SB1664 EngrossedLRB098 07471 MGM 37541 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.24 and by adding Section 4.34 as follows:
 
6    (5 ILCS 80/4.24)
7    Sec. 4.24. Acts and Section repealed on January 1, 2014.
8The following Acts and Section of an Act are repealed on
9January 1, 2014:
10    The Electrologist Licensing Act.
11    The Illinois Certified Shorthand Reporters Act of 1984.
12    The Illinois Occupational Therapy Practice Act.
13    The Illinois Public Accounting Act.
14    The Private Detective, Private Alarm, Private Security,
15Fingerprint Vendor, and Locksmith Act of 2004.
16    The Registered Surgical Assistant and Registered Surgical
17Technologist Title Protection Act.
18    Section 2.5 of the Illinois Plumbing License Law.
19    The Veterinary Medicine and Surgery Practice Act of 2004.
20(Source: P.A. 97-1139, eff. 12-28-12.)
 
21    (5 ILCS 80/4.34 new)
22    Sec. 4.34. Act repealed on January 1, 2024. The following

 

 

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1Act is repealed on January 1, 2024:
2    The Private Detective, Private Alarm, Private Security,
3Fingerprint Vendor, and Locksmith Act of 2004.
 
4    Section 10. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Sections 5-10, 5-15, 10-25, 10-30, 15-5,
715-10, 15-15, 20-10, 20-15, 25-10, 25-15, 25-20, 25-30, 30-5,
830-10, 30-15, 30-30, 31-15, 35-10, 35-20, 35-30, 35-32, 35-35,
935-40, 35-45, 40-5, 40-10, 40-25, 40-30, 40-35, 40-40, 40-45,
1045-10, 45-15, 45-20, 45-25, 45-30, 45-45, 45-50, 45-55, 45-60,
1150-5, 50-10, and 50-15 and by adding Section 50-50 as follows:
 
12    (225 ILCS 447/5-10)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 5-10. Definitions. As used in this Act:
15    "Address of record" means the designated address recorded
16by the Department in the applicant's application file or the
17licensee's license file, as maintained by the Department's
18licensure maintenance unit.
19    "Advertisement" means any public media, including printed
20or electronic material, that is published or displayed in a
21phone book, newspaper, magazine, pamphlet, newsletter,
22website, or other similar type of publication or electronic
23format that is intended to either attract business or merely
24provide contact information to the public for an agency or

 

 

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1licensee. Advertisement shall include any material
2disseminated by printed or electronic means or media, but shall
3not include a licensee's or an agency's letterhead, business
4cards, or other stationery used in routine business
5correspondence or customary name, address, and number type
6listings in a telephone directory.
7    "Alarm system" means any system, including an electronic
8access control system, a surveillance video system, a security
9video system, a burglar alarm system, a fire alarm system, an
10emergency communication system, mass notification system, or
11any other electronic system that activates an audible, visible,
12remote, or recorded signal that is designed for the protection
13or detection of intrusion, entry, theft, fire, vandalism,
14escape, or trespass, or other electronic systems designed for
15the protection of life by indicating the existence of an
16emergency situation. "Alarm system" also includes an emergency
17communication system and a mass notification system.
18    "Applicant" means a person or business applying for
19licensure, registration, or authorization under this Act as a
20fingerprint vendor, fingerprint vendor agency, locksmith,
21locksmith agency, private alarm contractor, private alarm
22contractor agency, private detective, private detective
23agency, private security contractor, or private security
24contractor agency. Any applicant or person who holds himself or
25herself out as an applicant is considered a licensee or
26registrant for the purposes of enforcement, investigation,

 

 

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1hearings, and the Illinois Administrative Procedure Act.
2    "Armed employee" means a licensee or registered person who
3is employed by an agency licensed or an armed proprietary
4security force registered under this Act who carries a weapon
5while engaged in the performance of official duties within the
6course and scope of his or her employment during the hours and
7times the employee is scheduled to work or is commuting between
8his or her home or place of employment, provided that commuting
9is accomplished within one hour from departure from home or
10place of employment.
11    "Armed proprietary security force" means a security force
12made up of one 5 or more armed individuals employed by a
13private, commercial, or industrial operation or one or more
14armed individuals employed by a financial institution as
15security officers for the protection of persons or property.
16    "Board" means the Private Detective, Private Alarm,
17Private Security, Fingerprint Vendor, and Locksmith Board.
18    "Branch office" means a business location removed from the
19place of business for which an agency license has been issued,
20including, but not limited to, locations where active employee
21records that are required to be maintained under this Act are
22kept, where prospective new employees are processed, or where
23members of the public are invited in to transact business. A
24branch office does not include an office or other facility
25located on the property of an existing client that is utilized
26solely for the benefit of that client and is not owned or

 

 

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1leased by the agency.
2    "Canine handler" means a person who uses or handles a
3trained dog to protect persons or property or to conduct
4investigations.
5    "Canine handler authorization card" means a card issued by
6the Department that authorizes the holder to use or handle a
7trained dog to protect persons or property or to conduct
8investigations during the performance of his or her duties as
9specified in this Act.
10    "Canine trainer" means a person who acts as a dog trainer
11for the purpose of training dogs to protect persons or property
12or to conduct investigations.
13    "Canine trainer authorization card" means a card issued by
14the Department that authorizes the holder to train a dog to
15protect persons or property or to conduct investigations during
16the performance of his or her duties as specified in this Act.
17    "Canine training facility" means a facility operated by a
18licensed private detective agency or private security
19contractor agency wherein dogs are trained for the purposes of
20protecting persons or property or to conduct investigations.
21    "Corporation" means an artificial person or legal entity
22created by or under the authority of the laws of a state,
23including without limitation a corporation, limited liability
24company, or any other legal entity.
25    "Department" means the Department of Financial and
26Professional Regulation.

 

 

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1    "Emergency communication system" means any system that
2communicates information about emergencies, including but not
3limited to fire, terrorist activities, shootings, other
4dangerous situations, accidents, and natural disasters.
5    "Employee" means a person who works for a person or agency
6that has the right to control the details of the work performed
7and is not dependent upon whether or not federal or state
8payroll taxes are withheld.
9    "Fingerprint vendor" means a person that offers,
10advertises, or provides services to fingerprint individuals,
11through electronic or other means, for the purpose of providing
12fingerprint images and associated demographic data to the
13Department of State Police for processing fingerprint based
14criminal history record information inquiries.
15    "Fingerprint vendor agency" means a person, firm,
16corporation, or other legal entity that engages in the
17fingerprint vendor business and employs, in addition to the
18fingerprint vendor licensee-in-charge, at least one other
19person in conducting that business.
20    "Fingerprint vendor licensee-in-charge" means a person who
21has been designated by a fingerprint vendor agency to be the
22licensee-in-charge of an agency who is a full-time management
23employee or owner who assumes sole responsibility for
24maintaining all records required by this Act and who assumes
25sole responsibility for assuring the licensed agency's
26compliance with its responsibilities as stated in this Act. The

 

 

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1Department shall adopt rules mandating licensee-in-charge
2participation in agency affairs.
3    "Fire alarm system" means any system that is activated by
4an automatic or manual device in the detection of smoke, heat,
5or fire that activates an audible, visible, or remote signal
6requiring a response.
7    "Firearm control card" means a card issued by the
8Department that authorizes the holder, who has complied with
9the training and other requirements of this Act, to carry a
10weapon during the performance of his or her duties as specified
11in this Act.
12    "Firm" means an unincorporated business entity, including
13but not limited to proprietorships and partnerships.
14    "Licensee" means a person or business licensed under this
15Act as a fingerprint vendor, fingerprint vendor agency,
16locksmith, locksmith agency, private alarm contractor, private
17alarm contractor agency, private detective, private detective
18agency, private security contractor, or private security
19contractor agency. Anyone who holds himself or herself out as a
20licensee or who is accused of unlicensed practice is considered
21a licensee for purposes of enforcement, investigation,
22hearings, and the Illinois Administrative Procedure Act.
23    "Locksmith" means a person who engages in a business or
24holds himself out to the public as providing a service that
25includes, but is not limited to, the servicing, installing,
26originating first keys, re-coding, repairing, maintaining,

 

 

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1manipulating, or bypassing of a mechanical or electronic
2locking device, access control or video surveillance system at
3premises, vehicles, safes, vaults, safe deposit boxes, or
4automatic teller machines.
5    "Locksmith agency" means a person, firm, corporation, or
6other legal entity that engages in the locksmith business and
7employs, in addition to the locksmith licensee-in-charge, at
8least one other person in conducting such business.
9    "Locksmith licensee-in-charge" means a person who has been
10designated by agency to be the licensee-in-charge of an agency,
11who is a full-time management employee or owner who assumes
12sole responsibility for maintaining all records required by
13this Act, and who assumes sole responsibility for assuring the
14licensed agency's compliance with its responsibilities as
15stated in this Act. The Department shall adopt rules mandating
16licensee-in-charge participation in agency affairs.
17    "Mass notification system" means any system that is used to
18provide information and instructions to people in a building or
19other space using voice communications, including visible
20signals, text, graphics, tactile, or other communication
21methods.
22    "Peace officer" or "police officer" means a person who, by
23virtue of office or public employment, is vested by law with a
24duty to maintain public order or to make arrests for offenses,
25whether that duty extends to all offenses or is limited to
26specific offenses. Officers, agents, or employees of the

 

 

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1federal government commissioned by federal statute to make
2arrests for violations of federal laws are considered peace
3officers.
4    "Permanent employee registration card" means a card issued
5by the Department to an individual who has applied to the
6Department and meets the requirements for employment by a
7licensed agency under this Act.
8    "Person" means a natural person.
9    "Private alarm contractor" means a person who engages in a
10business that individually or through others undertakes,
11offers to undertake, purports to have the capacity to
12undertake, or submits a bid to sell, install, design, monitor,
13maintain, alter, repair, replace, or service alarm and other
14security-related systems or parts thereof, including fire
15alarm systems, at protected premises or premises to be
16protected or responds to alarm systems at a protected premises
17on an emergency basis and not as a full-time security officer.
18"Private alarm contractor" does not include a person, firm, or
19corporation that manufactures or sells alarm systems only from
20its place of business and does not sell, install, monitor,
21maintain, alter, repair, replace, service, or respond to alarm
22systems at protected premises or premises to be protected.
23    "Private alarm contractor agency" means a person,
24corporation, or other entity that engages in the private alarm
25contracting business and employs, in addition to the private
26alarm contractor-in-charge, at least one other person in

 

 

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1conducting such business.
2    "Private alarm contractor licensee-in-charge" means a
3person who has been designated by an agency to be the
4licensee-in-charge of an agency, who is a full-time management
5employee or owner who assumes sole responsibility for
6maintaining all records required by this Act, and who assumes
7sole responsibility for assuring the licensed agency's
8compliance with its responsibilities as stated in this Act. The
9Department shall adopt rules mandating licensee-in-charge
10participation in agency affairs.
11    "Private detective" means any person who by any means,
12including, but not limited to, manual, canine odor detection,
13or electronic methods, engages in the business of, accepts
14employment to furnish, or agrees to make or makes
15investigations for a fee or other consideration to obtain
16information relating to:
17        (1) Crimes or wrongs done or threatened against the
18    United States, any state or territory of the United States,
19    or any local government of a state or territory.
20        (2) The identity, habits, conduct, business
21    occupation, honesty, integrity, credibility, knowledge,
22    trustworthiness, efficiency, loyalty, activity, movements,
23    whereabouts, affiliations, associations, transactions,
24    acts, reputation, or character of any person, firm, or
25    other entity by any means, manual or electronic.
26        (3) The location, disposition, or recovery of lost or

 

 

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1    stolen property.
2        (4) The cause, origin, or responsibility for fires,
3    accidents, or injuries to individuals or real or personal
4    property.
5        (5) The truth or falsity of any statement or
6    representation.
7        (6) Securing evidence to be used before any court,
8    board, or investigating body.
9        (7) The protection of individuals from bodily harm or
10    death (bodyguard functions).
11        (8) Service of process in criminal and civil
12    proceedings without court order.
13    "Private detective agency" means a person, firm,
14corporation, or other legal entity that engages in the private
15detective business and employs, in addition to the
16licensee-in-charge, one or more persons in conducting such
17business.
18    "Private detective licensee-in-charge" means a person who
19has been designated by an agency to be the licensee-in-charge
20of an agency, who is a full-time management employee or owner
21who assumes sole responsibility for maintaining all records
22required by this Act, and who assumes sole responsibility for
23assuring the licensed agency's compliance with its
24responsibilities as stated in this Act. The Department shall
25adopt rules mandating licensee-in-charge participation in
26agency affairs.

 

 

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1    "Private security contractor" means a person who engages in
2the business of providing a private security officer, watchman,
3patrol, guard dog, canine odor detection, or a similar service
4by any other title or name on a contractual basis for another
5person, firm, corporation, or other entity for a fee or other
6consideration and performing one or more of the following
7functions:
8        (1) The prevention or detection of intrusion, entry,
9    theft, vandalism, abuse, fire, or trespass on private or
10    governmental property.
11        (2) The prevention, observation, or detection of any
12    unauthorized activity on private or governmental property.
13        (3) The protection of persons authorized to be on the
14    premises of the person, firm, or other entity for which the
15    security contractor contractually provides security
16    services.
17        (4) The prevention of the misappropriation or
18    concealment of goods, money, bonds, stocks, notes,
19    documents, or papers.
20        (5) The control, regulation, or direction of the
21    movement of the public for the time specifically required
22    for the protection of property owned or controlled by the
23    client.
24        (6) The protection of individuals from bodily harm or
25    death (bodyguard functions).
26    "Private security contractor agency" means a person, firm,

 

 

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1corporation, or other legal entity that engages in the private
2security contractor business and that employs, in addition to
3the licensee-in-charge, one or more persons in conducting such
4business.
5    "Private security contractor licensee-in-charge" means a
6person who has been designated by an agency to be the
7licensee-in-charge of an agency, who is a full-time management
8employee or owner who assumes sole responsibility for
9maintaining all records required by this Act, and who assumes
10sole responsibility for assuring the licensed agency's
11compliance with its responsibilities as stated in this Act. The
12Department shall adopt rules mandating licensee-in-charge
13participation in agency affairs.
14    "Public member" means a person who is not a licensee or
15related to a licensee, or who is not an employer or employee of
16a licensee. The term "related to" shall be determined by the
17rules of the Department.
18    "Secretary" means the Secretary of the Department of
19Financial and Professional Regulation.
20(Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10;
2196-1445, eff. 8-20-10.)
 
22    (225 ILCS 447/5-15)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 5-15. Legislative intent. The intent of the General
25Assembly in enacting this statute is to regulate persons,

 

 

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1corporations, and firms licensed under this Act for the
2protection of the public. These practices are declared to
3affect the public health, safety, and welfare and are subject
4to exclusive State regulation and licensure. This Act shall be
5construed to carry out these purposes.
6(Source: P.A. 93-438, eff. 8-5-03.)
 
7    (225 ILCS 447/10-25)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 10-25. Issuance of license; renewal; fees.
10    (a) The Department shall, upon the applicant's
11satisfactory completion of the requirements set forth in this
12Act and upon receipt of the fee, issue the license indicating
13the name and business location of the licensee and the date of
14expiration.
15    (b) An applicant may, upon satisfactory completion of the
16requirements set forth in this Act and upon receipt of fees
17related to the application and testing for licensure, elect to
18defer the issuance of the applicant's initial license for a
19period not longer than 3 6 years. An applicant who fails to
20request issuance of his or her initial license or agency
21license and to remit the fees required for that license within
223 6 years shall be required to resubmit an application together
23with all required fees.
24    (c) The expiration date, renewal period, and conditions for
25renewal and restoration of each license, permanent employee

 

 

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1registration card, canine handler authorization card, canine
2trainer authorization card, and firearm control card shall be
3set by rule. The holder may renew the license, permanent
4employee registration card, canine handler authorization card,
5canine trainer authorization card, or firearm control card
6during the 30 days preceding its expiration by paying the
7required fee and by meeting conditions that the Department may
8specify. Any license holder who notifies the Department on
9forms prescribed by the Department may place his or her license
10on inactive status for a period of not longer than 3 6 years
11and shall, subject to the rules of the Department, be excused
12from payment of renewal fees until the license holder notifies
13the Department, in writing, of an intention to resume active
14status. Practice while on inactive status constitutes
15unlicensed practice. A non-renewed license that has lapsed for
16less than 3 6 years may be restored upon payment of the
17restoration fee and all lapsed renewal fees. A license that has
18lapsed for more than 3 6 years may be restored by paying the
19required restoration fee and all lapsed renewal fees and by
20providing evidence of competence to resume practice
21satisfactory to the Department and the Board, which may include
22passing a written examination. All restoration fees and lapsed
23renewal fees shall be waived for an applicant whose license
24lapsed while on active duty in the armed forces of the United
25States if application for restoration is made within 12 months
26after discharge from the service.

 

 

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1    Any person seeking renewal or restoration under this
2subsection (c) shall be subject to the continuing education
3requirements established pursuant to Section 10-27 of this Act.
4    (d) Any permanent employee registration card expired for
5less than one year may be restored upon payment of lapsed
6renewal fees. Any permanent employee registration card expired
7for one year or more may be restored by making application to
8the Department and filing proof acceptable to the Department of
9the licensee's fitness to have the permanent employee
10registration card restored, including verification of
11fingerprint processing through the Department of State Police
12and Federal Bureau of Investigation and paying the restoration
13fee.
14(Source: P.A. 95-613, eff. 9-11-07.)
 
15    (225 ILCS 447/10-30)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 10-30. Unlawful acts. It is unlawful for a licensee or
18an employee of a licensed agency:
19        (1) Upon termination of employment by the agency, to
20    fail to return upon demand or within 72 hours of
21    termination of employment any firearm issued by the
22    employer together with the employee's firearm control
23    card.
24        (2) (Blank). Upon termination of employment by the
25    agency, to fail to return within 72 hours of termination of

 

 

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1    employment any uniform, badge, identification card, or
2    equipment issued, but not sold, to the employee by the
3    agency.
4        (3) To falsify the employee's statement required by
5    this Act.
6        (4) To have a badge, shoulder patch, or any other
7    identification that contains the words "law enforcement".
8    In addition, no license holder or employee of a licensed
9    agency shall in any manner imply that the person is an
10    employee or agent of a governmental agency or display a
11    badge or identification card, emblem, or uniform citing the
12    words "police", "sheriff", "highway patrol trooper", or
13    "law enforcement".
14    A person who violates any provision of this Section shall
15be guilty of a Class A misdemeanor; a person who commits a
16second or subsequent violation of these provisions is guilty of
17a Class 4 felony.
18(Source: P.A. 95-613, eff. 9-11-07.)
 
19    (225 ILCS 447/15-5)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 15-5. Exemptions; private detective. The provisions
22of this Act relating to the licensure of private detectives do
23not apply to any of the following:
24        (1) An employee of the United States, Illinois, or a
25    political subdivision of either while the employee is

 

 

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1    engaged in the performance of his or her official duties
2    within the scope of his or her employment. However, any
3    such person who offers his or her services as a private
4    detective or uses a similar title when these services are
5    performed for compensation or other consideration, whether
6    received directly or indirectly, is subject to this Act.
7        (2) A person, firm, or other entity engaged exclusively
8    in tracing and compiling lineage or ancestry who does not
9    hold himself or herself out to be a private detective.
10        (3) A person engaged exclusively in obtaining and
11    furnishing information, including providing reports, as to
12    the financial rating or creditworthiness of persons or a
13    person who provides reports in connection with (i) consumer
14    credit transactions, (ii) information for employment
15    purposes, or (iii) information for the underwriting of
16    consumer insurance.
17        (4) Insurance adjusters employed or under contract as
18    adjusters who engage in no other investigative activities
19    other than those directly connected with adjustment of
20    claims against an insurance company or a self-insured
21    entity by which they are employed or with which they have a
22    contract. No insurance adjuster or company may use the term
23    "investigation" or any derivative thereof, in its name or
24    in its advertising.
25        (5) A person, firm, or other entity engaged in
26    providing computer forensics services so long as the

 

 

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1    person, firm, or other entity does not hold himself or
2    herself out to be a private detective. For the purposes of
3    this item (5), "computer forensics services" means a branch
4    of forensic science pertaining to the recovery and analysis
5    of electronically stored information.
6        (6) A person employed as an investigator exclusively by
7    only one employer in connection with the exclusive
8    activities of that employer and who does not hold himself
9    or herself out to be a private detective.
10        (7) A person appointed by the circuit court pursuant to
11    the Code of Civil Procedure to make service of process in a
12    specific case, provided that such person is not otherwise
13    engaged in the business of serving process.
14        (8) A person appointed by the circuit court pursuant to
15    the Code of Civil Procedure who is an honorably discharged
16    veteran of the armed forces of the United States and is
17    self-employed as a process server.
18(Source: P.A. 93-438, eff. 8-5-03.)
 
19    (225 ILCS 447/15-10)
20    (Section scheduled to be repealed January 1, 2014)
21    Sec. 15-10. Qualifications for licensure as a private
22detective.
23    (a) A person is qualified for licensure as a private
24detective if he or she meets all of the following requirements:
25        (1) Is at least 21 years of age.

 

 

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1        (2) Has not been convicted of any felony in any
2    jurisdiction or at least 10 years have elapsed since the
3    time of full discharge from a sentence imposed for a felony
4    conviction.
5        (3) Is of good moral character. Good character is a
6    continuing requirement of licensure. Conviction of crimes
7    other than felonies may be used in determining moral
8    character, but shall not constitute an absolute bar to
9    licensure, except where the applicant is a registered sex
10    offender.
11        (4) Has not been declared by any court of competent
12    jurisdiction to be incompetent by reason of mental or
13    physical defect or disease, unless a court has subsequently
14    declared him or her to be competent.
15        (5) Is not suffering from dependence on alcohol or from
16    narcotic addiction or dependence.
17        (6) Has a minimum of 3 years experience of the 5 years
18    immediately preceding application working full-time for a
19    licensed private detective agency as a registered private
20    detective agency employee or with 3 years experience of the
21    5 years immediately preceding his or her application
22    employed as a full-time investigator for a licensed
23    attorney, for an in-house investigative unit for a
24    corporation having 100 or more employees, for any of the
25    armed forces of the United States, or in a law enforcement
26    agency of the a federal government, a state, or a state

 

 

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1    political subdivision, which shall include a state's
2    attorney's office or a public defender's office. The Board
3    and the Department shall approve such full-time
4    investigator experience and may accept, in lieu of the
5    experience requirement in this item (6), alternative
6    experience working full-time for a private detective
7    agency licensed in another state or for a private detective
8    agency in a state that does not license such agencies if
9    the experience is substantially equivalent to that gained
10    working for an Illinois licensed private detective agency.
11    An applicant who has a baccalaureate degree, or higher, in
12    law enforcement or a related field or a business degree
13    from an accredited college or university shall be given
14    credit for 2 of the 3 years of the required experience. An
15    applicant who has an associate degree in law enforcement or
16    in a related field or in business from an accredited
17    college or university shall be given credit for one of the
18    3 years of the required experience. An applicant who has
19    completed a non-degree military training program in law
20    enforcement or a related field shall be given credit for
21    one of the 3 years of the required experience if the Board
22    and the Department determine that such training is
23    substantially equivalent to that received in an associate
24    degree program.
25        (7) Has not been dishonorably discharged from the armed
26    forces of the United States or has not been discharged from

 

 

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1    a law enforcement agency of the United States or of any
2    state or of any political subdivision thereof, which shall
3    include a state's attorney's office, for reasons relating
4    to his or her conduct as an employee of that law
5    enforcement agency.
6        (8) Has passed an examination authorized by the
7    Department.
8        (9) Submits his or her fingerprints, proof of having
9    general liability insurance required under subsection (b),
10    and the required license fee.
11        (10) Has not violated Section 10-5 of this Act.
12    (b) It is the responsibility of the applicant to obtain
13general liability insurance in an amount and coverage
14appropriate for the applicant's circumstances as determined by
15rule. The applicant shall provide evidence of insurance to the
16Department before being issued a license. Failure to maintain
17general liability insurance and to provide the Department with
18written proof of the insurance shall result in cancellation of
19the license without hearing.
20    (c) Any person who has been providing canine odor detection
21services for hire prior to January 1, 2005 is exempt from the
22requirements of item (6) of subsection (a) of this Section and
23may be granted a private detective license if (i) he or she
24meets the requirements of items (1) through (5) and items (7)
25through (10) of subsection (a) of this Section, (ii) pays all
26applicable fees, and (iii) presents satisfactory evidence to

 

 

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1the Department of the provision of canine odor detection
2services for hire since January 1, 2005.
3(Source: P.A. 95-613, eff. 9-11-07.)
 
4    (225 ILCS 447/15-15)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 15-15. Qualifications for licensure as a private
7detective agency.
8    (a) Upon receipt of the required fee and proof that the
9applicant has a full-time Illinois licensed private detective
10licensee-in-charge detective-in-charge, which is a continuing
11requirement for agency licensure, the Department shall issue a
12license as a private detective agency to any of the following:
13        (1) An individual who submits an application and is a
14    licensed private detective under this Act.
15        (2) A firm that submits an application and all of the
16    members of the firm are licensed private detectives under
17    this Act.
18        (3) A corporation or limited liability company doing
19    business in Illinois that is authorized to engage in the
20    business of conducting a private detective agency,
21    provided at least one full-time executive employee is
22    licensed as a private detective under this Act and all
23    unlicensed officers and directors of the corporation or
24    limited liability company are determined by the Department
25    to be persons of good moral character.

 

 

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1    (b) No private detective may be the licensee-in-charge for
2more than one private detective agency. Upon written request by
3a representative of an agency, within 10 days after the loss of
4a licensee-in-charge of an agency because of the death of that
5individual or because of the termination of the employment of
6that individual, the Department shall issue a temporary
7certificate of authority allowing the continuing operation of
8the licensed agency. No temporary certificate of authority
9shall be valid for more than 90 days. An extension of an
10additional 90 days may be granted upon written request by the
11representative of the agency. Not more than 2 extensions may be
12granted to any agency. No temporary permit shall be issued for
13a loss of the licensee-in-charge because of disciplinary action
14by the Department related to his or her conduct on behalf of
15the agency.
16    (c) Upon issuance of the temporary certificate of authority
17as provided for in subsection (b) of this Section, and at any
18time thereafter while the temporary certificate of authority is
19in effect, the Department may request in writing additional
20information from the agency regarding the loss of its
21licensee-in-charge, the selection of a new licensee-in-charge,
22and the management of the agency. Failure of the agency to
23respond or respond to the satisfaction of the Department shall
24cause the Department to deny any extension of the temporary
25certificate of authority. While the temporary certificate of
26authority is in effect, the Department may disapprove the

 

 

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1selection of a new licensee-in-charge by the agency if the
2person's license is not operative or the Department has good
3cause to believe that the person selected will not fully
4exercise the responsibilities of a licensee-in-charge. If the
5Department has disapproved the selection of a new
6licensee-in-charge and the temporary certificate of authority
7expires or is about to expire without the agency selecting
8another new licensee-in-charge, the Department shall grant an
9extension of the temporary certificate of authority for an
10additional 90 days, except as otherwise prohibited in
11subsection (b) or this subsection (c).
12(Source: P.A. 95-613, eff. 9-11-07.)
 
13    (225 ILCS 447/20-10)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 20-10. Qualifications for licensure as a private alarm
16contractor.
17    (a) A person is qualified for licensure as a private alarm
18contractor if he or she meets all of the following
19requirements:
20        (1) Is at least 21 years of age.
21        (2) Has not been convicted of any felony in any
22    jurisdiction or at least 10 years have elapsed since the
23    time of full discharge from a sentence imposed for a felony
24    conviction.
25        (3) Is of good moral character. Good moral character is

 

 

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1    a continuing requirement of licensure. Conviction of
2    crimes other than felonies may be used in determining moral
3    character, but shall not constitute an absolute bar to
4    licensure, except where the applicant is a registered sex
5    offender.
6        (4) Has not been declared by any court of competent
7    jurisdiction to be incompetent by reason of mental or
8    physical defect or disease, unless a court has subsequently
9    declared him or her to be competent.
10        (5) Is not suffering from dependence on alcohol or from
11    narcotic addiction or dependence.
12        (6) Has a minimum of 3 years experience during the 5
13    years immediately preceding the application (i) working as
14    a full-time manager for a licensed private alarm contractor
15    agency or (ii) working for a government, one of the armed
16    forces of the United States, or private entity that
17    inspects, reviews, designs, sells, installs, operates,
18    services, or monitors alarm systems that, in the judgment
19    of the Board, satisfies the standards of alarm industry
20    competence. The Board and the Department may accept, in
21    lieu of the experience requirement in this item (6),
22    alternative experience working as a full-time manager for a
23    private alarm contractor agency licensed in another state
24    or for a private alarm contractor agency in a state that
25    does not license such agencies, if the experience is
26    substantially equivalent to that gained working for an

 

 

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1    Illinois licensed private alarm contractor agency. An
2    applicant who has received a 4-year degree or higher in
3    electrical engineering or a related field from a program
4    approved by the Board shall be given credit for 2 years of
5    the required experience. An applicant who has successfully
6    completed a national certification program approved by the
7    Board shall be given credit for one year of the required
8    experience.
9        (7) Has not been dishonorably discharged from the armed
10    forces of the United States.
11        (8) Has passed an examination authorized by the
12    Department.
13        (9) Submits his or her fingerprints, proof of having
14    general liability insurance required under subsection (c),
15    and the required license fee.
16        (10) Has not violated Section 10-5 of this Act.
17    (b) (Blank).
18    (c) It is the responsibility of the applicant to obtain
19general liability insurance in an amount and coverage
20appropriate for the applicant's circumstances as determined by
21rule. The applicant shall provide evidence of insurance to the
22Department before being issued a license. Failure to maintain
23general liability insurance and to provide the Department with
24written proof of the insurance shall result in cancellation of
25the license without hearing.
26(Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10.)
 

 

 

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1    (225 ILCS 447/20-15)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 20-15. Qualifications for licensure as a private alarm
4contractor agency.
5    (a) Upon receipt of the required fee and proof that the
6applicant has a full-time Illinois licensed private alarm
7contractor licensee-in-charge contractor-in-charge, which is a
8continuing requirement for agency licensure, the Department
9shall issue a license as a private alarm contractor agency to
10any of the following:
11        (1) An individual who submits an application and is a
12    licensed private alarm contractor under this Act.
13        (2) A firm that submits an application and all of the
14    members of the firm are licensed private alarm contractors
15    under this Act.
16        (3) A corporation or limited liability company doing
17    business in Illinois that is authorized by its articles of
18    incorporation or organization to engage in the business of
19    conducting a private alarm contractor agency if at least
20    one executive employee is licensed as a private alarm
21    contractor under this Act and all unlicensed officers and
22    directors of the corporation or limited liability company
23    are determined by the Department to be persons of good
24    moral character.
25    (b) No private alarm contractor may be the

 

 

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1licensee-in-charge private alarm contractor-in-charge for more
2than one private alarm contractor agency. Upon written request
3by a representative of an agency, within 10 days after the loss
4of a licensee-in-charge licensed private alarm
5contractor-in-charge of an agency because of the death of that
6individual or because of the termination of the employment of
7that individual, the Department shall issue a temporary
8certificate of authority allowing the continuing operation of
9the licensed agency. No temporary certificate of authority
10shall be valid for more than 90 days. An extension of an
11additional 90 days may be granted upon written request by the
12representative of the agency. Not more than 2 extensions may be
13granted to any agency. No temporary permit shall be issued for
14loss of the licensee-in-charge because of disciplinary action
15by the Department related to his or her conduct on behalf of
16the agency.
17    (c) No private alarm contractor, private alarm contractor
18agency, or person may install or connect an alarm system or
19fire alarm system that connects automatically and directly to a
20governmentally operated police or fire dispatch system in a
21manner that violates subsection (a) of Section 15.2 of the
22Emergency Telephone System Act. In addition to the penalties
23provided by the Emergency Telephone System Act, a private alarm
24contractor agency that violates this Section shall pay the
25Department an additional penalty of $250 per occurrence.
26    (d) Upon issuance of the temporary certificate of authority

 

 

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1as provided for in subsection (b) of this Section and at any
2time thereafter while the temporary certificate of authority is
3in effect, the Department may request in writing additional
4information from the agency regarding the loss of its
5licensee-in-charge, the selection of a new licensee-in-charge,
6and the management of the agency. Failure of the agency to
7respond or respond to the satisfaction of the Department shall
8cause the Department to deny any extension of the temporary
9certificate of authority. While the temporary certificate of
10authority is in effect, the Department may disapprove the
11selection of a new licensee-in-charge by the agency if the
12person's license is not operative or the Department has good
13cause to believe that the person selected will not fully
14exercise the responsibilities of a licensee-in-charge. If the
15Department has disapproved the selection of another new
16licensee-in-charge and the temporary certificate of authority
17expires or is about to expire without the agency selecting a
18new licensee-in-charge, the Department shall grant an
19extension of the temporary certificate of authority for an
20additional 90 days, except as otherwise prohibited in
21subsection (b) or this subsection (d).
22(Source: P.A. 93-438, eff. 8-5-03.)
 
23    (225 ILCS 447/25-10)
24    (Section scheduled to be repealed on January 1, 2014)
25    Sec. 25-10. Qualifications for licensure as a private

 

 

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1security contractor.
2    (a) A person is qualified for licensure as a private
3security contractor if he or she meets all of the following
4requirements:
5        (1) Is at least 21 years of age.
6        (2) Has not been convicted of any felony in any
7    jurisdiction or at least 10 years have elapsed since the
8    time of full discharge from a sentence imposed for a felony
9    conviction.
10        (3) Is of good moral character. Good character is a
11    continuing requirement of licensure. Conviction of crimes
12    other than felonies may be used in determining moral
13    character, but shall not constitute an absolute bar to
14    licensure, except where the applicant is a registered sex
15    offender.
16        (4) Has not been declared by any court of competent
17    jurisdiction to be incompetent by reason of mental or
18    physical defect or disease, unless a court has subsequently
19    declared him or her to be competent.
20        (5) Is not suffering from dependence on alcohol or from
21    narcotic addiction or dependence.
22        (6) Has a minimum of 3 years experience of the 5 years
23    immediately preceding application working as a full-time
24    manager for a licensed private security contractor agency
25    or a manager of a proprietary security force of 30 or more
26    persons registered with the Department or with 3 years

 

 

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1    experience of the 5 years immediately preceding his or her
2    application employed as a full-time supervisor for an
3    in-house security unit for a corporation having l00 or more
4    employees, for a military police or related security unit
5    in any of the armed forces of the United States, or in a
6    law enforcement agency of the a federal government, a
7    state, or a state political subdivision, which shall
8    include a state's attorney's office or public defender's
9    office. The Board and the Department shall approve such
10    full-time supervisory experience and may accept, in lieu of
11    the experience requirement in this subsection, alternative
12    experience working as a full-time manager for a private
13    security contractor agency licensed in another state or for
14    a private security contractor agency in a state that does
15    not license such agencies if the experience is
16    substantially equivalent to that gained working for an
17    Illinois licensed private security contractor agency. An
18    applicant who has a baccalaureate degree or higher in
19    police science or a related field or a business degree from
20    an accredited college or university shall be given credit
21    for 2 of the 3 years of the required experience. An
22    applicant who has completed a non-degree military training
23    program in police science or a related field shall be given
24    credit for one of the 3 years of the required experience if
25    the Board and the Department determine that such training
26    is substantially equivalent to that received in an

 

 

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1    associate degree program. An applicant who has an associate
2    degree in police science or in a related field or in
3    business from an accredited college or university shall be
4    given credit for one of the 3 years of the required
5    experience.
6        (7) Has not been dishonorably discharged from the armed
7    forces of the United States.
8        (8) Has passed an examination authorized by the
9    Department.
10        (9) Submits his or her fingerprints, proof of having
11    general liability insurance required under subsection (b),
12    and the required license fee.
13        (10) Has not violated Section 10-5 of this Act.
14    (b) It is the responsibility of the applicant to obtain
15general liability insurance in an amount and coverage
16appropriate for the applicant's circumstances as determined by
17rule. The applicant shall provide evidence of insurance to the
18Department before being issued a license. Failure to maintain
19general liability insurance and to provide the Department with
20written proof of the insurance shall result in cancellation of
21the license without hearing.
22    (c) Any person who has been providing canine odor detection
23services for hire prior to January 1, 2005 is exempt from the
24requirements of item (6) of subsection (a) of this Section and
25may be granted a private security contractor license if (i) he
26or she meets the requirements of items (1) through (5) and

 

 

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1items (7) through (10) of subsections (a) of this Section, (ii)
2pays all applicable fees, and (iii) presents satisfactory
3evidence to the Department of the provision of canine odor
4detection services for hire since January 1, 2005.
5(Source: P.A. 95-613, eff. 9-11-07.)
 
6    (225 ILCS 447/25-15)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 25-15. Qualifications for licensure as a private
9security contractor agency.
10    (a) Upon receipt of the required fee and proof that the
11applicant has a full-time Illinois licensed private security
12licensee-in-charge contractor-in-charge, which is a continuing
13requirement for agency licensure, the Department shall issue a
14license as a private security contractor agency to any of the
15following:
16        (1) An individual who submits an application and is a
17    licensed private security contractor under this Act.
18        (2) A firm that submits an application and all of the
19    members of the firm are licensed private security
20    contractors under this Act.
21        (3) A corporation or limited liability company doing
22    business in Illinois that is authorized to engage in the
23    business of conducting a private security contractor
24    agency if at least one officer or executive employee is
25    licensed as a private security contractor under this Act

 

 

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1    and all unlicensed officers and directors of the
2    corporation or limited liability company are determined by
3    the Department to be persons of good moral character.
4    (b) No private security contractor may be the private
5security contractor licensee-in-charge for more than one
6private security contractor agency. Upon written request by a
7representative of the agency, within 10 days after the loss of
8a private security contractor licensee-in-charge of an agency
9because of the death of that individual or because of the
10termination of the employment of that individual, the
11Department shall issue a temporary certificate of authority
12allowing the continuing operation of the licensed agency. No
13temporary certificate of authority shall be valid for more than
1490 days. An extension of an additional 90 days may be granted
15upon written request by the representative of the agency. Not
16more than 2 extensions may be granted to any agency. No
17temporary permit shall be issued for loss of the
18licensee-in-charge because of disciplinary action by the
19Department related to his or her conduct on behalf of the
20agency.
21    (c) Upon issuance of the temporary certificate of authority
22as provided for in subsection (b) of this Section and at any
23time thereafter while the temporary certificate of authority is
24in effect, the Department may request in writing additional
25information from the agency regarding the loss of its
26licensee-in-charge, the selection of a new licensee-in-charge,

 

 

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1and the management of the agency. Failure of the agency to
2respond or respond to the satisfaction of the Department shall
3cause the Department to deny any extension of the temporary
4certificate of authority. While the temporary certificate of
5authority is in effect, the Department may disapprove the
6selection of a new licensee-in-charge by the agency if the
7person's license is not operative or the Department has good
8cause to believe that the person selected will not fully
9exercise the responsibilities of a licensee-in-charge. If the
10Department has disapproved the selection of a new
11licensee-in-charge and the temporary certificate of authority
12expires or is about to expire without the agency selecting
13another new licensee-in-charge, the Department shall grant an
14extension of the temporary certificate of authority for an
15additional 90 days, except as otherwise prohibited in
16subsection (b) or this subsection (c).
17(Source: P.A. 95-613, eff. 9-11-07.)
 
18    (225 ILCS 447/25-20)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 25-20. Training; private security contractor and
21employees.
22    (a) Registered employees of the private security
23contractor agency who provide traditional guarding or other
24private security related functions or who respond to alarm
25systems shall complete, within 30 days of their employment, a

 

 

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1minimum of 20 hours of classroom basic training provided by a
2qualified instructor, which shall include the following
3subjects:
4        (1) The law regarding arrest and search and seizure as
5    it applies to private security.
6        (2) Civil and criminal liability for acts related to
7    private security.
8        (3) The use of force, including but not limited to the
9    use of nonlethal force (i.e., disabling spray, baton,
10    stungun or similar weapon).
11        (4) Arrest and control techniques.
12        (5) The offenses under the Criminal Code of 1961 that
13    are directly related to the protection of persons and
14    property.
15        (6) The law on private security forces and on reporting
16    to law enforcement agencies.
17        (7) Fire prevention, fire equipment, and fire safety.
18        (8) The procedures for service of process and for
19    report writing.
20        (9) Civil rights and public relations.
21        (10) The identification of terrorists, acts of
22    terrorism, and terrorist organizations, as defined by
23    federal and State statutes.
24    (b) All other employees of a private security contractor
25agency shall complete a minimum of 20 hours of training
26provided by the qualified instructor within 30 days of their

 

 

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1employment. The substance of the training shall be related to
2the work performed by the registered employee.
3    (c) Registered employees of the private security
4contractor agency who provide guarding or other private
5security related functions, in addition to the classroom
6training required under subsection (a), within 6 months of
7their employment, shall complete an additional 8 hours of
8training on subjects to be determined by the employer, which
9training may be site-specific and may be conducted on the job.
10    (d) In addition to the basic training provided for in
11subsections (a) and (c), registered employees of the private
12security contractor agency who provide guarding or other
13private security related functions shall complete an
14additional 8 hours of refresher training on subjects to be
15determined by the employer each calendar year commencing with
16the calendar year following the employee's first employment
17anniversary date, which refresher training may be
18site-specific and may be conducted on the job.
19    (e) It is the responsibility of the employer to certify, on
20a form provided by the Department, that the employee has
21successfully completed the basic and refresher training. The
22form shall be a permanent record of training completed by the
23employee and shall be placed in the employee's file with the
24employer for the period the employee remains with the employer.
25An agency may place a notarized copy of the Department form in
26lieu of the original into the permanent employee registration

 

 

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1card file. The original form shall be given to the employee
2when his or her employment is terminated. Failure to return the
3original form to the employee is grounds for disciplinary
4action. The employee shall not be required to repeat the
5required training once the employee has been issued the form.
6An employer may provide or require additional training.
7    (f) Any certification of completion of the 20-hour basic
8training issued under the Private Detective, Private Alarm,
9Private Security and Locksmith Act of 1993 or any prior Act
10shall be accepted as proof of training under this Act.
11(Source: P.A. 95-613, eff. 9-11-07.)
 
12    (225 ILCS 447/25-30)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 25-30. Uniforms.
15    (a) No licensee under this Act or any employee of a
16licensed agency shall wear or display a badge, shoulder patch
17or other identification that contains the words "law" or
18"enforcement" "law enforcement". No license holder or employee
19of a licensed agency shall imply in any manner that the person
20is an employee or agent of a governmental entity, display a
21badge or identification card, emblem, or uniform using the
22words "police", "sheriff", "highway patrol", "trooper", "law
23enforcement" or any similar term.
24    (b) All military-style uniforms, if worn by employees of a
25licensed private security contractor agency, must bear the name

 

 

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1of the private security contractor agency, which shall be
2plainly visible on a patch, badge, or other insignia.
3    (c) All uniforms, if worn by employees of a licensed
4private security contractor agency, may only be worn in the
5performance of their duties or while commuting directly to or
6from the employee's place or places of employment, provided
7this is accomplished within one hour from departure from home
8or place of employment.
9    (d) Employees shall return any uniform, badge,
10identification card, or equipment issued, but not sold, to the
11employee by the agency within 72 hours of termination of
12employment.
13    (e) Licensees under this Act of any employee of a licensed
14agency are prohibited from using the Illinois State Seal on
15badges, company logos, identification cards, patches, or other
16insignia.
17(Source: P.A. 95-613, eff. 9-11-07.)
 
18    (225 ILCS 447/30-5)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 30-5. Exemptions; locksmith. The provisions of this
21Act do not apply to any of the following if the person
22performing the service does not hold himself or herself out as
23a locksmith:
24        (1) Automobile service dealers who service, install,
25    repair, or rebuild automobile locks.

 

 

SB1664 Engrossed- 41 -LRB098 07471 MGM 37541 b

1        (2) Police officers, firefighters, or municipal
2    employees who open a lock in an emergency situation.
3        (3) A retail merchant selling locks or similar security
4    accessories, duplicating keys, or installing, programming,
5    repairing, maintaining, reprogramming, rebuilding, or
6    servicing electronic garage door devices.
7        (4) A member of the building trades who installs or
8    removes complete locks or locking devices in the course of
9    residential or commercial new construction or remodeling.
10        (5) An employee of a towing service, repossessor,
11    roadside assistance service, or automobile club opening
12    automotive locks in the normal course of his or her duties.
13    Additionally, this Act shall not prohibit an employee of a
14    towing service or roadside assistance service from opening
15    motor vehicles to enable a vehicle to be moved without
16    towing, provided the towing service or roadside assistance
17    service does not hold itself out to the public, by
18    directory advertisement, through a sign at the facilities
19    of the towing service or roadside assistance service, or by
20    any other form of advertisement, as a locksmith.
21        (6) A student in the course of study in locksmith
22    programs approved by the Department.
23        (7) Warranty service by a lock manufacturer or its
24    employees on the manufacturer's own products.
25        (8) A maintenance employee of a property management
26    company at a multi-family residential building who

 

 

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1    services, installs, repairs, or opens locks for tenants.
2        (9) A person employed exclusively by only one employer
3    in connection with the exclusive activities of that
4    employer, providing that person does not hold himself or
5    herself out to the public as a locksmith.
6        (10) Persons who have no access to confidential or
7    security information and who otherwise do not provide
8    traditional locksmith services, as defined in this Act, are
9    exempt from employee registration. Examples of exempt
10    employees include, but are not limited to, employees
11    working in the capacity of key cutters, cashiers, drivers,
12    and reception personnel. Confidential or security
13    information is that which pertains to employee files,
14    scheduling, client contracts, master key charts, access
15    codes, or technical security and alarm data.
16(Source: P.A. 93-438, eff. 8-5-03.)
 
17    (225 ILCS 447/30-10)
18    (Section scheduled to be repealed on January 1, 2014)
19    Sec. 30-10. Qualifications for licensure as a locksmith.
20    (a) A person is qualified for licensure as a locksmith if
21he or she meets all of the following requirements:
22        (1) Is at least 18 years of age.
23        (2) Has not been convicted of any felony in any
24    jurisdiction or at least 10 years have elapsed since the
25    time of full discharge from a sentence imposed for a felony

 

 

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1    conviction.
2        (3) Is of good moral character. Good moral character is
3    a continuing requirement of licensure. Conviction of
4    crimes other than felonies may be used in determining moral
5    character, but shall not constitute an absolute bar to
6    licensure, except where the applicant is a registered sex
7    offender.
8        (4) Has not been declared by any court of competent
9    jurisdiction to be incompetent by reason of mental or
10    physical defect or disease, unless a court has subsequently
11    declared him or her to be competent.
12        (5) Is not suffering from dependence on alcohol or from
13    narcotic addiction or dependence.
14        (6) Has not been dishonorably discharged from the armed
15    forces of the United States.
16        (7) Has passed an examination authorized by the
17    Department.
18        (8) Submits his or her fingerprints, proof of having
19    general liability insurance required under subsection (b),
20    and the required license fee.
21        (9) Has not violated Section 10-5 of this Act.
22    (b) It is the responsibility of the applicant to obtain
23general liability insurance in an amount and coverage
24appropriate for the applicant's circumstances as determined by
25rule. The applicant shall provide evidence of insurance to the
26Department before being issued a license. Failure to maintain

 

 

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1general liability insurance and to provide the Department with
2written proof of the insurance shall result in cancellation of
3the license without hearing. A locksmith employed by a licensed
4locksmith agency or employed by a private concern may provide
5proof that his or her actions as a locksmith are covered by the
6liability insurance of his or her employer.
7(Source: P.A. 93-438, eff. 8-5-03.)
 
8    (225 ILCS 447/30-15)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 30-15. Qualifications for licensure as a locksmith
11agency.
12    (a) Upon receipt of the required fee and proof that the
13applicant has a full-time is an Illinois licensed locksmith
14licensee-in-charge who shall assume responsibility for the
15operation of the agency and the directed actions of the
16agency's employees, which is a continuing requirement for
17agency licensure, the Department shall issue a license as a
18locksmith agency to any of the following:
19        (1) An individual who submits an application and is a
20    licensed locksmith under this Act.
21        (2) A firm that submits an application and all of the
22    members of the firm are licensed locksmiths under this Act.
23        (3) A corporation or limited liability company doing
24    business in Illinois that is authorized to engage in the
25    business of conducting a locksmith agency if at least one

 

 

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1    officer or executive employee is a licensed locksmith under
2    this Act and all unlicensed officers and directors of the
3    corporation or limited liability company are determined by
4    the Department to be persons of good moral character.
5    (b) An individual licensed as a locksmith operating under a
6business name other than the licensed locksmith's own name
7shall not be required to obtain a locksmith agency license if
8that licensed locksmith does not employ any persons to engage
9in the practice of locksmithing and registers under the Assumed
10Business Name Act.
11    (c) No locksmith may be the locksmith licensee in-charge
12for more than one locksmith agency. Upon written request by a
13representative of the agency, within 10 days after the loss of
14a licensee-in-charge locksmith-in-charge of an agency because
15of the death of that individual or because of the termination
16of the employment of that individual, the Department shall
17issue a temporary certificate of authority allowing the
18continuing operation of the licensed agency. No temporary
19certificate of authority shall be valid for more than 90 days.
20An extension of an additional 90 days may be granted upon
21written request by the representative of the agency. Not more
22than 2 extensions may be granted to any agency. No temporary
23permit shall be issued for loss of the licensee-in-charge
24because of disciplinary action by the Department related to his
25or her conduct on behalf of the agency.
26    (c-1) Upon issuance of the temporary certificate of

 

 

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1authority as provided for in subsection (c) of this Section and
2at any time thereafter while the temporary certificate of
3authority is in effect, the Department may request in writing
4additional information from the agency regarding the loss of
5its licensee-in-charge, the selection of a new
6licensee-in-charge, and the management of the agency. Failure
7of the agency to respond to the satisfaction of the Department
8shall cause the Department to deny any extension of the
9temporary certificate of authority. While the temporary
10certificate of authority is in effect, the Department may
11disapprove the selection of a new licensee-in-charge by the
12agency if the person's license is not operative or the
13Department has good cause to believe that the person selected
14will not fully exercise the responsibilities of a
15licensee-in-charge. If the Department has disapproved the
16selection of a new licensee-in-charge and the temporary
17certificate of authority expires or is about to expire without
18the agency selecting another new licensee-in-charge, the
19Department shall grant an extension of the temporary
20certificate of authority for an additional 90 days, except as
21otherwise prohibited in subsection (c) or this subsection
22(c-1).
23    (d) The Department shall require without limitation all of
24the following information from each applicant for licensure as
25a locksmith agency under this Act:
26        (1) The name, full business address, and telephone

 

 

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1    number of the locksmith agency. The business address for
2    the locksmith agency shall be a complete street address
3    from which business is actually conducted, shall be located
4    within the State, and may not be a P.O. Box. The applicant
5    shall submit proof that the business location is or will be
6    used to conduct the locksmith agency's business. The
7    Department may approve of an out-of-state business
8    location if it is not over 50 miles in distance from the
9    borders of this State.
10        (2) All trade or business names used by the licensee.
11        (3) The type of ownership or operation, such as a
12    partnership, corporation, or sole proprietorship.
13        (4) The name of the owner or operator of the locksmith
14    agency, including:
15            (A) if a person, then the name and address of
16        record of the person;
17            (B) if a partnership, then the name and address of
18        record of each partner and the name of the partnership;
19            (C) if a corporation, then the name, address of
20        record, and title of each corporate officer and
21        director, the corporate names, and the name of the
22        state of incorporation; and
23            (D) if a sole proprietorship, then the full name
24        and address of record of the sole proprietor and the
25        name of the business entity.
26        (5) The name and license number of the

 

 

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1    licensee-in-charge for the locksmith agency.
2        (6) Any additional information required by the
3    Department by rule.
4    (e) A licensed locksmith agency may operate under a "doing
5business as" or assumed name certification without having to
6obtain a separate locksmith agency license if the "doing
7business as" or assumed name is first registered with the
8Department. A licensed locksmith agency may register no more
9than one assumed name.
10(Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)
 
11    (225 ILCS 447/30-30)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 30-30. Consumer protection; required information for
14consumers.
15    (a) A licensee providing any locksmith services shall
16document on a work order, invoice, or receipt the name,
17address, and telephone number of the person requesting the work
18to be done.
19    (b) The locksmith who performs the services shall include
20on the work order, invoice, or receipt his or her name and
21license number.
22    (c) If the locksmith who performs the services is employed
23by a locksmith agency, then the name, address, and license
24number of the locksmith agency and the name and license or
25registration number of the locksmith who performed the services

 

 

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1shall be included on the work order, invoice, or receipt.
2    (d) A copy of the work order, invoice, or receipt shall be
3provided to the customer at the time of service and the
4original copy of the work order, invoice, or receipt shall be
5kept by the licensed locksmith or locksmith agency for a period
6of 2 years.
7    (e) The name, address, and license number of the locksmith
8or locksmith agency, if applicable, shall be pre-printed on the
9work order, invoice, or receipt required under this Section.
10    (f) A locksmith may be disciplined by the Department
11pursuant to this Act for gross or , willful, and continued
12overcharging for professional locksmith services, including
13filing false statements for the collection of fees for services
14not rendered.
15(Source: P.A. 96-1445, eff. 8-20-10.)
 
16    (225 ILCS 447/31-15)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 31-15. Qualifications for licensure as a fingerprint
19vendor agency.
20    (a) Upon receipt of the required fee and proof that the
21applicant has a full-time is an Illinois licensed fingerprint
22vendor licensee-in-charge who shall assume responsibility for
23the operation of the agency and the directed actions of the
24agency's employees, which is a continuing requirement for
25agency licensure, the Department may issue a license as a

 

 

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1fingerprint vendor agency to any of the following:
2        (1) An individual who submits an application and is a
3    licensed fingerprint vendor under this Act.
4        (2) A firm that submits an application and all of the
5    members of the firm are licensed fingerprint vendors under
6    this Act.
7        (3) A corporation or limited liability company doing
8    business in Illinois that is authorized to engage in the
9    business of conducting a fingerprint vendor agency if at
10    least one officer or executive employee is a licensed
11    fingerprint vendor under this Act and all unlicensed
12    officers and directors of the corporation or limited
13    liability company are determined by the Department to be
14    persons of good moral character.
15    (b) An individual licensed as a fingerprint vendor
16operating under a business name other than the licensed
17fingerprint vendor's own name shall not be required to obtain a
18fingerprint vendor agency license if that licensed fingerprint
19vendor does not employ any persons to provide fingerprinting
20services.
21    (c) No fingerprint vendor may be the fingerprint vendor
22licensee-in-charge for more than one fingerprint vendor
23agency. Upon written request by a representative of the agency,
24within 10 days after the loss of a fingerprint vendor
25licensee-in-charge of an agency because of the death of that
26individual or because of the termination of the employment of

 

 

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1that individual, the Department shall issue a temporary
2certificate of authority allowing the continuing operation of
3the licensed agency. No temporary certificate of authority
4shall be valid for more than 90 days. An extension of an
5additional 90 days may be granted upon written request by the
6representative of the agency. Not more than 2 extensions one
7extension may be granted to any agency. No temporary permit
8shall be issued for loss of the licensee-in-charge because of
9disciplinary action by the Department related to his or her
10conduct on behalf of the agency.
11    (d) Upon issuance of the temporary certificate of authority
12as provided for in subsection (c) of this Section and at any
13time thereafter while the temporary certificate of authority is
14in effect, the Department may request in writing additional
15information from the agency regarding the loss of its
16licensee-in-charge, the selection of a new licensee-in-charge,
17and the management of the agency. Failure of the agency to
18respond or respond to the satisfaction of the Department shall
19cause the Department to deny any extension of the temporary
20certificate of authority. While the temporary certificate of
21authority is in effect, the Department may disapprove the
22selection of a new licensee-in-charge by the agency if the
23person's license is not operative or the Department has good
24cause to believe that the person selected will not fully
25exercise the responsibilities of a licensee-in-charge. If the
26Department has disapproved the selection of a new

 

 

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1licensee-in-charge and the temporary certificate of authority
2expires or is about to expire without the agency selecting
3another new licensee-in-charge, the Department shall grant an
4extension of the temporary certificate of authority for an
5additional 90 days, except as otherwise prohibited in
6subsection (c) or this subsection (d).
7(Source: P.A. 95-613, eff. 9-11-07.)
 
8    (225 ILCS 447/35-10)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 35-10. Inspection of facilities. Each licensee shall
11permit his or her office facilities, canine training
12facilities, and registered employee files to be audited or
13inspected at reasonable times and in a reasonable manner upon
14at least 24 hours notice by the Department.
15(Source: P.A. 95-613, eff. 9-11-07.)
 
16    (225 ILCS 447/35-20)
17    (Section scheduled to be repealed on January 1, 2014)
18    Sec. 35-20. Renewal provisions. (a) As a condition of
19renewal of a license, each licensee shall report to the
20Department information pertaining to the licensee's business
21location, status as active or inactive, proof of continued
22general liability insurance coverage, and any other data as
23determined by rule to be reasonably related to the
24administration of this Act. Licensees shall report this

 

 

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1information as a condition of renewal, except that a change in
2home or office address or a change of the licensee-in-charge
3shall be reported within 10 days of when it occurs.
4    (b) Upon renewal, every licensee shall report to the
5Department every instance during the licensure period in which
6the quality of his or her professional services in the State of
7Illinois was the subject of legal action that resulted in a
8settlement or a verdict in excess of $10,000.
9(Source: P.A. 93-438, eff. 8-5-03.)
 
10    (225 ILCS 447/35-30)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 35-30. Employee requirements. All employees of a
13licensed agency, other than those exempted, shall apply for a
14permanent employee registration card. The holder of an agency
15license issued under this Act, known in this Section as
16"employer", may employ in the conduct of his or her business
17employees under the following provisions:
18    (a) No person shall be issued a permanent employee
19registration card who:
20        (1) Is younger than 18 years of age.
21        (2) Is younger than 21 years of age if the services
22    will include being armed.
23        (3) Has been determined by the Department to be unfit
24    by reason of conviction of an offense in this or another
25    state, including registration as a sex offender, but not

 

 

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1    including , other than a traffic offense. Persons convicted
2    of felonies involving bodily harm, weapons, violence, or
3    theft within the previous 10 years shall be presumed to be
4    unfit for registration. The Department shall adopt rules
5    for making those determinations that shall afford the
6    applicant due process of law.
7        (4) Has had a license or permanent employee
8    registration card denied, suspended, or revoked under this
9    Act (i) within one year before the date the person's
10    application for permanent employee registration card is
11    received by the Department; and (ii) that refusal, denial,
12    suspension, or revocation was based on any provision of
13    this Act other than Section 40-50, item (6) or (8) of
14    subsection (a) of Section 15-10, subsection (b) of Section
15    15-10, item (6) or (8) of subsection (a) of Section 20-10,
16    subsection (b) of Section 20-10, item (6) or (8) of
17    subsection (a) of Section 25-10, subsection (b) of Section
18    25-10, item (7) of subsection (a) of Section 30-10,
19    subsection (b) of Section 30-10, or Section 10-40.
20        (5) Has been declared incompetent by any court of
21    competent jurisdiction by reason of mental disease or
22    defect and has not been restored.
23        (6) Has been dishonorably discharged from the armed
24    services of the United States.
25    (b) No person may be employed by a private detective
26agency, private security contractor agency, private alarm

 

 

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1contractor agency, fingerprint vendor agency, or locksmith
2agency under this Section until he or she has executed and
3furnished to the employer, on forms furnished by the
4Department, a verified statement to be known as "Employee's
5Statement" setting forth:
6        (1) The person's full name, age, and residence address.
7        (2) The business or occupation engaged in for the 5
8    years immediately before the date of the execution of the
9    statement, the place where the business or occupation was
10    engaged in, and the names of employers, if any.
11        (3) That the person has not had a license or employee
12    registration denied, revoked, or suspended under this Act
13    (i) within one year before the date the person's
14    application for permanent employee registration card is
15    received by the Department; and (ii) that refusal, denial,
16    suspension, or revocation was based on any provision of
17    this Act other than Section 40-50, item (6) or (8) of
18    subsection (a) of Section 15-10, subsection (b) of Section
19    15-10, item (6) or (8) of subsection (a) of Section 20-10,
20    subsection (b) of Section 20-10, item (6) or (8) of
21    subsection (a) of Section 25-10, subsection (b) of Section
22    25-10, item (7) of subsection (a) of Section 30-10,
23    subsection (b) of Section 30-10, or Section 10-40.
24        (4) Any conviction of a felony or misdemeanor.
25        (5) Any declaration of incompetence by a court of
26    competent jurisdiction that has not been restored.

 

 

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1        (6) Any dishonorable discharge from the armed services
2    of the United States.
3        (7) Any other information as may be required by any
4    rule of the Department to show the good character,
5    competency, and integrity of the person executing the
6    statement.
7    (c) Each applicant for a permanent employee registration
8card shall have his or her fingerprints submitted to the
9Department of State Police in an electronic format that
10complies with the form and manner for requesting and furnishing
11criminal history record information as prescribed by the
12Department of State Police. These fingerprints shall be checked
13against the Department of State Police and Federal Bureau of
14Investigation criminal history record databases now and
15hereafter filed. The Department of State Police shall charge
16applicants a fee for conducting the criminal history records
17check, which shall be deposited in the State Police Services
18Fund and shall not exceed the actual cost of the records check.
19The Department of State Police shall furnish, pursuant to
20positive identification, records of Illinois convictions to
21the Department. The Department may require applicants to pay a
22separate fingerprinting fee, either to the Department or
23directly to the vendor. The Department, in its discretion, may
24allow an applicant who does not have reasonable access to a
25designated vendor to provide his or her fingerprints in an
26alternative manner. The Department, in its discretion, may also

 

 

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1use other procedures in performing or obtaining criminal
2background checks of applicants. Instead of submitting his or
3her fingerprints, an individual may submit proof that is
4satisfactory to the Department that an equivalent security
5clearance has been conducted. Also, an individual who has
6retired as a peace officer within 12 months of application may
7submit verification, on forms provided by the Department and
8signed by his or her employer, of his or her previous full-time
9employment as a peace officer.
10    (d) The Department shall issue a permanent employee
11registration card, in a form the Department prescribes, to all
12qualified applicants. The holder of a permanent employee
13registration card shall carry the card at all times while
14actually engaged in the performance of the duties of his or her
15employment. Expiration and requirements for renewal of
16permanent employee registration cards shall be established by
17rule of the Department. Possession of a permanent employee
18registration card does not in any way imply that the holder of
19the card is employed by an agency unless the permanent employee
20registration card is accompanied by the employee
21identification card required by subsection (f) of this Section.
22    (e) Each employer shall maintain a record of each employee
23that is accessible to the duly authorized representatives of
24the Department. The record shall contain the following
25information:
26        (1) A photograph taken within 10 days of the date that

 

 

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1    the employee begins employment with the employer. The
2    photograph shall be replaced with a current photograph
3    every 3 calendar years.
4        (2) The Employee's Statement specified in subsection
5    (b) of this Section.
6        (3) All correspondence or documents relating to the
7    character and integrity of the employee received by the
8    employer from any official source or law enforcement
9    agency.
10        (4) In the case of former employees, the employee
11    identification card of that person issued under subsection
12    (f) of this Section. Each employee record shall duly note
13    if the employee is employed in an armed capacity. Armed
14    employee files shall contain a copy of an active firearm
15    owner's identification card and a copy of an active firearm
16    control card. Each employer shall maintain a record for
17    each armed employee of each instance in which the
18    employee's weapon was discharged during the course of his
19    or her professional duties or activities. The record shall
20    be maintained on forms provided by the Department, a copy
21    of which must be filed with the Department within 15 days
22    of an instance. The record shall include the date and time
23    of the occurrence, the circumstances involved in the
24    occurrence, and any other information as the Department may
25    require. Failure to provide this information to the
26    Department or failure to maintain the record as a part of

 

 

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1    each armed employee's permanent file is grounds for
2    disciplinary action. The Department, upon receipt of a
3    report, shall have the authority to make any investigation
4    it considers appropriate into any occurrence in which an
5    employee's weapon was discharged and to take disciplinary
6    action as may be appropriate.
7        (5) A copy of the employee's permanent employee
8    registration card or a copy of the Department's "License
9    Lookup" Webpage showing that the employee has been issued a
10    valid permanent employee registration card by the
11    Department.
12    (5) The Department may, by rule, prescribe further record
13requirements.
14    (f) Every employer shall furnish an employee
15identification card to each of his or her employees. This
16employee identification card shall contain a recent photograph
17of the employee, the employee's name, the name and agency
18license number of the employer, the employee's personal
19description, the signature of the employer, the signature of
20that employee, the date of issuance, and an employee
21identification card number.
22    (g) No employer may issue an employee identification card
23to any person who is not employed by the employer in accordance
24with this Section or falsely state or represent that a person
25is or has been in his or her employ. It is unlawful for an
26applicant for registered employment to file with the Department

 

 

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1the fingerprints of a person other than himself or herself.
2    (h) Every employer shall obtain the identification card of
3every employee who terminates employment with him or her.
4    (i) Every employer shall maintain a separate roster of the
5names of all employees currently working in an armed capacity
6and submit the roster to the Department on request.
7    (j) No agency may employ any person to perform a licensed
8activity under this Act unless the person possesses a valid
9permanent employee registration card or a valid license under
10this Act, or is exempt pursuant to subsection (n).
11    (k) Notwithstanding the provisions of subsection (j), an
12agency may employ a person in a temporary capacity if all of
13the following conditions are met:
14        (1) The agency completes in its entirety and submits to
15    the Department an application for a permanent employee
16    registration card, including the required fingerprint
17    receipt and fees.
18        (2) The agency has verification from the Department
19    that the applicant has no record of any criminal conviction
20    pursuant to the criminal history check conducted by the
21    Department of State Police. The agency shall maintain the
22    verification of the results of the Department of State
23    Police criminal history check as part of the employee
24    record as required under subsection (e) of this Section.
25        (3) The agency exercises due diligence to ensure that
26    the person is qualified under the requirements of the Act

 

 

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1    to be issued a permanent employee registration card.
2        (4) The agency maintains a separate roster of the names
3    of all employees whose applications are currently pending
4    with the Department and submits the roster to the
5    Department on a monthly basis. Rosters are to be maintained
6    by the agency for a period of at least 24 months.
7    An agency may employ only a permanent employee applicant
8for which it either submitted a permanent employee application
9and all required forms and fees or it confirms with the
10Department that a permanent employee application and all
11required forms and fees have been submitted by another agency,
12licensee or the permanent employee and all other requirements
13of this Section are met.
14    The Department shall have the authority to revoke, without
15a hearing, the temporary authority of an individual to work
16upon receipt of Federal Bureau of Investigation fingerprint
17data or a report of another official authority indicating a
18criminal conviction. If the Department has not received a
19temporary employee's Federal Bureau of Investigation
20fingerprint data within 120 days of the date the Department
21received the Department of State Police fingerprint data, the
22Department may, at its discretion, revoke the employee's
23temporary authority to work with 15 days written notice to the
24individual and the employing agency.
25    An agency may not employ a person in a temporary capacity
26if it knows or reasonably should have known that the person has

 

 

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1been convicted of a crime under the laws of this State, has
2been convicted in another state of any crime that is a crime
3under the laws of this State, has been convicted of any crime
4in a federal court, or has been posted as an unapproved
5applicant by the Department. Notice by the Department to the
6agency, via certified mail, personal delivery, electronic
7mail, or posting on the Department's Internet site accessible
8to the agency that the person has been convicted of a crime
9shall be deemed constructive knowledge of the conviction on the
10part of the agency. The Department may adopt rules to implement
11this subsection (k).
12    (l) No person may be employed under this Section in any
13capacity if:
14        (1) the person, while so employed, is being paid by the
15    United States or any political subdivision for the time so
16    employed in addition to any payments he or she may receive
17    from the employer; or
18        (2) the person wears any portion of his or her official
19    uniform, emblem of authority, or equipment while so
20    employed.
21    (m) If information is discovered affecting the
22registration of a person whose fingerprints were submitted
23under this Section, the Department shall so notify the agency
24that submitted the fingerprints on behalf of that person.
25    (n) Peace officers shall be exempt from the requirements of
26this Section relating to permanent employee registration

 

 

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1cards. The agency shall remain responsible for any peace
2officer employed under this exemption, regardless of whether
3the peace officer is compensated as an employee or as an
4independent contractor and as further defined by rule.
5    (o) Persons who have no access to confidential or security
6information, who do not go to a client's or prospective
7client's residence or place of business, and who otherwise do
8not provide traditional security services are exempt from
9employee registration. Examples of exempt employees include,
10but are not limited to, employees working in the capacity of
11ushers, directors, ticket takers, cashiers, drivers, and
12reception personnel. Confidential or security information is
13that which pertains to employee files, scheduling, client
14contracts, or technical security and alarm data.
15(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
1696-847, eff. 6-1-10.)
 
17    (225 ILCS 447/35-32)
18    (Section scheduled to be repealed on January 1, 2014)
19    Sec. 35-32. Employment requirement.
20    (a) The holder of a permanent employee registration card is
21prohibited from performing the activities of a fingerprint
22vendor, locksmith, private alarm contractor, private
23detective, or private security contractor without being
24employed by an agency licensed under this Act.
25    (b) An agency licensed under this Act is prohibited from

 

 

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1evading or attempting to evade the requirements for employee
2registration under this Act by engaging a contractor or
3independent contractor to perform the activities of a
4fingerprint vendor, locksmith, private alarm contractor,
5private detective, or private security contractor, unless that
6person is licensed under this Act.
7(Source: P.A. 96-1445, eff. 8-20-10.)
 
8    (225 ILCS 447/35-35)
9    (Section scheduled to be repealed on January 1, 2014)
10    Sec. 35-35. Requirement of a firearm control card.
11    (a) No person shall perform duties that include the use,
12carrying, or possession of a firearm in the performance of
13those duties without complying with the provisions of this
14Section and having been issued a valid firearm control card by
15the Department.
16    (b) No employer shall employ any person to perform the
17duties for which licensure or employee registration is required
18and allow that person to carry a firearm unless that person has
19complied with all the firearm training requirements of this
20Section and has been issued a firearm control card. This Act
21permits only the following to carry firearms while actually
22engaged in the performance of their duties or while commuting
23directly to or from their places of employment: persons
24licensed as private detectives and their registered employees;
25persons licensed as private security contractors and their

 

 

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1registered employees; persons licensed as private alarm
2contractors and their registered employees; and employees of a
3registered armed proprietary security force.
4    (c) Possession of a valid firearm control card allows a
5licensee or an employee to carry a firearm not otherwise
6prohibited by law while the licensee or employee is engaged in
7the performance of his or her duties or while the licensee or
8employee is commuting directly to or from the licensee's or
9employee's place or places of employment, provided that this is
10accomplished within one hour from departure from home or place
11of employment.
12    (d) The Department shall issue a firearm control card to a
13person who has passed an approved firearm training course, who
14is currently licensed or employed by an agency licensed by this
15Act and has met all the requirements of this Act, and who
16possesses a valid firearm owner identification card.
17Application for the firearm control card shall be made by the
18employer to the Department on forms provided by the Department.
19The Department shall forward the card to the employer who shall
20be responsible for its issuance to the licensee or employee.
21The firearm control card shall be issued by the Department and
22shall identify the person holding it and the name of the course
23where the licensee or employee received firearm instruction and
24shall specify the type of weapon or weapons the person is
25authorized by the Department to carry and for which the person
26has been trained.

 

 

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1    (e) Expiration and requirements for renewal of firearm
2control cards shall be determined by rule.
3    (f) The Department may, in addition to any other
4disciplinary action permitted by this Act, refuse to issue,
5suspend, or revoke a firearm control card if the applicant or
6holder has been convicted of any felony or crime involving the
7illegal use, carrying, or possession of a deadly weapon or for
8a violation of this Act or rules promulgated under this Act.
9The Department shall refuse to issue or shall revoke a firearm
10control card if the applicant or holder fails to possess a
11valid firearm owners identification card without hearing. The
12Secretary Director shall summarily suspend a firearm control
13card if the Secretary Director finds that its continued use
14would constitute an imminent danger to the public. A hearing
15shall be held before the Board within 30 days if the Secretary
16Director summarily suspends a firearm control card.
17    (g) Notwithstanding any other provision of this Act to the
18contrary, all requirements relating to firearms control cards
19do not apply to a peace officer.
20    (h) The Department may issue a temporary firearm control
21card pending issuance of a new firearm control card upon an
22agency's acquiring of an established armed account. An agency
23that has acquired armed employees as a result of acquiring an
24established armed account may, on forms supplied by the
25Department, request the issuance of a temporary firearm control
26card for each acquired employee who held a valid firearm

 

 

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1control card under his or her employment with the newly
2acquired established armed account immediately preceding the
3acquiring of the account and who continues to meet all of the
4qualifications for issuance of a firearm control card set forth
5in this Act and any rules adopted under this Act. The
6Department shall, by rule, set the fee for issuance of a
7temporary firearm control card.
8    (i) The Department shall may not issue a firearm control
9card to a licensed fingerprint vendor or a licensed locksmith
10or employees of a licensed fingerprint vendor agency or a
11licensed locksmith agency.
12(Source: P.A. 95-613, eff. 9-11-07.)
 
13    (225 ILCS 447/35-40)
14    (Section scheduled to be repealed on January 1, 2014)
15    Sec. 35-40. Firearm control; training requirements.
16    (a) The Department shall, pursuant to rule, approve or
17disapprove training programs for the firearm training course,
18which shall be taught by a qualified instructor. Qualifications
19for instructors shall be set by rule. The firearm training
20course shall be conducted by entities, by a licensee, or by an
21agency licensed by this Act, provided the course is approved by
22the Department. The firearm course shall consist of the
23following minimum requirements:
24        (1) 40 hours of training, 20 hours of which shall be as
25    described in Sections 15-20, 20-20, or 25-20, as

 

 

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1    applicable, and 20 hours of which shall include all of the
2    following:
3            (A) Instruction in the dangers of and misuse of
4        firearms, their storage, safety rules, and care and
5        cleaning of firearms.
6            (B) Practice firing on a range with live
7        ammunition.
8            (C) Instruction in the legal use of firearms.
9            (D) A presentation of the ethical and moral
10        considerations necessary for any person who possesses
11        a firearm.
12            (E) A review of the laws regarding arrest, search,
13        and seizure.
14            (F) Liability for acts that may be performed in the
15        course of employment.
16        (2) An examination shall be given at the completion of
17    the course. The examination shall consist of a firearms
18    qualification course and a written examination. Successful
19    completion shall be determined by the Department.
20    (b) The firearm training requirement may be waived for a
21licensee or an employee who has completed training provided by
22the Illinois Law Enforcement Training Standards Board or the
23equivalent public body of another state or is a qualified
24retired law enforcement officer as defined in the federal Law
25Enforcement Officers Safety Act of 2004 and is in compliance
26with all of the requirements of that Act, provided

 

 

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1documentation showing requalification with the weapon on the
2firing range is submitted to the Department.
3(Source: P.A. 95-613, eff. 9-11-07.)
 
4    (225 ILCS 447/35-45)
5    (Section scheduled to be repealed on January 1, 2014)
6    Sec. 35-45. Armed proprietary security force.
7    (a) All financial institutions that employ one or more
8armed employees and all commercial or industrial operations
9that employ 5 or more persons as armed employees shall register
10their security forces with the Department on forms provided by
11the Department. For the purposes of this Section, "financial
12institution" includes a bank, savings and loan association,
13credit union, currency exchange, or company providing armored
14car services.
15    (a-1) Commercial or industrial operations that employ less
16than 5 persons as armed employees may register their security
17forces with the Department on forms provided by the Department.
18Registration subjects the security force to all of the
19requirements of this Section.
20    (b) All armed employees of the registered proprietary
21security force must complete a 20-hour basic training course
22and 20-hour firearm training.
23    (c) Every proprietary security force is required to apply
24to the Department, on forms supplied by the Department, for a
25firearm control card for each armed employee. Each armed

 

 

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1employee shall have his or her fingerprints submitted to the
2Department of State Police in an electronic format that
3complies with the form and manner for requesting and furnishing
4criminal history record information as prescribed by the
5Department of State Police. These fingerprints shall be checked
6against the Department of State Police and Federal Bureau of
7Investigation criminal history record databases. The
8Department of State Police shall charge the armed employee a
9fee for conducting the criminal history records check, which
10shall be deposited in the State Police Services Fund and shall
11not exceed the actual cost of the records check. The Department
12of State Police shall furnish, pursuant to positive
13identification, records of Illinois convictions to the
14Department. The Department may require armed employees to pay a
15separate fingerprinting fee, either to the Department or
16directly to the vendor. The Department, in its discretion, may
17allow an armed employee who does not have reasonable access to
18a designated vendor to provide his or her fingerprints in an
19alternative manner. The Department, in its discretion, may also
20use other procedures in performing or obtaining criminal
21background checks of armed employees. Instead of submitting his
22or her fingerprints, an individual may submit proof that is
23satisfactory to the Department that an equivalent security
24clearance has been conducted. Also, an individual who has
25retired as a peace officer within 12 months before application
26may submit verification, on forms provided by the Department

 

 

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1and signed by his or her employer, of his or her previous
2full-time employment as a peace officer.
3    (d) The Department may provide rules for the administration
4of this Section.
5(Source: P.A. 95-613, eff. 9-11-07.)
 
6    (225 ILCS 447/40-5)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 40-5. Injunctive relief.
9    (a) The practice of a private detective, private security
10contractor, private alarm contractor, fingerprint vendor,
11locksmith, private detective agency, private security
12contractor agency, private alarm contractor agency,
13fingerprint vendor agency, or locksmith agency by any person,
14firm, corporation, or other legal entity that has not been
15issued a license by the Department or whose license has been
16suspended, revoked, or not renewed is hereby declared to be
17inimical to the public safety and welfare and to constitute a
18public nuisance. The Secretary may, in the name of the People
19of the State of Illinois Director, through the Attorney General
20of the State of Illinois or , the State's Attorney of any county
21in which the violation is alleged to have occurred in the State
22of Illinois, petition for an order enjoining the violation or
23for an order enforcing compliance with this Act , any resident
24of the State, or any legal entity within the State may apply
25for injunctive relief in any court to enjoin any person, firm,

 

 

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1or other entity that has not been issued a license or whose
2license has been suspended, revoked, or not renewed from
3conducting a licensed activity. Upon the filing of a verified
4petition in court, if satisfied by affidavit or otherwise that
5the person, firm, corporation, or other legal entity is or has
6been conducting activities in violation of this Act, the court
7may enter a temporary restraining order or preliminary
8injunction, without bond, enjoining the defendant from further
9activity. A copy of the verified complaint shall be served upon
10the defendant and the proceedings shall be conducted as in
11civil cases. If it is established the defendant has been or is
12conducting activities in violation of this Act, the court may
13enter a judgment enjoining the defendant from that activity. In
14case of violation of any injunctive order or judgment entered
15under this Section, the court may punish the offender for
16contempt of court. Injunctive proceedings shall be in addition
17to all other penalties under this Act.
18    (b) If any person practices as a private detective, private
19security contractor, private alarm contractor, fingerprint
20vendor, locksmith, private detective agency, private security
21contractor agency, private alarm contractor agency,
22fingerprint vendor agency, or locksmith agency or holds himself
23or herself out as such without having a valid license under
24this Act, then any licensee, any interested party, or any
25person injured thereby may, in addition to the Secretary,
26petition for relief as provided in subsection (a) of this

 

 

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1Section.
2(Source: P.A. 95-613, eff. 9-11-07.)
 
3    (225 ILCS 447/40-10)
4    (Section scheduled to be repealed on January 1, 2014)
5    Sec. 40-10. Disciplinary sanctions.
6    (a) The Department may deny issuance, refuse to renew, or
7restore or may reprimand, place on probation, suspend, revoke,
8or take other disciplinary or non-disciplinary action against
9any license, registration, permanent employee registration
10card, canine handler authorization card, canine trainer
11authorization card, or firearm control card, and may impose a
12fine not to exceed $10,000 for each violation, and may assess
13costs as provided for under Section 45-60, for any of the
14following:
15        (1) Fraud, or deception, or misrepresentation in
16    obtaining or renewing of a license or registration.
17        (2) Professional incompetence as manifested by poor
18    standards of service.
19        (3) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public.
22        (4) Conviction by of or entry of a plea of guilty or
23    nolo contendere, finding of guilt, jury verdict, or entry
24    of judgment or by sentencing of any crime including, but
25    not limited to, convictions, preceding sentences of

 

 

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1    supervision, conditional discharge, or first offender
2    probation, under the laws of any jurisdiction of the United
3    States that is (i) or an admission of guilt in Illinois,
4    another state, or other jurisdiction of any crime that is a
5    felony under the laws of Illinois; a felony in a federal
6    court; or (ii) a misdemeanor, an essential element of which
7    is dishonesty, or that is ; or directly related to the
8    practice of the profession professional practice.
9        (5) Performing any services in a grossly negligent
10    manner or permitting any of a licensee's employees to
11    perform services in a grossly negligent manner, regardless
12    of whether actual damage to the public is established.
13        (6) Continued practice, although the person has become
14    unfit to practice due to any of the following:
15            (A) Physical illness, mental illness, or other
16        impairment, including, but not limited to,
17        deterioration through the aging process or loss of
18        motor skills that results in the inability to serve the
19        public with reasonable judgment, skill, or safety.
20            (B) (Blank). Mental disability demonstrated by the
21        entry of an order or judgment by a court that a person
22        is in need of mental treatment or is incompetent.
23            (C) Habitual or excessive use or abuse of drugs
24        defined in law as controlled substances, alcohol, or
25        any other substance that results in the inability to
26        practice with reasonable judgment, skill, or safety.

 

 

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1        Addiction to or dependency on alcohol or drugs that is
2        likely to endanger the public. If the Department has
3        reasonable cause to believe that a person is addicted
4        to or dependent on alcohol or drugs that may endanger
5        the public, the Department may require the person to
6        undergo an examination to determine the extent of the
7        addiction or dependency.
8        (7) Receiving, directly or indirectly, compensation
9    for any services not rendered.
10        (8) Willfully deceiving or defrauding the public on a
11    material matter.
12        (9) Failing to account for or remit any moneys or
13    documents coming into the licensee's possession that
14    belong to another person or entity.
15        (10) Discipline by another United States jurisdiction,
16    or foreign nation, or governmental agency, if at least one
17    of the grounds for the discipline is the same or
18    substantially equivalent to those set forth in this Act.
19        (11) Giving differential treatment to a person that is
20    to that person's detriment because of race, color, creed,
21    sex, religion, or national origin.
22        (12) Engaging in false or misleading advertising.
23        (13) Aiding, assisting, or willingly permitting
24    another person to violate this Act or rules promulgated
25    under it.
26        (14) Performing and charging for services without

 

 

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1    authorization to do so from the person or entity serviced.
2        (15) Directly or indirectly offering or accepting any
3    benefit to or from any employee, agent, or fiduciary
4    without the consent of the latter's employer or principal
5    with intent to or the understanding that this action will
6    influence his or her conduct in relation to his or her
7    employer's or principal's affairs.
8        (16) Violation of any disciplinary order imposed on a
9    licensee by the Department.
10        (17) Performing any act or practice that is a violation
11    of this Act or the rules for the administration of this
12    Act, or having a conviction or administrative finding of
13    guilty as a result of violating any federal or State laws,
14    rules, or regulations that apply exclusively to the
15    practices of private detectives, private alarm
16    contractors, private security contractors, fingerprint
17    vendors, or locksmiths.
18        (18) Conducting an agency without a valid license.
19        (19) Revealing confidential information, except as
20    required by law, including but not limited to information
21    available under Section 2-123 of the Illinois Vehicle Code.
22        (20) Failing to make available to the Department, upon
23    request, any books, records, or forms required by this Act.
24        (21) Failing, within 30 days, to respond to a written
25    request for information from the Department.
26        (22) Failing to provide employment information or

 

 

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1    experience information required by the Department
2    regarding an applicant for licensure.
3        (23) Failing to make available to the Department at the
4    time of the request any indicia of licensure or
5    registration issued under this Act.
6        (24) Purporting to be a licensee-in-charge of an agency
7    without active participation in the agency.
8        (25) A finding by the Department that the licensee,
9    after having his or her license placed on probationary
10    status, has violated the terms of probation.
11        (26) Violating subsection (f) of Section 30-30.
12        (27) A firearm control card holder having more firearms
13    in his or her immediate possession than he or she can
14    reasonably exercise control over.
15        (28) Failure to report in writing to the Department,
16    within 60 days of an entry of a settlement or a verdict in
17    excess of $10,000, any legal action in which the quality of
18    the licensee's or registrant's professional services was
19    the subject of the legal action.
20    (b) All fines imposed under this Section shall be paid
21within 60 days after the effective date of the order imposing
22the fine. The Department shall seek to be consistent in the
23application of disciplinary sanctions.
24    (c) The Department shall adopt rules that set forth
25standards of service for the following: (i) acceptable error
26rate in the transmission of fingerprint images and other data

 

 

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1to the Department of State Police; (ii) acceptable error rate
2in the collection and documentation of information used to
3generate fingerprint work orders; and (iii) any other standard
4of service that affects fingerprinting services as determined
5by the Department.
6    The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission, as
8provided in the Mental Health and Developmental Disabilities
9Code, operates as an automatic suspension. The suspension will
10end only upon a finding by a court that the patient is no
11longer subject to involuntary admission or judicial admission
12and the issuance of an order so finding and discharging the
13patient.
14(Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)
 
15    (225 ILCS 447/40-25)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 40-25. Submission to physical or mental examination.
18    (a) The Department or Board upon a showing of a possible
19violation may compel an individual licensed to practice under
20this Act, or who has applied for licensure under this Act, to
21submit to a mental or physical examination, or both, which may
22include a substance abuse or sexual offender evaluation, as
23required by and at the expense of the Department. The
24Department or Board shall specifically designate the examining
25physician licensed to practice medicine in all of its branches

 

 

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1or, if applicable, the multidisciplinary team involved in
2providing the mental or physical examination, evaluation, or
3both. The multidisciplinary team shall be led by a physician
4licensed to practice medicine in all of its branches and may
5consist of one or more or a combination of physicians licensed
6to practice medicine in all of its branches, licensed
7chiropractic physicians, licensed clinical psychologists,
8licensed clinical social workers, licensed clinical
9professional counselors, and other professional and
10administrative staff. Any examining physician or member of the
11multidisciplinary team may require any person ordered to submit
12to an examination and evaluation pursuant to this Section to
13submit to any additional supplemental testing deemed necessary
14to complete any examination or evaluation process, including,
15but not limited to, blood testing, urinalysis, psychological
16testing, or neuropsychological testing. The Department or the
17Board may order the examining physician or any member of the
18multidisciplinary team to provide to the Department any and all
19records, including business records, that relate to the
20examination and evaluation, including any supplemental testing
21performed. The Department or the Board may order the examining
22physician or any member of the multidisciplinary team to
23present testimony concerning this examination and evaluation
24of the licensee or applicant, including testimony concerning
25any supplemental testing or documents relating to the
26examination and evaluation. No information, report, record, or

 

 

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1other documents in any way related to the examination and
2evaluation shall be excluded by reason of any common law or
3statutory privilege relating to communication between the
4licensee or applicant and the examining physician or any member
5of the multidisciplinary team. No authorization is necessary
6from the licensee or applicant ordered to undergo an evaluation
7and examination for the examining physician or any member of
8the multidisciplinary team to provide information, reports,
9records, or other documents or to provide any testimony
10regarding the examination and evaluation. The Department or
11Board may order the examining physician to present testimony
12concerning the mental or physical examination of the licensee
13or applicant. No information shall be excluded by reason of any
14common law or statutory privilege relating to communications
15between the licensee or applicant and the examining physician.
16The examining physicians shall be specifically designated by
17the Board or Department. The individual to be examined may
18have, at his or her own expense, another physician of his or
19her choice present during all aspects of this examination.
20Failure of an individual to submit to a mental or physical
21examination, or both, when directed, shall result in automatic
22be grounds for the immediate suspension without hearing, until
23such time as of his or her license until the individual submits
24to the examination if the Department finds that the refusal to
25submit to the examination was without reasonable cause as
26defined by rule.

 

 

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1    (b) In instances in which the Secretary immediately
2suspends a person's license for his or her failure to submit to
3a mental or physical examination when directed, a hearing on
4that person's license must be convened by the Department within
515 days after the suspension and completed without appreciable
6delay.
7    (c) In instances in which the Secretary otherwise suspends
8a person's license pursuant to the results of a compelled
9mental or physical examination, a hearing on that person's
10license must be convened by the Department within 15 days after
11the suspension and completed without appreciable delay. The
12Department and Board shall have the authority to review the
13subject individual's record of treatment and counseling
14regarding the impairment to the extent permitted by applicable
15federal statutes and regulations safeguarding the
16confidentiality of medical records.
17    (d) An individual licensed under this Act and affected
18under this Section shall be afforded an opportunity to
19demonstrate to the Department or Board that he or she can
20resume practice in compliance with acceptable and prevailing
21standards under the provisions of his or her license.
22(Source: P.A. 96-1445, eff. 8-20-10.)
 
23    (225 ILCS 447/40-30)
24    (Section scheduled to be repealed on January 1, 2014)
25    Sec. 40-30. Insufficient funds; checks. A person who

 

 

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1delivers a check or other payment to the Department that is
2returned to the Department unpaid by the financial institution
3upon which it was drawn shall pay to the Department, in
4addition to the amount already owed, a penalty of $50. The
5Department shall notify the person by first class mail that his
6or her check or payment was returned and that the person shall
7pay to the Department by certified check or money order the
8amount of the returned check plus a $50 penalty within 30
9calendar days after the date of the notification. If, after the
10expiration of 30 calendar days of the notification, the person
11has failed to remit the necessary funds and penalty, the
12Department shall automatically terminate the license or deny
13the application without a hearing. If the returned check or
14other payment was for issuance of a license under this Act and
15that person practices as a licensee, that person may be subject
16to discipline for unlicensed practice as provided in this Act.
17If, after termination or denial, the person seeks a license, he
18or she shall petition the Department for restoration and he or
19she may be subject to additional discipline or fines. The
20Secretary Director may waive the penalties or fines due under
21this Section in individual cases where the Secretary Director
22finds that the penalties or fines would be unreasonable or
23unnecessarily burdensome.
24(Source: P.A. 93-438, eff. 8-5-03.)
 
25    (225 ILCS 447/40-35)

 

 

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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 40-35. Disciplinary action for educational loan
3defaults. The Department shall deny a license or renewal
4authorized by this Act to a person who has defaulted on an
5educational loan or scholarship provided or guaranteed by the
6Illinois Student Assistance Commission or any governmental
7agency of this State in accordance with item (5) of subsection
8(a) of Section 2105-15 of the Civil Administrative Code of
9Illinois. The Department may issue a license or renewal if the
10person has established a satisfactory repayment record as
11determined by the Illinois Student Assistance Commission or
12other appropriate governmental agency of this State.
13Additionally, a license issued by the Department may be
14suspended or revoked if the Director, after the opportunity for
15a hearing under this Act, finds that the licensee has failed to
16make satisfactory repayment to the Illinois Student Assistance
17Commission for a delinquent or defaulted loan.
18(Source: P.A. 93-438, eff. 8-5-03.)
 
19    (225 ILCS 447/40-40)
20    (Section scheduled to be repealed on January 1, 2014)
21    Sec. 40-40. Nonpayment of child support. In cases where the
22Department of Healthcare and Family Services (formerly
23Department of Public Aid) or any circuit court has previously
24determined that a licensee or a potential licensee is more than
2530 days delinquent in the payment of child support and has

 

 

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1subsequently certified the delinquency to the Department, the
2Department may refuse to issue or renew or may revoke or
3suspend that person's license or may take other disciplinary
4action against that person based solely upon the certification
5of delinquency made by the Department of Healthcare and Family
6Services in accordance with item (5) of subsection (a) of
7Section 2105-15 of the Civil Administrative Code of Illinois.
8(formerly Department of Public Aid) or a circuit court.
9Redetermination of the delinquency by the Department shall not
10be required. In cases regarding the renewal of a license, the
11Department shall not renew any license if the Department of
12Healthcare and Family Services (formerly Department of Public
13Aid) or a circuit court has certified the licensee to be more
14than 30 days delinquent in the payment of child support, unless
15the licensee has arranged for payment of past and current child
16support obligations in a manner satisfactory to the Department
17of Healthcare and Family Services (formerly Department of
18Public Aid) or circuit court. The Department may impose
19conditions, restrictions or disciplinary action upon that
20renewal in accordance with Section 40-10 of this Act.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    (225 ILCS 447/40-45)
23    (Section scheduled to be repealed on January 1, 2014)
24    Sec. 40-45. Failure to file a tax return. The Department
25may refuse to issue or may suspend, without a hearing as

 

 

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1provided for in the Civil Administrative Code of Illinois, the
2license of any person, firm, or other entity that fails to file
3a tax return, or to pay a tax, penalty, or interest shown in a
4filed return, or to pay any final assessment of a tax, penalty,
5or interest, as required by any law administered by the
6Department of Revenue until the requirements of the law are
7satisfied in accordance with subsection (g) of Section 2105-15
8of the Civil Administrative Code of Illinois or a repayment
9agreement with the Department of Revenue has been entered into.
10(Source: P.A. 93-438, eff. 8-5-03.)
 
11    (225 ILCS 447/45-10)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 45-10. Complaints; investigations; hearings
14investigated by the Department.
15    (a) The Department may shall investigate the actions of any
16applicant or of any person or persons holding or claiming to
17hold a license or registration under this Act all complaints
18concerning violations regarding licensees or unlicensed
19activity.
20    (b) The Following an investigation, the Department shall,
21before disciplining a licensee under Section 40-10 or refusing
22to issue or license, at least 30 days before the date set for
23the hearing, (i) notify the accused in writing of the charges
24made and the time and place for the hearing on the charges,
25(ii) direct him or her to file a written answer to the charges

 

 

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1under oath within 20 days after service, and (iii) inform the
2applicant or licensee that failure to answer will result in a
3default being entered against the applicant or licensee. may
4file formal charges against the licensee. The formal charges
5shall inform the licensee of the facts that are the basis of
6the charges with enough specificity to enable the licensee to
7prepare an intelligent defense.
8    (c) At the time and place fixed in the notice, the Board or
9the hearing officer appointed by the Secretary shall proceed to
10hear the charges, and the parties or their counsel shall be
11accorded ample opportunity to present any pertinent
12statements, testimony, evidence, and arguments. The Board or
13hearing officer may continue the hearing from time to time. In
14case the person, after receiving the notice, fails to file an
15answer, his or her license may, in the discretion of the
16Secretary, having first received the recommendation of the
17Board, be suspended, revoked, or placed on probationary status,
18or be subject to whatever disciplinary action the Secretary
19considers proper, including limiting the scope, nature, or
20extent of the person's practice or the imposition of a fine,
21without hearing, if the act or acts charged constitute
22sufficient grounds for that action under this Act. Each
23licensee whose conduct is the subject of a formal charge that
24seeks to impose disciplinary action against the licensee shall
25be served notice of that charge at least 30 days before the
26date of the hearing. The hearing shall be presided over by a

 

 

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1Board member or by a hearing officer authorized by the
2Department. Service shall be considered to have been given if
3the notice was personally received by the licensee or if the
4notice was mailed by certified mail, return receipt requested,
5to the licensee at the licensee's address on file with the
6Department.
7    (d) The written notice and any notice in the subsequent
8proceeding may be served by regular or certified mail to the
9licensee's address of record. The notice of formal charges
10shall consist of the following information:
11    (e) The Secretary has the authority to appoint any attorney
12licensed to practice law in the State of Illinois to serve as
13the hearing officer in any action for refusal to issue,
14restore, or renew a license or to discipline a licensee. The
15hearing officer has full authority to conduct the hearing.
16        (1) The time, place, and date of the hearing.
17        (2) That the licensee shall appear personally at the
18    hearing and may be represented by counsel.
19        (3) That the licensee may produce witnesses and
20    evidence on his or her behalf and has the right to cross-
21    examine witnesses and evidence produced against him or her.
22        (4) That the hearing could result in disciplinary
23    action.
24        (5) That rules for the conduct of hearings are
25    available from the Department.
26        (6) That a hearing officer authorized by the Department

 

 

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1    shall conduct the hearing and, following the conclusion of
2    that hearing, shall make findings of fact, conclusions of
3    law, and recommendations, separately stated, to the Board
4    as to what disciplinary action, if any, should be imposed
5    on the licensee.
6        (7) That the licensee shall file a written answer to
7    the Board under oath within 20 days after the service of
8    the notice, and that if the licensee fails to file an
9    answer default will be taken and the license or certificate
10    may be suspended, revoked, or placed on probationary
11    status, or other disciplinary action may be taken,
12    including limiting the scope, nature, or extent of
13    practice, as the Director may consider proper.
14        In case the licensee, after receiving notice, fails to
15    file an answer, that person's license or certificate may,
16    in the discretion of the Director, having received first
17    the recommendation of the Board, be suspended, revoked, or
18    placed on probationary status; or the Director may take
19    whatever disciplinary action is considered under this Act,
20    including limiting the scope, nature, or extent of the
21    person's practice, without a hearing, if the act or acts
22    charged constitute sufficient grounds for the action under
23    this Act.
24(Source: P.A. 93-438, eff. 8-5-03.)
 
25    (225 ILCS 447/45-15)

 

 

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1    (Section scheduled to be repealed on January 1, 2014)
2    Sec. 45-15. Hearing; rehearing; public record.
3    (a) The Board or the hearing officer authorized by the
4Department shall hear evidence in support of the formal charges
5and evidence produced by the licensee. At the conclusion of the
6hearing, the Board shall present to the Secretary a written
7report of its make findings of fact, conclusions of law, and
8recommendations and submit them to the Director and to all
9parties to the proceeding. The report shall contain a finding
10of whether the accused person violated this Act or failed to
11comply with the conditions required in this Act. The Board
12shall specify the nature of the violation or failure to comply
13and shall make its recommendation to the Secretary.
14    (b) At the conclusion of the hearing, a copy of the Board
15or hearing officer's report shall be served upon the applicant
16or licensee by the Department, either personally or as provided
17in this Act for the service of a notice of hearing. Within 20
18calendar days after service, the applicant or licensee may
19present to the Department a motion in writing for a rehearing,
20which shall specify the particular grounds for rehearing. The
21Department may respond to the motion for rehearing within 20
22calendar days after its service on the Department. If no motion
23for rehearing is filed, then upon the expiration of the time
24specified for filing such a motion, or upon denial of a motion
25for rehearing, the Secretary may enter an order in accordance
26with the recommendations of the Board or hearing officer. If

 

 

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1the applicant or licensee orders from the reporting service and
2pays for a transcript of the record within the time for filing
3a motion for rehearing, the 20-day period within which a motion
4may be filed shall commence upon the delivery of the transcript
5to the applicant or licensee. The Board's findings of fact,
6conclusions of law, and recommendations shall be served on the
7licensee in the same manner as was the service of the notice of
8formal charges. Within 20 days after the service, any party to
9the proceeding may present to the Director a motion, in
10writing, specifying the grounds for a rehearing or
11reconsideration of the decision or sanctions.
12    (c) If the Secretary disagrees in any regard with the
13report of the Board, the Secretary may issue an order contrary
14to the report. The finding is not admissible in evidence
15against the person in a criminal prosecution brought for the
16violation of this Act, but the hearing and findings are not a
17bar to a criminal prosecution for the violation of this Act.
18The Director, following the time allowed for filing a motion
19for rehearing or reconsideration, shall review the Board's
20findings of fact, conclusions of law and recommendations and
21any subsequently filed motions. After review of the
22information, the Director may hear oral arguments and
23thereafter shall issue an order. The report of findings of
24fact, conclusions of law and recommendations of the Board shall
25be the basis for the Department's order. If
26    (d) Whenever the Secretary is not satisfied Director finds

 

 

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1that substantial justice has been was not done, the Secretary
2Director may issue an order a rehearing by the same or another
3hearing officer in contravention of the Board's
4recommendations. The Director shall provide the Board with a
5written explanation of any deviation and shall specify the
6reasons for the action. The findings of the Board and the
7Director are not admissible as evidence against the person in a
8criminal prosecution brought for the violation of this Act.
9    (e) (d) All proceedings under this Section are matters of
10public record and shall be preserved.
11    (f) (e) Upon the suspension or revocation of a license, the
12licensee shall surrender the license to the Department and,
13upon failure to do so, the Department shall seize the same.
14(Source: P.A. 93-438, eff. 8-5-03.)
 
15    (225 ILCS 447/45-20)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 45-20. Summary Temporary suspension of a license. The
18Secretary Director may summarily temporarily suspend a license
19without a hearing, simultaneously with the initiation of the
20procedure for a hearing provided for in this Act, if the
21Secretary Director finds that the public interest, safety, or
22welfare requires such emergency action evidence indicates that
23a licensee's continuation in business would constitute an
24imminent danger to the public. If the Secretary summarily
25Director temporarily suspends a license without a hearing, a

 

 

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1hearing by the Department shall be held within 30 days after
2the suspension has occurred. The suspended licensee may seek a
3continuance of the hearing, during which time the suspension
4shall remain in effect. The proceeding shall be concluded
5without appreciable delay. If the Department does not hold a
6hearing within 30 days after the date of suspension and the
7suspended licensee did not seek a continuance, the licensee's
8license shall be automatically reinstated.
9(Source: P.A. 93-438, eff. 8-5-03.)
 
10    (225 ILCS 447/45-25)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 45-25. Disposition by consent order. At any point in
13any investigation or disciplinary proceeding provided for in
14the Act, both parties may agree to a negotiated consent order.
15Disposition may be made of any charge by consent order between
16the Department and the licensee. The Board shall be apprised of
17the consent order at its next meeting. The consent order shall
18be final upon signature of the Secretary.
19(Source: P.A. 96-1445, eff. 8-20-10.)
 
20    (225 ILCS 447/45-30)
21    (Section scheduled to be repealed on January 1, 2014)
22    Sec. 45-30. Restoration of license after disciplinary
23proceedings. At any time after the successful completion of a
24term of indefinite probation, indefinite suspension, or

 

 

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1revocation of a license, the Department may restore it to the
2licensee, unless, after an investigation and a hearing, the
3Secretary determines that restoration is not in the public
4interest. No person or entity whose license, registration, or
5authority has been revoked as authorized in this Act may apply
6for restoration of that license, registration, or authority
7until such time as provided for in the Civil Administrative
8Code of Illinois upon the written recommendation of the Board
9unless the Board determines after an investigation and a
10hearing that restoration is not in the public interest.
11(Source: P.A. 96-1445, eff. 8-20-10.)
 
12    (225 ILCS 447/45-45)
13    (Section scheduled to be repealed on January 1, 2014)
14    Sec. 45-45. Prima facie proof. An order of revocation or
15suspension or placing a license on probationary status or other
16disciplinary action as the Department may consider proper or a
17certified copy thereof, over the seal of the Department and
18purporting to be signed by the Secretary Director, is prima
19facie proof that:
20        (1) the signature is that of the Secretary Director;
21    and
22        (2) the Secretary Director is qualified to act. ; and
23        (3) the members of the Board are qualified to act.
24(Source: P.A. 93-438, eff. 8-5-03.)
 

 

 

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1    (225 ILCS 447/45-50)
2    (Section scheduled to be repealed on January 1, 2014)
3    Sec. 45-50. Unlicensed practice; fraud in obtaining a
4license.
5    (a) A person who violates any of the following provisions
6shall be guilty of a Class A misdemeanor; a person who commits
7a second or subsequent violation of these provisions is guilty
8of a Class 4 felony:
9        (1) The practice of or attempted practice of or holding
10    out as available to practice as a private detective,
11    private security contractor, private alarm contractor,
12    fingerprint vendor, or locksmith without a license.
13        (2) Operation of or attempt to operate a private
14    detective agency, private security contractor agency,
15    private alarm contractor agency, fingerprint vendor
16    agency, or locksmith agency without ever having been issued
17    a valid agency license.
18        (3) The obtaining of or the attempt to obtain any
19    license or authorization issued under this Act by
20    fraudulent misrepresentation.
21    (b) Whenever a licensee is convicted of a felony related to
22the violations set forth in this Section, the clerk of the
23court in any jurisdiction shall promptly report the conviction
24to the Department and the Department shall immediately revoke
25any license as a private detective, private security
26contractor, private alarm contractor, fingerprint vendor, or

 

 

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1locksmith held by that licensee. The individual shall not be
2eligible for licensure under this Act until at least 10 years
3have elapsed since the time of full discharge from any sentence
4imposed for a felony conviction. If any person in making any
5oath or affidavit required by this Act swears falsely, the
6person is guilty of perjury and may be punished accordingly.
7    (c) In addition to any other penalty provided by law, a
8person, licensed or unlicensed, who violates any provision of
9this Section shall pay a civil penalty to the Department in an
10amount not to exceed $10,000 for each offense, as determined by
11the Department. The civil penalty shall be imposed in
12accordance with this Act. The civil penalty shall be paid
13within 60 days after the effective date of the order imposing
14the civil penalty. The order constitutes a judgment and may be
15filed and executed in the same manner as any judgment from any
16court of record.
17(Source: P.A. 95-613, eff. 9-11-07.)
 
18    (225 ILCS 447/45-55)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 45-55. Subpoenas.
21    (a) The Department, with the approval of a member of the
22Board, may subpoena and bring before it any person to take the
23oral or written testimony or compel the production of any
24books, papers, records, or any other documents that the
25Secretary or his or her designee deems relevant or material to

 

 

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1any such investigation or hearing conducted by the Department
2with the same fees and in the same manner as prescribed in
3civil cases in the courts of this State.
4    (b) Any circuit court, upon the application of the
5applicant, licensee, or the Department, the designated hearing
6officer, or the Board, may order the attendance and testimony
7of witnesses and the production of relevant documents, files,
8records, books and papers in connection with any hearing or
9investigation. The circuit court may compel obedience to its
10order by proceedings for contempt.
11    (c) The Secretary, the hearing officer, any member of the
12Board, or a certified shorthand court reporter may administer
13oaths at any hearing the Department conducts. Notwithstanding
14any other statute or Department rule to the contrary, all
15requests for testimony, production of documents or records
16shall be in accordance with this Act.
17(Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)
 
18    (225 ILCS 447/45-60)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 45-60. Stenographers. The Department, at its expense,
21shall provide a stenographer to preserve a record of all formal
22hearing and pre-hearing proceedings if a license may be
23revoked, suspended, or placed on probationary status or other
24disciplinary action is taken. Any registrant or licensee who is
25found to have violated this Act or who fails to appear for a

 

 

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1hearing to refuse to issue, restore, or renew a license or to
2discipline a licensee may be required by the Department to pay
3for the costs of the proceeding. These costs are limited to
4costs for court reporters, transcripts, and witness attendance
5and mileage fees. The Secretary may waive payment of costs by a
6registrant or licensee in whole or in part where there is an
7undue financial hardship. The notice of hearing, the complaint,
8all other documents in the nature of pleadings and written
9motions filed in the proceedings, the transcript of testimony,
10the report of the Board, and the orders of the Department shall
11constitute the record of the proceedings. The Department shall
12furnish a transcript of the record upon payment of the costs of
13copying and transmitting the record.
14(Source: P.A. 93-438, eff. 8-5-03.)
 
15    (225 ILCS 447/50-5)
16    (Section scheduled to be repealed on January 1, 2014)
17    Sec. 50-5. Personnel; investigators. The Secretary
18Director shall employ, pursuant to the Personnel Code,
19personnel, on a full-time or part-time basis, for the
20enforcement of this Act. Each investigator shall have a minimum
21of 2 years investigative experience out of the immediately
22preceding 5 years. No investigator may hold an active license
23issued pursuant to this Act, nor may an investigator have a
24financial interest in a business licensed under this Act. This
25prohibition, however, does not apply to an investigator holding

 

 

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1stock in a business licensed under this Act, provided the
2investigator does not hold more than 5% of the stock in the
3business. Any person licensed under this Act who is employed by
4the Department shall surrender his or her license to the
5Department for the duration of that employment. The licensee
6shall be exempt from all renewal fees while employed. While
7employed by the Department, the licensee is not required to
8maintain the general liability insurance coverage required by
9this Act.
10(Source: P.A. 93-438, eff. 8-5-03.)
 
11    (225 ILCS 447/50-10)
12    (Section scheduled to be repealed on January 1, 2014)
13    Sec. 50-10. The Private Detective, Private Alarm, Private
14Security, Fingerprint Vendor, and Locksmith Board.
15    (a) The Private Detective, Private Alarm, Private
16Security, Fingerprint Vendor, and Locksmith Board shall
17consist of 13 members appointed by the Secretary Director and
18comprised of 2 licensed private detectives, 3 licensed private
19security contractors, one licensed private detective or
20licensed private security contractor who provides canine odor
21detection services, 2 licensed private alarm contractors, one
22licensed fingerprint vendor except for the initial appointment
23who shall be required to have experience in the fingerprint
24vendor industry that is acceptable to the Department, 2
25licensed locksmiths, one public member who is not licensed or

 

 

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1registered under this Act and who has no connection with a
2business licensed under this Act, and one member representing
3the employees registered under this Act. Each member shall be a
4resident of Illinois. Except for the initial appointment of a
5licensed fingerprint vendor after the effective date of this
6amendatory Act of the 95th General Assembly, each licensed
7member shall have at least 5 years experience as a licensee in
8the professional area in which the person is licensed and be in
9good standing and actively engaged in that profession. In
10making appointments, the Secretary Director shall consider the
11recommendations of the professionals and the professional
12organizations representing the licensees. The membership shall
13reasonably reflect the different geographic areas in Illinois.
14    (b) Members shall serve 4 year terms and may serve until
15their successors are appointed. No member shall serve for more
16than 2 successive terms. Appointments to fill vacancies shall
17be made in the same manner as the original appointments for the
18unexpired portion of the vacated term. Members of the Board in
19office on the effective date of this Act pursuant to the
20Private Detective, Private Alarm, Private Security, and
21Locksmith Act of 1993 shall serve for the duration of their
22terms and may be appointed for one additional term.
23    (c) A member of the Board may be removed for cause. A
24member subject to formal disciplinary proceedings shall
25disqualify himself or herself from all Board business until the
26charge is resolved. A member also shall disqualify himself or

 

 

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1herself from any matter on which the member cannot act
2objectively.
3    (d) Members shall receive compensation as set by law. Each
4member shall receive reimbursement as set by the Governor's
5Travel Control Board for expenses incurred in carrying out the
6duties as a Board member.
7    (e) A majority of Board members constitutes a quorum. A
8majority vote of the quorum is required for a decision.
9    (f) The Board shall elect a chairperson and vice
10chairperson.
11    (g) Board members are not liable for their acts, omissions,
12decisions, or other conduct in connection with their duties on
13the Board, except those determined to be willful, wanton, or
14intentional misconduct.
15    (h) The Board may recommend policies, procedures, and rules
16relevant to the administration and enforcement of this Act.
17(Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)
 
18    (225 ILCS 447/50-15)
19    (Section scheduled to be repealed on January 1, 2014)
20    Sec. 50-15. Powers and duties of the Department. Subject to
21the provisions of this Act, the Department may exercise the
22following powers and duties:
23        (1) Prescribe forms to be issued for the administration
24    and enforcement of this Act.
25        (2) Authorize examinations to ascertain the

 

 

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1    qualifications and fitness of applicants for licensing as a
2    licensed fingerprint vendor, locksmith, private alarm
3    contractor, private detective, or private security
4    contractor and pass upon the qualifications of applicants
5    for licensure.
6        (3) Examine the records of licensees or investigate any
7    other aspect of fingerprint vending, locksmithing, private
8    alarm contracting, private security contracting, or
9    practicing as a private detective that is relevant to the
10    Department's investigation or hearing.
11        (4) Conduct hearings on proceedings to refuse to issue
12    or renew licenses or to revoke, suspend, place on
13    probation, reprimand, or otherwise discipline a license
14    under this Act or take other non-disciplinary action.
15        (5) Adopt rules required for the administration of this
16    Act.
17        (6) Maintain rosters of the names and addresses of all
18    licensees and all persons whose licenses have been
19    suspended, revoked, denied renewal, or otherwise
20    disciplined within the previous calendar year. These
21    rosters shall be available upon written request and payment
22    of the required fee as established by rule.
23(Source: P.A. 96-1445, eff. 8-20-10.)
 
24    (225 ILCS 447/50-50 new)
25    Sec. 50-50. Confidentiality. All information collected by

 

 

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1the Department in the course of an examination or investigation
2of a licensee or applicant, including, but not limited to, any
3complaint against a licensee filed with the Department and
4information collected to investigate any such complaint, shall
5be maintained for the confidential use of the Department and
6shall not be disclosed. The Department shall not disclose the
7information to anyone other than law enforcement officials,
8regulatory agencies that have an appropriate regulatory
9interest as determined by the Secretary, or a party presenting
10a lawful subpoena to the Department. Information and documents
11disclosed to a federal, State, county, or local law enforcement
12agency shall not be disclosed by the agency for any purpose to
13any other agency or person. A formal complaint filed against a
14licensee by the Department or any order issued by the
15Department against a licensee or applicant shall be a public
16record, except as otherwise prohibited by law.
 
17    (225 ILCS 447/10-40 rep.)
18    Section 15. The Private Detective, Private Alarm, Private
19Security, Fingerprint Vendor, and Locksmith Act of 2004 is
20amended by repealing Section 10-40.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.24
4    5 ILCS 80/4.34 new
5    225 ILCS 447/5-10
6    225 ILCS 447/5-15
7    225 ILCS 447/10-25
8    225 ILCS 447/10-30
9    225 ILCS 447/15-5
10    225 ILCS 447/15-10
11    225 ILCS 447/15-15
12    225 ILCS 447/20-10
13    225 ILCS 447/20-15
14    225 ILCS 447/25-10
15    225 ILCS 447/25-15
16    225 ILCS 447/25-20
17    225 ILCS 447/25-30
18    225 ILCS 447/30-5
19    225 ILCS 447/30-10
20    225 ILCS 447/30-15
21    225 ILCS 447/30-30
22    225 ILCS 447/31-15
23    225 ILCS 447/35-10
24    225 ILCS 447/35-20
25    225 ILCS 447/35-30

 

 

SB1664 Engrossed- 104 -LRB098 07471 MGM 37541 b

1    225 ILCS 447/35-32
2    225 ILCS 447/35-35
3    225 ILCS 447/35-40
4    225 ILCS 447/35-45
5    225 ILCS 447/40-5
6    225 ILCS 447/40-10
7    225 ILCS 447/40-25
8    225 ILCS 447/40-30
9    225 ILCS 447/40-35
10    225 ILCS 447/40-40
11    225 ILCS 447/40-45
12    225 ILCS 447/45-10
13    225 ILCS 447/45-15
14    225 ILCS 447/45-20
15    225 ILCS 447/45-25
16    225 ILCS 447/45-30
17    225 ILCS 447/45-45
18    225 ILCS 447/45-50
19    225 ILCS 447/45-55
20    225 ILCS 447/45-60
21    225 ILCS 447/50-5
22    225 ILCS 447/50-10
23    225 ILCS 447/50-15
24    225 ILCS 447/50-50 new
25    225 ILCS 447/10-40 rep.