Illinois General Assembly - Full Text of HB4073
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Full Text of HB4073  102nd General Assembly

HB4073sam001 102ND GENERAL ASSEMBLY

Sen. John Connor

Filed: 3/24/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4073

2    AMENDMENT NO. ______. Amend House Bill 4073 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Section 5-10 as follows:
 
7    (225 ILCS 447/5-10)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 5-10. Definitions. As used in this Act:
10    "Address of record" means the designated address recorded
11by the Department in the applicant's application file or the
12licensee's license file, as maintained by the Department's
13licensure maintenance unit.
14    "Advertisement" means any public media, including printed
15or electronic material, that is published or displayed in a
16phone book, newspaper, magazine, pamphlet, newsletter,

 

 

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1website, or other similar type of publication or electronic
2format that is intended to either attract business or merely
3provide contact information to the public for an agency or
4licensee. Advertisement shall not include a licensee's or an
5agency's letterhead, business cards, or other stationery used
6in routine business correspondence or customary name, address,
7and number type listings in a telephone directory.
8    "Alarm system" means any system, including an electronic
9access control system, a surveillance video system, a security
10video system, a burglar alarm system, a fire alarm system, or
11any other electronic system that activates an audible,
12visible, remote, or recorded signal that is designed for the
13protection or detection of intrusion, entry, theft, fire,
14vandalism, escape, or trespass, or other electronic systems
15designed for the protection of life by indicating the
16existence of an emergency situation. "Alarm system" also
17includes an emergency communication system and a mass
18notification system. "Alarm system" includes a battery-charged
19fence alarm as defined in this Section.
20    "Applicant" means a person or business applying for
21licensure, registration, or authorization under this Act. Any
22applicant or person who holds himself or herself out as an
23applicant is considered a licensee or registrant for the
24purposes of enforcement, investigation, hearings, and the
25Illinois Administrative Procedure Act.
26    "Armed employee" means a licensee or registered person who

 

 

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1is employed by an agency licensed or an armed proprietary
2security force registered under this Act who carries a weapon
3while engaged in the performance of official duties within the
4course and scope of his or her employment during the hours and
5times the employee is scheduled to work or is commuting
6between his or her home or place of employment.
7    "Armed proprietary security force" means a security force
8made up of one or more armed individuals employed by a
9commercial or industrial operation or by a financial
10institution as security officers for the protection of persons
11or property.
12    "Battery-charged fence alarm" means an alarm system and
13ancillary components or equipment attached to such a system,
14including, but not limited to, a fence that is connected to
15battery-operated energizer which is intended to periodically
16deliver voltage impulses to the fence and battery charging
17device used exclusively to charge the battery. A
18"battery-charged fence alarm":
19            (1) interfaces with a monitored alarm device in a
20        manner that enables the alarm system to transmit a
21        signal intended to summon a business or law
22        enforcement agency in response to an intrusion or
23        burglary;
24            (2) is located on property that is not designated
25        by a municipality or county for residential use;
26            (3) has an energizer that is driven by a

 

 

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1        commercial storage battery that is not more than 12
2        volts of direct current;
3            (4) produces an electric charge on contact that
4        does not exceed energizer characteristics set for
5        electric fence energizers by the International
6        Electrotechnical Commission Standard 60335.2.76,
7        Current Edition;
8            (5) is completely surrounded by a nonelectric
9        perimeter fence or wall that is not less than 5 feet in
10        height;
11            (6) is not more than the higher of:
12                (A) ten feet in height; or
13                (B) two feet higher than the height of the
14            nonelectric perimeter fence or wall; and
15            (7) is marked with conspicuous warning signs that
16        are located on the battery-charged fence at not more
17        than 40-foot intervals and that reads:
18        "WARNING—ELECTRIC FENCE".
19    "Board" means the Private Detective, Private Alarm,
20Private Security, Fingerprint Vendor, and Locksmith Board.
21    "Branch office" means a business location removed from the
22place of business for which an agency license has been issued,
23including, but not limited to, locations where active employee
24records that are required to be maintained under this Act are
25kept, where prospective new employees are processed, or where
26members of the public are invited in to transact business. A

 

 

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1branch office does not include an office or other facility
2located on the property of an existing client that is utilized
3solely for the benefit of that client and is not owned or
4leased by the agency.
5    "Canine handler" means a person who uses or handles a
6trained dog to protect persons or property or to conduct
7investigations.
8    "Canine handler authorization card" means a card issued by
9the Department that authorizes the holder to use or handle a
10trained dog to protect persons or property or to conduct
11investigations during the performance of his or her duties as
12specified in this Act.
13    "Canine trainer" means a person who acts as a dog trainer
14for the purpose of training dogs to protect persons or
15property or to conduct investigations.
16    "Canine trainer authorization card" means a card issued by
17the Department that authorizes the holder to train a dog to
18protect persons or property or to conduct investigations
19during the performance of his or her duties as specified in
20this Act.
21    "Canine training facility" means a facility operated by a
22licensed private detective agency or private security
23contractor agency wherein dogs are trained for the purposes of
24protecting persons or property or to conduct investigations.
25    "Corporation" means an artificial person or legal entity
26created by or under the authority of the laws of a state,

 

 

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1including without limitation a corporation, limited liability
2company, or any other legal entity.
3    "Department" means the Department of Financial and
4Professional Regulation.
5    "Emergency communication system" means any system that
6communicates information about emergencies, including but not
7limited to fire, terrorist activities, shootings, other
8dangerous situations, accidents, and natural disasters.
9    "Employee" means a person who works for a person or agency
10that has the right to control the details of the work performed
11and is not dependent upon whether or not federal or state
12payroll taxes are withheld.
13    "Fingerprint vendor" means a person that offers,
14advertises, or provides services to fingerprint individuals,
15through electronic or other means, for the purpose of
16providing fingerprint images and associated demographic data
17to the Illinois State Police for processing fingerprint based
18criminal history record information inquiries.
19    "Fingerprint vendor agency" means a person, firm,
20corporation, or other legal entity that engages in the
21fingerprint vendor business and employs, in addition to the
22fingerprint vendor licensee-in-charge, at least one other
23person in conducting that business.
24    "Fingerprint vendor licensee-in-charge" means a person who
25has been designated by a fingerprint vendor agency to be the
26licensee-in-charge of an agency who is a full-time management

 

 

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1employee or owner who assumes sole responsibility for
2maintaining all records required by this Act and who assumes
3sole responsibility for assuring the licensed agency's
4compliance with its responsibilities as stated in this Act.
5The Department shall adopt rules mandating licensee-in-charge
6participation in agency affairs.
7    "Fire alarm system" means any system that is activated by
8an automatic or manual device in the detection of smoke, heat,
9or fire that activates an audible, visible, or remote signal
10requiring a response.
11    "Firearm control card" means a card issued by the
12Department that authorizes the holder, who has complied with
13the training and other requirements of this Act, to carry a
14weapon during the performance of his or her duties as
15specified in this Act.
16    "Firm" means an unincorporated business entity, including
17but not limited to proprietorships and partnerships.
18    "Licensee" means a person or business licensed under this
19Act. Anyone who holds himself or herself out as a licensee or
20who is accused of unlicensed practice is considered a licensee
21for purposes of enforcement, investigation, hearings, and the
22Illinois 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
11agency, who is a full-time management employee or owner who
12assumes sole responsibility for maintaining all records
13required by this Act, and who assumes sole responsibility for
14assuring the licensed agency's compliance with its
15responsibilities as stated in this Act. The Department shall
16adopt rules mandating licensee-in-charge participation in
17agency affairs.
18    "Mass notification system" means any system that is used
19to provide information and instructions to people in a
20building or other space using voice communications, including
21visible signals, text, graphics, tactile, or other
22communication methods.
23    "Peace officer" or "police officer" means a person who, by
24virtue of office or public employment, is vested by law with a
25duty to maintain public order or to make arrests for offenses,
26whether that duty extends to all offenses or is limited to

 

 

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

 

 

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

 

 

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1    person, firm, or other entity by any means, manual or
2    electronic.
3        (3) The location, disposition, or recovery of lost or
4    stolen property.
5        (4) The cause, origin, or responsibility for fires,
6    accidents, or injuries to individuals or real or personal
7    property.
8        (5) The truth or falsity of any statement or
9    representation.
10        (6) Securing evidence to be used before any court,
11    board, or investigating body.
12        (7) The protection of individuals from bodily harm or
13    death (bodyguard functions).
14        (8) Service of process in criminal and civil
15    proceedings.
16    "Private detective agency" means a person, firm,
17corporation, or other legal entity that engages in the private
18detective business and employs, in addition to the
19licensee-in-charge, one or more persons in conducting such
20business.
21    "Private detective licensee-in-charge" means a person who
22has been designated by an agency to be the licensee-in-charge
23of an agency, who is a full-time management employee or owner
24who assumes sole responsibility for maintaining all records
25required by this Act, and who assumes sole responsibility for
26assuring the licensed agency's compliance with its

 

 

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

 

 

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1        (6) The protection of individuals from bodily harm or
2    death (bodyguard functions).
3    "Private security contractor agency" means a person, firm,
4corporation, or other legal entity that engages in the private
5security contractor business and that employs, in addition to
6the licensee-in-charge, one or more persons in conducting such
7business.
8    "Private security contractor licensee-in-charge" means a
9person who has been designated by an agency to be the
10licensee-in-charge of an agency, who is a full-time management
11employee or owner who assumes sole responsibility for
12maintaining all records required by this Act, and who assumes
13sole responsibility for assuring the licensed agency's
14compliance with its responsibilities as stated in this Act.
15The Department shall adopt rules mandating licensee-in-charge
16participation in agency affairs.
17    "Public member" means a person who is not a licensee or
18related to a licensee, or who is not an employer or employee of
19a licensee. The term "related to" shall be determined by the
20rules of the Department.
21    "Secretary" means the Secretary of the Department of
22Financial and Professional Regulation.
23(Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21;
24revised 10-26-21.)".