100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3730

 

Introduced , by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 447/10-5
225 ILCS 447/10-25

    Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Removes a provision allowing an individual or sole proprietor that does not employ anyone other than himself from operating under a "doing business as" or assumed name certification without having to obtain an agency license if the assumed name is registered with the Department of Financial and Professional Regulation. Provides that the Department shall issue an identification card to a licensee, except an agency licensee, that includes a photograph of the licensee. Requires the licensee to carry the card at all times while actually engaged in his or her profession.


LRB100 10516 SMS 20732 b

 

 

A BILL FOR

 

HB3730LRB100 10516 SMS 20732 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 Private Detective, Private Alarm, Private
5Security, Fingerprint Vendor, and Locksmith Act of 2004 is
6amended by changing Sections 10-5 and 10-25 as follows:
 
7    (225 ILCS 447/10-5)
8    (Section scheduled to be repealed on January 1, 2024)
9    Sec. 10-5. Requirement of license.
10    (a) It is unlawful for a person to act as or provide the
11functions of a private detective, private security contractor,
12private alarm contractor, fingerprint vendor, or locksmith or
13to advertise or to assume to act as any one of these, or to use
14these or any other title implying that the person is engaged in
15any of these activities unless licensed as such by the
16Department. An individual or sole proprietor who does not
17employ any employees other than himself or herself may operate
18under a "doing business as" or assumed name certification
19without having to obtain an agency license, so long as the
20assumed name is first registered with the Department.
21    (b) It is unlawful for a person, firm, corporation, or
22other legal entity to act as an agency licensed under this Act,
23to advertise, or to assume to act as a licensed agency or to

 

 

HB3730- 2 -LRB100 10516 SMS 20732 b

1use a title implying that the person, firm, or other entity is
2engaged in the practice as a private detective agency, private
3security contractor agency, private alarm contractor agency,
4fingerprint vendor agency, or locksmith agency unless licensed
5by the Department.
6    (c) No agency shall operate a branch office without first
7applying for and receiving a branch office license for each
8location.
9    (d) Beginning 12 months after the adoption of rules
10providing for the licensure of fingerprint vendors under this
11Act, it is unlawful for a person to operate live scan
12fingerprint equipment or other equipment designed to obtain
13fingerprint images for the purpose of providing fingerprint
14images and associated demographic data to the Department of
15State Police, unless he or she has successfully completed a
16fingerprint training course conducted or authorized by the
17Department of State Police and is licensed as a fingerprint
18vendor.
19    (e) Beginning 12 months after the adoption of rules
20providing for the licensure of canine handlers and canine
21trainers under this Act, no person shall operate a canine
22training facility unless licensed as a private detective agency
23or private security contractor agency under this Act, and no
24person shall act as a canine trainer unless he or she is
25licensed as a private detective or private security contractor
26or is a registered employee of a private detective agency or

 

 

HB3730- 3 -LRB100 10516 SMS 20732 b

1private security contractor agency approved by the Department.
2(Source: P.A. 95-613, eff. 9-11-07.)
 
3    (225 ILCS 447/10-25)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 10-25. Issuance of license; renewal; fees.
6    (a) The Department shall, upon the applicant's
7satisfactory completion of the requirements set forth in this
8Act and upon receipt of the fee, issue the license indicating
9the name and business location of the licensee and the date of
10expiration. The Department shall issue an identification card
11to a licensee, except for an agency licensee, in a form the
12Department prescribes, that includes a photograph of the
13licensee. The licensee shall carry the card at all times while
14actually engaged in his or her profession.
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 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 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 years and
11shall, subject to the rules of the Department, be excused from
12payment of renewal fees until the license holder notifies the
13Department, 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 years may be restored upon payment of the
17restoration fee and all lapsed renewal fees. A license that has
18lapsed for more than 3 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. 98-253, eff. 8-9-13.)