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90_SB0661
225 ILCS 446/75
Amends the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 to provide that a person
with experience, for 3 out of the 5 years immediately
preceding his or her application for a license as a private
detective, as an information or intelligence professional
meets the experience qualification for licensure.
LRB9003311DPpc
LRB9003311DPpc
1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 by changing
3 Section 75.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Private Detective, Private Alarm, Private
7 Security, and Locksmith Act of 1993 is amended by changing
8 Section 75 as follows:
9 (225 ILCS 446/75)
10 Sec. 75. Qualifications for licensure and agency
11 certification.
12 (a) Private Detective. A person is qualified to receive
13 a license as a private detective if he or she meets all of
14 the following requirements:
15 (1) Is at least 21 years of age.
16 (2) Has not been convicted in any jurisdiction of
17 any felony or at least 10 years have expired from the
18 time of discharge from any sentence imposed for a felony.
19 (3) Is of good moral character. Good character is
20 a continuing requirement of licensure. Conviction of
21 crimes not listed in paragraph (2) of subsection (a) of
22 this Section may be used in determining moral character,
23 but does not operate as an absolute bar to licensure.
24 (4) Has not been declared by any court of competent
25 jurisdiction to be incompetent by reason of mental or
26 physical defect or disease unless a court has since
27 declared him or her to be competent.
28 (5) Is not suffering from habitual drunkenness or
29 from narcotic addiction or dependence.
30 (6) Has a minimum of 3 years experience out of the
31 5 years immediately preceding his or her application
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1 working full-time for a licensed private detective agency
2 as a registered private detective employee, or with 3
3 years experience out of the 5 years immediately preceding
4 his or her application employed as a full-time
5 investigator in a law enforcement agency of a federal or
6 State political subdivision, or 3 years experience out of
7 the 5 years immediately preceding his or her application
8 as an information or intelligence professional, as
9 defined by rule of the Department, approved by the Board
10 and the Department; or an applicant who has obtained a
11 baccalaureate degree in police science or a related field
12 or a business degree from an accredited college or
13 university shall be given credit for 2 of the 3 years
14 experience required under this Section. An applicant who
15 has obtained an associate degree in police science or a
16 related field or in business from an accredited college
17 or university shall be given credit for one of the 3
18 years experience required under this Section.
19 (7) Has not been dishonorably discharged from the
20 armed services of the United States.
21 (8) Has successfully passed an examination
22 authorized by the Department. The examination shall
23 include subjects reasonably related to the activities
24 licensed so as to provide for the protection of the
25 health and safety of the public.
26 (9) Has not violated Section 15, 20, or 25 of this
27 Act, but this requirement does not operate as an absolute
28 bar to licensure.
29 It is the responsibility of the applicant to obtain
30 liability insurance in an amount and coverage type
31 appropriate as determined by rule for the applicant's
32 individual business circumstances. The applicant shall
33 provide evidence of insurance to the Department before being
34 issued a license. This insurance requirement is a continuing
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1 requirement for licensure. Failure to maintain insurance
2 shall result in cancellation of the license by the
3 Department.
4 (b) Private security contractor. A person is qualified
5 to receive a license as a private security contractor if he
6 or she meets all of the following requirements:
7 (1) Is at least 21 years of age.
8 (2) Has not been convicted in any jurisdiction of
9 any felony or at least 10 years have expired from the
10 time of discharge from any sentence imposed for a felony.
11 (3) Is of good moral character. Good moral
12 character is a continuing requirement of licensure.
13 Convictions of crimes not listed in paragraph (2) of
14 subsection (b) of this Section may be used in determining
15 moral character, but do not operate as an absolute bar to
16 licensure.
17 (4) Has not been declared by any court of competent
18 jurisdiction to be incompetent by reason of mental or
19 physical defect or disease unless a court has since
20 declared him or her to be competent.
21 (5) Is not suffering from habitual drunkenness or
22 from narcotic addiction or dependence.
23 (6) Has a minimum of 3 years experience out of the
24 5 years immediately preceding his or her application as a
25 full-time manager or administrator for a licensed private
26 security contractor agency or a manager or administrator
27 of a proprietary security force of 30 or more persons
28 registered with the Department, or with 3 years
29 experience out of the 5 years immediately preceding his
30 or her application as a full-time supervisor in a law
31 enforcement agency of a federal or State political
32 subdivision, approved by the Board and the Department; or
33 an applicant who has obtained a baccalaureate degree in
34 police science or a related field or a business degree
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1 from an accredited college or university shall be given
2 credit for 2 of the 3 years experience required under
3 this Section. An applicant who has obtained an associate
4 degree in police science or a related field or in
5 business from an accredited college or university shall
6 be given credit for one of the 3 years experience
7 required under this Section.
8 (7) Has not been dishonorably discharged from the
9 armed services of the United States.
10 (8) Has successfully passed an examination
11 authorized by the Department. The examination shall
12 include subjects reasonably related to the activities
13 licensed so as to provide for the protection of the
14 health and safety of the public.
15 (9) Has not violated Section 15, 20, or 25 of this
16 Act, but this requirement does not operate as an absolute
17 bar to licensure.
18 (10) It is the responsibility of the applicant to
19 obtain liability insurance in amount and coverage type
20 appropriate as determined by rule for the applicant's
21 individual business circumstances. The applicant shall
22 provide evidence of insurance to the Department before
23 being issued a license. This insurance requirement is a
24 continuing requirement for licensure. Failure to
25 maintain insurance shall result in cancellation of the
26 license by the Department.
27 (c) Private alarm contractor. A person is qualified to
28 receive a license as a private alarm contractor if he or she
29 meets all of the following requirements:
30 (1) Is at least 21 years of age.
31 (2) Has not been convicted in any jurisdiction of
32 any felony or at least 10 years have expired from the
33 time of discharge from any sentence imposed for a felony.
34 (3) Is of good moral character. Good moral
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1 character is a continuing requirement of licensure.
2 Convictions of crimes not listed in paragraph (2) of
3 subsection (c) of this Section may be used in determining
4 moral character, but do not operate as an absolute bar to
5 licensure.
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 since
9 declared him or her to be competent.
10 (5) Is not suffering from habitual drunkenness or
11 from narcotic addiction or dependence.
12 (6) Has not been dishonorably discharged from the
13 armed services of the United States.
14 (7) Has a minimum of 3 years experience out of the
15 5 years immediately preceding application as a full time
16 manager or administrator for an agency licensed as a
17 private alarm contractor agency, or for an entity that
18 designs, sells, installs, services, or monitors alarm
19 systems which in the judgment of the Board satisfies
20 standards of alarm industry competence. An individual who
21 has received a 4 year degree in electrical engineering or
22 a related field from a program approved by the Board
23 shall be given credit for 2 years of experience under
24 this item (7). An individual who has successfully
25 completed a national certification program approved by
26 the Board shall be given credit for one year of
27 experience under this item (7).
28 (8) Has successfully passed an examination
29 authorized by the Department. The examination shall
30 include subjects reasonably related to the activities
31 licensed so as to provide for the protection of the
32 health and safety of the public.
33 (9) Has not violated Section 15, 20, or 25 of this
34 Act, but this requirement does not operate as an absolute
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1 bar to licensure.
2 (10) It is the responsibility of the applicant to
3 obtain liability insurance in an amount and coverage type
4 appropriate as determined by rule for the applicant's
5 individual business circumstances. The applicant shall
6 provide evidence of insurance to the Department before
7 being issued a license. This insurance requirement is a
8 continuing requirement for licensure. Failure to
9 maintain insurance shall result in cancellation of the
10 license by the Department.
11 (d) Locksmith. A person is qualified to receive a
12 license as a locksmith if he or she meets all of the
13 following requirements:
14 (1) Is at least 18 years of age.
15 (2) Has not violated any provisions of Section 120
16 of this Act.
17 (3) Has not been convicted in any jurisdiction of
18 any felony or at least 10 years have expired from the
19 time of discharge from any sentence imposed for a felony.
20 (4) Is of good moral character. Good moral
21 character is a continuing requirement of licensure.
22 Convictions of crimes not listed in paragraph (3) of
23 subsection (d) of this Section may be used in determining
24 moral character, but do not operate as an absolute bar to
25 licensure.
26 (5) Has not been declared by any court of competent
27 jurisdiction to be incompetent by reason of mental or
28 physical defect or disease unless a court has since
29 declared him or her to be competent.
30 (6) Is not suffering from habitual drunkenness or
31 from narcotic addiction or dependence.
32 (7) Has not been dishonorably discharged from the
33 armed services of the United States.
34 (8) Has passed an examination authorized by the
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1 Department in the theory and practice of the profession.
2 (9) Has submitted to the Department proof of
3 insurance sufficient for the individual's business
4 circumstances. The Department, with input from the
5 Board, shall promulgate rules specifying minimum
6 insurance requirements. This insurance requirement is a
7 continuing requirement for licensure. Failure to
8 maintain insurance shall result in the cancellation of
9 the license by the Department. A locksmith employed by a
10 licensed locksmith agency or employed by a private
11 concern may provide proof that his or her actions as a
12 locksmith are covered by the insurance of his or her
13 employer.
14 (e) Private detective agency. Upon payment of the
15 required fee and proof that the applicant has a full-time
16 Illinois licensed private detective in charge, which is a
17 continuing requirement for agency certification, the
18 Department shall issue, without examination, a certificate as
19 a private detective agency to any of the following:
20 (1) An individual who submits an application in
21 writing and who is a licensed private detective under
22 this Act.
23 (2) A firm or association that submits an
24 application in writing and all of the members of the firm
25 or association are licensed private detectives under this
26 Act.
27 (3) A duly incorporated or registered corporation
28 allowed to do business in Illinois that is authorized by
29 its articles of incorporation to engage in the business
30 of conducting a detective agency, provided at least one
31 officer or executive employee is licensed as a private
32 detective under this Act and all unlicensed officers and
33 directors of the corporation are determined by the
34 Department to be persons of good moral character.
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1 No private detective may be the private detective in
2 charge for more than one agency except for an individual who,
3 on the effective date of this Act, is currently and actively
4 a licensee for more than one agency. Upon written request by
5 a representative of an agency within 10 days after the loss
6 of a licensee in charge of an agency because of the death of
7 that individual or because of an unanticipated termination of
8 the employment of that individual, the Department shall issue
9 a temporary permit allowing the continuing operation of a
10 previously licensed agency. No temporary permit shall be
11 valid for more than 90 days. An extension of an additional
12 90 days may be granted by the Department for good cause shown
13 upon written request by the representative of the agency. No
14 more than 2 extensions may be granted to any agency. No
15 temporary permit shall be issued for the loss of the
16 detective in charge because of disciplinary action by the
17 Department.
18 (f) Private alarm contractor agency. Upon receipt of
19 the required fee and proof that the applicant has a full-time
20 Illinois licensed private alarm contractor in charge, which
21 is a continuing requirement for agency certification, the
22 Department shall issue, without examination, a certificate as
23 a private alarm contractor agency to any of the following:
24 (1) An individual who submits an application in
25 writing and who is a licensed private alarm contractor
26 under this Act.
27 (2) A firm or association that submits an
28 application in writing that all of the members of the
29 firm or association are licensed private alarm
30 contractors under this Act.
31 (3) A duly incorporated or registered corporation
32 allowed to do business in Illinois that is authorized by
33 its articles of incorporation to engage in the business
34 of conducting a private alarm contractor agency, provided
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1 at least one officer or executive employee is licensed as
2 a private alarm contractor under this Act and all
3 unlicensed officers and directors of the corporation are
4 determined by the Department to be persons of good moral
5 character.
6 No private alarm contractor may be the private alarm
7 contractor in charge for more than one agency except for any
8 individual who, on the effective date of this Act, is
9 currently and actively a licensee for more than one agency.
10 Upon written request by a representative of an agency within
11 10 days after the loss of a licensed private alarm contractor
12 in charge of an agency because of the death of that
13 individual or because of the unanticipated termination of the
14 employment of that individual, the Department shall issue a
15 temporary permit allowing the continuing operation of a
16 previously licensed agency. No temporary permit shall be
17 valid for more than 90 days. An extension of an additional
18 90 days may be granted by the Department for good cause shown
19 and upon written request by the representative of the agency.
20 No more than 2 extensions may be granted to any agency. No
21 temporary permit shall be issued for the loss of the licensee
22 in charge because of disciplinary action by the Department.
23 (g) Private security contractor agency. Upon receipt of
24 the required fee and proof that the applicant has a full-time
25 Illinois licensed private security contractor in charge,
26 which is continuing requirement for agency certification, the
27 Department shall issue, without examination, a certificate as
28 a private security contractor agency to any of the following:
29 (1) An individual who submits an application in
30 writing and who is a licensed private security contractor
31 under this Act.
32 (2) A firm or association that submits an
33 application in writing that all of the members are
34 licensed private security contractors under this Act.
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1 (3) A duly incorporated or registered corporation
2 allowed to do business in Illinois that is authorized by
3 its articles of incorporation to engage in the business
4 of conducting a private security contractor agency,
5 provided at least one officer or executive employee is
6 licensed as a private security contractor under this Act
7 and all unlicensed officers and directors of the
8 corporation are determined by the Department to be
9 persons of good moral character.
10 No private security contractor may be the private
11 security contractor in charge for more than one agency except
12 for any individual who, on the effective date of this Act, is
13 currently and actively a licensee for more than one agency.
14 Upon written request by a representative of the agency within
15 10 days after the loss of a licensee in charge of an agency
16 because of the death of that individual or because of the
17 unanticipated termination of the employment of that
18 individual, the Department shall issue a temporary permit
19 allowing the continuing operation of a previously licensed
20 agency. No temporary permit shall be valid for more than 90
21 days. An extension of an additional 90 days may be granted
22 upon written request by the representative of the agency. No
23 more than 2 extensions may be granted to any agency. No
24 temporary permit shall be issued for the loss of the licensee
25 in charge because of disciplinary action by the Department.
26 (h) Licensed locksmith agency. Upon receipt of the
27 required fee and proof that the applicant is an Illinois
28 licensed locksmith who shall assume full responsibility for
29 the operation of the agency and the directed actions of the
30 agency's employees, which is a continuing requirement for
31 agency licensure, the Department shall issue, without
32 examination, a certificate as a Locksmith Agency to any of
33 the following:
34 (1) An individual who submits an application in
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1 writing and who is a licensed locksmith under this Act.
2 (2) A firm or association that submits an
3 application in writing and certifies that all of the
4 members of the firm or association are licensed
5 locksmiths under this Act.
6 (3) A duly incorporated or registered corporation
7 or limited liability company allowed to do business in
8 Illinois that is authorized by its articles of
9 incorporation or organization to engage in the business
10 of conducting a locksmith agency, provided that at least
11 one officer or executive employee of a corporation or one
12 member of a limited liability company is licensed as a
13 locksmith under this Act, and provided that person agrees
14 in writing on a form acceptable to the Department to
15 assume full responsibility for the operation of the
16 agency and the directed actions of the agency's
17 employees, and further provided that all unlicensed
18 officers and directors of the corporation or members of
19 the limited liability company are determined by the
20 Department to be persons of good moral character.
21 An applicant for licensure as a locksmith agency shall
22 submit to the Department proof of insurance sufficient for
23 the agency's business circumstances. The Department shall
24 promulgate rules specifying minimum insurance requirements.
25 This insurance requirement is a continuing requirement for
26 licensure.
27 No licensed locksmith may be the licensed locksmith
28 responsible for the operation of more than one agency except
29 for any individual who submits proof to the Department that,
30 on the effective date of this amendatory Act of 1995, he or
31 she is actively responsible for the operations of more than
32 one agency. A licensed private alarm contractor who is
33 responsible for the operation of a licensed private alarm
34 contractor agency and who is a licensed locksmith may also be
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1 the licensed locksmith responsible for the operation of a
2 locksmith agency.
3 Upon written request by a representative of an agency
4 within 10 days after the loss of a responsible licensed
5 locksmith of an agency, because of the death of that
6 individual or because of the unanticipated termination of the
7 employment of that individual, the Department shall issue a
8 temporary permit allowing the continuing operation of a
9 previously licensed locksmith agency. No temporary permit
10 shall be valid for more than 90 days. An extension for an
11 additional 90 days may be granted by the Department for good
12 cause shown and upon written request by a representative of
13 the agency. No more than 2 extensions may be granted to any
14 agency. No temporary permit shall be issued to any agency
15 due to the loss of the responsible locksmith because of
16 disciplinary action by the Department.
17 (i) Any licensed agency that operates a branch office as
18 defined in this Act shall apply for a branch office license.
19 (Source: P.A. 88-363; 89-85, eff. 1-1-96; 89-366, eff.
20 1-1-96; 89-626, eff. 8-9-96.)