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91_SB0452enr
SB452 Enrolled LRB9100558ACtmA
1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Private Detective, Private Alarm, Private
6 Security, and Locksmith Act of 1993 is amended by changing
7 Sections 5, 75, 77, 80, 150, and 155 as follows:
8 (225 ILCS 446/5)
9 Sec. 5. Definitions. In this Act:
10 "Armed employee" means a licensee or a person who is
11 currently employed by an agency certified under this Act who
12 is armed while engaged in the performance of official duties
13 within the course and scope of his or her employment or
14 exclusively employed by an employer during the hours or times
15 he or she is scheduled to work for that employer, or is
16 commuting between his or her home and place of employment,
17 provided the commuting is accomplished within one hour from
18 departure from home or place of employment, and there exists
19 an employer/employee relationship, whose full or part-time
20 duties include the wearing, carrying or possessing of a
21 firearm in the performance of those duties.
22 "Board" means the Illinois Private Detective, Private
23 Alarm, Private Security, and Locksmith Board.
24 "Department" means the Illinois Department of
25 Professional Regulation.
26 "Director" means the Director of the Department of
27 Professional Regulation.
28 "Person" means a natural person.
29 "Private alarm contractor" means any person who engages
30 in a business that sells, installs, monitors, maintains,
31 alters, repairs, replaces, services, or responds to alarm
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1 systems, including fire alarm systems, at protected premises
2 or at premises to be protected on an emergency basis and not
3 as a full-time security guard; but does not include a person,
4 firm, or corporation that manufactures or sells alarm systems
5 only from its place of business and does not sell, install,
6 monitor, maintain, alter, repair, replace, service, or
7 respond to alarm systems at protected premises or premises to
8 be protected or a licensed electrical contractor who repairs
9 or services fire alarm systems on an "emergency call-in
10 basis", or who sells, installs, maintains, alters, and
11 repairs, or services fire alarm systems.
12 "Private alarm contractor agency" means any person, firm,
13 association, or corporation that engages in the private alarm
14 contractor business and employs one or more persons in
15 conducting the business.
16 "Private detective" means any person who by any means,
17 including but not limited to manual or electronic methods,
18 engages in the business of, accepts employment to furnish, or
19 agrees to make or makes investigations for fees or other
20 valuable consideration to obtain information with reference
21 to:
22 (1) Crime or wrongs done or threatened against the
23 United States or any state or territory of the United
24 States.
25 (2) The identity, habits, conduct, business
26 occupation, honesty, integrity, credibility, knowledge,
27 trustworthiness, efficiency, loyalty, activity,
28 movements, whereabouts, affiliations, associations,
29 transactions, acts, reputation, or character of any
30 person, firm, association, or corporation, by any means,
31 manually or electronically.
32 (3) The location, disposition, or recovery of lost
33 or stolen property.
34 (4) The cause, origin, or responsibility for fires,
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1 accidents, or injuries to real or personal property.
2 (5) The truth or falsity of any statement or
3 representation.
4 (6) Securing evidence to be used before any court,
5 board, officer, or investigating committee.
6 (7) Personal protection of individuals from bodily
7 harm or death (bodyguard functions).
8 (8) Service of process in criminal and civil
9 proceedings without court order.
10 "Private detective agency" means any person, firm,
11 association, or corporation that engages in the private
12 detective business and employs one or more persons in
13 conducting the business.
14 "Private security contractor" means any person who
15 engages in the business of providing a private guard,
16 watchman, patrol service, or any like service by any other
17 title or name on a contractual basis for another person,
18 firm, association, or corporation for a fee or other valuable
19 consideration and performing one or more of the following
20 functions:
21 (1) The prevention or detection of intrusion,
22 entry, theft, vandalism, abuse, fire, or trespass on
23 private or governmental property.
24 (2) The prevention, observation, or detection of
25 any unauthorized activity on private or governmental
26 property.
27 (3) The protection of patrons and persons lawfully
28 authorized to be on the premises of the person, firm,
29 association, or corporation for whom he or she
30 contractually is obligated to provide security services.
31 (4) The prevention of the misappropriation or
32 concealment of goods, money, bonds, stocks, notes,
33 valuable documents, or papers.
34 (5) The control, regulation, or direction of the
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1 flow or movement of the public, whether by vehicle or
2 otherwise, only to the extent and for the time directly
3 and specifically required to assure the protection of
4 property on property owned or controlled by the client.
5 (6) The protection of individuals from bodily harm
6 or death (bodyguard functions).
7 "Private security contractor agency" means any person,
8 firm, association, or corporation that engages in the private
9 security contractor business and that employs one or more
10 persons in conducting the business.
11 "Locksmith" means a person who has received a license
12 under this Act and who engages in the practice of
13 locksmithing as defined in this Act.
14 "Locksmith agency" means any person, firm, association,
15 or corporation that engages in the locksmith business and
16 that employs one or more persons in conducting the business.
17 "The practice of locksmithing" includes, but is not
18 limited to, the servicing, installing, originating first
19 keys, re-coding, manipulation, or bypassing of mechanical or
20 electronic locking devices at premises, vehicles, safes,
21 vaults, safe deposit boxes, or automatic teller machines.
22 "Public member" means a person who is not a licensee or a
23 relative of a licensee, or who is not an employer or an
24 employee of a licensee. The term "relative" shall be
25 determined by rules of the Department.
26 "In charge" means the individual licensee whose name and
27 license number appear on a certificate of registration for a
28 detective, private security contractor, private alarm
29 contractor, or locksmith agency is a full-time executive
30 employee or owner who assumes full responsibility for all
31 employees of the agency and for their directed actions, and
32 assumes full responsibility for maintaining all records
33 required by this Act or rule of the Department and is
34 responsible for otherwise assuring compliance with this Act.
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1 Records shall be maintained at a location in Illinois and the
2 address of the location filed with the Department and
3 accessible to Department representatives in accordance with
4 Section 115 of this Act. This does not relieve any person,
5 firm, association, or corporation licensed as an agency under
6 this Act from also assuming full responsibility for
7 compliance with this Act. It is the responsibility of the
8 licensee in charge to notify the Department, in writing
9 within 10 days, when the licensee terminates his or her in
10 charge relationship with an agency.
11 "Permanent employee registration card" means a card
12 issued by the Department to an individual who has applied to
13 the Department and has been found to be employable by an
14 agency certified under this Act.
15 "Firearm authorization card" means a card issued by the
16 Department that authorizes the holder to carry a weapon
17 during the performance of his or her duties as specified
18 under Section 180 of this Act.
19 "Burglar alarm system" means any system, including an
20 electronic access system or other electronic security system,
21 that activates an audible, visible, or remote signal that
22 requires a response and is designed for the prevention or
23 detection of intrusion, entry, theft, vandalism, or trespass.
24 "Fire alarm system" means any system that is activated by
25 any automatic or manual device in the detection of smoke,
26 heat, or fire that activates an audible, visible, or remote
27 signal that requires response.
28 "Branch office" means any business location removed from
29 the place of business for which an agency license has been
30 issued.
31 "Armed proprietary security force" means any security
32 force made up of 5 or more armed individuals employed in a
33 commercial or industrial operation; one or more armed
34 individuals employed in a financial operation as security
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1 guards for the protection of persons; or one or more armed
2 individuals employed for the protection of private property
3 related to a commercial, industrial, or financial operation.
4 "Association" means 2 or more persons joined together for
5 a business purpose.
6 "Firm" means any unincorporated business entity or
7 enterprise, including but not limited to proprietorships and
8 partnerships.
9 "Corporation" means any artificial person or legal entity
10 created by or under the authority of the laws of a state.
11 (Source: P.A. 88-363; 89-366, eff. 1-1-96.)
12 (225 ILCS 446/75)
13 Sec. 75. Qualifications for licensure and agency
14 certification.
15 (a) Private Detective. A person is qualified to receive
16 a license as a private detective if he or she meets all of
17 the following requirements:
18 (1) Is at least 21 years of age.
19 (2) Has not been convicted in any jurisdiction of
20 any felony or at least 10 years have expired from the
21 time of discharge from any sentence imposed for a felony.
22 (3) Is of good moral character. Good character is
23 a continuing requirement of licensure. Conviction of
24 crimes not listed in paragraph (2) of subsection (a) of
25 this Section may be used in determining moral character,
26 but does not operate as an absolute bar to licensure.
27 (4) Has not been declared by any court of competent
28 jurisdiction to be incompetent by reason of mental or
29 physical defect or disease unless a court has since
30 declared him or her to be competent.
31 (5) Is not suffering from habitual drunkenness or
32 from narcotic addiction or dependence.
33 (6) Has a minimum of 3 years experience out of the
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1 5 years immediately preceding his or her application
2 working full-time for a licensed private detective agency
3 as a registered private detective employee or with 3
4 years experience out of the 5 years immediately preceding
5 his or her application employed as a full-time
6 investigator for a licensed attorney or in a law
7 enforcement agency of a federal or State political
8 subdivision, which shall include a State's Attorney's
9 office or a Public Defender's office, such full-time
10 investigator experience to be approved by the Board and
11 the Department.; or An applicant who has obtained a
12 baccalaureate degree in police science or a related field
13 or a business degree from an accredited college or
14 university shall be given credit for 2 of the 3 years
15 experience required under this Section. An applicant who
16 has obtained an associate degree in police science or a
17 related field or in business from an accredited college
18 or university shall be given credit for one of the 3
19 years experience required under this Section.
20 (7) Has not been dishonorably discharged from the
21 armed services of the United States.
22 (8) Has successfully passed an examination
23 authorized by the Department. The examination shall
24 include subjects reasonably related to the activities
25 licensed so as to provide for the protection of the
26 health and safety of the public.
27 (9) Has not violated Section 15, 20, or 25 of this
28 Act, but this requirement does not operate as an absolute
29 bar to licensure.
30 It is the responsibility of the applicant to obtain
31 liability insurance in an amount and coverage type
32 appropriate as determined by rule for the applicant's
33 individual business circumstances. The applicant shall
34 provide evidence of insurance to the Department before being
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1 issued a license. This insurance requirement is a continuing
2 requirement for licensure. Failure to maintain insurance
3 shall result in cancellation of the license by the
4 Department.
5 (b) Private security contractor. A person is qualified
6 to receive a license as a private security contractor if he
7 or she meets all of the following requirements:
8 (1) Is at least 21 years of age.
9 (2) Has not been convicted in any jurisdiction of
10 any felony or at least 10 years have expired from the
11 time of discharge from any sentence imposed for a felony.
12 (3) Is of good moral character. Good moral
13 character is a continuing requirement of licensure.
14 Convictions of crimes not listed in paragraph (2) of
15 subsection (b) of this Section may be used in determining
16 moral character, but do not operate as an absolute bar to
17 licensure.
18 (4) Has not been declared by any court of competent
19 jurisdiction to be incompetent by reason of mental or
20 physical defect or disease unless a court has since
21 declared him or her to be competent.
22 (5) Is not suffering from habitual drunkenness or
23 from narcotic addiction or dependence.
24 (6) Has a minimum of 3 years experience out of the
25 5 years immediately preceding his or her application as a
26 full-time manager or administrator for a licensed private
27 security contractor agency or a manager or administrator
28 of a proprietary security force of 30 or more persons
29 registered with the Department, or with 3 years
30 experience out of the 5 years immediately preceding his
31 or her application as a full-time supervisor in a law
32 enforcement agency of a federal or State political
33 subdivision, which shall include a State's Attorney's
34 office or Public Defender's office, such full-time
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1 supervisory experience to be approved by the Board and
2 the Department.; or An applicant who has obtained a
3 baccalaureate degree in police science or a related field
4 or a business degree from an accredited college or
5 university shall be given credit for 2 of the 3 years
6 experience required under this Section. An applicant who
7 has obtained an associate degree in police science or a
8 related field or in business from an accredited college
9 or university shall be given credit for one of the 3
10 years experience required under this Section.
11 (7) Has not been dishonorably discharged from the
12 armed services of the United States.
13 (8) Has successfully passed an examination
14 authorized by the Department. The examination shall
15 include subjects reasonably related to the activities
16 licensed so as to provide for the protection of the
17 health and safety of the public.
18 (9) Has not violated Section 15, 20, or 25 of this
19 Act, but this requirement does not operate as an absolute
20 bar to licensure.
21 It is the responsibility of the applicant to obtain
22 liability insurance in amount and coverage type appropriate
23 as determined by rule for the applicant's individual business
24 circumstances. The applicant shall provide evidence of
25 insurance to the Department before being issued a license.
26 This insurance requirement is a continuing requirement for
27 licensure. Failure to maintain insurance shall result in
28 cancellation of the license by the Department.
29 (c) Private alarm contractor. A person is qualified to
30 receive a license as a private alarm contractor if he or she
31 meets all of the following requirements:
32 (1) Is at least 21 years of age.
33 (2) Has not been convicted in any jurisdiction of
34 any felony or at least 10 years have expired from the
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1 time of discharge from any sentence imposed for a felony.
2 (3) Is of good moral character. Good moral
3 character is a continuing requirement of licensure.
4 Convictions of crimes not listed in paragraph (2) of
5 subsection (c) of this Section may be used in determining
6 moral character, but do not operate as an absolute bar to
7 licensure.
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 since
11 declared him or her to be competent.
12 (5) Is not suffering from habitual drunkenness or
13 from narcotic addiction or dependence.
14 (6) Has not been dishonorably discharged from the
15 armed services of the United States.
16 (7) Has a minimum of 3 years experience out of the
17 5 years immediately preceding application as a full time
18 manager or administrator for an agency licensed as a
19 private alarm contractor agency, or for an entity that
20 designs, sells, installs, services, or monitors alarm
21 systems which in the judgment of the Board satisfies
22 standards of alarm industry competence. An individual
23 who has received a 4 year degree in electrical
24 engineering or a related field from a program approved by
25 the Board shall be given credit for 2 years of experience
26 under this item (7). An individual who has successfully
27 completed a national certification program approved by
28 the Board shall be given credit for one year of
29 experience under this item (7).
30 (8) Has successfully passed an examination
31 authorized by the Department. The examination shall
32 include subjects reasonably related to the activities
33 licensed so as to provide for the protection of the
34 health and safety of the public.
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1 (9) Has not violated Section 15, 20, or 25 of this
2 Act, but this requirement does not operate as an absolute
3 bar to licensure.
4 It is the responsibility of the applicant to obtain
5 liability insurance in an amount and coverage type
6 appropriate as determined by rule for the applicant's
7 individual business circumstances. The applicant shall
8 provide evidence of insurance to the Department before being
9 issued a license. This insurance requirement is a continuing
10 requirement for licensure. Failure to maintain insurance
11 shall result in cancellation of the license by the
12 Department.
13 Alternatively, a person is qualified to receive a license
14 as a private alarm contractor without meeting the
15 requirements of items (7), (8), and (9) of this subsection,
16 if he or she:
17 (i) applies for a license between July 1, 2000 and
18 August 31, 2000 September 1, 1998 and September 15, 1998,
19 in writing, on forms supplied by the Department;
20 (ii) provides proof to the Department that he or
21 she was engaged in the alarm contracting business on or
22 before January 1, 1984;
23 (iii) submits the photographs, fingerprints, proof
24 of insurance, and current license fee required by the
25 Department; and
26 (iv) has not violated Section 25 of this Act.
27 (d) Locksmith. A person is qualified to receive a
28 license as a locksmith if he or she meets all of the
29 following requirements:
30 (1) Is at least 18 years of age.
31 (2) Has not violated any provisions of Section 120
32 of this Act.
33 (3) Has not been convicted in any jurisdiction of
34 any felony or at least 10 years have expired from the
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1 time of discharge from any sentence imposed for a felony.
2 (4) Is of good moral character. Good moral
3 character is a continuing requirement of licensure.
4 Convictions of crimes not listed in paragraph (3) of
5 subsection (d) of this Section may be used in determining
6 moral character, but do not operate as an absolute bar to
7 licensure.
8 (5) 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 since
11 declared him or her to be competent.
12 (6) Is not suffering from habitual drunkenness or
13 from narcotic addiction or dependence.
14 (7) Has not been dishonorably discharged from the
15 armed services of the United States.
16 (8) Has passed an examination authorized by the
17 Department in the theory and practice of the profession.
18 (9) Has submitted to the Department proof of
19 insurance sufficient for the individual's business
20 circumstances. The Department, with input from the
21 Board, shall promulgate rules specifying minimum
22 insurance requirements. This insurance requirement is a
23 continuing requirement for licensure. Failure to
24 maintain insurance shall result in the cancellation of
25 the license by the Department. A locksmith employed by a
26 licensed locksmith agency or employed by a private
27 concern may provide proof that his or her actions as a
28 locksmith are covered by the insurance of his or her
29 employer.
30 (e) Private detective agency. Upon payment of the
31 required fee and proof that the applicant has a full-time
32 Illinois licensed private detective in charge, which is a
33 continuing requirement for agency certification, the
34 Department shall issue, without examination, a certificate as
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1 a private detective agency to any of the following:
2 (1) An individual who submits an application in
3 writing and who is a licensed private detective under
4 this Act.
5 (2) A firm or association that submits an
6 application in writing and all of the members of the firm
7 or association are licensed private detectives under this
8 Act.
9 (3) A duly incorporated or registered corporation
10 allowed to do business in Illinois that is authorized by
11 its articles of incorporation to engage in the business
12 of conducting a detective agency, provided at least one
13 officer or executive employee is licensed as a private
14 detective under this Act and all unlicensed officers and
15 directors of the corporation are determined by the
16 Department to be persons of good moral character.
17 No private detective may be the private detective in
18 charge for more than one agency except for an individual who,
19 on the effective date of this Act, is currently and actively
20 a licensee for more than one agency. Upon written request by
21 a representative of an agency within 10 days after the loss
22 of a licensee in charge of an agency because of the death of
23 that individual or because of an unanticipated termination of
24 the employment of that individual, the Department shall issue
25 a temporary permit allowing the continuing operation of a
26 previously licensed agency. No temporary permit shall be
27 valid for more than 90 days. An extension of an additional
28 90 days may be granted by the Department for good cause shown
29 upon written request by the representative of the agency. No
30 more than 2 extensions may be granted to any agency. No
31 temporary permit shall be issued for the loss of the
32 detective in charge because of disciplinary action by the
33 Department.
34 (f) Private alarm contractor agency. Upon receipt of
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1 the required fee and proof that the applicant has a full-time
2 Illinois licensed private alarm contractor in charge, which
3 is a continuing requirement for agency certification, the
4 Department shall issue, without examination, a certificate as
5 a private alarm contractor agency to any of the following:
6 (1) An individual who submits an application in
7 writing and who is a licensed private alarm contractor
8 under this Act.
9 (2) A firm or association that submits an
10 application in writing that all of the members of the
11 firm or association are licensed private alarm
12 contractors under this Act.
13 (3) A duly incorporated or registered corporation
14 allowed to do business in Illinois that is authorized by
15 its articles of incorporation to engage in the business
16 of conducting a private alarm contractor agency, provided
17 at least one officer or executive employee is licensed as
18 a private alarm contractor under this Act and all
19 unlicensed officers and directors of the corporation are
20 determined by the Department to be persons of good moral
21 character.
22 No private alarm contractor may be the private alarm
23 contractor in charge for more than one agency except for any
24 individual who, on the effective date of this Act, is
25 currently and actively a licensee for more than one agency.
26 Upon written request by a representative of an agency within
27 10 days after the loss of a licensed private alarm contractor
28 in charge of an agency because of the death of that
29 individual or because of the unanticipated termination of the
30 employment of that individual, the Department shall issue a
31 temporary permit allowing the continuing operation of a
32 previously licensed agency. No temporary permit shall be
33 valid for more than 90 days. An extension of an additional
34 90 days may be granted by the Department for good cause shown
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1 and upon written request by the representative of the agency.
2 No more than 2 extensions may be granted to any agency. No
3 temporary permit shall be issued for the loss of the licensee
4 in charge because of disciplinary action by the Department.
5 (g) Private security contractor agency. Upon receipt of
6 the required fee and proof that the applicant has a full-time
7 Illinois licensed private security contractor in charge,
8 which is continuing requirement for agency certification, the
9 Department shall issue, without examination, a certificate as
10 a private security contractor agency to any of the following:
11 (1) An individual who submits an application in
12 writing and who is a licensed private security contractor
13 under this Act.
14 (2) A firm or association that submits an
15 application in writing that all of the members are
16 licensed private security contractors under this Act.
17 (3) A duly incorporated or registered corporation
18 allowed to do business in Illinois that is authorized by
19 its articles of incorporation to engage in the business
20 of conducting a private security contractor agency,
21 provided at least one officer or executive employee is
22 licensed as a private security contractor under this Act
23 and all unlicensed officers and directors of the
24 corporation are determined by the Department to be
25 persons of good moral character.
26 No private security contractor may be the private
27 security contractor in charge for more than one agency except
28 for any individual who, on the effective date of this Act, is
29 currently and actively a licensee for more than one agency.
30 Upon written request by a representative of the agency within
31 10 days after the loss of a licensee in charge of an agency
32 because of the death of that individual or because of the
33 unanticipated termination of the employment of that
34 individual, the Department shall issue a temporary permit
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1 allowing the continuing operation of a previously licensed
2 agency. No temporary permit shall be valid for more than 90
3 days. An extension of an additional 90 days may be granted
4 upon written request by the representative of the agency. No
5 more than 2 extensions may be granted to any agency. No
6 temporary permit shall be issued for the loss of the licensee
7 in charge because of disciplinary action by the Department.
8 (h) Licensed locksmith agency. Upon receipt of the
9 required fee and proof that the applicant is an Illinois
10 licensed locksmith who shall assume full responsibility for
11 the operation of the agency and the directed actions of the
12 agency's employees, which is a continuing requirement for
13 agency licensure, the Department shall issue, without
14 examination, a certificate as a Locksmith Agency to any of
15 the following:
16 (1) An individual who submits an application in
17 writing and who is a licensed locksmith under this Act.
18 (2) A firm or association that submits an
19 application in writing and certifies that all of the
20 members of the firm or association are licensed
21 locksmiths under this Act.
22 (3) A duly incorporated or registered corporation
23 or limited liability company allowed to do business in
24 Illinois that is authorized by its articles of
25 incorporation or organization to engage in the business
26 of conducting a locksmith agency, provided that at least
27 one officer or executive employee of a corporation or one
28 member of a limited liability company is licensed as a
29 locksmith under this Act, and provided that person agrees
30 in writing on a form acceptable to the Department to
31 assume full responsibility for the operation of the
32 agency and the directed actions of the agency's
33 employees, and further provided that all unlicensed
34 officers and directors of the corporation or members of
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1 the limited liability company are determined by the
2 Department to be persons of good moral character.
3 An individual licensed locksmith operating under a
4 business name other than the licensed locksmith's own name
5 shall not be required to obtain a locksmith agency license if
6 that licensed locksmith does not employ any persons to engage
7 in the practice of locksmithing.
8 An applicant for licensure as a locksmith agency shall
9 submit to the Department proof of insurance sufficient for
10 the agency's business circumstances. The Department shall
11 promulgate rules specifying minimum insurance requirements.
12 This insurance requirement is a continuing requirement for
13 licensure.
14 No licensed locksmith may be the licensed locksmith
15 responsible for the operation of more than one agency except
16 for any individual who submits proof to the Department that,
17 on the effective date of this amendatory Act of 1995, he or
18 she is actively responsible for the operations of more than
19 one agency. A licensed private alarm contractor who is
20 responsible for the operation of a licensed private alarm
21 contractor agency and who is a licensed locksmith may also be
22 the licensed locksmith responsible for the operation of a
23 locksmith agency.
24 Upon written request by a representative of an agency
25 within 10 days after the loss of a responsible licensed
26 locksmith of an agency, because of the death of that
27 individual or because of the unanticipated termination of the
28 employment of that individual, the Department shall issue a
29 temporary permit allowing the continuing operation of a
30 previously licensed locksmith agency. No temporary permit
31 shall be valid for more than 90 days. An extension for an
32 additional 90 days may be granted by the Department for good
33 cause shown and upon written request by a representative of
34 the agency. No more than 2 extensions may be granted to any
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1 agency. No temporary permit shall be issued to any agency
2 due to the loss of the responsible locksmith because of
3 disciplinary action by the Department.
4 (i) Proprietary Security Force. All commercial or
5 industrial operations that employ 5 or more persons as armed
6 security guards and all financial institutions that employ
7 armed security guards shall register their security forces
8 with the Department on forms provided by the Department.
9 All armed security guard employees of the registered
10 proprietary security force shall be required to complete a
11 20-hour basic training course and 20-hour firearm training
12 course in accordance with administrative rules.
13 Each proprietary security force shall be required to
14 apply to the Department, on forms supplied by the Department,
15 for the issuance of a firearm authorization card, in
16 accordance with administrative rules, for each armed employee
17 of the security force.
18 The Department shall prescribe rules for the
19 administration of this Section.
20 (j) Any licensed agency that operates a branch office as
21 defined in this Act shall apply for a branch office license.
22 (Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98;
23 90-602, eff. 6-26-98; 91-357, eff. 7-29-99.)
24 (225 ILCS 446/77)
25 Sec. 77. Necessity for licensure of locksmith agencies;
26 grandfather provision.
27 (a) On or after January 1, 1997, no person shall
28 practice as a locksmith and no business entity shall operate
29 as a locksmith agency without first applying for and
30 obtaining a license for that purpose from the Department.
31 (b) Applications must be accompanied by the required
32 fee.
33 (c) In lieu of the examination given to other applicants
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1 for licensure, the Director may issue a license to an
2 individual who presents proof to the Director that he or she
3 was actively engaged as a locksmith or as a supervisor,
4 manager, or administrator of a locksmith business for 3 years
5 out of the 5 years immediately preceding January 1, 1996 and
6 meets all other requirements of this Act.
7 (d) The application for a license without examination
8 shall be made to the Director within 2 years after the
9 effective date of this amendatory Act of 1995.
10 (e) A person who applies for licensure under this
11 Section between September 1, 2000 September 1, 1998 and
12 December 31, 2000 September 30, 1998 shall be exempt from
13 subsection (d) of this Section and shall be issued a license
14 upon proof of meeting all other requirements for licensure
15 under this Section.
16 (Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.)
17 (225 ILCS 446/80)
18 Sec. 80. Employee requirements. All employees of a
19 licensed agency, other than those exempted, shall apply for a
20 Permanent Employee Registration Card. The holder of an
21 agency certificate issued under this Act, known in this Act
22 as "employer", may employ in the conduct of his or her
23 business employees under the following provisions:
24 (a) No person shall be issued a permanent employee
25 registration card who:
26 (1) Is under 18 years of age.
27 (2) Is under 21 years of age if the services will
28 include being armed.
29 (3) Has been determined by the Department to be
30 unfit by reason of conviction of an offense in this or
31 another state, other than a minor traffic offense. The
32 Department shall promulgate rules for procedures by which
33 those circumstances shall be determined and that afford
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1 the applicant due process of law.
2 (4) Has had a license or permanent employee
3 registration card refused, denied, suspended, or revoked
4 under this Act.
5 (5) Has been declared incompetent by any court of
6 competent jurisdiction by reason of mental disease or
7 defect and has not been restored.
8 (6) Has been dishonorably discharged from the armed
9 services of the United States.
10 (b) No person may be employed by a private detective
11 agency, private security contractor agency, or private alarm
12 contractor agency, or locksmith agency under this Section
13 until he or she has executed and furnished to the employer,
14 on forms furnished by the Department, a verified statement to
15 be known as "Employee's Statement" setting forth:
16 (1) The person's full name, age, and residence
17 address.
18 (2) The business or occupation engaged in for the 5
19 years immediately before the date of the execution of the
20 statement, the place where the business or occupation was
21 engaged in, and the names of employers, if any.
22 (3) That the person has not had a license or
23 employee registration refused, revoked, or suspended
24 under this Act.
25 (4) Any conviction of a felony or misdemeanor.
26 (5) Any declaration of incompetency by a court of
27 competent jurisdiction that has not been restored.
28 (6) Any dishonorable discharge from the armed
29 services of the United States.
30 (7) Any other information as may be required by any
31 rule of the Department to show the good character,
32 competency, and integrity of the person executing the
33 statement.
34 (c) Each applicant for a permanent employee
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1 registration card shall submit to the Department with the
2 applicable fees, on fingerprint cards furnished by the
3 Department, 2 complete sets of fingerprints that are verified
4 to be those of the applicant. If an applicant's fingerprint
5 cards are returned to the Department as unclassifiable by the
6 screening agency, the applicant has 90 days after
7 notification is sent by the Department to submit additional
8 fingerprint cards taken by a different technician to replace
9 the unclassifiable fingerprint cards.
10 The Department shall notify the submitting licensed
11 agency within 10 days if the applicant's fingerprint cards
12 are returned to the Department as unclassifiable. However,
13 instead of submitting fingerprint cards, an individual may
14 submit proof that is satisfactory to the Department that an
15 equivalent security clearance has been conducted. Also, a
16 full-time peace officer or an individual who has retired as a
17 peace officer within 12 months of application may submit
18 verification, on forms provided by the Department and signed
19 by one's employer, of his or her full-time employment as a
20 peace officer. "Peace officer" means any person who by
21 virtue of his or her office or public employment is vested by
22 law with a duty to maintain public order or to make arrests
23 for offenses, whether that duty extends to all offenses or is
24 limited to specific offenses; officers, agents, or employees
25 of the federal government commissioned by federal statute to
26 make arrests for violations of federal criminal laws are
27 considered peace officers.
28 (d) Upon receipt of the verified fingerprint cards, the
29 Department shall cause the fingerprints to be compared with
30 fingerprints of criminals now or hereafter filed with the
31 Illinois Department of State Police. The Department may also
32 cause the fingerprints to be checked against the fingerprints
33 of criminals now or hereafter filed in the records of other
34 official fingerprint files within or without this State. The
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1 Department shall issue a permanent employee registration
2 card, in a form the Department prescribes, to all qualified
3 applicants. The Department shall notify the submitting
4 licensed agency within 10 days upon the issuance of or intent
5 to deny the permanent employee registration card. The holder
6 of a permanent employee registration card shall carry the
7 card at all times while actually engaged in the performance
8 of the duties of his or her employment. Expiration and
9 requirements for renewal of permanent employee registration
10 cards shall be established by rule of the Department.
11 Possession of a permanent employee registration card does not
12 in any way imply that the holder of the card is employed by
13 an agency unless the permanent employee registration card is
14 accompanied by the employee identification card required by
15 subsection (g) of this Section.
16 (e) Within 5 days of the receipt of the application
17 materials, the Department shall institute an investigation
18 for a criminal record by checking the applicant's name with
19 immediately available criminal history information systems.
20 (f) Each employer shall maintain a record of each
21 employee that is accessible to the duly authorized
22 representatives of the Department. The record shall contain
23 the following information:
24 (1) A photograph taken within 10 days of the date
25 that the employee begins employment with the employer.
26 The photograph shall be replaced with a current
27 photograph every 3 calendar years.
28 (2) The employee's statement specified in
29 subsection (b) of this Section.
30 (3) All correspondence or documents relating to the
31 character and integrity of the employee received by the
32 employer from any official source or law enforcement
33 agency.
34 (4) In the case of former employees, the employee
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1 identification card of that person issued under
2 subsection (g) of this Section.
3 (5) Each employee record shall duly note if the employee
4 is employed in an armed capacity. Armed employee files shall
5 contain a copy of an active Firearm Owners Identification
6 Card and a copy of an active Firearm Authorization Card.
7 (6) Each employer shall maintain a record for each armed
8 employee of each instance in which the employee's weapon was
9 discharged during the course of his or her professional
10 duties or activities. The record shall be maintained on
11 forms provided by the Department, a copy of which must be
12 filed with the Department within 15 days of an instance. The
13 record shall include the date and time of the occurrence, the
14 circumstances involved in the occurrence, and any other
15 information as the Department may require. Failure to
16 provide this information to the Department or failure to
17 maintain the record as a part of each armed employee's
18 permanent file is grounds for disciplinary action. The
19 Department, upon receipt of a report, shall have the
20 authority to make any investigation it considers appropriate
21 into any occurrence in which an employee's weapon was
22 discharged and to take disciplinary action as may be
23 appropriate.
24 (7) The Department may, by rule, prescribe further record
25 requirements.
26 (g) Every employer shall furnish an employee
27 identification card to each of his or her employees. This
28 employee identification card shall contain a recent
29 photograph of the employee, the employee's name, the name and
30 agency certification number of the employer, the employee's
31 personal description, the signature of the employer, the
32 signature of that employee, the date of issuance, and an
33 employee identification card number.
34 (h) No employer may issue an employee identification
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1 card to any person who is not employed by the employer in
2 accordance with this Section or falsely state or represent
3 that a person is or has been in his or her employ. It is
4 unlawful for an applicant for registered employment to file
5 with the Department the fingerprints of a person other than
6 himself or herself, or to fail to exercise due diligence in
7 resubmitting replacement fingerprints for those employees who
8 have had original fingerprint submissions returned as
9 unclassifiable.
10 (i) Every employer shall obtain the identification card
11 of every employee who terminates employment with him or her.
12 (j) Every employer shall maintain a separate roster of
13 the names of all employees currently working in an armed
14 capacity and submit the roster to the Department on request.
15 (k) No agency may employ any person under this Act
16 unless:
17 (1) The person possesses a valid permanent employee
18 registration card or the person has a valid license under
19 this Act; or
20 (2) The agency:
21 (i) on behalf of each person completes in its
22 entirety and submits to the Department an
23 application for a permanent employee registration
24 card, including the required fingerprint card and
25 fees;
26 (ii) exercises due diligence to ensure that
27 the person is qualified under the requirements of
28 the Act to be issued a permanent employee
29 registration card; and
30 (iii) maintains a separate roster of the names
31 of all employees whose applications are currently
32 pending with the Department and submits the roster
33 to the Department on a monthly basis. Rosters are
34 to be maintained by the agency for a period of at
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1 least 24 months.
2 (l) Failure by an agency to submit the application,
3 fees, and fingerprints specified in this Section before
4 scheduling the person for work shall result in a fine, in an
5 amount up to $1,000, or other disciplinary action being
6 imposed against the agency. Failure to maintain and submit
7 the specified rosters is grounds for discipline under this
8 Act.
9 (m) No person may be employed under this Section in any
10 capacity if:
11 (i) The person while so employed is being paid by
12 the United States or any political subdivision for the
13 time so employed in addition to any payments he or she
14 may receive from the employer.
15 (ii) The person wears any portion of his or her
16 official uniform, emblem of authority, or equipment while
17 so employed except as provided in Section 30.
18 (n) If information is discovered affecting the
19 registration of a person whose fingerprints were submitted
20 under this Section, the Department shall so notify the agency
21 that submitted the fingerprints on behalf of that person.
22 (Source: P.A. 91-357, eff. 7-29-99.)
23 (225 ILCS 446/150)
24 Sec. 150. Cease and desist orders. Whenever the
25 Department has reason to believe that a person, firm,
26 association, or corporation has violated any provision of
27 Section 15 of this Act, the Department may issue a rule to
28 show cause why an order to cease and desist should not be
29 entered against that person, firm, association, or
30 corporation. The rule shall clearly set forth the grounds
31 relied upon by the Department and shall provide a period of 7
32 days from the date of the rule to file an answer to the
33 satisfaction of the Department. Failure to answer to the
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1 satisfaction of the Department shall cause an order to cease
2 and desist to be issued immediately. The Department may
3 conduct hearings and issue cease and desist orders to persons
4 who engage in activities prohibited by this Act. Any person
5 in violation of a cease and desist order entered by the
6 Department is subject to all of the remedies provided by law
7 and, in addition, is subject to a civil penalty payable to
8 the party injured by the violation.
9 (Source: P.A. 88-363.)
10 (225 ILCS 446/155)
11 Sec. 155. Penalties.
12 (a) In addition to any other penalty provided by law,
13 any person, firm, association, or corporation who violates
14 Section 15 of this Act or any other provision of this Act
15 shall forfeit and pay a civil penalty to the Department in an
16 amount not to exceed $5,000 for each offense as determined by
17 the Department. The civil penalty shall be assessed by the
18 Department in accordance with the provisions set forth in
19 Sections 130, 135, 140, 160 and 170.
20 (b) The Department has the authority and power to
21 investigate any and all unlicensed activity.
22 (c) The civil penalty shall be paid within 60 days after
23 the effective date of the order imposing the civil penalty.
24 The order shall constitute a judgment and may be filed and
25 execution had thereon in the same manner as any judgment from
26 any court of record.
27 (Source: P.A. 88-363.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.
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