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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Private Detective, Private Alarm, Private | ||||||
5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
6 | amended by changing Sections 5-10, 30-15, 30-25, 40-10, 40-25, | ||||||
7 | 45-25, 45-30, 45-40, 45-55, 50-10, 50-15, and 50-30 and by | ||||||
8 | adding Sections 10-37, 30-30, 30-35, 35-32, and 50-45 as | ||||||
9 | follows:
| ||||||
10 | (225 ILCS 447/5-10)
| ||||||
11 | (Text of Section before amendment by P.A. 96-847 )
| ||||||
12 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
13 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
14 | "Address of record" means the designated address recorded | ||||||
15 | by the Department in the applicant's application file or the | ||||||
16 | licensee's license file, as maintained by the Department's | ||||||
17 | licensure maintenance unit. | ||||||
18 | "Advertisement" means any printed material that is | ||||||
19 | published in a phone book,
newspaper, magazine, pamphlet, | ||||||
20 | newsletter, or other similar type of publication
that is
| ||||||
21 | intended to either attract business or merely provide contact | ||||||
22 | information to
the public for
an agency or licensee. | ||||||
23 | Advertisement shall include any material disseminated by
|
| |||||||
| |||||||
1 | printed or electronic means or media, but shall not include a | ||||||
2 | licensee's or an
agency's
letterhead, business cards, or other | ||||||
3 | stationery used in routine business
correspondence or
| ||||||
4 | customary name, address, and number type listings in a | ||||||
5 | telephone directory.
| ||||||
6 | "Alarm system" means any system, including an electronic | ||||||
7 | access control
system, a
surveillance video system, a security | ||||||
8 | video system, a burglar alarm system, a
fire alarm
system, or | ||||||
9 | any other electronic system, that activates an audible, | ||||||
10 | visible,
remote, or
recorded signal that is designed for the | ||||||
11 | protection or detection of intrusion,
entry, theft,
fire, | ||||||
12 | vandalism, escape, or trespass.
| ||||||
13 | "Applicant" means a person applying for licensure under | ||||||
14 | this Act as a fingerprint vendor, fingerprint vendor agency, | ||||||
15 | locksmith, locksmith agency, private alarm contractor, private | ||||||
16 | alarm contractor agency, private detective, private detective | ||||||
17 | agency, private security contractor, or private security | ||||||
18 | contractor agency. Any applicant or person who holds himself or | ||||||
19 | herself out as an applicant is considered a licensee for | ||||||
20 | purposes of enforcement, investigation, hearings, and the | ||||||
21 | Illinois Administrative Procedure Act. | ||||||
22 | "Armed employee" means a licensee or registered person who | ||||||
23 | is employed by an
agency licensed or an armed proprietary | ||||||
24 | security force registered under this
Act who carries a weapon | ||||||
25 | while engaged in the
performance
of official duties within the | ||||||
26 | course and scope of his or her employment during
the hours
and |
| |||||||
| |||||||
1 | times the employee is scheduled to work or is commuting between | ||||||
2 | his or her
home or
place of employment, provided that commuting | ||||||
3 | is accomplished within one hour
from
departure from home or | ||||||
4 | place of employment.
| ||||||
5 | "Armed proprietary security force" means a security force | ||||||
6 | made up of 5 or
more
armed individuals employed by a private, | ||||||
7 | commercial, or industrial operation or
one or
more armed | ||||||
8 | individuals employed by a financial institution as security | ||||||
9 | officers
for the
protection of persons or property.
| ||||||
10 | "Board" means the Private Detective, Private Alarm, | ||||||
11 | Private Security, Fingerprint Vendor, and
Locksmith Board.
| ||||||
12 | "Branch office" means a business location removed from the | ||||||
13 | place of business
for which an agency license has been issued, | ||||||
14 | including, but not limited to,
locations where active employee | ||||||
15 | records that are required to be maintained
under this Act are | ||||||
16 | kept, where prospective new
employees
are processed, or where | ||||||
17 | members of the public are invited in to transact
business. A
| ||||||
18 | branch office does not include an office or other facility | ||||||
19 | located on the
property of an
existing client that is utilized | ||||||
20 | solely for the benefit of that client and is
not owned or
| ||||||
21 | leased by the agency.
| ||||||
22 | "Canine handler" means a person who uses or handles a | ||||||
23 | trained dog
to protect persons or property or
to conduct | ||||||
24 | investigations. | ||||||
25 | "Canine handler authorization card" means a card issued by | ||||||
26 | the Department that authorizes
the holder to use or handle a |
| |||||||
| |||||||
1 | trained dog to protect persons or property or to conduct
| ||||||
2 | investigations during the performance of his or her duties as | ||||||
3 | specified in this Act. | ||||||
4 | "Canine trainer" means a person who acts as a dog trainer | ||||||
5 | for the purpose of training dogs to protect
persons or property | ||||||
6 | or to conduct investigations. | ||||||
7 | "Canine trainer authorization card" means a card issued by | ||||||
8 | the Department that authorizes the
holder to train a dog to | ||||||
9 | protect persons or property or to conduct investigations during | ||||||
10 | the
performance of his or her duties as specified in this Act. | ||||||
11 | "Canine training facility" means a facility operated by a | ||||||
12 | licensed private detective agency or private
security agency | ||||||
13 | wherein dogs are trained for the purposes of protecting persons | ||||||
14 | or property or to
conduct investigations.
| ||||||
15 | "Corporation" means an artificial person or legal entity | ||||||
16 | created by or under
the
authority of the laws of a state, | ||||||
17 | including without limitation a corporation,
limited liability | ||||||
18 | company, or any other legal entity.
| ||||||
19 | "Department" means the Department of Financial and
| ||||||
20 | Professional Regulation.
| ||||||
21 | "Employee" means a person who works for a person or agency | ||||||
22 | that has the
right to
control the details of the work performed | ||||||
23 | and is not dependent upon whether or
not
federal or state | ||||||
24 | payroll taxes are withheld.
| ||||||
25 | "Fingerprint vendor" means a person that offers, | ||||||
26 | advertises, or provides services to fingerprint individuals, |
| |||||||
| |||||||
1 | through electronic or other means, for the purpose of providing | ||||||
2 | fingerprint images and associated demographic data to the | ||||||
3 | Department of State Police for processing fingerprint based | ||||||
4 | criminal history record information inquiries. | ||||||
5 | "Fingerprint vendor agency" means a person, firm, | ||||||
6 | corporation, or other legal entity that engages in the | ||||||
7 | fingerprint vendor business and employs, in addition to the | ||||||
8 | fingerprint vendor licensee-in-charge, at least one other | ||||||
9 | person in conducting that business. | ||||||
10 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
11 | has been designated by a fingerprint vendor agency to be the | ||||||
12 | licensee-in-charge of an agency who is a full-time management | ||||||
13 | employee or owner who assumes sole responsibility for | ||||||
14 | maintaining all records required by this Act and who assumes | ||||||
15 | sole responsibility for assuring the licensed agency's | ||||||
16 | compliance with its responsibilities as stated in this Act. The | ||||||
17 | Department shall adopt rules mandating licensee-in-charge | ||||||
18 | participation in agency affairs.
| ||||||
19 | "Fire alarm system" means any system that is activated by | ||||||
20 | an automatic or
manual device in the detection of smoke, heat, | ||||||
21 | or fire that activates an
audible, visible, or
remote signal | ||||||
22 | requiring a response.
| ||||||
23 | "Firearm control card" means a card issued by the | ||||||
24 | Department that
authorizes
the holder, who has complied with | ||||||
25 | the training and other requirements of this Act, to carry a | ||||||
26 | weapon during the performance of his or her duties as
specified |
| |||||||
| |||||||
1 | in
this Act.
| ||||||
2 | "Firm" means an unincorporated business entity, including | ||||||
3 | but not limited to
proprietorships and partnerships.
| ||||||
4 | "Licensee" means a person licensed under this Act as a | ||||||
5 | fingerprint vendor, fingerprint vendor agency, locksmith, | ||||||
6 | locksmith agency, private alarm contractor, private alarm | ||||||
7 | contractor agency, private detective, private detective | ||||||
8 | agency, private security contractor, or private security | ||||||
9 | contractor agency. Anyone who holds himself or herself out as a | ||||||
10 | licensee or who is accused of unlicensed practice is considered | ||||||
11 | a licensee for purposes of enforcement, investigation, | ||||||
12 | hearings, and the Illinois Administrative Procedure Act. | ||||||
13 | "Locksmith" means
a person who engages in a business or | ||||||
14 | holds himself out to the public as
providing a service that | ||||||
15 | includes, but is not limited to, the servicing,
installing, | ||||||
16 | originating first keys, re-coding, repairing, maintaining,
| ||||||
17 | manipulating, or bypassing of a mechanical or electronic | ||||||
18 | locking device, access
control or video surveillance system at | ||||||
19 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
20 | automatic teller machines.
| ||||||
21 | "Locksmith agency" means a person, firm, corporation, or | ||||||
22 | other legal entity
that engages
in the
locksmith business and | ||||||
23 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
24 | least
one other person in conducting such business.
| ||||||
25 | "Locksmith licensee-in-charge" means a person who has been | ||||||
26 | designated by
agency to be the licensee-in-charge of an agency,
|
| |||||||
| |||||||
1 | who is a
full-time management employee or owner who assumes | ||||||
2 | sole responsibility
for
maintaining all records required by | ||||||
3 | this Act, and who assumes sole
responsibility for
assuring the | ||||||
4 | licensed agency's compliance with its responsibilities as | ||||||
5 | stated
in this Act. The Department shall adopt rules mandating | ||||||
6 | licensee-in-charge
participation in agency affairs.
| ||||||
7 | "Peace officer" or "police officer" means a person who, by | ||||||
8 | virtue of office
or
public
employment, is vested by law with a | ||||||
9 | duty to maintain public order or to make
arrests for
offenses, | ||||||
10 | whether that duty extends to all offenses or is limited to | ||||||
11 | specific
offenses.
Officers, agents, or employees of the | ||||||
12 | federal government commissioned by
federal
statute
to make | ||||||
13 | arrests for violations of federal laws are considered peace | ||||||
14 | officers.
| ||||||
15 | "Permanent employee registration card" means a card issued | ||||||
16 | by the Department
to an
individual who has applied to the | ||||||
17 | Department and meets the requirements for
employment by a | ||||||
18 | licensed agency under this Act.
| ||||||
19 | "Person" means a natural person.
| ||||||
20 | "Private alarm contractor" means a person who engages in a | ||||||
21 | business that
individually or through others undertakes, | ||||||
22 | offers to undertake, purports to
have the
capacity to | ||||||
23 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
24 | maintain,
alter, repair,
replace, or service alarm and other | ||||||
25 | security-related systems or parts thereof,
including fire
| ||||||
26 | alarm systems, at protected premises or premises to be |
| |||||||
| |||||||
1 | protected or responds to
alarm
systems at a protected premises | ||||||
2 | on an emergency basis and not as a full-time
security officer. | ||||||
3 | "Private alarm contractor" does not include a person, firm,
or
| ||||||
4 | corporation that
manufactures or sells alarm systems
only from | ||||||
5 | its place of business and does not sell, install, monitor, | ||||||
6 | maintain,
alter, repair, replace, service, or respond to alarm | ||||||
7 | systems at protected
premises or premises to be protected.
| ||||||
8 | "Private alarm contractor agency" means a person, | ||||||
9 | corporation, or other
entity
that
engages in the private alarm | ||||||
10 | contracting business and employs, in addition to
the private
| ||||||
11 | alarm contractor-in-charge, at least one other person in | ||||||
12 | conducting such
business.
| ||||||
13 | "Private alarm contractor licensee-in-charge" means a | ||||||
14 | person who has been
designated by an
agency to be the | ||||||
15 | licensee-in-charge of an agency, who is a full-time management
| ||||||
16 | employee or owner who
assumes sole
responsibility for | ||||||
17 | maintaining all records required by this Act, and who
assumes
| ||||||
18 | sole
responsibility for assuring the licensed agency's | ||||||
19 | compliance with its
responsibilities as
stated in this Act.
The | ||||||
20 | Department shall adopt rules mandating licensee-in-charge | ||||||
21 | participation in
agency affairs.
| ||||||
22 | "Private detective" means any person who by any means, | ||||||
23 | including, but not
limited to, manual, canine odor detection,
| ||||||
24 | or electronic methods, engages in the business of, accepts
| ||||||
25 | employment
to furnish, or agrees to make or makes | ||||||
26 | investigations for a fee or other
consideration to
obtain |
| |||||||
| |||||||
1 | information relating to:
| ||||||
2 | (1) Crimes or wrongs done or threatened against the | ||||||
3 | United States, any
state or
territory of the United States, | ||||||
4 | or any local government of a state or
territory.
| ||||||
5 | (2) The identity, habits, conduct, business | ||||||
6 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
7 | trustworthiness, efficiency, loyalty, activity,
movements, | ||||||
8 | whereabouts, affiliations, associations, transactions, | ||||||
9 | acts,
reputation, or character of any person, firm, or | ||||||
10 | other entity by any means,
manual or electronic.
| ||||||
11 | (3) The location, disposition, or recovery of lost or | ||||||
12 | stolen property.
| ||||||
13 | (4) The cause, origin, or responsibility for fires, | ||||||
14 | accidents, or injuries
to
individuals or real or personal | ||||||
15 | property.
| ||||||
16 | (5) The truth or falsity of any statement or | ||||||
17 | representation.
| ||||||
18 | (6) Securing evidence to be used before any court, | ||||||
19 | board, or investigating
body.
| ||||||
20 | (7) The protection of individuals from bodily harm or | ||||||
21 | death (bodyguard
functions).
| ||||||
22 | (8) Service of process in criminal and civil | ||||||
23 | proceedings without court
order.
| ||||||
24 | "Private detective agency" means a person, firm, | ||||||
25 | corporation, or other legal
entity that engages
in the
private | ||||||
26 | detective business and employs, in addition to the |
| |||||||
| |||||||
1 | licensee-in-charge,
one or more
persons in conducting such | ||||||
2 | business.
| ||||||
3 | "Private detective licensee-in-charge" means a person who | ||||||
4 | has been designated
by an agency
to be the licensee-in-charge | ||||||
5 | of an
agency,
who is a full-time management employee or owner
| ||||||
6 | who assumes sole
responsibility
for
maintaining all records | ||||||
7 | required by this Act, and who assumes sole
responsibility
for | ||||||
8 | assuring
the licensed agency's compliance with its | ||||||
9 | responsibilities as stated in this
Act. The Department shall | ||||||
10 | adopt rules mandating licensee-in-charge
participation in | ||||||
11 | agency affairs.
| ||||||
12 | "Private security contractor" means a person who engages in | ||||||
13 | the business of
providing a private security officer, watchman, | ||||||
14 | patrol, guard dog, canine odor detection, or a similar service | ||||||
15 | by
any other
title or name on a contractual basis for another | ||||||
16 | person, firm, corporation, or
other entity
for a fee or other | ||||||
17 | consideration and performing one or more of the following
| ||||||
18 | functions:
| ||||||
19 | (1) The prevention or detection of intrusion, entry, | ||||||
20 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
21 | governmental property.
| ||||||
22 | (2) The prevention, observation, or detection of any | ||||||
23 | unauthorized activity
on
private or governmental property.
| ||||||
24 | (3) The protection of persons authorized to be on the | ||||||
25 | premises of the
person,
firm, or other entity for which the | ||||||
26 | security contractor contractually provides
security |
| |||||||
| |||||||
1 | services.
| ||||||
2 | (4) The prevention of the misappropriation or | ||||||
3 | concealment of goods, money,
bonds, stocks, notes, | ||||||
4 | documents, or papers.
| ||||||
5 | (5) The control, regulation, or direction of the | ||||||
6 | movement of the public
for
the
time specifically required | ||||||
7 | for the protection of property owned or controlled
by the | ||||||
8 | client.
| ||||||
9 | (6) The protection of individuals from bodily harm or | ||||||
10 | death (bodyguard
functions).
| ||||||
11 | "Private security contractor agency" means a person, firm, | ||||||
12 | corporation, or
other legal entity that
engages in
the private | ||||||
13 | security contractor business and that employs, in addition to | ||||||
14 | the
licensee-in-charge, one or more persons in conducting such | ||||||
15 | business.
| ||||||
16 | "Private security contractor licensee-in-charge" means a | ||||||
17 | person who has been
designated by an agency to be the
| ||||||
18 | licensee-in-charge of an
agency, who is a full-time management | ||||||
19 | employee or owner
who assumes sole responsibility for | ||||||
20 | maintaining all records required by this
Act, and who
assumes | ||||||
21 | sole responsibility for assuring the licensed agency's | ||||||
22 | compliance with
its
responsibilities as
stated in this Act. The | ||||||
23 | Department shall adopt rules mandating
licensee-in-charge | ||||||
24 | participation in agency affairs.
| ||||||
25 | "Public member" means a person who is not a licensee or | ||||||
26 | related to a
licensee, or who is not an employer or employee of |
| |||||||
| |||||||
1 | a licensee. The term
"related to" shall be determined by the | ||||||
2 | rules of the Department.
| ||||||
3 | "Secretary" means the Secretary of the Department of | ||||||
4 | Financial and Professional Regulation.
| ||||||
5 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
6 | (Text of Section after amendment by P.A. 96-847 )
| ||||||
7 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
8 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
9 | "Address of record" means the designated address recorded | ||||||
10 | by the Department in the applicant's application file or the | ||||||
11 | licensee's license file, as maintained by the Department's | ||||||
12 | licensure maintenance unit. | ||||||
13 | "Advertisement" means any printed material that is | ||||||
14 | published in a phone book,
newspaper, magazine, pamphlet, | ||||||
15 | newsletter, or other similar type of publication
that is
| ||||||
16 | intended to either attract business or merely provide contact | ||||||
17 | information to
the public for
an agency or licensee. | ||||||
18 | Advertisement shall include any material disseminated by
| ||||||
19 | printed or electronic means or media, but shall not include a | ||||||
20 | licensee's or an
agency's
letterhead, business cards, or other | ||||||
21 | stationery used in routine business
correspondence or
| ||||||
22 | customary name, address, and number type listings in a | ||||||
23 | telephone directory.
| ||||||
24 | "Alarm system" means any system, including an electronic | ||||||
25 | access control
system, a
surveillance video system, a security |
| |||||||
| |||||||
1 | video system, a burglar alarm system, a
fire alarm
system, an | ||||||
2 | emergency communication system, mass notification system, or | ||||||
3 | any other electronic system that activates an audible, visible,
| ||||||
4 | remote, or
recorded signal that is designed for the protection | ||||||
5 | or detection of intrusion,
entry, theft,
fire, vandalism, | ||||||
6 | escape, or trespass, or other electronic systems designed for | ||||||
7 | the protection of life by indicating the existence of an | ||||||
8 | emergency situation.
| ||||||
9 | "Applicant" means a person applying for licensure under | ||||||
10 | this Act as a fingerprint vendor, fingerprint vendor agency, | ||||||
11 | locksmith, locksmith agency, private alarm contractor, private | ||||||
12 | alarm contractor agency, private detective, private detective | ||||||
13 | agency, private security contractor, or private security | ||||||
14 | contractor agency. Any applicant or person who holds himself or | ||||||
15 | herself out as an applicant is considered a licensee for | ||||||
16 | purposes of enforcement, investigation, hearings, and the | ||||||
17 | Illinois Administrative Procedure Act. | ||||||
18 | "Armed employee" means a licensee or registered person who | ||||||
19 | is employed by an
agency licensed or an armed proprietary | ||||||
20 | security force registered under this
Act who carries a weapon | ||||||
21 | while engaged in the
performance
of official duties within the | ||||||
22 | course and scope of his or her employment during
the hours
and | ||||||
23 | times the employee is scheduled to work or is commuting between | ||||||
24 | his or her
home or
place of employment, provided that commuting | ||||||
25 | is accomplished within one hour
from
departure from home or | ||||||
26 | place of employment.
|
| |||||||
| |||||||
1 | "Armed proprietary security force" means a security force | ||||||
2 | made up of 5 or
more
armed individuals employed by a private, | ||||||
3 | commercial, or industrial operation or
one or
more armed | ||||||
4 | individuals employed by a financial institution as security | ||||||
5 | officers
for the
protection of persons or property.
| ||||||
6 | "Board" means the Private Detective, Private Alarm, | ||||||
7 | Private Security, Fingerprint Vendor, and
Locksmith Board.
| ||||||
8 | "Branch office" means a business location removed from the | ||||||
9 | place of business
for which an agency license has been issued, | ||||||
10 | including, but not limited to,
locations where active employee | ||||||
11 | records that are required to be maintained
under this Act are | ||||||
12 | kept, where prospective new
employees
are processed, or where | ||||||
13 | members of the public are invited in to transact
business. A
| ||||||
14 | branch office does not include an office or other facility | ||||||
15 | located on the
property of an
existing client that is utilized | ||||||
16 | solely for the benefit of that client and is
not owned or
| ||||||
17 | leased by the agency.
| ||||||
18 | "Canine handler" means a person who uses or handles a | ||||||
19 | trained dog
to protect persons or property or
to conduct | ||||||
20 | investigations. | ||||||
21 | "Canine handler authorization card" means a card issued by | ||||||
22 | the Department that authorizes
the holder to use or handle a | ||||||
23 | trained dog to protect persons or property or to conduct
| ||||||
24 | investigations during the performance of his or her duties as | ||||||
25 | specified in this Act. | ||||||
26 | "Canine trainer" means a person who acts as a dog trainer |
| |||||||
| |||||||
1 | for the purpose of training dogs to protect
persons or property | ||||||
2 | or to conduct investigations. | ||||||
3 | "Canine trainer authorization card" means a card issued by | ||||||
4 | the Department that authorizes the
holder to train a dog to | ||||||
5 | protect persons or property or to conduct investigations during | ||||||
6 | the
performance of his or her duties as specified in this Act. | ||||||
7 | "Canine training facility" means a facility operated by a | ||||||
8 | licensed private detective agency or private
security agency | ||||||
9 | wherein dogs are trained for the purposes of protecting persons | ||||||
10 | or property or to
conduct investigations.
| ||||||
11 | "Corporation" means an artificial person or legal entity | ||||||
12 | created by or under
the
authority of the laws of a state, | ||||||
13 | including without limitation a corporation,
limited liability | ||||||
14 | company, or any other legal entity.
| ||||||
15 | "Department" means the Department of Financial and
| ||||||
16 | Professional Regulation.
| ||||||
17 | "Emergency communication system" means any system that | ||||||
18 | communicates information about emergencies, including but not | ||||||
19 | limited to fire, terrorist activities, shootings, other | ||||||
20 | dangerous situations, accidents, and natural disasters. | ||||||
21 | "Employee" means a person who works for a person or agency | ||||||
22 | that has the
right to
control the details of the work performed | ||||||
23 | and is not dependent upon whether or
not
federal or state | ||||||
24 | payroll taxes are withheld.
| ||||||
25 | "Fingerprint vendor" means a person that offers, | ||||||
26 | advertises, or provides services to fingerprint individuals, |
| |||||||
| |||||||
1 | through electronic or other means, for the purpose of providing | ||||||
2 | fingerprint images and associated demographic data to the | ||||||
3 | Department of State Police for processing fingerprint based | ||||||
4 | criminal history record information inquiries. | ||||||
5 | "Fingerprint vendor agency" means a person, firm, | ||||||
6 | corporation, or other legal entity that engages in the | ||||||
7 | fingerprint vendor business and employs, in addition to the | ||||||
8 | fingerprint vendor licensee-in-charge, at least one other | ||||||
9 | person in conducting that business. | ||||||
10 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
11 | has been designated by a fingerprint vendor agency to be the | ||||||
12 | licensee-in-charge of an agency who is a full-time management | ||||||
13 | employee or owner who assumes sole responsibility for | ||||||
14 | maintaining all records required by this Act and who assumes | ||||||
15 | sole responsibility for assuring the licensed agency's | ||||||
16 | compliance with its responsibilities as stated in this Act. The | ||||||
17 | Department shall adopt rules mandating licensee-in-charge | ||||||
18 | participation in agency affairs.
| ||||||
19 | "Fire alarm system" means any system that is activated by | ||||||
20 | an automatic or
manual device in the detection of smoke, heat, | ||||||
21 | or fire that activates an
audible, visible, or
remote signal | ||||||
22 | requiring a response.
| ||||||
23 | "Firearm control card" means a card issued by the | ||||||
24 | Department that
authorizes
the holder, who has complied with | ||||||
25 | the training and other requirements of this Act, to carry a | ||||||
26 | weapon during the performance of his or her duties as
specified |
| |||||||
| |||||||
1 | in
this Act.
| ||||||
2 | "Firm" means an unincorporated business entity, including | ||||||
3 | but not limited to
proprietorships and partnerships.
| ||||||
4 | "Licensee" means a person licensed under this Act as a | ||||||
5 | fingerprint vendor, fingerprint vendor agency, locksmith, | ||||||
6 | locksmith agency, private alarm contractor, private alarm | ||||||
7 | contractor agency, private detective, private detective | ||||||
8 | agency, private security contractor, or private security | ||||||
9 | contractor agency. Anyone who holds himself or herself out as a | ||||||
10 | licensee or who is accused of unlicensed practice is considered | ||||||
11 | a licensee for purposes of enforcement, investigation, | ||||||
12 | hearings, and the Illinois Administrative Procedure Act. | ||||||
13 | "Locksmith" means
a person who engages in a business or | ||||||
14 | holds himself out to the public as
providing a service that | ||||||
15 | includes, but is not limited to, the servicing,
installing, | ||||||
16 | originating first keys, re-coding, repairing, maintaining,
| ||||||
17 | manipulating, or bypassing of a mechanical or electronic | ||||||
18 | locking device, access
control or video surveillance system at | ||||||
19 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
20 | automatic teller machines.
| ||||||
21 | "Locksmith agency" means a person, firm, corporation, or | ||||||
22 | other legal entity
that engages
in the
locksmith business and | ||||||
23 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
24 | least
one other person in conducting such business.
| ||||||
25 | "Locksmith licensee-in-charge" means a person who has been | ||||||
26 | designated by
agency to be the licensee-in-charge of an agency,
|
| |||||||
| |||||||
1 | who is a
full-time management employee or owner who assumes | ||||||
2 | sole responsibility
for
maintaining all records required by | ||||||
3 | this Act, and who assumes sole
responsibility for
assuring the | ||||||
4 | licensed agency's compliance with its responsibilities as | ||||||
5 | stated
in this Act. The Department shall adopt rules mandating | ||||||
6 | licensee-in-charge
participation in agency affairs.
| ||||||
7 | "Mass notification system" means any system that is used to | ||||||
8 | provide information and instructions to people in a building or | ||||||
9 | other space using voice communications, including visible | ||||||
10 | signals, text, graphics, tactile, or other communication | ||||||
11 | methods. | ||||||
12 | "Peace officer" or "police officer" means a person who, by | ||||||
13 | virtue of office
or
public
employment, is vested by law with a | ||||||
14 | duty to maintain public order or to make
arrests for
offenses, | ||||||
15 | whether that duty extends to all offenses or is limited to | ||||||
16 | specific
offenses.
Officers, agents, or employees of the | ||||||
17 | federal government commissioned by
federal
statute
to make | ||||||
18 | arrests for violations of federal laws are considered peace | ||||||
19 | officers.
| ||||||
20 | "Permanent employee registration card" means a card issued | ||||||
21 | by the Department
to an
individual who has applied to the | ||||||
22 | Department and meets the requirements for
employment by a | ||||||
23 | licensed agency under this Act.
| ||||||
24 | "Person" means a natural person.
| ||||||
25 | "Private alarm contractor" means a person who engages in a | ||||||
26 | business that
individually or through others undertakes, |
| |||||||
| |||||||
1 | offers to undertake, purports to
have the
capacity to | ||||||
2 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
3 | maintain,
alter, repair,
replace, or service alarm and other | ||||||
4 | security-related systems or parts thereof,
including fire
| ||||||
5 | alarm systems, at protected premises or premises to be | ||||||
6 | protected or responds to
alarm
systems at a protected premises | ||||||
7 | on an emergency basis and not as a full-time
security officer. | ||||||
8 | "Private alarm contractor" does not include a person, firm,
or
| ||||||
9 | corporation that
manufactures or sells alarm systems
only from | ||||||
10 | its place of business and does not sell, install, monitor, | ||||||
11 | maintain,
alter, repair, replace, service, or respond to alarm | ||||||
12 | systems at protected
premises or premises to be protected.
| ||||||
13 | "Private alarm contractor agency" means a person, | ||||||
14 | corporation, or other
entity
that
engages in the private alarm | ||||||
15 | contracting business and employs, in addition to
the private
| ||||||
16 | alarm contractor-in-charge, at least one other person in | ||||||
17 | conducting such
business.
| ||||||
18 | "Private alarm contractor licensee-in-charge" means a | ||||||
19 | person who has been
designated by an
agency to be the | ||||||
20 | licensee-in-charge of an agency, who is a full-time management
| ||||||
21 | employee or owner who
assumes sole
responsibility for | ||||||
22 | maintaining all records required by this Act, and who
assumes
| ||||||
23 | sole
responsibility for assuring the licensed agency's | ||||||
24 | compliance with its
responsibilities as
stated in this Act.
The | ||||||
25 | Department shall adopt rules mandating licensee-in-charge | ||||||
26 | participation in
agency affairs.
|
| |||||||
| |||||||
1 | "Private detective" means any person who by any means, | ||||||
2 | including, but not
limited to, manual, canine odor detection,
| ||||||
3 | or electronic methods, engages in the business of, accepts
| ||||||
4 | employment
to furnish, or agrees to make or makes | ||||||
5 | investigations for a fee or other
consideration to
obtain | ||||||
6 | information relating to:
| ||||||
7 | (1) Crimes or wrongs done or threatened against the | ||||||
8 | United States, any
state or
territory of the United States, | ||||||
9 | or any local government of a state or
territory.
| ||||||
10 | (2) The identity, habits, conduct, business | ||||||
11 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
12 | trustworthiness, efficiency, loyalty, activity,
movements, | ||||||
13 | whereabouts, affiliations, associations, transactions, | ||||||
14 | acts,
reputation, or character of any person, firm, or | ||||||
15 | other entity by any means,
manual or electronic.
| ||||||
16 | (3) The location, disposition, or recovery of lost or | ||||||
17 | stolen property.
| ||||||
18 | (4) The cause, origin, or responsibility for fires, | ||||||
19 | accidents, or injuries
to
individuals or real or personal | ||||||
20 | property.
| ||||||
21 | (5) The truth or falsity of any statement or | ||||||
22 | representation.
| ||||||
23 | (6) Securing evidence to be used before any court, | ||||||
24 | board, or investigating
body.
| ||||||
25 | (7) The protection of individuals from bodily harm or | ||||||
26 | death (bodyguard
functions).
|
| |||||||
| |||||||
1 | (8) Service of process in criminal and civil | ||||||
2 | proceedings without court
order.
| ||||||
3 | "Private detective agency" means a person, firm, | ||||||
4 | corporation, or other legal
entity that engages
in the
private | ||||||
5 | detective business and employs, in addition to the | ||||||
6 | licensee-in-charge,
one or more
persons in conducting such | ||||||
7 | business.
| ||||||
8 | "Private detective licensee-in-charge" means a person who | ||||||
9 | has been designated
by an agency
to be the licensee-in-charge | ||||||
10 | of an
agency,
who is a full-time management employee or owner
| ||||||
11 | who assumes sole
responsibility
for
maintaining all records | ||||||
12 | required by this Act, and who assumes sole
responsibility
for | ||||||
13 | assuring
the licensed agency's compliance with its | ||||||
14 | responsibilities as stated in this
Act. The Department shall | ||||||
15 | adopt rules mandating licensee-in-charge
participation in | ||||||
16 | agency affairs.
| ||||||
17 | "Private security contractor" means a person who engages in | ||||||
18 | the business of
providing a private security officer, watchman, | ||||||
19 | patrol, guard dog, canine odor detection, or a similar service | ||||||
20 | by
any other
title or name on a contractual basis for another | ||||||
21 | person, firm, corporation, or
other entity
for a fee or other | ||||||
22 | consideration and performing one or more of the following
| ||||||
23 | functions:
| ||||||
24 | (1) The prevention or detection of intrusion, entry, | ||||||
25 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
26 | governmental property.
|
| |||||||
| |||||||
1 | (2) The prevention, observation, or detection of any | ||||||
2 | unauthorized activity
on
private or governmental property.
| ||||||
3 | (3) The protection of persons authorized to be on the | ||||||
4 | premises of the
person,
firm, or other entity for which the | ||||||
5 | security contractor contractually provides
security | ||||||
6 | services.
| ||||||
7 | (4) The prevention of the misappropriation or | ||||||
8 | concealment of goods, money,
bonds, stocks, notes, | ||||||
9 | documents, or papers.
| ||||||
10 | (5) The control, regulation, or direction of the | ||||||
11 | movement of the public
for
the
time specifically required | ||||||
12 | for the protection of property owned or controlled
by the | ||||||
13 | client.
| ||||||
14 | (6) The protection of individuals from bodily harm or | ||||||
15 | death (bodyguard
functions).
| ||||||
16 | "Private security contractor agency" means a person, firm, | ||||||
17 | corporation, or
other legal entity that
engages in
the private | ||||||
18 | security contractor business and that employs, in addition to | ||||||
19 | the
licensee-in-charge, one or more persons in conducting such | ||||||
20 | business.
| ||||||
21 | "Private security contractor licensee-in-charge" means a | ||||||
22 | person who has been
designated by an agency to be the
| ||||||
23 | licensee-in-charge of an
agency, who is a full-time management | ||||||
24 | employee or owner
who assumes sole responsibility for | ||||||
25 | maintaining all records required by this
Act, and who
assumes | ||||||
26 | sole responsibility for assuring the licensed agency's |
| |||||||
| |||||||
1 | compliance with
its
responsibilities as
stated in this Act. The | ||||||
2 | Department shall adopt rules mandating
licensee-in-charge | ||||||
3 | participation in agency affairs.
| ||||||
4 | "Public member" means a person who is not a licensee or | ||||||
5 | related to a
licensee, or who is not an employer or employee of | ||||||
6 | a licensee. The term
"related to" shall be determined by the | ||||||
7 | rules of the Department.
| ||||||
8 | "Secretary" means the Secretary of the Department of | ||||||
9 | Financial and Professional Regulation.
| ||||||
10 | (Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10.)
| ||||||
11 | (225 ILCS 447/10-37 new) | ||||||
12 | Sec. 10-37. Address of record. It is the duty of the | ||||||
13 | applicant or licensee to inform the Department of any change of | ||||||
14 | address within 14 days after such change either through the | ||||||
15 | Department's website or by contacting the Department's | ||||||
16 | licensure maintenance unit.
| ||||||
17 | (225 ILCS 447/30-15)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
19 | Sec. 30-15. Qualifications for licensure as a locksmith
| ||||||
20 | agency. | ||||||
21 | (a) Upon receipt of the required fee and proof that the
| ||||||
22 | applicant is an Illinois licensed locksmith who shall assume
| ||||||
23 | responsibility for the operation of the agency and the
directed | ||||||
24 | actions of the agency's employees, which is a
continuing |
| |||||||
| |||||||
1 | requirement for agency licensure, the Department
shall issue a | ||||||
2 | license as a locksmith
agency to any of the following:
| ||||||
3 | (1) An individual who submits an application and is
a | ||||||
4 | licensed locksmith under this Act.
| ||||||
5 | (2) A firm that submits an application and all of
the | ||||||
6 | members of the firm are licensed locksmiths under this
Act.
| ||||||
7 | (3) A corporation or limited liability company
doing | ||||||
8 | business in Illinois that is authorized to engage in the | ||||||
9 | business of
conducting a locksmith agency if at least one | ||||||
10 | officer or
executive employee is a licensed locksmith under | ||||||
11 | this Act and
all unlicensed officers and directors of the | ||||||
12 | corporation or
limited liability company are determined by | ||||||
13 | the Department to
be persons of good moral character.
| ||||||
14 | (b) An individual licensed as a locksmith operating
under a | ||||||
15 | business name other
than the licensed locksmith's own name | ||||||
16 | shall not be required
to obtain a locksmith agency license if | ||||||
17 | that licensed
locksmith does not employ any persons to engage | ||||||
18 | in the
practice of locksmithing and registers under the Assumed | ||||||
19 | Business Name Act.
| ||||||
20 | (c) No locksmith may be the locksmith licensee in-charge | ||||||
21 | for more than one
locksmith agency. Upon written
request by a | ||||||
22 | representative of the agency, within 10 days
after the loss of | ||||||
23 | a locksmith-in-charge of an agency because
of the death of that | ||||||
24 | individual or because of the termination
of the employment of | ||||||
25 | that individual, the Department shall
issue a temporary | ||||||
26 | certificate of authority allowing the
continuing operation of |
| |||||||
| |||||||
1 | the licensed agency. No temporary
certificate of authority | ||||||
2 | shall be valid for more than 90 days.
An extension of an | ||||||
3 | additional 90 days may be granted upon
written request by the | ||||||
4 | representative of the agency. Not more
than 2 extensions may be | ||||||
5 | granted to any agency. No temporary
permit shall be issued for | ||||||
6 | loss of the licensee-in-charge because of
disciplinary action | ||||||
7 | by
the Department related to his or her conduct on behalf of | ||||||
8 | the
agency.
| ||||||
9 | (d) The Department shall require without limitation all of | ||||||
10 | the following information from each applicant for licensure as | ||||||
11 | a locksmith agency under this Act: | ||||||
12 | (1) The name, full business address, and telephone | ||||||
13 | number of the locksmith agency. The business address for | ||||||
14 | the locksmith agency shall be a complete street address | ||||||
15 | from which business is actually conducted, shall be located | ||||||
16 | within the State, and may not be a P.O. Box. The applicant | ||||||
17 | shall submit proof that the business location is or will be | ||||||
18 | used to conduct the locksmith agency's business. The | ||||||
19 | Department may approve of an out-of-state business | ||||||
20 | location if it is not over 50 miles in distance from the | ||||||
21 | borders of this State. | ||||||
22 | (2) All trade or business names used by the licensee. | ||||||
23 | (3) The type of ownership or operation, such as a | ||||||
24 | partnership, corporation, or sole proprietorship. | ||||||
25 | (4) The name of the owner or operator of the locksmith | ||||||
26 | agency, including: |
| |||||||
| |||||||
1 | (A) if a person, then the name and address of | ||||||
2 | record of the person; | ||||||
3 | (B) if a partnership, then the name and address of | ||||||
4 | record of each partner and the name of the partnership; | ||||||
5 | (C) if a corporation, then the name, address of | ||||||
6 | record, and title of each corporate officer and | ||||||
7 | director, the corporate names, and the name of the | ||||||
8 | state of incorporation; and | ||||||
9 | (D) if a sole proprietorship, then the full name | ||||||
10 | and address of record of the sole proprietor and the | ||||||
11 | name of the business entity. | ||||||
12 | (5) The name and license number of the | ||||||
13 | licensee-in-charge for the locksmith agency. | ||||||
14 | (6) Any additional information required by the | ||||||
15 | Department by rule. | ||||||
16 | (e) A licensed locksmith agency may operate under a "doing | ||||||
17 | business as" or assumed name certification without having to | ||||||
18 | obtain a separate locksmith agency license if the "doing | ||||||
19 | business as" or assumed name is first registered with the | ||||||
20 | Department. A licensed locksmith agency may register no more | ||||||
21 | than one assumed name. | ||||||
22 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
23 | (225 ILCS 447/30-25)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
25 | Sec. 30-25. Customer identification; record keeping.
|
| |||||||
| |||||||
1 | (a) A locksmith who bypasses, manipulates, or originates
a | ||||||
2 | first key by code for a device safeguarding an area where
| ||||||
3 | access is meant to be limited, whether or not for
compensation, | ||||||
4 | shall document where the work was performed and
the name, | ||||||
5 | address, date of birth, telephone number, and
driver's license | ||||||
6 | number or other identification number of the
person requesting | ||||||
7 | the work to be done and shall obtain the
signature of that | ||||||
8 | person. A copy of the work order form , invoice, or receipt | ||||||
9 | shall
be kept by the licensed locksmith for a period of 2 years | ||||||
10 | and
shall include the name and license number of the locksmith | ||||||
11 | or
the name and identification number of the registered | ||||||
12 | employee
who performed the services. Work order forms , | ||||||
13 | invoices, or receipts required to be
kept under this Section
| ||||||
14 | shall be available
for inspection upon written request made 3 | ||||||
15 | days in
advance by a law enforcement agency.
| ||||||
16 | (b) A locksmith who bypasses, manipulates, or originates
a | ||||||
17 | first key for a motor vehicle, whether or not for
compensation, | ||||||
18 | shall document the name, address, date of birth,
telephone | ||||||
19 | number, vehicle identification number, and driver's
license | ||||||
20 | number or other identification number of the person
requesting | ||||||
21 | entry and obtain the signature of that person. A
copy of the | ||||||
22 | work order form , invoice, or receipt shall be kept by the | ||||||
23 | licensed
locksmith for a period of 2 years and shall include | ||||||
24 | the name
and license number of the locksmith or the name and
| ||||||
25 | identification number of the registered employee who performed
| ||||||
26 | the services. Work order forms , invoices, or receipts required |
| |||||||
| |||||||
1 | to be kept under this
Section
shall be available for inspection | ||||||
2 | upon
written request made 3 days in advance by a law
| ||||||
3 | enforcement agency.
| ||||||
4 | (c) A locksmith or locksmith agency shall maintain all | ||||||
5 | records required by this Act at the business address provided | ||||||
6 | to the Department pursuant to paragraph (1) of subsection (d) | ||||||
7 | of Section 30-15. | ||||||
8 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
9 | (225 ILCS 447/30-30 new) | ||||||
10 | Sec. 30-30. Consumer protection; required information for | ||||||
11 | consumers. | ||||||
12 | (a) A licensee providing any locksmith services shall | ||||||
13 | document on a work order, invoice, or receipt the name, | ||||||
14 | address, and telephone number of the person requesting the work | ||||||
15 | to be done. | ||||||
16 | (b) The locksmith who performs the services shall include | ||||||
17 | on the work order, invoice, or receipt his or her name and | ||||||
18 | license number. | ||||||
19 | (c) If the locksmith who performs the services is employed | ||||||
20 | by a locksmith agency, then the name, address, and license | ||||||
21 | number of the locksmith agency and the name and license or | ||||||
22 | registration number of the locksmith who performed the services | ||||||
23 | shall be included on the work order, invoice, or receipt. | ||||||
24 | (d) A copy of the work order, invoice, or receipt shall be | ||||||
25 | provided to the customer at the time of service and the |
| |||||||
| |||||||
1 | original copy of the work order, invoice, or receipt shall be | ||||||
2 | kept by the licensed locksmith or locksmith agency for a period | ||||||
3 | of 2 years. | ||||||
4 | (e) The name, address, and license number of the locksmith | ||||||
5 | or locksmith agency, if applicable, shall be pre-printed on the | ||||||
6 | work order, invoice, or receipt required under this Section. | ||||||
7 | (f) A locksmith may be disciplined by the Department | ||||||
8 | pursuant to this Act for gross, willful, and continued | ||||||
9 | overcharging for professional locksmith services, including | ||||||
10 | filing false statements for the collection of fees for services | ||||||
11 | not rendered. | ||||||
12 | (225 ILCS 447/30-35 new) | ||||||
13 | Sec. 30-35. Advertising. In addition to any requirements | ||||||
14 | under Section 35-15, a licensed locksmith or locksmith agency | ||||||
15 | shall include the licensee's name, the city and state of the | ||||||
16 | address provided to the Department pursuant to paragraph (1) of | ||||||
17 | subsection (d) of Section 30-15, and the licensee's license | ||||||
18 | number on any advertisement. | ||||||
19 | (225 ILCS 447/35-32 new) | ||||||
20 | Sec. 35-32. Employment requirement. The holder of a | ||||||
21 | permanent employee registration card is prohibited from | ||||||
22 | performing the activities of a fingerprint vendor, locksmith, | ||||||
23 | private alarm contractor, private detective, or private | ||||||
24 | security contractor without being employed by an agency |
| |||||||
| |||||||
1 | licensed under this Act.
| ||||||
2 | (225 ILCS 447/40-10)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
4 | Sec. 40-10. Disciplinary sanctions.
| ||||||
5 | (a) The Department may deny issuance, refuse to renew,
or | ||||||
6 | restore or may reprimand, place on probation, suspend,
revoke, | ||||||
7 | or take other disciplinary or non-disciplinary action against | ||||||
8 | any license, registration, permanent employee
registration | ||||||
9 | card, canine handler authorization card, canine trainer | ||||||
10 | authorization card, or firearm control
card, and may
impose a | ||||||
11 | fine not to exceed $10,000 for each violation for
any of the | ||||||
12 | following:
| ||||||
13 | (1) Fraud or deception in obtaining or renewing of
a | ||||||
14 | license or registration.
| ||||||
15 | (2) Professional incompetence as manifested by poor
| ||||||
16 | standards of service.
| ||||||
17 | (3) Engaging in dishonorable, unethical, or
| ||||||
18 | unprofessional conduct of a character likely to deceive,
| ||||||
19 | defraud, or harm the public.
| ||||||
20 | (4) Conviction of or entry of a plea of guilty or nolo | ||||||
21 | contendere or an admission of guilt in Illinois , or another | ||||||
22 | state , or other jurisdiction of any
crime that is a felony | ||||||
23 | under the laws of Illinois; a felony in
a federal court; a | ||||||
24 | misdemeanor, an essential element of which
is dishonesty; | ||||||
25 | or directly related to professional practice.
|
| |||||||
| |||||||
1 | (5) Performing any services in a grossly negligent
| ||||||
2 | manner or permitting any of a licensee's employees to | ||||||
3 | perform
services in a grossly negligent manner, regardless | ||||||
4 | of whether
actual damage to the public is established.
| ||||||
5 | (6) Continued practice, although the person
has become | ||||||
6 | unfit to practice due to any of the
following:
| ||||||
7 | (A) Physical illness, mental illness, or other | ||||||
8 | impairment, including, but not
limited to, | ||||||
9 | deterioration through the aging process or loss of
| ||||||
10 | motor skills that results in the inability to serve the | ||||||
11 | public
with reasonable judgment, skill, or safety.
| ||||||
12 | (B) Mental disability demonstrated by the
entry of | ||||||
13 | an order or judgment by a court that a
person is in | ||||||
14 | need of mental treatment or is incompetent.
| ||||||
15 | (C) Addiction to or dependency on alcohol or
drugs | ||||||
16 | that is likely to endanger the public. If the
| ||||||
17 | Department has reasonable cause to believe that a | ||||||
18 | person is
addicted to or dependent on alcohol or drugs | ||||||
19 | that
may endanger the public, the Department may | ||||||
20 | require the
person to undergo an examination to | ||||||
21 | determine the
extent of the addiction or dependency.
| ||||||
22 | (7) Receiving, directly or indirectly, compensation
| ||||||
23 | for any services not rendered.
| ||||||
24 | (8) Willfully deceiving or defrauding the public on
a | ||||||
25 | material matter.
| ||||||
26 | (9) Failing to account for or remit any moneys or
|
| |||||||
| |||||||
1 | documents coming into the licensee's possession that
| ||||||
2 | belong to another person or entity.
| ||||||
3 | (10) Discipline by another United States
jurisdiction | ||||||
4 | or foreign nation, if at least one of the grounds
for the | ||||||
5 | discipline is the same or substantially equivalent to
those | ||||||
6 | set forth in this Act.
| ||||||
7 | (11) Giving differential treatment to a person that
is | ||||||
8 | to that person's detriment because of race, color, creed,
| ||||||
9 | sex, religion, or national origin.
| ||||||
10 | (12) Engaging in false or misleading advertising.
| ||||||
11 | (13) Aiding, assisting, or willingly permitting
| ||||||
12 | another person to violate this Act or rules promulgated | ||||||
13 | under
it.
| ||||||
14 | (14) Performing and charging for services without
| ||||||
15 | authorization to do so from the person or entity serviced.
| ||||||
16 | (15) Directly or indirectly offering or accepting
any | ||||||
17 | benefit to or from any employee, agent, or fiduciary
| ||||||
18 | without the consent of the latter's employer or principal | ||||||
19 | with
intent to or the understanding that this action will | ||||||
20 | influence
his or her conduct in relation to his or her | ||||||
21 | employer's or
principal's affairs.
| ||||||
22 | (16) Violation of any disciplinary order imposed on
a | ||||||
23 | licensee by the Department.
| ||||||
24 | (17) Performing any act or practice that is a violation | ||||||
25 | of this Act or the rules for the administration of this | ||||||
26 | Act, or having a conviction or administrative finding of |
| |||||||
| |||||||
1 | guilty as a result of violating any federal or State laws, | ||||||
2 | rules, or regulations that apply exclusively to the | ||||||
3 | practices of private detectives, private alarm | ||||||
4 | contractors, private security contractors, fingerprint | ||||||
5 | vendors, or locksmiths Failing to comply with any provision | ||||||
6 | of this
Act or rule promulgated under it .
| ||||||
7 | (18) Conducting an agency without a valid license.
| ||||||
8 | (19) Revealing confidential information, except as
| ||||||
9 | required by law, including but not limited to information
| ||||||
10 | available under Section 2-123 of the Illinois Vehicle Code.
| ||||||
11 | (20) Failing to make available to the Department,
upon | ||||||
12 | request, any books, records, or forms required by this
Act.
| ||||||
13 | (21) Failing, within 30 days, to respond to a
written | ||||||
14 | request for information from the Department.
| ||||||
15 | (22) Failing to provide employment information or
| ||||||
16 | experience information required by the Department | ||||||
17 | regarding an
applicant for licensure.
| ||||||
18 | (23) Failing to make available to the Department at
the | ||||||
19 | time of the request any indicia of licensure or
| ||||||
20 | registration issued under this Act.
| ||||||
21 | (24) Purporting to be a licensee-in-charge of an
agency | ||||||
22 | without active participation in the agency.
| ||||||
23 | (25) A finding by the Department that the licensee, | ||||||
24 | after having his or her license placed on probationary | ||||||
25 | status, has violated the terms of probation. | ||||||
26 | (26) Violating subsection (f) of Section 30-30. |
| |||||||
| |||||||
1 | (b) The Department shall seek to be consistent in the
| ||||||
2 | application of disciplinary sanctions.
| ||||||
3 | (c) The Department shall adopt rules that set forth | ||||||
4 | standards of service for the following:
(i) acceptable error | ||||||
5 | rate in the transmission of fingerprint images and other data | ||||||
6 | to the Department of State Police;
(ii) acceptable error rate | ||||||
7 | in the collection and documentation of information used to | ||||||
8 | generate
fingerprint work orders;
and (iii) any other standard | ||||||
9 | of service that affects fingerprinting services as determined | ||||||
10 | by the
Department.
| ||||||
11 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
12 | (225 ILCS 447/40-25)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
14 | Sec. 40-25. Submission to physical or mental examination. | ||||||
15 | (a) The Department or Board upon a showing of a possible | ||||||
16 | violation may compel an individual licensed to practice under | ||||||
17 | this Act, or who has applied for licensure under this Act, to | ||||||
18 | submit to a mental or physical examination, or both, as | ||||||
19 | required by and at the expense of the Department. The | ||||||
20 | Department or Board may order the examining physician to | ||||||
21 | present testimony concerning the mental or physical | ||||||
22 | examination of the licensee or applicant. No information shall | ||||||
23 | be excluded by reason of any common law or statutory privilege | ||||||
24 | relating to communications between the licensee or applicant | ||||||
25 | and the examining physician. The examining physicians shall be |
| |||||||
| |||||||
1 | specifically designated by the Board or Department. The | ||||||
2 | individual to be examined may have, at his or her own expense, | ||||||
3 | another physician of his or her choice present during all | ||||||
4 | aspects of this examination. Failure of an individual to submit | ||||||
5 | to a mental or physical examination, when directed, shall be | ||||||
6 | grounds for the immediate suspension of his or her license | ||||||
7 | until the individual submits to the examination if the | ||||||
8 | Department finds that the refusal to submit to the examination | ||||||
9 | was without reasonable cause as defined by rule. | ||||||
10 | (b) In instances in which the Secretary immediately | ||||||
11 | suspends a person's license for his or her failure to submit to | ||||||
12 | a mental or physical examination when directed, a hearing on | ||||||
13 | that person's license must be convened by the Department within | ||||||
14 | 15 days after the suspension and completed without appreciable | ||||||
15 | delay. | ||||||
16 | (c) In instances in which the Secretary otherwise suspends | ||||||
17 | a person's license pursuant to the results of a compelled | ||||||
18 | mental or physical examination, a hearing on that person's | ||||||
19 | license must be convened by the Department within 15 days after | ||||||
20 | the suspension and completed without appreciable delay. The | ||||||
21 | Department and Board shall have the authority to review the | ||||||
22 | subject individual's record of treatment and counseling | ||||||
23 | regarding the impairment to the extent permitted by applicable | ||||||
24 | federal statutes and regulations safeguarding the | ||||||
25 | confidentiality of medical records. | ||||||
26 | (d) An individual licensed under this Act and affected |
| |||||||
| |||||||
1 | under this Section shall be afforded an opportunity to | ||||||
2 | demonstrate to the Department or Board that he or she can | ||||||
3 | resume practice in compliance with acceptable and prevailing | ||||||
4 | standards under the provisions of his or her license. The | ||||||
5 | Department may order a licensee or a registrant to submit
to a | ||||||
6 | reasonable physical or mental examination if the licensee
or | ||||||
7 | registrant's mental or physical capacity to work safely is
an | ||||||
8 | issue in a disciplinary proceeding. The failure to submit
to a | ||||||
9 | Director's order to submit to a reasonable mental or
physical | ||||||
10 | exam shall constitute a violation of this Act subject
to the | ||||||
11 | disciplinary provisions in Section 40-10.
| ||||||
12 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
13 | (225 ILCS 447/45-25)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 45-25. Disposition by consent order. Disposition may
| ||||||
16 | be made of any charge by consent order between the
Department | ||||||
17 | and the licensee. The Board shall be apprised of
the consent | ||||||
18 | order at its next meeting. The consent order shall be final | ||||||
19 | upon signature of the Secretary.
| ||||||
20 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
21 | (225 ILCS 447/45-30)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
23 | Sec. 45-30.
Restoration of license after disciplinary
| ||||||
24 | proceedings. At any time after the successful completion of a |
| |||||||
| |||||||
1 | term of suspension or revocation of a license, the Department | ||||||
2 | may restore it to the licensee upon the written recommendation | ||||||
3 | of the Board unless the Board determines after an investigation | ||||||
4 | and a hearing that restoration is not in the public interest. | ||||||
5 | The Department shall reinstate any license to
good standing | ||||||
6 | under this Act upon recommendation
to the Director, after a | ||||||
7 | hearing before the Board or a
hearing officer authorized by the | ||||||
8 | Department. The Department
shall be satisfied that the | ||||||
9 | applicant's renewed practice is
not contrary to the public | ||||||
10 | interest.
| ||||||
11 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
12 | (225 ILCS 447/45-40)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
14 | Sec. 45-40. Administrative review. All final
| ||||||
15 | administrative decisions of the Department
are subject to | ||||||
16 | judicial review under
Article III of the Code of Civil | ||||||
17 | Procedure. The term
"administrative decision" is defined as in | ||||||
18 | Section 3-101 of
the Code of Civil Procedure. The proceedings | ||||||
19 | for judicial
review shall be commenced in the circuit court of | ||||||
20 | the county
in which the party applying for review resides; but | ||||||
21 | if
the party is not a resident of Illinois, the venue shall be | ||||||
22 | in
Sangamon County. The Department shall not be required to
| ||||||
23 | certify any record to the court or file any answer in court
or | ||||||
24 | otherwise appear in any court in a judicial review
proceeding, | ||||||
25 | unless and until the Department has received from the plaintiff |
| |||||||
| |||||||
1 | payment of the costs of furnishing and certifying the record, | ||||||
2 | which costs shall be determined by the Department there is | ||||||
3 | filed in the court with the
complaint a receipt from the | ||||||
4 | Department acknowledging payment
of the costs of furnishing and | ||||||
5 | certifying the record. Costs
shall be computed at the cost of | ||||||
6 | preparing the record .
Exhibits shall be certified without cost. | ||||||
7 | Failure on the part
of the applicant or licensee to file a | ||||||
8 | receipt in court is grounds for
dismissal of the action. During | ||||||
9 | all judicial proceedings
incident to a disciplinary action, the | ||||||
10 | sanctions
imposed upon a licensee by the Department shall | ||||||
11 | remain in
effect, unless the court determines justice requires | ||||||
12 | a stay of
the order.
| ||||||
13 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
14 | (225 ILCS 447/45-55)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
16 | Sec. 45-55. Subpoenas.
| ||||||
17 | (a) The Department, with the approval of a member of the | ||||||
18 | Board, may subpoena and bring before it any
person to take the | ||||||
19 | oral or written testimony or compel the production of any | ||||||
20 | books, papers, records, or any other documents that the | ||||||
21 | Secretary or his or her designee deems relevant or material to | ||||||
22 | any such investigation or hearing conducted by the Department
| ||||||
23 | with the same fees and in the
same manner as prescribed in | ||||||
24 | civil cases in the courts of this State .
| ||||||
25 | (b) Any circuit court, upon the application of the
|
| |||||||
| |||||||
1 | licensee, the Department, the designated hearing officer, or | ||||||
2 | the Board, may order
the
attendance and testimony of witnesses | ||||||
3 | and the production of relevant documents, files, records, books
| ||||||
4 | and papers in connection with any hearing or investigation | ||||||
5 | before the Board in any hearing under this Act .
The
circuit | ||||||
6 | court may compel obedience to its order by proceedings
for | ||||||
7 | contempt.
| ||||||
8 | (c) The Secretary Director , the hearing officer , any member | ||||||
9 | of the Board, or a certified
shorthand court reporter may | ||||||
10 | administer oaths at any hearing
the Department conducts. | ||||||
11 | Notwithstanding any other statute or
Department rule to the | ||||||
12 | contrary, all requests for testimony,
production of documents | ||||||
13 | or records shall be in
accordance with this Act.
| ||||||
14 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
15 | (225 ILCS 447/50-10)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
17 | Sec. 50-10. The Private Detective,
Private Alarm, Private | ||||||
18 | Security, Fingerprint Vendor, and Locksmith Board. | ||||||
19 | (a) The Private Detective, Private
Alarm, Private | ||||||
20 | Security, Fingerprint Vendor, and Locksmith Board shall | ||||||
21 | consist of
13 members appointed by the Director and comprised | ||||||
22 | of 2
licensed private detectives, 3 licensed private security
| ||||||
23 | contractors, one licensed private detective or licensed | ||||||
24 | private security contractor who provides canine odor detection | ||||||
25 | services, 2 licensed private alarm contractors, one licensed |
| |||||||
| |||||||
1 | fingerprint vendor except for the initial appointment who shall | ||||||
2 | be required to have experience in the fingerprint vendor | ||||||
3 | industry that is acceptable to the Department , 2 licensed
| ||||||
4 | locksmiths, one public member who is not licensed or
registered | ||||||
5 | under this Act and who has no connection with a
business | ||||||
6 | licensed under this Act, and one member representing
the | ||||||
7 | employees registered under this Act. Each member shall be
a | ||||||
8 | resident of Illinois. Except for the initial appointment of a | ||||||
9 | licensed fingerprint vendor after the effective date of this | ||||||
10 | amendatory Act of the 95th General Assembly, each licensed | ||||||
11 | member shall have at
least 5 years experience as a licensee in | ||||||
12 | the professional
area in which the person is licensed and be in | ||||||
13 | good standing
and actively engaged in that profession. In | ||||||
14 | making
appointments, the Director shall consider the | ||||||
15 | recommendations
of the professionals and the professional | ||||||
16 | organizations
representing the licensees. The membership shall | ||||||
17 | reasonably
reflect the different geographic areas in Illinois.
| ||||||
18 | (b) Members shall serve 4 year terms and may serve until
| ||||||
19 | their successors are appointed. No member shall serve for
more | ||||||
20 | than 2 successive terms. Appointments to fill vacancies
shall | ||||||
21 | be made in the same manner as the original appointments
for the | ||||||
22 | unexpired portion of the vacated term. Members of the
Board in | ||||||
23 | office on the effective date of this Act pursuant to
the | ||||||
24 | Private Detective, Private Alarm, Private Security, and
| ||||||
25 | Locksmith Act of 1993 shall serve for the duration of their
| ||||||
26 | terms and may be appointed for one additional term.
|
| |||||||
| |||||||
1 | (c) A member of the Board may be removed for cause. A
| ||||||
2 | member subject to formal disciplinary proceedings shall
| ||||||
3 | disqualify himself or herself from all Board business until
the | ||||||
4 | charge is resolved. A member also shall disqualify
himself or | ||||||
5 | herself from any matter on which the member cannot
act | ||||||
6 | objectively.
| ||||||
7 | (d) Members shall receive compensation as set by law.
Each | ||||||
8 | member shall receive reimbursement as set by the
Governor's | ||||||
9 | Travel Control Board for expenses incurred in
carrying out the | ||||||
10 | duties as a Board member.
| ||||||
11 | (e) A majority of Board members constitutes a quorum. A
| ||||||
12 | majority vote of the quorum is required for a decision.
| ||||||
13 | (f) The Board shall elect a chairperson and vice
| ||||||
14 | chairperson.
| ||||||
15 | (g) Board members are not liable for their acts,
omissions, | ||||||
16 | decisions, or other conduct in connection with
their duties on | ||||||
17 | the Board, except those determined to be
willful, wanton, or | ||||||
18 | intentional misconduct.
| ||||||
19 | (h) The Board may recommend policies, procedures, and
rules | ||||||
20 | relevant to the administration and enforcement of this
Act.
| ||||||
21 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
22 | (225 ILCS 447/50-15)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
24 | Sec. 50-15. Powers and duties of the Department. Subject to | ||||||
25 | the provisions of this Act, the Department may exercise the |
| |||||||
| |||||||
1 | following powers and duties: (a) The Department shall exercise | ||||||
2 | the powers and duties
prescribed by the Civil Administrative | ||||||
3 | Code of Illinois and
shall exercise all other powers and duties | ||||||
4 | set forth in this
Act.
| ||||||
5 | (1) Prescribe (b) The Director shall prescribe forms to | ||||||
6 | be issued for
the administration and enforcement of this | ||||||
7 | Act.
| ||||||
8 | (2) Authorize examinations to ascertain the | ||||||
9 | qualifications and fitness of applicants for licensing as a | ||||||
10 | licensed fingerprint vendor, locksmith, private alarm | ||||||
11 | contractor, private detective, or private security | ||||||
12 | contractor and pass upon the qualifications of applicants | ||||||
13 | for licensure. | ||||||
14 | (3) Examine the records of licensees or investigate any | ||||||
15 | other aspect of fingerprint vending, locksmithing, private | ||||||
16 | alarm contracting, private security contracting, or | ||||||
17 | practicing as a private detective that is relevant to the | ||||||
18 | Department's investigation or hearing. | ||||||
19 | (4) Conduct hearings on proceedings to refuse to issue | ||||||
20 | or renew licenses or to revoke, suspend, place on | ||||||
21 | probation, reprimand, or otherwise discipline a license | ||||||
22 | under this Act or take other non-disciplinary action. | ||||||
23 | (5) Adopt rules required for the administration of this | ||||||
24 | Act. | ||||||
25 | (6) Maintain rosters of the names and addresses of all | ||||||
26 | licensees and all persons whose licenses have been |
| |||||||
| |||||||
1 | suspended, revoked, denied renewal, or otherwise | ||||||
2 | disciplined within the previous calendar year. These | ||||||
3 | rosters shall be available upon written request and payment | ||||||
4 | of the required fee as established by rule. | ||||||
5 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
6 | (225 ILCS 447/50-30)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
8 | Sec. 50-30. Fees; deposit of fees and fines. The
Department | ||||||
9 | shall by rule provide for fees for the
administration and | ||||||
10 | enforcement of this Act, and those fees are
nonrefundable. | ||||||
11 | Applicants for examination shall be required to pay a fee to | ||||||
12 | either the Department or the designated testing service to | ||||||
13 | cover the cost of providing the examination. If an applicant | ||||||
14 | fails to appear for the examination on the scheduled date at | ||||||
15 | the time and place specified by the Department or designated | ||||||
16 | testing service, then the applicant's examination fee shall be | ||||||
17 | forfeited. All of the fees and fines collected under this
Act | ||||||
18 | shall be deposited into the General Professions Dedicated
Fund | ||||||
19 | and be appropriated to the Department for the ordinary
and | ||||||
20 | contingent expenses of the Department in the
administration and | ||||||
21 | enforcement of this Act.
| ||||||
22 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
23 | (225 ILCS 447/50-45 new) | ||||||
24 | Sec. 50-45. Illinois Administrative Procedure Act; |
| |||||||
| |||||||
1 | application. The Illinois Administrative Procedure Act is | ||||||
2 | expressly adopted and incorporated in this Act as if all of the | ||||||
3 | provisions of that Act were included in this Act, except that | ||||||
4 | the provision of paragraph (d) of Section 10-65 of the Illinois | ||||||
5 | Administrative Procedure Act, which provides that at hearings | ||||||
6 | the registrant or licensee has the right to show compliance | ||||||
7 | with all lawful requirements for retention or continuation or | ||||||
8 | renewal of the license, is specifically excluded. For the | ||||||
9 | purpose of this Act, the notice required under Section 10-25 of | ||||||
10 | the Illinois Administrative Procedure Act is considered | ||||||
11 | sufficient when mailed to the last known address of a party. | ||||||
12 | Section 95. No acceleration or delay. Where this Act makes | ||||||
13 | changes in a statute that is represented in this Act by text | ||||||
14 | that is not yet or no longer in effect (for example, a Section | ||||||
15 | represented by multiple versions), the use of that text does | ||||||
16 | not accelerate or delay the taking effect of (i) the changes | ||||||
17 | made by this Act or (ii) provisions derived from any other | ||||||
18 | Public Act.
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
|