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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by | |||||||||||||||||||
5 | changing Sections 4.34 and 4.39 as follows: | |||||||||||||||||||
6 | (5 ILCS 80/4.34) | |||||||||||||||||||
7 | Sec. 4.34. Acts and Section repealed on January 1, 2024. | |||||||||||||||||||
8 | The following Acts and
Section of an Act are repealed
on | |||||||||||||||||||
9 | January 1, 2024: | |||||||||||||||||||
10 | The Crematory Regulation Act. | |||||||||||||||||||
11 | The Electrologist Licensing Act. | |||||||||||||||||||
12 | The Illinois Certified Shorthand Reporters Act of | |||||||||||||||||||
13 | 1984. | |||||||||||||||||||
14 | The Illinois Occupational Therapy Practice Act. | |||||||||||||||||||
15 | The Illinois Public Accounting Act. | |||||||||||||||||||
16 | The Private Detective, Private Alarm, Private | |||||||||||||||||||
17 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | |||||||||||||||||||
18 | The Registered Surgical Assistant and Registered | |||||||||||||||||||
19 | Surgical Technologist
Title Protection Act. | |||||||||||||||||||
20 | Section 2.5 of the Illinois Plumbing License Law.
| |||||||||||||||||||
21 | The Veterinary Medicine and Surgery Practice Act of | |||||||||||||||||||
22 | 2004. | |||||||||||||||||||
23 | (Source: P.A. 102-291, eff. 8-6-21.) |
| |||||||
| |||||||
1 | (5 ILCS 80/4.39) | ||||||
2 | Sec. 4.39. Acts repealed on January 1, 2029 and December | ||||||
3 | 31, 2029. | ||||||
4 | (a) The following Act is repealed on January 1, 2029: | ||||||
5 | The Environmental Health Practitioner Licensing Act. | ||||||
6 | The Private Detective, Private Alarm, Private | ||||||
7 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
8 | (b) The following Act is repealed on December 31, 2029: | ||||||
9 | The Structural Pest Control Act.
| ||||||
10 | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; | ||||||
11 | 101-81, eff. 7-12-19.) | ||||||
12 | Section 10. The Private Detective, Private Alarm, Private | ||||||
13 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
14 | amended by changing Sections 5-10, 10-5, 10-20, 10-37, 10-45, | ||||||
15 | 15-5, 15-10, 15-15, 15-25, 20-10, 20-15, 20-20, 25-5, 25-10, | ||||||
16 | 25-15, 25-20, 25-30, 30-5, 30-10, 30-15, 30-20, 30-30, 31-5, | ||||||
17 | 31-10, 31-15, 31-20, 35-5, 35-10, 35-15, 35-25, 35-30, 35-35, | ||||||
18 | 35-43, 35-45, 40-5, 40-10, 40-20, 40-25, 40-30, 45-10, 45-15, | ||||||
19 | 45-40, 45-55, 50-5, 50-10, 50-15, 50-20, and 50-45 as follows:
| ||||||
20 | (225 ILCS 447/5-10)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
22 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
23 | "Address of record" means the designated address recorded |
| |||||||
| |||||||
1 | by the Department in the applicant's application file or the | ||||||
2 | licensee's license file, as maintained by the Department's | ||||||
3 | licensure maintenance unit. | ||||||
4 | "Advertisement" means any public media, including printed | ||||||
5 | or electronic material, that is published or displayed in a | ||||||
6 | phone book,
newspaper, magazine, pamphlet, newsletter, | ||||||
7 | website, or other similar type of publication or electronic | ||||||
8 | format
that is
intended to either attract business or merely | ||||||
9 | provide contact information to
the public for
an agency or | ||||||
10 | licensee. Advertisement shall not include a licensee's or an
| ||||||
11 | agency's
letterhead, business cards, or other stationery used | ||||||
12 | in routine business
correspondence or
customary name, address, | ||||||
13 | and number type listings in a telephone directory.
| ||||||
14 | "Alarm system" means any system, including an electronic | ||||||
15 | access control
system, a
surveillance video system, a security | ||||||
16 | video system, a burglar alarm system, a
fire alarm
system, or | ||||||
17 | any other electronic system that activates an audible, | ||||||
18 | visible,
remote, or
recorded signal that is designed for the | ||||||
19 | protection or detection of intrusion,
entry, theft,
fire, | ||||||
20 | vandalism, escape, or trespass, or other electronic systems | ||||||
21 | designed for the protection of life by indicating the | ||||||
22 | existence of an emergency situation. "Alarm system" also | ||||||
23 | includes an emergency communication system and a mass | ||||||
24 | notification system.
| ||||||
25 | "Applicant" means a person or business applying for | ||||||
26 | licensure, registration, or authorization under this Act. Any |
| |||||||
| |||||||
1 | applicant or person who holds oneself himself or herself out | ||||||
2 | as an applicant is considered a licensee or registrant for the | ||||||
3 | purposes of enforcement, investigation, hearings, and the | ||||||
4 | Illinois Administrative Procedure Act. | ||||||
5 | "Armed employee" means a licensee or registered person who | ||||||
6 | is employed by an
agency licensed or an armed proprietary | ||||||
7 | security force registered under this
Act who carries a weapon | ||||||
8 | while engaged in the
performance
of official duties within the | ||||||
9 | course and scope of the employee's his or her employment | ||||||
10 | during
the hours
and times the employee is scheduled to work or | ||||||
11 | is commuting between the employee's his or her
home or
place of | ||||||
12 | employment.
| ||||||
13 | "Armed proprietary security force" means a security force | ||||||
14 | made up of one or
more
armed individuals employed by a | ||||||
15 | commercial or industrial operation or
by a financial | ||||||
16 | institution as security officers
for the
protection of persons | ||||||
17 | or property.
| ||||||
18 | "Board" means the Private Detective, Private Alarm, | ||||||
19 | Private Security, Fingerprint Vendor, and
Locksmith Board.
| ||||||
20 | "Branch office" means a business location removed from the | ||||||
21 | place of business
for which an agency license has been issued, | ||||||
22 | including, but not limited to,
locations where active employee | ||||||
23 | records that are required to be maintained
under this Act are | ||||||
24 | kept, where prospective new
employees
are processed, or where | ||||||
25 | members of the public are invited in to transact
business. A
| ||||||
26 | branch office does not include an office or other facility |
| |||||||
| |||||||
1 | located on the
property of an
existing client that is utilized | ||||||
2 | solely for the benefit of that client and is
not owned or
| ||||||
3 | leased by the agency.
| ||||||
4 | "Canine handler" means a person who uses or handles a | ||||||
5 | trained dog
to protect persons or property or
to conduct | ||||||
6 | investigations. | ||||||
7 | "Canine handler authorization card" means a card issued by | ||||||
8 | the Department that authorizes
the holder to use or handle a | ||||||
9 | trained dog to protect persons or property or to conduct
| ||||||
10 | investigations during the performance of the holder's his or | ||||||
11 | her duties as specified in this Act. | ||||||
12 | "Canine trainer" means a person who acts as a dog trainer | ||||||
13 | for the purpose of training dogs to protect
persons or | ||||||
14 | property or to conduct investigations. | ||||||
15 | "Canine trainer authorization card" means a card issued by | ||||||
16 | the Department that authorizes the
holder to train a dog to | ||||||
17 | protect persons or property or to conduct investigations | ||||||
18 | during the
performance of the holder's his or her duties as | ||||||
19 | specified in this Act. | ||||||
20 | "Canine training facility" means a facility operated by a | ||||||
21 | licensed private detective agency or private
security | ||||||
22 | contractor agency wherein dogs are trained for the purposes of | ||||||
23 | protecting persons or property or to
conduct investigations.
| ||||||
24 | "Corporation" means an artificial person or legal entity | ||||||
25 | created by or under
the
authority of the laws of a state, | ||||||
26 | including without limitation a corporation,
limited liability |
| |||||||
| |||||||
1 | company, or any other legal entity.
| ||||||
2 | "Department" means the Department of Financial and
| ||||||
3 | Professional Regulation.
| ||||||
4 | "Email address of record" means the designated email | ||||||
5 | address recorded by the Department in the applicant's | ||||||
6 | application file or the licensee's license file, as maintained | ||||||
7 | by the Department's licensure maintenance unit. | ||||||
8 | "Emergency communication system" means any system that | ||||||
9 | communicates information about emergencies, including but not | ||||||
10 | limited to fire, terrorist activities, shootings, other | ||||||
11 | dangerous situations, accidents, and natural disasters. | ||||||
12 | "Employee" means a person who works for a person or agency | ||||||
13 | that has the
right to
control the details of the work performed | ||||||
14 | and is not dependent upon whether or
not
federal or state | ||||||
15 | payroll taxes are withheld.
| ||||||
16 | "Fingerprint vendor" means a person that offers, | ||||||
17 | advertises, or provides services to fingerprint individuals, | ||||||
18 | through electronic or other means, for the purpose of | ||||||
19 | providing fingerprint images and associated demographic data | ||||||
20 | to the Illinois State Police for processing fingerprint based | ||||||
21 | criminal history record information inquiries. | ||||||
22 | "Fingerprint vendor agency" means a person, firm, | ||||||
23 | corporation, or other legal entity that engages in the | ||||||
24 | fingerprint vendor business and employs, in addition to the | ||||||
25 | fingerprint vendor licensee-in-charge, at least one other | ||||||
26 | person in conducting that business. |
| |||||||
| |||||||
1 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
2 | has been designated by a fingerprint vendor agency to be the | ||||||
3 | licensee-in-charge of an agency who is a full-time management | ||||||
4 | employee or owner who assumes sole responsibility for | ||||||
5 | maintaining all records required by this Act and who assumes | ||||||
6 | sole responsibility for assuring the licensed agency's | ||||||
7 | compliance with its responsibilities as stated in this Act. | ||||||
8 | The Department shall adopt rules mandating licensee-in-charge | ||||||
9 | participation in agency affairs.
| ||||||
10 | "Fire alarm system" means any system that is activated by | ||||||
11 | an automatic or
manual device in the detection of smoke, heat, | ||||||
12 | or fire that activates an
audible, visible, or
remote signal | ||||||
13 | requiring a response.
| ||||||
14 | "Firearm control card" means a card issued by the | ||||||
15 | Department that
authorizes
the holder, who has complied with | ||||||
16 | the training and other requirements of this Act, to carry a | ||||||
17 | weapon during the performance of the holder's his or her | ||||||
18 | duties as
specified in
this Act.
| ||||||
19 | "Firm" means an unincorporated business entity, including | ||||||
20 | but not limited to
proprietorships and partnerships.
| ||||||
21 | "Licensee" means a person or business licensed under this | ||||||
22 | Act. Anyone who holds oneself himself or herself out as a | ||||||
23 | licensee or who is accused of unlicensed practice is | ||||||
24 | considered a licensee for purposes of enforcement, | ||||||
25 | investigation, hearings, and the Illinois Administrative | ||||||
26 | Procedure Act. |
| |||||||
| |||||||
1 | "Locksmith" means
a person who engages in a business or | ||||||
2 | holds oneself himself out to the public as
providing a service | ||||||
3 | that includes, but is not limited to, the servicing,
| ||||||
4 | installing, originating first keys, re-coding, repairing, | ||||||
5 | maintaining,
manipulating, or bypassing of a mechanical or | ||||||
6 | electronic locking device, access
control or video | ||||||
7 | surveillance system at premises, vehicles, safes, vaults, safe
| ||||||
8 | deposit boxes, or automatic teller machines.
| ||||||
9 | "Locksmith agency" means a person, firm, corporation, or | ||||||
10 | other legal entity
that engages
in the
locksmith business and | ||||||
11 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
12 | least
one other person in conducting such business.
| ||||||
13 | "Locksmith licensee-in-charge" means a person who has been | ||||||
14 | designated by
agency to be the licensee-in-charge of an | ||||||
15 | agency,
who is a
full-time management employee or owner who | ||||||
16 | assumes sole responsibility
for
maintaining all records | ||||||
17 | required by this Act, and who assumes sole
responsibility for
| ||||||
18 | assuring the licensed agency's compliance with its | ||||||
19 | responsibilities as stated
in this Act. The Department shall | ||||||
20 | adopt rules mandating licensee-in-charge
participation in | ||||||
21 | agency affairs.
| ||||||
22 | "Mass notification system" means any system that is used | ||||||
23 | to provide information and instructions to people in a | ||||||
24 | building or other space using voice communications, including | ||||||
25 | visible signals, text, graphics, tactile, or other | ||||||
26 | communication methods. |
| |||||||
| |||||||
1 | "Peace officer" or "police officer" means a person who, by | ||||||
2 | virtue of office
or
public
employment, is vested by law with a | ||||||
3 | duty to maintain public order or to make
arrests for
offenses, | ||||||
4 | whether that duty extends to all offenses or is limited to | ||||||
5 | specific
offenses.
Officers, agents, or employees of the | ||||||
6 | federal government commissioned by
federal
statute
to make | ||||||
7 | arrests for violations of federal laws are considered peace | ||||||
8 | officers.
| ||||||
9 | "Permanent employee registration card" means a card issued | ||||||
10 | by the Department
to an
individual who has applied to the | ||||||
11 | Department and meets the requirements for
employment by a | ||||||
12 | licensed agency under this Act.
| ||||||
13 | "Person" means a natural person.
| ||||||
14 | "Private alarm contractor" means a person who engages in a | ||||||
15 | business that
individually or through others undertakes, | ||||||
16 | offers to undertake, purports to
have the
capacity to | ||||||
17 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
18 | maintain, test, inspect,
alter, repair,
replace, or service | ||||||
19 | alarm and other security-related systems or parts thereof,
| ||||||
20 | including fire
alarm systems, at protected premises or | ||||||
21 | premises to be protected or responds to
alarm
systems at a | ||||||
22 | protected premises on an emergency basis and not as a | ||||||
23 | full-time
security officer. "Private alarm contractor" does | ||||||
24 | not include a person, firm,
or
corporation that
manufactures | ||||||
25 | or sells alarm systems
only from its place of business and does | ||||||
26 | not sell, install, monitor, maintain,
alter, repair, replace, |
| |||||||
| |||||||
1 | service, or respond to alarm systems at protected
premises or | ||||||
2 | premises to be protected.
| ||||||
3 | "Private alarm contractor agency" means a person, | ||||||
4 | corporation, or other
entity
that
engages in the private alarm | ||||||
5 | contracting business and employs, in addition to
the private
| ||||||
6 | alarm contractor-in-charge, at least one other person in | ||||||
7 | conducting such
business.
| ||||||
8 | "Private alarm contractor licensee-in-charge" means a | ||||||
9 | person who has been
designated by an
agency to be the | ||||||
10 | licensee-in-charge of an agency, who is a full-time management
| ||||||
11 | employee or owner who
assumes sole
responsibility for | ||||||
12 | maintaining all records required by this Act, and who
assumes
| ||||||
13 | sole
responsibility for assuring the licensed agency's | ||||||
14 | compliance with its
responsibilities as
stated in this Act.
| ||||||
15 | The Department shall adopt rules mandating licensee-in-charge | ||||||
16 | participation in
agency affairs.
| ||||||
17 | "Private detective" means any person who by any means, | ||||||
18 | including, but not
limited to, manual, canine odor detection,
| ||||||
19 | or electronic methods, engages in the business of, accepts
| ||||||
20 | employment
to furnish, or agrees to make or makes | ||||||
21 | investigations for a fee or other
consideration to
obtain | ||||||
22 | information relating to:
| ||||||
23 | (1) Crimes or wrongs done or threatened against the | ||||||
24 | United States, any
state or
territory of the United | ||||||
25 | States, or any local government of a state or
territory.
| ||||||
26 | (2) The identity, habits, conduct, business |
| |||||||
| |||||||
1 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
2 | trustworthiness, efficiency, loyalty, activity,
| ||||||
3 | movements, whereabouts, affiliations, associations, | ||||||
4 | transactions, acts,
reputation, or character of any | ||||||
5 | person, firm, or other entity by any means,
manual or | ||||||
6 | electronic.
| ||||||
7 | (3) The location, disposition, or recovery of lost or | ||||||
8 | stolen property.
| ||||||
9 | (4) The cause, origin, or responsibility for fires, | ||||||
10 | accidents, or injuries
to
individuals or real or personal | ||||||
11 | property.
| ||||||
12 | (5) The truth or falsity of any statement or | ||||||
13 | representation.
| ||||||
14 | (6) Securing evidence to be used before any court, | ||||||
15 | board, or investigating
body.
| ||||||
16 | (7) The protection of individuals from bodily harm or | ||||||
17 | death (bodyguard
functions).
| ||||||
18 | (8) Service of process in criminal and civil | ||||||
19 | proceedings.
| ||||||
20 | "Private detective agency" means a person, firm, | ||||||
21 | corporation, or other legal
entity that engages
in the
private | ||||||
22 | detective business and employs, in addition to the | ||||||
23 | licensee-in-charge,
one or more
persons in conducting such | ||||||
24 | business.
| ||||||
25 | "Private detective licensee-in-charge" means a person who | ||||||
26 | has been designated
by an agency
to be the licensee-in-charge |
| |||||||
| |||||||
1 | of an
agency,
who is a full-time management employee or owner
| ||||||
2 | who assumes sole
responsibility
for
maintaining all records | ||||||
3 | required by this Act, and who assumes sole
responsibility
for | ||||||
4 | assuring
the licensed agency's compliance with its | ||||||
5 | responsibilities as stated in this
Act. The Department shall | ||||||
6 | adopt rules mandating licensee-in-charge
participation in | ||||||
7 | agency affairs.
| ||||||
8 | "Private security contractor" means a person who engages | ||||||
9 | in the business of
providing a private security officer, | ||||||
10 | watchman, patrol, guard dog, canine odor detection, or a | ||||||
11 | similar service by
any other
title or name on a contractual | ||||||
12 | basis for another person, firm, corporation, or
other entity
| ||||||
13 | for a fee or other consideration and performing one or more of | ||||||
14 | the following
functions:
| ||||||
15 | (1) The prevention or detection of intrusion, entry, | ||||||
16 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
17 | governmental property.
| ||||||
18 | (2) The prevention, observation, or detection of any | ||||||
19 | unauthorized activity
on
private or governmental property.
| ||||||
20 | (3) The protection of persons authorized to be on the | ||||||
21 | premises of the
person,
firm, or other entity for which | ||||||
22 | the security contractor contractually provides
security | ||||||
23 | services.
| ||||||
24 | (4) The prevention of the misappropriation or | ||||||
25 | concealment of goods, money,
bonds, stocks, notes, | ||||||
26 | documents, or papers.
|
| |||||||
| |||||||
1 | (5) The control, regulation, or direction of the | ||||||
2 | movement of the public
for
the
time specifically required | ||||||
3 | for the protection of property owned or controlled
by the | ||||||
4 | client.
| ||||||
5 | (6) The protection of individuals from bodily harm or | ||||||
6 | death (bodyguard
functions).
| ||||||
7 | "Private security contractor agency" means a person, firm, | ||||||
8 | corporation, or
other legal entity that
engages in
the private | ||||||
9 | security contractor business and that employs, in addition to | ||||||
10 | the
licensee-in-charge, one or more persons in conducting such | ||||||
11 | business.
| ||||||
12 | "Private security contractor licensee-in-charge" means a | ||||||
13 | person who has been
designated by an agency to be the
| ||||||
14 | licensee-in-charge of an
agency, who is a full-time management | ||||||
15 | employee or owner
who assumes sole responsibility for | ||||||
16 | maintaining all records required by this
Act, and who
assumes | ||||||
17 | sole responsibility for assuring the licensed agency's | ||||||
18 | compliance with
its
responsibilities as
stated in this Act. | ||||||
19 | The Department shall adopt rules mandating
licensee-in-charge | ||||||
20 | participation in agency affairs.
| ||||||
21 | "Public member" means a person who is not a licensee or | ||||||
22 | related to a
licensee, or who is not an employer or employee of | ||||||
23 | a licensee. The term
"related to" shall be determined by the | ||||||
24 | rules of the Department.
| ||||||
25 | "Secretary" means the Secretary of the Department of | ||||||
26 | Financial and Professional Regulation.
|
| |||||||
| |||||||
1 | (Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
2 | 102-813, eff. 5-13-22.)
| ||||||
3 | (225 ILCS 447/10-5)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
5 | Sec. 10-5. Requirement of license.
| ||||||
6 | (a) It is unlawful for a person to act as or provide the | ||||||
7 | functions of a
private detective, private security contractor, | ||||||
8 | private alarm contractor, fingerprint vendor, or
locksmith or | ||||||
9 | to advertise or to assume to act as any one of these, or to use
| ||||||
10 | these or any other title implying that the person is engaged in | ||||||
11 | any of these
activities unless licensed as such by the | ||||||
12 | Department. An individual or sole
proprietor who does not | ||||||
13 | employ any employees other than himself or herself may
operate | ||||||
14 | under a "doing business as" or assumed name certification | ||||||
15 | without
having to obtain an agency license, so long as the | ||||||
16 | assumed name is first
registered with the Department.
| ||||||
17 | (b) It is unlawful for a person, firm, corporation, or | ||||||
18 | other legal entity
to act as an agency licensed under this Act, | ||||||
19 | to advertise, or to assume to
act as a licensed agency or to | ||||||
20 | use a title implying that the person, firm, or
other entity is | ||||||
21 | engaged in the practice as a private detective agency, private
| ||||||
22 | security contractor agency, private alarm contractor agency, | ||||||
23 | fingerprint vendor agency, or locksmith
agency unless licensed | ||||||
24 | by the Department.
| ||||||
25 | (c) No agency shall operate a branch office without first |
| |||||||
| |||||||
1 | applying for and
receiving a branch office license for each | ||||||
2 | location.
| ||||||
3 | (d) It Beginning 12 months after the adoption of rules | ||||||
4 | providing for the licensure of fingerprint vendors under this | ||||||
5 | Act, it is unlawful for a person to operate live scan | ||||||
6 | fingerprint equipment or other equipment designed to obtain | ||||||
7 | fingerprint images for the purpose of providing fingerprint | ||||||
8 | images and associated demographic data to the Illinois State | ||||||
9 | Police, unless the person he or she has successfully completed | ||||||
10 | a fingerprint training course conducted or authorized by the | ||||||
11 | Illinois State Police and is licensed as a fingerprint vendor.
| ||||||
12 | (e) No Beginning 12 months after the adoption of rules | ||||||
13 | providing for the licensure of canine handlers and canine | ||||||
14 | trainers under this Act, no person shall operate a canine | ||||||
15 | training facility unless licensed as a private detective
| ||||||
16 | agency or private security contractor agency under this Act, | ||||||
17 | and no person shall act as a canine trainer unless the person | ||||||
18 | he or she is licensed as a private detective or private | ||||||
19 | security contractor or is a registered employee of a private | ||||||
20 | detective agency or private security contractor agency | ||||||
21 | approved by the Department. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
23 | (225 ILCS 447/10-20)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
25 | Sec. 10-20. Application for license; forms.
|
| |||||||
| |||||||
1 | (a) Each license application shall be on forms provided by | ||||||
2 | the Department.
| ||||||
3 | (b) Application for a license by endorsement shall be
made
| ||||||
4 | in accordance with the provisions of Section 10-40.
| ||||||
5 | (c) Every application for an original license shall
| ||||||
6 | include the
applicant's Social Security number or federal | ||||||
7 | individual taxpayer identification number , which shall be | ||||||
8 | retained in the agency's records pertaining to the license. As | ||||||
9 | soon as practical, the Department shall assign a customer's | ||||||
10 | identification number to each applicant for a license. | ||||||
11 | Every application for a renewal or restored license shall | ||||||
12 | require the applicant's customer identification number.
| ||||||
13 | (Source: P.A. 97-400, eff. 1-1-12 .)
| ||||||
14 | (225 ILCS 447/10-37) | ||||||
15 | (Section scheduled to be repealed on January 1, 2024) | ||||||
16 | Sec. 10-37. Address of record ; email address of record . | ||||||
17 | All applicants and licensees shall: | ||||||
18 | (1) provide a valid address and email address to the | ||||||
19 | Department, which serves as the address of record and | ||||||
20 | email address of record, respectively, at the time of | ||||||
21 | application for licensure or renewal of a license; and | ||||||
22 | (2) It is the duty of the applicant or licensee to | ||||||
23 | inform the Department of any change of address within 14 | ||||||
24 | days after such change either through the Department's | ||||||
25 | website or by contacting the Department's licensure |
| |||||||
| |||||||
1 | maintenance unit.
| ||||||
2 | (Source: P.A. 96-1445, eff. 8-20-10 .)
| ||||||
3 | (225 ILCS 447/10-45)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
5 | Sec. 10-45. Emergency care without a fee. A license
| ||||||
6 | holder, agency, or registered employee of a private security
| ||||||
7 | contractor, as defined in Section 5-10 of this Act, who in
good | ||||||
8 | faith provides emergency care without fee to any person
or | ||||||
9 | takes actions in good faith that directly relate to the
| ||||||
10 | employee's job responsibilities to protect people and
| ||||||
11 | property, as defined by the areas in which registered security
| ||||||
12 | officers receive training under Sections 20-20 and 25-20 shall
| ||||||
13 | not, as a result of those his or her acts or omissions, except
| ||||||
14 | willful and wanton misconduct, in providing the care, be
| ||||||
15 | liable to a person to whom such care is provided for civil
| ||||||
16 | damages.
| ||||||
17 | (Source: P.A. 93-438, eff. 8-5-03 .)
| ||||||
18 | (225 ILCS 447/15-5)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
20 | Sec. 15-5. Exemptions; private detective. The provisions
| ||||||
21 | of this Act relating to the licensure of private detectives do
| ||||||
22 | not apply to any of the following:
| ||||||
23 | (1) An employee of the United States, Illinois, or a
| ||||||
24 | political subdivision of either while the employee is |
| |||||||
| |||||||
1 | engaged
in the performance of the employee's his or her | ||||||
2 | official duties within the
scope of the employee's his or | ||||||
3 | her employment. However, any such person who
offers his or | ||||||
4 | her services as a private detective or uses a
similar | ||||||
5 | title when these services are performed for
compensation | ||||||
6 | or other consideration, whether received directly
or | ||||||
7 | indirectly, is subject to this Act.
| ||||||
8 | (2) A person, firm, or other entity engaged | ||||||
9 | exclusively
in tracing and compiling lineage or ancestry | ||||||
10 | who does not hold
oneself himself or herself out to be a | ||||||
11 | private detective.
| ||||||
12 | (3) A person engaged exclusively in obtaining and
| ||||||
13 | furnishing information, including providing reports, as to | ||||||
14 | the financial rating or creditworthiness of
persons in
| ||||||
15 | connection with (i) consumer credit transactions, (ii)
| ||||||
16 | information for employment purposes, or (iii) information | ||||||
17 | for
the underwriting of consumer insurance.
| ||||||
18 | (4) Insurance adjusters employed or under contract as
| ||||||
19 | adjusters who engage in no other investigative activities
| ||||||
20 | other than those directly connected with adjustment of | ||||||
21 | claims
against an insurance company or a self-insured | ||||||
22 | entity by which
they are employed or with which they have a | ||||||
23 | contract. No
insurance adjuster or company may use the | ||||||
24 | term "investigation"
or any derivative thereof, in its | ||||||
25 | name or in its advertising.
| ||||||
26 | (5) A person, firm, or other entity engaged in
|
| |||||||
| |||||||
1 | providing computer forensics services so long as the
| ||||||
2 | person, firm, or other entity does not hold oneself | ||||||
3 | himself or
herself out to be a private detective. For the | ||||||
4 | purposes of
this item (5), "computer forensics services" | ||||||
5 | means a
branch of forensic science pertaining to the | ||||||
6 | recovery and
analysis of electronically stored | ||||||
7 | information. | ||||||
8 | (6) A person employed as an investigator exclusively
| ||||||
9 | by only one employer in connection with the exclusive
| ||||||
10 | activities of that employer and who does not hold oneself | ||||||
11 | himself
or herself out to be a private detective. | ||||||
12 | (7) A person appointed by the circuit court pursuant | ||||||
13 | to the Code of Civil Procedure to make service of process | ||||||
14 | in a specific case, provided that such person is not
| ||||||
15 | otherwise engaged in the business of serving process. | ||||||
16 | (8) A person appointed by the circuit court pursuant
| ||||||
17 | to the Code of Civil Procedure who is an honorably
| ||||||
18 | discharged veteran of the armed forces of the United | ||||||
19 | States and is self-employed as a process server. | ||||||
20 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
21 | (225 ILCS 447/15-10)
| ||||||
22 | (Section scheduled to be repealed January 1, 2024)
| ||||||
23 | Sec. 15-10. Qualifications for licensure as a private
| ||||||
24 | detective. | ||||||
25 | (a) A person is qualified for licensure as a private
|
| |||||||
| |||||||
1 | detective if the person he or she meets all of the following
| ||||||
2 | requirements:
| ||||||
3 | (1) Is at least 21 years of age.
| ||||||
4 | (2) Has not been convicted of any felony in any
| ||||||
5 | jurisdiction or at least 10 years have elapsed since the | ||||||
6 | time
of full discharge from a sentence imposed for a | ||||||
7 | felony
conviction.
| ||||||
8 | (3) Is of good moral character. Good character is
a | ||||||
9 | continuing requirement of licensure. Conviction of crimes
| ||||||
10 | other than felonies may be used in determining moral
| ||||||
11 | character, but shall not constitute an absolute bar to
| ||||||
12 | licensure, except where the applicant is a registered sex | ||||||
13 | offender.
| ||||||
14 | (4) Has not been declared by any court of competent
| ||||||
15 | jurisdiction to be incompetent by reason of mental or | ||||||
16 | physical
defect or disease, unless a court has | ||||||
17 | subsequently declared
him or her to be competent.
| ||||||
18 | (5) Is not suffering from dependence on alcohol or
| ||||||
19 | from narcotic addiction or dependence.
| ||||||
20 | (6) Has a minimum of 3 years experience of the 5
years | ||||||
21 | immediately preceding application working full-time for
a | ||||||
22 | licensed private detective agency as a registered private
| ||||||
23 | detective agency employee or with 3 years experience of | ||||||
24 | the 5
years immediately preceding his or her application | ||||||
25 | employed as
a full-time investigator for a licensed | ||||||
26 | attorney, for an in-house investigative unit for a |
| |||||||
| |||||||
1 | corporation having 100 or more employees, for any of the | ||||||
2 | armed forces of the United States, or in a law
enforcement | ||||||
3 | agency of the federal government, a state, or a state | ||||||
4 | political
subdivision, which shall include a state's | ||||||
5 | attorney's office
or a public defender's office. The Board | ||||||
6 | and the Department
shall approve such full-time | ||||||
7 | investigator experience and may accept, in lieu of the | ||||||
8 | experience requirement in this item (6), alternative | ||||||
9 | experience working full-time for a private detective | ||||||
10 | agency licensed in another state or for a private | ||||||
11 | detective agency in a state that does not license such | ||||||
12 | agencies if the experience is substantially equivalent to | ||||||
13 | that gained working for an Illinois licensed private | ||||||
14 | detective agency. An
applicant who has a baccalaureate | ||||||
15 | degree, or higher, in law
enforcement or a related field | ||||||
16 | or a business degree from an
accredited college or | ||||||
17 | university shall be given credit for 2
of the 3 years of | ||||||
18 | the required experience. An applicant who
has an associate | ||||||
19 | degree in law enforcement or in a related
field or in | ||||||
20 | business from an accredited college or university
shall be | ||||||
21 | given credit for one of the 3 years of the required
| ||||||
22 | experience. An applicant who has completed a non-degree
| ||||||
23 | military training program in law enforcement or a
related | ||||||
24 | field shall be given credit for one of the 3 years
of the | ||||||
25 | required experience if the Board and the Department
| ||||||
26 | determine that such training is substantially equivalent
|
| |||||||
| |||||||
1 | to that received in an associate degree program.
| ||||||
2 | (7) Has not been dishonorably discharged from the
| ||||||
3 | armed forces of the United States or has not been | ||||||
4 | discharged
from a law enforcement agency of the United | ||||||
5 | States or of any
state or of any political subdivision | ||||||
6 | thereof, which shall
include a state's attorney's office, | ||||||
7 | for reasons relating to his
or her conduct as an employee | ||||||
8 | of that law enforcement agency.
| ||||||
9 | (8) Has passed an examination authorized by the
| ||||||
10 | Department.
| ||||||
11 | (9) Submits the applicant's his or her fingerprints, | ||||||
12 | proof of having
general liability insurance required under | ||||||
13 | subsection (b), and
the required license fee.
| ||||||
14 | (10) Has not violated Section 10-5 of this Act.
| ||||||
15 | (b) It is the responsibility of the applicant to obtain
| ||||||
16 | general liability insurance in an amount and coverage
| ||||||
17 | appropriate for the applicant's circumstances as determined by
| ||||||
18 | rule. The applicant shall provide evidence of insurance to
the | ||||||
19 | Department before being issued a license. Failure to
maintain | ||||||
20 | general liability insurance and to provide the
Department with | ||||||
21 | written proof of the insurance shall result in
cancellation of | ||||||
22 | the license without hearing.
| ||||||
23 | (c) (Blank). Any person who has been providing canine odor | ||||||
24 | detection services for hire prior to January 1, 2005 is exempt | ||||||
25 | from the requirements of item (6) of subsection (a) of this | ||||||
26 | Section and may be granted a private detective license if (i) |
| |||||||
| |||||||
1 | he or she meets the requirements of items (1) through (5) and | ||||||
2 | items (7) through (10) of subsection (a) of this Section, (ii) | ||||||
3 | pays all applicable fees, and (iii) presents satisfactory | ||||||
4 | evidence to the Department of the provision of canine odor | ||||||
5 | detection services for hire since January 1, 2005.
| ||||||
6 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
7 | (225 ILCS 447/15-15)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
9 | Sec. 15-15. Qualifications for licensure as a private
| ||||||
10 | detective agency. | ||||||
11 | (a) Upon receipt of the required fee and proof that the
| ||||||
12 | applicant has a full-time Illinois licensed private detective | ||||||
13 | licensee-in-charge, which
is a continuing requirement for | ||||||
14 | agency
licensure, the Department shall issue a
license as a | ||||||
15 | private detective agency to any of the following:
| ||||||
16 | (1) An individual who submits an application and is
a | ||||||
17 | licensed private detective under this Act.
| ||||||
18 | (2) A firm that submits an application and all of
the | ||||||
19 | members of the firm are licensed private detectives under
| ||||||
20 | this Act.
| ||||||
21 | (3) A corporation or limited liability company
doing | ||||||
22 | business in Illinois that is authorized to engage in the | ||||||
23 | business of
conducting a private detective agency, | ||||||
24 | provided at least one
full-time executive employee is | ||||||
25 | licensed as a private
detective under this Act and all |
| |||||||
| |||||||
1 | unlicensed
officers and directors of the corporation or | ||||||
2 | limited liability
company are determined by the Department | ||||||
3 | to be persons of good
moral character.
| ||||||
4 | (b) No private detective may be the licensee-in-charge
for | ||||||
5 | more than one private detective agency. Upon written
request | ||||||
6 | by a representative of an agency, within 10 days after
the loss | ||||||
7 | of a licensee-in-charge of an agency because of the
death of | ||||||
8 | that individual or because of the termination of the
| ||||||
9 | employment of that individual, the Department shall issue a
| ||||||
10 | temporary certificate of authority allowing the continuing
| ||||||
11 | operation of the licensed agency. No temporary certificate of
| ||||||
12 | authority shall be valid for more than 90 days. An extension
of | ||||||
13 | an additional 90 days may be granted upon written request
by | ||||||
14 | the representative of the agency. Not more than 2
extensions | ||||||
15 | may be granted to any agency. No temporary permit
shall be | ||||||
16 | issued for a loss of the licensee-in-charge because
of | ||||||
17 | disciplinary action by the Department related to
the | ||||||
18 | licensee-in-charge's his or her conduct on behalf of the | ||||||
19 | agency.
| ||||||
20 | (c) Upon issuance of the temporary certificate of | ||||||
21 | authority as provided for in subsection (b) of this Section, | ||||||
22 | and at any time thereafter while the temporary certificate of | ||||||
23 | authority is in effect, the Department may request in writing | ||||||
24 | additional information from the agency regarding the loss of | ||||||
25 | its licensee-in-charge, the selection of a new | ||||||
26 | licensee-in-charge, and the management of the agency. Failure |
| |||||||
| |||||||
1 | of the
agency to respond or respond to the satisfaction of the
| ||||||
2 | Department shall cause the Department to deny any extension
of | ||||||
3 | the temporary certificate of authority. While the
temporary | ||||||
4 | certificate of authority is in effect, the
Department may | ||||||
5 | disapprove the selection of a new licensee-in-charge
by the | ||||||
6 | agency if the person's license is not operative
or the | ||||||
7 | Department has good cause to believe that the person
selected | ||||||
8 | will not fully exercise the responsibilities of a
| ||||||
9 | licensee-in-charge. If the Department has disapproved the
| ||||||
10 | selection of a new licensee-in-charge and the temporary
| ||||||
11 | certificate of authority expires or is about to expire
without | ||||||
12 | the agency selecting another new licensee-in-charge,
the | ||||||
13 | Department shall grant an extension of the temporary
| ||||||
14 | certificate of authority for an additional 90 days, except as
| ||||||
15 | otherwise prohibited in subsection (b) or this subsection (c). | ||||||
16 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
17 | (225 ILCS 447/15-25)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
19 | Sec. 15-25. Training; private detective and employees.
| ||||||
20 | (a) Registered employees of a private detective agency
| ||||||
21 | shall complete, within 30 days of their employment, a minimum
| ||||||
22 | of 20 hours of basic training provided by a qualified | ||||||
23 | instructor.
The substance of the training shall be related to | ||||||
24 | the work
performed by the registered employee. The training | ||||||
25 | may be classroom-based or online Internet-based but shall not |
| |||||||
| |||||||
1 | be conducted as on-the-job training.
| ||||||
2 | (a-5) In addition to the basic training required in | ||||||
3 | subsection (a), registered employees of a private detective | ||||||
4 | agency shall complete an additional minimum of 8 hours of | ||||||
5 | annual training for every calendar year, commencing with the | ||||||
6 | calendar year beginning after the employee's hire date. | ||||||
7 | (a-10) Annual training for registered employees shall be | ||||||
8 | based on subjects related to the work performed as determined | ||||||
9 | by the employer and may be conducted in a classroom or seminar | ||||||
10 | setting or via Internet-based online learning programs. Annual | ||||||
11 | training may not be conducted as on-the-job training. | ||||||
12 | (b) It is the responsibility of the employer to certify,
| ||||||
13 | on a form provided by the Department, that the employee has
| ||||||
14 | successfully completed the basic and annual training. The | ||||||
15 | original form or a copy shall be a
permanent record of training | ||||||
16 | completed by the employee and
shall be placed in the | ||||||
17 | employee's file with the employer for
the period the employee | ||||||
18 | remains with the employer. The original form or a copy shall be | ||||||
19 | given to the employee when
the employee's his or her | ||||||
20 | employment is terminated. Failure to return the
original form | ||||||
21 | or a copy to the employee is grounds for disciplinary
action. | ||||||
22 | The employee shall not be required to repeat the
required | ||||||
23 | training once the employee has been issued the form.
An | ||||||
24 | employer may provide or require additional training.
| ||||||
25 | (c) (Blank).
| ||||||
26 | (d) All private detectives shall complete a minimum of 8 |
| |||||||
| |||||||
1 | hours of annual training on a topic of their choosing, | ||||||
2 | provided that the subject matter is reasonably related to | ||||||
3 | their private detective practice. The annual training for | ||||||
4 | private detectives may be completed utilizing any combination | ||||||
5 | of hours obtained in a classroom or seminar setting or via | ||||||
6 | Internet-based online learning programs. The Department shall | ||||||
7 | adopt rules to administer this subsection. | ||||||
8 | (e) The annual training requirements for private | ||||||
9 | detectives shall not apply until the calendar year following | ||||||
10 | the issuance of the private detective license. | ||||||
11 | (f) It shall be the responsibility of the private | ||||||
12 | detective to keep and maintain a personal log of all training | ||||||
13 | hours earned along with sufficient documentation for the | ||||||
14 | Department to verify the annual training completed for at | ||||||
15 | least 5 years. The personal training log and documentation | ||||||
16 | shall be provided to the Department in the same manner as other | ||||||
17 | documentation and records required under this Act. | ||||||
18 | (g) If the private detective owns or is employed by a | ||||||
19 | private detective agency, the private detective agency shall | ||||||
20 | maintain a record of the annual training. The private | ||||||
21 | detective agency must make the record of annual training | ||||||
22 | available to the Department upon request. | ||||||
23 | (h) Recognizing the diverse professional practices of | ||||||
24 | private detectives licensed under this Act, it is the intent | ||||||
25 | of the training requirements in this Section to allow for a | ||||||
26 | broad interpretation of the coursework, seminar subjects, or |
| |||||||
| |||||||
1 | class topics to be considered reasonably related to the | ||||||
2 | practice of any profession licensed under this Act. | ||||||
3 | (i) Notwithstanding any other professional license a | ||||||
4 | private detective holds under this Act, no more than 8 hours of | ||||||
5 | annual training shall be required for any one year. | ||||||
6 | (Source: P.A. 102-152, eff. 1-1-22 .)
| ||||||
7 | (225 ILCS 447/20-10)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
9 | Sec. 20-10. Qualifications for licensure as a private
| ||||||
10 | alarm contractor. | ||||||
11 | (a) A person is qualified for licensure as a private
alarm | ||||||
12 | contractor if the person he or she meets all of the following
| ||||||
13 | requirements:
| ||||||
14 | (1) Is at least 21 years of age.
| ||||||
15 | (2) Has not been convicted of any felony in any
| ||||||
16 | jurisdiction or at least 10 years have elapsed since the | ||||||
17 | time
of full discharge from a sentence imposed for a | ||||||
18 | felony
conviction.
| ||||||
19 | (3) Is of good moral character. Good moral
character | ||||||
20 | is a continuing requirement of licensure.
Conviction of | ||||||
21 | crimes other than felonies may be used in
determining | ||||||
22 | moral character, but shall not constitute an
absolute bar | ||||||
23 | to licensure, except where the applicant is a registered | ||||||
24 | sex offender.
| ||||||
25 | (4) Has not been declared by any court of competent
|
| |||||||
| |||||||
1 | jurisdiction to be incompetent by reason of mental or | ||||||
2 | physical
defect or disease, unless a court has | ||||||
3 | subsequently declared
him or her to be competent.
| ||||||
4 | (5) Is not suffering from dependence on alcohol or
| ||||||
5 | from narcotic addiction or dependence.
| ||||||
6 | (6) Has a minimum of 3 years experience during the 5
| ||||||
7 | years immediately preceding the application (i) working as | ||||||
8 | a full-time
manager for a licensed private alarm | ||||||
9 | contractor agency or (ii) working for
a government, one of | ||||||
10 | the armed forces of the United States, or private entity | ||||||
11 | that inspects, reviews, designs, sells, installs, | ||||||
12 | operates, services, or monitors
alarm systems that, in the | ||||||
13 | judgment of the Board, satisfies
the standards of alarm | ||||||
14 | industry competence. The Board and the Department may
| ||||||
15 | accept, in lieu of the experience requirement in this
item | ||||||
16 | (6), alternative experience working as a full-time
manager | ||||||
17 | for a private alarm contractor agency licensed in
another | ||||||
18 | state or for a private alarm contractor agency in
a state | ||||||
19 | that does not license such agencies, if the
experience is | ||||||
20 | substantially equivalent to that
gained working for an | ||||||
21 | Illinois licensed private alarm
contractor agency. An | ||||||
22 | applicant who
has received a 4-year degree or higher in | ||||||
23 | electrical
engineering or a related field from a program | ||||||
24 | approved by the
Board or a business degree from an | ||||||
25 | accredited college or university shall be given credit for | ||||||
26 | 2 years of the required
experience. An applicant who has |
| |||||||
| |||||||
1 | successfully completed a
national certification program | ||||||
2 | approved by the Board shall be
given credit for one year of | ||||||
3 | the required experience.
| ||||||
4 | (7) Has not been dishonorably discharged from the
| ||||||
5 | armed forces of the United States.
| ||||||
6 | (8) Has passed an examination authorized by the
| ||||||
7 | Department.
| ||||||
8 | (9) Submits the applicant's his or her fingerprints, | ||||||
9 | proof of
having general liability insurance required under | ||||||
10 | subsection
(c), and the required license fee.
| ||||||
11 | (10) Has not violated Section 10-5 of this Act.
| ||||||
12 | (b) (Blank).
| ||||||
13 | (c) It is the responsibility of the applicant to obtain
| ||||||
14 | general liability insurance in an amount and coverage
| ||||||
15 | appropriate for the applicant's circumstances as determined by
| ||||||
16 | rule. The applicant shall provide evidence of insurance to
the | ||||||
17 | Department before being issued a license. Failure to
maintain | ||||||
18 | general liability insurance and to provide the
Department with | ||||||
19 | written proof of the insurance shall result in
cancellation of | ||||||
20 | the license without hearing.
| ||||||
21 | (Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
| ||||||
22 | (225 ILCS 447/20-15)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
24 | Sec. 20-15. Qualifications for licensure as a private
| ||||||
25 | alarm contractor agency. |
| |||||||
| |||||||
1 | (a) Upon receipt of the required fee and proof that the
| ||||||
2 | applicant has a full-time Illinois licensed private alarm
| ||||||
3 | contractor licensee-in-charge, which is a continuing | ||||||
4 | requirement for
agency licensure, the Department shall issue
a | ||||||
5 | license as a private alarm contractor agency to
any of the | ||||||
6 | following:
| ||||||
7 | (1) An individual who submits an application and is
a | ||||||
8 | licensed private alarm contractor under this Act.
| ||||||
9 | (2) A firm that submits an application and all of
the | ||||||
10 | members of the firm are licensed private alarm
contractors | ||||||
11 | under this Act.
| ||||||
12 | (3) A corporation or limited liability company
doing | ||||||
13 | business in Illinois that is authorized by its articles
of | ||||||
14 | incorporation or organization to engage in the business of
| ||||||
15 | conducting a private alarm contractor agency if at least | ||||||
16 | one
executive employee is licensed as a private alarm | ||||||
17 | contractor
under this Act and all unlicensed officers and | ||||||
18 | directors of
the corporation or limited liability company | ||||||
19 | are determined by
the Department to be persons of good | ||||||
20 | moral character.
| ||||||
21 | (b) No private alarm contractor may be the | ||||||
22 | licensee-in-charge for more than one private alarm
contractor | ||||||
23 | agency. Upon written request by a representative
of an agency, | ||||||
24 | within 10 days after the loss of a licensee-in-charge of an | ||||||
25 | agency because of the
death of that individual or because of | ||||||
26 | the termination of the
employment of that individual, the |
| |||||||
| |||||||
1 | Department shall issue a
temporary certificate of authority | ||||||
2 | allowing the continuing
operation of the licensed agency. No | ||||||
3 | temporary certificate of
authority shall be valid for more | ||||||
4 | than 90 days. An extension
of an additional 90 days may be | ||||||
5 | granted upon written request
by the representative of the | ||||||
6 | agency. Not more than 2
extensions may be granted to any | ||||||
7 | agency. No temporary permit
shall be issued for loss of the | ||||||
8 | licensee-in-charge because of
disciplinary action by the | ||||||
9 | Department related to
the licensee-in-charge's his or her | ||||||
10 | conduct on behalf of the agency.
| ||||||
11 | (c) No private alarm contractor, private alarm
contractor | ||||||
12 | agency, or person may install or connect an alarm
system or | ||||||
13 | fire alarm system that connects automatically and
directly to | ||||||
14 | a governmentally operated police or fire dispatch
system in a | ||||||
15 | manner that violates subsection (a) of Section
15.2 of the | ||||||
16 | Emergency Telephone System Act. In addition to
the penalties | ||||||
17 | provided by the Emergency Telephone System Act,
a private | ||||||
18 | alarm contractor agency that violates this Section
shall pay | ||||||
19 | the Department an additional penalty of $250 per
occurrence.
| ||||||
20 | (d) Upon issuance of the temporary certificate of
| ||||||
21 | authority as provided for in subsection (b) of this Section
| ||||||
22 | and at any time thereafter while the temporary certificate of
| ||||||
23 | authority is in effect, the Department may request in writing
| ||||||
24 | additional information from the agency regarding the loss of
| ||||||
25 | its licensee-in-charge, the selection of a new | ||||||
26 | licensee-in-charge,
and the management of the agency. Failure |
| |||||||
| |||||||
1 | of the
agency to respond or respond to the satisfaction of the
| ||||||
2 | Department shall cause the Department to deny any extension of
| ||||||
3 | the temporary certificate of authority. While the temporary
| ||||||
4 | certificate of authority is in effect, the Department may
| ||||||
5 | disapprove the selection of a new licensee-in-charge by the
| ||||||
6 | agency if the person's license is not operative or the
| ||||||
7 | Department has good cause to believe that the person selected
| ||||||
8 | will not fully exercise the responsibilities of a | ||||||
9 | licensee-in-charge.
If the Department has disapproved the | ||||||
10 | selection of another
new licensee-in-charge and the temporary | ||||||
11 | certificate of
authority expires or is about to expire without | ||||||
12 | the agency
selecting a new licensee-in-charge, the Department | ||||||
13 | shall
grant an extension of the temporary certificate of | ||||||
14 | authority
for an additional 90 days, except as otherwise | ||||||
15 | prohibited in
subsection (b) or this subsection (d). | ||||||
16 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
17 | (225 ILCS 447/20-20)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
19 | Sec. 20-20. Training; private alarm contractor and
| ||||||
20 | employees. | ||||||
21 | (a) Registered employees of the private alarm contractor
| ||||||
22 | agency who carry a firearm and respond to alarm systems shall
| ||||||
23 | complete, within 30 days of their employment, a minimum of 20
| ||||||
24 | hours of classroom training provided by a qualified instructor
| ||||||
25 | and shall include all of the following subjects:
|
| |||||||
| |||||||
1 | (1) The law regarding arrest and search and seizure
as | ||||||
2 | it applies to the private alarm industry.
| ||||||
3 | (2) Civil and criminal liability for acts related
to | ||||||
4 | the private alarm industry.
| ||||||
5 | (3) The use of force, including but not limited to
the | ||||||
6 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
7 | stungun, or similar weapon).
| ||||||
8 | (4) Arrest and control techniques.
| ||||||
9 | (5) The offenses under the Criminal Code of 2012
that | ||||||
10 | are directly related to the protection of persons and
| ||||||
11 | property.
| ||||||
12 | (6) The law on private alarm forces and on
reporting | ||||||
13 | to law enforcement agencies.
| ||||||
14 | (7) Fire prevention, fire equipment, and fire
safety.
| ||||||
15 | (8) Civil rights and public relations.
| ||||||
16 | (9) The identification of terrorists, acts of | ||||||
17 | terrorism, and terrorist organizations, as defined by | ||||||
18 | federal and State statutes.
| ||||||
19 | Pursuant to directives set forth by the U.S. Department of | ||||||
20 | Homeland Security and the provisions set forth by the National | ||||||
21 | Fire Protection Association in the National Fire Alarm Code | ||||||
22 | and the Life Safety Code, training may include the | ||||||
23 | installation, repair, and maintenance of emergency | ||||||
24 | communication systems and mass notification systems. | ||||||
25 | (b) All other employees of a private alarm contractor
| ||||||
26 | agency shall complete a minimum of 20 hours of basic training
|
| |||||||
| |||||||
1 | provided by a qualified instructor within 30 days of their
| ||||||
2 | employment. The training may be provided in a classroom or | ||||||
3 | seminar setting or via Internet-based online learning | ||||||
4 | programs. The substance of the training shall be related to
| ||||||
5 | the work performed by the registered employee.
| ||||||
6 | (c) It is the responsibility of the employer to certify,
| ||||||
7 | on forms provided by the Department, that the employee
has | ||||||
8 | successfully completed the training. The original form or a | ||||||
9 | copy shall be a
permanent record of training completed by the | ||||||
10 | employee and
shall be placed in the employee's file with the | ||||||
11 | employer for
the term the employee is retained by the
| ||||||
12 | employer. A private alarm contractor agency may place a
copy | ||||||
13 | of the Department form in lieu of the original
into the | ||||||
14 | permanent employee registration card file. The original
form | ||||||
15 | or a copy shall be returned to the employee when the employee's | ||||||
16 | his
or her employment is terminated. Failure to return the | ||||||
17 | original
form or a copy to the employee is grounds for | ||||||
18 | discipline. The employee shall not be
required to
complete the | ||||||
19 | training required under this Act
once the employee has been | ||||||
20 | issued a form.
| ||||||
21 | (d) Nothing in this Act prevents any employer from
| ||||||
22 | providing or requiring additional training beyond the required
| ||||||
23 | 20 hours that the employer feels is necessary and appropriate
| ||||||
24 | for competent job performance.
| ||||||
25 | (e) Any certification of completion of the 20-hour
basic | ||||||
26 | training issued under the Private Detective, Private
Alarm, |
| |||||||
| |||||||
1 | Private Security, and Locksmith Act of 1993 or any
prior Act | ||||||
2 | shall be accepted as proof of training under this
Act.
| ||||||
3 | (Source: P.A. 102-152, eff. 1-1-22 .)
| ||||||
4 | (225 ILCS 447/25-5)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
6 | Sec. 25-5. Exemptions; private security contractor. The
| ||||||
7 | provisions of this Act related to licensure of a private
| ||||||
8 | security contractor do not apply to any of the following:
| ||||||
9 | (1) An employee of the United States, Illinois, or a
| ||||||
10 | political subdivision of either while the employee is | ||||||
11 | engaged
in the performance of the employee's his or her | ||||||
12 | official duties within the
scope of the employee's his or | ||||||
13 | her employment. However, any such person who
offers the | ||||||
14 | person's his or her services as a private security | ||||||
15 | contractor or
uses a similar title when these services are | ||||||
16 | performed for
compensation or other consideration, whether | ||||||
17 | received directly
or indirectly, is subject to this Act.
| ||||||
18 | (2) A person employed as either an armed or unarmed
| ||||||
19 | security officer at a nuclear energy, storage, weapons, or
| ||||||
20 | development site or facility regulated by the United | ||||||
21 | States
Nuclear Regulatory Commission who has completed the | ||||||
22 | background
screening and training mandated by the | ||||||
23 | regulations of the
United States Nuclear Regulatory | ||||||
24 | Commission.
| ||||||
25 | (3) A person, watchman, or proprietary security |
| |||||||
| |||||||
1 | officer
employed exclusively by only one employer in | ||||||
2 | connection with
the exclusive activities of that employer.
| ||||||
3 | (Source: P.A. 93-438, eff. 8-5-03 .)
| ||||||
4 | (225 ILCS 447/25-10)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
6 | Sec. 25-10. Qualifications for licensure as a private
| ||||||
7 | security contractor. | ||||||
8 | (a) A person is qualified for licensure as a private
| ||||||
9 | security contractor if the person he or she meets all of the | ||||||
10 | following
requirements:
| ||||||
11 | (1) Is at least 21 years of age.
| ||||||
12 | (2) Has not been convicted of any felony in any
| ||||||
13 | jurisdiction or at least 10 years have elapsed since the | ||||||
14 | time
of full discharge from a sentence imposed for a | ||||||
15 | felony
conviction.
| ||||||
16 | (3) Is of good moral character. Good character is
a | ||||||
17 | continuing requirement of licensure. Conviction of crimes
| ||||||
18 | other than felonies may be used in determining moral
| ||||||
19 | character, but shall not constitute an absolute bar to
| ||||||
20 | licensure, except where the applicant is a registered sex
| ||||||
21 | offender.
| ||||||
22 | (4) Has not been declared by any court of competent
| ||||||
23 | jurisdiction to be incompetent by reason of mental or | ||||||
24 | physical
defect or disease, unless a court has | ||||||
25 | subsequently declared
him or her to be competent.
|
| |||||||
| |||||||
1 | (5) Is not suffering from dependence on alcohol or
| ||||||
2 | from narcotic addiction or dependence.
| ||||||
3 | (6) Has a minimum of 3 years experience of the 5
years | ||||||
4 | immediately preceding application working as a full-time
| ||||||
5 | manager for a licensed private security contractor agency | ||||||
6 | or a
manager of a proprietary security force of 30 or more | ||||||
7 | persons
registered with the Department or with 3 years | ||||||
8 | experience of
the 5 years immediately preceding his or her | ||||||
9 | application
employed as a full-time supervisor for
an | ||||||
10 | in-house security unit for a corporation having 100 or
| ||||||
11 | more employees, for a military police or related security
| ||||||
12 | unit in any of the armed forces of the United States, or in | ||||||
13 | a law enforcement agency
of the federal government, a | ||||||
14 | state, or a state political subdivision, which shall
| ||||||
15 | include a state's attorney's office, a public defender's
| ||||||
16 | office, or the Department of Corrections. The Board and | ||||||
17 | the Department shall approve such full-time supervisory
| ||||||
18 | experience and may accept, in lieu
of the experience | ||||||
19 | requirement in this subsection,
alternative experience | ||||||
20 | working as a full-time manager for
a private security | ||||||
21 | contractor agency licensed in another
state or for a | ||||||
22 | private security contractor agency in a
state that does | ||||||
23 | not license such agencies if the
experience is | ||||||
24 | substantially equivalent to that
gained working for an | ||||||
25 | Illinois licensed private security
contractor agency. An | ||||||
26 | applicant who has a
baccalaureate degree or higher in |
| |||||||
| |||||||
1 | police science or a related
field or a business degree | ||||||
2 | from an accredited college or
university shall be given | ||||||
3 | credit for 2 of the 3 years of the
required experience. An | ||||||
4 | applicant who has completed a non-degree military training | ||||||
5 | program in police science or a related field shall be | ||||||
6 | given credit for one of the 3 years of the required | ||||||
7 | experience if the Board and the Department determine that | ||||||
8 | such training is substantially equivalent to that received | ||||||
9 | in an associate degree program. An applicant who has an | ||||||
10 | associate degree
in police science or in a related field | ||||||
11 | or in business from an
accredited college or university | ||||||
12 | shall be given credit for one
of the 3 years of the | ||||||
13 | required experience.
| ||||||
14 | (7) Has not been dishonorably discharged from the
| ||||||
15 | armed forces of the United States.
| ||||||
16 | (8) Has passed an examination authorized by the
| ||||||
17 | Department.
| ||||||
18 | (9) Submits the applicant's his or her fingerprints, | ||||||
19 | proof of having
general liability insurance required under | ||||||
20 | subsection (b), and
the required license fee.
| ||||||
21 | (10) Has not violated Section 10-5 of this Act.
| ||||||
22 | (b) It is the responsibility of the applicant to obtain
| ||||||
23 | general liability insurance in an amount and coverage
| ||||||
24 | appropriate for the applicant's circumstances as determined by
| ||||||
25 | rule. The applicant shall provide evidence of insurance to
the | ||||||
26 | Department before being issued a license. Failure to
maintain |
| |||||||
| |||||||
1 | general liability insurance and to provide the
Department with | ||||||
2 | written proof of the insurance shall result in
cancellation of | ||||||
3 | the license without hearing. | ||||||
4 | (c) (Blank). Any person who has been providing canine odor | ||||||
5 | detection services for hire prior to January 1, 2005 is exempt | ||||||
6 | from the requirements of item (6) of subsection (a) of this | ||||||
7 | Section and may be granted a private security contractor | ||||||
8 | license if (i) he or she meets the requirements of items (1) | ||||||
9 | through (5) and items (7) through (10) of subsections (a) of | ||||||
10 | this Section, (ii) pays all applicable fees, and (iii) | ||||||
11 | presents satisfactory evidence to the Department of the | ||||||
12 | provision of canine odor detection services for hire since | ||||||
13 | January 1, 2005.
| ||||||
14 | (Source: P.A. 100-181, eff. 8-18-17 .)
| ||||||
15 | (225 ILCS 447/25-15)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
17 | Sec. 25-15. Qualifications for licensure as a private
| ||||||
18 | security contractor agency. | ||||||
19 | (a) Upon receipt of the required fee and proof that the
| ||||||
20 | applicant has a full-time Illinois licensed private security
| ||||||
21 | licensee-in-charge, which is a continuing requirement for
| ||||||
22 | agency licensure, the Department shall issue
a license as a | ||||||
23 | private security contractor agency
to any of the following:
| ||||||
24 | (1) An individual who submits an application and is
a | ||||||
25 | licensed private security contractor under this Act.
|
| |||||||
| |||||||
1 | (2) A firm that submits an application and all of
the | ||||||
2 | members of the firm are licensed private security
| ||||||
3 | contractors under this Act.
| ||||||
4 | (3) A corporation or limited liability company
doing | ||||||
5 | business in Illinois that is authorized to engage in the | ||||||
6 | business of
conducting a private security contractor | ||||||
7 | agency if at least
one officer or executive employee is | ||||||
8 | licensed as a private
security contractor under this Act | ||||||
9 | and all unlicensed
officers and directors of the | ||||||
10 | corporation or limited liability
company are determined by | ||||||
11 | the Department to be persons of good
moral character.
| ||||||
12 | (b) No private security contractor may be the | ||||||
13 | licensee-in-charge for more than one
private security | ||||||
14 | contractor agency. Upon written request by a
representative of | ||||||
15 | the agency, within 10 days after the loss of
a | ||||||
16 | licensee-in-charge of an agency
because of the death of that | ||||||
17 | individual or because of the
termination of the employment of | ||||||
18 | that individual, the
Department shall issue a temporary | ||||||
19 | certificate of authority
allowing the continuing operation of | ||||||
20 | the licensed agency. No
temporary certificate of authority | ||||||
21 | shall be valid for more
than 90 days. An extension of an | ||||||
22 | additional 90 days may be
granted upon written request by the | ||||||
23 | representative of the
agency. Not more than 2 extensions may | ||||||
24 | be granted to any
agency. No temporary permit shall be issued | ||||||
25 | for loss of the
licensee-in-charge because of disciplinary | ||||||
26 | action by the
Department related to the licensee-in-charge's |
| |||||||
| |||||||
1 | his or her conduct on behalf of the
agency.
| ||||||
2 | (c) Upon issuance of the temporary certificate of | ||||||
3 | authority as provided for in subsection (b) of this Section | ||||||
4 | and at any time thereafter while the temporary certificate of | ||||||
5 | authority is in effect, the Department may request in writing | ||||||
6 | additional information from the agency regarding the loss of | ||||||
7 | its licensee-in-charge, the selection of a new | ||||||
8 | licensee-in-charge, and the management of the agency. Failure | ||||||
9 | of the agency to respond or respond to the satisfaction of the
| ||||||
10 | Department shall cause the Department to deny any extension
of | ||||||
11 | the temporary certificate of authority. While the
temporary | ||||||
12 | certificate of authority is in effect, the
Department may | ||||||
13 | disapprove the selection of a new licensee-in-charge
by the | ||||||
14 | agency if the person's license is not operative
or the | ||||||
15 | Department has good cause to believe that the person
selected | ||||||
16 | will not fully exercise the responsibilities of a
| ||||||
17 | licensee-in-charge. If the Department has disapproved the
| ||||||
18 | selection of a new licensee-in-charge and the temporary
| ||||||
19 | certificate of authority expires or is about to expire
without | ||||||
20 | the agency selecting another new licensee-in-charge,
the | ||||||
21 | Department shall grant an extension of the temporary
| ||||||
22 | certificate of authority for an additional 90 days, except as
| ||||||
23 | otherwise prohibited in subsection (b) or this subsection (c). | ||||||
24 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
25 | (225 ILCS 447/25-20)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
2 | Sec. 25-20. Training; private security contractor and
| ||||||
3 | employees. | ||||||
4 | (a) Registered employees of the private security
| ||||||
5 | contractor agency who provide traditional guarding or other
| ||||||
6 | private security related functions or who respond to alarm
| ||||||
7 | systems shall complete, within 30 days of their employment, a
| ||||||
8 | minimum of 20 hours of basic training, which may be provided in | ||||||
9 | a classroom or seminar setting or via Internet-based online | ||||||
10 | learning programs, and shall be provided by a
qualified | ||||||
11 | instructor, which shall include the following
subjects:
| ||||||
12 | (1) The law regarding arrest and search and seizure
as | ||||||
13 | it applies to private security.
| ||||||
14 | (2) Civil and criminal liability for acts related
to | ||||||
15 | private security.
| ||||||
16 | (3) The use of force, including but not limited to
the | ||||||
17 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
18 | stungun, taser, or similar weapon).
| ||||||
19 | (4) Verbal communication skills.
| ||||||
20 | (5) The offenses under the Criminal Code of 2012
that | ||||||
21 | are directly related to the protection of persons and
| ||||||
22 | property.
| ||||||
23 | (6) Private security officers and the criminal justice | ||||||
24 | system.
| ||||||
25 | (7) Fire prevention, fire equipment, and fire
safety.
| ||||||
26 | (8) Report writing and observation techniques.
|
| |||||||
| |||||||
1 | (9) Customer service, civil rights, and public | ||||||
2 | relations.
| ||||||
3 | (10) The identification of terrorists, acts of | ||||||
4 | terrorism, and terrorist organizations, as defined by | ||||||
5 | federal and State statutes.
| ||||||
6 | (b) All other employees of a private security contractor
| ||||||
7 | agency shall complete a minimum of 20 hours of basic training
| ||||||
8 | provided by the qualified instructor within 30 days of their
| ||||||
9 | employment. The training may be provided in a classroom or | ||||||
10 | seminar setting or via Internet-based online learning | ||||||
11 | programs. The substance of the training shall be related to
| ||||||
12 | the work performed by the registered employee.
| ||||||
13 | (c) Registered employees of the private security | ||||||
14 | contractor agency who
provide
guarding or other private | ||||||
15 | security related functions, in addition to the basic
training
| ||||||
16 | required under subsection (a), within 6 months of their | ||||||
17 | employment,
shall complete
an additional 8 hours of training | ||||||
18 | on subjects to be determined by the
employer, which
training | ||||||
19 | may be site-specific and may be conducted on the job. The | ||||||
20 | training may be provided in a classroom or seminar setting or | ||||||
21 | via Internet-based online learning programs.
| ||||||
22 | (d) In addition to the basic training provided for in | ||||||
23 | subsections (a) and
(c),
registered employees of the private | ||||||
24 | security contractor agency who provide
guarding or other
| ||||||
25 | private security related functions
shall complete an
| ||||||
26 | additional
8 hours of refresher training on subjects to be |
| |||||||
| |||||||
1 | determined by the
employer
each calendar year commencing with | ||||||
2 | the
calendar year
following the employee's first employment | ||||||
3 | anniversary date,
which
refresher training may be | ||||||
4 | site-specific and may be conducted on the job.
| ||||||
5 | (e) It is the responsibility of the employer to certify,
| ||||||
6 | on a form provided by the Department, that the employee has
| ||||||
7 | successfully completed the basic and refresher training. The | ||||||
8 | original
form or a copy shall be a permanent record of training | ||||||
9 | completed by the
employee and shall be placed in the | ||||||
10 | employee's file with the
employer for the period the employee | ||||||
11 | remains with the
employer. The original form or a copy shall be
| ||||||
12 | given to the employee when the employee's his or her | ||||||
13 | employment is
terminated. Failure to return the original form | ||||||
14 | or a copy to the
employee is grounds for disciplinary action. | ||||||
15 | The employee
shall not be required to repeat the required | ||||||
16 | training once the
employee has been issued the form. An | ||||||
17 | employer may provide or
require additional training.
| ||||||
18 | (f) (Blank).
| ||||||
19 | (g) All private security contractors shall complete a | ||||||
20 | minimum of 4 hours of annual training on a topic of their | ||||||
21 | choosing, provided that the subject matter of the training is | ||||||
22 | reasonably related to their private security contractor | ||||||
23 | practice. The training may be provided in a classroom setting | ||||||
24 | or seminar setting or via Internet-based online learning | ||||||
25 | programs. The Department shall adopt rules to administer this | ||||||
26 | subsection. |
| |||||||
| |||||||
1 | (h) It shall be the responsibility of the private security | ||||||
2 | contractor to keep and maintain a personal log of all training | ||||||
3 | hours earned along with sufficient documentation necessary for | ||||||
4 | the Department to verify the annual training completed for at | ||||||
5 | least 5 years. The personal training log and documentation | ||||||
6 | shall be provided to the Department in the same manner as other | ||||||
7 | documentation and records required under this Act. | ||||||
8 | (i) If the private security contractor owns or is employed | ||||||
9 | by a private security contractor agency, the private security | ||||||
10 | contractor agency shall maintain a record of the annual | ||||||
11 | training. The private security contractor agency must make the | ||||||
12 | record of annual training available to the Department upon | ||||||
13 | request. | ||||||
14 | (j) Recognizing the diverse professional practices of | ||||||
15 | private security contractors licensed under this Act, it is | ||||||
16 | the intent of the training requirements in this Section to | ||||||
17 | allow for a broad interpretation of the coursework, seminar | ||||||
18 | subjects, or class topics to be considered reasonably related | ||||||
19 | to the practice of any profession licensed under this Act. | ||||||
20 | (k) Notwithstanding any other professional license a | ||||||
21 | private security contractor holds under this Act, no more than | ||||||
22 | 4 hours of annual training shall be required for any one year. | ||||||
23 | (l) The annual training requirements for private security | ||||||
24 | contractors shall not apply until the calendar year following | ||||||
25 | the issuance of the private security contractor license. | ||||||
26 | (Source: P.A. 102-152, eff. 1-1-22 .)
|
| |||||||
| |||||||
1 | (225 ILCS 447/25-30)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
3 | Sec. 25-30. Uniforms.
| ||||||
4 | (a) No licensee under this Act or any employee of a
| ||||||
5 | licensed agency shall wear or display a badge, shoulder patch
| ||||||
6 | or other identification that contains the words "law" or | ||||||
7 | "enforcement". No license holder or employee of a licensed
| ||||||
8 | agency shall imply in any manner that the person is an
employee | ||||||
9 | or agent of a governmental entity, display a badge or
| ||||||
10 | identification card, emblem, or uniform using the words
| ||||||
11 | "police", "sheriff", "highway patrol", "trooper", "law
| ||||||
12 | enforcement" or any similar term.
| ||||||
13 | (b) All military-style uniforms, if worn by
employees of a | ||||||
14 | licensed private security contractor agency,
must bear the | ||||||
15 | name of the private security contractor agency,
which shall be | ||||||
16 | plainly visible on a patch, badge, or other
insignia.
| ||||||
17 | (c) All uniforms, if worn by employees of a licensed | ||||||
18 | private security contractor agency, may only be worn in the | ||||||
19 | performance of their duties or while commuting directly to or | ||||||
20 | from the employee's place or places of employment.
| ||||||
21 | (d) Employees shall return any uniform , badge,
| ||||||
22 | identification card, or equipment issued, but not sold, to the
| ||||||
23 | employee by the agency and any badge or identification card | ||||||
24 | issued to the employee by the agency within 72 hours of | ||||||
25 | termination of
employment. |
| |||||||
| |||||||
1 | (e) Licensees under this Act of any employee of a
licensed | ||||||
2 | agency are prohibited from using the Illinois State
Seal on | ||||||
3 | badges, company logos, identification cards, patches,
or other | ||||||
4 | insignia. | ||||||
5 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
6 | (225 ILCS 447/30-5)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
8 | Sec. 30-5. Exemptions; locksmith. The provisions of this
| ||||||
9 | Act do not apply to any of the following if the person
| ||||||
10 | performing the service does not hold himself or herself out as
| ||||||
11 | a locksmith:
| ||||||
12 | (1) Automobile service dealers who service, install,
| ||||||
13 | repair, or rebuild automobile locks.
| ||||||
14 | (2) Police officers, firefighters, or municipal | ||||||
15 | employees
who open a lock in an emergency situation.
| ||||||
16 | (3) A retail merchant selling locks or similar | ||||||
17 | security
accessories, duplicating keys, or installing, | ||||||
18 | programming,
repairing,
maintaining, reprogramming, | ||||||
19 | rebuilding,
or
servicing electronic garage door devices.
| ||||||
20 | (4) A member of the building trades who installs or
| ||||||
21 | removes complete locks or locking devices in the course of
| ||||||
22 | residential or commercial new construction or remodeling.
| ||||||
23 | (5) An employee of a towing service, repossessor, | ||||||
24 | roadside assistance service, or
automobile club opening | ||||||
25 | automotive locks in the normal course
of the employee's |
| |||||||
| |||||||
1 | his or her duties. Additionally, this Act shall not
| ||||||
2 | prohibit an employee of a towing service or roadside | ||||||
3 | assistance service from opening motor
vehicles to enable a | ||||||
4 | vehicle to be moved without towing,
provided the towing | ||||||
5 | service or roadside assistance service does not hold | ||||||
6 | itself out to the
public, by directory advertisement, | ||||||
7 | through a sign at the
facilities of the towing service or | ||||||
8 | roadside assistance service, or by any other form of
| ||||||
9 | advertisement, as a locksmith.
| ||||||
10 | (6) A student in the course of study in locksmith
| ||||||
11 | programs approved by the Department.
| ||||||
12 | (7) Warranty service by a lock manufacturer or its
| ||||||
13 | employees on the manufacturer's own products.
| ||||||
14 | (8) A maintenance employee of a property management
| ||||||
15 | company at a multi-family residential building who | ||||||
16 | services,
installs, repairs, or opens locks for tenants.
| ||||||
17 | (9) A person employed exclusively by only one employer
| ||||||
18 | in connection with the exclusive activities of that | ||||||
19 | employer,
providing that person does not hold oneself | ||||||
20 | himself or herself out to
the public as a locksmith.
| ||||||
21 | (10) Persons who have no access to confidential or
| ||||||
22 | security information and who otherwise do not provide
| ||||||
23 | traditional locksmith services, as defined in this Act, | ||||||
24 | are
exempt from employee registration. Examples of exempt
| ||||||
25 | employees include, but are not limited to, employees | ||||||
26 | working
in the capacity of key cutters, cashiers, drivers, |
| |||||||
| |||||||
1 | and
reception personnel. Confidential or security | ||||||
2 | information is
that which pertains to employee files, | ||||||
3 | scheduling, client
contracts, master key charts, access | ||||||
4 | codes, or technical
security and alarm data.
| ||||||
5 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
6 | (225 ILCS 447/30-10)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
8 | Sec. 30-10. Qualifications for licensure as a locksmith.
| ||||||
9 | (a) A person is qualified for licensure as a locksmith
if | ||||||
10 | the person he or she meets all of the following requirements:
| ||||||
11 | (1) Is at least 18 years of age.
| ||||||
12 | (2) Has not been convicted of any felony in any
| ||||||
13 | jurisdiction or at least 10 years have elapsed since the | ||||||
14 | time
of full discharge from a sentence imposed for a | ||||||
15 | felony
conviction.
| ||||||
16 | (3) Is of good moral character. Good moral
character | ||||||
17 | is a continuing requirement of licensure.
Conviction of | ||||||
18 | crimes other than felonies may be used in
determining | ||||||
19 | moral character, but shall not constitute an
absolute bar | ||||||
20 | to licensure, except where the applicant is a registered | ||||||
21 | sex offender.
| ||||||
22 | (4) Has not been declared by any court of competent
| ||||||
23 | jurisdiction to be incompetent by reason of mental or | ||||||
24 | physical
defect or disease, unless a court has | ||||||
25 | subsequently declared
him or her to be competent.
|
| |||||||
| |||||||
1 | (5) Is not suffering from dependence on alcohol or
| ||||||
2 | from narcotic addiction or dependence.
| ||||||
3 | (6) Has not been dishonorably discharged from the
| ||||||
4 | armed forces of the United States.
| ||||||
5 | (7) Has passed an examination authorized by the
| ||||||
6 | Department.
| ||||||
7 | (8) Submits the applicant's his or her fingerprints,
| ||||||
8 | proof of having general liability insurance required under
| ||||||
9 | subsection (b), and the required license fee.
| ||||||
10 | (9) Has not violated Section 10-5 of this Act.
| ||||||
11 | (b) It is the responsibility of the applicant to obtain
| ||||||
12 | general liability insurance in an amount and coverage
| ||||||
13 | appropriate for the applicant's circumstances as determined by
| ||||||
14 | rule. The applicant shall provide evidence of insurance to
the | ||||||
15 | Department before being issued a license. Failure to
maintain | ||||||
16 | general liability insurance and to provide the
Department with | ||||||
17 | written proof of the insurance shall result in
cancellation of | ||||||
18 | the license without hearing. A locksmith employed by a
| ||||||
19 | licensed locksmith agency or employed by a private concern may
| ||||||
20 | provide proof that the locksmith's his or her actions as a | ||||||
21 | locksmith are
covered by the liability insurance of the | ||||||
22 | locksmith's his or her employer.
| ||||||
23 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
24 | (225 ILCS 447/30-15)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2024)
|
| |||||||
| |||||||
1 | Sec. 30-15. Qualifications for licensure as a locksmith
| ||||||
2 | agency. | ||||||
3 | (a) Upon receipt of the required fee and proof that the
| ||||||
4 | applicant has a full-time Illinois licensed locksmith | ||||||
5 | licensee-in-charge, which is a
continuing requirement for | ||||||
6 | agency licensure, the Department
shall issue a license as a | ||||||
7 | locksmith
agency to any of the following:
| ||||||
8 | (1) An individual who submits an application and is
a | ||||||
9 | licensed locksmith under this Act.
| ||||||
10 | (2) A firm that submits an application and all of
the | ||||||
11 | members of the firm are licensed locksmiths under this
| ||||||
12 | Act.
| ||||||
13 | (3) A corporation or limited liability company
doing | ||||||
14 | business in Illinois that is authorized to engage in the | ||||||
15 | business of
conducting a locksmith agency if at least one | ||||||
16 | officer or
executive employee is a licensed locksmith | ||||||
17 | under this Act and
all unlicensed officers and directors | ||||||
18 | of the corporation or
limited liability company are | ||||||
19 | determined by the Department to
be persons of good moral | ||||||
20 | character.
| ||||||
21 | (b) An individual licensed as a locksmith operating
under | ||||||
22 | a business name other
than the licensed locksmith's own name | ||||||
23 | shall not be required
to obtain a locksmith agency license if | ||||||
24 | that licensed
locksmith does not employ any persons to engage | ||||||
25 | in the
practice of locksmithing and registers under the | ||||||
26 | Assumed Business Name Act.
|
| |||||||
| |||||||
1 | (c) No locksmith may be the licensee in-charge for more | ||||||
2 | than one
locksmith agency. Upon written
request by a | ||||||
3 | representative of the agency, within 10 days
after the loss of | ||||||
4 | a licensee-in-charge of an agency because
of the death of that | ||||||
5 | individual or because of the termination
of the employment of | ||||||
6 | that individual, the Department shall
issue a temporary | ||||||
7 | certificate of authority allowing the
continuing operation of | ||||||
8 | the licensed agency. No temporary
certificate of authority | ||||||
9 | shall be valid for more than 90 days.
An extension of an | ||||||
10 | additional 90 days may be granted upon
written request by the | ||||||
11 | representative of the agency. Not more
than 2 extensions may | ||||||
12 | be granted to any agency. No temporary
permit shall be issued | ||||||
13 | for loss of the licensee-in-charge because of
disciplinary | ||||||
14 | action by
the Department related to the licensee-in-charge's | ||||||
15 | his or her conduct on behalf of the
agency.
| ||||||
16 | (c-1) Upon issuance of the temporary certificate of | ||||||
17 | authority as provided for in subsection (c) of this Section | ||||||
18 | and at any time thereafter while the temporary certificate of | ||||||
19 | authority is in effect, the Department may request in writing | ||||||
20 | additional information from the agency regarding the loss of | ||||||
21 | its licensee-in-charge, the selection of a new | ||||||
22 | licensee-in-charge, and the management of the agency. Failure | ||||||
23 | of the agency to respond to the satisfaction of the Department | ||||||
24 | shall cause the Department to deny any extension of the | ||||||
25 | temporary certificate of authority. While the temporary
| ||||||
26 | certificate of authority is in effect, the Department may
|
| |||||||
| |||||||
1 | disapprove the selection of a new licensee-in-charge by the
| ||||||
2 | agency if the person's license is not operative or the
| ||||||
3 | Department has good cause to believe that the person selected
| ||||||
4 | will not fully exercise the responsibilities of a | ||||||
5 | licensee-in-charge.
If the Department has disapproved the | ||||||
6 | selection of a
new licensee-in-charge and the temporary | ||||||
7 | certificate of
authority expires or is about to expire without | ||||||
8 | the agency
selecting another new licensee-in-charge, the | ||||||
9 | Department shall grant an extension of the temporary | ||||||
10 | certificate of authority for an additional 90 days, except as | ||||||
11 | otherwise prohibited in subsection (c) or this subsection | ||||||
12 | (c-1). | ||||||
13 | (d) The Department shall require without limitation all of | ||||||
14 | the following information from each applicant for licensure as | ||||||
15 | a locksmith agency under this Act: | ||||||
16 | (1) The name, full business address, and telephone | ||||||
17 | number of the locksmith agency. The business address for | ||||||
18 | the locksmith agency shall be a complete street address | ||||||
19 | from which business is actually conducted, shall be | ||||||
20 | located within the State, and may not be a P.O. Box. The | ||||||
21 | applicant shall submit proof that the business location is | ||||||
22 | or will be used to conduct the locksmith agency's | ||||||
23 | business. The Department may approve of an out-of-state | ||||||
24 | business location if it is not over 50 miles in distance | ||||||
25 | from the borders of this State. | ||||||
26 | (2) All trade or business names used by the licensee. |
| |||||||
| |||||||
1 | (3) The type of ownership or operation, such as a | ||||||
2 | partnership, corporation, or sole proprietorship. | ||||||
3 | (4) The name of the owner or operator of the locksmith | ||||||
4 | agency, including: | ||||||
5 | (A) if a person, then the name and address of | ||||||
6 | record of the person; | ||||||
7 | (B) if a partnership, then the name and address of | ||||||
8 | record of each partner and the name of the | ||||||
9 | partnership; | ||||||
10 | (C) if a corporation, then the name, address of | ||||||
11 | record, and title of each corporate officer and | ||||||
12 | director, the corporate names, and the name of the | ||||||
13 | state of incorporation; and | ||||||
14 | (D) if a sole proprietorship, then the full name | ||||||
15 | and address of record of the sole proprietor and the | ||||||
16 | name of the business entity. | ||||||
17 | (5) The name and license number of the | ||||||
18 | licensee-in-charge for the locksmith agency. | ||||||
19 | (6) Any additional information required by the | ||||||
20 | Department by rule. | ||||||
21 | (e) A licensed locksmith agency may operate under a "doing | ||||||
22 | business as" or assumed name certification without having to | ||||||
23 | obtain a separate locksmith agency license if the "doing | ||||||
24 | business as" or assumed name is first registered with the | ||||||
25 | Department. A licensed locksmith agency may register no more | ||||||
26 | than one assumed name. |
| |||||||
| |||||||
1 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
2 | (225 ILCS 447/30-20)
| ||||||
3 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
4 | Sec. 30-20. Training; locksmith and employees.
| ||||||
5 | (a) Registered employees of a licensed locksmith agency
| ||||||
6 | shall complete a minimum of 20 hours of training provided by a
| ||||||
7 | qualified instructor within 30 days of their employment. The
| ||||||
8 | substance of the training shall be prescribed by rule.
| ||||||
9 | (b) It is the responsibility of the employer to certify,
| ||||||
10 | on a form provided by the Department, that the employee has
| ||||||
11 | successfully completed the training. The form shall be a
| ||||||
12 | permanent record of training completed by the employee and
| ||||||
13 | shall be placed in the employee's file with the employer for
| ||||||
14 | the period the employee remains with the employer. An agency
| ||||||
15 | may place a notarized copy of the Department form in lieu of
| ||||||
16 | the original into the permanent employee registration card | ||||||
17 | file. The original
form or a copy shall be
given to the | ||||||
18 | employee when the employee's his or her employment is
| ||||||
19 | terminated. Failure to return the original form or a copy to | ||||||
20 | the
employee is grounds for disciplinary action. The employee
| ||||||
21 | shall not be required to repeat the required training once the
| ||||||
22 | employee has been issued the form. An employer may provide or
| ||||||
23 | require additional training.
| ||||||
24 | (c) Any certification of completion of the 20-hour basic
| ||||||
25 | training issued under the Private Detective, Private Alarm,
|
| |||||||
| |||||||
1 | Private Security and Locksmith Act of 1993 or any prior Act
| ||||||
2 | shall be accepted as proof of training under this Act.
| ||||||
3 | (Source: P.A. 93-438, eff. 8-5-03 .)
| ||||||
4 | (225 ILCS 447/30-30) | ||||||
5 | (Section scheduled to be repealed on January 1, 2024) | ||||||
6 | Sec. 30-30. Consumer protection; required information for | ||||||
7 | consumers. | ||||||
8 | (a) A licensee providing any locksmith services shall | ||||||
9 | document on a work order, invoice, or receipt the name, | ||||||
10 | address, and telephone number of the person requesting the | ||||||
11 | work to be done. | ||||||
12 | (b) The locksmith who performs the services shall include | ||||||
13 | on the work order, invoice, or receipt the locksmith's his or | ||||||
14 | her name and license number. | ||||||
15 | (c) If the locksmith who performs the services is employed | ||||||
16 | by a locksmith agency, then the name, address, and license | ||||||
17 | number of the locksmith agency and the name and license or | ||||||
18 | registration number of the locksmith who performed the | ||||||
19 | services shall be included on the work order, invoice, or | ||||||
20 | receipt. | ||||||
21 | (d) A copy of the work order, invoice, or receipt shall be | ||||||
22 | provided to the customer at the time of service and the | ||||||
23 | original copy of the work order, invoice, or receipt shall be | ||||||
24 | kept by the licensed locksmith or locksmith agency for a | ||||||
25 | period of 2 years. |
| |||||||
| |||||||
1 | (e) The name, address, and license number of the locksmith | ||||||
2 | or locksmith agency, if applicable, shall be pre-printed on | ||||||
3 | the work order, invoice, or receipt required under this | ||||||
4 | Section. | ||||||
5 | (f) A locksmith may be disciplined by the Department | ||||||
6 | pursuant to this Act for gross or willful overcharging for | ||||||
7 | professional locksmith services, including filing false | ||||||
8 | statements for the collection of fees for services not | ||||||
9 | rendered.
| ||||||
10 | (Source: P.A. 98-253, eff. 8-9-13.) | ||||||
11 | (225 ILCS 447/31-5) | ||||||
12 | (Section scheduled to be repealed on January 1, 2024) | ||||||
13 | Sec. 31-5. Exemptions. | ||||||
14 | (a) The provisions of this Act regarding fingerprint | ||||||
15 | vendors do not apply to any of the following, if the person | ||||||
16 | performing the service does not hold oneself himself or | ||||||
17 | herself out as a fingerprint vendor or fingerprint vendor | ||||||
18 | agency: | ||||||
19 | (1) An employee of the United States, Illinois, or a | ||||||
20 | political subdivision, including public school districts, | ||||||
21 | of either while the employee is engaged in the performance | ||||||
22 | of the employee's his or her official duties within the | ||||||
23 | scope of the employee's his or her employment. However, | ||||||
24 | any such person who offers the person's his or her | ||||||
25 | services as a fingerprint vendor or uses a similar title |
| |||||||
| |||||||
1 | when these services are performed for compensation or | ||||||
2 | other consideration, whether received directly or | ||||||
3 | indirectly, is subject to this Act. | ||||||
4 | (2) A person employed exclusively by only one employer | ||||||
5 | in connection with the exclusive activities of that | ||||||
6 | employer, provided that person does not hold oneself | ||||||
7 | himself or herself out to the public as a fingerprint | ||||||
8 | vendor.
| ||||||
9 | (3) Any member of local law enforcement in the | ||||||
10 | performance of his or her duties for criminal justice | ||||||
11 | purposes, notwithstanding whether the local law | ||||||
12 | enforcement agency charges a reasonable fee related to the | ||||||
13 | cost of offering fingerprinting services. | ||||||
14 | (b) The provisions of this Act regarding fingerprint | ||||||
15 | vendors do not apply to any member of a local law enforcement | ||||||
16 | agency, acting on behalf of the local law enforcement agency | ||||||
17 | that is registered with the Illinois State Police to provide | ||||||
18 | fingerprinting services for non-criminal justice purposes, | ||||||
19 | notwithstanding whether the local law enforcement agency | ||||||
20 | charges a reasonable fee related to the cost of offering | ||||||
21 | fingerprinting services. | ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
23 | (225 ILCS 447/31-10) | ||||||
24 | (Section scheduled to be repealed on January 1, 2024) | ||||||
25 | Sec. 31-10. Qualifications for licensure as a fingerprint |
| |||||||
| |||||||
1 | vendor. | ||||||
2 | (a) A person is qualified for licensure as a fingerprint | ||||||
3 | vendor if the person he or she meets all of the following | ||||||
4 | requirements: | ||||||
5 | (1) Is at least 18 years of age. | ||||||
6 | (2) Has not been convicted of any felony in any | ||||||
7 | jurisdiction or at least 10 years have elapsed since the | ||||||
8 | time of full discharge from a sentence imposed for a | ||||||
9 | felony conviction. | ||||||
10 | (3) Is of good moral character. Good moral character | ||||||
11 | is a continuing requirement of licensure. Conviction of | ||||||
12 | crimes other than felonies may be used in determining | ||||||
13 | moral character, but shall not constitute an absolute bar | ||||||
14 | to licensure, except where the applicant is a registered | ||||||
15 | sex offender. | ||||||
16 | (4) Has not been declared by any court of competent | ||||||
17 | jurisdiction to be incompetent by reason of mental or | ||||||
18 | physical defect or disease, unless a court has | ||||||
19 | subsequently declared him or her to be competent. | ||||||
20 | (5) Is not suffering from dependence on alcohol or | ||||||
21 | from narcotic addiction or dependence. | ||||||
22 | (6) Has not been dishonorably discharged from the | ||||||
23 | armed forces of the United States. | ||||||
24 | (7) Submits certification issued by the Illinois State | ||||||
25 | Police that the applicant has successfully completed a | ||||||
26 | fingerprint vendor training course conducted or authorized |
| |||||||
| |||||||
1 | by the Illinois State Police. | ||||||
2 | (8) Submits the applicant's his or her fingerprints, | ||||||
3 | in accordance with subsection (b) of this Section. | ||||||
4 | (9) Has not violated any provision of this Act or any | ||||||
5 | rule adopted under this Act. | ||||||
6 | (10) Provides evidence satisfactory to the Department | ||||||
7 | that the applicant has obtained general liability | ||||||
8 | insurance in an amount and with coverage as determined by | ||||||
9 | rule. Failure to maintain general liability insurance and | ||||||
10 | failure to provide the Department with written proof of | ||||||
11 | the insurance, upon request, shall result in cancellation | ||||||
12 | of the license without hearing. A fingerprint vendor | ||||||
13 | employed by a licensed fingerprint vendor agency may | ||||||
14 | provide proof that the employee's his or her actions as a | ||||||
15 | fingerprint vendor are covered by the liability insurance | ||||||
16 | of the employee's his or her employer. | ||||||
17 | (11) Pays the required licensure fee. | ||||||
18 | (12) (Blank). | ||||||
19 | (13) Submits proof that the applicant maintains a | ||||||
20 | business office located in the State of Illinois. | ||||||
21 | (14) Provides proof of compliance with subsection (e) | ||||||
22 | of Section 31-15 of this Act if the applicant is not | ||||||
23 | required to obtain a fingerprint vendor agency license | ||||||
24 | pursuant to subsection (b) of Section 31-15 of this Act. | ||||||
25 | (b) Each applicant for a fingerprint vendor license shall | ||||||
26 | have the applicant's his or her fingerprints submitted to the |
| |||||||
| |||||||
1 | Illinois State Police in an electronic format that complies | ||||||
2 | with the form and manner for requesting and furnishing | ||||||
3 | criminal history record information as prescribed by the | ||||||
4 | Illinois State Police. These fingerprints shall be checked | ||||||
5 | against the Illinois State Police and Federal Bureau of | ||||||
6 | Investigation criminal history record databases now and | ||||||
7 | hereafter filed. The Illinois State Police shall charge | ||||||
8 | applicants a fee for conducting the criminal history records | ||||||
9 | check, which shall be deposited in the State Police Services | ||||||
10 | Fund and shall not exceed the actual cost of the records check. | ||||||
11 | The Illinois State Police shall furnish, pursuant to positive | ||||||
12 | identification, records of Illinois convictions to the | ||||||
13 | Department. The Department may require applicants to pay a | ||||||
14 | separate fingerprinting fee, either to the Department or | ||||||
15 | directly to the vendor. The Department, in its discretion, may | ||||||
16 | allow an applicant who does not have reasonable access to a | ||||||
17 | designated vendor to provide the applicant's his or her | ||||||
18 | fingerprints in an alternative manner. The Department, in its | ||||||
19 | discretion, may also use other procedures in performing or | ||||||
20 | obtaining criminal background checks of applicants. Instead of | ||||||
21 | submitting the applicant's his or her fingerprints, an | ||||||
22 | individual may submit proof that is satisfactory to the | ||||||
23 | Department that an equivalent security clearance has been | ||||||
24 | conducted. Also, an individual who has retired as a peace | ||||||
25 | officer within 12 months of application may submit | ||||||
26 | verification, on forms provided by the Department and signed |
| |||||||
| |||||||
1 | by the applicant's his or her employer, of the applicant's his | ||||||
2 | or her previous full-time employment as a peace officer.
| ||||||
3 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
4 | (225 ILCS 447/31-15) | ||||||
5 | (Section scheduled to be repealed on January 1, 2024) | ||||||
6 | Sec. 31-15. Qualifications for licensure as a fingerprint | ||||||
7 | vendor agency.
| ||||||
8 | (a) Upon receipt of the required fee, compliance with | ||||||
9 | subsection (e) of this Section, and proof that the applicant | ||||||
10 | has a full-time Illinois licensed fingerprint vendor | ||||||
11 | licensee-in-charge, which is a continuing requirement for | ||||||
12 | agency licensure, the Department may issue a license as a | ||||||
13 | fingerprint vendor agency to any of the following: | ||||||
14 | (1) An individual who submits an application and is a | ||||||
15 | licensed fingerprint vendor under this Act. | ||||||
16 | (2) A firm that submits an application and all of the | ||||||
17 | members of the firm are licensed fingerprint vendors under | ||||||
18 | this Act. | ||||||
19 | (3) A corporation or limited liability company doing | ||||||
20 | business in Illinois that is authorized to engage in the | ||||||
21 | business of conducting a fingerprint vendor agency if at | ||||||
22 | least one officer or executive employee is a licensed | ||||||
23 | fingerprint vendor under this Act and all unlicensed | ||||||
24 | officers and directors of the corporation or limited | ||||||
25 | liability company are determined by the Department to be |
| |||||||
| |||||||
1 | persons of good moral character. | ||||||
2 | (b) An individual licensed as a fingerprint vendor | ||||||
3 | operating under a business name other than the licensed | ||||||
4 | fingerprint vendor's own name shall not be required to obtain | ||||||
5 | a fingerprint vendor agency license if that licensed | ||||||
6 | fingerprint vendor does not employ any persons to provide | ||||||
7 | fingerprinting services. However, in either circumstance, the | ||||||
8 | individual shall comply with the requirements of subsection | ||||||
9 | (e) of this Section as a requirement for licensure. | ||||||
10 | (c) No fingerprint vendor may be the licensee-in-charge | ||||||
11 | for more than one fingerprint vendor agency. Upon written | ||||||
12 | request by a representative of the agency, within 10 days | ||||||
13 | after the loss of a licensee-in-charge of an agency because of | ||||||
14 | the death of that individual or because of the termination of | ||||||
15 | the employment of that individual, the Department shall issue | ||||||
16 | a temporary certificate of authority allowing the continuing | ||||||
17 | operation of the licensed agency. No temporary certificate of | ||||||
18 | authority shall be valid for more than 90 days. An extension of | ||||||
19 | an additional 90 days may be granted upon written request by | ||||||
20 | the representative of the agency. Not more than 2 extensions | ||||||
21 | may be granted to any agency. No temporary permit shall be | ||||||
22 | issued for loss of the licensee-in-charge because of | ||||||
23 | disciplinary action by the Department related to the | ||||||
24 | licensee-in-charge's his or her conduct on behalf of the | ||||||
25 | agency.
| ||||||
26 | (d) Upon issuance of the temporary certificate of |
| |||||||
| |||||||
1 | authority
as provided for in subsection (c) of this Section | ||||||
2 | and at any
time thereafter while the temporary certificate of | ||||||
3 | authority
is in effect, the Department may request in writing | ||||||
4 | additional
information from the agency regarding the loss of | ||||||
5 | its
licensee-in-charge, the selection of a new | ||||||
6 | licensee-in-charge,
and the management of the agency. Failure | ||||||
7 | of the agency to
respond or respond to the satisfaction of the | ||||||
8 | Department shall
cause the Department to deny any extension of | ||||||
9 | the temporary
certificate of authority. While the temporary | ||||||
10 | certificate of
authority is in effect, the Department may | ||||||
11 | disapprove the
selection of a new licensee-in-charge by the | ||||||
12 | agency if the
person's license is not operative or the | ||||||
13 | Department has good
cause to believe that the person selected | ||||||
14 | will not fully
exercise the responsibilities of a | ||||||
15 | licensee-in-charge. If the
Department has disapproved the | ||||||
16 | selection of a new licensee-in-charge
and the temporary | ||||||
17 | certificate of authority expires or
is about to expire without | ||||||
18 | the agency selecting another new
licensee-in-charge, the | ||||||
19 | Department shall grant an extension of
the temporary | ||||||
20 | certificate of authority for an additional 90
days, except as | ||||||
21 | otherwise prohibited in subsection (c) or this
subsection (d). | ||||||
22 | (e) An applicant shall submit certification issued by the | ||||||
23 | Illinois State Police that the applicant's fingerprinting | ||||||
24 | equipment and software meets all specifications required by | ||||||
25 | the Illinois State Police. Compliance with Illinois State | ||||||
26 | Police fingerprinting equipment and software specifications is |
| |||||||
| |||||||
1 | a continuing requirement for licensure. | ||||||
2 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
3 | (225 ILCS 447/31-20) | ||||||
4 | (Section scheduled to be repealed on January 1, 2024) | ||||||
5 | Sec. 31-20. Training; fingerprint vendor and employees.
| ||||||
6 | (a) Registered employees of a licensed fingerprint vendor | ||||||
7 | agency shall complete a minimum of 20 hours of training | ||||||
8 | provided by a qualified instructor within 30 days of their | ||||||
9 | employment. The substance of the training shall be prescribed | ||||||
10 | by rule. | ||||||
11 | (b) It is the responsibility of the employer to certify, | ||||||
12 | on a form provided by the Department, that the employee has | ||||||
13 | successfully completed the training. The form shall be a | ||||||
14 | permanent record of training completed by the employee and | ||||||
15 | shall be placed in the employee's file with the employer for | ||||||
16 | the period the employee remains with the employer. An agency | ||||||
17 | may place a notarized copy of the Department form, in lieu of | ||||||
18 | the original, into the permanent employee registration card | ||||||
19 | file. The original form or a copy shall be given to the | ||||||
20 | employee when the employee's his or her employment is | ||||||
21 | terminated. Failure to return the original form or a copy to | ||||||
22 | the employee is grounds for disciplinary action. The employee | ||||||
23 | shall not be required to repeat the required training once the | ||||||
24 | employee has been issued the form. An employer may provide or | ||||||
25 | require additional training. |
| |||||||
| |||||||
1 | (c) Any certification of completion of the 20-hour basic | ||||||
2 | training issued under this Act the Private Detective, Private | ||||||
3 | Alarm, Private Security, and Locksmith Act of 2004 or any | ||||||
4 | prior Act shall be accepted as proof of training under this | ||||||
5 | Act . | ||||||
6 | (d) No registered employee of a licensed fingerprint | ||||||
7 | vendor agency may operate live scan fingerprint equipment or | ||||||
8 | other equipment designed to obtain fingerprint images for the | ||||||
9 | purpose of providing fingerprint images and associated | ||||||
10 | demographic data to the Illinois State Police.
| ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
12 | (225 ILCS 447/35-5)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
14 | Sec. 35-5. Display of license. Each licensee shall
| ||||||
15 | prominently display the licensee's his or her individual, | ||||||
16 | agency, or branch
office license at each place where business | ||||||
17 | is being
conducted, as required under this Act. A | ||||||
18 | licensee-in-charge
is required to post the licensee's his or | ||||||
19 | her license only at the agency
office.
| ||||||
20 | (Source: P.A. 93-438, eff. 8-5-03 .)
| ||||||
21 | (225 ILCS 447/35-10)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
23 | Sec. 35-10. Inspection of facilities. Each licensee or | ||||||
24 | registrant shall
permit the licensee's or registrant's his or |
| |||||||
| |||||||
1 | her office facilities, business premises, canine training | ||||||
2 | facilities, firearm training facilities, and registered | ||||||
3 | employee
files to be audited or inspected at reasonable times | ||||||
4 | and in a
reasonable manner by the Department.
| ||||||
5 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
6 | (225 ILCS 447/35-15)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
8 | Sec. 35-15. Advertisements; penalties.
| ||||||
9 | (a) No licensee providing services regulated by this Act
| ||||||
10 | may knowingly advertise those services without including the | ||||||
11 | licensee's his
or her license number in the advertisement. The | ||||||
12 | publisher of
the advertising, however, is not required to | ||||||
13 | verify the
accuracy of the advertisement or the license | ||||||
14 | number.
| ||||||
15 | (b) A licensee who advertises services regulated by this
| ||||||
16 | Act who knowingly (i) fails to display the licensee's his or | ||||||
17 | her license at
the licensee's his or her place of business, | ||||||
18 | (ii) fails to provide the
publisher with the current license | ||||||
19 | number, or (iii) provides
the publisher with a false license | ||||||
20 | number or a license number
other than that of the person or | ||||||
21 | agency doing the advertising
or a licensee who knowingly | ||||||
22 | allows the licensee's his or her license number
to be | ||||||
23 | displayed or used by another person or agency to
circumvent | ||||||
24 | any provision of this subsection, is guilty of a
Class A | ||||||
25 | misdemeanor. Each day an advertisement is published
or a |
| |||||||
| |||||||
1 | licensee allows the licensee's his or her license to be used in
| ||||||
2 | violation of this Section constitutes a separate offense. In
| ||||||
3 | addition to the penalties and remedies provided in this
| ||||||
4 | Section, a licensee who violates any provision of this Section
| ||||||
5 | shall be subject to the disciplinary action, fines, and civil
| ||||||
6 | penalty provisions of this Act.
| ||||||
7 | (Source: P.A. 93-438, eff. 8-5-03 .)
| ||||||
8 | (225 ILCS 447/35-25)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
10 | Sec. 35-25. Duplicate licenses. If a license, permanent
| ||||||
11 | employee registration card, or firearm control
card is
lost, a | ||||||
12 | duplicate shall be issued upon proof of such loss
together | ||||||
13 | with the payment of the required fee. If a licensee
decides to | ||||||
14 | change the licensee's his or her name, the Department shall | ||||||
15 | issue
a license in the new name upon proof that the change was | ||||||
16 | done
pursuant to law and payment of the required fee. | ||||||
17 | Notification
of a name change shall be made to the Department | ||||||
18 | within 30
days after the change.
| ||||||
19 | (Source: P.A. 95-613, eff. 9-11-07 .)
| ||||||
20 | (225 ILCS 447/35-30)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
22 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
23 | licensed agency, other than those exempted, shall apply for a
| ||||||
24 | permanent employee registration card. The holder of an agency
|
| |||||||
| |||||||
1 | license issued under this Act, known in this Section as
| ||||||
2 | "employer", may employ in the conduct of the employer's his or | ||||||
3 | her business
employees under the following provisions:
| ||||||
4 | (a) No person shall be issued a permanent employee
| ||||||
5 | registration card who:
| ||||||
6 | (1) Is younger than 18 years of age.
| ||||||
7 | (2) Is younger than 21 years of age if the
services | ||||||
8 | will include being armed.
| ||||||
9 | (3) Has been determined by the Department to
be unfit | ||||||
10 | by reason of conviction of an offense in this or
another | ||||||
11 | state, including registration as a sex offender, but not | ||||||
12 | including a traffic offense. Persons convicted of felonies | ||||||
13 | involving bodily harm, weapons, violence, or theft within | ||||||
14 | the previous 10 years shall be presumed to be unfit for | ||||||
15 | registration. The Department
shall adopt rules for making | ||||||
16 | those determinations that shall
afford the applicant due | ||||||
17 | process of law.
| ||||||
18 | (4) Has had a license or permanent employee
| ||||||
19 | registration card denied, suspended, or revoked under this | ||||||
20 | Act (i) within one
year before the date the
person's | ||||||
21 | application for permanent employee registration card
is | ||||||
22 | received by the Department; and (ii) that refusal, denial,
| ||||||
23 | suspension, or revocation was based on any provision of | ||||||
24 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
25 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
26 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, |
| |||||||
| |||||||
1 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
2 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
3 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
4 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
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, private
alarm | ||||||
12 | contractor agency, fingerprint vendor agency, or locksmith | ||||||
13 | agency under this
Section until the person he or she has | ||||||
14 | executed and furnished to the
employer, on forms furnished by | ||||||
15 | the Department, a verified
statement to be known as | ||||||
16 | "Employee's Statement" setting forth:
| ||||||
17 | (1) The person's full name, age, and residence
| ||||||
18 | address.
| ||||||
19 | (2) The business or occupation engaged in for
the 5 | ||||||
20 | years immediately before the date of the execution of
the | ||||||
21 | statement, the place where the business or occupation was
| ||||||
22 | engaged in, and the names of employers, if any.
| ||||||
23 | (3) That the person has not had a license or
employee | ||||||
24 | registration denied, revoked, or suspended under this
Act | ||||||
25 | (i) within one year before the date the person's | ||||||
26 | application
for permanent employee registration card is |
| |||||||
| |||||||
1 | received by the
Department; and (ii) that refusal, denial, | ||||||
2 | suspension, or
revocation was based on any provision of | ||||||
3 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
4 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
5 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
6 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
7 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
8 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
9 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
10 | (4) Any conviction of a felony or misdemeanor.
| ||||||
11 | (5) Any declaration of incompetence by a court
of | ||||||
12 | competent jurisdiction that has not been restored.
| ||||||
13 | (6) Any dishonorable discharge from the armed
services | ||||||
14 | of the United States.
| ||||||
15 | (7) Any other information as may be required by
any | ||||||
16 | rule of the Department to show the good character,
| ||||||
17 | competency, and integrity of the person executing the
| ||||||
18 | statement.
| ||||||
19 | (c) Each applicant for a permanent employee registration
| ||||||
20 | card shall have the applicant's his or her fingerprints | ||||||
21 | submitted to the
Illinois State Police in an electronic format | ||||||
22 | that
complies with the form and manner for requesting and
| ||||||
23 | furnishing criminal history record information as prescribed
| ||||||
24 | by the Illinois State Police. These fingerprints shall
be | ||||||
25 | checked against the Illinois State Police and Federal
Bureau | ||||||
26 | of Investigation criminal history record databases now
and |
| |||||||
| |||||||
1 | hereafter filed. The Illinois State Police shall
charge | ||||||
2 | applicants a fee for conducting the criminal history
records | ||||||
3 | check, which shall be deposited in the State Police
Services | ||||||
4 | Fund and shall not exceed the actual cost of the
records check. | ||||||
5 | The Illinois State Police shall furnish,
pursuant to positive | ||||||
6 | identification, records of Illinois
convictions to the | ||||||
7 | Department. The Department may require
applicants to pay a | ||||||
8 | separate fingerprinting fee, either to the
Department or | ||||||
9 | directly to the vendor. The Department, in
its discretion, may | ||||||
10 | allow an applicant who does not have
reasonable access to a | ||||||
11 | designated vendor to provide the applicant's his or her
| ||||||
12 | fingerprints in an alternative manner. The
Department, in its | ||||||
13 | discretion, may also use other
procedures in performing or | ||||||
14 | obtaining criminal background
checks of applicants. Instead of | ||||||
15 | submitting the applicant's his or her
fingerprints, an | ||||||
16 | individual may submit proof that is
satisfactory to the | ||||||
17 | Department that an equivalent security
clearance has been | ||||||
18 | conducted. Also, an individual who has
retired as a peace | ||||||
19 | officer within 12 months of application may
submit | ||||||
20 | verification, on forms provided by the Department and
signed | ||||||
21 | by the applicant's his or her employer, of the applicant's his | ||||||
22 | or her previous full-time employment as a
peace officer.
| ||||||
23 | (d) The Department shall issue a permanent employee
| ||||||
24 | registration card, in a form the Department prescribes, to all
| ||||||
25 | qualified applicants.
The holder of a permanent employee | ||||||
26 | registration card shall
carry the card at all times while |
| |||||||
| |||||||
1 | actually engaged in the
performance of the duties of the | ||||||
2 | employee's his or her employment.
Expiration and requirements | ||||||
3 | for renewal of permanent employee
registration cards shall be | ||||||
4 | established by rule of the
Department. Possession of a | ||||||
5 | permanent employee registration
card does not in any way imply | ||||||
6 | that the holder of the card is
employed by an agency unless the | ||||||
7 | permanent employee
registration card is accompanied by the | ||||||
8 | employee
identification card required by subsection (f) of | ||||||
9 | this
Section.
| ||||||
10 | (e) Each employer shall maintain a record of each
employee | ||||||
11 | that is accessible to the duly authorized
representatives of | ||||||
12 | the Department. The record shall contain
the following | ||||||
13 | information:
| ||||||
14 | (1) A photograph taken within 10 days of the date
that | ||||||
15 | the employee begins employment with the employer. The
| ||||||
16 | photograph shall be replaced with a current photograph | ||||||
17 | every 3
calendar years.
| ||||||
18 | (2) The Employee's Statement specified in
subsection | ||||||
19 | (b) of this Section.
| ||||||
20 | (3) All correspondence or documents relating to the
| ||||||
21 | character and integrity of the employee received by the
| ||||||
22 | employer from any official source or law enforcement | ||||||
23 | agency.
| ||||||
24 | (4) In the case of former employees, the employee
| ||||||
25 | identification card of that person issued under subsection | ||||||
26 | (f)
of this Section. Each employee record shall duly note |
| |||||||
| |||||||
1 | if the
employee is employed in an armed capacity. Armed | ||||||
2 | employee
files shall contain a copy of an active firearm | ||||||
3 | owner's
identification card and a copy of an active | ||||||
4 | firearm
control card. Each employer shall maintain a | ||||||
5 | record for
each armed employee of each instance in which | ||||||
6 | the employee's
weapon was discharged during the course of | ||||||
7 | the employee's his or her
professional duties or | ||||||
8 | activities. The record shall be
maintained on forms | ||||||
9 | provided by the Department, a copy of
which must be filed | ||||||
10 | with the Department within 15 days of an
instance. The | ||||||
11 | record shall include the date and time of the
occurrence, | ||||||
12 | the circumstances involved in the occurrence, and
any | ||||||
13 | other information as the Department may require. Failure
| ||||||
14 | to provide this information to the Department or failure | ||||||
15 | to
maintain the record as a part of each armed employee's
| ||||||
16 | permanent file is grounds for disciplinary action. The
| ||||||
17 | Department, upon receipt of a report, shall have the | ||||||
18 | authority
to make any investigation it considers | ||||||
19 | appropriate into any
occurrence in which an employee's | ||||||
20 | weapon was discharged and to
take disciplinary action as | ||||||
21 | may be appropriate.
| ||||||
22 | (5) A copy of the employee's permanent employee | ||||||
23 | registration card or a copy of the Department's "License | ||||||
24 | Lookup" Webpage showing that the employee has been issued | ||||||
25 | a valid permanent employee registration card by the | ||||||
26 | Department.
|
| |||||||
| |||||||
1 | The Department may, by rule, prescribe further
record | ||||||
2 | requirements.
| ||||||
3 | (f) Every employer shall furnish an employee
| ||||||
4 | identification card to each of the employer's his or her | ||||||
5 | employees. This
employee identification card shall contain a | ||||||
6 | recent photograph
of the employee, the employee's name, the | ||||||
7 | name and agency
license number of the employer, the employee's | ||||||
8 | personal
description, the signature of the employer, the | ||||||
9 | signature of
that employee, the date of issuance, and an | ||||||
10 | employee
identification card number.
| ||||||
11 | (g) No employer may issue an employee identification
card | ||||||
12 | to any person who is not employed by the employer in
accordance | ||||||
13 | with this Section or falsely state or represent
that a person | ||||||
14 | is or has been in the employer's his or her employ. It is
| ||||||
15 | unlawful for an applicant for registered employment to file
| ||||||
16 | with the Department the fingerprints of a person other than
| ||||||
17 | himself or herself.
| ||||||
18 | (h) Every employer shall obtain the identification card
of | ||||||
19 | every employee who terminates employment with the employer him | ||||||
20 | or her .
| ||||||
21 | (i) Every employer shall maintain a separate roster of
the | ||||||
22 | names of all employees currently working in an armed
capacity | ||||||
23 | and submit the roster to the Department on request.
| ||||||
24 | (j) No agency may employ any person to perform a
licensed | ||||||
25 | activity under this Act unless the person possesses a
valid | ||||||
26 | permanent employee registration card or a valid license
under |
| |||||||
| |||||||
1 | this Act, or is exempt pursuant to subsection (n).
| ||||||
2 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
3 | agency may employ a person in a temporary capacity if all of
| ||||||
4 | the following conditions are met:
| ||||||
5 | (1) The agency completes in its entirety and
submits | ||||||
6 | to the Department an application for a permanent
employee | ||||||
7 | registration card, including the required fingerprint
| ||||||
8 | receipt and fees.
| ||||||
9 | (2) The agency has verification from the Department
| ||||||
10 | that the applicant has no record of any criminal | ||||||
11 | conviction
pursuant to the criminal history check | ||||||
12 | conducted by the
Illinois State Police. The agency shall | ||||||
13 | maintain the
verification of the results of the Illinois | ||||||
14 | State Police
criminal history check as part of the | ||||||
15 | employee record as
required under subsection (e) of this | ||||||
16 | Section.
| ||||||
17 | (3) The agency exercises due diligence to ensure
that | ||||||
18 | the person is qualified under the requirements of the Act
| ||||||
19 | to be issued a permanent employee registration card.
| ||||||
20 | (4) The agency maintains a separate roster of the
| ||||||
21 | names of all employees whose applications are currently
| ||||||
22 | pending with the Department and submits the roster to the
| ||||||
23 | Department on a monthly basis. Rosters are to be | ||||||
24 | maintained
by the agency for a period of at least 24 | ||||||
25 | months.
| ||||||
26 | An agency may employ only a permanent employee applicant
|
| |||||||
| |||||||
1 | for which it either submitted a permanent employee application
| ||||||
2 | and all required forms and fees or it confirms with the
| ||||||
3 | Department that a permanent employee application and all
| ||||||
4 | required forms and fees have been submitted by another agency,
| ||||||
5 | licensee or the permanent employee and all other requirements
| ||||||
6 | of this Section are met.
| ||||||
7 | The Department shall have the authority to revoke,
without | ||||||
8 | a hearing, the temporary authority of an individual to
work | ||||||
9 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
10 | data or a report of another official authority
indicating a | ||||||
11 | criminal conviction. If the Department has not
received a | ||||||
12 | temporary employee's Federal Bureau of
Investigation | ||||||
13 | fingerprint data within 120 days of the date the
Department | ||||||
14 | received the Illinois State Police fingerprint
data, the | ||||||
15 | Department may, at its discretion, revoke the
employee's | ||||||
16 | temporary authority to work with 15 days written
notice to the | ||||||
17 | individual and the employing agency.
| ||||||
18 | An agency may not employ a person in a temporary capacity
| ||||||
19 | if it knows or reasonably should have known that the person
has | ||||||
20 | been convicted of a crime under the laws of this State,
has | ||||||
21 | been convicted in another state of any crime that is a
crime | ||||||
22 | under the laws of this State, has been convicted of any
crime | ||||||
23 | in a federal court, or has been posted as an unapproved
| ||||||
24 | applicant by the Department. Notice by the Department to the
| ||||||
25 | agency, via certified mail, personal delivery, electronic
| ||||||
26 | mail, or posting on the Department's Internet site accessible
|
| |||||||
| |||||||
1 | to the agency that the person has been convicted of a crime
| ||||||
2 | shall be deemed constructive knowledge of the conviction on
| ||||||
3 | the part of the agency. The Department may adopt rules to
| ||||||
4 | implement this
subsection (k).
| ||||||
5 | (l) No person may be employed under this Section in any
| ||||||
6 | capacity if:
| ||||||
7 | (1) the person, while so employed, is being paid by
| ||||||
8 | the United States or any political subdivision for the | ||||||
9 | time so
employed in addition to any payments the person he | ||||||
10 | or she may receive
from the employer; or
| ||||||
11 | (2) the person wears any portion of the person's his | ||||||
12 | or her
official uniform, emblem of authority, or equipment | ||||||
13 | while so
employed.
| ||||||
14 | (m) If information is discovered affecting the
| ||||||
15 | registration of a person whose fingerprints were submitted
| ||||||
16 | under this Section, the Department shall so notify the agency
| ||||||
17 | that submitted the fingerprints on behalf of that person.
| ||||||
18 | (n) Peace officers shall be exempt from the requirements
| ||||||
19 | of this Section relating to permanent employee registration
| ||||||
20 | cards. The agency shall remain responsible for any peace
| ||||||
21 | officer employed under this exemption, regardless of whether
| ||||||
22 | the peace officer is compensated as an employee or as an
| ||||||
23 | independent contractor and as further defined by rule.
| ||||||
24 | (o) Persons who have no access to confidential or
security | ||||||
25 | information, who do not go to a client's or prospective | ||||||
26 | client's residence or place of business, and who otherwise do |
| |||||||
| |||||||
1 | not provide
traditional security services are exempt from | ||||||
2 | employee
registration. Examples of exempt employees include, | ||||||
3 | but are
not limited to, employees working in the capacity of | ||||||
4 | ushers,
directors, ticket takers, cashiers, drivers, and | ||||||
5 | reception
personnel. Confidential or security information is | ||||||
6 | that which
pertains to employee files, scheduling, client | ||||||
7 | contracts, or
technical security and alarm data.
| ||||||
8 | (p) An applicant who is 21 years of age or older seeking a | ||||||
9 | religious exemption to the photograph requirement of this | ||||||
10 | Section shall furnish with the application an approved copy of | ||||||
11 | United States Department of the Treasury Internal Revenue | ||||||
12 | Service Form 4029. Regardless of age, an applicant seeking a | ||||||
13 | religious exemption to this photograph requirement shall | ||||||
14 | submit fingerprints in a form and manner prescribed by the | ||||||
15 | Department with the applicant's his or her application in lieu | ||||||
16 | of a photograph. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
18 | (225 ILCS 447/35-35)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
20 | Sec. 35-35. Requirement of a firearm control
card.
| ||||||
21 | (a) No person shall perform duties that include the use,
| ||||||
22 | carrying, or possession of a firearm in the performance of
| ||||||
23 | those duties without complying with the provisions of this
| ||||||
24 | Section and having been issued a valid firearm control
card by | ||||||
25 | the Department.
|
| |||||||
| |||||||
1 | (b) No employer shall employ any person to perform the
| ||||||
2 | duties for which licensure or employee registration is | ||||||
3 | required and allow
that person to carry a firearm unless that | ||||||
4 | person has complied
with all the firearm training requirements | ||||||
5 | of this Section and
has been issued a firearm control card. | ||||||
6 | This Act
permits only the following to carry firearms while | ||||||
7 | actually
engaged in the performance of their duties or while | ||||||
8 | commuting
directly to or from their places of employment: | ||||||
9 | persons
licensed as private detectives and their registered | ||||||
10 | employees;
persons licensed as private security contractors | ||||||
11 | and their
registered employees; persons licensed as private | ||||||
12 | alarm
contractors and their registered employees; and | ||||||
13 | employees of a
registered armed proprietary security force.
| ||||||
14 | (c) Possession of a valid firearm control
card
allows a | ||||||
15 | licensee or employee to carry a firearm not otherwise | ||||||
16 | prohibited
by law while the licensee or employee is engaged in | ||||||
17 | the performance of the licensee's or employee's his
or her | ||||||
18 | duties or while the licensee or employee is commuting directly | ||||||
19 | to
or from the licensee's or employee's place or places of | ||||||
20 | employment.
| ||||||
21 | (d) The Department shall issue a firearm control
card to a | ||||||
22 | person who has passed an approved firearm training
course, who | ||||||
23 | is currently licensed or employed by an agency licensed by
| ||||||
24 | this Act and has met all the requirements of this Act, and who
| ||||||
25 | possesses a valid firearm owner identification card.
| ||||||
26 | Application for the firearm control card shall be made
by the |
| |||||||
| |||||||
1 | employer to the Department on forms provided by the
| ||||||
2 | Department. The Department shall forward the card to the
| ||||||
3 | employer who shall be responsible for its issuance to the | ||||||
4 | licensee or
employee. The firearm control card shall be issued | ||||||
5 | by
the Department and shall identify the person holding it and
| ||||||
6 | the name of the course where the licensee or employee received | ||||||
7 | firearm
instruction and shall specify the type of weapon or | ||||||
8 | weapons
the person is authorized by the Department to carry | ||||||
9 | and for
which the person has been trained.
| ||||||
10 | (e) Expiration and requirements for renewal of firearm | ||||||
11 | control cards shall be determined by rule.
| ||||||
12 | (f) The Department may, in addition to any other
| ||||||
13 | disciplinary action permitted by this Act, refuse to issue,
| ||||||
14 | suspend, or revoke a firearm control card if the
applicant or | ||||||
15 | holder has been convicted of any felony or crime
involving the | ||||||
16 | illegal use, carrying, or possession of a deadly
weapon or for | ||||||
17 | a violation of this Act or rules promulgated
under this Act. | ||||||
18 | The Department shall refuse to issue or shall
revoke a firearm | ||||||
19 | control card if the applicant or holder
fails to possess a | ||||||
20 | valid firearm owners identification card without hearing.
The | ||||||
21 | Secretary shall summarily suspend a firearm control
card if | ||||||
22 | the Secretary finds that its continued use would
constitute an | ||||||
23 | imminent danger to the public. A hearing shall
be held before | ||||||
24 | the Board within 30 days if the Secretary
summarily suspends a | ||||||
25 | firearm control card.
| ||||||
26 | (g) Notwithstanding any other provision of this Act to the
|
| |||||||
| |||||||
1 | contrary, all requirements relating to firearms control
cards | ||||||
2 | do not apply to a peace officer. If an individual ceases to be | ||||||
3 | employed as a peace officer and continues to perform services | ||||||
4 | in an armed capacity under this Act that are licensed | ||||||
5 | activities, then the individual is required to obtain a | ||||||
6 | permanent employee registration card pursuant to Section 35-30 | ||||||
7 | of this Act and must possess a valid Firearm Owner's | ||||||
8 | Identification Card, but is not required to obtain a firearm | ||||||
9 | control card if the individual is otherwise in continuing | ||||||
10 | compliance with the federal Law Enforcement Officers Safety | ||||||
11 | Act of 2004. If an individual elects to carry a firearm | ||||||
12 | pursuant to the federal Law Enforcement Officers Safety Act of | ||||||
13 | 2004, then the agency employing the officer shall is required | ||||||
14 | to submit an application a notice of that election to the | ||||||
15 | Department for issuance of a waiver card along with a fee | ||||||
16 | specified by rule.
| ||||||
17 | (h) The Department may issue a temporary firearm control | ||||||
18 | card pending issuance of a new firearm control card upon an | ||||||
19 | agency's acquiring of an established armed account. An agency | ||||||
20 | that has acquired armed employees as a result of acquiring an | ||||||
21 | established armed account may, on forms supplied by the | ||||||
22 | Department, request the issuance of a temporary firearm | ||||||
23 | control card for each acquired employee who held a valid | ||||||
24 | firearm control card under the employer's his or her | ||||||
25 | employment with the newly acquired established armed account | ||||||
26 | immediately preceding the acquiring of the account and who |
| |||||||
| |||||||
1 | continues to meet all of the qualifications for issuance of a | ||||||
2 | firearm control card set forth in this Act and any rules | ||||||
3 | adopted under this Act. The Department shall, by rule, set the | ||||||
4 | fee for issuance of a temporary firearm control card.
| ||||||
5 | (i) The Department shall not issue a firearm control card | ||||||
6 | to a licensed fingerprint vendor or a licensed locksmith or | ||||||
7 | employees of a licensed fingerprint vendor agency or a | ||||||
8 | licensed locksmith agency.
| ||||||
9 | (Source: P.A. 100-712, eff. 8-3-18.)
| ||||||
10 | (225 ILCS 447/35-43) | ||||||
11 | (Section scheduled to be repealed on January 1, 2024) | ||||||
12 | Sec. 35-43. Requirement of a canine trainer authorization | ||||||
13 | card; qualifications. | ||||||
14 | (a) No person may perform duties that include the training | ||||||
15 | of canine handlers and canines to
protect persons or property | ||||||
16 | or to conduct investigations without having been issued a | ||||||
17 | valid canine trainer authorization card by the
Department. | ||||||
18 | (b) No employer shall employ any person to perform the | ||||||
19 | duties for which employee registration
is required under this | ||||||
20 | Act and allow that person to train canine handlers and canines | ||||||
21 | unless that person has been issued a canine
trainer | ||||||
22 | authorization card. | ||||||
23 | (c) The Department shall issue a canine trainer | ||||||
24 | authorization card to a person who (i) has passed an
approved | ||||||
25 | canine trainer training course, (ii) is currently employed by |
| |||||||
| |||||||
1 | an agency licensed under this
Act, and (iii) has met all of the | ||||||
2 | applicable requirements of this Act. Application for the | ||||||
3 | canine trainer authorization
card shall be made by the | ||||||
4 | employer to the Department on forms provided by the | ||||||
5 | Department.
The Department shall forward the card to the | ||||||
6 | employer who shall be responsible for its issuance
to the | ||||||
7 | employee. | ||||||
8 | (d) The Department may, in addition to any other | ||||||
9 | disciplinary action permitted by this Act, refuse
to issue, | ||||||
10 | suspend, or revoke a canine trainer authorization card if the | ||||||
11 | applicant or holder has been
convicted of any felony or | ||||||
12 | misdemeanor involving cruelty to animals or for a violation of | ||||||
13 | this
Act or rules promulgated under this Act. | ||||||
14 | (e) Qualifications for canine trainers shall be set by the | ||||||
15 | Department by rule. Any person who has been engaged in the | ||||||
16 | provision of canine trainer services prior to January 1, 2005, | ||||||
17 | shall be granted a canine trainer authorization card upon the | ||||||
18 | submission of a completed application, the payment of | ||||||
19 | applicable fees, and the demonstration satisfactory to the | ||||||
20 | Department of the provision of such services.
| ||||||
21 | (Source: P.A. 95-613, eff. 9-11-07 .)
| ||||||
22 | (225 ILCS 447/35-45)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
24 | Sec. 35-45. Armed proprietary security force.
| ||||||
25 | (a) All financial institutions or commercial or industrial |
| |||||||
| |||||||
1 | operations that employ one or more
armed employees shall | ||||||
2 | register their security forces
with the Department on forms | ||||||
3 | provided by the Department. Registration subjects the security | ||||||
4 | force to all of the requirements of Section 35-40. For the | ||||||
5 | purposes of this Section,
"financial institution" includes a | ||||||
6 | bank, savings and loan
association, credit union, currency | ||||||
7 | exchange, or company
providing armored car services.
| ||||||
8 | (b) All armed employees of the registered
proprietary | ||||||
9 | security force must complete a 20-hour basic
training course | ||||||
10 | and all the firearm training requirements of Section 35-40.
| ||||||
11 | (c) Every proprietary security force is required to
apply | ||||||
12 | to the Department, on forms supplied by the Department,
for a | ||||||
13 | firearm control card for each armed employee. Each armed
| ||||||
14 | employee shall have the employee's his or her fingerprints | ||||||
15 | submitted to the
Department of State Police in an electronic | ||||||
16 | format that
complies with the form and manner for requesting | ||||||
17 | and
furnishing criminal history record information as | ||||||
18 | prescribed
by the Department of State Police. These | ||||||
19 | fingerprints shall be
checked against the Department of State | ||||||
20 | Police and Federal
Bureau of Investigation criminal history | ||||||
21 | record databases. The Department of State Police shall
charge | ||||||
22 | the armed employee a fee for conducting the criminal
history | ||||||
23 | records check, which shall be deposited in the State
Police | ||||||
24 | Services Fund and shall not exceed the actual cost of
the | ||||||
25 | records check. The Department of State Police shall
furnish, | ||||||
26 | pursuant to positive identification, records of
Illinois |
| |||||||
| |||||||
1 | convictions to the Department. The Department may
require | ||||||
2 | armed employees to pay a separate fingerprinting fee,
either | ||||||
3 | to the Department or directly to the vendor. The
Department, | ||||||
4 | in its discretion, may allow an armed employee who
does not | ||||||
5 | have reasonable access to a designated vendor to
provide the | ||||||
6 | employee's his or her fingerprints in an alternative manner. | ||||||
7 | The
Department, in its discretion, may also use other | ||||||
8 | procedures
in performing or obtaining criminal background | ||||||
9 | checks of armed
employees. Instead of submitting the | ||||||
10 | employee's his or her fingerprints, an
individual may submit | ||||||
11 | proof that is satisfactory to the
Department that an | ||||||
12 | equivalent security clearance has been
conducted. Also, an | ||||||
13 | individual who has retired as a peace
officer within 12 months | ||||||
14 | before application may submit
verification, on forms provided | ||||||
15 | by the Department and signed
by the employee's his or her | ||||||
16 | employer, of the employee's his or her previous full-time
| ||||||
17 | employment as a peace officer.
| ||||||
18 | (d) The Department may provide rules for the
| ||||||
19 | administration of this Section.
| ||||||
20 | (Source: P.A. 102-152, eff. 1-1-22 .)
| ||||||
21 | (225 ILCS 447/40-5)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
23 | Sec. 40-5. Injunctive relief. | ||||||
24 | (a) The practice of a private
detective, private security | ||||||
25 | contractor, private alarm
contractor, fingerprint vendor, |
| |||||||
| |||||||
1 | locksmith, private detective agency, private
security | ||||||
2 | contractor agency, private alarm contractor agency,
| ||||||
3 | fingerprint vendor agency, or locksmith agency by any person, | ||||||
4 | firm, corporation, or other
legal entity that has not been | ||||||
5 | issued a license by the
Department or whose license has been | ||||||
6 | suspended, revoked, or
not renewed is hereby declared to be | ||||||
7 | inimical to the public
safety and welfare and to constitute a | ||||||
8 | public nuisance. The
Secretary may, in the name of the People | ||||||
9 | of the State of Illinois through the Attorney General of the | ||||||
10 | State of Illinois or the State's Attorney
of any county in | ||||||
11 | which the violation is alleged to have occurred in the State of | ||||||
12 | Illinois, petition for an order enjoining the violation or for | ||||||
13 | an order enforcing compliance with this Act. Upon the
filing | ||||||
14 | of a verified petition in court, if satisfied by
affidavit or | ||||||
15 | otherwise that the person, firm, corporation, or
other legal | ||||||
16 | entity is or has been conducting activities in
violation of | ||||||
17 | this Act, the court may enter a temporary
restraining order or | ||||||
18 | preliminary injunction, without bond,
enjoining the defendant | ||||||
19 | from further activity. A copy of the
verified complaint shall | ||||||
20 | be served upon the defendant and the
proceedings shall be | ||||||
21 | conducted as in civil cases. If it is
established the | ||||||
22 | defendant has been or is conducting activities
in violation of | ||||||
23 | this Act, the court may enter a judgment
enjoining the | ||||||
24 | defendant from that activity. In case of
violation of any | ||||||
25 | injunctive order or judgment entered under
this Section, the | ||||||
26 | court may punish the offender for contempt
of court. |
| |||||||
| |||||||
1 | Injunctive proceedings shall be in addition to all
other | ||||||
2 | penalties under this Act.
| ||||||
3 | (b) If any person practices as a private detective, | ||||||
4 | private security contractor, private alarm contractor, | ||||||
5 | fingerprint vendor, locksmith, private detective agency, | ||||||
6 | private security contractor agency, private alarm contractor | ||||||
7 | agency, fingerprint vendor agency, or locksmith agency or | ||||||
8 | holds himself or herself out as such without having a valid | ||||||
9 | license under this Act, then any licensee, any interested | ||||||
10 | party, or any person injured thereby may, in addition to the | ||||||
11 | Secretary, petition for relief as provided in subsection (a) | ||||||
12 | of this Section. Reasonable attorney's fees and costs may be | ||||||
13 | awarded to the licensee, interested party, or person injured | ||||||
14 | if the licensee, interested party, or person injured he or she | ||||||
15 | successfully obtains injunctive relief, whether by consent or | ||||||
16 | otherwise. | ||||||
17 | (Source: P.A. 102-418, eff. 8-20-21.)
| ||||||
18 | (225 ILCS 447/40-10)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
20 | Sec. 40-10. Disciplinary sanctions.
| ||||||
21 | (a) The Department may deny issuance, refuse to renew,
or | ||||||
22 | restore or may reprimand, place on probation, suspend,
revoke, | ||||||
23 | or take other disciplinary or non-disciplinary action against | ||||||
24 | any license, registration, permanent employee
registration | ||||||
25 | card, canine handler authorization card, canine trainer |
| |||||||
| |||||||
1 | authorization card, or firearm control
card, may
impose a fine | ||||||
2 | not to exceed $10,000 for each violation, and may assess costs | ||||||
3 | as provided for under Section 45-60, for
any of the following:
| ||||||
4 | (1) Fraud, deception, or misrepresentation in | ||||||
5 | obtaining or renewing of
a license or registration.
| ||||||
6 | (2) Professional incompetence as manifested by poor
| ||||||
7 | standards of service.
| ||||||
8 | (3) Engaging in dishonorable, unethical, or
| ||||||
9 | unprofessional conduct of a character likely to deceive,
| ||||||
10 | defraud, or harm the public.
| ||||||
11 | (4) Conviction of or plea of guilty or plea of nolo | ||||||
12 | contendere to a felony or misdemeanor in this State or any | ||||||
13 | other jurisdiction or the entry of an administrative | ||||||
14 | sanction by a government agency in this State or any other | ||||||
15 | jurisdiction; action taken under this paragraph (4) for a | ||||||
16 | misdemeanor or an administrative sanction is limited to a | ||||||
17 | misdemeanor or administrative sanction that has as an | ||||||
18 | essential element of dishonesty or fraud or involves | ||||||
19 | larceny, embezzlement, or obtaining money, property, or | ||||||
20 | credit by false pretenses or by means of a confidence | ||||||
21 | game.
| ||||||
22 | (5) Performing any services in a grossly negligent
| ||||||
23 | manner or permitting any of a licensee's employees to | ||||||
24 | perform
services in a grossly negligent manner, regardless | ||||||
25 | of whether
actual damage to the public is established.
| ||||||
26 | (6) Continued practice, although the person
has become |
| |||||||
| |||||||
1 | unfit to practice due to any of the
following:
| ||||||
2 | (A) Physical illness, mental illness, or other | ||||||
3 | impairment, including, but not
limited to, | ||||||
4 | deterioration through the aging process or loss of
| ||||||
5 | motor skills that results in the inability to serve | ||||||
6 | the public
with reasonable judgment, skill, or safety.
| ||||||
7 | (B) (Blank).
| ||||||
8 | (C) Habitual or excessive use or abuse of drugs | ||||||
9 | defined in law as controlled substances, alcohol, or | ||||||
10 | any other substance that results in the inability to | ||||||
11 | practice with reasonable judgment, skill, or safety.
| ||||||
12 | (7) Receiving, directly or indirectly, compensation
| ||||||
13 | for any services not rendered.
| ||||||
14 | (8) Willfully deceiving or defrauding the public on
a | ||||||
15 | material matter.
| ||||||
16 | (9) Failing to account for or remit any moneys or
| ||||||
17 | documents coming into the licensee's possession that
| ||||||
18 | belong to another person or entity.
| ||||||
19 | (10) Discipline by another United States
jurisdiction, | ||||||
20 | foreign nation, or governmental agency, if at least one of | ||||||
21 | the grounds
for the discipline is the same or | ||||||
22 | substantially equivalent to
those set forth in this Act.
| ||||||
23 | (11) Giving differential treatment to a person that
is | ||||||
24 | to that person's detriment because of race, color, creed,
| ||||||
25 | sex, religion, or national origin.
| ||||||
26 | (12) Engaging in false or misleading advertising.
|
| |||||||
| |||||||
1 | (13) Aiding, assisting, or willingly permitting
| ||||||
2 | another person to violate this Act or rules promulgated | ||||||
3 | under
it.
| ||||||
4 | (14) Performing and charging for services without
| ||||||
5 | authorization to do so from the person or entity serviced.
| ||||||
6 | (15) Directly or indirectly offering or accepting
any | ||||||
7 | benefit to or from any employee, agent, or fiduciary
| ||||||
8 | without the consent of the latter's employer or principal | ||||||
9 | with
intent to or the understanding that this action will | ||||||
10 | influence
the person's his or her conduct in relation to | ||||||
11 | the person's his or her employer's or
principal's affairs.
| ||||||
12 | (16) Violation of any disciplinary order imposed on
a | ||||||
13 | licensee by the Department.
| ||||||
14 | (17) Performing any act or practice that is a | ||||||
15 | violation of this Act or the rules for the administration | ||||||
16 | of this Act, or having a conviction or administrative | ||||||
17 | finding of guilty as a result of violating any federal or | ||||||
18 | State laws, rules, or regulations that apply exclusively | ||||||
19 | to the practices of private detectives, private alarm | ||||||
20 | contractors, private security contractors, fingerprint | ||||||
21 | vendors, or locksmiths.
| ||||||
22 | (18) Owning, operating, or managing Conducting an | ||||||
23 | agency without a valid license.
| ||||||
24 | (19) Revealing confidential information, except as
| ||||||
25 | required by law, including but not limited to information
| ||||||
26 | available under Section 2-123 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code.
| ||||||
2 | (20) Failing to make available to the Department,
upon | ||||||
3 | request, any books, records, or forms required by this
| ||||||
4 | Act.
| ||||||
5 | (21) Failing, within 30 days, to respond to a
written | ||||||
6 | request for information from the Department.
| ||||||
7 | (22) Failing to provide employment information or
| ||||||
8 | experience information required by the Department | ||||||
9 | regarding an
applicant for licensure.
| ||||||
10 | (23) Failing to make available to the Department at
| ||||||
11 | the time of the request any indicia of licensure or
| ||||||
12 | registration issued under this Act.
| ||||||
13 | (24) Purporting to be a licensee-in-charge of an
| ||||||
14 | agency without active participation in the agency.
| ||||||
15 | (25) A finding by the Department that the licensee, | ||||||
16 | after having the licensee's his or her license placed on | ||||||
17 | probationary status, has violated the terms of probation. | ||||||
18 | (26) Violating subsection (f) of Section 30-30. | ||||||
19 | (27) A firearm control card holder having more | ||||||
20 | firearms in the holder's his or her immediate possession | ||||||
21 | than the holder he or she can reasonably exercise control | ||||||
22 | over. | ||||||
23 | (28) Failure to report in writing to the Department, | ||||||
24 | within 60 days of an entry of a settlement or a verdict in | ||||||
25 | excess of $10,000, any legal action in which the quality | ||||||
26 | of the licensee's or registrant's professional services |
| |||||||
| |||||||
1 | was the subject of the legal action. | ||||||
2 | (b) All fines imposed under this Section shall be paid | ||||||
3 | within 60 days after the effective date of the order imposing | ||||||
4 | the fine.
| ||||||
5 | (c) The Department shall adopt rules that set forth | ||||||
6 | standards of service for the following:
(i) acceptable error | ||||||
7 | rate in the transmission of fingerprint images and other data | ||||||
8 | to the Illinois State Police;
(ii) acceptable error rate in | ||||||
9 | the collection and documentation of information used to | ||||||
10 | generate
fingerprint work orders;
and (iii) any other standard | ||||||
11 | of service that affects fingerprinting services as determined | ||||||
12 | by the
Department.
| ||||||
13 | The determination by a circuit court that a licensee is | ||||||
14 | subject to involuntary admission or judicial admission, as | ||||||
15 | provided in the Mental Health and Developmental Disabilities | ||||||
16 | Code, operates as an automatic suspension. The suspension will | ||||||
17 | end only upon a finding by a court that the patient is no | ||||||
18 | longer subject to involuntary admission or judicial admission | ||||||
19 | and the issuance of an order so finding and discharging the | ||||||
20 | patient. | ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
22 | (225 ILCS 447/40-20)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
24 | Sec. 40-20. Confidential information; violation. Any
| ||||||
25 | person who is or has been an employee of a licensee shall not
|
| |||||||
| |||||||
1 | divulge to anyone, other than to the person's his or her | ||||||
2 | employer, except
as required by law or at the his employer's | ||||||
3 | direction, any
confidential or proprietary information | ||||||
4 | acquired during the person's his or
her employment. Any | ||||||
5 | individual who violates this Section or
who files false papers | ||||||
6 | or reports to the person's his or her employer may
be | ||||||
7 | disciplined under Section 40-10 of this Act.
| ||||||
8 | (Source: P.A. 93-438, eff. 8-5-03 .)
| ||||||
9 | (225 ILCS 447/40-25)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
11 | Sec. 40-25. Submission to physical or mental examination. | ||||||
12 | (a) The Department or Board upon a showing of a possible | ||||||
13 | violation may compel an individual licensed to practice under | ||||||
14 | this Act, or who has applied for licensure under this Act, to | ||||||
15 | submit to a mental or physical examination, or both, which may
| ||||||
16 | include a substance abuse or sexual offender evaluation, as | ||||||
17 | required by and at the expense of the Department. The
| ||||||
18 | Department or Board shall specifically designate the examining
| ||||||
19 | physician licensed to practice medicine in all of its branches
| ||||||
20 | or, if applicable, the multidisciplinary team involved in
| ||||||
21 | providing the mental or physical examination, evaluation,
or | ||||||
22 | both. The multidisciplinary team shall be led by a
physician | ||||||
23 | licensed to practice medicine in all of its branches
and may | ||||||
24 | consist of one or more or a combination of physicians
licensed | ||||||
25 | to practice medicine in all of its branches, licensed
|
| |||||||
| |||||||
1 | chiropractic physicians, licensed clinical psychologists,
| ||||||
2 | licensed clinical social workers, licensed clinical
| ||||||
3 | professional counselors, and other professional and
| ||||||
4 | administrative staff. Any examining physician or member of the
| ||||||
5 | multidisciplinary team may require any person ordered to
| ||||||
6 | submit to an examination and evaluation pursuant to this
| ||||||
7 | Section to submit to any additional supplemental testing
| ||||||
8 | deemed necessary to complete any examination or evaluation
| ||||||
9 | process, including, but not limited to, blood testing,
| ||||||
10 | urinalysis, psychological testing, or neuropsychological
| ||||||
11 | testing. The Department or the Board may order the examining
| ||||||
12 | physician or any member of the multidisciplinary team to
| ||||||
13 | provide to the Department any and all records, including
| ||||||
14 | business records, that relate to the examination and
| ||||||
15 | evaluation, including any supplemental testing performed. The
| ||||||
16 | Department or the Board may order the examining physician or
| ||||||
17 | any member of the multidisciplinary team to present testimony
| ||||||
18 | concerning this examination and evaluation of the licensee or
| ||||||
19 | applicant, including testimony concerning any supplemental
| ||||||
20 | testing or documents relating to the examination and
| ||||||
21 | evaluation. No information, report, record, or other documents
| ||||||
22 | in any way related to the examination and evaluation shall be
| ||||||
23 | excluded by reason of any common law or statutory privilege
| ||||||
24 | relating to communication between the licensee or applicant
| ||||||
25 | and the examining physician or any member of the
| ||||||
26 | multidisciplinary team. No authorization is necessary from the
|
| |||||||
| |||||||
1 | licensee or applicant ordered to undergo an evaluation and
| ||||||
2 | examination for the examining physician or any member of the
| ||||||
3 | multidisciplinary team to provide information, reports,
| ||||||
4 | records, or other documents or to provide any testimony
| ||||||
5 | regarding the examination and evaluation. The individual to be | ||||||
6 | examined may have, at the individual's his or her own expense, | ||||||
7 | another physician of the individual's his or her choice | ||||||
8 | present during all aspects of this examination. Failure of an | ||||||
9 | individual to submit to a mental or physical examination, or | ||||||
10 | both, when directed, shall result in automatic suspension | ||||||
11 | without hearing, until such time as the individual submits to | ||||||
12 | the examination. | ||||||
13 | (b) In instances in which the Secretary immediately | ||||||
14 | suspends a person's license for the person's his or her | ||||||
15 | failure to submit to a mental or physical examination when | ||||||
16 | directed, a hearing on that person's license must be convened | ||||||
17 | by the Department within 15 days after the suspension and | ||||||
18 | completed without appreciable delay. | ||||||
19 | (c) In instances in which the Secretary otherwise suspends | ||||||
20 | a person's license pursuant to the results of a compelled | ||||||
21 | mental or physical examination, a hearing on that person's | ||||||
22 | license must be convened by the Department within 15 days | ||||||
23 | after the suspension and completed without appreciable delay. | ||||||
24 | The Department and Board shall have the authority to review | ||||||
25 | the subject individual's record of treatment and counseling | ||||||
26 | regarding the impairment to the extent permitted by applicable |
| |||||||
| |||||||
1 | federal statutes and regulations safeguarding the | ||||||
2 | confidentiality of medical records. | ||||||
3 | (d) An individual licensed under this Act and affected | ||||||
4 | under this Section shall be afforded an opportunity to | ||||||
5 | demonstrate to the Department or Board that the individual he | ||||||
6 | or she can resume practice in compliance with acceptable and | ||||||
7 | prevailing standards under the provisions of the individual's | ||||||
8 | his or her license.
| ||||||
9 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
10 | (225 ILCS 447/40-30)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
12 | Sec. 40-30. Insufficient funds; checks. A person who
| ||||||
13 | delivers a check or other payment to the Department that is
| ||||||
14 | returned to the Department unpaid by the financial institution
| ||||||
15 | upon which it was drawn shall pay to the Department, in
| ||||||
16 | addition to the amount already owed, a penalty of $50. The
| ||||||
17 | Department shall notify the person by first class mail
that | ||||||
18 | the person's his or her check
or payment was returned and that | ||||||
19 | the person shall pay to the
Department by certified check or | ||||||
20 | money order the amount of the
returned check plus a $50 penalty | ||||||
21 | within 30 calendar days
after the date of the notification. | ||||||
22 | If, after the expiration
of 30 calendar days of the | ||||||
23 | notification, the person has failed
to remit the necessary | ||||||
24 | funds and penalty, the Department shall
automatically | ||||||
25 | terminate the license or deny the application
without a |
| |||||||
| |||||||
1 | hearing. If the returned check or other payment was
for | ||||||
2 | issuance of a license under this Act and that person
practices | ||||||
3 | as a licensee, that person may be subject to
discipline for | ||||||
4 | unlicensed practice as provided in this Act.
If, after | ||||||
5 | termination or denial, the person seeks a license,
the person | ||||||
6 | he or she shall petition the Department for restoration and | ||||||
7 | the person he
or she may be subject to additional discipline or | ||||||
8 | fines. The Secretary
may waive the penalties or fines due | ||||||
9 | under this
Section in individual cases where the Secretary | ||||||
10 | finds that the
penalties or fines would be unreasonable or | ||||||
11 | unnecessarily
burdensome.
| ||||||
12 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
13 | (225 ILCS 447/45-10)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
15 | Sec. 45-10. Complaints; investigations; hearings.
| ||||||
16 | (a) The Department may investigate the actions of
any | ||||||
17 | applicant or of any person or persons holding or claiming
to | ||||||
18 | hold a license or registration under this Act.
| ||||||
19 | (b) The Department shall,
before disciplining a
licensee | ||||||
20 | under Section 40-10 or refusing to issue or license, at least | ||||||
21 | 30 days before the date
set for the hearing, (i) notify the | ||||||
22 | accused in writing of the
charges made and the time and place | ||||||
23 | for the hearing on the
charges, (ii) direct the accused him or | ||||||
24 | her to file a written answer to
the charges under oath within | ||||||
25 | 20 days after service, and (iii)
inform the applicant or |
| |||||||
| |||||||
1 | licensee that failure to answer will
result in a default being | ||||||
2 | entered against the applicant or
licensee.
| ||||||
3 | (c) At the time and place fixed in the notice, the Board
or | ||||||
4 | the hearing officer appointed by the Secretary shall
proceed | ||||||
5 | to hear the charges, and the parties or their counsel
shall be | ||||||
6 | accorded ample opportunity to present any pertinent
| ||||||
7 | statements, testimony, evidence, and arguments. The Board or
| ||||||
8 | hearing officer may continue the hearing from time to time. In
| ||||||
9 | case the person, after receiving the notice, fails to file an
| ||||||
10 | answer, the person's his or her license may, in the discretion | ||||||
11 | of the
Secretary, having first received the recommendation of | ||||||
12 | the
Board, be suspended, revoked, or placed on probationary
| ||||||
13 | status, or be subject to whatever disciplinary action the
| ||||||
14 | Secretary considers proper, including limiting the scope,
| ||||||
15 | nature, or extent of the person's practice or the imposition
| ||||||
16 | of a fine, without hearing, if the act or acts charged
| ||||||
17 | constitute sufficient grounds for that action under this Act.
| ||||||
18 | (d) The written notice and any notice in the subsequent
| ||||||
19 | proceeding may be served by regular or certified mail to the
| ||||||
20 | licensee's address of record or electronically to the | ||||||
21 | licensee's email address of record .
| ||||||
22 | (e) The Secretary has the authority to appoint any
| ||||||
23 | attorney licensed to practice law in the State of Illinois
to | ||||||
24 | serve as the hearing officer in any action for refusal
to | ||||||
25 | issue, restore, or renew a license or to discipline a
| ||||||
26 | licensee. The hearing officer has full authority to
conduct |
| |||||||
| |||||||
1 | the hearing.
| ||||||
2 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
3 | (225 ILCS 447/45-15)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
5 | Sec. 45-15. Hearing; rehearing.
| ||||||
6 | (a) The Board or the hearing officer authorized by the
| ||||||
7 | Department shall hear evidence in support of the formal
| ||||||
8 | charges and evidence produced by the licensee. At the
| ||||||
9 | conclusion of the hearing, the Board shall present to the | ||||||
10 | Secretary a written report of its findings of
fact, | ||||||
11 | conclusions of law, and recommendations. The
report shall | ||||||
12 | contain a finding of whether the accused
person violated this | ||||||
13 | Act or failed to comply with the
conditions required in this | ||||||
14 | Act. The Board shall specify
the nature of the violation or | ||||||
15 | failure to comply and shall
make its recommendation to the | ||||||
16 | Secretary.
| ||||||
17 | (b) At the conclusion of the hearing, a copy of the Board | ||||||
18 | or hearing officer's report shall be served upon the
applicant | ||||||
19 | or licensee by the Department, either personally
or as | ||||||
20 | provided in this Act for the service of a notice of
hearing. | ||||||
21 | Within 20 calendar days after service, the
applicant or | ||||||
22 | licensee may present to the Secretary Department a
motion in | ||||||
23 | writing for a rehearing, which shall specify the
particular | ||||||
24 | grounds for rehearing. The Department may
respond to the | ||||||
25 | motion for rehearing within 20 calendar
days after its service |
| |||||||
| |||||||
1 | on the Department. If no motion for
rehearing is filed, then | ||||||
2 | upon the expiration of the time
specified for filing such a | ||||||
3 | motion, or upon denial of a motion for rehearing, the | ||||||
4 | Secretary may
enter an order in accordance with the | ||||||
5 | recommendations of
the Board or hearing officer. If the | ||||||
6 | applicant or licensee
orders from the reporting service and | ||||||
7 | pays for a
transcript of the record within the time for filing | ||||||
8 | a
motion for rehearing, the 20-day period within which a
| ||||||
9 | motion may be filed shall commence upon the delivery of
the | ||||||
10 | transcript to the applicant or licensee.
| ||||||
11 | (c) If the Secretary disagrees in any regard with the
| ||||||
12 | report of the Board or the hearing officer , the Secretary may | ||||||
13 | issue an order contrary to the report. The finding is not | ||||||
14 | admissible
in evidence against the person in a criminal | ||||||
15 | prosecution
brought for the violation of this Act, but the | ||||||
16 | hearing and
findings are not a bar to a criminal prosecution | ||||||
17 | for the
violation of this Act. | ||||||
18 | (d) Whenever
the Secretary is not satisfied that | ||||||
19 | substantial justice has been done, the Secretary
may order a | ||||||
20 | rehearing by
the same or another hearing officer.
| ||||||
21 | (e) All proceedings under this Section are matters of
| ||||||
22 | public record and shall be preserved.
| ||||||
23 | (f) Upon the suspension or revocation of a license, the
| ||||||
24 | licensee shall surrender the license to the Department and,
| ||||||
25 | upon failure to do so, the Department shall seize the same.
| ||||||
26 | (Source: P.A. 98-253, eff. 8-9-13.)
|
| |||||||
| |||||||
1 | (225 ILCS 447/45-40)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
3 | Sec. 45-40. Administrative review. All final
| ||||||
4 | administrative decisions of the Department
are subject to | ||||||
5 | judicial review under
Article III of the Code of Civil | ||||||
6 | Procedure. The term
"administrative decision" is defined as in | ||||||
7 | Section 3-101 of
the Code of Civil Procedure. The proceedings | ||||||
8 | for judicial
review shall be commenced in the circuit court of | ||||||
9 | the county
in which the party applying for review resides; but | ||||||
10 | if
the party is not a resident of Illinois, the venue shall be | ||||||
11 | in
Sangamon County. The Department shall not be required to
| ||||||
12 | certify any record to the court or file any answer in court
or | ||||||
13 | otherwise appear in any court in a judicial review
proceeding, | ||||||
14 | unless and until the Department has received from the | ||||||
15 | plaintiff payment of the costs of furnishing and certifying | ||||||
16 | the record, which costs shall be determined by the Department.
| ||||||
17 | Exhibits shall be certified without cost. Failure on the part
| ||||||
18 | of the applicant or licensee to file a receipt in court is | ||||||
19 | grounds for
dismissal of the action. During all judicial | ||||||
20 | proceedings
incident to a disciplinary action, the sanctions
| ||||||
21 | imposed upon a licensee by the Department shall remain in
| ||||||
22 | effect, unless the court determines justice requires a stay of
| ||||||
23 | the order.
| ||||||
24 | (Source: P.A. 96-1445, eff. 8-20-10 .)
|
| |||||||
| |||||||
1 | (225 ILCS 447/45-55)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
3 | Sec. 45-55. Subpoenas.
| ||||||
4 | (a) The Department may subpoena and bring before it any
| ||||||
5 | person to take the oral or written testimony or compel the | ||||||
6 | production of any books, papers, records, or any other | ||||||
7 | documents that the Secretary or the Secretary's his or her | ||||||
8 | designee deems relevant or material to any such investigation | ||||||
9 | or hearing conducted by the Department
with the same fees and | ||||||
10 | in the
same manner as prescribed in civil cases in the courts | ||||||
11 | of this State.
| ||||||
12 | (b) Any circuit court, upon the application of the | ||||||
13 | applicant,
licensee, or Department, may order
the
attendance | ||||||
14 | and testimony of witnesses and the production of relevant | ||||||
15 | documents, files, records, books
and papers in connection with | ||||||
16 | any hearing or investigation.
The
circuit court may compel | ||||||
17 | obedience to its order by proceedings
for contempt.
| ||||||
18 | (c) The Secretary, the hearing officer, any member of the | ||||||
19 | Board, or a certified
shorthand court reporter may administer | ||||||
20 | oaths at any hearing
the Department conducts. Notwithstanding | ||||||
21 | any other statute or
Department rule to the contrary, all | ||||||
22 | requests for testimony,
production of documents or records | ||||||
23 | shall be in
accordance with this Act.
| ||||||
24 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
25 | (225 ILCS 447/50-5)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
2 | Sec. 50-5. Personnel; investigators. The Secretary shall
| ||||||
3 | employ, pursuant to the Personnel Code, personnel, on a | ||||||
4 | full-time or part-time
basis, for the enforcement of this
Act. | ||||||
5 | Each investigator shall have a minimum of 2 years
| ||||||
6 | investigative experience out of the immediately preceding 5
| ||||||
7 | years. No investigator may hold an active license issued
| ||||||
8 | pursuant to this Act, nor may an investigator have a financial
| ||||||
9 | interest in a business licensed under this Act. This
| ||||||
10 | prohibition, however, does not apply to an investigator
| ||||||
11 | holding stock in a business licensed under this Act, provided
| ||||||
12 | the investigator does not hold more than 5% of the stock in
the | ||||||
13 | business. Any person licensed under this Act who is
employed | ||||||
14 | by the Department shall surrender the person's his or her | ||||||
15 | license
to the Department for the duration of that employment. | ||||||
16 | The
licensee shall be exempt from all renewal fees while | ||||||
17 | employed.
While employed by the Department, the licensee is | ||||||
18 | not required
to maintain the general liability insurance | ||||||
19 | coverage required
by this Act.
| ||||||
20 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
21 | (225 ILCS 447/50-10)
| ||||||
22 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
23 | Sec. 50-10. The Private Detective,
Private Alarm, Private | ||||||
24 | Security, Fingerprint Vendor, and Locksmith Board. | ||||||
25 | (a) The Private Detective, Private
Alarm, Private |
| |||||||
| |||||||
1 | Security, Fingerprint Vendor, and Locksmith Board shall | ||||||
2 | consist of
13 members appointed by the Secretary and comprised | ||||||
3 | of 2
licensed private detectives, 3 licensed private security
| ||||||
4 | contractors, one licensed private detective or licensed | ||||||
5 | private security contractor who provides canine odor detection | ||||||
6 | services, 2 licensed private alarm contractors, one licensed | ||||||
7 | fingerprint vendor except for the initial appointment who | ||||||
8 | shall be required to have experience in the fingerprint vendor | ||||||
9 | industry that is acceptable to the Department , 2 licensed
| ||||||
10 | locksmiths, one public member who is not licensed or
| ||||||
11 | registered under this Act and who has no connection with a
| ||||||
12 | business licensed under this Act, and one member representing
| ||||||
13 | the employees registered under this Act. Each member shall be
| ||||||
14 | a resident of Illinois. Each Except for the initial | ||||||
15 | appointment of a licensed fingerprint vendor after the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly, each licensed member shall have at
least 5 years | ||||||
18 | experience as a licensee in the professional
area in which the | ||||||
19 | person is licensed and be in good standing
and actively | ||||||
20 | engaged in that profession. In making
appointments, the | ||||||
21 | Secretary shall consider the recommendations
of the | ||||||
22 | professionals and the professional organizations
representing | ||||||
23 | the licensees. The membership shall reasonably
reflect the | ||||||
24 | different geographic areas in Illinois.
| ||||||
25 | (b) Members shall serve 4 year terms and may serve until
| ||||||
26 | their successors are appointed. No member shall serve for
more |
| |||||||
| |||||||
1 | than 2 successive terms. Appointments to fill vacancies
shall | ||||||
2 | be made in the same manner as the original appointments
for the | ||||||
3 | unexpired portion of the vacated term.
| ||||||
4 | (c) A member of the Board may be removed for cause. A
| ||||||
5 | member subject to formal disciplinary proceedings shall
| ||||||
6 | disqualify oneself himself or herself from all Board business | ||||||
7 | until
the charge is resolved. A member also shall disqualify
| ||||||
8 | oneself himself or herself from any matter on which the member | ||||||
9 | cannot
act objectively.
| ||||||
10 | (d) Members shall receive compensation as set by law.
Each | ||||||
11 | member shall receive reimbursement as set by the
Governor's | ||||||
12 | Travel Control Board for expenses incurred in
carrying out the | ||||||
13 | duties as a Board member.
| ||||||
14 | (e) A majority of Board members constitutes a quorum. A
| ||||||
15 | majority vote of the quorum is required for a decision.
| ||||||
16 | (f) The Board shall elect a chairperson and vice
| ||||||
17 | chairperson annually .
| ||||||
18 | (g) Board members are not liable for their acts,
| ||||||
19 | omissions, decisions, or other conduct in connection with
| ||||||
20 | their duties on the Board, except those determined to be
| ||||||
21 | willful, wanton, or intentional misconduct.
| ||||||
22 | (h) The Board may recommend policies, procedures, and
| ||||||
23 | rules relevant to the administration and enforcement of this
| ||||||
24 | Act.
| ||||||
25 | (Source: P.A. 98-253, eff. 8-9-13.)
|
| |||||||
| |||||||
1 | (225 ILCS 447/50-15)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
3 | Sec. 50-15. Powers and duties of the Department. Subject | ||||||
4 | to the provisions of this Act, the Department may exercise the | ||||||
5 | following powers and duties:
| ||||||
6 | (1) Prescribe forms to be issued for
the | ||||||
7 | administration and enforcement of this Act.
| ||||||
8 | (2) Authorize examinations to ascertain the | ||||||
9 | qualifications and fitness of applicants for licensing as | ||||||
10 | a locksmith, private alarm contractor, private detective, | ||||||
11 | or private security contractor and pass upon the | ||||||
12 | qualifications of applicants for licensure. | ||||||
13 | (3) Examine the records of licensees or investigate | ||||||
14 | any other aspect of fingerprint vending, locksmithing, | ||||||
15 | private alarm contracting, private security contracting, | ||||||
16 | or practicing as a private detective that is relevant to | ||||||
17 | the Department's investigation or hearing. | ||||||
18 | (4) Conduct hearings on proceedings to refuse to issue | ||||||
19 | or renew licenses or to revoke, suspend, place on | ||||||
20 | probation, reprimand, or otherwise discipline a license | ||||||
21 | under this Act or take other non-disciplinary action. | ||||||
22 | (5) Adopt rules required for the administration of | ||||||
23 | this Act. | ||||||
24 | (6) (Blank). Maintain rosters of the names and | ||||||
25 | addresses of all licensees and all persons whose licenses | ||||||
26 | have been suspended, revoked, denied renewal, or otherwise |
| |||||||
| |||||||
1 | disciplined within the previous calendar year. These | ||||||
2 | rosters shall be available upon written request and | ||||||
3 | payment of the required fee as established by rule. | ||||||
4 | (Source: P.A. 98-253, eff. 8-9-13.)
| ||||||
5 | (225 ILCS 447/50-20)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2024)
| ||||||
7 | Sec. 50-20. Rules. The Department may promulgate rules
for | ||||||
8 | the administration and enforcement of this Act. The rules
| ||||||
9 | shall include standards for registration, licensure,
| ||||||
10 | professional conduct, and discipline. The Department shall
| ||||||
11 | consult with the Board prior to promulgating any rule.
| ||||||
12 | Proposed rules shall be transmitted, prior to publication in
| ||||||
13 | the Illinois Register, to the Board and the Department shall
| ||||||
14 | review the Board's recommendations and shall notify the Board
| ||||||
15 | with an explanation of any deviations from the Board's
| ||||||
16 | recommendations .
| ||||||
17 | (Source: P.A. 93-438, eff. 8-5-03 .)
| ||||||
18 | (225 ILCS 447/50-45) | ||||||
19 | (Section scheduled to be repealed on January 1, 2024) | ||||||
20 | Sec. 50-45. Illinois Administrative Procedure Act; | ||||||
21 | application. The Illinois Administrative Procedure Act is | ||||||
22 | expressly adopted and incorporated in this Act as if all of the | ||||||
23 | provisions of that Act were included in this Act, except that | ||||||
24 | the provision of paragraph (d) of Section 10-65 of the |
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1 | Illinois Administrative Procedure Act, which provides that at | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | hearings the registrant or licensee has the right to show | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | compliance with all lawful requirements for retention or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | continuation or renewal of the license, is specifically | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | excluded. For the purpose of this Act, the notice required | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | under Section 10-25 of the Illinois Administrative Procedure | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Act is considered sufficient when mailed to the address of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | record or sent electronically to the email address of record | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | last known address of a party .
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (Source: P.A. 96-1445, eff. 8-20-10 .)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (225 ILCS 447/50-35 rep.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Section 15. The Private Detective, Private Alarm, Private | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | amended by repealing Section 50-35.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 99. Effective date. This Section and Section 5 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | take effect upon becoming law.
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| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||