Full Text of HB5080 96th General Assembly
HB5080 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5080
Introduced 1/29/2010, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004. Requires an applicant for licensure as a locksmith agency to provide certain specified information to the Department. Requires a licensee who provides locksmith services to document certain information on the work order provided to the customer. Sets forth provisions concerning the address of record, additional grounds for discipline, physical or mental examinations, consent orders, restoration of licenses after disciplinary proceedings, administrative reviews, subpoenas, compelling testimony, powers and duties of the Department, fees, rosters, and the Illinois Administrative Procedure Act. Defines "address of record", "applicant", and "licensee". Makes other changes. Effective immediately.
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A BILL FOR
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HB5080 |
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LRB096 17954 ASK 33323 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 15. The Private Detective, Private Alarm, Private | 5 |
| Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 6 |
| amended by changing Sections 5-10, 30-15, 40-10, 40-25, 45-25, | 7 |
| 45-30, 45-40, 45-55, 50-10, 50-15, 50-30, and 50-35 and by | 8 |
| adding Sections 10-37, 30-30, 45-65, and 50-45 as follows:
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| (225 ILCS 447/5-10)
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| (Text of Section before amendment by P.A. 96-847 )
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| (Section scheduled to be repealed on January 1, 2014)
| 12 |
| Sec. 5-10. Definitions. As used in this Act:
| 13 |
| "Address of record" means the designated address recorded | 14 |
| by the Department in the applicant's application file or the | 15 |
| licensee's license file. | 16 |
| "Advertisement" means any printed material that is | 17 |
| published in a phone book,
newspaper, magazine, pamphlet, | 18 |
| newsletter, or other similar type of publication
that is
| 19 |
| intended to either attract business or merely provide contact | 20 |
| information to
the public for
an agency or licensee. | 21 |
| Advertisement shall include any material disseminated by
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| printed or electronic means or media, but shall not include a | 23 |
| licensee's or an
agency's
letterhead, business cards, or other |
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LRB096 17954 ASK 33323 b |
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| stationery used in routine business
correspondence or
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| customary name, address, and number type listings in a | 3 |
| telephone directory.
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| "Alarm system" means any system, including an electronic | 5 |
| access control
system, a
surveillance video system, a security | 6 |
| video system, a burglar alarm system, a
fire alarm
system, or | 7 |
| any other electronic system, that activates an audible, | 8 |
| visible,
remote, or
recorded signal that is designed for the | 9 |
| protection or detection of intrusion,
entry, theft,
fire, | 10 |
| vandalism, escape, or trespass.
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| "Applicant" means a person applying for licensure under | 12 |
| this Act as a fingerprint vendor, fingerprint vendor agency, | 13 |
| locksmith, locksmith agency, private alarm contractor, private | 14 |
| alarm contractor agency, private detective, private detective | 15 |
| agency, private security contractor, or private security | 16 |
| contractor agency. Any applicant or person who holds himself or | 17 |
| herself out as an applicant is considered a licensee for | 18 |
| purposes of enforcement, investigation, hearings, and the | 19 |
| Illinois Administrative Procedure Act. | 20 |
| "Armed employee" means a licensee or registered person who | 21 |
| is employed by an
agency licensed or an armed proprietary | 22 |
| security force registered under this
Act who carries a weapon | 23 |
| while engaged in the
performance
of official duties within the | 24 |
| course and scope of his or her employment during
the hours
and | 25 |
| times the employee is scheduled to work or is commuting between | 26 |
| his or her
home or
place of employment, provided that commuting |
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| is accomplished within one hour
from
departure from home or | 2 |
| place of employment.
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| "Armed proprietary security force" means a security force | 4 |
| made up of 5 or
more
armed individuals employed by a private, | 5 |
| commercial, or industrial operation or
one or
more armed | 6 |
| individuals employed by a financial institution as security | 7 |
| officers
for the
protection of persons or property.
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| "Board" means the Private Detective, Private Alarm, | 9 |
| Private Security, Fingerprint Vendor, and
Locksmith Board.
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| "Branch office" means a business location removed from the | 11 |
| place of business
for which an agency license has been issued, | 12 |
| including, but not limited to,
locations where active employee | 13 |
| records that are required to be maintained
under this Act are | 14 |
| kept, where prospective new
employees
are processed, or where | 15 |
| members of the public are invited in to transact
business. A
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| branch office does not include an office or other facility | 17 |
| located on the
property of an
existing client that is utilized | 18 |
| solely for the benefit of that client and is
not owned or
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| leased by the agency.
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| "Canine handler" means a person who uses or handles a | 21 |
| trained dog
to protect persons or property or
to conduct | 22 |
| investigations. | 23 |
| "Canine handler authorization card" means a card issued by | 24 |
| the Department that authorizes
the holder to use or handle a | 25 |
| trained dog to protect persons or property or to conduct
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| investigations during the performance of his or her duties as |
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| specified in this Act. | 2 |
| "Canine trainer" means a person who acts as a dog trainer | 3 |
| for the purpose of training dogs to protect
persons or property | 4 |
| or to conduct investigations. | 5 |
| "Canine trainer authorization card" means a card issued by | 6 |
| the Department that authorizes the
holder to train a dog to | 7 |
| protect persons or property or to conduct investigations during | 8 |
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performance of his or her duties as specified in this Act. | 9 |
| "Canine training facility" means a facility operated by a | 10 |
| licensed private detective agency or private
security agency | 11 |
| wherein dogs are trained for the purposes of protecting persons | 12 |
| or property or to
conduct investigations.
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| "Corporation" means an artificial person or legal entity | 14 |
| created by or under
the
authority of the laws of a state, | 15 |
| including without limitation a corporation,
limited liability | 16 |
| company, or any other legal entity.
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| "Department" means the Department of Financial and
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| Professional Regulation.
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| "Employee" means a person who works for a person or agency | 20 |
| that has the
right to
control the details of the work performed | 21 |
| and is not dependent upon whether or
not
federal or state | 22 |
| payroll taxes are withheld.
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| "Fingerprint vendor" means a person that offers, | 24 |
| advertises, or provides services to fingerprint individuals, | 25 |
| through electronic or other means, for the purpose of providing | 26 |
| fingerprint images and associated demographic data to the |
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| Department of State Police for processing fingerprint based | 2 |
| criminal history record information inquiries. | 3 |
| "Fingerprint vendor agency" means a person, firm, | 4 |
| corporation, or other legal entity that engages in the | 5 |
| fingerprint vendor business and employs, in addition to the | 6 |
| fingerprint vendor licensee-in-charge, at least one other | 7 |
| person in conducting that business. | 8 |
| "Fingerprint vendor licensee-in-charge" means a person who | 9 |
| has been designated by a fingerprint vendor 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. The | 15 |
| Department shall adopt rules mandating licensee-in-charge | 16 |
| participation in agency affairs.
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| "Fire alarm system" means any system that is activated by | 18 |
| an automatic or
manual device in the detection of smoke, heat, | 19 |
| or fire that activates an
audible, visible, or
remote signal | 20 |
| requiring a response.
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| "Firearm control card" means a card issued by the | 22 |
| Department that
authorizes
the holder, who has complied with | 23 |
| the training and other requirements of this Act, to carry a | 24 |
| weapon during the performance of his or her duties as
specified | 25 |
| in
this Act.
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| "Firm" means an unincorporated business entity, including |
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| but not limited to
proprietorships and partnerships.
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| "Licensee" means a person licensed under this Act as a | 3 |
| fingerprint vendor, fingerprint vendor agency, locksmith, | 4 |
| locksmith agency, private alarm contractor, private alarm | 5 |
| contractor agency, private detective, private detective | 6 |
| agency, private security contractor, or private security | 7 |
| contractor agency. Anyone who holds himself or herself out as a | 8 |
| licensee or who is accused of unlicensed practice is considered | 9 |
| a licensee for purposes of enforcement, investigation, | 10 |
| hearings, and the Illinois Administrative Procedure Act. | 11 |
| "Locksmith" means
a person who engages in a business or | 12 |
| holds himself out to the public as
providing a service that | 13 |
| includes, but is not limited to, the servicing,
installing, | 14 |
| originating first keys, re-coding, repairing, maintaining,
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| manipulating, or bypassing of a mechanical or electronic | 16 |
| locking device, access
control or video surveillance system at | 17 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 18 |
| automatic teller machines.
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| "Locksmith agency" means a person, firm, corporation, or | 20 |
| other legal entity
that engages
in the
locksmith business and | 21 |
| employs, in addition to the locksmith
licensee-in-charge, at | 22 |
| least
one other person in conducting such business.
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| "Locksmith licensee-in-charge" means a person who has been | 24 |
| designated by
agency to be the licensee-in-charge of an agency,
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| who is a
full-time management employee or owner who assumes | 26 |
| sole responsibility
for
maintaining all records required by |
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LRB096 17954 ASK 33323 b |
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| this Act, and who assumes sole
responsibility for
assuring the | 2 |
| licensed agency's compliance with its responsibilities as | 3 |
| stated
in this Act. The Department shall adopt rules mandating | 4 |
| licensee-in-charge
participation in agency affairs.
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| "Peace officer" or "police officer" means a person who, by | 6 |
| virtue of office
or
public
employment, is vested by law with a | 7 |
| duty to maintain public order or to make
arrests for
offenses, | 8 |
| whether that duty extends to all offenses or is limited to | 9 |
| specific
offenses.
Officers, agents, or employees of the | 10 |
| federal government commissioned by
federal
statute
to make | 11 |
| arrests for violations of federal laws are considered peace | 12 |
| officers.
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| "Permanent employee registration card" means a card issued | 14 |
| by the Department
to an
individual who has applied to the | 15 |
| Department and meets the requirements for
employment by a | 16 |
| licensed agency under this Act.
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| "Person" means a natural person.
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| "Private alarm contractor" means a person who engages in a | 19 |
| business that
individually or through others undertakes, | 20 |
| offers to undertake, purports to
have the
capacity to | 21 |
| undertake, or submits a bid to sell, install, design, monitor, | 22 |
| maintain,
alter, repair,
replace, or service alarm and other | 23 |
| security-related systems or parts thereof,
including fire
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| alarm systems, at protected premises or premises to be | 25 |
| protected or responds to
alarm
systems at a protected premises | 26 |
| on an emergency basis and not as a full-time
security officer. |
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| "Private alarm contractor" does not include a person, firm,
or
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| corporation that
manufactures or sells alarm systems
only from | 3 |
| its place of business and does not sell, install, monitor, | 4 |
| maintain,
alter, repair, replace, service, or respond to alarm | 5 |
| systems at protected
premises or premises to be protected.
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| "Private alarm contractor agency" means a person, | 7 |
| corporation, or other
entity
that
engages in the private alarm | 8 |
| contracting business and employs, in addition to
the private
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| alarm contractor-in-charge, at least one other person in | 10 |
| conducting such
business.
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| "Private alarm contractor licensee-in-charge" means a | 12 |
| person who has been
designated by an
agency to be the | 13 |
| licensee-in-charge of an agency, who is a full-time management
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| employee or owner who
assumes sole
responsibility for | 15 |
| maintaining all records required by this Act, and who
assumes
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| sole
responsibility for assuring the licensed agency's | 17 |
| compliance with its
responsibilities as
stated in this Act.
The | 18 |
| Department shall adopt rules mandating licensee-in-charge | 19 |
| participation in
agency affairs.
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| "Private detective" means any person who by any means, | 21 |
| including, but not
limited to, manual, canine odor detection,
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| or electronic methods, engages in the business of, accepts
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| employment
to furnish, or agrees to make or makes | 24 |
| investigations for a fee or other
consideration to
obtain | 25 |
| information relating to:
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| (1) Crimes or wrongs done or threatened against the |
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| United States, any
state or
territory of the United States, | 2 |
| or any local government of a state or
territory.
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| (2) The identity, habits, conduct, business | 4 |
| occupation, honesty,
integrity,
credibility, knowledge, | 5 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 6 |
| whereabouts, affiliations, associations, transactions, | 7 |
| acts,
reputation, or character of any person, firm, or | 8 |
| other entity by any means,
manual or electronic.
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| (3) The location, disposition, or recovery of lost or | 10 |
| stolen property.
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| (4) The cause, origin, or responsibility for fires, | 12 |
| accidents, or injuries
to
individuals or real or personal | 13 |
| property.
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| (5) The truth or falsity of any statement or | 15 |
| representation.
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| (6) Securing evidence to be used before any court, | 17 |
| board, or investigating
body.
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| (7) The protection of individuals from bodily harm or | 19 |
| death (bodyguard
functions).
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| (8) Service of process in criminal and civil | 21 |
| proceedings without court
order.
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| "Private detective agency" means a person, firm, | 23 |
| corporation, or other legal
entity that engages
in the
private | 24 |
| detective business and employs, in addition to the | 25 |
| licensee-in-charge,
one or more
persons in conducting such | 26 |
| business.
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| "Private detective licensee-in-charge" means a person who | 2 |
| has been designated
by an agency
to be the licensee-in-charge | 3 |
| of an
agency,
who is a full-time management employee or owner
| 4 |
| who assumes sole
responsibility
for
maintaining all records | 5 |
| required by this Act, and who assumes sole
responsibility
for | 6 |
| assuring
the licensed agency's compliance with its | 7 |
| responsibilities as stated in this
Act. The Department shall | 8 |
| adopt rules mandating licensee-in-charge
participation in | 9 |
| agency affairs.
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| "Private security contractor" means a person who engages in | 11 |
| the business of
providing a private security officer, watchman, | 12 |
| patrol, guard dog, canine odor detection, or a similar service | 13 |
| by
any other
title or name on a contractual basis for another | 14 |
| person, firm, corporation, or
other entity
for a fee or other | 15 |
| consideration and performing one or more of the following
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| functions:
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| (1) The prevention or detection of intrusion, entry, | 18 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 19 |
| governmental property.
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| (2) The prevention, observation, or detection of any | 21 |
| unauthorized activity
on
private or governmental property.
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| (3) The protection of persons authorized to be on the | 23 |
| premises of the
person,
firm, or other entity for which the | 24 |
| security contractor contractually provides
security | 25 |
| services.
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| (4) The prevention of the misappropriation or |
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| concealment of goods, money,
bonds, stocks, notes, | 2 |
| documents, or papers.
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| (5) The control, regulation, or direction of the | 4 |
| movement of the public
for
the
time specifically required | 5 |
| for the protection of property owned or controlled
by the | 6 |
| client.
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| (6) The protection of individuals from bodily harm or | 8 |
| death (bodyguard
functions).
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| "Private security contractor agency" means a person, firm, | 10 |
| corporation, or
other legal entity that
engages in
the private | 11 |
| security contractor business and that employs, in addition to | 12 |
| the
licensee-in-charge, one or more persons in conducting such | 13 |
| business.
| 14 |
| "Private security contractor licensee-in-charge" means a | 15 |
| person who has been
designated by an agency to be the
| 16 |
| licensee-in-charge of an
agency, who is a full-time management | 17 |
| employee or owner
who assumes sole responsibility for | 18 |
| maintaining all records required by this
Act, and who
assumes | 19 |
| sole responsibility for assuring the licensed agency's | 20 |
| compliance with
its
responsibilities as
stated in this Act. The | 21 |
| Department shall adopt rules mandating
licensee-in-charge | 22 |
| participation in agency affairs.
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| "Public member" means a person who is not a licensee or | 24 |
| related to a
licensee, or who is not an employer or employee of | 25 |
| a licensee. The term
"related to" shall be determined by the | 26 |
| rules of the Department.
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LRB096 17954 ASK 33323 b |
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| "Secretary" means the Secretary of the Department of | 2 |
| Financial and Professional Regulation.
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| (Source: P.A. 95-613, eff. 9-11-07.)
| 4 |
| (Text of Section after amendment by P.A. 96-847 )
| 5 |
| (Section scheduled to be repealed on January 1, 2014)
| 6 |
| Sec. 5-10. Definitions. As used in this Act:
| 7 |
| "Address of record" means the designated address recorded | 8 |
| by the Department in the applicant's application file or the | 9 |
| licensee's license file. | 10 |
| "Advertisement" means any printed material that is | 11 |
| published in a phone book,
newspaper, magazine, pamphlet, | 12 |
| newsletter, or other similar type of publication
that is
| 13 |
| intended to either attract business or merely provide contact | 14 |
| information to
the public for
an agency or licensee. | 15 |
| Advertisement shall include any material disseminated by
| 16 |
| printed or electronic means or media, but shall not include a | 17 |
| licensee's or an
agency's
letterhead, business cards, or other | 18 |
| stationery used in routine business
correspondence or
| 19 |
| customary name, address, and number type listings in a | 20 |
| telephone directory.
| 21 |
| "Alarm system" means any system, including an electronic | 22 |
| access control
system, a
surveillance video system, a security | 23 |
| video system, a burglar alarm system, a
fire alarm
system, an | 24 |
| emergency communication system, mass notification system, or | 25 |
| any other electronic system that activates an audible, visible,
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HB5080 |
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LRB096 17954 ASK 33323 b |
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| remote, or
recorded signal that is designed for the protection | 2 |
| or detection of intrusion,
entry, theft,
fire, vandalism, | 3 |
| escape, or trespass, or other electronic systems designed for | 4 |
| the protection of life by indicating the existence of an | 5 |
| emergency situation.
| 6 |
| "Applicant" means a person applying for licensure under | 7 |
| this Act as a fingerprint vendor, fingerprint vendor agency, | 8 |
| locksmith, locksmith agency, private alarm contractor, private | 9 |
| alarm contractor agency, private detective, private detective | 10 |
| agency, private security contractor, or private security | 11 |
| contractor agency. Any applicant or person who holds himself or | 12 |
| herself out as an applicant is considered a licensee for | 13 |
| purposes of enforcement, investigation, hearings, and the | 14 |
| Illinois Administrative Procedure Act. | 15 |
| "Armed employee" means a licensee or registered person who | 16 |
| is employed by an
agency licensed or an armed proprietary | 17 |
| security force registered under this
Act who carries a weapon | 18 |
| while engaged in the
performance
of official duties within the | 19 |
| course and scope of his or her employment during
the hours
and | 20 |
| times the employee is scheduled to work or is commuting between | 21 |
| his or her
home or
place of employment, provided that commuting | 22 |
| is accomplished within one hour
from
departure from home or | 23 |
| place of employment.
| 24 |
| "Armed proprietary security force" means a security force | 25 |
| made up of 5 or
more
armed individuals employed by a private, | 26 |
| commercial, or industrial operation or
one or
more armed |
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HB5080 |
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LRB096 17954 ASK 33323 b |
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| individuals employed by a financial institution as security | 2 |
| officers
for the
protection of persons or property.
| 3 |
| "Board" means the Private Detective, Private Alarm, | 4 |
| Private Security, Fingerprint Vendor, and
Locksmith Board.
| 5 |
| "Branch office" means a business location removed from the | 6 |
| place of business
for which an agency license has been issued, | 7 |
| including, but not limited to,
locations where active employee | 8 |
| records that are required to be maintained
under this Act are | 9 |
| kept, where prospective new
employees
are processed, or where | 10 |
| members of the public are invited in to transact
business. A
| 11 |
| branch office does not include an office or other facility | 12 |
| located on the
property of an
existing client that is utilized | 13 |
| solely for the benefit of that client and is
not owned or
| 14 |
| leased by the agency.
| 15 |
| "Canine handler" means a person who uses or handles a | 16 |
| trained dog
to protect persons or property or
to conduct | 17 |
| investigations. | 18 |
| "Canine handler authorization card" means a card issued by | 19 |
| the Department that authorizes
the holder to use or handle a | 20 |
| trained dog to protect persons or property or to conduct
| 21 |
| investigations during the performance of his or her duties as | 22 |
| specified in this Act. | 23 |
| "Canine trainer" means a person who acts as a dog trainer | 24 |
| for the purpose of training dogs to protect
persons or property | 25 |
| or to conduct investigations. | 26 |
| "Canine trainer authorization card" means a card issued by |
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HB5080 |
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LRB096 17954 ASK 33323 b |
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| the Department that authorizes the
holder to train a dog to | 2 |
| protect persons or property or to conduct investigations during | 3 |
| the
performance of his or her duties as specified in this Act. | 4 |
| "Canine training facility" means a facility operated by a | 5 |
| licensed private detective agency or private
security agency | 6 |
| wherein dogs are trained for the purposes of protecting persons | 7 |
| or property or to
conduct investigations.
| 8 |
| "Corporation" means an artificial person or legal entity | 9 |
| created by or under
the
authority of the laws of a state, | 10 |
| including without limitation a corporation,
limited liability | 11 |
| company, or any other legal entity.
| 12 |
| "Department" means the Department of Financial and
| 13 |
| Professional Regulation.
| 14 |
| "Emergency communication system" means any system that | 15 |
| communicates information about emergencies, including but not | 16 |
| limited to fire, terrorist activities, shootings, other | 17 |
| dangerous situations, accidents, and natural disasters. | 18 |
| "Employee" means a person who works for a person or agency | 19 |
| that has the
right to
control the details of the work performed | 20 |
| and is not dependent upon whether or
not
federal or state | 21 |
| payroll taxes are withheld.
| 22 |
| "Fingerprint vendor" means a person that offers, | 23 |
| advertises, or provides services to fingerprint individuals, | 24 |
| through electronic or other means, for the purpose of providing | 25 |
| fingerprint images and associated demographic data to the | 26 |
| Department of State Police for processing fingerprint based |
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|
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HB5080 |
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LRB096 17954 ASK 33323 b |
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| criminal history record information inquiries. | 2 |
| "Fingerprint vendor agency" means a person, firm, | 3 |
| corporation, or other legal entity that engages in the | 4 |
| fingerprint vendor business and employs, in addition to the | 5 |
| fingerprint vendor licensee-in-charge, at least one other | 6 |
| person in conducting that business. | 7 |
| "Fingerprint vendor licensee-in-charge" means a person who | 8 |
| has been designated by a fingerprint vendor agency to be the | 9 |
| licensee-in-charge of an agency who is a full-time management | 10 |
| employee or owner who assumes sole responsibility for | 11 |
| maintaining all records required by this Act and who assumes | 12 |
| sole responsibility for assuring the licensed agency's | 13 |
| compliance with its responsibilities as stated in this Act. The | 14 |
| Department shall adopt rules mandating licensee-in-charge | 15 |
| participation in agency affairs.
| 16 |
| "Fire alarm system" means any system that is activated by | 17 |
| an automatic or
manual device in the detection of smoke, heat, | 18 |
| or fire that activates an
audible, visible, or
remote signal | 19 |
| requiring a response.
| 20 |
| "Firearm control card" means a card issued by the | 21 |
| Department that
authorizes
the holder, who has complied with | 22 |
| the training and other requirements of this Act, to carry a | 23 |
| weapon during the performance of his or her duties as
specified | 24 |
| in
this Act.
| 25 |
| "Firm" means an unincorporated business entity, including | 26 |
| but not limited to
proprietorships and partnerships.
|
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| "Licensee" means a person licensed under this Act as a | 2 |
| fingerprint vendor, fingerprint vendor agency, locksmith, | 3 |
| locksmith agency, private alarm contractor, private alarm | 4 |
| contractor agency, private detective, private detective | 5 |
| agency, private security contractor, or private security | 6 |
| contractor agency. Anyone who holds himself or herself out as a | 7 |
| licensee or who is accused of unlicensed practice is considered | 8 |
| a licensee for purposes of enforcement, investigation, | 9 |
| hearings, and the Illinois Administrative Procedure Act. | 10 |
| "Locksmith" means
a person who engages in a business or | 11 |
| holds himself out to the public as
providing a service that | 12 |
| includes, but is not limited to, the servicing,
installing, | 13 |
| originating first keys, re-coding, repairing, maintaining,
| 14 |
| manipulating, or bypassing of a mechanical or electronic | 15 |
| locking device, access
control or video surveillance system at | 16 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 17 |
| automatic teller machines.
| 18 |
| "Locksmith agency" means a person, firm, corporation, or | 19 |
| other legal entity
that engages
in the
locksmith business and | 20 |
| employs, in addition to the locksmith
licensee-in-charge, at | 21 |
| least
one other person in conducting such business.
| 22 |
| "Locksmith licensee-in-charge" means a person who has been | 23 |
| designated by
agency to be the licensee-in-charge of an agency,
| 24 |
| who is a
full-time management employee or owner who assumes | 25 |
| sole responsibility
for
maintaining all records required by | 26 |
| this Act, and who assumes sole
responsibility for
assuring the |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| licensed agency's compliance with its responsibilities as | 2 |
| stated
in this Act. The Department shall adopt rules mandating | 3 |
| licensee-in-charge
participation in agency affairs.
| 4 |
| "Mass notification system" means any system that is used to | 5 |
| provide information and instructions to people in a building or | 6 |
| other space using voice communications, including visible | 7 |
| signals, text, graphics, tactile, or other communication | 8 |
| methods. | 9 |
| "Peace officer" or "police officer" means a person who, by | 10 |
| virtue of office
or
public
employment, is vested by law with a | 11 |
| duty to maintain public order or to make
arrests for
offenses, | 12 |
| whether that duty extends to all offenses or is limited to | 13 |
| specific
offenses.
Officers, agents, or employees of the | 14 |
| federal government commissioned by
federal
statute
to make | 15 |
| arrests for violations of federal laws are considered peace | 16 |
| officers.
| 17 |
| "Permanent employee registration card" means a card issued | 18 |
| by the Department
to an
individual who has applied to the | 19 |
| Department and meets the requirements for
employment by a | 20 |
| licensed agency under this Act.
| 21 |
| "Person" means a natural person.
| 22 |
| "Private alarm contractor" means a person who engages in a | 23 |
| business that
individually or through others undertakes, | 24 |
| offers to undertake, purports to
have the
capacity to | 25 |
| undertake, or submits a bid to sell, install, design, monitor, | 26 |
| maintain,
alter, repair,
replace, or service alarm and other |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| security-related systems or parts thereof,
including fire
| 2 |
| alarm systems, at protected premises or premises to be | 3 |
| protected or responds to
alarm
systems at a protected premises | 4 |
| on an emergency basis and not as a full-time
security officer. | 5 |
| "Private alarm contractor" does not include a person, firm,
or
| 6 |
| corporation that
manufactures or sells alarm systems
only from | 7 |
| its place of business and does not sell, install, monitor, | 8 |
| maintain,
alter, repair, replace, service, or respond to alarm | 9 |
| systems at protected
premises or premises to be protected.
| 10 |
| "Private alarm contractor agency" means a person, | 11 |
| corporation, or other
entity
that
engages in the private alarm | 12 |
| contracting business and employs, in addition to
the private
| 13 |
| alarm contractor-in-charge, at least one other person in | 14 |
| conducting such
business.
| 15 |
| "Private alarm contractor licensee-in-charge" means a | 16 |
| person who has been
designated by an
agency to be the | 17 |
| licensee-in-charge of an agency, who is a full-time management
| 18 |
| employee or owner who
assumes sole
responsibility for | 19 |
| maintaining all records required by this Act, and who
assumes
| 20 |
| sole
responsibility for assuring the licensed agency's | 21 |
| compliance with its
responsibilities as
stated in this Act.
The | 22 |
| Department shall adopt rules mandating licensee-in-charge | 23 |
| participation in
agency affairs.
| 24 |
| "Private detective" means any person who by any means, | 25 |
| including, but not
limited to, manual, canine odor detection,
| 26 |
| or electronic methods, engages in the business of, accepts
|
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| employment
to furnish, or agrees to make or makes | 2 |
| investigations for a fee or other
consideration to
obtain | 3 |
| information relating to:
| 4 |
| (1) Crimes or wrongs done or threatened against the | 5 |
| United States, any
state or
territory of the United States, | 6 |
| or any local government of a state or
territory.
| 7 |
| (2) The identity, habits, conduct, business | 8 |
| occupation, honesty,
integrity,
credibility, knowledge, | 9 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 10 |
| whereabouts, affiliations, associations, transactions, | 11 |
| acts,
reputation, or character of any person, firm, or | 12 |
| other entity by any means,
manual or electronic.
| 13 |
| (3) The location, disposition, or recovery of lost or | 14 |
| stolen property.
| 15 |
| (4) The cause, origin, or responsibility for fires, | 16 |
| accidents, or injuries
to
individuals or real or personal | 17 |
| property.
| 18 |
| (5) The truth or falsity of any statement or | 19 |
| representation.
| 20 |
| (6) Securing evidence to be used before any court, | 21 |
| board, or investigating
body.
| 22 |
| (7) The protection of individuals from bodily harm or | 23 |
| death (bodyguard
functions).
| 24 |
| (8) Service of process in criminal and civil | 25 |
| proceedings without court
order.
| 26 |
| "Private detective agency" means a person, firm, |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| corporation, or other legal
entity that engages
in the
private | 2 |
| detective business and employs, in addition to the | 3 |
| licensee-in-charge,
one or more
persons in conducting such | 4 |
| business.
| 5 |
| "Private detective licensee-in-charge" means a person who | 6 |
| has been designated
by an agency
to be the licensee-in-charge | 7 |
| of an
agency,
who is a full-time management employee or owner
| 8 |
| who assumes sole
responsibility
for
maintaining all records | 9 |
| required by this Act, and who assumes sole
responsibility
for | 10 |
| assuring
the licensed agency's compliance with its | 11 |
| responsibilities as stated in this
Act. The Department shall | 12 |
| adopt rules mandating licensee-in-charge
participation in | 13 |
| agency affairs.
| 14 |
| "Private security contractor" means a person who engages in | 15 |
| the business of
providing a private security officer, watchman, | 16 |
| patrol, guard dog, canine odor detection, or a similar service | 17 |
| by
any other
title or name on a contractual basis for another | 18 |
| person, firm, corporation, or
other entity
for a fee or other | 19 |
| consideration and performing one or more of the following
| 20 |
| functions:
| 21 |
| (1) The prevention or detection of intrusion, entry, | 22 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 23 |
| governmental property.
| 24 |
| (2) The prevention, observation, or detection of any | 25 |
| unauthorized activity
on
private or governmental property.
| 26 |
| (3) The protection of persons authorized to be on the |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| premises of the
person,
firm, or other entity for which the | 2 |
| security contractor contractually provides
security | 3 |
| services.
| 4 |
| (4) The prevention of the misappropriation or | 5 |
| concealment of goods, money,
bonds, stocks, notes, | 6 |
| documents, or papers.
| 7 |
| (5) The control, regulation, or direction of the | 8 |
| movement of the public
for
the
time specifically required | 9 |
| for the protection of property owned or controlled
by the | 10 |
| client.
| 11 |
| (6) The protection of individuals from bodily harm or | 12 |
| death (bodyguard
functions).
| 13 |
| "Private security contractor agency" means a person, firm, | 14 |
| corporation, or
other legal entity that
engages in
the private | 15 |
| security contractor business and that employs, in addition to | 16 |
| the
licensee-in-charge, one or more persons in conducting such | 17 |
| business.
| 18 |
| "Private security contractor licensee-in-charge" means a | 19 |
| person who has been
designated by an agency to be the
| 20 |
| licensee-in-charge of an
agency, who is a full-time management | 21 |
| employee or owner
who assumes sole responsibility for | 22 |
| maintaining all records required by this
Act, and who
assumes | 23 |
| sole responsibility for assuring the licensed agency's | 24 |
| compliance with
its
responsibilities as
stated in this Act. The | 25 |
| Department shall adopt rules mandating
licensee-in-charge | 26 |
| participation in agency affairs.
|
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| "Public member" means a person who is not a licensee or | 2 |
| related to a
licensee, or who is not an employer or employee of | 3 |
| a licensee. The term
"related to" shall be determined by the | 4 |
| rules of the Department.
| 5 |
| "Secretary" means the Secretary of the Department of | 6 |
| Financial and Professional Regulation.
| 7 |
| (Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10.)
| 8 |
| (225 ILCS 447/10-37 new) | 9 |
| Sec. 10-37. Address of record. It is the duty of the | 10 |
| applicant or licensee to inform the Department of any change of | 11 |
| address within 14 days after such change either through the | 12 |
| Department's website or by contacting the Department’s | 13 |
| licensure maintenance unit.
| 14 |
| (225 ILCS 447/30-15)
| 15 |
| (Section scheduled to be repealed on January 1, 2014)
| 16 |
| Sec. 30-15. Qualifications for licensure as a locksmith
| 17 |
| agency. | 18 |
| (a) Upon receipt of the required fee and proof that the
| 19 |
| applicant is an Illinois licensed locksmith who shall assume
| 20 |
| responsibility for the operation of the agency and the
directed | 21 |
| actions of the agency's employees, which is a
continuing | 22 |
| requirement for agency licensure, the Department
shall issue a | 23 |
| license as a locksmith
agency to any of the following:
| 24 |
| (1) An individual who submits an application and is
a |
|
|
|
HB5080 |
- 24 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| licensed locksmith under this Act.
| 2 |
| (2) A firm that submits an application and all of
the | 3 |
| members of the firm are licensed locksmiths 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 locksmith agency if at least one | 7 |
| officer or
executive employee is a licensed locksmith under | 8 |
| this Act and
all unlicensed officers and directors of the | 9 |
| corporation or
limited liability company are determined by | 10 |
| the Department to
be persons of good moral character.
| 11 |
| (b) An individual licensed as a locksmith operating
under a | 12 |
| business name other
than the licensed locksmith's own name | 13 |
| shall not be required
to obtain a locksmith agency license if | 14 |
| that licensed
locksmith does not employ any persons to engage | 15 |
| in the
practice of locksmithing and registers under the Assumed | 16 |
| Business Name Act.
| 17 |
| (c) No locksmith may be the locksmith licensee in-charge | 18 |
| for more than one
locksmith agency. Upon written
request by a | 19 |
| representative of the agency, within 10 days
after the loss of | 20 |
| a locksmith-in-charge of an agency because
of the death of that | 21 |
| individual or because of the termination
of the employment of | 22 |
| that individual, the Department shall
issue a temporary | 23 |
| certificate of authority allowing the
continuing operation of | 24 |
| the licensed agency. No temporary
certificate of authority | 25 |
| shall be valid for more than 90 days.
An extension of an | 26 |
| additional 90 days may be granted upon
written request by the |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| representative of the agency. Not more
than 2 extensions may be | 2 |
| granted to any agency. No temporary
permit shall be issued for | 3 |
| loss of the licensee-in-charge because of
disciplinary action | 4 |
| by
the Department related to his or her conduct on behalf of | 5 |
| the
agency.
| 6 |
| (d) The Department shall require without limitation all of | 7 |
| the following information from each applicant for licensure as | 8 |
| a locksmith agency under this Act: | 9 |
| (1) The name, full business address, and telephone | 10 |
| number of the locksmith agency. The business address for | 11 |
| the locksmith agency shall be non-residential, located | 12 |
| within the State, and may not be a P.O. Box. | 13 |
| (2) All trade or business names used by the licensee. | 14 |
| (3) The type of ownership or operation, such as a | 15 |
| partnership, corporation, or sole proprietorship. | 16 |
| (4) The name of the owner or operator of the locksmith | 17 |
| agency, including: | 18 |
| (A) if a person, then the name of the person; | 19 |
| (B) if a partnership, then the name of each partner | 20 |
| and the name of the partnership; | 21 |
| (C) if a corporation, then the name and title of | 22 |
| each corporate officer and director, the corporate | 23 |
| names, and the name of the state of incorporation; and | 24 |
| (D) if a sole proprietorship, then the full name of | 25 |
| the sole proprietor and the name of the business | 26 |
| entity. |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| (5) The name of the licensee-in-charge for the | 2 |
| locksmith agency. | 3 |
| (6) Any additional information required by the | 4 |
| Department by rule. | 5 |
| (e) A licensed locksmith agency may operate under a "doing | 6 |
| business as" or assumed name certification without having to | 7 |
| obtain a separate locksmith agency license if the "doing | 8 |
| business as" or assumed name is first registered with the | 9 |
| Department. A licensed locksmith agency may register no more | 10 |
| than one assumed name. | 11 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 12 |
| (225 ILCS 447/30-30 new) | 13 |
| Sec. 30-30. Required information for consumers. | 14 |
| (a) A licensee providing any locksmith services shall | 15 |
| document on a work order the name, address, and telephone | 16 |
| number of the person requesting the work to be done and shall | 17 |
| obtain the signature of that person. | 18 |
| (b) The locksmith who performs the services shall include | 19 |
| on the work order his or her name and license number. | 20 |
| (c) If the locksmith who performs the services is employed | 21 |
| by a locksmith agency, then the name, address, and license | 22 |
| number of the locksmith agency and the name and license or | 23 |
| registration number of the locksmith who performed the services | 24 |
| shall be included on the work order. | 25 |
| (d) A copy of the work order shall be provided to the |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| customer at the time of service and the original copy of the | 2 |
| work order shall be kept by the licensed locksmith or locksmith | 3 |
| agency for a period of 2 years.
| 4 |
| (225 ILCS 447/40-10)
| 5 |
| (Section scheduled to be repealed on January 1, 2014)
| 6 |
| Sec. 40-10. Disciplinary sanctions.
| 7 |
| (a) The Department may deny issuance, refuse to renew,
or | 8 |
| restore or may reprimand, place on probation, suspend,
revoke, | 9 |
| or take other disciplinary or non-disciplinary action against | 10 |
| any license, registration, permanent employee
registration | 11 |
| card, canine handler authorization card, canine trainer | 12 |
| authorization card, or firearm control
card, and may
impose a | 13 |
| fine not to exceed $10,000 for each violation for
any of the | 14 |
| following:
| 15 |
| (1) Fraud or deception in obtaining or renewing of
a | 16 |
| license or registration.
| 17 |
| (2) Professional incompetence as manifested by poor
| 18 |
| standards of service.
| 19 |
| (3) Engaging in dishonorable, unethical, or
| 20 |
| unprofessional conduct of a character likely to deceive,
| 21 |
| defraud, or harm the public.
| 22 |
| (4) Conviction of or entry of a plea of guilty or nolo | 23 |
| contendere in Illinois or another state of any
crime that | 24 |
| is a felony under the laws of Illinois; a felony in
a | 25 |
| federal court; a misdemeanor, an essential element of which
|
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| is dishonesty; or directly related to professional | 2 |
| practice.
| 3 |
| (5) Performing any services in a grossly negligent
| 4 |
| manner or permitting any of a licensee's employees to | 5 |
| perform
services in a grossly negligent manner, regardless | 6 |
| of whether
actual damage to the public is established.
| 7 |
| (6) Continued practice, although the person
has become | 8 |
| unfit to practice due to any of the
following:
| 9 |
| (A) Physical illness, mental illness, or other | 10 |
| impairment, including, but not
limited to, | 11 |
| deterioration through the aging process or loss of
| 12 |
| motor skills that results in the inability to serve the | 13 |
| public
with reasonable judgment, skill, or safety.
| 14 |
| (B) Mental disability demonstrated by the
entry of | 15 |
| an order or judgment by a court that a
person is in | 16 |
| need of mental treatment or is incompetent.
| 17 |
| (C) Addiction to or dependency on alcohol or
drugs | 18 |
| that is likely to endanger the public. If the
| 19 |
| Department has reasonable cause to believe that a | 20 |
| person is
addicted to or dependent on alcohol or drugs | 21 |
| that
may endanger the public, the Department may | 22 |
| require the
person to undergo an examination to | 23 |
| determine the
extent of the addiction or dependency.
| 24 |
| (7) Receiving, directly or indirectly, compensation
| 25 |
| for any services not rendered.
| 26 |
| (8) Willfully deceiving or defrauding the public on
a |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| material matter.
| 2 |
| (9) Failing to account for or remit any moneys or
| 3 |
| documents coming into the licensee's possession that
| 4 |
| belong to another person or entity.
| 5 |
| (10) Discipline by another United States
jurisdiction | 6 |
| or foreign nation, if at least one of the grounds
for the | 7 |
| discipline is the same or substantially equivalent to
those | 8 |
| set forth in this Act.
| 9 |
| (11) Giving differential treatment to a person that
is | 10 |
| to that person's detriment because of race, color, creed,
| 11 |
| sex, religion, or national origin.
| 12 |
| (12) Engaging in false or misleading advertising.
| 13 |
| (13) Aiding, assisting, or willingly permitting
| 14 |
| another person to violate this Act or rules promulgated | 15 |
| under
it.
| 16 |
| (14) Performing and charging for services without
| 17 |
| authorization to do so from the person or entity serviced.
| 18 |
| (15) Directly or indirectly offering or accepting
any | 19 |
| benefit to or from any employee, agent, or fiduciary
| 20 |
| without the consent of the latter's employer or principal | 21 |
| with
intent to or the understanding that this action will | 22 |
| influence
his or her conduct in relation to his or her | 23 |
| employer's or
principal's affairs.
| 24 |
| (16) Violation of any disciplinary order imposed on
a | 25 |
| licensee by the Department.
| 26 |
| (17) Performing any act or practice that is a violation |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| of this Act, the rules for the administration of this Act, | 2 |
| or any federal, State, or local laws, rules, or regulations | 3 |
| governing the practices of private detection, private | 4 |
| alarm contracting, private security contracting, or | 5 |
| locksmithing Failing to comply with any provision of this
| 6 |
| Act or rule promulgated under it .
| 7 |
| (18) Conducting an agency without a valid license.
| 8 |
| (19) Revealing confidential information, except as
| 9 |
| required by law, including but not limited to information
| 10 |
| available under Section 2-123 of the Illinois Vehicle Code.
| 11 |
| (20) Failing to make available to the Department,
upon | 12 |
| request, any books, records, or forms required by this
Act.
| 13 |
| (21) Failing, within 10 30 days, to respond to a
| 14 |
| written request for information from the Department.
| 15 |
| (22) Failing to provide employment information or
| 16 |
| experience information required by the Department | 17 |
| regarding an
applicant for licensure.
| 18 |
| (23) Failing to make available to the Department at
the | 19 |
| time of the request any indicia of licensure or
| 20 |
| registration issued under this Act.
| 21 |
| (24) Purporting to be a licensee-in-charge of an
agency | 22 |
| without active participation in the agency.
| 23 |
| (25) A finding by the Department that the licensee, | 24 |
| after having his or her license placed on probationary | 25 |
| status, has violated the terms of probation. | 26 |
| (26) Taking undue advantage of a client or clients that |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| amounts to the perpetration of fraud. | 2 |
| (27) Gross, willful, or continued overcharging for | 3 |
| professional services, including filing false statements | 4 |
| for the collection of fees for services not rendered. | 5 |
| (b) The Department shall seek to be consistent in the
| 6 |
| application of disciplinary sanctions.
| 7 |
| (c) The Department shall adopt rules that set forth | 8 |
| standards of service for the following:
(i) acceptable error | 9 |
| rate in the transmission of fingerprint images and other data | 10 |
| to the Department of State Police;
(ii) acceptable error rate | 11 |
| in the collection and documentation of information used to | 12 |
| generate
fingerprint work orders;
and (iii) any other standard | 13 |
| of service that affects fingerprinting services as determined | 14 |
| by the
Department.
| 15 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 16 |
| (225 ILCS 447/40-25)
| 17 |
| (Section scheduled to be repealed on January 1, 2014)
| 18 |
| Sec. 40-25. Submission to physical or mental examination. | 19 |
| (a) The Department or Board upon a showing of a possible | 20 |
| violation may compel an individual licensed to practice under | 21 |
| this Act, or who has applied for licensure under this Act, to | 22 |
| submit to a mental or physical examination, or both, as | 23 |
| required by and at the expense of the Department. The | 24 |
| Department or Board may order the examining physician to | 25 |
| present testimony concerning the mental or physical |
|
|
|
HB5080 |
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LRB096 17954 ASK 33323 b |
|
| 1 |
| examination of the licensee or applicant. No information shall | 2 |
| be excluded by reason of any common law or statutory privilege | 3 |
| relating to communications between the licensee or applicant | 4 |
| and the examining physician. The examining physicians shall be | 5 |
| specifically designated by the Board or Department. The | 6 |
| individual to be examined may have, at his or her own expense, | 7 |
| another physician of his or her choice present during all | 8 |
| aspects of this examination. Failure of an individual to submit | 9 |
| to a mental or physical examination, when directed, shall be | 10 |
| grounds for the immediate suspension of his or her license | 11 |
| until the individual submits to the examination if the | 12 |
| Department finds that the refusal to submit to the examination | 13 |
| was without reasonable cause as defined by rule. | 14 |
| (b) In instances in which the Secretary immediately | 15 |
| suspends a person's license for his or her failure to submit to | 16 |
| a mental or physical examination when directed, a hearing on | 17 |
| that person's license must be convened by the Department within | 18 |
| 15 days after the suspension and completed without appreciable | 19 |
| delay. | 20 |
| (c) In instances in which the Secretary otherwise suspends | 21 |
| a person's license pursuant to the results of a compelled | 22 |
| mental or physical examination, a hearing on that person's | 23 |
| license must be convened by the Department within 15 days after | 24 |
| the suspension and completed without appreciable delay. The | 25 |
| Department and Board shall have the authority to review the | 26 |
| subject individual's record of treatment and counseling |
|
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| 1 |
| regarding the impairment to the extent permitted by applicable | 2 |
| federal statutes and regulations safeguarding the | 3 |
| confidentiality of medical records. | 4 |
| (d) An individual licensed under this Act and affected | 5 |
| under this Section shall be afforded an opportunity to | 6 |
| demonstrate to the Department or Board that he or she can | 7 |
| resume practice in compliance with acceptable and prevailing | 8 |
| standards under the provisions of his or her license. The | 9 |
| Department may order a licensee or a registrant to submit
to a | 10 |
| reasonable physical or mental examination if the licensee
or | 11 |
| registrant's mental or physical capacity to work safely is
an | 12 |
| issue in a disciplinary proceeding. The failure to submit
to a | 13 |
| Director's order to submit to a reasonable mental or
physical | 14 |
| exam shall constitute a violation of this Act subject
to the | 15 |
| disciplinary provisions in Section 40-10.
| 16 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 17 |
| (225 ILCS 447/45-25)
| 18 |
| (Section scheduled to be repealed on January 1, 2014)
| 19 |
| Sec. 45-25. Disposition by consent order. Disposition may
| 20 |
| be made of any charge by consent order between the
Department | 21 |
| and the licensee. The Board shall be apprised of
the consent | 22 |
| order at its next meeting. The consent order shall be final | 23 |
| upon signature of the Secretary.
| 24 |
| (Source: P.A. 93-438, eff. 8-5-03.)
|
|
|
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| 1 |
| (225 ILCS 447/45-30)
| 2 |
| (Section scheduled to be repealed on January 1, 2014)
| 3 |
| Sec. 45-30.
Restoration of license after disciplinary
| 4 |
| proceedings. At any time after the successful completion of a | 5 |
| term of suspension or revocation of a license, the Department | 6 |
| may restore it to the licensee upon the written recommendation | 7 |
| of the Board unless the Board determines after an investigation | 8 |
| and a hearing that restoration is not in the public interest. | 9 |
| The Department shall reinstate any license to
good standing | 10 |
| under this Act upon recommendation
to the Director, after a | 11 |
| hearing before the Board or a
hearing officer authorized by the | 12 |
| Department. The Department
shall be satisfied that the | 13 |
| applicant's renewed practice is
not contrary to the public | 14 |
| interest.
| 15 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 16 |
| (225 ILCS 447/45-40)
| 17 |
| (Section scheduled to be repealed on January 1, 2014)
| 18 |
| Sec. 45-40. Administrative review. All final
| 19 |
| administrative decisions of the Department
are subject to | 20 |
| judicial review under
Article III of the Code of Civil | 21 |
| Procedure. The term
"administrative decision" is defined as in | 22 |
| Section 3-101 of
the Code of Civil Procedure. The proceedings | 23 |
| for judicial
review shall be commenced in the circuit court of | 24 |
| the county
in which the party applying for review resides; but | 25 |
| if
the party is not a resident of Illinois, the venue shall be |
|
|
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| 1 |
| in
Sangamon County. The Department shall not be required to
| 2 |
| certify any record to the court or file any answer in court
or | 3 |
| otherwise appear in any court in a judicial review
proceeding, | 4 |
| unless and until the Department has received from the plaintiff | 5 |
| payment of the costs of furnishing and certifying the record, | 6 |
| which costs shall be determined by the Department there is | 7 |
| filed in the court with the
complaint a receipt from the | 8 |
| Department acknowledging payment
of the costs of furnishing and | 9 |
| certifying the record. Costs
shall be computed at the cost of | 10 |
| preparing the record .
Exhibits shall be certified without cost. | 11 |
| Failure on the part
of the applicant or licensee to file a | 12 |
| receipt in court is grounds for
dismissal of the action. During | 13 |
| all judicial proceedings
incident to a disciplinary action, the | 14 |
| sanctions
imposed upon a licensee by the Department shall | 15 |
| remain in
effect, unless the court determines justice requires | 16 |
| a stay of
the order.
| 17 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 18 |
| (225 ILCS 447/45-55)
| 19 |
| (Section scheduled to be repealed on January 1, 2014)
| 20 |
| Sec. 45-55. Subpoenas.
| 21 |
| (a) The Department, with the approval of a member of the | 22 |
| Board, may subpoena and bring before it any
person to take the | 23 |
| oral or written testimony or compel the production of any | 24 |
| books, papers, records, or any other documents that the | 25 |
| Secretary or his or her designee deems relevant or material to |
|
|
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| 1 |
| any such investigation or hearing conducted by the Department
| 2 |
| with the same fees and in the
same manner as prescribed in | 3 |
| civil cases in the courts of this State .
| 4 |
| (b) Any circuit court, upon the application of the
| 5 |
| licensee, the Department, or the Board, may order
the
| 6 |
| attendance of witnesses and the production of relevant books
| 7 |
| and papers before the Board in any hearing under this Act.
The
| 8 |
| circuit court may compel obedience to its order by proceedings
| 9 |
| for contempt.
| 10 |
| (c) The Secretary Director , the hearing officer , any member | 11 |
| of the Board, or a certified
shorthand court reporter may | 12 |
| administer oaths at any hearing
the Department conducts. | 13 |
| Notwithstanding any other statute or
Department rule to the | 14 |
| contrary, all requests for testimony,
production of documents | 15 |
| or records shall be in
accordance with this Act.
| 16 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 17 |
| (225 ILCS 447/45-65 new) | 18 |
| Sec. 45-65. Compelling testimony. Any circuit court, upon | 19 |
| application of the Department or designated hearing officer may | 20 |
| enter an order requiring the attendance of witnesses and their | 21 |
| testimony, and the production of documents, papers, files, | 22 |
| books, and records in connection with any hearing or | 23 |
| investigation. The court may compel obedience to its order by | 24 |
| proceedings for contempt.
|
|
|
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|
| 1 |
| (225 ILCS 447/50-10)
| 2 |
| (Section scheduled to be repealed on January 1, 2014)
| 3 |
| Sec. 50-10. The Private Detective,
Private Alarm, Private | 4 |
| Security, Fingerprint Vendor, and Locksmith Board. | 5 |
| (a) The Private Detective, Private
Alarm, Private | 6 |
| Security, Fingerprint Vendor, and Locksmith Board shall | 7 |
| consist of
13 members appointed by the Director and comprised | 8 |
| of 2
licensed private detectives, 3 licensed private security
| 9 |
| contractors, one licensed private detective or licensed | 10 |
| private security contractor who provides canine odor detection | 11 |
| services, 2 licensed private alarm contractors, one licensed | 12 |
| fingerprint vendor, 2 licensed
locksmiths, one public member | 13 |
| who is not licensed or
registered under this Act and who has no | 14 |
| connection with a
business licensed under this Act, and one | 15 |
| member representing
the employees registered under this Act. | 16 |
| Each member shall be
a resident of Illinois. Except for the | 17 |
| initial appointment of a licensed fingerprint vendor after the | 18 |
| effective date of this amendatory Act of the 95th General | 19 |
| Assembly, each licensed member shall have at
least 5 years | 20 |
| experience as a licensee in the professional
area in which the | 21 |
| person is licensed and be in good standing
and actively engaged | 22 |
| in that profession. In making
appointments, the Director shall | 23 |
| consider the recommendations
of the professionals and the | 24 |
| professional organizations
representing the licensees. The | 25 |
| membership shall reasonably
reflect the different geographic | 26 |
| areas in Illinois.
|
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| 1 |
| (b) Members shall serve 4 year terms and may serve until
| 2 |
| their successors are appointed. No member shall serve for
more | 3 |
| than 2 successive terms. Appointments to fill vacancies
shall | 4 |
| be made in the same manner as the original appointments
for the | 5 |
| unexpired portion of the vacated term. Members of the
Board in | 6 |
| office on the effective date of this Act pursuant to
the | 7 |
| Private Detective, Private Alarm, Private Security, and
| 8 |
| Locksmith Act of 1993 shall serve for the duration of their
| 9 |
| terms and may be appointed for one additional term.
| 10 |
| (c) A member of the Board may be removed for cause. A
| 11 |
| member subject to formal disciplinary proceedings shall
| 12 |
| disqualify himself or herself from all Board business until
the | 13 |
| charge is resolved. A member also shall disqualify
himself or | 14 |
| herself from any matter on which the member cannot
act | 15 |
| objectively.
| 16 |
| (d) Members shall receive compensation as set by law.
Each | 17 |
| member shall receive reimbursement as set by the
Governor's | 18 |
| Travel Control Board for expenses incurred in
carrying out the | 19 |
| duties as a Board member.
| 20 |
| (e) A majority of Board members then appointed shall | 21 |
| constitute constitutes a quorum. A
majority vote of the quorum | 22 |
| is required for a decision.
| 23 |
| (f) The Board shall elect a chairperson and vice
| 24 |
| chairperson.
| 25 |
| (g) Board members are not liable for their acts,
omissions, | 26 |
| decisions, or other conduct in connection with
their duties on |
|
|
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| the Board, except those determined to be
willful, wanton, or | 2 |
| intentional misconduct.
| 3 |
| (h) The Board may recommend policies, procedures, and
rules | 4 |
| relevant to the administration and enforcement of this
Act.
| 5 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 6 |
| (225 ILCS 447/50-15)
| 7 |
| (Section scheduled to be repealed on January 1, 2014)
| 8 |
| Sec. 50-15. Powers and duties of the Department. Subject to | 9 |
| the provisions of this Act, the Department may exercise the | 10 |
| following powers and duties: (a) The Department shall exercise | 11 |
| the powers and duties
prescribed by the Civil Administrative | 12 |
| Code of Illinois and
shall exercise all other powers and duties | 13 |
| set forth in this
Act.
| 14 |
| (1) Prescribe (b) The Director shall prescribe forms to be | 15 |
| issued for
the administration and enforcement of this Act.
| 16 |
| (2) Authorize examinations to ascertain the qualifications | 17 |
| and fitness of applicants for licensing as a licensed | 18 |
| fingerprint vendor, locksmith, private alarm contractor, | 19 |
| private detective, or private security contractor and pass upon | 20 |
| the qualifications of applicants for licensure. | 21 |
| (3) Examine the records of a licensed fingerprint vendor, | 22 |
| locksmith, private alarm contractor, private detective, or | 23 |
| private security contractor from any year, or examine any other | 24 |
| aspect of fingerprint vending, locksmithing, private alarm | 25 |
| contracting, private detection, or private security |
|
|
|
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| 1 |
| contracting that the Department deems necessary. | 2 |
| (4) Investigate any and all fingerprint vendor, locksmith, | 3 |
| private alarm contractor, private detective, or private | 4 |
| security contractor activity. | 5 |
| (5) Conduct hearings on proceedings to refuse to issue or | 6 |
| renew licenses or to revoke, suspend, place on probation, | 7 |
| reprimand, or otherwise discipline a license under this Act or | 8 |
| take other non-disciplinary action. | 9 |
| (6) Adopt rules required for the administration of this | 10 |
| Act. | 11 |
| (7) Prescribe forms to be issued for the administration and | 12 |
| enforcement of this Act. | 13 |
| (8) Maintain rosters of the names and addresses of all | 14 |
| licensees and all persons whose licenses have been suspended, | 15 |
| revoked, denied renewal, or otherwise disciplined within the | 16 |
| previous calendar year. These rosters shall be available upon | 17 |
| written request and payment of the required fee as established | 18 |
| by rule. | 19 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 20 |
| (225 ILCS 447/50-30)
| 21 |
| (Section scheduled to be repealed on January 1, 2014)
| 22 |
| Sec. 50-30. Fees; deposit of fees and fines. The
Department | 23 |
| shall by rule provide for fees for the
administration and | 24 |
| enforcement of this Act, and those fees are
nonrefundable. | 25 |
| Applicants for examination shall be required to pay a fee to |
|
|
|
HB5080 |
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|
| 1 |
| either the Department or the designated testing service to | 2 |
| cover the cost of providing the examination. If an applicant | 3 |
| fails to appear for the examination on the scheduled date at | 4 |
| the time and place specified by the Department or designated | 5 |
| testing service, then the applicant's examination fee shall be | 6 |
| forfeited. All of the fees and fines collected under this
Act | 7 |
| shall be deposited into the General Professions Dedicated
Fund | 8 |
| and be appropriated to the Department for the ordinary
and | 9 |
| contingent expenses of the Department in the
administration and | 10 |
| enforcement of this Act.
| 11 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 12 |
| (225 ILCS 447/50-35)
| 13 |
| (Section scheduled to be repealed on January 1, 2014)
| 14 |
| Sec. 50-35. Rosters. The Department shall maintain rosters | 15 |
| of the names and addresses of all licensees and all persons | 16 |
| whose licenses have been suspended, revoked, or denied renewal | 17 |
| for cause within the previous calendar year. The Department | 18 |
| shall, upon request
and payment of the fee, provide a list of | 19 |
| the names and
addresses of all licensees under this Act.
| 20 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 21 |
| (225 ILCS 447/50-45 new) | 22 |
| Sec. 50-45. Illinois Administrative Procedure Act; | 23 |
| application. The Illinois Administrative Procedure Act is | 24 |
| expressly adopted and incorporated in this Act as if all of the |
|
|
|
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LRB096 17954 ASK 33323 b |
|
| 1 |
| provisions of that Act were included in this Act, except that | 2 |
| the provision of paragraph (d) of Section 10-65 of the Illinois | 3 |
| Administrative Procedure Act, which provides that at hearings | 4 |
| the registrant or licensee has the right to show compliance | 5 |
| with all lawful requirements for retention or continuation or | 6 |
| renewal of the license, is specifically excluded. For the | 7 |
| purpose of this Act, the notice required under Section 10-25 of | 8 |
| the Illinois Administrative Procedure Act is considered | 9 |
| sufficient when mailed to the last known address of a party. | 10 |
| Section 95. No acceleration or delay. Where this Act makes | 11 |
| changes in a statute that is represented in this Act by text | 12 |
| that is not yet or no longer in effect (for example, a Section | 13 |
| represented by multiple versions), the use of that text does | 14 |
| not accelerate or delay the taking effect of (i) the changes | 15 |
| made by this Act or (ii) provisions derived from any other | 16 |
| Public Act.
| 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
|
|
|
|
HB5080 |
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|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 447/5-10 |
|
| 4 |
| 225 ILCS 447/10-37 new |
|
| 5 |
| 225 ILCS 447/30-15 |
|
| 6 |
| 225 ILCS 447/30-30 new |
|
| 7 |
| 225 ILCS 447/40-10 |
|
| 8 |
| 225 ILCS 447/40-25 |
|
| 9 |
| 225 ILCS 447/45-25 |
|
| 10 |
| 225 ILCS 447/45-30 |
|
| 11 |
| 225 ILCS 447/45-40 |
|
| 12 |
| 225 ILCS 447/45-55 |
|
| 13 |
| 225 ILCS 447/45-65 new |
|
| 14 |
| 225 ILCS 447/50-10 |
|
| 15 |
| 225 ILCS 447/50-15 |
|
| 16 |
| 225 ILCS 447/50-30 |
|
| 17 |
| 225 ILCS 447/50-35 |
|
| 18 |
| 225 ILCS 447/50-45 new |
|
| |
|