Full Text of HB0902 94th General Assembly
HB0902 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0902
Introduced 2/2/2005, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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225 ILCS 447/20-10 |
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225 ILCS 447/35-35.1 new |
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Amends the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Removes a provision that allows a person to receive a license as a private alarm contractor without having passed an examination under certain circumstances. Adds a provision that allows a security agency to employ guards of a displaced security agency in an armed capacity pending receipt of a firearm authorization for the acquiring agency. Effective immediately.
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A BILL FOR
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HB0902 |
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LRB094 05875 RAS 35929 b |
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| AN ACT concerning 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 5. The Private Detective, Private Alarm, Private | 5 |
| Security, and
Locksmith Act of 2004 is amended by changing | 6 |
| Section 20-10 and by adding Section 35-35.1 as follows:
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| (225 ILCS 447/20-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 20-10. Qualifications for licensure as a private
alarm | 10 |
| contractor.
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| (a) A person is qualified for licensure as a private
alarm | 12 |
| contractor if he or she meets all of the following
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| requirements:
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| (1) Is at least 21 years of age.
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| (2) Has not been convicted of any felony in any
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| jurisdiction or at least 10 years have elapsed since the | 17 |
| time
of full discharge from a sentence imposed for a felony
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| conviction.
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| (3) Is of good moral character. Good moral
character is | 20 |
| a continuing requirement of licensure.
Conviction of | 21 |
| crimes other than felonies may be used in
determining moral | 22 |
| character, but shall not constitute an
absolute bar to | 23 |
| licensure.
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| (4) Has not been declared by any court of competent
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| jurisdiction to be incompetent by reason of mental or | 26 |
| physical
defect or disease, unless a court has subsequently | 27 |
| declared
him or her to be competent.
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| (5) Is not suffering from dependence on alcohol or
from | 29 |
| narcotic addiction or dependence.
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| (6) Has a minimum of 3 years experience of the 5
years | 31 |
| immediately preceding application working as a full-time
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| manager for a licensed private alarm contractor agency or |
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HB0902 |
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LRB094 05875 RAS 35929 b |
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| for
an entity that designs, sells, installs, services, or | 2 |
| monitors
alarm systems that, in the judgment of the Board, | 3 |
| satisfies
the standards of alarm industry competence. An | 4 |
| applicant who
has received a 4-year degree or higher in | 5 |
| electrical
engineering or a related field from a program | 6 |
| approved by the
Board shall be given credit for 2 years of | 7 |
| the required
experience. An applicant who has successfully | 8 |
| completed a
national certification program approved by the | 9 |
| Board shall be
given credit for one year of the required | 10 |
| experience.
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| (7) Has not been dishonorably discharged from the
armed | 12 |
| forces of the United States.
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| (8) Has passed an examination authorized by the
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| Department.
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| (9) Submits his or her fingerprints, proof of
having | 16 |
| general liability insurance required under subsection
(c), | 17 |
| and the required license fee.
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| (10) Has not violated Section 10-5 of this Act.
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| (b) (Blank).
A person is qualified to receive a license as | 20 |
| a private alarm contractor
without meeting the requirement of | 21 |
| item (8) of subsection (a) if he or she:
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| (1) applies for a license between September 2, 2003 and | 23 |
| September 5, 2003
in writing on forms supplied by the
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| Department;
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| (2) provides proof of ownership of a licensed alarm | 26 |
| contractor agency;
and
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| (3) provides proof of at least 7 years of experience in | 28 |
| the installation,
design, sales, repair, maintenance, | 29 |
| alteration, or service of alarm systems or
any other low | 30 |
| voltage electronic systems.
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| (c) It is the responsibility of the applicant to obtain
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| general liability insurance in an amount and coverage
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| appropriate for the applicant's circumstances as determined by
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| rule. The applicant shall provide evidence of insurance to
the | 35 |
| Department before being issued a license. Failure to
maintain | 36 |
| general liability insurance and to provide the
Department with |
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HB0902 |
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LRB094 05875 RAS 35929 b |
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| written proof of the insurance shall result in
cancellation of | 2 |
| the license.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/35-35.1 new) | 5 |
| Sec. 35-35.1. Acquisition of new account.
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| (a) Notwithstanding any other provision of law, when a | 7 |
| licensed security agency acquires a new account that requires | 8 |
| security guards working in an armed capacity with the | 9 |
| appropriate firearm authorization card and permanent employee | 10 |
| registration card, the acquiring agency may employ the guards | 11 |
| of the displaced agency in an armed capacity for a period not | 12 |
| to exceed 90 calendar days pending receipt of the firearm | 13 |
| authorization card on behalf of the acquiring agency as the | 14 |
| employing agency if all of the following conditions are met: | 15 |
| (1) The acquiring agency has notified the Department | 16 |
| within 5 days of receiving notification that it has been | 17 |
| awarded a contract to provide armed security services. | 18 |
| Notification shall include the name and address of the | 19 |
| contracting customer, the address of all service sites, and | 20 |
| the service inception date. | 21 |
| (2) On the date the acquiring agency employs the | 22 |
| displaced armed guards, the acquiring agency must mail to | 23 |
| the Department all of the following: | 24 |
| (A) an application for a firearm authorization | 25 |
| card for each acquired employee who will work armed | 26 |
| under this provision; | 27 |
| (B) a roster of acquired employees that includes | 28 |
| each employee's name, address, permanent employee | 29 |
| registration card number, and firearm authorization | 30 |
| card number; | 31 |
| (C) a copy of each employee's firearm | 32 |
| authorization card, signed by the licensee-in-charge | 33 |
| of the acquiring agency and dated with the acquired | 34 |
| employee's date of assignment; and | 35 |
| (D) a printout from the Department's website |
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HB0902 |
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LRB094 05875 RAS 35929 b |
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| verifying that the original firearm authorization card | 2 |
| is in active status. | 3 |
| (3) The acquiring agency may not assign the acquired | 4 |
| guard to armed work other than the acquired account. | 5 |
| (4) The acquiring agency has a copy of the original | 6 |
| firearm authorization card, on which the acquiring agency | 7 |
| has noted the guard's start date, placed in the guard's | 8 |
| personnel file. | 9 |
| (5) The guard has a copy of the original firearm | 10 |
| authorization card and documentation that contains the | 11 |
| acquiring agency's name, address, and license number, date | 12 |
| of assignment, and the signature of the licensee-in-charge | 13 |
| in his or her possession at all times. | 14 |
| (6) A list of all guards employed in this capacity must | 15 |
| be provided to the Department each month. | 16 |
| (7) The acquiring agency shall submit all copies of | 17 |
| firearm authorization cards described in this Section to | 18 |
| the Department within 10 days of issuance of a new firearm | 19 |
| authorization card. | 20 |
| (8) The acquired employee may only be armed with the | 21 |
| type of weapon approved on the face of the employee's | 22 |
| firearm authorization card. | 23 |
| (9) Upon termination of the acquired employee from the | 24 |
| displaced agency, the displaced agency shall return the | 25 |
| original firearm authorization card to the Department. In | 26 |
| the event an employee fails to return a firearm | 27 |
| authorization card to the displaced agency, the displaced | 28 |
| agency shall notify the Department in writing that the card | 29 |
| was not returned and of the reason why the card was not | 30 |
| returned. | 31 |
| (b) The Department may refuse to authorize any guard to | 32 |
| carry a firearm under this Section and must so notify the | 33 |
| acquiring agency in the event of a refusal. | 34 |
| (c) Employing an acquired employee in an armed capacity | 35 |
| without notifying the Department as required in this Section as | 36 |
| of the date of employment shall constitute an imminent danger |
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HB0902 |
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LRB094 05875 RAS 35929 b |
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| to the public.
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| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
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