Full Text of HB5080 96th General Assembly
HB5080enr 96TH GENERAL ASSEMBLY
|
|
|
HB5080 Enrolled |
|
LRB096 17954 ASK 33323 b |
|
| 1 |
| AN ACT concerning professional regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 6 |
| amended by changing Sections 5-10, 30-15, 30-25, 40-10, 40-25, | 7 |
| 45-25, 45-30, 45-40, 45-55, 50-10, 50-15, and 50-30 and by | 8 |
| adding Sections 10-37, 30-30, 30-35, 35-32, and 50-45 as | 9 |
| follows:
| 10 |
| (225 ILCS 447/5-10)
| 11 |
| (Text of Section before amendment by P.A. 96-847 )
| 12 |
| (Section scheduled to be repealed on January 1, 2014)
| 13 |
| Sec. 5-10. Definitions. As used in this Act:
| 14 |
| "Address of record" means the designated address recorded | 15 |
| by the Department in the applicant's application file or the | 16 |
| licensee's license file, as maintained by the Department's | 17 |
| licensure maintenance unit. | 18 |
| "Advertisement" means any printed material that is | 19 |
| published in a phone book,
newspaper, magazine, pamphlet, | 20 |
| newsletter, or other similar type of publication
that is
| 21 |
| intended to either attract business or merely provide contact | 22 |
| information to
the public for
an agency or licensee. | 23 |
| Advertisement shall include any material disseminated by
|
|
|
|
HB5080 Enrolled |
- 2 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| printed or electronic means or media, but shall not include a | 2 |
| licensee's or an
agency's
letterhead, business cards, or other | 3 |
| stationery used in routine business
correspondence or
| 4 |
| customary name, address, and number type listings in a | 5 |
| telephone directory.
| 6 |
| "Alarm system" means any system, including an electronic | 7 |
| access control
system, a
surveillance video system, a security | 8 |
| video system, a burglar alarm system, a
fire alarm
system, or | 9 |
| any other electronic system, that activates an audible, | 10 |
| visible,
remote, or
recorded signal that is designed for the | 11 |
| protection or detection of intrusion,
entry, theft,
fire, | 12 |
| vandalism, escape, or trespass.
| 13 |
| "Applicant" means a person applying for licensure under | 14 |
| this Act as a fingerprint vendor, fingerprint vendor agency, | 15 |
| locksmith, locksmith agency, private alarm contractor, private | 16 |
| alarm contractor agency, private detective, private detective | 17 |
| agency, private security contractor, or private security | 18 |
| contractor agency. Any applicant or person who holds himself or | 19 |
| herself out as an applicant is considered a licensee for | 20 |
| purposes of enforcement, investigation, hearings, and the | 21 |
| Illinois Administrative Procedure Act. | 22 |
| "Armed employee" means a licensee or registered person who | 23 |
| is employed by an
agency licensed or an armed proprietary | 24 |
| security force registered under this
Act who carries a weapon | 25 |
| while engaged in the
performance
of official duties within the | 26 |
| course and scope of his or her employment during
the hours
and |
|
|
|
HB5080 Enrolled |
- 3 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| times the employee is scheduled to work or is commuting between | 2 |
| his or her
home or
place of employment, provided that commuting | 3 |
| is accomplished within one hour
from
departure from home or | 4 |
| place of employment.
| 5 |
| "Armed proprietary security force" means a security force | 6 |
| made up of 5 or
more
armed individuals employed by a private, | 7 |
| commercial, or industrial operation or
one or
more armed | 8 |
| individuals employed by a financial institution as security | 9 |
| officers
for the
protection of persons or property.
| 10 |
| "Board" means the Private Detective, Private Alarm, | 11 |
| Private Security, Fingerprint Vendor, and
Locksmith Board.
| 12 |
| "Branch office" means a business location removed from the | 13 |
| place of business
for which an agency license has been issued, | 14 |
| including, but not limited to,
locations where active employee | 15 |
| records that are required to be maintained
under this Act are | 16 |
| kept, where prospective new
employees
are processed, or where | 17 |
| members of the public are invited in to transact
business. A
| 18 |
| branch office does not include an office or other facility | 19 |
| located on the
property of an
existing client that is utilized | 20 |
| solely for the benefit of that client and is
not owned or
| 21 |
| leased by the agency.
| 22 |
| "Canine handler" means a person who uses or handles a | 23 |
| trained dog
to protect persons or property or
to conduct | 24 |
| investigations. | 25 |
| "Canine handler authorization card" means a card issued by | 26 |
| the Department that authorizes
the holder to use or handle a |
|
|
|
HB5080 Enrolled |
- 4 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| trained dog to protect persons or property or to conduct
| 2 |
| investigations during the performance of his or her duties as | 3 |
| specified in this Act. | 4 |
| "Canine trainer" means a person who acts as a dog trainer | 5 |
| for the purpose of training dogs to protect
persons or property | 6 |
| or to conduct investigations. | 7 |
| "Canine trainer authorization card" means a card issued by | 8 |
| the Department that authorizes the
holder to train a dog to | 9 |
| protect persons or property or to conduct investigations during | 10 |
| the
performance of his or her duties as specified in this Act. | 11 |
| "Canine training facility" means a facility operated by a | 12 |
| licensed private detective agency or private
security agency | 13 |
| wherein dogs are trained for the purposes of protecting persons | 14 |
| or property or to
conduct investigations.
| 15 |
| "Corporation" means an artificial person or legal entity | 16 |
| created by or under
the
authority of the laws of a state, | 17 |
| including without limitation a corporation,
limited liability | 18 |
| company, or any other legal entity.
| 19 |
| "Department" means the Department of Financial and
| 20 |
| Professional Regulation.
| 21 |
| "Employee" means a person who works for a person or agency | 22 |
| that has the
right to
control the details of the work performed | 23 |
| and is not dependent upon whether or
not
federal or state | 24 |
| payroll taxes are withheld.
| 25 |
| "Fingerprint vendor" means a person that offers, | 26 |
| advertises, or provides services to fingerprint individuals, |
|
|
|
HB5080 Enrolled |
- 5 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| through electronic or other means, for the purpose of providing | 2 |
| fingerprint images and associated demographic data to the | 3 |
| Department of State Police for processing fingerprint based | 4 |
| criminal history record information inquiries. | 5 |
| "Fingerprint vendor agency" means a person, firm, | 6 |
| corporation, or other legal entity that engages in the | 7 |
| fingerprint vendor business and employs, in addition to the | 8 |
| fingerprint vendor licensee-in-charge, at least one other | 9 |
| person in conducting that business. | 10 |
| "Fingerprint vendor licensee-in-charge" means a person who | 11 |
| has been designated by a fingerprint vendor agency to be the | 12 |
| licensee-in-charge of an agency who is a full-time management | 13 |
| employee or owner who assumes sole responsibility for | 14 |
| maintaining all records required by this Act and who assumes | 15 |
| sole responsibility for assuring the licensed agency's | 16 |
| compliance with its responsibilities as stated in this Act. The | 17 |
| Department shall adopt rules mandating licensee-in-charge | 18 |
| participation in agency affairs.
| 19 |
| "Fire alarm system" means any system that is activated by | 20 |
| an automatic or
manual device in the detection of smoke, heat, | 21 |
| or fire that activates an
audible, visible, or
remote signal | 22 |
| requiring a response.
| 23 |
| "Firearm control card" means a card issued by the | 24 |
| Department that
authorizes
the holder, who has complied with | 25 |
| the training and other requirements of this Act, to carry a | 26 |
| weapon during the performance of his or her duties as
specified |
|
|
|
HB5080 Enrolled |
- 6 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| in
this Act.
| 2 |
| "Firm" means an unincorporated business entity, including | 3 |
| but not limited to
proprietorships and partnerships.
| 4 |
| "Licensee" means a person licensed under this Act as a | 5 |
| fingerprint vendor, fingerprint vendor agency, locksmith, | 6 |
| locksmith agency, private alarm contractor, private alarm | 7 |
| contractor agency, private detective, private detective | 8 |
| agency, private security contractor, or private security | 9 |
| contractor agency. Anyone who holds himself or herself out as a | 10 |
| licensee or who is accused of unlicensed practice is considered | 11 |
| a licensee for purposes of enforcement, investigation, | 12 |
| hearings, and the Illinois Administrative Procedure Act. | 13 |
| "Locksmith" means
a person who engages in a business or | 14 |
| holds himself out to the public as
providing a service that | 15 |
| includes, but is not limited to, the servicing,
installing, | 16 |
| originating first keys, re-coding, repairing, maintaining,
| 17 |
| manipulating, or bypassing of a mechanical or electronic | 18 |
| locking device, access
control or video surveillance system at | 19 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 20 |
| automatic teller machines.
| 21 |
| "Locksmith agency" means a person, firm, corporation, or | 22 |
| other legal entity
that engages
in the
locksmith business and | 23 |
| employs, in addition to the locksmith
licensee-in-charge, at | 24 |
| least
one other person in conducting such business.
| 25 |
| "Locksmith licensee-in-charge" means a person who has been | 26 |
| designated by
agency to be the licensee-in-charge of an agency,
|
|
|
|
HB5080 Enrolled |
- 7 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| who is a
full-time management employee or owner who assumes | 2 |
| sole responsibility
for
maintaining all records required by | 3 |
| this Act, and who assumes sole
responsibility for
assuring the | 4 |
| licensed agency's compliance with its responsibilities as | 5 |
| stated
in this Act. The Department shall adopt rules mandating | 6 |
| licensee-in-charge
participation in agency affairs.
| 7 |
| "Peace officer" or "police officer" means a person who, by | 8 |
| virtue of office
or
public
employment, is vested by law with a | 9 |
| duty to maintain public order or to make
arrests for
offenses, | 10 |
| whether that duty extends to all offenses or is limited to | 11 |
| specific
offenses.
Officers, agents, or employees of the | 12 |
| federal government commissioned by
federal
statute
to make | 13 |
| arrests for violations of federal laws are considered peace | 14 |
| officers.
| 15 |
| "Permanent employee registration card" means a card issued | 16 |
| by the Department
to an
individual who has applied to the | 17 |
| Department and meets the requirements for
employment by a | 18 |
| licensed agency under this Act.
| 19 |
| "Person" means a natural person.
| 20 |
| "Private alarm contractor" means a person who engages in a | 21 |
| business that
individually or through others undertakes, | 22 |
| offers to undertake, purports to
have the
capacity to | 23 |
| undertake, or submits a bid to sell, install, design, monitor, | 24 |
| maintain,
alter, repair,
replace, or service alarm and other | 25 |
| security-related systems or parts thereof,
including fire
| 26 |
| alarm systems, at protected premises or premises to be |
|
|
|
HB5080 Enrolled |
- 8 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| protected or responds to
alarm
systems at a protected premises | 2 |
| on an emergency basis and not as a full-time
security officer. | 3 |
| "Private alarm contractor" does not include a person, firm,
or
| 4 |
| corporation that
manufactures or sells alarm systems
only from | 5 |
| its place of business and does not sell, install, monitor, | 6 |
| maintain,
alter, repair, replace, service, or respond to alarm | 7 |
| systems at protected
premises or premises to be protected.
| 8 |
| "Private alarm contractor agency" means a person, | 9 |
| corporation, or other
entity
that
engages in the private alarm | 10 |
| contracting business and employs, in addition to
the private
| 11 |
| alarm contractor-in-charge, at least one other person in | 12 |
| conducting such
business.
| 13 |
| "Private alarm contractor licensee-in-charge" means a | 14 |
| person who has been
designated by an
agency to be the | 15 |
| licensee-in-charge of an agency, who is a full-time management
| 16 |
| employee or owner who
assumes sole
responsibility for | 17 |
| maintaining all records required by this Act, and who
assumes
| 18 |
| sole
responsibility for assuring the licensed agency's | 19 |
| compliance with its
responsibilities as
stated in this Act.
The | 20 |
| Department shall adopt rules mandating licensee-in-charge | 21 |
| participation in
agency affairs.
| 22 |
| "Private detective" means any person who by any means, | 23 |
| including, but not
limited to, manual, canine odor detection,
| 24 |
| or electronic methods, engages in the business of, accepts
| 25 |
| employment
to furnish, or agrees to make or makes | 26 |
| investigations for a fee or other
consideration to
obtain |
|
|
|
HB5080 Enrolled |
- 9 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| information relating to:
| 2 |
| (1) Crimes or wrongs done or threatened against the | 3 |
| United States, any
state or
territory of the United States, | 4 |
| or any local government of a state or
territory.
| 5 |
| (2) The identity, habits, conduct, business | 6 |
| occupation, honesty,
integrity,
credibility, knowledge, | 7 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 8 |
| whereabouts, affiliations, associations, transactions, | 9 |
| acts,
reputation, or character of any person, firm, or | 10 |
| other entity by any means,
manual or electronic.
| 11 |
| (3) The location, disposition, or recovery of lost or | 12 |
| stolen property.
| 13 |
| (4) The cause, origin, or responsibility for fires, | 14 |
| accidents, or injuries
to
individuals or real or personal | 15 |
| property.
| 16 |
| (5) The truth or falsity of any statement or | 17 |
| representation.
| 18 |
| (6) Securing evidence to be used before any court, | 19 |
| board, or investigating
body.
| 20 |
| (7) The protection of individuals from bodily harm or | 21 |
| death (bodyguard
functions).
| 22 |
| (8) Service of process in criminal and civil | 23 |
| proceedings without court
order.
| 24 |
| "Private detective agency" means a person, firm, | 25 |
| corporation, or other legal
entity that engages
in the
private | 26 |
| detective business and employs, in addition to the |
|
|
|
HB5080 Enrolled |
- 10 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| licensee-in-charge,
one or more
persons in conducting such | 2 |
| business.
| 3 |
| "Private detective licensee-in-charge" means a person who | 4 |
| has been designated
by an agency
to be the licensee-in-charge | 5 |
| of an
agency,
who is a full-time management employee or owner
| 6 |
| who assumes sole
responsibility
for
maintaining all records | 7 |
| required by this Act, and who assumes sole
responsibility
for | 8 |
| assuring
the licensed agency's compliance with its | 9 |
| responsibilities as stated in this
Act. The Department shall | 10 |
| adopt rules mandating licensee-in-charge
participation in | 11 |
| agency affairs.
| 12 |
| "Private security contractor" means a person who engages in | 13 |
| the business of
providing a private security officer, watchman, | 14 |
| patrol, guard dog, canine odor detection, or a similar service | 15 |
| by
any other
title or name on a contractual basis for another | 16 |
| person, firm, corporation, or
other entity
for a fee or other | 17 |
| consideration and performing one or more of the following
| 18 |
| functions:
| 19 |
| (1) The prevention or detection of intrusion, entry, | 20 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 21 |
| governmental property.
| 22 |
| (2) The prevention, observation, or detection of any | 23 |
| unauthorized activity
on
private or governmental property.
| 24 |
| (3) The protection of persons authorized to be on the | 25 |
| premises of the
person,
firm, or other entity for which the | 26 |
| security contractor contractually provides
security |
|
|
|
HB5080 Enrolled |
- 11 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| services.
| 2 |
| (4) The prevention of the misappropriation or | 3 |
| concealment of goods, money,
bonds, stocks, notes, | 4 |
| documents, or papers.
| 5 |
| (5) The control, regulation, or direction of the | 6 |
| movement of the public
for
the
time specifically required | 7 |
| for the protection of property owned or controlled
by the | 8 |
| client.
| 9 |
| (6) The protection of individuals from bodily harm or | 10 |
| death (bodyguard
functions).
| 11 |
| "Private security contractor agency" means a person, firm, | 12 |
| corporation, or
other legal entity that
engages in
the private | 13 |
| security contractor business and that employs, in addition to | 14 |
| the
licensee-in-charge, one or more persons in conducting such | 15 |
| business.
| 16 |
| "Private security contractor licensee-in-charge" means a | 17 |
| person who has been
designated by an agency to be the
| 18 |
| licensee-in-charge of an
agency, who is a full-time management | 19 |
| employee or owner
who assumes sole responsibility for | 20 |
| maintaining all records required by this
Act, and who
assumes | 21 |
| sole responsibility for assuring the licensed agency's | 22 |
| compliance with
its
responsibilities as
stated in this Act. The | 23 |
| Department shall adopt rules mandating
licensee-in-charge | 24 |
| participation in agency affairs.
| 25 |
| "Public member" means a person who is not a licensee or | 26 |
| related to a
licensee, or who is not an employer or employee of |
|
|
|
HB5080 Enrolled |
- 12 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| a licensee. The term
"related to" shall be determined by the | 2 |
| rules of the Department.
| 3 |
| "Secretary" means the Secretary of the Department of | 4 |
| Financial and Professional Regulation.
| 5 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 6 |
| (Text of Section after amendment by P.A. 96-847 )
| 7 |
| (Section scheduled to be repealed on January 1, 2014)
| 8 |
| Sec. 5-10. Definitions. As used in this Act:
| 9 |
| "Address of record" means the designated address recorded | 10 |
| by the Department in the applicant's application file or the | 11 |
| licensee's license file, as maintained by the Department's | 12 |
| licensure maintenance unit. | 13 |
| "Advertisement" means any printed material that is | 14 |
| published in a phone book,
newspaper, magazine, pamphlet, | 15 |
| newsletter, or other similar type of publication
that is
| 16 |
| intended to either attract business or merely provide contact | 17 |
| information to
the public for
an agency or licensee. | 18 |
| Advertisement shall include any material disseminated by
| 19 |
| printed or electronic means or media, but shall not include a | 20 |
| licensee's or an
agency's
letterhead, business cards, or other | 21 |
| stationery used in routine business
correspondence or
| 22 |
| customary name, address, and number type listings in a | 23 |
| telephone directory.
| 24 |
| "Alarm system" means any system, including an electronic | 25 |
| access control
system, a
surveillance video system, a security |
|
|
|
HB5080 Enrolled |
- 13 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| video system, a burglar alarm system, a
fire alarm
system, an | 2 |
| emergency communication system, mass notification system, or | 3 |
| any other electronic system that activates an audible, visible,
| 4 |
| remote, or
recorded signal that is designed for the protection | 5 |
| or detection of intrusion,
entry, theft,
fire, vandalism, | 6 |
| escape, or trespass, or other electronic systems designed for | 7 |
| the protection of life by indicating the existence of an | 8 |
| emergency situation.
| 9 |
| "Applicant" means a person applying for licensure under | 10 |
| this Act as a fingerprint vendor, fingerprint vendor agency, | 11 |
| locksmith, locksmith agency, private alarm contractor, private | 12 |
| alarm contractor agency, private detective, private detective | 13 |
| agency, private security contractor, or private security | 14 |
| contractor agency. Any applicant or person who holds himself or | 15 |
| herself out as an applicant is considered a licensee for | 16 |
| purposes of enforcement, investigation, hearings, and the | 17 |
| Illinois Administrative Procedure Act. | 18 |
| "Armed employee" means a licensee or registered person who | 19 |
| is employed by an
agency licensed or an armed proprietary | 20 |
| security force registered under this
Act who carries a weapon | 21 |
| while engaged in the
performance
of official duties within the | 22 |
| course and scope of his or her employment during
the hours
and | 23 |
| times the employee is scheduled to work or is commuting between | 24 |
| his or her
home or
place of employment, provided that commuting | 25 |
| is accomplished within one hour
from
departure from home or | 26 |
| place of employment.
|
|
|
|
HB5080 Enrolled |
- 14 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| "Armed proprietary security force" means a security force | 2 |
| made up of 5 or
more
armed individuals employed by a private, | 3 |
| commercial, or industrial operation or
one or
more armed | 4 |
| individuals employed by a financial institution as security | 5 |
| officers
for the
protection of persons or property.
| 6 |
| "Board" means the Private Detective, Private Alarm, | 7 |
| Private Security, Fingerprint Vendor, and
Locksmith Board.
| 8 |
| "Branch office" means a business location removed from the | 9 |
| place of business
for which an agency license has been issued, | 10 |
| including, but not limited to,
locations where active employee | 11 |
| records that are required to be maintained
under this Act are | 12 |
| kept, where prospective new
employees
are processed, or where | 13 |
| members of the public are invited in to transact
business. A
| 14 |
| branch office does not include an office or other facility | 15 |
| located on the
property of an
existing client that is utilized | 16 |
| solely for the benefit of that client and is
not owned or
| 17 |
| leased by the agency.
| 18 |
| "Canine handler" means a person who uses or handles a | 19 |
| trained dog
to protect persons or property or
to conduct | 20 |
| investigations. | 21 |
| "Canine handler authorization card" means a card issued by | 22 |
| the Department that authorizes
the holder to use or handle a | 23 |
| trained dog to protect persons or property or to conduct
| 24 |
| investigations during the performance of his or her duties as | 25 |
| specified in this Act. | 26 |
| "Canine trainer" means a person who acts as a dog trainer |
|
|
|
HB5080 Enrolled |
- 15 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| for the purpose of training dogs to protect
persons or property | 2 |
| or to conduct investigations. | 3 |
| "Canine trainer authorization card" means a card issued by | 4 |
| the Department that authorizes the
holder to train a dog to | 5 |
| protect persons or property or to conduct investigations during | 6 |
| the
performance of his or her duties as specified in this Act. | 7 |
| "Canine training facility" means a facility operated by a | 8 |
| licensed private detective agency or private
security agency | 9 |
| wherein dogs are trained for the purposes of protecting persons | 10 |
| or property or to
conduct investigations.
| 11 |
| "Corporation" means an artificial person or legal entity | 12 |
| created by or under
the
authority of the laws of a state, | 13 |
| including without limitation a corporation,
limited liability | 14 |
| company, or any other legal entity.
| 15 |
| "Department" means the Department of Financial and
| 16 |
| Professional Regulation.
| 17 |
| "Emergency communication system" means any system that | 18 |
| communicates information about emergencies, including but not | 19 |
| limited to fire, terrorist activities, shootings, other | 20 |
| dangerous situations, accidents, and natural disasters. | 21 |
| "Employee" means a person who works for a person or agency | 22 |
| that has the
right to
control the details of the work performed | 23 |
| and is not dependent upon whether or
not
federal or state | 24 |
| payroll taxes are withheld.
| 25 |
| "Fingerprint vendor" means a person that offers, | 26 |
| advertises, or provides services to fingerprint individuals, |
|
|
|
HB5080 Enrolled |
- 16 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| through electronic or other means, for the purpose of providing | 2 |
| fingerprint images and associated demographic data to the | 3 |
| Department of State Police for processing fingerprint based | 4 |
| criminal history record information inquiries. | 5 |
| "Fingerprint vendor agency" means a person, firm, | 6 |
| corporation, or other legal entity that engages in the | 7 |
| fingerprint vendor business and employs, in addition to the | 8 |
| fingerprint vendor licensee-in-charge, at least one other | 9 |
| person in conducting that business. | 10 |
| "Fingerprint vendor licensee-in-charge" means a person who | 11 |
| has been designated by a fingerprint vendor agency to be the | 12 |
| licensee-in-charge of an agency who is a full-time management | 13 |
| employee or owner who assumes sole responsibility for | 14 |
| maintaining all records required by this Act and who assumes | 15 |
| sole responsibility for assuring the licensed agency's | 16 |
| compliance with its responsibilities as stated in this Act. The | 17 |
| Department shall adopt rules mandating licensee-in-charge | 18 |
| participation in agency affairs.
| 19 |
| "Fire alarm system" means any system that is activated by | 20 |
| an automatic or
manual device in the detection of smoke, heat, | 21 |
| or fire that activates an
audible, visible, or
remote signal | 22 |
| requiring a response.
| 23 |
| "Firearm control card" means a card issued by the | 24 |
| Department that
authorizes
the holder, who has complied with | 25 |
| the training and other requirements of this Act, to carry a | 26 |
| weapon during the performance of his or her duties as
specified |
|
|
|
HB5080 Enrolled |
- 17 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| in
this Act.
| 2 |
| "Firm" means an unincorporated business entity, including | 3 |
| but not limited to
proprietorships and partnerships.
| 4 |
| "Licensee" means a person licensed under this Act as a | 5 |
| fingerprint vendor, fingerprint vendor agency, locksmith, | 6 |
| locksmith agency, private alarm contractor, private alarm | 7 |
| contractor agency, private detective, private detective | 8 |
| agency, private security contractor, or private security | 9 |
| contractor agency. Anyone who holds himself or herself out as a | 10 |
| licensee or who is accused of unlicensed practice is considered | 11 |
| a licensee for purposes of enforcement, investigation, | 12 |
| hearings, and the Illinois Administrative Procedure Act. | 13 |
| "Locksmith" means
a person who engages in a business or | 14 |
| holds himself out to the public as
providing a service that | 15 |
| includes, but is not limited to, the servicing,
installing, | 16 |
| originating first keys, re-coding, repairing, maintaining,
| 17 |
| manipulating, or bypassing of a mechanical or electronic | 18 |
| locking device, access
control or video surveillance system at | 19 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 20 |
| automatic teller machines.
| 21 |
| "Locksmith agency" means a person, firm, corporation, or | 22 |
| other legal entity
that engages
in the
locksmith business and | 23 |
| employs, in addition to the locksmith
licensee-in-charge, at | 24 |
| least
one other person in conducting such business.
| 25 |
| "Locksmith licensee-in-charge" means a person who has been | 26 |
| designated by
agency to be the licensee-in-charge of an agency,
|
|
|
|
HB5080 Enrolled |
- 18 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| who is a
full-time management employee or owner who assumes | 2 |
| sole responsibility
for
maintaining all records required by | 3 |
| this Act, and who assumes sole
responsibility for
assuring the | 4 |
| licensed agency's compliance with its responsibilities as | 5 |
| stated
in this Act. The Department shall adopt rules mandating | 6 |
| licensee-in-charge
participation in agency affairs.
| 7 |
| "Mass notification system" means any system that is used to | 8 |
| provide information and instructions to people in a building or | 9 |
| other space using voice communications, including visible | 10 |
| signals, text, graphics, tactile, or other communication | 11 |
| methods. | 12 |
| "Peace officer" or "police officer" means a person who, by | 13 |
| virtue of office
or
public
employment, is vested by law with a | 14 |
| duty to maintain public order or to make
arrests for
offenses, | 15 |
| whether that duty extends to all offenses or is limited to | 16 |
| specific
offenses.
Officers, agents, or employees of the | 17 |
| federal government commissioned by
federal
statute
to make | 18 |
| arrests for violations of federal laws are considered peace | 19 |
| officers.
| 20 |
| "Permanent employee registration card" means a card issued | 21 |
| by the Department
to an
individual who has applied to the | 22 |
| Department and meets the requirements for
employment by a | 23 |
| licensed agency under this Act.
| 24 |
| "Person" means a natural person.
| 25 |
| "Private alarm contractor" means a person who engages in a | 26 |
| business that
individually or through others undertakes, |
|
|
|
HB5080 Enrolled |
- 19 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| offers to undertake, purports to
have the
capacity to | 2 |
| undertake, or submits a bid to sell, install, design, monitor, | 3 |
| maintain,
alter, repair,
replace, or service alarm and other | 4 |
| security-related systems or parts thereof,
including fire
| 5 |
| alarm systems, at protected premises or premises to be | 6 |
| protected or responds to
alarm
systems at a protected premises | 7 |
| on an emergency basis and not as a full-time
security officer. | 8 |
| "Private alarm contractor" does not include a person, firm,
or
| 9 |
| corporation that
manufactures or sells alarm systems
only from | 10 |
| its place of business and does not sell, install, monitor, | 11 |
| maintain,
alter, repair, replace, service, or respond to alarm | 12 |
| systems at protected
premises or premises to be protected.
| 13 |
| "Private alarm contractor agency" means a person, | 14 |
| corporation, or other
entity
that
engages in the private alarm | 15 |
| contracting business and employs, in addition to
the private
| 16 |
| alarm contractor-in-charge, at least one other person in | 17 |
| conducting such
business.
| 18 |
| "Private alarm contractor licensee-in-charge" means a | 19 |
| person who has been
designated by an
agency to be the | 20 |
| licensee-in-charge of an agency, who is a full-time management
| 21 |
| employee or owner who
assumes sole
responsibility for | 22 |
| maintaining all records required by this Act, and who
assumes
| 23 |
| sole
responsibility for assuring the licensed agency's | 24 |
| compliance with its
responsibilities as
stated in this Act.
The | 25 |
| Department shall adopt rules mandating licensee-in-charge | 26 |
| participation in
agency affairs.
|
|
|
|
HB5080 Enrolled |
- 20 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| "Private detective" means any person who by any means, | 2 |
| including, but not
limited to, manual, canine odor detection,
| 3 |
| or electronic methods, engages in the business of, accepts
| 4 |
| employment
to furnish, or agrees to make or makes | 5 |
| investigations for a fee or other
consideration to
obtain | 6 |
| information relating to:
| 7 |
| (1) Crimes or wrongs done or threatened against the | 8 |
| United States, any
state or
territory of the United States, | 9 |
| or any local government of a state or
territory.
| 10 |
| (2) The identity, habits, conduct, business | 11 |
| occupation, honesty,
integrity,
credibility, knowledge, | 12 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 13 |
| whereabouts, affiliations, associations, transactions, | 14 |
| acts,
reputation, or character of any person, firm, or | 15 |
| other entity by any means,
manual or electronic.
| 16 |
| (3) The location, disposition, or recovery of lost or | 17 |
| stolen property.
| 18 |
| (4) The cause, origin, or responsibility for fires, | 19 |
| accidents, or injuries
to
individuals or real or personal | 20 |
| property.
| 21 |
| (5) The truth or falsity of any statement or | 22 |
| representation.
| 23 |
| (6) Securing evidence to be used before any court, | 24 |
| board, or investigating
body.
| 25 |
| (7) The protection of individuals from bodily harm or | 26 |
| death (bodyguard
functions).
|
|
|
|
HB5080 Enrolled |
- 21 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| (8) Service of process in criminal and civil | 2 |
| proceedings without court
order.
| 3 |
| "Private detective agency" means a person, firm, | 4 |
| corporation, or other legal
entity that engages
in the
private | 5 |
| detective business and employs, in addition to the | 6 |
| licensee-in-charge,
one or more
persons in conducting such | 7 |
| business.
| 8 |
| "Private detective licensee-in-charge" means a person who | 9 |
| has been designated
by an agency
to be the licensee-in-charge | 10 |
| of an
agency,
who is a full-time management employee or owner
| 11 |
| who assumes sole
responsibility
for
maintaining all records | 12 |
| required by this Act, and who assumes sole
responsibility
for | 13 |
| assuring
the licensed agency's compliance with its | 14 |
| responsibilities as stated in this
Act. The Department shall | 15 |
| adopt rules mandating licensee-in-charge
participation in | 16 |
| agency affairs.
| 17 |
| "Private security contractor" means a person who engages in | 18 |
| the business of
providing a private security officer, watchman, | 19 |
| patrol, guard dog, canine odor detection, or a similar service | 20 |
| by
any other
title or name on a contractual basis for another | 21 |
| person, firm, corporation, or
other entity
for a fee or other | 22 |
| consideration and performing one or more of the following
| 23 |
| functions:
| 24 |
| (1) The prevention or detection of intrusion, entry, | 25 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 26 |
| governmental property.
|
|
|
|
HB5080 Enrolled |
- 22 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| (2) The prevention, observation, or detection of any | 2 |
| unauthorized activity
on
private or governmental property.
| 3 |
| (3) The protection of persons authorized to be on the | 4 |
| premises of the
person,
firm, or other entity for which the | 5 |
| security contractor contractually provides
security | 6 |
| services.
| 7 |
| (4) The prevention of the misappropriation or | 8 |
| concealment of goods, money,
bonds, stocks, notes, | 9 |
| documents, or papers.
| 10 |
| (5) The control, regulation, or direction of the | 11 |
| movement of the public
for
the
time specifically required | 12 |
| for the protection of property owned or controlled
by the | 13 |
| client.
| 14 |
| (6) The protection of individuals from bodily harm or | 15 |
| death (bodyguard
functions).
| 16 |
| "Private security contractor agency" means a person, firm, | 17 |
| corporation, or
other legal entity that
engages in
the private | 18 |
| security contractor business and that employs, in addition to | 19 |
| the
licensee-in-charge, one or more persons in conducting such | 20 |
| business.
| 21 |
| "Private security contractor licensee-in-charge" means a | 22 |
| person who has been
designated by an agency to be the
| 23 |
| licensee-in-charge of an
agency, who is a full-time management | 24 |
| employee or owner
who assumes sole responsibility for | 25 |
| maintaining all records required by this
Act, and who
assumes | 26 |
| sole responsibility for assuring the licensed agency's |
|
|
|
HB5080 Enrolled |
- 23 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| compliance with
its
responsibilities as
stated in this Act. The | 2 |
| Department shall adopt rules mandating
licensee-in-charge | 3 |
| participation in agency affairs.
| 4 |
| "Public member" means a person who is not a licensee or | 5 |
| related to a
licensee, or who is not an employer or employee of | 6 |
| a licensee. The term
"related to" shall be determined by the | 7 |
| rules of the Department.
| 8 |
| "Secretary" means the Secretary of the Department of | 9 |
| Financial and Professional Regulation.
| 10 |
| (Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10.)
| 11 |
| (225 ILCS 447/10-37 new) | 12 |
| Sec. 10-37. Address of record. It is the duty of the | 13 |
| applicant or licensee to inform the Department of any change of | 14 |
| address within 14 days after such change either through the | 15 |
| Department's website or by contacting the Department's | 16 |
| licensure maintenance unit.
| 17 |
| (225 ILCS 447/30-15)
| 18 |
| (Section scheduled to be repealed on January 1, 2014)
| 19 |
| Sec. 30-15. Qualifications for licensure as a locksmith
| 20 |
| agency. | 21 |
| (a) Upon receipt of the required fee and proof that the
| 22 |
| applicant is an Illinois licensed locksmith who shall assume
| 23 |
| responsibility for the operation of the agency and the
directed | 24 |
| actions of the agency's employees, which is a
continuing |
|
|
|
HB5080 Enrolled |
- 24 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| requirement for agency licensure, the Department
shall issue a | 2 |
| license as a locksmith
agency to any of the following:
| 3 |
| (1) An individual who submits an application and is
a | 4 |
| licensed locksmith under this Act.
| 5 |
| (2) A firm that submits an application and all of
the | 6 |
| members of the firm are licensed locksmiths under this
Act.
| 7 |
| (3) A corporation or limited liability company
doing | 8 |
| business in Illinois that is authorized to engage in the | 9 |
| business of
conducting a locksmith agency if at least one | 10 |
| officer or
executive employee is a licensed locksmith under | 11 |
| this Act and
all unlicensed officers and directors of the | 12 |
| corporation or
limited liability company are determined by | 13 |
| the Department to
be persons of good moral character.
| 14 |
| (b) An individual licensed as a locksmith operating
under a | 15 |
| business name other
than the licensed locksmith's own name | 16 |
| shall not be required
to obtain a locksmith agency license if | 17 |
| that licensed
locksmith does not employ any persons to engage | 18 |
| in the
practice of locksmithing and registers under the Assumed | 19 |
| Business Name Act.
| 20 |
| (c) No locksmith may be the locksmith licensee in-charge | 21 |
| for more than one
locksmith agency. Upon written
request by a | 22 |
| representative of the agency, within 10 days
after the loss of | 23 |
| a locksmith-in-charge of an agency because
of the death of that | 24 |
| individual or because of the termination
of the employment of | 25 |
| that individual, the Department shall
issue a temporary | 26 |
| certificate of authority allowing the
continuing operation of |
|
|
|
HB5080 Enrolled |
- 25 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| the licensed agency. No temporary
certificate of authority | 2 |
| shall be valid for more than 90 days.
An extension of an | 3 |
| additional 90 days may be granted upon
written request by the | 4 |
| representative of the agency. Not more
than 2 extensions may be | 5 |
| granted to any agency. No temporary
permit shall be issued for | 6 |
| loss of the licensee-in-charge because of
disciplinary action | 7 |
| by
the Department related to his or her conduct on behalf of | 8 |
| the
agency.
| 9 |
| (d) The Department shall require without limitation all of | 10 |
| the following information from each applicant for licensure as | 11 |
| a locksmith agency under this Act: | 12 |
| (1) The name, full business address, and telephone | 13 |
| number of the locksmith agency. The business address for | 14 |
| the locksmith agency shall be a complete street address | 15 |
| from which business is actually conducted, shall be located | 16 |
| within the State, and may not be a P.O. Box. The applicant | 17 |
| shall submit proof that the business location is or will be | 18 |
| used to conduct the locksmith agency's business. The | 19 |
| Department may approve of an out-of-state business | 20 |
| location if it is not over 50 miles in distance from the | 21 |
| borders of this State. | 22 |
| (2) All trade or business names used by the licensee. | 23 |
| (3) The type of ownership or operation, such as a | 24 |
| partnership, corporation, or sole proprietorship. | 25 |
| (4) The name of the owner or operator of the locksmith | 26 |
| agency, including: |
|
|
|
HB5080 Enrolled |
- 26 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| (A) if a person, then the name and address of | 2 |
| record of the person; | 3 |
| (B) if a partnership, then the name and address of | 4 |
| record of each partner and the name of the partnership; | 5 |
| (C) if a corporation, then the name, address of | 6 |
| record, and title of each corporate officer and | 7 |
| director, the corporate names, and the name of the | 8 |
| state of incorporation; and | 9 |
| (D) if a sole proprietorship, then the full name | 10 |
| and address of record of the sole proprietor and the | 11 |
| name of the business entity. | 12 |
| (5) The name and license number of the | 13 |
| licensee-in-charge for the locksmith agency. | 14 |
| (6) Any additional information required by the | 15 |
| Department by rule. | 16 |
| (e) A licensed locksmith agency may operate under a "doing | 17 |
| business as" or assumed name certification without having to | 18 |
| obtain a separate locksmith agency license if the "doing | 19 |
| business as" or assumed name is first registered with the | 20 |
| Department. A licensed locksmith agency may register no more | 21 |
| than one assumed name. | 22 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 23 |
| (225 ILCS 447/30-25)
| 24 |
| (Section scheduled to be repealed on January 1, 2014)
| 25 |
| Sec. 30-25. Customer identification; record keeping.
|
|
|
|
HB5080 Enrolled |
- 27 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| (a) A locksmith who bypasses, manipulates, or originates
a | 2 |
| first key by code for a device safeguarding an area where
| 3 |
| access is meant to be limited, whether or not for
compensation, | 4 |
| shall document where the work was performed and
the name, | 5 |
| address, date of birth, telephone number, and
driver's license | 6 |
| number or other identification number of the
person requesting | 7 |
| the work to be done and shall obtain the
signature of that | 8 |
| person. A copy of the work order form , invoice, or receipt | 9 |
| shall
be kept by the licensed locksmith for a period of 2 years | 10 |
| and
shall include the name and license number of the locksmith | 11 |
| or
the name and identification number of the registered | 12 |
| employee
who performed the services. Work order forms , | 13 |
| invoices, or receipts required to be
kept under this Section
| 14 |
| shall be available
for inspection upon written request made 3 | 15 |
| days in
advance by a law enforcement agency.
| 16 |
| (b) A locksmith who bypasses, manipulates, or originates
a | 17 |
| first key for a motor vehicle, whether or not for
compensation, | 18 |
| shall document the name, address, date of birth,
telephone | 19 |
| number, vehicle identification number, and driver's
license | 20 |
| number or other identification number of the person
requesting | 21 |
| entry and obtain the signature of that person. A
copy of the | 22 |
| work order form , invoice, or receipt shall be kept by the | 23 |
| licensed
locksmith for a period of 2 years and shall include | 24 |
| the name
and license number of the locksmith or the name and
| 25 |
| identification number of the registered employee who performed
| 26 |
| the services. Work order forms , invoices, or receipts required |
|
|
|
HB5080 Enrolled |
- 28 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| to be kept under this
Section
shall be available for inspection | 2 |
| upon
written request made 3 days in advance by a law
| 3 |
| enforcement agency.
| 4 |
| (c) A locksmith or locksmith agency shall maintain all | 5 |
| records required by this Act at the business address provided | 6 |
| to the Department pursuant to paragraph (1) of subsection (d) | 7 |
| of Section 30-15. | 8 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 9 |
| (225 ILCS 447/30-30 new) | 10 |
| Sec. 30-30. Consumer protection; required information for | 11 |
| consumers. | 12 |
| (a) A licensee providing any locksmith services shall | 13 |
| document on a work order, invoice, or receipt the name, | 14 |
| address, and telephone number of the person requesting the work | 15 |
| to be done. | 16 |
| (b) The locksmith who performs the services shall include | 17 |
| on the work order, invoice, or receipt his or her name and | 18 |
| license number. | 19 |
| (c) If the locksmith who performs the services is employed | 20 |
| by a locksmith agency, then the name, address, and license | 21 |
| number of the locksmith agency and the name and license or | 22 |
| registration number of the locksmith who performed the services | 23 |
| shall be included on the work order, invoice, or receipt. | 24 |
| (d) A copy of the work order, invoice, or receipt shall be | 25 |
| provided to the customer at the time of service and the |
|
|
|
HB5080 Enrolled |
- 29 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| original copy of the work order, invoice, or receipt shall be | 2 |
| kept by the licensed locksmith or locksmith agency for a period | 3 |
| of 2 years. | 4 |
| (e) The name, address, and license number of the locksmith | 5 |
| or locksmith agency, if applicable, shall be pre-printed on the | 6 |
| work order, invoice, or receipt required under this Section. | 7 |
| (f) A locksmith may be disciplined by the Department | 8 |
| pursuant to this Act for gross, willful, and continued | 9 |
| overcharging for professional locksmith services, including | 10 |
| filing false statements for the collection of fees for services | 11 |
| not rendered. | 12 |
| (225 ILCS 447/30-35 new) | 13 |
| Sec. 30-35. Advertising. In addition to any requirements | 14 |
| under Section 35-15, a licensed locksmith or locksmith agency | 15 |
| shall include the licensee's name, the city and state of the | 16 |
| address provided to the Department pursuant to paragraph (1) of | 17 |
| subsection (d) of Section 30-15, and the licensee's license | 18 |
| number on any advertisement. | 19 |
| (225 ILCS 447/35-32 new) | 20 |
| Sec. 35-32. Employment requirement. The holder of a | 21 |
| permanent employee registration card is prohibited from | 22 |
| performing the activities of a fingerprint vendor, locksmith, | 23 |
| private alarm contractor, private detective, or private | 24 |
| security contractor without being employed by an agency |
|
|
|
HB5080 Enrolled |
- 30 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| licensed under this Act.
| 2 |
| (225 ILCS 447/40-10)
| 3 |
| (Section scheduled to be repealed on January 1, 2014)
| 4 |
| Sec. 40-10. Disciplinary sanctions.
| 5 |
| (a) The Department may deny issuance, refuse to renew,
or | 6 |
| restore or may reprimand, place on probation, suspend,
revoke, | 7 |
| or take other disciplinary or non-disciplinary action against | 8 |
| any license, registration, permanent employee
registration | 9 |
| card, canine handler authorization card, canine trainer | 10 |
| authorization card, or firearm control
card, and may
impose a | 11 |
| fine not to exceed $10,000 for each violation for
any of the | 12 |
| following:
| 13 |
| (1) Fraud or deception in obtaining or renewing of
a | 14 |
| license or registration.
| 15 |
| (2) Professional incompetence as manifested by poor
| 16 |
| standards of service.
| 17 |
| (3) Engaging in dishonorable, unethical, or
| 18 |
| unprofessional conduct of a character likely to deceive,
| 19 |
| defraud, or harm the public.
| 20 |
| (4) Conviction of or entry of a plea of guilty or nolo | 21 |
| contendere or an admission of guilt in Illinois , or another | 22 |
| state , or other jurisdiction of any
crime that is a felony | 23 |
| under the laws of Illinois; a felony in
a federal court; a | 24 |
| misdemeanor, an essential element of which
is dishonesty; | 25 |
| or directly related to professional practice.
|
|
|
|
HB5080 Enrolled |
- 31 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| (5) Performing any services in a grossly negligent
| 2 |
| manner or permitting any of a licensee's employees to | 3 |
| perform
services in a grossly negligent manner, regardless | 4 |
| of whether
actual damage to the public is established.
| 5 |
| (6) Continued practice, although the person
has become | 6 |
| unfit to practice due to any of the
following:
| 7 |
| (A) Physical illness, mental illness, or other | 8 |
| impairment, including, but not
limited to, | 9 |
| deterioration through the aging process or loss of
| 10 |
| motor skills that results in the inability to serve the | 11 |
| public
with reasonable judgment, skill, or safety.
| 12 |
| (B) Mental disability demonstrated by the
entry of | 13 |
| an order or judgment by a court that a
person is in | 14 |
| need of mental treatment or is incompetent.
| 15 |
| (C) Addiction to or dependency on alcohol or
drugs | 16 |
| that is likely to endanger the public. If the
| 17 |
| Department has reasonable cause to believe that a | 18 |
| person is
addicted to or dependent on alcohol or drugs | 19 |
| that
may endanger the public, the Department may | 20 |
| require the
person to undergo an examination to | 21 |
| determine the
extent of the addiction or dependency.
| 22 |
| (7) Receiving, directly or indirectly, compensation
| 23 |
| for any services not rendered.
| 24 |
| (8) Willfully deceiving or defrauding the public on
a | 25 |
| material matter.
| 26 |
| (9) Failing to account for or remit any moneys or
|
|
|
|
HB5080 Enrolled |
- 32 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| documents coming into the licensee's possession that
| 2 |
| belong to another person or entity.
| 3 |
| (10) Discipline by another United States
jurisdiction | 4 |
| or foreign nation, if at least one of the grounds
for the | 5 |
| discipline is the same or substantially equivalent to
those | 6 |
| set forth in this Act.
| 7 |
| (11) Giving differential treatment to a person that
is | 8 |
| to that person's detriment because of race, color, creed,
| 9 |
| sex, religion, or national origin.
| 10 |
| (12) Engaging in false or misleading advertising.
| 11 |
| (13) Aiding, assisting, or willingly permitting
| 12 |
| another person to violate this Act or rules promulgated | 13 |
| under
it.
| 14 |
| (14) Performing and charging for services without
| 15 |
| authorization to do so from the person or entity serviced.
| 16 |
| (15) Directly or indirectly offering or accepting
any | 17 |
| benefit to or from any employee, agent, or fiduciary
| 18 |
| without the consent of the latter's employer or principal | 19 |
| with
intent to or the understanding that this action will | 20 |
| influence
his or her conduct in relation to his or her | 21 |
| employer's or
principal's affairs.
| 22 |
| (16) Violation of any disciplinary order imposed on
a | 23 |
| licensee by the Department.
| 24 |
| (17) Performing any act or practice that is a violation | 25 |
| of this Act or the rules for the administration of this | 26 |
| Act, or having a conviction or administrative finding of |
|
|
|
HB5080 Enrolled |
- 33 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| guilty as a result of violating any federal or State laws, | 2 |
| rules, or regulations that apply exclusively to the | 3 |
| practices of private detectives, private alarm | 4 |
| contractors, private security contractors, fingerprint | 5 |
| vendors, or locksmiths Failing to comply with any provision | 6 |
| of this
Act or rule promulgated under it .
| 7 |
| (18) Conducting an agency without a valid license.
| 8 |
| (19) Revealing confidential information, except as
| 9 |
| required by law, including but not limited to information
| 10 |
| available under Section 2-123 of the Illinois Vehicle Code.
| 11 |
| (20) Failing to make available to the Department,
upon | 12 |
| request, any books, records, or forms required by this
Act.
| 13 |
| (21) Failing, within 30 days, to respond to a
written | 14 |
| request for information from the Department.
| 15 |
| (22) Failing to provide employment information or
| 16 |
| experience information required by the Department | 17 |
| regarding an
applicant for licensure.
| 18 |
| (23) Failing to make available to the Department at
the | 19 |
| time of the request any indicia of licensure or
| 20 |
| registration issued under this Act.
| 21 |
| (24) Purporting to be a licensee-in-charge of an
agency | 22 |
| without active participation in the agency.
| 23 |
| (25) A finding by the Department that the licensee, | 24 |
| after having his or her license placed on probationary | 25 |
| status, has violated the terms of probation. | 26 |
| (26) Violating subsection (f) of Section 30-30. |
|
|
|
HB5080 Enrolled |
- 34 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| (b) The Department shall seek to be consistent in the
| 2 |
| application of disciplinary sanctions.
| 3 |
| (c) The Department shall adopt rules that set forth | 4 |
| standards of service for the following:
(i) acceptable error | 5 |
| rate in the transmission of fingerprint images and other data | 6 |
| to the Department of State Police;
(ii) acceptable error rate | 7 |
| in the collection and documentation of information used to | 8 |
| generate
fingerprint work orders;
and (iii) any other standard | 9 |
| of service that affects fingerprinting services as determined | 10 |
| by the
Department.
| 11 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 12 |
| (225 ILCS 447/40-25)
| 13 |
| (Section scheduled to be repealed on January 1, 2014)
| 14 |
| Sec. 40-25. Submission to physical or mental examination. | 15 |
| (a) The Department or Board upon a showing of a possible | 16 |
| violation may compel an individual licensed to practice under | 17 |
| this Act, or who has applied for licensure under this Act, to | 18 |
| submit to a mental or physical examination, or both, as | 19 |
| required by and at the expense of the Department. The | 20 |
| Department or Board may order the examining physician to | 21 |
| present testimony concerning the mental or physical | 22 |
| examination of the licensee or applicant. No information shall | 23 |
| be excluded by reason of any common law or statutory privilege | 24 |
| relating to communications between the licensee or applicant | 25 |
| and the examining physician. The examining physicians shall be |
|
|
|
HB5080 Enrolled |
- 35 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| specifically designated by the Board or Department. The | 2 |
| individual to be examined may have, at his or her own expense, | 3 |
| another physician of his or her choice present during all | 4 |
| aspects of this examination. Failure of an individual to submit | 5 |
| to a mental or physical examination, when directed, shall be | 6 |
| grounds for the immediate suspension of his or her license | 7 |
| until the individual submits to the examination if the | 8 |
| Department finds that the refusal to submit to the examination | 9 |
| was without reasonable cause as defined by rule. | 10 |
| (b) In instances in which the Secretary immediately | 11 |
| suspends a person's license for his or her failure to submit to | 12 |
| a mental or physical examination when directed, a hearing on | 13 |
| that person's license must be convened by the Department within | 14 |
| 15 days after the suspension and completed without appreciable | 15 |
| delay. | 16 |
| (c) In instances in which the Secretary otherwise suspends | 17 |
| a person's license pursuant to the results of a compelled | 18 |
| mental or physical examination, a hearing on that person's | 19 |
| license must be convened by the Department within 15 days after | 20 |
| the suspension and completed without appreciable delay. The | 21 |
| Department and Board shall have the authority to review the | 22 |
| subject individual's record of treatment and counseling | 23 |
| regarding the impairment to the extent permitted by applicable | 24 |
| federal statutes and regulations safeguarding the | 25 |
| confidentiality of medical records. | 26 |
| (d) An individual licensed under this Act and affected |
|
|
|
HB5080 Enrolled |
- 36 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| under this Section shall be afforded an opportunity to | 2 |
| demonstrate to the Department or Board that he or she can | 3 |
| resume practice in compliance with acceptable and prevailing | 4 |
| standards under the provisions of his or her license. The | 5 |
| Department may order a licensee or a registrant to submit
to a | 6 |
| reasonable physical or mental examination if the licensee
or | 7 |
| registrant's mental or physical capacity to work safely is
an | 8 |
| issue in a disciplinary proceeding. The failure to submit
to a | 9 |
| Director's order to submit to a reasonable mental or
physical | 10 |
| exam shall constitute a violation of this Act subject
to the | 11 |
| disciplinary provisions in Section 40-10.
| 12 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 13 |
| (225 ILCS 447/45-25)
| 14 |
| (Section scheduled to be repealed on January 1, 2014)
| 15 |
| Sec. 45-25. Disposition by consent order. Disposition may
| 16 |
| be made of any charge by consent order between the
Department | 17 |
| and the licensee. The Board shall be apprised of
the consent | 18 |
| order at its next meeting. The consent order shall be final | 19 |
| upon signature of the Secretary.
| 20 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 21 |
| (225 ILCS 447/45-30)
| 22 |
| (Section scheduled to be repealed on January 1, 2014)
| 23 |
| Sec. 45-30.
Restoration of license after disciplinary
| 24 |
| proceedings. At any time after the successful completion of a |
|
|
|
HB5080 Enrolled |
- 37 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| term of suspension or revocation of a license, the Department | 2 |
| may restore it to the licensee upon the written recommendation | 3 |
| of the Board unless the Board determines after an investigation | 4 |
| and a hearing that restoration is not in the public interest. | 5 |
| The Department shall reinstate any license to
good standing | 6 |
| under this Act upon recommendation
to the Director, after a | 7 |
| hearing before the Board or a
hearing officer authorized by the | 8 |
| Department. The Department
shall be satisfied that the | 9 |
| applicant's renewed practice is
not contrary to the public | 10 |
| interest.
| 11 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 12 |
| (225 ILCS 447/45-40)
| 13 |
| (Section scheduled to be repealed on January 1, 2014)
| 14 |
| Sec. 45-40. Administrative review. All final
| 15 |
| administrative decisions of the Department
are subject to | 16 |
| judicial review under
Article III of the Code of Civil | 17 |
| Procedure. The term
"administrative decision" is defined as in | 18 |
| Section 3-101 of
the Code of Civil Procedure. The proceedings | 19 |
| for judicial
review shall be commenced in the circuit court of | 20 |
| the county
in which the party applying for review resides; but | 21 |
| if
the party is not a resident of Illinois, the venue shall be | 22 |
| in
Sangamon County. The Department shall not be required to
| 23 |
| certify any record to the court or file any answer in court
or | 24 |
| otherwise appear in any court in a judicial review
proceeding, | 25 |
| unless and until the Department has received from the plaintiff |
|
|
|
HB5080 Enrolled |
- 38 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| payment of the costs of furnishing and certifying the record, | 2 |
| which costs shall be determined by the Department there is | 3 |
| filed in the court with the
complaint a receipt from the | 4 |
| Department acknowledging payment
of the costs of furnishing and | 5 |
| certifying the record. Costs
shall be computed at the cost of | 6 |
| preparing the record .
Exhibits shall be certified without cost. | 7 |
| Failure on the part
of the applicant or licensee to file a | 8 |
| receipt in court is grounds for
dismissal of the action. During | 9 |
| all judicial proceedings
incident to a disciplinary action, the | 10 |
| sanctions
imposed upon a licensee by the Department shall | 11 |
| remain in
effect, unless the court determines justice requires | 12 |
| a stay of
the order.
| 13 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 14 |
| (225 ILCS 447/45-55)
| 15 |
| (Section scheduled to be repealed on January 1, 2014)
| 16 |
| Sec. 45-55. Subpoenas.
| 17 |
| (a) The Department, with the approval of a member of the | 18 |
| Board, may subpoena and bring before it any
person to take the | 19 |
| oral or written testimony or compel the production of any | 20 |
| books, papers, records, or any other documents that the | 21 |
| Secretary or his or her designee deems relevant or material to | 22 |
| any such investigation or hearing conducted by the Department
| 23 |
| with the same fees and in the
same manner as prescribed in | 24 |
| civil cases in the courts of this State .
| 25 |
| (b) Any circuit court, upon the application of the
|
|
|
|
HB5080 Enrolled |
- 39 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| licensee, the Department, the designated hearing officer, or | 2 |
| the Board, may order
the
attendance and testimony of witnesses | 3 |
| and the production of relevant documents, files, records, books
| 4 |
| and papers in connection with any hearing or investigation | 5 |
| before the Board in any hearing under this Act .
The
circuit | 6 |
| court may compel obedience to its order by proceedings
for | 7 |
| contempt.
| 8 |
| (c) The Secretary Director , the hearing officer , any member | 9 |
| of the Board, or a certified
shorthand court reporter may | 10 |
| administer oaths at any hearing
the Department conducts. | 11 |
| Notwithstanding any other statute or
Department rule to the | 12 |
| contrary, all requests for testimony,
production of documents | 13 |
| or records shall be in
accordance with this Act.
| 14 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 15 |
| (225 ILCS 447/50-10)
| 16 |
| (Section scheduled to be repealed on January 1, 2014)
| 17 |
| Sec. 50-10. The Private Detective,
Private Alarm, Private | 18 |
| Security, Fingerprint Vendor, and Locksmith Board. | 19 |
| (a) The Private Detective, Private
Alarm, Private | 20 |
| Security, Fingerprint Vendor, and Locksmith Board shall | 21 |
| consist of
13 members appointed by the Director and comprised | 22 |
| of 2
licensed private detectives, 3 licensed private security
| 23 |
| contractors, one licensed private detective or licensed | 24 |
| private security contractor who provides canine odor detection | 25 |
| services, 2 licensed private alarm contractors, one licensed |
|
|
|
HB5080 Enrolled |
- 40 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| fingerprint vendor except for the initial appointment who shall | 2 |
| be required to have experience in the fingerprint vendor | 3 |
| industry that is acceptable to the Department , 2 licensed
| 4 |
| locksmiths, one public member who is not licensed or
registered | 5 |
| under this Act and who has no connection with a
business | 6 |
| licensed under this Act, and one member representing
the | 7 |
| employees registered under this Act. Each member shall be
a | 8 |
| resident of Illinois. Except for the initial appointment of a | 9 |
| licensed fingerprint vendor after the effective date of this | 10 |
| amendatory Act of the 95th General Assembly, each licensed | 11 |
| member shall have at
least 5 years experience as a licensee in | 12 |
| the professional
area in which the person is licensed and be in | 13 |
| good standing
and actively engaged in that profession. In | 14 |
| making
appointments, the Director shall consider the | 15 |
| recommendations
of the professionals and the professional | 16 |
| organizations
representing the licensees. The membership shall | 17 |
| reasonably
reflect the different geographic areas in Illinois.
| 18 |
| (b) Members shall serve 4 year terms and may serve until
| 19 |
| their successors are appointed. No member shall serve for
more | 20 |
| than 2 successive terms. Appointments to fill vacancies
shall | 21 |
| be made in the same manner as the original appointments
for the | 22 |
| unexpired portion of the vacated term. Members of the
Board in | 23 |
| office on the effective date of this Act pursuant to
the | 24 |
| Private Detective, Private Alarm, Private Security, and
| 25 |
| Locksmith Act of 1993 shall serve for the duration of their
| 26 |
| terms and may be appointed for one additional term.
|
|
|
|
HB5080 Enrolled |
- 41 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| (c) A member of the Board may be removed for cause. A
| 2 |
| member subject to formal disciplinary proceedings shall
| 3 |
| disqualify himself or herself from all Board business until
the | 4 |
| charge is resolved. A member also shall disqualify
himself or | 5 |
| herself from any matter on which the member cannot
act | 6 |
| objectively.
| 7 |
| (d) Members shall receive compensation as set by law.
Each | 8 |
| member shall receive reimbursement as set by the
Governor's | 9 |
| Travel Control Board for expenses incurred in
carrying out the | 10 |
| duties as a Board member.
| 11 |
| (e) A majority of Board members constitutes a quorum. A
| 12 |
| majority vote of the quorum is required for a decision.
| 13 |
| (f) The Board shall elect a chairperson and vice
| 14 |
| chairperson.
| 15 |
| (g) Board members are not liable for their acts,
omissions, | 16 |
| decisions, or other conduct in connection with
their duties on | 17 |
| the Board, except those determined to be
willful, wanton, or | 18 |
| intentional misconduct.
| 19 |
| (h) The Board may recommend policies, procedures, and
rules | 20 |
| relevant to the administration and enforcement of this
Act.
| 21 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 22 |
| (225 ILCS 447/50-15)
| 23 |
| (Section scheduled to be repealed on January 1, 2014)
| 24 |
| Sec. 50-15. Powers and duties of the Department. Subject to | 25 |
| the provisions of this Act, the Department may exercise the |
|
|
|
HB5080 Enrolled |
- 42 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| following powers and duties: (a) The Department shall exercise | 2 |
| the powers and duties
prescribed by the Civil Administrative | 3 |
| Code of Illinois and
shall exercise all other powers and duties | 4 |
| set forth in this
Act.
| 5 |
| (1) Prescribe (b) The Director shall prescribe forms to | 6 |
| be issued for
the administration and enforcement of this | 7 |
| Act.
| 8 |
| (2) Authorize examinations to ascertain the | 9 |
| qualifications and fitness of applicants for licensing as a | 10 |
| licensed fingerprint vendor, locksmith, private alarm | 11 |
| contractor, private detective, or private security | 12 |
| contractor and pass upon the qualifications of applicants | 13 |
| for licensure. | 14 |
| (3) Examine the records of licensees or investigate any | 15 |
| other aspect of fingerprint vending, locksmithing, private | 16 |
| alarm contracting, private security contracting, or | 17 |
| practicing as a private detective that is relevant to the | 18 |
| Department's investigation or hearing. | 19 |
| (4) Conduct hearings on proceedings to refuse to issue | 20 |
| or renew licenses or to revoke, suspend, place on | 21 |
| probation, reprimand, or otherwise discipline a license | 22 |
| under this Act or take other non-disciplinary action. | 23 |
| (5) Adopt rules required for the administration of this | 24 |
| Act. | 25 |
| (6) Maintain rosters of the names and addresses of all | 26 |
| licensees and all persons whose licenses have been |
|
|
|
HB5080 Enrolled |
- 43 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| suspended, revoked, denied renewal, or otherwise | 2 |
| disciplined within the previous calendar year. These | 3 |
| rosters shall be available upon written request and payment | 4 |
| of the required fee as established by rule. | 5 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 6 |
| (225 ILCS 447/50-30)
| 7 |
| (Section scheduled to be repealed on January 1, 2014)
| 8 |
| Sec. 50-30. Fees; deposit of fees and fines. The
Department | 9 |
| shall by rule provide for fees for the
administration and | 10 |
| enforcement of this Act, and those fees are
nonrefundable. | 11 |
| Applicants for examination shall be required to pay a fee to | 12 |
| either the Department or the designated testing service to | 13 |
| cover the cost of providing the examination. If an applicant | 14 |
| fails to appear for the examination on the scheduled date at | 15 |
| the time and place specified by the Department or designated | 16 |
| testing service, then the applicant's examination fee shall be | 17 |
| forfeited. All of the fees and fines collected under this
Act | 18 |
| shall be deposited into the General Professions Dedicated
Fund | 19 |
| and be appropriated to the Department for the ordinary
and | 20 |
| contingent expenses of the Department in the
administration and | 21 |
| enforcement of this Act.
| 22 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 23 |
| (225 ILCS 447/50-45 new) | 24 |
| Sec. 50-45. Illinois Administrative Procedure Act; |
|
|
|
HB5080 Enrolled |
- 44 - |
LRB096 17954 ASK 33323 b |
|
| 1 |
| application. The Illinois Administrative Procedure Act is | 2 |
| expressly adopted and incorporated in this Act as if all of the | 3 |
| provisions of that Act were included in this Act, except that | 4 |
| the provision of paragraph (d) of Section 10-65 of the Illinois | 5 |
| Administrative Procedure Act, which provides that at hearings | 6 |
| the registrant or licensee has the right to show compliance | 7 |
| with all lawful requirements for retention or continuation or | 8 |
| renewal of the license, is specifically excluded. For the | 9 |
| purpose of this Act, the notice required under Section 10-25 of | 10 |
| the Illinois Administrative Procedure Act is considered | 11 |
| sufficient when mailed to the last known address of a party. | 12 |
| Section 95. No acceleration or delay. Where this Act makes | 13 |
| changes in a statute that is represented in this Act by text | 14 |
| that is not yet or no longer in effect (for example, a Section | 15 |
| represented by multiple versions), the use of that text does | 16 |
| not accelerate or delay the taking effect of (i) the changes | 17 |
| made by this Act or (ii) provisions derived from any other | 18 |
| Public Act.
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|