State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_HB1216enr

      225 ILCS 446/105
          Amends the Private   Detective,  Private  Alarm,  Private
      Security,  and  Locksmith  Act  of  1993  to exempt locksmith
      agencies having fewer than 2 registered  employees  from  the
      license  renewal  and  issuance  fees otherwise applicable to
      agencies.
                                                    LRB9005005DPccB
HB1216 Enrolled                               LRB9005005DPccB
 1        AN ACT to amend the  Private  Detective,  Private  Alarm,
 2    Private  Security,  and  Locksmith  Act  of  1993 by changing
 3    Sections 30 and 75.
 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The Private Detective, Private Alarm, Private
 7    Security,  and  Locksmith  Act of 1993 is amended by changing
 8    Sections 30 and 75 as follows:
 9        (225 ILCS 446/30)
10        Sec. 30.  Exemptions. This Act does not apply to:
11        (1)  An officer or employee of the  United  States,  this
12    State,  or  any  political  subdivision  of  either while the
13    officer or employee is engaged in the performance of  his  or
14    her official duties within the course and scope of his or her
15    employment  with  the  United  States,  this  State,  or  any
16    political  subdivision  of  either.   However, any person who
17    offers his or her services as a private detective or  private
18    security  contractor,  or any title when similar services are
19    performed  for   compensation,   fee,   or   other   valuable
20    consideration,  whether  received  directly or indirectly, is
21    subject to this Act and its licensing requirements.
22        (2)  An attorney-at-law licensed to practice in  Illinois
23    while engaging in the practice of law.
24        (3)  A  person  engaged  exclusively  in  the business of
25    obtaining and furnishing  information  as  to  the  financial
26    rating  or  credit  worthiness  of  persons; and a person who
27    provides consumer reports in connection with:
28             (i)  Credit transactions involving the  consumer  on
29        whom the information is to be furnished and involving the
30        extensions of credit to the consumer.
31             (ii)  Information for employment purposes.
HB1216 Enrolled             -2-               LRB9005005DPccB
 1             (iii)  Information for the underwriting of insurance
 2        involving the consumer.
 3        (4)  Insurance   adjusters   legally  employed  or  under
 4    contract  as  adjusters  and   who   engage   in   no   other
 5    investigative  activities other than those directly connected
 6    with adjustment of claims against  an  insurance  company  or
 7    self-insured  by  which  they are employed or with which they
 8    have a  contract.   No  insurance  adjuster  or  company  may
 9    utilize the term "investigation" or any derivative thereof in
10    its  company  name  or  in its advertising other than for the
11    handling of insurance claims.
12        For the  purposes  of  this  Code,  "insurance  adjuster"
13    includes  any person expressly authorized to act on behalf of
14    an insurance company or self-insured and any employee thereof
15    who acts or appears to act on behalf of the insurance company
16    or self-insured in matters relating to claims, including  but
17    not limited to independent contractors while performing claim
18    services at the direction of the company.
19        (5)  A  person  engaged  exclusively  and  employed  by a
20    person, firm, association, or corporation in the business  of
21    transporting  persons  or property in interstate commerce and
22    making an investigation  related  to  the  business  of  that
23    employer.
24        (6)  Any  person, watchman, or guard employed exclusively
25    and regularly by one employer in connection with the  affairs
26    of  that  employer only and there exists an employer/employee
27    relationship.
28        (7)  Any law  enforcement  officer,  as  defined  in  the
29    Illinois  Police Training Act, who has successfully completed
30    the  requirements  of  basic  law  enforcement  and  firearms
31    training  as  prescribed  by  the  Illinois  Law  Enforcement
32    Training  Standards  Board,  employed  by  an   employer   in
33    connection  with the affairs of that employer, provided he or
34    she is exclusively employed by the employer during the  hours
HB1216 Enrolled             -3-               LRB9005005DPccB
 1    or  times  he  or she is scheduled to work for that employer,
 2    and there exists an employer and employee relationship.
 3        In this subsection an  "employee"  is  a  person  who  is
 4    employed  by  an  employer  who  has the right to control and
 5    direct the employee who performs the  services  in  question,
 6    not only as to the result to be accomplished by the work, but
 7    also as to the details and means by which the result is to be
 8    accomplished; and an "employer" is any person or entity, with
 9    the  exception  of  a  private  detective,  private detective
10    agency,  private  security   contractor,   private   security
11    contractor agency, private alarm contractor, or private alarm
12    contractor  agency,  whose  purpose  it is to hire persons to
13    perform  the  business  of  a  private   detective,   private
14    detective   agency,   private  security  contractor,  private
15    security contractor  agency,  private  alarm  contractor,  or
16    private alarm contractor agency.
17        (8)  A  person  who  sells burglar alarm systems and does
18    not install, monitor, maintain, alter,  repair,  service,  or
19    respond  to  burglar  alarm  systems at protected premises or
20    premises to be protected, provided:
21             (i)  The burglar alarm systems are  approved  either
22        by  Underwriters  Laboratories  or  another authoritative
23        source recognized by the Department and are identified by
24        a federally registered trademark.
25             (ii)  The  owner  of  the  trademark  has  expressly
26        authorized the  person  to  sell  the  trademark  owner's
27        products,   and   the   person  provides  proof  of  this
28        authorization upon the request of the Department.
29             (iii)  The owner of  the  trademark  maintains,  and
30        provides  upon  the  Department's  request, a certificate
31        evidencing insurance for bodily injury or property damage
32        arising from faulty or defective products  in  an  amount
33        not  less than $1,000,000 combined single limit; provided
34        that the policy of insurance need not relate  exclusively
HB1216 Enrolled             -4-               LRB9005005DPccB
 1        to burglar alarm systems.
 2        (9)  A  person who sells, installs, maintains, or repairs
 3    automobile alarm systems.
 4        (10)  Nothing in this Act prohibits any of the following:
 5             (A)  Servicing, installing, repairing, or rebuilding
 6        automotive locks by automotive service dealers,  as  long
 7        as  they  do  not  hold  themselves  out to the public as
 8        locksmiths.
 9             (B)  Police, fire, or other municipal employees from
10        opening a lock in an emergency situation, as long as they
11        do not hold themselves out to the public as locksmiths.
12             (C)  Any merchant or retail or hardware  store  from
13        duplicating  keys, from installing, servicing, repairing,
14        rebuilding,  reprogramming,  or  maintaining   electronic
15        garage  door  devices  or  from  selling locks or similar
16        security accessories not  prohibited  from  sale  by  the
17        State of Illinois, as long as they do not hold themselves
18        out to the public as locksmiths.
19             (D)  The  installation  or removal of complete locks
20        or locking devices by members of the building trades when
21        doing so in the course of residential or  commercial  new
22        construction  or  remodeling, as long as they do not hold
23        themselves out to the public as locksmiths.
24             (E)  The employees of towing services, repossessors,
25        or auto clubs from opening automotive locks in the normal
26        course of their duties, as  long  as  they  do  not  hold
27        themselves out to the public as locksmiths. Additionally,
28        this  Act shall not prohibit employees of towing services
29        from opening motor vehicle locks to enable a  vehicle  to
30        be moved without towing, provided that the towing service
31        does  not  hold  itself out to the public, by yellow page
32        advertisement, through a sign at the  facilities  of  the
33        towing  service,  or  by  any  other  advertisement, as a
34        locksmith.
HB1216 Enrolled             -5-               LRB9005005DPccB
 1             (F)  The practice of locksmithing by students in the
 2        course of study in programs approved by  the  Department,
 3        provided  that the students do not hold themselves out to
 4        the public as locksmiths.
 5             (G)  Servicing, installing, repairing, or rebuilding
 6        locks by a lock manufacturer or anyone employed by a lock
 7        manufacturer, as long as they do not hold themselves  out
 8        to the public as locksmiths.
 9             (H)  The   provision  of  any  of  the  products  or
10        services in the practice of locksmithing as identified in
11        Section 5 of this Act by a business licensed by the State
12        of Illinois as a  private  alarm  contractor  or  private
13        alarm contractor agency, as long as the principal purpose
14        of  the  services  provided  to  a  customer  is  not the
15        practice of locksmithing and the business does  not  hold
16        itself out to the public as a locksmith agency.
17             (I)  Any   maintenance   employee   of   a  property
18        management company at a multi-family residential building
19        from servicing, installing, repairing, or  opening  locks
20        for  tenants as long as the maintenance employee does not
21        hold himself or herself out to the public as a locksmith.
22        (11)  A person, firm,  or  corporation  engaged  in  fire
23    protection  engineering,  including  the design, testing, and
24    inspection of fire protection systems.
25        (12)  The practice of professional engineering as defined
26    in the Professional Engineering Practice Act of 1989.
27        (13)  The practice of structural engineering  as  defined
28    in the Structural Engineering Licensing Act of 1989.
29        (14)  The  practice  of  architecture  as  defined in the
30    Illinois Architecture Practice Act of 1989.
31        (15)  The activities of persons or firms  licensed  under
32    the Illinois Public Accounting Act if performed in the course
33    of their professional practice.
34        (16)  This  Act  does  not  prohibit  any persons legally
HB1216 Enrolled             -6-               LRB9005005DPccB
 1    regulated in this State under any other Act from engaging  in
 2    the  practice for which they are licensed, provided that they
 3    do not represent themselves by any title prohibited  by  this
 4    Act.
 5    (Source:  P.A.  88-363; 88-535; 88-586, eff. 8-12-94; 89-366,
 6    eff. 1-1-96.)
 7        (225 ILCS 446/75)
 8        Sec.  75.  Qualifications  for   licensure   and   agency
 9    certification.
10        (a)  Private Detective.  A person is qualified to receive
11    a  license  as  a private detective if he or she meets all of
12    the following requirements:
13             (1)  Is at least 21 years of age.
14             (2)  Has not been convicted in any  jurisdiction  of
15        any  felony  or  at  least 10 years have expired from the
16        time of discharge from any sentence imposed for a felony.
17             (3)  Is of good moral character.  Good character  is
18        a  continuing  requirement  of  licensure.  Conviction of
19        crimes not listed in paragraph (2) of subsection  (a)  of
20        this  Section may be used in determining moral character,
21        but does not operate as an absolute bar to licensure.
22             (4)  Has not been declared by any court of competent
23        jurisdiction to be incompetent by  reason  of  mental  or
24        physical  defect  or  disease  unless  a  court has since
25        declared him or her to be competent.
26             (5)  Is not suffering from habitual  drunkenness  or
27        from narcotic addiction or dependence.
28             (6)  Has  a minimum of 3 years experience out of the
29        5 years immediately  preceding  his  or  her  application
30        working full-time for a licensed private detective agency
31        as  a  registered  private  detective  employee or with 3
32        years experience out of the 5 years immediately preceding
33        his  or  her  application   employed   as   a   full-time
HB1216 Enrolled             -7-               LRB9005005DPccB
 1        investigator  in a law enforcement agency of a federal or
 2        State political subdivision, approved by  the  Board  and
 3        the  Department;  or  an  applicant  who  has  obtained a
 4        baccalaureate degree in police science or a related field
 5        or a  business  degree  from  an  accredited  college  or
 6        university  shall  be  given  credit for 2 of the 3 years
 7        experience required under this Section.  An applicant who
 8        has obtained an associate degree in police science  or  a
 9        related  field  or in business from an accredited college
10        or university shall be given credit  for  one  of  the  3
11        years experience required under this Section.
12             (7)  Has  not  been dishonorably discharged from the
13        armed services of the United States.
14             (8)  Has   successfully   passed   an    examination
15        authorized  by  the  Department.  The  examination  shall
16        include  subjects  reasonably  related  to the activities
17        licensed so as to  provide  for  the  protection  of  the
18        health and safety of the public.
19             (9)  Has  not violated Section 15, 20, or 25 of this
20        Act, but this requirement does not operate as an absolute
21        bar to licensure.
22        It is the  responsibility  of  the  applicant  to  obtain
23    liability   insurance   in   an   amount  and  coverage  type
24    appropriate  as  determined  by  rule  for  the   applicant's
25    individual   business  circumstances.   The  applicant  shall
26    provide evidence of insurance to the Department before  being
27    issued a license.  This insurance requirement is a continuing
28    requirement  for  licensure.    Failure to maintain insurance
29    shall  result  in  cancellation  of  the   license   by   the
30    Department.
31        (b)  Private  security contractor.  A person is qualified
32    to receive a license as a private security contractor  if  he
33    or she meets all of the following requirements:
34             (1)  Is at least 21 years of age.
HB1216 Enrolled             -8-               LRB9005005DPccB
 1             (2)  Has  not  been convicted in any jurisdiction of
 2        any felony or at least 10 years  have  expired  from  the
 3        time of discharge from any sentence imposed for a felony.
 4             (3)  Is   of   good  moral  character.   Good  moral
 5        character  is  a  continuing  requirement  of  licensure.
 6        Convictions of crimes not  listed  in  paragraph  (2)  of
 7        subsection (b) of this Section may be used in determining
 8        moral character, but do not operate as an absolute bar to
 9        licensure.
10             (4)  Has not been declared by any court of competent
11        jurisdiction  to  be  incompetent  by reason of mental or
12        physical defect or  disease  unless  a  court  has  since
13        declared him or her to be competent.
14             (5)  Is  not  suffering from habitual drunkenness or
15        from narcotic addiction or dependence.
16             (6)  Has a minimum of 3 years experience out of  the
17        5 years immediately preceding his or her application as a
18        full-time manager or administrator for a licensed private
19        security  contractor agency or a manager or administrator
20        of a proprietary security force of  30  or  more  persons
21        registered   with   the   Department,  or  with  3  years
22        experience out of the 5 years immediately  preceding  his
23        or  her  application  as  a full-time supervisor in a law
24        enforcement  agency  of  a  federal  or  State  political
25        subdivision, approved by the Board and the Department; or
26        an applicant who has obtained a baccalaureate  degree  in
27        police  science  or  a related field or a business degree
28        from an accredited college or university shall  be  given
29        credit  for  2  of  the 3 years experience required under
30        this Section.  An applicant who has obtained an associate
31        degree in  police  science  or  a  related  field  or  in
32        business  from  an accredited college or university shall
33        be given  credit  for  one  of  the  3  years  experience
34        required under this Section.
HB1216 Enrolled             -9-               LRB9005005DPccB
 1             (7)  Has  not  been dishonorably discharged from the
 2        armed services of the United States.
 3             (8)  Has   successfully   passed   an    examination
 4        authorized  by  the  Department.  The  examination  shall
 5        include  subjects  reasonably  related  to the activities
 6        licensed so as to  provide  for  the  protection  of  the
 7        health and safety of the public.
 8             (9)  Has  not violated Section 15, 20, or 25 of this
 9        Act, but this requirement does not operate as an absolute
10        bar to licensure.
11             (10)  It is the responsibility of the  applicant  to
12        obtain  liability  insurance  in amount and coverage type
13        appropriate as determined by  rule  for  the  applicant's
14        individual  business  circumstances.  The applicant shall
15        provide evidence of insurance to  the  Department  before
16        being  issued a license.  This insurance requirement is a
17        continuing  requirement  for   licensure.    Failure   to
18        maintain  insurance  shall  result in cancellation of the
19        license by the Department.
20        (c)  Private alarm contractor.  A person is qualified  to
21    receive  a license as a private alarm contractor if he or she
22    meets all of the following requirements:
23             (1)  Is at least 21 years of age.
24             (2)  Has not been convicted in any  jurisdiction  of
25        any  felony  or  at  least 10 years have expired from the
26        time of discharge from any sentence imposed for a felony.
27             (3)  Is  of  good  moral  character.    Good   moral
28        character  is  a  continuing  requirement  of  licensure.
29        Convictions  of  crimes  not  listed  in paragraph (2) of
30        subsection (c) of this Section may be used in determining
31        moral character, but do not operate as an absolute bar to
32        licensure.
33             (4)  Has not been declared by any court of competent
34        jurisdiction to be incompetent by  reason  of  mental  or
HB1216 Enrolled             -10-              LRB9005005DPccB
 1        physical  defect  or  disease  unless  a  court has since
 2        declared him or her to be competent.
 3             (5)  Is not suffering from habitual  drunkenness  or
 4        from narcotic addiction or dependence.
 5             (6)  Has  not  been dishonorably discharged from the
 6        armed services of the United States.
 7             (7)  Has a minimum of 3 years experience out of  the
 8        5  years immediately preceding application as a full time
 9        manager or administrator for  an  agency  licensed  as  a
10        private  alarm  contractor  agency, or for an entity that
11        designs, sells, installs,  services,  or  monitors  alarm
12        systems  which  in  the  judgment  of the Board satisfies
13        standards of alarm industry competence. An individual who
14        has received a 4 year degree in electrical engineering or
15        a related field from a  program  approved  by  the  Board
16        shall  be  given  credit  for 2 years of experience under
17        this  item  (7).   An  individual  who  has  successfully
18        completed a national certification  program  approved  by
19        the   Board  shall  be  given  credit  for  one  year  of
20        experience under this item (7).
21             (8)  Has   successfully   passed   an    examination
22        authorized  by  the  Department.    The examination shall
23        include subjects reasonably  related  to  the  activities
24        licensed  so  as  to  provide  for  the protection of the
25        health and safety of the public.
26             (9)  Has not violated Section 15, 20, or 25 of  this
27        Act, but this requirement does not operate as an absolute
28        bar to licensure.
29             (10)  It  is  the responsibility of the applicant to
30        obtain liability insurance in an amount and coverage type
31        appropriate as determined by  rule  for  the  applicant's
32        individual  business  circumstances.  The applicant shall
33        provide evidence of insurance to  the  Department  before
34        being  issued a license.  This insurance requirement is a
HB1216 Enrolled             -11-              LRB9005005DPccB
 1        continuing  requirement  for  licensure.     Failure   to
 2        maintain  insurance  shall  result in cancellation of the
 3        license by the Department.
 4        (d)  Locksmith.  A  person  is  qualified  to  receive  a
 5    license  as  a  locksmith  if  he  or  she  meets  all of the
 6    following requirements:
 7             (1)  Is at least 18 years of age.
 8             (2)  Has not violated any provisions of Section  120
 9        of this Act.
10             (3)  Has  not  been convicted in any jurisdiction of
11        any felony or at least 10 years  have  expired  from  the
12        time of discharge from any sentence imposed for a felony.
13             (4)  Is   of   good  moral  character.   Good  moral
14        character  is  a  continuing  requirement  of  licensure.
15        Convictions of crimes not  listed  in  paragraph  (3)  of
16        subsection (d) of this Section may be used in determining
17        moral character, but do not operate as an absolute bar to
18        licensure.
19             (5)  Has not been declared by any court of competent
20        jurisdiction  to  be  incompetent  by reason of mental or
21        physical defect or  disease  unless  a  court  has  since
22        declared him or her to be competent.
23             (6)  Is  not  suffering from habitual drunkenness or
24        from narcotic addiction or dependence.
25             (7)  Has not been dishonorably discharged  from  the
26        armed services of the United States.
27             (8)  Has  passed  an  examination  authorized by the
28        Department in the theory and practice of the profession.
29             (9)  Has  submitted  to  the  Department  proof   of
30        insurance   sufficient   for  the  individual's  business
31        circumstances.   The  Department,  with  input  from  the
32        Board,  shall   promulgate   rules   specifying   minimum
33        insurance  requirements.  This insurance requirement is a
34        continuing  requirement  for   licensure.    Failure   to
HB1216 Enrolled             -12-              LRB9005005DPccB
 1        maintain  insurance  shall  result in the cancellation of
 2        the license by the Department.  A locksmith employed by a
 3        licensed  locksmith  agency  or  employed  by  a  private
 4        concern may provide proof that his or her  actions  as  a
 5        locksmith  are  covered  by  the  insurance of his or her
 6        employer.
 7        (e)  Private  detective  agency.   Upon  payment  of  the
 8    required fee and proof that the  applicant  has  a  full-time
 9    Illinois  licensed  private  detective  in charge, which is a
10    continuing  requirement   for   agency   certification,   the
11    Department shall issue, without examination, a certificate as
12    a private detective agency to any of the following:
13             (1)  An  individual  who  submits  an application in
14        writing and who is a  licensed  private  detective  under
15        this Act.
16             (2)  A   firm   or   association   that  submits  an
17        application in writing and all of the members of the firm
18        or association are licensed private detectives under this
19        Act.
20             (3)  A duly incorporated or  registered  corporation
21        allowed  to do business in Illinois that is authorized by
22        its articles of incorporation to engage in  the  business
23        of  conducting  a detective agency, provided at least one
24        officer or executive employee is licensed  as  a  private
25        detective  under this Act and all unlicensed officers and
26        directors  of  the  corporation  are  determined  by  the
27        Department to be persons of good moral character.
28        No private detective may  be  the  private  detective  in
29    charge for more than one agency except for an individual who,
30    on  the effective date of this Act, is currently and actively
31    a licensee for more than one agency.  Upon written request by
32    a representative of an agency within 10 days after  the  loss
33    of  a licensee in charge of an agency because of the death of
34    that individual or because of an unanticipated termination of
HB1216 Enrolled             -13-              LRB9005005DPccB
 1    the employment of that individual, the Department shall issue
 2    a temporary permit allowing the  continuing  operation  of  a
 3    previously  licensed  agency.   No  temporary permit shall be
 4    valid for more than 90 days.  An extension of  an  additional
 5    90 days may be granted by the Department for good cause shown
 6    upon written request by the representative of the agency.  No
 7    more  than  2  extensions  may  be granted to any agency.  No
 8    temporary  permit  shall  be  issued  for  the  loss  of  the
 9    detective in charge because of  disciplinary  action  by  the
10    Department.
11        (f)  Private  alarm  contractor  agency.  Upon receipt of
12    the required fee and proof that the applicant has a full-time
13    Illinois licensed private alarm contractor in  charge,  which
14    is  a  continuing  requirement  for agency certification, the
15    Department shall issue, without examination, a certificate as
16    a private alarm contractor agency to any of the following:
17             (1)  An individual who  submits  an  application  in
18        writing  and  who  is a licensed private alarm contractor
19        under this Act.
20             (2)  A  firm  or   association   that   submits   an
21        application  in  writing  that  all of the members of the
22        firm  or   association   are   licensed   private   alarm
23        contractors under this Act.
24             (3)  A  duly  incorporated or registered corporation
25        allowed to do business in Illinois that is authorized  by
26        its  articles  of incorporation to engage in the business
27        of conducting a private alarm contractor agency, provided
28        at least one officer or executive employee is licensed as
29        a  private  alarm  contractor  under  this  Act  and  all
30        unlicensed officers and directors of the corporation  are
31        determined  by the Department to be persons of good moral
32        character.
33        No private alarm contractor  may  be  the  private  alarm
34    contractor  in charge for more than one agency except for any
HB1216 Enrolled             -14-              LRB9005005DPccB
 1    individual who,  on  the  effective  date  of  this  Act,  is
 2    currently  and  actively a licensee for more than one agency.
 3    Upon written request by a representative of an agency  within
 4    10 days after the loss of a licensed private alarm contractor
 5    in  charge  of  an  agency  because  of  the  death  of  that
 6    individual or because of the unanticipated termination of the
 7    employment  of  that individual, the Department shall issue a
 8    temporary permit  allowing  the  continuing  operation  of  a
 9    previously  licensed  agency.   No  temporary permit shall be
10    valid for more than 90 days.  An extension of  an  additional
11    90 days may be granted by the Department for good cause shown
12    and upon written request by the representative of the agency.
13    No  more  than 2 extensions may be granted to any agency.  No
14    temporary permit shall be issued for the loss of the licensee
15    in charge because of disciplinary action by the Department.
16        (g)  Private security contractor agency.  Upon receipt of
17    the required fee and proof that the applicant has a full-time
18    Illinois licensed  private  security  contractor  in  charge,
19    which is continuing requirement for agency certification, the
20    Department shall issue, without examination, a certificate as
21    a private security contractor agency to any of the following:
22             (1)  An  individual  who  submits  an application in
23        writing and who is a licensed private security contractor
24        under this Act.
25             (2)  A  firm  or   association   that   submits   an
26        application  in  writing  that  all  of  the  members are
27        licensed private security contractors under this Act.
28             (3)  A duly incorporated or  registered  corporation
29        allowed  to do business in Illinois that is authorized by
30        its articles of incorporation to engage in  the  business
31        of  conducting  a  private  security  contractor  agency,
32        provided  at  least  one officer or executive employee is
33        licensed as a private security contractor under this  Act
34        and   all   unlicensed  officers  and  directors  of  the
HB1216 Enrolled             -15-              LRB9005005DPccB
 1        corporation  are  determined  by  the  Department  to  be
 2        persons of good moral character.
 3        No  private  security  contractor  may  be  the   private
 4    security contractor in charge for more than one agency except
 5    for any individual who, on the effective date of this Act, is
 6    currently  and  actively a licensee for more than one agency.
 7    Upon written request by a representative of the agency within
 8    10 days after the loss of a licensee in charge of  an  agency
 9    because  of  the  death  of that individual or because of the
10    unanticipated  termination  of   the   employment   of   that
11    individual,  the  Department  shall  issue a temporary permit
12    allowing the continuing operation of  a  previously  licensed
13    agency.   No temporary permit shall be valid for more than 90
14    days.  An extension of an additional 90 days may  be  granted
15    upon written request by the representative of the agency.  No
16    more  than  2  extensions  may  be granted to any agency.  No
17    temporary permit shall be issued for the loss of the licensee
18    in charge because of disciplinary action by the Department.
19        (h)  Licensed locksmith  agency.   Upon  receipt  of  the
20    required  fee  and  proof  that  the applicant is an Illinois
21    licensed locksmith who shall assume full  responsibility  for
22    the  operation  of the agency and the directed actions of the
23    agency's employees, which is  a  continuing  requirement  for
24    agency   licensure,   the  Department  shall  issue,  without
25    examination, a certificate as a Locksmith Agency  to  any  of
26    the following:
27             (1)  An  individual  who  submits  an application in
28        writing and who is a licensed locksmith under this Act.
29             (2)  A  firm  or   association   that   submits   an
30        application  in  writing  and  certifies  that all of the
31        members  of  the  firm  or   association   are   licensed
32        locksmiths under this Act.
33             (3)  A  duly  incorporated or registered corporation
34        or limited liability company allowed to  do  business  in
HB1216 Enrolled             -16-              LRB9005005DPccB
 1        Illinois   that   is   authorized   by  its  articles  of
 2        incorporation or organization to engage in  the  business
 3        of  conducting a locksmith agency, provided that at least
 4        one officer or executive employee of a corporation or one
 5        member of a limited liability company is  licensed  as  a
 6        locksmith under this Act, and provided that person agrees
 7        in  writing  on  a  form  acceptable to the Department to
 8        assume full  responsibility  for  the  operation  of  the
 9        agency   and   the   directed  actions  of  the  agency's
10        employees,  and  further  provided  that  all  unlicensed
11        officers and directors of the corporation or  members  of
12        the  limited  liability  company  are  determined  by the
13        Department to be persons of good moral character.
14        An  individual  licensed  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.
19        An applicant for licensure as a  locksmith  agency  shall
20    submit  to  the  Department proof of insurance sufficient for
21    the agency's business circumstances.   The  Department  shall
22    promulgate  rules  specifying minimum insurance requirements.
23    This insurance requirement is a  continuing  requirement  for
24    licensure.
25        No  licensed  locksmith  may  be  the  licensed locksmith
26    responsible for the operation of more than one agency  except
27    for  any individual who submits proof to the Department that,
28    on the effective date of this amendatory Act of 1995,  he  or
29    she  is  actively responsible for the operations of more than
30    one agency.  A  licensed  private  alarm  contractor  who  is
31    responsible  for  the  operation  of a licensed private alarm
32    contractor agency and who is a licensed locksmith may also be
33    the licensed locksmith responsible for  the  operation  of  a
34    locksmith agency.
HB1216 Enrolled             -17-              LRB9005005DPccB
 1        Upon  written  request  by  a representative of an agency
 2    within 10 days after  the  loss  of  a  responsible  licensed
 3    locksmith  of  an  agency,  because  of  the  death  of  that
 4    individual or because of the unanticipated termination of the
 5    employment  of  that individual, the Department shall issue a
 6    temporary permit  allowing  the  continuing  operation  of  a
 7    previously  licensed  locksmith  agency.  No temporary permit
 8    shall be valid for more than 90 days.  An  extension  for  an
 9    additional  90 days may be granted by the Department for good
10    cause shown and upon written request by a  representative  of
11    the  agency.  No more than 2 extensions may be granted to any
12    agency.  No temporary permit shall be issued  to  any  agency
13    due  to  the  loss  of  the  responsible locksmith because of
14    disciplinary action by the Department.
15        (i)  Any licensed agency that operates a branch office as
16    defined in this Act shall apply for a branch office license.
17    (Source:  P.A.  88-363;  89-85,  eff.  1-1-96;  89-366,  eff.
18    1-1-96; 89-626, eff. 8-9-96.)

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