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90_HB1216sam001
LRB9005005DPcwam01
1 AMENDMENT TO HOUSE BILL 1216
2 AMENDMENT NO. . Amend House Bill 1216 on page 1, in
3 lines 3 and 8, by replacing "Sections 30 and 105", each time
4 it appears, with "Sections 30 and 75"; and
5 on page 6, immediately below line 6, by inserting the
6 following:
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
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1 jurisdiction to be incompetent by reason of mental or
2 physical defect or disease unless a court has since
3 declared him or her to be competent.
4 (5) Is not suffering from habitual drunkenness or
5 from narcotic addiction or dependence.
6 (6) Has a minimum of 3 years experience out of the
7 5 years immediately preceding his or her application
8 working full-time for a licensed private detective agency
9 as a registered private detective employee or with 3
10 years experience out of the 5 years immediately preceding
11 his or her application employed as a full-time
12 investigator in a law enforcement agency of a federal or
13 State political subdivision, approved by the Board and
14 the Department; or an applicant who has obtained a
15 baccalaureate degree in police science or a related field
16 or a business degree from an accredited college or
17 university shall be given credit for 2 of the 3 years
18 experience required under this Section. An applicant who
19 has obtained an associate degree in police science or a
20 related field or in business from an accredited college
21 or university shall be given credit for one of the 3
22 years experience required under this Section.
23 (7) Has not been dishonorably discharged from the
24 armed services of the United States.
25 (8) Has successfully passed an examination
26 authorized by the Department. The examination shall
27 include subjects reasonably related to the activities
28 licensed so as to provide for the protection of the
29 health and safety of the public.
30 (9) Has not violated Section 15, 20, or 25 of this
31 Act, but this requirement does not operate as an absolute
32 bar to licensure.
33 It is the responsibility of the applicant to obtain
34 liability insurance in an amount and coverage type
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1 appropriate as determined by rule for the applicant's
2 individual business circumstances. The applicant shall
3 provide evidence of insurance to the Department before being
4 issued a license. This insurance requirement is a continuing
5 requirement for licensure. Failure to maintain insurance
6 shall result in cancellation of the license by the
7 Department.
8 (b) Private security contractor. A person is qualified
9 to receive a license as a private security contractor if he
10 or she meets all of the following requirements:
11 (1) Is at least 21 years of age.
12 (2) Has not been convicted in any jurisdiction of
13 any felony or at least 10 years have expired from the
14 time of discharge from any sentence imposed for a felony.
15 (3) Is of good moral character. Good moral
16 character is a continuing requirement of licensure.
17 Convictions of crimes not listed in paragraph (2) of
18 subsection (b) of this Section may be used in determining
19 moral character, but do not operate as an absolute bar to
20 licensure.
21 (4) Has not been declared by any court of competent
22 jurisdiction to be incompetent by reason of mental or
23 physical defect or disease unless a court has since
24 declared him or her to be competent.
25 (5) Is not suffering from habitual drunkenness or
26 from narcotic addiction or dependence.
27 (6) Has a minimum of 3 years experience out of the
28 5 years immediately preceding his or her application as a
29 full-time manager or administrator for a licensed private
30 security contractor agency or a manager or administrator
31 of a proprietary security force of 30 or more persons
32 registered with the Department, or with 3 years
33 experience out of the 5 years immediately preceding his
34 or her application as a full-time supervisor in a law
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1 enforcement agency of a federal or State political
2 subdivision, approved by the Board and the Department; or
3 an applicant who has obtained a baccalaureate degree in
4 police science or a related field or a business degree
5 from an accredited college or university shall be given
6 credit for 2 of the 3 years experience required under
7 this Section. An applicant who has obtained an associate
8 degree in police science or a related field or in
9 business from an accredited college or university shall
10 be given credit for one of the 3 years experience
11 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 (10) It is the responsibility of the applicant to
23 obtain liability insurance in 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
27 being issued a license. This insurance requirement is a
28 continuing requirement for licensure. Failure to
29 maintain insurance shall result in cancellation of the
30 license by the Department.
31 (c) Private alarm contractor. A person is qualified to
32 receive a license as a private alarm contractor if he or she
33 meets all of the following requirements:
34 (1) Is at least 21 years of age.
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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 (c) 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 not been dishonorably discharged from the
17 armed services of the United States.
18 (7) Has a minimum of 3 years experience out of the
19 5 years immediately preceding application as a full time
20 manager or administrator for an agency licensed as a
21 private alarm contractor agency, or for an entity that
22 designs, sells, installs, services, or monitors alarm
23 systems which in the judgment of the Board satisfies
24 standards of alarm industry competence. An individual who
25 has received a 4 year degree in electrical engineering or
26 a related field from a program approved by the Board
27 shall be given credit for 2 years of experience under
28 this item (7). An individual who has successfully
29 completed a national certification program approved by
30 the Board shall be given credit for one year of
31 experience under this item (7).
32 (8) Has successfully passed an examination
33 authorized by the Department. The examination shall
34 include subjects reasonably related to the activities
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1 licensed so as to provide for the protection of the
2 health and safety of the public.
3 (9) Has not violated Section 15, 20, or 25 of this
4 Act, but this requirement does not operate as an absolute
5 bar to licensure.
6 (10) It is the responsibility of the applicant to
7 obtain liability insurance in an amount and coverage type
8 appropriate as determined by rule for the applicant's
9 individual business circumstances. The applicant shall
10 provide evidence of insurance to the Department before
11 being issued a license. This insurance requirement is a
12 continuing requirement for licensure. Failure to
13 maintain insurance shall result in cancellation of the
14 license by the Department.
15 (d) Locksmith. A person is qualified to receive a
16 license as a locksmith if he or she meets all of the
17 following requirements:
18 (1) Is at least 18 years of age.
19 (2) Has not violated any provisions of Section 120
20 of this Act.
21 (3) Has not been convicted in any jurisdiction of
22 any felony or at least 10 years have expired from the
23 time of discharge from any sentence imposed for a felony.
24 (4) Is of good moral character. Good moral
25 character is a continuing requirement of licensure.
26 Convictions of crimes not listed in paragraph (3) of
27 subsection (d) of this Section may be used in determining
28 moral character, but do not operate as an absolute bar to
29 licensure.
30 (5) Has not been declared by any court of competent
31 jurisdiction to be incompetent by reason of mental or
32 physical defect or disease unless a court has since
33 declared him or her to be competent.
34 (6) Is not suffering from habitual drunkenness or
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1 from narcotic addiction or dependence.
2 (7) Has not been dishonorably discharged from the
3 armed services of the United States.
4 (8) Has passed an examination authorized by the
5 Department in the theory and practice of the profession.
6 (9) Has submitted to the Department proof of
7 insurance sufficient for the individual's business
8 circumstances. The Department, with input from the
9 Board, shall promulgate rules specifying minimum
10 insurance requirements. This insurance requirement is a
11 continuing requirement for licensure. Failure to
12 maintain insurance shall result in the cancellation of
13 the license by the Department. A locksmith employed by a
14 licensed locksmith agency or employed by a private
15 concern may provide proof that his or her actions as a
16 locksmith are covered by the insurance of his or her
17 employer.
18 (e) Private detective agency. Upon payment of the
19 required fee and proof that the applicant has a full-time
20 Illinois licensed private detective in charge, which is a
21 continuing requirement for agency certification, the
22 Department shall issue, without examination, a certificate as
23 a private detective agency to any of the following:
24 (1) An individual who submits an application in
25 writing and who is a licensed private detective under
26 this Act.
27 (2) A firm or association that submits an
28 application in writing and all of the members of the firm
29 or association are licensed private detectives under this
30 Act.
31 (3) A duly incorporated or registered corporation
32 allowed to do business in Illinois that is authorized by
33 its articles of incorporation to engage in the business
34 of conducting a detective agency, provided at least one
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1 officer or executive employee is licensed as a private
2 detective under this Act and all unlicensed officers and
3 directors of the corporation are determined by the
4 Department to be persons of good moral character.
5 No private detective may be the private detective in
6 charge for more than one agency except for an individual who,
7 on the effective date of this Act, is currently and actively
8 a licensee for more than one agency. Upon written request by
9 a representative of an agency within 10 days after the loss
10 of a licensee in charge of an agency because of the death of
11 that individual or because of an unanticipated termination of
12 the employment of that individual, the Department shall issue
13 a temporary permit allowing the continuing operation of a
14 previously licensed agency. No temporary permit shall be
15 valid for more than 90 days. An extension of an additional
16 90 days may be granted by the Department for good cause shown
17 upon written request by the representative of the agency. No
18 more than 2 extensions may be granted to any agency. No
19 temporary permit shall be issued for the loss of the
20 detective in charge because of disciplinary action by the
21 Department.
22 (f) Private alarm contractor agency. Upon receipt of
23 the required fee and proof that the applicant has a full-time
24 Illinois licensed private alarm contractor in charge, which
25 is a continuing requirement for agency certification, the
26 Department shall issue, without examination, a certificate as
27 a private alarm contractor agency to any of the following:
28 (1) An individual who submits an application in
29 writing and who is a licensed private alarm contractor
30 under this Act.
31 (2) A firm or association that submits an
32 application in writing that all of the members of the
33 firm or association are licensed private alarm
34 contractors under this Act.
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1 (3) A duly incorporated or registered corporation
2 allowed to do business in Illinois that is authorized by
3 its articles of incorporation to engage in the business
4 of conducting a private alarm contractor agency, provided
5 at least one officer or executive employee is licensed as
6 a private alarm contractor under this Act and all
7 unlicensed officers and directors of the corporation are
8 determined by the Department to be persons of good moral
9 character.
10 No private alarm contractor may be the private alarm
11 contractor in charge for more than one agency except for any
12 individual who, on the effective date of this Act, is
13 currently and actively a licensee for more than one agency.
14 Upon written request by a representative of an agency within
15 10 days after the loss of a licensed private alarm contractor
16 in charge of an agency because of the death of that
17 individual or because of the unanticipated termination of the
18 employment of that individual, the Department shall issue a
19 temporary permit allowing the continuing operation of a
20 previously licensed agency. No temporary permit shall be
21 valid for more than 90 days. An extension of an additional
22 90 days may be granted by the Department for good cause shown
23 and upon written request by the representative of the agency.
24 No more than 2 extensions may be granted to any agency. No
25 temporary permit shall be issued for the loss of the licensee
26 in charge because of disciplinary action by the Department.
27 (g) Private security contractor agency. Upon receipt of
28 the required fee and proof that the applicant has a full-time
29 Illinois licensed private security contractor in charge,
30 which is continuing requirement for agency certification, the
31 Department shall issue, without examination, a certificate as
32 a private security contractor agency to any of the following:
33 (1) An individual who submits an application in
34 writing and who is a licensed private security contractor
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1 under this Act.
2 (2) A firm or association that submits an
3 application in writing that all of the members are
4 licensed private security contractors under this Act.
5 (3) A duly incorporated or registered corporation
6 allowed to do business in Illinois that is authorized by
7 its articles of incorporation to engage in the business
8 of conducting a private security contractor agency,
9 provided at least one officer or executive employee is
10 licensed as a private security contractor under this Act
11 and all unlicensed officers and directors of the
12 corporation are determined by the Department to be
13 persons of good moral character.
14 No private security contractor may be the private
15 security contractor in charge for more than one agency except
16 for any individual who, on the effective date of this Act, is
17 currently and actively a licensee for more than one agency.
18 Upon written request by a representative of the agency within
19 10 days after the loss of a licensee in charge of an agency
20 because of the death of that individual or because of the
21 unanticipated termination of the employment of that
22 individual, the Department shall issue a temporary permit
23 allowing the continuing operation of a previously licensed
24 agency. No temporary permit shall be valid for more than 90
25 days. An extension of an additional 90 days may be granted
26 upon written request by the representative of the agency. No
27 more than 2 extensions may be granted to any agency. No
28 temporary permit shall be issued for the loss of the licensee
29 in charge because of disciplinary action by the Department.
30 (h) Licensed locksmith agency. Upon receipt of the
31 required fee and proof that the applicant is an Illinois
32 licensed locksmith who shall assume full responsibility for
33 the operation of the agency and the directed actions of the
34 agency's employees, which is a continuing requirement for
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1 agency licensure, the Department shall issue, without
2 examination, a certificate as a Locksmith Agency to any of
3 the following:
4 (1) An individual who submits an application in
5 writing and who is a licensed locksmith under this Act.
6 (2) A firm or association that submits an
7 application in writing and certifies that all of the
8 members of the firm or association are licensed
9 locksmiths under this Act.
10 (3) A duly incorporated or registered corporation
11 or limited liability company allowed to do business in
12 Illinois that is authorized by its articles of
13 incorporation or organization to engage in the business
14 of conducting a locksmith agency, provided that at least
15 one officer or executive employee of a corporation or one
16 member of a limited liability company is licensed as a
17 locksmith under this Act, and provided that person agrees
18 in writing on a form acceptable to the Department to
19 assume full responsibility for the operation of the
20 agency and the directed actions of the agency's
21 employees, and further provided that all unlicensed
22 officers and directors of the corporation or members of
23 the limited liability company are determined by the
24 Department to be persons of good moral character.
25 An individual licensed locksmith operating under a
26 business name other than the licensed locksmith's own name
27 shall not be required to obtain a locksmith agency license if
28 that licensed locksmith does not employ any persons to engage
29 in the practice of locksmithing.
30 An applicant for licensure as a locksmith agency shall
31 submit to the Department proof of insurance sufficient for
32 the agency's business circumstances. The Department shall
33 promulgate rules specifying minimum insurance requirements.
34 This insurance requirement is a continuing requirement for
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1 licensure.
2 No licensed locksmith may be the licensed locksmith
3 responsible for the operation of more than one agency except
4 for any individual who submits proof to the Department that,
5 on the effective date of this amendatory Act of 1995, he or
6 she is actively responsible for the operations of more than
7 one agency. A licensed private alarm contractor who is
8 responsible for the operation of a licensed private alarm
9 contractor agency and who is a licensed locksmith may also be
10 the licensed locksmith responsible for the operation of a
11 locksmith agency.
12 Upon written request by a representative of an agency
13 within 10 days after the loss of a responsible licensed
14 locksmith of an agency, because of the death of that
15 individual or because of the unanticipated termination of the
16 employment of that individual, the Department shall issue a
17 temporary permit allowing the continuing operation of a
18 previously licensed locksmith agency. No temporary permit
19 shall be valid for more than 90 days. An extension for an
20 additional 90 days may be granted by the Department for good
21 cause shown and upon written request by a representative of
22 the agency. No more than 2 extensions may be granted to any
23 agency. No temporary permit shall be issued to any agency
24 due to the loss of the responsible locksmith because of
25 disciplinary action by the Department.
26 (i) Any licensed agency that operates a branch office as
27 defined in this Act shall apply for a branch office license.
28 (Source: P.A. 88-363; 89-85, eff. 1-1-96; 89-366, eff.
29 1-1-96; 89-626, eff. 8-9-96.)"; and
30 on page 6, by deleting lines 7 through 33; and
31 by deleting all of pages 7 through 9.