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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB1558eng SB1558 Engrossed LRB9212470ACsb 1 AN ACT concerning the regulation of professions. 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, 5 Private Security, and Locksmith Act of 1993 is amended by 6 changing Section 75 as follows: 7 (225 ILCS 446/75) 8 (Section scheduled to be repealed on December 31, 2003) 9 Sec. 75. Qualifications for licensure and agency 10 certification. 11 (a) Private Detective. A person is qualified to receive 12 a license as a private detective if he or she meets all of 13 the following requirements: 14 (1) Is at least 21 years of age. 15 (2) Has not been convicted in any jurisdiction of 16 any felony or at least 10 years have expired from the 17 time of discharge from any sentence imposed for a felony. 18 (3) Is of good moral character. Good character is 19 a continuing requirement of licensure. Conviction of 20 crimes not listed in paragraph (2) of subsection (a) of 21 this Section may be used in determining moral character, 22 but does not operate as an absolute bar to licensure. 23 (4) Has not been declared by any court of competent 24 jurisdiction to be incompetent by reason of mental or 25 physical defect or disease unless a court has since 26 declared him or her to be competent. 27 (5) Is not suffering from habitual drunkenness or 28 from narcotic addiction or dependence. 29 (6) Has a minimum of 3 years experience out of the 30 5 years immediately preceding his or her application 31 working full-time for a licensed private detective agency SB1558 Engrossed -2- LRB9212470ACsb 1 as a registered private detective employee or with 3 2 years experience out of the 5 years immediately preceding 3 his or her application employed as a full-time 4 investigator for a licensed attorney or in a law 5 enforcement agency of a federal or State political 6 subdivision, which shall include a State's Attorney's 7 office or a Public Defender's office, such full-time 8 investigator experience to be approved by the Board and 9 the Department. An applicant who has obtained a 10 baccalaureate degree in police science or a related field 11 or a business degree from an accredited college or 12 university shall be given credit for 2 of the 3 years 13 experience required under this Section. An applicant who 14 has obtained an associate degree in police science or a 15 related field or in business from an accredited college 16 or university shall be given credit for one of the 3 17 years experience required under this Section. 18 (7) Has not been dishonorably discharged from the 19 armed services of the United States. 20 (8) Has successfully passed an examination 21 authorized by the Department. The examination shall 22 include subjects reasonably related to the activities 23 licensed so as to provide for the protection of the 24 health and safety of the public. 25 (9) Has not violated Section 15, 20, or 25 of this 26 Act, but this requirement does not operate as an absolute 27 bar to licensure. 28 It is the responsibility of the applicant to obtain 29 liability insurance in an amount and coverage type 30 appropriate as determined by rule for the applicant's 31 individual business circumstances. The applicant shall 32 provide evidence of insurance to the Department before being 33 issued a license. This insurance requirement is a continuing 34 requirement for licensure. Failure to maintain insurance SB1558 Engrossed -3- LRB9212470ACsb 1 shall result in cancellation of the license by the 2 Department. 3 (b) Private security contractor. A person is qualified 4 to receive a license as a private security contractor if he 5 or she meets all of the following requirements: 6 (1) Is at least 21 years of age. 7 (2) Has not been convicted in any jurisdiction of 8 any felony or at least 10 years have expired from the 9 time of discharge from any sentence imposed for a felony. 10 (3) Is of good moral character. Good moral 11 character is a continuing requirement of licensure. 12 Convictions of crimes not listed in paragraph (2) of 13 subsection (b) of this Section may be used in determining 14 moral character, but do not operate as an absolute bar to 15 licensure. 16 (4) Has not been declared by any court of competent 17 jurisdiction to be incompetent by reason of mental or 18 physical defect or disease unless a court has since 19 declared him or her to be competent. 20 (5) Is not suffering from habitual drunkenness or 21 from narcotic addiction or dependence. 22 (6) Has a minimum of 3 years experience out of the 23 5 years immediately preceding his or her application as a 24 full-time manager or administrator for a licensed private 25 security contractor agency or a manager or administrator 26 of a proprietary security force of 30 or more persons 27 registered with the Department, or with 3 years 28 experience out of the 5 years immediately preceding his 29 or her application as a full-time supervisor in a law 30 enforcement agency of a federal or State political 31 subdivision, which shall include a State's Attorney's 32 office or Public Defender's office, such full-time 33 supervisory experience to be approved by the Board and 34 the Department. An applicant who has obtained a SB1558 Engrossed -4- LRB9212470ACsb 1 baccalaureate degree in police science or a related field 2 or a business degree from an accredited college or 3 university shall be given credit for 2 of the 3 years 4 experience required under this Section. An applicant who 5 has obtained an associate degree in police science or a 6 related field or in business from an accredited college 7 or university shall be given credit for one of the 3 8 years experience required under this Section. 9 (7) Has not been dishonorably discharged from the 10 armed services of the United States. 11 (8) Has successfully passed an examination 12 authorized by the Department. The examination shall 13 include subjects reasonably related to the activities 14 licensed so as to provide for the protection of the 15 health and safety of the public. 16 (9) Has not violated Section 15, 20, or 25 of this 17 Act, but this requirement does not operate as an absolute 18 bar to licensure. 19 It is the responsibility of the applicant to obtain 20 liability insurance in amount and coverage type appropriate 21 as determined by rule for the applicant's individual business 22 circumstances. The applicant shall provide evidence of 23 insurance to the Department before being issued a license. 24 This insurance requirement is a continuing requirement for 25 licensure. Failure to maintain insurance shall result in 26 cancellation of the license by the Department. 27 (c) Private alarm contractor. A person is qualified to 28 receive a license as a private alarm contractor if he or she 29 meets all of the following requirements: 30 (1) Is at least 21 years of age. 31 (2) Has not been convicted in any jurisdiction of 32 any felony or at least 10 years have expired from the 33 time of discharge from any sentence imposed for a felony. 34 (3) Is of good moral character. Good moral SB1558 Engrossed -5- LRB9212470ACsb 1 character is a continuing requirement of licensure. 2 Convictions of crimes not listed in paragraph (2) of 3 subsection (c) of this Section may be used in determining 4 moral character, but do not operate as an absolute bar to 5 licensure. 6 (4) Has not been declared by any court of competent 7 jurisdiction to be incompetent by reason of mental or 8 physical defect or disease unless a court has since 9 declared him or her to be competent. 10 (5) Is not suffering from habitual drunkenness or 11 from narcotic addiction or dependence. 12 (6) Has not been dishonorably discharged from the 13 armed services of the United States. 14 (7) Has a minimum of 3 years experience out of the 15 5 years immediately preceding application as a full time 16 manager or administrator for an agency licensed as a 17 private alarm contractor agency, or for an entity that 18 designs, sells, installs, services, or monitors alarm 19 systems which in the judgment of the Board satisfies 20 standards of alarm industry competence. An individual 21 who has received a 4 year degree in electrical 22 engineering or a related field from a program approved by 23 the Board shall be given credit for 2 years of experience 24 under this item (7). An individual who has successfully 25 completed a national certification program approved by 26 the Board shall be given credit for one year of 27 experience under this item (7). 28 (8) Has successfully passed an examination 29 authorized by the Department. The examination shall 30 include subjects reasonably related to the activities 31 licensed so as to provide for the protection of the 32 health and safety of the public. 33 (9) Has not violated Section 15, 20, or 25 of this 34 Act, but this requirement does not operate as an absolute SB1558 Engrossed -6- LRB9212470ACsb 1 bar to licensure. 2 It is the responsibility of the applicant to obtain 3 liability insurance in an amount and coverage type 4 appropriate as determined by rule for the applicant's 5 individual business circumstances. The applicant shall 6 provide evidence of insurance to the Department before being 7 issued a license. This insurance requirement is a continuing 8 requirement for licensure. Failure to maintain insurance 9 shall result in cancellation of the license by the 10 Department. 11 Alternatively, a person is qualified to receive a license 12 as a private alarm contractor without meeting the 13 requirements of items (7), (8), and (9) of this subsection, 14 if he or she: 15 (i) applies for a license between September 2, 2002 16July 1, 2000and September 5, 2002August 31, 2000, in 17 writing, on forms supplied by the Department; 18 (ii) provides proof to the Department that he or 19 she was engaged in the alarm contracting business on or 20 before July 1, 1975January 1, 1984; 21 (iii) submits the photographs, fingerprints, proof 22 of insurance, and current license fee required by the 23 Department;and24 (iv) has not violated Section 25 of this Act; and.25 (v) has held a Permanent Employee Registration Card 26 for a minimum of 12 months. 27 (d) Locksmith. A person is qualified to receive a 28 license as a locksmith if he or she meets all of the 29 following requirements: 30 (1) Is at least 18 years of age. 31 (2) Has not violated any provisions of Section 120 32 of this Act. 33 (3) Has not been convicted in any jurisdiction of 34 any felony or at least 10 years have expired from the SB1558 Engrossed -7- LRB9212470ACsb 1 time of discharge from any sentence imposed for a felony. 2 (4) Is of good moral character. Good moral 3 character is a continuing requirement of licensure. 4 Convictions of crimes not listed in paragraph (3) of 5 subsection (d) of this Section may be used in determining 6 moral character, but do not operate as an absolute bar to 7 licensure. 8 (5) Has not been declared by any court of competent 9 jurisdiction to be incompetent by reason of mental or 10 physical defect or disease unless a court has since 11 declared him or her to be competent. 12 (6) Is not suffering from habitual drunkenness or 13 from narcotic addiction or dependence. 14 (7) Has not been dishonorably discharged from the 15 armed services of the United States. 16 (8) Has passed an examination authorized by the 17 Department in the theory and practice of the profession. 18 (9) Has submitted to the Department proof of 19 insurance sufficient for the individual's business 20 circumstances. The Department, with input from the 21 Board, shall promulgate rules specifying minimum 22 insurance requirements. This insurance requirement is a 23 continuing requirement for licensure. Failure to 24 maintain insurance shall result in the cancellation of 25 the license by the Department. A locksmith employed by a 26 licensed locksmith agency or employed by a private 27 concern may provide proof that his or her actions as a 28 locksmith are covered by the insurance of his or her 29 employer. 30 (e) Private detective agency. Upon payment of the 31 required fee and proof that the applicant has a full-time 32 Illinois licensed private detective in charge, which is a 33 continuing requirement for agency certification, the 34 Department shall issue, without examination, a certificate as SB1558 Engrossed -8- LRB9212470ACsb 1 a private detective agency to any of the following: 2 (1) An individual who submits an application in 3 writing and who is a licensed private detective under 4 this Act. 5 (2) A firm or association that submits an 6 application in writing and all of the members of the firm 7 or association are licensed private detectives under this 8 Act. 9 (3) A duly incorporated or registered corporation 10 allowed to do business in Illinois that is authorized by 11 its articles of incorporation to engage in the business 12 of conducting a detective agency, provided at least one 13 officer or executive employee is licensed as a private 14 detective under this Act and all unlicensed officers and 15 directors of the corporation are determined by the 16 Department to be persons of good moral character. 17 No private detective may be the private detective in 18 charge for more than one agency. Upon written request by a 19 representative of an agency within 10 days after the loss of 20 a licensee in charge of an agency because of the death of 21 that individual or because of an unanticipated termination of 22 the employment of that individual, the Department shall issue 23 a temporary permit allowing the continuing operation of a 24 previously licensed agency. No temporary permit shall be 25 valid for more than 90 days. An extension of an additional 26 90 days may be granted by the Department for good cause shown 27 upon written request by the representative of the agency. No 28 more than 2 extensions may be granted to any agency. No 29 temporary permit shall be issued for the loss of the 30 detective in charge because of disciplinary action by the 31 Department. 32 (f) Private alarm contractor agency. Upon receipt of 33 the required fee and proof that the applicant has a full-time 34 Illinois licensed private alarm contractor in charge, which SB1558 Engrossed -9- LRB9212470ACsb 1 is a continuing requirement for agency certification, the 2 Department shall issue, without examination, a certificate as 3 a private alarm contractor agency to any of the following: 4 (1) An individual who submits an application in 5 writing and who is a licensed private alarm contractor 6 under this Act. 7 (2) A firm or association that submits an 8 application in writing that all of the members of the 9 firm or association are licensed private alarm 10 contractors under this Act. 11 (3) A duly incorporated or registered corporation 12 allowed to do business in Illinois that is authorized by 13 its articles of incorporation to engage in the business 14 of conducting a private alarm contractor agency, provided 15 at least one officer or executive employee is licensed as 16 a private alarm contractor under this Act and all 17 unlicensed officers and directors of the corporation are 18 determined by the Department to be persons of good moral 19 character. 20 No private alarm contractor may be the private alarm 21 contractor in charge for more than one agency. Upon written 22 request by a representative of an agency within 10 days after 23 the loss of a licensed private alarm contractor in charge of 24 an agency because of the death of that individual or because 25 of the unanticipated termination of the employment of that 26 individual, the Department shall issue a temporary permit 27 allowing the continuing operation of a previously licensed 28 agency. No temporary permit shall be valid for more than 90 29 days. An extension of an additional 90 days may be granted 30 by the Department for good cause shown and upon written 31 request by the representative of the agency. No more than 2 32 extensions may be granted to any agency. No temporary permit 33 shall be issued for the loss of the licensee in charge 34 because of disciplinary action by the Department. SB1558 Engrossed -10- LRB9212470ACsb 1 (g) Private security contractor agency. Upon receipt of 2 the required fee and proof that the applicant has a full-time 3 Illinois licensed private security contractor in charge, 4 which is continuing requirement for agency certification, the 5 Department shall issue, without examination, a certificate as 6 a private security contractor agency to any of the following: 7 (1) An individual who submits an application in 8 writing and who is a licensed private security contractor 9 under this Act. 10 (2) A firm or association that submits an 11 application in writing that all of the members are 12 licensed private security contractors under this Act. 13 (3) A duly incorporated or registered corporation 14 allowed to do business in Illinois that is authorized by 15 its articles of incorporation to engage in the business 16 of conducting a private security contractor agency, 17 provided at least one officer or executive employee is 18 licensed as a private security contractor under this Act 19 and all unlicensed officers and directors of the 20 corporation are determined by the Department to be 21 persons of good moral character. 22 No private security contractor may be the private 23 security contractor in charge for more than one agency. Upon 24 written request by a representative of the agency within 10 25 days after the loss of a licensee in charge of an agency 26 because of the death of that individual or because of the 27 unanticipated termination of the employment of that 28 individual, the Department shall issue a temporary permit 29 allowing the continuing operation of a previously licensed 30 agency. No temporary permit shall be valid for more than 90 31 days. An extension of an additional 90 days may be granted 32 upon written request by the representative of the agency. No 33 more than 2 extensions may be granted to any agency. No 34 temporary permit shall be issued for the loss of the licensee SB1558 Engrossed -11- LRB9212470ACsb 1 in charge because of disciplinary action by the Department. 2 (h) Licensed locksmith agency. Upon receipt of the 3 required fee and proof that the applicant is an Illinois 4 licensed locksmith who shall assume full responsibility for 5 the operation of the agency and the directed actions of the 6 agency's employees, which is a continuing requirement for 7 agency licensure, the Department shall issue, without 8 examination, a certificate as a Locksmith Agency to any of 9 the following: 10 (1) An individual who submits an application in 11 writing and who is a licensed locksmith under this Act. 12 (2) A firm or association that submits an 13 application in writing and certifies that all of the 14 members of the firm or association are licensed 15 locksmiths under this Act. 16 (3) A duly incorporated or registered corporation 17 or limited liability company allowed to do business in 18 Illinois that is authorized by its articles of 19 incorporation or organization to engage in the business 20 of conducting a locksmith agency, provided that at least 21 one officer or executive employee of a corporation or one 22 member of a limited liability company is licensed as a 23 locksmith under this Act, and provided that person agrees 24 in writing on a form acceptable to the Department to 25 assume full responsibility for the operation of the 26 agency and the directed actions of the agency's 27 employees, and further provided that all unlicensed 28 officers and directors of the corporation or members of 29 the limited liability company are determined by the 30 Department to be persons of good moral character. 31 An individual licensed locksmith operating under a 32 business name other than the licensed locksmith's own name 33 shall not be required to obtain a locksmith agency license if 34 that licensed locksmith does not employ any persons to engage SB1558 Engrossed -12- LRB9212470ACsb 1 in the practice of locksmithing. 2 An applicant for licensure as a locksmith agency shall 3 submit to the Department proof of insurance sufficient for 4 the agency's business circumstances. The Department shall 5 promulgate rules specifying minimum insurance requirements. 6 This insurance requirement is a continuing requirement for 7 licensure. 8 No licensed locksmith may be the licensed locksmith 9 responsible for the operation of more than one agency except 10 for any individual who submits proof to the Department that, 11 on the effective date of this amendatory Act of 1995, he or 12 she is actively responsible for the operations of more than 13 one agency. A licensed private alarm contractor who is 14 responsible for the operation of a licensed private alarm 15 contractor agency and who is a licensed locksmith may also be 16 the licensed locksmith responsible for the operation of a 17 locksmith agency. 18 Upon written request by a representative of an agency 19 within 10 days after the loss of a responsible licensed 20 locksmith of an agency, because of the death of that 21 individual or because of the unanticipated termination of the 22 employment of that individual, the Department shall issue a 23 temporary permit allowing the continuing operation of a 24 previously licensed locksmith agency. No temporary permit 25 shall be valid for more than 90 days. An extension for an 26 additional 90 days may be granted by the Department for good 27 cause shown and upon written request by a representative of 28 the agency. No more than 2 extensions may be granted to any 29 agency. No temporary permit shall be issued to any agency 30 due to the loss of the responsible locksmith because of 31 disciplinary action by the Department. 32 (i) Proprietary Security Force. All commercial or 33 industrial operations that employ 5 or more persons as armed 34 security guards and all financial institutions that employ SB1558 Engrossed -13- LRB9212470ACsb 1 armed security guards shall register their security forces 2 with the Department on forms provided by the Department. 3 All armed security guard employees of the registered 4 proprietary security force shall be required to complete a 5 20-hour basic training course and 20-hour firearm training 6 course in accordance with administrative rules. 7 Each proprietary security force shall be required to 8 apply to the Department, on forms supplied by the Department, 9 for the issuance of a firearm authorization card, in 10 accordance with administrative rules, for each armed employee 11 of the security force. 12 The Department shall prescribe rules for the 13 administration of this Section. 14 (j) Any licensed agency that operates a branch office as 15 defined in this Act shall apply for a branch office license. 16 (Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98; 17 90-602, eff. 6-26-98; 91-357, eff. 7-29-99; 91-815, eff. 18 6-13-00.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.