Public Act 90-0580 of the 90th General Assembly
Public Act 90-0580
HB2590 Enrolled LRB9008985NTsb
AN ACT regulating professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Regulatory Agency Sunset Act is amended
by changing Sections 1, 2, 3, 4, 5, 6, and 7 as follows:
(5 ILCS 80/1) (from Ch. 127, par. 1901)
Sec. 1. This Act shall be known and may be cited as the
"Regulatory Agency Sunset Act".
(Source: P.A. 81-999.)
(5 ILCS 80/2) (from Ch. 127, par. 1902)
Sec. 2. Findings and intent.
(a) The General Assembly finds that State government
actions have produced a substantial increase in numbers of
agencies, growth of programs and proliferation of rules and
regulations and that the whole process developed without
sufficient legislative oversight, regulatory accountability
or a system of checks and balances. The General Assembly
further finds that by establishing a system for the
termination or continuation of such agencies and programs, it
will be in a better position to evaluate the need for the
continued existence of present and future regulatory bodies.
(b) It is the intent of the General Assembly:
(1) That no profession, occupation, business,
industry or trade shall be subject to the State's
regulatory power unless the exercise of such power is
necessary to protect the public health, safety or welfare
from significant and discernible harm or damage. The
exercise of the State's police power shall be done only
to the extent necessary for that purpose.
(2) That the State shall not regulate a profession,
occupation, industry, business or trade in a manner which
will unreasonably and adversely affect the competitive
market.
(3) To provide systematic legislative review of the
need for, and public benefits derived from, a program or
function that which licenses or otherwise regulates the
initial entry into a profession, occupation, business,
industry or trade by a periodic review and termination,
modification, or continuation of those such programs and
functions.
(Source: P.A. 81-999.)
(5 ILCS 80/3) (from Ch. 127, par. 1903)
Sec. 3. Definitions. As used in this Act, unless the
context clearly requires otherwise:,
"Regulatory agency" or "agency" means any arm, branch,
department, board, committee or commission of State
government that licenses, supervises, exercises control over,
or issues rules regarding, or otherwise regulates any trade,
occupation, business, industry or profession.
"Program" means a system to license or otherwise regulate
the initial entry into a profession, occupation, business,
industry, or trade by a periodic review and termination,
modification, or continuation of the profession, occupation,
business, industry, or trade.
(Source: P.A. 81-999.)
(5 ILCS 80/4) (from Ch. 127, par. 1904)
Sec. 4. Repealers. Each Act listed in the Sections
following this Section and preceding Section 5 is repealed on
the date indicated, unless prior to that date the General
Assembly enacts legislation providing for the continuation of
the agency or program affected by the repealer.
(Source: P.A. 88-670, eff. 12-2-94.)
(5 ILCS 80/5) (from Ch. 127, par. 1905)
Sec. 5. Study and report. The Bureau of the Budget
shall study the performance of each regulatory agency and
program scheduled for termination under this Act and report
annually to the Governor the results of such study, including
in the report recommendations with respect to those agencies
and programs the Bureau of the Budget determines should be
terminated or continued by the State. The Governor shall
review the report of the Bureau of the Budget and in each
even-numbered year make recommendations to the General
Assembly on the termination or continuation of regulatory
agencies and programs. The Governor's recommendations shall
be made a part of the State budget submitted to the General
Assembly in even-numbered years.
(Source: P.A. 81-999.)
(5 ILCS 80/6) (from Ch. 127, par. 1906)
Sec. 6. Factors to be studied. In conducting the study
required under Section 5, the Bureau of the Budget shall
consider, but is not limited to consideration of, the
following factors in determining whether an agency or program
should be recommended for termination or continuation:
(1) The extent to which the agency or program has
permitted qualified applicants to serve the public;
(2) The extent to which the trade, business,
profession, occupation or industry being regulated is
being administered in a nondiscriminatory manner both in
terms of employment and the rendering of services;
(3) The extent to which the regulatory agency or
program has operated in the public interest, and the
extent to which its operation has been impeded or
enhanced by existing statutes, procedures, and practices
of any other department of State government, and any
other circumstances, including budgetary, resource, and
personnel matters;
(4) The extent to which the agency running the
program has recommended statutory changes to the General
Assembly that which would benefit the public as opposed
to the persons it regulates;
(5) The extent to which the agency or program has
required the persons it regulates to report to it
concerning the impact of rules and decisions of the
agency or the impact of the program on the public
regarding improved service, economy of service, and
availability of service;
(6) The extent to which persons regulated by the
agency or under the program have been required to assess
problems in their industry that which affect the public;
(7) The extent to which the agency or program has
encouraged participation by the public in making its
rules and decisions as opposed to participation solely by
the persons it regulates and the extent to which such
rules and decisions are consistent with statutory
authority;
(8) The efficiency with which formal public
complaints filed with the regulatory agency or under the
program concerning persons subject to regulation have
been processed to completion, by the executive director
of the regulatory agencies or programs, by the Attorney
General and by any other applicable department of State
government; and
(9) The extent to which changes are necessary in
the enabling laws of the agency or program to adequately
comply with the factors listed in this Section.
(Source: P.A. 81-999.)
(5 ILCS 80/7) (from Ch. 127, par. 1907)
Sec. 7. Additional criteria. In determining whether to
recommend to the General Assembly under Section 5 the
continuation of a regulatory agency or program or any
function thereof, the Governor shall also consider the
following criteria:
(1) whether the absence of regulation would
significantly harm or endanger the public health, safety or
welfare;
(2) whether there is a reasonable relationship between
the exercise of the State's police power and the protection
of the public health, safety or welfare;
(3) whether there is another less restrictive method of
regulation available which could adequately protect the
public;
(4) whether the regulation has the effect of directly or
indirectly increasing the costs of any goods or services
involved, and if so, to what degree;
(5) whether the increase in cost is more harmful to the
public than the harm which could result from the absence of
regulation; and
(6) whether all facets of the regulatory process are
designed solely for the purpose of, and have as their primary
affect, the protection of the public.
(Source: P.A. 81-999.)
(5 ILCS 80/4.1 rep.)
(5 ILCS 80/4.2 rep.)
(5 ILCS 80/4.3 rep.)
(5 ILCS 80/4.4 rep.)
(5 ILCS 80/4.4A rep.)
(5 ILCS 80/4.5 rep.)
(5 ILCS 80/4.6 rep.)
(5 ILCS 80/4.9 rep.)
(5 ILCS 80/13 rep.)
Section 3. The Regulatory Agency Sunset Act is amended
by repealing Sections 4.1, 4.2, 4.3, 4.4, 4.4A, 4.5, 4.6,
4.9, and 13.
Section 5. The Illinois Physical Therapy Act is amended
by changing Section 2 as follows:
(225 ILCS 90/2) (from Ch. 111, par. 4252)
Sec. 2. Licensure requirement; exempt activities.
Practice without a license forbidden - exception. No person
shall after the date of August 31, 1965 begin to practice
physical therapy in this State or hold himself out as being
able to practice this profession, unless he is licensed as
such in accordance with the provisions of this Act. After the
effective date of this amendatory Act of 1990, no person
shall practice or hold himself out as a physical therapist
assistant unless he is licensed as such under this Act.
This Act does not prohibit:
(1) Any person licensed in this State under any
other Act from engaging in the practice for which he is
licensed.
(2) The practice of physical therapy by those
persons, practicing under the supervision of a licensed
physical therapist and who have met all of the
qualifications as provided in Sections 7, 8.1, and 9 of
this Act, until the next examination is given for
physical therapists or physical therapist assistants and
the results have been received by the Department and the
Department has determined the applicant's eligibility for
a license. Anyone failing to pass said examination shall
not again practice physical therapy until such time as an
examination has been successfully passed by such person.
(3) The practice of physical therapy for a period
not exceeding 6 months by a person who is in this State
on a temporary basis to assist in a case of medical
emergency or to engage in a special physical therapy
project, and who meets the qualifications for a physical
therapist as set forth in Sections 7 and 8 of this Act
and is licensed in another state as a physical therapist.
(4) Practice of physical therapy by qualified
persons who have filed for endorsement for no longer than
one year or until such time that notification of
licensure has been granted or denied, whichever period of
time is lesser.
(5) One or more licensed physical therapists from
forming a professional service corporation under the
provisions of the "Professional Service Corporation Act",
approved September 15, 1969, as now or hereafter amended,
and licensing such corporation for the practice of
physical therapy.
(6) Physical therapy aides from performing patient
care activities under the on-site supervision of a
licensed physical therapist or licensed physical
therapist assistant. These patient care activities shall
not include interpretation of referrals, evaluation
procedures, the planning of or major modifications of,
patient programs.
(7) Physical Therapist Assistants from performing
patient care activities under the general supervision of
a licensed physical therapist. The physical therapist
must maintain continual contact with the physical
therapist assistant including periodic personal
supervision and instruction to insure the safety and
welfare of the patient.
(8) The practice of physical therapy by a physical
therapy student or a physical therapist assistant student
under the on-site direct personal supervision of a
licensed physical therapist. The physical therapist
shall be readily available for direct supervision and
instruction to insure the safety and welfare of the
patient.
(9) The practice of physical therapy as part of an
educational program by a physical therapist licensed in
another state or country for a period not to exceed 6
months.
(Source: P.A. 86-1396.)
Section 10. The Professional Boxing and Wrestling Act is
amended by changing Section 13 as follows:
(225 ILCS 105/13) (from Ch. 111, par. 5013)
Sec. 13. Tickets to athletic events, other than an
athletic event conducted at premises with an indoor seating
capacity of more than 17,000, shall be printed in such form
as the Department shall prescribe. A sworn inventory of all
tickets printed for any event shall be mailed to the
Department by the printer not less than 7 days before the
event, and a sworn inventory of all tickets printed for any
event shall be sent to the Department by the promoter within
24 hours after receipt of delivery from the printer. The
total number of tickets printed shall not exceed the total
seating capacity of the premises in which the event is to be
held. No tickets of admission to any event, other than an
athletic event conducted at premises with an indoor seating
capacity of more than 17,000, shall be sold except those
declared on an official ticket inventory as described in this
Section.
A promoter who conducts an athletic event under this Act,
other than an athletic event conducted at premises with an
indoor seating capacity of more than 17,000, shall, within 24
hours after such event: (1) furnish to the Department a
written report verified by the promoter or his authorized
designee showing the number of tickets sold for the contest
and the amount of the gross proceeds thereof; and (2) pay to
the State Treasurer a tax of 10% of the first $500,000 of
gross receipts from the sale of admission tickets, to be
placed in the General Revenue Fund. Also, every person,
showing or holding any boxing match or wrestling exhibition
on a closed circuit telecast viewed in this State, whether
originating within this State, or another state or country,
where admission is charged, shall register with the
Department and pay a $400 fee each year of registration.
Registrant shall be entitled to show unlimited closed circuit
events during the year the registration is valid. A $25 fee
shall be paid for each event at each location where the
boxing contest or wrestling exhibition is shown by a licensed
Illinois promoter. The Department shall prescribe rules for
the implementation of this registration. These closed
circuit TV fees shall be paid to the Department of
Professional Regulation. furnish the Athletic Section of the
Department a written report, under oath, stating the number
of tickets sold for such showing and the amount of the gross
proceeds thereof, and such other matters as the Athletic
Board prescribes and shall within 24 hours after the showing
of the contest pay to the State Treasurer a 5% tax on the
total gross receipts from the sale of tickets for the showing
of such match. A fee must be paid for each location where
the boxing contest or wrestling exhibition is shown by a
licensed Illinois promoter.
(Source: P.A. 88-595, eff. 8-26-94.)
Section 15. The Professional Counselor and Clinical
Professional Counselor Licensing Act is amended by changing
Section 55 as follows:
(225 ILCS 107/55)
Sec. 55. Implementation; transitional periods.
(a) Professional counselor.
(1) Without examination, the Department shall issue
a nonrenewable temporary license, which shall expire
March 5, 1999 September 5, 1998, to any person who
applies to the Department on forms provided by the
Department, submits the fee for temporary licensure and:
(A) has a minimum of a master's degree in the
field of counseling, rehabilitation counseling,
psychology, or similar program from a college,
university, or school recognized by the educational
governing authority in the jurisdiction in which it
is located; or
(B) has a baccalaureate degree from a college,
university, or school recognized by the educational
governing authority in the jurisdiction in which it
is located and can document the equivalent of 3
years full-time satisfactory supervised experience
as a professional counselor.
(2) All holders of a professional counseling
temporary license issued under part B of paragraph (1) of
this subsection (a) must document the equivalent of an
additional 2 years full-time supervised work in order to
become eligible to take the exam for a permanent license.
(3) All persons holding a temporary license shall
complete any additional experience requirements, apply to
sit for the examination, submit the required fees, and
pass an examination specified by the Department by March
5, 1999 September 5, 1998, in order to be eligible to
obtain a professional counselor license. Upon passing the
exam, persons holding a temporary license as a
professional counselor may be issued a professional
counselor license. Persons holding a temporary license
who do not pass the examination by March 5, 1999
September 5, 1998, will be required to submit an
application under Section 35 and meet the requirements in
effect at the time of reapplication.
(4) Any person who has received certification by
any State or national organization whose standards are
accepted by the Department as being substantially similar
to the standards in this Act may apply for a professional
counselor license, and need not be examined further.
(b) Clinical professional counselor.
(1) Without examination, the Department shall issue
a nonrenewable temporary license, which shall expire on
March 5, 1999 September 5, 1998, to any person who
applies to the Department on forms provided by the
Department, submits the fee for temporary licensure, and:
(A) has a minimum of a master's degree in the
field of counseling, rehabilitation counseling,
psychology, or related field from a college,
university, or school recognized by the educational
governing authority in the jurisdiction in which it
is located; and
(B) can document the equivalent of one unit of
acceptable experience.
(2) All persons holding a temporary clinical
professional counselor license shall (A) document the
completion of an additional one unit of acceptable
experience; (B) apply to sit for the examination; (C)
submit the required fees; and (D) pass an examination
specified by the Department by March 5, 1999 September 5,
1998, in order to be eligible to obtain a clinical
professional counselor's license. Upon passing the exam,
persons holding a temporary license as a clinical
professional counselor may be issued a professional
counselor license. Persons holding a temporary license
who do not pass the examination by March 5, 1999
September 1, 1998, shall be required to submit an
application under Section 35 and meet the requirements in
effect at the time of reapplication.
(3) For the purposes of this Section only, one unit
of acceptable experience is either (A) the equivalent of
one year full-time work experience under the direction of
a qualified supervisor or (B) the equivalent of 2 years
work experience independent of the direction of a
qualified supervisor. The unit requirements of this
Section may be satisfied by supervised experience,
independent experience, or a combination of supervised
and independent experience.
(4) For the purposes of this Section only,
acceptable supervisors are those who at the time of
supervision were master's level or doctoral level
counselors, certified social workers or licensed clinical
social workers, registered clinical psychologists or
licensed clinical psychologists, or psychiatrists as
defined in Section 1-121 of the Mental Health and
Developmental Disabilities Code. One of these 2 years of
supervision may be provided by a certified rehabilitation
counselor.
(5) Any person who has received certification by
any State or national organization whose standards are
accepted by the Department may apply for a clinical
professional counselor license, and need not be examined
further.
(Source: P.A. 87-1011; 87-1212; 87-1269; 88-45.)
Section 20. The Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 is amended by changing Sections 1-11,
2A-7, and 4-2 as follows:
(225 ILCS 410/1-11) (from Ch. 111, par. 1701-11)
Sec. 1-11. Exceptions to Act.
(a) Nothing in this Act shall be construed to apply to
the educational activities conducted in connection with any
monthly, annual or other special educational program of any
bona fide association of licensed cosmetologists,
estheticians, nail technicians, or barbers, or licensed
cosmetology, esthetics, nail technology, or barber schools
from which the general public is excluded.
(b) Nothing in this Act shall be construed to apply to
the activities and services of registered nurses or licensed
practical nurses, as defined in the Illinois Nursing Act of
1987, or to personal care or health care services provided by
individuals in the performance of their duties as employed or
authorized by facilities or programs licensed or certified by
State agencies. As used in this subsection (b), "personal
care" means assistance with meals, dressing, movement,
bathing, or other personal needs or maintenance or general
supervision and oversight of the physical and mental
well-being of an individual who is incapable of maintaining a
private, independent residence or who is incapable of
managing his or her person whether or not a guardian has been
appointed for that individual. The definition of "personal
care" as used in this subsection (b) shall not otherwise be
construed to negate the requirements of this Act or its
rules.
(c) Nothing in this Act shall be deemed to require
licensure of individuals employed by the motion picture,
film, television, stage play or related industry for the
purpose of providing cosmetology or esthetics services to
actors of that industry while engaged in the practice of
cosmetology or esthetics as a part of that person's
employment.
(Source: P.A. 89-387, eff. 1-1-96.)
(225 ILCS 410/2A-7)
Sec. 2A-7. Requirements for licensure as barber school.
A person, firm, or corporation may not own, operate or
conduct a school or college of barbering for the purpose of
teaching barbering for compensation without filing an
application with the Department on forms provided by the
Department, paying the required fees, and complying with the
following requirements:
1. The applicant must submit to the Department for
approval:
a. A floor plan, drawn to a scale specified on
the floor plan, showing every detail of the proposed
school;
b. A lease commitment or proof of ownership
for the location of the proposed school; a lease
commitment must provide for execution of the lease
upon the Department's approval of the school's
application and the lease must be for a period of at
least one year; and
c. A written inspection report made by the
State Fire Marshal approving the use of the proposed
premises as a barbering school.
2. The applicant must submit a certified financial
statement prepared by a licensed public accountant who is
not an employee of the school, indicating sufficient
finances to guarantee operation for one full year.
3. The proposed barber school or college shall have
a minimum of one theory or demonstration room, one
workroom, and 2 toilet facilities.
The minimum equipment in the workroom shall be 20
barber chairs, one cabinet and one wet sterilizer for
each barber chair, four shampoo basins complete with
shampoo spray, one electric vibrator for each l0 barber
chairs, and one scalp-treatment high frequency
electricity apparatus for each l0 barber chairs.
The municipality in which the proposed new barber
school is to be located shall be large enough to support
the proposed barber school to the degree that the
students who might be enrolled in the proposed barber
school would be assured of sufficient practice to enable
them to become competent workers. The municipality shall
be deemed large enough to support a barber school if the
number of barber chairs in the proposed barber school,
together with those in any other existing barber school
in the municipality, does not exceed the ratio of one
barber chair for each 4000 people in the municipality as
determined by the most recent federal decennial census.
This provision does not prevent an existing barber school
from moving to a new location within the State.
It shall be a requirement for maintaining and
renewing a barber school license that the school or
college of barbering actually provide instruction and
teaching, as well as maintain the equipment required by
this Section. If a barber school ceases operation for
any reason, the Department shall place the school's
license on inoperative status, without hearing, for a
period of up to one year from the date that the school
ceases operation. A barber school license on inoperative
status may be restored by the Department upon resumption
of operation in accordance with the requirements of this
Act. A license on inoperative status may not be renewed.
A barber school license that remains on inoperative
status for a period of one year shall automatically,
without hearing, be cancelled. A cancelled license may
not be renewed or restored. A person, firm, or
corporation whose license has been cancelled and who
wishes to own, operate, or conduct a school or college of
barbering for the purpose of teaching barbering for
compensation must apply for a new license.
An inoperative license counts against the
requirement that the ratio of barber chairs be no more
than one barber chair for each 4000 people in a
municipality, but a license that has been cancelled no
longer counts against the ratio requirement.
4. The proposed barber school or college shall have
a curriculum that includes each of the following
subjects: the preparation and care of barber implements,
the art of haircutting, styling, shaving, beard trimming
and shampooing, facial and scalp massaging and treatments
either by hand or mechanical appliances, hair tinting,
coloring, and bleaching, permanent waving, barber
anatomy, physiology, bacteriology, sanitation, barber
history, Illinois barber law, electricity and light rays,
and a course dealing with the common diseases of the skin
and methods to avoid the aggravation and spreading
thereof in the practice of barbering.
In a l500 hour barber course all students shall
receive a minimum of l50 hours of lectures,
demonstrations, or discussions. The remaining l350 hours
shall be devoted to practical application of the
student's skill in the workroom, or to additional theory
or other classwork, at the discretion of the instructor.
5. The school shall comply with all rules of the
Department establishing the necessary curriculum and
equipment required for the conduct of such school.
6. The school shall employ a sufficient number of
qualified teachers of barbering who are holders of a
current license issued by the Department, which staff is
adequate only if the ratio of students to teachers does
not exceed 25 students for each barber teacher.
7. A final inspection of the barber school shall be
made by the Department before the school may commence
classes. The inspection shall include a determination of
whether:
a. All of the requirements of paragraph 1 of
this Section have been met.
b. The school is in compliance with all rules
of the Department established for the purpose of
determining the necessary curriculum and equipment
required for the school.
c. A sufficient number of qualified teachers
of barbering who are holders of current licenses
issued by the Department are employed.
Upon meeting all of the above requirements, the
Department may issue a license and the school may commence
classes.
No barber school may cease operation without first
delivering its student records to a place of safekeeping in
accordance with Department rule.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
(225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
Sec. 4-2. The Barber, Cosmetology, Esthetics, and Nail
Technology Committee. There is established within the
Department the Barber, Cosmetology, Esthetics, and Nail
Technology Committee, composed of 11 persons designated from
time to time by the Director to advise the Director in all
matters related to the practice of barbering, cosmetology,
esthetics, and nail technology.
The 11 members of the Committee shall be appointed as
follows: 6 licensed cosmetologists, all of whom hold a
current license as a cosmetologist or cosmetology teacher
and, for appointments made after the effective date of this
amendatory Act of 1996, at least 2 of whom shall be an owner
of or a major stockholder in a school of cosmetology, one of
whom shall be a representative of a franchiser with 5 or more
locations within the State, one of whom shall be a
representative of an owner operating salons in 5 or more
locations within the State, one of whom shall be an
independent salon owner, and no one of the cosmetologist
members shall be a manufacturer, jobber, or stockholder in a
factory of cosmetology articles or an immediate family member
of any of the above; 2 of whom shall be barbers holding a
current license; one member who shall be a licensed
esthetician or esthetics teacher; one member who shall be a
licensed nail technician or nail technology teacher; and one
public member who holds no licenses issued by the Department.
The Director shall give due consideration for membership to
recommendations by members of the professions and by their
professional organizations. Members shall serve 4 year terms
and until their successors are appointed and qualified;
except that of the initial appointments under this Act, 4
members shall be appointed to serve for 2 years, 3 members
shall be appointed to serve for 3 years, and the remaining 3
members shall be appointed to serve for 4 years, until their
successors are appointed and qualified. No member shall be
reappointed to the Committee for more than 2 terms.
Appointments to fill vacancies shall be made in the same
manner as original appointments for the unexpired portion of
the vacated term. Initial terms shall begin upon the
effective date of this Act. Members of the Committee in
office on the effective date of this amendatory Act of 1996
shall continue to serve for the duration of the terms to
which they have been appointed, but beginning on that
effective date all appointments of licensed cosmetologists
and barbers to serve as members of the Committee shall be
made in a manner that will effect at the earliest possible
date the changes made by this amendatory Act of 1996 in the
representative composition of the Committee.
Whenever the Director is satisfied that substantial
justice has not been done in an examination, the Director may
order a reexamination by the same or other examiners.
(Source: P.A. 88-362; 89-387, eff. 1-1-96; 89-706, eff.
1-31-97.)
Section 25. The Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 is amended by
changing Section 75 as follows:
(225 ILCS 446/75)
Sec. 75. Qualifications for licensure and agency
certification.
(a) Private Detective. A person is qualified to receive
a license as a private detective if he or she meets all of
the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good character is
a continuing requirement of licensure. Conviction of
crimes not listed in paragraph (2) of subsection (a) of
this Section may be used in determining moral character,
but does not operate as an absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application
working full-time for a licensed private detective agency
as a registered private detective employee or with 3
years experience out of the 5 years immediately preceding
his or her application employed as a full-time
investigator in a law enforcement agency of a federal or
State political subdivision, approved by the Board and
the Department; or an applicant who has obtained a
baccalaureate degree in police science or a related field
or a business degree from an accredited college or
university shall be given credit for 2 of the 3 years
experience required under this Section. An applicant who
has obtained an associate degree in police science or a
related field or in business from an accredited college
or university shall be given credit for one of the 3
years experience required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
(b) Private security contractor. A person is qualified
to receive a license as a private security contractor if he
or she meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (b) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application as a
full-time manager or administrator for a licensed private
security contractor agency or a manager or administrator
of a proprietary security force of 30 or more persons
registered with the Department, or with 3 years
experience out of the 5 years immediately preceding his
or her application as a full-time supervisor in a law
enforcement agency of a federal or State political
subdivision, approved by the Board and the Department; or
an applicant who has obtained a baccalaureate degree in
police science or a related field or a business degree
from an accredited college or university shall be given
credit for 2 of the 3 years experience required under
this Section. An applicant who has obtained an associate
degree in police science or a related field or in
business from an accredited college or university shall
be given credit for one of the 3 years experience
required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
(10) It is the responsibility of the applicant to
obtain liability insurance in amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before
being issued a license. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in cancellation of the
license by the Department.
(c) Private alarm contractor. A person is qualified to
receive a license as a private alarm contractor if he or she
meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (c) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the
armed services of the United States.
(7) Has a minimum of 3 years experience out of the
5 years immediately preceding application as a full time
manager or administrator for an agency licensed as a
private alarm contractor agency, or for an entity that
designs, sells, installs, services, or monitors alarm
systems which in the judgment of the Board satisfies
standards of alarm industry competence. An individual who
has received a 4 year degree in electrical engineering or
a related field from a program approved by the Board
shall be given credit for 2 years of experience under
this item (7). An individual who has successfully
completed a national certification program approved by
the Board shall be given credit for one year of
experience under this item (7).
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
(10) It is the responsibility of the applicant to
obtain liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before
being issued a license. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in cancellation of the
license by the Department.
(d) Locksmith. A person is qualified to receive a
license as a locksmith if he or she meets all of the
following requirements:
(1) Is at least 18 years of age.
(2) Has not violated any provisions of Section 120
of this Act.
(3) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(4) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (3) of
subsection (d) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(5) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(6) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has passed an examination authorized by the
Department in the theory and practice of the profession.
(9) Has submitted to the Department proof of
insurance sufficient for the individual's business
circumstances. The Department, with input from the
Board, shall promulgate rules specifying minimum
insurance requirements. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in the cancellation of
the license by the Department. A locksmith employed by a
licensed locksmith agency or employed by a private
concern may provide proof that his or her actions as a
locksmith are covered by the insurance of his or her
employer.
(e) Private detective agency. Upon payment of the
required fee and proof that the applicant has a full-time
Illinois licensed private detective in charge, which is a
continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private detective agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private detective under
this Act.
(2) A firm or association that submits an
application in writing and all of the members of the firm
or association are licensed private detectives under this
Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a detective agency, provided at least one
officer or executive employee is licensed as a private
detective under this Act and all unlicensed officers and
directors of the corporation are determined by the
Department to be persons of good moral character.
No private detective may be the private detective in
charge for more than one agency except for an individual who,
on the effective date of this Act, is currently and actively
a licensee for more than one agency. Upon written request by
a representative of an agency within 10 days after the loss
of a licensee in charge of an agency because of the death of
that individual or because of an unanticipated termination of
the employment of that individual, the Department shall issue
a temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the
detective in charge because of disciplinary action by the
Department.
(f) Private alarm contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private alarm contractor in charge, which
is a continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private alarm contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private alarm contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members of the
firm or association are licensed private alarm
contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private alarm contractor agency, provided
at least one officer or executive employee is licensed as
a private alarm contractor under this Act and all
unlicensed officers and directors of the corporation are
determined by the Department to be persons of good moral
character.
No private alarm contractor may be the private alarm
contractor in charge for more than one agency except for any
individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of an agency within
10 days after the loss of a licensed private alarm contractor
in charge of an agency because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
and upon written request by the representative of the agency.
No more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(g) Private security contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private security contractor in charge,
which is continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private security contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private security contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members are
licensed private security contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private security contractor agency,
provided at least one officer or executive employee is
licensed as a private security contractor under this Act
and all unlicensed officers and directors of the
corporation are determined by the Department to be
persons of good moral character.
No private security contractor may be the private
security contractor in charge for more than one agency except
for any individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of the agency within
10 days after the loss of a licensee in charge of an agency
because of the death of that individual or because of the
unanticipated termination of the employment of that
individual, the Department shall issue a temporary permit
allowing the continuing operation of a previously licensed
agency. No temporary permit shall be valid for more than 90
days. An extension of an additional 90 days may be granted
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(h) Licensed locksmith agency. Upon receipt of the
required fee and proof that the applicant is an Illinois
licensed locksmith who shall assume full responsibility for
the operation of the agency and the directed actions of the
agency's employees, which is a continuing requirement for
agency licensure, the Department shall issue, without
examination, a certificate as a Locksmith Agency to any of
the following:
(1) An individual who submits an application in
writing and who is a licensed locksmith under this Act.
(2) A firm or association that submits an
application in writing and certifies that all of the
members of the firm or association are licensed
locksmiths under this Act.
(3) A duly incorporated or registered corporation
or limited liability company allowed to do business in
Illinois that is authorized by its articles of
incorporation or organization to engage in the business
of conducting a locksmith agency, provided that at least
one officer or executive employee of a corporation or one
member of a limited liability company is licensed as a
locksmith under this Act, and provided that person agrees
in writing on a form acceptable to the Department to
assume full responsibility for the operation of the
agency and the directed actions of the agency's
employees, and further provided that all unlicensed
officers and directors of the corporation or members of
the limited liability company are determined by the
Department to be persons of good moral character.
An individual licensed locksmith operating under a
business name other than the licensed locksmith's own name
shall not be required to obtain a locksmith agency license if
that licensed locksmith does not employ any persons to engage
in the practice of locksmithing.
An applicant for licensure as a locksmith agency shall
submit to the Department proof of insurance sufficient for
the agency's business circumstances. The Department shall
promulgate rules specifying minimum insurance requirements.
This insurance requirement is a continuing requirement for
licensure.
No licensed locksmith may be the licensed locksmith
responsible for the operation of more than one agency except
for any individual who submits proof to the Department that,
on the effective date of this amendatory Act of 1995, he or
she is actively responsible for the operations of more than
one agency. A licensed private alarm contractor who is
responsible for the operation of a licensed private alarm
contractor agency and who is a licensed locksmith may also be
the licensed locksmith responsible for the operation of a
locksmith agency.
Upon written request by a representative of an agency
within 10 days after the loss of a responsible licensed
locksmith of an agency, because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed locksmith agency. No temporary permit
shall be valid for more than 90 days. An extension for an
additional 90 days may be granted by the Department for good
cause shown and upon written request by a representative of
the agency. No more than 2 extensions may be granted to any
agency. No temporary permit shall be issued to any agency
due to the loss of the responsible locksmith because of
disciplinary action by the Department.
(i) Proprietary Security Force. All commercial or
industrial operations that employ 5 or more persons as armed
security guards and all financial institutions that employ
armed security guards shall register their security forces
with the Department on forms provided by the Department.
All armed security guard employees of the registered
proprietary security force shall be required to complete a
20-hour basic training course and 20-hour firearm training
course in accordance with administrative rules.
Each proprietary security force shall be required to
apply to the Department, on forms supplied by the Department,
for the issuance of a firearm authorization card, in
accordance with administrative rules, for each armed employee
of the security force.
The Department shall prescribe rules for the
administration of this Section.
(j) (i) Any licensed agency that operates a branch
office as defined in this Act shall apply for a branch office
license.
(Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96;
89-626, eff. 8-9-96; 90-436, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.