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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2395 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
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Amends the Regulatory Sunset Act. Repeals the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 on January 1, 2029 (rather than January 1, 2024). Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides that all applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation, which serves as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license. Removes provisions providing that: any person who has providing canine odor detection services, or canine trainer services, for hire prior to January 1, 2005 is exempt from specified requirements and may be granted a private detective license if he or she meets other specified requirements; exhibits shall be certified without cost; and the Department shall maintain a roster. Provides that the original training certification form or a copy (rather than just the original form) shall be given to the employee when the employee's employment is terminated. Makes changes in provisions concerning: applications for licenses; forms; hearings and rehearings; subpoenas; the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Board; rules; and the Illinois Administrative Procedure Act. Makes corresponding and other changes. Provisions amending the Regulatory Sunset Act are effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Regulatory Sunset Act is amended by |
| 5 | | changing Sections 4.34 and 4.39 as follows:
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| 6 | | (5 ILCS 80/4.34) |
| 7 | | Sec. 4.34. Acts and Section repealed on January 1, 2024. |
| 8 | | The following Acts and
Section of an Act are repealed
on |
| 9 | | January 1, 2024: |
| 10 | | The Crematory Regulation Act. |
| 11 | | The Electrologist Licensing Act. |
| 12 | | The Illinois Certified Shorthand Reporters Act of |
| 13 | | 1984. |
| 14 | | The Illinois Occupational Therapy Practice Act. |
| 15 | | The Illinois Public Accounting Act. |
| 16 | | The Private Detective, Private Alarm, Private |
| 17 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. |
| 18 | | The Registered Surgical Assistant and Registered |
| 19 | | Surgical Technologist
Title Protection Act. |
| 20 | | Section 2.5 of the Illinois Plumbing License Law.
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| 21 | | The Veterinary Medicine and Surgery Practice Act of |
| 22 | | 2004. |
| 23 | | (Source: P.A. 102-291, eff. 8-6-21.)
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| 1 | | (5 ILCS 80/4.39) |
| 2 | | Sec. 4.39. Acts repealed on January 1, 2029 and December |
| 3 | | 31, 2029. |
| 4 | | (a) The following Act is repealed on January 1, 2029: |
| 5 | | The Environmental Health Practitioner Licensing Act. |
| 6 | | The Private Detective, Private Alarm, Private |
| 7 | | Security, Fingerprint Vendor, and Locksmith Act of 2004. |
| 8 | | (b) The following Act is repealed on December 31, 2029: |
| 9 | | The Structural Pest Control Act.
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| 10 | | (Source: P.A. 100-716, eff. 8-3-18; 100-796, eff. 8-10-18; |
| 11 | | 101-81, eff. 7-12-19.)
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| 12 | | Section 10. The Private Detective, Private Alarm, Private |
| 13 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
| 14 | | amended by changing Sections 5-10, 10-5, 10-20, 10-37, 10-45, |
| 15 | | 15-5, 15-10, 15-15, 15-25, 20-10, 20-15, 20-20, 25-5, 25-10, |
| 16 | | 25-15, 25-20, 25-30, 30-5, 30-10, 30-15, 30-20, 30-30, 31-5, |
| 17 | | 31-10, 31-15, 31-20, 35-5, 35-10, 35-15, 35-25, 35-30, 35-35, |
| 18 | | 35-43, 35-45, 40-5, 40-10, 40-20, 40-25, 40-30, 45-10, 45-15, |
| 19 | | 45-40, 45-55, 50-5, 50-10, 50-15, 50-20, and 50-45 as follows:
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| 20 | | (225 ILCS 447/5-10)
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| 21 | | (Section scheduled to be repealed on January 1, 2024)
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| 22 | | Sec. 5-10. Definitions. As used in this Act:
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| 23 | | "Address of record" means the designated address recorded |
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| 1 | | by the Department in the applicant's application file or the |
| 2 | | licensee's license file, as maintained by the Department's |
| 3 | | licensure maintenance unit. |
| 4 | | "Advertisement" means any public media, including printed |
| 5 | | or electronic material, that is published or displayed in a |
| 6 | | phone book,
newspaper, magazine, pamphlet, newsletter, |
| 7 | | website, or other similar type of publication or electronic |
| 8 | | format
that is
intended to either attract business or merely |
| 9 | | provide contact information to
the public for
an agency or |
| 10 | | licensee. Advertisement shall not include a licensee's or an
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| 11 | | agency's
letterhead, business cards, or other stationery used |
| 12 | | in routine business
correspondence or
customary name, address, |
| 13 | | and number type listings in a telephone directory.
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| 14 | | "Alarm system" means any system, including an electronic |
| 15 | | access control
system, a
surveillance video system, a security |
| 16 | | video system, a burglar alarm system, a
fire alarm
system, or |
| 17 | | any other electronic system that activates an audible, |
| 18 | | visible,
remote, or
recorded signal that is designed for the |
| 19 | | protection or detection of intrusion,
entry, theft,
fire, |
| 20 | | vandalism, escape, or trespass, or other electronic systems |
| 21 | | designed for the protection of life by indicating the |
| 22 | | existence of an emergency situation. "Alarm system" also |
| 23 | | includes an emergency communication system and a mass |
| 24 | | notification system.
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| 25 | | "Applicant" means a person or business applying for |
| 26 | | licensure, registration, or authorization under this Act. Any |
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| 1 | | applicant or person who holds oneself himself or herself out |
| 2 | | as an applicant is considered a licensee or registrant for the |
| 3 | | purposes of enforcement, investigation, hearings, and the |
| 4 | | Illinois Administrative Procedure Act. |
| 5 | | "Armed employee" means a licensee or registered person who |
| 6 | | is employed by an
agency licensed or an armed proprietary |
| 7 | | security force registered under this
Act who carries a weapon |
| 8 | | while engaged in the
performance
of official duties within the |
| 9 | | course and scope of the employee's his or her employment |
| 10 | | during
the hours
and times the employee is scheduled to work or |
| 11 | | is commuting between the employee's his or her
home or
place of |
| 12 | | employment.
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| 13 | | "Armed proprietary security force" means a security force |
| 14 | | made up of one or
more
armed individuals employed by a |
| 15 | | commercial or industrial operation or
by a financial |
| 16 | | institution as security officers
for the
protection of persons |
| 17 | | or property.
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| 18 | | "Board" means the Private Detective, Private Alarm, |
| 19 | | Private Security, Fingerprint Vendor, and
Locksmith Board.
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| 20 | | "Branch office" means a business location removed from the |
| 21 | | place of business
for which an agency license has been issued, |
| 22 | | including, but not limited to,
locations where active employee |
| 23 | | records that are required to be maintained
under this Act are |
| 24 | | kept, where prospective new
employees
are processed, or where |
| 25 | | members of the public are invited in to transact
business. A
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| 26 | | branch office does not include an office or other facility |
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| 1 | | located on the
property of an
existing client that is utilized |
| 2 | | solely for the benefit of that client and is
not owned or
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| 3 | | leased by the agency.
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| 4 | | "Canine handler" means a person who uses or handles a |
| 5 | | trained dog
to protect persons or property or
to conduct |
| 6 | | investigations. |
| 7 | | "Canine handler authorization card" means a card issued by |
| 8 | | the Department that authorizes
the holder to use or handle a |
| 9 | | trained dog to protect persons or property or to conduct
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| 10 | | investigations during the performance of the holder's his or |
| 11 | | her duties as specified in this Act. |
| 12 | | "Canine trainer" means a person who acts as a dog trainer |
| 13 | | for the purpose of training dogs to protect
persons or |
| 14 | | property or to conduct investigations. |
| 15 | | "Canine trainer authorization card" means a card issued by |
| 16 | | the Department that authorizes the
holder to train a dog to |
| 17 | | protect persons or property or to conduct investigations |
| 18 | | during the
performance of the holder's his or her duties as |
| 19 | | specified in this Act. |
| 20 | | "Canine training facility" means a facility operated by a |
| 21 | | licensed private detective agency or private
security |
| 22 | | contractor agency wherein dogs are trained for the purposes of |
| 23 | | protecting persons or property or to
conduct investigations.
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| 24 | | "Corporation" means an artificial person or legal entity |
| 25 | | created by or under
the
authority of the laws of a state, |
| 26 | | including without limitation a corporation,
limited liability |
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| 1 | | company, or any other legal entity.
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| 2 | | "Department" means the Department of Financial and
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| 3 | | Professional Regulation.
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| 4 | | "Email address of record" means the designated email |
| 5 | | address recorded by the Department in the applicant's |
| 6 | | application file or the licensee's license file, as maintained |
| 7 | | by the Department's licensure maintenance unit. |
| 8 | | "Emergency communication system" means any system that |
| 9 | | communicates information about emergencies, including but not |
| 10 | | limited to fire, terrorist activities, shootings, other |
| 11 | | dangerous situations, accidents, and natural disasters. |
| 12 | | "Employee" means a person who works for a person or agency |
| 13 | | that has the
right to
control the details of the work performed |
| 14 | | and is not dependent upon whether or
not
federal or state |
| 15 | | payroll taxes are withheld.
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| 16 | | "Fingerprint vendor" means a person that offers, |
| 17 | | advertises, or provides services to fingerprint individuals, |
| 18 | | through electronic or other means, for the purpose of |
| 19 | | providing fingerprint images and associated demographic data |
| 20 | | to the Illinois State Police for processing fingerprint based |
| 21 | | criminal history record information inquiries. |
| 22 | | "Fingerprint vendor agency" means a person, firm, |
| 23 | | corporation, or other legal entity that engages in the |
| 24 | | fingerprint vendor business and employs, in addition to the |
| 25 | | fingerprint vendor licensee-in-charge, at least one other |
| 26 | | person in conducting that business. |
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| 1 | | "Fingerprint vendor licensee-in-charge" means a person who |
| 2 | | has been designated by a fingerprint vendor agency to be the |
| 3 | | licensee-in-charge of an agency who is a full-time management |
| 4 | | employee or owner who assumes sole responsibility for |
| 5 | | maintaining all records required by this Act and who assumes |
| 6 | | sole responsibility for assuring the licensed agency's |
| 7 | | compliance with its responsibilities as stated in this Act. |
| 8 | | The Department shall adopt rules mandating licensee-in-charge |
| 9 | | participation in agency affairs.
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| 10 | | "Fire alarm system" means any system that is activated by |
| 11 | | an automatic or
manual device in the detection of smoke, heat, |
| 12 | | or fire that activates an
audible, visible, or
remote signal |
| 13 | | requiring a response.
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| 14 | | "Firearm control card" means a card issued by the |
| 15 | | Department that
authorizes
the holder, who has complied with |
| 16 | | the training and other requirements of this Act, to carry a |
| 17 | | weapon during the performance of the holder's his or her |
| 18 | | duties as
specified in
this Act.
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| 19 | | "Firm" means an unincorporated business entity, including |
| 20 | | but not limited to
proprietorships and partnerships.
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| 21 | | "Licensee" means a person or business licensed under this |
| 22 | | Act. Anyone who holds oneself himself or herself out as a |
| 23 | | licensee or who is accused of unlicensed practice is |
| 24 | | considered a licensee for purposes of enforcement, |
| 25 | | investigation, hearings, and the Illinois Administrative |
| 26 | | Procedure Act. |
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| 1 | | "Locksmith" means
a person who engages in a business or |
| 2 | | holds oneself himself out to the public as
providing a service |
| 3 | | that includes, but is not limited to, the servicing,
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| 4 | | installing, originating first keys, re-coding, repairing, |
| 5 | | maintaining,
manipulating, or bypassing of a mechanical or |
| 6 | | electronic locking device, access
control or video |
| 7 | | surveillance system at premises, vehicles, safes, vaults, safe
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| 8 | | deposit boxes, or automatic teller machines.
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| 9 | | "Locksmith agency" means a person, firm, corporation, or |
| 10 | | other legal entity
that engages
in the
locksmith business and |
| 11 | | employs, in addition to the locksmith
licensee-in-charge, at |
| 12 | | least
one other person in conducting such business.
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| 13 | | "Locksmith licensee-in-charge" means a person who has been |
| 14 | | designated by
agency to be the licensee-in-charge of an |
| 15 | | agency,
who is a
full-time management employee or owner who |
| 16 | | assumes sole responsibility
for
maintaining all records |
| 17 | | required by this Act, and who assumes sole
responsibility for
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| 18 | | assuring the licensed agency's compliance with its |
| 19 | | responsibilities as stated
in this Act. The Department shall |
| 20 | | adopt rules mandating licensee-in-charge
participation in |
| 21 | | agency affairs.
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| 22 | | "Mass notification system" means any system that is used |
| 23 | | to provide information and instructions to people in a |
| 24 | | building or other space using voice communications, including |
| 25 | | visible signals, text, graphics, tactile, or other |
| 26 | | communication methods. |
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| 1 | | "Peace officer" or "police officer" means a person who, by |
| 2 | | virtue of office
or
public
employment, is vested by law with a |
| 3 | | duty to maintain public order or to make
arrests for
offenses, |
| 4 | | whether that duty extends to all offenses or is limited to |
| 5 | | specific
offenses.
Officers, agents, or employees of the |
| 6 | | federal government commissioned by
federal
statute
to make |
| 7 | | arrests for violations of federal laws are considered peace |
| 8 | | officers.
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| 9 | | "Permanent employee registration card" means a card issued |
| 10 | | by the Department
to an
individual who has applied to the |
| 11 | | Department and meets the requirements for
employment by a |
| 12 | | licensed agency under this Act.
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| 13 | | "Person" means a natural person.
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| 14 | | "Private alarm contractor" means a person who engages in a |
| 15 | | business that
individually or through others undertakes, |
| 16 | | offers to undertake, purports to
have the
capacity to |
| 17 | | undertake, or submits a bid to sell, install, design, monitor, |
| 18 | | maintain, test, inspect,
alter, repair,
replace, or service |
| 19 | | alarm and other security-related systems or parts thereof,
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| 20 | | including fire
alarm systems, at protected premises or |
| 21 | | premises to be protected or responds to
alarm
systems at a |
| 22 | | protected premises on an emergency basis and not as a |
| 23 | | full-time
security officer. "Private alarm contractor" does |
| 24 | | not include a person, firm,
or
corporation that
manufactures |
| 25 | | or sells alarm systems
only from its place of business and does |
| 26 | | not sell, install, monitor, maintain,
alter, repair, replace, |
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| 1 | | service, or respond to alarm systems at protected
premises or |
| 2 | | premises to be protected.
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| 3 | | "Private alarm contractor agency" means a person, |
| 4 | | corporation, or other
entity
that
engages in the private alarm |
| 5 | | contracting business and employs, in addition to
the private
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| 6 | | alarm contractor-in-charge, at least one other person in |
| 7 | | conducting such
business.
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| 8 | | "Private alarm contractor licensee-in-charge" means a |
| 9 | | person who has been
designated by an
agency to be the |
| 10 | | licensee-in-charge of an agency, who is a full-time management
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| 11 | | employee or owner who
assumes sole
responsibility for |
| 12 | | maintaining all records required by this Act, and who
assumes
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| 13 | | sole
responsibility for assuring the licensed agency's |
| 14 | | compliance with its
responsibilities as
stated in this Act.
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| 15 | | The Department shall adopt rules mandating licensee-in-charge |
| 16 | | participation in
agency affairs.
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| 17 | | "Private detective" means any person who by any means, |
| 18 | | including, but not
limited to, manual, canine odor detection,
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| 19 | | or electronic methods, engages in the business of, accepts
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| 20 | | employment
to furnish, or agrees to make or makes |
| 21 | | investigations for a fee or other
consideration to
obtain |
| 22 | | information relating to:
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| 23 | | (1) Crimes or wrongs done or threatened against the |
| 24 | | United States, any
state or
territory of the United |
| 25 | | States, or any local government of a state or
territory.
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| 26 | | (2) The identity, habits, conduct, business |
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| 1 | | occupation, honesty,
integrity,
credibility, knowledge, |
| 2 | | trustworthiness, efficiency, loyalty, activity,
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| 3 | | movements, whereabouts, affiliations, associations, |
| 4 | | transactions, acts,
reputation, or character of any |
| 5 | | person, firm, or other entity by any means,
manual or |
| 6 | | electronic.
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| 7 | | (3) The location, disposition, or recovery of lost or |
| 8 | | stolen property.
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| 9 | | (4) The cause, origin, or responsibility for fires, |
| 10 | | accidents, or injuries
to
individuals or real or personal |
| 11 | | property.
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| 12 | | (5) The truth or falsity of any statement or |
| 13 | | representation.
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| 14 | | (6) Securing evidence to be used before any court, |
| 15 | | board, or investigating
body.
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| 16 | | (7) The protection of individuals from bodily harm or |
| 17 | | death (bodyguard
functions).
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| 18 | | (8) Service of process in criminal and civil |
| 19 | | proceedings.
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| 20 | | "Private detective agency" means a person, firm, |
| 21 | | corporation, or other legal
entity that engages
in the
private |
| 22 | | detective business and employs, in addition to the |
| 23 | | licensee-in-charge,
one or more
persons in conducting such |
| 24 | | business.
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| 25 | | "Private detective licensee-in-charge" means a person who |
| 26 | | has been designated
by an agency
to be the licensee-in-charge |
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| 1 | | of an
agency,
who is a full-time management employee or owner
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| 2 | | who assumes sole
responsibility
for
maintaining all records |
| 3 | | required by this Act, and who assumes sole
responsibility
for |
| 4 | | assuring
the licensed agency's compliance with its |
| 5 | | responsibilities as stated in this
Act. The Department shall |
| 6 | | adopt rules mandating licensee-in-charge
participation in |
| 7 | | agency affairs.
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| 8 | | "Private security contractor" means a person who engages |
| 9 | | in the business of
providing a private security officer, |
| 10 | | watchman, patrol, guard dog, canine odor detection, or a |
| 11 | | similar service by
any other
title or name on a contractual |
| 12 | | basis for another person, firm, corporation, or
other entity
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| 13 | | for a fee or other consideration and performing one or more of |
| 14 | | the following
functions:
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| 15 | | (1) The prevention or detection of intrusion, entry, |
| 16 | | theft, vandalism,
abuse, fire,
or trespass on private or |
| 17 | | governmental property.
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| 18 | | (2) The prevention, observation, or detection of any |
| 19 | | unauthorized activity
on
private or governmental property.
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| 20 | | (3) The protection of persons authorized to be on the |
| 21 | | premises of the
person,
firm, or other entity for which |
| 22 | | the security contractor contractually provides
security |
| 23 | | services.
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| 24 | | (4) The prevention of the misappropriation or |
| 25 | | concealment of goods, money,
bonds, stocks, notes, |
| 26 | | documents, or papers.
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| 1 | | (5) The control, regulation, or direction of the |
| 2 | | movement of the public
for
the
time specifically required |
| 3 | | for the protection of property owned or controlled
by the |
| 4 | | client.
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| 5 | | (6) The protection of individuals from bodily harm or |
| 6 | | death (bodyguard
functions).
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| 7 | | "Private security contractor agency" means a person, firm, |
| 8 | | corporation, or
other legal entity that
engages in
the private |
| 9 | | security contractor business and that employs, in addition to |
| 10 | | the
licensee-in-charge, one or more persons in conducting such |
| 11 | | business.
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| 12 | | "Private security contractor licensee-in-charge" means a |
| 13 | | person who has been
designated by an agency to be the
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| 14 | | licensee-in-charge of an
agency, who is a full-time management |
| 15 | | employee or owner
who assumes sole responsibility for |
| 16 | | maintaining all records required by this
Act, and who
assumes |
| 17 | | sole responsibility for assuring the licensed agency's |
| 18 | | compliance with
its
responsibilities as
stated in this Act. |
| 19 | | The Department shall adopt rules mandating
licensee-in-charge |
| 20 | | participation in agency affairs.
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| 21 | | "Public member" means a person who is not a licensee or |
| 22 | | related to a
licensee, or who is not an employer or employee of |
| 23 | | a licensee. The term
"related to" shall be determined by the |
| 24 | | rules of the Department.
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| 25 | | "Secretary" means the Secretary of the Department of |
| 26 | | Financial and Professional Regulation.
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| 1 | | (Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 2 | | 102-813, eff. 5-13-22.)
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| 3 | | (225 ILCS 447/10-5)
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| 4 | | (Section scheduled to be repealed on January 1, 2024)
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| 5 | | Sec. 10-5. Requirement of license.
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| 6 | | (a) It is unlawful for a person to act as or provide the |
| 7 | | functions of a
private detective, private security contractor, |
| 8 | | private alarm contractor, fingerprint vendor, or
locksmith or |
| 9 | | to advertise or to assume to act as any one of these, or to use
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| 10 | | these or any other title implying that the person is engaged in |
| 11 | | any of these
activities unless licensed as such by the |
| 12 | | Department. An individual or sole
proprietor who does not |
| 13 | | employ any employees other than himself or herself may
operate |
| 14 | | under a "doing business as" or assumed name certification |
| 15 | | without
having to obtain an agency license, so long as the |
| 16 | | assumed name is first
registered with the Department.
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| 17 | | (b) It is unlawful for a person, firm, corporation, or |
| 18 | | other legal entity
to act as an agency licensed under this Act, |
| 19 | | to advertise, or to assume to
act as a licensed agency or to |
| 20 | | use a title implying that the person, firm, or
other entity is |
| 21 | | engaged in the practice as a private detective agency, private
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| 22 | | security contractor agency, private alarm contractor agency, |
| 23 | | fingerprint vendor agency, or locksmith
agency unless licensed |
| 24 | | by the Department.
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| 25 | | (c) No agency shall operate a branch office without first |
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| 1 | | applying for and
receiving a branch office license for each |
| 2 | | location.
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| 3 | | (d) It Beginning 12 months after the adoption of rules |
| 4 | | providing for the licensure of fingerprint vendors under this |
| 5 | | Act, it is unlawful for a person to operate live scan |
| 6 | | fingerprint equipment or other equipment designed to obtain |
| 7 | | fingerprint images for the purpose of providing fingerprint |
| 8 | | images and associated demographic data to the Illinois State |
| 9 | | Police, unless the person he or she has successfully completed |
| 10 | | a fingerprint training course conducted or authorized by the |
| 11 | | Illinois State Police and is licensed as a fingerprint vendor.
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| 12 | | (e) No Beginning 12 months after the adoption of rules |
| 13 | | providing for the licensure of canine handlers and canine |
| 14 | | trainers under this Act, no person shall operate a canine |
| 15 | | training facility unless licensed as a private detective
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| 16 | | agency or private security contractor agency under this Act, |
| 17 | | and no person shall act as a canine trainer unless the person |
| 18 | | he or she is licensed as a private detective or private |
| 19 | | security contractor or is a registered employee of a private |
| 20 | | detective agency or private security contractor agency |
| 21 | | approved by the Department. |
| 22 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 23 | | (225 ILCS 447/10-20)
|
| 24 | | (Section scheduled to be repealed on January 1, 2024)
|
| 25 | | Sec. 10-20. Application for license; forms.
|
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| 1 | | (a) Each license application shall be on forms provided by |
| 2 | | the Department.
|
| 3 | | (b) Application for a license by endorsement shall be
made
|
| 4 | | in accordance with the provisions of Section 10-40.
|
| 5 | | (c) Every application for an original license shall
|
| 6 | | include the
applicant's Social Security number or federal |
| 7 | | individual taxpayer identification number, which shall be |
| 8 | | retained in the agency's records pertaining to the license. As |
| 9 | | soon as practical, the Department shall assign a customer's |
| 10 | | identification number to each applicant for a license. |
| 11 | | Every application for a renewal or restored license shall |
| 12 | | require the applicant's customer identification number.
|
| 13 | | (Source: P.A. 97-400, eff. 1-1-12.)
|
| 14 | | (225 ILCS 447/10-37) |
| 15 | | (Section scheduled to be repealed on January 1, 2024) |
| 16 | | Sec. 10-37. Address of record; email address of record. |
| 17 | | All applicants and licensees shall: |
| 18 | | (1) provide a valid address and email address to the |
| 19 | | Department, which serves as the address of record and |
| 20 | | email address of record, respectively, at the time of |
| 21 | | application for licensure or renewal of a license; and |
| 22 | | (2) It is the duty of the applicant or licensee to |
| 23 | | inform the Department of any change of address within 14 |
| 24 | | days after such change either through the Department's |
| 25 | | website or by contacting the Department's licensure |
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| 1 | | maintenance unit.
|
| 2 | | (Source: P.A. 96-1445, eff. 8-20-10.)
|
| 3 | | (225 ILCS 447/10-45)
|
| 4 | | (Section scheduled to be repealed on January 1, 2024)
|
| 5 | | Sec. 10-45. Emergency care without a fee. A license
|
| 6 | | holder, agency, or registered employee of a private security
|
| 7 | | contractor, as defined in Section 5-10 of this Act, who in
good |
| 8 | | faith provides emergency care without fee to any person
or |
| 9 | | takes actions in good faith that directly relate to the
|
| 10 | | employee's job responsibilities to protect people and
|
| 11 | | property, as defined by the areas in which registered security
|
| 12 | | officers receive training under Sections 20-20 and 25-20 shall
|
| 13 | | not, as a result of those his or her acts or omissions, except
|
| 14 | | willful and wanton misconduct, in providing the care, be
|
| 15 | | liable to a person to whom such care is provided for civil
|
| 16 | | damages.
|
| 17 | | (Source: P.A. 93-438, eff. 8-5-03.)
|
| 18 | | (225 ILCS 447/15-5)
|
| 19 | | (Section scheduled to be repealed on January 1, 2024)
|
| 20 | | Sec. 15-5. Exemptions; private detective. The provisions
|
| 21 | | of this Act relating to the licensure of private detectives do
|
| 22 | | not apply to any of the following:
|
| 23 | | (1) An employee of the United States, Illinois, or a
|
| 24 | | political subdivision of either while the employee is |
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| 1 | | engaged
in the performance of the employee's his or her |
| 2 | | official duties within the
scope of the employee's his or |
| 3 | | her employment. However, any such person who
offers his or |
| 4 | | her services as a private detective or uses a
similar |
| 5 | | title when these services are performed for
compensation |
| 6 | | or other consideration, whether received directly
or |
| 7 | | indirectly, is subject to this Act.
|
| 8 | | (2) A person, firm, or other entity engaged |
| 9 | | exclusively
in tracing and compiling lineage or ancestry |
| 10 | | who does not hold
oneself himself or herself out to be a |
| 11 | | private detective.
|
| 12 | | (3) A person engaged exclusively in obtaining and
|
| 13 | | furnishing information, including providing reports, as to |
| 14 | | the financial rating or creditworthiness of
persons in
|
| 15 | | connection with (i) consumer credit transactions, (ii)
|
| 16 | | information for employment purposes, or (iii) information |
| 17 | | for
the underwriting of consumer insurance.
|
| 18 | | (4) Insurance adjusters employed or under contract as
|
| 19 | | adjusters who engage in no other investigative activities
|
| 20 | | other than those directly connected with adjustment of |
| 21 | | claims
against an insurance company or a self-insured |
| 22 | | entity by which
they are employed or with which they have a |
| 23 | | contract. No
insurance adjuster or company may use the |
| 24 | | term "investigation"
or any derivative thereof, in its |
| 25 | | name or in its advertising.
|
| 26 | | (5) A person, firm, or other entity engaged in
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| 1 | | providing computer forensics services so long as the
|
| 2 | | person, firm, or other entity does not hold oneself |
| 3 | | himself or
herself out to be a private detective. For the |
| 4 | | purposes of
this item (5), "computer forensics services" |
| 5 | | means a
branch of forensic science pertaining to the |
| 6 | | recovery and
analysis of electronically stored |
| 7 | | information. |
| 8 | | (6) A person employed as an investigator exclusively
|
| 9 | | by only one employer in connection with the exclusive
|
| 10 | | activities of that employer and who does not hold oneself |
| 11 | | himself
or herself out to be a private detective. |
| 12 | | (7) A person appointed by the circuit court pursuant |
| 13 | | to the Code of Civil Procedure to make service of process |
| 14 | | in a specific case, provided that such person is not
|
| 15 | | otherwise engaged in the business of serving process. |
| 16 | | (8) A person appointed by the circuit court pursuant
|
| 17 | | to the Code of Civil Procedure who is an honorably
|
| 18 | | discharged veteran of the armed forces of the United |
| 19 | | States and is self-employed as a process server. |
| 20 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 21 | | (225 ILCS 447/15-10)
|
| 22 | | (Section scheduled to be repealed January 1, 2024)
|
| 23 | | Sec. 15-10. Qualifications for licensure as a private
|
| 24 | | detective. |
| 25 | | (a) A person is qualified for licensure as a private
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| 1 | | detective if the person he or she meets all of the following
|
| 2 | | requirements:
|
| 3 | | (1) Is at least 21 years of age.
|
| 4 | | (2) Has not been convicted of any felony in any
|
| 5 | | jurisdiction or at least 10 years have elapsed since the |
| 6 | | time
of full discharge from a sentence imposed for a |
| 7 | | felony
conviction.
|
| 8 | | (3) Is of good moral character. Good character is
a |
| 9 | | continuing requirement of licensure. Conviction of crimes
|
| 10 | | other than felonies may be used in determining moral
|
| 11 | | character, but shall not constitute an absolute bar to
|
| 12 | | licensure, except where the applicant is a registered sex |
| 13 | | offender.
|
| 14 | | (4) Has not been declared by any court of competent
|
| 15 | | jurisdiction to be incompetent by reason of mental or |
| 16 | | physical
defect or disease, unless a court has |
| 17 | | subsequently declared
him or her to be competent.
|
| 18 | | (5) Is not suffering from dependence on alcohol or
|
| 19 | | from narcotic addiction or dependence.
|
| 20 | | (6) Has a minimum of 3 years experience of the 5
years |
| 21 | | immediately preceding application working full-time for
a |
| 22 | | licensed private detective agency as a registered private
|
| 23 | | detective agency employee or with 3 years experience of |
| 24 | | the 5
years immediately preceding his or her application |
| 25 | | employed as
a full-time investigator for a licensed |
| 26 | | attorney, for an in-house investigative unit for a |
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| 1 | | corporation having 100 or more employees, for any of the |
| 2 | | armed forces of the United States, or in a law
enforcement |
| 3 | | agency of the federal government, a state, or a state |
| 4 | | political
subdivision, which shall include a state's |
| 5 | | attorney's office
or a public defender's office. The Board |
| 6 | | and the Department
shall approve such full-time |
| 7 | | investigator experience and may accept, in lieu of the |
| 8 | | experience requirement in this item (6), alternative |
| 9 | | experience working full-time for a private detective |
| 10 | | agency licensed in another state or for a private |
| 11 | | detective agency in a state that does not license such |
| 12 | | agencies if the experience is substantially equivalent to |
| 13 | | that gained working for an Illinois licensed private |
| 14 | | detective agency. An
applicant who has a baccalaureate |
| 15 | | degree, or higher, in law
enforcement 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 of |
| 18 | | the required experience. An applicant who
has an associate |
| 19 | | degree in law enforcement or in a related
field or in |
| 20 | | business from an accredited college or university
shall be |
| 21 | | given credit for one of the 3 years of the required
|
| 22 | | experience. An applicant who has completed a non-degree
|
| 23 | | military training program in law enforcement or a
related |
| 24 | | field shall be given credit for one of the 3 years
of the |
| 25 | | required experience if the Board and the Department
|
| 26 | | determine that such training is substantially equivalent
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| 1 | | to that received in an associate degree program.
|
| 2 | | (7) Has not been dishonorably discharged from the
|
| 3 | | armed forces of the United States or has not been |
| 4 | | discharged
from a law enforcement agency of the United |
| 5 | | States or of any
state or of any political subdivision |
| 6 | | thereof, which shall
include a state's attorney's office, |
| 7 | | for reasons relating to his
or her conduct as an employee |
| 8 | | of that law enforcement agency.
|
| 9 | | (8) Has passed an examination authorized by the
|
| 10 | | Department.
|
| 11 | | (9) Submits the applicant's his or her fingerprints, |
| 12 | | proof of having
general liability insurance required under |
| 13 | | subsection (b), and
the required license fee.
|
| 14 | | (10) Has not violated Section 10-5 of this Act.
|
| 15 | | (b) It is the responsibility of the applicant to obtain
|
| 16 | | general liability insurance in an amount and coverage
|
| 17 | | appropriate for the applicant's circumstances as determined by
|
| 18 | | rule. The applicant shall provide evidence of insurance to
the |
| 19 | | Department before being issued a license. Failure to
maintain |
| 20 | | general liability insurance and to provide the
Department with |
| 21 | | written proof of the insurance shall result in
cancellation of |
| 22 | | the license without hearing.
|
| 23 | | (c) (Blank). Any person who has been providing canine odor |
| 24 | | detection services for hire prior to January 1, 2005 is exempt |
| 25 | | from the requirements of item (6) of subsection (a) of this |
| 26 | | Section and may be granted a private detective license if (i) |
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| 1 | | he or she meets the requirements of items (1) through (5) and |
| 2 | | items (7) through (10) of subsection (a) of this Section, (ii) |
| 3 | | pays all applicable fees, and (iii) presents satisfactory |
| 4 | | evidence to the Department of the provision of canine odor |
| 5 | | detection services for hire since January 1, 2005.
|
| 6 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 7 | | (225 ILCS 447/15-15)
|
| 8 | | (Section scheduled to be repealed on January 1, 2024)
|
| 9 | | Sec. 15-15. Qualifications for licensure as a private
|
| 10 | | detective agency. |
| 11 | | (a) Upon receipt of the required fee and proof that the
|
| 12 | | applicant has a full-time Illinois licensed private detective |
| 13 | | licensee-in-charge, which
is a continuing requirement for |
| 14 | | agency
licensure, the Department shall issue a
license as a |
| 15 | | private detective agency to any of the following:
|
| 16 | | (1) An individual who submits an application and is
a |
| 17 | | licensed private detective under this Act.
|
| 18 | | (2) A firm that submits an application and all of
the |
| 19 | | members of the firm are licensed private detectives under
|
| 20 | | this Act.
|
| 21 | | (3) A corporation or limited liability company
doing |
| 22 | | business in Illinois that is authorized to engage in the |
| 23 | | business of
conducting a private detective agency, |
| 24 | | provided at least one
full-time executive employee is |
| 25 | | licensed as a private
detective under this Act and all |
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| 1 | | unlicensed
officers and directors of the corporation or |
| 2 | | limited liability
company are determined by the Department |
| 3 | | to be persons of good
moral character.
|
| 4 | | (b) No private detective may be the licensee-in-charge
for |
| 5 | | more than one private detective agency. Upon written
request |
| 6 | | by a representative of an agency, within 10 days after
the loss |
| 7 | | of a licensee-in-charge of an agency because of the
death of |
| 8 | | that individual or because of the termination of the
|
| 9 | | employment of that individual, the Department shall issue a
|
| 10 | | temporary certificate of authority allowing the continuing
|
| 11 | | operation of the licensed agency. No temporary certificate of
|
| 12 | | authority shall be valid for more than 90 days. An extension
of |
| 13 | | an additional 90 days may be granted upon written request
by |
| 14 | | the representative of the agency. Not more than 2
extensions |
| 15 | | may be granted to any agency. No temporary permit
shall be |
| 16 | | issued for a loss of the licensee-in-charge because
of |
| 17 | | disciplinary action by the Department related to
the |
| 18 | | licensee-in-charge's his or her conduct on behalf of the |
| 19 | | agency.
|
| 20 | | (c) Upon issuance of the temporary certificate of |
| 21 | | authority as provided for in subsection (b) of this Section, |
| 22 | | and at any time thereafter while the temporary certificate of |
| 23 | | authority is in effect, the Department may request in writing |
| 24 | | additional information from the agency regarding the loss of |
| 25 | | its licensee-in-charge, the selection of a new |
| 26 | | licensee-in-charge, and the management of the agency. Failure |
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| 1 | | of the
agency to respond or respond to the satisfaction of the
|
| 2 | | Department shall cause the Department to deny any extension
of |
| 3 | | the temporary certificate of authority. While the
temporary |
| 4 | | certificate of authority is in effect, the
Department may |
| 5 | | disapprove the selection of a new licensee-in-charge
by the |
| 6 | | agency if the person's license is not operative
or the |
| 7 | | Department has good cause to believe that the person
selected |
| 8 | | will not fully exercise the responsibilities of a
|
| 9 | | licensee-in-charge. If the Department has disapproved the
|
| 10 | | selection of a new licensee-in-charge and the temporary
|
| 11 | | certificate of authority expires or is about to expire
without |
| 12 | | the agency selecting another new licensee-in-charge,
the |
| 13 | | Department shall grant an extension of the temporary
|
| 14 | | certificate of authority for an additional 90 days, except as
|
| 15 | | otherwise prohibited in subsection (b) or this subsection (c). |
| 16 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 17 | | (225 ILCS 447/15-25)
|
| 18 | | (Section scheduled to be repealed on January 1, 2024)
|
| 19 | | Sec. 15-25. Training; private detective and employees.
|
| 20 | | (a) Registered employees of a private detective agency
|
| 21 | | shall complete, within 30 days of their employment, a minimum
|
| 22 | | of 20 hours of basic training provided by a qualified |
| 23 | | instructor.
The substance of the training shall be related to |
| 24 | | the work
performed by the registered employee. The training |
| 25 | | may be classroom-based or online Internet-based but shall not |
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| 1 | | be conducted as on-the-job training.
|
| 2 | | (a-5) In addition to the basic training required in |
| 3 | | subsection (a), registered employees of a private detective |
| 4 | | agency shall complete an additional minimum of 8 hours of |
| 5 | | annual training for every calendar year, commencing with the |
| 6 | | calendar year beginning after the employee's hire date. |
| 7 | | (a-10) Annual training for registered employees shall be |
| 8 | | based on subjects related to the work performed as determined |
| 9 | | by the employer and may be conducted in a classroom or seminar |
| 10 | | setting or via Internet-based online learning programs. Annual |
| 11 | | training may not be conducted as on-the-job training. |
| 12 | | (b) It is the responsibility of the employer to certify,
|
| 13 | | on a form provided by the Department, that the employee has
|
| 14 | | successfully completed the basic and annual training. The |
| 15 | | original form or a copy shall be a
permanent record of training |
| 16 | | completed by the employee and
shall be placed in the |
| 17 | | employee's file with the employer for
the period the employee |
| 18 | | remains with the employer. The original form or a copy shall be |
| 19 | | given to the employee when
the employee's his or her |
| 20 | | employment is terminated. Failure to return the
original form |
| 21 | | or a copy to the employee is grounds for disciplinary
action. |
| 22 | | The employee shall not be required to repeat the
required |
| 23 | | training once the employee has been issued the form.
An |
| 24 | | employer may provide or require additional training.
|
| 25 | | (c) (Blank).
|
| 26 | | (d) All private detectives shall complete a minimum of 8 |
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| 1 | | hours of annual training on a topic of their choosing, |
| 2 | | provided that the subject matter is reasonably related to |
| 3 | | their private detective practice. The annual training for |
| 4 | | private detectives may be completed utilizing any combination |
| 5 | | of hours obtained in a classroom or seminar setting or via |
| 6 | | Internet-based online learning programs. The Department shall |
| 7 | | adopt rules to administer this subsection. |
| 8 | | (e) The annual training requirements for private |
| 9 | | detectives shall not apply until the calendar year following |
| 10 | | the issuance of the private detective license. |
| 11 | | (f) It shall be the responsibility of the private |
| 12 | | detective to keep and maintain a personal log of all training |
| 13 | | hours earned along with sufficient documentation for the |
| 14 | | Department to verify the annual training completed for at |
| 15 | | least 5 years. The personal training log and documentation |
| 16 | | shall be provided to the Department in the same manner as other |
| 17 | | documentation and records required under this Act. |
| 18 | | (g) If the private detective owns or is employed by a |
| 19 | | private detective agency, the private detective agency shall |
| 20 | | maintain a record of the annual training. The private |
| 21 | | detective agency must make the record of annual training |
| 22 | | available to the Department upon request. |
| 23 | | (h) Recognizing the diverse professional practices of |
| 24 | | private detectives licensed under this Act, it is the intent |
| 25 | | of the training requirements in this Section to allow for a |
| 26 | | broad interpretation of the coursework, seminar subjects, or |
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| 1 | | class topics to be considered reasonably related to the |
| 2 | | practice of any profession licensed under this Act. |
| 3 | | (i) Notwithstanding any other professional license a |
| 4 | | private detective holds under this Act, no more than 8 hours of |
| 5 | | annual training shall be required for any one year. |
| 6 | | (Source: P.A. 102-152, eff. 1-1-22.)
|
| 7 | | (225 ILCS 447/20-10)
|
| 8 | | (Section scheduled to be repealed on January 1, 2024)
|
| 9 | | Sec. 20-10. Qualifications for licensure as a private
|
| 10 | | alarm contractor. |
| 11 | | (a) A person is qualified for licensure as a private
alarm |
| 12 | | contractor if the person he or she meets all of the following
|
| 13 | | requirements:
|
| 14 | | (1) Is at least 21 years of age.
|
| 15 | | (2) Has not been convicted of any felony in any
|
| 16 | | jurisdiction or at least 10 years have elapsed since the |
| 17 | | time
of full discharge from a sentence imposed for a |
| 18 | | felony
conviction.
|
| 19 | | (3) Is of good moral character. Good moral
character |
| 20 | | is a continuing requirement of licensure.
Conviction of |
| 21 | | crimes other than felonies may be used in
determining |
| 22 | | moral character, but shall not constitute an
absolute bar |
| 23 | | to licensure, except where the applicant is a registered |
| 24 | | sex offender.
|
| 25 | | (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 |
| 3 | | subsequently declared
him or her to be competent.
|
| 4 | | (5) Is not suffering from dependence on alcohol or
|
| 5 | | from narcotic addiction or dependence.
|
| 6 | | (6) Has a minimum of 3 years experience during the 5
|
| 7 | | years immediately preceding the application (i) working as |
| 8 | | a full-time
manager for a licensed private alarm |
| 9 | | contractor agency or (ii) working for
a government, one of |
| 10 | | the armed forces of the United States, or private entity |
| 11 | | that inspects, reviews, designs, sells, installs, |
| 12 | | operates, services, or monitors
alarm systems that, in the |
| 13 | | judgment of the Board, satisfies
the standards of alarm |
| 14 | | industry competence. The Board and the Department may
|
| 15 | | accept, in lieu of the experience requirement in this
item |
| 16 | | (6), alternative experience working as a full-time
manager |
| 17 | | for a private alarm contractor agency licensed in
another |
| 18 | | state or for a private alarm contractor agency in
a state |
| 19 | | that does not license such agencies, if the
experience is |
| 20 | | substantially equivalent to that
gained working for an |
| 21 | | Illinois licensed private alarm
contractor agency. An |
| 22 | | applicant who
has received a 4-year degree or higher in |
| 23 | | electrical
engineering or a related field from a program |
| 24 | | approved by the
Board or a business degree from an |
| 25 | | accredited college or university shall be given credit for |
| 26 | | 2 years of the required
experience. An applicant who has |
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| 1 | | successfully completed a
national certification program |
| 2 | | approved by the Board shall be
given credit for one year of |
| 3 | | the required experience.
|
| 4 | | (7) Has not been dishonorably discharged from the
|
| 5 | | armed forces of the United States.
|
| 6 | | (8) Has passed an examination authorized by the
|
| 7 | | Department.
|
| 8 | | (9) Submits the applicant's his or her fingerprints, |
| 9 | | proof of
having general liability insurance required under |
| 10 | | subsection
(c), and the required license fee.
|
| 11 | | (10) Has not violated Section 10-5 of this Act.
|
| 12 | | (b) (Blank).
|
| 13 | | (c) It is the responsibility of the applicant to obtain
|
| 14 | | general liability insurance in an amount and coverage
|
| 15 | | appropriate for the applicant's circumstances as determined by
|
| 16 | | rule. The applicant shall provide evidence of insurance to
the |
| 17 | | Department before being issued a license. Failure to
maintain |
| 18 | | general liability insurance and to provide the
Department with |
| 19 | | written proof of the insurance shall result in
cancellation of |
| 20 | | the license without hearing.
|
| 21 | | (Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
|
| 22 | | (225 ILCS 447/20-15)
|
| 23 | | (Section scheduled to be repealed on January 1, 2024)
|
| 24 | | Sec. 20-15. Qualifications for licensure as a private
|
| 25 | | alarm contractor agency. |
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| 1 | | (a) Upon receipt of the required fee and proof that the
|
| 2 | | applicant has a full-time Illinois licensed private alarm
|
| 3 | | contractor licensee-in-charge, which is a continuing |
| 4 | | requirement for
agency licensure, the Department shall issue
a |
| 5 | | license as a private alarm contractor agency to
any of the |
| 6 | | following:
|
| 7 | | (1) An individual who submits an application and is
a |
| 8 | | licensed private alarm contractor under this Act.
|
| 9 | | (2) A firm that submits an application and all of
the |
| 10 | | members of the firm are licensed private alarm
contractors |
| 11 | | under this Act.
|
| 12 | | (3) A corporation or limited liability company
doing |
| 13 | | business in Illinois that is authorized by its articles
of |
| 14 | | incorporation or organization to engage in the business of
|
| 15 | | conducting a private alarm contractor agency if at least |
| 16 | | one
executive employee is licensed as a private alarm |
| 17 | | contractor
under this Act and all unlicensed officers and |
| 18 | | directors of
the corporation or limited liability company |
| 19 | | are determined by
the Department to be persons of good |
| 20 | | moral character.
|
| 21 | | (b) No private alarm contractor may be the |
| 22 | | licensee-in-charge for more than one private alarm
contractor |
| 23 | | agency. Upon written request by a representative
of an agency, |
| 24 | | within 10 days after the loss of a licensee-in-charge of an |
| 25 | | agency because of the
death of that individual or because of |
| 26 | | the termination of the
employment of that individual, the |
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| 1 | | Department shall issue a
temporary certificate of authority |
| 2 | | allowing the continuing
operation of the licensed agency. No |
| 3 | | temporary certificate of
authority shall be valid for more |
| 4 | | than 90 days. An extension
of an additional 90 days may be |
| 5 | | granted upon written request
by the representative of the |
| 6 | | agency. Not more than 2
extensions may be granted to any |
| 7 | | agency. No temporary permit
shall be issued for loss of the |
| 8 | | licensee-in-charge because of
disciplinary action by the |
| 9 | | Department related to
the licensee-in-charge's his or her |
| 10 | | conduct on behalf of the agency.
|
| 11 | | (c) No private alarm contractor, private alarm
contractor |
| 12 | | agency, or person may install or connect an alarm
system or |
| 13 | | fire alarm system that connects automatically and
directly to |
| 14 | | a governmentally operated police or fire dispatch
system in a |
| 15 | | manner that violates subsection (a) of Section
15.2 of the |
| 16 | | Emergency Telephone System Act. In addition to
the penalties |
| 17 | | provided by the Emergency Telephone System Act,
a private |
| 18 | | alarm contractor agency that violates this Section
shall pay |
| 19 | | the Department an additional penalty of $250 per
occurrence.
|
| 20 | | (d) Upon issuance of the temporary certificate of
|
| 21 | | authority as provided for in subsection (b) of this Section
|
| 22 | | and at any time thereafter while the temporary certificate of
|
| 23 | | authority is in effect, the Department may request in writing
|
| 24 | | additional information from the agency regarding the loss of
|
| 25 | | its licensee-in-charge, the selection of a new |
| 26 | | licensee-in-charge,
and the management of the agency. Failure |
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| 1 | | of the
agency to respond or respond to the satisfaction of the
|
| 2 | | Department shall cause the Department to deny any extension of
|
| 3 | | the temporary certificate of authority. While the temporary
|
| 4 | | certificate of authority is in effect, the Department may
|
| 5 | | disapprove the selection of a new licensee-in-charge by the
|
| 6 | | agency if the person's license is not operative or the
|
| 7 | | Department has good cause to believe that the person selected
|
| 8 | | will not fully exercise the responsibilities of a |
| 9 | | licensee-in-charge.
If the Department has disapproved the |
| 10 | | selection of another
new licensee-in-charge and the temporary |
| 11 | | certificate of
authority expires or is about to expire without |
| 12 | | the agency
selecting a new licensee-in-charge, the Department |
| 13 | | shall
grant an extension of the temporary certificate of |
| 14 | | authority
for an additional 90 days, except as otherwise |
| 15 | | prohibited in
subsection (b) or this subsection (d). |
| 16 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 17 | | (225 ILCS 447/20-20)
|
| 18 | | (Section scheduled to be repealed on January 1, 2024)
|
| 19 | | Sec. 20-20. Training; private alarm contractor and
|
| 20 | | employees. |
| 21 | | (a) Registered employees of the private alarm contractor
|
| 22 | | agency who carry a firearm and respond to alarm systems shall
|
| 23 | | complete, within 30 days of their employment, a minimum of 20
|
| 24 | | hours of classroom training provided by a qualified instructor
|
| 25 | | and shall include all of the following subjects:
|
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| 1 | | (1) The law regarding arrest and search and seizure
as |
| 2 | | it applies to the private alarm industry.
|
| 3 | | (2) Civil and criminal liability for acts related
to |
| 4 | | the private alarm industry.
|
| 5 | | (3) The use of force, including but not limited to
the |
| 6 | | use of nonlethal force (i.e., disabling spray, baton,
|
| 7 | | stungun, or similar weapon).
|
| 8 | | (4) Arrest and control techniques.
|
| 9 | | (5) The offenses under the Criminal Code of 2012
that |
| 10 | | are directly related to the protection of persons and
|
| 11 | | property.
|
| 12 | | (6) The law on private alarm forces and on
reporting |
| 13 | | to law enforcement agencies.
|
| 14 | | (7) Fire prevention, fire equipment, and fire
safety.
|
| 15 | | (8) Civil rights and public relations.
|
| 16 | | (9) The identification of terrorists, acts of |
| 17 | | terrorism, and terrorist organizations, as defined by |
| 18 | | federal and State statutes.
|
| 19 | | Pursuant to directives set forth by the U.S. Department of |
| 20 | | Homeland Security and the provisions set forth by the National |
| 21 | | Fire Protection Association in the National Fire Alarm Code |
| 22 | | and the Life Safety Code, training may include the |
| 23 | | installation, repair, and maintenance of emergency |
| 24 | | communication systems and mass notification systems. |
| 25 | | (b) All other employees of a private alarm contractor
|
| 26 | | agency shall complete a minimum of 20 hours of basic training
|
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| 1 | | provided by a qualified instructor within 30 days of their
|
| 2 | | employment. The training may be provided in a classroom or |
| 3 | | seminar setting or via Internet-based online learning |
| 4 | | programs. The substance of the training shall be related to
|
| 5 | | the work performed by the registered employee.
|
| 6 | | (c) It is the responsibility of the employer to certify,
|
| 7 | | on forms provided by the Department, that the employee
has |
| 8 | | successfully completed the training. The original form or a |
| 9 | | copy shall be a
permanent record of training completed by the |
| 10 | | employee and
shall be placed in the employee's file with the |
| 11 | | employer for
the term the employee is retained by the
|
| 12 | | employer. A private alarm contractor agency may place a
copy |
| 13 | | of the Department form in lieu of the original
into the |
| 14 | | permanent employee registration card file. The original
form |
| 15 | | or a copy shall be returned to the employee when the employee's |
| 16 | | his
or her employment is terminated. Failure to return the |
| 17 | | original
form or a copy to the employee is grounds for |
| 18 | | discipline. The employee shall not be
required to
complete the |
| 19 | | training required under this Act
once the employee has been |
| 20 | | issued a form.
|
| 21 | | (d) Nothing in this Act prevents any employer from
|
| 22 | | providing or requiring additional training beyond the required
|
| 23 | | 20 hours that the employer feels is necessary and appropriate
|
| 24 | | for competent job performance.
|
| 25 | | (e) Any certification of completion of the 20-hour
basic |
| 26 | | training issued under the Private Detective, Private
Alarm, |
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| 1 | | Private Security, and Locksmith Act of 1993 or any
prior Act |
| 2 | | shall be accepted as proof of training under this
Act.
|
| 3 | | (Source: P.A. 102-152, eff. 1-1-22.)
|
| 4 | | (225 ILCS 447/25-5)
|
| 5 | | (Section scheduled to be repealed on January 1, 2024)
|
| 6 | | Sec. 25-5. Exemptions; private security contractor. The
|
| 7 | | provisions of this Act related to licensure of a private
|
| 8 | | security contractor do not apply to any of the following:
|
| 9 | | (1) An employee of the United States, Illinois, or a
|
| 10 | | political subdivision of either while the employee is |
| 11 | | engaged
in the performance of the employee's his or her |
| 12 | | official duties within the
scope of the employee's his or |
| 13 | | her employment. However, any such person who
offers the |
| 14 | | person's his or her services as a private security |
| 15 | | contractor or
uses a similar title when these services are |
| 16 | | performed for
compensation or other consideration, whether |
| 17 | | received directly
or indirectly, is subject to this Act.
|
| 18 | | (2) A person employed as either an armed or unarmed
|
| 19 | | security officer at a nuclear energy, storage, weapons, or
|
| 20 | | development site or facility regulated by the United |
| 21 | | States
Nuclear Regulatory Commission who has completed the |
| 22 | | background
screening and training mandated by the |
| 23 | | regulations of the
United States Nuclear Regulatory |
| 24 | | Commission.
|
| 25 | | (3) A person, watchman, or proprietary security |
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| 1 | | officer
employed exclusively by only one employer in |
| 2 | | connection with
the exclusive activities of that employer.
|
| 3 | | (Source: P.A. 93-438, eff. 8-5-03.)
|
| 4 | | (225 ILCS 447/25-10)
|
| 5 | | (Section scheduled to be repealed on January 1, 2024)
|
| 6 | | Sec. 25-10. Qualifications for licensure as a private
|
| 7 | | security contractor. |
| 8 | | (a) A person is qualified for licensure as a private
|
| 9 | | security contractor if the person he or she meets all of the |
| 10 | | following
requirements:
|
| 11 | | (1) Is at least 21 years of age.
|
| 12 | | (2) Has not been convicted of any felony in any
|
| 13 | | jurisdiction or at least 10 years have elapsed since the |
| 14 | | time
of full discharge from a sentence imposed for a |
| 15 | | felony
conviction.
|
| 16 | | (3) Is of good moral character. Good character is
a |
| 17 | | continuing requirement of licensure. Conviction of crimes
|
| 18 | | other than felonies may be used in determining moral
|
| 19 | | character, but shall not constitute an absolute bar to
|
| 20 | | licensure, except where the applicant is a registered sex
|
| 21 | | offender.
|
| 22 | | (4) Has not been declared by any court of competent
|
| 23 | | jurisdiction to be incompetent by reason of mental or |
| 24 | | physical
defect or disease, unless a court has |
| 25 | | subsequently declared
him or her to be competent.
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| 1 | | (5) Is not suffering from dependence on alcohol or
|
| 2 | | from narcotic addiction or dependence.
|
| 3 | | (6) Has a minimum of 3 years experience of the 5
years |
| 4 | | immediately preceding application working as a full-time
|
| 5 | | manager for a licensed private security contractor agency |
| 6 | | or a
manager of a proprietary security force of 30 or more |
| 7 | | persons
registered with the Department or with 3 years |
| 8 | | experience of
the 5 years immediately preceding his or her |
| 9 | | application
employed as a full-time supervisor for
an |
| 10 | | in-house security unit for a corporation having 100 or
|
| 11 | | more employees, for a military police or related security
|
| 12 | | unit in any of the armed forces of the United States, or in |
| 13 | | a law enforcement agency
of the federal government, a |
| 14 | | state, or a state political subdivision, which shall
|
| 15 | | include a state's attorney's office, a public defender's
|
| 16 | | office, or the Department of Corrections. The Board and |
| 17 | | the Department shall approve such full-time supervisory
|
| 18 | | experience and may accept, in lieu
of the experience |
| 19 | | requirement in this subsection,
alternative experience |
| 20 | | working as a full-time manager for
a private security |
| 21 | | contractor agency licensed in another
state or for a |
| 22 | | private security contractor agency in a
state that does |
| 23 | | not license such agencies if the
experience is |
| 24 | | substantially equivalent to that
gained working for an |
| 25 | | Illinois licensed private security
contractor agency. An |
| 26 | | applicant who has a
baccalaureate degree or higher in |
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| 1 | | police science or a related
field or a business degree |
| 2 | | from an accredited college or
university shall be given |
| 3 | | credit for 2 of the 3 years of the
required experience. An |
| 4 | | applicant who has completed a non-degree military training |
| 5 | | program in police science or a related field shall be |
| 6 | | given credit for one of the 3 years of the required |
| 7 | | experience if the Board and the Department determine that |
| 8 | | such training is substantially equivalent to that received |
| 9 | | in an associate degree program. An applicant who has an |
| 10 | | associate degree
in police science or in a related field |
| 11 | | or in business from an
accredited college or university |
| 12 | | shall be given credit for one
of the 3 years of the |
| 13 | | required experience.
|
| 14 | | (7) Has not been dishonorably discharged from the
|
| 15 | | armed forces of the United States.
|
| 16 | | (8) Has passed an examination authorized by the
|
| 17 | | Department.
|
| 18 | | (9) Submits the applicant's his or her fingerprints, |
| 19 | | proof of having
general liability insurance required under |
| 20 | | subsection (b), and
the required license fee.
|
| 21 | | (10) Has not violated Section 10-5 of this Act.
|
| 22 | | (b) It is the responsibility of the applicant to obtain
|
| 23 | | general liability insurance in an amount and coverage
|
| 24 | | appropriate for the applicant's circumstances as determined by
|
| 25 | | rule. The applicant shall provide evidence of insurance to
the |
| 26 | | Department before being issued a license. Failure to
maintain |
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| 1 | | general liability insurance and to provide the
Department with |
| 2 | | written proof of the insurance shall result in
cancellation of |
| 3 | | the license without hearing. |
| 4 | | (c) (Blank). Any person who has been providing canine odor |
| 5 | | detection services for hire prior to January 1, 2005 is exempt |
| 6 | | from the requirements of item (6) of subsection (a) of this |
| 7 | | Section and may be granted a private security contractor |
| 8 | | license if (i) he or she meets the requirements of items (1) |
| 9 | | through (5) and items (7) through (10) of subsections (a) of |
| 10 | | this Section, (ii) pays all applicable fees, and (iii) |
| 11 | | presents satisfactory evidence to the Department of the |
| 12 | | provision of canine odor detection services for hire since |
| 13 | | January 1, 2005.
|
| 14 | | (Source: P.A. 100-181, eff. 8-18-17.)
|
| 15 | | (225 ILCS 447/25-15)
|
| 16 | | (Section scheduled to be repealed on January 1, 2024)
|
| 17 | | Sec. 25-15. Qualifications for licensure as a private
|
| 18 | | security contractor agency. |
| 19 | | (a) Upon receipt of the required fee and proof that the
|
| 20 | | applicant has a full-time Illinois licensed private security
|
| 21 | | licensee-in-charge, which is a continuing requirement for
|
| 22 | | agency licensure, the Department shall issue
a license as a |
| 23 | | private security contractor agency
to any of the following:
|
| 24 | | (1) An individual who submits an application and is
a |
| 25 | | licensed private security contractor under this Act.
|
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| 1 | | (2) A firm that submits an application and all of
the |
| 2 | | members of the firm are licensed private security
|
| 3 | | contractors under this Act.
|
| 4 | | (3) A corporation or limited liability company
doing |
| 5 | | business in Illinois that is authorized to engage in the |
| 6 | | business of
conducting a private security contractor |
| 7 | | agency if at least
one officer or executive employee is |
| 8 | | licensed as a private
security contractor under this Act |
| 9 | | and all unlicensed
officers and directors of the |
| 10 | | corporation or limited liability
company are determined by |
| 11 | | the Department to be persons of good
moral character.
|
| 12 | | (b) No private security contractor may be the |
| 13 | | licensee-in-charge for more than one
private security |
| 14 | | contractor agency. Upon written request by a
representative of |
| 15 | | the agency, within 10 days after the loss of
a |
| 16 | | licensee-in-charge of an agency
because of the death of that |
| 17 | | individual or because of the
termination of the employment of |
| 18 | | that individual, the
Department shall issue a temporary |
| 19 | | certificate of authority
allowing the continuing operation of |
| 20 | | the licensed agency. No
temporary certificate of authority |
| 21 | | shall be valid for more
than 90 days. An extension of an |
| 22 | | additional 90 days may be
granted upon written request by the |
| 23 | | representative of the
agency. Not more than 2 extensions may |
| 24 | | be granted to any
agency. No temporary permit shall be issued |
| 25 | | for loss of the
licensee-in-charge because of disciplinary |
| 26 | | action by the
Department related to the licensee-in-charge's |
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| 1 | | his or her conduct on behalf of the
agency.
|
| 2 | | (c) Upon issuance of the temporary certificate of |
| 3 | | authority as provided for in subsection (b) of this Section |
| 4 | | and at any time thereafter while the temporary certificate of |
| 5 | | authority is in effect, the Department may request in writing |
| 6 | | additional information from the agency regarding the loss of |
| 7 | | its licensee-in-charge, the selection of a new |
| 8 | | licensee-in-charge, and the management of the agency. Failure |
| 9 | | of the agency to respond or respond to the satisfaction of the
|
| 10 | | Department shall cause the Department to deny any extension
of |
| 11 | | the temporary certificate of authority. While the
temporary |
| 12 | | certificate of authority is in effect, the
Department may |
| 13 | | disapprove the selection of a new licensee-in-charge
by the |
| 14 | | agency if the person's license is not operative
or the |
| 15 | | Department has good cause to believe that the person
selected |
| 16 | | will not fully exercise the responsibilities of a
|
| 17 | | licensee-in-charge. If the Department has disapproved the
|
| 18 | | selection of a new licensee-in-charge and the temporary
|
| 19 | | certificate of authority expires or is about to expire
without |
| 20 | | the agency selecting another new licensee-in-charge,
the |
| 21 | | Department shall grant an extension of the temporary
|
| 22 | | certificate of authority for an additional 90 days, except as
|
| 23 | | otherwise prohibited in subsection (b) or this subsection (c). |
| 24 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 25 | | (225 ILCS 447/25-20)
|
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| 1 | | (Section scheduled to be repealed on January 1, 2024)
|
| 2 | | Sec. 25-20. Training; private security contractor and
|
| 3 | | employees. |
| 4 | | (a) Registered employees of the private security
|
| 5 | | contractor agency who provide traditional guarding or other
|
| 6 | | private security related functions or who respond to alarm
|
| 7 | | systems shall complete, within 30 days of their employment, a
|
| 8 | | minimum of 20 hours of basic training, which may be provided in |
| 9 | | a classroom or seminar setting or via Internet-based online |
| 10 | | learning programs, and shall be provided by a
qualified |
| 11 | | instructor, which shall include the following
subjects:
|
| 12 | | (1) The law regarding arrest and search and seizure
as |
| 13 | | it applies to private security.
|
| 14 | | (2) Civil and criminal liability for acts related
to |
| 15 | | private security.
|
| 16 | | (3) The use of force, including but not limited to
the |
| 17 | | use of nonlethal force (i.e., disabling spray, baton,
|
| 18 | | stungun, taser, or similar weapon).
|
| 19 | | (4) Verbal communication skills.
|
| 20 | | (5) The offenses under the Criminal Code of 2012
that |
| 21 | | are directly related to the protection of persons and
|
| 22 | | property.
|
| 23 | | (6) Private security officers and the criminal justice |
| 24 | | system.
|
| 25 | | (7) Fire prevention, fire equipment, and fire
safety.
|
| 26 | | (8) Report writing and observation techniques.
|
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| 1 | | (9) Customer service, civil rights, and public |
| 2 | | relations.
|
| 3 | | (10) The identification of terrorists, acts of |
| 4 | | terrorism, and terrorist organizations, as defined by |
| 5 | | federal and State statutes.
|
| 6 | | (b) All other employees of a private security contractor
|
| 7 | | agency shall complete a minimum of 20 hours of basic training
|
| 8 | | provided by the qualified instructor within 30 days of their
|
| 9 | | employment. The training may be provided in a classroom or |
| 10 | | seminar setting or via Internet-based online learning |
| 11 | | programs. The substance of the training shall be related to
|
| 12 | | the work performed by the registered employee.
|
| 13 | | (c) Registered employees of the private security |
| 14 | | contractor agency who
provide
guarding or other private |
| 15 | | security related functions, in addition to the basic
training
|
| 16 | | required under subsection (a), within 6 months of their |
| 17 | | employment,
shall complete
an additional 8 hours of training |
| 18 | | on subjects to be determined by the
employer, which
training |
| 19 | | may be site-specific and may be conducted on the job. The |
| 20 | | training may be provided in a classroom or seminar setting or |
| 21 | | via Internet-based online learning programs.
|
| 22 | | (d) In addition to the basic training provided for in |
| 23 | | subsections (a) and
(c),
registered employees of the private |
| 24 | | security contractor agency who provide
guarding or other
|
| 25 | | private security related functions
shall complete an
|
| 26 | | additional
8 hours of refresher training on subjects to be |
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| 1 | | determined by the
employer
each calendar year commencing with |
| 2 | | the
calendar year
following the employee's first employment |
| 3 | | anniversary date,
which
refresher training may be |
| 4 | | site-specific and may be conducted on the job.
|
| 5 | | (e) It is the responsibility of the employer to certify,
|
| 6 | | on a form provided by the Department, that the employee has
|
| 7 | | successfully completed the basic and refresher training. The |
| 8 | | original
form or a copy shall be a permanent record of training |
| 9 | | completed by the
employee and shall be placed in the |
| 10 | | employee's file with the
employer for the period the employee |
| 11 | | remains with the
employer. The original form or a copy shall be
|
| 12 | | given to the employee when the employee's his or her |
| 13 | | employment is
terminated. Failure to return the original form |
| 14 | | or a copy to the
employee is grounds for disciplinary action. |
| 15 | | The employee
shall not be required to repeat the required |
| 16 | | training once the
employee has been issued the form. An |
| 17 | | employer may provide or
require additional training.
|
| 18 | | (f) (Blank).
|
| 19 | | (g) All private security contractors shall complete a |
| 20 | | minimum of 4 hours of annual training on a topic of their |
| 21 | | choosing, provided that the subject matter of the training is |
| 22 | | reasonably related to their private security contractor |
| 23 | | practice. The training may be provided in a classroom setting |
| 24 | | or seminar setting or via Internet-based online learning |
| 25 | | programs. The Department shall adopt rules to administer this |
| 26 | | subsection. |
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| 1 | | (h) It shall be the responsibility of the private security |
| 2 | | contractor to keep and maintain a personal log of all training |
| 3 | | hours earned along with sufficient documentation necessary for |
| 4 | | the Department to verify the annual training completed for at |
| 5 | | least 5 years. The personal training log and documentation |
| 6 | | shall be provided to the Department in the same manner as other |
| 7 | | documentation and records required under this Act. |
| 8 | | (i) If the private security contractor owns or is employed |
| 9 | | by a private security contractor agency, the private security |
| 10 | | contractor agency shall maintain a record of the annual |
| 11 | | training. The private security contractor agency must make the |
| 12 | | record of annual training available to the Department upon |
| 13 | | request. |
| 14 | | (j) Recognizing the diverse professional practices of |
| 15 | | private security contractors licensed under this Act, it is |
| 16 | | the intent of the training requirements in this Section to |
| 17 | | allow for a broad interpretation of the coursework, seminar |
| 18 | | subjects, or class topics to be considered reasonably related |
| 19 | | to the practice of any profession licensed under this Act. |
| 20 | | (k) Notwithstanding any other professional license a |
| 21 | | private security contractor holds under this Act, no more than |
| 22 | | 4 hours of annual training shall be required for any one year. |
| 23 | | (l) The annual training requirements for private security |
| 24 | | contractors shall not apply until the calendar year following |
| 25 | | the issuance of the private security contractor license. |
| 26 | | (Source: P.A. 102-152, eff. 1-1-22.)
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| 1 | | (225 ILCS 447/25-30)
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| 2 | | (Section scheduled to be repealed on January 1, 2024)
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| 3 | | Sec. 25-30. Uniforms.
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| 4 | | (a) No licensee under this Act or any employee of a
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| 5 | | licensed agency shall wear or display a badge, shoulder patch
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| 6 | | or other identification that contains the words "law" or |
| 7 | | "enforcement". No license holder or employee of a licensed
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| 8 | | agency shall imply in any manner that the person is an
employee |
| 9 | | or agent of a governmental entity, display a badge or
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| 10 | | identification card, emblem, or uniform using the words
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| 11 | | "police", "sheriff", "highway patrol", "trooper", "law
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| 12 | | enforcement" or any similar term.
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| 13 | | (b) All military-style uniforms, if worn by
employees of a |
| 14 | | licensed private security contractor agency,
must bear the |
| 15 | | name of the private security contractor agency,
which shall be |
| 16 | | plainly visible on a patch, badge, or other
insignia.
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| 17 | | (c) All uniforms, if worn by employees of a licensed |
| 18 | | private security contractor agency, may only be worn in the |
| 19 | | performance of their duties or while commuting directly to or |
| 20 | | from the employee's place or places of employment.
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| 21 | | (d) Employees shall return any uniform, badge,
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| 22 | | identification card, or equipment issued, but not sold, to the
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| 23 | | employee by the agency and any badge or identification card |
| 24 | | issued to the employee by the agency within 72 hours of |
| 25 | | termination of
employment. |
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| 1 | | (e) Licensees under this Act of any employee of a
licensed |
| 2 | | agency are prohibited from using the Illinois State
Seal on |
| 3 | | badges, company logos, identification cards, patches,
or other |
| 4 | | insignia. |
| 5 | | (Source: P.A. 98-253, eff. 8-9-13.)
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| 6 | | (225 ILCS 447/30-5)
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| 7 | | (Section scheduled to be repealed on January 1, 2024)
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| 8 | | Sec. 30-5. Exemptions; locksmith. The provisions of this
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| 9 | | Act do not apply to any of the following if the person
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| 10 | | performing the service does not hold himself or herself out as
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| 11 | | a locksmith:
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| 12 | | (1) Automobile service dealers who service, install,
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| 13 | | repair, or rebuild automobile locks.
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| 14 | | (2) Police officers, firefighters, or municipal |
| 15 | | employees
who open a lock in an emergency situation.
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| 16 | | (3) A retail merchant selling locks or similar |
| 17 | | security
accessories, duplicating keys, or installing, |
| 18 | | programming,
repairing,
maintaining, reprogramming, |
| 19 | | rebuilding,
or
servicing electronic garage door devices.
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| 20 | | (4) A member of the building trades who installs or
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| 21 | | removes complete locks or locking devices in the course of
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| 22 | | residential or commercial new construction or remodeling.
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| 23 | | (5) An employee of a towing service, repossessor, |
| 24 | | roadside assistance service, or
automobile club opening |
| 25 | | automotive locks in the normal course
of the employee's |
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| 1 | | his or her duties. Additionally, this Act shall not
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| 2 | | prohibit an employee of a towing service or roadside |
| 3 | | assistance service from opening motor
vehicles to enable a |
| 4 | | vehicle to be moved without towing,
provided the towing |
| 5 | | service or roadside assistance service does not hold |
| 6 | | itself out to the
public, by directory advertisement, |
| 7 | | through a sign at the
facilities of the towing service or |
| 8 | | roadside assistance service, or by any other form of
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| 9 | | advertisement, as a locksmith.
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| 10 | | (6) A student in the course of study in locksmith
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| 11 | | programs approved by the Department.
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| 12 | | (7) Warranty service by a lock manufacturer or its
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| 13 | | employees on the manufacturer's own products.
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| 14 | | (8) A maintenance employee of a property management
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| 15 | | company at a multi-family residential building who |
| 16 | | services,
installs, repairs, or opens locks for tenants.
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| 17 | | (9) A person employed exclusively by only one employer
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| 18 | | in connection with the exclusive activities of that |
| 19 | | employer,
providing that person does not hold oneself |
| 20 | | himself or herself out to
the public as a locksmith.
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| 21 | | (10) Persons who have no access to confidential or
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| 22 | | security information and who otherwise do not provide
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| 23 | | traditional locksmith services, as defined in this Act, |
| 24 | | are
exempt from employee registration. Examples of exempt
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| 25 | | employees include, but are not limited to, employees |
| 26 | | working
in the capacity of key cutters, cashiers, drivers, |
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| 1 | | and
reception personnel. Confidential or security |
| 2 | | information is
that which pertains to employee files, |
| 3 | | scheduling, client
contracts, master key charts, access |
| 4 | | codes, or technical
security and alarm data.
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| 5 | | (Source: P.A. 98-253, eff. 8-9-13.)
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| 6 | | (225 ILCS 447/30-10)
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| 7 | | (Section scheduled to be repealed on January 1, 2024)
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| 8 | | Sec. 30-10. Qualifications for licensure as a locksmith.
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| 9 | | (a) A person is qualified for licensure as a locksmith
if |
| 10 | | the person he or she meets all of the following requirements:
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| 11 | | (1) Is at least 18 years of age.
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| 12 | | (2) Has not been convicted of any felony in any
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| 13 | | jurisdiction or at least 10 years have elapsed since the |
| 14 | | time
of full discharge from a sentence imposed for a |
| 15 | | felony
conviction.
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| 16 | | (3) Is of good moral character. Good moral
character |
| 17 | | is a continuing requirement of licensure.
Conviction of |
| 18 | | crimes other than felonies may be used in
determining |
| 19 | | moral character, but shall not constitute an
absolute bar |
| 20 | | to licensure, except where the applicant is a registered |
| 21 | | sex offender.
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| 22 | | (4) Has not been declared by any court of competent
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| 23 | | jurisdiction to be incompetent by reason of mental or |
| 24 | | physical
defect or disease, unless a court has |
| 25 | | subsequently declared
him or her to be competent.
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| 1 | | (5) Is not suffering from dependence on alcohol or
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| 2 | | from narcotic addiction or dependence.
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| 3 | | (6) Has not been dishonorably discharged from the
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| 4 | | armed forces of the United States.
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| 5 | | (7) Has passed an examination authorized by the
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| 6 | | Department.
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| 7 | | (8) Submits the applicant's his or her fingerprints,
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| 8 | | proof of having general liability insurance required under
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| 9 | | subsection (b), and the required license fee.
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| 10 | | (9) Has not violated Section 10-5 of this Act.
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| 11 | | (b) It is the responsibility of the applicant to obtain
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| 12 | | general liability insurance in an amount and coverage
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| 13 | | appropriate for the applicant's circumstances as determined by
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| 14 | | rule. The applicant shall provide evidence of insurance to
the |
| 15 | | Department before being issued a license. Failure to
maintain |
| 16 | | general liability insurance and to provide the
Department with |
| 17 | | written proof of the insurance shall result in
cancellation of |
| 18 | | the license without hearing. A locksmith employed by a
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| 19 | | licensed locksmith agency or employed by a private concern may
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| 20 | | provide proof that the locksmith's his or her actions as a |
| 21 | | locksmith are
covered by the liability insurance of the |
| 22 | | locksmith's his or her employer.
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| 23 | | (Source: P.A. 98-253, eff. 8-9-13.)
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| 24 | | (225 ILCS 447/30-15)
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| 25 | | (Section scheduled to be repealed on January 1, 2024)
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| 1 | | Sec. 30-15. Qualifications for licensure as a locksmith
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| 2 | | agency. |
| 3 | | (a) Upon receipt of the required fee and proof that the
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| 4 | | applicant has a full-time Illinois licensed locksmith |
| 5 | | licensee-in-charge, which is a
continuing requirement for |
| 6 | | agency licensure, the Department
shall issue a license as a |
| 7 | | locksmith
agency to any of the following:
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| 8 | | (1) An individual who submits an application and is
a |
| 9 | | licensed locksmith under this Act.
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| 10 | | (2) A firm that submits an application and all of
the |
| 11 | | members of the firm are licensed locksmiths under this
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| 12 | | Act.
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| 13 | | (3) A corporation or limited liability company
doing |
| 14 | | business in Illinois that is authorized to engage in the |
| 15 | | business of
conducting a locksmith agency if at least one |
| 16 | | officer or
executive employee is a licensed locksmith |
| 17 | | under this Act and
all unlicensed officers and directors |
| 18 | | of the corporation or
limited liability company are |
| 19 | | determined by the Department to
be persons of good moral |
| 20 | | character.
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| 21 | | (b) An individual licensed as a locksmith operating
under |
| 22 | | a business name other
than the licensed locksmith's own name |
| 23 | | shall not be required
to obtain a locksmith agency license if |
| 24 | | that licensed
locksmith does not employ any persons to engage |
| 25 | | in the
practice of locksmithing and registers under the |
| 26 | | Assumed Business Name Act.
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| 1 | | (c) No locksmith may be the licensee in-charge for more |
| 2 | | than one
locksmith agency. Upon written
request by a |
| 3 | | representative of the agency, within 10 days
after the loss of |
| 4 | | a licensee-in-charge of an agency because
of the death of that |
| 5 | | individual or because of the termination
of the employment of |
| 6 | | that individual, the Department shall
issue a temporary |
| 7 | | certificate of authority allowing the
continuing operation of |
| 8 | | the licensed agency. No temporary
certificate of authority |
| 9 | | shall be valid for more than 90 days.
An extension of an |
| 10 | | additional 90 days may be granted upon
written request by the |
| 11 | | representative of the agency. Not more
than 2 extensions may |
| 12 | | be granted to any agency. No temporary
permit shall be issued |
| 13 | | for loss of the licensee-in-charge because of
disciplinary |
| 14 | | action by
the Department related to the licensee-in-charge's |
| 15 | | his or her conduct on behalf of the
agency.
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| 16 | | (c-1) Upon issuance of the temporary certificate of |
| 17 | | authority as provided for in subsection (c) of this Section |
| 18 | | and at any time thereafter while the temporary certificate of |
| 19 | | authority is in effect, the Department may request in writing |
| 20 | | additional information from the agency regarding the loss of |
| 21 | | its licensee-in-charge, the selection of a new |
| 22 | | licensee-in-charge, and the management of the agency. Failure |
| 23 | | of the agency to respond to the satisfaction of the Department |
| 24 | | shall cause the Department to deny any extension of the |
| 25 | | temporary certificate of authority. While the temporary
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| 26 | | certificate of authority is in effect, the Department may
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| 1 | | disapprove the selection of a new licensee-in-charge by the
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| 2 | | agency if the person's license is not operative or the
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| 3 | | Department has good cause to believe that the person selected
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| 4 | | will not fully exercise the responsibilities of a |
| 5 | | licensee-in-charge.
If the Department has disapproved the |
| 6 | | selection of a
new licensee-in-charge and the temporary |
| 7 | | certificate of
authority expires or is about to expire without |
| 8 | | the agency
selecting another new licensee-in-charge, the |
| 9 | | Department shall grant an extension of the temporary |
| 10 | | certificate of authority for an additional 90 days, except as |
| 11 | | otherwise prohibited in subsection (c) or this subsection |
| 12 | | (c-1). |
| 13 | | (d) The Department shall require without limitation all of |
| 14 | | the following information from each applicant for licensure as |
| 15 | | a locksmith agency under this Act: |
| 16 | | (1) The name, full business address, and telephone |
| 17 | | number of the locksmith agency. The business address for |
| 18 | | the locksmith agency shall be a complete street address |
| 19 | | from which business is actually conducted, shall be |
| 20 | | located within the State, and may not be a P.O. Box. The |
| 21 | | applicant shall submit proof that the business location is |
| 22 | | or will be used to conduct the locksmith agency's |
| 23 | | business. The Department may approve of an out-of-state |
| 24 | | business location if it is not over 50 miles in distance |
| 25 | | from the borders of this State. |
| 26 | | (2) All trade or business names used by the licensee. |
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| 1 | | (3) The type of ownership or operation, such as a |
| 2 | | partnership, corporation, or sole proprietorship. |
| 3 | | (4) The name of the owner or operator of the locksmith |
| 4 | | agency, including: |
| 5 | | (A) if a person, then the name and address of |
| 6 | | record of the person; |
| 7 | | (B) if a partnership, then the name and address of |
| 8 | | record of each partner and the name of the |
| 9 | | partnership; |
| 10 | | (C) if a corporation, then the name, address of |
| 11 | | record, and title of each corporate officer and |
| 12 | | director, the corporate names, and the name of the |
| 13 | | state of incorporation; and |
| 14 | | (D) if a sole proprietorship, then the full name |
| 15 | | and address of record of the sole proprietor and the |
| 16 | | name of the business entity. |
| 17 | | (5) The name and license number of the |
| 18 | | licensee-in-charge for the locksmith agency. |
| 19 | | (6) Any additional information required by the |
| 20 | | Department by rule. |
| 21 | | (e) A licensed locksmith agency may operate under a "doing |
| 22 | | business as" or assumed name certification without having to |
| 23 | | obtain a separate locksmith agency license if the "doing |
| 24 | | business as" or assumed name is first registered with the |
| 25 | | Department. A licensed locksmith agency may register no more |
| 26 | | than one assumed name. |
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| 1 | | (Source: P.A. 98-253, eff. 8-9-13.)
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| 2 | | (225 ILCS 447/30-20)
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| 3 | | (Section scheduled to be repealed on January 1, 2024)
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| 4 | | Sec. 30-20. Training; locksmith and employees.
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| 5 | | (a) Registered employees of a licensed locksmith agency
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| 6 | | shall complete a minimum of 20 hours of training provided by a
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| 7 | | qualified instructor within 30 days of their employment. The
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| 8 | | substance of the training shall be prescribed by rule.
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| 9 | | (b) It is the responsibility of the employer to certify,
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| 10 | | on a form provided by the Department, that the employee has
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| 11 | | successfully completed the training. The form shall be a
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| 12 | | permanent record of training completed by the employee and
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| 13 | | shall be placed in the employee's file with the employer for
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| 14 | | the period the employee remains with the employer. An agency
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| 15 | | may place a notarized copy of the Department form in lieu of
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| 16 | | the original into the permanent employee registration card |
| 17 | | file. The original
form or a copy shall be
given to the |
| 18 | | employee when the employee's his or her employment is
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| 19 | | terminated. Failure to return the original form or a copy to |
| 20 | | the
employee is grounds for disciplinary action. The employee
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| 21 | | shall not be required to repeat the required training once the
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| 22 | | employee has been issued the form. An employer may provide or
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| 23 | | require additional training.
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| 24 | | (c) Any certification of completion of the 20-hour basic
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| 25 | | training issued under the Private Detective, Private Alarm,
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| 1 | | Private Security and Locksmith Act of 1993 or any prior Act
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| 2 | | shall be accepted as proof of training under this Act.
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| 3 | | (Source: P.A. 93-438, eff. 8-5-03.)
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| 4 | | (225 ILCS 447/30-30) |
| 5 | | (Section scheduled to be repealed on January 1, 2024) |
| 6 | | Sec. 30-30. Consumer protection; required information for |
| 7 | | consumers. |
| 8 | | (a) A licensee providing any locksmith services shall |
| 9 | | document on a work order, invoice, or receipt the name, |
| 10 | | address, and telephone number of the person requesting the |
| 11 | | work to be done. |
| 12 | | (b) The locksmith who performs the services shall include |
| 13 | | on the work order, invoice, or receipt the locksmith's his or |
| 14 | | her name and license number. |
| 15 | | (c) If the locksmith who performs the services is employed |
| 16 | | by a locksmith agency, then the name, address, and license |
| 17 | | number of the locksmith agency and the name and license or |
| 18 | | registration number of the locksmith who performed the |
| 19 | | services shall be included on the work order, invoice, or |
| 20 | | receipt. |
| 21 | | (d) A copy of the work order, invoice, or receipt shall be |
| 22 | | provided to the customer at the time of service and the |
| 23 | | original copy of the work order, invoice, or receipt shall be |
| 24 | | kept by the licensed locksmith or locksmith agency for a |
| 25 | | period of 2 years. |
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| 1 | | (e) The name, address, and license number of the locksmith |
| 2 | | or locksmith agency, if applicable, shall be pre-printed on |
| 3 | | the work order, invoice, or receipt required under this |
| 4 | | Section. |
| 5 | | (f) A locksmith may be disciplined by the Department |
| 6 | | pursuant to this Act for gross or willful overcharging for |
| 7 | | professional locksmith services, including filing false |
| 8 | | statements for the collection of fees for services not |
| 9 | | rendered.
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| 10 | | (Source: P.A. 98-253, eff. 8-9-13.)
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| 11 | | (225 ILCS 447/31-5) |
| 12 | | (Section scheduled to be repealed on January 1, 2024) |
| 13 | | Sec. 31-5. Exemptions. |
| 14 | | (a) The provisions of this Act regarding fingerprint |
| 15 | | vendors do not apply to any of the following, if the person |
| 16 | | performing the service does not hold oneself himself or |
| 17 | | herself out as a fingerprint vendor or fingerprint vendor |
| 18 | | agency: |
| 19 | | (1) An employee of the United States, Illinois, or a |
| 20 | | political subdivision, including public school districts, |
| 21 | | of either while the employee is engaged in the performance |
| 22 | | of the employee's his or her official duties within the |
| 23 | | scope of the employee's his or her employment. However, |
| 24 | | any such person who offers the person's his or her |
| 25 | | services as a fingerprint vendor or uses a similar title |
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| 1 | | when these services are performed for compensation or |
| 2 | | other consideration, whether received directly or |
| 3 | | indirectly, is subject to this Act. |
| 4 | | (2) A person employed exclusively by only one employer |
| 5 | | in connection with the exclusive activities of that |
| 6 | | employer, provided that person does not hold oneself |
| 7 | | himself or herself out to the public as a fingerprint |
| 8 | | vendor.
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| 9 | | (3) Any member of local law enforcement in the |
| 10 | | performance of his or her duties for criminal justice |
| 11 | | purposes, notwithstanding whether the local law |
| 12 | | enforcement agency charges a reasonable fee related to the |
| 13 | | cost of offering fingerprinting services. |
| 14 | | (b) The provisions of this Act regarding fingerprint |
| 15 | | vendors do not apply to any member of a local law enforcement |
| 16 | | agency, acting on behalf of the local law enforcement agency |
| 17 | | that is registered with the Illinois State Police to provide |
| 18 | | fingerprinting services for non-criminal justice purposes, |
| 19 | | notwithstanding whether the local law enforcement agency |
| 20 | | charges a reasonable fee related to the cost of offering |
| 21 | | fingerprinting services. |
| 22 | | (Source: P.A. 102-538, eff. 8-20-21.)
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| 23 | | (225 ILCS 447/31-10) |
| 24 | | (Section scheduled to be repealed on January 1, 2024) |
| 25 | | Sec. 31-10. Qualifications for licensure as a fingerprint |
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| 1 | | vendor. |
| 2 | | (a) A person is qualified for licensure as a fingerprint |
| 3 | | vendor if the person he or she meets all of the following |
| 4 | | requirements: |
| 5 | | (1) Is at least 18 years of age. |
| 6 | | (2) Has not been convicted of any felony in any |
| 7 | | jurisdiction or at least 10 years have elapsed since the |
| 8 | | time of full discharge from a sentence imposed for a |
| 9 | | felony conviction. |
| 10 | | (3) Is of good moral character. Good moral character |
| 11 | | is a continuing requirement of licensure. Conviction of |
| 12 | | crimes other than felonies may be used in determining |
| 13 | | moral character, but shall not constitute an absolute bar |
| 14 | | to licensure, except where the applicant is a registered |
| 15 | | sex offender. |
| 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 |
| 19 | | subsequently declared him or her to be competent. |
| 20 | | (5) Is not suffering from dependence on alcohol or |
| 21 | | from narcotic addiction or dependence. |
| 22 | | (6) Has not been dishonorably discharged from the |
| 23 | | armed forces of the United States. |
| 24 | | (7) Submits certification issued by the Illinois State |
| 25 | | Police that the applicant has successfully completed a |
| 26 | | fingerprint vendor training course conducted or authorized |
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| 1 | | by the Illinois State Police. |
| 2 | | (8) Submits the applicant's his or her fingerprints, |
| 3 | | in accordance with subsection (b) of this Section. |
| 4 | | (9) Has not violated any provision of this Act or any |
| 5 | | rule adopted under this Act. |
| 6 | | (10) Provides evidence satisfactory to the Department |
| 7 | | that the applicant has obtained general liability |
| 8 | | insurance in an amount and with coverage as determined by |
| 9 | | rule. Failure to maintain general liability insurance and |
| 10 | | failure to provide the Department with written proof of |
| 11 | | the insurance, upon request, shall result in cancellation |
| 12 | | of the license without hearing. A fingerprint vendor |
| 13 | | employed by a licensed fingerprint vendor agency may |
| 14 | | provide proof that the employee's his or her actions as a |
| 15 | | fingerprint vendor are covered by the liability insurance |
| 16 | | of the employee's his or her employer. |
| 17 | | (11) Pays the required licensure fee. |
| 18 | | (12) (Blank). |
| 19 | | (13) Submits proof that the applicant maintains a |
| 20 | | business office located in the State of Illinois. |
| 21 | | (14) Provides proof of compliance with subsection (e) |
| 22 | | of Section 31-15 of this Act if the applicant is not |
| 23 | | required to obtain a fingerprint vendor agency license |
| 24 | | pursuant to subsection (b) of Section 31-15 of this Act. |
| 25 | | (b) Each applicant for a fingerprint vendor license shall |
| 26 | | have the applicant's his or her fingerprints submitted to the |
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| 1 | | Illinois State Police in an electronic format that complies |
| 2 | | with the form and manner for requesting and furnishing |
| 3 | | criminal history record information as prescribed by the |
| 4 | | Illinois State Police. These fingerprints shall be checked |
| 5 | | against the Illinois State Police and Federal Bureau of |
| 6 | | Investigation criminal history record databases now and |
| 7 | | hereafter filed. The Illinois State Police shall charge |
| 8 | | applicants a fee for conducting the criminal history records |
| 9 | | check, which shall be deposited in the State Police Services |
| 10 | | Fund and shall not exceed the actual cost of the records check. |
| 11 | | The Illinois State Police shall furnish, pursuant to positive |
| 12 | | identification, records of Illinois convictions to the |
| 13 | | Department. The Department may require applicants to pay a |
| 14 | | separate fingerprinting fee, either to the Department or |
| 15 | | directly to the vendor. The Department, in its discretion, may |
| 16 | | allow an applicant who does not have reasonable access to a |
| 17 | | designated vendor to provide the applicant's his or her |
| 18 | | fingerprints in an alternative manner. The Department, in its |
| 19 | | discretion, may also use other procedures in performing or |
| 20 | | obtaining criminal background checks of applicants. Instead of |
| 21 | | submitting the applicant's his or her fingerprints, an |
| 22 | | individual may submit proof that is satisfactory to the |
| 23 | | Department that an equivalent security clearance has been |
| 24 | | conducted. Also, an individual who has retired as a peace |
| 25 | | officer within 12 months of application may submit |
| 26 | | verification, on forms provided by the Department and signed |
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| 1 | | by the applicant's his or her employer, of the applicant's his |
| 2 | | or her previous full-time employment as a peace officer.
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| 3 | | (Source: P.A. 102-538, eff. 8-20-21.)
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| 4 | | (225 ILCS 447/31-15) |
| 5 | | (Section scheduled to be repealed on January 1, 2024) |
| 6 | | Sec. 31-15. Qualifications for licensure as a fingerprint |
| 7 | | vendor agency.
|
| 8 | | (a) Upon receipt of the required fee, compliance with |
| 9 | | subsection (e) of this Section, and proof that the applicant |
| 10 | | has a full-time Illinois licensed fingerprint vendor |
| 11 | | licensee-in-charge, which is a continuing requirement for |
| 12 | | agency licensure, the Department may issue a license as a |
| 13 | | fingerprint vendor agency to any of the following: |
| 14 | | (1) An individual who submits an application and is a |
| 15 | | licensed fingerprint vendor under this Act. |
| 16 | | (2) A firm that submits an application and all of the |
| 17 | | members of the firm are licensed fingerprint vendors under |
| 18 | | this Act. |
| 19 | | (3) A corporation or limited liability company doing |
| 20 | | business in Illinois that is authorized to engage in the |
| 21 | | business of conducting a fingerprint vendor agency if at |
| 22 | | least one officer or executive employee is a licensed |
| 23 | | fingerprint vendor under this Act and all unlicensed |
| 24 | | officers and directors of the corporation or limited |
| 25 | | liability company are determined by the Department to be |
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| 1 | | persons of good moral character. |
| 2 | | (b) An individual licensed as a fingerprint vendor |
| 3 | | operating under a business name other than the licensed |
| 4 | | fingerprint vendor's own name shall not be required to obtain |
| 5 | | a fingerprint vendor agency license if that licensed |
| 6 | | fingerprint vendor does not employ any persons to provide |
| 7 | | fingerprinting services. However, in either circumstance, the |
| 8 | | individual shall comply with the requirements of subsection |
| 9 | | (e) of this Section as a requirement for licensure. |
| 10 | | (c) No fingerprint vendor may be the licensee-in-charge |
| 11 | | for more than one fingerprint vendor agency. Upon written |
| 12 | | request by a representative of the agency, within 10 days |
| 13 | | after the loss of a licensee-in-charge of an agency because of |
| 14 | | the death of that individual or because of the termination of |
| 15 | | the employment of that individual, the Department shall issue |
| 16 | | a temporary certificate of authority allowing the continuing |
| 17 | | operation of the licensed agency. No temporary certificate of |
| 18 | | authority shall be valid for more than 90 days. An extension of |
| 19 | | an additional 90 days may be granted upon written request by |
| 20 | | the representative of the agency. Not more than 2 extensions |
| 21 | | may be granted to any agency. No temporary permit shall be |
| 22 | | issued for loss of the licensee-in-charge because of |
| 23 | | disciplinary action by the Department related to the |
| 24 | | licensee-in-charge's his or her conduct on behalf of the |
| 25 | | agency.
|
| 26 | | (d) Upon issuance of the temporary certificate of |
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| 1 | | authority
as provided for in subsection (c) of this Section |
| 2 | | and at any
time thereafter while the temporary certificate of |
| 3 | | authority
is in effect, the Department may request in writing |
| 4 | | additional
information from the agency regarding the loss of |
| 5 | | its
licensee-in-charge, the selection of a new |
| 6 | | licensee-in-charge,
and the management of the agency. Failure |
| 7 | | of the agency to
respond or respond to the satisfaction of the |
| 8 | | Department shall
cause the Department to deny any extension of |
| 9 | | the temporary
certificate of authority. While the temporary |
| 10 | | certificate of
authority is in effect, the Department may |
| 11 | | disapprove the
selection of a new licensee-in-charge by the |
| 12 | | agency if the
person's license is not operative or the |
| 13 | | Department has good
cause to believe that the person selected |
| 14 | | will not fully
exercise the responsibilities of a |
| 15 | | licensee-in-charge. If the
Department has disapproved the |
| 16 | | selection of a new licensee-in-charge
and the temporary |
| 17 | | certificate of authority expires or
is about to expire without |
| 18 | | the agency selecting another new
licensee-in-charge, the |
| 19 | | Department shall grant an extension of
the temporary |
| 20 | | certificate of authority for an additional 90
days, except as |
| 21 | | otherwise prohibited in subsection (c) or this
subsection (d). |
| 22 | | (e) An applicant shall submit certification issued by the |
| 23 | | Illinois State Police that the applicant's fingerprinting |
| 24 | | equipment and software meets all specifications required by |
| 25 | | the Illinois State Police. Compliance with Illinois State |
| 26 | | Police fingerprinting equipment and software specifications is |
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| 1 | | a continuing requirement for licensure. |
| 2 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 3 | | (225 ILCS 447/31-20) |
| 4 | | (Section scheduled to be repealed on January 1, 2024) |
| 5 | | Sec. 31-20. Training; fingerprint vendor and employees.
|
| 6 | | (a) Registered employees of a licensed fingerprint vendor |
| 7 | | agency shall complete a minimum of 20 hours of training |
| 8 | | provided by a qualified instructor within 30 days of their |
| 9 | | employment. The substance of the training shall be prescribed |
| 10 | | by rule. |
| 11 | | (b) It is the responsibility of the employer to certify, |
| 12 | | on a form provided by the Department, that the employee has |
| 13 | | successfully completed the training. The form shall be a |
| 14 | | permanent record of training completed by the employee and |
| 15 | | shall be placed in the employee's file with the employer for |
| 16 | | the period the employee remains with the employer. An agency |
| 17 | | may place a notarized copy of the Department form, in lieu of |
| 18 | | the original, into the permanent employee registration card |
| 19 | | file. The original form or a copy shall be given to the |
| 20 | | employee when the employee's his or her employment is |
| 21 | | terminated. Failure to return the original form or a copy to |
| 22 | | the employee is grounds for disciplinary action. The employee |
| 23 | | shall not be required to repeat the required training once the |
| 24 | | employee has been issued the form. An employer may provide or |
| 25 | | require additional training. |
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| 1 | | (c) Any certification of completion of the 20-hour basic |
| 2 | | training issued under this Act the Private Detective, Private |
| 3 | | Alarm, Private Security, and Locksmith Act of 2004 or any |
| 4 | | prior Act shall be accepted as proof of training under this |
| 5 | | Act. |
| 6 | | (d) No registered employee of a licensed fingerprint |
| 7 | | vendor agency may operate live scan fingerprint equipment or |
| 8 | | other equipment designed to obtain fingerprint images for the |
| 9 | | purpose of providing fingerprint images and associated |
| 10 | | demographic data to the Illinois State Police.
|
| 11 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 12 | | (225 ILCS 447/35-5)
|
| 13 | | (Section scheduled to be repealed on January 1, 2024)
|
| 14 | | Sec. 35-5. Display of license. Each licensee shall
|
| 15 | | prominently display the licensee's his or her individual, |
| 16 | | agency, or branch
office license at each place where business |
| 17 | | is being
conducted, as required under this Act. A |
| 18 | | licensee-in-charge
is required to post the licensee's his or |
| 19 | | her license only at the agency
office.
|
| 20 | | (Source: P.A. 93-438, eff. 8-5-03.)
|
| 21 | | (225 ILCS 447/35-10)
|
| 22 | | (Section scheduled to be repealed on January 1, 2024)
|
| 23 | | Sec. 35-10. Inspection of facilities. Each licensee or |
| 24 | | registrant shall
permit the licensee's or registrant's his or |
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| 1 | | her office facilities, business premises, canine training |
| 2 | | facilities, firearm training facilities, and registered |
| 3 | | employee
files to be audited or inspected at reasonable times |
| 4 | | and in a
reasonable manner by the Department.
|
| 5 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 6 | | (225 ILCS 447/35-15)
|
| 7 | | (Section scheduled to be repealed on January 1, 2024)
|
| 8 | | Sec. 35-15. Advertisements; penalties.
|
| 9 | | (a) No licensee providing services regulated by this Act
|
| 10 | | may knowingly advertise those services without including the |
| 11 | | licensee's his
or her license number in the advertisement. The |
| 12 | | publisher of
the advertising, however, is not required to |
| 13 | | verify the
accuracy of the advertisement or the license |
| 14 | | number.
|
| 15 | | (b) A licensee who advertises services regulated by this
|
| 16 | | Act who knowingly (i) fails to display the licensee's his or |
| 17 | | her license at
the licensee's his or her place of business, |
| 18 | | (ii) fails to provide the
publisher with the current license |
| 19 | | number, or (iii) provides
the publisher with a false license |
| 20 | | number or a license number
other than that of the person or |
| 21 | | agency doing the advertising
or a licensee who knowingly |
| 22 | | allows the licensee's his or her license number
to be |
| 23 | | displayed or used by another person or agency to
circumvent |
| 24 | | any provision of this subsection, is guilty of a
Class A |
| 25 | | misdemeanor. Each day an advertisement is published
or a |
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| 1 | | licensee allows the licensee's his or her license to be used in
|
| 2 | | violation of this Section constitutes a separate offense. In
|
| 3 | | addition to the penalties and remedies provided in this
|
| 4 | | Section, a licensee who violates any provision of this Section
|
| 5 | | shall be subject to the disciplinary action, fines, and civil
|
| 6 | | penalty provisions of this Act.
|
| 7 | | (Source: P.A. 93-438, eff. 8-5-03.)
|
| 8 | | (225 ILCS 447/35-25)
|
| 9 | | (Section scheduled to be repealed on January 1, 2024)
|
| 10 | | Sec. 35-25. Duplicate licenses. If a license, permanent
|
| 11 | | employee registration card, or firearm control
card is
lost, a |
| 12 | | duplicate shall be issued upon proof of such loss
together |
| 13 | | with the payment of the required fee. If a licensee
decides to |
| 14 | | change the licensee's his or her name, the Department shall |
| 15 | | issue
a license in the new name upon proof that the change was |
| 16 | | done
pursuant to law and payment of the required fee. |
| 17 | | Notification
of a name change shall be made to the Department |
| 18 | | within 30
days after the change.
|
| 19 | | (Source: P.A. 95-613, eff. 9-11-07.)
|
| 20 | | (225 ILCS 447/35-30)
|
| 21 | | (Section scheduled to be repealed on January 1, 2024)
|
| 22 | | Sec. 35-30. Employee requirements. All employees of a
|
| 23 | | licensed agency, other than those exempted, shall apply for a
|
| 24 | | permanent employee registration card. The holder of an agency
|
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| 1 | | license issued under this Act, known in this Section as
|
| 2 | | "employer", may employ in the conduct of the employer's his or |
| 3 | | her business
employees under the following provisions:
|
| 4 | | (a) No person shall be issued a permanent employee
|
| 5 | | registration card who:
|
| 6 | | (1) Is younger than 18 years of age.
|
| 7 | | (2) Is younger than 21 years of age if the
services |
| 8 | | will include being armed.
|
| 9 | | (3) Has been determined by the Department to
be unfit |
| 10 | | by reason of conviction of an offense in this or
another |
| 11 | | state, including registration as a sex offender, but not |
| 12 | | including a traffic offense. Persons convicted of felonies |
| 13 | | involving bodily harm, weapons, violence, or theft within |
| 14 | | the previous 10 years shall be presumed to be unfit for |
| 15 | | registration. The Department
shall adopt rules for making |
| 16 | | those determinations that shall
afford the applicant due |
| 17 | | process of law.
|
| 18 | | (4) Has had a license or permanent employee
|
| 19 | | registration card denied, suspended, or revoked under this |
| 20 | | Act (i) within one
year before the date the
person's |
| 21 | | application for permanent employee registration card
is |
| 22 | | received by the Department; and (ii) that refusal, denial,
|
| 23 | | suspension, or revocation was based on any provision of |
| 24 | | this
Act other than Section 40-50,
item (6) or (8) of |
| 25 | | subsection (a) of Section 15-10, subsection (b) of Section
|
| 26 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, |
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| 1 | | subsection (b) of
Section 20-10, item (6) or (8) of |
| 2 | | subsection (a) of Section 25-10, subsection
(b) of Section |
| 3 | | 25-10, item (7) of subsection (a) of Section 30-10,
|
| 4 | | subsection (b) of Section 30-10, or Section 10-40.
|
| 5 | | (5) Has been declared incompetent by any court
of |
| 6 | | competent jurisdiction by reason of mental disease or
|
| 7 | | defect and has not been restored.
|
| 8 | | (6) Has been dishonorably discharged from the
armed |
| 9 | | services of the United States.
|
| 10 | | (b) No person may be employed by a private
detective |
| 11 | | agency, private security contractor agency, private
alarm |
| 12 | | contractor agency, fingerprint vendor agency, or locksmith |
| 13 | | agency under this
Section until the person he or she has |
| 14 | | executed and furnished to the
employer, on forms furnished by |
| 15 | | the Department, a verified
statement to be known as |
| 16 | | "Employee's Statement" setting forth:
|
| 17 | | (1) The person's full name, age, and residence
|
| 18 | | address.
|
| 19 | | (2) The business or occupation engaged in for
the 5 |
| 20 | | years immediately before the date of the execution of
the |
| 21 | | statement, the place where the business or occupation was
|
| 22 | | engaged in, and the names of employers, if any.
|
| 23 | | (3) That the person has not had a license or
employee |
| 24 | | registration denied, revoked, or suspended under this
Act |
| 25 | | (i) within one year before the date the person's |
| 26 | | application
for permanent employee registration card is |
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| 1 | | received by the
Department; and (ii) that refusal, denial, |
| 2 | | suspension, or
revocation was based on any provision of |
| 3 | | this Act other than
Section 40-50,
item (6) or (8) of |
| 4 | | subsection (a) of Section 15-10, subsection (b) of Section
|
| 5 | | 15-10, item (6) or (8) of subsection (a) of Section 20-10, |
| 6 | | subsection (b) of
Section 20-10, item (6) or (8) of |
| 7 | | subsection (a) of Section 25-10, subsection
(b) of Section |
| 8 | | 25-10, item (7) of subsection (a) of Section 30-10,
|
| 9 | | subsection (b) of Section 30-10, or Section 10-40.
|
| 10 | | (4) Any conviction of a felony or misdemeanor.
|
| 11 | | (5) Any declaration of incompetence by a court
of |
| 12 | | competent jurisdiction that has not been restored.
|
| 13 | | (6) Any dishonorable discharge from the armed
services |
| 14 | | of the United States.
|
| 15 | | (7) Any other information as may be required by
any |
| 16 | | rule of the Department to show the good character,
|
| 17 | | competency, and integrity of the person executing the
|
| 18 | | statement.
|
| 19 | | (c) Each applicant for a permanent employee registration
|
| 20 | | card shall have the applicant's his or her fingerprints |
| 21 | | submitted to the
Illinois State Police in an electronic format |
| 22 | | that
complies with the form and manner for requesting and
|
| 23 | | furnishing criminal history record information as prescribed
|
| 24 | | by the Illinois State Police. These fingerprints shall
be |
| 25 | | checked against the Illinois State Police and Federal
Bureau |
| 26 | | of Investigation criminal history record databases now
and |
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| 1 | | hereafter filed. The Illinois State Police shall
charge |
| 2 | | applicants a fee for conducting the criminal history
records |
| 3 | | check, which shall be deposited in the State Police
Services |
| 4 | | Fund and shall not exceed the actual cost of the
records check. |
| 5 | | The Illinois State Police shall furnish,
pursuant to positive |
| 6 | | identification, records of Illinois
convictions to the |
| 7 | | Department. The Department may require
applicants to pay a |
| 8 | | separate fingerprinting fee, either to the
Department or |
| 9 | | directly to the vendor. The Department, in
its discretion, may |
| 10 | | allow an applicant who does not have
reasonable access to a |
| 11 | | designated vendor to provide the applicant's his or her
|
| 12 | | fingerprints in an alternative manner. The
Department, in its |
| 13 | | discretion, may also use other
procedures in performing or |
| 14 | | obtaining criminal background
checks of applicants. Instead of |
| 15 | | submitting the applicant's his or her
fingerprints, an |
| 16 | | individual may submit proof that is
satisfactory to the |
| 17 | | Department that an equivalent security
clearance has been |
| 18 | | conducted. Also, an individual who has
retired as a peace |
| 19 | | officer within 12 months of application may
submit |
| 20 | | verification, on forms provided by the Department and
signed |
| 21 | | by the applicant's his or her employer, of the applicant's his |
| 22 | | or her previous full-time employment as a
peace officer.
|
| 23 | | (d) The Department shall issue a permanent employee
|
| 24 | | registration card, in a form the Department prescribes, to all
|
| 25 | | qualified applicants.
The holder of a permanent employee |
| 26 | | registration card shall
carry the card at all times while |
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| 1 | | actually engaged in the
performance of the duties of the |
| 2 | | employee's his or her employment.
Expiration and requirements |
| 3 | | for renewal of permanent employee
registration cards shall be |
| 4 | | established by rule of the
Department. Possession of a |
| 5 | | permanent employee registration
card does not in any way imply |
| 6 | | that the holder of the card is
employed by an agency unless the |
| 7 | | permanent employee
registration card is accompanied by the |
| 8 | | employee
identification card required by subsection (f) of |
| 9 | | this
Section.
|
| 10 | | (e) Each employer shall maintain a record of each
employee |
| 11 | | that is accessible to the duly authorized
representatives of |
| 12 | | the Department. The record shall contain
the following |
| 13 | | information:
|
| 14 | | (1) A photograph taken within 10 days of the date
that |
| 15 | | the employee begins employment with the employer. The
|
| 16 | | photograph shall be replaced with a current photograph |
| 17 | | every 3
calendar years.
|
| 18 | | (2) The Employee's Statement specified in
subsection |
| 19 | | (b) of this Section.
|
| 20 | | (3) All correspondence or documents relating to the
|
| 21 | | character and integrity of the employee received by the
|
| 22 | | employer from any official source or law enforcement |
| 23 | | agency.
|
| 24 | | (4) In the case of former employees, the employee
|
| 25 | | identification card of that person issued under subsection |
| 26 | | (f)
of this Section. Each employee record shall duly note |
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| 1 | | if the
employee is employed in an armed capacity. Armed |
| 2 | | employee
files shall contain a copy of an active firearm |
| 3 | | owner's
identification card and a copy of an active |
| 4 | | firearm
control card. Each employer shall maintain a |
| 5 | | record for
each armed employee of each instance in which |
| 6 | | the employee's
weapon was discharged during the course of |
| 7 | | the employee's his or her
professional duties or |
| 8 | | activities. The record shall be
maintained on forms |
| 9 | | provided by the Department, a copy of
which must be filed |
| 10 | | with the Department within 15 days of an
instance. The |
| 11 | | record shall include the date and time of the
occurrence, |
| 12 | | the circumstances involved in the occurrence, and
any |
| 13 | | other information as the Department may require. Failure
|
| 14 | | to provide this information to the Department or failure |
| 15 | | to
maintain the record as a part of each armed employee's
|
| 16 | | permanent file is grounds for disciplinary action. The
|
| 17 | | Department, upon receipt of a report, shall have the |
| 18 | | authority
to make any investigation it considers |
| 19 | | appropriate into any
occurrence in which an employee's |
| 20 | | weapon was discharged and to
take disciplinary action as |
| 21 | | may be appropriate.
|
| 22 | | (5) A copy of the employee's permanent employee |
| 23 | | registration card or a copy of the Department's "License |
| 24 | | Lookup" Webpage showing that the employee has been issued |
| 25 | | a valid permanent employee registration card by the |
| 26 | | Department.
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| 1 | | The Department may, by rule, prescribe further
record |
| 2 | | requirements.
|
| 3 | | (f) Every employer shall furnish an employee
|
| 4 | | identification card to each of the employer's his or her |
| 5 | | employees. This
employee identification card shall contain a |
| 6 | | recent photograph
of the employee, the employee's name, the |
| 7 | | name and agency
license number of the employer, the employee's |
| 8 | | personal
description, the signature of the employer, the |
| 9 | | signature of
that employee, the date of issuance, and an |
| 10 | | employee
identification card number.
|
| 11 | | (g) No employer may issue an employee identification
card |
| 12 | | to any person who is not employed by the employer in
accordance |
| 13 | | with this Section or falsely state or represent
that a person |
| 14 | | is or has been in the employer's his or her employ. It is
|
| 15 | | unlawful for an applicant for registered employment to file
|
| 16 | | with the Department the fingerprints of a person other than
|
| 17 | | himself or herself.
|
| 18 | | (h) Every employer shall obtain the identification card
of |
| 19 | | every employee who terminates employment with the employer him |
| 20 | | or her.
|
| 21 | | (i) Every employer shall maintain a separate roster of
the |
| 22 | | names of all employees currently working in an armed
capacity |
| 23 | | and submit the roster to the Department on request.
|
| 24 | | (j) No agency may employ any person to perform a
licensed |
| 25 | | activity under this Act unless the person possesses a
valid |
| 26 | | permanent employee registration card or a valid license
under |
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| 1 | | this Act, or is exempt pursuant to subsection (n).
|
| 2 | | (k) Notwithstanding the provisions of subsection (j), an
|
| 3 | | agency may employ a person in a temporary capacity if all of
|
| 4 | | the following conditions are met:
|
| 5 | | (1) The agency completes in its entirety and
submits |
| 6 | | to the Department an application for a permanent
employee |
| 7 | | registration card, including the required fingerprint
|
| 8 | | receipt and fees.
|
| 9 | | (2) The agency has verification from the Department
|
| 10 | | that the applicant has no record of any criminal |
| 11 | | conviction
pursuant to the criminal history check |
| 12 | | conducted by the
Illinois State Police. The agency shall |
| 13 | | maintain the
verification of the results of the Illinois |
| 14 | | State Police
criminal history check as part of the |
| 15 | | employee record as
required under subsection (e) of this |
| 16 | | Section.
|
| 17 | | (3) The agency exercises due diligence to ensure
that |
| 18 | | the person is qualified under the requirements of the Act
|
| 19 | | to be issued a permanent employee registration card.
|
| 20 | | (4) The agency maintains a separate roster of the
|
| 21 | | names of all employees whose applications are currently
|
| 22 | | pending with the Department and submits the roster to the
|
| 23 | | Department on a monthly basis. Rosters are to be |
| 24 | | maintained
by the agency for a period of at least 24 |
| 25 | | months.
|
| 26 | | An agency may employ only a permanent employee applicant
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| 1 | | for which it either submitted a permanent employee application
|
| 2 | | and all required forms and fees or it confirms with the
|
| 3 | | Department that a permanent employee application and all
|
| 4 | | required forms and fees have been submitted by another agency,
|
| 5 | | licensee or the permanent employee and all other requirements
|
| 6 | | of this Section are met.
|
| 7 | | The Department shall have the authority to revoke,
without |
| 8 | | a hearing, the temporary authority of an individual to
work |
| 9 | | upon receipt of Federal Bureau of Investigation
fingerprint |
| 10 | | data or a report of another official authority
indicating a |
| 11 | | criminal conviction. If the Department has not
received a |
| 12 | | temporary employee's Federal Bureau of
Investigation |
| 13 | | fingerprint data within 120 days of the date the
Department |
| 14 | | received the Illinois State Police fingerprint
data, the |
| 15 | | Department may, at its discretion, revoke the
employee's |
| 16 | | temporary authority to work with 15 days written
notice to the |
| 17 | | individual and the employing agency.
|
| 18 | | An agency may not employ a person in a temporary capacity
|
| 19 | | if it knows or reasonably should have known that the person
has |
| 20 | | been convicted of a crime under the laws of this State,
has |
| 21 | | been convicted in another state of any crime that is a
crime |
| 22 | | under the laws of this State, has been convicted of any
crime |
| 23 | | in a federal court, or has been posted as an unapproved
|
| 24 | | applicant by the Department. Notice by the Department to the
|
| 25 | | agency, via certified mail, personal delivery, electronic
|
| 26 | | mail, or posting on the Department's Internet site accessible
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| 1 | | to the agency that the person has been convicted of a crime
|
| 2 | | shall be deemed constructive knowledge of the conviction on
|
| 3 | | the part of the agency. The Department may adopt rules to
|
| 4 | | implement this
subsection (k).
|
| 5 | | (l) No person may be employed under this Section in any
|
| 6 | | capacity if:
|
| 7 | | (1) the person, while so employed, is being paid by
|
| 8 | | the United States or any political subdivision for the |
| 9 | | time so
employed in addition to any payments the person he |
| 10 | | or she may receive
from the employer; or
|
| 11 | | (2) the person wears any portion of the person's his |
| 12 | | or her
official uniform, emblem of authority, or equipment |
| 13 | | while so
employed.
|
| 14 | | (m) If information is discovered affecting the
|
| 15 | | registration of a person whose fingerprints were submitted
|
| 16 | | under this Section, the Department shall so notify the agency
|
| 17 | | that submitted the fingerprints on behalf of that person.
|
| 18 | | (n) Peace officers shall be exempt from the requirements
|
| 19 | | of this Section relating to permanent employee registration
|
| 20 | | cards. The agency shall remain responsible for any peace
|
| 21 | | officer employed under this exemption, regardless of whether
|
| 22 | | the peace officer is compensated as an employee or as an
|
| 23 | | independent contractor and as further defined by rule.
|
| 24 | | (o) Persons who have no access to confidential or
security |
| 25 | | information, who do not go to a client's or prospective |
| 26 | | client's residence or place of business, and who otherwise do |
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| 1 | | not provide
traditional security services are exempt from |
| 2 | | employee
registration. Examples of exempt employees include, |
| 3 | | but are
not limited to, employees working in the capacity of |
| 4 | | ushers,
directors, ticket takers, cashiers, drivers, and |
| 5 | | reception
personnel. Confidential or security information is |
| 6 | | that which
pertains to employee files, scheduling, client |
| 7 | | contracts, or
technical security and alarm data.
|
| 8 | | (p) An applicant who is 21 years of age or older seeking a |
| 9 | | religious exemption to the photograph requirement of this |
| 10 | | Section shall furnish with the application an approved copy of |
| 11 | | United States Department of the Treasury Internal Revenue |
| 12 | | Service Form 4029. Regardless of age, an applicant seeking a |
| 13 | | religious exemption to this photograph requirement shall |
| 14 | | submit fingerprints in a form and manner prescribed by the |
| 15 | | Department with the applicant's his or her application in lieu |
| 16 | | of a photograph. |
| 17 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 18 | | (225 ILCS 447/35-35)
|
| 19 | | (Section scheduled to be repealed on January 1, 2024)
|
| 20 | | Sec. 35-35. Requirement of a firearm control
card.
|
| 21 | | (a) No person shall perform duties that include the use,
|
| 22 | | carrying, or possession of a firearm in the performance of
|
| 23 | | those duties without complying with the provisions of this
|
| 24 | | Section and having been issued a valid firearm control
card by |
| 25 | | the Department.
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| 1 | | (b) No employer shall employ any person to perform the
|
| 2 | | duties for which licensure or employee registration is |
| 3 | | required and allow
that person to carry a firearm unless that |
| 4 | | person has complied
with all the firearm training requirements |
| 5 | | of this Section and
has been issued a firearm control card. |
| 6 | | This Act
permits only the following to carry firearms while |
| 7 | | actually
engaged in the performance of their duties or while |
| 8 | | commuting
directly to or from their places of employment: |
| 9 | | persons
licensed as private detectives and their registered |
| 10 | | employees;
persons licensed as private security contractors |
| 11 | | and their
registered employees; persons licensed as private |
| 12 | | alarm
contractors and their registered employees; and |
| 13 | | employees of a
registered armed proprietary security force.
|
| 14 | | (c) Possession of a valid firearm control
card
allows a |
| 15 | | licensee or employee to carry a firearm not otherwise |
| 16 | | prohibited
by law while the licensee or employee is engaged in |
| 17 | | the performance of the licensee's or employee's his
or her |
| 18 | | duties or while the licensee or employee is commuting directly |
| 19 | | to
or from the licensee's or employee's place or places of |
| 20 | | employment.
|
| 21 | | (d) The Department shall issue a firearm control
card to a |
| 22 | | person who has passed an approved firearm training
course, who |
| 23 | | is currently licensed or employed by an agency licensed by
|
| 24 | | this Act and has met all the requirements of this Act, and who
|
| 25 | | possesses a valid firearm owner identification card.
|
| 26 | | Application for the firearm control card shall be made
by the |
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| 1 | | employer to the Department on forms provided by the
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| 2 | | Department. The Department shall forward the card to the
|
| 3 | | employer who shall be responsible for its issuance to the |
| 4 | | licensee or
employee. The firearm control card shall be issued |
| 5 | | by
the Department and shall identify the person holding it and
|
| 6 | | the name of the course where the licensee or employee received |
| 7 | | firearm
instruction and shall specify the type of weapon or |
| 8 | | weapons
the person is authorized by the Department to carry |
| 9 | | and for
which the person has been trained.
|
| 10 | | (e) Expiration and requirements for renewal of firearm |
| 11 | | control cards shall be determined by rule.
|
| 12 | | (f) The Department may, in addition to any other
|
| 13 | | disciplinary action permitted by this Act, refuse to issue,
|
| 14 | | suspend, or revoke a firearm control card if the
applicant or |
| 15 | | holder has been convicted of any felony or crime
involving the |
| 16 | | illegal use, carrying, or possession of a deadly
weapon or for |
| 17 | | a violation of this Act or rules promulgated
under this Act. |
| 18 | | The Department shall refuse to issue or shall
revoke a firearm |
| 19 | | control card if the applicant or holder
fails to possess a |
| 20 | | valid firearm owners identification card without hearing.
The |
| 21 | | Secretary shall summarily suspend a firearm control
card if |
| 22 | | the Secretary finds that its continued use would
constitute an |
| 23 | | imminent danger to the public. A hearing shall
be held before |
| 24 | | the Board within 30 days if the Secretary
summarily suspends a |
| 25 | | firearm control card.
|
| 26 | | (g) Notwithstanding any other provision of this Act to the
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| 1 | | contrary, all requirements relating to firearms control
cards |
| 2 | | do not apply to a peace officer. If an individual ceases to be |
| 3 | | employed as a peace officer and continues to perform services |
| 4 | | in an armed capacity under this Act that are licensed |
| 5 | | activities, then the individual is required to obtain a |
| 6 | | permanent employee registration card pursuant to Section 35-30 |
| 7 | | of this Act and must possess a valid Firearm Owner's |
| 8 | | Identification Card, but is not required to obtain a firearm |
| 9 | | control card if the individual is otherwise in continuing |
| 10 | | compliance with the federal Law Enforcement Officers Safety |
| 11 | | Act of 2004. If an individual elects to carry a firearm |
| 12 | | pursuant to the federal Law Enforcement Officers Safety Act of |
| 13 | | 2004, then the agency employing the officer shall is required |
| 14 | | to submit an application a notice of that election to the |
| 15 | | Department for issuance of a waiver card along with a fee |
| 16 | | specified by rule.
|
| 17 | | (h) The Department may issue a temporary firearm control |
| 18 | | card pending issuance of a new firearm control card upon an |
| 19 | | agency's acquiring of an established armed account. An agency |
| 20 | | that has acquired armed employees as a result of acquiring an |
| 21 | | established armed account may, on forms supplied by the |
| 22 | | Department, request the issuance of a temporary firearm |
| 23 | | control card for each acquired employee who held a valid |
| 24 | | firearm control card under the employer's his or her |
| 25 | | employment with the newly acquired established armed account |
| 26 | | immediately preceding the acquiring of the account and who |
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| 1 | | continues to meet all of the qualifications for issuance of a |
| 2 | | firearm control card set forth in this Act and any rules |
| 3 | | adopted under this Act. The Department shall, by rule, set the |
| 4 | | fee for issuance of a temporary firearm control card.
|
| 5 | | (i) The Department shall not issue a firearm control card |
| 6 | | to a licensed fingerprint vendor or a licensed locksmith or |
| 7 | | employees of a licensed fingerprint vendor agency or a |
| 8 | | licensed locksmith agency.
|
| 9 | | (Source: P.A. 100-712, eff. 8-3-18.)
|
| 10 | | (225 ILCS 447/35-43) |
| 11 | | (Section scheduled to be repealed on January 1, 2024) |
| 12 | | Sec. 35-43. Requirement of a canine trainer authorization |
| 13 | | card; qualifications. |
| 14 | | (a) No person may perform duties that include the training |
| 15 | | of canine handlers and canines to
protect persons or property |
| 16 | | or to conduct investigations without having been issued a |
| 17 | | valid canine trainer authorization card by the
Department. |
| 18 | | (b) No employer shall employ any person to perform the |
| 19 | | duties for which employee registration
is required under this |
| 20 | | Act and allow that person to train canine handlers and canines |
| 21 | | unless that person has been issued a canine
trainer |
| 22 | | authorization card. |
| 23 | | (c) The Department shall issue a canine trainer |
| 24 | | authorization card to a person who (i) has passed an
approved |
| 25 | | canine trainer training course, (ii) is currently employed by |
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| 1 | | an agency licensed under this
Act, and (iii) has met all of the |
| 2 | | applicable requirements of this Act. Application for the |
| 3 | | canine trainer authorization
card shall be made by the |
| 4 | | employer to the Department on forms provided by the |
| 5 | | Department.
The Department shall forward the card to the |
| 6 | | employer who shall be responsible for its issuance
to the |
| 7 | | employee. |
| 8 | | (d) The Department may, in addition to any other |
| 9 | | disciplinary action permitted by this Act, refuse
to issue, |
| 10 | | suspend, or revoke a canine trainer authorization card if the |
| 11 | | applicant or holder has been
convicted of any felony or |
| 12 | | misdemeanor involving cruelty to animals or for a violation of |
| 13 | | this
Act or rules promulgated under this Act. |
| 14 | | (e) Qualifications for canine trainers shall be set by the |
| 15 | | Department by rule. Any person who has been engaged in the |
| 16 | | provision of canine trainer services prior to January 1, 2005, |
| 17 | | shall be granted a canine trainer authorization card upon the |
| 18 | | submission of a completed application, the payment of |
| 19 | | applicable fees, and the demonstration satisfactory to the |
| 20 | | Department of the provision of such services.
|
| 21 | | (Source: P.A. 95-613, eff. 9-11-07.)
|
| 22 | | (225 ILCS 447/35-45)
|
| 23 | | (Section scheduled to be repealed on January 1, 2024)
|
| 24 | | Sec. 35-45. Armed proprietary security force.
|
| 25 | | (a) All financial institutions or commercial or industrial |
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| 1 | | operations that employ one or more
armed employees shall |
| 2 | | register their security forces
with the Department on forms |
| 3 | | provided by the Department. Registration subjects the security |
| 4 | | force to all of the requirements of Section 35-40. For the |
| 5 | | purposes of this Section,
"financial institution" includes a |
| 6 | | bank, savings and loan
association, credit union, currency |
| 7 | | exchange, or company
providing armored car services.
|
| 8 | | (b) All armed employees of the registered
proprietary |
| 9 | | security force must complete a 20-hour basic
training course |
| 10 | | and all the firearm training requirements of Section 35-40.
|
| 11 | | (c) Every proprietary security force is required to
apply |
| 12 | | to the Department, on forms supplied by the Department,
for a |
| 13 | | firearm control card for each armed employee. Each armed
|
| 14 | | employee shall have the employee's his or her fingerprints |
| 15 | | submitted to the
Department of State Police in an electronic |
| 16 | | format that
complies with the form and manner for requesting |
| 17 | | and
furnishing criminal history record information as |
| 18 | | prescribed
by the Department of State Police. These |
| 19 | | fingerprints shall be
checked against the Department of State |
| 20 | | Police and Federal
Bureau of Investigation criminal history |
| 21 | | record databases. The Department of State Police shall
charge |
| 22 | | the armed employee a fee for conducting the criminal
history |
| 23 | | records check, which shall be deposited in the State
Police |
| 24 | | Services Fund and shall not exceed the actual cost of
the |
| 25 | | records check. The Department of State Police shall
furnish, |
| 26 | | pursuant to positive identification, records of
Illinois |
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| 1 | | convictions to the Department. The Department may
require |
| 2 | | armed employees to pay a separate fingerprinting fee,
either |
| 3 | | to the Department or directly to the vendor. The
Department, |
| 4 | | in its discretion, may allow an armed employee who
does not |
| 5 | | have reasonable access to a designated vendor to
provide the |
| 6 | | employee's his or her fingerprints in an alternative manner. |
| 7 | | The
Department, in its discretion, may also use other |
| 8 | | procedures
in performing or obtaining criminal background |
| 9 | | checks of armed
employees. Instead of submitting the |
| 10 | | employee's his or her fingerprints, an
individual may submit |
| 11 | | proof that is satisfactory to the
Department that an |
| 12 | | equivalent security clearance has been
conducted. Also, an |
| 13 | | individual who has retired as a peace
officer within 12 months |
| 14 | | before application may submit
verification, on forms provided |
| 15 | | by the Department and signed
by the employee's his or her |
| 16 | | employer, of the employee's his or her previous full-time
|
| 17 | | employment as a peace officer.
|
| 18 | | (d) The Department may provide rules for the
|
| 19 | | administration of this Section.
|
| 20 | | (Source: P.A. 102-152, eff. 1-1-22.)
|
| 21 | | (225 ILCS 447/40-5)
|
| 22 | | (Section scheduled to be repealed on January 1, 2024)
|
| 23 | | Sec. 40-5. Injunctive relief. |
| 24 | | (a) The practice of a private
detective, private security |
| 25 | | contractor, private alarm
contractor, fingerprint vendor, |
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| 1 | | locksmith, private detective agency, private
security |
| 2 | | contractor agency, private alarm contractor agency,
|
| 3 | | fingerprint vendor agency, or locksmith agency by any person, |
| 4 | | firm, corporation, or other
legal entity that has not been |
| 5 | | issued a license by the
Department or whose license has been |
| 6 | | suspended, revoked, or
not renewed is hereby declared to be |
| 7 | | inimical to the public
safety and welfare and to constitute a |
| 8 | | public nuisance. The
Secretary may, in the name of the People |
| 9 | | of the State of Illinois through the Attorney General of the |
| 10 | | State of Illinois or the State's Attorney
of any county in |
| 11 | | which the violation is alleged to have occurred in the State of |
| 12 | | Illinois, petition for an order enjoining the violation or for |
| 13 | | an order enforcing compliance with this Act. Upon the
filing |
| 14 | | of a verified petition in court, if satisfied by
affidavit or |
| 15 | | otherwise that the person, firm, corporation, or
other legal |
| 16 | | entity is or has been conducting activities in
violation of |
| 17 | | this Act, the court may enter a temporary
restraining order or |
| 18 | | preliminary injunction, without bond,
enjoining the defendant |
| 19 | | from further activity. A copy of the
verified complaint shall |
| 20 | | be served upon the defendant and the
proceedings shall be |
| 21 | | conducted as in civil cases. If it is
established the |
| 22 | | defendant has been or is conducting activities
in violation of |
| 23 | | this Act, the court may enter a judgment
enjoining the |
| 24 | | defendant from that activity. In case of
violation of any |
| 25 | | injunctive order or judgment entered under
this Section, the |
| 26 | | court may punish the offender for contempt
of court. |
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| 1 | | Injunctive proceedings shall be in addition to all
other |
| 2 | | penalties under this Act.
|
| 3 | | (b) If any person practices as a private detective, |
| 4 | | private security contractor, private alarm contractor, |
| 5 | | fingerprint vendor, locksmith, private detective agency, |
| 6 | | private security contractor agency, private alarm contractor |
| 7 | | agency, fingerprint vendor agency, or locksmith agency or |
| 8 | | holds himself or herself out as such without having a valid |
| 9 | | license under this Act, then any licensee, any interested |
| 10 | | party, or any person injured thereby may, in addition to the |
| 11 | | Secretary, petition for relief as provided in subsection (a) |
| 12 | | of this Section. Reasonable attorney's fees and costs may be |
| 13 | | awarded to the licensee, interested party, or person injured |
| 14 | | if the licensee, interested party, or person injured he or she |
| 15 | | successfully obtains injunctive relief, whether by consent or |
| 16 | | otherwise. |
| 17 | | (Source: P.A. 102-418, eff. 8-20-21.)
|
| 18 | | (225 ILCS 447/40-10)
|
| 19 | | (Section scheduled to be repealed on January 1, 2024)
|
| 20 | | Sec. 40-10. Disciplinary sanctions.
|
| 21 | | (a) The Department may deny issuance, refuse to renew,
or |
| 22 | | restore or may reprimand, place on probation, suspend,
revoke, |
| 23 | | or take other disciplinary or non-disciplinary action against |
| 24 | | any license, registration, permanent employee
registration |
| 25 | | card, canine handler authorization card, canine trainer |
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| 1 | | authorization card, or firearm control
card, may
impose a fine |
| 2 | | not to exceed $10,000 for each violation, and may assess costs |
| 3 | | as provided for under Section 45-60, for
any of the following:
|
| 4 | | (1) Fraud, deception, or misrepresentation in |
| 5 | | obtaining or renewing of
a license or registration.
|
| 6 | | (2) Professional incompetence as manifested by poor
|
| 7 | | standards of service.
|
| 8 | | (3) Engaging in dishonorable, unethical, or
|
| 9 | | unprofessional conduct of a character likely to deceive,
|
| 10 | | defraud, or harm the public.
|
| 11 | | (4) Conviction of or plea of guilty or plea of nolo |
| 12 | | contendere to a felony or misdemeanor in this State or any |
| 13 | | other jurisdiction or the entry of an administrative |
| 14 | | sanction by a government agency in this State or any other |
| 15 | | jurisdiction; action taken under this paragraph (4) for a |
| 16 | | misdemeanor or an administrative sanction is limited to a |
| 17 | | misdemeanor or administrative sanction that has as an |
| 18 | | essential element of dishonesty or fraud or involves |
| 19 | | larceny, embezzlement, or obtaining money, property, or |
| 20 | | credit by false pretenses or by means of a confidence |
| 21 | | game.
|
| 22 | | (5) Performing any services in a grossly negligent
|
| 23 | | manner or permitting any of a licensee's employees to |
| 24 | | perform
services in a grossly negligent manner, regardless |
| 25 | | of whether
actual damage to the public is established.
|
| 26 | | (6) Continued practice, although the person
has become |
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| 1 | | unfit to practice due to any of the
following:
|
| 2 | | (A) Physical illness, mental illness, or other |
| 3 | | impairment, including, but not
limited to, |
| 4 | | deterioration through the aging process or loss of
|
| 5 | | motor skills that results in the inability to serve |
| 6 | | the public
with reasonable judgment, skill, or safety.
|
| 7 | | (B) (Blank).
|
| 8 | | (C) Habitual or excessive use or abuse of drugs |
| 9 | | defined in law as controlled substances, alcohol, or |
| 10 | | any other substance that results in the inability to |
| 11 | | practice with reasonable judgment, skill, or safety.
|
| 12 | | (7) Receiving, directly or indirectly, compensation
|
| 13 | | for any services not rendered.
|
| 14 | | (8) Willfully deceiving or defrauding the public on
a |
| 15 | | material matter.
|
| 16 | | (9) Failing to account for or remit any moneys or
|
| 17 | | documents coming into the licensee's possession that
|
| 18 | | belong to another person or entity.
|
| 19 | | (10) Discipline by another United States
jurisdiction, |
| 20 | | foreign nation, or governmental agency, if at least one of |
| 21 | | the grounds
for the discipline is the same or |
| 22 | | substantially equivalent to
those set forth in this Act.
|
| 23 | | (11) Giving differential treatment to a person that
is |
| 24 | | to that person's detriment because of race, color, creed,
|
| 25 | | sex, religion, or national origin.
|
| 26 | | (12) Engaging in false or misleading advertising.
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| 1 | | (13) Aiding, assisting, or willingly permitting
|
| 2 | | another person to violate this Act or rules promulgated |
| 3 | | under
it.
|
| 4 | | (14) Performing and charging for services without
|
| 5 | | authorization to do so from the person or entity serviced.
|
| 6 | | (15) Directly or indirectly offering or accepting
any |
| 7 | | benefit to or from any employee, agent, or fiduciary
|
| 8 | | without the consent of the latter's employer or principal |
| 9 | | with
intent to or the understanding that this action will |
| 10 | | influence
the person's his or her conduct in relation to |
| 11 | | the person's his or her employer's or
principal's affairs.
|
| 12 | | (16) Violation of any disciplinary order imposed on
a |
| 13 | | licensee by the Department.
|
| 14 | | (17) Performing any act or practice that is a |
| 15 | | violation of this Act or the rules for the administration |
| 16 | | of this Act, or having a conviction or administrative |
| 17 | | finding of guilty as a result of violating any federal or |
| 18 | | State laws, rules, or regulations that apply exclusively |
| 19 | | to the practices of private detectives, private alarm |
| 20 | | contractors, private security contractors, fingerprint |
| 21 | | vendors, or locksmiths.
|
| 22 | | (18) Owning, operating, or managing Conducting an |
| 23 | | agency without a valid license.
|
| 24 | | (19) Revealing confidential information, except as
|
| 25 | | required by law, including but not limited to information
|
| 26 | | available under Section 2-123 of the Illinois Vehicle |
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| 1 | | Code.
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| 2 | | (20) Failing to make available to the Department,
upon |
| 3 | | request, any books, records, or forms required by this
|
| 4 | | Act.
|
| 5 | | (21) Failing, within 30 days, to respond to a
written |
| 6 | | request for information from the Department.
|
| 7 | | (22) Failing to provide employment information or
|
| 8 | | experience information required by the Department |
| 9 | | regarding an
applicant for licensure.
|
| 10 | | (23) Failing to make available to the Department at
|
| 11 | | the time of the request any indicia of licensure or
|
| 12 | | registration issued under this Act.
|
| 13 | | (24) Purporting to be a licensee-in-charge of an
|
| 14 | | agency without active participation in the agency.
|
| 15 | | (25) A finding by the Department that the licensee, |
| 16 | | after having the licensee's his or her license placed on |
| 17 | | probationary status, has violated the terms of probation. |
| 18 | | (26) Violating subsection (f) of Section 30-30. |
| 19 | | (27) A firearm control card holder having more |
| 20 | | firearms in the holder's his or her immediate possession |
| 21 | | than the holder he or she can reasonably exercise control |
| 22 | | over. |
| 23 | | (28) Failure to report in writing to the Department, |
| 24 | | within 60 days of an entry of a settlement or a verdict in |
| 25 | | excess of $10,000, any legal action in which the quality |
| 26 | | of the licensee's or registrant's professional services |
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| 1 | | was the subject of the legal action. |
| 2 | | (b) All fines imposed under this Section shall be paid |
| 3 | | within 60 days after the effective date of the order imposing |
| 4 | | the fine.
|
| 5 | | (c) The Department shall adopt rules that set forth |
| 6 | | standards of service for the following:
(i) acceptable error |
| 7 | | rate in the transmission of fingerprint images and other data |
| 8 | | to the Illinois State Police;
(ii) acceptable error rate in |
| 9 | | the collection and documentation of information used to |
| 10 | | generate
fingerprint work orders;
and (iii) any other standard |
| 11 | | of service that affects fingerprinting services as determined |
| 12 | | by the
Department.
|
| 13 | | The determination by a circuit court that a licensee is |
| 14 | | subject to involuntary admission or judicial admission, as |
| 15 | | provided in the Mental Health and Developmental Disabilities |
| 16 | | Code, operates as an automatic suspension. The suspension will |
| 17 | | end only upon a finding by a court that the patient is no |
| 18 | | longer subject to involuntary admission or judicial admission |
| 19 | | and the issuance of an order so finding and discharging the |
| 20 | | patient. |
| 21 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 22 | | (225 ILCS 447/40-20)
|
| 23 | | (Section scheduled to be repealed on January 1, 2024)
|
| 24 | | Sec. 40-20. Confidential information; violation. Any
|
| 25 | | person who is or has been an employee of a licensee shall not
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| 1 | | divulge to anyone, other than to the person's his or her |
| 2 | | employer, except
as required by law or at the his employer's |
| 3 | | direction, any
confidential or proprietary information |
| 4 | | acquired during the person's his or
her employment. Any |
| 5 | | individual who violates this Section or
who files false papers |
| 6 | | or reports to the person's his or her employer may
be |
| 7 | | disciplined under Section 40-10 of this Act.
|
| 8 | | (Source: P.A. 93-438, eff. 8-5-03.)
|
| 9 | | (225 ILCS 447/40-25)
|
| 10 | | (Section scheduled to be repealed on January 1, 2024)
|
| 11 | | Sec. 40-25. Submission to physical or mental examination. |
| 12 | | (a) The Department or Board upon a showing of a possible |
| 13 | | violation may compel an individual licensed to practice under |
| 14 | | this Act, or who has applied for licensure under this Act, to |
| 15 | | submit to a mental or physical examination, or both, which may
|
| 16 | | include a substance abuse or sexual offender evaluation, as |
| 17 | | required by and at the expense of the Department. The
|
| 18 | | Department or Board shall specifically designate the examining
|
| 19 | | physician licensed to practice medicine in all of its branches
|
| 20 | | or, if applicable, the multidisciplinary team involved in
|
| 21 | | providing the mental or physical examination, evaluation,
or |
| 22 | | both. The multidisciplinary team shall be led by a
physician |
| 23 | | licensed to practice medicine in all of its branches
and may |
| 24 | | consist of one or more or a combination of physicians
licensed |
| 25 | | to practice medicine in all of its branches, licensed
|
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| 1 | | chiropractic physicians, licensed clinical psychologists,
|
| 2 | | licensed clinical social workers, licensed clinical
|
| 3 | | professional counselors, and other professional and
|
| 4 | | administrative staff. Any examining physician or member of the
|
| 5 | | multidisciplinary team may require any person ordered to
|
| 6 | | submit to an examination and evaluation pursuant to this
|
| 7 | | Section to submit to any additional supplemental testing
|
| 8 | | deemed necessary to complete any examination or evaluation
|
| 9 | | process, including, but not limited to, blood testing,
|
| 10 | | urinalysis, psychological testing, or neuropsychological
|
| 11 | | testing. The Department or the Board may order the examining
|
| 12 | | physician or any member of the multidisciplinary team to
|
| 13 | | provide to the Department any and all records, including
|
| 14 | | business records, that relate to the examination and
|
| 15 | | evaluation, including any supplemental testing performed. The
|
| 16 | | Department or the Board may order the examining physician or
|
| 17 | | any member of the multidisciplinary team to present testimony
|
| 18 | | concerning this examination and evaluation of the licensee or
|
| 19 | | applicant, including testimony concerning any supplemental
|
| 20 | | testing or documents relating to the examination and
|
| 21 | | evaluation. No information, report, record, or other documents
|
| 22 | | in any way related to the examination and evaluation shall be
|
| 23 | | excluded by reason of any common law or statutory privilege
|
| 24 | | relating to communication between the licensee or applicant
|
| 25 | | and the examining physician or any member of the
|
| 26 | | multidisciplinary team. No authorization is necessary from the
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| 1 | | licensee or applicant ordered to undergo an evaluation and
|
| 2 | | examination for the examining physician or any member of the
|
| 3 | | multidisciplinary team to provide information, reports,
|
| 4 | | records, or other documents or to provide any testimony
|
| 5 | | regarding the examination and evaluation. The individual to be |
| 6 | | examined may have, at the individual's his or her own expense, |
| 7 | | another physician of the individual's his or her choice |
| 8 | | present during all aspects of this examination. Failure of an |
| 9 | | individual to submit to a mental or physical examination, or |
| 10 | | both, when directed, shall result in automatic suspension |
| 11 | | without hearing, until such time as the individual submits to |
| 12 | | the examination. |
| 13 | | (b) In instances in which the Secretary immediately |
| 14 | | suspends a person's license for the person's his or her |
| 15 | | failure to submit to a mental or physical examination when |
| 16 | | directed, a hearing on that person's license must be convened |
| 17 | | by the Department within 15 days after the suspension and |
| 18 | | completed without appreciable delay. |
| 19 | | (c) In instances in which the Secretary otherwise suspends |
| 20 | | a person's license pursuant to the results of a compelled |
| 21 | | mental or physical examination, a hearing on that person's |
| 22 | | license must be convened by the Department within 15 days |
| 23 | | after the suspension and completed without appreciable delay. |
| 24 | | The Department and Board shall have the authority to review |
| 25 | | the subject individual's record of treatment and counseling |
| 26 | | regarding the impairment to the extent permitted by applicable |
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| 1 | | federal statutes and regulations safeguarding the |
| 2 | | confidentiality of medical records. |
| 3 | | (d) An individual licensed under this Act and affected |
| 4 | | under this Section shall be afforded an opportunity to |
| 5 | | demonstrate to the Department or Board that the individual he |
| 6 | | or she can resume practice in compliance with acceptable and |
| 7 | | prevailing standards under the provisions of the individual's |
| 8 | | his or her license.
|
| 9 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 10 | | (225 ILCS 447/40-30)
|
| 11 | | (Section scheduled to be repealed on January 1, 2024)
|
| 12 | | Sec. 40-30. Insufficient funds; checks. A person who
|
| 13 | | delivers a check or other payment to the Department that is
|
| 14 | | returned to the Department unpaid by the financial institution
|
| 15 | | upon which it was drawn shall pay to the Department, in
|
| 16 | | addition to the amount already owed, a penalty of $50. The
|
| 17 | | Department shall notify the person by first class mail
that |
| 18 | | the person's his or her check
or payment was returned and that |
| 19 | | the person shall pay to the
Department by certified check or |
| 20 | | money order the amount of the
returned check plus a $50 penalty |
| 21 | | within 30 calendar days
after the date of the notification. |
| 22 | | If, after the expiration
of 30 calendar days of the |
| 23 | | notification, the person has failed
to remit the necessary |
| 24 | | funds and penalty, the Department shall
automatically |
| 25 | | terminate the license or deny the application
without a |
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| 1 | | hearing. If the returned check or other payment was
for |
| 2 | | issuance of a license under this Act and that person
practices |
| 3 | | as a licensee, that person may be subject to
discipline for |
| 4 | | unlicensed practice as provided in this Act.
If, after |
| 5 | | termination or denial, the person seeks a license,
the person |
| 6 | | he or she shall petition the Department for restoration and |
| 7 | | the person he
or she may be subject to additional discipline or |
| 8 | | fines. The Secretary
may waive the penalties or fines due |
| 9 | | under this
Section in individual cases where the Secretary |
| 10 | | finds that the
penalties or fines would be unreasonable or |
| 11 | | unnecessarily
burdensome.
|
| 12 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 13 | | (225 ILCS 447/45-10)
|
| 14 | | (Section scheduled to be repealed on January 1, 2024)
|
| 15 | | Sec. 45-10. Complaints; investigations; hearings.
|
| 16 | | (a) The Department may investigate the actions of
any |
| 17 | | applicant or of any person or persons holding or claiming
to |
| 18 | | hold a license or registration under this Act.
|
| 19 | | (b) The Department shall,
before disciplining a
licensee |
| 20 | | under Section 40-10 or refusing to issue or license, at least |
| 21 | | 30 days before the date
set for the hearing, (i) notify the |
| 22 | | accused in writing of the
charges made and the time and place |
| 23 | | for the hearing on the
charges, (ii) direct the accused him or |
| 24 | | her to file a written answer to
the charges under oath within |
| 25 | | 20 days after service, and (iii)
inform the applicant or |
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| 1 | | licensee that failure to answer will
result in a default being |
| 2 | | entered against the applicant or
licensee.
|
| 3 | | (c) At the time and place fixed in the notice, the Board
or |
| 4 | | the hearing officer appointed by the Secretary shall
proceed |
| 5 | | to hear the charges, and the parties or their counsel
shall be |
| 6 | | accorded ample opportunity to present any pertinent
|
| 7 | | statements, testimony, evidence, and arguments. The Board or
|
| 8 | | hearing officer may continue the hearing from time to time. In
|
| 9 | | case the person, after receiving the notice, fails to file an
|
| 10 | | answer, the person's his or her license may, in the discretion |
| 11 | | of the
Secretary, having first received the recommendation of |
| 12 | | the
Board, be suspended, revoked, or placed on probationary
|
| 13 | | status, or be subject to whatever disciplinary action the
|
| 14 | | Secretary considers proper, including limiting the scope,
|
| 15 | | nature, or extent of the person's practice or the imposition
|
| 16 | | of a fine, without hearing, if the act or acts charged
|
| 17 | | constitute sufficient grounds for that action under this Act.
|
| 18 | | (d) The written notice and any notice in the subsequent
|
| 19 | | proceeding may be served by regular or certified mail to the
|
| 20 | | licensee's address of record or electronically to the |
| 21 | | licensee's email address of record.
|
| 22 | | (e) The Secretary has the authority to appoint any
|
| 23 | | attorney licensed to practice law in the State of Illinois
to |
| 24 | | serve as the hearing officer in any action for refusal
to |
| 25 | | issue, restore, or renew a license or to discipline a
|
| 26 | | licensee. The hearing officer has full authority to
conduct |
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| 1 | | the hearing.
|
| 2 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 3 | | (225 ILCS 447/45-15)
|
| 4 | | (Section scheduled to be repealed on January 1, 2024)
|
| 5 | | Sec. 45-15. Hearing; rehearing.
|
| 6 | | (a) The Board or the hearing officer authorized by the
|
| 7 | | Department shall hear evidence in support of the formal
|
| 8 | | charges and evidence produced by the licensee. At the
|
| 9 | | conclusion of the hearing, the Board shall present to the |
| 10 | | Secretary a written report of its findings of
fact, |
| 11 | | conclusions of law, and recommendations. The
report shall |
| 12 | | contain a finding of whether the accused
person violated this |
| 13 | | Act or failed to comply with the
conditions required in this |
| 14 | | Act. The Board shall specify
the nature of the violation or |
| 15 | | failure to comply and shall
make its recommendation to the |
| 16 | | Secretary.
|
| 17 | | (b) At the conclusion of the hearing, a copy of the Board |
| 18 | | or hearing officer's report shall be served upon the
applicant |
| 19 | | or licensee by the Department, either personally
or as |
| 20 | | provided in this Act for the service of a notice of
hearing. |
| 21 | | Within 20 calendar days after service, the
applicant or |
| 22 | | licensee may present to the Secretary Department a
motion in |
| 23 | | writing for a rehearing, which shall specify the
particular |
| 24 | | grounds for rehearing. The Department may
respond to the |
| 25 | | motion for rehearing within 20 calendar
days after its service |
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| 1 | | on the Department. If no motion for
rehearing is filed, then |
| 2 | | upon the expiration of the time
specified for filing such a |
| 3 | | motion, or upon denial of a motion for rehearing, the |
| 4 | | Secretary may
enter an order in accordance with the |
| 5 | | recommendations of
the Board or hearing officer. If the |
| 6 | | applicant or licensee
orders from the reporting service and |
| 7 | | pays for a
transcript of the record within the time for filing |
| 8 | | a
motion for rehearing, the 20-day period within which a
|
| 9 | | motion may be filed shall commence upon the delivery of
the |
| 10 | | transcript to the applicant or licensee.
|
| 11 | | (c) If the Secretary disagrees in any regard with the
|
| 12 | | report of the Board or the hearing officer, the Secretary may |
| 13 | | issue an order contrary to the report. The finding is not |
| 14 | | admissible
in evidence against the person in a criminal |
| 15 | | prosecution
brought for the violation of this Act, but the |
| 16 | | hearing and
findings are not a bar to a criminal prosecution |
| 17 | | for the
violation of this Act. |
| 18 | | (d) Whenever
the Secretary is not satisfied that |
| 19 | | substantial justice has been done, the Secretary
may order a |
| 20 | | rehearing by
the same or another hearing officer.
|
| 21 | | (e) All proceedings under this Section are matters of
|
| 22 | | public record and shall be preserved.
|
| 23 | | (f) Upon the suspension or revocation of a license, the
|
| 24 | | licensee shall surrender the license to the Department and,
|
| 25 | | upon failure to do so, the Department shall seize the same.
|
| 26 | | (Source: P.A. 98-253, eff. 8-9-13.)
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| 1 | | (225 ILCS 447/45-40)
|
| 2 | | (Section scheduled to be repealed on January 1, 2024)
|
| 3 | | Sec. 45-40. Administrative review. All final
|
| 4 | | administrative decisions of the Department
are subject to |
| 5 | | judicial review under
Article III of the Code of Civil |
| 6 | | Procedure. The term
"administrative decision" is defined as in |
| 7 | | Section 3-101 of
the Code of Civil Procedure. The proceedings |
| 8 | | for judicial
review shall be commenced in the circuit court of |
| 9 | | the county
in which the party applying for review resides; but |
| 10 | | if
the party is not a resident of Illinois, the venue shall be |
| 11 | | in
Sangamon County. The Department shall not be required to
|
| 12 | | certify any record to the court or file any answer in court
or |
| 13 | | otherwise appear in any court in a judicial review
proceeding, |
| 14 | | unless and until the Department has received from the |
| 15 | | plaintiff payment of the costs of furnishing and certifying |
| 16 | | the record, which costs shall be determined by the Department.
|
| 17 | | Exhibits shall be certified without cost. Failure on the part
|
| 18 | | of the applicant or licensee to file a receipt in court is |
| 19 | | grounds for
dismissal of the action. During all judicial |
| 20 | | proceedings
incident to a disciplinary action, the sanctions
|
| 21 | | imposed upon a licensee by the Department shall remain in
|
| 22 | | effect, unless the court determines justice requires a stay of
|
| 23 | | the order.
|
| 24 | | (Source: P.A. 96-1445, eff. 8-20-10.)
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| 1 | | (225 ILCS 447/45-55)
|
| 2 | | (Section scheduled to be repealed on January 1, 2024)
|
| 3 | | Sec. 45-55. Subpoenas.
|
| 4 | | (a) The Department may subpoena and bring before it any
|
| 5 | | person to take the oral or written testimony or compel the |
| 6 | | production of any books, papers, records, or any other |
| 7 | | documents that the Secretary or the Secretary's his or her |
| 8 | | designee deems relevant or material to any such investigation |
| 9 | | or hearing conducted by the Department
with the same fees and |
| 10 | | in the
same manner as prescribed in civil cases in the courts |
| 11 | | of this State.
|
| 12 | | (b) Any circuit court, upon the application of the |
| 13 | | applicant,
licensee, or Department, may order
the
attendance |
| 14 | | and testimony of witnesses and the production of relevant |
| 15 | | documents, files, records, books
and papers in connection with |
| 16 | | any hearing or investigation.
The
circuit court may compel |
| 17 | | obedience to its order by proceedings
for contempt.
|
| 18 | | (c) The Secretary, the hearing officer, any member of the |
| 19 | | Board, or a certified
shorthand court reporter may administer |
| 20 | | oaths at any hearing
the Department conducts. Notwithstanding |
| 21 | | any other statute or
Department rule to the contrary, all |
| 22 | | requests for testimony,
production of documents or records |
| 23 | | shall be in
accordance with this Act.
|
| 24 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 25 | | (225 ILCS 447/50-5)
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| 1 | | (Section scheduled to be repealed on January 1, 2024)
|
| 2 | | Sec. 50-5. Personnel; investigators. The Secretary shall
|
| 3 | | employ, pursuant to the Personnel Code, personnel, on a |
| 4 | | full-time or part-time
basis, for the enforcement of this
Act. |
| 5 | | Each investigator shall have a minimum of 2 years
|
| 6 | | investigative experience out of the immediately preceding 5
|
| 7 | | years. No investigator may hold an active license issued
|
| 8 | | pursuant to this Act, nor may an investigator have a financial
|
| 9 | | interest in a business licensed under this Act. This
|
| 10 | | prohibition, however, does not apply to an investigator
|
| 11 | | holding stock in a business licensed under this Act, provided
|
| 12 | | the investigator does not hold more than 5% of the stock in
the |
| 13 | | business. Any person licensed under this Act who is
employed |
| 14 | | by the Department shall surrender the person's his or her |
| 15 | | license
to the Department for the duration of that employment. |
| 16 | | The
licensee shall be exempt from all renewal fees while |
| 17 | | employed.
While employed by the Department, the licensee is |
| 18 | | not required
to maintain the general liability insurance |
| 19 | | coverage required
by this Act.
|
| 20 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 21 | | (225 ILCS 447/50-10)
|
| 22 | | (Section scheduled to be repealed on January 1, 2024)
|
| 23 | | Sec. 50-10. The Private Detective,
Private Alarm, Private |
| 24 | | Security, Fingerprint Vendor, and Locksmith Board. |
| 25 | | (a) The Private Detective, Private
Alarm, Private |
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| 1 | | Security, Fingerprint Vendor, and Locksmith Board shall |
| 2 | | consist of
13 members appointed by the Secretary and comprised |
| 3 | | of 2
licensed private detectives, 3 licensed private security
|
| 4 | | contractors, one licensed private detective or licensed |
| 5 | | private security contractor who provides canine odor detection |
| 6 | | services, 2 licensed private alarm contractors, one licensed |
| 7 | | fingerprint vendor except for the initial appointment who |
| 8 | | shall be required to have experience in the fingerprint vendor |
| 9 | | industry that is acceptable to the Department, 2 licensed
|
| 10 | | locksmiths, one public member who is not licensed or
|
| 11 | | registered under this Act and who has no connection with a
|
| 12 | | business licensed under this Act, and one member representing
|
| 13 | | the employees registered under this Act. Each member shall be
|
| 14 | | a resident of Illinois. Each Except for the initial |
| 15 | | appointment of a licensed fingerprint vendor after the |
| 16 | | effective date of this amendatory Act of the 95th General |
| 17 | | Assembly, each licensed member shall have at
least 5 years |
| 18 | | experience as a licensee in the professional
area in which the |
| 19 | | person is licensed and be in good standing
and actively |
| 20 | | engaged in that profession. In making
appointments, the |
| 21 | | Secretary shall consider the recommendations
of the |
| 22 | | professionals and the professional organizations
representing |
| 23 | | the licensees. The membership shall reasonably
reflect the |
| 24 | | different geographic areas in Illinois.
|
| 25 | | (b) Members shall serve 4 year terms and may serve until
|
| 26 | | their successors are appointed. No member shall serve for
more |
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| 1 | | than 2 successive terms. Appointments to fill vacancies
shall |
| 2 | | be made in the same manner as the original appointments
for the |
| 3 | | unexpired portion of the vacated term.
|
| 4 | | (c) A member of the Board may be removed for cause. A
|
| 5 | | member subject to formal disciplinary proceedings shall
|
| 6 | | disqualify oneself himself or herself from all Board business |
| 7 | | until
the charge is resolved. A member also shall disqualify
|
| 8 | | oneself himself or herself from any matter on which the member |
| 9 | | cannot
act objectively.
|
| 10 | | (d) Members shall receive compensation as set by law.
Each |
| 11 | | member shall receive reimbursement as set by the
Governor's |
| 12 | | Travel Control Board for expenses incurred in
carrying out the |
| 13 | | duties as a Board member.
|
| 14 | | (e) A majority of Board members constitutes a quorum. A
|
| 15 | | majority vote of the quorum is required for a decision.
|
| 16 | | (f) The Board shall elect a chairperson and vice
|
| 17 | | chairperson annually.
|
| 18 | | (g) Board members are not liable for their acts,
|
| 19 | | omissions, decisions, or other conduct in connection with
|
| 20 | | their duties on the Board, except those determined to be
|
| 21 | | willful, wanton, or intentional misconduct.
|
| 22 | | (h) The Board may recommend policies, procedures, and
|
| 23 | | rules relevant to the administration and enforcement of this
|
| 24 | | Act.
|
| 25 | | (Source: P.A. 98-253, eff. 8-9-13.)
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| 1 | | (225 ILCS 447/50-15)
|
| 2 | | (Section scheduled to be repealed on January 1, 2024)
|
| 3 | | Sec. 50-15. Powers and duties of the Department. Subject |
| 4 | | to the provisions of this Act, the Department may exercise the |
| 5 | | following powers and duties:
|
| 6 | | (1) Prescribe forms to be issued for
the |
| 7 | | administration and enforcement of this Act.
|
| 8 | | (2) Authorize examinations to ascertain the |
| 9 | | qualifications and fitness of applicants for licensing as |
| 10 | | a locksmith, private alarm contractor, private detective, |
| 11 | | or private security contractor and pass upon the |
| 12 | | qualifications of applicants for licensure. |
| 13 | | (3) Examine the records of licensees or investigate |
| 14 | | any other aspect of fingerprint vending, locksmithing, |
| 15 | | private alarm contracting, private security contracting, |
| 16 | | or practicing as a private detective that is relevant to |
| 17 | | the Department's investigation or hearing. |
| 18 | | (4) Conduct hearings on proceedings to refuse to issue |
| 19 | | or renew licenses or to revoke, suspend, place on |
| 20 | | probation, reprimand, or otherwise discipline a license |
| 21 | | under this Act or take other non-disciplinary action. |
| 22 | | (5) Adopt rules required for the administration of |
| 23 | | this Act. |
| 24 | | (6) (Blank). Maintain rosters of the names and |
| 25 | | addresses of all licensees and all persons whose licenses |
| 26 | | have been suspended, revoked, denied renewal, or otherwise |
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| 1 | | disciplined within the previous calendar year. These |
| 2 | | rosters shall be available upon written request and |
| 3 | | payment of the required fee as established by rule. |
| 4 | | (Source: P.A. 98-253, eff. 8-9-13.)
|
| 5 | | (225 ILCS 447/50-20)
|
| 6 | | (Section scheduled to be repealed on January 1, 2024)
|
| 7 | | Sec. 50-20. Rules. The Department may promulgate rules
for |
| 8 | | the administration and enforcement of this Act. The rules
|
| 9 | | shall include standards for registration, licensure,
|
| 10 | | professional conduct, and discipline. The Department shall
|
| 11 | | consult with the Board prior to promulgating any rule.
|
| 12 | | Proposed rules shall be transmitted, prior to publication in
|
| 13 | | the Illinois Register, to the Board and the Department shall
|
| 14 | | review the Board's recommendations and shall notify the Board
|
| 15 | | with an explanation of any deviations from the Board's
|
| 16 | | recommendations.
|
| 17 | | (Source: P.A. 93-438, eff. 8-5-03.)
|
| 18 | | (225 ILCS 447/50-45) |
| 19 | | (Section scheduled to be repealed on January 1, 2024) |
| 20 | | Sec. 50-45. Illinois Administrative Procedure Act; |
| 21 | | application. The Illinois Administrative Procedure Act is |
| 22 | | expressly adopted and incorporated in this Act as if all of the |
| 23 | | provisions of that Act were included in this Act, except that |
| 24 | | the provision of paragraph (d) of Section 10-65 of the |
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| 1 | | Illinois Administrative Procedure Act, which provides that at |
| 2 | | hearings the registrant or licensee has the right to show |
| 3 | | compliance with all lawful requirements for retention or |
| 4 | | continuation or renewal of the license, is specifically |
| 5 | | excluded. For the purpose of this Act, the notice required |
| 6 | | under Section 10-25 of the Illinois Administrative Procedure |
| 7 | | Act is considered sufficient when mailed to the address of |
| 8 | | record or sent electronically to the email address of record |
| 9 | | last known address of a party.
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| 10 | | (Source: P.A. 96-1445, eff. 8-20-10.)
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| 11 | | (225 ILCS 447/50-35 rep.)
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| 12 | | Section 15. The Private Detective, Private Alarm, Private |
| 13 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is |
| 14 | | amended by repealing Section 50-35.
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| 15 | | Section 99. Effective date. This Section and Section 5 |
| 16 | | take effect upon becoming law.
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INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 5 ILCS 80/4.34 | | | | 4 | | 5 ILCS 80/4.39 | | | | 5 | | 225 ILCS 447/5-10 | | | | 6 | | 225 ILCS 447/10-5 | | | | 7 | | 225 ILCS 447/10-20 | | | | 8 | | 225 ILCS 447/10-37 | | | | 9 | | 225 ILCS 447/10-45 | | | | 10 | | 225 ILCS 447/15-5 | | | | 11 | | 225 ILCS 447/15-10 | | | | 12 | | 225 ILCS 447/15-15 | | | | 13 | | 225 ILCS 447/15-25 | | | | 14 | | 225 ILCS 447/20-10 | | | | 15 | | 225 ILCS 447/20-15 | | | | 16 | | 225 ILCS 447/20-20 | | | | 17 | | 225 ILCS 447/25-5 | | | | 18 | | 225 ILCS 447/25-10 | | | | 19 | | 225 ILCS 447/25-15 | | | | 20 | | 225 ILCS 447/25-20 | | | | 21 | | 225 ILCS 447/25-30 | | | | 22 | | 225 ILCS 447/30-5 | | | | 23 | | 225 ILCS 447/30-10 | | | | 24 | | 225 ILCS 447/30-15 | | | | 25 | | 225 ILCS 447/30-20 | | |
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| | 1 | | 225 ILCS 447/30-30 | | | | 2 | | 225 ILCS 447/31-5 | | | | 3 | | 225 ILCS 447/31-10 | | | | 4 | | 225 ILCS 447/31-15 | | | | 5 | | 225 ILCS 447/31-20 | | | | 6 | | 225 ILCS 447/35-5 | | | | 7 | | 225 ILCS 447/35-10 | | | | 8 | | 225 ILCS 447/35-15 | | | | 9 | | 225 ILCS 447/35-25 | | | | 10 | | 225 ILCS 447/35-30 | | | | 11 | | 225 ILCS 447/35-35 | | | | 12 | | 225 ILCS 447/35-43 | | | | 13 | | 225 ILCS 447/35-45 | | | | 14 | | 225 ILCS 447/40-5 | | | | 15 | | 225 ILCS 447/40-10 | | | | 16 | | 225 ILCS 447/40-20 | | | | 17 | | 225 ILCS 447/40-25 | | | | 18 | | 225 ILCS 447/40-30 | | | | 19 | | 225 ILCS 447/45-10 | | | | 20 | | 225 ILCS 447/45-15 | | | | 21 | | 225 ILCS 447/45-40 | | | | 22 | | 225 ILCS 447/45-55 | | | | 23 | | 225 ILCS 447/50-5 | | | | 24 | | 225 ILCS 447/50-10 | | | | 25 | | 225 ILCS 447/50-15 | | | | 26 | | 225 ILCS 447/50-20 | | |
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