Bill Text: IL SB1664 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 from January 1, 2014 to January 1, 2024. Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Makes changes to provisions concerning definitions, legislative intent, issuance of license, unlawful acts, exemptions, qualifications for licensure under the Act, training for private security contractors and employees, uniforms, consumer protection, inspection of facilities, renewal of licenses, employee requirements, employment requirements, requirement for a firearm control card and training, armed proprietary security forces, injunctive relief, discipline, submission to physical or mental examination, complaints, investigations, and hearings, suspension of licenses, restoration of licenses, unlicensed practice, the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Board, powers and duties of the Department of Financial and Professional Regulation, and confidentiality. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 51-27)
Status: (Passed) 2013-06-28 - Public Act . . . . . . . . . 98-0045 [SB1664 Detail]
Download: Illinois-2013-SB1664-Amended.html
Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 from January 1, 2014 to January 1, 2024. Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Makes changes to provisions concerning definitions, legislative intent, issuance of license, unlawful acts, exemptions, qualifications for licensure under the Act, training for private security contractors and employees, uniforms, consumer protection, inspection of facilities, renewal of licenses, employee requirements, employment requirements, requirement for a firearm control card and training, armed proprietary security forces, injunctive relief, discipline, submission to physical or mental examination, complaints, investigations, and hearings, suspension of licenses, restoration of licenses, unlicensed practice, the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Board, powers and duties of the Department of Financial and Professional Regulation, and confidentiality. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 51-27)
Status: (Passed) 2013-06-28 - Public Act . . . . . . . . . 98-0045 [SB1664 Detail]
Download: Illinois-2013-SB1664-Amended.html
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1 | AMENDMENT TO SENATE BILL 1664
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2 | AMENDMENT NO. ______. Amend Senate Bill 1664 on page 2, | ||||||
3 | immediately below line 3, by inserting the following:
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4 | "Section 10. The Department of Professional Regulation Law | ||||||
5 | of the
Civil Administrative Code of Illinois is amended by | ||||||
6 | adding Sections 2105-130 and 2105-135 as follows:
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7 | (20 ILCS 2105/2105-130 new) | ||||||
8 | Sec. 2105-130. Determination of disciplinary sanctions. | ||||||
9 | Upon a finding by the Department that a person has committed a | ||||||
10 | violation of any licensing Act administered by the Department | ||||||
11 | with regard to licenses, certificates, or authorities of | ||||||
12 | persons exercising the respective professions, trades, or | ||||||
13 | occupations, the Department may revoke, suspend, refuse to | ||||||
14 | renew, place on probationary status, fine, or take any other | ||||||
15 | disciplinary action as authorized in any licensing Act | ||||||
16 | administered by the Department with regard to those licenses, |
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1 | certificates, or authorities. When making a determination of | ||||||
2 | the appropriate disciplinary sanction to be imposed, the | ||||||
3 | Department shall consider, but is not limited to, the following | ||||||
4 | factors in aggravation: | ||||||
5 | (1) the seriousness of the offenses; | ||||||
6 | (2) the presence of multiple offenses; | ||||||
7 | (3) prior disciplinary history, including actions | ||||||
8 | taken by other agencies in this State or by other States or | ||||||
9 | jurisdictions, hospitals, health care facilities, | ||||||
10 | residency programs, employers, insurance providers, or any | ||||||
11 | of the armed forces of the United States or any state; | ||||||
12 | (4) the impact of the offenses on any injured party; | ||||||
13 | (5) the vulnerability of any injured party, including, | ||||||
14 | but not limited to, consideration of the injured party's | ||||||
15 | age, disability, or mental illness; | ||||||
16 | (6) the motive for the offenses; | ||||||
17 | (7) the lack of contrition for the offenses; | ||||||
18 | (8) financial gain as a result of committing the | ||||||
19 | offenses; and | ||||||
20 | (9) the lack of cooperation with the Department or | ||||||
21 | other investigative authorities. | ||||||
22 | When making a determination of the appropriate | ||||||
23 | disciplinary sanction to be imposed, the Department shall | ||||||
24 | consider, but is not limited to, the following factors in | ||||||
25 | mitigation: | ||||||
26 | (1) the lack of prior disciplinary action by the |
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1 | Department or by other agencies in this State or by other | ||||||
2 | states or jurisdictions, hospitals, health care | ||||||
3 | facilities, residency programs, employers, insurance | ||||||
4 | providers, or any of the armed forces of the United States | ||||||
5 | or any state; | ||||||
6 | (2) contrition for the offenses; | ||||||
7 | (3) cooperation with the Department or other | ||||||
8 | investigative authorities; | ||||||
9 | (4) restitution to injured parties; | ||||||
10 | (5) whether the misconduct was self-reported; and | ||||||
11 | (6) any voluntary remedial actions taken.
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12 | (20 ILCS 2105/2105-135 new) | ||||||
13 | Sec. 2105-135. Judicial review. | ||||||
14 | (a) All final administrative decisions of the Department | ||||||
15 | are subject to judicial review under the Administrative Review | ||||||
16 | Law. The term "administrative decision" has the same meaning as | ||||||
17 | in Section 3-101 of the Code of Civil Procedure. | ||||||
18 | (b) Proceedings for judicial review shall be commenced in | ||||||
19 | the circuit court of the county in which the party applying for | ||||||
20 | review resides, but if the party is not a resident of Illinois, | ||||||
21 | the venue shall be in Sangamon County. | ||||||
22 | (c) In every action to review any final administrative | ||||||
23 | decision, the factual findings and conclusions of the | ||||||
24 | Department are deemed prima facie true and correct. The court | ||||||
25 | shall determine whether those findings are contrary to the |
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1 | manifest weight of the evidence. Notwithstanding any other | ||||||
2 | provision in the Administrative Review Law or the Illinois | ||||||
3 | Administrative Procedure Act to the contrary, judicial review | ||||||
4 | of any sanction imposed in a final administrative decision by | ||||||
5 | the Department for violation of any licensing Act administered | ||||||
6 | by the Department may include consideration of sanctions | ||||||
7 | imposed in previous disciplinary actions against other | ||||||
8 | licensees. However, that consideration by a reviewing court may | ||||||
9 | only be one factor in any review and shall not be dispositive | ||||||
10 | of any appeal of the sanction imposed by the Department. "; and
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11 | on page 2, line 4, by replacing "10." with "15.".
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