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| [ House Amendment 002 ] |
90_SB1251ham001
LRB9007767ACsbam02
1 AMENDMENT TO SENATE BILL 1251
2 AMENDMENT NO. . Amend Senate Bill 1251 by replacing
3 the title with the following:
4 "AN ACT regarding the regulation of professions."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Office of Banks and Real Estate Act is
8 amended by changing Section 5 and adding Section 6.5 as
9 follows:
10 (20 ILCS 3205/5) (from Ch. 17, par. 455)
11 Sec. 5. Powers. In addition to all the other powers and
12 duties provided by law, the Commissioner shall have the
13 following powers:
14 (a) To exercise the rights, powers and duties formerly
15 vested by law in the Director of Financial Institutions under
16 the Illinois Banking Act.
17 (b) To exercise the rights, powers and duties formerly
18 vested by law in the Department of Financial Institutions
19 under "An act to provide for and regulate the administration
20 of trusts by trust companies", approved June 15, 1887, as
21 amended.
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1 (c) To exercise the rights, powers and duties formerly
2 vested by law in the Director of Financial Institutions under
3 "An act authorizing foreign corporations, including banks and
4 national banking associations domiciled in other states, to
5 act in a fiduciary capacity in this state upon certain
6 conditions herein set forth", approved July 13, 1953, as
7 amended.
8 (d) Whenever the Commissioner is authorized or required
9 by law to consider or to make findings regarding the
10 character of incorporators, directors, management personnel,
11 or other relevant individuals under the Illinois Banking Act,
12 or the Corporate Fiduciary Act, the Pawnbroker Regulation
13 Act, or at other times as the Commissioner deems necessary
14 for the purpose of carrying out the Commissioner's statutory
15 powers and responsibilities, the Commissioner shall consider
16 criminal history record information, including nonconviction
17 information, pursuant to the Criminal Identification Act.
18 The Commissioner shall, in the form and manner required by
19 the Department of State Police and the Federal Bureau of
20 Investigation, cause to be conducted a criminal history
21 record investigation to obtain information currently
22 contained in the files of the Department of State Police or
23 the Federal Bureau of Investigation, provided that the
24 Commissioner need not cause additional criminal history
25 record investigations to be conducted on individuals for whom
26 the Commissioner, or a federal bank regulatory agency, or any
27 other government agency has caused such investigations to
28 have been conducted previously unless such additional
29 investigations are otherwise required by law or unless the
30 Commissioner deems such additional investigations to be
31 necessary for the purposes of carrying out the Commissioner's
32 statutory powers and responsibilities. The Department of
33 State Police shall provide, on the Commissioner's request,
34 information concerning criminal charges and their disposition
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1 currently on file with respect to a relevant individual.
2 Information obtained as a result of an investigation under
3 this Section shall be used in determining eligibility to be
4 an incorporator, director, management personnel, or other
5 relevant individual in relation to a financial institution or
6 other entity supervised by the Commissioner. Upon request
7 and payment of fees in conformance with the requirements of
8 paragraph (22) of subsection (A) of Section 55a of the Civil
9 Administrative Code of Illinois, the Department of State
10 Police is authorized to furnish, pursuant to positive
11 identification, such information contained in State files as
12 is necessary to fulfill the request.
13 (Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97.)
14 (20 ILCS 3205/6.5 new)
15 Sec. 6.5. Commissioner, boards, actions taken. Neither
16 the Commissioner, any deputy commissioner, any member of any
17 Board or committee which performs functions related to Acts
18 administered by the Commissioner, nor any employee of the
19 Commissioner's office shall be subject to any civil liability
20 or penalty, whether for damages or otherwise, on account of
21 or for any action taken or omitted to be taken in their
22 respective official capacities, except when such acts or
23 omissions to act are corrupt or malicious or unless such
24 action is taken or omitted to be taken not in good faith and
25 without reasonable grounds.
26 Section 10. The Pawnbroker Regulation Act is amended by
27 changing Sections 0.05, 1, 7, and 7.5 and adding Section 1.5
28 as follows:
29 (205 ILCS 510/0.05)
30 (This Section may contain text from a Public Act with a
31 delayed effective date)
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1 Sec. 0.05. Administration of Act.
2 (a) This Act shall be administered by the Commissioner
3 of Banks and Real Estate who shall have all of the following
4 powers and duties in administering this Act:
5 (1) To promulgate reasonable rules for the purpose
6 of administering the provisions of this Act.
7 (2) To issue orders for the purpose of
8 administering the provisions of this Act and any rule
9 promulgated in accordance with this Act.
10 (3) To appoint hearing officers and to hire
11 employees or to contract with appropriate persons to
12 execute any of the powers granted to the Commissioner
13 under this Section for the purpose of administering this
14 Act and any rule promulgated in accordance with this Act.
15 (4) To subpoena witnesses, to compel their
16 attendance, to administer an oath, to examine any person
17 under oath, and to require the production of any relevant
18 books, papers, accounts, and documents in the course of
19 and pursuant to any investigation being conducted, or any
20 action being taken, by the Commissioner in respect of any
21 matter relating to the duties imposed upon, or the powers
22 vested in, the Commissioner under the provisions of this
23 Act or any rule promulgated in accordance with this Act.
24 (5) To conduct hearings.
25 (6) To impose civil penalties graduated up to
26 $1,000 against any person for each violation of any
27 provision of this Act, or any rule promulgated in
28 accordance with this Act, or any order of the
29 Commissioner based upon the seriousness of the violation.
30 (7) To issue a cease and desist order and, for
31 violations of this Act, or any rule promulgated in
32 accordance with this Act, or any other applicable law in
33 connection with the operation of a pawnshop, to suspend a
34 license issued under this Act for up to 30 days., and for
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1 a continued pattern of violations to revoke a license
2 issued under this Act.
3 (8) To examine the affairs of any pawnshop if the
4 Commissioner has reasonable cause to believe that
5 unlawful or fraudulent activity is occurring, or has
6 occurred, therein.
7 (9) In response to a complaint, to address any
8 inquiries to any pawnshop in relation to its affairs, and
9 it shall be the duty of the pawnshop to promptly reply in
10 writing to such inquires. The Commissioner may also
11 require reports or information from any pawnshop at any
12 time the Commissioner may deem desirable.
13 (10) To revoke a license issued under this Act if
14 the Commissioner determines that (a) a licensee has been
15 convicted of a felony in connection with the operations
16 of a pawnshop; (b) a licensee knowingly, recklessly, or
17 continuously violated this Act, a rule promulgated in
18 accordance with this Act, or any order of the
19 Commissioner; (c) a fact or condition exists that, if it
20 had existed or had been known at the time of the original
21 application, would have justified license refusal; or (d)
22 the licensee knowingly submits materially false or
23 misleading documents with the intent to deceive the
24 Commissioner or any other party.
25 (11) Following license revocation, to take
26 possession and control of a pawnshop for the purpose of
27 examination, reorganization, or liquidation through
28 receivership and to appoint a receiver, which may be the
29 Commissioner, a pawnshop, or another suitable person.
30 (b) After consultation with local law enforcement
31 officers, the Attorney General, and the industry, the
32 Commissioner may by rule require that pawnbrokers operate
33 video camera surveillance systems to record photographic
34 representations of customers and retain the tapes produced
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1 for up to 30 days.
2 (c) Pursuant to rule, the Commissioner shall issue
3 licenses on an annual or multi-year basis for operating a
4 pawnshop pawn shop. Any person currently operating or who has
5 operated a pawnshop in this State during the 2 years
6 preceding the effective date of this amendatory Act of 1997
7 shall be issued a license upon payment of the fee required
8 under this Act. New applicants shall meet standards for a
9 license as established by the Commissioner. Except with the
10 prior written consent of the Commissioner, no individual,
11 either a new applicant or a person currently operating a
12 pawnshop, may be issued a license to operate a pawnshop if
13 the individual has been convicted of a felony or of any
14 criminal offense relating to dishonesty or breach of trust in
15 connection with the operations of a pawnshop. The
16 Commissioner shall establish license fees. The fees shall
17 not exceed the amount reasonably required for administration
18 of this Act. It shall be unlawful to operate a pawnshop pawn
19 shop without a license issued by the Commissioner.
20 (d) In addition to license fees, the Commissioner may,
21 by rule, establish fees in connection with a review,
22 approval, or provision of a service, and levy a reasonable
23 charge to recover the cost of the review, approval, or
24 service (such as a change in control, change in location, or
25 renewal of a license). The Commissioner may also levy a
26 reasonable charge to recover the cost of an examination if
27 the Commissioner determines that unlawful or fraudulent
28 activity has occurred. The Commissioner may require payment
29 of the fees and charges provided in this Act by certified
30 check, money order, an electronic transfer of funds, or an
31 automatic debit of an account.
32 (e)(d) The Pawnbroker Regulation Fund is established as
33 a special fund in the State treasury. Moneys collected under
34 this Act shall be deposited into the Fund and used for the
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1 administration of this Act. In the event that General
2 Revenue Funds are appropriated to the Office of the
3 Commissioner of Banks and Real Estate for the initial
4 implementation of this Act, the Governor may direct the
5 repayment from the Pawnbroker Regulation Fund to the General
6 Revenue Fund of such advance in an amount not to exceed
7 $30,000. The Governor may direct this interfund transfer at
8 such time as he deems appropriate by giving appropriate
9 written notice.
10 (f) The Commissioner may, by rule, require all pawnshops
11 to provide for the expenses that would arise from the
12 administration of the receivership of a pawnshop under this
13 Act through the assessment of fees, the requirement to pledge
14 surety bonds, or such other methods as determined by the
15 Commissioner.
16 (g)(e) All final administrative decisions of the
17 Commissioner under this Act shall be subject to judicial
18 review pursuant to the provisions of the Administrative
19 Review Law. For matters involving administrative review,
20 venue shall be in either Sangamon County or Cook County.
21 (Source: P.A. 90-477, eff. 7-1-98.)
22 (205 ILCS 510/1) (from Ch. 17, par. 4651)
23 Sec. 1. Every individual or business entity which lends
24 money on the deposit or pledge of physically delivered
25 personal property, other than property the ownership of which
26 is subject to a legal dispute, securities, printed evidence
27 of indebtedness or printed evidence of ownership of the
28 personal property, or who deals in the purchase of such
29 property on the condition of selling the property back again
30 at a stipulated price, person or company engaged in the
31 business of receiving property in pledge or as security for
32 money or other thing advanced to the pawner or pledger, shall
33 be held and is hereby declared and defined to be a
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1 pawnbroker. The business of a pawnbroker does not include
2 the lending of money on deposit or pledge of title to
3 property.
4 (Source: Laws 1909, p. 300.)
5 (205 ILCS 510/1.5 new)
6 Sec. 1.5. Misleading practices and names prohibited.
7 It shall not be lawful for an individual or business entity
8 to conduct business in this State using the word "pawn",
9 "pawnshop", or "pawnbroker" in connection with the business
10 or to transact business in this State in a manner which has a
11 substantial likelihood of misleading the public by implying
12 that the business is a pawnshop, without first obtaining a
13 license from the Commissioner.
14 (205 ILCS 510/7) (from Ch. 17, par. 4657)
15 (This Section may contain text from a Public Act with a
16 delayed effective date)
17 Sec. 7. Daily report.
18 (a) Except as provided in subsection (b), it shall be
19 the duty of every pawnbroker to make out and deliver to the
20 sheriff of the county in which such pawnbroker does business,
21 on each day before the hours of 12 o'clock noon, a legible
22 and exact copy from the standard record book, as required in
23 Section 5 of this Act, that lists all personal property and
24 any other valuable thing received on deposit or purchased
25 during the preceding day, including the exact time when
26 received or purchased, and a description of the person or
27 person by whom left in pledge, or from whom the same were
28 purchased; provided, that in cities or towns having 25,000 or
29 more inhabitants, a copy of the such report shall at the same
30 time also be delivered to the superintendent of police or the
31 chief police officer of such city or town. Such report may be
32 made by computer printout or input memory device if the
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1 format has been approved by the local law enforcement agency.
2 (b) In counties with more than 3,000,000 inhabitants, a
3 pawnbroker must provide the daily report to the sheriff only
4 if the pawnshop is located in an unincorporated area of the
5 county. Pawnbrokers located in cities or towns in such
6 counties must deliver such reports to the superintendent of
7 police or the chief police officer of such city or town.
8 (Source: P.A. 90-477, eff. 7-1-98.)
9 (205 ILCS 510/7.5)
10 (This Section may contain text from a Public Act with a
11 delayed effective date)
12 Sec. 7.5. Report to the Commissioner. The
13 Commissioner, as often as the Commissioner shall deem
14 necessary or proper, may require a pawnshop to submit a full
15 and detailed report of its operations including, but not
16 limited to, the number of pawns made, the amount financed on
17 pawn transactions, and the number and amount of pawns
18 surrendered to law enforcement.
19 (a) A licensee shall file a report with the Commissioner
20 disclosing all of the following information for the preceding
21 calendar year:
22 (1) Number of pawns made.
23 (2) Amount financed on pawn transactions.
24 (3) Average amount financed.
25 (4) Number of pawns not redeemed.
26 (5) Amount of pawns not redeemed.
27 (6) Average amount of pawns not redeemed.
28 (7) Number of pawns surrendered to law enforcement.
29 (8) Amount of pawns surrendered to law enforcement.
30 (9) Average size of pawns surrendered to law
31 enforcement.
32 (10) Number of pawnshop employees as of the end of
33 the calendar year.
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1 (b) The office of the Commissioner of Banks and Real
2 Estate shall prescribe the form of the report and establish
3 the date by which the report must be filed.
4 (Source: P.A. 90-477, eff. 7-1-98.)
5 Section 15. The Environmental Health Practitioner
6 Licensing Act is amended by changing Section 21 as follows:
7 (225 ILCS 37/21)
8 Sec. 21. Grandfather provision.
9 (a) A person who, on June 30, the effective date of this
10 amendatory Act of 1995, was certified by his or her employer
11 as serving as a sanitarian or environmental health
12 practitioner in environmental health practice in this State
13 may be issued a license upon the filing of an application by
14 July 1, 1999 and within 12 months, by paying the required
15 fees, and by passing the examination.
16 (b) The Department may, upon application and payment of
17 the required fee within 12 months, issue a license to a
18 person who holds a current license as a sanitarian or
19 environmental health practitioner issued by the Illinois
20 Environmental Health Association or National Environmental
21 Health Association.
22 (Source: P.A. 89-61, eff. 6-30-95.)
23 Section 20. The Illinois Professional Land Surveyor Act
24 of 1989 is amended by changing Section 20 as follows:
25 (225 ILCS 330/20) (from Ch. 111, par. 3270)
26 Sec. 20. Endorsement. Upon payment of the required fee,
27 an applicant who is a Professional Land Surveyor, a Land
28 Surveyor-in-Training, or registered or licensed or otherwise
29 legally recognized as a Land Surveyor under the laws of
30 another state or territory of the United States may be
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1 granted a license as an Illinois Professional Land Surveyor
2 by the Department with approval of the Board upon the
3 following conditions:
4 (a) That the applicant meets the requirements for
5 licensing in this State, and that the requirements for
6 licensing or other legal recognition of Land Surveyors in the
7 particular state or territory were, at the date of issuance
8 of the license or certificate, equivalent to the requirements
9 then in effect in the State of Illinois; however, the
10 applicant shall be exempt from the requirements of item (5)
11 of subsection (a) of Section 12 of this Act if he or she (1)
12 applied for a license under this Section between September 1,
13 1996 and October 31, 1996 and (2) has 10 or more years of
14 supervised experience as a land surveyor; and
15 (b) That the applicant passes a jurisdictional
16 examination to determine the applicant's knowledge of the
17 surveying tasks unique to the State of Illinois and the laws
18 pertaining thereto.
19 (Source: P.A. 86-987.)
20 Section 25. The Barber, Cosmetology, Esthetics, and Nail
21 Technology Act of 1985 is amended by changing Sections 3-7,
22 3C-4, and 4-5.1 as follows:
23 (225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
24 Sec. 3-7. Licensure; renewal; continuing education;
25 military service. The holder of a license issued under this
26 Article III may renew that license during the month preceding
27 the expiration date thereof by paying the required fee,
28 giving such evidence as the Department may prescribe of
29 completing not less than 14 hours of continuing education for
30 a cosmetologist, and 24 hours of continuing education for a
31 cosmetology teacher or cosmetology clinic teacher, within the
32 2 years prior to renewal. The training shall be in subjects
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1 approved by the Department as prescribed by rule upon
2 recommendation of the Committee.
3 A license that has been expired for more than 5 years may
4 be restored by payment of the restoration fee and submitting
5 evidence satisfactory to the Department of the current
6 qualifications and fitness of the licensee, which shall
7 include completion of continuing education hours for the
8 period subsequent to expiration.
9 The Department shall establish by rule a means for the
10 verification of completion of the continuing education
11 required by this Section. This verification may be
12 accomplished through audits of records maintained by
13 registrants, by requiring the filing of continuing education
14 certificates with the Department, or by other means
15 established by the Department. The Department may select a
16 qualified organization that has no direct business
17 relationship with a licensee, licensed entity or a subsidiary
18 of a licensed entity under this Act to maintain and verify
19 records relating to continuing education.
20 A license issued under the provisions of this Act that
21 has expired while the holder of the license was engaged (1)
22 in federal service on active duty with the Army of the United
23 States, the United States Navy, the Marine Corps, the Air
24 Force, the Coast Guard, or any Women's Auxiliary thereof, or
25 the State Militia called into the service or training of the
26 United States of America, or (2) in training or education
27 under the supervision of the United States preliminary to
28 induction into the military service, may be reinstated or
29 restored without the payment of any lapsed renewal fees,
30 reinstatement fee, or restoration fee if within 2 years after
31 the termination of such service, training, or education other
32 than by dishonorable discharge, the holder furnishes the
33 Department with an affidavit to the effect that he or she has
34 been so engaged and that his or her service, training, or
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1 education has been so terminated.
2 The Department, in its discretion, may waive enforcement
3 of the continuing education requirement in this Section and
4 shall adopt rules defining the standards and criteria for
5 that waiver under the following circumstances:
6 (a) the licensee resides in a locality where it is
7 demonstrated that the absence of opportunities for such
8 education would interfere with the ability of the
9 licensee to provide service to the public;
10 (b) that to comply with the continuing education
11 requirements would cause a substantial financial hardship
12 on the licensee;
13 (c) that the licensee is serving in the United
14 States Armed Forces; or
15 (d) that the licensee is incapacitated due to
16 illness.
17 The continuing education requirements of this Section do
18 not apply to a licensee who (i) is at least 62 years of age
19 or (ii) has been licensed as a cosmetologist, cosmetology
20 teacher, or cosmetology clinic teacher for at least 25 30
21 years and does not regularly work as a cosmetologist,
22 cosmetology teacher, or cosmetology clinic teacher for more
23 than 14 16 hours per week.
24 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
25 90-302, eff. 8-1-97.)
26 (225 ILCS 410/3C-4) (from Ch. 111, par. 1703C-4)
27 Sec. 3C-4. Pre-existing practitioners; license
28 requirements for nail technicians.
29 (a) Until December 31, 1995, an applicant who was
30 practicing nail technology prior to the effective date of
31 this amendatory Act of 1991 shall be issued a license as a
32 nail technician if the applicant meets all of the following
33 requirements:
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1 (1) Completes and submits to the Department the
2 necessary forms furnished by the Department along with an
3 application fee of $20.
4 (2) Is at least 16 years of age.
5 (3) Has graduated from an eighth grade elementary
6 school or its equivalent.
7 (4) Has one year of full-time (40 hours per week)
8 practical experience or 2 years of part-time (not less
9 than 20 hours per week) practical experience as a nail
10 technician prior to the effective date of this amendatory
11 Act of 1991, or has 200 hours of certifiable nail
12 technology education in a cosmetology school or
13 vocational technical school. The nail technology
14 education must have been obtained prior to January 1,
15 1994.
16 (5) Submits a written affidavit stating a nail
17 technician's practical work experience executed by an
18 employer, co-worker, or client; or a copy of a current
19 business license, where applicable. For purposes of this
20 item (5), work in sales shall not be considered practical
21 work experience.
22 (b) A person who applies for licensure under this
23 Section between January 1, 1999 1997 and January 31, 1999
24 1997, who has been practicing nail technology for a minimum
25 of 6 years in this State, shall be issued a license upon
26 proof of such experience and meeting all other requirements
27 for licensure under this Section.
28 (Source: P.A. 89-125, eff. 7-7-95; 89-706, eff. 1-31-97.)
29 (225 ILCS 410/4-5.1)
30 Sec. 4-5.1. Deposit of fees and fines. Beginning July
31 1, 1995, all of the fees and fines collected under this Act
32 shall be deposited into the General Professions Dedicated
33 Fund.
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1 The funds deposited under this Act into the General
2 Professions Dedicated Fund, may be used by the Department to
3 publish and distribute a newsletter to all persons licensed
4 under this Act; such a newsletter should contain information
5 about any changes in the Act or administrative rules
6 concerning cosmetologists, cosmetology teachers, or
7 cosmetology clinic teachers. If appropriate funding is
8 available, the Department may also distribute to all persons
9 licensed under this Act copies of this Act and the
10 appropriate administrative rules that apply, during the
11 renewal process.
12 (Source: P.A. 88-683, eff. 1-24-95.)
13 Section 30. The Private Detective, Private Alarm,
14 Private Security, and Locksmith Act of 1993 is amended by
15 changing Sections 75 and 77 as follows:
16 (225 ILCS 446/75)
17 Sec. 75. Qualifications for licensure and agency
18 certification.
19 (a) Private Detective. A person is qualified to receive
20 a license as a private detective if he or she meets all of
21 the following requirements:
22 (1) Is at least 21 years of age.
23 (2) Has not been convicted in any jurisdiction of
24 any felony or at least 10 years have expired from the
25 time of discharge from any sentence imposed for a felony.
26 (3) Is of good moral character. Good character is
27 a continuing requirement of licensure. Conviction of
28 crimes not listed in paragraph (2) of subsection (a) of
29 this Section may be used in determining moral character,
30 but does not operate as an absolute bar to licensure.
31 (4) Has not been declared by any court of competent
32 jurisdiction to be incompetent by reason of mental or
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1 physical defect or disease unless a court has since
2 declared him or her to be competent.
3 (5) Is not suffering from habitual drunkenness or
4 from narcotic addiction or dependence.
5 (6) Has a minimum of 3 years experience out of the
6 5 years immediately preceding his or her application
7 working full-time for a licensed private detective agency
8 as a registered private detective employee or with 3
9 years experience out of the 5 years immediately preceding
10 his or her application employed as a full-time
11 investigator in a law enforcement agency of a federal or
12 State political subdivision, approved by the Board and
13 the Department; or an applicant who has obtained a
14 baccalaureate degree in police science or a related field
15 or a business degree from an accredited college or
16 university shall be given credit for 2 of the 3 years
17 experience required under this Section. An applicant who
18 has obtained an associate degree in police science or a
19 related field or in business from an accredited college
20 or university shall be given credit for one of the 3
21 years experience required under this Section.
22 (7) Has not been dishonorably discharged from the
23 armed services of the United States.
24 (8) Has successfully passed an examination
25 authorized by the Department. The examination shall
26 include subjects reasonably related to the activities
27 licensed so as to provide for the protection of the
28 health and safety of the public.
29 (9) Has not violated Section 15, 20, or 25 of this
30 Act, but this requirement does not operate as an absolute
31 bar to licensure.
32 It is the responsibility of the applicant to obtain
33 liability insurance in an amount and coverage type
34 appropriate as determined by rule for the applicant's
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1 individual business circumstances. The applicant shall
2 provide evidence of insurance to the Department before being
3 issued a license. This insurance requirement is a continuing
4 requirement for licensure. Failure to maintain insurance
5 shall result in cancellation of the license by the
6 Department.
7 (b) Private security contractor. A person is qualified
8 to receive a license as a private security contractor if he
9 or she meets all of the following requirements:
10 (1) Is at least 21 years of age.
11 (2) Has not been convicted in any jurisdiction of
12 any felony or at least 10 years have expired from the
13 time of discharge from any sentence imposed for a felony.
14 (3) Is of good moral character. Good moral
15 character is a continuing requirement of licensure.
16 Convictions of crimes not listed in paragraph (2) of
17 subsection (b) of this Section may be used in determining
18 moral character, but do not operate as an absolute bar to
19 licensure.
20 (4) Has not been declared by any court of competent
21 jurisdiction to be incompetent by reason of mental or
22 physical defect or disease unless a court has since
23 declared him or her to be competent.
24 (5) Is not suffering from habitual drunkenness or
25 from narcotic addiction or dependence.
26 (6) Has a minimum of 3 years experience out of the
27 5 years immediately preceding his or her application as a
28 full-time manager or administrator for a licensed private
29 security contractor agency or a manager or administrator
30 of a proprietary security force of 30 or more persons
31 registered with the Department, or with 3 years
32 experience out of the 5 years immediately preceding his
33 or her application as a full-time supervisor in a law
34 enforcement agency of a federal or State political
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1 subdivision, approved by the Board and the Department; or
2 an applicant who has obtained a baccalaureate degree in
3 police science or a related field or a business degree
4 from an accredited college or university shall be given
5 credit for 2 of the 3 years experience required under
6 this Section. An applicant who has obtained an associate
7 degree in police science or a related field or in
8 business from an accredited college or university shall
9 be given credit for one of the 3 years experience
10 required under this Section.
11 (7) Has not been dishonorably discharged from the
12 armed services of the United States.
13 (8) Has successfully passed an examination
14 authorized by the Department. The examination shall
15 include subjects reasonably related to the activities
16 licensed so as to provide for the protection of the
17 health and safety of the public.
18 (9) Has not violated Section 15, 20, or 25 of this
19 Act, but this requirement does not operate as an absolute
20 bar to licensure.
21 (10) It is the responsibility of the applicant to
22 obtain liability insurance in amount and coverage type
23 appropriate as determined by rule for the applicant's
24 individual business circumstances. The applicant shall
25 provide evidence of insurance to the Department before
26 being issued a license. This insurance requirement is a
27 continuing requirement for licensure. Failure to
28 maintain insurance shall result in cancellation of the
29 license by the Department.
30 (c) Private alarm contractor. A person is qualified to
31 receive a license as a private alarm contractor if he or she
32 meets all of the following requirements:
33 (1) Is at least 21 years of age.
34 (2) Has not been convicted in any jurisdiction of
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1 any felony or at least 10 years have expired from the
2 time of discharge from any sentence imposed for a felony.
3 (3) Is of good moral character. Good moral
4 character is a continuing requirement of licensure.
5 Convictions of crimes not listed in paragraph (2) of
6 subsection (c) of this Section may be used in determining
7 moral character, but do not operate as an absolute bar to
8 licensure.
9 (4) Has not been declared by any court of competent
10 jurisdiction to be incompetent by reason of mental or
11 physical defect or disease unless a court has since
12 declared him or her to be competent.
13 (5) Is not suffering from habitual drunkenness or
14 from narcotic addiction or dependence.
15 (6) Has not been dishonorably discharged from the
16 armed services of the United States.
17 (7) Has a minimum of 3 years experience out of the
18 5 years immediately preceding application as a full time
19 manager or administrator for an agency licensed as a
20 private alarm contractor agency, or for an entity that
21 designs, sells, installs, services, or monitors alarm
22 systems which in the judgment of the Board satisfies
23 standards of alarm industry competence. An individual who
24 has received a 4 year degree in electrical engineering or
25 a related field from a program approved by the Board
26 shall be given credit for 2 years of experience under
27 this item (7). An individual who has successfully
28 completed a national certification program approved by
29 the Board shall be given credit for one year of
30 experience under this item (7).
31 (8) Has successfully passed an examination
32 authorized by the Department. The examination shall
33 include subjects reasonably related to the activities
34 licensed so as to provide for the protection of the
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1 health and safety of the public.
2 (9) Has not violated Section 15, 20, or 25 of this
3 Act, but this requirement does not operate as an absolute
4 bar to licensure.
5 (10) It is the responsibility of the applicant to
6 obtain liability insurance in an amount and coverage type
7 appropriate as determined by rule for the applicant's
8 individual business circumstances. The applicant shall
9 provide evidence of insurance to the Department before
10 being issued a license. This insurance requirement is a
11 continuing requirement for licensure. Failure to
12 maintain insurance shall result in cancellation of the
13 license by the Department.
14 Alternatively, a person is qualified to receive a license
15 as a private alarm contractor without meeting the
16 requirements of items (7), (8), and (9) of this subsection,
17 if he or she:
18 (i) applies for a license between September 1, 1998
19 and September 15, 1998, in writing, on forms supplied by
20 the Department;
21 (ii) provides proof to the Department that he or
22 she was engaged in the alarm contracting business on or
23 before January 1, 1984;
24 (iii) submits the photographs, fingerprints, proof
25 of insurance, and current license fee required by the
26 Department; and
27 (iv) has not violated Section 25 of this Act.
28 (d) Locksmith. A person is qualified to receive a
29 license as a locksmith if he or she meets all of the
30 following requirements:
31 (1) Is at least 18 years of age.
32 (2) Has not violated any provisions of Section 120
33 of this Act.
34 (3) Has not been convicted in any jurisdiction of
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1 any felony or at least 10 years have expired from the
2 time of discharge from any sentence imposed for a felony.
3 (4) Is of good moral character. Good moral
4 character is a continuing requirement of licensure.
5 Convictions of crimes not listed in paragraph (3) of
6 subsection (d) of this Section may be used in determining
7 moral character, but do not operate as an absolute bar to
8 licensure.
9 (5) Has not been declared by any court of competent
10 jurisdiction to be incompetent by reason of mental or
11 physical defect or disease unless a court has since
12 declared him or her to be competent.
13 (6) Is not suffering from habitual drunkenness or
14 from narcotic addiction or dependence.
15 (7) Has not been dishonorably discharged from the
16 armed services of the United States.
17 (8) Has passed an examination authorized by the
18 Department in the theory and practice of the profession.
19 (9) Has submitted to the Department proof of
20 insurance sufficient for the individual's business
21 circumstances. The Department, with input from the
22 Board, shall promulgate rules specifying minimum
23 insurance requirements. This insurance requirement is a
24 continuing requirement for licensure. Failure to
25 maintain insurance shall result in the cancellation of
26 the license by the Department. A locksmith employed by a
27 licensed locksmith agency or employed by a private
28 concern may provide proof that his or her actions as a
29 locksmith are covered by the insurance of his or her
30 employer.
31 (e) Private detective agency. Upon payment of the
32 required fee and proof that the applicant has a full-time
33 Illinois licensed private detective in charge, which is a
34 continuing requirement for agency certification, the
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1 Department shall issue, without examination, a certificate as
2 a private detective agency to any of the following:
3 (1) An individual who submits an application in
4 writing and who is a licensed private detective under
5 this Act.
6 (2) A firm or association that submits an
7 application in writing and all of the members of the firm
8 or association are licensed private detectives under this
9 Act.
10 (3) A duly incorporated or registered corporation
11 allowed to do business in Illinois that is authorized by
12 its articles of incorporation to engage in the business
13 of conducting a detective agency, provided at least one
14 officer or executive employee is licensed as a private
15 detective under this Act and all unlicensed officers and
16 directors of the corporation are determined by the
17 Department to be persons of good moral character.
18 No private detective may be the private detective in
19 charge for more than one agency except for an individual who,
20 on the effective date of this Act, is currently and actively
21 a licensee for more than one agency. Upon written request by
22 a representative of an agency within 10 days after the loss
23 of a licensee in charge of an agency because of the death of
24 that individual or because of an unanticipated termination of
25 the employment of that individual, the Department shall issue
26 a temporary permit allowing the continuing operation of a
27 previously licensed agency. No temporary permit shall be
28 valid for more than 90 days. An extension of an additional
29 90 days may be granted by the Department for good cause shown
30 upon written request by the representative of the agency. No
31 more than 2 extensions may be granted to any agency. No
32 temporary permit shall be issued for the loss of the
33 detective in charge because of disciplinary action by the
34 Department.
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1 (f) Private alarm contractor agency. Upon receipt of
2 the required fee and proof that the applicant has a full-time
3 Illinois licensed private alarm contractor in charge, which
4 is a continuing requirement for agency certification, the
5 Department shall issue, without examination, a certificate as
6 a private alarm contractor agency to any of the following:
7 (1) An individual who submits an application in
8 writing and who is a licensed private alarm contractor
9 under this Act.
10 (2) A firm or association that submits an
11 application in writing that all of the members of the
12 firm or association are licensed private alarm
13 contractors under this Act.
14 (3) A duly incorporated or registered corporation
15 allowed to do business in Illinois that is authorized by
16 its articles of incorporation to engage in the business
17 of conducting a private alarm contractor agency, provided
18 at least one officer or executive employee is licensed as
19 a private alarm contractor under this Act and all
20 unlicensed officers and directors of the corporation are
21 determined by the Department to be persons of good moral
22 character.
23 No private alarm contractor may be the private alarm
24 contractor in charge for more than one agency except for any
25 individual who, on the effective date of this Act, is
26 currently and actively a licensee for more than one agency.
27 Upon written request by a representative of an agency within
28 10 days after the loss of a licensed private alarm contractor
29 in charge of an agency because of the death of that
30 individual or because of the unanticipated termination of the
31 employment of that individual, the Department shall issue a
32 temporary permit allowing the continuing operation of a
33 previously licensed agency. No temporary permit shall be
34 valid for more than 90 days. An extension of an additional
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1 90 days may be granted by the Department for good cause shown
2 and upon written request by the representative of the agency.
3 No more than 2 extensions may be granted to any agency. No
4 temporary permit shall be issued for the loss of the licensee
5 in charge because of disciplinary action by the Department.
6 (g) Private security contractor agency. Upon receipt of
7 the required fee and proof that the applicant has a full-time
8 Illinois licensed private security contractor in charge,
9 which is continuing requirement for agency certification, the
10 Department shall issue, without examination, a certificate as
11 a private security contractor agency to any of the following:
12 (1) An individual who submits an application in
13 writing and who is a licensed private security contractor
14 under this Act.
15 (2) A firm or association that submits an
16 application in writing that all of the members are
17 licensed private security contractors under this Act.
18 (3) A duly incorporated or registered corporation
19 allowed to do business in Illinois that is authorized by
20 its articles of incorporation to engage in the business
21 of conducting a private security contractor agency,
22 provided at least one officer or executive employee is
23 licensed as a private security contractor under this Act
24 and all unlicensed officers and directors of the
25 corporation are determined by the Department to be
26 persons of good moral character.
27 No private security contractor may be the private
28 security contractor in charge for more than one agency except
29 for any individual who, on the effective date of this Act, is
30 currently and actively a licensee for more than one agency.
31 Upon written request by a representative of the agency within
32 10 days after the loss of a licensee in charge of an agency
33 because of the death of that individual or because of the
34 unanticipated termination of the employment of that
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1 individual, the Department shall issue a temporary permit
2 allowing the continuing operation of a previously licensed
3 agency. No temporary permit shall be valid for more than 90
4 days. An extension of an additional 90 days may be granted
5 upon written request by the representative of the agency. No
6 more than 2 extensions may be granted to any agency. No
7 temporary permit shall be issued for the loss of the licensee
8 in charge because of disciplinary action by the Department.
9 (h) Licensed locksmith agency. Upon receipt of the
10 required fee and proof that the applicant is an Illinois
11 licensed locksmith who shall assume full responsibility for
12 the operation of the agency and the directed actions of the
13 agency's employees, which is a continuing requirement for
14 agency licensure, the Department shall issue, without
15 examination, a certificate as a Locksmith Agency to any of
16 the following:
17 (1) An individual who submits an application in
18 writing and who is a licensed locksmith under this Act.
19 (2) A firm or association that submits an
20 application in writing and certifies that all of the
21 members of the firm or association are licensed
22 locksmiths under this Act.
23 (3) A duly incorporated or registered corporation
24 or limited liability company allowed to do business in
25 Illinois that is authorized by its articles of
26 incorporation or organization to engage in the business
27 of conducting a locksmith agency, provided that at least
28 one officer or executive employee of a corporation or one
29 member of a limited liability company is licensed as a
30 locksmith under this Act, and provided that person agrees
31 in writing on a form acceptable to the Department to
32 assume full responsibility for the operation of the
33 agency and the directed actions of the agency's
34 employees, and further provided that all unlicensed
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1 officers and directors of the corporation or members of
2 the limited liability company are determined by the
3 Department to be persons of good moral character.
4 An individual licensed locksmith operating under a
5 business name other than the licensed locksmith's own name
6 shall not be required to obtain a locksmith agency license if
7 that licensed locksmith does not employ any persons to engage
8 in the practice of locksmithing.
9 An applicant for licensure as a locksmith agency shall
10 submit to the Department proof of insurance sufficient for
11 the agency's business circumstances. The Department shall
12 promulgate rules specifying minimum insurance requirements.
13 This insurance requirement is a continuing requirement for
14 licensure.
15 No licensed locksmith may be the licensed locksmith
16 responsible for the operation of more than one agency except
17 for any individual who submits proof to the Department that,
18 on the effective date of this amendatory Act of 1995, he or
19 she is actively responsible for the operations of more than
20 one agency. A licensed private alarm contractor who is
21 responsible for the operation of a licensed private alarm
22 contractor agency and who is a licensed locksmith may also be
23 the licensed locksmith responsible for the operation of a
24 locksmith agency.
25 Upon written request by a representative of an agency
26 within 10 days after the loss of a responsible licensed
27 locksmith of an agency, because of the death of that
28 individual or because of the unanticipated termination of the
29 employment of that individual, the Department shall issue a
30 temporary permit allowing the continuing operation of a
31 previously licensed locksmith agency. No temporary permit
32 shall be valid for more than 90 days. An extension for an
33 additional 90 days may be granted by the Department for good
34 cause shown and upon written request by a representative of
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1 the agency. No more than 2 extensions may be granted to any
2 agency. No temporary permit shall be issued to any agency
3 due to the loss of the responsible locksmith because of
4 disciplinary action by the Department.
5 (i) Any licensed agency that operates a branch office as
6 defined in this Act shall apply for a branch office license.
7 (Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96;
8 89-626, eff. 8-9-96; 90-436, eff. 1-1-98.)
9 (225 ILCS 446/77)
10 Sec. 77. Necessity for licensure of locksmith agencies;
11 grandfather provision.
12 (a) On or after January 1, 1997, no person shall
13 practice as a locksmith and no business entity shall operate
14 as a locksmith agency without first applying for and
15 obtaining a license for that purpose from the Department.
16 (b) Applications must be accompanied by the required
17 fee.
18 (c) In lieu of the examination given to other applicants
19 for licensure, the Director may issue a license to an
20 individual who presents proof to the Director that he or she
21 was actively engaged as a locksmith or as a supervisor,
22 manager, or administrator of a locksmith business for 3 years
23 out of the 5 years immediately preceding January 1, 1996 and
24 meets all other requirements of this Act.
25 (d) The application for a license without examination
26 shall be made to the Director within 2 years after the
27 effective date of this amendatory Act of 1995.
28 (e) A person who applies for licensure under this
29 Section between September 1, 1998 and September 30, 1998
30 shall be exempt from subsection (d) of this Section and shall
31 be issued a license upon proof of meeting all other
32 requirements for licensure under this Section.
33 (Source: P.A. 89-366, eff. 1-1-96.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law, except that Sections 5 and 10 take effect July
3 1, 1998 and Section 25 takes effect January 1, 1999.".