Public Act 93-0438
SB487 Enrolled LRB093 05120 AMC 05180 b
AN ACT in relation to the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5. GENERAL PROVISIONS.
Section 5-5. Short title; Act supersedes the Private
Detective, Private Alarm, Private Security, and Locksmith Act
of 1993. This Act may be cited as the Private Detective,
Private Alarm, Private Security, and Locksmith Act of 2004
and it supersedes the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 repealed by this
Act.
Section 5-10. Definitions. As used in this Act:
"Advertisement" means any printed material that is
published in a phone book, newspaper, magazine, pamphlet,
newsletter, or other similar type of publication that is
intended to either attract business or merely provide contact
information to the public for an agency or licensee.
Advertisement shall include any material disseminated by
printed or electronic means or media, but shall not include a
licensee's or an agency's letterhead, business cards, or
other stationery used in routine business correspondence or
customary name, address, and number type listings in a
telephone directory.
"Alarm system" means any system, including an electronic
access control system, a surveillance video system, a
security video system, a burglar alarm system, a fire alarm
system, or any other electronic system, that activates an
audible, visible, remote, or recorded signal that is designed
for the protection or detection of intrusion, entry, theft,
fire, vandalism, escape, or trespass.
"Armed employee" means a licensee or registered person
who is employed by an agency licensed or an armed proprietary
security force registered under this Act who carries a weapon
while engaged in the performance of official duties within
the course and scope of his or her employment during the
hours and times the employee is scheduled to work or is
commuting between his or her home or place of employment,
provided that commuting is accomplished within one hour from
departure from home or place of employment.
"Armed proprietary security force" means a security force
made up of 5 or more armed individuals employed by a private,
commercial, or industrial operation or one or more armed
individuals employed by a financial institution as security
officers for the protection of persons or property.
"Board" means the Private Detective, Private Alarm,
Private Security, and Locksmith Board.
"Branch office" means a business location removed from
the place of business for which an agency license has been
issued, including but not limited to locations where active
employee records that are required to be maintained under
this Act are kept, where prospective new employees are
processed, or where members of the public are invited in to
transact business. A branch office does not include an office
or other facility located on the property of an existing
client that is utilized solely for the benefit of that client
and is not owned or leased by the agency.
"Corporation" means an artificial person or legal entity
created by or under the authority of the laws of a state,
including without limitation a corporation, limited liability
company, or any other legal entity.
"Department" means the Department of Professional
Regulation.
"Director" means the Director of Professional Regulation.
"Employee" means a person who works for a person or
agency that has the right to control the details of the work
performed and is not dependent upon whether or not federal or
state payroll taxes are withheld.
"Fire alarm system" means any system that is activated by
an automatic or manual device in the detection of smoke,
heat, or fire that activates an audible, visible, or remote
signal requiring a response.
"Firearm authorization card" means a card issued by the
Department that authorizes the holder to carry a weapon
during the performance of his or her duties as specified in
this Act.
"Firm" means an unincorporated business entity, including
but not limited to proprietorships and partnerships.
"Locksmith" means a person who engages in a business or
holds himself out to the public as providing a service that
includes, but is not limited to, the servicing, installing,
originating first keys, re-coding, repairing, maintaining,
manipulating, or bypassing of a mechanical or electronic
locking device, access control or video surveillance system
at premises, vehicles, safes, vaults, safe deposit boxes, or
automatic teller machines.
"Locksmith agency" means a person, firm, corporation, or
other legal entity that engages in the locksmith business and
employs, in addition to the locksmith licensee-in-charge, at
least one other person in conducting such business.
"Locksmith licensee-in-charge" means a person who has
been designated by agency to be the licensee-in-charge of an
agency, who is a full-time management employee or owner who
assumes sole responsibility for maintaining all records
required by this Act, and who assumes sole responsibility for
assuring the licensed agency's compliance with its
responsibilities as stated in this Act. The Department shall
adopt rules mandating licensee-in-charge participation in
agency affairs.
"Peace officer" or "police officer" means a person who,
by virtue of office or public employment, is vested by law
with a duty to maintain public order or to make arrests for
offenses, whether that duty extends to all offenses or is
limited to specific offenses. Officers, agents, or employees
of the federal government commissioned by federal statute to
make arrests for violations of federal laws are considered
peace officers.
"Permanent employee registration card" means a card
issued by the Department to an individual who has applied to
the Department and meets the requirements for employment by a
licensed agency under this Act.
"Person" means a natural person.
"Private alarm contractor" means a person who engages in
a business that individually or through others undertakes,
offers to undertake, purports to have the capacity to
undertake, or submits a bid to sell, install, monitor,
maintain, alter, repair, replace, or service alarm and other
security-related systems or parts thereof, including fire
alarm systems, at protected premises or premises to be
protected or responds to alarm systems at a protected
premises on an emergency basis and not as a full-time
security officer. "Private alarm contractor" does not
include a person, firm, or corporation that manufactures or
sells alarm systems only from its place of business and does
not sell, install, monitor, maintain, alter, repair, replace,
service, or respond to alarm systems at protected premises or
premises to be protected.
"Private alarm contractor agency" means a person,
corporation, or other entity that engages in the private
alarm contracting business and employs, in addition to the
private alarm contractor-in-charge, at least one other person
in conducting such business.
"Private alarm contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time
management employee or owner who assumes sole responsibility
for maintaining all records required by this Act, and who
assumes sole responsibility for assuring the licensed
agency's compliance with its responsibilities as stated in
this Act. The Department shall adopt rules mandating
licensee-in-charge participation in agency affairs.
"Private detective" means any person who by any means,
including but not limited to manual or electronic methods,
engages in the business of, accepts employment to furnish, or
agrees to make or makes investigations for a fee or other
consideration to obtain information relating to:
(1) Crimes or wrongs done or threatened against the
United States, any state or territory of the United
States, or any local government of a state or territory.
(2) The identity, habits, conduct, business
occupation, honesty, integrity, credibility, knowledge,
trustworthiness, efficiency, loyalty, activity,
movements, whereabouts, affiliations, associations,
transactions, acts, reputation, or character of any
person, firm, or other entity by any means, manual or
electronic.
(3) The location, disposition, or recovery of lost
or stolen property.
(4) The cause, origin, or responsibility for fires,
accidents, or injuries to individuals or real or personal
property.
(5) The truth or falsity of any statement or
representation.
(6) Securing evidence to be used before any court,
board, or investigating body.
(7) The protection of individuals from bodily harm
or death (bodyguard functions).
(8) Service of process in criminal and civil
proceedings without court order.
"Private detective agency" means a person, firm,
corporation, or other legal entity that engages in the
private detective business and employs, in addition to the
licensee-in-charge, one or more persons in conducting such
business.
"Private detective licensee-in-charge" means a person who
has been designated by an agency to be the licensee-in-charge
of an agency, who is a full-time management employee or owner
who assumes sole responsibility for maintaining all records
required by this Act, and who assumes sole responsibility for
assuring the licensed agency's compliance with its
responsibilities as stated in this Act. The Department shall
adopt rules mandating licensee-in-charge participation in
agency affairs.
"Private security contractor" means a person who engages
in the business of providing a private security officer,
watchman, patrol, or a similar service by any other title or
name on a contractual basis for another person, firm,
corporation, or other entity for a fee or other consideration
and performing one or more of the following functions:
(1) The prevention or detection of intrusion,
entry, theft, vandalism, abuse, fire, or trespass on
private or governmental property.
(2) The prevention, observation, or detection of
any unauthorized activity on private or governmental
property.
(3) The protection of persons authorized to be on
the premises of the person, firm, or other entity for
which the security contractor contractually provides
security services.
(4) The prevention of the misappropriation or
concealment of goods, money, bonds, stocks, notes,
documents, or papers.
(5) The control, regulation, or direction of the
movement of the public for the time specifically required
for the protection of property owned or controlled by the
client.
(6) The protection of individuals from bodily harm
or death (bodyguard functions).
"Private security contractor agency" means a person,
firm, corporation, or other legal entity that engages in the
private security contractor business and that employs, in
addition to the licensee-in-charge, one or more persons in
conducting such business.
"Private security contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time
management employee or owner who assumes sole responsibility
for maintaining all records required by this Act, and who
assumes sole responsibility for assuring the licensed
agency's compliance with its responsibilities as stated in
this Act. The Department shall adopt rules mandating
licensee-in-charge participation in agency affairs.
"Public member" means a person who is not a licensee or
related to a licensee, or who is not an employer or employee
of a licensee. The term "related to" shall be determined by
the rules of the Department.
Section 5-15. Legislative intent. The intent of the
General Assembly in enacting this statute is to regulate
persons, corporations, and firms licensed under this Act for
the protection of the public. These practices are declared to
affect the public health, safety, and welfare and are subject
to State regulation and licensure. This Act shall be
construed to carry out these purposes.
ARTICLE 10. GENERAL LICENSING PROVISIONS.
Section 10-5. Requirement of license.
(a) It is unlawful for a person to act as or provide the
functions of a private detective, private security
contractor, private alarm contractor, or locksmith or to
advertise or to assume to act as any one of these, or to use
these or any other title implying that the person is engaged
in any of these activities unless licensed as such by the
Department. An individual or sole proprietor who does not
employ any employees other than himself or herself may
operate under a "doing business as" or assumed name
certification without having to obtain an agency license, so
long as the assumed name is first registered with the
Department.
(b) It is unlawful for a person, firm, corporation, or
other legal entity to act as an agency licensed under this
Act, to advertise, or to assume to act as a licensed agency
or to use a title implying that the person, firm, or other
entity is engaged in the practice as a private detective
agency, private security contractor agency, private alarm
contractor agency, or locksmith agency unless licensed by the
Department.
(c) No agency shall operate a branch office without
first applying for and receiving a branch office license for
each location.
Section 10-10. General exemptions. This Act does not
apply to any of the following:
(1) A person, firm, or corporation engaging in fire
protection engineering, including the design, testing,
and inspection of fire protection systems.
(2) The practice of professional engineering as
defined in the Professional Engineering Practice Act of
1989.
(3) The practice of structural engineering as
defined in the Structural Engineering Practice Act of
1989.
(4) The practice of architecture as defined in the
Illinois Architecture Practice Act of 1989.
(5) The activities of persons or firms licensed
under the Illinois Public Accounting Act if performed in
the course of their professional practice.
(6) An attorney licensed to practice in Illinois
while engaging in the practice of law.
(7) A person engaged exclusively and employed by a
person, firm, association, or corporation in the business
of transporting persons or property in interstate
commerce and making an investigation related to the
business of that employer.
Section 10-20. Application for license; forms.
(a) Each license application shall be on forms provided
by the Department.
(b) Application for a license by endorsement shall be
made in accordance with the provisions of Section 10-40.
(c) Every application for an original, renewal, or
restored license shall include the applicant's Social
Security number.
Section 10-25. Issuance of license; renewal; fees.
(a) The Department shall, upon the applicant's
satisfactory completion of the requirements set forth in this
Act and upon receipt of the fee, issue the license indicating
the name and business location of the licensee and the date
of expiration.
(b) An applicant may, upon satisfactory completion of
the requirements set forth in this Act and upon receipt of
fees related to the application and testing for licensure,
elect to defer the issuance of the applicant's initial
license for a period not longer than 6 years. An applicant
who fails to request issuance of his or her initial license
or agency license and to remit the fees required for that
license within 6 years shall be required to resubmit an
application together with all required fees.
(c) The expiration date, renewal period, and conditions
for renewal and restoration of each license, permanent
employee registration card, and firearm authorization card
shall be set by rule. The holder may renew the license,
permanent employee registration card, or firearm
authorization card during the 30 days preceding its
expiration by paying the required fee and by meeting
conditions that the Department may specify. Any license
holder who notifies the Department on forms prescribed by the
Department may place his or her license on inactive status
for a period of not longer than 6 years and shall, subject to
the rules of the Department, be excused from payment of
renewal fees until the license holder notifies the
Department, in writing, of an intention to resume active
status. Practice while on inactive status constitutes
unlicensed practice. A non-renewed license that has lapsed
for less than 6 years may be restored upon payment of the
restoration fee and all lapsed renewal fees. A license that
has lapsed for more than 6 years may be restored by paying
the required restoration fee and all lapsed renewal fees and
by providing evidence of competence to resume practice
satisfactory to the Department and the Board, which may
include passing a written examination. All restoration fees
and lapsed renewal fees shall be waived for an applicant
whose license lapsed while on active duty in the armed forces
of the United States if application for restoration is made
within 12 months after discharge from the service.
(d) Any permanent employee registration card expired for
less than one year may be restored upon payment of lapsed
renewal fees. Any permanent employee registration card
expired for one year or more may be restored by making
application to the Department and filing proof acceptable to
the Department of the licensee's fitness to have the
permanent employee registration card restored, including
verification of fingerprint processing through the Department
of State Police and Federal Bureau of Investigation and
paying the restoration fee.
Section 10-30. Unlawful acts. It is unlawful for a
licensee or an employee of a licensed agency:
(1) Upon termination of employment by the agency,
to fail to return upon demand or within 72 hours of
termination of employment any firearm issued by the
employer together with the employee's firearm
authorization card.
(2) Upon termination of employment by the agency,
to fail to return within 72 hours of termination of
employment any uniform, badge, identification card, or
equipment issued, but not sold, to the employee by the
agency.
(3) To falsify the employee's statement required by
this Act.
(4) To have a badge, shoulder patch, or any other
identification that contains the words "law enforcement".
In addition, no license holder or employee of a licensed
agency shall in any manner imply that the person is an
employee or agent of a governmental agency or display a
badge or identification card, emblem, or uniform citing
the words "police", "sheriff", "highway patrol trooper",
or "law enforcement".
Section 10-35. Examination of applicants; forfeiture of
fee.
(a) Applicants for licensure shall be examined as
provided by this Section if they are qualified to be examined
under this Act. All applicants taking the examination shall
be evaluated using the same standards as others who are
examined for the respective license.
(b) Examinations for licensure shall be held at such
time and place as the Department may determine, but shall be
held at least twice a year.
(c) Examinations shall test the amount of knowledge and
skill needed to perform the duties set forth in this Act and
be in the interest of the protection of the public. The
Department may contract with a testing service for the
preparation and conduct of the examination.
(d) If an applicant neglects, fails, or refuses to take
an examination within one year after filing an application,
the fee shall be forfeited. However, an applicant may, after
the one-year period, make a new application for examination,
accompanied by the required fee. If an applicant fails to
pass the examination within 3 years after filing an
application, the application shall be denied. An applicant
may make a new application after the 3-year period.
Section 10-40. Licensure by endorsement. The Department
shall promulgate rules for licensure by endorsement without
examination and may license under this Act upon payment of
the fee an applicant who is registered or licensed under the
laws of another state, territory, or country if the
requirements for registration or licensure in the
jurisdiction in which the applicant was licensed or
registered were, at the date of his or her registration or
licensure, substantially equal to the requirements then in
force in Illinois and that state or country has similar
requirements for licensure or registration by endorsement.
Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed in 3 years, the application shall be denied, the
fee forfeited, and the applicant must re-apply and meet the
requirements in effect at the time of reapplication.
Section 10-45. Emergency care without a fee. A license
holder, agency, or registered employee of a private security
contractor, as defined in Section 5-10 of this Act, who in
good faith provides emergency care without fee to any person
or takes actions in good faith that directly relate to the
employee's job responsibilities to protect people and
property, as defined by the areas in which registered
security officers receive training under Sections 20-20 and
25-20 shall not, as a result of his or her acts or omissions,
except willful and wanton misconduct, in providing the care,
be liable to a person to whom such care is provided for civil
damages.
ARTICLE 15. PRIVATE DETECTIVES.
Section 15-5. Exemptions; private detective. The
provisions of this Act relating to the licensure of private
detectives do not apply to any of the following:
(1) An employee of the United States, Illinois, or
a political subdivision of either while the employee is
engaged in the performance of his or her official duties
within the scope of his or her employment. However, any
such person who offers his or her services as a private
detective or uses a similar title when these services are
performed for compensation or other consideration,
whether received directly or indirectly, is subject to
this Act.
(2) A person, firm, or other entity engaged
exclusively in tracing and compiling lineage or ancestry
who does not hold himself or herself out to be a private
detective.
(3) A person engaged exclusively in obtaining and
furnishing information as to the financial rating or
creditworthiness of persons or a person who provides
reports in connection with (i) consumer credit
transactions, (ii) information for employment purposes,
or (iii) information for the underwriting of consumer
insurance.
(4) Insurance adjusters employed or under contract
as adjusters who engage in no other investigative
activities other than those directly connected with
adjustment of claims against an insurance company or a
self-insured entity by which they are employed or with
which they have a contract. No insurance adjuster or
company may use the term "investigation" or any
derivative thereof, in its name or in its advertising.
Section 15-10. Qualifications for licensure as a private
detective.
(a) A person is qualified for licensure as a private
detective if he or she meets all of the following
requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted of any felony in any
jurisdiction or at least 10 years have elapsed since the
time of full discharge from a sentence imposed for a
felony conviction.
(3) Is of good moral character. Good character is a
continuing requirement of licensure. Conviction of crimes
other than felonies may be used in determining moral
character, but shall not constitute an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease, unless a court has
subsequently declared him or her to be competent.
(5) Is not suffering from dependence on alcohol or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience of the 5
years immediately preceding application working full-time
for a licensed private detective agency as a registered
private detective agency employee or with 3 years
experience of the 5 years immediately preceding his or
her application employed as a full-time investigator for
a licensed attorney or in a law enforcement agency of a
federal or state political subdivision, which shall
include a state's attorney's office or a public
defender's office. The Board and the Department shall
approve such full-time investigator experience. An
applicant who has a baccalaureate degree, or higher, in
law enforcement or a related field or a business degree
from an accredited college or university shall be given
credit for 2 of the 3 years of the required experience.
An applicant who has an associate degree in law
enforcement or in a related field or in business from an
accredited college or university shall be given credit
for one of the 3 years of the required experience.
(7) Has not been dishonorably discharged from the
armed forces of the United States or has not been
discharged from a law enforcement agency of the United
States or of any state or of any political subdivision
thereof, which shall include a state's attorney's office,
for reasons relating to his or her conduct as an employee
of that law enforcement agency.
(8) Has passed an examination authorized by the
Department.
(9) Submits his or her fingerprints, proof of
having general liability insurance required under
subsection (b), and the required license fee.
(10) Has not violated Section 10-5 of this Act.
(b) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined
by rule. The applicant shall provide evidence of insurance to
the Department before being issued a license. Failure to
maintain general liability insurance and to provide the
Department with written proof of the insurance shall result
in cancellation of the license.
Section 15-15. Qualifications for licensure as a private
detective agency.
(a) Upon receipt of the required fee and proof that the
applicant has a full-time Illinois licensed private
detective-in-charge, which is a continuing requirement for
agency licensure, the Department shall issue a license as a
private detective agency to any of the following:
(1) An individual who submits an application and is
a licensed private detective under this Act.
(2) A firm that submits an application and all of
the members of the firm are licensed private detectives
under this Act.
(3) A corporation or limited liability company
doing business in Illinois that is authorized by its
articles of incorporation or organization to engage in
the business of conducting a private detective agency,
provided at least one full-time executive employee is
licensed as a private detective under this Act and all
unlicensed officers and directors of the corporation or
limited liability company are determined by the
Department to be persons of good moral character.
(b) No private detective may be the licensee-in-charge
for more than one private detective agency. Upon written
request by a representative of an agency, within 10 days
after the loss of a licensee-in-charge of an agency because
of the death of that individual or because of the termination
of the employment of that individual, the Department shall
issue a temporary certificate of authority allowing the
continuing operation of the licensed agency. No temporary
certificate of authority shall be valid for more than 90
days. An extension of an additional 90 days may be granted
upon written request by the representative of the agency. Not
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for a loss of the
licensee-in-charge because of disciplinary action by the
Department related to his or her conduct on behalf of the
agency.
Section 15-25. Training; private detective and
employees.
(a) Registered employees of a private detective agency
shall complete, within 30 days of their employment, a minimum
of 20 hours of training provided by a qualified instructor.
The substance of the training shall be related to the work
performed by the registered employee.
(b) It is the responsibility of the employer to certify,
on a form provided by the Department, that the employee has
successfully completed the training. The form shall be a
permanent record of training completed by the employee and
shall be placed in the employee's file with the employer for
the period the employee remains with the employer. An agency
may place a notarized copy of the Department form in lieu of
the original into the permanent employee registration card
file. The original form shall be given to the employee when
his or her employment is terminated. Failure to return the
original form to the employee is grounds for disciplinary
action. The employee shall not be required to repeat the
required training once the employee has been issued the form.
An employer may provide or require additional training.
(c) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
ARTICLE 20. PRIVATE ALARM CONTRACTORS.
Section 20-5. Exemptions; private alarm contractor.
(a) The provisions of this Act related to the licensure
of private alarm contractors do not apply to any of the
following:
(1) A person who sells alarm system equipment and
is not an employee, agent, or independent contractor of
an entity that installs, monitors, maintains, alters,
repairs, services, or responds to alarm systems at
protected premises or premises to be protected if all of
the following conditions are met:
(A) The alarm systems are approved either by
Underwriters Laboratories or another authoritative
entity recognized by the Department and identified
by a federally registered trademark.
(B) The owner of the trademark has authorized
the person to sell the trademark owner's products
and the person provides proof to the Department of
this authorization.
(C) The owner of the trademark maintains and
provides, upon the Department's request, proof of
liability insurance for bodily injury or property
damage from defective products of not less than
$1,000,000 combined single limit. The insurance
policy need not apply exclusively to alarm systems.
(2) A person who sells, installs, maintains, or
repairs automobile alarm systems.
(3) A licensed electrical contractor who repairs or
services fire alarm systems on an emergency call-in basis
or who sells, installs, maintains, alters, repairs, or
services only fire alarm systems and not alarm or other
security related electronic systems.
(b) Persons who have no access to confidential or
security information and who otherwise do not provide
security services are exempt from employee registration.
Examples of exempt employees include, but are not limited to,
employees working in the capacity of delivery drivers,
reception personnel, building cleaning, landscape and
maintenance personnel, and employees involved in vehicle and
equipment repair. Confidential or security information is
that which pertains to employee files, scheduling, client
contracts, or technical security and alarm data.
Section 20-10. Qualifications for licensure as a private
alarm contractor.
(a) A person is qualified for licensure as a private
alarm contractor if he or she meets all of the following
requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted of any felony in any
jurisdiction or at least 10 years have elapsed since the
time of full discharge from a sentence imposed for a
felony conviction.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Conviction of crimes other than felonies may be used in
determining moral character, but shall not constitute an
absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease, unless a court has
subsequently declared him or her to be competent.
(5) Is not suffering from dependence on alcohol or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience of the 5
years immediately preceding application working as a
full-time manager for a licensed private alarm contractor
agency or for an entity that designs, sells, installs,
services, or monitors alarm systems that, in the judgment
of the Board, satisfies the standards of alarm industry
competence. An applicant who has received a 4-year degree
or higher in electrical engineering or a related field
from a program approved by the Board shall be given
credit for 2 years of the required experience. An
applicant who has successfully completed a national
certification program approved by the Board shall be
given credit for one year of the required experience.
(7) Has not been dishonorably discharged from the
armed forces of the United States.
(8) Has passed an examination authorized by the
Department.
(9) Submits his or her fingerprints, proof of
having general liability insurance required under
subsection (c), and the required license fee.
(10) Has not violated Section 10-5 of this Act.
(b) A person is qualified to receive a license as a
private alarm contractor without meeting the requirement of
item (8) of subsection (a) if he or she:
(1) applies for a license between September 2, 2003
and September 5, 2003 in writing on forms supplied by the
Department;
(2) provides proof of ownership of a licensed alarm
contractor agency; and
(3) provides proof of at least 7 years of
experience in the installation, design, sales, repair,
maintenance, alteration, or service of alarm systems or
any other low voltage electronic systems.
(c) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined
by rule. The applicant shall provide evidence of insurance to
the Department before being issued a license. Failure to
maintain general liability insurance and to provide the
Department with written proof of the insurance shall result
in cancellation of the license.
Section 20-15. Qualifications for licensure as a private
alarm contractor agency.
(a) Upon receipt of the required fee and proof that the
applicant has a full-time Illinois licensed private alarm
contractor-in-charge, which is a continuing requirement for
agency licensure, the Department shall issue a license as a
private alarm contractor agency to any of the following:
(1) An individual who submits an application and is
a licensed private alarm contractor under this Act.
(2) A firm that submits an application and all of
the members of the firm are licensed private alarm
contractors under this Act.
(3) A corporation or limited liability company
doing business in Illinois that is authorized by its
articles of incorporation or organization to engage in
the business of conducting a private alarm contractor
agency if at least one executive employee is licensed as
a private alarm contractor under this Act and all
unlicensed officers and directors of the corporation or
limited liability company are determined by the
Department to be persons of good moral character.
(b) No private alarm contractor may be the private alarm
contractor-in-charge for more than one private alarm
contractor agency. Upon written request by a representative
of an agency, within 10 days after the loss of a licensed
private alarm contractor-in-charge of an agency because of
the death of that individual or because of the termination of
the employment of that individual, the Department shall issue
a temporary certificate of authority allowing the continuing
operation of the licensed agency. No temporary certificate of
authority shall be valid for more than 90 days. An extension
of an additional 90 days may be granted upon written request
by the representative of the agency. Not more than 2
extensions may be granted to any agency. No temporary permit
shall be issued for loss of the licensee-in-charge because of
disciplinary action by the Department related to his or her
conduct on behalf of the agency.
(c) No private alarm contractor, private alarm
contractor agency, or person may install or connect an alarm
system or fire alarm system that connects automatically and
directly to a governmentally operated police or fire dispatch
system in a manner that violates subsection (a) of Section
15.2 of the Emergency Telephone System Act. In addition to
the penalties provided by the Emergency Telephone System Act,
a private alarm contractor agency that violates this Section
shall pay the Department an additional penalty of $250 per
occurrence.
Section 20-20. Training; private alarm contractor and
employees.
(a) Registered employees of the private alarm contractor
agency who carry a firearm and respond to alarm systems shall
complete, within 30 days of their employment, a minimum of 20
hours of classroom training provided by a qualified
instructor and shall include all of the following subjects:
(1) The law regarding arrest and search and seizure
as it applies to the private alarm industry.
(2) Civil and criminal liability for acts related
to the private alarm industry.
(3) The use of force, including but not limited to
the use of nonlethal force (i.e., disabling spray, baton,
stungun, or similar weapon).
(4) Arrest and control techniques.
(5) The offenses under the Criminal Code of 1961
that are directly related to the protection of persons
and property.
(6) The law on private alarm forces and on
reporting to law enforcement agencies.
(7) Fire prevention, fire equipment, and fire
safety.
(8) Civil rights and public relations.
(b) All other employees of a private alarm contractor
agency shall complete a minimum of 20 hours of training
provided by a qualified instructor within 30 days of their
employment. The substance of the training shall be related to
the work performed by the registered employee.
(c) It is the responsibility of the employer to certify,
on forms provided by the Department, that the employee has
successfully completed the training. The form shall be a
permanent record of training completed by the employee and
shall be placed in the employee's file with the employer for
the term the employee is retained by the employer. A private
alarm contractor agency may place a notarized copy of the
Department form in lieu of the original into the permanent
employee registration card file. The form shall be returned
to the employee when his or her employment is terminated.
Failure to return the form to the employee is grounds for
discipline. The employee shall not be required to complete
the training required under this Act once the employee has
been issued a form.
(d) Nothing in this Act prevents any employer from
providing or requiring additional training beyond the
required 20 hours that the employer feels is necessary and
appropriate for competent job performance.
(e) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
ARTICLE 25. PRIVATE SECURITY CONTRACTORS.
Section 25-5. Exemptions; private security contractor.
The provisions of this Act related to licensure of a private
security contractor do not apply to any of the following:
(1) An employee of the United States, Illinois, or
a political subdivision of either while the employee is
engaged in the performance of his or her official duties
within the scope of his or her employment. However, any
such person who offers his or her services as a private
security contractor or uses a similar title when these
services are performed for compensation or other
consideration, whether received directly or indirectly,
is subject to this Act.
(2) A person employed as either an armed or unarmed
security officer at a nuclear energy, storage, weapons,
or development site or facility regulated by the United
States Nuclear Regulatory Commission who has completed
the background screening and training mandated by the
regulations of the United States Nuclear Regulatory
Commission.
(3) A person, watchman, or proprietary security
officer employed exclusively by only one employer in
connection with the exclusive activities of that
employer.
Section 25-10. Qualifications for licensure as a private
security contractor.
(a) A person is qualified for licensure as a private
security contractor if he or she meets all of the following
requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted of any felony in any
jurisdiction or at least 10 years have elapsed since the
time of full discharge from a sentence imposed for a
felony conviction.
(3) Is of good moral character. Good character is a
continuing requirement of licensure. Conviction of crimes
other than felonies may be used in determining moral
character, but shall not constitute an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease, unless a court has
subsequently declared him or her to be competent.
(5) Is not suffering from dependence on alcohol or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience of the 5
years immediately preceding application working as a
full-time manager for a licensed private security
contractor agency or a manager of a proprietary security
force of 30 or more persons registered with the
Department or with 3 years experience of the 5 years
immediately preceding his or her application employed as
a full-time supervisor in a law enforcement agency of a
federal or state political subdivision, which shall
include a state's attorney's office or public defender's
office. The Board and the Department shall approve such
full-time supervisory experience. An applicant who has a
baccalaureate degree or higher in police science or a
related field or a business degree from an accredited
college or university shall be given credit for 2 of the
3 years of the required experience. An applicant who has
an associate degree in police science or in a related
field or in business from an accredited college or
university shall be given credit for one of the 3 years
of the required experience.
(7) Has not been dishonorably discharged from the
armed forces of the United States.
(8) Has passed an examination authorized by the
Department.
(9) Submits his or her fingerprints, proof of
having general liability insurance required under
subsection (b), and the required license fee.
(10) Has not violated Section 10-5 of this Act.
(b) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined
by rule. The applicant shall provide evidence of insurance to
the Department before being issued a license. Failure to
maintain general liability insurance and to provide the
Department with written proof of the insurance shall result
in cancellation of the license.
Section 25-15. Qualifications for licensure as a private
security contractor agency.
(a) Upon receipt of the required fee and proof that the
applicant has a full-time Illinois licensed private security
contractor-in-charge, which is a continuing requirement for
agency licensure, the Department shall issue a license as a
private security contractor agency to any of the following:
(1) An individual who submits an application and is
a licensed private security contractor under this Act.
(2) A firm that submits an application and all of
the members of the firm are licensed private security
contractors under this Act.
(3) A corporation or limited liability company
doing business in Illinois that is authorized by its
articles of incorporation or organization to engage in
the business of conducting a private security contractor
agency if at least one officer or executive employee is
licensed as a private security contractor under this Act
and all unlicensed officers and directors of the
corporation or limited liability company are determined
by the Department to be persons of good moral character.
(b) No private security contractor may be the private
security contractor licensee-in-charge for more than one
private security contractor agency. Upon written request by a
representative of the agency, within 10 days after the loss
of a private security contractor licensee-in-charge of an
agency because of the death of that individual or because of
the termination of the employment of that individual, the
Department shall issue a temporary certificate of authority
allowing the continuing operation of the licensed agency. No
temporary certificate of authority shall be valid for more
than 90 days. An extension of an additional 90 days may be
granted upon written request by the representative of the
agency. Not more than 2 extensions may be granted to any
agency. No temporary permit shall be issued for loss of the
licensee-in-charge because of disciplinary action by the
Department related to his or her conduct on behalf of the
agency.
Section 25-20. Training; private security contractor and
employees.
(a) Registered employees of the private security
contractor agency who provide traditional guarding or other
private security related functions or who respond to alarm
systems shall complete, within 30 days of their employment, a
minimum of 20 hours of classroom basic training provided by a
qualified instructor, which shall include the following
subjects:
(1) The law regarding arrest and search and seizure
as it applies to private security.
(2) Civil and criminal liability for acts related
to private security.
(3) The use of force, including but not limited to
the use of nonlethal force (i.e., disabling spray, baton,
stungun or similar weapon).
(4) Arrest and control techniques.
(5) The offenses under the Criminal Code of 1961
that are directly related to the protection of persons
and property.
(6) The law on private security forces and on
reporting to law enforcement agencies.
(7) Fire prevention, fire equipment, and fire
safety.
(8) The procedures for service of process and for
report writing.
(9) Civil rights and public relations.
(b) All other employees of a private security contractor
agency shall complete a minimum of 20 hours of training
provided by the qualified instructor within 30 days of their
employment. The substance of the training shall be related to
the work performed by the registered employee.
(c) Registered employees of the private security
contractor agency who provide guarding or other private
security related functions, in addition to the classroom
training required under subsection (a), within 6 months of
their employment, shall complete an additional 8 hours of
training on subjects to be determined by the employer, which
training may be site-specific and may be conducted on the
job.
(d) In addition to the basic training provided for in
subsections (a) and (c), registered employees of the private
security contractor agency who provide guarding or other
private security related functions shall complete an
additional 8 hours of refresher training on subjects to be
determined by the employer each calendar year commencing with
the calendar year following the employee's first employment
anniversary date, which refresher training may be
site-specific and may be conducted on the job.
(e) It is the responsibility of the employer to certify,
on a form provided by the Department, that the employee has
successfully completed the basic and refresher training. The
form shall be a permanent record of training completed by the
employee and shall be placed in the employee's file with the
employer for the period the employee remains with the
employer. An agency may place a notarized copy of the
Department form in lieu of the original into the permanent
employee registration card file. The original form shall be
given to the employee when his or her employment is
terminated. Failure to return the original form to the
employee is grounds for disciplinary action. The employee
shall not be required to repeat the required training once
the employee has been issued the form. An employer may
provide or require additional training.
(f) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
Section 25-30. Uniforms.
(a) No licensee under this Act or any employee of a
licensed agency shall wear or display a badge, shoulder patch
or other identification that contains the words "law
enforcement". No license holder or employee of a licensed
agency shall imply in any manner that the person is an
employee or agent of a governmental entity, display a badge
or identification card, emblem, or uniform using the words
"police", "sheriff", "highway patrol", "trooper", "law
enforcement" or any similar term.
(b) All military-style uniforms, if worn, by employees
of a licensed private security contractor agency, must bear
the name of the private security contractor agency, which
shall be plainly visible on a patch, badge, or other
insignia.
ARTICLE 30. LOCKSMITHS.
Section 30-5. Exemptions; locksmith. The provisions of
this Act do not apply to any of the following if the person
performing the service does not hold himself or herself out
as a locksmith:
(1) Automobile service dealers who service,
install, repair, or rebuild automobile locks.
(2) Police officers, firefighters, or municipal
employees who open a lock in an emergency situation.
(3) A retail merchant selling locks or similar
security accessories, duplicating keys, or installing,
programming, repairing, maintaining, reprogramming,
rebuilding, or servicing electronic garage door devices.
(4) A member of the building trades who installs or
removes complete locks or locking devices in the course
of residential or commercial new construction or
remodeling.
(5) An employee of a towing service, repossessor,
or automobile club opening automotive locks in the normal
course of his or her duties. Additionally, this Act shall
not prohibit an employee of a towing service from opening
motor vehicles to enable a vehicle to be moved without
towing, provided the towing service does not hold itself
out to the public, by directory advertisement, through a
sign at the facilities of the towing service, or by any
other form of advertisement, as a locksmith.
(6) A student in the course of study in locksmith
programs approved by the Department.
(7) Warranty service by a lock manufacturer or its
employees on the manufacturer's own products.
(8) A maintenance employee of a property management
company at a multi-family residential building who
services, installs, repairs, or opens locks for tenants.
(9) A person employed exclusively by only one
employer in connection with the exclusive activities of
that employer, providing that person does not hold
himself or herself out to the public as a locksmith.
(10) Persons who have no access to confidential or
security information and who otherwise do not provide
traditional locksmith services, as defined in this Act,
are exempt from employee registration. Examples of exempt
employees include, but are not limited to, employees
working in the capacity of key cutters, cashiers,
drivers, and reception personnel. Confidential or
security information is that which pertains to employee
files, scheduling, client contracts, master key charts,
access codes, or technical security and alarm data.
Section 30-10. Qualifications for licensure as a
locksmith.
(a) A person is qualified for licensure as a locksmith
if he or she meets all of the following requirements:
(1) Is at least 18 years of age.
(2) Has not been convicted of any felony in any
jurisdiction or at least 10 years have elapsed since the
time of full discharge from a sentence imposed for a
felony conviction.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Conviction of crimes other than felonies may be used in
determining moral character, but shall not constitute an
absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease, unless a court has
subsequently declared him or her to be competent.
(5) Is not suffering from dependence on alcohol or
from narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the
armed forces of the United States.
(7) Has passed an examination authorized by the
Department.
(8) Submits his or her fingerprints, proof of
having general liability insurance required under
subsection (b), and the required license fee.
(9) Has not violated Section 10-5 of this Act.
(b) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined
by rule. The applicant shall provide evidence of insurance to
the Department before being issued a license. Failure to
maintain general liability insurance and to provide the
Department with written proof of the insurance shall result
in cancellation of the license. A locksmith employed by a
licensed locksmith agency or employed by a private concern
may provide proof that his or her actions as a locksmith are
covered by the liability insurance of his or her employer.
Section 30-15. Qualifications for licensure as a
locksmith agency.
(a) Upon receipt of the required fee and proof that the
applicant is an Illinois licensed locksmith who shall assume
responsibility for the operation of the agency and the
directed actions of the agency's employees, which is a
continuing requirement for agency licensure, the Department
shall issue a license as a locksmith agency to any of the
following:
(1) An individual who submits an application and is
a licensed locksmith under this Act.
(2) A firm that submits an application and all of
the members of the firm are licensed locksmiths under
this Act.
(3) A corporation or limited liability company
doing business in Illinois that is authorized by its
articles of incorporation or organization to engage in
the business of conducting a locksmith agency if at least
one officer or executive employee is a licensed locksmith
under this Act and all unlicensed officers and directors
of the corporation or limited liability company are
determined by the Department to be persons of good moral
character.
(b) An individual licensed as a locksmith operating
under a business name other than the licensed locksmith's own
name shall not be required to obtain a locksmith agency
license if that licensed locksmith does not employ any
persons to engage in the practice of locksmithing.
(c) No locksmith may be the locksmith licensee in-charge
for more than one locksmith agency. Upon written request by a
representative of the agency, within 10 days after the loss
of a locksmith-in-charge of an agency because of the death of
that individual or because of the termination of the
employment of that individual, the Department shall issue a
temporary certificate of authority allowing the continuing
operation of the licensed agency. No temporary certificate of
authority shall be valid for more than 90 days. An extension
of an additional 90 days may be granted upon written request
by the representative of the agency. Not more than 2
extensions may be granted to any agency. No temporary permit
shall be issued for loss of the licensee-in-charge because of
disciplinary action by the Department related to his or her
conduct on behalf of the agency.
Section 30-20. Training; locksmith and employees.
(a) Registered employees of a licensed locksmith agency
shall complete a minimum of 20 hours of training provided by
a qualified instructor within 30 days of their employment.
The substance of the training shall be prescribed by rule.
(b) It is the responsibility of the employer to certify,
on a form provided by the Department, that the employee has
successfully completed the training. The form shall be a
permanent record of training completed by the employee and
shall be placed in the employee's file with the employer for
the period the employee remains with the employer. An agency
may place a notarized copy of the Department form in lieu of
the original into the permanent employee registration card
file. The original form shall be given to the employee when
his or her employment is terminated. Failure to return the
original form to the employee is grounds for disciplinary
action. The employee shall not be required to repeat the
required training once the employee has been issued the form.
An employer may provide or require additional training.
(c) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
Section 30-25. Customer identification; record keeping.
(a) A locksmith who bypasses, manipulates, or originates
a first key by code for a device safeguarding an area where
access is meant to be limited, whether or not for
compensation, shall document where the work was performed and
the name, address, date of birth, telephone number, and
driver's license number or other identification number of the
person requesting the work to be done and shall obtain the
signature of that person. A copy of the work order form shall
be kept by the licensed locksmith for a period of 2 years and
shall include the name and license number of the locksmith or
the name and identification number of the registered employee
who performed the services. Work order forms required to be
kept under this Section shall be available for inspection
upon written request made 3 days in advance by a law
enforcement agency.
(b) A locksmith who bypasses, manipulates, or originates
a first key for a motor vehicle, whether or not for
compensation, shall document the name, address, date of
birth, telephone number, vehicle identification number, and
driver's license number or other identification number of the
person requesting entry and obtain the signature of that
person. A copy of the work order form shall be kept by the
licensed locksmith for a period of 2 years and shall include
the name and license number of the locksmith or the name and
identification number of the registered employee who
performed the services. Work order forms required to be kept
under this Section shall be available for inspection upon
written request made 3 days in advance by a law enforcement
agency.
ARTICLE 35. BUSINESS PRACTICE PROVISIONS.
Section 35-5. Display of license. Each licensee shall
prominently display his or her individual, agency, or branch
office license at each place where business is being
conducted, as required under this Act. A licensee-in-charge
is required to post his or her license only at the agency
office.
Section 35-10. Inspection of facilities. Each licensee
shall permit his or her office facilities and registered
employee files to be audited or inspected at reasonable times
and in a reasonable manner upon 24 hours notice by the
Department.
Section 35-15. Advertisements; penalties.
(a) No licensee providing services regulated by this Act
may knowingly advertise those services without including his
or her license number in the advertisement. The publisher of
the advertising, however, is not required to verify the
accuracy of the advertisement or the license number.
(b) A licensee who advertises services regulated by this
Act who knowingly (i) fails to display his or her license at
his or her place of business, (ii) fails to provide the
publisher with the current license number, or (iii) provides
the publisher with a false license number or a license number
other than that of the person or agency doing the advertising
or a licensee who knowingly allows his or her license number
to be displayed or used by another person or agency to
circumvent any provision of this subsection, is guilty of a
Class A misdemeanor. Each day an advertisement is published
or a licensee allows his or her license to be used in
violation of this Section constitutes a separate offense. In
addition to the penalties and remedies provided in this
Section, a licensee who violates any provision of this
Section shall be subject to the disciplinary action, fines,
and civil penalty provisions of this Act.
Section 35-20. Renewal provisions.
(a) As a condition of renewal of a license, each
licensee shall report to the Department information
pertaining to the licensee's business location, status as
active or inactive, proof of continued general liability
insurance coverage, and any other data as determined by rule
to be reasonably related to the administration of this Act.
Licensees shall report this information as a condition of
renewal, except that a change in home or office address or a
change of the licensee-in-charge shall be reported within 10
days of when it occurs.
(b) Upon renewal, every licensee shall report to the
Department every instance during the licensure period in
which the quality of his or her professional services in the
State of Illinois was the subject of legal action that
resulted in a settlement or a verdict in excess of $10,000.
Section 35-25. Duplicate licenses. If a license,
permanent employee registration card, or firearm
authorization card is lost, a duplicate shall be issued upon
proof of such loss together with the payment of the required
fee. If a licensee decides to change his or her name, the
Department shall issue a license in the new name upon proof
that the change was done pursuant to law and payment of the
required fee. Notification of a name change shall be made to
the Department within 30 days after the change.
Section 35-30. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
permanent employee registration card. The holder of an agency
license issued under this Act, known in this Section as
"employer", may employ in the conduct of his or her business
employees under the following provisions:
(1) No person shall be issued a permanent employee
registration card who:
(A) Is younger than 18 years of age.
(B) Is younger than 21 years of age if the
services will include being armed.
(C) Has been determined by the Department to
be unfit by reason of conviction of an offense in
this or another state, other than a traffic offense.
The Department shall adopt rules for making those
determinations that shall afford the applicant due
process of law.
(D) Has had a license or permanent employee
registration card denied, suspended, or revoked
under this Act (i) within one year before the date
the person's application for permanent employee
registration card is received by the Department; and
(ii) that refusal, denial, suspension, or revocation
was based on any provision of this Act other than
Section 40-50, item (6) or (8) of subsection (a) of
Section 15-10, subsection (b) of Section 15-10, item
(6) or (8) of subsection (a) of Section 20-10,
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of
Section 25-10, item (7) of subsection (a) of Section
30-10, subsection (b) of Section 30-10, or Section
10-40.
(E) Has been declared incompetent by any court
of competent jurisdiction by reason of mental
disease or defect and has not been restored.
(F) Has been dishonorably discharged from the
armed services of the United States.
(2) No person may be employed by a private
detective agency, private security contractor agency,
private alarm contractor agency, or locksmith agency
under this Section until he or she has executed and
furnished to the employer, on forms furnished by the
Department, a verified statement to be known as
"Employee's Statement" setting forth:
(A) The person's full name, age, and residence
address.
(B) The business or occupation engaged in for
the 5 years immediately before the date of the
execution of the statement, the place where the
business or occupation was engaged in, and the names
of employers, if any.
(C) That the person has not had a license or
employee registration denied, revoked, or suspended
under this Act (i) within one year before the date
the person's application for permanent employee
registration card is received by the Department; and
(ii) that refusal, denial, suspension, or revocation
was based on any provision of this Act other than
Section 40-50, item (6) or (8) of subsection (a) of
Section 15-10, subsection (b) of Section 15-10, item
(6) or (8) of subsection (a) of Section 20-10,
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of
Section 25-10, item (7) of subsection (a) of Section
30-10, subsection (b) of Section 30-10, or Section
10-40.
(D) Any conviction of a felony or misdemeanor.
(E) Any declaration of incompetence by a court
of competent jurisdiction that has not been
restored.
(F) Any dishonorable discharge from the armed
services of the United States.
(G) Any other information as may be required
by any rule of the Department to show the good
character, competency, and integrity of the person
executing the statement.
(c) Each applicant for a permanent employee registration
card shall have his or her fingerprints submitted to the
Department of State Police in an electronic format that
complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Department of State Police. These fingerprints shall
be checked against the Department of State Police and Federal
Bureau of Investigation criminal history record databases now
and hereafter filed. The Department of State Police shall
charge applicants a fee for conducting the criminal history
records check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The Department of State Police shall furnish,
pursuant to positive identification, records of Illinois
convictions to the Department. The Department may require
applicants to pay a separate fingerprinting fee, either to
the Department or directly to the vendor. The Department, in
its discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or
her fingerprints in an alternative manner. The Department, in
its discretion, may also use other procedures in performing
or obtaining criminal background checks of applicants.
Instead of submitting his or her fingerprints, an individual
may submit proof that is satisfactory to the Department that
an equivalent security clearance has been conducted. Also, an
individual who has retired as a peace officer within 12
months of application may submit verification, on forms
provided by the Department and signed by his or her employer,
of his or her previous full-time employment as a peace
officer.
(d) The Department shall issue a permanent employee
registration card, in a form the Department prescribes, to
all qualified applicants. The holder of a permanent employee
registration card shall carry the card at all times while
actually engaged in the performance of the duties of his or
her employment. Expiration and requirements for renewal of
permanent employee registration cards shall be established by
rule of the Department. Possession of a permanent employee
registration card does not in any way imply that the holder
of the card is employed by an agency unless the permanent
employee registration card is accompanied by the employee
identification card required by subsection (f) of this
Section.
(e) Each employer shall maintain a record of each
employee that is accessible to the duly authorized
representatives of the Department. The record shall contain
the following information:
(1) A photograph taken within 10 days of the date
that the employee begins employment with the employer.
The photograph shall be replaced with a current
photograph every 3 calendar years.
(2) The Employee's Statement specified in
subsection (b) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under
subsection (f) of this Section. Each employee record
shall duly note if the employee is employed in an armed
capacity. Armed employee files shall contain a copy of an
active firearm owner's identification card and a copy of
an active firearm authorization card. Each employer shall
maintain a record for each armed employee of each
instance in which the employee's weapon was discharged
during the course of his or her professional duties or
activities. The record shall be maintained on forms
provided by the Department, a copy of which must be filed
with the Department within 15 days of an instance. The
record shall include the date and time of the occurrence,
the circumstances involved in the occurrence, and any
other information as the Department may require. Failure
to provide this information to the Department or failure
to maintain the record as a part of each armed employee's
permanent file is grounds for disciplinary action. The
Department, upon receipt of a report, shall have the
authority to make any investigation it considers
appropriate into any occurrence in which an employee's
weapon was discharged and to take disciplinary action as
may be appropriate.
(5) The Department may, by rule, prescribe further
record requirements.
(f) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent
photograph of the employee, the employee's name, the name and
agency license number of the employer, the employee's
personal description, the signature of the employer, the
signature of that employee, the date of issuance, and an
employee identification card number.
(g) No employer may issue an employee identification
card to any person who is not employed by the employer in
accordance with this Section or falsely state or represent
that a person is or has been in his or her employ. It is
unlawful for an applicant for registered employment to file
with the Department the fingerprints of a person other than
himself or herself.
(h) Every employer shall obtain the identification card
of every employee who terminates employment with him or her.
(i) Every employer shall maintain a separate roster of
the names of all employees currently working in an armed
capacity and submit the roster to the Department on request.
(j) No agency may employ any person to perform a
licensed activity under this Act unless the person possesses
a valid permanent employee registration card or a valid
license under this Act, or is exempt pursuant to subsection
(n).
(k) Notwithstanding the provisions of subsection (j), an
agency may employ a person in a temporary capacity if all of
the following conditions are met:
(1) The agency completes in its entirety and
submits to the Department an application for a permanent
employee registration card, including the required
fingerprint receipt and fees.
(2) The agency has verification from the Department
that the applicant has no record of any criminal
conviction pursuant to the criminal history check
conducted by the Department of State Police. The agency
shall maintain the verification of the results of the
Department of State Police criminal history check as part
of the employee record as required under subsection (e)
of this Section.
(3) The agency exercises due diligence to ensure
that the person is qualified under the requirements of
the Act to be issued a permanent employee registration
card.
(4) The agency maintains a separate roster of the
names of all employees whose applications are currently
pending with the Department and submits the roster to the
Department on a monthly basis. Rosters are to be
maintained by the agency for a period of at least 24
months.
An agency may employ only a permanent employee applicant
for which it either submitted a permanent employee
application and all required forms and fees or it confirms
with the Department that a permanent employee application and
all required forms and fees have been submitted by another
agency, licensee or the permanent employee and all other
requirements of this Section are met.
The Department shall have the authority to revoke,
without a hearing, the temporary authority of an individual
to work upon receipt of Federal Bureau of Investigation
fingerprint data or a report of another official authority
indicating a criminal conviction. If the Department has not
received a temporary employee's Federal Bureau of
Investigation fingerprint data within 120 days of the date
the Department received the Department of State Police
fingerprint data, the Department may, at its discretion,
revoke the employee's temporary authority to work with 15
days written notice to the individual and the employing
agency.
An agency may not employ a person in a temporary capacity
if it knows or reasonably should have known that the person
has been convicted of a crime under the laws of this State,
has been convicted in another state of any crime that is a
crime under the laws of this State, has been convicted of any
crime in a federal court, or has been posted as an unapproved
applicant by the Department. Notice by the Department to the
agency, via certified mail, personal delivery, electronic
mail, or posting on the Department's Internet site accessible
to the agency that the person has been convicted of a crime
shall be deemed constructive knowledge of the conviction on
the part of the agency. The Department may adopt rules to
implement this subsection (k).
(l) No person may be employed under this Section in any
capacity if:
(1) the person, while so employed, is being paid by
the United States or any political subdivision for the
time so employed in addition to any payments he or she
may receive from the employer; or
(2) the person wears any portion of his or her
official uniform, emblem of authority, or equipment while
so employed.
(m) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, the Department shall so notify the agency
that submitted the fingerprints on behalf of that person.
(n) Peace officers shall be exempt from the requirements
of this Section relating to permanent employee registration
cards. The agency shall remain responsible for any peace
officer employed under this exemption, regardless of whether
the peace officer is compensated as an employee or as an
independent contractor and as further defined by rule.
(o) Persons who have no access to confidential or
security information and who otherwise do not provide
traditional security services are exempt from employee
registration. Examples of exempt employees include, but are
not limited to, employees working in the capacity of ushers,
directors, ticket takers, cashiers, drivers, and reception
personnel. Confidential or security information is that which
pertains to employee files, scheduling, client contracts, or
technical security and alarm data.
Section 35-35. Requirement of a firearm authorization
card.
(a) No person shall perform duties that include the use,
carrying, or possession of a firearm in the performance of
those duties without complying with the provisions of this
Section and having been issued a valid firearm authorization
card by the Department.
(b) No employer shall employ any person to perform the
duties for which employee registration is required and allow
that person to carry a firearm unless that person has
complied with all the firearm training requirements of this
Section and has been issued a firearm authorization card.
This Act permits only the following to carry firearms while
actually engaged in the performance of their duties or while
commuting directly to or from their places of employment:
persons licensed as private detectives and their registered
employees; persons licensed as private security contractors
and their registered employees; persons licensed as private
alarm contractors and their registered employees; and
employees of a registered armed proprietary security force.
(c) Possession of a valid firearm authorization card
allows an employee to carry a firearm not otherwise
prohibited by law while the employee is engaged in the
performance of his or her duties or while the employee is
commuting directly to or from the employee's place or places
of employment, provided that this is accomplished within one
hour from departure from home or place of employment.
(d) The Department shall issue a firearm authorization
card to a person who has passed an approved firearm training
course, who is currently employed by an agency licensed by
this Act and has met all the requirements of this Act, and
who possesses a valid firearm owner identification card.
Application for the firearm authorization card shall be made
by the employer to the Department on forms provided by the
Department. The Department shall forward the card to the
employer who shall be responsible for its issuance to the
employee. The firearm authorization card shall be issued by
the Department and shall identify the person holding it and
the name of the course where the employee received firearm
instruction and shall specify the type of weapon or weapons
the person is authorized by the Department to carry and for
which the person has been trained.
(e) Expiration and requirements for renewal of firearm
authorization cards shall be determined by rule.
(f) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a firearm authorization card if the
applicant or holder has been convicted of any felony or crime
involving the illegal use, carrying, or possession of a
deadly weapon or for a violation of this Act or rules
promulgated under this Act. The Department shall refuse to
issue or shall revoke a firearm authorization card if the
applicant or holder fails to possess a valid firearm owners
identification card. The Director shall summarily suspend a
firearm authorization card if the Director finds that its
continued use would constitute an imminent danger to the
public. A hearing shall be held before the Board within 30
days if the Director summarily suspends a firearm
authorization card.
(g) Notwithstanding any other provision of this Act to
the contrary, all requirements relating to firearms
authorization cards do not apply to a peace officer.
Section 35-40. Firearm authorization; training
requirements.
(a) The Department shall, pursuant to rule, approve or
disapprove training programs for the firearm training course,
which shall be taught by a qualified instructor.
Qualifications for instructors shall be set by rule. The
firearm training course shall be conducted by entities, by a
licensee, or by an agency licensed by this Act, provided the
course is approved by the Department. The firearm course
shall consist of the following minimum requirements:
(1) 40 hours of training, 20 hours of which shall
be as described in Sections 15-20, 20-20, or 25-20, as
applicable, and 20 hours of which shall include all of
the following:
(A) Instruction in the dangers of and misuse
of firearms, their storage, safety rules, and care
and cleaning of firearms.
(B) Practice firing on a range with live
ammunition.
(C) Instruction in the legal use of firearms.
(D) A presentation of the ethical and moral
considerations necessary for any person who
possesses a firearm.
(E) A review of the laws regarding arrest,
search, and seizure.
(F) Liability for acts that may be performed
in the course of employment.
(2) An examination shall be given at the completion
of the course. The examination shall consist of a
firearms qualification course and a written examination.
Successful completion shall be determined by the
Department.
(b) The firearm training requirement may be waived for
an employee who has completed training provided by the
Illinois Law Enforcement Training Standards Board or the
equivalent public body of another state, provided
documentation showing requalification with the weapon on the
firing range is submitted to the Department.
Section 35-45. Armed proprietary security force.
(a) All financial institutions that employ one or more
armed employees and all commercial or industrial operations
that employ 5 or more persons as armed employees shall
register their security forces with the Department on forms
provided by the Department.
(b) All armed employees of the registered proprietary
security force must complete a 20-hour basic training course
and 20-hour firearm training.
(c) Every proprietary security force is required to
apply to the Department, on forms supplied by the Department,
for a firearm authorization card for each armed employee.
(d) The Department may provide rules for the
administration of this Section.
ARTICLE 40. DISCIPLINARY PROVISIONS.
Section 40-5. Injunctive relief. The practice of a
private detective, private security contractor, private alarm
contractor, locksmith, private detective agency, private
security contractor agency, private alarm contractor agency,
or locksmith agency by any person, firm, corporation, or
other legal entity that has not been issued a license by the
Department or whose license has been suspended, revoked, or
not renewed is hereby declared to be inimical to the public
safety and welfare and to constitute a public nuisance. The
Director, through the Attorney General, the State's Attorney
of any county, any resident of the State, or any legal entity
within the State may apply for injunctive relief in any court
to enjoin any person, firm, or other entity that has not been
issued a license or whose license has been suspended,
revoked, or not renewed from conducting a licensed activity.
Upon the filing of a verified petition in court, if satisfied
by affidavit or otherwise that the person, firm, corporation,
or other legal entity is or has been conducting activities in
violation of this Act, the court may enter a temporary
restraining order or preliminary injunction, without bond,
enjoining the defendant from further activity. A copy of the
verified complaint shall be served upon the defendant and the
proceedings shall be conducted as in civil cases. If it is
established the defendant has been or is conducting
activities in violation of this Act, the court may enter a
judgment enjoining the defendant from that activity. In case
of violation of any injunctive order or judgment entered
under this Section, the court may punish the offender for
contempt of court. Injunctive proceedings shall be in
addition to all other penalties under this Act.
Section 40-10. Disciplinary sanctions.
(a) The Department may deny issuance, refuse to renew,
or restore or may reprimand, place on probation, suspend, or
revoke any license, registration, permanent employee
registration card, or firearm authorization card, and it may
impose a fine not to exceed $1,500 for a first violation and
not to exceed $5,000 for a second or subsequent violation for
any of the following:
(1) Fraud or deception in obtaining or renewing of
a license or registration.
(2) Professional incompetence as manifested by poor
standards of service.
(3) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(4) Conviction in Illinois or another state of any
crime that is a felony under the laws of Illinois; a
felony in a federal court; a misdemeanor, an essential
element of which is dishonesty; or directly related to
professional practice.
(5) Performing any services in a grossly negligent
manner or permitting any of a licensee's employees to
perform services in a grossly negligent manner,
regardless of whether actual damage to the public is
established.
(6) Continued practice, although the person has
become unfit to practice due to any of the following:
(A) Physical illness, including, but not
limited to, deterioration through the aging process
or loss of motor skills that results in the
inability to serve the public with reasonable
judgment, skill, or safety.
(B) Mental disability demonstrated by the
entry of an order or judgment by a court that a
person is in need of mental treatment or is
incompetent.
(C) Addiction to or dependency on alcohol or
drugs that is likely to endanger the public. If the
Department has reasonable cause to believe that a
person is addicted to or dependent on alcohol or
drugs that may endanger the public, the Department
may require the person to undergo an examination to
determine the extent of the addiction or dependency.
(7) Receiving, directly or indirectly, compensation
for any services not rendered.
(8) Willfully deceiving or defrauding the public on
a material matter.
(9) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(10) Discipline by another United States
jurisdiction or foreign nation, if at least one of the
grounds for the discipline is the same or substantially
equivalent to those set forth in this Act.
(11) Giving differential treatment to a person that
is to that person's detriment because of race, color,
creed, sex, religion, or national origin.
(12) Engaging in false or misleading advertising.
(13) Aiding, assisting, or willingly permitting
another person to violate this Act or rules promulgated
under it.
(14) Performing and charging for services without
authorization to do so from the person or entity
serviced.
(15) Directly or indirectly offering or accepting
any benefit to or from any employee, agent, or fiduciary
without the consent of the latter's employer or principal
with intent to or the understanding that this action will
influence his or her conduct in relation to his or her
employer's or principal's affairs.
(16) Violation of any disciplinary order imposed on
a licensee by the Department.
(17) Failing to comply with any provision of this
Act or rule promulgated under it.
(18) Conducting an agency without a valid license.
(19) Revealing confidential information, except as
required by law, including but not limited to information
available under Section 2-123 of the Illinois Vehicle
Code.
(20) Failing to make available to the Department,
upon request, any books, records, or forms required by
this Act.
(21) Failing, within 30 days, to respond to a
written request for information from the Department.
(22) Failing to provide employment information or
experience information required by the Department
regarding an applicant for licensure.
(23) Failing to make available to the Department at
the time of the request any indicia of licensure or
registration issued under this Act.
(24) Purporting to be a licensee-in-charge of an
agency without active participation in the agency.
(b) The Department shall seek to be consistent in the
application of disciplinary sanctions.
Section 40-15. Suspension or revocation of permanent
employee registration card. Individuals registered as
employees pursuant to the provisions of Section 35-30 of this
Act shall be subject to the disciplinary sanctions of this
Act and shall otherwise comply with this Act and the rules
promulgated under it. Notwithstanding any other provision in
this Act to the contrary, registered employees of an agency
shall not be responsible for compliance with any requirement
that this Act assigns to the agency or the licensee-in-charge
regardless of the employee's job title, job duties, or
position in the agency. The procedures for disciplining a
licensee shall also apply in taking action against a
registered employee.
Section 40-20. Confidential information; violation. Any
person who is or has been an employee of a licensee shall not
divulge to anyone, other than to his or her employer, except
as required by law or at his employer's direction, any
confidential or proprietary information acquired during his
or her employment. Any individual who violates this Section
or who files false papers or reports to his or her employer
may be disciplined under Section 40-10 of this Act.
Section 40-25. Submission to physical or mental
examination. The Department may order a licensee or a
registrant to submit to a reasonable physical or mental
examination if the licensee or registrant's mental or
physical capacity to work safely is an issue in a
disciplinary proceeding. The failure to submit to a
Director's order to submit to a reasonable mental or physical
exam shall constitute a violation of this Act subject to the
disciplinary provisions in Section 40-10.
Section 40-30. Insufficient funds; checks. A person who
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial
institution upon which it was drawn shall pay to the
Department, in addition to the amount already owed, a penalty
of $50. The Department shall notify the person by first class
mail that his or her check or payment was returned and that
the person shall pay to the Department by certified check or
money order the amount of the returned check plus a $50
penalty within 30 calendar days after the date of the
notification. If, after the expiration of 30 calendar days of
the notification, the person has failed to remit the
necessary funds and penalty, the Department shall
automatically terminate the license or deny the application
without a hearing. If the returned check or other payment was
for issuance of a license under this Act and that person
practices as a licensee, that person may be subject to
discipline for unlicensed practice as provided in this Act.
If, after termination or denial, the person seeks a license,
he or she shall petition the Department for restoration and
he or she may be subject to additional discipline or fines.
The Director may waive the penalties or fines due under this
Section in individual cases where the Director finds that the
penalties or fines would be unreasonable or unnecessarily
burdensome.
Section 40-35. Disciplinary action for educational loan
defaults. The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State. The Department may issue a license or
renewal if the person has established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission or other appropriate governmental
agency of this State. Additionally, a license issued by the
Department may be suspended or revoked if the Director, after
the opportunity for a hearing under this Act, finds that the
licensee has failed to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent or
defaulted loan.
Section 40-40. Nonpayment of child support. In cases
where the Department of Public Aid or any circuit court has
previously determined that a licensee or a potential licensee
is more than 30 days delinquent in the payment of child
support and has subsequently certified the delinquency to the
Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of Public
Aid or a circuit court. Redetermination of the delinquency by
the Department shall not be required. In cases regarding the
renewal of a license, the Department shall not renew any
license if the Department of Public Aid or a circuit court
has certified the licensee to be more than 30 days delinquent
in the payment of child support, unless the licensee has
arranged for payment of past and current child support
obligations in a manner satisfactory to the Department of
Public Aid or circuit court. The Department may impose
conditions, restrictions or disciplinary action upon that
renewal in accordance with Section 40-10 of this Act.
Section 40-45. Failure to file a tax return. The
Department may refuse to issue or may suspend the license of
any person, firm, or other entity that fails to file a tax
return, to pay a tax, penalty, or interest shown in a filed
return, or to pay any final assessment of a tax, penalty, or
interest, as required by any law administered by the
Department of Revenue until the requirements of the law are
satisfied or a repayment agreement with the Department of
Revenue has been entered into.
Section 40-50. Statute of limitations. No action may be
taken under this Act against a person or entity licensed
under this Act unless the action is commenced within 5 years
after the occurrence of the alleged violations. A continuing
violation shall be deemed to have occurred on the date when
the circumstances last existed that give rise to the alleged
violation.
ARTICLE 45. INVESTIGATION AND HEARING PROVISIONS
Section 45-10. Complaints investigated by the
Department.
(a) The Department shall investigate all complaints
concerning violations regarding licensees or unlicensed
activity.
(b) Following an investigation, the Department may file
formal charges against the licensee. The formal charges shall
inform the licensee of the facts that are the basis of the
charges with enough specificity to enable the licensee to
prepare an intelligent defense.
(c) Each licensee whose conduct is the subject of a
formal charge that seeks to impose disciplinary action
against the licensee shall be served notice of that charge at
least 30 days before the date of the hearing. The hearing
shall be presided over by a Board member or by a hearing
officer authorized by the Department. Service shall be
considered to have been given if the notice was personally
received by the licensee or if the notice was mailed by
certified mail, return receipt requested, to the licensee at
the licensee's address on file with the Department.
(d) The notice of formal charges shall consist of the
following information:
(1) The time, place, and date of the hearing.
(2) That the licensee shall appear personally at
the hearing and may be represented by counsel.
(3) That the licensee may produce witnesses and
evidence on his or her behalf and has the right to cross-
examine witnesses and evidence produced against him or
her.
(4) That the hearing could result in disciplinary
action.
(5) That rules for the conduct of hearings are
available from the Department.
(6) That a hearing officer authorized by the
Department shall conduct the hearing and, following the
conclusion of that hearing, shall make findings of fact,
conclusions of law, and recommendations, separately
stated, to the Board as to what disciplinary action, if
any, should be imposed on the licensee.
(7) That the licensee shall file a written answer
to the Board under oath within 20 days after the service
of the notice, and that if the licensee fails to file an
answer default will be taken and the license or
certificate may be suspended, revoked, or placed on
probationary status, or other disciplinary action may be
taken, including limiting the scope, nature, or extent of
practice, as the Director may consider proper.
In case the licensee, after receiving notice, fails
to file an answer, that person's license or certificate
may, in the discretion of the Director, having received
first the recommendation of the Board, be suspended,
revoked, or placed on probationary status; or the
Director may take whatever disciplinary action is
considered under this Act, including limiting the scope,
nature, or extent of the person's practice, without a
hearing, if the act or acts charged constitute sufficient
grounds for the action under this Act.
Section 45-15. Hearing; rehearing; public record.
(a) The Board or the hearing officer authorized by the
Department shall hear evidence in support of the formal
charges and evidence produced by the licensee. At the
conclusion of the hearing, the Board shall make findings of
fact, conclusions of law, and recommendations and submit them
to the Director and to all parties to the proceeding.
(b) The Board's findings of fact, conclusions of law,
and recommendations shall be served on the licensee in the
same manner as was the service of the notice of formal
charges. Within 20 days after the service, any party to the
proceeding may present to the Director a motion, in writing,
specifying the grounds for a rehearing or reconsideration of
the decision or sanctions.
(c) The Director, following the time allowed for filing
a motion for rehearing or reconsideration, shall review the
Board's findings of fact, conclusions of law and
recommendations and any subsequently filed motions. After
review of the information, the Director may hear oral
arguments and thereafter shall issue an order. The report of
findings of fact, conclusions of law and recommendations of
the Board shall be the basis for the Department's order. If
the Director finds that substantial justice was not done, the
Director may issue an order in contravention of the Board's
recommendations. The Director shall provide the Board with a
written explanation of any deviation and shall specify the
reasons for the action. The findings of the Board and the
Director are not admissible as evidence against the person in
a criminal prosecution brought for the violation of this Act.
(d) All proceedings under this Section are matters of
public record and shall be preserved.
(e) Upon the suspension or revocation of a license, the
licensee shall surrender the license to the Department and,
upon failure to do so, the Department shall seize the same.
Section 45-20. Temporary suspension of a license. The
Director may temporarily suspend a license without a hearing,
simultaneously with the initiation of the procedure for a
hearing provided for in this Act, if the Director finds that
evidence indicates that a licensee's continuation in business
would constitute an imminent danger to the public. If the
Director temporarily suspends a license without a hearing, a
hearing by the Department shall be held within 30 days after
the suspension has occurred.
Section 45-25. Disposition by consent order. Disposition
may be made of any charge by consent order between the
Department and the licensee. The Board shall be apprised of
the consent order at its next meeting.
Section 45-30. Restoration of license after disciplinary
proceedings. The Department shall reinstate any license to
good standing under this Act upon recommendation to the
Director, after a hearing before the Board or a hearing
officer authorized by the Department. The Department shall be
satisfied that the applicant's renewed practice is not
contrary to the public interest.
Section 45-35. Cease and desist orders. Whenever the
Department has reason to believe a person, firm, corporation,
or other legal entity has violated any provision of Section
10-5, the Department may issue a rule to show cause why an
order to cease and desist should not be entered against that
person, firm, corporation, or other legal entity. The rule
shall clearly set forth the grounds relied upon by the
Department and shall provide a period of 7 days from the date
of the rule to file an answer to the satisfaction of the
Department. Failure to answer to the satisfaction of the
Department shall cause an order to cease and desist to be
issued immediately.
Section 45-40. Administrative review. All final
administrative decisions of the Department are subject to
judicial review under Article III of the Code of Civil
Procedure. The term "administrative decision" is defined as
in Section 3-101 of the Code of Civil Procedure. The
proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides; but if the party is not a resident of
Illinois, the venue shall be in Sangamon County. The
Department shall not be required to certify any record to the
court or file any answer in court or otherwise appear in any
court in a judicial review proceeding, unless there is filed
in the court with the complaint a receipt from the Department
acknowledging payment of the costs of furnishing and
certifying the record. Costs shall be computed at the cost of
preparing the record. Exhibits shall be certified without
cost. Failure on the part of the applicant or licensee to
file a receipt in court is grounds for dismissal of the
action. During all judicial proceedings incident to a
disciplinary action, the sanctions imposed upon a licensee by
the Department shall remain in effect, unless the court
determines justice requires a stay of the order.
Section 45-45. Prima facie proof. An order of revocation
or suspension or placing a license on probationary status or
other disciplinary action as the Department may consider
proper or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, is
prima facie proof that:
(1) the signature is that of the Director;
(2) the Director is qualified to act; and
(3) the members of the Board are qualified to act.
Section 45-50. Unlicensed practice; fraud in obtaining a
license.
(a) A person who violates any of the following
provisions shall be guilty of a Class A misdemeanor; a person
who commits a second or subsequent violation of these
provisions is guilty of a Class 4 felony:
(1) The practice of or attempted practice of or
holding out as available to practice as a private
detective, private security contractor, private alarm
contractor, or locksmith without a license.
(2) Operation of or attempt to operate a private
detective agency, private security contractor agency,
private alarm contractor agency, or locksmith agency
without ever having been issued a valid agency license.
(3) The obtaining of or the attempt to obtain any
license or authorization issued under this Act by
fraudulent misrepresentation.
(b) Whenever a licensee is convicted of a felony related
to the violations set forth in this Section, the clerk of the
court in any jurisdiction shall promptly report the
conviction to the Department and the Department shall
immediately revoke any license as a private detective,
private security contractor, private alarm contractor, or
locksmith held by that licensee. The individual shall not be
eligible for licensure under this Act until at least 10 years
have elapsed since the time of full discharge from any
sentence imposed for a felony conviction. If any person in
making any oath or affidavit required by this Act swears
falsely, the person is guilty of perjury and may be punished
accordingly.
(c) In addition to any other penalty provided by law, a
person who violates any provision of this Section shall pay a
civil penalty to the Department in an amount not to exceed
$5,000 for each offense, as determined by the Department. The
civil penalty shall be imposed in accordance with this Act.
Section 45-55. Subpoenas.
(a) The Department may subpoena and bring before it any
person to take the testimony with the same fees and in the
same manner as prescribed in civil cases.
(b) Any circuit court, upon the application of the
licensee, the Department, or the Board, may order the
attendance of witnesses and the production of relevant books
and papers before the Board in any hearing under this Act.
The circuit court may compel obedience to its order by
proceedings for contempt.
(c) The Director, the hearing officer or a certified
shorthand court reporter may administer oaths at any hearing
the Department conducts. Notwithstanding any other statute or
Department rule to the contrary, all requests for testimony,
production of documents or records shall be in accordance
with this Act.
Section 45-60. Stenographers. The Department, at its
expense, shall provide a stenographer to preserve a record of
all hearing and pre-hearing proceedings if a license may be
revoked, suspended, or placed on probationary status or other
disciplinary action is taken. The notice of hearing, the
complaint, all other documents in the nature of pleadings and
written motions filed in the proceedings, the transcript of
testimony, the report of the Board, and the orders of the
Department shall constitute the record of the proceedings.
The Department shall furnish a transcript of the record upon
payment of the costs of copying and transmitting the record.
ARTICLE 50. ADMINISTRATIVE PROVISIONS
Section 50-5. Personnel; investigators. The Director
shall employ, pursuant to the Personnel Code, personnel, on a
full-time or part-time basis, for the enforcement of this
Act. Each investigator shall have a minimum of 2 years
investigative experience out of the immediately preceding 5
years. No investigator may hold an active license issued
pursuant to this Act, nor may an investigator have a
financial interest in a business licensed under this Act.
This prohibition, however, does not apply to an investigator
holding stock in a business licensed under this Act, provided
the investigator does not hold more than 5% of the stock in
the business. Any person licensed under this Act who is
employed by the Department shall surrender his or her license
to the Department for the duration of that employment. The
licensee shall be exempt from all renewal fees while
employed. While employed by the Department, the licensee is
not required to maintain the general liability insurance
coverage required by this Act.
Section 50-10. The Private Detective, Private Alarm,
Private Security, and Locksmith Board.
(a) The Private Detective, Private Alarm, Private
Security, and Locksmith Board shall consist of 11 members
appointed by the Director and comprised of 2 licensed private
detectives, 3 licensed private security contractors, 2
licensed private alarm contractors, 2 licensed locksmiths,
one public member who is not licensed or registered under
this Act and who has no connection with a business licensed
under this Act, and one member representing the employees
registered under this Act. Each member shall be a resident of
Illinois. Each licensed member shall have at least 5 years
experience as a licensee in the professional area in which
the person is licensed and be in good standing and actively
engaged in that profession. In making appointments, the
Director shall consider the recommendations of the
professionals and the professional organizations representing
the licensees. The membership shall reasonably reflect the
different geographic areas in Illinois.
(b) Members shall serve 4 year terms and may serve until
their successors are appointed. No member shall serve for
more than 2 successive terms. Appointments to fill vacancies
shall be made in the same manner as the original appointments
for the unexpired portion of the vacated term. Members of the
Board in office on the effective date of this Act pursuant to
the Private Detective, Private Alarm, Private Security, and
Locksmith Act of 1993 shall serve for the duration of their
terms and may be appointed for one additional term.
(c) A member of the Board may be removed for cause. A
member subject to formal disciplinary proceedings shall
disqualify himself or herself from all Board business until
the charge is resolved. A member also shall disqualify
himself or herself from any matter on which the member cannot
act objectively.
(d) Members shall receive compensation as set by law.
Each member shall receive reimbursement as set by the
Governor's Travel Control Board for expenses incurred in
carrying out the duties as a Board member.
(e) A majority of Board members constitutes a quorum. A
majority vote of the quorum is required for a decision.
(f) The Board shall elect a chairperson and vice
chairperson.
(g) Board members are not liable for their acts,
omissions, decisions, or other conduct in connection with
their duties on the Board, except those determined to be
willful, wanton, or intentional misconduct.
(h) The Board may recommend policies, procedures, and
rules relevant to the administration and enforcement of this
Act.
Section 50-15. Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois and
shall exercise all other powers and duties set forth in this
Act.
(b) The Director shall prescribe forms to be issued for
the administration and enforcement of this Act.
Section 50-20. Rules. The Department may promulgate
rules for the administration and enforcement of this Act. The
rules shall include standards for registration, licensure,
professional conduct, and discipline. The Department shall
consult with the Board prior to promulgating any rule.
Proposed rules shall be transmitted, prior to publication in
the Illinois Register, to the Board and the Department shall
review the Board's recommendations and shall notify the Board
with an explanation of any deviations from the Board's
recommendations.
Section 50-25. Home rule. Pursuant to paragraph (h) of
Section 6 of Article VII of the Illinois Constitution of
1970, the power to regulate the private detective, private
security, private alarm, or locksmith business or their
employees shall be exercised exclusively by the State and may
not be exercised by any unit of local government, including
home rule units.
Section 50-30. Fees; deposit of fees and fines. The
Department shall by rule provide for fees for the
administration and enforcement of this Act, and those fees
are nonrefundable. All of the fees and fines collected under
this Act shall be deposited into the General Professions
Dedicated Fund and be appropriated to the Department for the
ordinary and contingent expenses of the Department in the
administration and enforcement of this Act.
Section 50-35. Rosters. The Department shall, upon
request and payment of the fee, provide a list of the names
and addresses of all licensees under this Act.
Section 50-40. Rights and obligations. All rights and
obligations incurred and any actions commenced under the
Private Detective, Private Alarm, Private Security, and
Locksmith Act of 1993 shall not be impaired by the enactment
of this Act. Rules adopted under the Private Detective,
Private Alarm, Private Security, and Locksmith Act of 1993,
unless inconsistent with this Act, shall remain in effect
until amended or revoked. All licenses issued by the
Department permitting the holder to act as a private
detective, private detective agency, private security
contractor, private security contractor agency, private alarm
contractor, private alarm contractor agency, locksmith, or
locksmith agency that are valid on the effective date of this
Act shall be considered valid under this Act. All licenses
issued under the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 are valid and are subject
to the same authority of the Department to revoke or suspend
them as licenses issued under this Act.
ARTICLE 90. AMENDATORY PROVISIONS.
Section 90-5. The Regulatory Sunset Act is amended by
changing Sections 4.14 and 4.24 as follows:
(5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
Sec. 4.14. Acts repealed.
(a) The following Act is Acts are repealed December 31,
2003:
The Private Detective, Private Alarm, and Private
Security Act of 1993.
The Illinois Occupational Therapy Practice Act.
(b) The following Acts are repealed January 1, 2004:
The Illinois Certified Shorthand Reporters Act of
1984.
The Veterinary Medicine and Surgery Practice Act of
1994.
(Source: P.A. 92-457, eff 8-21-01.)
(5 ILCS 80/4.24)
Sec. 4.24. Acts repealed on January 1, 2014. The
following Acts are repealed on January 1, 2014:
The Electrologist Licensing Act.
The Illinois Public Accounting Act.
The Private Detective, Private Alarm, Private Security,
and Locksmith Act of 2004.
(Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)
Section 90-10. The Criminal Identification Act is
amended by changing Section 3-1 as follows:
(20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
Sec. 3.1. (a) The Department may furnish, pursuant to
positive identification, records of convictions to the
Department of Professional Regulation for the purpose of
meeting registration or licensure requirements under The
Private Detective, Private Alarm, Private Security, and
Locksmith Act of 2004 and Private Security Act of 1983.
(b) The Department may furnish, pursuant to positive
identification, records of convictions to policing bodies of
this State for the purpose of assisting local liquor control
commissioners in carrying out their duty to refuse to issue
licenses to persons specified in paragraphs (4), (5) and (6)
of Section 6-2 of The Liquor Control Act of 1934.
(c) The Department shall charge an application fee,
based on actual costs, for the dissemination of records
pursuant to this Section. Fees received for the
dissemination of records pursuant to this Section shall be
deposited in the State Police Services Fund. The Department
is empowered to establish this fee and to prescribe the form
and manner for requesting and furnishing conviction
information pursuant to this Section.
(d) Any dissemination of any information obtained
pursuant to this Section to any person not specifically
authorized hereby to receive or use it for the purpose for
which it was disseminated shall constitute a violation of
Section 7.
(Source: P.A. 85-1440.)
Section 90-15. The Service Contract Act is amended by
changing Section 10 as follows:
(215 ILCS 152/10)
Sec. 10. Exemptions. Service contract providers and
related service contract sellers and administrators complying
with this Act are not required to comply with and are not
subject to any provision of the Illinois Insurance Code. A
service contract provider who is the manufacturer or a
wholly-owned subsidiary of the manufacturer of the product or
the builder, seller, or lessor of the product that is the
subject of the service contract is required to comply only
with Sections 30, 35, 45, and 50 of this Act; except that, a
service contract provider who sells a motor vehicle,
excluding a motorcycle as defined in Section 1-147 of the
Illinois Vehicle Code, or who leases, but is not the
manufacturer of, the motor vehicle, excluding a motorcycle as
defined in Section 1-147 of the Illinois Vehicle Code, that
is the subject of the service contract must comply with this
Act in its entirety. Contracts for the repair and monitoring
of private alarm or private security systems regulated under
the Private Detective, Private Alarm, Private Security, and
Locksmith Act of 2004 1993 are not required to comply with
this Act and are not subject to any provision of the Illinois
Insurance Code.
(Source: P.A. 91-430, eff. 1-1-00; 92-16, eff. 6-28-01.)
(225 ILCS 446/Act rep.)
Section 90-20. The Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 is repealed.
Section 90-25. The Illinois Vehicle Code is amended by
changing Section 2-123 as follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, and all other governmental units of the State
and Federal Government requesting them for governmental
purposes. The Secretary shall require any such applicant for
services to pay for the costs of furnishing such services and
the use of the equipment involved, and in addition is
empowered to establish prices and charges for the services so
furnished and for the use of the electronic equipment
utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed
in subsection (a) of this Section, vehicle or driver data on
a computer tape, disk, other electronic format or computer
processable medium, or printout at a fixed fee of $250 in
advance and require in addition a further sufficient deposit
based upon the Secretary of State's estimate of the total
cost of the information requested and a charge of $25 per
1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is authorized to refund
any difference between the additional deposit and the actual
cost of the request. This service shall not be in lieu of an
abstract of a driver's record nor of a title or registration
search. This service may be limited to entities purchasing a
minimum number of records as required by administrative rule.
The information sold pursuant to this subsection shall be the
entire vehicle or driver data list, or part thereof. The
information sold pursuant to this subsection shall not
contain personally identifying information unless the
information is to be used for one of the purposes identified
in subsection (f-5) of this Section. Commercial purchasers
of driver and vehicle record databases shall enter into a
written agreement with the Secretary of State that includes
disclosure of the commercial use of the information to be
purchased.
(c) Secretary of State may issue registration lists.
The Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to
the registration numbers assigned to registered vehicles and
shall contain in addition the names and addresses of
registered owners and a brief description of each vehicle
including the serial or other identifying number thereof.
Such compilation may be in such form as in the discretion of
the Secretary of State may seem best for the purposes
intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased by the
sheriffs or chiefs of police at the fee of $500 each or at
the cost of producing the list as determined by the Secretary
of State. Such lists are to be used for governmental
purposes only.
(e) (Blank).
(e-1) (Blank).
(f) The Secretary of State shall make a title or
registration search of the records of his office and a
written report on the same for any person, upon written
application of such person, accompanied by a fee of $5 for
each registration or title search. The written application
shall set forth the intended use of the requested
information. No fee shall be charged for a title or
registration search, or for the certification thereof
requested by a government agency. The report of the title or
registration search shall not contain personally identifying
information unless the request for a search was made for one
of the purposes identified in subsection (f-5) of this
Section.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 in addition to the fee required for
a title or registration search. Certification shall be made
under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, Private Security, and Locksmith Act
of 2004 and Private Security Act of 1983, who are employed by
or are acting on behalf of law enforcement officials,
government agencies, financial institutions, attorneys,
insurers, employers, automobile associated businesses, and
other business entities for purposes consistent with the
Illinois Vehicle Code, the vehicle owner or registrant or
other entities as the Secretary may exempt by rule and
regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 40-10 22
or 25 of the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 2004 and Private Security Act
of 1983.
(f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any
personally identifying information obtained by the Secretary
of State in connection with a driver's license, vehicle, or
title registration record unless the information is disclosed
for one of the following purposes:
(1) For use by any government agency, including any
court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on
behalf of a federal, State, or local agency in carrying
out its functions.
(2) For use in connection with matters of motor
vehicle or driver safety and theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or
advisories; performance monitoring of motor vehicles,
motor vehicle parts, and dealers; and removal of
non-owner records from the original owner records of
motor vehicle manufacturers.
(3) For use in the normal course of business by a
legitimate business or its agents, employees, or
contractors, but only:
(A) to verify the accuracy of personal
information submitted by an individual to the
business or its agents, employees, or contractors;
and
(B) if such information as so submitted is not
correct or is no longer correct, to obtain the
correct information, but only for the purposes of
preventing fraud by, pursuing legal remedies
against, or recovering on a debt or security
interest against, the individual.
(4) For use in research activities and for use in
producing statistical reports, if the personally
identifying information is not published, redisclosed, or
used to contact individuals.
(5) For use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal,
State, or local court or agency or before any
self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the
execution or enforcement of judgments and orders, or
pursuant to an order of a federal, State, or local court.
(6) For use by any insurer or insurance support
organization or by a self-insured entity or its agents,
employees, or contractors in connection with claims
investigation activities, antifraud activities, rating,
or underwriting.
(7) For use in providing notice to the owners of
towed or impounded vehicles.
(8) For use by any private investigative agency or
security service licensed in Illinois for any purpose
permitted under this subsection.
(9) For use by an employer or its agent or insurer
to obtain or verify information relating to a holder of a
commercial driver's license that is required under
chapter 313 of title 49 of the United States Code.
(10) For use in connection with the operation of
private toll transportation facilities.
(11) For use by any requester, if the requester
demonstrates it has obtained the written consent of the
individual to whom the information pertains.
(12) For use by members of the news media, as
defined in Section 1-148.5, for the purpose of
newsgathering when the request relates to the operation
of a motor vehicle or public safety.
(13) For any other use specifically authorized by
law, if that use is related to the operation of a motor
vehicle or public safety.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $6, furnish to the person or
agency so requesting a driver's record. Such document
may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
Information released pursuant to a request for a driver's
record shall not contain personally identifying
information, unless the request for the driver's record
was made for one of the purposes set forth in subsection
(f-5) of this Section.
2. The Secretary of State may certify an abstract
of a driver's record upon written request therefor.
Such certification shall be made under the signature of
the Secretary of State and shall be authenticated by the
Seal of his office.
3. All requests for driving record information
shall be made in a manner prescribed by the Secretary and
shall set forth the intended use of the requested
information.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
No information shall be released to the requester
until expiration of a 10 day period. This 10 day period
shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private
detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 2004 and Private Security
Act of 1983, who are employed by or are acting on behalf
of law enforcement officials, government agencies,
financial institutions, attorneys, insurers, employers,
automobile associated businesses, and other business
entities for purposes consistent with the Illinois
Vehicle Code, the affected driver or other entities as
the Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense,
except in the case of persons licensed as a private
detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under
Section 40-10 22 or 25 of the Private Detective, Private
Alarm, Private Security, and Locksmith Act of 2004 and
Private Security Act of 1983.
4. The Secretary of State may furnish without fee,
upon the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in
the enforcement of this Code or any other law relating to
the operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or
previously had, a driver's license; and the address and
personal description as reflected on said driver's
record.
5. Except as otherwise provided in this Section,
the Secretary of State may furnish, without fee,
information from an individual driver's record on file,
if a written request therefor is submitted by any public
transit system or authority, public defender, law
enforcement agency, a state or federal agency, or an
Illinois local intergovernmental association, if the
request is for the purpose of a background check of
applicants for employment with the requesting agency, or
for the purpose of an official investigation conducted by
the agency, or to determine a current address for the
driver so public funds can be recovered or paid to the
driver, or for any other purpose set forth in subsection
(f-5) of this Section.
The Secretary may also furnish the courts a copy of
an abstract of a driver's record, without fee, subsequent
to an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance. Such abstract
may include records of dispositions; documented
information involving the use of a motor vehicle as
contained in the current file; whether such individual
has, or previously had, a driver's license; and the
address and personal description as reflected on said
driver's record.
6. Any certified abstract issued by the Secretary
of State or transmitted electronically by the Secretary
of State pursuant to this Section, to a court or on
request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's
license shall be prima facie evidence of the facts
therein stated and if the name appearing in such abstract
is the same as that of a person named in an information
or warrant, such abstract shall be prima facie evidence
that the person named in such information or warrant is
the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code
and be admitted as proof of any prior conviction or proof
of records, notices, or orders recorded on individual
driving records maintained by the Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $6, the Secretary of State shall
provide a driver's record to the affected driver, or the
affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
(4) of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers except pursuant to a written request by, or with the
prior written consent of, the individual except: (1) to
officers and employees of the Secretary who have a need to
know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and
if the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of
Transportation, or any other State, pursuant to the
administration and enforcement of the Commercial Motor
Vehicle Safety Act of 1986, (4) pursuant to the order of a
court of competent jurisdiction, or (5) to the Department of
Public Aid for utilization in the child support enforcement
duties assigned to that Department under provisions of the
Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the
Secretary in accordance with the federal Privacy Act.
(i) (Blank).
(j) Medical statements or medical reports received in
the Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and
employees of the Secretary who have a need to know the
information contained in the medical reports and the Driver
License Medical Advisory Board, unless so directed by an
order of a court of competent jurisdiction.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that $3 of
the $6 fee for a driver's record shall be paid into the
Secretary of State Special Services Fund.
(l) (Blank).
(m) Notations of accident involvement that may be
disclosed under this Section shall not include notations
relating to damage to a vehicle or other property being
transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m)
shall limit disclosure of any notification of accident
involvement to any law enforcement agency or official.
(n) Requests made by the news media for driver's
license, vehicle, or title registration information may be
furnished without charge or at a reduced charge, as
determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public
interest. Waiver or reduction of the fee is in the public
interest if the principal purpose of the request is to access
and disseminate information regarding the health, safety, and
welfare or the legal rights of the general public and is not
for the principal purpose of gaining a personal or commercial
benefit. The information provided pursuant to this subsection
shall not contain personally identifying information unless
the information is to be used for one of the purposes
identified in subsection (f-5) of this Section.
(o) The redisclosure of personally identifying
information obtained pursuant to this Section is prohibited,
except to the extent necessary to effectuate the purpose for
which the original disclosure of the information was
permitted.
(p) The Secretary of State is empowered to adopt rules
to effectuate this Section.
(Source: P.A. 91-37, eff. 7-1-99; 91-357, eff. 7-29-99;
91-716, eff. 10-1-00; 92-32, eff. 7-1-01; 92-651, eff.
7-11-02.)
Section 90-30. The Criminal Code of 1961 is amended by
changing Section 24-2 as follows:
(720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
Sec. 24-2. Exemptions.
(a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
and Section 24-1.6 do not apply to or affect any of the
following:
(1) Peace officers, and any person summoned by a
peace officer to assist in making arrests or preserving
the peace, while actually engaged in assisting such
officer.
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other institutions for
the detention of persons accused or convicted of an
offense, while in the performance of their official duty,
or while commuting between their homes and places of
employment.
(3) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard or
the Reserve Officers Training Corps, while in the
performance of their official duty.
(4) Special agents employed by a railroad or a
public utility to perform police functions, and guards of
armored car companies, while actually engaged in the
performance of the duties of their employment or
commuting between their homes and places of employment;
and watchmen while actually engaged in the performance of
the duties of their employment.
(5) Persons licensed as private security
contractors, private detectives, or private alarm
contractors, or employed by an agency certified by the
Department of Professional Regulation, if their duties
include the carrying of a weapon under the provisions of
the Private Detective, Private Alarm, Private Security,
and Locksmith Act of 2004 and Private Security Act of
1983, while actually engaged in the performance of the
duties of their employment or commuting between their
homes and places of employment, provided that such
commuting is accomplished within one hour from departure
from home or place of employment, as the case may be.
Persons exempted under this subdivision (a)(5) shall be
required to have completed a course of study in firearms
handling and training approved and supervised by the
Department of Professional Regulation as prescribed by
Section 28 of the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 2004 and Private
Security Act of 1983, prior to becoming eligible for this
exemption. The Department of Professional Regulation
shall provide suitable documentation demonstrating the
successful completion of the prescribed firearms
training. Such documentation shall be carried at all
times when such persons are in possession of a
concealable weapon.
(6) Any person regularly employed in a commercial
or industrial operation as a security guard for the
protection of persons employed and private property
related to such commercial or industrial operation, while
actually engaged in the performance of his or her duty or
traveling between sites or properties belonging to the
employer, and who, as a security guard, is a member of a
security force of at least 5 persons registered with the
Department of Professional Regulation; provided that such
security guard has successfully completed a course of
study, approved by and supervised by the Department of
Professional Regulation, consisting of not less than 40
hours of training that includes the theory of law
enforcement, liability for acts, and the handling of
weapons. A person shall be considered eligible for this
exemption if he or she has completed the required 20
hours of training for a security officer and 20 hours of
required firearm training, and has been issued a firearm
authorization card by the Department of Professional
Regulation. Conditions for the renewal of firearm
authorization cards issued under the provisions of this
Section shall be the same as for those cards issued under
the provisions of the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 2004 and Private
Security Act of 1983. Such firearm authorization card
shall be carried by the security guard at all times when
he or she is in possession of a concealable weapon.
(7) Agents and investigators of the Illinois
Legislative Investigating Commission authorized by the
Commission to carry the weapons specified in subsections
24-1(a)(3) and 24-1(a)(4), while on duty in the course of
any investigation for the Commission.
(8) Persons employed by a financial institution for
the protection of other employees and property related to
such financial institution, while actually engaged in the
performance of their duties, commuting between their
homes and places of employment, or traveling between
sites or properties owned or operated by such financial
institution, provided that any person so employed has
successfully completed a course of study, approved by and
supervised by the Department of Professional Regulation,
consisting of not less than 40 hours of training which
includes theory of law enforcement, liability for acts,
and the handling of weapons. A person shall be considered
to be eligible for this exemption if he or she has
completed the required 20 hours of training for a
security officer and 20 hours of required firearm
training, and has been issued a firearm authorization
card by the Department of Professional Regulation.
Conditions for renewal of firearm authorization cards
issued under the provisions of this Section shall be the
same as for those issued under the provisions of the
Private Detective, Private Alarm, Private Security, and
Locksmith Act of 2004 and Private Security Act of 1983.
Such firearm authorization card shall be carried by the
person so trained at all times when such person is in
possession of a concealable weapon. For purposes of this
subsection, "financial institution" means a bank, savings
and loan association, credit union or company providing
armored car services.
(9) Any person employed by an armored car company
to drive an armored car, while actually engaged in the
performance of his duties.
(10) Persons who have been classified as peace
officers pursuant to the Peace Officer Fire Investigation
Act.
(11) Investigators of the Office of the State's
Attorneys Appellate Prosecutor authorized by the board of
governors of the Office of the State's Attorneys
Appellate Prosecutor to carry weapons pursuant to Section
7.06 of the State's Attorneys Appellate Prosecutor's Act.
(12) Special investigators appointed by a State's
Attorney under Section 3-9005 of the Counties Code.
(13) Court Security Officers while in the
performance of their official duties, or while commuting
between their homes and places of employment, with the
consent of the Sheriff.
(13.5) A person employed as an armed security guard
at a nuclear energy, storage, weapons or development site
or facility regulated by the Nuclear Regulatory
Commission who has completed the background screening and
training mandated by the rules and regulations of the
Nuclear Regulatory Commission.
(14) Manufacture, transportation, or sale of
weapons to persons authorized under subdivisions (1)
through (13.5) of this subsection to possess those
weapons.
(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
(1) Members of any club or organization organized
for the purpose of practicing shooting at targets upon
established target ranges, whether public or private, and
patrons of such ranges, while such members or patrons are
using their firearms on those target ranges.
(2) Duly authorized military or civil organizations
while parading, with the special permission of the
Governor.
(3) Hunters, trappers or fishermen with a license
or permit while engaged in hunting, trapping or fishing.
(4) Transportation of weapons that are broken down
in a non-functioning state or are not immediately
accessible.
(c) Subsection 24-1(a)(7) does not apply to or affect
any of the following:
(1) Peace officers while in performance of their
official duties.
(2) Wardens, superintendents and keepers of
prisons, penitentiaries, jails and other institutions for
the detention of persons accused or convicted of an
offense.
(3) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard,
while in the performance of their official duty.
(4) Manufacture, transportation, or sale of machine
guns to persons authorized under subdivisions (1) through
(3) of this subsection to possess machine guns, if the
machine guns are broken down in a non-functioning state
or are not immediately accessible.
(5) Persons licensed under federal law to
manufacture any weapon from which 8 or more shots or
bullets can be discharged by a single function of the
firing device, or ammunition for such weapons, and
actually engaged in the business of manufacturing such
weapons or ammunition, but only with respect to
activities which are within the lawful scope of such
business, such as the manufacture, transportation, or
testing of such weapons or ammunition. This exemption
does not authorize the general private possession of any
weapon from which 8 or more shots or bullets can be
discharged by a single function of the firing device, but
only such possession and activities as are within the
lawful scope of a licensed manufacturing business
described in this paragraph.
During transportation, such weapons shall be broken
down in a non-functioning state or not immediately
accessible.
(6) The manufacture, transport, testing, delivery,
transfer or sale, and all lawful commercial or
experimental activities necessary thereto, of rifles,
shotguns, and weapons made from rifles or shotguns, or
ammunition for such rifles, shotguns or weapons, where
engaged in by a person operating as a contractor or
subcontractor pursuant to a contract or subcontract for
the development and supply of such rifles, shotguns,
weapons or ammunition to the United States government or
any branch of the Armed Forces of the United States, when
such activities are necessary and incident to fulfilling
the terms of such contract.
The exemption granted under this subdivision (c)(6)
shall also apply to any authorized agent of any such
contractor or subcontractor who is operating within the
scope of his employment, where such activities involving
such weapon, weapons or ammunition are necessary and
incident to fulfilling the terms of such contract.
During transportation, any such weapon shall be
broken down in a non-functioning state, or not
immediately accessible.
(d) Subsection 24-1(a)(1) does not apply to the
purchase, possession or carrying of a black-jack or
slung-shot by a peace officer.
(e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
apply to:
(1) Members of the Armed Services or Reserve Forces
of the United States or the Illinois National Guard,
while in the performance of their official duty.
(2) Bonafide collectors of antique or surplus
military ordinance.
(3) Laboratories having a department of forensic
ballistics, or specializing in the development of
ammunition or explosive ordinance.
(4) Commerce, preparation, assembly or possession
of explosive bullets by manufacturers of ammunition
licensed by the federal government, in connection with
the supply of those organizations and persons exempted by
subdivision (g)(1) of this Section, or like organizations
and persons outside this State, or the transportation of
explosive bullets to any organization or person exempted
in this Section by a common carrier or by a vehicle owned
or leased by an exempted manufacturer.
(h) An information or indictment based upon a violation
of any subsection of this Article need not negative any
exemptions contained in this Article. The defendant shall
have the burden of proving such an exemption.
(i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm
consigned to a common carrier operating under license of the
State of Illinois or the federal government, where such
transportation, carrying, or possession is incident to the
lawful transportation in which such common carrier is
engaged; and nothing in this Article shall prohibit, apply
to, or affect the transportation, carrying, or possession of
any pistol, revolver, stun gun, taser, or other firearm, not
the subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and
enclosed in a case, firearm carrying box, shipping box, or
other container, by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00;
92-325, eff. 8-9-01.)
Section 90-35. The Code of Civil Procedure is amended by
changing Section 2-202 as follows:
(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
Sec. 2-202. Persons authorized to serve process; Place of
service; Failure to make return.
(a) Process shall be served by a sheriff, or if the
sheriff is disqualified, by a coroner of some county of the
State. A sheriff of a county with a population of less than
1,000,000 may employ civilian personnel to serve process. In
counties with a population of less than 1,000,000, process
may be served, without special appointment, by a person who
is licensed or registered as a private detective under the
Private Detective, Private Alarm, Private Security, and
Locksmith Act of 2004 1993 or by a registered employee of a
private detective agency certified under that Act. A private
detective or licensed employee must supply the sheriff of any
county in which he serves process with a copy of his license
or certificate; however, the failure of a person to supply
the copy shall not in any way impair the validity of process
served by the person. The court may, in its discretion upon
motion, order service to be made by a private person over 18
years of age and not a party to the action. It is not
necessary that service be made by a sheriff or coroner of the
county in which service is made. If served or sought to be
served by a sheriff or coroner, he or she shall endorse his
or her return thereon, and if by a private person the return
shall be by affidavit.
(a-5) Upon motion and in its discretion, the court may
appoint as a special process server a private detective
agency certified under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 2004 1993. Under the
appointment, any employee of the private detective agency who
is registered under that Act may serve the process. The
motion and the order of appointment must contain the number
of the certificate issued to the private detective agency by
the Department of Professional Regulation under the Private
Detective, Private Alarm, Private Security, and Locksmith Act
of 2004 1993.
(b) Summons may be served upon the defendants wherever
they may be found in the State, by any person authorized to
serve process. An officer may serve summons in his or her
official capacity outside his or her county, but fees for
mileage outside the county of the officer cannot be taxed as
costs. The person serving the process in a foreign county may
make return by mail.
(c) If any sheriff, coroner, or other person to whom any
process is delivered, neglects or refuses to make return of
the same, the plaintiff may petition the court to enter a
rule requiring the sheriff, coroner, or other person, to make
return of the process on a day to be fixed by the court, or
to show cause on that day why that person should not be
attached for contempt of the court. The plaintiff shall then
cause a written notice of the rule to be served on the
sheriff, coroner, or other person. If good and sufficient
cause be not shown to excuse the officer or other person, the
court shall adjudge him or her guilty of a contempt, and
shall impose punishment as in other cases of contempt.
(d) If process is served by a sheriff or coroner, the
court may tax the fee of the sheriff or coroner as costs in
the proceeding. If process is served by a private person or
entity, the court may establish a fee therefor and tax such
fee as costs in the proceedings.
(e) In addition to the powers stated in Section 8.1a of
the Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for forcible entry and
detainer actions commenced by that housing authority and may
execute orders of possession for that housing authority.
(f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under the
Forcible Entry and Detainer Article of this Code as a result
of a lessor or lessor's assignee declaring a lease void
pursuant to Section 11 of the Controlled Substance and
Cannabis Nuisance Act.
(Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.)
ARTICLE 99. EFFECTIVE DATE.
Section 99-5. Effective date. This Act takes effect upon
becoming law.