093_HB2290

 
                                     LRB093 08651 LRD 08880 b

 1        AN ACT in relation to regulated professions.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Private Detective, Private Alarm, Private
 5    Security,  and  Locksmith  Act of 1993 is amended by changing
 6    Sections 75 and 77 as follows:

 7        (225 ILCS 446/75)
 8        (Section scheduled to be repealed on December 31, 2003)
 9        Sec.  75.  Qualifications  for   licensure   and   agency
10    certification.
11        (a)  Private Detective.  A person is qualified to receive
12    a  license  as  a private detective if he or she meets all of
13    the following requirements:
14             (1)  Is at least 21 years of age.
15             (2)  Has not been convicted in any  jurisdiction  of
16        any  felony  or  at  least 10 years have expired from the
17        time of discharge from any sentence imposed for a felony.
18             (3)  Is of good moral character.  Good character  is
19        a  continuing  requirement  of  licensure.  Conviction of
20        crimes not listed in paragraph (2) of subsection  (a)  of
21        this  Section may be used in determining moral character,
22        but does not operate as an absolute bar to licensure.
23             (4)  Has not been declared by any court of competent
24        jurisdiction to be incompetent by  reason  of  mental  or
25        physical  defect  or  disease  unless  a  court has since
26        declared him or her to be competent.
27             (5)  Is not suffering from habitual  drunkenness  or
28        from narcotic addiction or dependence.
29             (6)  Has  a minimum of 3 years experience out of the
30        5 years immediately  preceding  his  or  her  application
31        working full-time for a licensed private detective agency
 
                            -2-      LRB093 08651 LRD 08880 b
 1        as  a  registered  private  detective  employee or with 3
 2        years experience out of the 5 years immediately preceding
 3        his  or  her  application   employed   as   a   full-time
 4        investigator   for  a  licensed  attorney  or  in  a  law
 5        enforcement  agency  of  a  federal  or  State  political
 6        subdivision, which shall  include  a  State's  Attorney's
 7        office  or  a  Public  Defender's  office, such full-time
 8        investigator experience to be approved by the  Board  and
 9        the   Department.    An  applicant  who  has  obtained  a
10        baccalaureate degree in police science or a related field
11        or a  business  degree  from  an  accredited  college  or
12        university  shall  be  given  credit for 2 of the 3 years
13        experience required under this Section.  An applicant who
14        has obtained an associate degree in police science  or  a
15        related  field  or in business from an accredited college
16        or university shall be given credit  for  one  of  the  3
17        years experience required under this Section.
18             (7)  Has  not  been dishonorably discharged from the
19        armed services of the United States.
20             (8)  Has   successfully   passed   an    examination
21        authorized  by  the  Department.  The  examination  shall
22        include  subjects  reasonably  related  to the activities
23        licensed so as to  provide  for  the  protection  of  the
24        health and safety of the public.
25             (9)  Has  not violated Section 15, 20, or 25 of this
26        Act, but this requirement does not operate as an absolute
27        bar to licensure.
28          It is the responsibility of  the  applicant  to  obtain
29    liability   insurance   in   an   amount  and  coverage  type
30    appropriate  as  determined  by  rule  for  the   applicant's
31    individual   business  circumstances.   The  applicant  shall
32    provide evidence of insurance to the Department before  being
33    issued a license.  This insurance requirement is a continuing
34    requirement  for  licensure.  Failure  to  maintain insurance
 
                            -3-      LRB093 08651 LRD 08880 b
 1    shall  result  in  cancellation  of  the   license   by   the
 2    Department.
 3        (b)  Private  security contractor.  A person is qualified
 4    to receive a license as a private security contractor  if  he
 5    or she meets all of the following requirements:
 6             (1)  Is at least 21 years of age.
 7             (2)  Has  not  been convicted in any jurisdiction of
 8        any felony or at least 10 years  have  expired  from  the
 9        time of discharge from any sentence imposed for a felony.
10             (3)  Is   of   good  moral  character.   Good  moral
11        character  is  a  continuing  requirement  of  licensure.
12        Convictions of crimes not  listed  in  paragraph  (2)  of
13        subsection (b) of this Section may be used in determining
14        moral character, but do not operate as an absolute bar to
15        licensure.
16             (4)  Has not been declared by any court of competent
17        jurisdiction  to  be  incompetent  by reason of mental or
18        physical defect or  disease  unless  a  court  has  since
19        declared him or her to be competent.
20             (5)  Is  not  suffering from habitual drunkenness or
21        from narcotic addiction or dependence.
22             (6)  Has a minimum of 3 years experience out of  the
23        5 years immediately preceding his or her application as a
24        full-time manager or administrator for a licensed private
25        security  contractor agency or a manager or administrator
26        of a proprietary security force of  30  or  more  persons
27        registered   with   the   Department,  or  with  3  years
28        experience out of the 5 years immediately  preceding  his
29        or  her  application  as  a full-time supervisor in a law
30        enforcement  agency  of  a  federal  or  State  political
31        subdivision, which shall  include  a  State's  Attorney's
32        office   or  Public  Defender's  office,  such  full-time
33        supervisory experience to be approved by  the  Board  and
34        the   Department.    An  applicant  who  has  obtained  a
 
                            -4-      LRB093 08651 LRD 08880 b
 1        baccalaureate degree in police science or a related field
 2        or a  business  degree  from  an  accredited  college  or
 3        university  shall  be  given  credit for 2 of the 3 years
 4        experience required under this Section.  An applicant who
 5        has obtained an associate degree in police science  or  a
 6        related  field  or in business from an accredited college
 7        or university shall be given credit  for  one  of  the  3
 8        years experience required under this Section.
 9             (7)  Has  not  been dishonorably discharged from the
10        armed services of the United States.
11             (8)  Has   successfully   passed   an    examination
12        authorized  by  the  Department.  The  examination  shall
13        include  subjects  reasonably  related  to the activities
14        licensed so as to  provide  for  the  protection  of  the
15        health and safety of the public.
16             (9)  Has  not violated Section 15, 20, or 25 of this
17        Act, but this requirement does not operate as an absolute
18        bar to licensure.
19          It is the responsibility of  the  applicant  to  obtain
20    liability  insurance  in amount and coverage type appropriate
21    as determined by rule for the applicant's individual business
22    circumstances.   The  applicant  shall  provide  evidence  of
23    insurance to the Department before being  issued  a  license.
24    This  insurance  requirement  is a continuing requirement for
25    licensure.  Failure to maintain  insurance  shall  result  in
26    cancellation of the license by the Department.
27        (c)  Private  alarm contractor.  A person is qualified to
28    receive a license as a private alarm contractor if he or  she
29    meets all of the following requirements:
30             (1)  Is at least 21 years of age.
31             (2)  Has  not  been convicted in any jurisdiction of
32        any felony or at least 10 years  have  expired  from  the
33        time of discharge from any sentence imposed for a felony.
34             (3)  Is   of   good  moral  character.   Good  moral
 
                            -5-      LRB093 08651 LRD 08880 b
 1        character  is  a  continuing  requirement  of  licensure.
 2        Convictions of crimes not  listed  in  paragraph  (2)  of
 3        subsection (c) of this Section may be used in determining
 4        moral character, but do not operate as an absolute bar to
 5        licensure.
 6             (4)  Has not been declared by any court of competent
 7        jurisdiction  to  be  incompetent  by reason of mental or
 8        physical defect or  disease  unless  a  court  has  since
 9        declared him or her to be competent.
10             (5)  Is  not  suffering from habitual drunkenness or
11        from narcotic addiction or dependence.
12             (6)  Has not been dishonorably discharged  from  the
13        armed services of the United States.
14             (7)  Has  a minimum of 3 years experience out of the
15        5 years immediately preceding application as a full  time
16        manager  or  administrator  for  an  agency licensed as a
17        private alarm contractor agency, or for  an  entity  that
18        designs,  sells,  installs,  services,  or monitors alarm
19        systems which in the  judgment  of  the  Board  satisfies
20        standards  of  alarm  industry competence.  An individual
21        who  has  received  a  4  year   degree   in   electrical
22        engineering or a related field from a program approved by
23        the Board shall be given credit for 2 years of experience
24        under  this item (7).  An individual who has successfully
25        completed a national certification  program  approved  by
26        the   Board  shall  be  given  credit  for  one  year  of
27        experience under this item (7).
28             (8)  Has   successfully   passed   an    examination
29        authorized  by  the  Department.  The  examination  shall
30        include  subjects  reasonably  related  to the activities
31        licensed so as to  provide  for  the  protection  of  the
32        health and safety of the public.
33             (9)  Has  not violated Section 15, 20, or 25 of this
34        Act, but this requirement does not operate as an absolute
 
                            -6-      LRB093 08651 LRD 08880 b
 1        bar to licensure.
 2          It is the responsibility of  the  applicant  to  obtain
 3    liability   insurance   in   an   amount  and  coverage  type
 4    appropriate  as  determined  by  rule  for  the   applicant's
 5    individual   business  circumstances.   The  applicant  shall
 6    provide evidence of insurance to the Department before  being
 7    issued a license.  This insurance requirement is a continuing
 8    requirement  for  licensure.  Failure  to  maintain insurance
 9    shall  result  in  cancellation  of  the   license   by   the
10    Department.
11        Alternatively, a person is qualified to receive a license
12    as   a   private   alarm   contractor   without  meeting  the
13    requirements of items (7), (8), and (9) of  this  subsection,
14    if he or she:
15             (i)  applies  for a license between December 9, 2003
16        and December 12, 2003 September 2, 2002 and September  5,
17        2002, in writing, on forms supplied by the Department;
18             (ii)  provides  proof  to  the Department that he or
19        she was engaged in the alarm contracting business  on  or
20        before July 1, 1975;
21             (iii)  submits  the photographs, fingerprints, proof
22        of insurance, and current license  fee  required  by  the
23        Department;
24             (iv)  has not violated Section 25 of this Act; and
25             (v)  has held a Permanent Employee Registration Card
26        for a minimum of 12 months.
27        (d)  Locksmith.   A  person  is  qualified  to  receive a
28    license as a  locksmith  if  he  or  she  meets  all  of  the
29    following requirements:
30             (1)  Is at least 18 years of age.
31             (2)  Has  not violated any provisions of Section 120
32        of this Act.
33             (3)  Has not been convicted in any  jurisdiction  of
34        any  felony  or  at  least 10 years have expired from the
 
                            -7-      LRB093 08651 LRD 08880 b
 1        time of discharge from any sentence imposed for a felony.
 2             (4)  Is  of  good  moral  character.    Good   moral
 3        character  is  a  continuing  requirement  of  licensure.
 4        Convictions  of  crimes  not  listed  in paragraph (3) of
 5        subsection (d) of this Section may be used in determining
 6        moral character, but do not operate as an absolute bar to
 7        licensure.
 8             (5)  Has not been declared by any court of competent
 9        jurisdiction to be incompetent by  reason  of  mental  or
10        physical  defect  or  disease  unless  a  court has since
11        declared him or her to be competent.
12             (6)  Is not suffering from habitual  drunkenness  or
13        from narcotic addiction or dependence.
14             (7)  Has  not  been dishonorably discharged from the
15        armed services of the United States.
16             (8)  Has passed an  examination  authorized  by  the
17        Department in the theory and practice of the profession.
18             (9)  Has   submitted  to  the  Department  proof  of
19        insurance  sufficient  for  the   individual's   business
20        circumstances.   The  Department,  with  input  from  the
21        Board,   shall   promulgate   rules   specifying  minimum
22        insurance requirements.  This insurance requirement is  a
23        continuing   requirement   for   licensure.   Failure  to
24        maintain insurance shall result in  the  cancellation  of
25        the license by the Department.  A locksmith employed by a
26        licensed  locksmith  agency  or  employed  by  a  private
27        concern  may  provide  proof that his or her actions as a
28        locksmith are covered by the  insurance  of  his  or  her
29        employer.
30        (e)  Private  detective  agency.   Upon  payment  of  the
31    required  fee  and  proof  that the applicant has a full-time
32    Illinois licensed private detective in  charge,  which  is  a
33    continuing   requirement   for   agency   certification,  the
34    Department shall issue, without examination, a certificate as
 
                            -8-      LRB093 08651 LRD 08880 b
 1    a private detective agency to any of the following:
 2             (1)  An individual who  submits  an  application  in
 3        writing  and  who  is  a licensed private detective under
 4        this Act.
 5             (2)  A  firm  or   association   that   submits   an
 6        application in writing and all of the members of the firm
 7        or association are licensed private detectives under this
 8        Act.
 9             (3)  A  duly  incorporated or registered corporation
10        allowed to do business in Illinois that is authorized  by
11        its  articles  of incorporation to engage in the business
12        of conducting a detective agency, provided at  least  one
13        officer  or  executive  employee is licensed as a private
14        detective under this Act and all unlicensed officers  and
15        directors  of  the  corporation  are  determined  by  the
16        Department to be persons of good moral character.
17          No  private  detective  may be the private detective in
18    charge for more than one agency.  Upon written request  by  a
19    representative  of an agency within 10 days after the loss of
20    a licensee in charge of an agency because  of  the  death  of
21    that individual or because of an unanticipated termination of
22    the employment of that individual, the Department shall issue
23    a  temporary  permit  allowing  the continuing operation of a
24    previously licensed agency.  No  temporary  permit  shall  be
25    valid for more than 90 days. An extension of an additional 90
26    days  may  be  granted by the Department for good cause shown
27    upon written request by the representative of the agency.  No
28    more than 2 extensions may  be  granted  to  any  agency.  No
29    temporary  permit  shall  be  issued  for  the  loss  of  the
30    detective  in  charge  because  of disciplinary action by the
31    Department.
32        (f)  Private alarm contractor agency.   Upon  receipt  of
33    the required fee and proof that the applicant has a full-time
34    Illinois  licensed  private alarm contractor in charge, which
 
                            -9-      LRB093 08651 LRD 08880 b
 1    is a continuing requirement  for  agency  certification,  the
 2    Department shall issue, without examination, a certificate as
 3    a private alarm contractor agency to any of the following:
 4             (1)  An  individual  who  submits  an application in
 5        writing and who is a licensed  private  alarm  contractor
 6        under this Act.
 7             (2)  A   firm   or   association   that  submits  an
 8        application in writing that all of  the  members  of  the
 9        firm   or   association   are   licensed   private  alarm
10        contractors under this Act.
11             (3)  A duly incorporated or  registered  corporation
12        allowed  to do business in Illinois that is authorized by
13        its articles of incorporation to engage in  the  business
14        of conducting a private alarm contractor agency, provided
15        at least one officer or executive employee is licensed as
16        a  private  alarm  contractor  under  this  Act  and  all
17        unlicensed  officers and directors of the corporation are
18        determined by the Department to be persons of good  moral
19        character.
20          No  private  alarm  contractor may be the private alarm
21    contractor in charge for more than one agency.  Upon  written
22    request by a representative of an agency within 10 days after
23    the  loss of a licensed private alarm contractor in charge of
24    an agency because of the death of that individual or  because
25    of  the  unanticipated  termination of the employment of that
26    individual, the Department shall  issue  a  temporary  permit
27    allowing  the  continuing  operation of a previously licensed
28    agency.  No temporary permit shall be valid for more than  90
29    days.   An  extension of an additional 90 days may be granted
30    by the Department for  good  cause  shown  and  upon  written
31    request  by the representative of the agency.  No more than 2
32    extensions may be granted to any agency.  No temporary permit
33    shall be issued for  the  loss  of  the  licensee  in  charge
34    because of disciplinary action by the Department.
 
                            -10-     LRB093 08651 LRD 08880 b
 1        (g)  Private security contractor agency.  Upon receipt of
 2    the required fee and proof that the applicant has a full-time
 3    Illinois  licensed  private  security  contractor  in charge,
 4    which is continuing requirement for agency certification, the
 5    Department shall issue, without examination, a certificate as
 6    a private security contractor agency to any of the following:
 7             (1)  An individual who  submits  an  application  in
 8        writing and who is a licensed private security contractor
 9        under this Act.
10             (2)  A   firm   or   association   that  submits  an
11        application in  writing  that  all  of  the  members  are
12        licensed private security contractors under this Act.
13             (3)  A  duly  incorporated or registered corporation
14        allowed to do business in Illinois that is authorized  by
15        its  articles  of incorporation to engage in the business
16        of  conducting  a  private  security  contractor  agency,
17        provided at least one officer or  executive  employee  is
18        licensed  as a private security contractor under this Act
19        and  all  unlicensed  officers  and  directors   of   the
20        corporation  are  determined  by  the  Department  to  be
21        persons of good moral character.
22          No  private  security  contractor  may  be  the private
23    security contractor in charge for more than one agency.  Upon
24    written request by a representative of the agency  within  10
25    days  after  the  loss  of  a licensee in charge of an agency
26    because of the death of that individual  or  because  of  the
27    unanticipated   termination   of   the   employment  of  that
28    individual, the Department shall  issue  a  temporary  permit
29    allowing  the  continuing  operation of a previously licensed
30    agency.  No temporary permit shall be valid for more than  90
31    days.   An  extension of an additional 90 days may be granted
32    upon written request by the representative of the agency.  No
33    more  than  2  extensions  may  be granted to any agency.  No
34    temporary permit shall be issued for the loss of the licensee
 
                            -11-     LRB093 08651 LRD 08880 b
 1    in charge because of disciplinary action by the Department.
 2        (h)  Licensed locksmith  agency.   Upon  receipt  of  the
 3    required  fee  and  proof  that  the applicant is an Illinois
 4    licensed locksmith who shall assume full  responsibility  for
 5    the  operation  of the agency and the directed actions of the
 6    agency's employees, which is  a  continuing  requirement  for
 7    agency   licensure,   the  Department  shall  issue,  without
 8    examination, a certificate as a Locksmith Agency  to  any  of
 9    the following:
10             (1)  An  individual  who  submits  an application in
11        writing and who is a licensed locksmith under this Act.
12             (2)  A  firm  or   association   that   submits   an
13        application  in  writing  and  certifies  that all of the
14        members  of  the  firm  or   association   are   licensed
15        locksmiths under this Act.
16             (3)  A  duly  incorporated or registered corporation
17        or limited liability company allowed to  do  business  in
18        Illinois   that   is   authorized   by  its  articles  of
19        incorporation or organization to engage in  the  business
20        of  conducting a locksmith agency, provided that at least
21        one officer or executive employee of a corporation or one
22        member of a limited liability company is  licensed  as  a
23        locksmith under this Act, and provided that person agrees
24        in  writing  on  a  form  acceptable to the Department to
25        assume full  responsibility  for  the  operation  of  the
26        agency   and   the   directed  actions  of  the  agency's
27        employees,  and  further  provided  that  all  unlicensed
28        officers and directors of the corporation or  members  of
29        the  limited  liability  company  are  determined  by the
30        Department to be persons of good moral character.
31          An individual  licensed  locksmith  operating  under  a
32    business  name  other  than the licensed locksmith's own name
33    shall not be required to obtain a locksmith agency license if
34    that licensed locksmith does not employ any persons to engage
 
                            -12-     LRB093 08651 LRD 08880 b
 1    in the practice of locksmithing.
 2        An applicant for licensure as a  locksmith  agency  shall
 3    submit  to  the  Department proof of insurance sufficient for
 4    the agency's business circumstances.   The  Department  shall
 5    promulgate  rules  specifying minimum insurance requirements.
 6    This insurance requirement is a  continuing  requirement  for
 7    licensure.
 8        No  licensed  locksmith  may  be  the  licensed locksmith
 9    responsible for the operation of more than one agency  except
10    for  any individual who submits proof to the Department that,
11    on the effective date of this amendatory Act of 1995,  he  or
12    she  is  actively responsible for the operations of more than
13    one agency.  A  licensed  private  alarm  contractor  who  is
14    responsible  for  the  operation  of a licensed private alarm
15    contractor agency and who is a licensed locksmith may also be
16    the licensed locksmith responsible for  the  operation  of  a
17    locksmith agency.
18        Upon  written  request  by  a representative of an agency
19    within 10 days after  the  loss  of  a  responsible  licensed
20    locksmith  of  an  agency,  because  of  the  death  of  that
21    individual or because of the unanticipated termination of the
22    employment  of  that individual, the Department shall issue a
23    temporary permit  allowing  the  continuing  operation  of  a
24    previously  licensed  locksmith  agency.  No temporary permit
25    shall be valid for more than 90 days.  An  extension  for  an
26    additional  90 days may be granted by the Department for good
27    cause shown and upon written request by a  representative  of
28    the  agency.  No more than 2 extensions may be granted to any
29    agency.  No temporary permit shall be issued  to  any  agency
30    due  to  the  loss  of  the  responsible locksmith because of
31    disciplinary action by the Department.
32        (i)  Proprietary  Security  Force.   All  commercial   or
33    industrial  operations that employ 5 or more persons as armed
34    security guards and all financial  institutions  that  employ
 
                            -13-     LRB093 08651 LRD 08880 b
 1    armed  security  guards  shall register their security forces
 2    with the Department on forms provided by the Department.
 3        All armed security  guard  employees  of  the  registered
 4    proprietary  security  force  shall be required to complete a
 5    20-hour basic training course and  20-hour  firearm  training
 6    course in accordance with administrative rules.
 7        Each  proprietary  security  force  shall  be required to
 8    apply to the Department, on forms supplied by the Department,
 9    for  the  issuance  of  a  firearm  authorization  card,   in
10    accordance with administrative rules, for each armed employee
11    of the security force.
12        The    Department   shall   prescribe   rules   for   the
13    administration of this Section.
14        (j)  Any licensed agency that operates a branch office as
15    defined in this Act shall apply for a branch office license.
16    (Source: P.A. 91-357, eff.  7-29-99;  91-815,  eff.  6-13-00;
17    92-833, eff. 8-22-02.)

18        (225 ILCS 446/77)
19        (Section scheduled to be repealed on December 31, 2003)
20        Sec.  77.  Necessity for licensure of locksmith agencies;
21    grandfather provision.
22        (a)  On  or  after  January  1,  1997,  no  person  shall
23    practice as a locksmith and no business entity shall  operate
24    as   a  locksmith  agency  without  first  applying  for  and
25    obtaining a license for that purpose from the Department.
26        (b)  Applications must be  accompanied  by  the  required
27    fee.
28        (c)  In lieu of the examination given to other applicants
29    for  licensure,  the  Director  may  issue  a  license  to an
30    individual who presents proof to the Director that he or  she
31    was  actively  engaged  as  a  locksmith  or as a supervisor,
32    manager, or administrator of a locksmith business for 3 years
33    out of the 5 years immediately preceding January 1, 1996  and
 
                            -14-     LRB093 08651 LRD 08880 b
 1    meets all other requirements of this Act.
 2        (d)  The  application  for  a license without examination
 3    shall be made to  the  Director  within  2  years  after  the
 4    effective date of this amendatory Act of 1995.
 5        (e)  A  person  who  applies  for  licensure  under  this
 6    Section  between  December  9,  2003  and  December  12, 2003
 7    September 1, 2000 and December 31, 2000 shall be exempt  from
 8    subsection  (d) of this Section and shall be issued a license
 9    upon proof of meeting all other  requirements  for  licensure
10    under this Section.
11    (Source: P.A. 90-602, eff. 6-26-98; 91-815, eff. 6-13-00.)

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.