HB4029 93RD GENERAL ASSEMBLY

LRB093 15242 AMC 40840 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4029

Introduced 1/14/2004, by Angelo Saviano

SYNOPSIS AS INTRODUCED:

225 ILCS 447/20-10
225 ILCS 447/35-35

Amends the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Deletes language allowing persons to receive a license as a private alarm contractor without meeting all of the regular requirements for licensure under specified circumstances. Provides that, when a licensed agency acquires a new account that requires security guards working in an armed capacity with the appropriate firearm authorization card and permanent employee registration card, the acquiring agency may employ the guards of the displaced agency in an armed capacity for a specified period pending receipt of the firearm authorization card on behalf of the acquiring agency as the employing agency if specified conditions are met. Effective immediately.

A BILL FOR

AN ACT concerning professional regulation.

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

Section 5. The Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 is amended by changing Sections 20-10 and 35-35 as follows:

(225 ILCS 447/20-10)

(Section scheduled to be repealed on January 1, 2014)

Sec. 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) (Blank). 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.

(Source: P.A. 93-438, eff. 8-5-03.)

(225 ILCS 447/35-35)

(Section scheduled to be repealed on January 1, 2014)

Sec. 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.

(h) Notwithstanding any other provision of law, when a licensed agency acquires a new account that requires security guards working in an armed capacity with the appropriate firearm authorization card and permanent employee registration card, the acquiring agency may employ the guards of the displaced agency in an armed capacity for a period not to exceed 60 consecutive days pending receipt of the firearm authorization card on behalf of the acquiring agency as the employing agency if all of the following conditions are met:

(1) The acquiring agency has promptly notified the Department of the name, address, permanent employee registration card number, firearm authorization card, firearm owners identification card, and the start date of employment of each guard assigned to the account.

(2) The acquiring agency may not assign the acquired guard to armed work other than the acquired account.

(3) The acquiring agency has a copy of the original firearm authorization card, on which the acquiring agency has noted the guard's start date, placed in the guard's personnel file.

(4) The guard has a copy of the original firearm authorization card in his or her possession at all times. The copy must contain the acquiring agency's name, address, and license number and the signature of the licensee-in-charge.

(5) A list of all guards employed in this capacity must be provided to the Department each month.

The Department may refuse to authorize any guard to carry a firearm under this Section and must promptly so notify the acquiring agency in the event of such refusal.

(Source: P.A. 93-438, eff. 8-5-03.)

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