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1 | AN ACT concerning professional regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Private Detective, Private Alarm, Private | |||||||||||||||||||||
5 | Security, and
Locksmith Act of 2004 is amended by changing | |||||||||||||||||||||
6 | Sections 20-10 and 35-35 as follows:
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7 | (225 ILCS 447/20-10)
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8 | (Section scheduled to be repealed on January 1, 2014)
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9 | Sec. 20-10. Qualifications for licensure as a private
alarm | |||||||||||||||||||||
10 | contractor.
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11 | (a) A person is qualified for licensure as a private
alarm | |||||||||||||||||||||
12 | contractor if he or she meets all of the following
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13 | requirements:
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14 | (1) Is at least 21 years of age.
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15 | (2) Has not been convicted of any felony in any
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16 | jurisdiction or at least 10 years have elapsed since the | |||||||||||||||||||||
17 | time
of full discharge from a sentence imposed for a felony
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18 | conviction.
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19 | (3) Is of good moral character. Good moral
character is | |||||||||||||||||||||
20 | a continuing requirement of licensure.
Conviction of | |||||||||||||||||||||
21 | crimes other than felonies may be used in
determining moral | |||||||||||||||||||||
22 | character, but shall not constitute an
absolute bar to | |||||||||||||||||||||
23 | licensure.
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24 | (4) Has not been declared by any court of competent
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25 | jurisdiction to be incompetent by reason of mental or | |||||||||||||||||||||
26 | physical
defect or disease, unless a court has subsequently | |||||||||||||||||||||
27 | declared
him or her to be competent.
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28 | (5) Is not suffering from dependence on alcohol or
from | |||||||||||||||||||||
29 | narcotic addiction or dependence.
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30 | (6) Has a minimum of 3 years experience of the 5
years | |||||||||||||||||||||
31 | immediately preceding application working as a full-time
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32 | manager for a licensed private alarm contractor agency or |
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1 | for
an entity that designs, sells, installs, services, or | ||||||
2 | monitors
alarm systems that, in the judgment of the Board, | ||||||
3 | satisfies
the standards of alarm industry competence. An | ||||||
4 | applicant who
has received a 4-year degree or higher in | ||||||
5 | electrical
engineering or a related field from a program | ||||||
6 | approved by the
Board shall be given credit for 2 years of | ||||||
7 | the required
experience. An applicant who has successfully | ||||||
8 | completed a
national certification program approved by the | ||||||
9 | Board shall be
given credit for one year of the required | ||||||
10 | experience.
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11 | (7) Has not been dishonorably discharged from the
armed | ||||||
12 | forces of the United States.
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13 | (8) Has passed an examination authorized by the
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14 | Department.
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15 | (9) Submits his or her fingerprints, proof of
having | ||||||
16 | general liability insurance required under subsection
(c), | ||||||
17 | and the required license fee.
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18 | (10) Has not violated Section 10-5 of this Act.
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19 | (b) (Blank).
A person is qualified to receive a license as | ||||||
20 | a private alarm contractor
without meeting the requirement of | ||||||
21 | item (8) of subsection (a) if he or she:
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22 | (1) applies for a license between September 2, 2003 and | ||||||
23 | September 5, 2003
in writing on forms supplied by the
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24 | Department;
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25 | (2) provides proof of ownership of a licensed alarm | ||||||
26 | contractor agency;
and
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27 | (3) provides proof of at least 7 years of experience in | ||||||
28 | the installation,
design, sales, repair, maintenance, | ||||||
29 | alteration, or service of alarm systems or
any other low | ||||||
30 | voltage electronic systems.
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31 | (c) It is the responsibility of the applicant to obtain
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32 | general liability insurance in an amount and coverage
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33 | appropriate for the applicant's circumstances as determined by
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34 | rule. The applicant shall provide evidence of insurance to
the | ||||||
35 | Department before being issued a license. Failure to
maintain | ||||||
36 | general liability insurance and to provide the
Department with |
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1 | written proof of the insurance shall result in
cancellation of | ||||||
2 | the license.
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3 | (Source: P.A. 93-438, eff. 8-5-03.)
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4 | (225 ILCS 447/35-35)
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5 | (Section scheduled to be repealed on January 1, 2014)
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6 | Sec. 35-35. Requirement of a firearm authorization card.
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7 | (a) No person shall perform duties that include the use,
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8 | carrying, or possession of a firearm in the performance of
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9 | those duties without complying with the provisions of this
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10 | Section and having been issued a valid firearm authorization
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11 | card by the Department.
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12 | (b) No employer shall employ any person to perform the
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13 | duties for which employee registration is required and allow
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14 | that person to carry a firearm unless that person has complied
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15 | with all the firearm training requirements of this Section and
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16 | has been issued a firearm authorization card. This Act
permits | ||||||
17 | only the following to carry firearms while actually
engaged in | ||||||
18 | the performance of their duties or while commuting
directly to | ||||||
19 | or from their places of employment: persons
licensed as private | ||||||
20 | detectives and their registered employees;
persons licensed as | ||||||
21 | private security contractors and their
registered employees; | ||||||
22 | persons licensed as private alarm
contractors and their | ||||||
23 | registered employees; and employees of a
registered armed | ||||||
24 | proprietary security force.
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25 | (c) Possession of a valid firearm authorization card
allows | ||||||
26 | an employee to carry a firearm not otherwise prohibited
by law | ||||||
27 | while the employee is engaged in the performance of his
or her | ||||||
28 | duties or while the employee is commuting directly to
or from | ||||||
29 | the employee's place or places of employment, provided
that | ||||||
30 | this is accomplished within one hour from departure from
home | ||||||
31 | or place of employment.
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32 | (d) The Department shall issue a firearm authorization
card | ||||||
33 | to a person who has passed an approved firearm training
course, | ||||||
34 | who is currently employed by an agency licensed by
this Act and | ||||||
35 | has met all the requirements of this Act, and who
possesses a |
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1 | valid firearm owner identification card.
Application for the | ||||||
2 | firearm authorization card shall be made
by the employer to the | ||||||
3 | Department on forms provided by the
Department. The Department | ||||||
4 | shall forward the card to the
employer who shall be responsible | ||||||
5 | for its issuance to the
employee. The firearm authorization | ||||||
6 | card shall be issued by
the Department and shall identify the | ||||||
7 | person holding it and
the name of the course where the employee | ||||||
8 | received firearm
instruction and shall specify the type of | ||||||
9 | weapon or weapons
the person is authorized by the Department to | ||||||
10 | carry and for
which the person has been trained.
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11 | (e) Expiration and requirements for renewal of firearm
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12 | authorization cards shall be determined by rule.
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13 | (f) The Department may, in addition to any other
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14 | disciplinary action permitted by this Act, refuse to issue,
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15 | suspend, or revoke a firearm authorization card if the
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16 | applicant or holder has been convicted of any felony or crime
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17 | involving the illegal use, carrying, or possession of a deadly
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18 | weapon or for a violation of this Act or rules promulgated
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19 | under this Act. The Department shall refuse to issue or shall
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20 | revoke a firearm authorization card if the applicant or holder
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21 | fails to possess a valid firearm owners identification card.
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22 | The Director shall summarily suspend a firearm authorization
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23 | card if the Director finds that its continued use would
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24 | constitute an imminent danger to the public. A hearing shall
be | ||||||
25 | held before the Board within 30 days if the Director
summarily | ||||||
26 | suspends a firearm authorization card.
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27 | (g) Notwithstanding any other provision of this Act to the
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28 | contrary, all requirements relating to firearms authorization
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29 | cards do not apply to a peace officer.
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30 | (h) Notwithstanding any other provision of law, when a | ||||||
31 | licensed agency acquires a new account that requires security | ||||||
32 | guards working in an armed capacity with the appropriate | ||||||
33 | firearm authorization card and permanent employee registration | ||||||
34 | card, the acquiring agency may employ the guards of the | ||||||
35 | displaced agency in an armed capacity for a period not to | ||||||
36 | exceed 60 consecutive days pending receipt of the firearm |
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1 | authorization card on behalf of the acquiring agency as the | ||||||
2 | employing agency if all of the following conditions are met:
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3 | (1) The acquiring agency has promptly notified the | ||||||
4 | Department of the name, address, permanent employee | ||||||
5 | registration card number, firearm authorization card, | ||||||
6 | firearm owners identification card, and the start date of | ||||||
7 | employment of each guard assigned to the account.
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8 | (2) The acquiring agency may not assign the acquired | ||||||
9 | guard to armed work other than the acquired account.
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10 | (3) The acquiring agency has a copy of the original | ||||||
11 | firearm authorization card, on which the acquiring agency | ||||||
12 | has noted the guard's start date, placed in the guard's | ||||||
13 | personnel file.
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14 | (4) The guard has a copy of the original firearm | ||||||
15 | authorization card in his or her possession at all times. | ||||||
16 | The copy must contain the acquiring agency's name, address, | ||||||
17 | and license number and the signature of the | ||||||
18 | licensee-in-charge.
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19 | (5) A list of all guards employed in this capacity must | ||||||
20 | be provided to the Department each month.
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21 | The Department may refuse to authorize any guard to carry a | ||||||
22 | firearm under this Section and must promptly so notify the | ||||||
23 | acquiring agency in the event of such refusal.
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24 | (Source: P.A. 93-438, eff. 8-5-03.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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