093_SB0487eng

SB487 Engrossed                      LRB093 05120 AMC 05180 b

 1        AN ACT in relation to the regulation of professions.

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

 4                     ARTICLE 5. GENERAL PROVISIONS.

 5        Section 5-5.  Short title;  Act  supersedes  the  Private
 6    Detective, Private Alarm, Private Security, and Locksmith Act
 7    of  1993.  This  Act  may  be cited as the Private Detective,
 8    Private Alarm, Private Security, and Locksmith  Act  of  2004
 9    and  it  supersedes  the  Private  Detective,  Private Alarm,
10    Private Security, and Locksmith Act of 1993 repealed by  this
11    Act.

12        Section 5-10.  Definitions. As used in this Act:
13        "Advertisement"   means  any  printed  material  that  is
14    published in a phone  book,  newspaper,  magazine,  pamphlet,
15    newsletter,  or  other  similar  type  of publication that is
16    intended to either attract business or merely provide contact
17    information  to  the  public  for  an  agency  or   licensee.
18    Advertisement  shall  include any material published over the
19    Internet or other electronic formats, but shall not include a
20    licensee's or an  agency's  letterhead,  business  cards,  or
21    other  stationery  used in routine business correspondence or
22    customary name,  address,  and  number  type  listings  in  a
23    telephone directory.
24        "Alarm  system" means any system, including an electronic
25    access  control  system,  a  surveillance  video  system,   a
26    security  video  system, a burglar alarm system, a fire alarm
27    system, or any other electronic  system,  that  activates  an
28    audible, visible, remote, or recorded signal that is designed
29    for  the  protection or detection of intrusion, entry, theft,
30    fire, vandalism, escape, or trespass.
 
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 1        "Armed employee" means a licensee  or  registered  person
 2    who  is  employed  by  an  agency licensed under this Act who
 3    carries a weapon while engaged in the performance of official
 4    duties within the course and scope of his or  her  employment
 5    during  the hours and times the employee is scheduled to work
 6    or  is  commuting  between  his  or  her  home  or  place  of
 7    employment, provided that commuting  is  accomplished  within
 8    one hour from departure from home or place of employment.
 9        "Armed proprietary security force" means a security force
10    made up of 5 or more armed individuals employed by a private,
11    commercial,  or  industrial  operation  or  one or more armed
12    individuals employed by a financial institution  as  security
13    officers for the protection of persons or property.
14        "Board"  means  the  Private  Detective,  Private  Alarm,
15    Private Security, and Locksmith Board.
16        "Branch  office"  means  a business location where active
17    employee records that are required  to  be  maintained  under
18    this  Act  are  kept,  where  prospective  new  employees are
19    processed, or where members of the public are invited  in  to
20    transact business. A branch office does not include an office
21    or  other  facility  located  on  the property of an existing
22    client that is utilized solely for the benefit of that client
23    and is not owned or leased by the agency.
24        "Corporation" means an artificial person or legal  entity
25    created by or under the authority of the laws of a state.
26        "Department"   means   the   Department  of  Professional
27    Regulation.
28        "Director" means the Director of Professional Regulation.
29        "Employee" means a person  who  works  for  a  person  or
30    agency  that has the right to control the details of the work
31    performed and is not dependent upon whether or not federal or
32    state payroll taxes are withheld.
33        "Fire alarm system" means any system that is activated by
34    an automatic or manual device  in  the  detection  of  smoke,
 
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 1    heat,  or  fire that activates an audible, visible, or remote
 2    signal requiring a response.
 3        "Firearm authorization card" means a card issued  by  the
 4    Department  that  authorizes  the  holder  to  carry a weapon
 5    during the performance of his or her duties as  specified  in
 6    this Act.
 7        "Firm" means an unincorporated business entity, including
 8    but not limited to proprietorships and partnerships.
 9        "Locksmith"  means  a person who engages in a business or
10    holds himself out to the public as providing a  service  that
11    includes,  but  is not limited to, the servicing, installing,
12    originating first keys,  re-coding,  repairing,  maintaining,
13    manipulating,  or  bypassing  of  a  mechanical or electronic
14    locking device, access control or video  surveillance  system
15    at  premises, vehicles, safes, vaults, safe deposit boxes, or
16    automatic teller machines.
17        "Locksmith agency" means a person, corporation, or  other
18    entity that engages in the locksmith business and employs, in
19    addition  to  the  locksmith licensee-in-charge, at least one
20    other person in conducting such business.
21        "Locksmith licensee-in-charge" means  a  person  who  has
22    been   designated   by   a   person,  association,  firm,  or
23    corporation to be the licensee-in-charge of an agency, who is
24    a full-time executive employee  or  owner  who  assumes  sole
25    responsibility  for all employees of the agency and for their
26    actions, who assumes sole responsibility for maintaining  all
27    records   required   by   this  Act,  and  who  assumes  sole
28    responsibility for assuring the licensed agency's  compliance
29    with its responsibilities as stated in this Act.
30        "Peace  officer"  or "police officer" means a person who,
31    by virtue of office or public employment, is  vested  by  law
32    with  a  duty to maintain public order or to make arrests for
33    offenses, whether that duty extends to  all  offenses  or  is
34    limited  to specific offenses. Officers, agents, or employees
 
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 1    of the federal government commissioned by federal statute  to
 2    make  arrests  for  violations of federal laws are considered
 3    peace officers.
 4        "Permanent  employee  registration  card"  means  a  card
 5    issued by the Department to an individual who has applied  to
 6    the Department and meets the requirements for employment by a
 7    licensed agency under this Act.
 8        "Person" means a natural person.
 9        "Private  alarm contractor" means a person who engages in
10    a business that individually or  through  others  undertakes,
11    offers  to  undertake,  purports  to  have  the  capacity  to
12    undertake,  or  submits  a  bid  to  sell,  install, monitor,
13    maintain, alter, repair, replace, or service alarm and  other
14    security-related  systems  or  parts  thereof, including fire
15    alarm systems,  at  protected  premises  or  premises  to  be
16    protected  or  responds  to  alarm  systems  at  a  protected
17    premises  on  an  emergency  basis  and  not  as  a full-time
18    security  officer.   "Private  alarm  contractor"  does   not
19    include  a  person, firm, or corporation that manufactures or
20    sells alarm systems only from its place of business and  does
21    not sell, install, monitor, maintain, alter, repair, replace,
22    service, or respond to alarm systems at protected premises or
23    premises to be protected.
24        "Private   alarm   contractor  agency"  means  a  person,
25    corporation, or other entity  that  engages  in  the  private
26    alarm  contracting  business  and employs, in addition to the
27    private alarm contractor-in-charge, at least one other person
28    in conducting such business.
29        "Private alarm  contractor  licensee-in-charge"  means  a
30    person  who  has  been  designated  by a person, association,
31    firm, or corporation  to  be  the  licensee-in-charge  of  an
32    agency,  who  is  a full-time executive employee or owner who
33    assumes sole responsibility for all employees of  the  agency
34    and  for  their  actions, who assumes sole responsibility for
 
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 1    maintaining all records required by this Act, and who assumes
 2    sole  responsibility  for  assuring  the  licensed   agency's
 3    compliance  with  its responsibilities as stated in this Act.
 4    If  the  licensee-in-charge  is  a  person  other  than   the
 5    controlling interest owner, the full-time in-charge executive
 6    employee  shall  work  at  least  30  hours  per week for the
 7    agency.
 8        "Private detective" means any person who  by  any  means,
 9    including  but  not  limited to manual or electronic methods,
10    engages in the business of, accepts employment to furnish, or
11    agrees to make or makes investigations for  a  fee  or  other
12    consideration  to obtain information, from any source, public
13    or private, relating to:
14             (1)  Crimes or wrongs done or threatened against the
15        United States, any  state  or  territory  of  the  United
16        States, or any local government of a state or territory.
17             (2)  The   identity,   habits,   conduct,   business
18        occupation,  honesty,  integrity, credibility, knowledge,
19        trustworthiness,    efficiency,    loyalty,     activity,
20        movements,   whereabouts,   affiliations,   associations,
21        transactions,  acts,  reputation,  or  character  of  any
22        person,  firm,  or  other  entity by any means, manual or
23        electronic.
24             (3)  The location, disposition, or recovery of  lost
25        or stolen property.
26             (4)  The cause, origin, or responsibility for fires,
27        accidents, or injuries to individuals or real or personal
28        property.
29             (5)  The  truth  or  falsity  of  any  statement  or
30        representation.
31             (6)  Securing  evidence to be used before any court,
32        board, or investigating body.
33             (7)  The protection of individuals from bodily  harm
34        or death (bodyguard functions).
 
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 1             (8)  Service   of  process  in  criminal  and  civil
 2        proceedings without court order.
 3        "Private detective agency" means a person, firm, or other
 4    entity that engages in the  private  detective  business  and
 5    employs,  in  addition to the licensee-in-charge, one or more
 6    persons in conducting such business.
 7        "Private detective licensee-in-charge" means a person who
 8    has been  designated  by  a  person,  association,  firm,  or
 9    corporation to be the licensee-in-charge of an agency, who is
10    a  full-time  executive  employee  or  owner who assumes sole
11    responsibility for all employees of the agency and for  their
12    actions,  who assumes sole responsibility for maintaining all
13    records  required  by  this  Act,  and   who   assumes   sole
14    responsibility  for assuring the licensed agency's compliance
15    with its responsibilities as stated in this Act.
16        "Private security contractor" means a person who  engages
17    in  the  business  of  providing  a private security officer,
18    watchman, patrol, or a similar service by any other title  or
19    name  on  a  contractual  basis  for  another  person,  firm,
20    corporation, or other entity for a fee or other consideration
21    and performing one or more of the following functions:
22             (1)  The   prevention  or  detection  of  intrusion,
23        entry, theft, vandalism,  abuse,  fire,  or  trespass  on
24        private or governmental property.
25             (2)  The  prevention,  observation,  or detection of
26        any unauthorized  activity  on  private  or  governmental
27        property.
28             (3)  The  protection  of persons authorized to be on
29        the premises of the person, firm,  or  other  entity  for
30        which  the  security  contractor  contractually  provides
31        security services.
32             (4)  The   prevention  of  the  misappropriation  or
33        concealment  of  goods,  money,  bonds,  stocks,   notes,
34        documents, or papers.
 
SB487 Engrossed             -7-      LRB093 05120 AMC 05180 b
 1             (5)  The  control,  regulation,  or direction of the
 2        movement of the public for the time specifically required
 3        for the protection of property owned or controlled by the
 4        client.
 5             (6)  The protection of individuals from bodily  harm
 6        or death (bodyguard functions).
 7        "Private  security  contractor  agency" means a person or
 8    other entity that engages in the private security  contractor
 9    business    and    that   employs,   in   addition   to   the
10    licensee-in-charge, one or more persons  in  conducting  such
11    business.
12        "Private  security contractor licensee-in-charge" means a
13    person who has been  designated  by  a  person,  association,
14    firm,  or  corporation  to  be  the  licensee-in-charge of an
15    agency, who is a full-time executive employee  or  owner  who
16    assumes  sole  responsibility for all employees of the agency
17    and for their actions, who assumes  sole  responsibility  for
18    maintaining all records required by this Act, and who assumes
19    sole   responsibility  for  assuring  the  licensed  agency's
20    compliance with its responsibilities as stated in this Act.
21        "Public member" means a person who is not a  licensee  or
22    related  to a licensee, or who is not an employer or employee
23    of a licensee. The term "related to" shall be  determined  by
24    the rules of the Department.

25        Section  5-15.  Legislative  intent.  The  intent  of the
26    General Assembly in enacting  this  statute  is  to  regulate
27    persons  and  businesses  licensed  under  this  Act  for the
28    protection of the public. These  practices  are  declared  to
29    affect the public health, safety, and welfare and are subject
30    to   State  regulation  and  licensure.  This  Act  shall  be
31    construed to carry out these purposes.

32              ARTICLE 10. GENERAL LICENSING PROVISIONS.
 
SB487 Engrossed             -8-      LRB093 05120 AMC 05180 b
 1        Section 10-5.  Requirement of license.
 2        (a)  It is unlawful for a person to act as or provide the
 3    functions  of   a   private   detective,   private   security
 4    contractor,  private  alarm  contractor,  or  locksmith or to
 5    advertise or to assume to act as any one of these, or to  use
 6    these or any title implying that the person is engaged in any
 7    of   these   activities   unless  licensed  as  such  by  the
 8    Department. An individual or sole  proprietor  who  does  not
 9    employ  any  employees  other  than  himself  or  herself may
10    operate under a "doing  business  as"  certification  without
11    having to obtain an agency license.
12        (b)  It  is  unlawful for a person, firm, or other entity
13    to act as an agency licensed under this Act, to advertise, or
14    to assume to act as a licensed  agency  or  to  use  a  title
15    implying that the person, firm, or other entity is engaged in
16    the  practice as a private detective agency, private security
17    contractor  agency,  private  alarm  contractor  agency,   or
18    locksmith agency unless licensed by the Department.
19        (c)  Any  licensed  agency  that operates a branch office
20    shall apply for a branch office license for each location.

21        Section 10-10.  General exemptions.  This  Act  does  not
22    apply to any of the following:
23             (1)  A person, firm, or corporation engaging in fire
24        protection  engineering,  including  the design, testing,
25        and inspection of fire protection systems.
26             (2)  The practice  of  professional  engineering  as
27        defined  in  the Professional Engineering Practice Act of
28        1989.
29             (3)  The  practice  of  structural  engineering   as
30        defined  in  the  Structural  Engineering Practice Act of
31        1989.
32             (4)  The practice of architecture as defined in  the
33        Illinois Architecture Practice Act of 1989.
 
SB487 Engrossed             -9-      LRB093 05120 AMC 05180 b
 1             (5)  The  activities  of  persons  or firms licensed
 2        under the Illinois Public Accounting Act if performed  in
 3        the course of their professional practice.
 4             (6)  An  attorney  licensed  to practice in Illinois
 5        while engaging in the practice of law.
 6             (7)  A person engaged exclusively and employed by  a
 7        person, firm, association, or corporation in the business
 8        of   transporting   persons  or  property  in  interstate
 9        commerce and  making  an  investigation  related  to  the
10        business of that employer.

11        Section 10-15.  Licensure classifications.
12        (a)  The  types of individual licenses issued pursuant to
13    this Act are:
14             (1)  Private detective.
15             (2)  Private security contractor.
16             (3)  Private alarm contractor.
17             (4)  Locksmith.
18        (b)  The types of business licenses  issued  pursuant  to
19    this Act are:
20             (1)  Private detective agency.
21             (2)  Private security contractor agency.
22             (3)  Private alarm contractor agency.
23             (4)  Locksmith agency.
24             (5)  Agency branch office license.

25        Section 10-20.  Application for license; forms.
26        (a)  Each  license application shall be on forms provided
27    by the Department.
28        (b)  Application for a license  by  endorsement,  without
29    examination,  shall be made in accordance with the provisions
30    of Section 10-40.
31        (c)  Every  application  for  an  original,  renewal,  or
32    restored  license  shall  include  the   applicant's   Social
 
SB487 Engrossed             -10-     LRB093 05120 AMC 05180 b
 1    Security number.

 2        Section 10-25.  Issuance of license; renewal; fees.
 3        (a)  The   Department   shall,   upon   the   applicant's
 4    satisfactory completion of the requirements set forth in this
 5    Act and upon receipt of the fee, issue the license and wallet
 6    card  indicating  the  name  and  business  location  of  the
 7    licensee  and  the  dates  of  issuance  and  expiration  and
 8    containing  a  photograph  of  the  licensee  provided to the
 9    Department that is not more than one year old as of the  date
10    of   application   for  licensure  and  reflects  any  recent
11    appearance changes.
12        (b)  An applicant may, upon  satisfactory  completion  of
13    the  requirements  set  forth in this Act and upon receipt of
14    fees related to the application and  testing  for  licensure,
15    elect  to  defer  the  issuance  of  the  applicant's initial
16    license for a period not longer than 6  years.  An  applicant
17    who  fails  to request issuance of his or her initial license
18    or agency license and to remit the  fees  required  for  that
19    license  within  6  years  shall  be  required to resubmit an
20    application together with all required fees.
21        (c)  The expiration date, renewal period, and  conditions
22    for  renewal  and  restoration  of  each  license,  permanent
23    employee  registration  card,  and firearm authorization card
24    shall be set by rule.  The  holder  may  renew  the  license,
25    permanent    employee    registration    card,   or   firearm
26    authorization  card  during  the  30   days   preceding   its
27    expiration   by  paying  the  required  fee  and  by  meeting
28    conditions that  the  Department  may  specify.  Any  license
29    holder who notifies the Department on forms prescribed by the
30    Department  may  place  his or her license on inactive status
31    for a period of not longer than 6 years and shall, subject to
32    the rules of the  Department,  be  excused  from  payment  of
33    renewal   fees   until   the   license  holder  notifies  the
 
SB487 Engrossed             -11-     LRB093 05120 AMC 05180 b
 1    Department, in writing, of  an  intention  to  resume  active
 2    status.   Practice   while  on  inactive  status  constitutes
 3    unlicensed practice. A non-renewed license  that  has  lapsed
 4    for  less  than  6  years may be restored upon payment of the
 5    restoration fee and all lapsed renewal fees. A  license  that
 6    has  lapsed  for  more than 6 years may be restored by paying
 7    the required restoration fee and all lapsed renewal fees  and
 8    by  providing  evidence  of  competence  to  resume  practice
 9    satisfactory  to  the  Department  and  the  Board, which may
10    include passing a written examination. All  restoration  fees
11    and  lapsed  renewal  fees  shall  be waived for an applicant
12    whose license lapsed while on active duty in the armed forces
13    of the United States if application for restoration  is  made
14    within 12 months after discharge from the service.
15        (d)  The  Department  shall  by rule provide for fees for
16    the administration and enforcement of this Act and such  fees
17    are  nonrefundable.  All  fees  shall  be  deposited into the
18    General Professions Dedicated Fund and be appropriated to the
19    Department for the ordinary and contingent  expenses  of  the
20    Department in the administration and enforcement of this Act.

21        Section  10-30.  Unlawful  acts.  It  is  unlawful  for a
22    licensee or an employee of a licensed agency:
23             (1)  Upon termination of employment by  the  agency,
24        to  fail  to  return  upon  demand  or within 72 hours of
25        termination of  employment  any  firearm  issued  by  the
26        employer    together    with   the   employee's   firearm
27        authorization card.
28             (2)  Upon termination of employment by  the  agency,
29        to  fail  to  return  within  72  hours of termination of
30        employment any uniform, badge,  identification  card,  or
31        equipment  issued,  but  not sold, to the employee by the
32        agency.
33             (3)  To falsify the employee's statement required by
 
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 1        this Act.

 2        Section 10-35.  Examination of applicants; forfeiture  of
 3    fee.
 4        (a)  Applicants   for  licensure  shall  be  examined  as
 5    provided by this Section if they are qualified to be examined
 6    under this Act. All applicants taking the  examination  shall
 7    be  evaluated  using  the  same  standards  as others who are
 8    examined for the respective license.
 9        (b)  Examinations for licensure shall  be  held  at  such
10    time  and place as the Department may determine, but shall be
11    held at least twice a year.
12        (c)  Examinations shall test the amount of knowledge  and
13    skill  needed to perform the duties set forth in this Act and
14    be in the interest of  the  protection  of  the  public.  All
15    applicants,   except  locksmith  applicants,  shall  also  be
16    examined  on  subject  matter  related  to  this   Act,   the
17    Constitutions of the United States and the State of Illinois,
18    Illinois  government,  and  the  Criminal  Code  of 1961. The
19    Department may  contract  with  a  testing  service  for  the
20    preparation and conduct of the examination.
21        (d)  If  an applicant neglects, fails, or refuses to take
22    an examination within one year after filing  an  application,
23    the  fee shall be forfeited. However, an applicant may, after
24    the one-year period, make a new application for  examination,
25    accompanied  by  the  required  fee. If an applicant fails to
26    pass  the  examination  within  3  years  after   filing   an
27    application,  the  application  shall be denied. An applicant
28    may make a new application after the 3-year period.

29        Section 10-40.  Licensure  by  endorsement;  reciprocity.
30    The  Department  shall  promulgate  rules  for  licensure  by
31    endorsement  without  examination  and may license under this
32    Act upon payment of the fee an applicant who is registered or
 
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 1    licensed under the  laws  of  another  state,  territory,  or
 2    country  if the requirements for registration or licensure in
 3    the jurisdiction in  which  the  applicant  was  licensed  or
 4    registered  were,  at  the date of his or her registration or
 5    licensure, substantially equal to the  requirements  then  in
 6    force  in  Illinois  and  that  state  or country has similar
 7    requirements for licensure or  registration  by  endorsement.
 8    Applicants  have  3  years  from  the  date of application to
 9    complete the application process. If the process has not been
10    completed in 3 years, the application shall  be  denied,  the
11    fee  forfeited,  and the applicant must re-apply and meet the
12    requirements in effect at the time of reapplication.

13        Section 10-45.  Emergency care without a fee.  A  license
14    holder,  agency, or registered employee of a private security
15    contractor, as defined in Section 5-10 of this  Act,  who  in
16    good  faith provides emergency care without fee to any person
17    or takes actions in good faith that directly  relate  to  the
18    employee's   job   responsibilities  to  protect  people  and
19    property,  as  defined  by  the  areas  in  which  registered
20    security officers receive training under Sections  20-20  and
21    25-20 shall not, as a result of his or her acts or omissions,
22    except  willful and wanton misconduct, in providing the care,
23    be liable to a person to whom such care is provided for civil
24    damages.

25                   ARTICLE 15. PRIVATE DETECTIVES.

26        Section   15-5.  Exemptions;   private   detective.   The
27    provisions of this Act relating to the licensure  of  private
28    detectives do not apply to any of the following:
29             (1)  An  employee of the United States, Illinois, or
30        a political subdivision of either while the  employee  is
31        engaged  in the performance of his or her official duties
 
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 1        within the scope of his or her employment.  However,  any
 2        such  person  who offers his or her services as a private
 3        detective or uses a similar title when these services are
 4        performed  for  compensation  or   other   consideration,
 5        whether  received  directly  or indirectly, is subject to
 6        this Act.
 7             (2)  A  person,  firm,  or  other   entity   engaged
 8        exclusively  in tracing and compiling lineage or ancestry
 9        who does not hold himself or herself out to be a  private
10        detective.
11             (3)  A  person  engaged exclusively in obtaining and
12        furnishing information as  to  the  financial  rating  or
13        creditworthiness  of  persons  or  a  person who provides
14        reports  in   connection   with   (i)   consumer   credit
15        transactions,  (ii)  information for employment purposes,
16        or (iii) information for  the  underwriting  of  consumer
17        insurance.
18             (4)  Insurance  adjusters employed or under contract
19        as  adjusters  who  engage  in  no  other   investigative
20        activities  other  than  those  directly  connected  with
21        adjustment  of  claims  against an insurance company or a
22        self-insured entity by which they are  employed  or  with
23        which  they  have  a  contract.  No insurance adjuster or
24        company  may  use  the  term   "investigation"   or   any
25        derivative thereof, in its name or in its advertising.

26        Section 15-10.  Qualifications for licensure as a private
27    detective.
28        (a)  A  person  is  qualified  for licensure as a private
29    detective  if  he  or  she  meets  all   of   the   following
30    requirements:
31             (1)  Is at least 21 years of age.
32             (2)  Has  not  been  convicted  of any felony in any
33        jurisdiction or at least 10 years have elapsed since  the
 
SB487 Engrossed             -15-     LRB093 05120 AMC 05180 b
 1        time  of  full  discharge  from  a sentence imposed for a
 2        felony conviction.
 3             (3)  Is of good moral character. Good character is a
 4        continuing requirement of licensure. Conviction of crimes
 5        other than felonies may  be  used  in  determining  moral
 6        character,  but  shall  not constitute an absolute bar to
 7        licensure.
 8             (4)  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
11        subsequently declared him or her to be competent.
12             (5)  Is not suffering from dependence on alcohol  or
13        from narcotic addiction or dependence.
14             (6)  Has  a  minimum  of 3 years experience of the 5
15        years immediately preceding application working full-time
16        for a licensed private detective agency as  a  registered
17        private   detective  agency  employee  or  with  3  years
18        experience of the 5 years immediately  preceding  his  or
19        her  application employed as a full-time investigator for
20        a licensed attorney or in a law enforcement agency  of  a
21        federal  or  state  political  subdivision,  which  shall
22        include   a   state's   attorney's  office  or  a  public
23        defender's office. The Board  and  the  Department  shall
24        approve   such   full-time  investigator  experience.  An
25        applicant who has a baccalaureate degree, or  higher,  in
26        law  enforcement  or a related field or a business degree
27        from an accredited college or university shall  be  given
28        credit  for  2 of the 3 years of the required experience.
29        An  applicant  who  has  an  associate  degree   in   law
30        enforcement  or in a related field or in business from an
31        accredited college or university shall  be  given  credit
32        for one of the 3 years of the required experience.
33             (7)  Has  not  been dishonorably discharged from the
34        armed forces  of  the  United  States  or  has  not  been
 
SB487 Engrossed             -16-     LRB093 05120 AMC 05180 b
 1        discharged  from  a  law enforcement agency of the United
 2        States or of any state or of  any  political  subdivision
 3        thereof, which shall include a state's attorney's office,
 4        for reasons relating to his or her conduct as an employee
 5        of that law enforcement agency.
 6             (8)  Has  passed  an  examination  authorized by the
 7        Department.
 8        (b)  It is the responsibility of the applicant to  obtain
 9    general   liability  insurance  in  an  amount  and  coverage
10    appropriate for the applicant's circumstances  as  determined
11    by rule. The applicant shall provide evidence of insurance to
12    the  Department  before  being  issued  a license. Failure to
13    maintain general  liability  insurance  and  to  provide  the
14    Department  with  written proof of the insurance shall result
15    in cancellation of the license.

16        Section 15-15.  Qualifications for licensure as a private
17    detective agency.
18        (a)  Upon receipt of the required fee and proof that  the
19    applicant   has   a   full-time   Illinois  licensed  private
20    detective-in-charge, which is a  continuing  requirement  for
21    agency   licensure,   the  Department  shall  issue,  without
22    examination, a license as a private detective agency  to  any
23    of the following:
24             (1)  An individual who submits an application and is
25        a licensed private detective under this Act.
26             (2)  A  firm  that submits an application and all of
27        the members of the firm are licensed  private  detectives
28        under this Act.
29             (3)  A  corporation  or  limited  liability  company
30        doing  business  in  Illinois  that  is authorized by its
31        articles of incorporation or organization  to  engage  in
32        the  business  of conducting a detective agency, provided
33        at least one full-time executive employee is licensed  as
 
SB487 Engrossed             -17-     LRB093 05120 AMC 05180 b
 1        a  private  detective  in  Illinois  and  all  unlicensed
 2        officers  and  directors are determined by the Department
 3        to be persons of good moral character.
 4        (b)  No private detective may be  the  licensee-in-charge
 5    for  more  than  one  private  detective agency. Upon written
 6    request by a representative of  an  agency,  within  10  days
 7    after  the  loss of a licensee-in-charge of an agency because
 8    of the death of that individual or because of the termination
 9    of the employment of that individual,  the  Department  shall
10    issue  a  temporary  certificate  of  authority  allowing the
11    continuing operation of the  licensed  agency.  No  temporary
12    certificate  of  authority  shall  be  valid for more than 90
13    days. An extension of an additional 90 days  may  be  granted
14    upon written request by the representative of the agency. Not
15    more than 2 extensions may be granted to any agency.

16        Section 15-25.  Training.
17        (a)  Registered  employees  of a private detective agency
18    shall complete, within 30 days of their employment, a minimum
19    of 20 hours of training provided by a  qualified  instructor.
20    The  substance  of  the training shall be related to the work
21    performed by the registered employee.
22        (b)  It is the responsibility of the employer to certify,
23    on a form provided by the Department, that the  employee  has
24    successfully  completed  the  training.  The  form shall be a
25    permanent record of training completed by  the  employee  and
26    shall  be placed in the employee's file with the employer for
27    the period the employee remains with the employer. An  agency
28    may  place a notarized copy of the Department form in lieu of
29    the original into the permanent  employee  registration  card
30    file.  The  original form shall be given to the employee when
31    his or her employment is terminated. Failure  to  return  the
32    original  form  to  the  employee is grounds for disciplinary
33    action. The employee shall not  be  required  to  repeat  the
 
SB487 Engrossed             -18-     LRB093 05120 AMC 05180 b
 1    required training once the employee has been issued the form.
 2    An employer may provide or require additional training.
 3        (c)  Any certification of completion of the 20-hour basic
 4    training  issued  under the Private Detective, Private Alarm,
 5    Private Security, and Locksmith Act of 1993 or any prior  Act
 6    shall be accepted as proof of training under this Act.

 7               ARTICLE 20. PRIVATE ALARM CONTRACTORS.

 8        Section 20-5.  Exemptions; private alarm contractor.
 9        (a)  The  provisions of this Act related to the licensure
10    of private alarm contractors do  not  apply  to  any  of  the
11    following:
12             (1)  A  person  who sells alarm system equipment and
13        is not an employee, agent, or independent  contractor  of
14        an  entity  that  installs,  monitors, maintains, alters,
15        repairs,  services,  or  responds  to  alarm  systems  at
16        protected premises or premises to be protected if all  of
17        the following conditions are met:
18                  (A)  The  alarm  systems are approved either by
19             Underwriters Laboratories or  another  authoritative
20             entity  recognized  by the Department and identified
21             by a federally registered trademark.
22                  (B)  The owner of the trademark has  authorized
23             the  person  to  sell the trademark owner's products
24             and the person provides proof to the  Department  of
25             this authorization.
26                  (C)  The  owner of the trademark provides, upon
27             the  Department's  request,   proof   of   liability
28             insurance  for bodily injury or property damage from
29             defective  products  of  not  less  than  $1,000,000
30             combined single limit. The insurance policy need not
31             apply exclusively to alarm systems.
32             (2)  A person who  sells,  installs,  maintains,  or
 
SB487 Engrossed             -19-     LRB093 05120 AMC 05180 b
 1        repairs automobile alarm systems.
 2             (3)  A licensed electrical contractor who repairs or
 3        services fire alarm systems on an emergency call-in basis
 4        or  who  sells,  installs, maintains, alters, repairs, or
 5        services only fire alarm systems and not alarm  or  other
 6        security related electronic systems.
 7        (b)  Persons  who  have  no  access  to  confidential  or
 8    security   information  and  who  otherwise  do  not  provide
 9    traditional  security  services  are  exempt  from   employee
10    registration.  Examples  of exempt employees include, but are
11    not limited to, employees working in the capacity of delivery
12    drivers, reception personnel,  building  cleaning,  landscape
13    and  maintenance personnel, and employees involved in vehicle
14    and equipment repair. Confidential or security information is
15    that which pertains to  employee  files,  scheduling,  client
16    contracts, or technical security and alarm data.

17        Section 20-10.  Qualifications for licensure as a private
18    alarm contractor.
19        (a)  A  person  is  qualified  for licensure as a private
20    alarm contractor if he or she  meets  all  of  the  following
21    requirements:
22             (1)  Is at least 21 years of age.
23             (2)  Has  not  been  convicted  of any felony in any
24        jurisdiction or at least 10 years have elapsed since  the
25        time  of  full  discharge  from  a sentence imposed for a
26        felony conviction.
27             (3)  Is  of  good  moral   character.   Good   moral
28        character  is  a  continuing  requirement  of  licensure.
29        Conviction  of  crimes other than felonies may be used in
30        determining moral character, but shall not constitute  an
31        absolute bar to licensure.
32             (4)  Has not been declared by any court of competent
33        jurisdiction  to  be  incompetent  by reason of mental or
 
SB487 Engrossed             -20-     LRB093 05120 AMC 05180 b
 1        physical  defect  or  disease,   unless   a   court   has
 2        subsequently declared him or her to be competent.
 3             (5)  Is  not suffering from dependence on alcohol or
 4        from narcotic addiction or dependence.
 5             (6)  Has a minimum of 3 years experience  of  the  5
 6        years  immediately  preceding  application  working  as a
 7        full-time manager for a licensed private alarm contractor
 8        agency or for an entity that  designs,  sells,  installs,
 9        services, or monitors alarm systems that, in the judgment
10        of  the  Board, satisfies the standards of alarm industry
11        competence. An applicant who has received a 4-year degree
12        or higher in electrical engineering or  a  related  field
13        from  a  program  approved  by  the  Board shall be given
14        credit  for  2  years  of  the  required  experience.  An
15        applicant  who  has  successfully  completed  a  national
16        certification program approved  by  the  Board  shall  be
17        given credit for one year of the required experience.
18             (7)  Has  not  been dishonorably discharged from the
19        armed forces of the United States.
20             (8)  Has passed an  examination  authorized  by  the
21        Department.
22             (9)  Submits the photographs, fingerprints, proof of
23        having   general   liability   insurance  required  under
24        subsection (b), and the required license fee.
25             (10)  Has not violated Section 5-5 of this Act.
26        (b)  It is the responsibility of the applicant to  obtain
27    general   liability  insurance  in  an  amount  and  coverage
28    appropriate for the applicant's circumstances  as  determined
29    by rule. The applicant shall provide evidence of insurance to
30    the  Department  before  being  issued  a license. Failure to
31    maintain general  liability  insurance  and  to  provide  the
32    Department  with  written proof of the insurance shall result
33    in cancellation of the license.
 
SB487 Engrossed             -21-     LRB093 05120 AMC 05180 b
 1        Section 20-15.  Qualifications for licensure as a private
 2    alarm contractor agency.
 3        (a)  Upon receipt of the required fee and proof that  the
 4    applicant  has  a  full-time  Illinois licensed private alarm
 5    contractor-in-charge, which is a continuing  requirement  for
 6    agency   licensure,   the  Department  shall  issue,  without
 7    examination, a license as a private alarm  contractor  agency
 8    to any of the following:
 9             (1)  An individual who submits an application and is
10        a licensed private alarm contractor under this Act.
11             (2)  A  firm  that submits an application and all of
12        the members  of  the  firm  are  licensed  private  alarm
13        contractors under this Act.
14             (3)  A  corporation  or  limited  liability  company
15        doing  business  in  Illinois  that  is authorized by its
16        articles of incorporation or organization  to  engage  in
17        the  business  of  conducting  a private alarm contractor
18        agency if at least one executive employee is licensed  as
19        a  private  alarm  contractor  under  this  Act  and  all
20        unlicensed  officers  and directors of the corporation or
21        limited  liability  company   are   determined   by   the
22        Department to be persons of good moral character.
23        (b)  No private alarm contractor may be the private alarm
24    contractor-in-charge   for   more   than  one  private  alarm
25    contractor agency. Upon written request by  a  representative
26    of  an  agency,  within  10 days after the loss of a licensed
27    private alarm contractor-in-charge of an  agency  because  of
28    the death of that individual or because of the termination of
29    the employment of that individual, the Department shall issue
30    a  temporary certificate of authority allowing the continuing
31    operation of the licensed agency. No temporary certificate of
32    authority shall be valid for more than 90 days. An  extension
33    of  an additional 90 days may be granted upon written request
34    by  the  representative  of  the  agency.  Not  more  than  2
 
SB487 Engrossed             -22-     LRB093 05120 AMC 05180 b
 1    extensions may be granted to any agency.
 2        (c)  No   private   alarm   contractor,   private   alarm
 3    contractor agency, or person may install or connect an  alarm
 4    system  or  fire alarm system that connects automatically and
 5    directly to a governmentally operated police or fire dispatch
 6    system in a manner that violates subsection  (a)  of  Section
 7    15.2  of  the  Emergency Telephone System Act. In addition to
 8    the penalties provided by the Emergency Telephone System Act,
 9    a private alarm contractor agency that violates this  Section
10    shall  pay  the  Department an additional penalty of $250 per
11    occurrence.

12        Section 20-20.  Training.
13        (a)  Registered employees of the private alarm contractor
14    agency who carry a firearm and respond to alarm systems shall
15    complete, within 30 days of their employment, a minimum of 20
16    hours  of  classroom  training  provided   by   a   qualified
17    instructor and shall include all of the following subjects:
18             (1)  The law regarding arrest and search and seizure
19        as it applies to the private alarm industry.
20             (2)  Civil  and  criminal liability for acts related
21        to the private alarm industry.
22             (3)  The use of force.
23             (4)  Arrest and control techniques.
24             (5)  The offenses under the Criminal  Code  of  1961
25        that  are  directly  related to the protection of persons
26        and property.
27             (6)  The  law  on  private  alarm  forces   and   on
28        reporting to law enforcement agencies.
29             (7)  Fire   prevention,  fire  equipment,  and  fire
30        safety.
31             (8)  The procedures for service of process  and  for
32        report writing.
33             (9)  Civil rights and public relations.
 
SB487 Engrossed             -23-     LRB093 05120 AMC 05180 b
 1        (b)  All  other  employees  of a private alarm contractor
 2    agency shall complete a  minimum  of  20  hours  of  training
 3    provided  by  a  qualified instructor within 30 days of their
 4    employment. The substance of the training shall be related to
 5    the work performed by the registered employee.
 6        (c)  It is the responsibility of the employer to certify,
 7    on a form provided by the Department, that the  employee  has
 8    successfully  completed  the  training.  The  form shall be a
 9    permanent record of training completed by  the  employee  and
10    shall  be placed in the employee's file with the employer for
11    the period the employee remains with the employer. A  private
12    alarm  contractor  agency  may  place a notarized copy of the
13    Department form in lieu of the original  into  the  permanent
14    employee  registration  card file. The original form shall be
15    given  to  the  employee  when  his  or  her  employment   is
16    terminated.  Failure  to  return  the  original  form  to the
17    employee is grounds for  disciplinary  action.  The  employee
18    shall  not  be  required to repeat the required training once
19    the employee has  been  issued  the  form.  An  employer  may
20    provide or require additional training.
21        (d)  Any certification of completion of the 20-hour basic
22    training  issued  under the Private Detective, Private Alarm,
23    Private Security, and Locksmith Act of 1993 or any prior  Act
24    shall be accepted as proof of training under this Act.

25              ARTICLE 25. PRIVATE SECURITY CONTRACTORS.

26        Section  25-5.  Exemptions;  private security contractor.
27    The provisions of this Act related to licensure of a  private
28    security contractor do not apply to any of the following:
29             (1)  An  employee of the United States, Illinois, or
30        a political subdivision of either while the  employee  is
31        engaged  in the performance of his or her official duties
32        within the scope of his or her employment.  However,  any
 
SB487 Engrossed             -24-     LRB093 05120 AMC 05180 b
 1        such  person  who offers his or her services as a private
 2        security contractor or uses a similar  title  when  these
 3        services   are   performed   for  compensation  or  other
 4        consideration, whether received directly  or  indirectly,
 5        is subject to this Act.
 6             (2)  A person employed as either an armed or unarmed
 7        security  officer  at a nuclear energy, storage, weapons,
 8        or development site or facility regulated by  the  United
 9        States  Nuclear  Regulatory  Commission who has completed
10        the background screening and  training  mandated  by  the
11        regulations  of  the  United  States  Nuclear  Regulatory
12        Commission.
13             (3)  A  person,  watchman,  or  proprietary security
14        officer employed exclusively  by  only  one  employer  in
15        connection   with   the   exclusive  activities  of  that
16        employer.

17        Section 25-10.  Qualifications for licensure as a private
18    security contractor.
19        (a)  A person is qualified for  licensure  as  a  private
20    security  contractor  if he or she meets all of the following
21    requirements:
22             (1)  Is at least 21 years of age.
23             (2)  Has not been convicted of  any  felony  in  any
24        jurisdiction  or at least 10 years have elapsed since the
25        time of full discharge from  a  sentence  imposed  for  a
26        felony conviction.
27             (3)  Is of good moral character. Good character is a
28        continuing requirement of licensure. Conviction of crimes
29        other  than  felonies  may  be  used in determining moral
30        character, but shall not constitute an  absolute  bar  to
31        licensure.
32             (4)  Has not been declared by any court of competent
33        jurisdiction  to  be  incompetent  by reason of mental or
 
SB487 Engrossed             -25-     LRB093 05120 AMC 05180 b
 1        physical  defect  or  disease,   unless   a   court   has
 2        subsequently declared him or her to be competent.
 3             (5)  Is  not suffering from dependence on alcohol or
 4        from narcotic addiction or dependence.
 5             (6)  Has a minimum of 3 years experience  of  the  5
 6        years  immediately  preceding  application  working  as a
 7        full-time  manager  for  a  licensed   private   security
 8        contractor  agency or a manager of a proprietary security
 9        force  of  30  or  more  persons  registered   with   the
10        Department  or  with  3  years  experience of the 5 years
11        immediately preceding his or her application employed  as
12        a  full-time  supervisor in a law enforcement agency of a
13        federal  or  state  political  subdivision,  which  shall
14        include a state's attorney's office or public  defender's
15        office.  The  Board and the Department shall approve such
16        full-time supervisory experience. An applicant who has  a
17        baccalaureate  degree  or  higher  in police science or a
18        related field or a business  degree  from  an  accredited
19        college  or university shall be given credit for 2 of the
20        3 years of the required experience. An applicant who  has
21        an  associate  degree  in  police science or in a related
22        field or  in  business  from  an  accredited  college  or
23        university  shall  be given credit for one of the 3 years
24        of the required experience.
25             (7)  Has not been dishonorably discharged  from  the
26        armed forces of the United States.
27             (8)  Has  passed  an  examination  authorized by the
28        Department.
29        (b)  It is the responsibility of the applicant to  obtain
30    general   liability  insurance  in  an  amount  and  coverage
31    appropriate for the applicant's circumstances  as  determined
32    by rule. The applicant shall provide evidence of insurance to
33    the  Department  before  being  issued  a license. Failure to
34    maintain general  liability  insurance  and  to  provide  the
 
SB487 Engrossed             -26-     LRB093 05120 AMC 05180 b
 1    Department  with  written proof of the insurance shall result
 2    in cancellation of the license.

 3        Section 25-15.  Qualifications for licensure as a private
 4    security contractor agency.
 5        (a)  Upon receipt of the required fee and proof that  the
 6    applicant  has a full-time Illinois licensed private security
 7    contractor-in-charge, which is a continuing  requirement  for
 8    agency   licensure,   the  Department  shall  issue,  without
 9    examination, a  license  as  a  private  security  contractor
10    agency to any of the following:
11             (1)  An individual who submits an application and is
12        a licensed private security contractor under this Act.
13             (2)  A  firm  that submits an application and all of
14        the members of the firm  are  licensed  private  security
15        contractors under this Act.
16             (3)  A  corporation  or  limited  liability  company
17        doing  business  in  Illinois  that  is authorized by its
18        articles of incorporation or organization  to  engage  in
19        the  business of conducting a private security contractor
20        agency if at least one officer or executive  employee  is
21        licensed as a private security contractor by this Act and
22        all  unlicensed  officers and directors are determined by
23        the Department to be persons of good moral character.
24        (b)  No private security contractor may  be  the  private
25    security  contractor  licensee-in-charge  for  more  than one
26    private security contractor agency. Upon written request by a
27    representative of the agency, within 10 days after  the  loss
28    of  a  private  security  contractor licensee-in-charge of an
29    agency because of the death of that individual or because  of
30    the  termination  of  the  employment of that individual, the
31    Department shall issue a temporary certificate  of  authority
32    allowing  the continuing operation of the licensed agency. No
33    temporary certificate of authority shall be  valid  for  more
 
SB487 Engrossed             -27-     LRB093 05120 AMC 05180 b
 1    than  90  days.  An extension of an additional 90 days may be
 2    granted upon written request by  the  representative  of  the
 3    agency.  Not  more  than  2  extensions may be granted to any
 4    agency.

 5        Section 25-20.  Training.
 6        (a)  Registered  employees  of   the   private   security
 7    contractor  agency  who provide traditional guarding or other
 8    private security related functions or who  respond  to  alarm
 9    systems shall complete, within 30 days of their employment, a
10    minimum  of  20  hours  of  classroom  training provided by a
11    qualified instructor, which    shall  include  the  following
12    subjects:
13             (1)  The law regarding arrest and search and seizure
14        as it applies to private security.
15             (2)  Civil  and  criminal liability for acts related
16        to private security.
17             (3)  The use of force.
18             (4)  Arrest and control techniques.
19             (5)  The offenses under the Criminal  Code  of  1961
20        that  are  directly  related to the protection of persons
21        and property.
22             (6)  The law  on  private  security  forces  and  on
23        reporting to law enforcement agencies.
24             (7)  Fire   prevention,  fire  equipment,  and  fire
25        safety.
26             (8)  The procedures for service of process  and  for
27        report writing.
28             (9)  Civil rights and public relations.
29        (b)  All other employees of a private security contractor
30    agency  shall  complete  a  minimum  of  20 hours of training
31    provided by the qualified instructor within 30 days of  their
32    employment. The substance of the training shall be related to
33    the work performed by the registered employee.
 
SB487 Engrossed             -28-     LRB093 05120 AMC 05180 b
 1        (c)  Registered   employees   of   the  private  security
 2    contractor shall complete, within 6 months of  the  start  of
 3    their   employment,  an  additional  8  hours  of  on-the-job
 4    training.
 5        (d)  Registered   employees   of   a   private   security
 6    contractor agency, with a minimum of one year of  employment,
 7    who  provide  traditional  guarding or other private security
 8    related functions, shall complete on an annual calendar  year
 9    basis  a  minimum  of  8 hours of on-the-job training to meet
10    site  specific  requirements.    The   foregoing   on-the-job
11    training  is in addition to the basic training required under
12    this Section.
13        (e)  It is the responsibility of the employer to certify,
14    on a form provided by the Department, that the  employee  has
15    successfully  completed  the  training.  The  form shall be a
16    permanent record of training completed by  the  employee  and
17    shall  be placed in the employee's file with the employer for
18    the period the employee remains with the employer. An  agency
19    may  place a notarized copy of the Department form in lieu of
20    the original into the permanent  employee  registration  card
21    file.  The  original form shall be given to the employee when
22    his or her employment is terminated. Failure  to  return  the
23    original  form  to  the  employee is grounds for disciplinary
24    action. The employee shall not  be  required  to  repeat  the
25    required training once the employee has been issued the form.
26    An employer may provide or require additional training.
27        (f)  Any certification of completion of the 20-hour basic
28    training  issued  under the Private Detective, Private Alarm,
29    Private Security and Locksmith Act of 1993 or any  prior  Act
30    shall be accepted as proof of training under this Act.

31        Section 25-30.  Uniforms.
32        (a)  No  licensee  under  this  Act  or any employee of a
33    licensed agency shall wear or display a badge, shoulder patch
 
SB487 Engrossed             -29-     LRB093 05120 AMC 05180 b
 1    or  other  identification  that  contains  the   words   "law
 2    enforcement".  No  license  holder  or employee of a licensed
 3    agency shall imply in  any  manner  that  the  person  is  an
 4    employee  or  agent of a governmental entity, display a badge
 5    or identification card, emblem, or uniform  using  the  words
 6    "police",   "sheriff",   "highway  patrol",  "trooper",  "law
 7    enforcement" or any similar term.
 8        (b)  All full  uniforms,  if  worn,  by  employees  of  a
 9    licensed  private  security  contractor agency, must bear the
10    name of the private security contractor agency,  which  shall
11    be plainly visible on a patch, badge, or other insignia.

12                       ARTICLE 30. LOCKSMITHS.

13        Section  30-5.  Exemptions;  locksmith. The provisions of
14    this Act do not apply to any of the following if  the  person
15    performing  the  service does not hold himself or herself out
16    as a locksmith:
17             (1)  Automobile   service   dealers   who   service,
18        install, repair, or rebuild automobile locks.
19             (2)  Police officers who open a lock on an emergency
20        dispatch situation.
21             (3)  A retail  merchant  selling  locks  or  similar
22        security  accessories,  duplicating  keys, or installing,
23        programming, or servicing electronic garage door devices.
24             (4)  A member of the building trades who installs or
25        removes complete locks or locking devices in  the  course
26        of   residential   or   commercial  new  construction  or
27        remodeling.
28             (5)  An employee of a towing  service,  repossessor,
29        or automobile club opening automotive locks in the normal
30        course of his or her duties. Additionally, this Act shall
31        not prohibit an employee of a towing service from opening
32        motor  vehicles  to  enable a vehicle to be moved without
 
SB487 Engrossed             -30-     LRB093 05120 AMC 05180 b
 1        towing, provided the towing service does not hold  itself
 2        out  to the public, by directory advertisement, through a
 3        sign at the facilities of the towing service, or  by  any
 4        other form of advertisement, as a locksmith.
 5             (6)  A  student  in the course of study in locksmith
 6        programs approved by the Department.
 7             (7)  Warranty service by a lock manufacturer or  its
 8        employees on the manufacturer's own products.
 9             (8)  A maintenance employee of a property management
10        company   at  a  multi-family  residential  building  who
11        services, installs, repairs, or opens locks for tenants.
12             (9)  A  person  employed  exclusively  by  only  one
13        employer in connection with the exclusive  activities  of
14        that  employer,  providing  that  person  does  not  hold
15        himself or herself out to the public as a locksmith.
16             (10)  Persons  who have no access to confidential or
17        security information and who  otherwise  do  not  provide
18        traditional  locksmith  services, as defined in this Act,
19        are exempt from employee registration. Examples of exempt
20        employees include, but  are  not  limited  to,  employees
21        working   in  the  capacity  of  key  cutters,  cashiers,
22        drivers,  and  reception   personnel.   Confidential   or
23        security  information  is that which pertains to employee
24        files, scheduling, client contracts, master  key  charts,
25        access codes, or technical security and alarm data.

26        Section   30-10.  Qualifications   for   licensure  as  a
27    locksmith.
28        (a)  A person is qualified for licensure as  a  locksmith
29    if he or she meets all of the following requirements:
30             (1)  Is at least 18 years of age.
31             (2)  Has  not  been  convicted  of any felony in any
32        jurisdiction or at least 10 years have elapsed since  the
33        time  of  full  discharge  from  a sentence imposed for a
 
SB487 Engrossed             -31-     LRB093 05120 AMC 05180 b
 1        felony conviction.
 2             (3)  Is  of  good  moral   character.   Good   moral
 3        character  is  a  continuing  requirement  of  licensure.
 4        Conviction  of  crimes other than felonies may be used in
 5        determining moral character, but shall not constitute  an
 6        absolute bar to licensure.
 7             (4)  Has not been declared by any court of competent
 8        jurisdiction  to  be  incompetent  by reason of mental or
 9        physical  defect  or  disease,   unless   a   court   has
10        subsequently declared him or her to be competent.
11             (5)  Is  not suffering from dependence on alcohol or
12        from narcotic addiction or dependence.
13             (6)  Has not been dishonorably discharged  from  the
14        armed forces of the United States.
15             (7)  Has  passed  an  examination  authorized by the
16        Department.
17             (8)  Submits  the  photographs,  the   fingerprints,
18        proof  of  having  general  liability  insurance required
19        under subsection (b), and the required license fee.
20             (9)  Has not violated Section 10-5 of this Act.
21        (b)  It is the responsibility of the applicant to  obtain
22    general   liability  insurance  in  an  amount  and  coverage
23    appropriate for the applicant's circumstances  as  determined
24    by rule. The applicant shall provide evidence of insurance to
25    the  Department  before  being  issued  a license. Failure to
26    maintain general  liability  insurance  and  to  provide  the
27    Department  with  written proof of the insurance shall result
28    in cancellation of the license. A  locksmith  employed  by  a
29    licensed  locksmith  agency  or employed by a private concern
30    may provide proof that his or her actions as a locksmith  are
31    covered by the liability insurance of his or her employer.

32        Section   30-15.  Qualifications   for   licensure  as  a
33    locksmith agency.
 
SB487 Engrossed             -32-     LRB093 05120 AMC 05180 b
 1        (a)  Upon receipt of the required fee and proof that  the
 2    applicant  is an Illinois licensed locksmith who shall assume
 3    responsibility for  the  operation  of  the  agency  and  the
 4    directed  actions  of  the  agency's  employees,  which  is a
 5    continuing requirement for agency licensure,  the  Department
 6    shall  issue,  without  examination, a license as a locksmith
 7    agency to any of the following:
 8             (1)  An individual who submits an application and is
 9        a licensed locksmith under this Act.
10             (2)  A firm that submits an application and  all  of
11        the  members  of  the  firm are licensed locksmiths under
12        this Act.
13             (3)  A  corporation  or  limited  liability  company
14        doing business in Illinois  that  is  authorized  by  its
15        articles  of  incorporation  or organization to engage in
16        the business of conducting a locksmith agency if at least
17        one officer or executive employee is a licensed locksmith
18        under this Act and all unlicensed officers and  directors
19        of  the  corporation  or  limited  liability  company are
20        determined by the Department to be persons of good  moral
21        character.
22        (b)  An  individual  licensed  as  a  locksmith operating
23    under a business name registered with  the  Department  other
24    than  the licensed locksmith's own name shall not be required
25    to  obtain  a  locksmith  agency  license  if  that  licensed
26    locksmith does not  employ  any  persons  to  engage  in  the
27    practice of locksmithing.
28        (c)  An  applicant  for  licensure  as a locksmith agency
29    shall submit to the Department  proof  of  general  liability
30    insurance sufficient for the agency's business circumstances.
31    The  Department  shall,  by rule, specify the minimum general
32    liability insurance requirements.  Failure  to  maintain  the
33    general  liability  insurance shall result in cancellation of
34    the license.
 
SB487 Engrossed             -33-     LRB093 05120 AMC 05180 b
 1        (d)  No locksmith may be the locksmith licensee-in-charge
 2    for more than one locksmith agency. Upon written request by a
 3    representative of the agency, within 10 days after  the  loss
 4    of a locksmith-in-charge of an agency because of the death of
 5    that   individual  or  because  of  the  termination  of  the
 6    employment of that individual, the Department shall  issue  a
 7    temporary  certificate  of  authority allowing the continuing
 8    operation of the licensed agency. No temporary certificate of
 9    authority shall be valid for more than 90 days. An  extension
10    of  an additional 90 days may be granted upon written request
11    by  the  representative  of  the  agency.  Not  more  than  2
12    extensions may be granted to any agency.

13        Section 30-20.  Training.
14        (a)  Registered employees of a licensed locksmith  agency
15    shall  complete a minimum of 20 hours of training provided by
16    a qualified instructor within 30 days  of  their  employment.
17    The substance of the training shall be prescribed by rule.
18        (b)  It is the responsibility of the employer to certify,
19    on  a  form provided by the Department, that the employee has
20    successfully completed the training.  The  form  shall  be  a
21    permanent  record  of  training completed by the employee and
22    shall be placed in the employee's file with the employer  for
23    the  period the employee remains with the employer. An agency
24    may place a notarized copy of the Department form in lieu  of
25    the  original  into the PERC file. The original form shall be
26    given  to  the  employee  when  his  or  her  employment   is
27    terminated.  Failure  to  return  the  original  form  to the
28    employee is grounds for  disciplinary  action.  The  employee
29    shall  not  be  required to repeat the required training once
30    the employee has  been  issued  the  form.  An  employer  may
31    provide or require additional training.
32        (c)  Any certification of completion of the 20-hour basic
33    training  issued  under the Private Detective, Private Alarm,
 
SB487 Engrossed             -34-     LRB093 05120 AMC 05180 b
 1    Private Security and Locksmith Act of 1993 or any  prior  Act
 2    shall be accepted as proof of training under this Act.

 3        Section 30-25.  Customer identification; record keeping.
 4        (a)  A locksmith who bypasses, manipulates, or originates
 5    a  first  key by code for a device safeguarding an area where
 6    access  is  meant  to  be  limited,  whether   or   not   for
 7    compensation, shall document where the work was performed and
 8    the  name,  address,  date  of  birth,  telephone number, and
 9    driver's license number or other identification number of the
10    person requesting the work to be done and  shall  obtain  the
11    signature   of  that  person.  This  documentation  shall  be
12    retained by the locksmith for at least 2 years and  shall  be
13    available for inspection upon written request made at least 3
14    days in advance by a law enforcement agency.
15        (b)  A locksmith who bypasses, manipulates, or originates
16    a  first  key  for  a  motor  vehicle,  whether  or  not  for
17    compensation,  shall  document  the  name,  address,  date of
18    birth, telephone number, vehicle identification  number,  and
19    driver's license number or other identification number of the
20    person  requesting  entry  and  obtain  the signature of that
21    person. Documentation shall be retained by the locksmith  for
22    at  least  2 years and shall be available for inspection upon
23    written request made at least 3 days  in  advance  by  a  law
24    enforcement agency.

25              ARTICLE 35. BUSINESS PRACTICE PROVISIONS.

26        Section  35-5.  Display  of  license. Each licensee shall
27    prominently display his or her individual, agency, or  branch
28    office   license  at  each  place  where  business  is  being
29    conducted, as required under this Act.

30        Section 35-10.  Inspection of facilities.  Each  licensee
 
SB487 Engrossed             -35-     LRB093 05120 AMC 05180 b
 1    shall  permit  his  or  her  office facilities and registered
 2    employee files to be audited or inspected at reasonable times
 3    and in a reasonable  manner  upon  24  hours  notice  by  the
 4    Department.

 5        Section 35-15.  Advertisements; penalties.
 6        (a)  No licensee providing services regulated by this Act
 7    may  knowingly advertise those services without including his
 8    or her license number in the advertisement. The publisher  of
 9    the  advertising,  however,  is  not  required  to verify the
10    accuracy of the advertisement or the license number.
11        (b)  A licensee who advertises services regulated by this
12    Act who knowingly (i) fails to display his or her license  at
13    his  or  her  place  of  business,  (ii) fails to provide the
14    publisher with the current license number, or (iii)  provides
15    the publisher with a false license number or a license number
16    other than that of the person or agency doing the advertising
17    or  a licensee who knowingly allows his or her license number
18    to be displayed or  used  by  another  person  or  agency  to
19    circumvent  any  provision of this subsection, is guilty of a
20    Class A misdemeanor. Each day an advertisement  is  published
21    or  a  licensee  allows  his  or  her  license  to be used in
22    violation of this Section constitutes a separate offense.  In
23    addition  to  the  penalties  and  remedies  provided in this
24    Section, a  licensee  who  violates  any  provision  of  this
25    Section  shall  be subject to the disciplinary action, fines,
26    and civil penalty provisions of this Act.

27        Section 35-20.  Renewal provisions.
28        (a)  As  a  condition  of  renewal  of  a  license,  each
29    licensee  shall  report   information   pertaining   to   the
30    licensee's  business  location, status as active or inactive,
31    proof of continued general liability insurance coverage,  and
32    any other data as determined by rule to be reasonably related
 
SB487 Engrossed             -36-     LRB093 05120 AMC 05180 b
 1    to  the  administration  of  this Act. Licensees shall report
 2    this information as a condition of  renewal,  except  that  a
 3    change  in  home  or  office  address  or  a  change  of  the
 4    licensee-in-charge  shall  be reported within 10 days of when
 5    it occurs.
 6        (b)  Upon renewal, every licensee  shall  report  to  the
 7    Department  every  instance  during  the  licensure period in
 8    which the quality of his or her professional services in  the
 9    State  of  Illinois  was  the  subject  of  legal action that
10    resulted in a settlement or a verdict in excess of $10,000.

11        Section  35-25.  Duplicate  licenses.   If   a   license,
12    permanent    employee    registration    card,   or   firearm
13    authorization card is lost, a duplicate shall be issued  upon
14    proof  of such loss together with the payment of the required
15    fee. If a licensee decides to change his  or  her  name,  the
16    Department  shall  issue a license in the new name upon proof
17    that the change was done pursuant to law and payment  of  the
18    required  fee. Notification of a name change shall be made to
19    the Department within 30 days after the change.

20        Section 35-30.  Employee requirements. All employees of a
21    licensed agency, other than those exempted, shall apply for a
22    permanent employee registration card. The holder of an agency
23    license issued under this  Act,  known  in  this  Section  as
24    "employer",  may employ in the conduct of his or her business
25    employees under the following provisions:
26        (1)  No person  shall  be  issued  a  permanent  employee
27    registration card who:
28             (A)  Is younger than 18 years of age.
29             (B)  Is younger than 21 years of age if the services
30        will include being armed.
31             (C)  Has  been  determined  by  the Department to be
32        unfit by reason of conviction of an offense  in  this  or
 
SB487 Engrossed             -37-     LRB093 05120 AMC 05180 b
 1        another   state,   other  than  a  traffic  offense.  The
 2        Department  shall  adopt  rules   for      making   those
 3        determinations   that  shall  afford  the  applicant  due
 4        process of law.
 5             (D)  Has  had  a  license  or   permanent   employee
 6        registration  card  denied,  suspended,  or revoked under
 7        this Act within the previous 12 months from the  date  of
 8        the denial, suspension, or revocation.
 9             (E)  Has  been  declared incompetent by any court of
10        competent jurisdiction by reason  of  mental  disease  or
11        defect and has not been restored.
12             (F)  Has been dishonorably discharged from the armed
13        services of the United States.
14        (2)  No  person  may  be  employed by a private detective
15    agency, private security  contractor  agency,  private  alarm
16    contractor  agency,  or  locksmith  agency under this Section
17    until he or she has executed and furnished to  the  employer,
18    on forms furnished by the Department, a verified statement to
19    be known as "Employee's Statement" setting forth:
20             (A)  The  person's  full  name,  age,  and residence
21        address.
22             (B)  The business or occupation engaged in for the 5
23        years immediately before the date of the execution of the
24        statement, the place where the business or occupation was
25        engaged in, and the names of employers, if any.
26             (C)  That the  person  has  not  had  a  license  or
27        employee registration denied, revoked, or suspended under
28        this Act.
29             (D)  Any conviction of a felony or misdemeanor.
30             (E)  Any  declaration  of incompetence by a court of
31        competent jurisdiction that has not been restored.
32             (F)  Any  dishonorable  discharge  from  the   armed
33        services of the United States.
34             (G)  Any other information as may be required by any
 
SB487 Engrossed             -38-     LRB093 05120 AMC 05180 b
 1        rule  of  the  Department  to  show  the  good character,
 2        competency, and integrity of  the  person  executing  the
 3        statement.
 4        (c)  Each applicant for a permanent employee registration
 5    card  shall  have  his  or  her fingerprints submitted to the
 6    Department of State  Police  in  an  electronic  format  that
 7    complies   with  the  form  and  manner  for  requesting  and
 8    furnishing criminal history record information as  prescribed
 9    by  the  Department of State Police. These fingerprints shall
10    be checked against the Department of State Police and Federal
11    Bureau of Investigation criminal history record databases now
12    and hereafter filed. The Department  of  State  Police  shall
13    charge  applicants  a fee for conducting the criminal history
14    records check, which shall be deposited in the  State  Police
15    Services  Fund  and  shall  not exceed the actual cost of the
16    records check. The Department of State Police  shall  furnish
17    positive  records  of Illinois convictions to the Department.
18    The Department may  require  applicants  to  pay  a  separate
19    fingerprinting  fee,  either to the Department or directly to
20    the vendor. The Department, at its discretion, may  allow  an
21    applicant  who does not have reasonable access to a vendor to
22    provide his  or  her  fingerprints  in  another  manner.  The
23    Department,  at its discretion, may also use other procedures
24    in performing or obtaining  criminal  checks  of  applicants.
25    Instead  of submitting his or her fingerprints, an individual
26    may submit proof that is satisfactory to the Department  that
27    an equivalent security clearance has been conducted. Also, an
28    individual  who  has  retired  as  a  peace officer within 12
29    months of  application  may  submit  verification,  on  forms
30    provided by the Department and signed by his or her employer,
31    of  his  or  her  previous  full-time  employment  as a peace
32    officer.
33        (d)  The Department  shall  issue  a  permanent  employee
34    registration  card,  in  a form the Department prescribes, to
 
SB487 Engrossed             -39-     LRB093 05120 AMC 05180 b
 1    all qualified applicants. The  Department  shall  notify  the
 2    submitting  licensed  agency within 10 days upon the issuance
 3    of or intent to  deny  the  permanent  employee  registration
 4    card.  The  holder  of a permanent employee registration card
 5    shall carry the card at all times while actually  engaged  in
 6    the  performance  of  the  duties  of  his or her employment.
 7    Expiration and requirements for renewal of permanent employee
 8    registration cards  shall  be  established  by  rule  of  the
 9    Department.
10        Possession of a permanent employee registration card does
11    not  in any way imply that the holder of the card is employed
12    by an agency unless the permanent employee registration  card
13    is  accompanied  by the employee identification card required
14    by subsection (f) of this Section.
15        (e)  Each  employer  shall  maintain  a  record  of  each
16    employee  that  is  accessible   to   the   duly   authorized
17    representatives  of  the Department. The record shall contain
18    the following information:
19             (1)  A photograph taken within 10 days of  the  date
20        that  the  employee  begins employment with the employer.
21        The  photograph  shall  be  replaced   with   a   current
22        photograph every 3 calendar years.
23             (2)  The    Employee's    Statement   specified   in
24        subsection (b) of this Section.
25             (3)  All correspondence or documents relating to the
26        character and integrity of the employee received  by  the
27        employer  from  any  official  source  or law enforcement
28        agency.
29             (4)  In the case of former employees,  the  employee
30        identification   card   of   that   person  issued  under
31        subsection (f) of  this  Section.  Each  employee  record
32        shall  duly  note if the employee is employed in an armed
33        capacity. Armed employee files shall contain a copy of an
34        active firearm owner's identification card and a copy  of
 
SB487 Engrossed             -40-     LRB093 05120 AMC 05180 b
 1        an active firearm authorization card. Each employer shall
 2        maintain  a  record  for  each  armed  employee  of  each
 3        instance  in  which  the employee's weapon was discharged
 4        during the course of his or her  professional  duties  or
 5        activities.  The  record  shall  be  maintained  on forms
 6        provided by the Department, a copy of which must be filed
 7        with the Department within 15 days of  an  instance.  The
 8        record shall include the date and time of the occurrence,
 9        the  circumstances  involved  in  the occurrence, and any
10        other information as the Department may require.  Failure
11        to  provide this information to the Department or failure
12        to maintain the record as a part of each armed employee's
13        permanent file is grounds for  disciplinary  action.  The
14        Department,  upon  receipt  of  a  report, shall have the
15        authority  to  make  any   investigation   it   considers
16        appropriate  into  any  occurrence in which an employee's
17        weapon was discharged and to take disciplinary action  as
18        may be appropriate.
19             (5)  The  Department may, by rule, prescribe further
20        record requirements.
21        (f)  Every   employer   shall   furnish    an    employee
22    identification  card  to  each  of his or her employees. This
23    employee  identification  card   shall   contain   a   recent
24    photograph of the employee, the employee's name, the name and
25    agency   license  number  of  the  employer,  the  employee's
26    personal description, the  signature  of  the  employer,  the
27    signature  of  that  employee,  the  date of issuance, and an
28    employee identification card number.
29        (g)  No employer may  issue  an  employee  identification
30    card  to  any  person  who is not employed by the employer in
31    accordance with this Section or falsely  state  or  represent
32    that  a  person  is  or  has been in his or her employ. It is
33    unlawful for an applicant for registered employment  to  file
34    with  the  Department the fingerprints of a person other than
 
SB487 Engrossed             -41-     LRB093 05120 AMC 05180 b
 1    himself or herself.
 2        (h)  Every employer shall obtain the identification  card
 3    of every employee who terminates employment with him or her.
 4        (i)  Every  employer  shall maintain a separate roster of
 5    the names of all employees  currently  working  in  an  armed
 6    capacity and submit the roster to the Department on request.
 7        (j)  No  agency  may  employ  any  person  to  perform  a
 8    licensed  activity under this Act unless the person possesses
 9    a valid permanent  employee  registration  card  or  a  valid
10    license  under  this Act, or is exempt pursuant to subsection
11    (n).
12        (k)  Notwithstanding the provisions of subsection (j), an
13    agency may employ a person in a temporary capacity if all  of
14    the following conditions are met:
15             (1)  The   agency  completes  in  its  entirety  and
16        submits to the Department an application for a  permanent
17        employee   registration   card,  including  the  required
18        fingerprint receipt and fees.
19             (2)  The agency has verification from the Department
20        that  the  applicant  has  no  record  of  any   criminal
21        conviction   pursuant   to  the  criminal  history  check
22        conducted by the Department of State Police.  The  agency
23        shall  maintain  the  verification  of the results of the
24        Department of State Police criminal history check as part
25        of the employee record as required under  subsection  (e)
26        of this Section.
27             (3)  The  agency  exercises  due diligence to ensure
28        that the person is qualified under  the  requirements  of
29        the  Act  to  be issued a permanent employee registration
30        card.
31             (4)  The agency maintains a separate roster  of  the
32        names  of  all employees whose applications are currently
33        pending with the Department and submits the roster to the
34        Department  on  a  monthly  basis.  Rosters  are  to   be
 
SB487 Engrossed             -42-     LRB093 05120 AMC 05180 b
 1        maintained  by  the  agency  for  a period of at least 24
 2        months.
 3        An agency may employ only a permanent employee  applicant
 4    for   which   it   either   submitted  a  permanent  employee
 5    application and all required forms and fees  or  it  confirms
 6    with the Department that a permanent employee application and
 7    all  required  forms  and fees have been submitted by another
 8    agency, licensee or the  permanent  employee  and  all  other
 9    requirements of this Section are met.
10        The  Department  shall  have  the  authority  to  revoke,
11    without  a  hearing, the temporary authority of an individual
12    to work upon  receipt  of  Federal  Bureau  of  Investigation
13    fingerprint  data  or  a report of another official authority
14    indicating a criminal conviction. If the Department  has  not
15    received   a   temporary   employee's   Federal   Bureau   of
16    Investigation  fingerprint  data  within 120 days of the date
17    the  Department  received  the  Department  of  State  Police
18    fingerprint data, the  Department  may,  at  its  discretion,
19    revoke  the  employee's  temporary  authority to work with 15
20    days written notice  to  the  individual  and  the  employing
21    agency.
22        An agency may not employ a person in a temporary capacity
23    if  it  knows or reasonably should have known that the person
24    has been convicted of a crime under the laws of  this  State,
25    has  been  convicted  in another state of any crime that is a
26    crime under the laws of this State, has been convicted of any
27    crime in a federal court, or has been posted as an unapproved
28    applicant by the Department. Notice by the Department to  the
29    agency,  via  certified  mail,  personal delivery, electronic
30    mail, or posting on the Department's Internet site accessible
31    to the agency that the person has been convicted of  a  crime
32    shall  be  deemed constructive knowledge of the conviction on
33    the part of the agency.
34        The  Department  may  adopt  rules  to   implement   this
 
SB487 Engrossed             -43-     LRB093 05120 AMC 05180 b
 1    subsection (k).
 2        (l)  No  person may be employed under this Section in any
 3    capacity if:
 4             (1)  the person, while so employed, is being paid by
 5        the United States or any political  subdivision  for  the
 6        time  so  employed  in addition to any payments he or she
 7        may receive from the employer; or
 8             (2)  the person wears any  portion  of  his  or  her
 9        official uniform, emblem of authority, or equipment while
10        so employed.
11        (m)  If   information   is   discovered   affecting   the
12    registration  of  a  person whose fingerprints were submitted
13    under this Section, the Department shall so notify the agency
14    that submitted the fingerprints on behalf of that person.
15        (n)  Peace officers shall be exempt from the requirements
16    of this Section relating to permanent  employee  registration
17    cards.  The  agency  shall  remain  responsible for any peace
18    officer employed under this exemption, regardless of  whether
19    the  peace  officer  is  compensated  as an employee or as an
20    independent contractor and as further defined by rule.
21        (o)  Persons  who  have  no  access  to  confidential  or
22    security  information  and  who  otherwise  do  not   provide
23    traditional   security  services  are  exempt  from  employee
24    registration. Examples of exempt employees include,  but  are
25    not  limited to, employees working in the capacity of ushers,
26    directors, ticket takers, cashiers,  drivers,  and  reception
27    personnel. Confidential or security information is that which
28    pertains  to employee files, scheduling, client contracts, or
29    technical security and alarm data.

30        Section 35-35.  Requirement of  a  firearm  authorization
31    card.
32        (a)  No person shall perform duties that include the use,
33    carrying,  or  possession  of a firearm in the performance of
 
SB487 Engrossed             -44-     LRB093 05120 AMC 05180 b
 1    those duties without complying with the  provisions  of  this
 2    Section  and having been issued a valid firearm authorization
 3    card by the Department.
 4        (b)  No employer shall employ any person to  perform  the
 5    duties  for which employee registration is required and allow
 6    that person  to  carry  a  firearm  unless  that  person  has
 7    complied  with  all the firearm training requirements of this
 8    Section and has been issued  a  firearm  authorization  card.
 9    This  Act  permits only the following to carry firearms while
10    actually engaged in the performance of their duties or  while
11    commuting  directly  to  or  from their places of employment:
12    persons licensed as private detectives and  their  registered
13    employees;  persons  licensed as private security contractors
14    and their registered employees; persons licensed  as  private
15    alarm   contractors   and  their  registered  employees;  and
16    employees of a registered armed proprietary security force.
17        (c)  Possession of a  valid  firearm  authorization  card
18    allows   an   employee  to  carry  a  firearm  not  otherwise
19    prohibited by law  while  the  employee  is  engaged  in  the
20    performance  of  his  or  her duties or while the employee is
21    commuting directly to or from the employee's place or  places
22    of  employment, provided that this is accomplished within one
23    hour from departure from home or place of employment.
24        (d)  The Department shall issue a  firearm  authorization
25    card  to a person who has passed an approved firearm training
26    course, who is currently employed by an  agency  licensed  by
27    this  Act  and  has met all the requirements of this Act, and
28    who possesses a  valid  firearm  owner  identification  card.
29    Application  for the firearm authorization card shall be made
30    by the employer to the Department on forms  provided  by  the
31    Department.  The  Department  shall  forward  the card to the
32    employer who shall be responsible for  its  issuance  to  the
33    employee.  The  firearm authorization card shall be issued by
34    the Department and shall identify the person holding  it  and
 
SB487 Engrossed             -45-     LRB093 05120 AMC 05180 b
 1    the  name  of  the course where the employee received firearm
 2    instruction and shall specify the type of weapon  or  weapons
 3    the  person  is authorized by the Department to carry and for
 4    which the person has been trained.
 5        (e)  Expiration and requirements for renewal  of  firearm
 6    authorization cards shall be determined by rule.
 7        (f)  The   Department  may,  in  addition  to  any  other
 8    disciplinary action permitted by this Act, refuse  to  issue,
 9    suspend,  or  revoke  a  firearm  authorization  card  if the
10    applicant or holder has been convicted of any felony or crime
11    involving the illegal  use,  carrying,  or  possession  of  a
12    deadly  weapon  or  for  a  violation  of  this  Act or rules
13    promulgated under this Act. The Department  shall  refuse  to
14    issue  or  shall  revoke  a firearm authorization card if the
15    applicant or holder fails to possess a valid  firearm  owners
16    identification  card.  The Director shall summarily suspend a
17    firearm authorization card if the  Director  finds  that  its
18    continued  use  would  constitute  an  imminent danger to the
19    public. A hearing shall be held before the  Board  within  30
20    days   if   the   Director   summarily   suspends  a  firearm
21    authorization card.
22        (g)  The  Department  shall  promulgate  rules  for   the
23    expedited   issuance   of   firearm  authorization  cards  to
24    registered employees who hold a valid  firearm  authorization
25    card  and on whose behalf another agency is applying due to a
26    change in employment by the registered employee.

27        Section    35-40.  Firearm    authorization;     training
28    requirements.
29        (a)  The  Department  shall, pursuant to rule, approve or
30    disapprove training programs for the firearm training course,
31    which  shall   be   taught   by   a   qualified   instructor.
32    Qualifications  for  instructors  shall  be  set by rule. The
33    firearm training course shall be conducted by entities, by  a
 
SB487 Engrossed             -46-     LRB093 05120 AMC 05180 b
 1    licensee,  or by an agency licensed by this Act, provided the
 2    course is approved by  the  Department.  The  firearm  course
 3    shall consist of the following minimum requirements:
 4             (1)  40  hours  of training, 20 hours of which shall
 5        be as described in Sections 15-20, 20-20,  or  25-20,  as
 6        applicable,  and  20  hours of which shall include all of
 7        the following:
 8                  (A)  Instruction in the dangers of  and  misuse
 9             of  firearms,  their storage, safety rules, and care
10             and cleaning of firearms.
11                  (B)  Practice  firing  on  a  range  with  live
12             ammunition.
13                  (C)  Instruction in the legal use of firearms.
14                  (D)  A presentation of the  ethical  and  moral
15             considerations   necessary   for   any   person  who
16             possesses a firearm.
17                  (E)  A review of  the  laws  regarding  arrest,
18             search, and seizure.
19                  (F)  Liability  for  acts that may be performed
20             in the course of employment.
21             (2)  An examination shall be given at the completion
22        of  the  course.  The  examination  shall  consist  of  a
23        firearms qualification course and a written examination.
24        (b)  The firearm training requirement may be  waived  for
25    an  employee  who  has  completed  training  provided  by the
26    Illinois Law Enforcement  Training  Standards  Board  or  the
27    equivalent   public   body   of   another   state,   provided
28    documentation  showing requalification with the weapon on the
29    firing range is submitted to the Department.

30        Section 35-45.  Armed proprietary security force.
31        (a)  All financial institutions that employ one  or  more
32    armed  security  guards  and  all  commercial  or  industrial
33    operations  that  employ  5 or more persons as armed security
 
SB487 Engrossed             -47-     LRB093 05120 AMC 05180 b
 1    guards  shall  register  their  security  forces   with   the
 2    Department on forms provided by the Department.
 3        (b)  All  armed  security  employees  of  the  registered
 4    proprietary  security  force  must  complete  a 20-hour basic
 5    training course and 20-hour firearm training.
 6        (c)  Every proprietary  security  force  is  required  to
 7    apply to the Department, on forms supplied by the Department,
 8    for a firearm authorization card for each armed employee.
 9        (d)  The   Department   may   provide   rules   for   the
10    administration of this Section.

11                ARTICLE 40. DISCIPLINARY PROVISIONS.

12        Section  40-5.  Injunctive  relief.  The  practice  of  a
13    private detective, private security contractor, private alarm
14    contractor,  locksmith,  private  detective  agency,  private
15    security  contractor agency, private alarm contractor agency,
16    or locksmith agency by any person, firm, or other entity that
17    has not been issued a license  by  the  Department  or  whose
18    license has been suspended, revoked, or not renewed is hereby
19    declared  to be inimical to the public safety and welfare and
20    to constitute a public nuisance.
21        The Director, through the Attorney General,  the  State's
22    Attorney  of  any  county,  any resident of the State, or any
23    legal entity within the State may apply for injunctive relief
24    in any court to enjoin any person, firm, or other entity that
25    has not been issued a  license  or  whose  license  has  been
26    suspended, revoked, or not renewed from conducting a licensed
27    activity. Upon the filing of a verified petition in court, if
28    satisfied by affidavit or otherwise that the person, firm, or
29    other   entity  is  or  has  been  conducting  activities  in
30    violation of this  Act,  the  court  may  enter  a  temporary
31    restraining  order  or  preliminary injunction, without bond,
32    enjoining the defendant from further activity. A copy of  the
 
SB487 Engrossed             -48-     LRB093 05120 AMC 05180 b
 1    verified complaint shall be served upon the defendant and the
 2    proceedings  shall  be  conducted as in civil cases. If it is
 3    established  the  defendant  has  been   or   is   conducting
 4    activities  in  violation  of this Act, the court may enter a
 5    judgment enjoining the defendant from that activity. In  case
 6    of  violation  of  any  injunctive  order or judgment entered
 7    under this Section, the court may  punish  the  offender  for
 8    contempt   of  court.  Injunctive  proceedings  shall  be  in
 9    addition to all other penalties under this Act.

10        Section 40-10.  Disciplinary sanctions.
11        (a)  The Department may deny issuance, refuse  to  renew,
12    or  restore or may reprimand, place on probation, suspend, or
13    revoke  any   license,   registration,   permanent   employee
14    registration  card, or firearm authorization card, and it may
15    impose a fine not to exceed $1,500 for a first violation  and
16    not to exceed $5,000 for a second or subsequent violation for
17    any of the following:
18             (1)  Fraud  or deception in obtaining or renewing of
19        a license or registration.
20             (2)  Professional incompetence as manifested by poor
21        standards of service.
22             (3)  Engaging   in   dishonorable,   unethical,   or
23        unprofessional conduct of a character likely to  deceive,
24        defraud, or harm the public.
25             (4)  Conviction  in Illinois or another state of any
26        crime that is a felony under  the  laws  of  Illinois;  a
27        felony  in  a  federal court; a misdemeanor, an essential
28        element of which is dishonesty; or  directly  related  to
29        professional practice.
30             (5)  Performing  any services in a grossly negligent
31        manner or permitting any of  a  licensee's  employees  to
32        perform   services   in   a   grossly  negligent  manner,
33        regardless of whether actual  damage  to  the  public  is
 
SB487 Engrossed             -49-     LRB093 05120 AMC 05180 b
 1        established.
 2             (6)  Continued  practice,  although the licensee has
 3        become unfit to practice due to any of the following:
 4                  (A)  Physical  illness,  including,   but   not
 5             limited  to, deterioration through the aging process
 6             or  loss  of  motor  skills  that  results  in   the
 7             inability   to  serve  the  public  with  reasonable
 8             judgment, skill, or safety.
 9                  (B)  Mental  disability  demonstrated  by   the
10             entry  of  an  order  or  judgment by a court that a
11             licensee is  in  need  of  mental  treatment  or  is
12             incompetent.
13                  (C)  Addiction  to  or dependency on alcohol or
14             drugs that is likely to endanger the public. If  the
15             Department  has  reasonable  cause to believe that a
16             licensee is addicted to or dependent on  alcohol  or
17             drugs  that  may endanger the public, the Department
18             may require the licensee to undergo  an  examination
19             to   determine   the  extent  of  the  addiction  or
20             dependency.
21             (7)  Receiving, directly or indirectly, compensation
22        for any services not rendered.
23             (8)  Willfully deceiving or defrauding the public on
24        a material matter.
25             (9)  Failing to account for or remit any  moneys  or
26        documents illegally coming into the licensee's possession
27        that belong to another person or entity.
28             (10)  Discipline   by   a  federal  jurisdiction  or
29        foreign nation, if at least one of the  grounds  for  the
30        discipline  is  the  same  or substantially equivalent to
31        those set forth in this Act.
32             (11)  Giving differential treatment to a person that
33        is to that person's detriment  because  of  race,  color,
34        creed, sex, religion, or national origin.
 
SB487 Engrossed             -50-     LRB093 05120 AMC 05180 b
 1             (12)  Engaging in false or misleading advertising.
 2             (13)  Aiding,  assisting,  or  willingly  permitting
 3        another  person  to violate this Act or rules promulgated
 4        under it.
 5             (14)  Performing and charging for  services  without
 6        authorization   to  do  so  from  the  person  or  entity
 7        serviced.
 8             (15)  Directly or indirectly offering  or  accepting
 9        any  benefit to or from any employee, agent, or fiduciary
10        without the consent of the latter's employer or principal
11        with intent to or the understanding that this action will
12        influence his or her conduct in relation to  his  or  her
13        employer's or principal's affairs.
14             (16)  Violation of any disciplinary order imposed on
15        a licensee by the Department.
16             (17)  Failing  to  comply with any provision of this
17        Act or rule promulgated under it.
18             (18)  Conducting an agency without a valid license.
19             (19)  Revealing confidential information, except  as
20        required by law, including but not limited to information
21        available  under  Section  2-123  of the Illinois Vehicle
22        Code.
23             (20)  Failing to make available to  the  Department,
24        upon  request,  any  books, records, or forms required by
25        this Act.
26             (21)  Failing, within  30  days,  to  respond  to  a
27        written request for information from the Department.
28             (22)  Failing  to  provide employment information or
29        experience  information  required   by   the   Department
30        regarding an applicant for licensure.
31             (23)  Failing to make available to the Department at
32        the  time  of  the  request  any  indicia of licensure or
33        registration issued under this Act.
34             (24)  The Department shall seek to be consistent  in
 
SB487 Engrossed             -51-     LRB093 05120 AMC 05180 b
 1        the application of disciplinary sanctions.

 2        Section  40-15.  Suspension  or  revocation  of permanent
 3    employee  registration  card.   Individuals   registered   as
 4    employees pursuant to the provisions of Section 35-30 of this
 5    Act  shall  be  subject to the disciplinary sanctions of this
 6    Act and shall otherwise comply with this Act  and  the  rules
 7    promulgated  under it. Notwithstanding any other provision in
 8    this Act to the contrary, registered employees of  an  agency
 9    shall  not be responsible for compliance with any requirement
10    that this Act assigns to the agency or the licensee-in-charge
11    regardless of  the  employee's  job  title,  job  duties,  or
12    position  in  the  agency.  The procedures for disciplining a
13    licensee  shall  also  apply  in  taking  action  against   a
14    registered employee.

15        Section  40-20.  Confidential information; violation. Any
16    person who is or has been an employee of a licensee shall not
17    divulge to anyone, other than to his or her employer,  except
18    as  required  by  law  or  at  his  employer's direction, any
19    confidential or proprietary information acquired  during  his
20    or  her  employment. Any individual who violates this Section
21    or who files false papers or reports to his or  her  employer
22    is guilty of a Class A misdemeanor.

23        Section   40-30.  Submission   to   physical   or  mental
24    examination.  The  Department  may  order  a  licensee  or  a
25    registrant to submit  to  a  reasonable  physical  or  mental
26    examination   if  the  licensee  or  registrant's  mental  or
27    physical  capacity  to  work  safely  is  an   issue   in   a
28    disciplinary   proceeding.   The   failure  to  submit  to  a
29    Director's order to submit to a reasonable mental or physical
30    exam shall constitute a violation of this Act subject to  the
31    disciplinary provisions in Section 40-10.
 
SB487 Engrossed             -52-     LRB093 05120 AMC 05180 b
 1        Section  40-35.  Insufficient funds; checks. A person who
 2    delivers a check or other payment to the Department  that  is
 3    returned   to   the   Department   unpaid  by  the  financial
 4    institution  upon  which  it  was  drawn  shall  pay  to  the
 5    Department, in addition to the amount already owed, a penalty
 6    of $50. The Department shall notify the person, by  certified
 7    mail  return  receipt  requested,  that  his  or her check or
 8    payment was returned and that the person  shall  pay  to  the
 9    Department  by  certified  check or money order the amount of
10    the returned check plus a $50 penalty within 30 calendar days
11    after the date of the notification. If, after the  expiration
12    of  30  calendar  days  of  the  notification, the person has
13    failed  to  remit  the  necessary  funds  and  penalty,   the
14    Department  shall automatically terminate the license or deny
15    the application without a hearing. If the returned  check  or
16    other  payment  was  for issuance of a license under this Act
17    and that person practices as a licensee, that person  may  be
18    subject  to discipline for unlicensed practice as provided in
19    this Act. If, after termination or denial, the person seeks a
20    license,  he  or  she  shall  petition  the  Department   for
21    restoration  and  he  or  she  may  be  subject to additional
22    discipline or fines. The Director may waive the penalties  or
23    fines  due  under  this Section in individual cases where the
24    Director  finds  that  the  penalties  or  fines   would   be
25    unreasonable or unnecessarily burdensome.

26        Section  40-40.  Disciplinary action for educational loan
27    defaults. The Department shall  deny  a  license  or  renewal
28    authorized  by  this  Act to a person who has defaulted on an
29    educational loan or scholarship provided or guaranteed by the
30    Illinois Student Assistance Commission  or  any  governmental
31    agency  of  this State. The Department may issue a license or
32    renewal  if  the  person  has  established   a   satisfactory
33    repayment  record  as  determined  by  the  Illinois  Student
 
SB487 Engrossed             -53-     LRB093 05120 AMC 05180 b
 1    Assistance   Commission  or  other  appropriate  governmental
 2    agency of this State. Additionally, a license issued  by  the
 3    Department may be suspended or revoked if the Director, after
 4    the  opportunity for a hearing under this Act, finds that the
 5    licensee has failed to make  satisfactory  repayment  to  the
 6    Illinois  Student  Assistance  Commission for a delinquent or
 7    defaulted loan.

 8        Section 40-45.  Nonpayment of  child  support.  In  cases
 9    where  the  Department of Public Aid or any circuit court has
10    previously determined that a licensee or a potential licensee
11    is more than 30 days  delinquent  in  the  payment  of  child
12    support and has subsequently certified the delinquency to the
13    Department,  the  Department  may refuse to issue or renew or
14    may revoke or suspend that person's license or may take other
15    disciplinary action against that person based solely upon the
16    certification of delinquency made by the Department of Public
17    Aid or a circuit court. Redetermination of the delinquency by
18    the Department shall not be required. In cases regarding  the
19    renewal  of  a  license,  the  Department shall not renew any
20    license if the Department of Public Aid or  a  circuit  court
21    has certified the licensee to be more than 30 days delinquent
22    in  the  payment  of  child  support, unless the licensee has
23    arranged for  payment  of  past  and  current  child  support
24    obligations  in  a  manner  satisfactory to the Department of
25    Public Aid  or  circuit  court.  The  Department  may  impose
26    conditions,  restrictions  or  disciplinary  action upon that
27    renewal in accordance with Section 40-10 of this Act.

28        Section  40-50.  Failure  to  file  a  tax  return.   The
29    Department  may refuse to issue or may suspend the license of
30    any person, firm, or other entity that fails to  file  a  tax
31    return,  to  pay a tax, penalty, or interest shown in a filed
32    return, or to pay any final assessment of a tax, penalty,  or
 
SB487 Engrossed             -54-     LRB093 05120 AMC 05180 b
 1    interest,   as  required  by  any  law  administered  by  the
 2    Department of Revenue until the requirements of the  law  are
 3    satisfied  or  a  repayment  agreement with the Department of
 4    Revenue has been entered into.

 5          ARTICLE 45. INVESTIGATION AND HEARING PROVISIONS.

 6        Section   45-10.  Complaints    investigated    by    the
 7    Department.
 8        (a)  The  Department  shall  investigate  all  complaints
 9    concerning   violations  regarding  licensees  or  unlicensed
10    activity.
11        (b)  Following an investigation, the Department may  file
12    formal charges against the licensee. The formal charges shall
13    inform  the  licensee  of the facts that are the basis of the
14    charges with enough specificity to  enable  the  licensee  to
15    prepare an intelligent defense.
16        (c)  Each  licensee  whose  conduct  is  the subject of a
17    formal  charge  that  seeks  to  impose  disciplinary  action
18    against the licensee shall be served notice of that charge at
19    least 30 days before the date of  the  hearing.  The  hearing
20    shall  be  presided  over  by  a Board member or by a hearing
21    officer  authorized  by  the  Department.  Service  shall  be
22    considered to have been given if the  notice  was  personally
23    received  by  the  licensee  or  if  the notice was mailed by
24    certified mail, return receipt requested, to the licensee  at
25    the licensee's address on file with the Department.
26        (d)  The  notice  of  formal charges shall consist of the
27    following information:
28             (1)  The time, place, and date of the hearing.
29             (2)  That the licensee shall  appear  personally  at
30        the hearing and may be represented by counsel.
31             (3)  That  the  licensee  may  produce witnesses and
32        evidence on his or  her  behalf  and  has  the  right  to
 
SB487 Engrossed             -55-     LRB093 05120 AMC 05180 b
 1        cross-examine witnesses and evidence produced against him
 2        or her.
 3             (4)  That  the  hearing could result in disciplinary
 4        action.
 5             (5)  That rules for  the  conduct  of  hearings  are
 6        available from the Department.
 7             (6)  That   a  hearing  officer  authorized  by  the
 8        Department shall conduct the hearing and,  following  the
 9        conclusion  of that hearing, shall make findings of fact,
10        conclusions  of  law,  and  recommendations,   separately
11        stated,  to  the Director as to what disciplinary action,
12        if any, should be imposed on the licensee.
13             (7)  That the licensee shall file a  written  answer
14        to  the  Board  within  20  days after the service of the
15        notice and if the  licensee  fails  to  file  an  answer,
16        default will be taken and the license may be reprimanded,
17        suspended,  revoked, or placed on probationary status, as
18        the Director may deem appropriate.

19        Section 45-15.  Hearing; rehearing; public record.
20        (a)  The Board or the hearing officer authorized  by  the
21    Department  shall  hear  evidence  in  support  of the formal
22    charges  and  evidence  produced  by  the  licensee.  At  the
23    conclusion of the hearing, the Board shall make  findings  of
24    fact, conclusions of law, and recommendations and submit them
25    to the Director and to all parties to the proceeding.
26        (b)  The  Board's  findings  of fact, conclusions of law,
27    and recommendations shall be served on the  licensee  in  the
28    same  manner  as  was  the  service  of  the notice of formal
29    charges. Within 20 days after the service, any party  to  the
30    proceeding  may present to the Director a motion, in writing,
31    specifying the grounds for a rehearing or reconsideration  of
32    the decision or sanctions.
33        (c)  The  Director, following the time allowed for filing
 
SB487 Engrossed             -56-     LRB093 05120 AMC 05180 b
 1    a motion for rehearing or reconsideration, shall  review  the
 2    Board's   findings   of   fact,   conclusions   of   law  and
 3    recommendations and any  subsequently  filed  motions.  After
 4    review  of  the  information,  the  Director  may  hear  oral
 5    arguments  and thereafter shall issue an order. The report of
 6    findings of fact, conclusions of law and  recommendations  of
 7    the  Board  shall be the basis for the Department's order. If
 8    the Director finds that substantial justice was not done, the
 9    Director may issue an order in contravention of  the  Board's
10    recommendations.  The  Director  shall  promptly  provide the
11    Board with a written explanation of any deviation  and  shall
12    specify the reasons for the action. The findings of the Board
13    and  the  Director are not admissible as evidence against the
14    person in a criminal prosecution brought for the violation of
15    this Act.
16        (d)  All proceedings under this Section  are  matters  of
17    public record and shall be preserved.
18        (e)  Upon  the suspension or revocation of a license, the
19    licensee shall surrender the license to the  Department  and,
20    upon failure to do so, the Department shall seize the same.

21        Section  45-20.  Temporary  suspension  of a license. The
22    Director may temporarily suspend a license without a hearing,
23    simultaneously with the initiation of  the  procedure  for  a
24    hearing  provided for in this Act, if the Director finds that
25    evidence indicates that a licensee's continuation in business
26    would constitute an imminent danger to  the  public.  If  the
27    Director  temporarily suspends a license without a hearing, a
28    hearing by the Department shall be held within 30 days  after
29    the suspension has occurred or the temporary suspension shall
30    be rescinded.

31        Section 45-25.  Disposition by consent order. Disposition
32    may be made of any formal charge by consent order between the
 
SB487 Engrossed             -57-     LRB093 05120 AMC 05180 b
 1    Department  and  the licensee. The Board shall be apprised of
 2    the consent order at its  next  meeting  and  shall  promptly
 3    submit its view of the consent order to the Department.

 4        Section 45-30.  Restoration of license after disciplinary
 5    proceedings.  The  Department  shall reinstate any license to
 6    good standing upon a  recommendation  by  the  Board  to  the
 7    Director  after a hearing before a hearing officer authorized
 8    by the Department.

 9        Section 45-35.  Cease and  desist  orders.  Whenever  the
10    Department  believes  a  person,  firm,  or  other entity has
11    violated any provision of Section 10-5,  the  Department  may
12    issue  a  rule to show cause why an order to cease and desist
13    should not be entered against that  person,  firm,  or  other
14    entity.  The  rule shall clearly set forth the grounds relied
15    upon by the Department. The respondent shall be given 21 days
16    from the date of mailing of the rule to respond. The  failure
17    by  the  respondent  to  respond  to a rule to show cause may
18    result in an order to cease and desist to be  issued  by  the
19    Director immediately.

20        Section    45-40.  Administrative   review.   All   final
21    administrative decisions of the Department, as defined in the
22    Code of Civil Procedure, are subject to judicial review under
23    the Code of Civil Procedure.  The  proceedings  for  judicial
24    review  shall be commenced in the circuit court of the county
25    in which the party applying for review resides. If the  party
26    is not a resident of Illinois, the venue shall be in Sangamon
27    County.  The  Department shall not be required to certify any
28    record to the court  or  to  file  any  answer  in  court  or
29    otherwise   appear   in   any  court  in  a  judicial  review
30    proceeding, unless there is  filed  in  the  court  with  the
31    complaint,   a  receipt  from  the  Department  acknowledging
 
SB487 Engrossed             -58-     LRB093 05120 AMC 05180 b
 1    payment of the costs of furnishing and certifying the record,
 2    computed at the cost of preparing the record. Exhibits  shall
 3    be  certified without cost. Failure by the licensee to file a
 4    receipt in court is grounds  for  dismissal  of  the  action.
 5    During  all  judicial  proceedings relating to a disciplinary
 6    action,  the  sanction  imposed  upon  a  licensee   by   the
 7    Department   shall   remain   in  effect,  unless  the  court
 8    determines justice requires a stay of the order.

 9        Section 45-45.  Prima facie proof. An order of revocation
10    or suspension or placing a license on probationary status  or
11    other  disciplinary  action  as  the  Department may consider
12    proper or a certified copy thereof,  over  the  seal  of  the
13    Department  and  purporting  to be signed by the Director, is
14    prima facie proof that:
15             (1)  the signature is that of the Director;
16             (2)  the Director is qualified to act; and
17             (3)  the members of the Board are qualified to act.

18        Section 45-50.  Unlicensed practice; fraud in obtaining a
19    license.
20        (a)  A  person  who  violates  any   of   the   following
21    provisions shall be guilty of a Class A misdemeanor; a person
22    who  commits  a  second  or  subsequent  violation  of  these
23    provisions is guilty of a Class 4 felony:
24             (1)  The  practice  of  or  attempted practice of or
25        holding  out  as  available  to  practice  as  a  private
26        detective, private  security  contractor,  private  alarm
27        contractor, or locksmith without a license.
28             (2)  Operation  of  or  attempt to operate a private
29        detective agency,  private  security  contractor  agency,
30        private  alarm  contractor  agency,  or  locksmith agency
31        without ever having been issued a valid agency license.
32             (3)  The obtaining of or the attempt to  obtain  any
 
SB487 Engrossed             -59-     LRB093 05120 AMC 05180 b
 1        license   or  authorization  issued  under  this  Act  by
 2        fraudulent misrepresentation.
 3        (b)  Whenever a licensee is convicted of a felony related
 4    to the violations set forth in this Section, the clerk of the
 5    court  in  any  jurisdiction  shall   promptly   report   the
 6    conviction   to  the  Department  and  the  Department  shall
 7    immediately  revoke  any  license  as  a  private  detective,
 8    private security contractor,  private  alarm  contractor,  or
 9    locksmith  held by that licensee. The individual shall not be
10    eligible for licensure until at least 10 years  have  elapsed
11    since  the  time  of full discharge from any sentence imposed
12    for a felony conviction. If any person in making any oath  or
13    affidavit  required by this Act swears falsely, the person is
14    guilty of perjury and may be punished accordingly.
15        (c)  In addition to any other penalty provided by law,  a
16    person who violates any provision of this Section shall pay a
17    civil  penalty  to  the Department in an amount not to exceed
18    $5,000 for each offense, as determined by the Department. The
19    civil penalty shall be imposed in accordance with this Act.

20        Section 45-55.  Subpoenas.
21        (a)  The Department may subpoena and bring before it  any
22    person  to  take  the testimony with the same fees and in the
23    same manner as prescribed in civil cases.
24        (b)  Any court, upon the application of the  licensee  or
25    Department  may  petition  a circuit court for enforcement of
26    the subpoena. The circuit court may compel obedience  to  its
27    order  for  enforcement  of  the  subpoena  as in other civil
28    matters.
29        (c)  The Director, the hearing  officer  or  a  certified
30    shorthand  court reporter may administer oaths at any hearing
31    the Department conducts. Notwithstanding any other statute or
32    Department rule to the contrary, all requests for  testimony,
33    production  of  documents  or  records  shall  be strictly in
 
SB487 Engrossed             -60-     LRB093 05120 AMC 05180 b
 1    accordance with this Act.

 2        Section 45-60.  Stenographers.  The  Department,  at  its
 3    expense, shall provide a stenographer to preserve a record of
 4    all  hearing  and pre-hearing proceedings if a license may be
 5    revoked, suspended, or   placed  on  probationary  status  or
 6    other  disciplinary  action  is taken. The notice of hearing,
 7    the complaint, all other documents in the nature of pleadings
 8    and written motions filed in the proceedings, the  transcript
 9    of  testimony, the report of the Board, and the orders of the
10    Department shall constitute the record  of  the  proceedings.
11    The  Department shall furnish a transcript of the record upon
12    payment of the costs of copying and transmitting the record.

13               ARTICLE 50. ADMINISTRATIVE PROVISIONS.

14        Section  50-5.  Personnel;  investigators.  The  Director
15    shall employ, pursuant to the Personnel Code, personnel, on a
16    full-time or part-time basis, for the  effective  enforcement
17    of  this  Act.  Each  investigator  shall have a minimum of 2
18    years  investigative  experience  out  of   the   immediately
19    preceding 5 years. No investigator may hold an active license
20    issued  pursuant  to this Act, nor may an investigator have a
21    financial interest in a business  licensed  under  this  Act.
22    This  prohibition, however, does not apply to an investigator
23    holding stock in a business licensed under this Act, provided
24    the investigator does not hold more than 5% of the  stock  in
25    the  business.  Any  person  licensed  under  this Act who is
26    employed by the Department shall surrender his or her license
27    to the Department for the duration of  that  employment.  The
28    licensee   shall  be  exempt  from  all  renewal  fees  while
29    employed. While employed by the Department, the  licensee  is
30    not  required  to  maintain  the  general liability insurance
31    coverage required by this Act.
 
SB487 Engrossed             -61-     LRB093 05120 AMC 05180 b
 1        Section 50-10.  The Private Detective, Private  Security,
 2    Private Alarm, and Locksmith Board.
 3        (a)  The  Private  Detective,  Private  Security, Private
 4    Alarm, and  Locksmith  Board  shall  consist  of  11  members
 5    appointed by the Director and comprised of 2 licensed private
 6    detectives,   3  licensed  private  security  contractors,  2
 7    licensed private alarm contractors,  2  licensed  locksmiths,
 8    one  public  member  who  is not licensed or registered under
 9    this Act and who has no connection with a  business  licensed
10    under  this  Act,  and  one member representing the employees
11    registered under this Act. Each member shall be a resident of
12    Illinois. Each licensed member shall have at  least  5  years
13    experience  as  a  licensee in the professional area in which
14    the person is licensed and be in good standing  and  actively
15    engaged  in  that  profession.  In  making  appointments, the
16    Director  shall   consider   the   recommendations   of   the
17    professionals and the professional organizations representing
18    the  licensees.  The  membership shall reasonably reflect the
19    different geographic areas in Illinois.
20        (b)  Members shall serve 4-year terms and may serve until
21    their successors are appointed. No  member  shall  serve  for
22    more  than 2 successive terms. Appointments to fill vacancies
23    shall be made in the same manner as the original appointments
24    for the unexpired portion of the vacated term. Members of the
25    Board in office on the effective date of this Act pursuant to
26    the Private Detective, Private Alarm, Private  Security,  and
27    Locksmith  Act  of 1993 shall serve for the duration of their
28    terms and may be appointed for one additional term.
29        (c)  A member of the Board may be removed  for  cause.  A
30    member  subject  to  formal  disciplinary  proceedings  shall
31    disqualify  himself  or herself from all Board business until
32    the charge  is  resolved.  A  member  also  shall  disqualify
33    himself or herself from any matter on which the member cannot
34    act objectively.
 
SB487 Engrossed             -62-     LRB093 05120 AMC 05180 b
 1        (d)  Members  shall  receive  compensation as set by law.
 2    Each  member  shall  receive  reimbursement  as  set  by  the
 3    Governor's Travel Control  Board  for  expenses  incurred  in
 4    carrying out the duties as a Board member.
 5        (e)  A  majority of Board members constitutes a quorum. A
 6    majority vote of the quorum is required for a decision.
 7        (f)  The  Board  shall  elect  a  chairperson  and   vice
 8    chairperson.
 9        (g)  Board   members  are  not  liable  for  their  acts,
10    omissions, decisions, or other  conduct  in  connection  with
11    their  duties  on  the  Board,  except those determined to be
12    willful, wanton, or intentional misconduct.
13        (h)  The Board may recommend  policies,  procedures,  and
14    rules  relevant to the administration and enforcement of this
15    Act.

16        Section 50-15.  Powers and duties of the Department.
17        (a)  The Department shall exercise the powers and  duties
18    prescribed  by  the Civil Administrative Code of Illinois and
19    shall exercise all other powers and duties set forth in  this
20    Act.
21        (b)  The  Director shall prescribe forms to be issued for
22    the administration and enforcement of this Act.

23        Section  50-20.  Rules.  The  Department  may  promulgate
24    rules for the administration and enforcement of this Act. The
25    rules shall include standards  for  registration,  licensure,
26    professional  conduct,  and  discipline. The Department shall
27    consult with  the  Board  prior  to  promulgating  any  rule.
28    Proposed  rules shall be transmitted, prior to publication in
29    the Illinois Register, to the Board and the Department  shall
30    review the Board's recommendations and shall notify the Board
31    with  an  explanation  of  any  deviations  from  the Board's
32    recommendations.
 
SB487 Engrossed             -63-     LRB093 05120 AMC 05180 b
 1        Section 50-25.  Home rule. Pursuant to paragraph  (h)  of
 2    Section  6  of  Article  VII  of the Illinois Constitution of
 3    1970, the power to regulate the  private  detective,  private
 4    security,  private  alarm,  or  locksmith  business  or their
 5    employees shall be exercised exclusively by the State and may
 6    not be exercised by any unit of local  government,  including
 7    home rule units.

 8        Section  50-30.  Deposit  of  fees  and fines. All of the
 9    fees and fines collected under this Act  shall  be  deposited
10    into the General Professions Dedicated Fund.

11        Section   50-35.  Rosters.  The  Department  shall,  upon
12    request and payment of the fee, provide a list of  the  names
13    and addresses of all licensees under this Act.

14        Section  50-40.  Rights  and  obligations. All rights and
15    obligations incurred and  any  actions  commenced  under  the
16    Private  Detective,  Private  Alarm,  Private  Security,  and
17    Locksmith  Act of 1993 shall not be impaired by the enactment
18    of this Act.  Rules  adopted  under  the  Private  Detective,
19    Private  Alarm,  Private Security, and Locksmith Act of 1993,
20    unless inconsistent with this Act,  shall  remain  in  effect
21    until   amended  or  revoked.  All  licenses  issued  by  the
22    Department  permitting  the  holder  to  act  as  a   private
23    detective,   private   detective   agency,  private  security
24    contractor, private security contractor agency, private alarm
25    contractor, private alarm contractor  agency,  locksmith,  or
26    locksmith agency that are valid on the effective date of this
27    Act shall be considered valid under this Act.

28                 ARTICLE 90. AMENDATORY PROVISIONS.

29        Section  90-5.   The  Regulatory Sunset Act is amended by
 
SB487 Engrossed             -64-     LRB093 05120 AMC 05180 b
 1    changing Sections 4.14 and 4.24 as follows:

 2        (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
 3        Sec. 4.14.  Acts repealed.
 4        (a)  The following Act is Acts are repealed December  31,
 5    2003:
 6             The  Private  Detective,  Private Alarm, and Private
 7        Security Act of 1993.
 8             The Illinois Occupational Therapy Practice Act.
 9        (b)  The following Acts are repealed January 1, 2004:
10             The Illinois Certified Shorthand  Reporters  Act  of
11        1984.
12             The  Veterinary Medicine and Surgery Practice Act of
13        1994.
14    (Source: P.A. 92-457, eff 8-21-01.)

15        (5 ILCS 80/4.24)
16        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
17    following Acts are repealed on January 1, 2014:
18        The Electrologist Licensing Act.
19        The Illinois Public Accounting Act.
20        The Private Detective, Private Alarm,  Private  Security,
21    and Locksmith Act of 2004.
22    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)

23        Section   90-10.   The  Criminal  Identification  Act  is
24    amended by changing Section 3-1 as follows:

25        (20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
26        Sec. 3.1.  (a) The Department may  furnish,  pursuant  to
27    positive   identification,  records  of  convictions  to  the
28    Department of Professional  Regulation  for  the  purpose  of
29    meeting  registration  or  licensure  requirements  under The
30    Private  Detective,  Private  Alarm,  Private  Security,  and
 
SB487 Engrossed             -65-     LRB093 05120 AMC 05180 b
 1    Locksmith Act of 2004 and Private Security Act of 1983.
 2        (b)  The Department may  furnish,  pursuant  to  positive
 3    identification,  records of convictions to policing bodies of
 4    this State for the purpose of assisting local liquor  control
 5    commissioners  in  carrying out their duty to refuse to issue
 6    licenses to persons specified in paragraphs (4), (5) and  (6)
 7    of Section 6-2 of The Liquor Control Act of 1934.
 8        (c)  The  Department  shall  charge  an  application fee,
 9    based on actual  costs,  for  the  dissemination  of  records
10    pursuant   to   this   Section.    Fees   received   for  the
11    dissemination of records pursuant to this  Section  shall  be
12    deposited  in the State Police Services Fund.  The Department
13    is empowered to establish this fee and to prescribe the  form
14    and   manner   for   requesting   and  furnishing  conviction
15    information pursuant to this Section.
16        (d)  Any  dissemination  of  any   information   obtained
17    pursuant  to  this  Section  to  any  person not specifically
18    authorized hereby to receive or use it for  the  purpose  for
19    which  it  was  disseminated  shall constitute a violation of
20    Section 7.
21    (Source: P.A. 85-1440.)

22        Section 90-15.  The Service Contract Act  is  amended  by
23    changing Section 10 as follows:

24        (215 ILCS 152/10)
25        Sec.  10.   Exemptions.   Service  contract providers and
26    related service contract sellers and administrators complying
27    with this Act are not required to comply  with  and  are  not
28    subject  to  any provision of the Illinois Insurance Code.  A
29    service contract  provider  who  is  the  manufacturer  or  a
30    wholly-owned subsidiary of the manufacturer of the product or
31    the  builder,  seller,  or  lessor of the product that is the
32    subject of the service contract is required  to  comply  only
 
SB487 Engrossed             -66-     LRB093 05120 AMC 05180 b
 1    with  Sections 30, 35, 45, and 50 of this Act; except that, a
 2    service  contract  provider  who  sells  a   motor   vehicle,
 3    excluding  a  motorcycle  as  defined in Section 1-147 of the
 4    Illinois  Vehicle  Code,  or  who  leases,  but  is  not  the
 5    manufacturer of, the motor vehicle, excluding a motorcycle as
 6    defined in Section 1-147 of the Illinois Vehicle  Code,  that
 7    is  the subject of the service contract must comply with this
 8    Act in its entirety.  Contracts for the repair and monitoring
 9    of private alarm or private security systems regulated  under
10    the  Private  Detective, Private Alarm, Private Security, and
11    Locksmith Act of 2004 1993 are not required  to  comply  with
12    this Act and are not subject to any provision of the Illinois
13    Insurance Code.
14    (Source: P.A. 91-430, eff. 1-1-00; 92-16, eff. 6-28-01.)

15        (225 ILCS 446/Act rep.)
16        Section  90-20.   The  Private  Detective, Private Alarm,
17    Private Security, and Locksmith Act of 1993 is repealed.

18        Section 90-25.  The Illinois Vehicle Code is  amended  by
19    changing Section 2-123 as follows:

20        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
21        Sec. 2-123.  Sale and Distribution of Information.
22        (a)  Except  as  otherwise  provided in this Section, the
23    Secretary may make the driver's license,  vehicle  and  title
24    registration  lists, in part or in whole, and any statistical
25    information derived  from  these  lists  available  to  local
26    governments,   elected  state  officials,  state  educational
27    institutions, and all other governmental units of  the  State
28    and  Federal  Government  requesting  them  for  governmental
29    purposes.  The Secretary shall require any such applicant for
30    services to pay for the costs of furnishing such services and
31    the use  of  the  equipment  involved,  and  in  addition  is
 
SB487 Engrossed             -67-     LRB093 05120 AMC 05180 b
 1    empowered to establish prices and charges for the services so
 2    furnished  and  for  the  use  of  the  electronic  equipment
 3    utilized.
 4        (b)  The Secretary is further empowered to and he may, in
 5    his  discretion,  furnish to any applicant, other than listed
 6    in subsection (a) of this Section, vehicle or driver data  on
 7    a  computer  tape,  disk, other electronic format or computer
 8    processable medium, or printout at a fixed  fee  of  $250  in
 9    advance  and require in addition a further sufficient deposit
10    based upon the Secretary of State's  estimate  of  the  total
11    cost  of  the  information  requested and a charge of $25 per
12    1,000 units or part thereof identified or  the  actual  cost,
13    whichever  is  greater. The Secretary is authorized to refund
14    any difference between the additional deposit and the  actual
15    cost of the request.  This service shall not be in lieu of an
16    abstract  of a driver's record nor of a title or registration
17    search.  This service may be limited to entities purchasing a
18    minimum number of records as required by administrative rule.
19    The information sold pursuant to this subsection shall be the
20    entire vehicle or driver data list,  or  part  thereof.   The
21    information  sold  pursuant  to  this  subsection  shall  not
22    contain   personally   identifying   information  unless  the
23    information is to be used for one of the purposes  identified
24    in  subsection  (f-5) of this Section.  Commercial purchasers
25    of driver and vehicle record databases  shall  enter  into  a
26    written  agreement  with the Secretary of State that includes
27    disclosure of the commercial use of  the  information  to  be
28    purchased.
29        (c)  Secretary  of  State  may  issue registration lists.
30    The Secretary of State shall compile and  publish,  at  least
31    annually,  a  list  of all registered vehicles.  Each list of
32    registered vehicles shall be arranged serially  according  to
33    the  registration numbers assigned to registered vehicles and
34    shall  contain  in  addition  the  names  and  addresses   of
 
SB487 Engrossed             -68-     LRB093 05120 AMC 05180 b
 1    registered  owners  and  a  brief description of each vehicle
 2    including the serial or  other  identifying  number  thereof.
 3    Such  compilation may be in such form as in the discretion of
 4    the Secretary  of  State  may  seem  best  for  the  purposes
 5    intended.
 6        (d)  The  Secretary of State shall furnish no more than 2
 7    current available lists of such registrations to the sheriffs
 8    of all counties and to the chiefs of police of all cities and
 9    villages and towns of 2,000 population and over in this State
10    at no cost.   Additional  copies  may  be  purchased  by  the
11    sheriffs  or  chiefs  of police at the fee of $500 each or at
12    the cost of producing the list as determined by the Secretary
13    of State.   Such  lists  are  to  be  used  for  governmental
14    purposes only.
15        (e)  (Blank).
16        (e-1)  (Blank).
17        (f)  The  Secretary  of  State  shall  make  a  title  or
18    registration  search  of  the  records  of  his  office and a
19    written report on the  same  for  any  person,  upon  written
20    application  of  such  person, accompanied by a fee of $5 for
21    each registration or title search.  The  written  application
22    shall   set   forth   the   intended  use  of  the  requested
23    information.   No  fee  shall  be  charged  for  a  title  or
24    registration  search,  or  for  the   certification   thereof
25    requested by a government agency.  The report of the title or
26    registration  search shall not contain personally identifying
27    information unless the request for a search was made for  one
28    of  the  purposes  identified  in  subsection  (f-5)  of this
29    Section.
30        The  Secretary  of  State  shall  certify  a   title   or
31    registration   record  upon  written  request.  The  fee  for
32    certification shall be $5 in addition to the fee required for
33    a title or registration search. Certification shall  be  made
34    under  the  signature of the Secretary of State  and shall be
 
SB487 Engrossed             -69-     LRB093 05120 AMC 05180 b
 1    authenticated by Seal of the Secretary of State.
 2        The Secretary of State may notify the  vehicle  owner  or
 3    registrant  of  the  request  for  purchase  of  his title or
 4    registration information as the Secretary deems appropriate.
 5        No information shall be released to the  requestor  until
 6    expiration  of a 10 day period.  This 10 day period shall not
 7    apply to requests for information  made  by  law  enforcement
 8    officials,   government   agencies,  financial  institutions,
 9    attorneys,   insurers,   employers,   automobile   associated
10    businesses, persons licensed as a private detective or  firms
11    licensed  as  a  private  detective  agency under the Private
12    Detective, Private Alarm, Private Security, and Locksmith Act
13    of 2004 and Private Security Act of 1983, who are employed by
14    or  are  acting  on  behalf  of  law  enforcement  officials,
15    government  agencies,  financial   institutions,   attorneys,
16    insurers,  employers,  automobile  associated businesses, and
17    other business entities  for  purposes  consistent  with  the
18    Illinois  Vehicle  Code,  the  vehicle owner or registrant or
19    other entities as  the  Secretary  may  exempt  by  rule  and
20    regulation.
21        Any  misrepresentation  made  by  a requestor of title or
22    vehicle information shall be punishable as a  petty  offense,
23    except in the case of persons licensed as a private detective
24    or  firms  licensed as a private detective agency which shall
25    be subject to disciplinary sanctions under Section  40-10  22
26    or  25  of  the  Private  Detective,  Private  Alarm, Private
27    Security, and Locksmith Act of 2004 and Private Security  Act
28    of 1983.
29        (f-5)  The  Secretary  of  State  shall  not  disclose or
30    otherwise  make  available  to  any  person  or  entity   any
31    personally  identifying information obtained by the Secretary
32    of State in connection with a driver's license,  vehicle,  or
33    title registration record unless the information is disclosed
34    for one of the following purposes:
 
SB487 Engrossed             -70-     LRB093 05120 AMC 05180 b
 1             (1)  For use by any government agency, including any
 2        court  or  law  enforcement  agency,  in carrying out its
 3        functions, or any private  person  or  entity  acting  on
 4        behalf  of  a federal, State, or local agency in carrying
 5        out its functions.
 6             (2)  For use in connection  with  matters  of  motor
 7        vehicle   or  driver  safety  and  theft;  motor  vehicle
 8        emissions; motor vehicle product alterations, recalls, or
 9        advisories; performance  monitoring  of  motor  vehicles,
10        motor   vehicle   parts,  and  dealers;  and  removal  of
11        non-owner records from  the  original  owner  records  of
12        motor vehicle manufacturers.
13             (3)  For  use  in the normal course of business by a
14        legitimate  business  or  its   agents,   employees,   or
15        contractors, but only:
16                  (A)  to   verify   the   accuracy  of  personal
17             information  submitted  by  an  individual  to   the
18             business  or  its agents, employees, or contractors;
19             and
20                  (B)  if such information as so submitted is not
21             correct or is  no  longer  correct,  to  obtain  the
22             correct  information,  but  only for the purposes of
23             preventing  fraud  by,   pursuing   legal   remedies
24             against,   or  recovering  on  a  debt  or  security
25             interest against, the individual.
26             (4)  For use in research activities and for  use  in
27        producing   statistical   reports,   if   the  personally
28        identifying information is not published, redisclosed, or
29        used to contact individuals.
30             (5)  For use in connection with any civil, criminal,
31        administrative, or arbitral proceeding  in  any  federal,
32        State,   or   local   court   or  agency  or  before  any
33        self-regulatory body, including the service  of  process,
34        investigation  in  anticipation  of  litigation,  and the
 
SB487 Engrossed             -71-     LRB093 05120 AMC 05180 b
 1        execution or enforcement  of  judgments  and  orders,  or
 2        pursuant to an order of a federal, State, or local court.
 3             (6)  For  use  by  any  insurer or insurance support
 4        organization or by a self-insured entity or  its  agents,
 5        employees,  or  contractors  in  connection  with  claims
 6        investigation  activities,  antifraud activities, rating,
 7        or underwriting.
 8             (7)  For use in providing notice to  the  owners  of
 9        towed or impounded vehicles.
10             (8)  For  use by any private investigative agency or
11        security service licensed in  Illinois  for  any  purpose
12        permitted under this subsection.
13             (9)  For  use by an employer or its agent or insurer
14        to obtain or verify information relating to a holder of a
15        commercial  driver's  license  that  is  required   under
16        chapter 313 of title 49 of the United States Code.
17             (10)  For  use  in  connection with the operation of
18        private toll transportation facilities.
19             (11)  For use by any  requester,  if  the  requester
20        demonstrates  it  has obtained the written consent of the
21        individual to whom the information pertains.
22             (12)  For use by  members  of  the  news  media,  as
23        defined   in   Section   1-148.5,   for  the  purpose  of
24        newsgathering when the request relates to  the  operation
25        of a motor vehicle or public safety.
26             (13)  For  any  other use specifically authorized by
27        law, if that use is related to the operation of  a  motor
28        vehicle or public safety.
29        (g) 1.  The  Secretary  of  State  may, upon receipt of a
30        written request and a fee of $6, furnish to the person or
31        agency so requesting a driver's  record.   Such  document
32        may   include  a  record  of:  current  driver's  license
33        issuance information,  except  that  the  information  on
34        judicial  driving  permits  shall  be  available  only as
 
SB487 Engrossed             -72-     LRB093 05120 AMC 05180 b
 1        otherwise provided  by  this  Code;  convictions;  orders
 2        entered  revoking,  suspending  or  cancelling a driver's
 3        license  or  privilege;   and   notations   of   accident
 4        involvement.   All  other  information,  unless otherwise
 5        permitted  by  this  Code,  shall  remain   confidential.
 6        Information released pursuant to a request for a driver's
 7        record   shall   not   contain   personally   identifying
 8        information,  unless  the request for the driver's record
 9        was made for one of the purposes set forth in  subsection
10        (f-5) of this Section.
11             2.  The  Secretary  of State may certify an abstract
12        of a  driver's  record  upon  written  request  therefor.
13        Such  certification  shall be made under the signature of
14        the Secretary of State and shall be authenticated by  the
15        Seal of his office.
16             3.  All  requests  for  driving  record  information
17        shall be made in a manner prescribed by the Secretary and
18        shall  set  forth  the  intended  use  of  the  requested
19        information.
20             The  Secretary  of  State  may  notify  the affected
21        driver of the request for purchase of his driver's record
22        as the Secretary deems appropriate.
23             No information shall be released  to  the  requester
24        until  expiration of a 10 day period.  This 10 day period
25        shall not apply to requests for information made  by  law
26        enforcement  officials,  government  agencies,  financial
27        institutions,  attorneys, insurers, employers, automobile
28        associated businesses,  persons  licensed  as  a  private
29        detective or firms licensed as a private detective agency
30        under  the  Private  Detective,  Private  Alarm,  Private
31        Security,  and Locksmith Act of 2004 and Private Security
32        Act of 1983, who are employed by or are acting on  behalf
33        of   law   enforcement  officials,  government  agencies,
34        financial institutions, attorneys,  insurers,  employers,
 
SB487 Engrossed             -73-     LRB093 05120 AMC 05180 b
 1        automobile  associated  businesses,  and  other  business
 2        entities   for  purposes  consistent  with  the  Illinois
 3        Vehicle Code, the affected driver or  other  entities  as
 4        the Secretary may exempt by rule and regulation.
 5             Any  misrepresentation made by a requestor of driver
 6        information shall  be  punishable  as  a  petty  offense,
 7        except  in  the  case  of  persons  licensed as a private
 8        detective or firms licensed as a private detective agency
 9        which shall be subject to  disciplinary  sanctions  under
10        Section  40-10 22 or 25 of the Private Detective, Private
11        Alarm, Private Security, and Locksmith Act  of  2004  and
12        Private Security Act of 1983.
13             4.  The  Secretary of State may furnish without fee,
14        upon the written request of a law enforcement agency, any
15        information from a  driver's  record  on  file  with  the
16        Secretary  of  State when such information is required in
17        the enforcement of this Code or any other law relating to
18        the operation of motor  vehicles,  including  records  of
19        dispositions; documented information involving the use of
20        a   motor   vehicle;  whether  such  individual  has,  or
21        previously had, a driver's license; and the  address  and
22        personal   description  as  reflected  on  said  driver's
23        record.
24             5.  Except as otherwise provided  in  this  Section,
25        the   Secretary   of  State  may  furnish,  without  fee,
26        information from an individual driver's record  on  file,
27        if  a written request therefor is submitted by any public
28        transit  system  or  authority,  public   defender,   law
29        enforcement  agency,  a  state  or  federal agency, or an
30        Illinois  local  intergovernmental  association,  if  the
31        request is for the  purpose  of  a  background  check  of
32        applicants  for employment with the requesting agency, or
33        for the purpose of an official investigation conducted by
34        the agency, or to determine a  current  address  for  the
 
SB487 Engrossed             -74-     LRB093 05120 AMC 05180 b
 1        driver  so  public  funds can be recovered or paid to the
 2        driver, or for any other purpose set forth in  subsection
 3        (f-5) of this Section.
 4             The  Secretary may also furnish the courts a copy of
 5        an abstract of a driver's record, without fee, subsequent
 6        to an arrest for a  violation  of  Section  11-501  or  a
 7        similar  provision  of  a local ordinance.  Such abstract
 8        may   include   records   of   dispositions;   documented
 9        information involving the  use  of  a  motor  vehicle  as
10        contained  in  the  current file; whether such individual
11        has, or previously  had,  a  driver's  license;  and  the
12        address  and  personal  description  as reflected on said
13        driver's record.
14             6.  Any certified abstract issued by  the  Secretary
15        of  State  or transmitted electronically by the Secretary
16        of State pursuant to this  Section,  to  a  court  or  on
17        request  of a law enforcement agency, for the record of a
18        named person as to the status of  the  person's  driver's
19        license  shall  be  prima  facie  evidence  of  the facts
20        therein stated and if the name appearing in such abstract
21        is the same as that of a person named in  an  information
22        or  warrant,  such abstract shall be prima facie evidence
23        that the person named in such information or  warrant  is
24        the  same person as the person named in such abstract and
25        shall be admissible for any prosecution under  this  Code
26        and be admitted as proof of any prior conviction or proof
27        of  records,  notices,  or  orders recorded on individual
28        driving records maintained by the Secretary of State.
29             7.  Subject to any  restrictions  contained  in  the
30        Juvenile  Court Act of 1987, and upon receipt of a proper
31        request and a fee of $6, the  Secretary  of  State  shall
32        provide  a driver's record to the affected driver, or the
33        affected  driver's  attorney,  upon  verification.   Such
34        record shall contain all the information referred  to  in
 
SB487 Engrossed             -75-     LRB093 05120 AMC 05180 b
 1        paragraph  1  of  this  subsection (g) plus: any recorded
 2        accident involvement as a  driver;  information  recorded
 3        pursuant to subsection (e) of Section 6-117 and paragraph
 4        (4) of subsection (a) of Section 6-204 of this Code.  All
 5        other  information,  unless  otherwise  permitted by this
 6        Code, shall remain confidential.
 7        (h)  The Secretary shall  not  disclose  social  security
 8    numbers  except pursuant to a written request by, or with the
 9    prior written consent  of,  the  individual  except:  (1)  to
10    officers  and  employees  of the Secretary who have a need to
11    know the social security  numbers  in  performance  of  their
12    official  duties,  (2)  to  law  enforcement  officials for a
13    lawful, civil or criminal law enforcement investigation,  and
14    if  the head of the law enforcement agency has made a written
15    request to  the  Secretary  specifying  the  law  enforcement
16    investigation for which the social security numbers are being
17    sought,    (3)   to   the   United   States   Department   of
18    Transportation,  or  any  other  State,   pursuant   to   the
19    administration   and  enforcement  of  the  Commercial  Motor
20    Vehicle Safety Act of 1986, (4)  pursuant to the order  of  a
21    court  of competent jurisdiction, or (5) to the Department of
22    Public Aid for utilization in the child  support  enforcement
23    duties  assigned  to  that Department under provisions of the
24    Public Aid Code after the individual  has  received  advanced
25    meaningful notification of what redisclosure is sought by the
26    Secretary in accordance with the federal Privacy Act.
27        (i)  (Blank).
28        (j)  Medical  statements  or  medical reports received in
29    the Secretary of State's Office shall  be  confidential.   No
30    confidential  information may be open to public inspection or
31    the  contents  disclosed  to  anyone,  except  officers   and
32    employees  of  the  Secretary  who  have  a  need to know the
33    information contained in the medical reports and  the  Driver
34    License  Medical  Advisory  Board,  unless  so directed by an
 
SB487 Engrossed             -76-     LRB093 05120 AMC 05180 b
 1    order of a court of competent jurisdiction.
 2        (k)  All fees collected under this Section shall be  paid
 3    into  the  Road Fund of the State Treasury, except that $3 of
 4    the $6 fee for a driver's  record  shall  be  paid  into  the
 5    Secretary of State Special Services Fund.
 6        (l)  (Blank).
 7        (m)  Notations   of  accident  involvement  that  may  be
 8    disclosed under this  Section  shall  not  include  notations
 9    relating  to  damage  to  a  vehicle  or other property being
10    transported by a tow truck.  This  information  shall  remain
11    confidential,  provided  that  nothing in this subsection (m)
12    shall  limit  disclosure  of  any  notification  of  accident
13    involvement to any law enforcement agency or official.
14        (n)  Requests  made  by  the  news  media  for   driver's
15    license,  vehicle,  or  title registration information may be
16    furnished  without  charge  or  at  a  reduced   charge,   as
17    determined  by  the  Secretary, when the specific purpose for
18    requesting the documents  is  deemed  to  be  in  the  public
19    interest.   Waiver  or  reduction of the fee is in the public
20    interest if the principal purpose of the request is to access
21    and disseminate information regarding the health, safety, and
22    welfare or the legal rights of the general public and is  not
23    for the principal purpose of gaining a personal or commercial
24    benefit. The information provided pursuant to this subsection
25    shall  not  contain personally identifying information unless
26    the information is  to  be  used  for  one  of  the  purposes
27    identified in subsection (f-5) of this Section.
28        (o)  The    redisclosure    of   personally   identifying
29    information obtained pursuant to this Section is  prohibited,
30    except  to the extent necessary to effectuate the purpose for
31    which  the  original  disclosure  of  the   information   was
32    permitted.
33        (p)  The  Secretary  of State is empowered to adopt rules
34    to effectuate this Section.
 
SB487 Engrossed             -77-     LRB093 05120 AMC 05180 b
 1    (Source: P.A.  91-37,  eff.  7-1-99;  91-357,  eff.  7-29-99;
 2    91-716,  eff.  10-1-00;  92-32,  eff.  7-1-01;  92-651,  eff.
 3    7-11-02.)

 4        Section 90-30.  The Criminal Code of 1961 is  amended  by
 5    changing Section 24-2 as follows:

 6        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
 7        Sec. 24-2.  Exemptions.
 8        (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
 9    and Section 24-1.6 do not apply  to  or  affect  any  of  the
10    following:
11             (1)  Peace  officers,  and  any person summoned by a
12        peace officer to assist in making arrests  or  preserving
13        the  peace,  while  actually  engaged  in  assisting such
14        officer.
15             (2)  Wardens,   superintendents   and   keepers   of
16        prisons, penitentiaries, jails and other institutions for
17        the detention of  persons  accused  or  convicted  of  an
18        offense, while in the performance of their official duty,
19        or  while  commuting  between  their  homes and places of
20        employment.
21             (3)  Members of the Armed Services or Reserve Forces
22        of the United States or the Illinois  National  Guard  or
23        the   Reserve  Officers  Training  Corps,  while  in  the
24        performance of their official duty.
25             (4)  Special agents employed  by  a  railroad  or  a
26        public utility to perform police functions, and guards of
27        armored  car  companies,  while  actually  engaged in the
28        performance  of  the  duties  of  their   employment   or
29        commuting  between  their homes and places of employment;
30        and watchmen while actually engaged in the performance of
31        the duties of their employment.
32             (5)  Persons   licensed    as    private    security
 
SB487 Engrossed             -78-     LRB093 05120 AMC 05180 b
 1        contractors,   private   detectives,   or  private  alarm
 2        contractors, or employed by an agency  certified  by  the
 3        Department  of  Professional  Regulation, if their duties
 4        include the carrying of a weapon under the provisions  of
 5        the  Private  Detective, Private Alarm, Private Security,
 6        and Locksmith Act of 2004 and  Private  Security  Act  of
 7        1983,  while  actually  engaged in the performance of the
 8        duties of their employment  or  commuting  between  their
 9        homes  and  places  of  employment,  provided  that  such
10        commuting  is accomplished within one hour from departure
11        from home or place of employment, as  the  case  may  be.
12        Persons  exempted  under this subdivision (a)(5) shall be
13        required to have completed  a course of study in firearms
14        handling and training  approved  and  supervised  by  the
15        Department  of  Professional  Regulation as prescribed by
16        Section 28  of  the  Private  Detective,  Private  Alarm,
17        Private  Security,  and Locksmith Act of 2004 and Private
18        Security Act of 1983, prior to becoming eligible for this
19        exemption.  The  Department  of  Professional  Regulation
20        shall  provide  suitable  documentation demonstrating the
21        successful  completion   of   the   prescribed   firearms
22        training.   Such  documentation  shall  be carried at all
23        times  when  such  persons  are  in   possession   of   a
24        concealable weapon.
25             (6)  Any  person  regularly employed in a commercial
26        or industrial operation  as  a  security  guard  for  the
27        protection  of  persons  employed  and  private  property
28        related to such commercial or industrial operation, while
29        actually engaged in the performance of his or her duty or
30        traveling  between  sites  or properties belonging to the
31        employer, and who, as a security guard, is a member of  a
32        security  force of at least 5 persons registered with the
33        Department of Professional Regulation; provided that such
34        security guard has successfully  completed  a  course  of
 
SB487 Engrossed             -79-     LRB093 05120 AMC 05180 b
 1        study,  approved  by  and supervised by the Department of
 2        Professional Regulation, consisting of not less  than  40
 3        hours  of  training  that  includes  the  theory  of  law
 4        enforcement,  liability  for  acts,  and  the handling of
 5        weapons.  A person shall be considered eligible for  this
 6        exemption  if  he  or  she  has completed the required 20
 7        hours of training for a security officer and 20 hours  of
 8        required  firearm training, and has been issued a firearm
 9        authorization card  by  the  Department  of  Professional
10        Regulation.    Conditions  for  the  renewal  of  firearm
11        authorization cards issued under the provisions  of  this
12        Section shall be the same as for those cards issued under
13        the  provisions  of the Private Detective, Private Alarm,
14        Private Security, and Locksmith Act of 2004  and  Private
15        Security  Act  of  1983.  Such firearm authorization card
16        shall be carried by the security guard at all times  when
17        he or she is in possession of a concealable weapon.
18             (7)  Agents   and   investigators  of  the  Illinois
19        Legislative Investigating Commission  authorized  by  the
20        Commission  to carry the weapons specified in subsections
21        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
22        any investigation for the Commission.
23             (8)  Persons employed by a financial institution for
24        the protection of other employees and property related to
25        such financial institution, while actually engaged in the
26        performance of  their  duties,  commuting  between  their
27        homes  and  places  of  employment,  or traveling between
28        sites or properties owned or operated by  such  financial
29        institution,  provided  that  any  person so employed has
30        successfully completed a course of study, approved by and
31        supervised by the Department of Professional  Regulation,
32        consisting  of  not  less than 40 hours of training which
33        includes theory of law enforcement, liability  for  acts,
34        and the handling of weapons. A person shall be considered
 
SB487 Engrossed             -80-     LRB093 05120 AMC 05180 b
 1        to  be  eligible  for  this  exemption  if  he or she has
 2        completed  the  required  20  hours  of  training  for  a
 3        security  officer  and  20  hours  of  required   firearm
 4        training,  and  has  been  issued a firearm authorization
 5        card  by  the  Department  of  Professional   Regulation.
 6        Conditions  for  renewal  of  firearm authorization cards
 7        issued under the provisions of this Section shall be  the
 8        same  as  for  those  issued  under the provisions of the
 9        Private Detective, Private Alarm, Private  Security,  and
10        Locksmith  Act  of 2004 and Private Security Act of 1983.
11        Such firearm authorization card shall be carried  by  the
12        person  so  trained  at  all times when such person is in
13        possession of a concealable weapon.  For purposes of this
14        subsection, "financial institution" means a bank, savings
15        and loan association, credit union or  company  providing
16        armored car services.
17             (9)  Any  person  employed by an armored car company
18        to drive an armored car, while actually  engaged  in  the
19        performance of his duties.
20             (10)  Persons  who  have  been  classified  as peace
21        officers pursuant to the Peace Officer Fire Investigation
22        Act.
23             (11)  Investigators of the  Office  of  the  State's
24        Attorneys Appellate Prosecutor authorized by the board of
25        governors   of   the  Office  of  the  State's  Attorneys
26        Appellate Prosecutor to carry weapons pursuant to Section
27        7.06 of the State's Attorneys Appellate Prosecutor's Act.
28             (12)  Special investigators appointed by  a  State's
29        Attorney under Section 3-9005 of the Counties Code.
30             (13)  Court   Security   Officers   while   in   the
31        performance  of their official duties, or while commuting
32        between their homes and places of  employment,  with  the
33        consent of the Sheriff.
34             (13.5)  A person employed as an armed security guard
 
SB487 Engrossed             -81-     LRB093 05120 AMC 05180 b
 1        at a nuclear energy, storage, weapons or development site
 2        or   facility   regulated   by   the  Nuclear  Regulatory
 3        Commission who has completed the background screening and
 4        training mandated by the rules  and  regulations  of  the
 5        Nuclear Regulatory Commission.
 6             (14)  Manufacture,   transportation,   or   sale  of
 7        weapons to  persons  authorized  under  subdivisions  (1)
 8        through  (13.5)  of  this  subsection  to  possess  those
 9        weapons.
10        (b)  Subsections  24-1(a)(4)  and 24-1(a)(10) and Section
11    24-1.6 do not apply to or affect any of the following:
12             (1)  Members of any club or  organization  organized
13        for  the  purpose  of practicing shooting at targets upon
14        established target ranges, whether public or private, and
15        patrons of such ranges, while such members or patrons are
16        using their firearms on those target ranges.
17             (2)  Duly authorized military or civil organizations
18        while  parading,  with  the  special  permission  of  the
19        Governor.
20             (3)  Hunters, trappers or fishermen with  a  license
21        or permit while engaged in hunting, trapping or fishing.
22             (4)  Transportation  of weapons that are broken down
23        in  a  non-functioning  state  or  are  not   immediately
24        accessible.
25        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
26    any of the following:
27             (1)  Peace officers while in  performance  of  their
28        official duties.
29             (2)  Wardens,   superintendents   and   keepers   of
30        prisons, penitentiaries, jails and other institutions for
31        the  detention  of  persons  accused  or  convicted of an
32        offense.
33             (3)  Members of the Armed Services or Reserve Forces
34        of the United States  or  the  Illinois  National  Guard,
 
SB487 Engrossed             -82-     LRB093 05120 AMC 05180 b
 1        while in the performance of their official duty.
 2             (4)  Manufacture, transportation, or sale of machine
 3        guns to persons authorized under subdivisions (1) through
 4        (3)  of  this  subsection to possess machine guns, if the
 5        machine guns are broken down in a  non-functioning  state
 6        or are not immediately accessible.
 7             (5)  Persons   licensed   under   federal   law   to
 8        manufacture  any  weapon  from  which  8 or more shots or
 9        bullets can be discharged by a  single  function  of  the
10        firing  device,  or  ammunition  for  such  weapons,  and
11        actually  engaged  in  the business of manufacturing such
12        weapons  or  ammunition,  but  only   with   respect   to
13        activities  which  are  within  the  lawful scope of such
14        business, such as  the  manufacture,  transportation,  or
15        testing  of  such  weapons or ammunition.  This exemption
16        does not authorize the general private possession of  any
17        weapon  from  which  8  or  more  shots or bullets can be
18        discharged by a single function of the firing device, but
19        only such possession and activities  as  are  within  the
20        lawful   scope   of  a  licensed  manufacturing  business
21        described in this paragraph.
22             During transportation, such weapons shall be  broken
23        down  in  a  non-functioning  state  or  not  immediately
24        accessible.
25             (6)  The  manufacture, transport, testing, delivery,
26        transfer  or  sale,  and   all   lawful   commercial   or
27        experimental  activities  necessary  thereto,  of rifles,
28        shotguns, and weapons made from rifles  or  shotguns,  or
29        ammunition  for  such  rifles, shotguns or weapons, where
30        engaged in by a  person  operating  as  a  contractor  or
31        subcontractor  pursuant  to a contract or subcontract for
32        the development and  supply  of  such  rifles,  shotguns,
33        weapons  or ammunition to the United States government or
34        any branch of the Armed Forces of the United States, when
 
SB487 Engrossed             -83-     LRB093 05120 AMC 05180 b
 1        such activities are necessary and incident to  fulfilling
 2        the terms of such contract.
 3             The  exemption granted under this subdivision (c)(6)
 4        shall also apply to any  authorized  agent  of  any  such
 5        contractor  or  subcontractor who is operating within the
 6        scope of his employment, where such activities  involving
 7        such  weapon,  weapons  or  ammunition  are necessary and
 8        incident to fulfilling the terms of such contract.
 9             During transportation,  any  such  weapon  shall  be
10        broken   down   in   a   non-functioning  state,  or  not
11        immediately accessible.
12        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
13    purchase,   possession   or   carrying  of  a  black-jack  or
14    slung-shot by a peace officer.
15        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
16    manager or authorized employee of any place specified in that
17    subsection nor to any law enforcement officer.
18        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
19    Section  24-1.6  do  not  apply  to  members  of  any club or
20    organization organized for the purpose of practicing shooting
21    at targets upon established target ranges, whether public  or
22    private, while using their firearms on those target ranges.
23        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
24    apply to:
25             (1)  Members of the Armed Services or Reserve Forces
26        of  the  United  States  or  the Illinois National Guard,
27        while in the performance of their official duty.
28             (2)  Bonafide  collectors  of  antique  or   surplus
29        military ordinance.
30             (3)  Laboratories  having  a  department of forensic
31        ballistics,  or  specializing  in  the   development   of
32        ammunition or explosive ordinance.
33             (4)  Commerce,  preparation,  assembly or possession
34        of  explosive  bullets  by  manufacturers  of  ammunition
 
SB487 Engrossed             -84-     LRB093 05120 AMC 05180 b
 1        licensed by the federal government,  in  connection  with
 2        the supply of those organizations and persons exempted by
 3        subdivision (g)(1) of this Section, or like organizations
 4        and  persons outside this State, or the transportation of
 5        explosive bullets to any organization or person  exempted
 6        in this Section by a common carrier or by a vehicle owned
 7        or leased by an exempted manufacturer.
 8        (h)  An  information or indictment based upon a violation
 9    of any subsection of  this  Article  need  not  negative  any
10    exemptions  contained  in  this Article.  The defendant shall
11    have the burden of proving such an exemption.
12        (i)  Nothing in this Article shall prohibit, apply to, or
13    affect the transportation, carrying, or  possession,  of  any
14    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
15    consigned  to a common carrier operating under license of the
16    State of Illinois  or  the  federal  government,  where  such
17    transportation,  carrying,  or  possession is incident to the
18    lawful  transportation  in  which  such  common  carrier   is
19    engaged;  and  nothing  in this Article shall prohibit, apply
20    to, or affect the transportation, carrying, or possession  of
21    any  pistol, revolver, stun gun, taser, or other firearm, not
22    the subject of and  regulated  by  subsection  24-1(a)(7)  or
23    subsection  24-2(c)  of  this  Article, which is unloaded and
24    enclosed in a case, firearm carrying box,  shipping  box,  or
25    other  container,  by the possessor of a valid Firearm Owners
26    Identification Card.
27    (Source: P.A. 91-287,  eff.  1-1-00;  91-690,  eff.  4-13-00;
28    92-325, eff. 8-9-01.)

29        Section 90-35.  The Code of Civil Procedure is amended by
30    changing Section 2-202 as follows:

31        (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
32        Sec. 2-202. Persons authorized to serve process; Place of
 
SB487 Engrossed             -85-     LRB093 05120 AMC 05180 b
 1    service; Failure to make return.
 2        (a)  Process  shall  be  served  by  a sheriff, or if the
 3    sheriff is disqualified, by a coroner of some county  of  the
 4    State.   A sheriff of a county with a population of less than
 5    1,000,000 may employ civilian personnel to serve process.  In
 6    counties with a population of less  than  1,000,000,  process
 7    may  be  served, without special appointment, by a person who
 8    is licensed or registered as a private  detective  under  the
 9    Private  Detective,  Private  Alarm,   Private  Security, and
10    Locksmith Act of 2004 1993 or by a registered employee  of  a
11    private detective agency certified under that Act.  A private
12    detective or licensed employee must supply the sheriff of any
13    county  in which he serves process with a copy of his license
14    or certificate; however, the failure of a  person  to  supply
15    the  copy shall not in any way impair the validity of process
16    served by the person. The court may, in its  discretion  upon
17    motion,  order service to be made by a private person over 18
18    years of age and not  a  party  to  the  action.  It  is  not
19    necessary that service be made by a sheriff or coroner of the
20    county  in  which  service is made. If served or sought to be
21    served by a sheriff or coroner, he or she shall  endorse  his
22    or  her return thereon, and if by a private person the return
23    shall be by affidavit.
24        (a-5)  Upon motion and in its discretion, the  court  may
25    appoint  as  a  special  process  server  a private detective
26    agency certified under the Private Detective, Private  Alarm,
27    Private  Security, and Locksmith Act of 2004 1993.  Under the
28    appointment, any employee of the private detective agency who
29    is registered under that Act  may  serve  the  process.   The
30    motion  and  the order of appointment must contain the number
31    of the certificate issued to the private detective agency  by
32    the  Department  of Professional Regulation under the Private
33    Detective, Private Alarm, Private Security, and Locksmith Act
34    of 2004 1993.
 
SB487 Engrossed             -86-     LRB093 05120 AMC 05180 b
 1        (b)  Summons may be served upon the  defendants  wherever
 2    they  may  be found in the State, by any person authorized to
 3    serve process. An officer may serve summons  in  his  or  her
 4    official  capacity  outside  his  or her county, but fees for
 5    mileage outside the county of the officer cannot be taxed  as
 6    costs. The person serving the process in a foreign county may
 7    make return by mail.
 8        (c)  If any sheriff, coroner, or other person to whom any
 9    process  is  delivered, neglects or refuses to make return of
10    the same, the plaintiff may petition the  court  to  enter  a
11    rule requiring the sheriff, coroner, or other person, to make
12    return  of  the process on a day to be fixed by the court, or
13    to show cause on that day  why  that  person  should  not  be
14    attached  for contempt of the court. The plaintiff shall then
15    cause a written notice of  the  rule  to  be  served  on  the
16    sheriff,  coroner,  or  other  person. If good and sufficient
17    cause be not shown to excuse the officer or other person, the
18    court shall adjudge him or her  guilty  of  a  contempt,  and
19    shall impose punishment as in other cases of contempt.
20        (d)  If  process  is  served by a sheriff or coroner, the
21    court may tax the fee of the sheriff or coroner as  costs  in
22    the  proceeding.  If process is served by a private person or
23    entity, the court may establish a fee therefor and  tax  such
24    fee as costs in the proceedings.
25        (e)  In  addition to the powers stated in Section 8.1a of
26    the Housing Authorities Act, in counties with a population of
27    3,000,000 or more inhabitants, members of a housing authority
28    police  force  may  serve  process  for  forcible  entry  and
29    detainer actions commenced by that housing authority and  may
30    execute orders of possession for that housing authority.
31        (f)  In  counties with a population of 3,000,000 or more,
32    process may be served, with special appointment by the court,
33    by a private process server or a law enforcement agency other
34    than the county sheriff in proceedings instituted  under  the
 
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 1    Forcible  Entry and Detainer Article of this Code as a result
 2    of a lessor or  lessor's  assignee  declaring  a  lease  void
 3    pursuant  to  Section  11  of  the  Controlled  Substance and
 4    Cannabis Nuisance Act.
 5    (Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.)

 6                     ARTICLE 99. EFFECTIVE DATE.

 7        Section 99-5.  Effective date. This Act takes effect upon
 8    becoming law.