093_SB0487sam001

 










                                     LRB093 05120 AMC 14382 a

 1                    AMENDMENT TO SENATE BILL 487

 2        AMENDMENT NO.     .  Amend Senate Bill 487  by  replacing
 3    everything after the enacting clause with the following:

 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10    Private  Security, and Locksmith Act of 1993 repealed by this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
 
                            -2-      LRB093 05120 AMC 14382 a
 1    customary  name,  address,  and  number  type  listings  in a
 2    telephone directory.
 3        "Alarm system" means any system, including an  electronic
 4    access   control  system,  a  surveillance  video  system,  a
 5    security video system, a burglar alarm system, a  fire  alarm
 6    system,  or  any  other  electronic system, that activates an
 7    audible, visible, remote, or recorded signal that is designed
 8    for the protection or detection of intrusion,  entry,  theft,
 9    fire, vandalism, escape, or trespass.
10        "Armed  employee"  means  a licensee or registered person
11    who is employed by an agency  licensed  under  this  Act  who
12    carries a weapon while engaged in the performance of official
13    duties  within  the course and scope of his or her employment
14    during the hours and times the employee is scheduled to  work
15    or  is  commuting  between  his  or  her  home  or  place  of
16    employment,  provided  that  commuting is accomplished within
17    one hour from departure from home or place of employment.
18        "Armed proprietary security force" means a security force
19    made up of 5 or more armed individuals employed by a private,
20    commercial, or industrial operation  or  one  or  more  armed
21    individuals  employed  by a financial institution as security
22    officers for the protection of persons or property.
23        "Board"  means  the  Private  Detective,  Private  Alarm,
24    Private Security, and Locksmith Board.
25        "Branch office" means a business  location  where  active
26    employee  records  that  are  required to be maintained under
27    this Act  are  kept,  where  prospective  new  employees  are
28    processed,  or  where members of the public are invited in to
29    transact business. A branch office does not include an office
30    or other facility located on  the  property  of  an  existing
31    client that is utilized solely for the benefit of that client
32    and is not owned or leased by the agency.
33        "Corporation"  means an artificial person or legal entity
34    created by or under the authority of the laws of a state.
 
                            -3-      LRB093 05120 AMC 14382 a
 1        "Department"  means  the   Department   of   Professional
 2    Regulation.
 3        "Director" means the Director of Professional Regulation.
 4        "Employee"  means  a  person  who  works  for a person or
 5    agency that has the right to control the details of the  work
 6    performed and is not dependent upon whether or not federal or
 7    state payroll taxes are withheld.
 8        "Fire alarm system" means any system that is activated by
 9    an  automatic  or  manual  device  in the detection of smoke,
10    heat, or fire that activates an audible, visible,  or  remote
11    signal requiring a response.
12        "Firearm  authorization  card" means a card issued by the
13    Department that authorizes  the  holder  to  carry  a  weapon
14    during  the  performance of his or her duties as specified in
15    this Act.
16        "Firm" means an unincorporated business entity, including
17    but not limited to proprietorships and partnerships.
18        "Locksmith" means a person who engages in a  business  or
19    holds  himself  out to the public as providing a service that
20    includes, but is not limited to, the  servicing,  installing,
21    originating  first  keys,  re-coding, repairing, maintaining,
22    manipulating, or bypassing  of  a  mechanical  or  electronic
23    locking  device,  access control or video surveillance system
24    at premises, vehicles, safes, vaults, safe deposit boxes,  or
25    automatic teller machines.
26        "Locksmith  agency" means a person, corporation, or other
27    entity that engages in the locksmith business and employs, in
28    addition to the locksmith licensee-in-charge,  at  least  one
29    other person in conducting such business.
30        "Locksmith  licensee-in-charge"  means  a  person who has
31    been  designated  by  a   person,   association,   firm,   or
32    corporation to be the licensee-in-charge of an agency, who is
33    a  full-time  executive  employee  or  owner who assumes sole
34    responsibility for all employees of the agency and for  their
 
                            -4-      LRB093 05120 AMC 14382 a
 1    actions,  who assumes sole responsibility for maintaining all
 2    records  required  by  this  Act,  and   who   assumes   sole
 3    responsibility  for assuring the licensed agency's compliance
 4    with its responsibilities as stated in this Act.
 5        "Peace officer" or "police officer" means a  person  who,
 6    by  virtue  of  office or public employment, is vested by law
 7    with a duty to maintain public order or to make  arrests  for
 8    offenses,  whether  that  duty  extends to all offenses or is
 9    limited to specific offenses. Officers, agents, or  employees
10    of  the federal government commissioned by federal statute to
11    make arrests for violations of federal  laws  are  considered
12    peace officers.
13        "Permanent  employee  registration  card"  means  a  card
14    issued  by the Department to an individual who has applied to
15    the Department and meets the requirements for employment by a
16    licensed agency under this Act.
17        "Person" means a natural person.
18        "Private alarm contractor" means a person who engages  in
19    a  business  that  individually or through others undertakes,
20    offers  to  undertake,  purports  to  have  the  capacity  to
21    undertake, or  submits  a  bid  to  sell,  install,  monitor,
22    maintain,  alter, repair, replace, or service alarm and other
23    security-related systems or  parts  thereof,  including  fire
24    alarm  systems,  at  protected  premises  or  premises  to be
25    protected  or  responds  to  alarm  systems  at  a  protected
26    premises on  an  emergency  basis  and  not  as  a  full-time
27    security   officer.   "Private  alarm  contractor"  does  not
28    include a person, firm, or corporation that  manufactures  or
29    sells  alarm systems only from its place of business and does
30    not sell, install, monitor, maintain, alter, repair, replace,
31    service, or respond to alarm systems at protected premises or
32    premises to be protected.
33        "Private  alarm  contractor  agency"  means   a   person,
34    corporation,  or  other  entity  that  engages in the private
 
                            -5-      LRB093 05120 AMC 14382 a
 1    alarm contracting business and employs, in  addition  to  the
 2    private alarm contractor-in-charge, at least one other person
 3    in conducting such business.
 4        "Private  alarm  contractor  licensee-in-charge"  means a
 5    person who has been  designated  by  a  person,  association,
 6    firm,  or  corporation  to  be  the  licensee-in-charge of an
 7    agency, who is a full-time executive employee  or  owner  who
 8    assumes  sole  responsibility for all employees of the agency
 9    and for their actions, who assumes  sole  responsibility  for
10    maintaining all records required by this Act, and who assumes
11    sole   responsibility  for  assuring  the  licensed  agency's
12    compliance with its responsibilities as stated in  this  Act.
13    If   the  licensee-in-charge  is  a  person  other  than  the
14    controlling interest owner, the full-time in-charge executive
15    employee shall work at  least  30  hours  per  week  for  the
16    agency.
17        "Private  detective"  means  any person who by any means,
18    including but not limited to manual  or  electronic  methods,
19    engages in the business of, accepts employment to furnish, or
20    agrees  to  make  or  makes investigations for a fee or other
21    consideration to obtain information, from any source,  public
22    or private, relating to:
23             (1)  Crimes or wrongs done or threatened against the
24        United  States,  any  state  or  territory  of the United
25        States, or any local government of a state or territory.
26             (2)  The   identity,   habits,   conduct,   business
27        occupation, honesty, integrity,  credibility,  knowledge,
28        trustworthiness,     efficiency,    loyalty,    activity,
29        movements,   whereabouts,   affiliations,   associations,
30        transactions,  acts,  reputation,  or  character  of  any
31        person, firm, or other entity by  any  means,  manual  or
32        electronic.
33             (3)  The  location, disposition, or recovery of lost
34        or stolen property.
 
                            -6-      LRB093 05120 AMC 14382 a
 1             (4)  The cause, origin, or responsibility for fires,
 2        accidents, or injuries to individuals or real or personal
 3        property.
 4             (5)  The  truth  or  falsity  of  any  statement  or
 5        representation.
 6             (6)  Securing evidence to be used before any  court,
 7        board, or investigating body.
 8             (7)  The  protection of individuals from bodily harm
 9        or death (bodyguard functions).
10             (8)  Service  of  process  in  criminal  and   civil
11        proceedings without court order.
12        "Private detective agency" means a person, firm, or other
13    entity  that  engages  in  the private detective business and
14    employs, in addition to the licensee-in-charge, one  or  more
15    persons in conducting such business.
16        "Private Detective licensee-in-charge" means a person who
17    has  been  designated  by  a  person,  association,  firm, or
18    corporation to be the licensee-in-charge of an agency, who is
19    a full-time executive employee  or  owner  who  assumes  sole
20    responsibility  for all employees of the agency and for their
21    actions, who assumes sole responsibility for maintaining  all
22    records   required   by   this  Act,  and  who  assumes  sole
23    responsibility for assuring the licensed agency's  compliance
24    with its responsibilities as stated in this Act.
25        "Private  security contractor" means a person who engages
26    in the business of  providing  a  private  security  officer,
27    watchman,  patrol, or a similar service by any other title or
28    name  on  a  contractual  basis  for  another  person,  firm,
29    corporation, or other entity for a fee or other consideration
30    and performing one or more of the following functions:
31             (1)  The  prevention  or  detection  of   intrusion,
32        entry,  theft,  vandalism,  abuse,  fire,  or trespass on
33        private or governmental property.
34             (2)  The prevention, observation,  or  detection  of
 
                            -7-      LRB093 05120 AMC 14382 a
 1        any  unauthorized  activity  on  private  or governmental
 2        property.
 3             (3)  The protection of persons authorized to  be  on
 4        the  premises  of  the  person, firm, or other entity for
 5        which  the  security  contractor  contractually  provides
 6        security services.
 7             (4)  The  prevention  of  the  misappropriation   or
 8        concealment   of  goods,  money,  bonds,  stocks,  notes,
 9        documents, or papers.
10             (5)  The control, regulation, or  direction  of  the
11        movement of the public for the time specifically required
12        for the protection of property owned or controlled by the
13        client.
14             (6)  The  protection of individuals from bodily harm
15        or death (bodyguard functions).
16        "Private security contractor agency" means  a  person  or
17    other  entity that engages in the private security contractor
18    business   and   that   employs,   in   addition    to    the
19    licensee-in-charge,  one  or  more persons in conducting such
20    business.
21        "Private security contractor licensee-in-charge" means  a
22    person  who  has  been  designated  by a person, association,
23    firm, or corporation  to  be  the  licensee-in-charge  of  an
24    agency,  who  is  a full-time executive employee or owner who
25    assumes sole responsibility for all employees of  the  agency
26    and  for  their  actions, who assumes sole responsibility for
27    maintaining all records required by this Act, and who assumes
28    sole  responsibility  for  assuring  the  licensed   agency's
29    compliance with its responsibilities as stated in this Act.
30        "Public  member"  means a person who is not a licensee or
31    related to a licensee, or who is not an employer or  employee
32    of  a  licensee. The term "related to" shall be determined by
33    the rules of the Department.
 
                            -8-      LRB093 05120 AMC 14382 a
 1        Section 5-15.  Legislative  intent.  The  intent  of  the
 2    General  Assembly  in  enacting  this  statute is to regulate
 3    persons and  businesses  licensed  under  this  Act  for  the
 4    protection  of  the  public.  These practices are declared to
 5    affect the public health, safety, and welfare and are subject
 6    to  State  regulation  and  licensure.  This  Act  shall   be
 7    construed to carry out these purposes.

 8              ARTICLE 10. GENERAL LICENSING PROVISIONS.

 9        Section 10-5.  Requirement of license.
10        (a)  It is unlawful for a person to act as or provide the
11    functions   of   a   private   detective,   private  security
12    contractor, private alarm  contractor,  or  locksmith  or  to
13    advertise  or to assume to act as any one of these, or to use
14    these or any title implying that the person is engaged in any
15    of  these  activities  unless  licensed  as   such   by   the
16    Department.  An  individual  or  sole proprietor who does not
17    employ any  employees  other  than  himself  or  herself  may
18    operate  under  a  "doing  business as" certification without
19    having to obtain an agency license.
20        (b)  It is unlawful for a person, firm, or  other  entity
21    to act as an agency licensed under this Act, to advertise, or
22    to  assume  to  act  as  a  licensed agency or to use a title
23    implying that the person, firm, or other entity is engaged in
24    the practice as a private detective agency, private  security
25    contractor   agency,  private  alarm  contractor  agency,  or
26    locksmith agency unless licensed by the Department.
27        (c)  Any licensed agency that operates  a  branch  office
28    shall apply for a branch office license for each location.

29        Section  10-10.  General  exemptions.  This  Act does not
30    apply to any of the following:
31             (1)  A person, firm, or corporation engaging in fire
 
                            -9-      LRB093 05120 AMC 14382 a
 1        protection engineering, including  the  design,  testing,
 2        and inspection of fire protection systems.
 3             (2)  The  practice  of  professional  engineering as
 4        defined in the Professional Engineering Practice  Act  of
 5        1989.
 6             (3)  The   practice  of  structural  engineering  as
 7        defined in the Structural  Engineering  Practice  Act  of
 8        1989.
 9             (4)  The  practice of architecture as defined in the
10        Illinois Architecture Practice Act of 1989.
11             (5)  The activities of  persons  or  firms  licensed
12        under  the Illinois Public Accounting Act if performed in
13        the course of their professional practice.
14             (6)  An attorney licensed to  practice  in  Illinois
15        while engaging in the practice of law.
16             (7)  A  person engaged exclusively and employed by a
17        person, firm, association, or corporation in the business
18        of  transporting  persons  or  property   in   interstate
19        commerce  and  making  an  investigation  related  to the
20        business of that employer.

21        Section 10-15.  Licensure classifications.
22        (a)  The types of individual licenses issued pursuant  to
23    this Act are:
24             (1)  Private detective.
25             (2)  Private security contractor.
26             (3)  Private alarm contractor.
27             (4)  Locksmith.
28        (b)  The  types  of  business licenses issued pursuant to
29    this Act are:
30             (1)  Private detective agency.
31             (2)  Private security contractor agency.
32             (3)  Private alarm contractor agency.
33             (4)  Locksmith agency.
 
                            -10-     LRB093 05120 AMC 14382 a
 1             (5)  Agency branch office license.

 2        Section 10-20.  Application for license; forms.
 3        (a)  Each license application shall be on forms  provided
 4    by the Department.
 5        (b)  Application  for  a  license by endorsement, without
 6    examination, shall be made in accordance with the  provisions
 7    of Section 10-40.
 8        (c)  Every  application  for  an  original,  renewal,  or
 9    restored   license   shall  include  the  applicant's  Social
10    Security number.

11        Section 10-25.  Issuance of license; renewal; fees.
12        (a)  The   Department   shall,   upon   the   applicant's
13    satisfactory completion of the requirements set forth in this
14    Act and upon receipt of the fee, issue the license and wallet
15    card  indicating  the  name  and  business  location  of  the
16    licensee  and  the  dates  of  issuance  and  expiration  and
17    containing a photograph  of  the  licensee  provided  to  the
18    Department  that is not more than one year old as of the date
19    of  application  for  licensure  and  reflects   any   recent
20    appearance changes.
21        (b)  An  applicant  may,  upon satisfactory completion of
22    the requirements set forth in this Act and  upon  receipt  of
23    fees  related  to  the application and testing for licensure,
24    elect to  defer  the  issuance  of  the  applicant's  initial
25    license  for  a  period not longer than 6 years. An applicant
26    who fails to request issuance of his or her  initial  license
27    or  agency  license  and  to remit the fees required for that
28    license within 6 years  shall  be  required  to  resubmit  an
29    application together with all required fees.
30        (c)  The  expiration date, renewal period, and conditions
31    for  renewal  and  restoration  of  each  license,  permanent
32    employee registration card, and  firearm  authorization  card
 
                            -11-     LRB093 05120 AMC 14382 a
 1    shall  be  set  by  rule.  The  holder may renew the license,
 2    permanent   employee   registration    card,    or    firearm
 3    authorization   card   during   the  30  days  preceding  its
 4    expiration  by  paying  the  required  fee  and  by   meeting
 5    conditions  that  the  Department  may  specify.  Any license
 6    holder who notifies the Department on forms prescribed by the
 7    Department may place his or her license  on  inactive  status
 8    for a period of not longer than 6 years and shall, subject to
 9    the  rules  of  the  Department,  be  excused from payment of
10    renewal  fees  until  the   license   holder   notifies   the
11    Department,  in  writing,  of  an  intention to resume active
12    status.  Practice  while  on  inactive   status   constitutes
13    unlicensed  practice.  A  non-renewed license that has lapsed
14    for less than 6 years may be restored  upon  payment  of  the
15    restoration  fee  and all lapsed renewal fees. A license that
16    has lapsed for more than 6 years may be  restored  by  paying
17    the  required restoration fee and all lapsed renewal fees and
18    by  providing  evidence  of  competence  to  resume  practice
19    satisfactory to the  Department  and  the  Board,  which  may
20    include  passing  a written examination. All restoration fees
21    and lapsed renewal fees shall  be  waived  for  an  applicant
22    whose license lapsed while on active duty in the armed forces
23    of  the  United States if application for restoration is made
24    within 12 months after discharge from the service.
25        (d)  The Department shall by rule provide  for  fees  for
26    the  administration and enforcement of this Act and such fees
27    are nonrefundable. All  fees  shall  be  deposited  into  the
28    General Professions Dedicated Fund and be appropriated to the
29    Department  for  the  ordinary and contingent expenses of the
30    Department in the administration and enforcement of this Act.

31        Section 10-30.  Unlawful  acts.  It  is  unlawful  for  a
32    licensee or an employee of a licensed agency:
33             (1)  Upon  termination  of employment by the agency,
 
                            -12-     LRB093 05120 AMC 14382 a
 1        to fail to return upon  demand  or  within  72  hours  of
 2        termination  of  employment  any  firearm  issued  by the
 3        employer   together   with   the    employee's    firearm
 4        authorization card.
 5             (2)  Upon  termination  of employment by the agency,
 6        to fail to return  within  72  hours  of  termination  of
 7        employment  any  uniform,  badge, identification card, or
 8        equipment issued, but not sold, to the  employee  by  the
 9        agency.
10             (3)  To falsify the employee's statement required by
11        this Act.

12        Section  10-35.  Examination of applicants; forfeiture of
13    fee.
14        (a)  Applicants  for  licensure  shall  be  examined   as
15    provided by this Section if they are qualified to be examined
16    under  this  Act. All applicants taking the examination shall
17    be evaluated using the  same  standards  as  others  who  are
18    examined for the respective license.
19        (b)  Examinations  for  licensure  shall  be held at such
20    time and place as the Department may determine, but shall  be
21    held at least twice a year.
22        (c)  Examinations  shall test the amount of knowledge and
23    skill needed to perform the duties set forth in this Act  and
24    be  in  the  interest  of  the  protection of the public. All
25    applicants,  except  locksmith  applicants,  shall  also   be
26    examined   on   subject  matter  related  to  this  Act,  the
27    Constitutions of the United States and the State of Illinois,
28    Illinois government, and  the  Criminal  Code  of  1961.  The
29    Department  may  contract  with  a  testing  service  for the
30    preparation and conduct of the examination.
31        (d)  If an applicant neglects, fails, or refuses to  take
32    an  examination  within one year after filing an application,
33    the fee shall be forfeited. However, an applicant may,  after
 
                            -13-     LRB093 05120 AMC 14382 a
 1    the  one-year period, make a new application for examination,
 2    accompanied by the required fee. If  an  applicant  fails  to
 3    pass   the   examination  within  3  years  after  filing  an
 4    application, the application shall be  denied.  An  applicant
 5    may make a new application after the 3-year period.

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

22        Section  10-45.  Emergency care without a fee.  A license
23    holder, agency, or registered employee of a private  security
24    contractor,  as  defined  in Section 5-10 of this Act, who in
25    good faith provides emergency care without fee to any  person
26    or  takes  actions  in good faith that directly relate to the
27    employee's  job  responsibilities  to  protect   people   and
28    property,  as  defined  by  the  areas  in  which  registered
29    security  officers  receive training under Sections 20-20 and
30    25-20 shall not, as a result of his or her acts or omissions,
31    except willful and wanton misconduct, in providing the  care,
32    be liable to a person to whom such care is provided for civil
 
                            -14-     LRB093 05120 AMC 14382 a
 1    damages.

 2                   ARTICLE 15. PRIVATE DETECTIVES.

 3        Section   15-5.  Exemptions;   private   detective.   The
 4    provisions  of  this Act relating to the licensure of private
 5    detectives do not apply to any of the following:
 6             (1)  An employee of the United States, Illinois,  or
 7        a  political  subdivision of either while the employee is
 8        engaged in the performance of his or her official  duties
 9        within  the  scope of his or her employment. However, any
10        such person who offers his or her services as  a  private
11        detective or uses a similar title when these services are
12        performed   for   compensation  or  other  consideration,
13        whether received directly or indirectly,  is  subject  to
14        this Act.
15             (2)  A   person,   firm,  or  other  entity  engaged
16        exclusively in tracing and compiling lineage or  ancestry
17        who  does not hold himself or herself out to be a private
18        detective.
19             (3)  A person engaged exclusively in  obtaining  and
20        furnishing  information  as  to  the  financial rating or
21        credit worthiness of persons or  a  person  who  provides
22        reports   in   connection   with   (i)   consumer  credit
23        transactions, (ii) information for  employment  purposes,
24        or  (iii)  information  for  the underwriting of consumer
25        insurance.
26             (4)  Insurance adjusters employed or under  contract
27        as   adjusters  who  engage  in  no  other  investigative
28        activities  other  than  those  directly  connected  with
29        adjustment of claims against an insurance  company  or  a
30        self-insured  entity  by  which they are employed or with
31        which they have a  contract.  No  insurance  adjuster  or
32        company   may   use   the  term  "investigation"  or  any
 
                            -15-     LRB093 05120 AMC 14382 a
 1        derivative thereof, in its name or in its advertising.

 2        Section 15-10.  Qualifications for licensure as a private
 3    detective.
 4        (a)  A person is qualified for  licensure  as  a  private
 5    detective   if   he   or  she  meets  all  of  the  following
 6    requirements:
 7             (1)  Is at least 21 years of age.
 8             (2)  Has not been convicted of  any  felony  in  any
 9        jurisdiction  or at least 10 years have elapsed since the
10        time of full discharge from  a  sentence  imposed  for  a
11        felony conviction.
12             (3)  Is of good moral character. Good character is a
13        continuing requirement of licensure. Conviction of crimes
14        other  than  felonies  may  be  used in determining moral
15        character, but shall not constitute an  absolute  bar  to
16        licensure.
17             (4)  Has not been declared by any court of competent
18        jurisdiction  to  be  incompetent  by reason of mental or
19        physical  defect  or  disease,   unless   a   court   has
20        subsequently declared him or her to be competent.
21             (5)  Is  not suffering from dependence on alcohol or
22        from narcotic addiction or dependence.
23             (6)  Has a minimum of 3 years experience  of  the  5
24        years immediately preceding application working full-time
25        for  a  licensed private detective agency as a registered
26        private  detective  agency  employee  or  with  3   years
27        experience  of  the  5 years immediately preceding his or
28        her application employed as a full-time investigator  for
29        a  licensed  attorney or in a law enforcement agency of a
30        federal  or  state  political  subdivision,  which  shall
31        include  a  state's  attorney's  office   or   a   public
32        defender's  office.  The  Board  and the Department shall
33        approve  such  full-time  investigator   experience.   An
 
                            -16-     LRB093 05120 AMC 14382 a
 1        applicant  who  has a baccalaureate degree, or higher, in
 2        law enforcement or a related field or a  business  degree
 3        from  an  accredited college or university shall be given
 4        credit for 2 of the 3 years of the  required  experience.
 5        An   applicant   who  has  an  associate  degree  in  law
 6        enforcement or in a related field or in business from  an
 7        accredited  college  or  university shall be given credit
 8        for one of the 3 years of the required experience.
 9             (7)  Has not been dishonorably discharged  from  the
10        armed  forces  of  the  United  States  or  has  not been
11        discharged from a law enforcement agency  of  the  United
12        States  or  of  any state or of any political subdivision
13        thereof, which shall include a state's  attorney  office,
14        for reasons relating to his or her conduct as an employee
15        of that law enforcement agency.
16             (8)  Has  passed  an  examination  authorized by the
17        Department.
18        (b)  It is the responsibility of the applicant to  obtain
19    general   liability  insurance  in  an  amount  and  coverage
20    appropriate for the applicant's circumstances  as  determined
21    by rule. The applicant shall provide evidence of insurance to
22    the  Department  before  being  issued  a license. Failure to
23    maintain general  liability  insurance  and  to  provide  the
24    Department  with  written proof of the insurance shall result
25    in cancellation of the license.

26        Section 15-15.  Qualifications for licensure as a private
27    detective agency.
28        (a)  Upon receipt of the required fee and proof that  the
29    applicant   has   a   full-time   Illinois  licensed  private
30    detective-in-charge, which is a  continuing  requirement  for
31    agency   licensure,   the  Department  shall  issue,  without
32    examination, a license as a private detective agency  to  any
33    of the following:
 
                            -17-     LRB093 05120 AMC 14382 a
 1             (1)  An individual who submits an application and is
 2        a licensed private detective under this Act.
 3             (2)  A  firm  that submits an application and all of
 4        the members of the firm are licensed  private  detectives
 5        under this Act.
 6             (3)  A  corporation  or  limited  liability  company
 7        doing  business  in  Illinois  that  is authorized by its
 8        articles of incorporation or organization  to  engage  in
 9        the  business  of conducting a detective agency, provided
10        at least one full-time executive employee is licensed  as
11        a  private  detective  in  Illinois  and  all  unlicensed
12        officers  and  directors are determined by the Department
13        to be persons of good moral character.
14        (b)  No private detective may be  the  licensee-in-charge
15    for  more  than  one  private  detective agency. Upon written
16    request by a representative of  an  agency,  within  10  days
17    after  the  loss of a licensee-in-charge of an agency because
18    of the death of that individual or because of the termination
19    of the employment of that individual,  the  Department  shall
20    issue  a  temporary  certificate  of  authority  allowing the
21    continuing operation of the  licensed  agency.  No  temporary
22    certificate  of  authority  shall  be  valid for more than 90
23    days. An extension of an additional 90 days  may  be  granted
24    upon written request by the representative of the agency. Not
25    more than 2 extensions may be granted to any agency.

26        Section 15-25.  Training.
27        (a)  Registered  employees  of a private detective agency
28    shall complete, within 30 days of their employment, a minimum
29    of 20 hours of training provided by a  qualified  instructor.
30    The  substance  of  the training shall be related to the work
31    performed by the registered employee.
32        (b)  It is the responsibility of the employer to certify,
33    on a form provided by the Department, that the  employee  has
 
                            -18-     LRB093 05120 AMC 14382 a
 1    successfully  completed  the  training.  The  form shall be a
 2    permanent record of training completed by  the  employee  and
 3    shall  be placed in the employee's file with the employer for
 4    the period the employee remains with the employer. An  agency
 5    may  place a notarized copy of the Department form in lieu of
 6    the original into the permanent  employee  registration  card
 7    file.  The  original form shall be given to the employee when
 8    his or her employment is terminated. Failure  to  return  the
 9    original  form  to  the  employee is grounds for disciplinary
10    action. The employee shall not  be  required  to  repeat  the
11    required training once the employee has been issued the form.
12    An employer may provide or require additional training.
13        (c)  Any certification of completion of the 20-hour basic
14    training  issued  under the Private Detective, Private Alarm,
15    Private Security, and Locksmith Act of 1993 or any prior  Act
16    shall be accepted as proof of training under this Act.

17               ARTICLE 20. PRIVATE ALARM CONTRACTORS.

18        Section 20-5.  Exemptions; private alarm contractor.
19        (a)  The  provisions of this Act related to the licensure
20    of private alarm contractors do  not  apply  to  any  of  the
21    following:
22             (1)  A  person  who sells alarm system equipment and
23        is not an employee, agent, or independent  contractor  of
24        an  entity  that  installs,  monitors, maintains, alters,
25        repairs,  services,  or  responds  to  alarm  systems  at
26        protected premises or premises to be protected if all  of
27        the following conditions are met:
28                  (A)  The  alarm  systems are approved either by
29             Underwriters Laboratories or  another  authoritative
30             entity  recognized  by the Department and identified
31             by a federally-registered trademark.
32                  (B)  The owner of the trademark has  authorized
 
                            -19-     LRB093 05120 AMC 14382 a
 1             the  person  to  sell the trademark owner's products
 2             and the person provides proof to the  Department  of
 3             this authorization.
 4                  (C)  The  owner of the trademark provides, upon
 5             the  Department's  request,   proof   of   liability
 6             insurance  for bodily injury or property damage from
 7             defective  products  of  not  less  than  $1,000,000
 8             combined single limit. The insurance policy need not
 9             apply exclusively to alarm systems.
10             (2)  A person who  sells,  installs,  maintains,  or
11        repairs automobile alarm systems.
12             (3)  A licensed electrical contractor who repairs or
13        services fire alarm systems on an emergency call-in basis
14        or  who  sells,  installs, maintains, alters, repairs, or
15        services only fire alarm systems and not alarm  or  other
16        security related electronic systems.
17        (b)  Persons  who  have  no  access  to  confidential  or
18    security   information  and  who  otherwise  do  not  provide
19    traditional  security  services  are  exempt  from   employee
20    registration.  Examples  of exempt employees include, but are
21    not limited to, employees working in the capacity of delivery
22    drivers, reception personnel,  building  cleaning,  landscape
23    and  maintenance personnel, and employees involved in vehicle
24    and equipment repair. Confidential or security information is
25    that which pertains to  employee  files,  scheduling,  client
26    contracts, or technical security and alarm data.

27        Section 20-10.  Qualifications for licensure as a private
28    alarm contractor.
29        (a)  A  person  is  qualified  for licensure as a private
30    alarm contractor if he or she  meets  all  of  the  following
31    requirements:
32             (1)  Is at least 21 years of age.
33             (2)  Has  not  been  convicted  of any felony in any
 
                            -20-     LRB093 05120 AMC 14382 a
 1        jurisdiction or at least 10 years have elapsed since  the
 2        time  of  full  discharge  from  a sentence imposed for a
 3        felony conviction.
 4             (3)  Is  of  good  moral   character.   Good   moral
 5        character  is  a  continuing  requirement  of  licensure.
 6        Conviction  of  crimes other than felonies may be used in
 7        determining moral character, but shall not constitute  an
 8        absolute bar to licensure.
 9             (4)  Has not been declared by any court of competent
10        jurisdiction  to  be  incompetent  by reason of mental or
11        physical  defect  or  disease,   unless   a   court   has
12        subsequently declared him or her to be competent.
13             (5)  Is  not suffering from dependence on alcohol or
14        from narcotic addiction or dependence.
15             (6)  Has a minimum of 3 years experience  of  the  5
16        years  immediately  preceding  application  working  as a
17        full-time manager for a licensed private alarm contractor
18        agency or for an entity that  designs,  sells,  installs,
19        services, or monitors alarm systems that, in the judgment
20        of  the  Board, satisfies the standards of alarm industry
21        competence. An applicant who has received a 4-year degree
22        or higher in electrical engineering or  a  related  field
23        from  a  program  approved  by  the  Board shall be given
24        credit  for  2  years  of  the  required  experience.  An
25        applicant  who  has  successfully  completed  a  national
26        certification program approved  by  the  Board  shall  be
27        given credit for one year of the required experience.
28             (7)  Has  not  been dishonorably discharged from the
29        armed forces of the United States.
30             (8)  Has passed an  examination  authorized  by  the
31        Department.
32             (9)  Submits the photographs, fingerprints, proof of
33        having   general   liability   insurance  required  under
34        subsection (b), and the required license fee.
 
                            -21-     LRB093 05120 AMC 14382 a
 1             (10)  Has not violated Section 5-5 of this Act.
 2        (b)  It is the responsibility of the applicant to  obtain
 3    general   liability  insurance  in  an  amount  and  coverage
 4    appropriate for the applicant's circumstances  as  determined
 5    by rule. The applicant shall provide evidence of insurance to
 6    the  Department  before  being  issued  a license. Failure to
 7    maintain general  liability  insurance  and  to  provide  the
 8    Department  with  written proof of the insurance shall result
 9    in cancellation of the license.

10        Section 20-15.  Qualifications for licensure as a private
11    alarm contractor agency.
12        (a)  Upon receipt of the required fee and proof that  the
13    applicant  has  a  full-time  Illinois licensed private alarm
14    contractor-in-charge, which is a continuing  requirement  for
15    agency   licensure,   the  Department  shall  issue,  without
16    examination, a license as a private alarm  contractor  agency
17    to any of the following:
18             (1)  An individual who submits an application and is
19        a licensed private alarm contractor under this Act.
20             (2)  A  firm  that submits an application and all of
21        the members  of  the  firm  are  licensed  private  alarm
22        contractors under this Act.
23             (3)  A  corporation  or  limited  liability  company
24        doing  business  in  Illinois  that  is authorized by its
25        articles of incorporation or organization  to  engage  in
26        the  business  of  conducting  a private alarm contractor
27        agency if at least one executive employee is licensed  as
28        a  private  alarm  contractor  under  this  Act  and  all
29        unlicensed  officers  and directors of the corporation or
30        limited  liability  company   are   determined   by   the
31        Department to be persons of good moral character.
32        (b)  No private alarm contractor may be the private alarm
33    contractor-in-charge   for   more   than  one  private  alarm
 
                            -22-     LRB093 05120 AMC 14382 a
 1    contractor agency. Upon written request by  a  representative
 2    of  an  agency,  within  10 days after the loss of a licensed
 3    private alarm contractor-in-charge of an  agency  because  of
 4    the death of that individual or because of the termination of
 5    the employment of that individual, the Department shall issue
 6    a  temporary certificate of authority allowing the continuing
 7    operation of the licensed agency. No temporary certificate of
 8    authority shall be valid for more than 90 days. An  extension
 9    of  an additional 90 days may be granted upon written request
10    by  the  representative  of  the  agency.  Not  more  than  2
11    extensions may be granted to any agency.
12        (c)  No   private   alarm   contractor,   private   alarm
13    contractor agency, or person may install or connect an  alarm
14    system  or  fire alarm system that connects automatically and
15    directly to a governmentally operated police or fire dispatch
16    system in a manner that violates subsection  (a)  of  Section
17    15.2  of  the  Emergency Telephone System Act. In addition to
18    the penalties provided by the Emergency Telephone System Act,
19    a private alarm contractor agency that violates this  Section
20    shall  pay  the  Department an additional penalty of $250 per
21    occurrence.

22        Section 20-20.  Training.
23        (a)  Registered employees of the private alarm contractor
24    agency who carry a firearm and respond to alarm systems shall
25    complete, within 30 days of their employment, a minimum of 20
26    hours  of  classroom  training  provided   by   a   qualified
27    instructor and shall include all of the following subjects:
28             (1)  The law regarding arrest and search and seizure
29        as it applies to the private alarm industry.
30             (2)  Civil  and  criminal liability for acts related
31        to the private alarm industry.
32             (3)  The use of force.
33             (4)  Arrest and control techniques.
 
                            -23-     LRB093 05120 AMC 14382 a
 1             (5)  The offenses under the Criminal  Code  of  1961
 2        that  are  directly  related to the protection of persons
 3        and property.
 4             (6)  The  law  on  private  alarm  forces   and   on
 5        reporting to law enforcement agencies.
 6             (7)  Fire   prevention,  fire  equipment,  and  fire
 7        safety.
 8             (8)  The procedures for service of process  and  for
 9        report writing.
10             (9)  Civil rights and public relations.
11        (b)  All  other  employees  of a private alarm contractor
12    agency shall complete a  minimum  of  20  hours  of  training
13    provided  by  a  qualified instructor within 30 days of their
14    employment. The substance of the training shall be related to
15    the work performed by the registered employee.
16        (c)  It is the responsibility of the employer to certify,
17    on a form provided by the Department, that the  employee  has
18    successfully  completed  the  training.  The  form shall be a
19    permanent record of training completed by  the  employee  and
20    shall  be placed in the employee's file with the employer for
21    the period the employee remains with the employer. A  private
22    alarm  contractor  agency  may  place a notarized copy of the
23    Department form in lieu of the original  into  the  permanent
24    employee  registration  card file. The original form shall be
25    given  to  the  employee  when  his  or  her  employment   is
26    terminated.  Failure  to  return  the  original  form  to the
27    employee is grounds for  disciplinary  action.  The  employee
28    shall  not  be  required to repeat the required training once
29    the employee has  been  issued  the  form.  An  employer  may
30    provide or require additional training.
31        (d)  Any certification of completion of the 20-hour basic
32    training  issued  under the Private Detective, Private Alarm,
33    Private Security, and Locksmith Act of 1993 or any prior  Act
34    shall be accepted as proof of training under this Act.
 
                            -24-     LRB093 05120 AMC 14382 a
 1              ARTICLE 25. PRIVATE SECURITY CONTRACTORS.

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

25        Section 25-10.  Qualifications for licensure as a private
26    security contractor.
27        (a)  A person is qualified for  licensure  as  a  private
28    security  contractor  if he or she meets all of the following
29    requirements:
30             (1)  Is at least 21 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
 
                            -25-     LRB093 05120 AMC 14382 a
 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  as a
16        full-time  manager  for  a  licensed   private   security
17        contractor  agency or a manager of a proprietary security
18        force  of  30  or  more  persons  registered   with   the
19        Department  or  with  3  years  experience of the 5 years
20        immediately preceding his or her application employed  as
21        a  full-time  supervisor in a law enforcement agency of a
22        federal  or  state  political  subdivision,  which  shall
23        include a state's attorney's office or public  defender's
24        office.  The  Board and the Department shall approve such
25        full-time supervisory experience. An applicant who has  a
26        baccalaureate  degree  or  higher  in police science or a
27        related field or a business  degree  from  an  accredited
28        college  or university shall be given credit for 2 of the
29        3 years of the required experience. An applicant who  has
30        an  associate  degree  in  police science or in a related
31        field or  in  business  from  an  accredited  college  or
32        university  shall  be given credit for one of the 3 years
33        of the required experience.
34             (7)  Has not been dishonorably discharged  from  the
 
                            -26-     LRB093 05120 AMC 14382 a
 1        armed forces of the United States.
 2             (8)  Has  passed  an  examination  authorized by the
 3        Department.
 4        (b)  It is the responsibility of the applicant to  obtain
 5    general   liability  insurance  in  an  amount  and  coverage
 6    appropriate for the applicant's circumstances  as  determined
 7    by rule. The applicant shall provide evidence of insurance to
 8    the  Department  before  being  issued  a license. Failure to
 9    maintain general  liability  insurance  and  to  provide  the
10    Department  with  written proof of the insurance shall result
11    in cancellation of the license.

12        Section 25-15.  Qualifications for licensure as a private
13    security contractor agency.
14        (a)  Upon receipt of the required fee and proof that  the
15    applicant  has a full-time Illinois licensed private security
16    contractor-in-charge, which is a continuing  requirement  for
17    agency   licensure,   the  Department  shall  issue,  without
18    examination, a  license  as  a  private  security  contractor
19    agency to any of the following:
20             (1)  An individual who submits an application and is
21        a licensed private security contractor under this Act.
22             (2)  A  firm  that submits an application and all of
23        the members of the firm  are  licensed  private  security
24        contractors under this Act.
25             (3)  A  corporation  or  limited  liability  company
26        doing  business  in  Illinois  that  is authorized by its
27        articles of incorporation or organization  to  engage  in
28        the  business of conducting a private security contractor
29        agency if at least one officer or executive  employee  is
30        licensed as a private security contractor by this Act and
31        all  unlicensed  officers and directors are determined by
32        the Department to be persons of good moral character.
33        (b)  No private security contractor may  be  the  private
 
                            -27-     LRB093 05120 AMC 14382 a
 1    security  contractor  licensee-in-charge  for  more  than one
 2    private security contractor agency. Upon written request by a
 3    representative of the agency, within 10 days after  the  loss
 4    of  a  private  security  contractor licensee-in-charge of an
 5    agency because of the death of that individual or because  of
 6    the  termination  of  the  employment of that individual, the
 7    Department shall issue a temporary certificate  of  authority
 8    allowing  the continuing operation of the licensed agency. No
 9    temporary certificate of authority shall be  valid  for  more
10    than  90  days.  An extension of an additional 90 days may be
11    granted upon written request by  the  representative  of  the
12    agency.  Not  more  than  2  extensions may be granted to any
13    agency.

14        Section 25-20.  Training.
15        (a)  Registered  employees  of   the   private   security
16    contractor  agency  who provide traditional guarding or other
17    private security related functions or who  respond  to  alarm
18    systems shall complete, within 30 days of their employment, a
19    minimum  of  20  hours  of  classroom  training provided by a
20    qualified instructor, which    shall  include  the  following
21    subjects:
22             (1)  The law regarding arrest and search and seizure
23        as it applies to private security.
24             (2)  Civil  and  criminal liability for acts related
25        to private security.
26             (3)  The use of force.
27             (4)  Arrest and control techniques.
28             (5)  The offenses under the Criminal  Code  of  1961
29        that  are  directly  related to the protection of persons
30        and property.
31             (6)  The law  on  private  security  forces  and  on
32        reporting to law enforcement agencies.
33             (7)  Fire   prevention,  fire  equipment,  and  fire
 
                            -28-     LRB093 05120 AMC 14382 a
 1        safety.
 2             (8)  The procedures for service of process  and  for
 3        report writing.
 4             (9)  Civil rights and public relations.
 5        (b)  All other employees of a private security contractor
 6    agency  shall  complete  a  minimum  of  20 hours of training
 7    provided by the qualified instructor within 30 days of  their
 8    employment. The substance of the training shall be related to
 9    the work performed by the registered employee.
10        (c)  Registered   employees   of   the  private  security
11    contractor shall complete, within 6 months of  the  start  of
12    their   employment,  an  additional  8  hours  of  on-the-job
13    training.
14        (d)  Registered   employees   of   a   private   security
15    contractor agency, with a minimum of one year of  employment,
16    who  provide  traditional  guarding or other private security
17    related functions, shall complete on an annual calendar  year
18    basis  a  minimum  of  8 hours of on-the-job training to meet
19    site  specific  requirements.    The   foregoing   on-the-job
20    training  is in addition to the basic training required under
21    this Section.
22        (e)  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
34    required training once the employee has been issued the form.
 
                            -29-     LRB093 05120 AMC 14382 a
 1    An employer may provide or require additional training.
 2        (f)  Any certification of completion of the 20-hour basic
 3    training  issued  under the Private Detective, Private Alarm,
 4    Private Security and Locksmith Act of 1993 or any  prior  Act
 5    shall be accepted as proof of training under this Act.

 6        Section 25-30.  Uniforms.
 7        (a)  No  licensee  under  this  Act  or any employee of a
 8    licensed agency shall wear or display a badge, shoulder patch
 9    or  other  identification  that  contains  the   words   "law
10    enforcement".  No  license  holder  or employee of a licensed
11    agency shall imply in  any  manner  that  the  person  is  an
12    employee  or  agent of a governmental entity, display a badge
13    or identification card, emblem, or uniform  using  the  words
14    "police",   "sheriff",   "highway  patrol",  "trooper",  "law
15    enforcement" or any similar term.
16        (b)  All full  uniforms,  if  worn,  by  employees  of  a
17    licensed  private  security  contractor agency, must bear the
18    name of the private security contractor agency,  which  shall
19    be plainly visible on a patch, badge, or other insignia.

20                       ARTICLE 30. LOCKSMITHS.

21        Section  30-5.  Exemptions;  locksmith. The provisions of
22    this Act do not apply to any of the following if  the  person
23    performing  the  service does not hold himself or herself out
24    as a locksmith:
25             (1)  Automobile   service   dealers   who   service,
26        install, repair, or rebuild automobile locks.
27             (2)  Police officers who open a lock on an emergency
28        dispatch situation.
29             (3)  A retail  merchant  selling  locks  or  similar
30        security  accessories,  duplicating  keys, or installing,
31        programming, or servicing electronic garage door devices.
 
                            -30-     LRB093 05120 AMC 14382 a
 1             (4)  A member of the building trades who installs or
 2        removes complete locks or locking devices in  the  course
 3        of   residential   or   commercial  new  construction  or
 4        remodeling.
 5             (5)  An employee of a towing  service,  repossessor,
 6        or automobile club opening automotive locks in the normal
 7        course of his or her duties. Additionally, this Act shall
 8        not prohibit an employee of a towing service from opening
 9        motor  vehicles  to  enable a vehicle to be moved without
10        towing, provided the towing service does not hold  itself
11        out  to the public, by directory advertisement, through a
12        sign at the facilities of the towing service, or  by  any
13        other form of advertisement, as a locksmith.
14             (6)  A  student  in the course of study in locksmith
15        programs approved by the Department.
16             (7)  Warranty service by a lock manufacturer or  its
17        employees on the manufacturer's own products.
18             (8)  A maintenance employee of a property management
19        company   at  a  multi-family  residential  building  who
20        services, installs, repairs, or opens locks for tenants.
21             (9)  A  person  employed  exclusively  by  only  one
22        employer in connection with the exclusive  activities  of
23        that  employer,  providing  that  person  does  not  hold
24        himself or herself out to the public as a locksmith.
25             (10)  Persons  who have no access to confidential or
26        security information and who  otherwise  do  not  provide
27        traditional  locksmith  services, as defined in this Act,
28        are exempt from employee registration. Examples of exempt
29        employees include, but  are  not  limited  to,  employees
30        working   in  the  capacity  of  key  cutters,  cashiers,
31        drivers,  and  reception   personnel.   Confidential   or
32        security  information  is that which pertains to employee
33        files, scheduling, client contracts, master  key  charts,
34        access codes, or technical security and alarm data.
 
                            -31-     LRB093 05120 AMC 14382 a
 1        Section   30-10.  Qualifications   for   licensure  as  a
 2    locksmith.
 3        (a)  A person is qualified for licensure as  a  locksmith
 4    if he or she meets all of the following requirements:
 5             (1)  Is at least 18 years of age.
 6             (2)  Has  not  been  convicted  of any felony in any
 7        jurisdiction or at least 10 years have elapsed since  the
 8        time  of  full  discharge  from  a sentence imposed for a
 9        felony conviction.
10             (3)  Is  of  good  moral   character.   Good   moral
11        character  is  a  continuing  requirement  of  licensure.
12        Conviction  of  crimes other than felonies may be used in
13        determining moral character, but shall not constitute  an
14        absolute bar to licensure.
15             (4)  Has not been declared by any court of competent
16        jurisdiction  to  be  incompetent  by reason of mental or
17        physical  defect  or  disease,   unless   a   court   has
18        subsequently declared him or her to be competent.
19             (5)  Is  not suffering from dependence on alcohol or
20        from narcotic addiction or dependence.
21             (6)  Has not been dishonorably discharged  from  the
22        armed forces of the United States.
23             (7)  Has  passed  an  examination  authorized by the
24        Department.
25             (8)  Submits  the  photographs,  the   fingerprints,
26        proof  of  having  general  liability  insurance required
27        under subsection (b), and the required license fee.
28             (9)  Has not violated Section 10-5 of this Act.
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
 
                            -32-     LRB093 05120 AMC 14382 a
 1    Department  with  written proof of the insurance shall result
 2    in cancellation of the license. A  locksmith  employed  by  a
 3    licensed  locksmith  agency  or employed by a private concern
 4    may provide proof that his or her actions as a locksmith  are
 5    covered by the liability insurance of his or her employer.

 6        Section   30-15.  Qualifications   for   licensure  as  a
 7    locksmith agency.
 8        (a)  Upon receipt of the required fee and proof that  the
 9    applicant  is an Illinois licensed locksmith who shall assume
10    responsibility for  the  operation  of  the  agency  and  the
11    directed  actions  of  the  agency's  employees,  which  is a
12    continuing requirement for agency licensure,  the  Department
13    shall  issue,  without  examination, a license as a locksmith
14    agency to any of the following:
15             (1)  An individual who submits an application and is
16        a licensed locksmith under this Act.
17             (2)  A firm that submits an application and  all  of
18        the  members  of  the  firm are licensed locksmiths under
19        this Act.
20             (3)  A  corporation  or  limited  liability  company
21        doing business in Illinois  that  is  authorized  by  its
22        articles  of  incorporation  or organization to engage in
23        the business of conducting a locksmith agency if at least
24        one officer or executive employee is a licensed locksmith
25        under this Act and all unlicensed officers and  directors
26        of  the  corporation  or  limited  liability  company are
27        determined by the Department to be persons of good  moral
28        character.
29        (b)  An  individual  licensed  as  a  locksmith operating
30    under a business name registered with  the  Department  other
31    than  the licensed locksmith's own name shall not be required
32    to  obtain  a  locksmith  agency  license  if  that  licensed
33    locksmith does not  employ  any  persons  to  engage  in  the
 
                            -33-     LRB093 05120 AMC 14382 a
 1    practice of locksmithing.
 2        (c)  An  applicant  for  licensure  as a locksmith agency
 3    shall submit to the Department  proof  of  general  liability
 4    insurance sufficient for the agency's business circumstances.
 5    The  Department  shall,  by rule, specify the minimum general
 6    liability insurance requirements.  Failure  to  maintain  the
 7    general  liability  insurance shall result in cancellation of
 8    the license.
 9        (d)  No locksmith may be the locksmith licensee in-charge
10    for more than one locksmith agency. Upon written request by a
11    representative of the agency, within 10 days after  the  loss
12    of a locksmith-in-charge of an agency because of the death of
13    that   individual  or  because  of  the  termination  of  the
14    employment of that individual, the Department shall  issue  a
15    temporary  certificate  of  authority allowing the continuing
16    operation of the licensed agency. No temporary certificate of
17    authority shall be valid for more than 90 days. An  extension
18    of  an additional 90 days may be granted upon written request
19    by  the  representative  of  the  agency.  Not  more  than  2
20    extensions may be granted to any agency.

21        Section 30-20.  Training.
22        (a)  Registered employees of a licensed locksmith  agency
23    shall  complete a minimum of 20 hours of training provided by
24    a qualified instructor within 30 days  of  their  employment.
25    The substance of the training shall be prescribed by rule.
26        (b)  It is the responsibility of the employer to certify,
27    on  a  form provided by the Department, that the employee has
28    successfully completed the training.  The  form  shall  be  a
29    permanent  record  of  training completed by the employee and
30    shall be placed in the employee's file with the employer  for
31    the  period the employee remains with the employer. An agency
32    may place a notarized copy of the Department form in lieu  of
33    the  original  into the PERC file. The original form shall be
 
                            -34-     LRB093 05120 AMC 14382 a
 1    given  to  the  employee  when  his  or  her  employment   is
 2    terminated.  Failure  to  return  the  original  form  to the
 3    employee is grounds for  disciplinary  action.  The  employee
 4    shall  not  be  required to repeat the required training once
 5    the employee has  been  issued  the  form.  An  employer  may
 6    provide or require additional training.
 7        (c)  Any certification of completion of the 20-hour basic
 8    training  issued  under the Private Detective, Private Alarm,
 9    Private Security and Locksmith Act of 1993 or any  prior  Act
10    shall be accepted as proof of training under this Act.

11        Section 30-25.  Customer identification; record keeping.
12        (a)  A locksmith who bypasses, manipulates, or originates
13    a  first  key by code for a device safeguarding an area where
14    access  is  meant  to  be  limited,  whether   or   not   for
15    compensation, shall document where the work was performed and
16    the  name,  address,  date  of  birth,  telephone number, and
17    driver's license number or other identification number of the
18    person requesting the work to be done and  shall  obtain  the
19    signature   of  that  person.  This  documentation  shall  be
20    retained by the locksmith for at least 2 years and  shall  be
21    available for inspection upon written request made at least 3
22    days in advance by a law enforcement agency.
23        (b)  A locksmith who bypasses, manipulates, or originates
24    a  first  key  for  a  motor  vehicle,  whether  or  not  for
25    compensation,  shall  document  the  name,  address,  date of
26    birth, telephone number, vehicle identification  number,  and
27    driver's license number or other identification number of the
28    person  requesting  entry  and  obtain  the signature of that
29    person. Documentation shall be retained by the locksmith  for
30    at  least  2 years and shall be available for inspection upon
31    written request made at least 3 days  in  advance  by  a  law
32    enforcement agency.
 
                            -35-     LRB093 05120 AMC 14382 a
 1              ARTICLE 35. BUSINESS PRACTICE PROVISIONS.

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

 6        Section 35-10.  Inspection of facilities.  Each  licensee
 7    shall  permit  his  or  her  office facilities and registered
 8    employee files to be audited or inspected at reasonable times
 9    and in a reasonable  manner  upon  24  hours  notice  by  the
10    Department.

11        Section 35-15.  Advertisements; penalties.
12        (a)  No licensee providing services regulated by this Act
13    may  knowingly advertise those services without including his
14    or her license number in the advertisement. The publisher  of
15    the  advertising,  however,  is  not  required  to verify the
16    accuracy of the advertisement or the license number.
17        (b)  A licensee who advertises services regulated by this
18    Act who knowingly (i) fails to display his or her license  at
19    his  or  her  place  of  business,  (ii) fails to provide the
20    publisher with the current license number, or (iii)  provides
21    the publisher with a false license number or a license number
22    other than that of the person or agency doing the advertising
23    or  a licensee who knowingly allows his or her license number
24    to be displayed or  used  by  another  person  or  agency  to
25    circumvent  any  provision of this subsection, is guilty of a
26    Class A misdemeanor. Each day an advertisement  is  published
27    or  a  licensee  allows  his  or  her  license  to be used in
28    violation of this Section constitutes a separate offense.  In
29    addition  to  the  penalties  and  remedies  provided in this
30    Section, a  licensee  who  violates  any  provision  of  this
31    Section  shall  be subject to the disciplinary action, fines,
 
                            -36-     LRB093 05120 AMC 14382 a
 1    and civil penalty provisions of this Act.

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

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

27        Section 35-30.  Employee requirements. All employees of a
28    licensed agency, other than those exempted, shall apply for a
29    permanent employee registration card. The holder of an agency
30    license issued under this  Act,  known  in  this  Section  as
31    "employer",  may employ in the conduct of his or her business
 
                            -37-     LRB093 05120 AMC 14382 a
 1    employees under the following provisions:
 2        (1)  No person  shall  be  issued  a  permanent  employee
 3    registration card who:
 4             (A)  Is younger than 18 years of age.
 5             (B)  Is younger than 21 years of age if the services
 6        will include being armed.
 7             (C)  Has  been  determined  by  the Department to be
 8        unfit by reason of conviction of an offense  in  this  or
 9        another   state,   other  than  a  traffic  offense.  The
10        Department  shall  adopt  rules   for      making   those
11        determinations   that  shall  afford  the  applicant  due
12        process of law.
13             (D)  Has  had  a  license  or   permanent   employee
14        registration  card  denied,  suspended,  or revoked under
15        this Act within the previous 12 months from the  date  of
16        the denial, suspension, or revocation.
17             (E)  Has  been  declared incompetent by any court of
18        competent jurisdiction by reason  of  mental  disease  or
19        defect and has not been restored.
20             (F)  Has been dishonorably discharged from the armed
21        services of the United States.
22        (2)  No  person  may  be  employed by a private detective
23    agency, private security  contractor  agency,  private  alarm
24    contractor  agency,  or  locksmith  agency under this Section
25    until he or she has executed and furnished to  the  employer,
26    on forms furnished by the Department, a verified statement to
27    be known as "Employee's Statement" setting forth:
28             (A)  The  person's  full  name,  age,  and residence
29        address.
30             (B)  The business or occupation engaged in for the 5
31        years immediately before the date of the execution of the
32        statement, the place where the business or occupation was
33        engaged in, and the names of employers, if any.
34             (C)  That the  person  has  not  had  a  license  or
 
                            -38-     LRB093 05120 AMC 14382 a
 1        employee registration denied, revoked, or suspended under
 2        this Act.
 3             (D)  Any conviction of a felony or misdemeanor.
 4             (E)  Any  declaration  of incompetence by a court of
 5        competent jurisdiction that has not been restored.
 6             (F)  Any  dishonorable  discharge  from  the   armed
 7        services of the United States.
 8             (G)  Any other information as may be required by any
 9        rule  of  the  Department  to  show  the  good character,
10        competency, and integrity of  the  person  executing  the
11        statement.
12        (c)  Each applicant for a permanent employee registration
13    card  shall  have  his  or  her fingerprints submitted to the
14    Department of State  Police  in  an  electronic  format  that
15    complies   with  the  form  and  manner  for  requesting  and
16    furnishing criminal history record information as  prescribed
17    by  the  Department of State Police. These fingerprints shall
18    be checked against the Department of State Police and Federal
19    Bureau of Investigation criminal history record databases now
20    and hereafter filed. The Department  of  State  Police  shall
21    charge  applicants  a fee for conducting the criminal history
22    records check, which shall be deposited in the  State  Police
23    Services  Fund  and  shall  not exceed the actual cost of the
24    records check. The Department of State Police  shall  furnish
25    positive  records  of Illinois convictions to the Department.
26    The Department may  require  applicants  to  pay  a  separate
27    fingerprinting  fee,  either to the Department or directly to
28    the vendor. The Department, at its discretion, may  allow  an
29    applicant  who does not have reasonable access to a vendor to
30    provide his  or  her  fingerprints  in  another  manner.  The
31    Department,  at its discretion, may also use other procedures
32    in performing or obtaining  criminal  checks  of  applicants.
33    Instead  of submitting his or her fingerprints, an individual
34    may submit proof that is satisfactory to the Department  that
 
                            -39-     LRB093 05120 AMC 14382 a
 1    an equivalent security clearance has been conducted. Also, an
 2    individual  who  has  retired  as  a  peace officer within 12
 3    months of  application  may  submit  verification,  on  forms
 4    provided by the Department and signed by his or her employer,
 5    of  his  or  her  previous  full-time  employment  as a peace
 6    officer.
 7        (d)  The Department  shall  issue  a  permanent  employee
 8    registration  card,  in  a form the Department prescribes, to
 9    all qualified applicants. The  Department  shall  notify  the
10    submitting  licensed  agency within 10 days upon the issuance
11    of or intent to  deny  the  permanent  employee  registration
12    card.  The  holder  of a permanent employee registration card
13    shall carry the card at all times while actually  engaged  in
14    the  performance  of  the  duties  of  his or her employment.
15    Expiration and requirements for renewal of permanent employee
16    registration cards  shall  be  established  by  rule  of  the
17    Department.
18        Possession of a permanent employee registration card does
19    not  in any way imply that the holder of the card is employed
20    by an agency unless the permanent employee registration  card
21    is  accompanied  by the employee identification card required
22    by subsection (f) of this Section.
23        (e)  Each  employer  shall  maintain  a  record  of  each
24    employee  that  is  accessible   to   the   duly   authorized
25    representatives  of  the Department. The record shall contain
26    the following information:
27             (1)  A photograph taken within 10 days of  the  date
28        that  the  employee  begins employment with the employer.
29        The  photograph  shall  be  replaced   with   a   current
30        photograph every 3 calendar years.
31             (2)  The    Employee's    Statement   specified   in
32        subsection (b) of this Section.
33             (3)  All correspondence or documents relating to the
34        character and integrity of the employee received  by  the
 
                            -40-     LRB093 05120 AMC 14382 a
 1        employer  from  any  official  source  or law enforcement
 2        agency.
 3             (4)  In the case of former employees,  the  employee
 4        identification   card   of   that   person  issued  under
 5        subsection (f) of  this  Section.  Each  employee  record
 6        shall  duly  note if the employee is employed in an armed
 7        capacity. Armed employee files shall contain a copy of an
 8        active firearm owner's identification card and a copy  of
 9        an active firearm authorization card. Each employer shall
10        maintain  a  record  for  each  armed  employee  of  each
11        instance  in  which  the employee's weapon was discharged
12        during the course of his or her  professional  duties  or
13        activities.  The  record  shall  be  maintained  on forms
14        provided by the Department, a copy of which must be filed
15        with the Department within 15 days of  an  instance.  The
16        record shall include the date and time of the occurrence,
17        the  circumstances  involved  in  the occurrence, and any
18        other information as the Department may require.  Failure
19        to  provide this information to the Department or failure
20        to maintain the record as a part of each armed employee's
21        permanent file is grounds for  disciplinary  action.  The
22        Department,  upon  receipt  of  a  report, shall have the
23        authority  to  make  any   investigation   it   considers
24        appropriate  into  any  occurrence in which an employee's
25        weapon was discharged and to take disciplinary action  as
26        may be appropriate.
27             (5)  The  Department may, by rule, prescribe further
28        record requirements.
29        (f)  Every   employer   shall   furnish    an    employee
30    identification  card  to  each  of his or her employees. This
31    employee  identification  card   shall   contain   a   recent
32    photograph of the employee, the employee's name, the name and
33    agency   license  number  of  the  employer,  the  employee's
34    personal description, the  signature  of  the  employer,  the
 
                            -41-     LRB093 05120 AMC 14382 a
 1    signature  of  that  employee,  the  date of issuance, and an
 2    employee identification card number.
 3        (g)  No employer may  issue  an  employee  identification
 4    card  to  any  person  who is not employed by the employer in
 5    accordance with this Section or falsely  state  or  represent
 6    that  a  person  is  or  has been in his or her employ. It is
 7    unlawful for an applicant for registered employment  to  file
 8    with  the  Department the fingerprints of a person other than
 9    himself or herself.
10        (h)  Every employer shall obtain the identification  card
11    of every employee who terminates employment with him or her.
12        (i)  Every  employer  shall maintain a separate roster of
13    the names of all employees  currently  working  in  an  armed
14    capacity and submit the roster to the Department on request.
15        (j)  No  agency  may  employ  any  person  to  perform  a
16    licensed  activity under this Act unless the person possesses
17    a valid permanent  employee  registration  card  or  a  valid
18    license  under  this Act, or is exempt pursuant to subsection
19    (n).
20        (k)  Notwithstanding the provisions of subsection (j), an
21    agency may employ a person in a temporary capacity if all  of
22    the following conditions are met:
23             (1)  The   agency  completes  in  its  entirety  and
24        submits to the Department an application for a  permanent
25        employee   registration   card,  including  the  required
26        fingerprint receipt and fees.
27             (2)  The agency has verification from the Department
28        that  the  applicant  has  no  record  of  any   criminal
29        conviction   pursuant   to  the  criminal  history  check
30        conducted by the Department of State Police.  The  agency
31        shall  maintain  the  verification  of the results of the
32        Department of State Police criminal history check as part
33        of the employee record as required under  subsection  (e)
34        of this Section.
 
                            -42-     LRB093 05120 AMC 14382 a
 1             (3)  The  agency  exercises  due diligence to ensure
 2        that the person is qualified under  the  requirements  of
 3        the  Act  to  be issued a permanent employee registration
 4        card.
 5             (4)  The agency maintains a separate roster  of  the
 6        names  of  all employees whose applications are currently
 7        pending with the Department and submits the roster to the
 8        Department  on  a  monthly  basis.  Rosters  are  to   be
 9        maintained  by  the  agency  for  a period of at least 24
10        months.
11        An agency may employ only a permanent employee  applicant
12    for   which   it   either   submitted  a  permanent  employee
13    application and all required forms and fees  or  it  confirms
14    with the Department that a permanent employee application and
15    all  required  forms  and fees have been submitted by another
16    agency, licensee or the  permanent  employee  and  all  other
17    requirements of this Section are met.
18        The  Department  shall  have  the  authority  to  revoke,
19    without  a  hearing, the temporary authority of an individual
20    to work upon  receipt  of  Federal  Bureau  of  Investigation
21    fingerprint  data  or  a report of another official authority
22    indicating a criminal conviction. If the Department  has  not
23    received   a   temporary   employee's   Federal   Bureau   of
24    Investigation  fingerprint  data  within 120 days of the date
25    the  Department  received  the  Department  of  State  Police
26    fingerprint data, the  Department  may,  at  its  discretion,
27    revoke  the  employee's  temporary  authority to work with 15
28    days written notice  to  the  individual  and  the  employing
29    agency.
30        An agency may not employ a person in a temporary capacity
31    if  it  knows or reasonably should have known that the person
32    has been convicted of a crime under the laws of  this  State,
33    has  been  convicted  in another state of any crime that is a
34    crime under the laws of this State, has been convicted of any
 
                            -43-     LRB093 05120 AMC 14382 a
 1    crime in a federal court, or has been posted as an unapproved
 2    applicant by the Department. Notice by the Department to  the
 3    agency,  via  certified  mail,  personal delivery, electronic
 4    mail, or posting on the Department's Internet site accessible
 5    to the agency that the person has been convicted of  a  crime
 6    shall  be  deemed constructive knowledge of the conviction on
 7    the part of the agency.
 8        The  Department  may  adopt  rules  to   implement   this
 9    subsection (k).
10        (l)  No  person may be employed under this Section in any
11    capacity if:
12             (1)  the person, while so employed, is being paid by
13        the United States or any political  subdivision  for  the
14        time  so  employed  in addition to any payments he or she
15        may receive from the employer; or
16             (2)  the person wears any  portion  of  his  or  her
17        official uniform, emblem of authority, or equipment while
18        so employed.
19        (m)  If   information   is   discovered   affecting   the
20    registration  of  a  person whose fingerprints were submitted
21    under this Section, the Department shall so notify the agency
22    that submitted the fingerprints on behalf of that person.
23        (n)  Peace officers shall be exempt from the requirements
24    of this Section relating to permanent  employee  registration
25    cards.  The  agency  shall  remain  responsible for any peace
26    officer employed under this exemption, regardless of  whether
27    the  peace  officer  is  compensated  as an employee or as an
28    independent contractor and as further defined by rule.
29        (o)  Persons  who  have  no  access  to  confidential  or
30    security  information  and  who  otherwise  do  not   provide
31    traditional   security  services  are  exempt  from  employee
32    registration. Examples of exempt employees include,  but  are
33    not  limited to, employees working in the capacity of ushers,
34    directors, ticket takers, cashiers,  drivers,  and  reception
 
                            -44-     LRB093 05120 AMC 14382 a
 1    personnel. Confidential or security information is that which
 2    pertains  to employee files, scheduling, client contracts, or
 3    technical security and alarm data.

 4        Section 35-35.  Requirement of  a  firearm  authorization
 5    card.
 6        (a)  No person shall perform duties that include the use,
 7    carrying,  or  possession  of a firearm in the performance of
 8    those duties without complying with the  provisions  of  this
 9    Section  and having been issued a valid firearm authorization
10    card by the Department.
11        (b)  No employer shall employ any person to  perform  the
12    duties  for which employee registration is required and allow
13    that person  to  carry  a  firearm  unless  that  person  has
14    complied  with  all the firearm training requirements of this
15    Section and has been issued  a  firearm  authorization  card.
16    This  Act  permits only the following to carry firearms while
17    actually engaged in the performance of their duties or  while
18    commuting  directly  to  or  from their places of employment:
19    persons licensed as private detectives and  their  registered
20    employees;  persons  licensed as private security contractors
21    and their registered employees; persons licensed  as  private
22    alarm   contractors   and  their  registered  employees;  and
23    employees of a registered armed proprietary security force.
24        (c)  Possession of a  valid  firearm  authorization  card
25    allows   an   employee  to  carry  a  firearm  not  otherwise
26    prohibited by law  while  the  employee  is  engaged  in  the
27    performance  of  his  or  her duties or while the employee is
28    commuting directly to or from the employee's place or  places
29    of  employment, provided that this is accomplished within one
30    hour from departure from home or place of employment.
31        (d)  The Department shall issue a  firearm  authorization
32    card  to a person who has passed an approved firearm training
33    course, who is currently employed by an  agency  licensed  by
 
                            -45-     LRB093 05120 AMC 14382 a
 1    this  Act  and  has met all the requirements of this Act, and
 2    who possesses a  valid  firearm  owner  identification  card.
 3    Application  for the firearm authorization card shall be made
 4    by the employer to the Department on forms  provided  by  the
 5    Department.  The  Department  shall  forward  the card to the
 6    employer who shall be responsible for  its  issuance  to  the
 7    employee.  The  firearm authorization card shall be issued by
 8    the Department and shall identify the person holding  it  and
 9    the  name  of  the course where the employee received firearm
10    instruction and shall specify the type of weapon  or  weapons
11    the  person  is authorized by the Department to carry and for
12    which the person has been trained.
13        (e)  Expiration and requirements for renewal  of  firearm
14    authorization cards shall be determined by rule.
15        (f)  The   Department  may,  in  addition  to  any  other
16    disciplinary action permitted by this Act, refuse  to  issue,
17    suspend,  or  revoke  a  firearm  authorization  card  if the
18    applicant or holder has been convicted of any felony or crime
19    involving the illegal  use,  carrying,  or  possession  of  a
20    deadly  weapon  or  for  a  violation  of  this  Act or rules
21    promulgated under this Act. The Department  shall  refuse  to
22    issue  or  shall  revoke  a firearm authorization card if the
23    applicant or holder fails to possess a valid  firearm  owners
24    identification  card.  The Director shall summarily suspend a
25    firearm authorization card if the  Director  finds  that  its
26    continued  use  would  constitute  an  imminent danger to the
27    public. A hearing shall be held before the  Board  within  30
28    days   if   the   Director   summarily   suspends  a  firearm
29    authorization card.
30        (g)  The  Department  shall  promulgate  rules  for   the
31    expedited   issuance   of   firearm  authorization  cards  to
32    registered employees who hold a valid  firearm  authorization
33    card  and on whose behalf another agency is applying due to a
34    change in employment by the registered employee.
 
                            -46-     LRB093 05120 AMC 14382 a
 1        Section    35-40.  Firearm    authorization;     training
 2    requirements.
 3        (a)  The  Department  shall, pursuant to rule, approve or
 4    disapprove training programs for the firearm training course,
 5    which  shall   be   taught   by   a   qualified   instructor.
 6    Qualifications  for  instructors  shall  be  set by rule. The
 7    firearm training course shall be conducted by entities, by  a
 8    licensee,  or by an agency licensed by this Act, provided the
 9    course is approved by  the  Department.  The  firearm  course
10    shall consist of the following minimum requirements:
11             (1)  40  hours  of training, 20 hours of which shall
12        be as described in Sections 15-20, 20-20,  or  25-20,  as
13        applicable,  and  20  hours of which shall include all of
14        the following:
15                  (A)  Instruction in the dangers of  and  misuse
16             of  firearms,  their storage, safety rules, and care
17             and cleaning of firearms.
18                  (B)  Practice  firing  on  a  range  with  live
19             ammunition.
20                  (C)  Instruction in the legal use of firearms.
21                  (D)  A presentation of the  ethical  and  moral
22             considerations   necessary   for   any   person  who
23             possesses a firearm.
24                  (E)  A review of  the  laws  regarding  arrest,
25             search, and seizure.
26                  (F)  Liability  for  acts that may be performed
27             in the course of employment.
28             (2)  An examination shall be given at the completion
29        of  the  course.  The  examination  shall  consist  of  a
30        firearms qualification course and a written examination.
31        (b)  The firearm training requirement may be  waived  for
32    an  employee  who  has  completed  training  provided  by the
33    Illinois Law Enforcement  Training  Standards  Board  or  the
34    equivalent   public   body   of   another   state,   provided
 
                            -47-     LRB093 05120 AMC 14382 a
 1    documentation  showing requalification with the weapon on the
 2    firing range is submitted to the Department.

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

17                ARTICLE 40. DISCIPLINARY PROVISIONS.

18        Section  40-5.  Injunctive  relief.  The  practice  of  a
19    private detective, private security contractor, private alarm
20    contractor,  locksmith,  private  detective  agency,  private
21    security  contractor agency, private alarm contractor agency,
22    or locksmith agency by any person, firm, or other entity that
23    has not been issued a license  by  the  Department  or  whose
24    license has been suspended, revoked, or not renewed is hereby
25    declared  to be inimical to the public safety and welfare and
26    to constitute a public nuisance.
27        The Director, through the Attorney General,  the  State's
28    Attorney  of  any  county,  any resident of the State, or any
29    legal entity within the State may apply for injunctive relief
30    in any court to enjoin any person, firm, or other entity that
31    has not been issued a  license  or  whose  license  has  been
 
                            -48-     LRB093 05120 AMC 14382 a
 1    suspended, revoked, or not renewed from conducting a licensed
 2    activity. Upon the filing of a verified petition in court, if
 3    satisfied by affidavit or otherwise that the person, firm, or
 4    other   entity  is  or  has  been  conducting  activities  in
 5    violation of this  Act,  the  court  may  enter  a  temporary
 6    restraining  order  or  preliminary injunction, without bond,
 7    enjoining the defendant from further activity. A copy of  the
 8    verified complaint shall be served upon the defendant and the
 9    proceedings  shall  be  conducted as in civil cases. If it is
10    established  the  defendant  has  been   or   is   conducting
11    activities  in  violation  of this Act, the court may enter a
12    judgment enjoining the defendant from that activity. In  case
13    of  violation  of  any  injunctive  order or judgment entered
14    under this Section, the court may  punish  the  offender  for
15    contempt   of  court.  Injunctive  proceedings  shall  be  in
16    addition to all other penalties under this Act.

17        Section 40-10.  Disciplinary sanctions.
18        (a)  The Department may deny issuance, refuse  to  renew,
19    or  restore or may reprimand, place on probation, suspend, or
20    revoke  any   license,   registration,   permanent   employee
21    registration  card, or firearm authorization card, and it may
22    impose a fine not to exceed $1,500 for a first violation  and
23    not to exceed $5,000 for a second or subsequent violation for
24    any of the following:
25             (1)  Fraud  or deception in obtaining or renewing of
26        a license or registration.
27             (2)  Professional incompetence as manifested by poor
28        standards of service.
29             (3)  Engaging   in   dishonorable,   unethical,   or
30        unprofessional conduct of a character likely to  deceive,
31        defraud, or harm the public.
32             (4)  Conviction  in Illinois or another state of any
33        crime that is a felony under  the  laws  of  Illinois;  a
 
                            -49-     LRB093 05120 AMC 14382 a
 1        felony  in  a  federal court; a misdemeanor, an essential
 2        element of which is dishonesty; or  directly  related  to
 3        professional practice.
 4             (5)  Performing  any services in a grossly negligent
 5        manner or permitting any of  a  licensee's  employees  to
 6        perform   services   in   a   grossly  negligent  manner,
 7        regardless of whether actual  damage  to  the  public  is
 8        established.
 9             (6)  Continued  practice,  although the licensee has
10        become unfit to practice due to any of the following:
11                  (A)  Physical  illness,  including,   but   not
12             limited  to, deterioration through the aging process
13             or  loss  of  motor  skills  that  results  in   the
14             inability   to  serve  the  public  with  reasonable
15             judgment, skill, or safety.
16                  (B)  Mental  disability  demonstrated  by   the
17             entry  of  an  order  or  judgment by a court that a
18             licensee is  in  need  of  mental  treatment  or  is
19             incompetent.
20                  (C)  Addiction  to  or dependency on alcohol or
21             drugs that is likely to endanger the public. If  the
22             Department  has  reasonable  cause to believe that a
23             licensee is addicted to or dependent on  alcohol  or
24             drugs  that  may endanger the public, the Department
25             may require the licensee to undergo  an  examination
26             to   determine   the  extent  of  the  addiction  or
27             dependency.
28             (7)  Receiving, directly or indirectly, compensation
29        for any services not rendered.
30             (8)  Willfully deceiving or defrauding the public on
31        a material matter.
32             (9)  Failing to account for or remit any  moneys  or
33        documents illegally coming into the licensee's possession
34        that belong to another person or entity.
 
                            -50-     LRB093 05120 AMC 14382 a
 1             (10)  Discipline   by   a  federal  jurisdiction  or
 2        foreign nation, if at least one of the  grounds  for  the
 3        discipline  is  the  same  or substantially equivalent to
 4        those set forth in this Act.
 5             (11)  Giving differential treatment to a person that
 6        is to that person's detriment  because  of  race,  color,
 7        creed, sex, religion, or national origin.
 8             (12)  Engaging in false or misleading advertising.
 9             (13)  Aiding,  assisting,  or  willingly  permitting
10        another  person  to violate this Act or rules promulgated
11        under it.
12             (14)  Performing and charging for  services  without
13        authorization   to  do  so  from  the  person  or  entity
14        serviced.
15             (15)  Directly or indirectly offering  or  accepting
16        any  benefit to or from any employee, agent, or fiduciary
17        without the consent of the latter's employer or principal
18        with intent to or the understanding that this action will
19        influence his or her conduct in relation to  his  or  her
20        employer's or principal's affairs.
21             (16)  Violation of any disciplinary order imposed on
22        a licensee by the Department.
23             (17)  Failing  to  comply with any provision of this
24        Act or rule promulgated under it.
25             (18)  Conducting an agency without a valid license.
26             (19)  Revealing confidential information, except  as
27        required by law, including but not limited to information
28        available  under  Section  2-123  of the Illinois Vehicle
29        Code.
30             (20)  Failing to make available to  the  Department,
31        upon  request,  any  books, records, or forms required by
32        this Act.
33             (21)  Failing, within  30  days,  to  respond  to  a
34        written request for information from the Department.
 
                            -51-     LRB093 05120 AMC 14382 a
 1             (22)  Failing  to  provide employment information or
 2        experience  information  required   by   the   Department
 3        regarding an applicant for licensure.
 4             (23)  Failing to make available to the Department at
 5        the  time  of  the  request  any  indicia of licensure or
 6        registration issued under this Act.
 7             (24)  The Department shall seek to be consistent  in
 8        the application of disciplinary sanctions.

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

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

30        Section   40-30.  Submission   to   physical   or  mental
31    examination.  The  Department  may  order  a  licensee  or  a
 
                            -52-     LRB093 05120 AMC 14382 a
 1    registrant to submit  to  a  reasonable  physical  or  mental
 2    examination   if  the  licensee  or  registrant's  mental  or
 3    physical  capacity  to  work  safely  is  an   issue   in   a
 4    disciplinary   proceeding.   The   failure  to  submit  to  a
 5    Director's order to submit to a reasonable mental or physical
 6    exam shall constitute a violation of this Act subject to  the
 7    disciplinary provisions in Section 40-10.

 8        Section  40-35.  Insufficient funds; checks. A person who
 9    delivers a check or other payment to the Department  that  is
10    returned   to   the   Department   unpaid  by  the  financial
11    institution  upon  which  it  was  drawn  shall  pay  to  the
12    Department, in addition to the amount already owed, a penalty
13    of $50. The Department shall notify the person, by  certified
14    mail  return  receipt  requested,  that  his  or her check or
15    payment was returned and that the person  shall  pay  to  the
16    Department  by  certified  check or money order the amount of
17    the returned check plus a $50 penalty within 30 calendar days
18    after the date of the notification. If, after the  expiration
19    of  30  calendar  days  of  the  notification, the person has
20    failed  to  remit  the  necessary  funds  and  penalty,   the
21    Department  shall automatically terminate the license or deny
22    the application without a hearing. If the returned  check  or
23    other  payment  was  for issuance of a license under this Act
24    and that person practices as a licensee, that person  may  be
25    subject  to discipline for unlicensed practice as provided in
26    this Act. If, after termination or denial, the person seeks a
27    license,  he  or  she  shall  petition  the  Department   for
28    restoration  and  he  or  she  may  be  subject to additional
29    discipline or fines. The Director may waive the penalties  or
30    fines  due  under  this Section in individual cases where the
31    Director  finds  that  the  penalties  or  fines   would   be
32    unreasonable or unnecessarily burdensome.
 
                            -53-     LRB093 05120 AMC 14382 a
 1        Section  40-40.  Disciplinary action for educational loan
 2    defaults. The Department shall  deny  a  license  or  renewal
 3    authorized  by  this  Act to a person who has defaulted on an
 4    educational loan or scholarship provided or guaranteed by the
 5    Illinois Student Assistance Commission  or  any  governmental
 6    agency  of  this State. The Department may issue a license or
 7    renewal  if  the  person  has  established   a   satisfactory
 8    repayment  record  as  determined  by  the  Illinois  Student
 9    Assistance   Commission  or  other  appropriate  governmental
10    agency of this State. Additionally, a license issued  by  the
11    Department may be suspended or revoked if the Director, after
12    the  opportunity for a hearing under this Act, finds that the
13    licensee has failed to make  satisfactory  repayment  to  the
14    Illinois  Student  Assistance  Commission for a delinquent or
15    defaulted loan.

16        Section 40-45.  Nonpayment of  child  support.  In  cases
17    where  the  Department of Public Aid or any circuit court has
18    previously determined that a licensee or a potential licensee
19    is more than 30 days  delinquent  in  the  payment  of  child
20    support and has subsequently certified the delinquency to the
21    Department,  the  Department  may refuse to issue or renew or
22    may revoke or suspend that person's license or may take other
23    disciplinary action against that person based solely upon the
24    certification of delinquency made by the Department of Public
25    Aid or a circuit court. Redetermination of the delinquency by
26    the Department shall not be required. In cases regarding  the
27    renewal  of  a  license,  the  Department shall not renew any
28    license if the Department of Public Aid or  a  circuit  court
29    has certified the licensee to be more than 30 days delinquent
30    in  the  payment  of  child  support, unless the licensee has
31    arranged for  payment  of  past  and  current  child  support
32    obligations  in  a  manner  satisfactory to the Department of
33    Public Aid  or  circuit  court.  The  Department  may  impose
 
                            -54-     LRB093 05120 AMC 14382 a
 1    conditions,  restrictions  or  disciplinary  action upon that
 2    renewal in accordance with Section 40-10 of this Act.

 3        Section  40-50.  Failure  to  file  a  tax  return.   The
 4    Department  may refuse to issue or may suspend the license of
 5    any person, firm, or other entity that fails to  file  a  tax
 6    return,  to  pay a tax, penalty, or interest shown in a filed
 7    return, or to pay any final assessment of a tax, penalty,  or
 8    interest,   as  required  by  any  law  administered  by  the
 9    Department of Revenue until the requirements of the  law  are
10    satisfied  or  a  repayment  agreement with the Department of
11    Revenue has been entered into.

12          ARTICLE 45. INVESTIGATION AND HEARING PROVISIONS

13        Section   45-10.  Complaints    investigated    by    the
14    Department.
15        (a)  The  Department  shall  investigate  all  complaints
16    concerning   violations  regarding  licensees  or  unlicensed
17    activity.
18        (b)  Following an investigation, the Department may  file
19    formal charges against the licensee. The formal charges shall
20    inform  the  licensee  of the facts that are the basis of the
21    charges with enough specificity to  enable  the  licensee  to
22    prepare an intelligent defense.
23        (c)  Each  licensee  whose  conduct  is  the subject of a
24    formal  charge  that  seeks  to  impose  disciplinary  action
25    against the licensee shall be served notice of that charge at
26    least 30 days before the date of  the  hearing.  The  hearing
27    shall  be  presided  over  by  a Board member or by a hearing
28    officer  authorized  by  the  Department.  Service  shall  be
29    considered to have been given if the  notice  was  personally
30    received  by  the  licensee  or  if  the notice was mailed by
31    certified mail, return receipt requested, to the licensee  at
 
                            -55-     LRB093 05120 AMC 14382 a
 1    the licensee's address on file with the Department.
 2        (d)  The  notice  of  formal charges shall consist of the
 3    following information:
 4             (1)  The time, place, and date of the hearing.
 5             (2)  That the licensee shall  appear  personally  at
 6        the hearing and may be represented by counsel.
 7             (3)  That  the  licensee  may  produce witnesses and
 8        evidence on his or  her  behalf  and  has  the  right  to
 9        cross-examine witnesses and evidence produced against him
10        or her.
11             (4)  That  the  hearing could result in disciplinary
12        action.
13             (5)  That rules for  the  conduct  of  hearings  are
14        available from the Department.
15             (6)  That   a  hearing  officer  authorized  by  the
16        Department shall conduct the hearing and,  following  the
17        conclusion  of that hearing, shall make findings of fact,
18        conclusions  of  law,  and  recommendations,   separately
19        stated,  to  the Director as to what disciplinary action,
20        if any, should be imposed on the licensee.
21             (7)  That the licensee shall file a  written  answer
22        to  the  Board  within  20  days after the service of the
23        notice and if the  licensee  fails  to  file  an  answer,
24        default will be taken and the license may be reprimanded,
25        suspended,  revoked, or placed on probationary status, as
26        the Director may deem appropriate.

27        Section 45-15.  Hearing; rehearing; public record.
28        (a)  The Board or the hearing officer authorized  by  the
29    Department  shall  hear  evidence  in  support  of the formal
30    charges  and  evidence  produced  by  the  licensee.  At  the
31    conclusion of the hearing, the Board shall make  findings  of
32    fact, conclusions of law, and recommendations and submit them
33    to the Director and to all parties to the proceeding.
 
                            -56-     LRB093 05120 AMC 14382 a
 1        (b)  The  Board's  findings  of fact, conclusions of law,
 2    and recommendations shall be served on the  licensee  in  the
 3    same  manner  as  was  the  service  of  the notice of formal
 4    charges. Within 20 days after the service, any party  to  the
 5    proceeding  may present to the Director a motion, in writing,
 6    specifying the grounds for a rehearing or reconsideration  of
 7    the decision or sanctions.
 8        (c)  The  Director, following the time allowed for filing
 9    a motion for rehearing or reconsideration, shall  review  the
10    Board's   findings   of   fact,   conclusions   of   law  and
11    recommendations and any  subsequently  filed  motions.  After
12    review  of  the  information,  the  Director  may  hear  oral
13    arguments  and thereafter shall issue an order. The report of
14    findings of fact, conclusions of law and  recommendations  of
15    the  Board  shall be the basis for the Department's order. If
16    the Director finds that substantial justice was not done, the
17    Director may issue an order in contravention of  the  Board's
18    recommendations.  The  Director  shall  promptly  provide the
19    Board with a written explanation of any deviation  and  shall
20    specify the reasons for the action. The findings of the Board
21    and  the  Director are not admissible as evidence against the
22    person in a criminal prosecution brought for the violation of
23    this Act.
24        (d)  All proceedings under this Section  are  matters  of
25    public record and shall be preserved.
26        (e)  Upon  the suspension or revocation of a license, the
27    licensee shall surrender the license to the  Department  and,
28    upon failure to do so, the Department shall seize the same.

29        Section  45-20.  Temporary  suspension  of a license. The
30    Director may temporarily suspend a license without a hearing,
31    simultaneously with the initiation of  the  procedure  for  a
32    hearing  provided for in this Act, if the Director finds that
33    evidence indicates that a licensee's continuation in business
 
                            -57-     LRB093 05120 AMC 14382 a
 1    would constitute an imminent danger to  the  public.  If  the
 2    Director  temporarily suspends a license without a hearing, a
 3    hearing by the Department shall be held within 30 days  after
 4    the suspension has occurred or the temporary suspension shall
 5    be rescinded.

 6        Section 45-25.  Disposition by consent order. Disposition
 7    may be made of any formal charge by consent order between the
 8    Department  and  the licensee. The Board shall be apprised of
 9    the consent order at its  next  meeting  and  shall  promptly
10    submit its view of the consent order to the Department.

11        Section 45-30.  Restoration of license after disciplinary
12    proceedings.  The  Department  shall reinstate any license to
13    good standing upon a  recommendation  by  the  Board  to  the
14    Director  after a hearing before a hearing officer authorized
15    by the Department.

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

27        Section    45-40.  Administrative   review.   All   final
28    administrative decisions of the Department, as defined in the
29    Code of Civil Procedure, are subject to judicial review under
30    the Code of Civil Procedure.  The  proceedings  for  judicial
 
                            -58-     LRB093 05120 AMC 14382 a
 1    review  shall be commenced in the circuit court of the county
 2    in which the party applying for review resides. If the  party
 3    is not a resident of Illinois, the venue shall be in Sangamon
 4    County.  The  Department shall not be required to certify any
 5    record to the court  or  to  file  any  answer  in  court  or
 6    otherwise   appear   in   any  court  in  a  judicial  review
 7    proceeding, unless there is  filed  in  the  court  with  the
 8    complaint,   a  receipt  from  the  Department  acknowledging
 9    payment of the costs of furnishing and certifying the record,
10    computed at the cost of preparing the record. Exhibits  shall
11    be  certified without cost. Failure by the licensee to file a
12    receipt in court is grounds  for  dismissal  of  the  action.
13    During  all  judicial  proceedings relating to a disciplinary
14    action,  the  sanction  imposed  upon  a  licensee   by   the
15    Department   shall   remain   in  effect,  unless  the  court
16    determines justice requires a stay of the order.

17        Section 45-45.  Prima facie proof. An order of revocation
18    or suspension or placing a license on probationary status  or
19    other  disciplinary  action  as  the  Department may consider
20    proper or a certified copy thereof,  over  the  seal  of  the
21    Department  and  purporting  to be signed by the Director, is
22    prima facie proof that:
23             (1)  the signature is that of the Director;
24             (2)  the Director is qualified to act; and
25             (3)  the members of the Board are qualified to act.

26        Section 45-50.  Unlicensed practice; fraud in obtaining a
27    license.
28        (a)  A  person  who  violates  any   of   the   following
29    provisions shall be guilty of a Class A misdemeanor; a person
30    who  commits  a  second  or  subsequent  violation  of  these
31    provisions is guilty of a Class 4 felony:
32             (1)  The  practice  of  or  attempted practice of or
 
                            -59-     LRB093 05120 AMC 14382 a
 1        holding  out  as  available  to  practice  as  a  private
 2        detective, private  security  contractor,  private  alarm
 3        contractor, or locksmith without a license.
 4             (2)  Operation  of  or  attempt to operate a private
 5        detective agency,  private  security  contractor  agency,
 6        private  alarm  contractor  agency,  or  locksmith agency
 7        without ever having been issued a valid agency license.
 8             (3)  The obtaining of or the attempt to  obtain  any
 9        license   or  authorization  issued  under  this  Act  by
10        fraudulent misrepresentation.
11        (b)  Whenever a licensee is convicted of a felony related
12    to the violations set forth in this Section, the clerk of the
13    court  in  any  jurisdiction  shall   promptly   report   the
14    conviction   to  the  Department  and  the  Department  shall
15    immediately  revoke  any  license  as  a  private  detective,
16    private security contractor,  private  alarm  contractor,  or
17    locksmith  held by that licensee. The individual shall not be
18    eligible for licensure until at least 10 years  have  elapsed
19    since  the  time  of full discharge from any sentence imposed
20    for a felony conviction. If any person in making any oath  or
21    affidavit  required by this Act swears falsely, the person is
22    guilty of perjury and may be punished accordingly.
23        (c)  In addition to any other penalty provided by law,  a
24    person who violates any provision of this Section shall pay a
25    civil  penalty  to  the Department in an amount not to exceed
26    $5,000 for each offense, as determined by the Department. The
27    civil penalty shall be imposed in accordance with this Act.

28        Section 45-55.  Subpoenas.
29        (a)  The Department may subpoena and bring before it  any
30    person  to  take  the testimony with the same fees and in the
31    same manner as prescribed in civil cases.
32        (b)  Any court, upon the application of the  licensee  or
33    Department  may  petition  a circuit court for enforcement of
 
                            -60-     LRB093 05120 AMC 14382 a
 1    the subpoena. The circuit court may compel obedience  to  its
 2    order  for  enforcement  of  the  subpoena  as in other civil
 3    matters.
 4        (c)  The Director, the hearing  officer  or  a  certified
 5    shorthand  court reporter may administer oaths at any hearing
 6    the Department conducts. Notwithstanding any other statute or
 7    Department rule to the contrary, all requests for  testimony,
 8    production  of  documents  or  records  shall  be strictly in
 9    accordance with this Act.

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

21                ARTICLE 50. ADMINISTRATIVE PROVISIONS

22        Section  50-5.  Personnel;  investigators.  The  Director
23    shall employ, pursuant to the Personnel Code, personnel, on a
24    full-time or part-time basis, for the  effective  enforcement
25    of  this  Act.  Each  investigator  shall have a minimum of 2
26    years  investigative  experience  out  of   the   immediately
27    preceding 5 years. No investigator may hold an active license
28    issued  pursuant  to this Act, nor may an investigator have a
29    financial interest in a business  licensed  under  this  Act.
30    This  prohibition, however, does not apply to an investigator
31    holding stock in a business licensed under this Act, provided
 
                            -61-     LRB093 05120 AMC 14382 a
 1    the investigator does not hold more than 5% of the  stock  in
 2    the  business.  Any  person  licensed  under  this Act who is
 3    employed by the Department shall surrender his or her license
 4    to the Department for the duration of  that  employment.  The
 5    licensee   shall  be  exempt  from  all  renewal  fees  while
 6    employed. While employed by the Department, the  licensee  is
 7    not  required  to  maintain  the  general liability insurance
 8    coverage required by this Act.

 9        Section 50-10.  The Private Detective, Private  Security,
10    Private Alarm, and Locksmith Board.
11        (a)  The  Private  Detective,  Private  Security, Private
12    Alarm, and  Locksmith  Board  shall  consist  of  11  members
13    appointed by the Director and comprised of 2 licensed private
14    detectives,   3  licensed  private  security  contractors,  2
15    licensed private alarm contractors,  2  licensed  locksmiths,
16    one  public  member  who  is not licensed or registered under
17    this Act and who has no connection with a  business  licensed
18    under  this  Act,  and  one member representing the employees
19    registered under this Act. Each member shall be a resident of
20    Illinois. Each licensed member shall have at  least  5  years
21    experience  as  a  licensee in the professional area in which
22    the person is licensed and be in good standing  and  actively
23    engaged  in  that  profession.  In  making  appointments, the
24    Director  shall   consider   the   recommendations   of   the
25    professionals and the professional organizations representing
26    the  licensees.  The  membership shall reasonably reflect the
27    different geographic areas in Illinois.
28        (b)  Members shall serve 4-year terms and may serve until
29    their successors are appointed. No  member  shall  serve  for
30    more  than 2 successive terms. Appointments to fill vacancies
31    shall be made in the same manner as the original appointments
32    for the unexpired portion of the vacated term. Members of the
33    Board in office on the effective date of this Act pursuant to
 
                            -62-     LRB093 05120 AMC 14382 a
 1    the Private Detective, Private Alarm, Private  Security,  and
 2    Locksmith  Act  of 1993 shall serve for the duration of their
 3    terms and may be appointed for one additional term.
 4        (c)  A member of the Board may be removed  for  cause.  A
 5    member  subject  to  formal  disciplinary  proceedings  shall
 6    disqualify  himself  or herself from all Board business until
 7    the charge  is  resolved.  A  member  also  shall  disqualify
 8    himself or herself from any matter on which the member cannot
 9    act objectively.
10        (d)  Members  shall  receive  compensation as set by law.
11    Each  member  shall  receive  reimbursement  as  set  by  the
12    Governor's Travel Control  Board  for  expenses  incurred  in
13    carrying out the duties as a Board member.
14        (e)  A  majority of Board members constitutes a quorum. A
15    majority vote of the quorum is required for a decision.
16        (f)  The  Board  shall  elect  a  chairperson  and   vice
17    chairperson.
18        (g)  Board   members  are  not  liable  for  their  acts,
19    omissions, decisions, or other  conduct  in  connection  with
20    their  duties  on  the  Board,  except those determined to be
21    willful, wanton, or intentional misconduct.
22        (h)  The Board may recommend  policies,  procedures,  and
23    rules  relevant to the administration and enforcement of this
24    Act.

25        Section 50-15.  Powers and duties of the Department.
26        (a)  The Department shall exercise the powers and  duties
27    prescribed  by  the Civil Administrative Code of Illinois and
28    shall exercise all other powers and duties set forth in  this
29    Act.
30        (b)  The  Director shall prescribe forms to be issued for
31    the administration and enforcement of this Act.

32        Section  50-20.  Rules.  The  Department  may  promulgate
 
                            -63-     LRB093 05120 AMC 14382 a
 1    rules for the administration and enforcement of this Act. The
 2    rules shall include standards  for  registration,  licensure,
 3    professional  conduct,  and  discipline. The Department shall
 4    consult with  the  Board  prior  to  promulgating  any  rule.
 5    Proposed  rules shall be transmitted, prior to publication in
 6    the Illinois Register, to the Board and the Department  shall
 7    review the Board's recommendations and shall notify the Board
 8    with  an  explanation  of  any  deviations  from  the Board's
 9    recommendations.

10        Section 50-25.  Home rule. Pursuant to paragraph  (h)  of
11    Section  6  of  Article  VII  of the Illinois Constitution of
12    1970, the power to regulate the  private  detective,  private
13    security,  private  alarm,  or  locksmith  business  or their
14    employees shall be exercised exclusively by the State and may
15    not be exercised by any unit of local  government,  including
16    home rule units.

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

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

23        Section  50-40.  Rights  and  obligations. All rights and
24    obligations incurred and  any  actions  commenced  under  the
25    Private  Detective,  Private  Alarm,  Private  Security,  and
26    Locksmith  Act of 1993 shall not be impaired by the enactment
27    of this Act.  Rules  adopted  under  the  Private  Detective,
28    Private  Alarm,  Private Security, and Locksmith Act of 1993,
29    unless inconsistent with this Act,  shall  remain  in  effect
30    until   amended  or  revoked.  All  licenses  issued  by  the
 
                            -64-     LRB093 05120 AMC 14382 a
 1    Department  permitting  the  holder  to  act  as  a   private
 2    detective,   private   detective   agency,  private  security
 3    contractor, private security contractor agency, private alarm
 4    contractor, private alarm contractor  agency,  locksmith,  or
 5    locksmith agency that are valid on the effective date of this
 6    Act shall be considered valid under this Act.

 7                 ARTICLE 90. AMENDATORY PROVISIONS.

 8        Section  90-5.   The  Regulatory Sunset Act is amended by
 9    changing Sections 4.14 and 4.24 as follows:

10        (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
11        Sec. 4.14.  Acts repealed.
12        (a)  The following Act is Acts are repealed December  31,
13    2003:
14             The  Private  Detective,  Private Alarm, and Private
15        Security Act of 1993.
16             The Illinois Occupational Therapy Practice Act.
17        (b)  The following Acts are repealed January 1, 2004:
18             The Illinois Certified Shorthand  Reporters  Act  of
19        1984.
20             The  Veterinary Medicine and Surgery Practice Act of
21        1994.
22    (Source: P.A. 92-457, eff 8-21-01.)

23        (5 ILCS 80/4.24)
24        Sec.  4.24.  Acts  repealed  on  January  1,  2014.   The
25    following Acts are repealed on January 1, 2014:
26        The Electrologist Licensing Act.
27        The Illinois Public Accounting Act.
28        The Private Detective, Private Alarm,  Private  Security,
29    and Locksmith Act of 2004.
30    (Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03.)
 
                            -65-     LRB093 05120 AMC 14382 a
 1        Section   90-10.   The  Criminal  Identification  Act  is
 2    amended by changing Section 3-1 as follows:

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

30        Section 90-15.  The Service Contract Act  is  amended  by
31    changing Section 10 as follows:
 
                            -66-     LRB093 05120 AMC 14382 a
 1        (215 ILCS 152/10)
 2        Sec.  10.   Exemptions.   Service  contract providers and
 3    related service contract sellers and administrators complying
 4    with this Act are not required to comply  with  and  are  not
 5    subject  to  any provision of the Illinois Insurance Code.  A
 6    service contract  provider  who  is  the  manufacturer  or  a
 7    wholly-owned subsidiary of the manufacturer of the product or
 8    the  builder,  seller,  or  lessor of the product that is the
 9    subject of the service contract is required  to  comply  only
10    with  Sections 30, 35, 45, and 50 of this Act; except that, a
11    service  contract  provider  who  sells  a   motor   vehicle,
12    excluding  a  motorcycle  as  defined in Section 1-147 of the
13    Illinois  Vehicle  Code,  or  who  leases,  but  is  not  the
14    manufacturer of, the motor vehicle, excluding a motorcycle as
15    defined in Section 1-147 of the Illinois Vehicle  Code,  that
16    is  the subject of the service contract must comply with this
17    Act in its entirety.  Contracts for the repair and monitoring
18    of private alarm or private security systems regulated  under
19    the  Private  Detective, Private Alarm, Private Security, and
20    Locksmith Act of 2004 1993 are not required  to  comply  with
21    this Act and are not subject to any provision of the Illinois
22    Insurance Code.
23    (Source: P.A. 91-430, eff. 1-1-00; 92-16, eff. 6-28-01.)

24        (225 ILCS 446/Act rep.)
25        Section  90-20.   The  Private  Detective, Private Alarm,
26    Private Security, and Locksmith Act of 1993 is repealed.

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

29        (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
30        Sec. 2-123.  Sale and Distribution of Information.
31        (a)  Except  as  otherwise  provided in this Section, the
 
                            -67-     LRB093 05120 AMC 14382 a
 1    Secretary may make the driver's license,  vehicle  and  title
 2    registration  lists, in part or in whole, and any statistical
 3    information derived  from  these  lists  available  to  local
 4    governments,   elected  state  officials,  state  educational
 5    institutions, and all other governmental units of  the  State
 6    and  Federal  Government  requesting  them  for  governmental
 7    purposes.  The Secretary shall require any such applicant for
 8    services to pay for the costs of furnishing such services and
 9    the use  of  the  equipment  involved,  and  in  addition  is
10    empowered to establish prices and charges for the services so
11    furnished  and  for  the  use  of  the  electronic  equipment
12    utilized.
13        (b)  The Secretary is further empowered to and he may, in
14    his  discretion,  furnish to any applicant, other than listed
15    in subsection (a) of this Section, vehicle or driver data  on
16    a  computer  tape,  disk, other electronic format or computer
17    processable medium, or printout at a fixed  fee  of  $250  in
18    advance  and require in addition a further sufficient deposit
19    based upon the Secretary of State's  estimate  of  the  total
20    cost  of  the  information  requested and a charge of $25 per
21    1,000 units or part thereof identified or  the  actual  cost,
22    whichever  is  greater. The Secretary is authorized to refund
23    any difference between the additional deposit and the  actual
24    cost of the request.  This service shall not be in lieu of an
25    abstract  of a driver's record nor of a title or registration
26    search.  This service may be limited to entities purchasing a
27    minimum number of records as required by administrative rule.
28    The information sold pursuant to this subsection shall be the
29    entire vehicle or driver data list,  or  part  thereof.   The
30    information  sold  pursuant  to  this  subsection  shall  not
31    contain   personally   identifying   information  unless  the
32    information is to be used for one of the purposes  identified
33    in  subsection  (f-5) of this Section.  Commercial purchasers
34    of driver and vehicle record databases  shall  enter  into  a
 
                            -68-     LRB093 05120 AMC 14382 a
 1    written  agreement  with the Secretary of State that includes
 2    disclosure of the commercial use of  the  information  to  be
 3    purchased.
 4        (c)  Secretary  of  State  may  issue registration lists.
 5    The Secretary of State shall compile and  publish,  at  least
 6    annually,  a  list  of all registered vehicles.  Each list of
 7    registered vehicles shall be arranged serially  according  to
 8    the  registration numbers assigned to registered vehicles and
 9    shall  contain  in  addition  the  names  and  addresses   of
10    registered  owners  and  a  brief description of each vehicle
11    including the serial or  other  identifying  number  thereof.
12    Such  compilation may be in such form as in the discretion of
13    the Secretary  of  State  may  seem  best  for  the  purposes
14    intended.
15        (d)  The  Secretary of State shall furnish no more than 2
16    current available lists of such registrations to the sheriffs
17    of all counties and to the chiefs of police of all cities and
18    villages and towns of 2,000 population and over in this State
19    at no cost.   Additional  copies  may  be  purchased  by  the
20    sheriffs  or  chiefs  of police at the fee of $500 each or at
21    the cost of producing the list as determined by the Secretary
22    of State.   Such  lists  are  to  be  used  for  governmental
23    purposes only.
24        (e)  (Blank).
25        (e-1)  (Blank).
26        (f)  The  Secretary  of  State  shall  make  a  title  or
27    registration  search  of  the  records  of  his  office and a
28    written report on the  same  for  any  person,  upon  written
29    application  of  such  person, accompanied by a fee of $5 for
30    each registration or title search.  The  written  application
31    shall   set   forth   the   intended  use  of  the  requested
32    information.   No  fee  shall  be  charged  for  a  title  or
33    registration  search,  or  for  the   certification   thereof
34    requested by a government agency.  The report of the title or
 
                            -69-     LRB093 05120 AMC 14382 a
 1    registration  search shall not contain personally identifying
 2    information unless the request for a search was made for  one
 3    of  the  purposes  identified  in  subsection  (f-5)  of this
 4    Section.
 5        The  Secretary  of  State  shall  certify  a   title   or
 6    registration   record  upon  written  request.  The  fee  for
 7    certification shall be $5 in addition to the fee required for
 8    a title or registration search. Certification shall  be  made
 9    under  the  signature of the Secretary of State  and shall be
10    authenticated by Seal of the Secretary of State.
11        The Secretary of State may notify the  vehicle  owner  or
12    registrant  of  the  request  for  purchase  of  his title or
13    registration information as the Secretary deems appropriate.
14        No information shall be released to the  requestor  until
15    expiration  of a 10 day period.  This 10 day period shall not
16    apply to requests for information  made  by  law  enforcement
17    officials,   government   agencies,  financial  institutions,
18    attorneys,   insurers,   employers,   automobile   associated
19    businesses, persons licensed as a private detective or  firms
20    licensed  as  a  private  detective  agency under the Private
21    Detective, Private Alarm, Private Security, and Locksmith Act
22    of 2004 and Private Security Act of 1983, who are employed by
23    or  are  acting  on  behalf  of  law  enforcement  officials,
24    government  agencies,  financial   institutions,   attorneys,
25    insurers,  employers,  automobile  associated businesses, and
26    other business entities  for  purposes  consistent  with  the
27    Illinois  Vehicle  Code,  the  vehicle owner or registrant or
28    other entities as  the  Secretary  may  exempt  by  rule  and
29    regulation.
30        Any  misrepresentation  made  by  a requestor of title or
31    vehicle information shall be punishable as a  petty  offense,
32    except in the case of persons licensed as a private detective
33    or  firms  licensed as a private detective agency which shall
34    be subject to disciplinary sanctions under Section  40-10  22
 
                            -70-     LRB093 05120 AMC 14382 a
 1    or  25  of  the  Private  Detective,  Private  Alarm, Private
 2    Security, and Locksmith Act of 2004 and Private Security  Act
 3    of 1983.
 4        (f-5)  The  Secretary  of  State  shall  not  disclose or
 5    otherwise  make  available  to  any  person  or  entity   any
 6    personally  identifying information obtained by the Secretary
 7    of State in connection with a driver's license,  vehicle,  or
 8    title registration record unless the information is disclosed
 9    for one of the following purposes:
10             (1)  For use by any government agency, including any
11        court  or  law  enforcement  agency,  in carrying out its
12        functions, or any private  person  or  entity  acting  on
13        behalf  of  a federal, State, or local agency in carrying
14        out its functions.
15             (2)  For use in connection  with  matters  of  motor
16        vehicle   or  driver  safety  and  theft;  motor  vehicle
17        emissions; motor vehicle product alterations, recalls, or
18        advisories; performance  monitoring  of  motor  vehicles,
19        motor   vehicle   parts,  and  dealers;  and  removal  of
20        non-owner records from  the  original  owner  records  of
21        motor vehicle manufacturers.
22             (3)  For  use  in the normal course of business by a
23        legitimate  business  or  its   agents,   employees,   or
24        contractors, but only:
25                  (A)  to   verify   the   accuracy  of  personal
26             information  submitted  by  an  individual  to   the
27             business  or  its agents, employees, or contractors;
28             and
29                  (B)  if such information as so submitted is not
30             correct or is  no  longer  correct,  to  obtain  the
31             correct  information,  but  only for the purposes of
32             preventing  fraud  by,   pursuing   legal   remedies
33             against,   or  recovering  on  a  debt  or  security
34             interest against, the individual.
 
                            -71-     LRB093 05120 AMC 14382 a
 1             (4)  For use in research activities and for  use  in
 2        producing   statistical   reports,   if   the  personally
 3        identifying information is not published, redisclosed, or
 4        used to contact individuals.
 5             (5)  For use in connection with any civil, criminal,
 6        administrative, or arbitral proceeding  in  any  federal,
 7        State,   or   local   court   or  agency  or  before  any
 8        self-regulatory body, including the service  of  process,
 9        investigation  in  anticipation  of  litigation,  and the
10        execution or enforcement  of  judgments  and  orders,  or
11        pursuant to an order of a federal, State, or local court.
12             (6)  For  use  by  any  insurer or insurance support
13        organization or by a self-insured entity or  its  agents,
14        employees,  or  contractors  in  connection  with  claims
15        investigation  activities,  antifraud activities, rating,
16        or underwriting.
17             (7)  For use in providing notice to  the  owners  of
18        towed or impounded vehicles.
19             (8)  For  use by any private investigative agency or
20        security service licensed in  Illinois  for  any  purpose
21        permitted under this subsection.
22             (9)  For  use by an employer or its agent or insurer
23        to obtain or verify information relating to a holder of a
24        commercial  driver's  license  that  is  required   under
25        chapter 313 of title 49 of the United States Code.
26             (10)  For  use  in  connection with the operation of
27        private toll transportation facilities.
28             (11)  For use by any  requester,  if  the  requester
29        demonstrates  it  has obtained the written consent of the
30        individual to whom the information pertains.
31             (12)  For use by  members  of  the  news  media,  as
32        defined   in   Section   1-148.5,   for  the  purpose  of
33        newsgathering when the request relates to  the  operation
34        of a motor vehicle or public safety.
 
                            -72-     LRB093 05120 AMC 14382 a
 1             (13)  For  any  other use specifically authorized by
 2        law, if that use is related to the operation of  a  motor
 3        vehicle or public safety.
 4        (g) 1.  The  Secretary  of  State  may, upon receipt of a
 5        written request and a fee of $6, furnish to the person or
 6        agency so requesting a driver's  record.   Such  document
 7        may   include  a  record  of:  current  driver's  license
 8        issuance information,  except  that  the  information  on
 9        judicial  driving  permits  shall  be  available  only as
10        otherwise provided  by  this  Code;  convictions;  orders
11        entered  revoking,  suspending  or  cancelling a driver's
12        license  or  privilege;   and   notations   of   accident
13        involvement.   All  other  information,  unless otherwise
14        permitted  by  this  Code,  shall  remain   confidential.
15        Information released pursuant to a request for a driver's
16        record   shall   not   contain   personally   identifying
17        information,  unless  the request for the driver's record
18        was made for one of the purposes set forth in  subsection
19        (f-5) of this Section.
20             2.  The  Secretary  of State may certify an abstract
21        of a  driver's  record  upon  written  request  therefor.
22        Such  certification  shall be made under the signature of
23        the Secretary of State and shall be authenticated by  the
24        Seal of his office.
25             3.  All  requests  for  driving  record  information
26        shall be made in a manner prescribed by the Secretary and
27        shall  set  forth  the  intended  use  of  the  requested
28        information.
29             The  Secretary  of  State  may  notify  the affected
30        driver of the request for purchase of his driver's record
31        as the Secretary deems appropriate.
32             No information shall be released  to  the  requester
33        until  expiration of a 10 day period.  This 10 day period
34        shall not apply to requests for information made  by  law
 
                            -73-     LRB093 05120 AMC 14382 a
 1        enforcement  officials,  government  agencies,  financial
 2        institutions,  attorneys, insurers, employers, automobile
 3        associated businesses,  persons  licensed  as  a  private
 4        detective or firms licensed as a private detective agency
 5        under  the  Private  Detective,  Private  Alarm,  Private
 6        Security,  and Locksmith Act of 2004 and Private Security
 7        Act of 1983, who are employed by or are acting on  behalf
 8        of   law   enforcement  officials,  government  agencies,
 9        financial institutions, attorneys,  insurers,  employers,
10        automobile  associated  businesses,  and  other  business
11        entities   for  purposes  consistent  with  the  Illinois
12        Vehicle Code, the affected driver or  other  entities  as
13        the Secretary may exempt by rule and regulation.
14             Any  misrepresentation made by a requestor of driver
15        information shall  be  punishable  as  a  petty  offense,
16        except  in  the  case  of  persons  licensed as a private
17        detective or firms licensed as a private detective agency
18        which shall be subject to  disciplinary  sanctions  under
19        Section  40-10 22 or 25 of the Private Detective, Private
20        Alarm, Private Security, and Locksmith Act  of  2004  and
21        Private Security Act of 1983.
22             4.  The  Secretary of State may furnish without fee,
23        upon the written request of a law enforcement agency, any
24        information from a  driver's  record  on  file  with  the
25        Secretary  of  State when such information is required in
26        the enforcement of this Code or any other law relating to
27        the operation of motor  vehicles,  including  records  of
28        dispositions; documented information involving the use of
29        a   motor   vehicle;  whether  such  individual  has,  or
30        previously had, a driver's license; and the  address  and
31        personal   description  as  reflected  on  said  driver's
32        record.
33             5.  Except as otherwise provided  in  this  Section,
34        the   Secretary   of  State  may  furnish,  without  fee,
 
                            -74-     LRB093 05120 AMC 14382 a
 1        information from an individual driver's record  on  file,
 2        if  a written request therefor is submitted by any public
 3        transit  system  or  authority,  public   defender,   law
 4        enforcement  agency,  a  state  or  federal agency, or an
 5        Illinois  local  intergovernmental  association,  if  the
 6        request is for the  purpose  of  a  background  check  of
 7        applicants  for employment with the requesting agency, or
 8        for the purpose of an official investigation conducted by
 9        the agency, or to determine a  current  address  for  the
10        driver  so  public  funds can be recovered or paid to the
11        driver, or for any other purpose set forth in  subsection
12        (f-5) of this Section.
13             The  Secretary may also furnish the courts a copy of
14        an abstract of a driver's record, without fee, subsequent
15        to an arrest for a  violation  of  Section  11-501  or  a
16        similar  provision  of  a local ordinance.  Such abstract
17        may   include   records   of   dispositions;   documented
18        information involving the  use  of  a  motor  vehicle  as
19        contained  in  the  current file; whether such individual
20        has, or previously  had,  a  driver's  license;  and  the
21        address  and  personal  description  as reflected on said
22        driver's record.
23             6.  Any certified abstract issued by  the  Secretary
24        of  State  or transmitted electronically by the Secretary
25        of State pursuant to this  Section,  to  a  court  or  on
26        request  of a law enforcement agency, for the record of a
27        named person as to the status of  the  person's  driver's
28        license  shall  be  prima  facie  evidence  of  the facts
29        therein stated and if the name appearing in such abstract
30        is the same as that of a person named in  an  information
31        or  warrant,  such abstract shall be prima facie evidence
32        that the person named in such information or  warrant  is
33        the  same person as the person named in such abstract and
34        shall be admissible for any prosecution under  this  Code
 
                            -75-     LRB093 05120 AMC 14382 a
 1        and be admitted as proof of any prior conviction or proof
 2        of  records,  notices,  or  orders recorded on individual
 3        driving records maintained by the Secretary of State.
 4             7.  Subject to any  restrictions  contained  in  the
 5        Juvenile  Court Act of 1987, and upon receipt of a proper
 6        request and a fee of $6, the  Secretary  of  State  shall
 7        provide  a driver's record to the affected driver, or the
 8        affected  driver's  attorney,  upon  verification.   Such
 9        record shall contain all the information referred  to  in
10        paragraph  1  of  this  subsection (g) plus: any recorded
11        accident involvement as a  driver;  information  recorded
12        pursuant to subsection (e) of Section 6-117 and paragraph
13        (4) of subsection (a) of Section 6-204 of this Code.  All
14        other  information,  unless  otherwise  permitted by this
15        Code, shall remain confidential.
16        (h)  The Secretary shall  not  disclose  social  security
17    numbers  except pursuant to a written request by, or with the
18    prior written consent  of,  the  individual  except:  (1)  to
19    officers  and  employees  of the Secretary who have a need to
20    know the social security  numbers  in  performance  of  their
21    official  duties,  (2)  to  law  enforcement  officials for a
22    lawful, civil or criminal law enforcement investigation,  and
23    if  the head of the law enforcement agency has made a written
24    request to  the  Secretary  specifying  the  law  enforcement
25    investigation for which the social security numbers are being
26    sought,    (3)   to   the   United   States   Department   of
27    Transportation,  or  any  other  State,   pursuant   to   the
28    administration   and  enforcement  of  the  Commercial  Motor
29    Vehicle Safety Act of 1986, (4)  pursuant to the order  of  a
30    court  of competent jurisdiction, or (5) to the Department of
31    Public Aid for utilization in the child  support  enforcement
32    duties  assigned  to  that Department under provisions of the
33    Public Aid Code after the individual  has  received  advanced
34    meaningful notification of what redisclosure is sought by the
 
                            -76-     LRB093 05120 AMC 14382 a
 1    Secretary in accordance with the federal Privacy Act.
 2        (i)  (Blank).
 3        (j)  Medical  statements  or  medical reports received in
 4    the Secretary of State's Office shall  be  confidential.   No
 5    confidential  information may be open to public inspection or
 6    the  contents  disclosed  to  anyone,  except  officers   and
 7    employees  of  the  Secretary  who  have  a  need to know the
 8    information contained in the medical reports and  the  Driver
 9    License  Medical  Advisory  Board,  unless  so directed by an
10    order of a court of competent jurisdiction.
11        (k)  All fees collected under this Section shall be  paid
12    into  the  Road Fund of the State Treasury, except that $3 of
13    the $6 fee for a driver's  record  shall  be  paid  into  the
14    Secretary of State Special Services Fund.
15        (l)  (Blank).
16        (m)  Notations   of  accident  involvement  that  may  be
17    disclosed under this  Section  shall  not  include  notations
18    relating  to  damage  to  a  vehicle  or other property being
19    transported by a tow truck.  This  information  shall  remain
20    confidential,  provided  that  nothing in this subsection (m)
21    shall  limit  disclosure  of  any  notification  of  accident
22    involvement to any law enforcement agency or official.
23        (n)  Requests  made  by  the  news  media  for   driver's
24    license,  vehicle,  or  title registration information may be
25    furnished  without  charge  or  at  a  reduced   charge,   as
26    determined  by  the  Secretary, when the specific purpose for
27    requesting the documents  is  deemed  to  be  in  the  public
28    interest.   Waiver  or  reduction of the fee is in the public
29    interest if the principal purpose of the request is to access
30    and disseminate information regarding the health, safety, and
31    welfare or the legal rights of the general public and is  not
32    for the principal purpose of gaining a personal or commercial
33    benefit. The information provided pursuant to this subsection
34    shall  not  contain personally identifying information unless
 
                            -77-     LRB093 05120 AMC 14382 a
 1    the information is  to  be  used  for  one  of  the  purposes
 2    identified in subsection (f-5) of this Section.
 3        (o)  The    redisclosure    of   personally   identifying
 4    information obtained pursuant to this Section is  prohibited,
 5    except  to the extent necessary to effectuate the purpose for
 6    which  the  original  disclosure  of  the   information   was
 7    permitted.
 8        (p)  The  Secretary  of State is empowered to adopt rules
 9    to effectuate this Section.
10    (Source: P.A.  91-37,  eff.  7-1-99;  91-357,  eff.  7-29-99;
11    91-716,  eff.  10-1-00;  92-32,  eff.  7-1-01;  92-651,  eff.
12    7-11-02.)

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

15        (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
16        Sec. 24-2.  Exemptions.
17        (a)  Subsections  24-1(a)(3),  24-1(a)(4) and 24-1(a)(10)
18    and Section 24-1.6 do not apply  to  or  affect  any  of  the
19    following:
20             (1)  Peace  officers,  and  any person summoned by a
21        peace officer to assist in making arrests  or  preserving
22        the  peace,  while  actually  engaged  in  assisting such
23        officer.
24             (2)  Wardens,   superintendents   and   keepers   of
25        prisons, penitentiaries, jails and other institutions for
26        the detention of  persons  accused  or  convicted  of  an
27        offense, while in the performance of their official duty,
28        or  while  commuting  between  their  homes and places of
29        employment.
30             (3)  Members of the Armed Services or Reserve Forces
31        of the United States or the Illinois  National  Guard  or
32        the   Reserve  Officers  Training  Corps,  while  in  the
 
                            -78-     LRB093 05120 AMC 14382 a
 1        performance of their official duty.
 2             (4)  Special agents employed  by  a  railroad  or  a
 3        public utility to perform police functions, and guards of
 4        armored  car  companies,  while  actually  engaged in the
 5        performance  of  the  duties  of  their   employment   or
 6        commuting  between  their homes and places of employment;
 7        and watchmen while actually engaged in the performance of
 8        the duties of their employment.
 9             (5)  Persons   licensed    as    private    security
10        contractors,   private   detectives,   or  private  alarm
11        contractors, or employed by an agency  certified  by  the
12        Department  of  Professional  Regulation, if their duties
13        include the carrying of a weapon under the provisions  of
14        the  Private  Detective, Private Alarm, Private Security,
15        and Locksmith Act of 2004 and  Private  Security  Act  of
16        1983,  while  actually  engaged in the performance of the
17        duties of their employment  or  commuting  between  their
18        homes  and  places  of  employment,  provided  that  such
19        commuting  is accomplished within one hour from departure
20        from home or place of employment, as  the  case  may  be.
21        Persons  exempted  under this subdivision (a)(5) shall be
22        required to have completed  a course of study in firearms
23        handling and training  approved  and  supervised  by  the
24        Department  of  Professional  Regulation as prescribed by
25        Section 28  of  the  Private  Detective,  Private  Alarm,
26        Private  Security,  and Locksmith Act of 2004 and Private
27        Security Act of 1983, prior to becoming eligible for this
28        exemption.  The  Department  of  Professional  Regulation
29        shall  provide  suitable  documentation demonstrating the
30        successful  completion   of   the   prescribed   firearms
31        training.   Such  documentation  shall  be carried at all
32        times  when  such  persons  are  in   possession   of   a
33        concealable weapon.
34             (6)  Any  person  regularly employed in a commercial
 
                            -79-     LRB093 05120 AMC 14382 a
 1        or industrial operation  as  a  security  guard  for  the
 2        protection  of  persons  employed  and  private  property
 3        related to such commercial or industrial operation, while
 4        actually engaged in the performance of his or her duty or
 5        traveling  between  sites  or properties belonging to the
 6        employer, and who, as a security guard, is a member of  a
 7        security  force of at least 5 persons registered with the
 8        Department of Professional Regulation; provided that such
 9        security guard has successfully  completed  a  course  of
10        study,  approved  by  and supervised by the Department of
11        Professional Regulation, consisting of not less  than  40
12        hours  of  training  that  includes  the  theory  of  law
13        enforcement,  liability  for  acts,  and  the handling of
14        weapons.  A person shall be considered eligible for  this
15        exemption  if  he  or  she  has completed the required 20
16        hours of training for a security officer and 20 hours  of
17        required  firearm training, and has been issued a firearm
18        authorization card  by  the  Department  of  Professional
19        Regulation.    Conditions  for  the  renewal  of  firearm
20        authorization cards issued under the provisions  of  this
21        Section shall be the same as for those cards issued under
22        the  provisions  of the Private Detective, Private Alarm,
23        Private Security, and Locksmith Act of 2004  and  Private
24        Security  Act  of  1983.  Such firearm authorization card
25        shall be carried by the security guard at all times  when
26        he or she is in possession of a concealable weapon.
27             (7)  Agents   and   investigators  of  the  Illinois
28        Legislative Investigating Commission  authorized  by  the
29        Commission  to carry the weapons specified in subsections
30        24-1(a)(3) and 24-1(a)(4), while on duty in the course of
31        any investigation for the Commission.
32             (8)  Persons employed by a financial institution for
33        the protection of other employees and property related to
34        such financial institution, while actually engaged in the
 
                            -80-     LRB093 05120 AMC 14382 a
 1        performance of  their  duties,  commuting  between  their
 2        homes  and  places  of  employment,  or traveling between
 3        sites or properties owned or operated by  such  financial
 4        institution,  provided  that  any  person so employed has
 5        successfully completed a course of study, approved by and
 6        supervised by the Department of Professional  Regulation,
 7        consisting  of  not  less than 40 hours of training which
 8        includes theory of law enforcement, liability  for  acts,
 9        and the handling of weapons. A person shall be considered
10        to  be  eligible  for  this  exemption  if  he or she has
11        completed  the  required  20  hours  of  training  for  a
12        security  officer  and  20  hours  of  required   firearm
13        training,  and  has  been  issued a firearm authorization
14        card  by  the  Department  of  Professional   Regulation.
15        Conditions  for  renewal  of  firearm authorization cards
16        issued under the provisions of this Section shall be  the
17        same  as  for  those  issued  under the provisions of the
18        Private Detective, Private Alarm, Private  Security,  and
19        Locksmith  Act  of 2004 and Private Security Act of 1983.
20        Such firearm authorization card shall be carried  by  the
21        person  so  trained  at  all times when such person is in
22        possession of a concealable weapon.  For purposes of this
23        subsection, "financial institution" means a bank, savings
24        and loan association, credit union or  company  providing
25        armored car services.
26             (9)  Any  person  employed by an armored car company
27        to drive an armored car, while actually  engaged  in  the
28        performance of his duties.
29             (10)  Persons  who  have  been  classified  as peace
30        officers pursuant to the Peace Officer Fire Investigation
31        Act.
32             (11)  Investigators of the  Office  of  the  State's
33        Attorneys Appellate Prosecutor authorized by the board of
34        governors   of   the  Office  of  the  State's  Attorneys
 
                            -81-     LRB093 05120 AMC 14382 a
 1        Appellate Prosecutor to carry weapons pursuant to Section
 2        7.06 of the State's Attorneys Appellate Prosecutor's Act.
 3             (12)  Special investigators appointed by  a  State's
 4        Attorney under Section 3-9005 of the Counties Code.
 5             (13)  Court   Security   Officers   while   in   the
 6        performance  of their official duties, or while commuting
 7        between their homes and places of  employment,  with  the
 8        consent of the Sheriff.
 9             (13.5)  A person employed as an armed security guard
10        at a nuclear energy, storage, weapons or development site
11        or   facility   regulated   by   the  Nuclear  Regulatory
12        Commission who has completed the background screening and
13        training mandated by the rules  and  regulations  of  the
14        Nuclear Regulatory Commission.
15             (14)  Manufacture,   transportation,   or   sale  of
16        weapons to  persons  authorized  under  subdivisions  (1)
17        through  (13.5)  of  this  subsection  to  possess  those
18        weapons.
19        (b)  Subsections  24-1(a)(4)  and 24-1(a)(10) and Section
20    24-1.6 do not apply to or affect any of the following:
21             (1)  Members of any club or  organization  organized
22        for  the  purpose  of practicing shooting at targets upon
23        established target ranges, whether public or private, and
24        patrons of such ranges, while such members or patrons are
25        using their firearms on those target ranges.
26             (2)  Duly authorized military or civil organizations
27        while  parading,  with  the  special  permission  of  the
28        Governor.
29             (3)  Hunters, trappers or fishermen with  a  license
30        or permit while engaged in hunting, trapping or fishing.
31             (4)  Transportation  of weapons that are broken down
32        in  a  non-functioning  state  or  are  not   immediately
33        accessible.
34        (c)  Subsection  24-1(a)(7)  does  not apply to or affect
 
                            -82-     LRB093 05120 AMC 14382 a
 1    any of the following:
 2             (1)  Peace officers while in  performance  of  their
 3        official duties.
 4             (2)  Wardens,   superintendents   and   keepers   of
 5        prisons, penitentiaries, jails and other institutions for
 6        the  detention  of  persons  accused  or  convicted of an
 7        offense.
 8             (3)  Members of the Armed Services or Reserve Forces
 9        of the United States  or  the  Illinois  National  Guard,
10        while in the performance of their official duty.
11             (4)  Manufacture, transportation, or sale of machine
12        guns to persons authorized under subdivisions (1) through
13        (3)  of  this  subsection to possess machine guns, if the
14        machine guns are broken down in a  non-functioning  state
15        or are not immediately accessible.
16             (5)  Persons   licensed   under   federal   law   to
17        manufacture  any  weapon  from  which  8 or more shots or
18        bullets can be discharged by a  single  function  of  the
19        firing  device,  or  ammunition  for  such  weapons,  and
20        actually  engaged  in  the business of manufacturing such
21        weapons  or  ammunition,  but  only   with   respect   to
22        activities  which  are  within  the  lawful scope of such
23        business, such as  the  manufacture,  transportation,  or
24        testing  of  such  weapons or ammunition.  This exemption
25        does not authorize the general private possession of  any
26        weapon  from  which  8  or  more  shots or bullets can be
27        discharged by a single function of the firing device, but
28        only such possession and activities  as  are  within  the
29        lawful   scope   of  a  licensed  manufacturing  business
30        described in this paragraph.
31             During transportation, such weapons shall be  broken
32        down  in  a  non-functioning  state  or  not  immediately
33        accessible.
34             (6)  The  manufacture, transport, testing, delivery,
 
                            -83-     LRB093 05120 AMC 14382 a
 1        transfer  or  sale,  and   all   lawful   commercial   or
 2        experimental  activities  necessary  thereto,  of rifles,
 3        shotguns, and weapons made from rifles  or  shotguns,  or
 4        ammunition  for  such  rifles, shotguns or weapons, where
 5        engaged in by a  person  operating  as  a  contractor  or
 6        subcontractor  pursuant  to a contract or subcontract for
 7        the development and  supply  of  such  rifles,  shotguns,
 8        weapons  or ammunition to the United States government or
 9        any branch of the Armed Forces of the United States, when
10        such activities are necessary and incident to  fulfilling
11        the terms of such contract.
12             The  exemption granted under this subdivision (c)(6)
13        shall also apply to any  authorized  agent  of  any  such
14        contractor  or  subcontractor who is operating within the
15        scope of his employment, where such activities  involving
16        such  weapon,  weapons  or  ammunition  are necessary and
17        incident to fulfilling the terms of such contract.
18             During transportation,  any  such  weapon  shall  be
19        broken   down   in   a   non-functioning  state,  or  not
20        immediately accessible.
21        (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
22    purchase,   possession   or   carrying  of  a  black-jack  or
23    slung-shot by a peace officer.
24        (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
25    manager or authorized employee of any place specified in that
26    subsection nor to any law enforcement officer.
27        (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
28    Section  24-1.6  do  not  apply  to  members  of  any club or
29    organization organized for the purpose of practicing shooting
30    at targets upon established target ranges, whether public  or
31    private, while using their firearms on those target ranges.
32        (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
33    apply to:
34             (1)  Members of the Armed Services or Reserve Forces
 
                            -84-     LRB093 05120 AMC 14382 a
 1        of  the  United  States  or  the Illinois National Guard,
 2        while in the performance of their official duty.
 3             (2)  Bonafide  collectors  of  antique  or   surplus
 4        military ordinance.
 5             (3)  Laboratories  having  a  department of forensic
 6        ballistics,  or  specializing  in  the   development   of
 7        ammunition or explosive ordinance.
 8             (4)  Commerce,  preparation,  assembly or possession
 9        of  explosive  bullets  by  manufacturers  of  ammunition
10        licensed by the federal government,  in  connection  with
11        the supply of those organizations and persons exempted by
12        subdivision (g)(1) of this Section, or like organizations
13        and  persons outside this State, or the transportation of
14        explosive bullets to any organization or person  exempted
15        in this Section by a common carrier or by a vehicle owned
16        or leased by an exempted manufacturer.
17        (h)  An  information or indictment based upon a violation
18    of any subsection of  this  Article  need  not  negative  any
19    exemptions  contained  in  this Article.  The defendant shall
20    have the burden of proving such an exemption.
21        (i)  Nothing in this Article shall prohibit, apply to, or
22    affect the transportation, carrying, or  possession,  of  any
23    pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
24    consigned  to a common carrier operating under license of the
25    State of Illinois  or  the  federal  government,  where  such
26    transportation,  carrying,  or  possession is incident to the
27    lawful  transportation  in  which  such  common  carrier   is
28    engaged;  and  nothing  in this Article shall prohibit, apply
29    to, or affect the transportation, carrying, or possession  of
30    any  pistol, revolver, stun gun, taser, or other firearm, not
31    the subject of and  regulated  by  subsection  24-1(a)(7)  or
32    subsection  24-2(c)  of  this  Article, which is unloaded and
33    enclosed in a case, firearm carrying box,  shipping  box,  or
34    other  container,  by the possessor of a valid Firearm Owners
 
                            -85-     LRB093 05120 AMC 14382 a
 1    Identification Card.
 2    (Source: P.A. 91-287,  eff.  1-1-00;  91-690,  eff.  4-13-00;
 3    92-325, eff. 8-9-01.)

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

 6        (735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
 7        Sec. 2-202. Persons authorized to serve process; Place of
 8    service; Failure to make return.
 9        (a)  Process  shall  be  served  by  a sheriff, or if the
10    sheriff is disqualified, by a coroner of some county  of  the
11    State.   A sheriff of a county with a population of less than
12    1,000,000 may employ civilian personnel to serve process.  In
13    counties with a population of less  than  1,000,000,  process
14    may  be  served, without special appointment, by a person who
15    is licensed or registered as a private  detective  under  the
16    Private  Detective,  Private  Alarm,   Private  Security, and
17    Locksmith Act of 2004 1993 or by a registered employee  of  a
18    private detective agency certified under that Act.  A private
19    detective or licensed employee must supply the sheriff of any
20    county  in which he serves process with a copy of his license
21    or certificate; however, the failure of a  person  to  supply
22    the  copy shall not in any way impair the validity of process
23    served by the person. The court may, in its  discretion  upon
24    motion,  order service to be made by a private person over 18
25    years of age and not  a  party  to  the  action.  It  is  not
26    necessary that service be made by a sheriff or coroner of the
27    county  in  which  service is made. If served or sought to be
28    served by a sheriff or coroner, he or she shall  endorse  his
29    or  her return thereon, and if by a private person the return
30    shall be by affidavit.
31        (a-5)  Upon motion and in its discretion, the  court  may
32    appoint  as  a  special  process  server  a private detective
 
                            -86-     LRB093 05120 AMC 14382 a
 1    agency certified under the Private Detective, Private  Alarm,
 2    Private  Security, and Locksmith Act of 2004 1993.  Under the
 3    appointment, any employee of the private detective agency who
 4    is registered under that Act  may  serve  the  process.   The
 5    motion  and  the order of appointment must contain the number
 6    of the certificate issued to the private detective agency  by
 7    the  Department  of Professional Regulation under the Private
 8    Detective, Private Alarm, Private Security, and Locksmith Act
 9    of 2004 1993.
10        (b)  Summons may be served upon the  defendants  wherever
11    they  may  be found in the State, by any person authorized to
12    serve process. An officer may serve summons  in  his  or  her
13    official  capacity  outside  his  or her county, but fees for
14    mileage outside the county of the officer cannot be taxed  as
15    costs. The person serving the process in a foreign county may
16    make return by mail.
17        (c)  If any sheriff, coroner, or other person to whom any
18    process  is  delivered, neglects or refuses to make return of
19    the same, the plaintiff may petition the  court  to  enter  a
20    rule requiring the sheriff, coroner, or other person, to make
21    return  of  the process on a day to be fixed by the court, or
22    to show cause on that day  why  that  person  should  not  be
23    attached  for contempt of the court. The plaintiff shall then
24    cause a written notice of  the  rule  to  be  served  on  the
25    sheriff,  coroner,  or  other  person. If good and sufficient
26    cause be not shown to excuse the officer or other person, the
27    court shall adjudge him or her  guilty  of  a  contempt,  and
28    shall impose punishment as in other cases of contempt.
29        (d)  If  process  is  served by a sheriff or coroner, the
30    court may tax the fee of the sheriff or coroner as  costs  in
31    the  proceeding.  If process is served by a private person or
32    entity, the court may establish a fee therefor and  tax  such
33    fee as costs in the proceedings.
34        (e)  In  addition to the powers stated in Section 8.1a of
 
                            -87-     LRB093 05120 AMC 14382 a
 1    the Housing Authorities Act, in counties with a population of
 2    3,000,000 or more inhabitants, members of a housing authority
 3    police  force  may  serve  process  for  forcible  entry  and
 4    detainer actions commenced by that housing authority and  may
 5    execute orders of possession for that housing authority.
 6        (f)  In  counties with a population of 3,000,000 or more,
 7    process may be served, with special appointment by the court,
 8    by a private process server or a law enforcement agency other
 9    than the county sheriff in proceedings instituted  under  the
10    Forcible  Entry and Detainer Article of this Code as a result
11    of a lessor or  lessor's  assignee  declaring  a  lease  void
12    pursuant  to  Section  11  of  the  Controlled  Substance and
13    Cannabis Nuisance Act.
14    (Source: P.A. 90-557, eff. 6-1-98; 91-95, eff. 7-9-99.)

15                     ARTICLE 99. EFFECTIVE DATE.

16        Section 99-5.  Effective date. This Act takes effect upon
17    becoming law.".