HB0902 94TH GENERAL ASSEMBLY

LRB094 05875 RAS 35929 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0902

Introduced 2/2/2005, by Rep. Angelo Saviano

SYNOPSIS AS INTRODUCED:

225 ILCS 447/20-10
225 ILCS 447/35-35.1 new

Amends the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Removes a provision that allows a person to receive a license as a private alarm contractor without having passed an examination under certain circumstances. Adds a provision that allows a security agency to employ guards of a displaced security agency in an armed capacity pending receipt of a firearm authorization for the acquiring agency. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 is amended by changing Section 20-10 and by adding Section 35-35.1 as follows:

(225 ILCS 447/20-10)

(Section scheduled to be repealed on January 1, 2014)

Sec. 20-10. Qualifications for licensure as a private alarm contractor.

(a) A person is qualified for licensure as a private alarm contractor if he or she meets all of the following requirements:

(1) Is at least 21 years of age.

(2) Has not been convicted of any felony in any jurisdiction or at least 10 years have elapsed since the time of full discharge from a sentence imposed for a felony conviction.

(3) Is of good moral character. Good moral character is a continuing requirement of licensure. Conviction of crimes other than felonies may be used in determining moral character, but shall not constitute an absolute bar to licensure.

(4) Has not been declared by any court of competent jurisdiction to be incompetent by reason of mental or physical defect or disease, unless a court has subsequently declared him or her to be competent.

(5) Is not suffering from dependence on alcohol or from narcotic addiction or dependence.

(6) Has a minimum of 3 years experience of the 5 years immediately preceding application working as a full-time manager for a licensed private alarm contractor agency or for an entity that designs, sells, installs, services, or monitors alarm systems that, in the judgment of the Board, satisfies the standards of alarm industry competence. An applicant who has received a 4-year degree or higher in electrical engineering or a related field from a program approved by the Board shall be given credit for 2 years of the required experience. An applicant who has successfully completed a national certification program approved by the Board shall be given credit for one year of the required experience.

(7) Has not been dishonorably discharged from the armed forces of the United States.

(8) Has passed an examination authorized by the Department.

(9) Submits his or her fingerprints, proof of having general liability insurance required under subsection (c), and the required license fee.

(10) Has not violated Section 10-5 of this Act.

(b) (Blank). A person is qualified to receive a license as a private alarm contractor without meeting the requirement of item (8) of subsection (a) if he or she:

(1) applies for a license between September 2, 2003 and September 5, 2003 in writing on forms supplied by the Department;

(2) provides proof of ownership of a licensed alarm contractor agency; and

(3) provides proof of at least 7 years of experience in the installation, design, sales, repair, maintenance, alteration, or service of alarm systems or any other low voltage electronic systems.

(c) It is the responsibility of the applicant to obtain general liability insurance in an amount and coverage appropriate for the applicant's circumstances as determined by rule. The applicant shall provide evidence of insurance to the Department before being issued a license. Failure to maintain general liability insurance and to provide the Department with written proof of the insurance shall result in cancellation of the license.

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

(225 ILCS 447/35-35.1 new)

Sec. 35-35.1. Acquisition of new account.

(a) Notwithstanding any other provision of law, when a licensed security agency acquires a new account that requires security guards working in an armed capacity with the appropriate firearm authorization card and permanent employee registration card, the acquiring agency may employ the guards of the displaced agency in an armed capacity for a period not to exceed 90 calendar days pending receipt of the firearm authorization card on behalf of the acquiring agency as the employing agency if all of the following conditions are met:

(1) The acquiring agency has notified the Department within 5 days of receiving notification that it has been awarded a contract to provide armed security services. Notification shall include the name and address of the contracting customer, the address of all service sites, and the service inception date.

(2) On the date the acquiring agency employs the displaced armed guards, the acquiring agency must mail to the Department all of the following:

(A) an application for a firearm authorization card for each acquired employee who will work armed under this provision;

(B) a roster of acquired employees that includes each employee's name, address, permanent employee registration card number, and firearm authorization card number;

(C) a copy of each employee's firearm authorization card, signed by the licensee-in-charge of the acquiring agency and dated with the acquired employee's date of assignment; and

(D) a printout from the Department's website verifying that the original firearm authorization card is in active status.

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

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

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

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

(7) The acquiring agency shall submit all copies of firearm authorization cards described in this Section to the Department within 10 days of issuance of a new firearm authorization card.

(8) The acquired employee may only be armed with the type of weapon approved on the face of the employee's firearm authorization card.

(9) Upon termination of the acquired employee from the displaced agency, the displaced agency shall return the original firearm authorization card to the Department. In the event an employee fails to return a firearm authorization card to the displaced agency, the displaced agency shall notify the Department in writing that the card was not returned and of the reason why the card was not returned.

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

(c) Employing an acquired employee in an armed capacity without notifying the Department as required in this Section as of the date of employment shall constitute an imminent danger to the public.

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