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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||||||||||||||||||||
5 | Section 4.24 and by adding Section 4.34 as follows:
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6 | (5 ILCS 80/4.24)
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7 | Sec. 4.24. Acts and Section repealed on January 1, 2014. | ||||||||||||||||||||||||
8 | The following
Acts and Section of an Act are repealed
on | ||||||||||||||||||||||||
9 | January 1, 2014:
| ||||||||||||||||||||||||
10 | The Electrologist Licensing Act.
| ||||||||||||||||||||||||
11 | The Illinois Certified Shorthand Reporters Act of 1984.
| ||||||||||||||||||||||||
12 | The Illinois Occupational Therapy Practice Act.
| ||||||||||||||||||||||||
13 | The Illinois Public Accounting Act.
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14 | The Private Detective, Private Alarm, Private Security, | ||||||||||||||||||||||||
15 | Fingerprint Vendor, and Locksmith Act
of 2004.
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16 | The Registered Surgical Assistant and Registered Surgical | ||||||||||||||||||||||||
17 | Technologist
Title Protection Act.
| ||||||||||||||||||||||||
18 | Section 2.5 of the Illinois Plumbing License Law. | ||||||||||||||||||||||||
19 | The Veterinary Medicine and Surgery Practice Act of 2004.
| ||||||||||||||||||||||||
20 | (Source: P.A. 97-1139, eff. 12-28-12.)
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21 | (5 ILCS 80/4.34 new) | ||||||||||||||||||||||||
22 | Sec. 4.34. Act repealed on January 1, 2024. The following |
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| |||||||
1 | Act is repealed on January 1, 2024: | ||||||
2 | The Private Detective, Private Alarm, Private Security, | ||||||
3 | Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
4 | Section 10. The Private Detective, Private Alarm, Private | ||||||
5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
6 | amended by changing Sections 5-10, 5-15, 10-25, 10-30, 15-5, | ||||||
7 | 15-10, 15-15, 20-10, 20-15, 25-10, 25-15, 25-20, 25-30, 30-5, | ||||||
8 | 30-10, 30-15, 30-30, 31-15, 35-10, 35-20, 35-30, 35-32, 35-35, | ||||||
9 | 35-40, 35-45, 40-5, 40-10, 40-25, 40-30, 40-35, 40-40, 40-45, | ||||||
10 | 45-10, 45-15, 45-20, 45-25, 45-30, 45-45, 45-50, 45-55, 45-60, | ||||||
11 | 50-5, 50-10, and 50-15 and by adding Section 50-50 as follows:
| ||||||
12 | (225 ILCS 447/5-10)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
14 | Sec. 5-10. Definitions. As used in this Act:
| ||||||
15 | "Address of record" means the designated address recorded | ||||||
16 | by the Department in the applicant's application file or the | ||||||
17 | licensee's license file, as maintained by the Department's | ||||||
18 | licensure maintenance unit. | ||||||
19 | "Advertisement" means any public media, including printed | ||||||
20 | or electronic material , that is published or displayed in a | ||||||
21 | phone book,
newspaper, magazine, pamphlet, newsletter, | ||||||
22 | website, or other similar type of publication or electronic | ||||||
23 | format
that is
intended to either attract business or merely | ||||||
24 | provide contact information to
the public for
an agency or |
| |||||||
| |||||||
1 | licensee. Advertisement shall include any material | ||||||
2 | disseminated by
printed or electronic means or media, but shall | ||||||
3 | not include a licensee's or an
agency's
letterhead, business | ||||||
4 | cards, or other stationery used in routine business
| ||||||
5 | correspondence or
customary name, address, and number type | ||||||
6 | listings in a telephone directory.
| ||||||
7 | "Alarm system" means any system, including an electronic | ||||||
8 | access control
system, a
surveillance video system, a security | ||||||
9 | video system, a burglar alarm system, a
fire alarm
system, an | ||||||
10 | emergency communication system, mass notification system, or | ||||||
11 | any other electronic system that activates an audible, visible,
| ||||||
12 | remote, or
recorded signal that is designed for the protection | ||||||
13 | or detection of intrusion,
entry, theft,
fire, vandalism, | ||||||
14 | escape, or trespass, or other electronic systems designed for | ||||||
15 | the protection of life by indicating the existence of an | ||||||
16 | emergency situation. "Alarm system" also includes an emergency | ||||||
17 | communication system and a mass notification system.
| ||||||
18 | "Applicant" means a person or business applying for | ||||||
19 | licensure , registration, or authorization under this Act as a | ||||||
20 | fingerprint vendor, fingerprint vendor agency, locksmith, | ||||||
21 | locksmith agency, private alarm contractor, private alarm | ||||||
22 | contractor agency, private detective, private detective | ||||||
23 | agency, private security contractor, or private security | ||||||
24 | contractor agency . Any applicant or person who holds himself or | ||||||
25 | herself out as an applicant is considered a licensee or | ||||||
26 | registrant for the purposes of enforcement, investigation, |
| |||||||
| |||||||
1 | hearings, and the Illinois Administrative Procedure Act. | ||||||
2 | "Armed employee" means a licensee or registered person who | ||||||
3 | is employed by an
agency licensed or an armed proprietary | ||||||
4 | security force registered under this
Act who carries a weapon | ||||||
5 | while engaged in the
performance
of official duties within the | ||||||
6 | course and scope of his or her employment during
the hours
and | ||||||
7 | times the employee is scheduled to work or is commuting between | ||||||
8 | his or her
home or
place of employment , provided that commuting | ||||||
9 | is accomplished within one hour
from
departure from home or | ||||||
10 | place of employment .
| ||||||
11 | "Armed proprietary security force" means a security force | ||||||
12 | made up of one 5 or
more
armed individuals employed by a | ||||||
13 | private, commercial , or industrial operation or
one or
more | ||||||
14 | armed individuals employed by a financial institution as | ||||||
15 | security officers
for the
protection of persons or property.
| ||||||
16 | "Board" means the Private Detective, Private Alarm, | ||||||
17 | Private Security, Fingerprint Vendor, and
Locksmith Board.
| ||||||
18 | "Branch office" means a business location removed from the | ||||||
19 | place of business
for which an agency license has been issued, | ||||||
20 | including, but not limited to,
locations where active employee | ||||||
21 | records that are required to be maintained
under this Act are | ||||||
22 | kept, where prospective new
employees
are processed, or where | ||||||
23 | members of the public are invited in to transact
business. A
| ||||||
24 | branch office does not include an office or other facility | ||||||
25 | located on the
property of an
existing client that is utilized | ||||||
26 | solely for the benefit of that client and is
not owned or
|
| |||||||
| |||||||
1 | leased by the agency.
| ||||||
2 | "Canine handler" means a person who uses or handles a | ||||||
3 | trained dog
to protect persons or property or
to conduct | ||||||
4 | investigations. | ||||||
5 | "Canine handler authorization card" means a card issued by | ||||||
6 | the Department that authorizes
the holder to use or handle a | ||||||
7 | trained dog to protect persons or property or to conduct
| ||||||
8 | investigations during the performance of his or her duties as | ||||||
9 | specified in this Act. | ||||||
10 | "Canine trainer" means a person who acts as a dog trainer | ||||||
11 | for the purpose of training dogs to protect
persons or property | ||||||
12 | or to conduct investigations. | ||||||
13 | "Canine trainer authorization card" means a card issued by | ||||||
14 | the Department that authorizes the
holder to train a dog to | ||||||
15 | protect persons or property or to conduct investigations during | ||||||
16 | the
performance of his or her duties as specified in this Act. | ||||||
17 | "Canine training facility" means a facility operated by a | ||||||
18 | licensed private detective agency or private
security | ||||||
19 | contractor agency wherein dogs are trained for the purposes of | ||||||
20 | protecting persons or property or to
conduct investigations.
| ||||||
21 | "Corporation" means an artificial person or legal entity | ||||||
22 | created by or under
the
authority of the laws of a state, | ||||||
23 | including without limitation a corporation,
limited liability | ||||||
24 | company, or any other legal entity.
| ||||||
25 | "Department" means the Department of Financial and
| ||||||
26 | Professional Regulation.
|
| |||||||
| |||||||
1 | "Emergency communication system" means any system that | ||||||
2 | communicates information about emergencies, including but not | ||||||
3 | limited to fire, terrorist activities, shootings, other | ||||||
4 | dangerous situations, accidents, and natural disasters. | ||||||
5 | "Employee" means a person who works for a person or agency | ||||||
6 | that has the
right to
control the details of the work performed | ||||||
7 | and is not dependent upon whether or
not
federal or state | ||||||
8 | payroll taxes are withheld.
| ||||||
9 | "Fingerprint vendor" means a person that offers, | ||||||
10 | advertises, or provides services to fingerprint individuals, | ||||||
11 | through electronic or other means, for the purpose of providing | ||||||
12 | fingerprint images and associated demographic data to the | ||||||
13 | Department of State Police for processing fingerprint based | ||||||
14 | criminal history record information inquiries. | ||||||
15 | "Fingerprint vendor agency" means a person, firm, | ||||||
16 | corporation, or other legal entity that engages in the | ||||||
17 | fingerprint vendor business and employs, in addition to the | ||||||
18 | fingerprint vendor licensee-in-charge, at least one other | ||||||
19 | person in conducting that business. | ||||||
20 | "Fingerprint vendor licensee-in-charge" means a person who | ||||||
21 | has been designated by a fingerprint vendor agency to be the | ||||||
22 | licensee-in-charge of an agency who is a full-time management | ||||||
23 | employee or owner who assumes sole responsibility for | ||||||
24 | maintaining all records required by this Act and who assumes | ||||||
25 | sole responsibility for assuring the licensed agency's | ||||||
26 | compliance with its responsibilities as stated in this Act. The |
| |||||||
| |||||||
1 | Department shall adopt rules mandating licensee-in-charge | ||||||
2 | participation in agency affairs.
| ||||||
3 | "Fire alarm system" means any system that is activated by | ||||||
4 | an automatic or
manual device in the detection of smoke, heat, | ||||||
5 | or fire that activates an
audible, visible, or
remote signal | ||||||
6 | requiring a response.
| ||||||
7 | "Firearm control card" means a card issued by the | ||||||
8 | Department that
authorizes
the holder, who has complied with | ||||||
9 | the training and other requirements of this Act, to carry a | ||||||
10 | weapon during the performance of his or her duties as
specified | ||||||
11 | in
this Act.
| ||||||
12 | "Firm" means an unincorporated business entity, including | ||||||
13 | but not limited to
proprietorships and partnerships.
| ||||||
14 | "Licensee" means a person or business licensed under this | ||||||
15 | Act as a fingerprint vendor, fingerprint vendor agency, | ||||||
16 | locksmith, locksmith agency, private alarm contractor, private | ||||||
17 | alarm contractor agency, private detective, private detective | ||||||
18 | agency, private security contractor, or private security | ||||||
19 | contractor agency . Anyone who holds himself or herself out as a | ||||||
20 | licensee or who is accused of unlicensed practice is considered | ||||||
21 | a licensee for purposes of enforcement, investigation, | ||||||
22 | hearings, and the Illinois Administrative Procedure Act. | ||||||
23 | "Locksmith" means
a person who engages in a business or | ||||||
24 | holds himself out to the public as
providing a service that | ||||||
25 | includes, but is not limited to, the servicing,
installing, | ||||||
26 | originating first keys, re-coding, repairing, maintaining,
|
| |||||||
| |||||||
1 | manipulating, or bypassing of a mechanical or electronic | ||||||
2 | locking device, access
control or video surveillance system at | ||||||
3 | premises, vehicles, safes, vaults, safe
deposit boxes, or | ||||||
4 | automatic teller machines.
| ||||||
5 | "Locksmith agency" means a person, firm, corporation, or | ||||||
6 | other legal entity
that engages
in the
locksmith business and | ||||||
7 | employs, in addition to the locksmith
licensee-in-charge, at | ||||||
8 | least
one other person in conducting such business.
| ||||||
9 | "Locksmith licensee-in-charge" means a person who has been | ||||||
10 | designated by
agency to be the licensee-in-charge of an agency,
| ||||||
11 | who is a
full-time management employee or owner who assumes | ||||||
12 | sole responsibility
for
maintaining all records required by | ||||||
13 | this Act, and who assumes sole
responsibility for
assuring the | ||||||
14 | licensed agency's compliance with its responsibilities as | ||||||
15 | stated
in this Act. The Department shall adopt rules mandating | ||||||
16 | licensee-in-charge
participation in agency affairs.
| ||||||
17 | "Mass notification system" means any system that is used to | ||||||
18 | provide information and instructions to people in a building or | ||||||
19 | other space using voice communications, including visible | ||||||
20 | signals, text, graphics, tactile, or other communication | ||||||
21 | methods. | ||||||
22 | "Peace officer" or "police officer" means a person who, by | ||||||
23 | virtue of office
or
public
employment, is vested by law with a | ||||||
24 | duty to maintain public order or to make
arrests for
offenses, | ||||||
25 | whether that duty extends to all offenses or is limited to | ||||||
26 | specific
offenses.
Officers, agents, or employees of the |
| |||||||
| |||||||
1 | federal government commissioned by
federal
statute
to make | ||||||
2 | arrests for violations of federal laws are considered peace | ||||||
3 | officers.
| ||||||
4 | "Permanent employee registration card" means a card issued | ||||||
5 | by the Department
to an
individual who has applied to the | ||||||
6 | Department and meets the requirements for
employment by a | ||||||
7 | licensed agency under this Act.
| ||||||
8 | "Person" means a natural person.
| ||||||
9 | "Private alarm contractor" means a person who engages in a | ||||||
10 | business that
individually or through others undertakes, | ||||||
11 | offers to undertake, purports to
have the
capacity to | ||||||
12 | undertake, or submits a bid to sell, install, design, monitor, | ||||||
13 | maintain,
alter, repair,
replace, or service alarm and other | ||||||
14 | security-related systems or parts thereof,
including fire
| ||||||
15 | alarm systems, at protected premises or premises to be | ||||||
16 | protected or responds to
alarm
systems at a protected premises | ||||||
17 | on an emergency basis and not as a full-time
security officer. | ||||||
18 | "Private alarm contractor" does not include a person, firm,
or
| ||||||
19 | corporation that
manufactures or sells alarm systems
only from | ||||||
20 | its place of business and does not sell, install, monitor, | ||||||
21 | maintain,
alter, repair, replace, service, or respond to alarm | ||||||
22 | systems at protected
premises or premises to be protected.
| ||||||
23 | "Private alarm contractor agency" means a person, | ||||||
24 | corporation, or other
entity
that
engages in the private alarm | ||||||
25 | contracting business and employs, in addition to
the private
| ||||||
26 | alarm contractor-in-charge, at least one other person in |
| |||||||
| |||||||
1 | conducting such
business.
| ||||||
2 | "Private alarm contractor licensee-in-charge" means a | ||||||
3 | person who has been
designated by an
agency to be the | ||||||
4 | licensee-in-charge of an agency, who is a full-time management
| ||||||
5 | employee or owner who
assumes sole
responsibility for | ||||||
6 | maintaining all records required by this Act, and who
assumes
| ||||||
7 | sole
responsibility for assuring the licensed agency's | ||||||
8 | compliance with its
responsibilities as
stated in this Act.
The | ||||||
9 | Department shall adopt rules mandating licensee-in-charge | ||||||
10 | participation in
agency affairs.
| ||||||
11 | "Private detective" means any person who by any means, | ||||||
12 | including, but not
limited to, manual, canine odor detection,
| ||||||
13 | or electronic methods, engages in the business of, accepts
| ||||||
14 | employment
to furnish, or agrees to make or makes | ||||||
15 | investigations for a fee or other
consideration to
obtain | ||||||
16 | information relating to:
| ||||||
17 | (1) Crimes or wrongs done or threatened against the | ||||||
18 | United States, any
state or
territory of the United States, | ||||||
19 | or any local government of a state or
territory.
| ||||||
20 | (2) The identity, habits, conduct, business | ||||||
21 | occupation, honesty,
integrity,
credibility, knowledge, | ||||||
22 | trustworthiness, efficiency, loyalty, activity,
movements, | ||||||
23 | whereabouts, affiliations, associations, transactions, | ||||||
24 | acts,
reputation, or character of any person, firm, or | ||||||
25 | other entity by any means,
manual or electronic.
| ||||||
26 | (3) The location, disposition, or recovery of lost or |
| |||||||
| |||||||
1 | stolen property.
| ||||||
2 | (4) The cause, origin, or responsibility for fires, | ||||||
3 | accidents, or injuries
to
individuals or real or personal | ||||||
4 | property.
| ||||||
5 | (5) The truth or falsity of any statement or | ||||||
6 | representation.
| ||||||
7 | (6) Securing evidence to be used before any court, | ||||||
8 | board, or investigating
body.
| ||||||
9 | (7) The protection of individuals from bodily harm or | ||||||
10 | death (bodyguard
functions).
| ||||||
11 | (8) Service of process in criminal and civil | ||||||
12 | proceedings without court
order .
| ||||||
13 | "Private detective agency" means a person, firm, | ||||||
14 | corporation, or other legal
entity that engages
in the
private | ||||||
15 | detective business and employs, in addition to the | ||||||
16 | licensee-in-charge,
one or more
persons in conducting such | ||||||
17 | business.
| ||||||
18 | "Private detective licensee-in-charge" means a person who | ||||||
19 | has been designated
by an agency
to be the licensee-in-charge | ||||||
20 | of an
agency,
who is a full-time management employee or owner
| ||||||
21 | who assumes sole
responsibility
for
maintaining all records | ||||||
22 | required by this Act, and who assumes sole
responsibility
for | ||||||
23 | assuring
the licensed agency's compliance with its | ||||||
24 | responsibilities as stated in this
Act. The Department shall | ||||||
25 | adopt rules mandating licensee-in-charge
participation in | ||||||
26 | agency affairs.
|
| |||||||
| |||||||
1 | "Private security contractor" means a person who engages in | ||||||
2 | the business of
providing a private security officer, watchman, | ||||||
3 | patrol, guard dog, canine odor detection, or a similar service | ||||||
4 | by
any other
title or name on a contractual basis for another | ||||||
5 | person, firm, corporation, or
other entity
for a fee or other | ||||||
6 | consideration and performing one or more of the following
| ||||||
7 | functions:
| ||||||
8 | (1) The prevention or detection of intrusion, entry, | ||||||
9 | theft, vandalism,
abuse, fire,
or trespass on private or | ||||||
10 | governmental property.
| ||||||
11 | (2) The prevention, observation, or detection of any | ||||||
12 | unauthorized activity
on
private or governmental property.
| ||||||
13 | (3) The protection of persons authorized to be on the | ||||||
14 | premises of the
person,
firm, or other entity for which the | ||||||
15 | security contractor contractually provides
security | ||||||
16 | services.
| ||||||
17 | (4) The prevention of the misappropriation or | ||||||
18 | concealment of goods, money,
bonds, stocks, notes, | ||||||
19 | documents, or papers.
| ||||||
20 | (5) The control, regulation, or direction of the | ||||||
21 | movement of the public
for
the
time specifically required | ||||||
22 | for the protection of property owned or controlled
by the | ||||||
23 | client.
| ||||||
24 | (6) The protection of individuals from bodily harm or | ||||||
25 | death (bodyguard
functions).
| ||||||
26 | "Private security contractor agency" means a person, firm, |
| |||||||
| |||||||
1 | corporation, or
other legal entity that
engages in
the private | ||||||
2 | security contractor business and that employs, in addition to | ||||||
3 | the
licensee-in-charge, one or more persons in conducting such | ||||||
4 | business.
| ||||||
5 | "Private security contractor licensee-in-charge" means a | ||||||
6 | person who has been
designated by an agency to be the
| ||||||
7 | licensee-in-charge of an
agency, who is a full-time management | ||||||
8 | employee or owner
who assumes sole responsibility for | ||||||
9 | maintaining all records required by this
Act, and who
assumes | ||||||
10 | sole responsibility for assuring the licensed agency's | ||||||
11 | compliance with
its
responsibilities as
stated in this Act. The | ||||||
12 | Department shall adopt rules mandating
licensee-in-charge | ||||||
13 | participation in agency affairs.
| ||||||
14 | "Public member" means a person who is not a licensee or | ||||||
15 | related to a
licensee, or who is not an employer or employee of | ||||||
16 | a licensee. The term
"related to" shall be determined by the | ||||||
17 | rules of the Department.
| ||||||
18 | "Secretary" means the Secretary of the Department of | ||||||
19 | Financial and Professional Regulation.
| ||||||
20 | (Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10; | ||||||
21 | 96-1445, eff. 8-20-10.)
| ||||||
22 | (225 ILCS 447/5-15)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
24 | Sec. 5-15. Legislative intent. The intent of the General | ||||||
25 | Assembly in
enacting this statute is to regulate persons, |
| |||||||
| |||||||
1 | corporations, and firms licensed
under this Act for the | ||||||
2 | protection of the public. These practices are declared
to | ||||||
3 | affect the public health, safety, and welfare and are subject | ||||||
4 | to exclusive State
regulation and licensure. This Act shall be | ||||||
5 | construed to carry out these
purposes.
| ||||||
6 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
7 | (225 ILCS 447/10-25)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
9 | Sec. 10-25. Issuance of license; renewal; fees.
| ||||||
10 | (a) The Department shall, upon the applicant's | ||||||
11 | satisfactory completion of
the requirements set forth in this | ||||||
12 | Act and upon receipt of the fee, issue the
license indicating | ||||||
13 | the name and business location of the licensee and the date
of | ||||||
14 | expiration.
| ||||||
15 | (b) An applicant may, upon satisfactory completion of the | ||||||
16 | requirements set
forth in this Act and upon receipt of fees | ||||||
17 | related to the application and
testing for licensure, elect to | ||||||
18 | defer the issuance of the applicant's initial
license for a | ||||||
19 | period not longer than 3 6 years. An applicant who fails to | ||||||
20 | request
issuance of his or her initial license or agency | ||||||
21 | license and to remit the fees
required for that license within | ||||||
22 | 3 6 years shall be required to resubmit an
application together | ||||||
23 | with all required fees.
| ||||||
24 | (c) The expiration date, renewal period, and conditions for | ||||||
25 | renewal and
restoration of each license, permanent employee |
| |||||||
| |||||||
1 | registration card, canine handler authorization card, canine | ||||||
2 | trainer authorization card, and firearm
control
card shall be | ||||||
3 | set by rule. The holder may renew the license,
permanent | ||||||
4 | employee registration card, canine handler authorization card, | ||||||
5 | canine trainer authorization card, or firearm control card | ||||||
6 | during the
30 days preceding its expiration by paying the | ||||||
7 | required fee and by meeting
conditions that the Department may | ||||||
8 | specify. Any license holder who notifies the
Department on | ||||||
9 | forms prescribed by
the Department may place his or her license | ||||||
10 | on inactive status for a period of
not longer than 3 6 years | ||||||
11 | and shall, subject to the rules of the Department, be
excused | ||||||
12 | from payment of renewal fees until the license holder notifies | ||||||
13 | the
Department, in writing, of an intention to resume active | ||||||
14 | status. Practice while
on inactive status constitutes | ||||||
15 | unlicensed practice. A non-renewed license
that has lapsed for | ||||||
16 | less than 3 6 years may be restored upon payment of the
| ||||||
17 | restoration fee and all lapsed renewal fees. A license that has | ||||||
18 | lapsed for more
than 3 6 years may be restored by paying the | ||||||
19 | required restoration fee and all
lapsed renewal fees and by | ||||||
20 | providing evidence of competence to resume practice
| ||||||
21 | satisfactory to the Department and the Board, which may include | ||||||
22 | passing a
written examination. All restoration fees and lapsed | ||||||
23 | renewal fees shall be
waived for an applicant whose license | ||||||
24 | lapsed while on active duty in the armed
forces of the United | ||||||
25 | States if application for restoration is made within 12
months | ||||||
26 | after discharge from the service.
|
| |||||||
| |||||||
1 | Any person seeking renewal or restoration under this | ||||||
2 | subsection (c) shall be subject to the continuing education | ||||||
3 | requirements established pursuant to Section 10-27 of this Act.
| ||||||
4 | (d) Any permanent employee registration card expired for | ||||||
5 | less than one year
may be restored upon payment of lapsed | ||||||
6 | renewal fees. Any permanent employee
registration card expired | ||||||
7 | for one year or more may be restored by making
application to | ||||||
8 | the Department and filing proof acceptable to the Department of
| ||||||
9 | the licensee's fitness to have the permanent employee | ||||||
10 | registration card
restored, including verification of
| ||||||
11 | fingerprint processing through the Department of State Police | ||||||
12 | and Federal
Bureau of Investigation and paying the restoration | ||||||
13 | fee.
| ||||||
14 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
15 | (225 ILCS 447/10-30)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
17 | Sec. 10-30. Unlawful acts. It is unlawful for a licensee
or | ||||||
18 | an employee of a licensed agency:
| ||||||
19 | (1) Upon termination of employment by the agency, to
| ||||||
20 | fail to return upon demand or within 72 hours of | ||||||
21 | termination
of employment any firearm issued by the | ||||||
22 | employer together with
the employee's firearm control | ||||||
23 | card.
| ||||||
24 | (2) (Blank). Upon termination of employment by the | ||||||
25 | agency, to
fail to return within 72 hours of termination of |
| |||||||
| |||||||
1 | employment
any uniform, badge, identification card, or | ||||||
2 | equipment issued,
but not sold, to the employee by the | ||||||
3 | agency.
| ||||||
4 | (3) To falsify the employee's statement required by
| ||||||
5 | this Act.
| ||||||
6 | (4) To have a badge, shoulder patch, or any other
| ||||||
7 | identification that contains the words "law enforcement".
| ||||||
8 | In addition, no license holder or employee of a licensed | ||||||
9 | agency
shall in any manner imply that the person is an | ||||||
10 | employee or
agent of a governmental agency or display a | ||||||
11 | badge or
identification card, emblem, or uniform citing the | ||||||
12 | words
"police", "sheriff", "highway patrol trooper", or | ||||||
13 | "law enforcement".
| ||||||
14 | A person who violates any provision of this Section shall | ||||||
15 | be guilty of a Class A misdemeanor; a person who commits a | ||||||
16 | second or subsequent violation of these provisions is guilty of | ||||||
17 | a Class 4 felony. | ||||||
18 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
19 | (225 ILCS 447/15-5)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
21 | Sec. 15-5. Exemptions; private detective. The provisions
| ||||||
22 | of this Act relating to the licensure of private detectives do
| ||||||
23 | not apply to any of the following:
| ||||||
24 | (1) An employee of the United States, Illinois, or a
| ||||||
25 | political subdivision of either while the employee is |
| |||||||
| |||||||
1 | engaged
in the performance of his or her official duties | ||||||
2 | within the
scope of his or her employment. However, any | ||||||
3 | such person who
offers his or her services as a private | ||||||
4 | detective or uses a
similar title when these services are | ||||||
5 | performed for
compensation or other consideration, whether | ||||||
6 | received directly
or indirectly, is subject to this Act.
| ||||||
7 | (2) A person, firm, or other entity engaged exclusively
| ||||||
8 | in tracing and compiling lineage or ancestry who does not | ||||||
9 | hold
himself or herself out to be a private detective.
| ||||||
10 | (3) A person engaged exclusively in obtaining and
| ||||||
11 | furnishing information , including providing reports, as to | ||||||
12 | the financial rating or creditworthiness of
persons or a | ||||||
13 | person who provides reports in
connection with (i) consumer | ||||||
14 | credit transactions, (ii)
information for employment | ||||||
15 | purposes, or (iii) information for
the underwriting of | ||||||
16 | consumer insurance.
| ||||||
17 | (4) Insurance adjusters employed or under contract as
| ||||||
18 | adjusters who engage in no other investigative activities
| ||||||
19 | other than those directly connected with adjustment of | ||||||
20 | claims
against an insurance company or a self-insured | ||||||
21 | entity by which
they are employed or with which they have a | ||||||
22 | contract. No
insurance adjuster or company may use the term | ||||||
23 | "investigation"
or any derivative thereof, in its name or | ||||||
24 | in its advertising.
| ||||||
25 | (5) A person, firm, or other entity engaged in
| ||||||
26 | providing computer forensics services so long as the
|
| |||||||
| |||||||
1 | person, firm, or other entity does not hold himself or
| ||||||
2 | herself out to be a private detective. For the purposes of
| ||||||
3 | this item (5), "computer forensics services" means a
branch | ||||||
4 | of forensic science pertaining to the recovery and
analysis | ||||||
5 | of electronically stored information. | ||||||
6 | (6) A person employed as an investigator exclusively
by | ||||||
7 | only one employer in connection with the exclusive
| ||||||
8 | activities of that employer and who does not hold himself
| ||||||
9 | or herself out to be a private detective. | ||||||
10 | (7) A person appointed by the circuit court pursuant to | ||||||
11 | the Code of Civil Procedure to make service of process in a | ||||||
12 | specific case, provided that such person is not
otherwise | ||||||
13 | engaged in the business of serving process. | ||||||
14 | (8) A person appointed by the circuit court pursuant
to | ||||||
15 | the Code of Civil Procedure who is an honorably
discharged | ||||||
16 | veteran of the armed forces of the United States and is | ||||||
17 | self-employed as a process server. | ||||||
18 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
19 | (225 ILCS 447/15-10)
| ||||||
20 | (Section scheduled to be repealed January 1, 2014)
| ||||||
21 | Sec. 15-10. Qualifications for licensure as a private
| ||||||
22 | detective. | ||||||
23 | (a) A person is qualified for licensure as a private
| ||||||
24 | detective if he or she meets all of the following
requirements:
| ||||||
25 | (1) Is at least 21 years of age.
|
| |||||||
| |||||||
1 | (2) Has not been convicted of any felony in any
| ||||||
2 | jurisdiction or at least 10 years have elapsed since the | ||||||
3 | time
of full discharge from a sentence imposed for a felony
| ||||||
4 | conviction.
| ||||||
5 | (3) Is of good moral character. Good character is
a | ||||||
6 | continuing requirement of licensure. Conviction of crimes
| ||||||
7 | other than felonies may be used in determining moral
| ||||||
8 | character, but shall not constitute an absolute bar to
| ||||||
9 | licensure , except where the applicant is a registered sex | ||||||
10 | offender .
| ||||||
11 | (4) Has not been declared by any court of competent
| ||||||
12 | jurisdiction to be incompetent by reason of mental or | ||||||
13 | physical
defect or disease, unless a court has subsequently | ||||||
14 | declared
him or her to be competent.
| ||||||
15 | (5) Is not suffering from dependence on alcohol or
from | ||||||
16 | narcotic addiction or dependence.
| ||||||
17 | (6) Has a minimum of 3 years experience of the 5
years | ||||||
18 | immediately preceding application working full-time for
a | ||||||
19 | licensed private detective agency as a registered private
| ||||||
20 | detective agency employee or with 3 years experience of the | ||||||
21 | 5
years immediately preceding his or her application | ||||||
22 | employed as
a full-time investigator for a licensed | ||||||
23 | attorney , for an in-house investigative unit for a | ||||||
24 | corporation having 100 or more employees, for any of the | ||||||
25 | armed forces of the United States, or in a law
enforcement | ||||||
26 | agency of the a federal government, a state, or a state |
| |||||||
| |||||||
1 | political
subdivision, which shall include a state's | ||||||
2 | attorney's office
or a public defender's office. The Board | ||||||
3 | and the Department
shall approve such full-time | ||||||
4 | investigator experience and may accept, in lieu of the | ||||||
5 | experience requirement in this item (6), alternative | ||||||
6 | experience working full-time for a private detective | ||||||
7 | agency licensed in another state or for a private detective | ||||||
8 | agency in a state that does not license such agencies if | ||||||
9 | the experience is substantially equivalent to that gained | ||||||
10 | working for an Illinois licensed private detective agency . | ||||||
11 | An
applicant who has a baccalaureate degree, or higher, in | ||||||
12 | law
enforcement or a related field or a business degree | ||||||
13 | from an
accredited college or university shall be given | ||||||
14 | credit for 2
of the 3 years of the required experience. An | ||||||
15 | applicant who
has an associate degree in law enforcement or | ||||||
16 | in a related
field or in business from an accredited | ||||||
17 | college or university
shall be given credit for one of the | ||||||
18 | 3 years of the required
experience. An applicant who has | ||||||
19 | completed a non-degree
military training program in law | ||||||
20 | enforcement or a
related field shall be given credit for | ||||||
21 | one of the 3 years
of the required experience if the Board | ||||||
22 | and the Department
determine that such training is | ||||||
23 | substantially equivalent
to that received in an associate | ||||||
24 | degree program.
| ||||||
25 | (7) Has not been dishonorably discharged from the
armed | ||||||
26 | forces of the United States or has not been discharged
from |
| |||||||
| |||||||
1 | a law enforcement agency of the United States or of any
| ||||||
2 | state or of any political subdivision thereof, which shall
| ||||||
3 | include a state's attorney's office, for reasons relating | ||||||
4 | to his
or her conduct as an employee of that law | ||||||
5 | enforcement agency.
| ||||||
6 | (8) Has passed an examination authorized by the
| ||||||
7 | Department.
| ||||||
8 | (9) Submits his or her fingerprints, proof of having
| ||||||
9 | general liability insurance required under subsection (b), | ||||||
10 | and
the required license fee.
| ||||||
11 | (10) Has not violated Section 10-5 of this Act.
| ||||||
12 | (b) It is the responsibility of the applicant to obtain
| ||||||
13 | general liability insurance in an amount and coverage
| ||||||
14 | appropriate for the applicant's circumstances as determined by
| ||||||
15 | rule. The applicant shall provide evidence of insurance to
the | ||||||
16 | Department before being issued a license. Failure to
maintain | ||||||
17 | general liability insurance and to provide the
Department with | ||||||
18 | written proof of the insurance shall result in
cancellation of | ||||||
19 | the license without hearing .
| ||||||
20 | (c) Any person who has been providing canine odor detection | ||||||
21 | services for hire prior to January 1, 2005 is exempt from the | ||||||
22 | requirements of item (6) of subsection (a) of this Section and | ||||||
23 | may be granted a private detective license if (i) he or she | ||||||
24 | meets the requirements of items (1) through (5) and items (7) | ||||||
25 | through (10) of subsection (a) of this Section, (ii) pays all | ||||||
26 | applicable fees, and (iii) presents satisfactory evidence to |
| |||||||
| |||||||
1 | the Department of the provision of canine odor detection | ||||||
2 | services for hire since January 1, 2005.
| ||||||
3 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
4 | (225 ILCS 447/15-15)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
6 | Sec. 15-15. Qualifications for licensure as a private
| ||||||
7 | detective agency. | ||||||
8 | (a) Upon receipt of the required fee and proof that the
| ||||||
9 | applicant has a full-time Illinois licensed private detective | ||||||
10 | licensee-in-charge detective-in-charge , which
is a continuing | ||||||
11 | requirement for agency
licensure, the Department shall issue a
| ||||||
12 | license as a private detective agency to any of the following:
| ||||||
13 | (1) An individual who submits an application and is
a | ||||||
14 | licensed private detective under this Act.
| ||||||
15 | (2) A firm that submits an application and all of
the | ||||||
16 | members of the firm are licensed private detectives under
| ||||||
17 | this Act.
| ||||||
18 | (3) A corporation or limited liability company
doing | ||||||
19 | business in Illinois that is authorized to engage in the | ||||||
20 | business of
conducting a private detective agency, | ||||||
21 | provided at least one
full-time executive employee is | ||||||
22 | licensed as a private
detective under this Act and all | ||||||
23 | unlicensed
officers and directors of the corporation or | ||||||
24 | limited liability
company are determined by the Department | ||||||
25 | to be persons of good
moral character.
|
| |||||||
| |||||||
1 | (b) No private detective may be the licensee-in-charge
for | ||||||
2 | more than one private detective agency. Upon written
request by | ||||||
3 | a representative of an agency, within 10 days after
the loss of | ||||||
4 | a licensee-in-charge of an agency because of the
death of that | ||||||
5 | individual or because of the termination of the
employment of | ||||||
6 | that individual, the Department shall issue a
temporary | ||||||
7 | certificate of authority allowing the continuing
operation of | ||||||
8 | the licensed agency. No temporary certificate of
authority | ||||||
9 | shall be valid for more than 90 days. An extension
of an | ||||||
10 | additional 90 days may be granted upon written request
by the | ||||||
11 | representative of the agency. Not more than 2
extensions may be | ||||||
12 | granted to any agency. No temporary permit
shall be issued for | ||||||
13 | a loss of the licensee-in-charge because
of disciplinary action | ||||||
14 | by the Department related to
his or her conduct on behalf of | ||||||
15 | the agency.
| ||||||
16 | (c) Upon issuance of the temporary certificate of authority | ||||||
17 | as provided for in subsection (b) of this Section, and at any | ||||||
18 | time thereafter while the temporary certificate of authority is | ||||||
19 | in effect, the Department may request in writing additional | ||||||
20 | information from the agency regarding the loss of its | ||||||
21 | licensee-in-charge, the selection of a new licensee-in-charge, | ||||||
22 | and the management of the agency. Failure of the
agency to | ||||||
23 | respond or respond to the satisfaction of the
Department shall | ||||||
24 | cause the Department to deny any extension
of the temporary | ||||||
25 | certificate of authority. While the
temporary certificate of | ||||||
26 | authority is in effect, the
Department may disapprove the |
| |||||||
| |||||||
1 | selection of a new licensee-in-charge
by the agency if the | ||||||
2 | person's license is not operative
or the Department has good | ||||||
3 | cause to believe that the person
selected will not fully | ||||||
4 | exercise the responsibilities of a
licensee-in-charge. If the | ||||||
5 | Department has disapproved the
selection of a new | ||||||
6 | licensee-in-charge and the temporary
certificate of authority | ||||||
7 | expires or is about to expire
without the agency selecting | ||||||
8 | another new licensee-in-charge,
the Department shall grant an | ||||||
9 | extension of the temporary
certificate of authority for an | ||||||
10 | additional 90 days, except as
otherwise prohibited in | ||||||
11 | subsection (b) or this subsection (c). | ||||||
12 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
13 | (225 ILCS 447/20-10)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 20-10. Qualifications for licensure as a private
alarm | ||||||
16 | contractor. | ||||||
17 | (a) A person is qualified for licensure as a private
alarm | ||||||
18 | contractor if he or she meets all of the following
| ||||||
19 | requirements:
| ||||||
20 | (1) Is at least 21 years of age.
| ||||||
21 | (2) Has not been convicted of any felony in any
| ||||||
22 | jurisdiction or at least 10 years have elapsed since the | ||||||
23 | time
of full discharge from a sentence imposed for a felony
| ||||||
24 | conviction.
| ||||||
25 | (3) Is of good moral character. Good moral
character is |
| |||||||
| |||||||
1 | a continuing requirement of licensure.
Conviction of | ||||||
2 | crimes other than felonies may be used in
determining moral | ||||||
3 | character, but shall not constitute an
absolute bar to | ||||||
4 | licensure , except where the applicant is a registered sex | ||||||
5 | offender .
| ||||||
6 | (4) Has not been declared by any court of competent
| ||||||
7 | jurisdiction to be incompetent by reason of mental or | ||||||
8 | physical
defect or disease, unless a court has subsequently | ||||||
9 | declared
him or her to be competent.
| ||||||
10 | (5) Is not suffering from dependence on alcohol or
from | ||||||
11 | narcotic addiction or dependence.
| ||||||
12 | (6) Has a minimum of 3 years experience during the 5
| ||||||
13 | years immediately preceding the application (i) working as | ||||||
14 | a full-time
manager for a licensed private alarm contractor | ||||||
15 | agency or (ii) working for
a government , one of the armed | ||||||
16 | forces of the United States, or private entity that | ||||||
17 | inspects, reviews, designs, sells, installs, operates, | ||||||
18 | services, or monitors
alarm systems that, in the judgment | ||||||
19 | of the Board, satisfies
the standards of alarm industry | ||||||
20 | competence. The Board and the Department may
accept, in | ||||||
21 | lieu of the experience requirement in this
item (6), | ||||||
22 | alternative experience working as a full-time
manager for a | ||||||
23 | private alarm contractor agency licensed in
another state | ||||||
24 | or for a private alarm contractor agency in
a state that | ||||||
25 | does not license such agencies, if the
experience is | ||||||
26 | substantially equivalent to that
gained working for an |
| |||||||
| |||||||
1 | Illinois licensed private alarm
contractor agency. An | ||||||
2 | applicant who
has received a 4-year degree or higher in | ||||||
3 | electrical
engineering or a related field from a program | ||||||
4 | approved by the
Board shall be given credit for 2 years of | ||||||
5 | the required
experience. An applicant who has successfully | ||||||
6 | completed a
national certification program approved by the | ||||||
7 | Board shall be
given credit for one year of the required | ||||||
8 | experience.
| ||||||
9 | (7) Has not been dishonorably discharged from the
armed | ||||||
10 | forces of the United States.
| ||||||
11 | (8) Has passed an examination authorized by the
| ||||||
12 | Department.
| ||||||
13 | (9) Submits his or her fingerprints, proof of
having | ||||||
14 | general liability insurance required under subsection
(c), | ||||||
15 | and the required license fee.
| ||||||
16 | (10) Has not violated Section 10-5 of this Act.
| ||||||
17 | (b) (Blank).
| ||||||
18 | (c) 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 by
| ||||||
21 | rule. The applicant shall provide evidence of insurance to
the | ||||||
22 | Department before being issued a license. Failure to
maintain | ||||||
23 | general liability insurance and to provide the
Department with | ||||||
24 | written proof of the insurance shall result in
cancellation of | ||||||
25 | the license without hearing .
| ||||||
26 | (Source: P.A. 95-613, eff. 9-11-07; 96-847, eff. 6-1-10 .)
|
| |||||||
| |||||||
1 | (225 ILCS 447/20-15)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
3 | Sec. 20-15. Qualifications for licensure as a private
alarm | ||||||
4 | contractor agency. | ||||||
5 | (a) Upon receipt of the required fee and proof that the
| ||||||
6 | applicant has a full-time Illinois licensed private alarm
| ||||||
7 | contractor licensee-in-charge contractor-in-charge , which is a | ||||||
8 | continuing requirement for
agency licensure, the Department | ||||||
9 | shall issue
a license as a private alarm contractor agency to
| ||||||
10 | any of the following:
| ||||||
11 | (1) An individual who submits an application and is
a | ||||||
12 | licensed private alarm contractor under this Act.
| ||||||
13 | (2) A firm that submits an application and all of
the | ||||||
14 | members of the firm are licensed private alarm
contractors | ||||||
15 | under this Act.
| ||||||
16 | (3) A corporation or limited liability company
doing | ||||||
17 | business in Illinois that is authorized by its articles
of | ||||||
18 | incorporation or organization to engage in the business of
| ||||||
19 | conducting a private alarm contractor agency if at least | ||||||
20 | one
executive employee is licensed as a private alarm | ||||||
21 | contractor
under this Act and all unlicensed officers and | ||||||
22 | directors of
the corporation or limited liability company | ||||||
23 | are determined by
the Department to be persons of good | ||||||
24 | moral character.
| ||||||
25 | (b) No private alarm contractor may be the |
| |||||||
| |||||||
1 | licensee-in-charge private alarm
contractor-in-charge for more | ||||||
2 | than one private alarm
contractor agency. Upon written request | ||||||
3 | by a representative
of an agency, within 10 days after the loss | ||||||
4 | of a licensee-in-charge licensed
private alarm | ||||||
5 | contractor-in-charge of an agency because of the
death of that | ||||||
6 | individual or because of the termination of the
employment of | ||||||
7 | that individual, the Department shall issue a
temporary | ||||||
8 | certificate of authority allowing the continuing
operation of | ||||||
9 | the licensed agency. No temporary certificate of
authority | ||||||
10 | shall be valid for more than 90 days. An extension
of an | ||||||
11 | additional 90 days may be granted upon written request
by the | ||||||
12 | representative of the agency. Not more than 2
extensions may be | ||||||
13 | granted to any agency. No temporary permit
shall be issued for | ||||||
14 | loss of the licensee-in-charge because of
disciplinary action | ||||||
15 | by the Department related to
his or her conduct on behalf of | ||||||
16 | the agency.
| ||||||
17 | (c) No private alarm contractor, private alarm
contractor | ||||||
18 | agency, or person may install or connect an alarm
system or | ||||||
19 | fire alarm system that connects automatically and
directly to a | ||||||
20 | governmentally operated police or fire dispatch
system in a | ||||||
21 | manner that violates subsection (a) of Section
15.2 of the | ||||||
22 | Emergency Telephone System Act. In addition to
the penalties | ||||||
23 | provided by the Emergency Telephone System Act,
a private alarm | ||||||
24 | contractor agency that violates this Section
shall pay the | ||||||
25 | Department an additional penalty of $250 per
occurrence.
| ||||||
26 | (d) Upon issuance of the temporary certificate of
authority |
| |||||||
| |||||||
1 | as provided for in subsection (b) of this Section
and at any | ||||||
2 | time thereafter while the temporary certificate of
authority is | ||||||
3 | in effect, the Department may request in writing
additional | ||||||
4 | information from the agency regarding the loss of
its | ||||||
5 | licensee-in-charge, the selection of a new licensee-in-charge,
| ||||||
6 | and the management of the agency. Failure of the
agency to | ||||||
7 | respond or respond to the satisfaction of the
Department shall | ||||||
8 | cause the Department to deny any extension of
the temporary | ||||||
9 | certificate of authority. While the temporary
certificate of | ||||||
10 | authority is in effect, the Department may
disapprove the | ||||||
11 | selection of a new licensee-in-charge by the
agency if the | ||||||
12 | person's license is not operative or the
Department has good | ||||||
13 | cause to believe that the person selected
will not fully | ||||||
14 | exercise the responsibilities of a licensee-in-charge.
If the | ||||||
15 | Department has disapproved the selection of another
new | ||||||
16 | licensee-in-charge and the temporary certificate of
authority | ||||||
17 | expires or is about to expire without the agency
selecting a | ||||||
18 | new licensee-in-charge, the Department shall
grant an | ||||||
19 | extension of the temporary certificate of authority
for an | ||||||
20 | additional 90 days, except as otherwise prohibited in
| ||||||
21 | subsection (b) or this subsection (d). | ||||||
22 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
23 | (225 ILCS 447/25-10)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
25 | Sec. 25-10. Qualifications for licensure as a private
|
| |||||||
| |||||||
1 | security contractor. | ||||||
2 | (a) A person is qualified for licensure as a private
| ||||||
3 | security contractor if he or she meets all of the following
| ||||||
4 | requirements:
| ||||||
5 | (1) Is at least 21 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 felony
| ||||||
9 | conviction.
| ||||||
10 | (3) Is of good moral character. Good character is
a | ||||||
11 | continuing requirement of licensure. Conviction of crimes
| ||||||
12 | other than felonies may be used in determining moral
| ||||||
13 | character, but shall not constitute an absolute bar to
| ||||||
14 | licensure , except where the applicant is a registered sex
| ||||||
15 | offender .
| ||||||
16 | (4) Has not been declared by any court of competent
| ||||||
17 | jurisdiction to be incompetent by reason of mental or | ||||||
18 | physical
defect or disease, unless a court has subsequently | ||||||
19 | declared
him or her to be competent.
| ||||||
20 | (5) Is not suffering from dependence on alcohol or
from | ||||||
21 | narcotic addiction or dependence.
| ||||||
22 | (6) Has a minimum of 3 years experience of the 5
years | ||||||
23 | immediately preceding application working as a full-time
| ||||||
24 | manager for a licensed private security contractor agency | ||||||
25 | or a
manager of a proprietary security force of 30 or more | ||||||
26 | persons
registered with the Department or with 3 years |
| |||||||
| |||||||
1 | experience of
the 5 years immediately preceding his or her | ||||||
2 | application
employed as a full-time supervisor for
an | ||||||
3 | in-house security unit for a corporation having l00 or
more | ||||||
4 | employees, for a military police or related security
unit | ||||||
5 | in any of the armed forces of the United States, or in a | ||||||
6 | law enforcement agency
of the a federal government, a | ||||||
7 | state, or a state political subdivision, which shall
| ||||||
8 | include a state's attorney's office or public defender's
| ||||||
9 | office. The Board and the Department shall approve such | ||||||
10 | full-time supervisory
experience and may accept, in lieu
of | ||||||
11 | the experience requirement in this subsection,
alternative | ||||||
12 | experience working as a full-time manager for
a private | ||||||
13 | security contractor agency licensed in another
state or for | ||||||
14 | a private security contractor agency in a
state that does | ||||||
15 | not license such agencies if the
experience is | ||||||
16 | substantially equivalent to that
gained working for an | ||||||
17 | Illinois licensed private security
contractor agency . An | ||||||
18 | applicant who has a
baccalaureate degree or higher in | ||||||
19 | police science or a related
field or a business degree from | ||||||
20 | an accredited college or
university shall be given credit | ||||||
21 | for 2 of the 3 years of the
required experience. An | ||||||
22 | applicant who has completed a non-degree military training | ||||||
23 | program in police science or a related field shall be given | ||||||
24 | credit for one of the 3 years of the required experience if | ||||||
25 | the Board and the Department determine that such training | ||||||
26 | is substantially equivalent to that received in an |
| |||||||
| |||||||
1 | associate degree program. An applicant who has an associate | ||||||
2 | degree
in police science or in a related field or in | ||||||
3 | business from an
accredited college or university shall be | ||||||
4 | given credit for one
of the 3 years of the required | ||||||
5 | experience.
| ||||||
6 | (7) Has not been dishonorably discharged from the
armed | ||||||
7 | forces of the United States.
| ||||||
8 | (8) Has passed an examination authorized by the
| ||||||
9 | Department.
| ||||||
10 | (9) Submits his or her fingerprints, proof of having
| ||||||
11 | general liability insurance required under subsection (b), | ||||||
12 | and
the required license fee.
| ||||||
13 | (10) Has not violated Section 10-5 of this Act.
| ||||||
14 | (b) It is the responsibility of the applicant to obtain
| ||||||
15 | general liability insurance in an amount and coverage
| ||||||
16 | appropriate for the applicant's circumstances as determined by
| ||||||
17 | rule. The applicant shall provide evidence of insurance to
the | ||||||
18 | Department before being issued a license. Failure to
maintain | ||||||
19 | general liability insurance and to provide the
Department with | ||||||
20 | written proof of the insurance shall result in
cancellation of | ||||||
21 | the license without hearing . | ||||||
22 | (c) Any person who has been providing canine odor detection | ||||||
23 | services for hire prior to January 1, 2005 is exempt from the | ||||||
24 | requirements of item (6) of subsection (a) of this Section and | ||||||
25 | may be granted a private security contractor license if (i) he | ||||||
26 | or she meets the requirements of items (1) through (5) and |
| |||||||
| |||||||
1 | items (7) through (10) of subsections (a) of this Section, (ii) | ||||||
2 | pays all applicable fees, and (iii) presents satisfactory | ||||||
3 | evidence to the Department of the provision of canine odor | ||||||
4 | detection services for hire since January 1, 2005.
| ||||||
5 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
6 | (225 ILCS 447/25-15)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
8 | Sec. 25-15. Qualifications for licensure as a private
| ||||||
9 | security contractor agency. | ||||||
10 | (a) Upon receipt of the required fee and proof that the
| ||||||
11 | applicant has a full-time Illinois licensed private security
| ||||||
12 | licensee-in-charge contractor-in-charge , which is a continuing | ||||||
13 | requirement for
agency licensure, the Department shall issue
a | ||||||
14 | license as a private security contractor agency
to any of the | ||||||
15 | following:
| ||||||
16 | (1) An individual who submits an application and is
a | ||||||
17 | licensed private security contractor under this Act.
| ||||||
18 | (2) A firm that submits an application and all of
the | ||||||
19 | members of the firm are licensed private security
| ||||||
20 | contractors under this Act.
| ||||||
21 | (3) A corporation or limited liability company
doing | ||||||
22 | business in Illinois that is authorized to engage in the | ||||||
23 | business of
conducting a private security contractor | ||||||
24 | agency if at least
one officer or executive employee is | ||||||
25 | licensed as a private
security contractor under this Act |
| |||||||
| |||||||
1 | and all unlicensed
officers and directors of the | ||||||
2 | corporation or limited liability
company are determined by | ||||||
3 | the Department to be persons of good
moral character.
| ||||||
4 | (b) No private security contractor may be the private
| ||||||
5 | security contractor licensee-in-charge for more than one
| ||||||
6 | private security contractor agency. Upon written request by a
| ||||||
7 | representative of the agency, within 10 days after the loss of
| ||||||
8 | a private security contractor licensee-in-charge of an agency
| ||||||
9 | because of the death of that individual or because of the
| ||||||
10 | termination of the employment of that individual, the
| ||||||
11 | Department shall issue a temporary certificate of authority
| ||||||
12 | allowing the continuing operation of the licensed agency. No
| ||||||
13 | temporary certificate of authority shall be valid for more
than | ||||||
14 | 90 days. An extension of an additional 90 days may be
granted | ||||||
15 | upon written request by the representative of the
agency. Not | ||||||
16 | more than 2 extensions may be granted to any
agency. No | ||||||
17 | temporary permit shall be issued for loss of the
| ||||||
18 | licensee-in-charge because of disciplinary action by the
| ||||||
19 | Department related to his or her conduct on behalf of the
| ||||||
20 | agency.
| ||||||
21 | (c) Upon issuance of the temporary certificate of authority | ||||||
22 | as provided for in subsection (b) of this Section and at any | ||||||
23 | time thereafter while the temporary certificate of authority is | ||||||
24 | in effect, the Department may request in writing additional | ||||||
25 | information from the agency regarding the loss of its | ||||||
26 | licensee-in-charge, the selection of a new licensee-in-charge, |
| |||||||
| |||||||
1 | and the management of the agency. Failure of the agency to | ||||||
2 | respond or respond to the satisfaction of the
Department shall | ||||||
3 | cause the Department to deny any extension
of the temporary | ||||||
4 | certificate of authority. While the
temporary certificate of | ||||||
5 | authority is in effect, the
Department may disapprove the | ||||||
6 | selection of a new licensee-in-charge
by the agency if the | ||||||
7 | person's license is not operative
or the Department has good | ||||||
8 | cause to believe that the person
selected will not fully | ||||||
9 | exercise the responsibilities of a
licensee-in-charge. If the | ||||||
10 | Department has disapproved the
selection of a new | ||||||
11 | licensee-in-charge and the temporary
certificate of authority | ||||||
12 | expires or is about to expire
without the agency selecting | ||||||
13 | another new licensee-in-charge,
the Department shall grant an | ||||||
14 | extension of the temporary
certificate of authority for an | ||||||
15 | additional 90 days, except as
otherwise prohibited in | ||||||
16 | subsection (b) or this subsection (c). | ||||||
17 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
18 | (225 ILCS 447/25-20)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
20 | Sec. 25-20. Training; private security contractor and
| ||||||
21 | employees. | ||||||
22 | (a) Registered employees of the private security
| ||||||
23 | contractor agency who provide traditional guarding or other
| ||||||
24 | private security related functions or who respond to alarm
| ||||||
25 | systems shall complete, within 30 days of their employment, a
|
| |||||||
| |||||||
1 | minimum of 20 hours of classroom basic training provided by a
| ||||||
2 | qualified instructor, which shall include the following
| ||||||
3 | subjects:
| ||||||
4 | (1) The law regarding arrest and search and seizure
as | ||||||
5 | it applies to private security.
| ||||||
6 | (2) Civil and criminal liability for acts related
to | ||||||
7 | private security.
| ||||||
8 | (3) The use of force, including but not limited to
the | ||||||
9 | use of nonlethal force (i.e., disabling spray, baton,
| ||||||
10 | stungun or similar weapon).
| ||||||
11 | (4) Arrest and control techniques.
| ||||||
12 | (5) The offenses under the Criminal Code of 1961
that | ||||||
13 | are directly related to the protection of persons and
| ||||||
14 | property.
| ||||||
15 | (6) The law on private security forces and on
reporting | ||||||
16 | to law enforcement agencies.
| ||||||
17 | (7) Fire prevention, fire equipment, and fire
safety.
| ||||||
18 | (8) The procedures for service of process and for
| ||||||
19 | report writing.
| ||||||
20 | (9) Civil rights and public relations.
| ||||||
21 | (10) The identification of terrorists, acts of | ||||||
22 | terrorism, and terrorist organizations, as defined by | ||||||
23 | federal and State statutes.
| ||||||
24 | (b) All other employees of a private security contractor
| ||||||
25 | agency shall complete a minimum of 20 hours of training
| ||||||
26 | provided by the qualified instructor within 30 days of their
|
| |||||||
| |||||||
1 | employment. The substance of the training shall be related to
| ||||||
2 | the work performed by the registered employee.
| ||||||
3 | (c) Registered employees of the private security | ||||||
4 | contractor agency who
provide
guarding or other private | ||||||
5 | security related functions, in addition to the
classroom | ||||||
6 | training
required under subsection (a), within 6 months of | ||||||
7 | their employment,
shall complete
an additional 8 hours of | ||||||
8 | training on subjects to be determined by the
employer, which
| ||||||
9 | training may be site-specific and may be conducted on the job.
| ||||||
10 | (d) In addition to the basic training provided for in | ||||||
11 | subsections (a) and
(c),
registered employees of the private | ||||||
12 | security contractor agency who provide
guarding or other
| ||||||
13 | private security related functions
shall complete an
| ||||||
14 | additional
8 hours of refresher training on subjects to be | ||||||
15 | determined by the
employer
each calendar year commencing with | ||||||
16 | the
calendar year
following the employee's first employment | ||||||
17 | anniversary date,
which
refresher training may be | ||||||
18 | site-specific and may be conducted on the job.
| ||||||
19 | (e) It is the responsibility of the employer to certify,
on | ||||||
20 | a form provided by the Department, that the employee has
| ||||||
21 | successfully completed the basic and refresher training. The
| ||||||
22 | form shall be a permanent record of training completed by the
| ||||||
23 | employee and shall be placed in the employee's file with the
| ||||||
24 | employer for the period the employee remains with the
employer. | ||||||
25 | An agency may place a notarized copy of the
Department form in | ||||||
26 | lieu of the original into the permanent
employee registration |
| |||||||
| |||||||
1 | card file. The original form shall be
given to the employee | ||||||
2 | when his or her employment is
terminated. Failure to return the | ||||||
3 | original form to the
employee is grounds for disciplinary | ||||||
4 | action. The employee
shall not be required to repeat the | ||||||
5 | required training once the
employee has been issued the form. | ||||||
6 | An employer may provide or
require additional training.
| ||||||
7 | (f) 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 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
12 | (225 ILCS 447/25-30)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
14 | Sec. 25-30. Uniforms.
| ||||||
15 | (a) No licensee under this Act or any employee of a
| ||||||
16 | licensed agency shall wear or display a badge, shoulder patch
| ||||||
17 | or other identification that contains the words "law" or | ||||||
18 | "enforcement" "law
enforcement" . No license holder or employee | ||||||
19 | of a licensed
agency shall imply in any manner that the person | ||||||
20 | is an
employee or agent of a governmental entity, display a | ||||||
21 | badge or
identification card, emblem, or uniform using the | ||||||
22 | words
"police", "sheriff", "highway patrol", "trooper", "law
| ||||||
23 | enforcement" or any similar term.
| ||||||
24 | (b) All military-style uniforms, if worn by
employees of a | ||||||
25 | licensed private security contractor agency,
must bear the name |
| |||||||
| |||||||
1 | of the private security contractor agency,
which shall be | ||||||
2 | plainly visible on a patch, badge, or other
insignia.
| ||||||
3 | (c) All uniforms, if worn by employees of a licensed | ||||||
4 | private security contractor agency, may only be worn in the | ||||||
5 | performance of their duties or while commuting directly to or | ||||||
6 | from the employee's place or places of employment , provided | ||||||
7 | this is accomplished within one hour from departure from home | ||||||
8 | or place of employment .
| ||||||
9 | (d) Employees shall return any uniform, badge,
| ||||||
10 | identification card, or equipment issued, but not sold, to the
| ||||||
11 | employee by the agency within 72 hours of termination of
| ||||||
12 | employment. | ||||||
13 | (e) Licensees under this Act of any employee of a
licensed | ||||||
14 | agency are prohibited from using the Illinois State
Seal on | ||||||
15 | badges, company logos, identification cards, patches,
or other | ||||||
16 | insignia. | ||||||
17 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
18 | (225 ILCS 447/30-5)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
20 | Sec. 30-5. Exemptions; locksmith. The provisions of this
| ||||||
21 | Act do not apply to any of the following if the person
| ||||||
22 | performing the service does not hold himself or herself out as
| ||||||
23 | a locksmith:
| ||||||
24 | (1) Automobile service dealers who service, install,
| ||||||
25 | repair, or rebuild automobile locks.
|
| |||||||
| |||||||
1 | (2) Police officers, firefighters, or municipal | ||||||
2 | employees
who open a lock in an emergency situation.
| ||||||
3 | (3) A retail merchant selling locks or similar security
| ||||||
4 | accessories, duplicating keys, or installing, programming,
| ||||||
5 | repairing,
maintaining, reprogramming, rebuilding,
or
| ||||||
6 | servicing electronic garage door devices.
| ||||||
7 | (4) A member of the building trades who installs or
| ||||||
8 | removes complete locks or locking devices in the course of
| ||||||
9 | residential or commercial new construction or remodeling.
| ||||||
10 | (5) An employee of a towing service, repossessor, | ||||||
11 | roadside assistance service, or
automobile club opening | ||||||
12 | automotive locks in the normal course
of his or her duties. | ||||||
13 | Additionally, this Act shall not
prohibit an employee of a | ||||||
14 | towing service or roadside assistance service from opening | ||||||
15 | motor
vehicles to enable a vehicle to be moved without | ||||||
16 | towing,
provided the towing service or roadside assistance | ||||||
17 | service does not hold itself out to the
public, by | ||||||
18 | directory advertisement, through a sign at the
facilities | ||||||
19 | of the towing service or roadside assistance service , or by | ||||||
20 | any other form of
advertisement, as a locksmith.
| ||||||
21 | (6) A student in the course of study in locksmith
| ||||||
22 | programs approved by the Department.
| ||||||
23 | (7) Warranty service by a lock manufacturer or its
| ||||||
24 | employees on the manufacturer's own products.
| ||||||
25 | (8) A maintenance employee of a property management
| ||||||
26 | company at a multi-family residential building who |
| |||||||
| |||||||
1 | services,
installs, repairs, or opens locks for tenants.
| ||||||
2 | (9) A person employed exclusively by only one employer
| ||||||
3 | in connection with the exclusive activities of that | ||||||
4 | employer,
providing that person does not hold himself or | ||||||
5 | herself out to
the public as a locksmith.
| ||||||
6 | (10) Persons who have no access to confidential or
| ||||||
7 | security information and who otherwise do not provide
| ||||||
8 | traditional locksmith services, as defined in this Act, are
| ||||||
9 | exempt from employee registration. Examples of exempt
| ||||||
10 | employees include, but are not limited to, employees | ||||||
11 | working
in the capacity of key cutters, cashiers, drivers, | ||||||
12 | and
reception personnel. Confidential or security | ||||||
13 | information is
that which pertains to employee files, | ||||||
14 | scheduling, client
contracts, master key charts, access | ||||||
15 | codes, or technical
security and alarm data.
| ||||||
16 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
17 | (225 ILCS 447/30-10)
| ||||||
18 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
19 | Sec. 30-10. Qualifications for licensure as a locksmith.
| ||||||
20 | (a) A person is qualified for licensure as a locksmith
if | ||||||
21 | he or she meets all of the following requirements:
| ||||||
22 | (1) Is at least 18 years of age.
| ||||||
23 | (2) Has not been convicted of any felony in any
| ||||||
24 | jurisdiction or at least 10 years have elapsed since the | ||||||
25 | time
of full discharge from a sentence imposed for a felony
|
| |||||||
| |||||||
1 | conviction.
| ||||||
2 | (3) Is of good moral character. Good moral
character is | ||||||
3 | a continuing requirement of licensure.
Conviction of | ||||||
4 | crimes other than felonies may be used in
determining moral | ||||||
5 | character, but shall not constitute an
absolute bar to | ||||||
6 | licensure , except where the applicant is a registered sex | ||||||
7 | offender .
| ||||||
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 subsequently | ||||||
11 | declared
him or her to be competent.
| ||||||
12 | (5) Is not suffering from dependence on alcohol or
from | ||||||
13 | narcotic addiction or dependence.
| ||||||
14 | (6) Has not been dishonorably discharged from the
armed | ||||||
15 | forces of the United States.
| ||||||
16 | (7) Has passed an examination authorized by the
| ||||||
17 | Department.
| ||||||
18 | (8) Submits his or her fingerprints,
proof of having | ||||||
19 | general liability insurance required under
subsection (b), | ||||||
20 | and the required license fee.
| ||||||
21 | (9) Has not violated Section 10-5 of this Act.
| ||||||
22 | (b) It is the responsibility of the applicant to obtain
| ||||||
23 | general liability insurance in an amount and coverage
| ||||||
24 | appropriate for the applicant's circumstances as determined by
| ||||||
25 | rule. The applicant shall provide evidence of insurance to
the | ||||||
26 | Department before being issued a license. Failure to
maintain |
| |||||||
| |||||||
1 | general liability insurance and to provide the
Department with | ||||||
2 | written proof of the insurance shall result in
cancellation of | ||||||
3 | the license without hearing . A locksmith employed by a
licensed | ||||||
4 | locksmith agency or employed by a private concern may
provide | ||||||
5 | proof that his or her actions as a locksmith are
covered by the | ||||||
6 | liability insurance of his or her employer.
| ||||||
7 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
8 | (225 ILCS 447/30-15)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
10 | Sec. 30-15. Qualifications for licensure as a locksmith
| ||||||
11 | agency. | ||||||
12 | (a) Upon receipt of the required fee and proof that the
| ||||||
13 | applicant has a full-time is an Illinois licensed locksmith | ||||||
14 | licensee-in-charge who shall assume
responsibility for the | ||||||
15 | operation of the agency and the
directed actions of the | ||||||
16 | agency's employees , which is a
continuing requirement for | ||||||
17 | agency licensure, the Department
shall issue a license as a | ||||||
18 | locksmith
agency to any of the following:
| ||||||
19 | (1) An individual who submits an application and is
a | ||||||
20 | licensed locksmith under this Act.
| ||||||
21 | (2) A firm that submits an application and all of
the | ||||||
22 | members of the firm are licensed locksmiths under this
Act.
| ||||||
23 | (3) A corporation or limited liability company
doing | ||||||
24 | business in Illinois that is authorized to engage in the | ||||||
25 | business of
conducting a locksmith agency if at least one |
| |||||||
| |||||||
1 | officer or
executive employee is a licensed locksmith under | ||||||
2 | this Act and
all unlicensed officers and directors of the | ||||||
3 | corporation or
limited liability company are determined by | ||||||
4 | the Department to
be persons of good moral character.
| ||||||
5 | (b) An individual licensed as a locksmith operating
under a | ||||||
6 | business name other
than the licensed locksmith's own name | ||||||
7 | shall not be required
to obtain a locksmith agency license if | ||||||
8 | that licensed
locksmith does not employ any persons to engage | ||||||
9 | in the
practice of locksmithing and registers under the Assumed | ||||||
10 | Business Name Act.
| ||||||
11 | (c) No locksmith may be the locksmith licensee in-charge | ||||||
12 | for more than one
locksmith agency. Upon written
request by a | ||||||
13 | representative of the agency, within 10 days
after the loss of | ||||||
14 | a licensee-in-charge locksmith-in-charge of an agency because
| ||||||
15 | of the death of that individual or because of the termination
| ||||||
16 | of the employment of that individual, the Department shall
| ||||||
17 | issue a temporary certificate of authority allowing the
| ||||||
18 | continuing operation of the licensed agency. No temporary
| ||||||
19 | certificate of authority shall be valid for more than 90 days.
| ||||||
20 | An extension of an additional 90 days may be granted upon
| ||||||
21 | written request by the representative of the agency. Not more
| ||||||
22 | than 2 extensions may be granted to any agency. No temporary
| ||||||
23 | permit shall be issued for loss of the licensee-in-charge | ||||||
24 | because of
disciplinary action by
the Department related to his | ||||||
25 | or her conduct on behalf of the
agency.
| ||||||
26 | (c-1) Upon issuance of the temporary certificate of |
| |||||||
| |||||||
1 | authority as provided for in subsection (c) of this Section and | ||||||
2 | at any time thereafter while the temporary certificate of | ||||||
3 | authority is in effect, the Department may request in writing | ||||||
4 | additional information from the agency regarding the loss of | ||||||
5 | its licensee-in-charge, the selection of a new | ||||||
6 | licensee-in-charge, and the management of the agency. Failure | ||||||
7 | of the agency to respond to the satisfaction of the Department | ||||||
8 | shall cause the Department to deny any extension of the | ||||||
9 | temporary certificate of authority. While the temporary
| ||||||
10 | certificate of authority is in effect, the Department may
| ||||||
11 | disapprove the selection of a new licensee-in-charge by the
| ||||||
12 | agency if the person's license is not operative or the
| ||||||
13 | Department has good cause to believe that the person selected
| ||||||
14 | will not fully exercise the responsibilities of a | ||||||
15 | licensee-in-charge.
If the Department has disapproved the | ||||||
16 | selection of a
new licensee-in-charge and the temporary | ||||||
17 | certificate of
authority expires or is about to expire without | ||||||
18 | the agency
selecting another new licensee-in-charge, the | ||||||
19 | Department shall grant an extension of the temporary | ||||||
20 | certificate of authority for an additional 90 days, except as | ||||||
21 | otherwise prohibited in subsection (c) or this subsection | ||||||
22 | (c-1). | ||||||
23 | (d) The Department shall require without limitation all of | ||||||
24 | the following information from each applicant for licensure as | ||||||
25 | a locksmith agency under this Act: | ||||||
26 | (1) The name, full business address, and telephone |
| |||||||
| |||||||
1 | number of the locksmith agency. The business address for | ||||||
2 | the locksmith agency shall be a complete street address | ||||||
3 | from which business is actually conducted, shall be located | ||||||
4 | within the State, and may not be a P.O. Box. The applicant | ||||||
5 | shall submit proof that the business location is or will be | ||||||
6 | used to conduct the locksmith agency's business. The | ||||||
7 | Department may approve of an out-of-state business | ||||||
8 | location if it is not over 50 miles in distance from the | ||||||
9 | borders of this State. | ||||||
10 | (2) All trade or business names used by the licensee. | ||||||
11 | (3) The type of ownership or operation, such as a | ||||||
12 | partnership, corporation, or sole proprietorship. | ||||||
13 | (4) The name of the owner or operator of the locksmith | ||||||
14 | agency, including: | ||||||
15 | (A) if a person, then the name and address of | ||||||
16 | record of the person; | ||||||
17 | (B) if a partnership, then the name and address of | ||||||
18 | record of each partner and the name of the partnership; | ||||||
19 | (C) if a corporation, then the name, address of | ||||||
20 | record, and title of each corporate officer and | ||||||
21 | director, the corporate names, and the name of the | ||||||
22 | state of incorporation; and | ||||||
23 | (D) if a sole proprietorship, then the full name | ||||||
24 | and address of record of the sole proprietor and the | ||||||
25 | name of the business entity. | ||||||
26 | (5) The name and license number of the |
| |||||||
| |||||||
1 | licensee-in-charge for the locksmith agency. | ||||||
2 | (6) Any additional information required by the | ||||||
3 | Department by rule. | ||||||
4 | (e) A licensed locksmith agency may operate under a "doing | ||||||
5 | business as" or assumed name certification without having to | ||||||
6 | obtain a separate locksmith agency license if the "doing | ||||||
7 | business as" or assumed name is first registered with the | ||||||
8 | Department. A licensed locksmith agency may register no more | ||||||
9 | than one assumed name. | ||||||
10 | (Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)
| ||||||
11 | (225 ILCS 447/30-30) | ||||||
12 | (Section scheduled to be repealed on January 1, 2014) | ||||||
13 | Sec. 30-30. Consumer protection; required information for | ||||||
14 | consumers. | ||||||
15 | (a) A licensee providing any locksmith services shall | ||||||
16 | document on a work order, invoice, or receipt the name, | ||||||
17 | address, and telephone number of the person requesting the work | ||||||
18 | to be done. | ||||||
19 | (b) The locksmith who performs the services shall include | ||||||
20 | on the work order, invoice, or receipt his or her name and | ||||||
21 | license number. | ||||||
22 | (c) If the locksmith who performs the services is employed | ||||||
23 | by a locksmith agency, then the name, address, and license | ||||||
24 | number of the locksmith agency and the name and license or | ||||||
25 | registration number of the locksmith who performed the services |
| |||||||
| |||||||
1 | shall be included on the work order, invoice, or receipt. | ||||||
2 | (d) A copy of the work order, invoice, or receipt shall be | ||||||
3 | provided to the customer at the time of service and the | ||||||
4 | original copy of the work order, invoice, or receipt shall be | ||||||
5 | kept by the licensed locksmith or locksmith agency for a period | ||||||
6 | of 2 years. | ||||||
7 | (e) The name, address, and license number of the locksmith | ||||||
8 | or locksmith agency, if applicable, shall be pre-printed on the | ||||||
9 | work order, invoice, or receipt required under this Section. | ||||||
10 | (f) A locksmith may be disciplined by the Department | ||||||
11 | pursuant to this Act for gross or , willful , and continued | ||||||
12 | overcharging for professional locksmith services, including | ||||||
13 | filing false statements for the collection of fees for services | ||||||
14 | not rendered.
| ||||||
15 | (Source: P.A. 96-1445, eff. 8-20-10.) | ||||||
16 | (225 ILCS 447/31-15) | ||||||
17 | (Section scheduled to be repealed on January 1, 2014) | ||||||
18 | Sec. 31-15. Qualifications for licensure as a fingerprint | ||||||
19 | vendor agency.
| ||||||
20 | (a) Upon receipt of the required fee and proof that the | ||||||
21 | applicant has a full-time is an Illinois licensed fingerprint | ||||||
22 | vendor licensee-in-charge who shall assume responsibility for | ||||||
23 | the operation of the agency and the directed actions of the | ||||||
24 | agency's employees , which is a continuing requirement for | ||||||
25 | agency licensure, the Department may issue a license as a |
| |||||||
| |||||||
1 | fingerprint vendor agency to any of the following: | ||||||
2 | (1) An individual who submits an application and is a | ||||||
3 | licensed fingerprint vendor under this Act. | ||||||
4 | (2) A firm that submits an application and all of the | ||||||
5 | members of the firm are licensed fingerprint vendors under | ||||||
6 | this Act. | ||||||
7 | (3) A corporation or limited liability company doing | ||||||
8 | business in Illinois that is authorized to engage in the | ||||||
9 | business of conducting a fingerprint vendor agency if at | ||||||
10 | least one officer or executive employee is a licensed | ||||||
11 | fingerprint vendor under this Act and all unlicensed | ||||||
12 | officers and directors of the corporation or limited | ||||||
13 | liability company are determined by the Department to be | ||||||
14 | persons of good moral character. | ||||||
15 | (b) An individual licensed as a fingerprint vendor | ||||||
16 | operating under a business name other than the licensed | ||||||
17 | fingerprint vendor's own name shall not be required to obtain a | ||||||
18 | fingerprint vendor agency license if that licensed fingerprint | ||||||
19 | vendor does not employ any persons to provide fingerprinting | ||||||
20 | services. | ||||||
21 | (c) No fingerprint vendor may be the fingerprint vendor | ||||||
22 | licensee-in-charge for more than one fingerprint vendor | ||||||
23 | agency. Upon written request by a representative of the agency, | ||||||
24 | within 10 days after the loss of a fingerprint vendor | ||||||
25 | licensee-in-charge of an agency because of the death of that | ||||||
26 | individual or because of the termination of the employment of |
| |||||||
| |||||||
1 | that individual, the Department shall issue a temporary | ||||||
2 | certificate of authority allowing the continuing operation of | ||||||
3 | the licensed agency. No temporary certificate of authority | ||||||
4 | shall be valid for more than 90 days. An extension of an | ||||||
5 | additional 90 days may be granted upon written request by the | ||||||
6 | representative of the agency. Not more than 2 extensions one | ||||||
7 | extension may be granted to any agency. No temporary permit | ||||||
8 | shall be issued for loss of the licensee-in-charge because of | ||||||
9 | disciplinary action by the Department related to his or her | ||||||
10 | conduct on behalf of the agency.
| ||||||
11 | (d) Upon issuance of the temporary certificate of authority
| ||||||
12 | as provided for in subsection (c) of this Section and at any
| ||||||
13 | time thereafter while the temporary certificate of authority
is | ||||||
14 | in effect, the Department may request in writing additional
| ||||||
15 | information from the agency regarding the loss of its
| ||||||
16 | licensee-in-charge, the selection of a new licensee-in-charge,
| ||||||
17 | and the management of the agency. Failure of the agency to
| ||||||
18 | respond or respond to the satisfaction of the Department shall
| ||||||
19 | cause the Department to deny any extension of the temporary
| ||||||
20 | certificate of authority. While the temporary certificate of
| ||||||
21 | authority is in effect, the Department may disapprove the
| ||||||
22 | selection of a new licensee-in-charge by the agency if the
| ||||||
23 | person's license is not operative or the Department has good
| ||||||
24 | cause to believe that the person selected will not fully
| ||||||
25 | exercise the responsibilities of a licensee-in-charge. If the
| ||||||
26 | Department has disapproved the selection of a new |
| |||||||
| |||||||
1 | licensee-in-charge
and the temporary certificate of authority | ||||||
2 | expires or
is about to expire without the agency selecting | ||||||
3 | another new
licensee-in-charge, the Department shall grant an | ||||||
4 | extension of
the temporary certificate of authority for an | ||||||
5 | additional 90
days, except as otherwise prohibited in | ||||||
6 | subsection (c) or this
subsection (d). | ||||||
7 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
8 | (225 ILCS 447/35-10)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
10 | Sec. 35-10. Inspection of facilities. Each licensee shall
| ||||||
11 | permit his or her office facilities, canine training | ||||||
12 | facilities, and registered employee
files to be audited or | ||||||
13 | inspected at reasonable times and in a
reasonable manner upon | ||||||
14 | at least 24 hours notice by the Department.
| ||||||
15 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
16 | (225 ILCS 447/35-20)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
18 | Sec. 35-20. Renewal provisions. (a) As a condition of | ||||||
19 | renewal of a license, each
licensee shall report to the | ||||||
20 | Department information pertaining
to the licensee's business | ||||||
21 | location, status as active or
inactive, proof of continued | ||||||
22 | general liability insurance
coverage, and any other data as | ||||||
23 | determined by rule to be
reasonably related to the | ||||||
24 | administration of this Act.
Licensees shall report this |
| |||||||
| |||||||
1 | information as a condition of
renewal, except that a change in | ||||||
2 | home or office address or a
change of the licensee-in-charge | ||||||
3 | shall be reported within 10
days of when it occurs.
| ||||||
4 | (b) Upon renewal, every licensee shall report to the
| ||||||
5 | Department every instance during the licensure period in which
| ||||||
6 | the quality of his or her professional services in the State
of | ||||||
7 | Illinois was the subject of legal action that resulted in a
| ||||||
8 | settlement or a verdict in excess of $10,000.
| ||||||
9 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
10 | (225 ILCS 447/35-30)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
12 | Sec. 35-30. Employee requirements. All employees of a
| ||||||
13 | licensed agency, other than those exempted, shall apply for a
| ||||||
14 | permanent employee registration card. The holder of an agency
| ||||||
15 | license issued under this Act, known in this Section as
| ||||||
16 | "employer", may employ in the conduct of his or her business
| ||||||
17 | employees under the following provisions:
| ||||||
18 | (a) No person shall be issued a permanent employee
| ||||||
19 | registration card who:
| ||||||
20 | (1) Is younger than 18 years of age.
| ||||||
21 | (2) Is younger than 21 years of age if the
services | ||||||
22 | will include being armed.
| ||||||
23 | (3) Has been determined by the Department to
be unfit | ||||||
24 | by reason of conviction of an offense in this or
another | ||||||
25 | state , including registration as a sex offender, but not |
| |||||||
| |||||||
1 | including , other than a traffic offense. Persons convicted | ||||||
2 | of felonies involving bodily harm, weapons, violence, or | ||||||
3 | theft within the previous 10 years shall be presumed to be | ||||||
4 | unfit for registration. The Department
shall adopt rules | ||||||
5 | for making those determinations that shall
afford the | ||||||
6 | applicant due process of law.
| ||||||
7 | (4) Has had a license or permanent employee
| ||||||
8 | registration card denied, suspended, or revoked under this | ||||||
9 | Act (i) within one
year before the date the
person's | ||||||
10 | application for permanent employee registration card
is | ||||||
11 | received by the Department; and (ii) that refusal, denial,
| ||||||
12 | suspension, or revocation was based on any provision of | ||||||
13 | this
Act other than Section 40-50,
item (6) or (8) of | ||||||
14 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
15 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
16 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
17 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
18 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
19 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
20 | (5) Has been declared incompetent by any court
of | ||||||
21 | competent jurisdiction by reason of mental disease or
| ||||||
22 | defect and has not been restored.
| ||||||
23 | (6) Has been dishonorably discharged from the
armed | ||||||
24 | services of the United States.
| ||||||
25 | (b) No person may be employed by a private
detective | ||||||
26 | agency, private security contractor agency, private
alarm |
| |||||||
| |||||||
1 | contractor agency, fingerprint vendor agency, or locksmith | ||||||
2 | agency under this
Section until he or she has executed and | ||||||
3 | furnished to the
employer, on forms furnished by the | ||||||
4 | Department, a verified
statement to be known as "Employee's | ||||||
5 | Statement" setting forth:
| ||||||
6 | (1) The person's full name, age, and residence
address.
| ||||||
7 | (2) The business or occupation engaged in for
the 5 | ||||||
8 | years immediately before the date of the execution of
the | ||||||
9 | statement, the place where the business or occupation was
| ||||||
10 | engaged in, and the names of employers, if any.
| ||||||
11 | (3) That the person has not had a license or
employee | ||||||
12 | registration denied, revoked, or suspended under this
Act | ||||||
13 | (i) within one year before the date the person's | ||||||
14 | application
for permanent employee registration card is | ||||||
15 | received by the
Department; and (ii) that refusal, denial, | ||||||
16 | suspension, or
revocation was based on any provision of | ||||||
17 | this Act other than
Section 40-50,
item (6) or (8) of | ||||||
18 | subsection (a) of Section 15-10, subsection (b) of Section
| ||||||
19 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
20 | subsection (b) of
Section 20-10, item (6) or (8) of | ||||||
21 | subsection (a) of Section 25-10, subsection
(b) of Section | ||||||
22 | 25-10, item (7) of subsection (a) of Section 30-10,
| ||||||
23 | subsection (b) of Section 30-10, or Section 10-40.
| ||||||
24 | (4) Any conviction of a felony or misdemeanor.
| ||||||
25 | (5) Any declaration of incompetence by a court
of | ||||||
26 | competent jurisdiction that has not been restored.
|
| |||||||
| |||||||
1 | (6) Any dishonorable discharge from the armed
services | ||||||
2 | of the United States.
| ||||||
3 | (7) Any other information as may be required by
any | ||||||
4 | rule of the Department to show the good character,
| ||||||
5 | competency, and integrity of the person executing the
| ||||||
6 | statement.
| ||||||
7 | (c) Each applicant for a permanent employee registration
| ||||||
8 | card shall have his or her fingerprints submitted to the
| ||||||
9 | Department of State Police in an electronic format that
| ||||||
10 | complies with the form and manner for requesting and
furnishing | ||||||
11 | criminal history record information as prescribed
by the | ||||||
12 | Department of State Police. These fingerprints shall
be checked | ||||||
13 | against the Department of State Police and Federal
Bureau of | ||||||
14 | Investigation criminal history record databases now
and | ||||||
15 | hereafter filed. The Department of State Police shall
charge | ||||||
16 | applicants a fee for conducting the criminal history
records | ||||||
17 | check, which shall be deposited in the State Police
Services | ||||||
18 | Fund and shall not exceed the actual cost of the
records check. | ||||||
19 | The Department of State Police shall furnish,
pursuant to | ||||||
20 | positive identification, records of Illinois
convictions to | ||||||
21 | the Department. The Department may require
applicants to pay a | ||||||
22 | separate fingerprinting fee, either to the
Department or | ||||||
23 | directly to the vendor. The Department, in
its discretion, may | ||||||
24 | allow an applicant who does not have
reasonable access to a | ||||||
25 | designated vendor to provide his or her
fingerprints in an | ||||||
26 | alternative manner. The
Department, in its discretion, may also |
| |||||||
| |||||||
1 | use other
procedures in performing or obtaining criminal | ||||||
2 | background
checks of applicants. Instead of submitting his or | ||||||
3 | her
fingerprints, an individual may submit proof that is
| ||||||
4 | satisfactory to the Department that an equivalent security
| ||||||
5 | clearance has been conducted. Also, an individual who has
| ||||||
6 | retired as a peace officer within 12 months of application may
| ||||||
7 | submit verification, on forms provided by the Department and
| ||||||
8 | signed by his or her employer, of his or her previous full-time | ||||||
9 | employment as a
peace officer.
| ||||||
10 | (d) The Department shall issue a permanent employee
| ||||||
11 | registration card, in a form the Department prescribes, to all
| ||||||
12 | qualified applicants.
The holder of a permanent employee | ||||||
13 | registration card shall
carry the card at all times while | ||||||
14 | actually engaged in the
performance of the duties of his or her | ||||||
15 | employment.
Expiration and requirements for renewal of | ||||||
16 | permanent employee
registration cards shall be established by | ||||||
17 | rule of the
Department. Possession of a permanent employee | ||||||
18 | registration
card does not in any way imply that the holder of | ||||||
19 | the card is
employed by an agency unless the permanent employee
| ||||||
20 | registration card is accompanied by the employee
| ||||||
21 | identification card required by subsection (f) of this
Section.
| ||||||
22 | (e) Each employer shall maintain a record of each
employee | ||||||
23 | that is accessible to the duly authorized
representatives of | ||||||
24 | the Department. The record shall contain
the following | ||||||
25 | information:
| ||||||
26 | (1) A photograph taken within 10 days of the date
that |
| |||||||
| |||||||
1 | the employee begins employment with the employer. The
| ||||||
2 | photograph shall be replaced with a current photograph | ||||||
3 | every 3
calendar years.
| ||||||
4 | (2) The Employee's Statement specified in
subsection | ||||||
5 | (b) of this Section.
| ||||||
6 | (3) All correspondence or documents relating to the
| ||||||
7 | character and integrity of the employee received by the
| ||||||
8 | employer from any official source or law enforcement | ||||||
9 | agency.
| ||||||
10 | (4) In the case of former employees, the employee
| ||||||
11 | identification card of that person issued under subsection | ||||||
12 | (f)
of this Section. Each employee record shall duly note | ||||||
13 | if the
employee is employed in an armed capacity. Armed | ||||||
14 | employee
files shall contain a copy of an active firearm | ||||||
15 | owner's
identification card and a copy of an active firearm
| ||||||
16 | control card. Each employer shall maintain a record for
| ||||||
17 | each armed employee of each instance in which the | ||||||
18 | employee's
weapon was discharged during the course of his | ||||||
19 | or her
professional duties or activities. The record shall | ||||||
20 | be
maintained on forms provided by the Department, a copy | ||||||
21 | of
which must be filed with the Department within 15 days | ||||||
22 | of an
instance. The record shall include the date and time | ||||||
23 | of the
occurrence, the circumstances involved in the | ||||||
24 | occurrence, and
any other information as the Department may | ||||||
25 | require. Failure
to provide this information to the | ||||||
26 | Department or failure to
maintain the record as a part of |
| |||||||
| |||||||
1 | each armed employee's
permanent file is grounds for | ||||||
2 | disciplinary action. The
Department, upon receipt of a | ||||||
3 | report, shall have the authority
to make any investigation | ||||||
4 | it considers appropriate into any
occurrence in which an | ||||||
5 | employee's weapon was discharged and to
take disciplinary | ||||||
6 | action as may be appropriate.
| ||||||
7 | (5) A copy of the employee's permanent employee | ||||||
8 | registration card or a copy of the Department's "License | ||||||
9 | Lookup" Webpage showing that the employee has been issued a | ||||||
10 | valid permanent employee registration card by the | ||||||
11 | Department.
| ||||||
12 | (5) The Department may, by rule, prescribe further
record | ||||||
13 | requirements.
| ||||||
14 | (f) Every employer shall furnish an employee
| ||||||
15 | identification card to each of his or her employees. This
| ||||||
16 | employee identification card shall contain a recent photograph
| ||||||
17 | of the employee, the employee's name, the name and agency
| ||||||
18 | license number of the employer, the employee's personal
| ||||||
19 | description, the signature of the employer, the signature of
| ||||||
20 | that employee, the date of issuance, and an employee
| ||||||
21 | identification card number.
| ||||||
22 | (g) No employer may issue an employee identification
card | ||||||
23 | to any person who is not employed by the employer in
accordance | ||||||
24 | with this Section or falsely state or represent
that a person | ||||||
25 | is or has been in his or her employ. It is
unlawful for an | ||||||
26 | applicant for registered employment to file
with the Department |
| |||||||
| |||||||
1 | the fingerprints of a person other than
himself or herself.
| ||||||
2 | (h) Every employer shall obtain the identification card
of | ||||||
3 | every employee who terminates employment with him or her.
| ||||||
4 | (i) Every employer shall maintain a separate roster of
the | ||||||
5 | names of all employees currently working in an armed
capacity | ||||||
6 | and submit the roster to the Department on request.
| ||||||
7 | (j) No agency may employ any person to perform a
licensed | ||||||
8 | activity under this Act unless the person possesses a
valid | ||||||
9 | permanent employee registration card or a valid license
under | ||||||
10 | this Act, or is exempt pursuant to subsection (n).
| ||||||
11 | (k) Notwithstanding the provisions of subsection (j), an
| ||||||
12 | agency may employ a person in a temporary capacity if all of
| ||||||
13 | the following conditions are met:
| ||||||
14 | (1) The agency completes in its entirety and
submits to | ||||||
15 | the Department an application for a permanent
employee | ||||||
16 | registration card, including the required fingerprint
| ||||||
17 | receipt and fees.
| ||||||
18 | (2) The agency has verification from the Department
| ||||||
19 | that the applicant has no record of any criminal conviction
| ||||||
20 | pursuant to the criminal history check conducted by the
| ||||||
21 | Department of State Police. The agency shall maintain the
| ||||||
22 | verification of the results of the Department of State | ||||||
23 | Police
criminal history check as part of the employee | ||||||
24 | record as
required under subsection (e) of this Section.
| ||||||
25 | (3) The agency exercises due diligence to ensure
that | ||||||
26 | the person is qualified under the requirements of the Act
|
| |||||||
| |||||||
1 | to be issued a permanent employee registration card.
| ||||||
2 | (4) The agency maintains a separate roster of the
names | ||||||
3 | of all employees whose applications are currently
pending | ||||||
4 | with the Department and submits the roster to the
| ||||||
5 | Department on a monthly basis. Rosters are to be maintained
| ||||||
6 | by the agency for a period of at least 24 months.
| ||||||
7 | An agency may employ only a permanent employee applicant
| ||||||
8 | for which it either submitted a permanent employee application
| ||||||
9 | and all required forms and fees or it confirms with the
| ||||||
10 | Department that a permanent employee application and all
| ||||||
11 | required forms and fees have been submitted by another agency,
| ||||||
12 | licensee or the permanent employee and all other requirements
| ||||||
13 | of this Section are met.
| ||||||
14 | The Department shall have the authority to revoke,
without | ||||||
15 | a hearing, the temporary authority of an individual to
work | ||||||
16 | upon receipt of Federal Bureau of Investigation
fingerprint | ||||||
17 | data or a report of another official authority
indicating a | ||||||
18 | criminal conviction. If the Department has not
received a | ||||||
19 | temporary employee's Federal Bureau of
Investigation | ||||||
20 | fingerprint data within 120 days of the date the
Department | ||||||
21 | received the Department of State Police fingerprint
data, the | ||||||
22 | Department may, at its discretion, revoke the
employee's | ||||||
23 | temporary authority to work with 15 days written
notice to the | ||||||
24 | individual and the employing agency.
| ||||||
25 | An agency may not employ a person in a temporary capacity
| ||||||
26 | if it knows or reasonably should have known that the person
has |
| |||||||
| |||||||
1 | been convicted of a crime under the laws of this State,
has | ||||||
2 | been convicted in another state of any crime that is a
crime | ||||||
3 | under the laws of this State, has been convicted of any
crime | ||||||
4 | in a federal court, or has been posted as an unapproved
| ||||||
5 | applicant by the Department. Notice by the Department to the
| ||||||
6 | agency, via certified mail, personal delivery, electronic
| ||||||
7 | mail, or posting on the Department's Internet site accessible
| ||||||
8 | to the agency that the person has been convicted of a crime
| ||||||
9 | shall be deemed constructive knowledge of the conviction on
the | ||||||
10 | part of the agency. The Department may adopt rules to
implement | ||||||
11 | this
subsection (k).
| ||||||
12 | (l) No person may be employed under this Section in any
| ||||||
13 | capacity if:
| ||||||
14 | (1) the person, while so employed, is being paid by
the | ||||||
15 | United States or any political subdivision for the time so
| ||||||
16 | employed in addition to any payments he or she may receive
| ||||||
17 | from the employer; or
| ||||||
18 | (2) the person wears any portion of his or her
official | ||||||
19 | uniform, emblem of authority, or equipment while so
| ||||||
20 | employed.
| ||||||
21 | (m) If information is discovered affecting the
| ||||||
22 | registration of a person whose fingerprints were submitted
| ||||||
23 | under this Section, the Department shall so notify the agency
| ||||||
24 | that submitted the fingerprints on behalf of that person.
| ||||||
25 | (n) Peace officers shall be exempt from the requirements
of | ||||||
26 | this Section relating to permanent employee registration
|
| |||||||
| |||||||
1 | cards. The agency shall remain responsible for any peace
| ||||||
2 | officer employed under this exemption, regardless of whether
| ||||||
3 | the peace officer is compensated as an employee or as an
| ||||||
4 | independent contractor and as further defined by rule.
| ||||||
5 | (o) Persons who have no access to confidential or
security | ||||||
6 | information, who do not go to a client's or prospective | ||||||
7 | client's residence or place of business, and who otherwise do | ||||||
8 | not provide
traditional security services are exempt from | ||||||
9 | employee
registration. Examples of exempt employees include, | ||||||
10 | but are
not limited to, employees working in the capacity of | ||||||
11 | ushers,
directors, ticket takers, cashiers, drivers, and | ||||||
12 | reception
personnel. Confidential or security information is | ||||||
13 | that which
pertains to employee files, scheduling, client | ||||||
14 | contracts, or
technical security and alarm data.
| ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07; | ||||||
16 | 96-847, eff. 6-1-10 .)
| ||||||
17 | (225 ILCS 447/35-32) | ||||||
18 | (Section scheduled to be repealed on January 1, 2014) | ||||||
19 | Sec. 35-32. Employment requirement. | ||||||
20 | (a) The holder of a permanent employee registration card is | ||||||
21 | prohibited from performing the activities of a fingerprint | ||||||
22 | vendor, locksmith, private alarm contractor, private | ||||||
23 | detective, or private security contractor without being | ||||||
24 | employed by an agency licensed under this Act.
| ||||||
25 | (b) An agency licensed under this Act is prohibited from
|
| |||||||
| |||||||
1 | evading or attempting to evade the requirements for
employee | ||||||
2 | registration under this Act by engaging a
contractor or | ||||||
3 | independent contractor to perform the
activities of a | ||||||
4 | fingerprint vendor, locksmith, private
alarm contractor, | ||||||
5 | private detective, or private
security contractor, unless that | ||||||
6 | person is licensed
under this Act. | ||||||
7 | (Source: P.A. 96-1445, eff. 8-20-10.)
| ||||||
8 | (225 ILCS 447/35-35)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
10 | Sec. 35-35. Requirement of a firearm control
card.
| ||||||
11 | (a) No person shall perform duties that include the use,
| ||||||
12 | carrying, or possession of a firearm in the performance of
| ||||||
13 | those duties without complying with the provisions of this
| ||||||
14 | Section and having been issued a valid firearm control
card by | ||||||
15 | the Department.
| ||||||
16 | (b) No employer shall employ any person to perform the
| ||||||
17 | duties for which licensure or employee registration is required | ||||||
18 | and allow
that person to carry a firearm unless that person has | ||||||
19 | complied
with all the firearm training requirements of this | ||||||
20 | Section and
has been issued a firearm control card. This Act
| ||||||
21 | permits only the following to carry firearms while actually
| ||||||
22 | engaged in the performance of their duties or while commuting
| ||||||
23 | directly to or from their places of employment: persons
| ||||||
24 | licensed as private detectives and their registered employees;
| ||||||
25 | persons licensed as private security contractors and their
|
| |||||||
| |||||||
1 | registered employees; persons licensed as private alarm
| ||||||
2 | contractors and their registered employees; and employees of a
| ||||||
3 | registered armed proprietary security force.
| ||||||
4 | (c) Possession of a valid firearm control
card
allows a | ||||||
5 | licensee or an employee to carry a firearm not otherwise | ||||||
6 | prohibited
by law while the licensee or employee is engaged in | ||||||
7 | the performance of his
or her duties or while the licensee or | ||||||
8 | employee is commuting directly to
or from the licensee's or | ||||||
9 | employee's place or places of employment , provided
that this is | ||||||
10 | accomplished within one hour from departure from
home or place | ||||||
11 | of employment .
| ||||||
12 | (d) The Department shall issue a firearm control
card to a | ||||||
13 | person who has passed an approved firearm training
course, who | ||||||
14 | is currently licensed or employed by an agency licensed by
this | ||||||
15 | Act and has met all the requirements of this Act, and who
| ||||||
16 | possesses a valid firearm owner identification card.
| ||||||
17 | Application for the firearm control card shall be made
by the | ||||||
18 | employer to the Department on forms provided by the
Department. | ||||||
19 | The Department shall forward the card to the
employer who shall | ||||||
20 | be responsible for its issuance to the licensee or
employee. | ||||||
21 | The firearm control card shall be issued by
the Department and | ||||||
22 | shall identify the person holding it and
the name of the course | ||||||
23 | where the licensee or employee received firearm
instruction and | ||||||
24 | shall specify the type of weapon or weapons
the person is | ||||||
25 | authorized by the Department to carry and for
which the person | ||||||
26 | has been trained.
|
| |||||||
| |||||||
1 | (e) Expiration and requirements for renewal of firearm | ||||||
2 | control cards shall be determined by rule.
| ||||||
3 | (f) The Department may, in addition to any other
| ||||||
4 | disciplinary action permitted by this Act, refuse to issue,
| ||||||
5 | suspend, or revoke a firearm control card if the
applicant or | ||||||
6 | holder has been convicted of any felony or crime
involving the | ||||||
7 | illegal use, carrying, or possession of a deadly
weapon or for | ||||||
8 | a violation of this Act or rules promulgated
under this Act. | ||||||
9 | The Department shall refuse to issue or shall
revoke a firearm | ||||||
10 | control card if the applicant or holder
fails to possess a | ||||||
11 | valid firearm owners identification card without hearing .
The | ||||||
12 | Secretary Director shall summarily suspend a firearm control
| ||||||
13 | card if the Secretary Director finds that its continued use | ||||||
14 | would
constitute an imminent danger to the public. A hearing | ||||||
15 | shall
be held before the Board within 30 days if the Secretary | ||||||
16 | Director
summarily suspends a firearm control card.
| ||||||
17 | (g) Notwithstanding any other provision of this Act to the
| ||||||
18 | contrary, all requirements relating to firearms control
cards | ||||||
19 | do not apply to a peace officer.
| ||||||
20 | (h) The Department may issue a temporary firearm control | ||||||
21 | card pending issuance of a new firearm control card upon an | ||||||
22 | agency's acquiring of an established armed account. An agency | ||||||
23 | that has acquired armed employees as a result of acquiring an | ||||||
24 | established armed account may, on forms supplied by the | ||||||
25 | Department, request the issuance of a temporary firearm control | ||||||
26 | card for each acquired employee who held a valid firearm |
| |||||||
| |||||||
1 | control card under his or her employment with the newly | ||||||
2 | acquired established armed account immediately preceding the | ||||||
3 | acquiring of the account and who continues to meet all of the | ||||||
4 | qualifications for issuance of a firearm control card set forth | ||||||
5 | in this Act and any rules adopted under this Act. The | ||||||
6 | Department shall, by rule, set the fee for issuance of a | ||||||
7 | temporary firearm control card.
| ||||||
8 | (i) The Department shall may not issue a firearm control | ||||||
9 | card to a licensed fingerprint vendor or a licensed locksmith | ||||||
10 | or employees of a licensed fingerprint vendor agency or a | ||||||
11 | licensed locksmith agency .
| ||||||
12 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
13 | (225 ILCS 447/35-40)
| ||||||
14 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
15 | Sec. 35-40. Firearm control; training requirements.
| ||||||
16 | (a) The Department shall, pursuant to rule, approve or
| ||||||
17 | disapprove training programs for the firearm training course,
| ||||||
18 | which shall be taught by a qualified instructor.
Qualifications | ||||||
19 | for instructors shall be set by rule. The
firearm training | ||||||
20 | course shall be conducted by entities, by a
licensee, or by an | ||||||
21 | agency licensed by this Act, provided the
course is approved by | ||||||
22 | the Department. The firearm course
shall consist of the | ||||||
23 | following minimum requirements:
| ||||||
24 | (1) 40 hours of training, 20 hours of which shall
be as | ||||||
25 | described in Sections 15-20, 20-20, or 25-20, as
|
| |||||||
| |||||||
1 | applicable, and 20 hours of which shall include all of the
| ||||||
2 | following:
| ||||||
3 | (A) Instruction in the dangers of and misuse
of | ||||||
4 | firearms, their storage, safety rules, and care and
| ||||||
5 | cleaning of firearms.
| ||||||
6 | (B) Practice firing on a range with live
| ||||||
7 | ammunition.
| ||||||
8 | (C) Instruction in the legal use of firearms.
| ||||||
9 | (D) A presentation of the ethical and moral
| ||||||
10 | considerations necessary for any person who possesses | ||||||
11 | a
firearm.
| ||||||
12 | (E) A review of the laws regarding arrest,
search, | ||||||
13 | and seizure.
| ||||||
14 | (F) Liability for acts that may be performed
in the | ||||||
15 | course of employment.
| ||||||
16 | (2) An examination shall be given at the completion
of | ||||||
17 | the course. The examination shall consist of a firearms
| ||||||
18 | qualification course and a written examination. Successful
| ||||||
19 | completion shall be determined by the Department.
| ||||||
20 | (b) The firearm training requirement may be waived for a | ||||||
21 | licensee or
an employee who has completed training provided by | ||||||
22 | the
Illinois Law Enforcement Training Standards Board or the
| ||||||
23 | equivalent public body of another state or is a qualified | ||||||
24 | retired law enforcement officer as defined in the federal Law | ||||||
25 | Enforcement Officers Safety Act of 2004 and is in compliance | ||||||
26 | with all of the requirements of that Act , provided
|
| |||||||
| |||||||
1 | documentation showing requalification with the weapon on the
| ||||||
2 | firing range is submitted to the Department.
| ||||||
3 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
4 | (225 ILCS 447/35-45)
| ||||||
5 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
6 | Sec. 35-45. Armed proprietary security force.
| ||||||
7 | (a) All financial institutions that employ one or more
| ||||||
8 | armed employees and all commercial or
industrial operations | ||||||
9 | that employ 5 or more persons as armed
employees shall register | ||||||
10 | their security forces
with the Department on forms provided by | ||||||
11 | the Department. For the purposes of this Section,
"financial | ||||||
12 | institution" includes a bank, savings and loan
association, | ||||||
13 | credit union, currency exchange, or company
providing armored | ||||||
14 | car services. | ||||||
15 | (a-1) Commercial or industrial operations that employ less
| ||||||
16 | than 5 persons as armed employees may register their security
| ||||||
17 | forces with the Department on forms provided by the
Department. | ||||||
18 | Registration subjects the security force to all
of the | ||||||
19 | requirements of this Section.
| ||||||
20 | (b) All armed employees of the registered
proprietary | ||||||
21 | security force must complete a 20-hour basic
training course | ||||||
22 | and 20-hour firearm training.
| ||||||
23 | (c) Every proprietary security force is required to
apply | ||||||
24 | to the Department, on forms supplied by the Department,
for a | ||||||
25 | firearm control card for each armed employee. Each armed
|
| |||||||
| |||||||
1 | employee shall have his or her fingerprints submitted to the
| ||||||
2 | Department of State Police in an electronic format that
| ||||||
3 | complies with the form and manner for requesting and
furnishing | ||||||
4 | criminal history record information as prescribed
by the | ||||||
5 | Department of State Police. These fingerprints shall be
checked | ||||||
6 | against the Department of State Police and Federal
Bureau of | ||||||
7 | Investigation criminal history record databases. The | ||||||
8 | Department of State Police shall
charge the armed employee a | ||||||
9 | fee for conducting the criminal
history records check, which | ||||||
10 | shall be deposited in the State
Police Services Fund and shall | ||||||
11 | not exceed the actual cost of
the records check. The Department | ||||||
12 | of State Police shall
furnish, pursuant to positive | ||||||
13 | identification, records of
Illinois convictions to the | ||||||
14 | Department. The Department may
require armed employees to pay a | ||||||
15 | separate fingerprinting fee,
either to the Department or | ||||||
16 | directly to the vendor. The
Department, in its discretion, may | ||||||
17 | allow an armed employee who
does not have reasonable access to | ||||||
18 | a designated vendor to
provide his or her fingerprints in an | ||||||
19 | alternative manner. The
Department, in its discretion, may also | ||||||
20 | use other procedures
in performing or obtaining criminal | ||||||
21 | background checks of armed
employees. Instead of submitting his | ||||||
22 | or her fingerprints, an
individual may submit proof that is | ||||||
23 | satisfactory to the
Department that an equivalent security | ||||||
24 | clearance has been
conducted. Also, an individual who has | ||||||
25 | retired as a peace
officer within 12 months before application | ||||||
26 | may submit
verification, on forms provided by the Department |
| |||||||
| |||||||
1 | and signed
by his or her employer, of his or her previous | ||||||
2 | full-time
employment as a peace officer.
| ||||||
3 | (d) The Department may provide rules for the
administration | ||||||
4 | of this Section.
| ||||||
5 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
6 | (225 ILCS 447/40-5)
| ||||||
7 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
8 | Sec. 40-5. Injunctive relief. | ||||||
9 | (a) The practice of a private
detective, private security | ||||||
10 | contractor, private alarm
contractor, fingerprint vendor, | ||||||
11 | locksmith, private detective agency, private
security | ||||||
12 | contractor agency, private alarm contractor agency,
| ||||||
13 | fingerprint vendor agency, or locksmith agency by any person, | ||||||
14 | firm, corporation, or other
legal entity that has not been | ||||||
15 | issued a license by the
Department or whose license has been | ||||||
16 | suspended, revoked, or
not renewed is hereby declared to be | ||||||
17 | inimical to the public
safety and welfare and to constitute a | ||||||
18 | public nuisance. The
Secretary may, in the name of the People | ||||||
19 | of the State of Illinois Director, through the Attorney General | ||||||
20 | of the State of Illinois or , the State's Attorney
of any county | ||||||
21 | in which the violation is alleged to have occurred in the State | ||||||
22 | of Illinois, petition for an order enjoining the violation or | ||||||
23 | for an order enforcing compliance with this Act , any resident | ||||||
24 | of the State, or any legal entity
within the State may apply | ||||||
25 | for injunctive relief in any court
to enjoin any person, firm, |
| |||||||
| |||||||
1 | or other entity that has not been
issued a license or whose | ||||||
2 | license has been suspended, revoked,
or not renewed from | ||||||
3 | conducting a licensed activity . Upon the
filing of a verified | ||||||
4 | petition in court, if satisfied by
affidavit or otherwise that | ||||||
5 | the person, firm, corporation, or
other legal entity is or has | ||||||
6 | been conducting activities in
violation of this Act, the court | ||||||
7 | may enter a temporary
restraining order or preliminary | ||||||
8 | injunction, without bond,
enjoining the defendant from further | ||||||
9 | activity. A copy of the
verified complaint shall be served upon | ||||||
10 | the defendant and the
proceedings shall be conducted as in | ||||||
11 | civil cases. If it is
established the defendant has been or is | ||||||
12 | conducting activities
in violation of this Act, the court may | ||||||
13 | enter a judgment
enjoining the defendant from that activity. In | ||||||
14 | case of
violation of any injunctive order or judgment entered | ||||||
15 | under
this Section, the court may punish the offender for | ||||||
16 | contempt
of court. Injunctive proceedings shall be in addition | ||||||
17 | to all
other penalties under this Act.
| ||||||
18 | (b) If any person practices as a private detective, private | ||||||
19 | security contractor, private alarm contractor, fingerprint | ||||||
20 | vendor, locksmith, private detective agency, private security | ||||||
21 | contractor agency, private alarm contractor agency, | ||||||
22 | fingerprint vendor agency, or locksmith agency or holds himself | ||||||
23 | or herself out as such without having a valid license under | ||||||
24 | this Act, then any licensee, any interested party, or any | ||||||
25 | person injured thereby may, in addition to the Secretary, | ||||||
26 | petition for relief as provided in subsection (a) of this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
3 | (225 ILCS 447/40-10)
| ||||||
4 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
5 | Sec. 40-10. Disciplinary sanctions.
| ||||||
6 | (a) The Department may deny issuance, refuse to renew,
or | ||||||
7 | restore or may reprimand, place on probation, suspend,
revoke, | ||||||
8 | or take other disciplinary or non-disciplinary action against | ||||||
9 | any license, registration, permanent employee
registration | ||||||
10 | card, canine handler authorization card, canine trainer | ||||||
11 | authorization card, or firearm control
card, and may
impose a | ||||||
12 | fine not to exceed $10,000 for each violation , and may assess | ||||||
13 | costs as provided for under Section 45-60, for
any of the | ||||||
14 | following:
| ||||||
15 | (1) Fraud , or deception , or misrepresentation in | ||||||
16 | obtaining or renewing of
a license or registration.
| ||||||
17 | (2) Professional incompetence as manifested by poor
| ||||||
18 | standards of service.
| ||||||
19 | (3) Engaging in dishonorable, unethical, or
| ||||||
20 | unprofessional conduct of a character likely to deceive,
| ||||||
21 | defraud, or harm the public.
| ||||||
22 | (4) Conviction by of or entry of a plea of guilty or | ||||||
23 | nolo contendere , finding of guilt, jury verdict, or entry | ||||||
24 | of judgment or by sentencing of any crime including, but | ||||||
25 | not limited to, convictions, preceding sentences of |
| |||||||
| |||||||
1 | supervision, conditional discharge, or first offender | ||||||
2 | probation, under the laws of any jurisdiction of the United | ||||||
3 | States that is (i) or an admission of guilt in Illinois, | ||||||
4 | another state, or other jurisdiction of any
crime that is a | ||||||
5 | felony under the laws of Illinois; a felony in
a federal | ||||||
6 | court; or (ii) a misdemeanor, an essential element of which
| ||||||
7 | is dishonesty , or that is ; or directly related to the | ||||||
8 | practice of the profession professional practice .
| ||||||
9 | (5) Performing any services in a grossly negligent
| ||||||
10 | manner or permitting any of a licensee's employees to | ||||||
11 | perform
services in a grossly negligent manner, regardless | ||||||
12 | of whether
actual damage to the public is established.
| ||||||
13 | (6) Continued practice, although the person
has become | ||||||
14 | unfit to practice due to any of the
following:
| ||||||
15 | (A) Physical illness, mental illness, or other | ||||||
16 | impairment, including, but not
limited to, | ||||||
17 | deterioration through the aging process or loss of
| ||||||
18 | motor skills that results in the inability to serve the | ||||||
19 | public
with reasonable judgment, skill, or safety.
| ||||||
20 | (B) (Blank). Mental disability demonstrated by the
| ||||||
21 | entry of an order or judgment by a court that a
person | ||||||
22 | is in need of mental treatment or is incompetent.
| ||||||
23 | (C) Habitual or excessive use or abuse of drugs | ||||||
24 | defined in law as controlled substances, alcohol, or | ||||||
25 | any other substance that results in the inability to | ||||||
26 | practice with reasonable judgment, skill, or safety. |
| |||||||
| |||||||
1 | Addiction to or dependency on alcohol or
drugs that is | ||||||
2 | likely to endanger the public. If the
Department has | ||||||
3 | reasonable cause to believe that a person is
addicted | ||||||
4 | to or dependent on alcohol or drugs that
may endanger | ||||||
5 | the public, the Department may require the
person to | ||||||
6 | undergo an examination to determine the
extent of the | ||||||
7 | addiction or dependency.
| ||||||
8 | (7) Receiving, directly or indirectly, compensation
| ||||||
9 | for any services not rendered.
| ||||||
10 | (8) Willfully deceiving or defrauding the public on
a | ||||||
11 | material matter.
| ||||||
12 | (9) Failing to account for or remit any moneys or
| ||||||
13 | documents coming into the licensee's possession that
| ||||||
14 | belong to another person or entity.
| ||||||
15 | (10) Discipline by another United States
jurisdiction , | ||||||
16 | or foreign nation, or governmental agency, if at least one | ||||||
17 | of the grounds
for the discipline is the same or | ||||||
18 | substantially equivalent to
those set forth in this Act.
| ||||||
19 | (11) Giving differential treatment to a person that
is | ||||||
20 | to that person's detriment because of race, color, creed,
| ||||||
21 | sex, religion, or national origin.
| ||||||
22 | (12) Engaging in false or misleading advertising.
| ||||||
23 | (13) Aiding, assisting, or willingly permitting
| ||||||
24 | another person to violate this Act or rules promulgated | ||||||
25 | under
it.
| ||||||
26 | (14) Performing and charging for services without
|
| |||||||
| |||||||
1 | authorization to do so from the person or entity serviced.
| ||||||
2 | (15) Directly or indirectly offering or accepting
any | ||||||
3 | benefit to or from any employee, agent, or fiduciary
| ||||||
4 | without the consent of the latter's employer or principal | ||||||
5 | with
intent to or the understanding that this action will | ||||||
6 | influence
his or her conduct in relation to his or her | ||||||
7 | employer's or
principal's affairs.
| ||||||
8 | (16) Violation of any disciplinary order imposed on
a | ||||||
9 | licensee by the Department.
| ||||||
10 | (17) Performing any act or practice that is a violation | ||||||
11 | of this Act or the rules for the administration of this | ||||||
12 | Act, or having a conviction or administrative finding of | ||||||
13 | guilty as a result of violating any federal or State laws, | ||||||
14 | rules, or regulations that apply exclusively to the | ||||||
15 | practices of private detectives, private alarm | ||||||
16 | contractors, private security contractors, fingerprint | ||||||
17 | vendors, or locksmiths.
| ||||||
18 | (18) Conducting an agency without a valid license.
| ||||||
19 | (19) Revealing confidential information, except as
| ||||||
20 | required by law, including but not limited to information
| ||||||
21 | available under Section 2-123 of the Illinois Vehicle Code.
| ||||||
22 | (20) Failing to make available to the Department,
upon | ||||||
23 | request, any books, records, or forms required by this
Act.
| ||||||
24 | (21) Failing, within 30 days, to respond to a
written | ||||||
25 | request for information from the Department.
| ||||||
26 | (22) Failing to provide employment information or
|
| |||||||
| |||||||
1 | experience information required by the Department | ||||||
2 | regarding an
applicant for licensure.
| ||||||
3 | (23) Failing to make available to the Department at
the | ||||||
4 | time of the request any indicia of licensure or
| ||||||
5 | registration issued under this Act.
| ||||||
6 | (24) Purporting to be a licensee-in-charge of an
agency | ||||||
7 | without active participation in the agency.
| ||||||
8 | (25) A finding by the Department that the licensee, | ||||||
9 | after having his or her license placed on probationary | ||||||
10 | status, has violated the terms of probation. | ||||||
11 | (26) Violating subsection (f) of Section 30-30. | ||||||
12 | (27) A firearm control card holder having more firearms | ||||||
13 | in his or her immediate possession than he or she can | ||||||
14 | reasonable exercise control over. | ||||||
15 | (28) Failure to report in writing to the Department, | ||||||
16 | within 60 days of an entry of a settlement or a verdict in | ||||||
17 | excess of $10,000, any legal action in which the quality of | ||||||
18 | the licensee's or registrant's professional services was | ||||||
19 | the subject of the legal action. | ||||||
20 | (b) All fines imposed under this Section shall be paid | ||||||
21 | within 60 days after the effective date of the order imposing | ||||||
22 | the fine. The Department shall seek to be consistent in the
| ||||||
23 | application of disciplinary sanctions.
| ||||||
24 | (c) The Department shall adopt rules that set forth | ||||||
25 | standards of service for the following:
(i) acceptable error | ||||||
26 | rate in the transmission of fingerprint images and other data |
| |||||||
| |||||||
1 | to the Department of State Police;
(ii) acceptable error rate | ||||||
2 | in the collection and documentation of information used to | ||||||
3 | generate
fingerprint work orders;
and (iii) any other standard | ||||||
4 | of service that affects fingerprinting services as determined | ||||||
5 | by the
Department.
| ||||||
6 | The determination by a circuit court that a licensee is | ||||||
7 | subject to involuntary admission or judicial admission, as | ||||||
8 | provided in the Mental Health and Developmental Disabilities | ||||||
9 | Code, operates as an automatic suspension. The suspension will | ||||||
10 | end only upon a finding by a court that the patient is no | ||||||
11 | longer subject to involuntary admission or judicial admission | ||||||
12 | and the issuance of an order so finding and discharging the | ||||||
13 | patient. | ||||||
14 | (Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)
| ||||||
15 | (225 ILCS 447/40-25)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
17 | Sec. 40-25. Submission to physical or mental examination. | ||||||
18 | (a) The Department or Board upon a showing of a possible | ||||||
19 | violation may compel an individual licensed to practice under | ||||||
20 | this Act, or who has applied for licensure under this Act, to | ||||||
21 | submit to a mental or physical examination, or both, which may
| ||||||
22 | include a substance abuse or sexual offender evaluation, as | ||||||
23 | required by and at the expense of the Department. The
| ||||||
24 | Department or Board shall specifically designate the examining
| ||||||
25 | physician licensed to practice medicine in all of its branches
|
| |||||||
| |||||||
1 | or, if applicable, the multidisciplinary team involved in
| ||||||
2 | providing the mental or physical examination, evaluation,
or | ||||||
3 | both. The multidisciplinary team shall be led by a
physician | ||||||
4 | licensed to practice medicine in all of its branches
and may | ||||||
5 | consist of one or more or a combination of physicians
licensed | ||||||
6 | to practice medicine in all of its branches, licensed
| ||||||
7 | chiropractic physicians, licensed clinical psychologists,
| ||||||
8 | licensed clinical social workers, licensed clinical
| ||||||
9 | professional counselors, and other professional and
| ||||||
10 | administrative staff. Any examining physician or member of the
| ||||||
11 | multidisciplinary team may require any person ordered to
submit | ||||||
12 | to an examination and evaluation pursuant to this
Section to | ||||||
13 | submit to any additional supplemental testing
deemed necessary | ||||||
14 | to complete any examination or evaluation
process, including, | ||||||
15 | but not limited to, blood testing,
urinalysis, psychological | ||||||
16 | testing, or neuropsychological
testing. The Department or the | ||||||
17 | Board may order the examining
physician or any member of the | ||||||
18 | multidisciplinary team to
provide to the Department any and all | ||||||
19 | records, including
business records, that relate to the | ||||||
20 | examination and
evaluation, including any supplemental testing | ||||||
21 | performed. The
Department or the Board may order the examining | ||||||
22 | physician or
any member of the multidisciplinary team to | ||||||
23 | present testimony
concerning this examination and evaluation | ||||||
24 | of the licensee or
applicant, including testimony concerning | ||||||
25 | any supplemental
testing or documents relating to the | ||||||
26 | examination and
evaluation. No information, report, record, or |
| |||||||
| |||||||
1 | other documents
in any way related to the examination and | ||||||
2 | evaluation shall be
excluded by reason of any common law or | ||||||
3 | statutory privilege
relating to communication between the | ||||||
4 | licensee or applicant
and the examining physician or any member | ||||||
5 | of the
multidisciplinary team. No authorization is necessary | ||||||
6 | from the
licensee or applicant ordered to undergo an evaluation | ||||||
7 | and
examination for the examining physician or any member of | ||||||
8 | the
multidisciplinary team to provide information, reports,
| ||||||
9 | records, or other documents or to provide any testimony
| ||||||
10 | regarding the examination and evaluation. The Department or | ||||||
11 | Board may order the examining physician to present testimony | ||||||
12 | concerning the mental or physical examination of the licensee | ||||||
13 | or applicant. No information shall be excluded by reason of any | ||||||
14 | common law or statutory privilege relating to communications | ||||||
15 | between the licensee or applicant and the examining physician. | ||||||
16 | The examining physicians shall be specifically designated by | ||||||
17 | the Board or Department. The individual to be examined may | ||||||
18 | have, at his or her own expense, another physician of his or | ||||||
19 | her choice present during all aspects of this examination. | ||||||
20 | Failure of an individual to submit to a mental or physical | ||||||
21 | examination, or both, when directed, shall result in automatic | ||||||
22 | be grounds for the immediate suspension without hearing, until | ||||||
23 | such time as of his or her license until the individual submits | ||||||
24 | to the examination if the Department finds that the refusal to | ||||||
25 | submit to the examination was without reasonable cause as | ||||||
26 | defined by rule . |
| |||||||
| |||||||
1 | (b) In instances in which the Secretary immediately | ||||||
2 | suspends a person's license for his or her failure to submit to | ||||||
3 | a mental or physical examination when directed, a hearing on | ||||||
4 | that person's license must be convened by the Department within | ||||||
5 | 15 days after the suspension and completed without appreciable | ||||||
6 | delay. | ||||||
7 | (c) In instances in which the Secretary otherwise suspends | ||||||
8 | a person's license pursuant to the results of a compelled | ||||||
9 | mental or physical examination, a hearing on that person's | ||||||
10 | license must be convened by the Department within 15 days after | ||||||
11 | the suspension and completed without appreciable delay. The | ||||||
12 | Department and Board shall have the authority to review the | ||||||
13 | subject individual's record of treatment and counseling | ||||||
14 | regarding the impairment to the extent permitted by applicable | ||||||
15 | federal statutes and regulations safeguarding the | ||||||
16 | confidentiality of medical records. | ||||||
17 | (d) An individual licensed under this Act and affected | ||||||
18 | under this Section shall be afforded an opportunity to | ||||||
19 | demonstrate to the Department or Board that he or she can | ||||||
20 | resume practice in compliance with acceptable and prevailing | ||||||
21 | standards under the provisions of his or her license.
| ||||||
22 | (Source: P.A. 96-1445, eff. 8-20-10.)
| ||||||
23 | (225 ILCS 447/40-30)
| ||||||
24 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
25 | Sec. 40-30. Insufficient funds; checks. A person who
|
| |||||||
| |||||||
1 | delivers a check or other payment to the Department that is
| ||||||
2 | returned to the Department unpaid by the financial institution
| ||||||
3 | upon which it was drawn shall pay to the Department, in
| ||||||
4 | addition to the amount already owed, a penalty of $50. The
| ||||||
5 | Department shall notify the person by first class mail
that his | ||||||
6 | or her check
or payment was returned and that the person shall | ||||||
7 | pay to the
Department by certified check or money order the | ||||||
8 | amount of the
returned check plus a $50 penalty within 30 | ||||||
9 | calendar days
after the date of the notification. If, after the | ||||||
10 | expiration
of 30 calendar days of the notification, the person | ||||||
11 | has failed
to remit the necessary funds and penalty, the | ||||||
12 | Department shall
automatically terminate the license or deny | ||||||
13 | the application
without a hearing. If the returned check or | ||||||
14 | other payment was
for issuance of a license under this Act and | ||||||
15 | that person
practices as a licensee, that person may be subject | ||||||
16 | to
discipline for unlicensed practice as provided in this Act.
| ||||||
17 | If, after termination or denial, the person seeks a license,
he | ||||||
18 | or she shall petition the Department for restoration and he
or | ||||||
19 | she may be subject to additional discipline or fines. The | ||||||
20 | Secretary
Director may waive the penalties or fines due under | ||||||
21 | this
Section in individual cases where the Secretary Director | ||||||
22 | finds that the
penalties or fines would be unreasonable or | ||||||
23 | unnecessarily
burdensome.
| ||||||
24 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
25 | (225 ILCS 447/40-35)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
2 | Sec. 40-35. Disciplinary action for educational loan
| ||||||
3 | defaults. The Department shall deny a license or renewal
| ||||||
4 | authorized by this Act to a person who has defaulted on an
| ||||||
5 | educational loan or scholarship provided or guaranteed by the
| ||||||
6 | Illinois Student Assistance Commission or any governmental
| ||||||
7 | agency of this State in accordance with item (5) of subsection | ||||||
8 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
9 | Illinois . The Department may issue a license or
renewal if the | ||||||
10 | person has established a satisfactory repayment
record as | ||||||
11 | determined by the Illinois Student Assistance
Commission or | ||||||
12 | other appropriate governmental agency of this
State. | ||||||
13 | Additionally, a license issued by the Department may
be | ||||||
14 | suspended or revoked if the Director, after the opportunity
for | ||||||
15 | a hearing under this Act, finds that the licensee has
failed to | ||||||
16 | make satisfactory repayment to the Illinois Student
Assistance | ||||||
17 | Commission for a delinquent or defaulted loan.
| ||||||
18 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
19 | (225 ILCS 447/40-40)
| ||||||
20 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
21 | Sec. 40-40. Nonpayment of child support. In cases where
the | ||||||
22 | Department of Healthcare and Family Services (formerly
| ||||||
23 | Department of Public Aid) or any circuit court has
previously | ||||||
24 | determined that a licensee or a potential licensee
is more than | ||||||
25 | 30 days delinquent in the payment of child
support and has |
| |||||||
| |||||||
1 | subsequently certified the delinquency to the
Department, the | ||||||
2 | Department may refuse to issue or renew or may
revoke or | ||||||
3 | suspend that person's license or may take other
disciplinary | ||||||
4 | action against that person based solely upon the
certification | ||||||
5 | of delinquency made by the Department of Healthcare and Family | ||||||
6 | Services in accordance with item (5) of subsection (a) of | ||||||
7 | Section 2105-15 of the Civil Administrative Code of Illinois. | ||||||
8 | (formerly Department of Public
Aid) or a circuit court. | ||||||
9 | Redetermination of the delinquency by
the Department shall not | ||||||
10 | be required. In cases regarding the
renewal of a license, the | ||||||
11 | Department shall not renew any
license if the Department of | ||||||
12 | Healthcare and Family Services (formerly
Department of Public | ||||||
13 | Aid) or a circuit court has
certified the licensee to be more | ||||||
14 | than 30 days delinquent in
the payment of child support, unless | ||||||
15 | the licensee has arranged
for payment of past and current child | ||||||
16 | support obligations in a
manner satisfactory to the Department | ||||||
17 | of Healthcare and Family Services (formerly Department of | ||||||
18 | Public Aid) or circuit
court. The Department may impose | ||||||
19 | conditions, restrictions or
disciplinary action upon that | ||||||
20 | renewal in accordance with
Section 40-10 of this Act.
| ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
22 | (225 ILCS 447/40-45)
| ||||||
23 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
24 | Sec. 40-45. Failure to file a tax return. The Department
| ||||||
25 | may refuse to issue or may suspend , without a hearing as |
| |||||||
| |||||||
1 | provided for in the Civil Administrative Code of Illinois, the | ||||||
2 | license of any person,
firm, or other entity that fails to file | ||||||
3 | a tax return, or to pay
a tax, penalty, or interest shown in a | ||||||
4 | filed return, or to pay
any final assessment of a tax, penalty, | ||||||
5 | or interest, as
required by any law administered by the | ||||||
6 | Department of Revenue
until the requirements of the law are | ||||||
7 | satisfied in accordance with subsection (g) of Section 2105-15 | ||||||
8 | of the Civil Administrative Code of Illinois or a repayment
| ||||||
9 | agreement with the Department of Revenue has been entered
into .
| ||||||
10 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
11 | (225 ILCS 447/45-10)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
13 | Sec. 45-10. Complaints ; investigations; hearings | ||||||
14 | investigated by the Department .
| ||||||
15 | (a) The Department may shall investigate the actions of
any | ||||||
16 | applicant or of any person or persons holding or claiming
to | ||||||
17 | hold a license or registration under this Act all complaints
| ||||||
18 | concerning violations regarding licensees or unlicensed
| ||||||
19 | activity .
| ||||||
20 | (b) The Following an investigation, the Department shall,
| ||||||
21 | before disciplining a
licensee under Section 40-10 or refusing | ||||||
22 | to issue or license, at least 30 days before the date
set for | ||||||
23 | the hearing, (i) notify the accused in writing of the
charges | ||||||
24 | made and the time and place for the hearing on the
charges, | ||||||
25 | (ii) direct him or her to file a written answer to
the charges |
| |||||||
| |||||||
1 | under oath within 20 days after service, and (iii)
inform the | ||||||
2 | applicant or licensee that failure to answer will
result in a | ||||||
3 | default being entered against the applicant or
licensee. may | ||||||
4 | file
formal charges against the licensee. The formal charges | ||||||
5 | shall
inform the licensee of the facts that are the basis of | ||||||
6 | the
charges with enough specificity to enable the licensee to
| ||||||
7 | prepare an intelligent defense.
| ||||||
8 | (c) At the time and place fixed in the notice, the Board
or | ||||||
9 | the hearing officer appointed by the Secretary shall
proceed to | ||||||
10 | hear the charges, and the parties or their counsel
shall be | ||||||
11 | accorded ample opportunity to present any pertinent
| ||||||
12 | statements, testimony, evidence, and arguments. The Board or
| ||||||
13 | hearing officer may continue the hearing from time to time. In
| ||||||
14 | case the person, after receiving the notice, fails to file an
| ||||||
15 | answer, his or her license may, in the discretion of the
| ||||||
16 | Secretary, having first received the recommendation of the
| ||||||
17 | Board, be suspended, revoked, or placed on probationary
status, | ||||||
18 | or be subject to whatever disciplinary action the
Secretary | ||||||
19 | considers proper, including limiting the scope,
nature, or | ||||||
20 | extent of the person's practice or the imposition
of a fine, | ||||||
21 | without hearing, if the act or acts charged
constitute | ||||||
22 | sufficient grounds for that action under this Act. Each | ||||||
23 | licensee whose conduct is the subject of a
formal charge that | ||||||
24 | seeks to impose disciplinary action against
the licensee shall | ||||||
25 | be served notice of that charge at least 30
days before the | ||||||
26 | date of the hearing. The hearing shall be
presided over by a |
| |||||||
| |||||||
1 | Board member or by a hearing officer
authorized by the | ||||||
2 | Department. Service shall be considered to
have been given if | ||||||
3 | the notice was personally received by the
licensee or if the | ||||||
4 | notice was mailed by certified mail, return
receipt requested, | ||||||
5 | to the licensee at the licensee's address
on file with the | ||||||
6 | Department.
| ||||||
7 | (d) The written notice and any notice in the subsequent
| ||||||
8 | proceeding may be served by regular or certified mail to the
| ||||||
9 | licensee's address of record. The notice of formal charges | ||||||
10 | shall consist of the
following information:
| ||||||
11 | (e) The Secretary has the authority to appoint any
attorney | ||||||
12 | licensed to practice law in the State of Illinois
to serve as | ||||||
13 | the hearing officer in any action for refusal
to issue, | ||||||
14 | restore, or renew a license or to discipline a
licensee. The | ||||||
15 | hearing officer has full authority to
conduct the hearing.
| ||||||
16 | (1) The time, place, and date of the hearing.
| ||||||
17 | (2) That the licensee shall appear personally at
the | ||||||
18 | hearing and may be represented by counsel.
| ||||||
19 | (3) That the licensee may produce witnesses and
| ||||||
20 | evidence on his or her behalf and has the right to cross-
| ||||||
21 | examine witnesses and evidence produced against him or her.
| ||||||
22 | (4) That the hearing could result in disciplinary
| ||||||
23 | action.
| ||||||
24 | (5) That rules for the conduct of hearings are
| ||||||
25 | available from the Department.
| ||||||
26 | (6) That a hearing officer authorized by the
Department |
| |||||||
| |||||||
1 | shall conduct the hearing and, following the
conclusion of | ||||||
2 | that hearing, shall make findings of fact,
conclusions of | ||||||
3 | law, and recommendations, separately stated, to
the Board | ||||||
4 | as to what disciplinary action, if any,
should be imposed | ||||||
5 | on the licensee.
| ||||||
6 | (7) That the licensee shall file a written answer
to | ||||||
7 | the Board under oath within 20 days after the service of
| ||||||
8 | the notice, and that if the licensee fails to file an
| ||||||
9 | answer default will be taken and the license or certificate
| ||||||
10 | may be suspended, revoked, or placed on probationary | ||||||
11 | status, or
other disciplinary action may be taken, | ||||||
12 | including limiting the
scope, nature, or extent of | ||||||
13 | practice, as the Director may
consider proper.
| ||||||
14 | In case the licensee, after receiving notice, fails to
| ||||||
15 | file an answer, that person's license or certificate may, | ||||||
16 | in
the discretion of the Director, having received first | ||||||
17 | the
recommendation of the Board, be suspended, revoked, or | ||||||
18 | placed
on probationary status; or the Director may take | ||||||
19 | whatever
disciplinary action is considered under this Act, | ||||||
20 | including
limiting the scope, nature, or extent of the | ||||||
21 | person's
practice, without a hearing, if the act or acts | ||||||
22 | charged
constitute sufficient grounds for the action under | ||||||
23 | this Act.
| ||||||
24 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
25 | (225 ILCS 447/45-15)
|
| |||||||
| |||||||
1 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
2 | Sec. 45-15. Hearing; rehearing ; public record .
| ||||||
3 | (a) The Board or the hearing officer authorized by the
| ||||||
4 | Department shall hear evidence in support of the formal
charges | ||||||
5 | and evidence produced by the licensee. At the
conclusion of the | ||||||
6 | hearing, the Board shall present to the Secretary a written | ||||||
7 | report of its make findings of
fact, conclusions of law, and | ||||||
8 | recommendations and submit them
to the Director and to all | ||||||
9 | parties to the proceeding . The
report shall contain a finding | ||||||
10 | of whether the accused
person violated this Act or failed to | ||||||
11 | comply with the
conditions required in this Act. The Board | ||||||
12 | shall specify
the nature of the violation or failure to comply | ||||||
13 | and shall
make its recommendation to the Secretary.
| ||||||
14 | (b) At the conclusion of the hearing, a copy of the Board | ||||||
15 | or hearing officer's report shall be served upon the
applicant | ||||||
16 | or licensee by the Department, either personally
or as provided | ||||||
17 | in this Act for the service of a notice of
hearing. Within 20 | ||||||
18 | calendar days after service, the
applicant or licensee may | ||||||
19 | present to the Department a
motion in writing for a rehearing, | ||||||
20 | which shall specify the
particular grounds for rehearing. The | ||||||
21 | Department may
respond to the motion for rehearing within 20 | ||||||
22 | calendar
days after its service on the Department. If no motion | ||||||
23 | for
rehearing is filed, then upon the expiration of the time
| ||||||
24 | specified for filing such a motion, or upon denial of a motion | ||||||
25 | for rehearing, the Secretary may
enter an order in accordance | ||||||
26 | with the recommendations of
the Board or hearing officer. If |
| |||||||
| |||||||
1 | the applicant or licensee
orders from the reporting service and | ||||||
2 | pays for a
transcript of the record within the time for filing | ||||||
3 | a
motion for rehearing, the 20-day period within which a
motion | ||||||
4 | may be filed shall commence upon the delivery of
the transcript | ||||||
5 | to the applicant or licensee. The Board's findings of fact, | ||||||
6 | conclusions of law,
and recommendations shall be served on the | ||||||
7 | licensee in the
same manner as was the service of the notice of | ||||||
8 | formal
charges. Within 20 days after the service, any party to | ||||||
9 | the
proceeding may present to the Director a motion, in | ||||||
10 | writing,
specifying the grounds for a rehearing or | ||||||
11 | reconsideration of
the decision or sanctions.
| ||||||
12 | (c) If the Secretary disagrees in any regard with the
| ||||||
13 | report of the Board, the Secretary may issue an order contrary | ||||||
14 | to the report. The finding is not admissible
in evidence | ||||||
15 | against the person in a criminal prosecution
brought for the | ||||||
16 | violation of this Act, but the hearing and
findings are not a | ||||||
17 | bar to a criminal prosecution for the
violation of this Act. | ||||||
18 | The Director, following the time allowed for filing
a motion | ||||||
19 | for rehearing or reconsideration, shall review the
Board's | ||||||
20 | findings of fact, conclusions of law and
recommendations and | ||||||
21 | any subsequently filed motions. After
review of the | ||||||
22 | information, the Director may hear oral
arguments and | ||||||
23 | thereafter shall issue an order. The report of
findings of | ||||||
24 | fact, conclusions of law and recommendations of
the Board shall | ||||||
25 | be the basis for the Department's order. If | ||||||
26 | (d) Whenever
the Secretary is not satisfied Director finds |
| |||||||
| |||||||
1 | that substantial justice has been was not done, the Secretary
| ||||||
2 | Director may issue an order a rehearing by
the same or another | ||||||
3 | hearing officer in contravention of the Board's
| ||||||
4 | recommendations. The Director shall provide the
Board with a | ||||||
5 | written explanation of any deviation and shall
specify the | ||||||
6 | reasons for the action. The findings of the Board
and the | ||||||
7 | Director are not admissible as evidence against the
person in a | ||||||
8 | criminal prosecution brought for the violation of
this Act .
| ||||||
9 | (e) (d) All proceedings under this Section are matters of
| ||||||
10 | public record and shall be preserved.
| ||||||
11 | (f) (e) Upon the suspension or revocation of a license, the
| ||||||
12 | licensee shall surrender the license to the Department and,
| ||||||
13 | upon failure to do so, the Department shall seize the same.
| ||||||
14 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
15 | (225 ILCS 447/45-20)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
17 | Sec. 45-20. Summary Temporary suspension of a license. The | ||||||
18 | Secretary
Director may summarily temporarily suspend a license | ||||||
19 | without a hearing,
simultaneously with the initiation of the | ||||||
20 | procedure for a
hearing provided for in this Act, if the | ||||||
21 | Secretary Director finds that the public interest, safety, or | ||||||
22 | welfare requires such emergency action
evidence indicates that | ||||||
23 | a licensee's continuation in business
would constitute an | ||||||
24 | imminent danger to the public . If the Secretary summarily
| ||||||
25 | Director temporarily suspends a license without a hearing, a
|
| |||||||
| |||||||
1 | hearing by the Department shall be held within 30 days after
| ||||||
2 | the suspension has occurred. The suspended licensee may seek a
| ||||||
3 | continuance of the hearing, during which time the suspension
| ||||||
4 | shall remain in effect. The proceeding shall be concluded
| ||||||
5 | without appreciable delay. If the Department does not hold a
| ||||||
6 | hearing within 30 days after the date of suspension and the | ||||||
7 | suspended licensee did not seek a continuance, the
licensee's | ||||||
8 | license shall be automatically reinstated.
| ||||||
9 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
10 | (225 ILCS 447/45-25)
| ||||||
11 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
12 | Sec. 45-25. Disposition by consent order. At any point in | ||||||
13 | any investigation or disciplinary proceeding provided for in | ||||||
14 | the Act, both parties may agree to a negotiated consent order. | ||||||
15 | Disposition may
be made of any charge by consent order between | ||||||
16 | the
Department and the licensee. The Board shall be apprised of
| ||||||
17 | the consent order at its next meeting. The consent order shall | ||||||
18 | be final upon signature of the Secretary.
| ||||||
19 | (Source: P.A. 96-1445, eff. 8-20-10.)
| ||||||
20 | (225 ILCS 447/45-30)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
22 | Sec. 45-30.
Restoration of license after disciplinary
| ||||||
23 | proceedings. At any time after the successful completion of a | ||||||
24 | term of indefinite probation, indefinite suspension , or |
| |||||||
| |||||||
1 | revocation of a license, the Department may restore it to the | ||||||
2 | licensee , unless, after an investigation and a hearing, the | ||||||
3 | Secretary determines that restoration is not in the public | ||||||
4 | interest. No person or entity whose license, registration, or | ||||||
5 | authority has been revoked as authorized in this Act may apply | ||||||
6 | for restoration of that license, registration, or authority | ||||||
7 | until such time as provided for in the Civil Administrative | ||||||
8 | Code of Illinois upon the written recommendation of the Board | ||||||
9 | unless the Board determines after an investigation and a | ||||||
10 | hearing that restoration is not in the public interest .
| ||||||
11 | (Source: P.A. 96-1445, eff. 8-20-10.)
| ||||||
12 | (225 ILCS 447/45-45)
| ||||||
13 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
14 | Sec. 45-45. Prima facie proof. An order of revocation or
| ||||||
15 | suspension or placing a license on probationary status or
other | ||||||
16 | disciplinary action as the Department may consider
proper or a | ||||||
17 | certified copy thereof, over the seal of the
Department and | ||||||
18 | purporting to be signed by the Secretary Director , is
prima | ||||||
19 | facie proof that:
| ||||||
20 | (1) the signature is that of the Secretary Director ; | ||||||
21 | and
| ||||||
22 | (2) the Secretary Director is qualified to act . ; and
| ||||||
23 | (3) the members of the Board are qualified to act.
| ||||||
24 | (Source: P.A. 93-438, eff. 8-5-03.)
|
| |||||||
| |||||||
1 | (225 ILCS 447/45-50)
| ||||||
2 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
3 | Sec. 45-50. Unlicensed practice; fraud in obtaining a
| ||||||
4 | license. | ||||||
5 | (a) A person who violates any of the following
provisions | ||||||
6 | shall be guilty of a Class A misdemeanor; a person
who commits | ||||||
7 | a second or subsequent violation of these
provisions is guilty | ||||||
8 | of a Class 4 felony:
| ||||||
9 | (1) The practice of or attempted practice of or
holding | ||||||
10 | out as available to practice as a private detective,
| ||||||
11 | private security contractor, private alarm contractor, | ||||||
12 | fingerprint vendor, or
locksmith without a license.
| ||||||
13 | (2) Operation of or attempt to operate a private
| ||||||
14 | detective agency, private security contractor agency, | ||||||
15 | private
alarm contractor agency, fingerprint vendor | ||||||
16 | agency, or locksmith agency without ever
having been issued | ||||||
17 | a valid agency license.
| ||||||
18 | (3) The obtaining of or the attempt to obtain any
| ||||||
19 | license or authorization issued under this Act by | ||||||
20 | fraudulent
misrepresentation.
| ||||||
21 | (b) Whenever a licensee is convicted of a felony related
to | ||||||
22 | the violations set forth in this Section, the clerk of the
| ||||||
23 | court in any jurisdiction shall promptly report the conviction
| ||||||
24 | to the Department and the Department shall immediately revoke
| ||||||
25 | any license as a private detective, private security
| ||||||
26 | contractor, private alarm contractor, fingerprint vendor, or |
| |||||||
| |||||||
1 | locksmith held by
that licensee. The individual shall not be | ||||||
2 | eligible for
licensure under this Act until at least 10 years | ||||||
3 | have elapsed
since the time of full discharge from any sentence | ||||||
4 | imposed for
a felony conviction. If any person in making any | ||||||
5 | oath or
affidavit required by this Act swears falsely, the | ||||||
6 | person is
guilty of perjury and may be punished accordingly.
| ||||||
7 | (c) In addition to any other penalty provided by law, a
| ||||||
8 | person, licensed or unlicensed, who violates any provision of | ||||||
9 | this Section shall pay a
civil penalty to the Department in an | ||||||
10 | amount not to exceed
$10,000 for each offense, as determined by | ||||||
11 | the Department. The
civil penalty shall be imposed in | ||||||
12 | accordance with this Act. The civil penalty shall be paid | ||||||
13 | within 60 days after the effective date of the order imposing | ||||||
14 | the civil penalty. The order constitutes a judgment and may be | ||||||
15 | filed and executed in the same manner as any judgment from any | ||||||
16 | court of record.
| ||||||
17 | (Source: P.A. 95-613, eff. 9-11-07.)
| ||||||
18 | (225 ILCS 447/45-55)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
20 | Sec. 45-55. Subpoenas.
| ||||||
21 | (a) The Department , with the approval of a member of the | ||||||
22 | Board, may subpoena and bring before it any
person to take the | ||||||
23 | oral or written testimony or compel the production of any | ||||||
24 | books, papers, records, or any other documents that the | ||||||
25 | Secretary or his or her designee deems relevant or material to |
| |||||||
| |||||||
1 | any such investigation or hearing conducted by the Department
| ||||||
2 | with the same fees and in the
same manner as prescribed in | ||||||
3 | civil cases in the courts of this State.
| ||||||
4 | (b) Any circuit court, upon the application of the | ||||||
5 | applicant,
licensee, or the Department, the designated hearing | ||||||
6 | officer, or the Board, may order
the
attendance and testimony | ||||||
7 | of witnesses and the production of relevant documents, files, | ||||||
8 | records, books
and papers in connection with any hearing or | ||||||
9 | investigation.
The
circuit court may compel obedience to its | ||||||
10 | order by proceedings
for contempt.
| ||||||
11 | (c) The Secretary, the hearing officer, any member of the | ||||||
12 | Board, or a certified
shorthand court reporter may administer | ||||||
13 | oaths at any hearing
the Department conducts. Notwithstanding | ||||||
14 | any other statute or
Department rule to the contrary, all | ||||||
15 | requests for testimony,
production of documents or records | ||||||
16 | shall be in
accordance with this Act.
| ||||||
17 | (Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)
| ||||||
18 | (225 ILCS 447/45-60)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
20 | Sec. 45-60. Stenographers. The Department, at its
expense, | ||||||
21 | shall provide a stenographer to preserve a record of
all formal | ||||||
22 | hearing and pre-hearing proceedings if a license may be
| ||||||
23 | revoked, suspended, or placed on probationary status or other
| ||||||
24 | disciplinary action is taken. Any registrant or licensee who
is | ||||||
25 | found to have violated this Act or who fails to appear for
a |
| |||||||
| |||||||
1 | hearing to refuse to issue, restore, or renew a license or
to | ||||||
2 | discipline a licensee may be required by the Department to
pay | ||||||
3 | for the costs of the proceeding. These costs are limited
to | ||||||
4 | costs for court reporters, transcripts, and witness
attendance | ||||||
5 | and mileage fees. The Secretary may waive payment
of costs by a | ||||||
6 | registrant or licensee in whole or in part where
there is an | ||||||
7 | undue financial hardship. The notice of hearing, the
complaint, | ||||||
8 | all other documents in the nature of pleadings and
written | ||||||
9 | motions filed in the proceedings, the transcript of
testimony, | ||||||
10 | the report of the Board, and the orders of the
Department shall | ||||||
11 | constitute the record of the proceedings.
The Department shall | ||||||
12 | furnish a transcript of the record upon
payment of the costs of | ||||||
13 | copying and transmitting the record.
| ||||||
14 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
15 | (225 ILCS 447/50-5)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
17 | Sec. 50-5. Personnel; investigators. The Secretary | ||||||
18 | Director shall
employ, pursuant to the Personnel Code, | ||||||
19 | personnel, on a full-time or part-time
basis, for the | ||||||
20 | enforcement of this
Act. Each investigator shall have a minimum | ||||||
21 | of 2 years
investigative experience out of the immediately | ||||||
22 | preceding 5
years. No investigator may hold an active license | ||||||
23 | issued
pursuant to this Act, nor may an investigator have a | ||||||
24 | financial
interest in a business licensed under this Act. This
| ||||||
25 | prohibition, however, does not apply to an investigator
holding |
| |||||||
| |||||||
1 | stock in a business licensed under this Act, provided
the | ||||||
2 | investigator does not hold more than 5% of the stock in
the | ||||||
3 | business. Any person licensed under this Act who is
employed by | ||||||
4 | the Department shall surrender his or her license
to the | ||||||
5 | Department for the duration of that employment. The
licensee | ||||||
6 | shall be exempt from all renewal fees while employed.
While | ||||||
7 | employed by the Department, the licensee is not required
to | ||||||
8 | maintain the general liability insurance coverage required
by | ||||||
9 | this Act.
| ||||||
10 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
11 | (225 ILCS 447/50-10)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
13 | Sec. 50-10. The Private Detective,
Private Alarm, Private | ||||||
14 | Security, Fingerprint Vendor, and Locksmith Board. | ||||||
15 | (a) The Private Detective, Private
Alarm, Private | ||||||
16 | Security, Fingerprint Vendor, and Locksmith Board shall | ||||||
17 | consist of
13 members appointed by the Secretary Director and | ||||||
18 | comprised of 2
licensed private detectives, 3 licensed private | ||||||
19 | security
contractors, one licensed private detective or | ||||||
20 | licensed private security contractor who provides canine odor | ||||||
21 | detection services, 2 licensed private alarm contractors, one | ||||||
22 | licensed fingerprint vendor except for the initial appointment | ||||||
23 | who shall be required to have experience in the fingerprint | ||||||
24 | vendor industry that is acceptable to the Department, 2 | ||||||
25 | licensed
locksmiths, one public member who is not licensed or
|
| |||||||
| |||||||
1 | registered under this Act and who has no connection with a
| ||||||
2 | business licensed under this Act, and one member representing
| ||||||
3 | the employees registered under this Act. Each member shall be
a | ||||||
4 | resident of Illinois. Except for the initial appointment of a | ||||||
5 | licensed fingerprint vendor after the effective date of this | ||||||
6 | amendatory Act of the 95th General Assembly, each licensed | ||||||
7 | member shall have at
least 5 years experience as a licensee in | ||||||
8 | the professional
area in which the person is licensed and be in | ||||||
9 | good standing
and actively engaged in that profession. In | ||||||
10 | making
appointments, the Secretary Director shall consider the | ||||||
11 | recommendations
of the professionals and the professional | ||||||
12 | organizations
representing the licensees. The membership shall | ||||||
13 | reasonably
reflect the different geographic areas in Illinois.
| ||||||
14 | (b) Members shall serve 4 year terms and may serve until
| ||||||
15 | their successors are appointed. No member shall serve for
more | ||||||
16 | than 2 successive terms. Appointments to fill vacancies
shall | ||||||
17 | be made in the same manner as the original appointments
for the | ||||||
18 | unexpired portion of the vacated term. Members of the
Board in | ||||||
19 | office on the effective date of this Act pursuant to
the | ||||||
20 | Private Detective, Private Alarm, Private Security, and
| ||||||
21 | Locksmith Act of 1993 shall serve for the duration of their
| ||||||
22 | terms and may be appointed for one additional term.
| ||||||
23 | (c) A member of the Board may be removed for cause. A
| ||||||
24 | member subject to formal disciplinary proceedings shall
| ||||||
25 | disqualify himself or herself from all Board business until
the | ||||||
26 | charge is resolved. A member also shall disqualify
himself or |
| |||||||
| |||||||
1 | herself from any matter on which the member cannot
act | ||||||
2 | objectively.
| ||||||
3 | (d) Members shall receive compensation as set by law.
Each | ||||||
4 | member shall receive reimbursement as set by the
Governor's | ||||||
5 | Travel Control Board for expenses incurred in
carrying out the | ||||||
6 | duties as a Board member.
| ||||||
7 | (e) A majority of Board members constitutes a quorum. A
| ||||||
8 | majority vote of the quorum is required for a decision.
| ||||||
9 | (f) The Board shall elect a chairperson and vice
| ||||||
10 | chairperson.
| ||||||
11 | (g) Board members are not liable for their acts,
omissions, | ||||||
12 | decisions, or other conduct in connection with
their duties on | ||||||
13 | the Board, except those determined to be
willful, wanton, or | ||||||
14 | intentional misconduct.
| ||||||
15 | (h) The Board may recommend policies, procedures, and
rules | ||||||
16 | relevant to the administration and enforcement of this
Act.
| ||||||
17 | (Source: P.A. 95-613, eff. 9-11-07; 96-1445, eff. 8-20-10.)
| ||||||
18 | (225 ILCS 447/50-15)
| ||||||
19 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
20 | Sec. 50-15. Powers and duties of the Department. Subject to | ||||||
21 | the provisions of this Act, the Department may exercise the | ||||||
22 | following powers and duties:
| ||||||
23 | (1) Prescribe forms to be issued for
the administration | ||||||
24 | and enforcement of this Act.
| ||||||
25 | (2) Authorize examinations to ascertain the |
| |||||||
| |||||||
1 | qualifications and fitness of applicants for licensing as a | ||||||
2 | licensed fingerprint vendor, locksmith, private alarm | ||||||
3 | contractor, private detective, or private security | ||||||
4 | contractor and pass upon the qualifications of applicants | ||||||
5 | for licensure. | ||||||
6 | (3) Examine the records of licensees or investigate any | ||||||
7 | other aspect of fingerprint vending, locksmithing, private | ||||||
8 | alarm contracting, private security contracting, or | ||||||
9 | practicing as a private detective that is relevant to the | ||||||
10 | Department's investigation or hearing. | ||||||
11 | (4) Conduct hearings on proceedings to refuse to issue | ||||||
12 | or renew licenses or to revoke, suspend, place on | ||||||
13 | probation, reprimand, or otherwise discipline a license | ||||||
14 | under this Act or take other non-disciplinary action. | ||||||
15 | (5) Adopt rules required for the administration of this | ||||||
16 | Act. | ||||||
17 | (6) Maintain rosters of the names and addresses of all | ||||||
18 | licensees and all persons whose licenses have been | ||||||
19 | suspended, revoked, denied renewal, or otherwise | ||||||
20 | disciplined within the previous calendar year. These | ||||||
21 | rosters shall be available upon written request and payment | ||||||
22 | of the required fee as established by rule. | ||||||
23 | (Source: P.A. 96-1445, eff. 8-20-10.)
| ||||||
24 | (225 ILCS 447/50-50 new) | ||||||
25 | Sec. 50-50. Confidentiality. All information collected by |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | the
Department in the course of an examination or investigation | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | of a licensee or
applicant, including, but not limited to, any | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | complaint against a licensee
filed with the Department and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | information collected to investigate any such
complaint, shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | be maintained for the confidential use of the Department and
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | shall not be disclosed. The Department shall not disclose the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | information to
anyone other than law enforcement officials, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | regulatory agencies that have an
appropriate regulatory | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | interest as determined by the Secretary, or a party
presenting | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | a lawful subpoena to the Department. Information and documents
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | disclosed to a federal, State, county, or local law enforcement | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | agency shall
not be disclosed by the agency for any purpose to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | any other agency or person.
A formal complaint filed against a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | licensee by the Department or any order
issued by the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Department against a licensee or applicant shall be a public
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | record, except as otherwise prohibited by law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | (225 ILCS 447/10-40 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Section 15. The Private Detective, Private Alarm, Private | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | amended by repealing Section 10-40.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | becoming law.
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||