Full Text of HB0902 94th General Assembly
HB0902ham001 94TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 4/11/2005
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| AMENDMENT TO HOUSE BILL 902
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| AMENDMENT NO. ______. Amend House Bill 902 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, and
Locksmith Act of 2004 is amended by changing | 6 |
| Sections 20-10, 35-10, 35-35, and 45-55 follows:
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| (225 ILCS 447/20-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 20-10. Qualifications for licensure as a private
alarm | 10 |
| contractor.
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| (a) A person is qualified for licensure as a private
alarm | 12 |
| contractor if he or she meets all of the following
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| requirements:
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| (1) Is at least 21 years of age.
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| (2) Has not been convicted of any felony in any
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| jurisdiction or at least 10 years have elapsed since the | 17 |
| time
of full discharge from a sentence imposed for a felony
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| conviction.
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| (3) Is of good moral character. Good moral
character is | 20 |
| a continuing requirement of licensure.
Conviction of | 21 |
| crimes other than felonies may be used in
determining moral | 22 |
| character, but shall not constitute an
absolute bar to | 23 |
| licensure.
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| (4) Has not been declared by any court of competent
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| jurisdiction to be incompetent by reason of mental or | 2 |
| physical
defect or disease, unless a court has subsequently | 3 |
| declared
him or her to be competent.
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| (5) Is not suffering from dependence on alcohol or
from | 5 |
| narcotic addiction or dependence.
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| (6) Has a minimum of 3 years experience of the 5
years | 7 |
| immediately preceding application working as a full-time
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| manager for a licensed private alarm contractor agency or | 9 |
| for
an entity that designs, sells, installs, services, or | 10 |
| monitors
alarm systems that, in the judgment of the Board, | 11 |
| satisfies
the standards of alarm industry competence. An | 12 |
| applicant who
has received a 4-year degree or higher in | 13 |
| electrical
engineering or a related field from a program | 14 |
| approved by the
Board shall be given credit for 2 years of | 15 |
| the required
experience. An applicant who has successfully | 16 |
| completed a
national certification program approved by the | 17 |
| Board shall be
given credit for one year of the required | 18 |
| experience.
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| (7) Has not been dishonorably discharged from the
armed | 20 |
| forces of the United States.
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| (8) Has passed an examination authorized by the
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| Department.
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| (9) Submits his or her fingerprints, proof of
having | 24 |
| general liability insurance required under subsection
(c), | 25 |
| and the required license fee.
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| (10) Has not violated Section 10-5 of this Act.
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| (b) (Blank).
A person is qualified to receive a license as | 28 |
| a private alarm contractor
without meeting the requirement of | 29 |
| item (8) of subsection (a) if he or she:
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| (1) applies for a license between September 2, 2003 and | 31 |
| September 5, 2003
in writing on forms supplied by the
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| Department;
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| (2) provides proof of ownership of a licensed alarm | 34 |
| contractor agency;
and
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| (3) provides proof of at least 7 years of experience in | 2 |
| the installation,
design, sales, repair, maintenance, | 3 |
| alteration, or service of alarm systems or
any other low | 4 |
| voltage electronic systems.
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| (c) It is the responsibility of the applicant to obtain
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| general liability insurance in an amount and coverage
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| appropriate for the applicant's circumstances as determined by
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| rule. The applicant shall provide evidence of insurance to
the | 9 |
| Department before being issued a license. Failure to
maintain | 10 |
| general liability insurance and to provide the
Department with | 11 |
| written proof of the insurance shall result in
cancellation of | 12 |
| the license.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/35-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 35-10. Inspection of facilities. Each licensee shall
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| permit his or her office facilities and registered employee
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| files to be audited or inspected at reasonable times and in a
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| reasonable manner upon 24 hours notice by the Department .
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/35-35)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 35-35. Requirement of a firearm authorization card.
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| (a) No person shall perform duties that include the use,
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| carrying, or possession of a firearm in the performance of
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| those duties without complying with the provisions of this
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| Section and having been issued a valid firearm authorization
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| card by the Department.
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| (b) No employer shall employ any person to perform the
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| duties for which employee registration is required and allow
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| that person to carry a firearm unless that person has complied
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| with all the firearm training requirements of this Section and
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| has been issued a firearm authorization card. This Act
permits | 2 |
| only the following to carry firearms while actually
engaged in | 3 |
| the performance of their duties or while commuting
directly to | 4 |
| or from their places of employment: persons
licensed as private | 5 |
| detectives and their registered employees;
persons licensed as | 6 |
| private security contractors and their
registered employees; | 7 |
| persons licensed as private alarm
contractors and their | 8 |
| registered employees; and employees of a
registered armed | 9 |
| proprietary security force.
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| (c) Possession of a valid firearm authorization card
allows | 11 |
| an employee to carry a firearm not otherwise prohibited
by law | 12 |
| while the employee is engaged in the performance of his
or her | 13 |
| duties or while the employee is commuting directly to
or from | 14 |
| the employee's place or places of employment, provided
that | 15 |
| this is accomplished within one hour from departure from
home | 16 |
| or place of employment.
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| (d) The Department shall issue a firearm authorization
card | 18 |
| to a person who has passed an approved firearm training
course, | 19 |
| who is currently employed by an agency licensed by
this Act and | 20 |
| has met all the requirements of this Act, and who
possesses a | 21 |
| valid firearm owner identification card.
Application for the | 22 |
| firearm authorization card shall be made
by the employer to the | 23 |
| Department on forms provided by the
Department. The Department | 24 |
| shall forward the card to the
employer who shall be responsible | 25 |
| for its issuance to the
employee. The firearm authorization | 26 |
| card shall be issued by
the Department and shall identify the | 27 |
| person holding it and
the name of the course where the employee | 28 |
| received firearm
instruction and shall specify the type of | 29 |
| weapon or weapons
the person is authorized by the Department to | 30 |
| carry and for
which the person has been trained.
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| (e) Expiration and requirements for renewal of firearm
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| authorization cards shall be determined by rule.
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| (f) The Department may, in addition to any other
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| disciplinary action permitted by this Act, refuse to issue,
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| suspend, or revoke a firearm authorization card if the
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| applicant or holder has been convicted of any felony or crime
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| involving the illegal use, carrying, or possession of a deadly
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| weapon or for a violation of this Act or rules promulgated
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| under this Act. The Department shall refuse to issue or shall
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| revoke a firearm authorization card if the applicant or holder
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| fails to possess a valid firearm owners identification card.
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| The Director shall summarily suspend a firearm authorization
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| card if the Director finds that its continued use would
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| constitute an imminent danger to the public. A hearing shall
be | 11 |
| held before the Board within 30 days if the Director
summarily | 12 |
| suspends a firearm authorization card.
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| (g) Notwithstanding any other provision of this Act to the
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| contrary, all requirements relating to firearms authorization
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| cards do not apply to a peace officer.
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| (h) The Department may issue a Certificate of Temporary | 17 |
| Firearm Authorization pending issuance of a new firearm | 18 |
| authorization card. An agency that has acquired armed employees | 19 |
| as a result of acquiring an established armed account may, on | 20 |
| forms supplied by the Department, request the issuance of a | 21 |
| Certificate of Temporary Firearm Authorization for each | 22 |
| acquired employee who held a valid firearm authorization card | 23 |
| under his or her employment with the newly acquired established | 24 |
| armed account immediately preceding the acquiring of the | 25 |
| account and who continues to meet all of the qualifications for | 26 |
| issuance of a firearm authorization card set forth in this Act | 27 |
| and any rules adopted under this Act. The Department shall, by | 28 |
| rule, set the fee for issuance of a Certificate of Temporary | 29 |
| Firearm Authorization.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/45-55)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 45-55. Subpoenas.
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| (a) The Department , by the Secretary or a person designated | 2 |
| by him or her, may, at any time during the course of any | 3 |
| investigation or hearing conducted pursuant to this Act, | 4 |
| subpoena witnesses, take evidence, and compel the production of | 5 |
| any books, papers, records, or any other documents that the | 6 |
| Secretary or his or her designee deems relevant or material to | 7 |
| any such investigation or hearing conducted by the Department
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| may subpoena and bring before it any
person to take the | 9 |
| testimony with the same fees and in the
same manner as | 10 |
| prescribed in civil cases in circuit courts of this State .
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| (b) Any circuit court, upon the application of the
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| licensee, the Department, or the Board, may order
the
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| attendance of witnesses and the production of relevant books
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| and papers before the Board in any hearing under this Act.
The
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| circuit court may compel obedience to its order by proceedings
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| for contempt.
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| (c) The Director, the hearing officer or a certified
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| shorthand court reporter may administer oaths at any hearing
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| the Department conducts. Notwithstanding any other statute or
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| Department rule to the contrary, all requests for testimony,
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| production of documents or records shall be in
accordance with | 22 |
| this Act.
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| (Source: P.A. 93-438, eff. 8-5-03.)".
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