Full Text of HB4863 95th General Assembly
HB4863eng 95TH GENERAL ASSEMBLY
|
|
|
HB4863 Engrossed |
|
LRB095 18928 RAS 45081 b |
|
| 1 |
| AN ACT concerning regulation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Private Detective, Private Alarm, Private | 5 |
| Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 6 |
| amended by changing Sections 5-10 and 35-45 as follows:
| 7 |
| (225 ILCS 447/5-10)
| 8 |
| (Section scheduled to be repealed on January 1, 2014)
| 9 |
| Sec. 5-10. Definitions. As used in this Act:
| 10 |
| "Advertisement" means any printed material that is | 11 |
| published in a phone book,
newspaper, magazine, pamphlet, | 12 |
| newsletter, or other similar type of publication
that is
| 13 |
| intended to either attract business or merely provide contact | 14 |
| information to
the public for
an agency or licensee. | 15 |
| Advertisement shall include any material disseminated by
| 16 |
| printed or electronic means or media, but shall not include a | 17 |
| licensee's or an
agency's
letterhead, business cards, or other | 18 |
| stationery used in routine business
correspondence or
| 19 |
| customary name, address, and number type listings in a | 20 |
| telephone directory.
| 21 |
| "Alarm system" means any system, including an electronic | 22 |
| access control
system, a
surveillance video system, a security | 23 |
| video system, a burglar alarm system, a
fire alarm
system, or |
|
|
|
HB4863 Engrossed |
- 2 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| any other electronic system, that activates an audible, | 2 |
| visible,
remote, or
recorded signal that is designed for the | 3 |
| protection or detection of intrusion,
entry, theft,
fire, | 4 |
| vandalism, escape, or trespass.
| 5 |
| "Armed employee" means a licensee or registered person who | 6 |
| is employed by an
agency licensed or an armed proprietary | 7 |
| security force registered under this
Act who carries a weapon | 8 |
| while engaged in the
performance
of official duties within the | 9 |
| course and scope of his or her employment during
the hours
and | 10 |
| times the employee is scheduled to work or is commuting between | 11 |
| his or her
home or
place of employment, provided that commuting | 12 |
| is accomplished within one hour
from
departure from home or | 13 |
| place of employment.
| 14 |
| "Armed proprietary security force" means a security force | 15 |
| made up of 5 or
more
armed individuals employed by a private, | 16 |
| commercial, or industrial operation or
one or
more armed | 17 |
| individuals employed by a financial institution as security | 18 |
| officers
for the
protection of persons or property or a | 19 |
| commercial or industrial operation that elects to register its | 20 |
| security force with the Department .
| 21 |
| "Board" means the Private Detective, Private Alarm, | 22 |
| Private Security, Fingerprint Vendor, and
Locksmith Board.
| 23 |
| "Branch office" means a business location removed from the | 24 |
| place of business
for which an agency license has been issued, | 25 |
| including, but not limited to,
locations where active employee | 26 |
| records that are required to be maintained
under this Act are |
|
|
|
HB4863 Engrossed |
- 3 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| kept, where prospective new
employees
are processed, or where | 2 |
| members of the public are invited in to transact
business. A
| 3 |
| branch office does not include an office or other facility | 4 |
| located on the
property of an
existing client that is utilized | 5 |
| solely for the benefit of that client and is
not owned or
| 6 |
| leased by the agency.
| 7 |
| "Canine handler" means a person who uses or handles a | 8 |
| trained dog
to protect persons or property or
to conduct | 9 |
| investigations. | 10 |
| "Canine handler authorization card" means a card issued by | 11 |
| the Department that authorizes
the holder to use or handle a | 12 |
| trained dog to protect persons or property or to conduct
| 13 |
| investigations during the performance of his or her duties as | 14 |
| specified in this Act. | 15 |
| "Canine trainer" means a person who acts as a dog trainer | 16 |
| for the purpose of training dogs to protect
persons or property | 17 |
| or to conduct investigations. | 18 |
| "Canine trainer authorization card" means a card issued by | 19 |
| the Department that authorizes the
holder to train a dog to | 20 |
| protect persons or property or to conduct investigations during | 21 |
| the
performance of his or her duties as specified in this Act. | 22 |
| "Canine training facility" means a facility operated by a | 23 |
| licensed private detective agency or private
security agency | 24 |
| wherein dogs are trained for the purposes of protecting persons | 25 |
| or property or to
conduct investigations.
| 26 |
| "Corporation" means an artificial person or legal entity |
|
|
|
HB4863 Engrossed |
- 4 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| created by or under
the
authority of the laws of a state, | 2 |
| including without limitation a corporation,
limited liability | 3 |
| company, or any other legal entity.
| 4 |
| "Department" means the Department of Financial and
| 5 |
| Professional Regulation.
| 6 |
| "Employee" means a person who works for a person or agency | 7 |
| that has the
right to
control the details of the work performed | 8 |
| and is not dependent upon whether or
not
federal or state | 9 |
| payroll taxes are withheld.
| 10 |
| "Fingerprint vendor" means a person that offers, | 11 |
| advertises, or provides services to fingerprint individuals, | 12 |
| through electronic or other means, for the purpose of providing | 13 |
| fingerprint images and associated demographic data to the | 14 |
| Department of State Police for processing fingerprint based | 15 |
| criminal history record information inquiries. | 16 |
| "Fingerprint vendor agency" means a person, firm, | 17 |
| corporation, or other legal entity that engages in the | 18 |
| fingerprint vendor business and employs, in addition to the | 19 |
| fingerprint vendor licensee-in-charge, at least one other | 20 |
| person in conducting that business. | 21 |
| "Fingerprint vendor licensee-in-charge" means a person who | 22 |
| has been designated by a fingerprint vendor agency to be the | 23 |
| licensee-in-charge of an agency who is a full-time management | 24 |
| employee or owner who assumes sole responsibility for | 25 |
| maintaining all records required by this Act and who assumes | 26 |
| sole responsibility for assuring the licensed agency's |
|
|
|
HB4863 Engrossed |
- 5 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| compliance with its responsibilities as stated in this Act. The | 2 |
| Department shall adopt rules mandating licensee-in-charge | 3 |
| participation in agency affairs.
| 4 |
| "Fire alarm system" means any system that is activated by | 5 |
| an automatic or
manual device in the detection of smoke, heat, | 6 |
| or fire that activates an
audible, visible, or
remote signal | 7 |
| requiring a response.
| 8 |
| "Firearm control card" means a card issued by the | 9 |
| Department that
authorizes
the holder, who has complied with | 10 |
| the training and other requirements of this Act, to carry a | 11 |
| weapon during the performance of his or her duties as
specified | 12 |
| in
this Act.
| 13 |
| "Firm" means an unincorporated business entity, including | 14 |
| but not limited to
proprietorships and partnerships.
| 15 |
| "Locksmith" means
a person who engages in a business or | 16 |
| holds himself out to the public as
providing a service that | 17 |
| includes, but is not limited to, the servicing,
installing, | 18 |
| originating first keys, re-coding, repairing, maintaining,
| 19 |
| manipulating, or bypassing of a mechanical or electronic | 20 |
| locking device, access
control or video surveillance system at | 21 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 22 |
| automatic teller machines.
| 23 |
| "Locksmith agency" means a person, firm, corporation, or | 24 |
| other legal entity
that engages
in the
locksmith business and | 25 |
| employs, in addition to the locksmith
licensee-in-charge, at | 26 |
| least
one other person in conducting such business.
|
|
|
|
HB4863 Engrossed |
- 6 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| "Locksmith licensee-in-charge" means a person who has been | 2 |
| designated by
agency to be the licensee-in-charge of an agency,
| 3 |
| who is a
full-time management employee or owner who assumes | 4 |
| sole responsibility
for
maintaining all records required by | 5 |
| this Act, and who assumes sole
responsibility for
assuring the | 6 |
| licensed agency's compliance with its responsibilities as | 7 |
| stated
in this Act. The Department shall adopt rules mandating | 8 |
| licensee-in-charge
participation in agency affairs.
| 9 |
| "Peace officer" or "police officer" means a person who, by | 10 |
| virtue of office
or
public
employment, is vested by law with a | 11 |
| duty to maintain public order or to make
arrests for
offenses, | 12 |
| whether that duty extends to all offenses or is limited to | 13 |
| specific
offenses.
Officers, agents, or employees of the | 14 |
| federal government commissioned by
federal
statute
to make | 15 |
| arrests for violations of federal laws are considered peace | 16 |
| officers.
| 17 |
| "Permanent employee registration card" means a card issued | 18 |
| by the Department
to an
individual who has applied to the | 19 |
| Department and meets the requirements for
employment by a | 20 |
| licensed agency under this Act.
| 21 |
| "Person" means a natural person.
| 22 |
| "Private alarm contractor" means a person who engages in a | 23 |
| business that
individually or through others undertakes, | 24 |
| offers to undertake, purports to
have the
capacity to | 25 |
| undertake, or submits a bid to sell, install, design, monitor, | 26 |
| maintain,
alter, repair,
replace, or service alarm and other |
|
|
|
HB4863 Engrossed |
- 7 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| security-related systems or parts thereof,
including fire
| 2 |
| alarm systems, at protected premises or premises to be | 3 |
| protected or responds to
alarm
systems at a protected premises | 4 |
| on an emergency basis and not as a full-time
security officer. | 5 |
| "Private alarm contractor" does not include a person, firm,
or
| 6 |
| corporation that
manufactures or sells alarm systems
only from | 7 |
| its place of business and does not sell, install, monitor, | 8 |
| maintain,
alter, repair, replace, service, or respond to alarm | 9 |
| systems at protected
premises or premises to be protected.
| 10 |
| "Private alarm contractor agency" means a person, | 11 |
| corporation, or other
entity
that
engages in the private alarm | 12 |
| contracting business and employs, in addition to
the private
| 13 |
| alarm contractor-in-charge, at least one other person in | 14 |
| conducting such
business.
| 15 |
| "Private alarm contractor licensee-in-charge" means a | 16 |
| person who has been
designated by an
agency to be the | 17 |
| licensee-in-charge of an agency, who is a full-time management
| 18 |
| employee or owner who
assumes sole
responsibility for | 19 |
| maintaining all records required by this Act, and who
assumes
| 20 |
| sole
responsibility for assuring the licensed agency's | 21 |
| compliance with its
responsibilities as
stated in this Act.
The | 22 |
| Department shall adopt rules mandating licensee-in-charge | 23 |
| participation in
agency affairs.
| 24 |
| "Private detective" means any person who by any means, | 25 |
| including, but not
limited to, manual, canine odor detection,
| 26 |
| or electronic methods, engages in the business of, accepts
|
|
|
|
HB4863 Engrossed |
- 8 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| employment
to furnish, or agrees to make or makes | 2 |
| investigations for a fee or other
consideration to
obtain | 3 |
| information relating to:
| 4 |
| (1) Crimes or wrongs done or threatened against the | 5 |
| United States, any
state or
territory of the United States, | 6 |
| or any local government of a state or
territory.
| 7 |
| (2) The identity, habits, conduct, business | 8 |
| occupation, honesty,
integrity,
credibility, knowledge, | 9 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 10 |
| whereabouts, affiliations, associations, transactions, | 11 |
| acts,
reputation, or character of any person, firm, or | 12 |
| other entity by any means,
manual or electronic.
| 13 |
| (3) The location, disposition, or recovery of lost or | 14 |
| stolen property.
| 15 |
| (4) The cause, origin, or responsibility for fires, | 16 |
| accidents, or injuries
to
individuals or real or personal | 17 |
| property.
| 18 |
| (5) The truth or falsity of any statement or | 19 |
| representation.
| 20 |
| (6) Securing evidence to be used before any court, | 21 |
| board, or investigating
body.
| 22 |
| (7) The protection of individuals from bodily harm or | 23 |
| death (bodyguard
functions).
| 24 |
| (8) Service of process in criminal and civil | 25 |
| proceedings without court
order.
| 26 |
| "Private detective agency" means a person, firm, |
|
|
|
HB4863 Engrossed |
- 9 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| corporation, or other legal
entity that engages
in the
private | 2 |
| detective business and employs, in addition to the | 3 |
| licensee-in-charge,
one or more
persons in conducting such | 4 |
| business.
| 5 |
| "Private detective licensee-in-charge" means a person who | 6 |
| has been designated
by an agency
to be the licensee-in-charge | 7 |
| of an
agency,
who is a full-time management employee or owner
| 8 |
| who assumes sole
responsibility
for
maintaining all records | 9 |
| required by this Act, and who assumes sole
responsibility
for | 10 |
| assuring
the licensed agency's compliance with its | 11 |
| responsibilities as stated in this
Act. The Department shall | 12 |
| adopt rules mandating licensee-in-charge
participation in | 13 |
| agency affairs.
| 14 |
| "Private security contractor" means a person who engages in | 15 |
| the business of
providing a private security officer, watchman, | 16 |
| patrol, guard dog, canine odor detection, or a similar service | 17 |
| by
any other
title or name on a contractual basis for another | 18 |
| person, firm, corporation, or
other entity
for a fee or other | 19 |
| consideration and performing one or more of the following
| 20 |
| functions:
| 21 |
| (1) The prevention or detection of intrusion, entry, | 22 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 23 |
| governmental property.
| 24 |
| (2) The prevention, observation, or detection of any | 25 |
| unauthorized activity
on
private or governmental property.
| 26 |
| (3) The protection of persons authorized to be on the |
|
|
|
HB4863 Engrossed |
- 10 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| premises of the
person,
firm, or other entity for which the | 2 |
| security contractor contractually provides
security | 3 |
| services.
| 4 |
| (4) The prevention of the misappropriation or | 5 |
| concealment of goods, money,
bonds, stocks, notes, | 6 |
| documents, or papers.
| 7 |
| (5) The control, regulation, or direction of the | 8 |
| movement of the public
for
the
time specifically required | 9 |
| for the protection of property owned or controlled
by the | 10 |
| client.
| 11 |
| (6) The protection of individuals from bodily harm or | 12 |
| death (bodyguard
functions).
| 13 |
| "Private security contractor agency" means a person, firm, | 14 |
| corporation, or
other legal entity that
engages in
the private | 15 |
| security contractor business and that employs, in addition to | 16 |
| the
licensee-in-charge, one or more persons in conducting such | 17 |
| business.
| 18 |
| "Private security contractor licensee-in-charge" means a | 19 |
| person who has been
designated by an agency to be the
| 20 |
| licensee-in-charge of an
agency, who is a full-time management | 21 |
| employee or owner
who assumes sole responsibility for | 22 |
| maintaining all records required by this
Act, and who
assumes | 23 |
| sole responsibility for assuring the licensed agency's | 24 |
| compliance with
its
responsibilities as
stated in this Act. The | 25 |
| Department shall adopt rules mandating
licensee-in-charge | 26 |
| participation in agency affairs.
|
|
|
|
HB4863 Engrossed |
- 11 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| "Public member" means a person who is not a licensee or | 2 |
| related to a
licensee, or who is not an employer or employee of | 3 |
| a licensee. The term
"related to" shall be determined by the | 4 |
| rules of the Department.
| 5 |
| "Secretary" means the Secretary of Financial and | 6 |
| Professional Regulation.
| 7 |
| (Source: P.A. 95-613, eff. 9-11-07.)
| 8 |
| (225 ILCS 447/35-45)
| 9 |
| (Section scheduled to be repealed on January 1, 2014)
| 10 |
| Sec. 35-45. Armed proprietary security force.
| 11 |
| (a) All financial institutions that employ one or more
| 12 |
| armed employees and all private, commercial , or
industrial | 13 |
| operations that employ 5 or more persons as armed
employees | 14 |
| shall register their security forces
with the Department on | 15 |
| forms provided by the Department. | 16 |
| (a-5) A commercial or industrial operation that employs | 17 |
| less than 5 employees in an armed capacity and maintains a | 18 |
| federal Facility Security Clearance (FCL), as defined in 10 CFR | 19 |
| 95.5, may, but is not required to, register as a proprietary | 20 |
| security force. An armed employee of an operation that elects | 21 |
| to register under this subsection (a-5) may provide armed | 22 |
| employee functions in the performance of his or her overall job | 23 |
| duties and is not required to be employed with the operation as | 24 |
| an armed employee on a full-time basis. Notwithstanding any | 25 |
| other rulemaking authority that may exist, neither the Governor |
|
|
|
HB4863 Engrossed |
- 12 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| nor any agency or agency head under the jurisdiction of the | 2 |
| Governor has any authority to make or promulgate rules to | 3 |
| implement or enforce the provisions of this amendatory Act of | 4 |
| the 95th General Assembly. If, however, the Governor believes | 5 |
| that rules are necessary to implement or enforce the provisions | 6 |
| of this amendatory Act of the 95th General Assembly, the | 7 |
| Governor may suggest rules to the General Assembly by filing | 8 |
| them with the Clerk of the House and Secretary of the Senate | 9 |
| and by requesting that the General Assembly authorize such | 10 |
| rulemaking by law, enact those suggested rules into law, or | 11 |
| take any other appropriate action in the General Assembly's | 12 |
| discretion. Nothing contained in this amendatory Act of the | 13 |
| 95th General Assembly shall be interpreted to grant rulemaking | 14 |
| authority under any other Illinois statute where such authority | 15 |
| is not otherwise explicitly given. For the purposes of this | 16 |
| amendatory Act of the 95th General Assembly, "rules" is given | 17 |
| the meaning contained in Section 1-70 of the Illinois | 18 |
| Administrative Procedure Act, and "agency" and "agency head" | 19 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 20 |
| the Illinois Administrative Procedure Act to the extent that | 21 |
| such definitions apply to agencies or agency heads under the | 22 |
| jurisdiction of the Governor.
| 23 |
| (b) All armed employees of the registered
proprietary | 24 |
| security force must complete a 20-hour basic
training course | 25 |
| and 20-hour firearm training.
| 26 |
| (c) Every proprietary security force is required to
apply |
|
|
|
HB4863 Engrossed |
- 13 - |
LRB095 18928 RAS 45081 b |
|
| 1 |
| to the Department, on forms supplied by the Department,
for a | 2 |
| firearm control card for each armed employee.
| 3 |
| (d) The Department may provide rules for the
administration | 4 |
| of this Section.
| 5 |
| (Source: P.A. 95-613, eff. 9-11-07.)
|
|