Full Text of SB1424 95th General Assembly
SB1424eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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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 5-10, 10-5, 10-10, 10-25, 15-10, 25-10, 35-10, 40-10, | 7 |
| and 50-10 and by adding Sections 5-3, 35-41, 35-42, and 35-43 | 8 |
| as follows: | 9 |
| (225 ILCS 447/5-3 new) | 10 |
| Sec. 5-3. References to Department or Director of | 11 |
| Professional Regulation. References in this Act (i) to the | 12 |
| Department of Professional Regulation are
deemed, in | 13 |
| appropriate contexts, to be references to the Department of | 14 |
| Financial and Professional Regulation
and (ii) to the Director | 15 |
| of Professional Regulation are
deemed, in appropriate | 16 |
| contexts, to be references to the Secretary of Financial and | 17 |
| Professional Regulation.
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| (225 ILCS 447/5-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 5-10. Definitions. As used in this Act:
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| "Advertisement" means any printed material that is | 22 |
| published in a phone book,
newspaper, magazine, pamphlet, |
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| newsletter, or other similar type of publication
that is
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| intended to either attract business or merely provide contact | 3 |
| information to
the public for
an agency or licensee. | 4 |
| Advertisement shall include any material disseminated by
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| printed or electronic means or media, but shall not include a | 6 |
| licensee's or an
agency's
letterhead, business cards, or other | 7 |
| stationery used in routine business
correspondence or
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| customary name, address, and number type listings in a | 9 |
| telephone directory.
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| "Alarm system" means any system, including an electronic | 11 |
| access control
system, a
surveillance video system, a security | 12 |
| video system, a burglar alarm system, a
fire alarm
system, or | 13 |
| any other electronic system, that activates an audible, | 14 |
| visible,
remote, or
recorded signal that is designed for the | 15 |
| protection or detection of intrusion,
entry, theft,
fire, | 16 |
| vandalism, escape, or trespass.
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| "Armed employee" means a licensee or registered person who | 18 |
| is employed by an
agency licensed or an armed proprietary | 19 |
| security force registered under this
Act who carries a weapon | 20 |
| while engaged in the
performance
of official duties within the | 21 |
| course and scope of his or her employment during
the hours
and | 22 |
| times the employee is scheduled to work or is commuting between | 23 |
| his or her
home or
place of employment, provided that commuting | 24 |
| is accomplished within one hour
from
departure from home or | 25 |
| place of employment.
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| "Armed proprietary security force" means a security force |
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| made up of 5 or
more
armed individuals employed by a private, | 2 |
| commercial, or industrial operation or
one or
more armed | 3 |
| individuals employed by a financial institution as security | 4 |
| officers
for the
protection of persons or property.
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| "Board" means the Private Detective, Private Alarm, | 6 |
| Private Security, and
Locksmith Board.
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| "Branch office" means a business location removed from the | 8 |
| place of business
for which an agency license has been issued, | 9 |
| including but not limited to
locations where active employee | 10 |
| records that are required to be maintained
under this Act are | 11 |
| kept, where prospective new
employees
are processed, or where | 12 |
| members of the public are invited in to transact
business. A
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| branch office does not include an office or other facility | 14 |
| located on the
property of an
existing client that is utilized | 15 |
| solely for the benefit of that client and is
not owned or
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| leased by the agency.
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| "Canine handler" means a person who uses or handles a | 18 |
| trained dog
to protect persons or property or
to conduct | 19 |
| investigations. | 20 |
| "Canine handler authorization card" means a card issued by | 21 |
| the Department that authorizes
the holder to use or handle a | 22 |
| trained dog to protect persons or property or to conduct
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| investigations during the performance of his or her duties as | 24 |
| specified in this Act. | 25 |
| "Canine trainer" means a person who acts as a dog trainer | 26 |
| for the purpose of training dogs to protect
persons or property |
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| or to conduct investigations. | 2 |
| "Canine trainer authorization card" means a card issued by | 3 |
| the Department that authorizes the
holder to train a dog to | 4 |
| protect persons or property or to conduct investigations during | 5 |
| the
performance of his or her duties as specified in this Act. | 6 |
| "Canine training facility" means a facility operated by a | 7 |
| licensed private detective agency or private
security agency | 8 |
| wherein dogs are trained for the purposes of protecting persons | 9 |
| or property or to
conduct investigations.
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| "Corporation" means an artificial person or legal entity | 11 |
| created by or under
the
authority of the laws of a state, | 12 |
| including without limitation a corporation,
limited liability | 13 |
| company, or any other legal entity.
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| "Department" means the Department of Professional | 15 |
| Regulation.
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| "Director" means the Director of Professional Regulation.
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| "Employee" means a person who works for a person or agency | 18 |
| that has the
right to
control the details of the work performed | 19 |
| and is not dependent upon whether or
not
federal or state | 20 |
| payroll taxes are withheld.
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| "Fire alarm system" means any system that is activated by | 22 |
| an automatic or
manual device in the detection of smoke, heat, | 23 |
| or fire that activates an
audible, visible, or
remote signal | 24 |
| requiring a response.
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| "Firearm authorization card" means a card issued by the | 26 |
| Department that
authorizes
the holder to carry a weapon during |
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| the performance of his or her duties as
specified in
this Act.
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| "Firm" means an unincorporated business entity, including | 3 |
| but not limited to
proprietorships and partnerships.
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| "Locksmith" means
a person who engages in a business or | 5 |
| holds himself out to the public as
providing a service that | 6 |
| includes, but is not limited to, the servicing,
installing, | 7 |
| originating first keys, re-coding, repairing, maintaining,
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| manipulating, or bypassing of a mechanical or electronic | 9 |
| locking device, access
control or video surveillance system at | 10 |
| premises, vehicles, safes, vaults, safe
deposit boxes, or | 11 |
| automatic teller machines.
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| "Locksmith agency" means a person, firm, corporation, or | 13 |
| other legal entity
that engages
in the
locksmith business and | 14 |
| employs, in addition to the locksmith
licensee-in-charge, at | 15 |
| least
one other person in conducting such business.
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| "Locksmith licensee-in-charge" means a person who has been | 17 |
| designated by
agency to be the licensee-in-charge of an agency,
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| who is a
full-time management employee or owner who assumes | 19 |
| sole responsibility
for
maintaining all records required by | 20 |
| this Act, and who assumes sole
responsibility for
assuring the | 21 |
| licensed agency's compliance with its responsibilities as | 22 |
| stated
in this Act. The Department shall adopt rules mandating | 23 |
| licensee-in-charge
participation in agency affairs.
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| "Peace officer" or "police officer" means a person who, by | 25 |
| virtue of office
or
public
employment, is vested by law with a | 26 |
| duty to maintain public order or to make
arrests for
offenses, |
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| whether that duty extends to all offenses or is limited to | 2 |
| specific
offenses.
Officers, agents, or employees of the | 3 |
| federal government commissioned by
federal
statute
to make | 4 |
| arrests for violations of federal laws are considered peace | 5 |
| officers.
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| "Permanent employee registration card" means a card issued | 7 |
| by the Department
to an
individual who has applied to the | 8 |
| Department and meets the requirements for
employment by a | 9 |
| licensed agency under this Act.
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| "Person" means a natural person.
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| "Private alarm contractor" means a person who engages in a | 12 |
| business that
individually or through others undertakes, | 13 |
| offers to undertake, purports to
have the
capacity to | 14 |
| undertake, or submits a bid to sell, install, monitor, | 15 |
| maintain,
alter, repair,
replace, or service alarm and other | 16 |
| security-related systems or parts thereof,
including fire
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| alarm systems, at protected premises or premises to be | 18 |
| protected or responds to
alarm
systems at a protected premises | 19 |
| on an emergency basis and not as a full-time
security officer. | 20 |
| "Private alarm contractor" does not include a person, firm,
or
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| corporation that
manufactures or sells alarm systems
only from | 22 |
| its place of business and does not sell, install, monitor, | 23 |
| maintain,
alter, repair, replace, service, or respond to alarm | 24 |
| systems at protected
premises or premises to be protected.
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| "Private alarm contractor agency" means a person, | 26 |
| corporation, or other
entity
that
engages in the private alarm |
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| contracting business and employs, in addition to
the private
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| alarm contractor-in-charge, at least one other person in | 3 |
| conducting such
business.
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| "Private alarm contractor licensee-in-charge" means a | 5 |
| person who has been
designated by an
agency to be the | 6 |
| licensee-in-charge of an agency, who is a full-time management
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| employee or owner who
assumes sole
responsibility for | 8 |
| maintaining all records required by this Act, and who
assumes
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| sole
responsibility for assuring the licensed agency's | 10 |
| compliance with its
responsibilities as
stated in this Act.
The | 11 |
| Department shall adopt rules mandating licensee-in-charge | 12 |
| participation in
agency affairs.
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| "Private detective" means any person who by any means, | 14 |
| including , but not
limited to , manual , canine odor detection,
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| or electronic methods, engages in the business of, accepts
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| employment
to furnish, or agrees to make or makes | 17 |
| investigations for a fee or other
consideration to
obtain | 18 |
| information relating to:
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| (1) Crimes or wrongs done or threatened against the | 20 |
| United States, any
state or
territory of the United States, | 21 |
| or any local government of a state or
territory.
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| (2) The identity, habits, conduct, business | 23 |
| occupation, honesty,
integrity,
credibility, knowledge, | 24 |
| trustworthiness, efficiency, loyalty, activity,
movements, | 25 |
| whereabouts, affiliations, associations, transactions, | 26 |
| acts,
reputation, or character of any person, firm, or |
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| other entity by any means,
manual or electronic.
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| (3) The location, disposition, or recovery of lost or | 3 |
| stolen property.
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| (4) The cause, origin, or responsibility for fires, | 5 |
| accidents, or injuries
to
individuals or real or personal | 6 |
| property.
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| (5) The truth or falsity of any statement or | 8 |
| representation.
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| (6) Securing evidence to be used before any court, | 10 |
| board, or investigating
body.
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| (7) The protection of individuals from bodily harm or | 12 |
| death (bodyguard
functions).
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| (8) Service of process in criminal and civil | 14 |
| proceedings without court
order.
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| "Private detective agency" means a person, firm, | 16 |
| corporation, or other legal
entity that engages
in the
private | 17 |
| detective business and employs, in addition to the | 18 |
| licensee-in-charge,
one or more
persons in conducting such | 19 |
| business.
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| "Private detective licensee-in-charge" means a person who | 21 |
| has been designated
by an agency
to be the licensee-in-charge | 22 |
| of an
agency,
who is a full-time management employee or owner
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| who assumes sole
responsibility
for
maintaining all records | 24 |
| required by this Act, and who assumes sole
responsibility
for | 25 |
| assuring
the licensed agency's compliance with its | 26 |
| responsibilities as stated in this
Act. The Department shall |
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| adopt rules mandating licensee-in-charge
participation in | 2 |
| agency affairs.
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| "Private security contractor" means a person who engages in | 4 |
| the business of
providing a private security officer, watchman, | 5 |
| patrol, guard dog, canine odor detection, or a similar service | 6 |
| by
any other
title or name on a contractual basis for another | 7 |
| person, firm, corporation, or
other entity
for a fee or other | 8 |
| consideration and performing one or more of the following
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| functions:
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| (1) The prevention or detection of intrusion, entry, | 11 |
| theft, vandalism,
abuse, fire,
or trespass on private or | 12 |
| governmental property.
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| (2) The prevention, observation, or detection of any | 14 |
| unauthorized activity
on
private or governmental property.
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| (3) The protection of persons authorized to be on the | 16 |
| premises of the
person,
firm, or other entity for which the | 17 |
| security contractor contractually provides
security | 18 |
| services.
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| (4) The prevention of the misappropriation or | 20 |
| concealment of goods, money,
bonds, stocks, notes, | 21 |
| documents, or papers.
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| (5) The control, regulation, or direction of the | 23 |
| movement of the public
for
the
time specifically required | 24 |
| for the protection of property owned or controlled
by the | 25 |
| client.
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| (6) The protection of individuals from bodily harm or |
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| death (bodyguard
functions).
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| "Private security contractor agency" means a person, firm, | 3 |
| corporation, or
other legal entity that
engages in
the private | 4 |
| security contractor business and that employs, in addition to | 5 |
| the
licensee-in-charge, one or more persons in conducting such | 6 |
| business.
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| "Private security contractor licensee-in-charge" means a | 8 |
| person who has been
designated by an agency to be the
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| licensee-in-charge of an
agency, who is a full-time management | 10 |
| employee or owner
who assumes sole responsibility for | 11 |
| maintaining all records required by this
Act, and who
assumes | 12 |
| sole responsibility for assuring the licensed agency's | 13 |
| compliance with
its
responsibilities as
stated in this Act. The | 14 |
| Department shall adopt rules mandating
licensee-in-charge | 15 |
| participation in agency affairs.
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| "Public member" means a person who is not a licensee or | 17 |
| related to a
licensee, or who is not an employer or employee of | 18 |
| a licensee. The term
"related to" shall be determined by the | 19 |
| rules of the Department.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/10-5)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 10-5. Requirement of license.
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| (a) It is unlawful for a person to act as or provide the | 25 |
| functions of a
private detective, private security contractor, |
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| private alarm contractor, or
locksmith or to advertise or to | 2 |
| assume to act as any one of these, or to use
these or any other | 3 |
| title implying that the person is engaged in any of these
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| activities unless licensed as such by the Department. An | 5 |
| individual or sole
proprietor who does not employ any employees | 6 |
| other than himself or herself may
operate under a "doing | 7 |
| business as" or assumed name certification without
having to | 8 |
| obtain an agency license, so long as the assumed name is first
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| registered with the Department.
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| (b) It is unlawful for a person, firm, corporation, or | 11 |
| other legal entity
to act as an agency licensed under this Act, | 12 |
| to advertise, or to assume to
act as a licensed agency or to | 13 |
| use a title implying that the person, firm, or
other entity is | 14 |
| engaged in the practice as a private detective agency, private
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| security contractor agency, private alarm contractor agency, | 16 |
| or locksmith
agency unless licensed by the Department.
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| (c) No agency shall operate a branch office without first | 18 |
| applying for and
receiving a branch office license for each | 19 |
| location.
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| (d) No person shall operate a canine training facility | 21 |
| unless licensed as a private detective
agency or private | 22 |
| security contractor agency under this Act, and no person shall | 23 |
| act as a canine trainer unless he or she is licensed as a | 24 |
| private detective or private security contractor or is a | 25 |
| registered employee of a private detective agency or private | 26 |
| security contractor agency. |
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/10-10)
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| (Section scheduled to be repealed on January 1, 2014)
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| Sec. 10-10. General exemptions. This Act does not apply to | 5 |
| any of the following:
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| (1) A person, firm, or corporation engaging in fire | 7 |
| protection
engineering,
including the design, testing, and | 8 |
| inspection of fire protection systems.
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| (2) The practice of professional engineering as | 10 |
| defined in the
Professional
Engineering Practice Act of | 11 |
| 1989.
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| (3) The practice of structural engineering as defined | 13 |
| in the Structural
Engineering Practice Act of 1989.
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| (4) The practice of architecture as defined in the | 15 |
| Illinois Architecture
Practice Act of 1989.
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| (5) The activities of persons or firms licensed under | 17 |
| the Illinois Public
Accounting Act if performed in the | 18 |
| course of their professional practice.
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| (6) An attorney licensed to practice in Illinois while | 20 |
| engaging in
the practice of law.
| 21 |
| (7) A person engaged exclusively and employed by a | 22 |
| person, firm,
association, or corporation in the business | 23 |
| of transporting persons or property
in
interstate commerce | 24 |
| and making an investigation related to the business of that
| 25 |
| employer. |
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| (8) A person who provides canine odor detection | 2 |
| services to a unit of federal, State, or local government | 3 |
| on an emergency call-out or volunteer basis and does not | 4 |
| receive any compensation or remuneration for such | 5 |
| services.
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| (Source: P.A. 93-438, eff. 8-5-03.)
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| (225 ILCS 447/10-25)
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| (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 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 |
| 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 |
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| registration card, canine handler authorization card, canine | 2 |
| trainer authorization card, and firearm
authorization card | 3 |
| shall be set by rule. The holder may renew the license,
| 4 |
| permanent employee registration card, canine handler | 5 |
| authorization card, canine trainer authorization card, or | 6 |
| firearm authorization card during the
30 days preceding its | 7 |
| expiration by paying the required fee and by meeting
conditions | 8 |
| that the Department may specify. Any license holder who | 9 |
| notifies the
Department on forms prescribed by
the Department | 10 |
| may place his or her license on inactive status for a period of
| 11 |
| not longer than 6 years and shall, subject to the rules of the | 12 |
| Department, be
excused from payment of renewal fees until the | 13 |
| license holder notifies the
Department, in writing, of an | 14 |
| intention to resume active status. Practice while
on inactive | 15 |
| status constitutes unlicensed practice. A non-renewed license
| 16 |
| that has lapsed for less than 6 years may be restored upon | 17 |
| payment of the
restoration fee and all lapsed renewal fees. A | 18 |
| license that has lapsed for more
than 6 years may be restored | 19 |
| by paying the required restoration fee and all
lapsed renewal | 20 |
| fees and by 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.
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| (d) Any permanent employee registration card expired for | 2 |
| less than one year
may be restored upon payment of lapsed | 3 |
| renewal fees. Any permanent employee
registration card expired | 4 |
| for one year or more may be restored by making
application to | 5 |
| the Department and filing proof acceptable to the Department of
| 6 |
| the licensee's fitness to have the permanent employee | 7 |
| registration card
restored, including verification of
| 8 |
| fingerprint processing through the Department of State Police | 9 |
| and Federal
Bureau of Investigation and paying the restoration | 10 |
| fee.
| 11 |
| (Source: P.A. 93-438, eff. 8-5-03 .)
| 12 |
| (225 ILCS 447/15-10)
| 13 |
| (Section scheduled to be repealed January 1, 2014)
| 14 |
| Sec. 15-10. Qualifications for licensure as a private
| 15 |
| detective.
| 16 |
| (a) A person is qualified for licensure as a private
| 17 |
| detective if he or she meets all of the following
requirements:
| 18 |
| (1) Is at least 21 years of age.
| 19 |
| (2) Has not been convicted of any felony in any
| 20 |
| jurisdiction or at least 10 years have elapsed since the | 21 |
| time
of full discharge from a sentence imposed for a felony
| 22 |
| conviction.
| 23 |
| (3) Is of good moral character. Good character is
a | 24 |
| continuing requirement of licensure. Conviction of crimes
| 25 |
| other than felonies may be used in determining moral
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| character, but shall not constitute an absolute bar to
| 2 |
| licensure.
| 3 |
| (4) Has not been declared by any court of competent
| 4 |
| jurisdiction to be incompetent by reason of mental or | 5 |
| physical
defect or disease, unless a court has subsequently | 6 |
| declared
him or her to be competent.
| 7 |
| (5) Is not suffering from dependence on alcohol or
from | 8 |
| narcotic addiction or dependence.
| 9 |
| (6) Has a minimum of 3 years experience of the 5
years | 10 |
| immediately preceding application working full-time for
a | 11 |
| licensed private detective agency as a registered private
| 12 |
| detective agency employee or with 3 years experience of the | 13 |
| 5
years immediately preceding his or her application | 14 |
| employed as
a full-time investigator for a licensed | 15 |
| attorney or in a law
enforcement agency of a federal or | 16 |
| state political
subdivision, which shall include a state's | 17 |
| attorney's office
or a public defender's office. The Board | 18 |
| and the Department
shall approve such full-time | 19 |
| investigator experience. An
applicant who has a | 20 |
| baccalaureate degree, or higher, in law
enforcement or a | 21 |
| related field or a business degree from an
accredited | 22 |
| college or university shall be given credit for 2
of the 3 | 23 |
| years of the required experience. An applicant who
has an | 24 |
| associate degree in law enforcement or in a related
field | 25 |
| or in business from an accredited college or university
| 26 |
| shall be given credit for one of the 3 years of the |
|
|
|
SB1424 Engrossed |
- 17 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| required
experience.
| 2 |
| (7) Has not been dishonorably discharged from the
armed | 3 |
| forces of the United States or has not been discharged
from | 4 |
| a law enforcement agency of the United States or of any
| 5 |
| state or of any political subdivision thereof, which shall
| 6 |
| include a state's attorney's office, for reasons relating | 7 |
| to his
or her conduct as an employee of that law | 8 |
| enforcement agency.
| 9 |
| (8) Has passed an examination authorized by the
| 10 |
| Department.
| 11 |
| (9) Submits his or her fingerprints, proof of having
| 12 |
| general liability insurance required under subsection (b), | 13 |
| and
the required license fee.
| 14 |
| (10) Has not violated Section 10-5 of this Act.
| 15 |
| (b) It is the responsibility of the applicant to obtain
| 16 |
| general liability insurance in an amount and coverage
| 17 |
| appropriate for the applicant's circumstances as determined by
| 18 |
| rule. The applicant shall provide evidence of insurance to
the | 19 |
| Department before being issued a license. Failure to
maintain | 20 |
| general liability insurance and to provide the
Department with | 21 |
| written proof of the insurance shall result in
cancellation of | 22 |
| the license.
| 23 |
| (c) Any person who has been providing canine odor detection | 24 |
| services for hire since January 1, 2005 shall be granted a | 25 |
| private detective license without examination upon the | 26 |
| submission of a completed application to the Department on or |
|
|
|
SB1424 Engrossed |
- 18 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| after January 7, 2008, but before January 11, 2008, the payment | 2 |
| of applicable fees, and the satisfactory demonstration to the | 3 |
| Department of evidence of the provision of such services.
| 4 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 5 |
| (225 ILCS 447/25-10)
| 6 |
| (Section scheduled to be repealed on January 1, 2014)
| 7 |
| Sec. 25-10. Qualifications for licensure as a private
| 8 |
| security contractor.
| 9 |
| (a) A person is qualified for licensure as a private
| 10 |
| security contractor if he or she meets all of the following
| 11 |
| requirements:
| 12 |
| (1) Is at least 21 years of age.
| 13 |
| (2) Has not been convicted of any felony in any
| 14 |
| jurisdiction or at least 10 years have elapsed since the | 15 |
| time
of full discharge from a sentence imposed for a felony
| 16 |
| conviction.
| 17 |
| (3) Is of good moral character. Good character is
a | 18 |
| continuing requirement of licensure. Conviction of crimes
| 19 |
| other than felonies may be used in determining moral
| 20 |
| character, but shall not constitute an absolute bar to
| 21 |
| licensure.
| 22 |
| (4) Has not been declared by any court of competent
| 23 |
| jurisdiction to be incompetent by reason of mental or | 24 |
| physical
defect or disease, unless a court has subsequently | 25 |
| declared
him or her to be competent.
|
|
|
|
SB1424 Engrossed |
- 19 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| (5) Is not suffering from dependence on alcohol or
from | 2 |
| narcotic addiction or dependence.
| 3 |
| (6) Has a minimum of 3 years experience of the 5
years | 4 |
| immediately preceding application working as a full-time
| 5 |
| manager for a licensed private security contractor agency | 6 |
| or a
manager of a proprietary security force of 30 or more | 7 |
| persons
registered with the Department or with 3 years | 8 |
| experience of
the 5 years immediately preceding his or her | 9 |
| application
employed as a full-time supervisor in a law | 10 |
| enforcement agency
of a federal or state political | 11 |
| subdivision, which shall
include a state's attorney's | 12 |
| office or public defender's
office. The Board and the | 13 |
| Department shall approve such full-time supervisory
| 14 |
| experience. An applicant who has a
baccalaureate degree or | 15 |
| higher in police science or a related
field or a business | 16 |
| degree from an accredited college or
university shall be | 17 |
| given credit for 2 of the 3 years of the
required | 18 |
| experience. An applicant who has an associate degree
in | 19 |
| police science or in a related field or in business from an
| 20 |
| accredited college or university shall be given credit for | 21 |
| one
of the 3 years of the required experience.
| 22 |
| (7) Has not been dishonorably discharged from the
armed | 23 |
| forces of the United States.
| 24 |
| (8) Has passed an examination authorized by the
| 25 |
| Department.
| 26 |
| (9) Submits his or her fingerprints, proof of having
|
|
|
|
SB1424 Engrossed |
- 20 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| general liability insurance required under subsection (b), | 2 |
| and
the required license fee.
| 3 |
| (10) Has not violated Section 10-5 of this Act.
| 4 |
| (b) It is the responsibility of the applicant to obtain
| 5 |
| general liability insurance in an amount and coverage
| 6 |
| appropriate for the applicant's circumstances as determined by
| 7 |
| rule. The applicant shall provide evidence of insurance to
the | 8 |
| Department before being issued a license. Failure to
maintain | 9 |
| general liability insurance and to provide the
Department with | 10 |
| written proof of the insurance shall result in
cancellation of | 11 |
| the license. | 12 |
| (c) Any person who has been providing canine odor detection | 13 |
| services for hire since January 1, 2005 shall be granted a | 14 |
| private security contractor license without examination upon | 15 |
| the submission of a completed application to the Department on | 16 |
| or after January 7, 2008, but before January 11, 2008, the | 17 |
| payment of applicable fees, and the satisfactory demonstration | 18 |
| to the Department of evidence of the provision of such | 19 |
| services.
| 20 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 21 |
| (225 ILCS 447/35-10)
| 22 |
| (Section scheduled to be repealed on January 1, 2014)
| 23 |
| Sec. 35-10. Inspection of facilities. Each licensee shall
| 24 |
| permit his or her office facilities , canine training | 25 |
| facilities, and registered employee
files to be audited or |
|
|
|
SB1424 Engrossed |
- 21 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| inspected at reasonable times and in a
reasonable manner upon | 2 |
| 24 hours notice by the Department.
| 3 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 4 |
| (225 ILCS 447/35-41 new) | 5 |
| Sec. 35-41. Requirement of a canine handler authorization | 6 |
| card. | 7 |
| (a) No person shall perform duties that include the use or | 8 |
| handling of a canine to protect
persons or property or to | 9 |
| conduct investigations without having been issued a valid | 10 |
| canine handler authorization card by the Department. An agency | 11 |
| may subcontract out its canine odor detection services to | 12 |
| another licensed agency or may use the employees of another | 13 |
| licensed agency as subcontractors, provided that all employees | 14 |
| who provide canine odor detection services in either | 15 |
| arrangement are properly registered under this Act and are | 16 |
| otherwise in compliance with the requirements of this Section. | 17 |
| It is the responsibility of each agency participating in a | 18 |
| subcontracting arrangement to ensure compliance with all | 19 |
| employees so utilized. | 20 |
| (b) No agency shall employ any person to perform the duties | 21 |
| for which employee registration
is required and allow that | 22 |
| person to use or handle a canine to protect
persons or property | 23 |
| or to conduct investigations unless that person has been issued | 24 |
| a canine handler
authorization card. | 25 |
| (c) The Department shall issue a canine handler |
|
|
|
SB1424 Engrossed |
- 22 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| authorization card to a person who (i) has passed an
approved | 2 |
| canine handler training course, (ii) is currently employed by | 3 |
| an agency licensed under
this Act, and (iii) has met all of the | 4 |
| applicable requirements of this Act. Application for the canine | 5 |
| handler
authorization card shall be made by the employer to the | 6 |
| Department on forms provided by the
Department. The Department | 7 |
| shall forward the card to the employer who shall be responsible | 8 |
| for
its issuance to the employee. The canine handler | 9 |
| authorization card shall be issued by the
Department and must | 10 |
| identify the person holding it and the name of the canine | 11 |
| training facility
where the employee received canine handler | 12 |
| instruction and must specify the name and breed of each
canine | 13 |
| the holder is authorized by the Department to use or handle. | 14 |
| (d) The Department may, in addition to any other | 15 |
| disciplinary action permitted by this Act, refuse
to issue, | 16 |
| suspend, or revoke a canine handler authorization card if the | 17 |
| applicant or holder has
been convicted of any felony or | 18 |
| misdemeanor involving cruelty to animals or for a violation of
| 19 |
| this Act or rules adopted under this Act.
| 20 |
| (e) Notwithstanding any other provision of this Section, an | 21 |
| agency may employ a person in a temporary capacity as a canine | 22 |
| handler if each of the following conditions are met:
| 23 |
| (1) The agency completes in its entirety and submits to | 24 |
| the Department an application for a canine handler | 25 |
| registration card, including the required fees. | 26 |
| (2) The agency exercises due diligence to ensure that |
|
|
|
SB1424 Engrossed |
- 23 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| the person is qualified under the requirements of the Act | 2 |
| to be issued a canine handler registration card.
| 3 |
| (225 ILCS 447/35-42 new) | 4 |
| Sec. 35-42. Canine handler authorization; training | 5 |
| requirements. The Department shall, pursuant to rule, approve | 6 |
| or disapprove training programs for the canine handler training | 7 |
| course, which shall be taught by a qualified instructor. | 8 |
| Qualifications for
instructors shall be set by rule. The canine | 9 |
| handler training course must be conducted by a
licensee under | 10 |
| this Act and approved by the
Department. A canine handler | 11 |
| course must consist of each of the following minimum | 12 |
| requirements: | 13 |
| (1) One hundred hours of basic training, which shall | 14 |
| include the following subjects: | 15 |
| (A) canine handling safety procedures; | 16 |
| (B) basic veterinary health and wellness | 17 |
| principles, including canine first aid; | 18 |
| (C) principles of canine conditioning; | 19 |
| (D) canine obedience techniques; | 20 |
| (E) search patterns and techniques; and | 21 |
| (F) legal guidelines affecting canine odor | 22 |
| detection operations. | 23 |
| (2) Eighty hours of additional training related to the | 24 |
| particular canine discipline in which the canine and canine | 25 |
| handler are to be trained, including without limitation |
|
|
|
SB1424 Engrossed |
- 24 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| patrol, narcotics odor detection, explosives odor | 2 |
| detection, and cadaver odor detection. | 3 |
| (3) An examination given at the completion of the | 4 |
| course, which shall consist
of a canine practical | 5 |
| qualification course and a written examination. Successful | 6 |
| completion of the examination shall
be determined by the | 7 |
| canine training facility. | 8 |
| (225 ILCS 447/35-43 new) | 9 |
| Sec. 35-43. Requirement of a canine trainer authorization | 10 |
| card; qualifications. | 11 |
| (a) No person may perform duties that include the training | 12 |
| of canine handlers and canines to
protect persons or property | 13 |
| or to conduct investigations without having been issued a valid | 14 |
| canine trainer authorization card by the
Department. | 15 |
| (b) No employer shall employ any person to perform the | 16 |
| duties for which employee registration
is required under this | 17 |
| Act and allow that person to train canine handlers and canines | 18 |
| unless that person has been issued a canine
trainer | 19 |
| authorization card. | 20 |
| (c) The Department shall issue a canine trainer | 21 |
| authorization card to a person who (i) has passed an
approved | 22 |
| canine trainer training course, (ii) is currently employed by | 23 |
| an agency licensed under this
Act, and (iii) has met all of the | 24 |
| applicable requirements of this Act. Application for the canine | 25 |
| trainer authorization
card shall be made by the employer to the |
|
|
|
SB1424 Engrossed |
- 25 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| Department on forms provided by the Department.
The Department | 2 |
| shall forward the card to the employer who shall be responsible | 3 |
| for its issuance
to the employee. | 4 |
| (d) The Department may, in addition to any other | 5 |
| disciplinary action permitted by this Act, refuse
to issue, | 6 |
| suspend, or revoke a canine trainer authorization card if the | 7 |
| applicant or holder has been
convicted of any felony or | 8 |
| misdemeanor involving cruelty to animals or for a violation of | 9 |
| this
Act or rules promulgated under this Act. | 10 |
| (e) Qualifications for canine trainers shall be set by the | 11 |
| Department by rule. Any person who has been engaged in the | 12 |
| provision of canine trainer services since January 1, 2005, | 13 |
| shall be granted a canine trainer authorization card upon the | 14 |
| submission of a completed application, the payment of | 15 |
| applicable fees, and the satisfactory demonstration to the | 16 |
| Department of evidence of the provision of such services.
| 17 |
| (225 ILCS 447/40-10)
| 18 |
| (Section scheduled to be repealed on January 1, 2014)
| 19 |
| Sec. 40-10. Disciplinary sanctions.
| 20 |
| (a) The Department may deny issuance, refuse to renew,
or | 21 |
| restore or may reprimand, place on probation, suspend, or
| 22 |
| revoke any license, registration, permanent employee
| 23 |
| registration card, canine handler authorization card, canine | 24 |
| trainer authorization card, or firearm authorization card, and | 25 |
| it may
impose a fine not to exceed $1,500 for a first violation |
|
|
|
SB1424 Engrossed |
- 26 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| and
not to exceed $5,000 for a second or subsequent violation | 2 |
| for
any of the following:
| 3 |
| (1) Fraud or deception in obtaining or renewing of
a | 4 |
| license or registration.
| 5 |
| (2) Professional incompetence as manifested by poor
| 6 |
| standards of service.
| 7 |
| (3) Engaging in dishonorable, unethical, or
| 8 |
| unprofessional conduct of a character likely to deceive,
| 9 |
| defraud, or harm the public.
| 10 |
| (4) Conviction in Illinois or another state of any
| 11 |
| crime that is a felony under the laws of Illinois; a felony | 12 |
| in
a federal court; a misdemeanor, an essential element of | 13 |
| which
is dishonesty; or directly related to professional | 14 |
| practice.
| 15 |
| (5) Performing any services in a grossly negligent
| 16 |
| manner or permitting any of a licensee's employees to | 17 |
| perform
services in a grossly negligent manner, regardless | 18 |
| of whether
actual damage to the public is established.
| 19 |
| (6) Continued practice, although the person
has become | 20 |
| unfit to practice due to any of the
following:
| 21 |
| (A) Physical illness, including, but not
limited | 22 |
| to, deterioration through the aging process or loss of
| 23 |
| motor skills that results in the inability to serve the | 24 |
| public
with reasonable judgment, skill, or safety.
| 25 |
| (B) Mental disability demonstrated by the
entry of | 26 |
| an order or judgment by a court that a
person is in |
|
|
|
SB1424 Engrossed |
- 27 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| need of mental treatment or is incompetent.
| 2 |
| (C) Addiction to or dependency on alcohol or
drugs | 3 |
| that is likely to endanger the public. If the
| 4 |
| Department has reasonable cause to believe that a | 5 |
| person is
addicted to or dependent on alcohol or drugs | 6 |
| that
may endanger the public, the Department may | 7 |
| require the
person to undergo an examination to | 8 |
| determine the
extent of the addiction or dependency.
| 9 |
| (7) Receiving, directly or indirectly, compensation
| 10 |
| for any services not rendered.
| 11 |
| (8) Willfully deceiving or defrauding the public on
a | 12 |
| material matter.
| 13 |
| (9) Failing to account for or remit any moneys or
| 14 |
| documents coming into the licensee's possession that
| 15 |
| belong to another person or entity.
| 16 |
| (10) Discipline by another United States
jurisdiction | 17 |
| or foreign nation, if at least one of the grounds
for the | 18 |
| discipline is the same or substantially equivalent to
those | 19 |
| set forth in this Act.
| 20 |
| (11) Giving differential treatment to a person that
is | 21 |
| to that person's detriment because of race, color, creed,
| 22 |
| sex, religion, or national origin.
| 23 |
| (12) Engaging in false or misleading advertising.
| 24 |
| (13) Aiding, assisting, or willingly permitting
| 25 |
| another person to violate this Act or rules promulgated | 26 |
| under
it.
|
|
|
|
SB1424 Engrossed |
- 28 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| (14) Performing and charging for services without
| 2 |
| authorization to do so from the person or entity serviced.
| 3 |
| (15) Directly or indirectly offering or accepting
any | 4 |
| benefit to or from any employee, agent, or fiduciary
| 5 |
| without the consent of the latter's employer or principal | 6 |
| with
intent to or the understanding that this action will | 7 |
| influence
his or her conduct in relation to his or her | 8 |
| employer's or
principal's affairs.
| 9 |
| (16) Violation of any disciplinary order imposed on
a | 10 |
| licensee by the Department.
| 11 |
| (17) Failing to comply with any provision of this
Act | 12 |
| or rule promulgated under it.
| 13 |
| (18) Conducting an agency without a valid license.
| 14 |
| (19) Revealing confidential information, except as
| 15 |
| required by law, including but not limited to information
| 16 |
| available under Section 2-123 of the Illinois Vehicle Code.
| 17 |
| (20) Failing to make available to the Department,
upon | 18 |
| request, any books, records, or forms required by this
Act.
| 19 |
| (21) Failing, within 30 days, to respond to a
written | 20 |
| request for information from the Department.
| 21 |
| (22) Failing to provide employment information or
| 22 |
| experience information required by the Department | 23 |
| regarding an
applicant for licensure.
| 24 |
| (23) Failing to make available to the Department at
the | 25 |
| time of the request any indicia of licensure or
| 26 |
| registration issued under this Act.
|
|
|
|
SB1424 Engrossed |
- 29 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| (24) Purporting to be a licensee-in-charge of an
agency | 2 |
| without active participation in the agency.
| 3 |
| (b) The Department shall seek to be consistent in the
| 4 |
| application of disciplinary sanctions.
| 5 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 6 |
| (225 ILCS 447/50-10)
| 7 |
| (Section scheduled to be repealed on January 1, 2014)
| 8 |
| Sec. 50-10. The Private Detective,
Private Alarm, Private | 9 |
| Security, and Locksmith Board.
| 10 |
| (a) The Private Detective, Private
Alarm, Private | 11 |
| Security, and Locksmith Board shall consist of
13
11 members | 12 |
| appointed by the Director and comprised of 3
2
licensed private | 13 |
| detectives , one of whom provides canine odor detection | 14 |
| services; 4 , 3 licensed private security
contractors , one of | 15 |
| whom provides canine odor detection services; , 2 licensed | 16 |
| private alarm contractors ; , 2 licensed
locksmiths ; , one public | 17 |
| member who is not licensed or
registered under this Act and who | 18 |
| has no connection with a
business licensed under this Act ; , and | 19 |
| one member representing
the employees registered under this | 20 |
| Act. Each member shall be
a resident of Illinois. Each licensed | 21 |
| member shall have at
least 5 years experience as a licensee in | 22 |
| the professional
area in which the person is licensed and be in | 23 |
| good standing
and actively engaged in that profession. In | 24 |
| making
appointments, the Director shall consider the | 25 |
| recommendations
of the professionals and the professional |
|
|
|
SB1424 Engrossed |
- 30 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| organizations
representing the licensees. The membership shall | 2 |
| reasonably
reflect the different geographic areas in Illinois.
| 3 |
| (b) Members shall serve 4 year terms and may serve until
| 4 |
| their successors are appointed. No member shall serve for
more | 5 |
| than 2 successive terms. Appointments to fill vacancies
shall | 6 |
| be made in the same manner as the original appointments
for the | 7 |
| unexpired portion of the vacated term. Members of the
Board in | 8 |
| office on the effective date of this Act pursuant to
the | 9 |
| Private Detective, Private Alarm, Private Security, and
| 10 |
| Locksmith Act of 1993 shall serve for the duration of their
| 11 |
| terms and may be appointed for one additional term.
| 12 |
| (c) A member of the Board may be removed for cause. A
| 13 |
| member subject to formal disciplinary proceedings shall
| 14 |
| disqualify himself or herself from all Board business until
the | 15 |
| charge is resolved. A member also shall disqualify
himself or | 16 |
| herself from any matter on which the member cannot
act | 17 |
| objectively.
| 18 |
| (d) Members shall receive compensation as set by law.
Each | 19 |
| member shall receive reimbursement as set by the
Governor's | 20 |
| Travel Control Board for expenses incurred in
carrying out the | 21 |
| duties as a Board member.
| 22 |
| (e) A majority of Board members constitutes a quorum. A
| 23 |
| majority vote of the quorum is required for a decision.
| 24 |
| (f) The Board shall elect a chairperson and vice
| 25 |
| chairperson.
| 26 |
| (g) Board members are not liable for their acts,
omissions, |
|
|
|
SB1424 Engrossed |
- 31 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| decisions, or other conduct in connection with
their duties on | 2 |
| the Board, except those determined to be
willful, wanton, or | 3 |
| intentional misconduct.
| 4 |
| (h) The Board may recommend policies, procedures, and
rules | 5 |
| relevant to the administration and enforcement of this
Act.
| 6 |
| (Source: P.A. 93-438, eff. 8-5-03.)
| 7 |
| Section 10. The Animal Welfare Act is amended by changing | 8 |
| Section 3 as follows:
| 9 |
| (225 ILCS 605/3) (from Ch. 8, par. 303)
| 10 |
| Sec. 3. (a) Except as provided in subsection (b) of this | 11 |
| Section, no
No person shall engage in business as a pet shop | 12 |
| operator, dog
dealer, kennel operator, cattery operator,
or | 13 |
| operate a guard dog service, an animal control
facility or | 14 |
| animal shelter or
any combination thereof, in this State | 15 |
| without a license therefor issued by
the Department. Only one | 16 |
| license shall be required for any combination of
businesses at | 17 |
| one location, except that a separate license shall be required
| 18 |
| to operate a guard dog service. Guard dog services that are | 19 |
| located outside
this State but provide services within this | 20 |
| State are required to obtain a
license from the Department. | 21 |
| Out-of-state guard dog services are required to
comply with the | 22 |
| requirements of this Act with regard to guard dogs and sentry
| 23 |
| dogs transported to or used within this State.
| 24 |
| (b) This Act does not apply to a private detective agency |
|
|
|
SB1424 Engrossed |
- 32 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
| or private security agency licensed under the Private | 2 |
| Detective, Private Alarm, Private Security, and
Locksmith Act | 3 |
| of 2004 that provides guard dog or canine odor detection | 4 |
| services and does not otherwise operate a kennel for hire.
| 5 |
| (Source: P.A. 89-178, eff. 7-19-95.)
| 6 |
| Section 99. Effective date. This Act takes effect January | 7 |
| 1, 2008.
|
|
|
|
SB1424 Engrossed |
- 33 - |
LRB095 08130 RAS 28295 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 447/5-3 new |
|
| 4 |
| 225 ILCS 447/5-10 |
|
| 5 |
| 225 ILCS 447/10-5 |
|
| 6 |
| 225 ILCS 447/10-10 |
|
| 7 |
| 225 ILCS 447/10-25 |
|
| 8 |
| 225 ILCS 447/15-10 |
|
| 9 |
| 225 ILCS 447/25-10 |
|
| 10 |
| 225 ILCS 447/35-10 |
|
| 11 |
| 225 ILCS 447/35-41 new |
|
| 12 |
| 225 ILCS 447/35-42 new |
|
| 13 |
| 225 ILCS 447/35-43 new |
|
| 14 |
| 225 ILCS 447/40-10 |
|
| 15 |
| 225 ILCS 447/50-10 |
|
| 16 |
| 225 ILCS 605/3 |
from Ch. 8, par. 303 |
| |
|