Full Text of HB4073 102nd General Assembly
HB4073sam001 102ND GENERAL ASSEMBLY | Sen. John Connor Filed: 3/24/2022
| | 10200HB4073sam001 | | LRB102 18168 AMQ 37900 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4073
| 2 | | AMENDMENT NO. ______. Amend House Bill 4073 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Private Detective, Private Alarm, Private | 5 | | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | 6 | | amended by changing Section 5-10 as follows:
| 7 | | (225 ILCS 447/5-10)
| 8 | | (Section scheduled to be repealed on January 1, 2024)
| 9 | | Sec. 5-10. Definitions. As used in this Act:
| 10 | | "Address of record" means the designated address recorded | 11 | | by the Department in the applicant's application file or the | 12 | | licensee's license file, as maintained by the Department's | 13 | | licensure maintenance unit. | 14 | | "Advertisement" means any public media, including printed | 15 | | or electronic material, that is published or displayed in a | 16 | | phone book,
newspaper, magazine, pamphlet, newsletter, |
| | | 10200HB4073sam001 | - 2 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | website, or other similar type of publication or electronic | 2 | | format
that is
intended to either attract business or merely | 3 | | provide contact information to
the public for
an agency or | 4 | | licensee. Advertisement shall not include a licensee's or an
| 5 | | agency's
letterhead, business cards, or other stationery used | 6 | | in routine business
correspondence or
customary name, address, | 7 | | and number type listings in a telephone directory.
| 8 | | "Alarm system" means any system, including an electronic | 9 | | access control
system, a
surveillance video system, a security | 10 | | video system, a burglar alarm system, a
fire alarm
system, or | 11 | | any other electronic system that activates an audible, | 12 | | visible,
remote, or
recorded signal that is designed for the | 13 | | protection or detection of intrusion,
entry, theft,
fire, | 14 | | vandalism, escape, or trespass, or other electronic systems | 15 | | designed for the protection of life by indicating the | 16 | | existence of an emergency situation. "Alarm system" also | 17 | | includes an emergency communication system and a mass | 18 | | notification system. "Alarm system" includes a battery-charged | 19 | | fence alarm as defined in this Section.
| 20 | | "Applicant" means a person or business applying for | 21 | | licensure, registration, or authorization under this Act. Any | 22 | | applicant or person who holds himself or herself out as an | 23 | | applicant is considered a licensee or registrant for the | 24 | | purposes of enforcement, investigation, hearings, and the | 25 | | Illinois Administrative Procedure Act. | 26 | | "Armed employee" means a licensee or registered person who |
| | | 10200HB4073sam001 | - 3 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | is employed by an
agency licensed or an armed proprietary | 2 | | security force registered under this
Act who carries a weapon | 3 | | while engaged in the
performance
of official duties within the | 4 | | course and scope of his or her employment during
the hours
and | 5 | | times the employee is scheduled to work or is commuting | 6 | | between his or her
home or
place of employment.
| 7 | | "Armed proprietary security force" means a security force | 8 | | made up of one or
more
armed individuals employed by a | 9 | | commercial or industrial operation or
by a financial | 10 | | institution as security officers
for the
protection of persons | 11 | | or property.
| 12 | | "Battery-charged fence alarm" means an alarm system and | 13 | | ancillary components or equipment attached to such a system, | 14 | | including, but not limited to, a fence that is connected to | 15 | | battery-operated energizer which is intended to periodically | 16 | | deliver voltage impulses to the fence and battery charging | 17 | | device used exclusively to charge the battery. A | 18 | | "battery-charged fence alarm": | 19 | | (1) interfaces with a monitored alarm device in a | 20 | | manner that enables the alarm system to transmit a | 21 | | signal intended to summon a business or law | 22 | | enforcement agency in response to an intrusion or | 23 | | burglary; | 24 | | (2) is located on property that is not designated | 25 | | by a municipality or county for residential use; | 26 | | (3) has an energizer that is driven by a |
| | | 10200HB4073sam001 | - 4 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | commercial storage battery that is not more than 12 | 2 | | volts of direct current; | 3 | | (4) produces an electric charge on contact that | 4 | | does not exceed energizer characteristics set for | 5 | | electric fence energizers by the International | 6 | | Electrotechnical Commission Standard 60335.2.76, | 7 | | Current Edition; | 8 | | (5) is completely surrounded by a nonelectric | 9 | | perimeter fence or wall that is not less than 5 feet in | 10 | | height; | 11 | | (6) is not more than the higher of: | 12 | | (A) ten feet in height; or | 13 | | (B) two feet higher than the height of the | 14 | | nonelectric perimeter fence or wall; and | 15 | | (7) is marked with conspicuous warning signs that | 16 | | are located on the battery-charged fence at not more | 17 | | than 40-foot intervals and that reads: | 18 | | "WARNING—ELECTRIC FENCE". | 19 | | "Board" means the Private Detective, Private Alarm, | 20 | | Private Security, Fingerprint Vendor, and
Locksmith Board.
| 21 | | "Branch office" means a business location removed from the | 22 | | place of business
for which an agency license has been issued, | 23 | | including, but not limited to,
locations where active employee | 24 | | records that are required to be maintained
under this Act are | 25 | | kept, where prospective new
employees
are processed, or where | 26 | | members of the public are invited in to transact
business. A
|
| | | 10200HB4073sam001 | - 5 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | branch office does not include an office or other facility | 2 | | located on the
property of an
existing client that is utilized | 3 | | solely for the benefit of that client and is
not owned or
| 4 | | leased by the agency.
| 5 | | "Canine handler" means a person who uses or handles a | 6 | | trained dog
to protect persons or property or
to conduct | 7 | | investigations. | 8 | | "Canine handler authorization card" means a card issued by | 9 | | the Department that authorizes
the holder to use or handle a | 10 | | trained dog to protect persons or property or to conduct
| 11 | | investigations during the performance of his or her duties as | 12 | | specified in this Act. | 13 | | "Canine trainer" means a person who acts as a dog trainer | 14 | | for the purpose of training dogs to protect
persons or | 15 | | property or to conduct investigations. | 16 | | "Canine trainer authorization card" means a card issued by | 17 | | the Department that authorizes the
holder to train a dog to | 18 | | protect persons or property or to conduct investigations | 19 | | during the
performance of his or her duties as specified in | 20 | | this Act. | 21 | | "Canine training facility" means a facility operated by a | 22 | | licensed private detective agency or private
security | 23 | | contractor agency wherein dogs are trained for the purposes of | 24 | | protecting persons or property or to
conduct investigations.
| 25 | | "Corporation" means an artificial person or legal entity | 26 | | created by or under
the
authority of the laws of a state, |
| | | 10200HB4073sam001 | - 6 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | including without limitation a corporation,
limited liability | 2 | | company, or any other legal entity.
| 3 | | "Department" means the Department of Financial and
| 4 | | Professional Regulation.
| 5 | | "Emergency communication system" means any system that | 6 | | communicates information about emergencies, including but not | 7 | | limited to fire, terrorist activities, shootings, other | 8 | | dangerous situations, accidents, and natural disasters. | 9 | | "Employee" means a person who works for a person or agency | 10 | | that has the
right to
control the details of the work performed | 11 | | and is not dependent upon whether or
not
federal or state | 12 | | payroll taxes are withheld.
| 13 | | "Fingerprint vendor" means a person that offers, | 14 | | advertises, or provides services to fingerprint individuals, | 15 | | through electronic or other means, for the purpose of | 16 | | providing fingerprint images and associated demographic data | 17 | | to the Illinois State Police for processing fingerprint based | 18 | | criminal history record information inquiries. | 19 | | "Fingerprint vendor agency" means a person, firm, | 20 | | corporation, or other legal entity that engages in the | 21 | | fingerprint vendor business and employs, in addition to the | 22 | | fingerprint vendor licensee-in-charge, at least one other | 23 | | person in conducting that business. | 24 | | "Fingerprint vendor licensee-in-charge" means a person who | 25 | | has been designated by a fingerprint vendor agency to be the | 26 | | licensee-in-charge of an agency who is a full-time management |
| | | 10200HB4073sam001 | - 7 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | employee or owner who assumes sole responsibility for | 2 | | maintaining all records required by this Act and who assumes | 3 | | sole responsibility for assuring the licensed agency's | 4 | | compliance with its responsibilities as stated in this Act. | 5 | | The Department shall adopt rules mandating licensee-in-charge | 6 | | participation in agency affairs.
| 7 | | "Fire alarm system" means any system that is activated by | 8 | | an automatic or
manual device in the detection of smoke, heat, | 9 | | or fire that activates an
audible, visible, or
remote signal | 10 | | requiring a response.
| 11 | | "Firearm control card" means a card issued by the | 12 | | Department that
authorizes
the holder, who has complied with | 13 | | the training and other requirements of this Act, to carry a | 14 | | weapon during the performance of his or her duties as
| 15 | | specified in
this Act.
| 16 | | "Firm" means an unincorporated business entity, including | 17 | | but not limited to
proprietorships and partnerships.
| 18 | | "Licensee" means a person or business licensed under this | 19 | | Act. Anyone who holds himself or herself out as a licensee or | 20 | | who is accused of unlicensed practice is considered a licensee | 21 | | for purposes of enforcement, investigation, hearings, and the | 22 | | 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,
|
| | | 10200HB4073sam001 | - 8 - | LRB102 18168 AMQ 37900 a |
|
| 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 | 11 | | agency,
who is a
full-time management employee or owner who | 12 | | assumes sole responsibility
for
maintaining all records | 13 | | required by this Act, and who assumes sole
responsibility for
| 14 | | assuring the licensed agency's compliance with its | 15 | | responsibilities as stated
in this Act. The Department shall | 16 | | adopt rules mandating licensee-in-charge
participation in | 17 | | agency affairs.
| 18 | | "Mass notification system" means any system that is used | 19 | | to provide information and instructions to people in a | 20 | | building or other space using voice communications, including | 21 | | visible signals, text, graphics, tactile, or other | 22 | | communication methods. | 23 | | "Peace officer" or "police officer" means a person who, by | 24 | | virtue of office
or
public
employment, is vested by law with a | 25 | | duty to maintain public order or to make
arrests for
offenses, | 26 | | whether that duty extends to all offenses or is limited to |
| | | 10200HB4073sam001 | - 9 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | specific
offenses.
Officers, agents, or employees of the | 2 | | federal government commissioned by
federal
statute
to make | 3 | | arrests for violations of federal laws are considered peace | 4 | | officers.
| 5 | | "Permanent employee registration card" means a card issued | 6 | | by the Department
to an
individual who has applied to the | 7 | | Department and meets the requirements for
employment by a | 8 | | licensed agency under this Act.
| 9 | | "Person" means a natural person.
| 10 | | "Private alarm contractor" means a person who engages in a | 11 | | business that
individually or through others undertakes, | 12 | | offers to undertake, purports to
have the
capacity to | 13 | | undertake, or submits a bid to sell, install, design, monitor, | 14 | | maintain, test, inspect,
alter, repair,
replace, or service | 15 | | alarm and other security-related systems or parts thereof,
| 16 | | including fire
alarm systems, at protected premises or | 17 | | premises to be protected or responds to
alarm
systems at a | 18 | | protected premises on an emergency basis and not as a | 19 | | full-time
security officer. "Private alarm contractor" does | 20 | | not include a person, firm,
or
corporation that
manufactures | 21 | | or sells alarm systems
only from its place of business and does | 22 | | not sell, install, monitor, maintain,
alter, repair, replace, | 23 | | service, or respond to alarm systems at protected
premises or | 24 | | premises to be protected.
| 25 | | "Private alarm contractor agency" means a person, | 26 | | corporation, or other
entity
that
engages in the private alarm |
| | | 10200HB4073sam001 | - 10 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | contracting business and employs, in addition to
the private
| 2 | | alarm contractor-in-charge, at least one other person in | 3 | | conducting such
business.
| 4 | | "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
| 7 | | employee or owner who
assumes sole
responsibility for | 8 | | maintaining all records required by this Act, and who
assumes
| 9 | | sole
responsibility for assuring the licensed agency's | 10 | | compliance with its
responsibilities as
stated in this Act.
| 11 | | The Department shall adopt rules mandating licensee-in-charge | 12 | | participation in
agency affairs.
| 13 | | "Private detective" means any person who by any means, | 14 | | including, but not
limited to, manual, canine odor detection,
| 15 | | or electronic methods, engages in the business of, accepts
| 16 | | employment
to furnish, or agrees to make or makes | 17 | | investigations for a fee or other
consideration to
obtain | 18 | | information relating to:
| 19 | | (1) Crimes or wrongs done or threatened against the | 20 | | United States, any
state or
territory of the United | 21 | | States, or any local government of a state or
territory.
| 22 | | (2) The identity, habits, conduct, business | 23 | | occupation, honesty,
integrity,
credibility, knowledge, | 24 | | trustworthiness, efficiency, loyalty, activity,
| 25 | | movements, whereabouts, affiliations, associations, | 26 | | transactions, acts,
reputation, or character of any |
| | | 10200HB4073sam001 | - 11 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | person, firm, or other entity by any means,
manual or | 2 | | electronic.
| 3 | | (3) The location, disposition, or recovery of lost or | 4 | | stolen property.
| 5 | | (4) The cause, origin, or responsibility for fires, | 6 | | accidents, or injuries
to
individuals or real or personal | 7 | | property.
| 8 | | (5) The truth or falsity of any statement or | 9 | | representation.
| 10 | | (6) Securing evidence to be used before any court, | 11 | | board, or investigating
body.
| 12 | | (7) The protection of individuals from bodily harm or | 13 | | death (bodyguard
functions).
| 14 | | (8) Service of process in criminal and civil | 15 | | proceedings.
| 16 | | "Private detective agency" means a person, firm, | 17 | | corporation, or other legal
entity that engages
in the
private | 18 | | detective business and employs, in addition to the | 19 | | licensee-in-charge,
one or more
persons in conducting such | 20 | | business.
| 21 | | "Private detective licensee-in-charge" means a person who | 22 | | has been designated
by an agency
to be the licensee-in-charge | 23 | | of an
agency,
who is a full-time management employee or owner
| 24 | | who assumes sole
responsibility
for
maintaining all records | 25 | | required by this Act, and who assumes sole
responsibility
for | 26 | | assuring
the licensed agency's compliance with its |
| | | 10200HB4073sam001 | - 12 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | responsibilities as stated in this
Act. The Department shall | 2 | | adopt rules mandating licensee-in-charge
participation in | 3 | | agency affairs.
| 4 | | "Private security contractor" means a person who engages | 5 | | in the business of
providing a private security officer, | 6 | | watchman, patrol, guard dog, canine odor detection, or a | 7 | | similar service by
any other
title or name on a contractual | 8 | | basis for another person, firm, corporation, or
other entity
| 9 | | for a fee or other consideration and performing one or more of | 10 | | the following
functions:
| 11 | | (1) The prevention or detection of intrusion, entry, | 12 | | theft, vandalism,
abuse, fire,
or trespass on private or | 13 | | governmental property.
| 14 | | (2) The prevention, observation, or detection of any | 15 | | unauthorized activity
on
private or governmental property.
| 16 | | (3) The protection of persons authorized to be on the | 17 | | premises of the
person,
firm, or other entity for which | 18 | | the security contractor contractually provides
security | 19 | | services.
| 20 | | (4) The prevention of the misappropriation or | 21 | | concealment of goods, money,
bonds, stocks, notes, | 22 | | documents, or papers.
| 23 | | (5) The control, regulation, or direction of the | 24 | | movement of the public
for
the
time specifically required | 25 | | for the protection of property owned or controlled
by the | 26 | | client.
|
| | | 10200HB4073sam001 | - 13 - | LRB102 18168 AMQ 37900 a |
|
| 1 | | (6) The protection of individuals from bodily harm or | 2 | | death (bodyguard
functions).
| 3 | | "Private security contractor agency" means a person, firm, | 4 | | corporation, or
other legal entity that
engages in
the private | 5 | | security contractor business and that employs, in addition to | 6 | | the
licensee-in-charge, one or more persons in conducting such | 7 | | business.
| 8 | | "Private security contractor licensee-in-charge" means a | 9 | | person who has been
designated by an agency to be the
| 10 | | licensee-in-charge of an
agency, who is a full-time management | 11 | | employee or owner
who assumes sole responsibility for | 12 | | maintaining all records required by this
Act, and who
assumes | 13 | | sole responsibility for assuring the licensed agency's | 14 | | compliance with
its
responsibilities as
stated in this Act. | 15 | | The Department shall adopt rules mandating
licensee-in-charge | 16 | | participation in agency affairs.
| 17 | | "Public member" means a person who is not a licensee or | 18 | | related to a
licensee, or who is not an employer or employee of | 19 | | a licensee. The term
"related to" shall be determined by the | 20 | | rules of the Department.
| 21 | | "Secretary" means the Secretary of the Department of | 22 | | Financial and Professional Regulation.
| 23 | | (Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21; | 24 | | revised 10-26-21.)".
|
|