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90_HB2590ham001
LRB9008985ACsbam06
1 AMENDMENT TO HOUSE BILL 2590
2 AMENDMENT NO. . Amend House Bill 2590 by replacing
3 the title with the following:
4 "AN ACT regulating professions."; and
5 by inserting before the beginning of Section 5 the following:
6 "Section 4. The Pharmacy Practice Act of 1987 is amended
7 by changing Section 9 as follows:
8 (225 ILCS 85/9) (from Ch. 111, par. 4129)
9 Sec. 9. Registration as pharmacy technician. Any person
10 shall be entitled to registration as a registered pharmacy
11 technician who is of the age of 16 or over, has not engaged
12 in conduct or behavior determined to be grounds for
13 discipline under this Act, is of temperate habits, is
14 attending or has graduated from an accredited high school or
15 comparable school or educational institution, and has filed a
16 written application for registration on a form to be
17 prescribed and furnished by the Department for that
18 purpose. The Department shall issue a certificate of
19 registration as a registered pharmacy technician to any
20 applicant who has qualified as aforesaid, and such
21 registration shall be the sole authority required to assist
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1 licensed pharmacists in the practice of pharmacy, under the
2 personal supervision of a licensed pharmacist. The
3 Department may by rule establish training requirements for
4 pharmacy technicians. Any person registered as a pharmacy
5 technician who is also enrolled in a first professional
6 degree program in pharmacy in a school or college of pharmacy
7 or a department of pharmacy of a university approved by the
8 Department shall be considered a "student pharmacist" and
9 entitled to use the title "student pharmacist". The
10 Department, upon the recommendation of the Board, may take
11 any action set forth in Section 30 of this Act with regard to
12 certificates pursuant to this Section.
13 Any person who is enrolled in a non-traditional PharmD
14 program at an ACPE accredited college of pharmacy and is a
15 licensed pharmacist under the laws of another United States
16 jurisdiction shall be permitted to engage in the program of
17 practice experience required in the academic program by
18 virtue of such license. Such person shall be exempt from the
19 requirement of registration as a registered pharmacy
20 technician while engaged in the program of practice
21 experience required in the academic program.
22 An applicant for registration as a pharmacy technician
23 may assist a registered pharmacist in the practice of
24 pharmacy for a period of up to 60 days prior to the issuance
25 of a certificate of registration if the applicant has
26 submitted the required fee and an application for
27 registration to the Department. The applicant shall keep a
28 copy of the submitted application on the premises where the
29 applicant is assisting in the practice of pharmacy.
30 (Source: P.A. 90-253, eff. 7-29-97.)"; and
31 by inserting after Section 5 the following:
32 "Section 10. The Professional Boxing and Wrestling Act
33 is amended by changing Section 13 as follows:
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1 (225 ILCS 105/13) (from Ch. 111, par. 5013)
2 Sec. 13. Tickets to athletic events, other than an
3 athletic event conducted at premises with an indoor seating
4 capacity of more than 17,000, shall be printed in such form
5 as the Department shall prescribe. A sworn inventory of all
6 tickets printed for any event shall be mailed to the
7 Department by the printer not less than 7 days before the
8 event, and a sworn inventory of all tickets printed for any
9 event shall be sent to the Department by the promoter within
10 24 hours after receipt of delivery from the printer. The
11 total number of tickets printed shall not exceed the total
12 seating capacity of the premises in which the event is to be
13 held. No tickets of admission to any event, other than an
14 athletic event conducted at premises with an indoor seating
15 capacity of more than 17,000, shall be sold except those
16 declared on an official ticket inventory as described in this
17 Section.
18 A promoter who conducts an athletic event under this Act,
19 other than an athletic event conducted at premises with an
20 indoor seating capacity of more than 17,000, shall, within 24
21 hours after such event: (1) furnish to the Department a
22 written report verified by the promoter or his authorized
23 designee showing the number of tickets sold for the contest
24 and the amount of the gross proceeds thereof; and (2) pay to
25 the State Treasurer a tax of 10% of the first $500,000 of
26 gross receipts from the sale of admission tickets, to be
27 placed in the General Revenue Fund. Also, every person,
28 showing or holding any boxing match or wrestling exhibition
29 on a closed circuit telecast viewed in this State, whether
30 originating within this State, or another state or country,
31 where admission is charged, shall register with the
32 Department and pay a $400 fee each year of registration.
33 Registrant shall be entitled to show unlimited closed circuit
34 events during the year the registration is valid. A $25 fee
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1 shall be paid for each event at each location where the
2 boxing contest or wrestling exhibition is shown by a licensed
3 Illinois promoter. The Department shall prescribe rules for
4 the implementation of this registration. These closed
5 circuit TV fees shall be paid to the Department of
6 Professional Regulation. furnish the Athletic Section of the
7 Department a written report, under oath, stating the number
8 of tickets sold for such showing and the amount of the gross
9 proceeds thereof, and such other matters as the Athletic
10 Board prescribes and shall within 24 hours after the showing
11 of the contest pay to the State Treasurer a 5% tax on the
12 total gross receipts from the sale of tickets for the showing
13 of such match. A fee must be paid for each location where
14 the boxing contest or wrestling exhibition is shown by a
15 licensed Illinois promoter.
16 (Source: P.A. 88-595, eff. 8-26-94.)
17 Section 15. The Professional Counselor and Clinical
18 Professional Counselor Licensing Act is amended by changing
19 Section 55 as follows:
20 (225 ILCS 107/55)
21 Sec. 55. Implementation; transitional periods.
22 (a) Professional counselor.
23 (1) Without examination, the Department shall issue
24 a nonrenewable temporary license, which shall expire
25 March 5, 1999 September 5, 1998, to any person who
26 applies to the Department on forms provided by the
27 Department, submits the fee for temporary licensure and:
28 (A) has a minimum of a master's degree in the
29 field of counseling, rehabilitation counseling,
30 psychology, or similar program from a college,
31 university, or school recognized by the educational
32 governing authority in the jurisdiction in which it
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1 is located; or
2 (B) has a baccalaureate degree from a college,
3 university, or school recognized by the educational
4 governing authority in the jurisdiction in which it
5 is located and can document the equivalent of 3
6 years full-time satisfactory supervised experience
7 as a professional counselor.
8 (2) All holders of a professional counseling
9 temporary license issued under part B of paragraph (1) of
10 this subsection (a) must document the equivalent of an
11 additional 2 years full-time supervised work in order to
12 become eligible to take the exam for a permanent license.
13 (3) All persons holding a temporary license shall
14 complete any additional experience requirements, apply to
15 sit for the examination, submit the required fees, and
16 pass an examination specified by the Department by March
17 5, 1999 September 5, 1998, in order to be eligible to
18 obtain a professional counselor license. Upon passing the
19 exam, persons holding a temporary license as a
20 professional counselor may be issued a professional
21 counselor license. Persons holding a temporary license
22 who do not pass the examination by March 5, 1999
23 September 5, 1998, will be required to submit an
24 application under Section 35 and meet the requirements in
25 effect at the time of reapplication.
26 (4) Any person who has received certification by
27 any State or national organization whose standards are
28 accepted by the Department as being substantially similar
29 to the standards in this Act may apply for a professional
30 counselor license, and need not be examined further.
31 (b) Clinical professional counselor.
32 (1) Without examination, the Department shall issue
33 a nonrenewable temporary license, which shall expire on
34 March 5, 1999 September 5, 1998, to any person who
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1 applies to the Department on forms provided by the
2 Department, submits the fee for temporary licensure, and:
3 (A) has a minimum of a master's degree in the
4 field of counseling, rehabilitation counseling,
5 psychology, or related field from a college,
6 university, or school recognized by the educational
7 governing authority in the jurisdiction in which it
8 is located; and
9 (B) can document the equivalent of one unit of
10 acceptable experience.
11 (2) All persons holding a temporary clinical
12 professional counselor license shall (A) document the
13 completion of an additional one unit of acceptable
14 experience; (B) apply to sit for the examination; (C)
15 submit the required fees; and (D) pass an examination
16 specified by the Department by March 5, 1999 September 5,
17 1998, in order to be eligible to obtain a clinical
18 professional counselor's license. Upon passing the exam,
19 persons holding a temporary license as a clinical
20 professional counselor may be issued a professional
21 counselor license. Persons holding a temporary license
22 who do not pass the examination by March 5, 1999
23 September 1, 1998, shall be required to submit an
24 application under Section 35 and meet the requirements in
25 effect at the time of reapplication.
26 (3) For the purposes of this Section only, one unit
27 of acceptable experience is either (A) the equivalent of
28 one year full-time work experience under the direction of
29 a qualified supervisor or (B) the equivalent of 2 years
30 work experience independent of the direction of a
31 qualified supervisor. The unit requirements of this
32 Section may be satisfied by supervised experience,
33 independent experience, or a combination of supervised
34 and independent experience.
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1 (4) For the purposes of this Section only,
2 acceptable supervisors are those who at the time of
3 supervision were master's level or doctoral level
4 counselors, certified social workers or licensed clinical
5 social workers, registered clinical psychologists or
6 licensed clinical psychologists, or psychiatrists as
7 defined in Section 1-121 of the Mental Health and
8 Developmental Disabilities Code. One of these 2 years of
9 supervision may be provided by a certified rehabilitation
10 counselor.
11 (5) Any person who has received certification by
12 any State or national organization whose standards are
13 accepted by the Department may apply for a clinical
14 professional counselor license, and need not be examined
15 further.
16 (Source: P.A. 87-1011; 87-1212; 87-1269; 88-45.)
17 Section 20. The Barber, Cosmetology, Esthetics, and Nail
18 Technology Act of 1985 is amended by changing Sections 2A-7
19 and 4-2 as follows:
20 (225 ILCS 410/2A-7)
21 Sec. 2A-7. Requirements for licensure as barber school.
22 A person, firm, or corporation may not own, operate or
23 conduct a school or college of barbering for the purpose of
24 teaching barbering for compensation without filing an
25 application with the Department on forms provided by the
26 Department, paying the required fees, and complying with the
27 following requirements:
28 1. The applicant must submit to the Department for
29 approval:
30 a. A floor plan, drawn to a scale specified on
31 the floor plan, showing every detail of the proposed
32 school;
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1 b. A lease commitment or proof of ownership
2 for the location of the proposed school; a lease
3 commitment must provide for execution of the lease
4 upon the Department's approval of the school's
5 application and the lease must be for a period of at
6 least one year; and
7 c. A written inspection report made by the
8 State Fire Marshal approving the use of the proposed
9 premises as a barbering school.
10 2. The applicant must submit a certified financial
11 statement prepared by a licensed public accountant who is
12 not an employee of the school, indicating sufficient
13 finances to guarantee operation for one full year.
14 3. The proposed barber school or college shall have
15 a minimum of one theory or demonstration room, one
16 workroom, and 2 toilet facilities.
17 The minimum equipment in the workroom shall be 20
18 barber chairs, one cabinet and one wet sterilizer for
19 each barber chair, four shampoo basins complete with
20 shampoo spray, one electric vibrator for each l0 barber
21 chairs, and one scalp-treatment high frequency
22 electricity apparatus for each l0 barber chairs.
23 The municipality in which the proposed new barber
24 school is to be located shall be large enough to support
25 the proposed barber school to the degree that the
26 students who might be enrolled in the proposed barber
27 school would be assured of sufficient practice to enable
28 them to become competent workers. The municipality shall
29 be deemed large enough to support a barber school if the
30 number of barber chairs in the proposed barber school,
31 together with those in any other existing barber school
32 in the municipality, does not exceed the ratio of one
33 barber chair for each 4000 people in the municipality as
34 determined by the most recent federal decennial census.
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1 This provision does not prevent an existing barber school
2 from moving to a new location within the State.
3 It shall be a requirement for maintaining and
4 renewing a barber school license that the school or
5 college of barbering actually provide instruction and
6 teaching, as well as maintain the equipment required by
7 this Section. If a barber school ceases operation for
8 any reason, the Department shall place the school's
9 license on inoperative status, without hearing, for a
10 period of up to one year from the date that the school
11 ceases operation. A barber school license on inoperative
12 status may be restored by the Department upon resumption
13 of operation in accordance with the requirements of this
14 Act. A license on inoperative status may not be renewed.
15 A barber school license that remains on inoperative
16 status for a period of one year shall automatically,
17 without hearing, be cancelled. A cancelled license may
18 not be renewed or restored. A person, firm, or
19 corporation whose license has been cancelled and who
20 wishes to own, operate, or conduct a school or college of
21 barbering for the purpose of teaching barbering for
22 compensation must apply for a new license.
23 An inoperative license counts against the
24 requirement that the ratio of barber chairs be no more
25 than one barber chair for each 4000 people in a
26 municipality, but a license that has been cancelled no
27 longer counts against the ratio requirement.
28 4. The proposed barber school or college shall have
29 a curriculum that includes each of the following
30 subjects: the preparation and care of barber implements,
31 the art of haircutting, styling, shaving, beard trimming
32 and shampooing, facial and scalp massaging and treatments
33 either by hand or mechanical appliances, hair tinting,
34 coloring, and bleaching, permanent waving, barber
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1 anatomy, physiology, bacteriology, sanitation, barber
2 history, Illinois barber law, electricity and light rays,
3 and a course dealing with the common diseases of the skin
4 and methods to avoid the aggravation and spreading
5 thereof in the practice of barbering.
6 In a l500 hour barber course all students shall
7 receive a minimum of l50 hours of lectures,
8 demonstrations, or discussions. The remaining l350 hours
9 shall be devoted to practical application of the
10 student's skill in the workroom, or to additional theory
11 or other classwork, at the discretion of the instructor.
12 5. The school shall comply with all rules of the
13 Department establishing the necessary curriculum and
14 equipment required for the conduct of such school.
15 6. The school shall employ a sufficient number of
16 qualified teachers of barbering who are holders of a
17 current license issued by the Department, which staff is
18 adequate only if the ratio of students to teachers does
19 not exceed 25 students for each barber teacher.
20 7. A final inspection of the barber school shall be
21 made by the Department before the school may commence
22 classes. The inspection shall include a determination of
23 whether:
24 a. All of the requirements of paragraph 1 of
25 this Section have been met.
26 b. The school is in compliance with all rules
27 of the Department established for the purpose of
28 determining the necessary curriculum and equipment
29 required for the school.
30 c. A sufficient number of qualified teachers
31 of barbering who are holders of current licenses
32 issued by the Department are employed.
33 Upon meeting all of the above requirements, the
34 Department may issue a license and the school may commence
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1 classes.
2 No barber school may cease operation without first
3 delivering its student records to a place of safekeeping in
4 accordance with Department rule.
5 (Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97.)
6 (225 ILCS 410/4-2) (from Ch. 111, par. 1704-2)
7 Sec. 4-2. The Barber, Cosmetology, Esthetics, and Nail
8 Technology Committee. There is established within the
9 Department the Barber, Cosmetology, Esthetics, and Nail
10 Technology Committee, composed of 11 persons designated from
11 time to time by the Director to advise the Director in all
12 matters related to the practice of barbering, cosmetology,
13 esthetics, and nail technology.
14 The 11 members of the Committee shall be appointed as
15 follows: 6 licensed cosmetologists, all of whom hold a
16 current license as a cosmetologist or cosmetology teacher
17 and, for appointments made after the effective date of this
18 amendatory Act of 1996, at least 2 of whom shall be an owner
19 of or a major stockholder in a school of cosmetology, one of
20 whom shall be a representative of a franchiser with 5 or more
21 locations within the State, one of whom shall be a
22 representative of an owner operating salons in 5 or more
23 locations within the State, one of whom shall be an
24 independent salon owner, and no one of the cosmetologist
25 members shall be a manufacturer, jobber, or stockholder in a
26 factory of cosmetology articles or an immediate family member
27 of any of the above; 2 of whom shall be barbers holding a
28 current license; one member who shall be a licensed
29 esthetician or esthetics teacher; one member who shall be a
30 licensed nail technician or nail technology teacher; and one
31 public member who holds no licenses issued by the Department.
32 The Director shall give due consideration for membership to
33 recommendations by members of the professions and by their
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1 professional organizations. Members shall serve 4 year terms
2 and until their successors are appointed and qualified;
3 except that of the initial appointments under this Act, 4
4 members shall be appointed to serve for 2 years, 3 members
5 shall be appointed to serve for 3 years, and the remaining 3
6 members shall be appointed to serve for 4 years, until their
7 successors are appointed and qualified. No member shall be
8 reappointed to the Committee for more than 2 terms.
9 Appointments to fill vacancies shall be made in the same
10 manner as original appointments for the unexpired portion of
11 the vacated term. Initial terms shall begin upon the
12 effective date of this Act. Members of the Committee in
13 office on the effective date of this amendatory Act of 1996
14 shall continue to serve for the duration of the terms to
15 which they have been appointed, but beginning on that
16 effective date all appointments of licensed cosmetologists
17 and barbers to serve as members of the Committee shall be
18 made in a manner that will effect at the earliest possible
19 date the changes made by this amendatory Act of 1996 in the
20 representative composition of the Committee.
21 Whenever the Director is satisfied that substantial
22 justice has not been done in an examination, the Director may
23 order a reexamination by the same or other examiners.
24 (Source: P.A. 88-362; 89-387, eff. 1-1-96; 89-706, eff.
25 1-31-97.)
26 Section 25. The Private Detective, Private Alarm,
27 Private Security, and Locksmith Act of 1993 is amended by
28 changing Section 75 as follows:
29 (225 ILCS 446/75)
30 Sec. 75. Qualifications for licensure and agency
31 certification.
32 (a) Private Detective. A person is qualified to receive
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1 a license as a private detective if he or she meets all of
2 the following requirements:
3 (1) Is at least 21 years of age.
4 (2) Has not been convicted in any jurisdiction of
5 any felony or at least 10 years have expired from the
6 time of discharge from any sentence imposed for a felony.
7 (3) Is of good moral character. Good character is
8 a continuing requirement of licensure. Conviction of
9 crimes not listed in paragraph (2) of subsection (a) of
10 this Section may be used in determining moral character,
11 but does not operate as an absolute bar to licensure.
12 (4) Has not been declared by any court of competent
13 jurisdiction to be incompetent by reason of mental or
14 physical defect or disease unless a court has since
15 declared him or her to be competent.
16 (5) Is not suffering from habitual drunkenness or
17 from narcotic addiction or dependence.
18 (6) Has a minimum of 3 years experience out of the
19 5 years immediately preceding his or her application
20 working full-time for a licensed private detective agency
21 as a registered private detective employee or with 3
22 years experience out of the 5 years immediately preceding
23 his or her application employed as a full-time
24 investigator in a law enforcement agency of a federal or
25 State political subdivision, approved by the Board and
26 the Department; or an applicant who has obtained a
27 baccalaureate degree in police science or a related field
28 or a business degree from an accredited college or
29 university shall be given credit for 2 of the 3 years
30 experience required under this Section. An applicant who
31 has obtained an associate degree in police science or a
32 related field or in business from an accredited college
33 or university shall be given credit for one of the 3
34 years experience required under this Section.
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1 (7) Has not been dishonorably discharged from the
2 armed services of the United States.
3 (8) Has successfully passed an examination
4 authorized by the Department. The examination shall
5 include subjects reasonably related to the activities
6 licensed so as to provide for the protection of the
7 health and safety of the public.
8 (9) Has not violated Section 15, 20, or 25 of this
9 Act, but this requirement does not operate as an absolute
10 bar to licensure.
11 It is the responsibility of the applicant to obtain
12 liability insurance in an amount and coverage type
13 appropriate as determined by rule for the applicant's
14 individual business circumstances. The applicant shall
15 provide evidence of insurance to the Department before being
16 issued a license. This insurance requirement is a continuing
17 requirement for licensure. Failure to maintain insurance
18 shall result in cancellation of the license by the
19 Department.
20 (b) Private security contractor. A person is qualified
21 to receive a license as a private security contractor if he
22 or she meets all of the following requirements:
23 (1) Is at least 21 years of age.
24 (2) Has not been convicted in any jurisdiction of
25 any felony or at least 10 years have expired from the
26 time of discharge from any sentence imposed for a felony.
27 (3) Is of good moral character. Good moral
28 character is a continuing requirement of licensure.
29 Convictions of crimes not listed in paragraph (2) of
30 subsection (b) of this Section may be used in determining
31 moral character, but do not operate as an absolute bar to
32 licensure.
33 (4) Has not been declared by any court of competent
34 jurisdiction to be incompetent by reason of mental or
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1 physical defect or disease unless a court has since
2 declared him or her to be competent.
3 (5) Is not suffering from habitual drunkenness or
4 from narcotic addiction or dependence.
5 (6) Has a minimum of 3 years experience out of the
6 5 years immediately preceding his or her application as a
7 full-time manager or administrator for a licensed private
8 security contractor agency or a manager or administrator
9 of a proprietary security force of 30 or more persons
10 registered with the Department, or with 3 years
11 experience out of the 5 years immediately preceding his
12 or her application as a full-time supervisor in a law
13 enforcement agency of a federal or State political
14 subdivision, approved by the Board and the Department; or
15 an applicant who has obtained a baccalaureate degree in
16 police science or a related field or a business degree
17 from an accredited college or university shall be given
18 credit for 2 of the 3 years experience required under
19 this Section. An applicant who has obtained an associate
20 degree in police science or a related field or in
21 business from an accredited college or university shall
22 be given credit for one of the 3 years experience
23 required under this Section.
24 (7) Has not been dishonorably discharged from the
25 armed services of the United States.
26 (8) Has successfully passed an examination
27 authorized by the Department. The examination shall
28 include subjects reasonably related to the activities
29 licensed so as to provide for the protection of the
30 health and safety of the public.
31 (9) Has not violated Section 15, 20, or 25 of this
32 Act, but this requirement does not operate as an absolute
33 bar to licensure.
34 (10) It is the responsibility of the applicant to
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1 obtain liability insurance in amount and coverage type
2 appropriate as determined by rule for the applicant's
3 individual business circumstances. The applicant shall
4 provide evidence of insurance to the Department before
5 being issued a license. This insurance requirement is a
6 continuing requirement for licensure. Failure to
7 maintain insurance shall result in cancellation of the
8 license by the Department.
9 (c) Private alarm contractor. A person is qualified to
10 receive a license as a private alarm contractor if he or she
11 meets all of the following requirements:
12 (1) Is at least 21 years of age.
13 (2) Has not been convicted in any jurisdiction of
14 any felony or at least 10 years have expired from the
15 time of discharge from any sentence imposed for a felony.
16 (3) Is of good moral character. Good moral
17 character is a continuing requirement of licensure.
18 Convictions of crimes not listed in paragraph (2) of
19 subsection (c) of this Section may be used in determining
20 moral character, but do not operate as 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 since
25 declared him or her to be competent.
26 (5) Is not suffering from habitual drunkenness or
27 from narcotic addiction or dependence.
28 (6) Has not been dishonorably discharged from the
29 armed services of the United States.
30 (7) Has a minimum of 3 years experience out of the
31 5 years immediately preceding application as a full time
32 manager or administrator for an agency licensed as a
33 private alarm contractor agency, or for an entity that
34 designs, sells, installs, services, or monitors alarm
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1 systems which in the judgment of the Board satisfies
2 standards of alarm industry competence. An individual who
3 has received a 4 year degree in electrical engineering or
4 a related field from a program approved by the Board
5 shall be given credit for 2 years of experience under
6 this item (7). An individual who has successfully
7 completed a national certification program approved by
8 the Board shall be given credit for one year of
9 experience under this item (7).
10 (8) Has successfully passed an examination
11 authorized by the Department. The examination shall
12 include subjects reasonably related to the activities
13 licensed so as to provide for the protection of the
14 health and safety of the public.
15 (9) Has not violated Section 15, 20, or 25 of this
16 Act, but this requirement does not operate as an absolute
17 bar to licensure.
18 (10) It is the responsibility of the applicant to
19 obtain liability insurance in an amount and coverage type
20 appropriate as determined by rule for the applicant's
21 individual business circumstances. The applicant shall
22 provide evidence of insurance to the Department before
23 being issued a license. This insurance requirement is a
24 continuing requirement for licensure. Failure to
25 maintain insurance shall result in cancellation of the
26 license by the Department.
27 (d) Locksmith. A person is qualified to receive a
28 license as a locksmith if he or she meets all of the
29 following requirements:
30 (1) Is at least 18 years of age.
31 (2) Has not violated any provisions of Section 120
32 of this Act.
33 (3) Has not been convicted in any jurisdiction of
34 any felony or at least 10 years have expired from the
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1 time of discharge from any sentence imposed for a felony.
2 (4) Is of good moral character. Good moral
3 character is a continuing requirement of licensure.
4 Convictions of crimes not listed in paragraph (3) of
5 subsection (d) of this Section may be used in determining
6 moral character, but do not operate as an absolute bar to
7 licensure.
8 (5) Has not been declared by any court of competent
9 jurisdiction to be incompetent by reason of mental or
10 physical defect or disease unless a court has since
11 declared him or her to be competent.
12 (6) Is not suffering from habitual drunkenness or
13 from narcotic addiction or dependence.
14 (7) Has not been dishonorably discharged from the
15 armed services of the United States.
16 (8) Has passed an examination authorized by the
17 Department in the theory and practice of the profession.
18 (9) Has submitted to the Department proof of
19 insurance sufficient for the individual's business
20 circumstances. The Department, with input from the
21 Board, shall promulgate rules specifying minimum
22 insurance requirements. This insurance requirement is a
23 continuing requirement for licensure. Failure to
24 maintain insurance shall result in the cancellation of
25 the license by the Department. A locksmith employed by a
26 licensed locksmith agency or employed by a private
27 concern may provide proof that his or her actions as a
28 locksmith are covered by the insurance of his or her
29 employer.
30 (e) Private detective agency. Upon payment of the
31 required fee and proof that the applicant has a full-time
32 Illinois licensed private detective in charge, which is a
33 continuing requirement for agency certification, the
34 Department shall issue, without examination, a certificate as
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1 a private detective agency to any of the following:
2 (1) An individual who submits an application in
3 writing and who is a licensed private detective under
4 this Act.
5 (2) A firm or association that submits an
6 application in writing and all of the members of the firm
7 or association are licensed private detectives under this
8 Act.
9 (3) A duly incorporated or registered corporation
10 allowed to do business in Illinois that is authorized by
11 its articles of incorporation to engage in the business
12 of conducting a detective agency, provided at least one
13 officer or executive employee is licensed as a private
14 detective under this Act and all unlicensed officers and
15 directors of the corporation are determined by the
16 Department to be persons of good moral character.
17 No private detective may be the private detective in
18 charge for more than one agency except for an individual who,
19 on the effective date of this Act, is currently and actively
20 a licensee for more than one agency. Upon written request by
21 a representative of an agency within 10 days after the loss
22 of a licensee in charge of an agency because of the death of
23 that individual or because of an unanticipated termination of
24 the employment of that individual, the Department shall issue
25 a temporary permit allowing the continuing operation of a
26 previously licensed agency. No temporary permit shall be
27 valid for more than 90 days. An extension of an additional
28 90 days may be granted by the Department for good cause shown
29 upon written request by the representative of the agency. No
30 more than 2 extensions may be granted to any agency. No
31 temporary permit shall be issued for the loss of the
32 detective in charge because of disciplinary action by the
33 Department.
34 (f) Private alarm contractor agency. Upon receipt of
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1 the required fee and proof that the applicant has a full-time
2 Illinois licensed private alarm contractor in charge, which
3 is a continuing requirement for agency certification, the
4 Department shall issue, without examination, a certificate as
5 a private alarm contractor agency to any of the following:
6 (1) An individual who submits an application in
7 writing and who is a licensed private alarm contractor
8 under this Act.
9 (2) A firm or association that submits an
10 application in writing that all of the members of the
11 firm or association are licensed private alarm
12 contractors under this Act.
13 (3) A duly incorporated or registered corporation
14 allowed to do business in Illinois that is authorized by
15 its articles of incorporation to engage in the business
16 of conducting a private alarm contractor agency, provided
17 at least one officer or executive employee is licensed as
18 a private alarm contractor under this Act and all
19 unlicensed officers and directors of the corporation are
20 determined by the Department to be persons of good moral
21 character.
22 No private alarm contractor may be the private alarm
23 contractor in charge for more than one agency except for any
24 individual who, on the effective date of this Act, is
25 currently and actively a licensee for more than one agency.
26 Upon written request by a representative of an agency within
27 10 days after the loss of a licensed private alarm contractor
28 in charge of an agency because of the death of that
29 individual or because of the unanticipated termination of the
30 employment of that individual, the Department shall issue a
31 temporary permit allowing the continuing operation of a
32 previously licensed agency. No temporary permit shall be
33 valid for more than 90 days. An extension of an additional
34 90 days may be granted by the Department for good cause shown
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1 and upon written request by the representative of the agency.
2 No more than 2 extensions may be granted to any agency. No
3 temporary permit shall be issued for the loss of the licensee
4 in charge because of disciplinary action by the Department.
5 (g) Private security contractor agency. Upon receipt of
6 the required fee and proof that the applicant has a full-time
7 Illinois licensed private security contractor in charge,
8 which is continuing requirement for agency certification, the
9 Department shall issue, without examination, a certificate as
10 a private security contractor agency to any of the following:
11 (1) An individual who submits an application in
12 writing and who is a licensed private security contractor
13 under this Act.
14 (2) A firm or association that submits an
15 application in writing that all of the members are
16 licensed private security contractors under this Act.
17 (3) A duly incorporated or registered corporation
18 allowed to do business in Illinois that is authorized by
19 its articles of incorporation to engage in the business
20 of conducting a private security contractor agency,
21 provided at least one officer or executive employee is
22 licensed as a private security contractor under this Act
23 and all unlicensed officers and directors of the
24 corporation are determined by the Department to be
25 persons of good moral character.
26 No private security contractor may be the private
27 security contractor in charge for more than one agency except
28 for any individual who, on the effective date of this Act, is
29 currently and actively a licensee for more than one agency.
30 Upon written request by a representative of the agency within
31 10 days after the loss of a licensee in charge of an agency
32 because of the death of that individual or because of the
33 unanticipated termination of the employment of that
34 individual, the Department shall issue a temporary permit
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1 allowing the continuing operation of a previously licensed
2 agency. No temporary permit shall be valid for more than 90
3 days. An extension of an additional 90 days may be granted
4 upon written request by the representative of the agency. No
5 more than 2 extensions may be granted to any agency. No
6 temporary permit shall be issued for the loss of the licensee
7 in charge because of disciplinary action by the Department.
8 (h) Licensed locksmith agency. Upon receipt of the
9 required fee and proof that the applicant is an Illinois
10 licensed locksmith who shall assume full responsibility for
11 the operation of the agency and the directed actions of the
12 agency's employees, which is a continuing requirement for
13 agency licensure, the Department shall issue, without
14 examination, a certificate as a Locksmith Agency to any of
15 the following:
16 (1) An individual who submits an application in
17 writing and who is a licensed locksmith under this Act.
18 (2) A firm or association that submits an
19 application in writing and certifies that all of the
20 members of the firm or association are licensed
21 locksmiths under this Act.
22 (3) A duly incorporated or registered corporation
23 or limited liability company allowed to do business in
24 Illinois that is authorized by its articles of
25 incorporation or organization to engage in the business
26 of conducting a locksmith agency, provided that at least
27 one officer or executive employee of a corporation or one
28 member of a limited liability company is licensed as a
29 locksmith under this Act, and provided that person agrees
30 in writing on a form acceptable to the Department to
31 assume full responsibility for the operation of the
32 agency and the directed actions of the agency's
33 employees, and further provided that all unlicensed
34 officers and directors of the corporation or members of
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1 the limited liability company are determined by the
2 Department to be persons of good moral character.
3 An individual licensed locksmith operating under a
4 business name other than the licensed locksmith's own name
5 shall not be required to obtain a locksmith agency license if
6 that licensed locksmith does not employ any persons to engage
7 in the practice of locksmithing.
8 An applicant for licensure as a locksmith agency shall
9 submit to the Department proof of insurance sufficient for
10 the agency's business circumstances. The Department shall
11 promulgate rules specifying minimum insurance requirements.
12 This insurance requirement is a continuing requirement for
13 licensure.
14 No licensed locksmith may be the licensed locksmith
15 responsible for the operation of more than one agency except
16 for any individual who submits proof to the Department that,
17 on the effective date of this amendatory Act of 1995, he or
18 she is actively responsible for the operations of more than
19 one agency. A licensed private alarm contractor who is
20 responsible for the operation of a licensed private alarm
21 contractor agency and who is a licensed locksmith may also be
22 the licensed locksmith responsible for the operation of a
23 locksmith agency.
24 Upon written request by a representative of an agency
25 within 10 days after the loss of a responsible licensed
26 locksmith of an agency, because of the death of that
27 individual or because of the unanticipated termination of the
28 employment of that individual, the Department shall issue a
29 temporary permit allowing the continuing operation of a
30 previously licensed locksmith agency. No temporary permit
31 shall be valid for more than 90 days. An extension for an
32 additional 90 days may be granted by the Department for good
33 cause shown and upon written request by a representative of
34 the agency. No more than 2 extensions may be granted to any
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1 agency. No temporary permit shall be issued to any agency
2 due to the loss of the responsible locksmith because of
3 disciplinary action by the Department.
4 (i) Proprietary Security Force. All commercial or
5 industrial operations that employ 5 or more persons as armed
6 security guards and all financial institutions that employ
7 armed security guards shall register their security forces
8 with the Department on forms provided by the Department.
9 All armed security guard employees of the registered
10 proprietary security force shall be required to complete a
11 20-hour basic training course and 20-hour firearm training
12 course in accordance with administrative rules.
13 Each proprietary security force shall be required to
14 apply to the Department, on forms supplied by the Department,
15 for the issuance of a firearm authorization card, in
16 accordance with administrative rules, for each armed employee
17 of the security force.
18 The Department shall prescribe rules for the
19 administration of this Section.
20 (j) (i) Any licensed agency that operates a branch
21 office as defined in this Act shall apply for a branch office
22 license.
23 (Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96;
24 89-626, eff. 8-9-96; 90-436, eff. 1-1-98.)".