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| [ House Amendment 001 ] |
92_HB2219
LRB9204834LBmg
1 AN ACT concerning the regulation of professions.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Private Detective, Private Alarm, Private
5 Security, and Locksmith Act of 1993 is amended by changing
6 Section 5 as follows:
7 (225 ILCS 446/5)
8 Sec. 5. Definitions. In this Act:
9 "Armed employee" means a licensee or a person who is
10 currently employed by an agency certified under this Act who
11 is armed while engaged in the performance of official duties
12 within the course and scope of his or her employment or
13 exclusively employed by an employer during the hours or times
14 he or she is scheduled to work for that employer, or is
15 commuting between his or her home and place of employment,
16 provided the commuting is accomplished within one hour from
17 departure from home or place of employment, and there exists
18 an employer/employee relationship, whose full or part-time
19 duties include the wearing, carrying or possessing of a
20 firearm in the performance of those duties.
21 "Board" means the Illinois Private Detective, Private
22 Alarm, Private Security, and Locksmith Board.
23 "Department" means the Illinois Department of
24 Professional Regulation.
25 "Director" means the Director of the Department of
26 Professional Regulation.
27 "Person" means a natural person.
28 "Private alarm contractor" means any person who engages
29 in a business that sells, installs, monitors, maintains,
30 alters, repairs, replaces, services, or responds to alarm
31 systems, including fire alarm systems, at protected premises
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1 or at premises to be protected on an emergency basis and not
2 as a full-time security guard; but the term does not include
3 a person, firm, or corporation that manufactures or sells
4 alarm systems only from its place of business and does not
5 sell, install, monitor, maintain, alter, repair, replace,
6 service, or respond to alarm systems at protected premises or
7 premises to be protected or a licensed electrical contractor
8 who repairs or services fire alarm systems on an "emergency
9 call-in basis", or who sells, installs, maintains, alters,
10 and repairs, or services fire alarm systems. A person
11 "engages" in a business when he does the business himself or
12 by or through others, undertakes to do it, offers to do it,
13 represents himself as having the capacity to do it or to
14 undertake to do it, or submits a bid to do it.
15 "Private alarm contractor agency" means any person, firm,
16 association, or corporation that engages in the private alarm
17 contractor business and employs one or more persons in
18 conducting the business.
19 "Private detective" means any person who by any means,
20 including but not limited to manual or electronic methods,
21 engages in the business of, accepts employment to furnish, or
22 agrees to make or makes investigations for fees or other
23 valuable consideration to obtain information with reference
24 to:
25 (1) Crime or wrongs done or threatened against the
26 United States or any state or territory of the United
27 States.
28 (2) The identity, habits, conduct, business
29 occupation, honesty, integrity, credibility, knowledge,
30 trustworthiness, efficiency, loyalty, activity,
31 movements, whereabouts, affiliations, associations,
32 transactions, acts, reputation, or character of any
33 person, firm, association, or corporation, by any means,
34 manually or electronically.
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1 (3) The location, disposition, or recovery of lost
2 or stolen property.
3 (4) The cause, origin, or responsibility for fires,
4 accidents, or injuries to real or personal property.
5 (5) The truth or falsity of any statement or
6 representation.
7 (6) Securing evidence to be used before any court,
8 board, officer, or investigating committee.
9 (7) Personal protection of individuals from bodily
10 harm or death (bodyguard functions).
11 (8) Service of process in criminal and civil
12 proceedings without court order.
13 "Private detective agency" means any person, firm,
14 association, or corporation that engages in the private
15 detective business and employs one or more persons in
16 conducting the business.
17 "Private security contractor" means any person who
18 engages in the business of providing a private guard,
19 watchman, patrol service, or any like service by any other
20 title or name on a contractual basis for another person,
21 firm, association, or corporation for a fee or other valuable
22 consideration and performing one or more of the following
23 functions:
24 (1) The prevention or detection of intrusion,
25 entry, theft, vandalism, abuse, fire, or trespass on
26 private or governmental property.
27 (2) The prevention, observation, or detection of
28 any unauthorized activity on private or governmental
29 property.
30 (3) The protection of patrons and persons lawfully
31 authorized to be on the premises of the person, firm,
32 association, or corporation for whom he or she
33 contractually is obligated to provide security services.
34 (4) The prevention of the misappropriation or
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1 concealment of goods, money, bonds, stocks, notes,
2 valuable documents, or papers.
3 (5) The control, regulation, or direction of the
4 flow or movement of the public, whether by vehicle or
5 otherwise, only to the extent and for the time directly
6 and specifically required to assure the protection of
7 property on property owned or controlled by the client.
8 (6) The protection of individuals from bodily harm
9 or death (bodyguard functions).
10 "Private security contractor agency" means any person,
11 firm, association, or corporation that engages in the private
12 security contractor business and that employs one or more
13 persons in conducting the business.
14 "Locksmith" means a person who has received a license
15 under this Act and who engages in the practice of
16 locksmithing as defined in this Act.
17 "Locksmith agency" means any person, firm, association,
18 or corporation that engages in the locksmith business and
19 that employs one or more persons in conducting the business.
20 "The practice of locksmithing" includes, but is not
21 limited to, the servicing, installing, originating first
22 keys, re-coding, manipulation, or bypassing of mechanical or
23 electronic locking devices at premises, vehicles, safes,
24 vaults, safe deposit boxes, or automatic teller machines.
25 "Public member" means a person who is not a licensee or a
26 relative of a licensee, or who is not an employer or an
27 employee of a licensee. The term "relative" shall be
28 determined by rules of the Department.
29 "In charge" means the individual licensee whose name and
30 license number appear on a certificate of registration for a
31 detective, private security contractor, private alarm
32 contractor, or locksmith agency is a full-time executive
33 employee or owner who assumes full responsibility for all
34 employees of the agency and for their directed actions, and
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1 assumes full responsibility for maintaining all records
2 required by this Act or rule of the Department and is
3 responsible for otherwise assuring compliance with this Act.
4 The full-time "in charge" executive employee shall work at
5 least 30 hours per week for the agency in the period of
6 agency licensure unless the "in charge" employee is the
7 controlling interest owner. Records shall be maintained at
8 a location in Illinois and the address of the location filed
9 with the Department and accessible to Department
10 representatives in accordance with Section 115 of this Act.
11 This does not relieve any person, firm, association, or
12 corporation licensed as an agency under this Act from also
13 assuming full responsibility for compliance with this Act.
14 It is the responsibility of the licensee in charge to notify
15 the Department, in writing within 10 days, when the licensee
16 terminates his or her in charge relationship with an agency.
17 "Permanent employee registration card" means a card
18 issued by the Department to an individual who has applied to
19 the Department and has been found to be employable by an
20 agency certified under this Act.
21 "Firearm authorization card" means a card issued by the
22 Department that authorizes the holder to carry a weapon
23 during the performance of his or her duties as specified
24 under Section 180 of this Act.
25 "Burglar Alarm system" means any system, including an
26 electronic access system, surveillance television system, or
27 other electronic security system, that activates an audible,
28 visible, or remote signal that requires a response and is
29 designed for the prevention or detection of intrusion, entry,
30 theft, vandalism, or trespass.
31 "Fire alarm system" means any system that is activated by
32 any automatic or manual device in the detection of smoke,
33 heat, or fire that activates an audible, visible, or remote
34 signal that requires response.
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1 "Branch office" means any business location removed from
2 the place of business for which an agency license has been
3 issued.
4 "Armed proprietary security force" means any security
5 force made up of 5 or more armed individuals employed in a
6 commercial or industrial operation; one or more armed
7 individuals employed in a financial operation as security
8 guards for the protection of persons; or one or more armed
9 individuals employed for the protection of private property
10 related to a commercial, industrial, or financial operation.
11 "Association" means 2 or more persons joined together for
12 a business purpose.
13 "Firm" means any unincorporated business entity or
14 enterprise, including but not limited to proprietorships and
15 partnerships.
16 "Corporation" means any artificial person or legal entity
17 created by or under the authority of the laws of a state.
18 (Source: P.A. 91-815, eff. 6-13-00.)