State of Illinois
92nd General Assembly
Legislation

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[ Senate Amendment 002 ]


92_HB4879sam001

 










                                             LRB9212094ACcdam

 1                    AMENDMENT TO HOUSE BILL 4879

 2        AMENDMENT NO.     .  Amend House Bill 4879  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section   5.   The  Private  Detective,  Private  Alarm,
 5    Private  Security,  and  Locksmith  Act of 1993 is amended by
 6    changing Section 75 as follows:

 7        (225 ILCS 446/75)
 8        (Section scheduled to be repealed on December 31, 2003)
 9        Sec.  75.  Qualifications  for   licensure   and   agency
10    certification.
11        (a)  Private Detective.  A person is qualified to receive
12    a  license  as  a private detective if he or she meets all of
13    the following requirements:
14             (1)  Is at least 21 years of age.
15             (2)  Has not been convicted in any  jurisdiction  of
16        any  felony  or  at  least 10 years have expired from the
17        time of discharge from any sentence imposed for a felony.
18             (3)  Is of good moral character.  Good character  is
19        a  continuing  requirement  of  licensure.  Conviction of
20        crimes not listed in paragraph (2) of subsection  (a)  of
21        this  Section may be used in determining moral character,
22        but does not operate as an absolute bar to licensure.
 
                            -2-              LRB9212094ACcdam
 1             (4)  Has not been declared by any court of competent
 2        jurisdiction to be incompetent by  reason  of  mental  or
 3        physical  defect  or  disease  unless  a  court has since
 4        declared him or her to be competent.
 5             (5)  Is not suffering from habitual  drunkenness  or
 6        from narcotic addiction or dependence.
 7             (6)  Has  a minimum of 3 years experience out of the
 8        5 years immediately  preceding  his  or  her  application
 9        working full-time for a licensed private detective agency
10        as  a  registered  private  detective  employee or with 3
11        years experience out of the 5 years immediately preceding
12        his  or  her  application   employed   as   a   full-time
13        investigator   for  a  licensed  attorney  or  in  a  law
14        enforcement  agency  of  a  federal  or  State  political
15        subdivision, which shall  include  a  State's  Attorney's
16        office  or  a  Public  Defender's  office, such full-time
17        investigator experience to be approved by the  Board  and
18        the   Department.    An  applicant  who  has  obtained  a
19        baccalaureate degree in police science or a related field
20        or a  business  degree  from  an  accredited  college  or
21        university  shall  be  given  credit for 2 of the 3 years
22        experience required under this Section.  An applicant who
23        has obtained an associate degree in police science  or  a
24        related  field  or in business from an accredited college
25        or university shall be given credit  for  one  of  the  3
26        years experience required under this Section.
27             (7)  Has  not  been dishonorably discharged from the
28        armed services of the United States.
29             (8)  Has   successfully   passed   an    examination
30        authorized  by  the  Department.    The examination shall
31        include subjects reasonably  related  to  the  activities
32        licensed  so  as  to  provide  for  the protection of the
33        health and safety of the public.
34             (9)  Has not violated Section 15, 20, or 25 of  this
 
                            -3-              LRB9212094ACcdam
 1        Act, but this requirement does not operate as an absolute
 2        bar to licensure.
 3          It  is  the  responsibility  of the applicant to obtain
 4    liability  insurance  in  an   amount   and   coverage   type
 5    appropriate   as  determined  by  rule  for  the  applicant's
 6    individual  business  circumstances.   The  applicant   shall
 7    provide  evidence of insurance to the Department before being
 8    issued a license.  This insurance requirement is a continuing
 9    requirement for licensure.   Failure  to  maintain  insurance
10    shall   result   in   cancellation  of  the  license  by  the
11    Department.
12        (b)  Private security contractor.  A person is  qualified
13    to  receive  a license as a private security contractor if he
14    or she meets all of the following requirements:
15             (1)  Is at least 21 years of age.
16             (2)  Has not been convicted in any  jurisdiction  of
17        any  felony  or  at  least 10 years have expired from the
18        time of discharge from any sentence imposed for a felony.
19             (3)  Is  of  good  moral  character.    Good   moral
20        character  is  a  continuing  requirement  of  licensure.
21        Convictions  of  crimes  not  listed  in paragraph (2) of
22        subsection (b) of this Section may be used in determining
23        moral character, but do not operate as an absolute bar to
24        licensure.
25             (4)  Has not been declared by any court of competent
26        jurisdiction to be incompetent by  reason  of  mental  or
27        physical  defect  or  disease  unless  a  court has since
28        declared him or her to be competent.
29             (5)  Is not suffering from habitual  drunkenness  or
30        from narcotic addiction or dependence.
31             (6)  Has  a minimum of 3 years experience out of the
32        5 years immediately preceding his or her application as a
33        full-time manager or administrator for a licensed private
34        security contractor agency or a manager or  administrator
 
                            -4-              LRB9212094ACcdam
 1        of  a  proprietary  security  force of 30 or more persons
 2        registered  with  the  Department,  or   with   3   years
 3        experience  out  of the 5 years immediately preceding his
 4        or her application as a full-time  supervisor  in  a  law
 5        enforcement  agency  of  a  federal  or  State  political
 6        subdivision,  which  shall  include  a State's Attorney's
 7        office  or  Public  Defender's  office,  such   full-time
 8        supervisory  experience  to  be approved by the Board and
 9        the  Department.    An  applicant  who  has  obtained   a
10        baccalaureate degree in police science or a related field
11        or  a  business  degree  from  an  accredited  college or
12        university shall be given credit for 2  of  the  3  years
13        experience required under this Section.  An applicant who
14        has  obtained  an associate degree in police science or a
15        related field or in business from an  accredited  college
16        or  university  shall  be  given  credit for one of the 3
17        years experience required under this Section.
18             (7)  Has not been dishonorably discharged  from  the
19        armed services of the United States.
20             (8)  Has    successfully   passed   an   examination
21        authorized by the  Department.    The  examination  shall
22        include  subjects  reasonably  related  to the activities
23        licensed so as to  provide  for  the  protection  of  the
24        health and safety of the public.
25             (9)  Has  not violated Section 15, 20, or 25 of this
26        Act, but this requirement does not operate as an absolute
27        bar to licensure.
28          It is the responsibility of  the  applicant  to  obtain
29    liability  insurance  in amount and coverage type appropriate
30    as determined by rule for the applicant's individual business
31    circumstances.   The  applicant  shall  provide  evidence  of
32    insurance to the Department before being  issued  a  license.
33    This  insurance  requirement  is a continuing requirement for
34    licensure.  Failure to maintain  insurance  shall  result  in
 
                            -5-              LRB9212094ACcdam
 1    cancellation of the license by the Department.
 2        (c)  Private  alarm contractor.  A person is qualified to
 3    receive a license as a private alarm contractor if he or  she
 4    meets all of the following requirements:
 5             (1)  Is at least 21 years of age.
 6             (2)  Has  not  been convicted in any jurisdiction of
 7        any felony or at least 10 years  have  expired  from  the
 8        time of discharge from any sentence imposed for a felony.
 9             (3)  Is   of   good  moral  character.   Good  moral
10        character  is  a  continuing  requirement  of  licensure.
11        Convictions of crimes not  listed  in  paragraph  (2)  of
12        subsection (c) of this Section may be used in determining
13        moral character, but do not operate as an absolute bar to
14        licensure.
15             (4)  Has not been declared by any court of competent
16        jurisdiction  to  be  incompetent  by reason of mental or
17        physical defect or  disease  unless  a  court  has  since
18        declared him or her to be competent.
19             (5)  Is  not  suffering from habitual drunkenness or
20        from narcotic addiction or dependence.
21             (6)  Has not been dishonorably discharged  from  the
22        armed services of the United States.
23             (7)  Has  a minimum of 3 years experience out of the
24        5 years immediately preceding application as a full  time
25        manager  or  administrator  for  an  agency licensed as a
26        private alarm contractor agency, or for  an  entity  that
27        designs,  sells,  installs,  services,  or monitors alarm
28        systems which in the  judgment  of  the  Board  satisfies
29        standards  of  alarm  industry competence.  An individual
30        who  has  received  a  4  year   degree   in   electrical
31        engineering or a related field from a program approved by
32        the Board shall be given credit for 2 years of experience
33        under  this item (7).  An individual who has successfully
34        completed a national certification  program  approved  by
 
                            -6-              LRB9212094ACcdam
 1        the   Board  shall  be  given  credit  for  one  year  of
 2        experience under this item (7).
 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        Alternatively, a person is qualified to receive a license
21    as  a  private   alarm   contractor   without   meeting   the
22    requirements  of  items (7), (8), and (9) of this subsection,
23    if he or she:
24             (i)  applies for a license between September 2, 2002
25        July 1, 2000 and September 5, 2002 August  31,  2000,  in
26        writing, on forms supplied by the Department;
27             (ii)  provides  proof  to  the Department that he or
28        she was engaged in the alarm contracting business  on  or
29        before July 1, 1975 January 1, 1984;
30             (iii)  submits  the photographs, fingerprints, proof
31        of insurance, and current license  fee  required  by  the
32        Department; and
33             (iv)  has not violated Section 25 of this Act; and.
34             (v)  has held a Permanent Employee Registration Card
 
                            -7-              LRB9212094ACcdam
 1        for a minimum of 12 months.
 2        (d)  Locksmith.   A  person  is  qualified  to  receive a
 3    license as a  locksmith  if  he  or  she  meets  all  of  the
 4    following requirements:
 5             (1)  Is at least 18 years of age.
 6             (2)  Has  not violated any provisions of Section 120
 7        of this Act.
 8             (3)  Has not been convicted in any  jurisdiction  of
 9        any  felony  or  at  least 10 years have expired from the
10        time of discharge from any sentence imposed for a felony.
11             (4)  Is  of  good  moral  character.    Good   moral
12        character  is  a  continuing  requirement  of  licensure.
13        Convictions  of  crimes  not  listed  in paragraph (3) of
14        subsection (d) of this Section may be used in determining
15        moral character, but do not operate as an absolute bar to
16        licensure.
17             (5)  Has not been declared by any court of competent
18        jurisdiction to be incompetent by  reason  of  mental  or
19        physical  defect  or  disease  unless  a  court has since
20        declared him or her to be competent.
21             (6)  Is not suffering from habitual  drunkenness  or
22        from narcotic addiction or dependence.
23             (7)  Has  not  been dishonorably discharged from the
24        armed services of the United States.
25             (8)  Has passed an  examination  authorized  by  the
26        Department in the theory and practice of the profession.
27             (9)  Has   submitted  to  the  Department  proof  of
28        insurance  sufficient  for  the   individual's   business
29        circumstances.   The  Department,  with  input  from  the
30        Board,   shall   promulgate   rules   specifying  minimum
31        insurance requirements.  This insurance requirement is  a
32        continuing   requirement   for   licensure.   Failure  to
33        maintain insurance shall result in  the  cancellation  of
34        the license by the Department.  A locksmith employed by a
 
                            -8-              LRB9212094ACcdam
 1        licensed  locksmith  agency  or  employed  by  a  private
 2        concern  may  provide  proof that his or her actions as a
 3        locksmith are covered by the  insurance  of  his  or  her
 4        employer.
 5        (e)  Private  detective  agency.   Upon  payment  of  the
 6    required  fee  and  proof  that the applicant has a full-time
 7    Illinois licensed private detective in  charge,  which  is  a
 8    continuing   requirement   for   agency   certification,  the
 9    Department shall issue, without examination, a certificate as
10    a private detective agency to any of the following:
11             (1)  An individual who  submits  an  application  in
12        writing  and  who  is  a licensed private detective under
13        this Act.
14             (2)  A  firm  or   association   that   submits   an
15        application in writing and all of the members of the firm
16        or association are licensed private detectives under this
17        Act.
18             (3)  A  duly  incorporated or registered corporation
19        allowed to do business in Illinois that is authorized  by
20        its  articles  of incorporation to engage in the business
21        of conducting a detective agency, provided at  least  one
22        officer  or  executive  employee is licensed as a private
23        detective under this Act and all unlicensed officers  and
24        directors  of  the  corporation  are  determined  by  the
25        Department to be persons of good moral character.
26          No  private  detective  may be the private detective in
27    charge for more than one agency.  Upon written request  by  a
28    representative  of an agency within 10 days after the loss of
29    a licensee in charge of an agency because  of  the  death  of
30    that individual or because of an unanticipated termination of
31    the employment of that individual, the Department shall issue
32    a  temporary  permit  allowing  the continuing operation of a
33    previously licensed agency.  No  temporary  permit  shall  be
34    valid  for  more than 90 days.  An extension of an additional
 
                            -9-              LRB9212094ACcdam
 1    90 days may be granted by the Department for good cause shown
 2    upon written request by the representative of the agency.  No
 3    more than 2 extensions may be granted  to  any  agency.    No
 4    temporary  permit  shall  be  issued  for  the  loss  of  the
 5    detective  in  charge  because  of disciplinary action by the
 6    Department.
 7        (f)  Private alarm contractor agency.   Upon  receipt  of
 8    the required fee and proof that the applicant has a full-time
 9    Illinois  licensed  private alarm contractor in charge, which
10    is a continuing requirement  for  agency  certification,  the
11    Department shall issue, without examination, a certificate as
12    a private alarm contractor agency to any of the following:
13             (1)  An  individual  who  submits  an application in
14        writing and who is a licensed  private  alarm  contractor
15        under this Act.
16             (2)  A   firm   or   association   that  submits  an
17        application in writing that all of  the  members  of  the
18        firm   or   association   are   licensed   private  alarm
19        contractors under this Act.
20             (3)  A duly incorporated or  registered  corporation
21        allowed  to do business in Illinois that is authorized by
22        its articles of incorporation to engage in  the  business
23        of conducting a private alarm contractor agency, provided
24        at least one officer or executive employee is licensed as
25        a  private  alarm  contractor  under  this  Act  and  all
26        unlicensed  officers and directors of the corporation are
27        determined by the Department to be persons of good  moral
28        character.
29          No  private  alarm  contractor may be the private alarm
30    contractor in charge for more than one agency.  Upon  written
31    request by a representative of an agency within 10 days after
32    the  loss of a licensed private alarm contractor in charge of
33    an agency because of the death of that individual or  because
34    of  the  unanticipated  termination of the employment of that
 
                            -10-             LRB9212094ACcdam
 1    individual, the Department shall  issue  a  temporary  permit
 2    allowing  the  continuing  operation of a previously licensed
 3    agency.  No temporary permit shall be valid for more than  90
 4    days.   An  extension of an additional 90 days may be granted
 5    by the Department for  good  cause  shown  and  upon  written
 6    request  by the representative of the agency.  No more than 2
 7    extensions may be granted to any agency.  No temporary permit
 8    shall be issued for  the  loss  of  the  licensee  in  charge
 9    because of disciplinary action by the Department.
10        (g)  Private security contractor agency.  Upon receipt of
11    the required fee and proof that the applicant has a full-time
12    Illinois  licensed  private  security  contractor  in charge,
13    which is continuing requirement for agency certification, the
14    Department shall issue, without examination, a certificate as
15    a private security contractor agency to any of the following:
16             (1)  An individual who  submits  an  application  in
17        writing and who is a licensed private security contractor
18        under this Act.
19             (2)  A   firm   or   association   that  submits  an
20        application in  writing  that  all  of  the  members  are
21        licensed private security contractors under this Act.
22             (3)  A  duly  incorporated or registered corporation
23        allowed to do business in Illinois that is authorized  by
24        its  articles  of incorporation to engage in the business
25        of  conducting  a  private  security  contractor  agency,
26        provided at least one officer or  executive  employee  is
27        licensed  as a private security contractor under this Act
28        and  all  unlicensed  officers  and  directors   of   the
29        corporation  are  determined  by  the  Department  to  be
30        persons of good moral character.
31          No  private  security  contractor  may  be  the private
32    security contractor in charge for more than one agency.  Upon
33    written request by a representative of the agency  within  10
34    days  after  the  loss  of  a licensee in charge of an agency
 
                            -11-             LRB9212094ACcdam
 1    because of the death of that individual  or  because  of  the
 2    unanticipated   termination   of   the   employment  of  that
 3    individual, the Department shall  issue  a  temporary  permit
 4    allowing  the  continuing  operation of a previously licensed
 5    agency.  No temporary permit shall be valid for more than  90
 6    days.   An  extension of an additional 90 days may be granted
 7    upon written request by the representative of the agency.  No
 8    more than 2 extensions may be  granted  to  any  agency.   No
 9    temporary permit shall be issued for the loss of the licensee
10    in charge because of disciplinary action by the Department.
11        (h)  Licensed  locksmith  agency.   Upon  receipt  of the
12    required fee and proof that  the  applicant  is  an  Illinois
13    licensed  locksmith  who shall assume full responsibility for
14    the operation of the agency and the directed actions  of  the
15    agency's  employees,  which  is  a continuing requirement for
16    agency  licensure,  the  Department  shall   issue,   without
17    examination,  a  certificate  as a Locksmith Agency to any of
18    the following:
19             (1)  An individual who  submits  an  application  in
20        writing and who is a licensed locksmith under this Act.
21             (2)  A   firm   or   association   that  submits  an
22        application in writing and  certifies  that  all  of  the
23        members   of   the   firm  or  association  are  licensed
24        locksmiths under this Act.
25             (3)  A duly incorporated or  registered  corporation
26        or  limited  liability  company allowed to do business in
27        Illinois  that  is  authorized   by   its   articles   of
28        incorporation  or  organization to engage in the business
29        of conducting a locksmith agency, provided that at  least
30        one officer or executive employee of a corporation or one
31        member  of  a  limited liability company is licensed as a
32        locksmith under this Act, and provided that person agrees
33        in writing on a form  acceptable  to  the  Department  to
34        assume  full  responsibility  for  the  operation  of the
 
                            -12-             LRB9212094ACcdam
 1        agency  and  the  directed  actions   of   the   agency's
 2        employees,  and  further  provided  that  all  unlicensed
 3        officers  and  directors of the corporation or members of
 4        the limited  liability  company  are  determined  by  the
 5        Department to be persons of good moral character.
 6          An  individual  licensed  locksmith  operating  under a
 7    business name other than the licensed  locksmith's  own  name
 8    shall not be required to obtain a locksmith agency license if
 9    that licensed locksmith does not employ any persons to engage
10    in the practice of locksmithing.
11        An  applicant  for  licensure as a locksmith agency shall
12    submit to the Department proof of  insurance  sufficient  for
13    the  agency's  business  circumstances.  The Department shall
14    promulgate rules specifying minimum  insurance  requirements.
15    This  insurance  requirement  is a continuing requirement for
16    licensure.
17        No licensed  locksmith  may  be  the  licensed  locksmith
18    responsible  for the operation of more than one agency except
19    for any individual who submits proof to the Department  that,
20    on  the  effective date of this amendatory Act of 1995, he or
21    she is actively responsible for the operations of  more  than
22    one  agency.   A  licensed  private  alarm  contractor who is
23    responsible for the operation of  a  licensed  private  alarm
24    contractor agency and who is a licensed locksmith may also be
25    the  licensed  locksmith  responsible  for the operation of a
26    locksmith agency.
27        Upon written request by a  representative  of  an  agency
28    within  10  days  after  the  loss  of a responsible licensed
29    locksmith  of  an  agency,  because  of  the  death  of  that
30    individual or because of the unanticipated termination of the
31    employment of that individual, the Department shall  issue  a
32    temporary  permit  allowing  the  continuing  operation  of a
33    previously licensed locksmith agency.   No  temporary  permit
34    shall  be  valid  for more than 90 days.  An extension for an
 
                            -13-             LRB9212094ACcdam
 1    additional 90 days may be granted by the Department for  good
 2    cause  shown  and upon written request by a representative of
 3    the agency.  No more than 2 extensions may be granted to  any
 4    agency.   No  temporary  permit shall be issued to any agency
 5    due to the loss  of  the  responsible  locksmith  because  of
 6    disciplinary action by the Department.
 7        (i)  Proprietary   Security  Force.   All  commercial  or
 8    industrial operations that employ 5 or more persons as  armed
 9    security  guards  and  all financial institutions that employ
10    armed security guards shall register  their  security  forces
11    with the Department on forms provided by the Department.
12        All  armed  security  guard  employees  of the registered
13    proprietary security force shall be required  to  complete  a
14    20-hour  basic  training  course and 20-hour firearm training
15    course in accordance with administrative rules.
16        Each proprietary security  force  shall  be  required  to
17    apply to the Department, on forms supplied by the Department,
18    for   the  issuance  of  a  firearm  authorization  card,  in
19    accordance with administrative rules, for each armed employee
20    of the security force.
21        The   Department   shall   prescribe   rules   for    the
22    administration of this Section.
23        (j)  Any licensed agency that operates a branch office as
24    defined in this Act shall apply for a branch office license.
25    (Source:  P.A.  90-436,  eff.  1-1-98;  90-580, eff. 5-21-98;
26    90-602, eff. 6-26-98;  91-357,  eff.  7-29-99;  91-815,  eff.
27    6-13-00.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.".

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