Public Act 095-0613
 
SB1424 Enrolled LRB095 08130 RAS 28295 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.24 as follows:
 
    (5 ILCS 80/4.24)
    Sec. 4.24. Acts repealed on January 1, 2014. The following
Acts are repealed on January 1, 2014:
    The Electrologist Licensing Act.
    The Illinois Certified Shorthand Reporters Act of 1984.
    The Illinois Occupational Therapy Practice Act.
    The Illinois Public Accounting Act.
    The Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
    The Registered Surgical Assistant and Registered Surgical
Technologist Title Protection Act.
    The Veterinary Medicine and Surgery Practice Act of 2004.
(Source: P.A. 92-457, eff. 8-21-01; 92-750, eff. 1-1-03;
93-280, eff. 7-1-04; 93-281, eff. 12-31-03; 93-438, eff.
8-5-03; 93-460, eff. 8-8-03; 93-461, eff. 8-8-03; revised
10-29-04.)
 
    Section 10. The Criminal Identification Act is amended by
changing Section 3.1 as follows:
 
    (20 ILCS 2630/3.1)  (from Ch. 38, par. 206-3.1)
    Sec. 3.1. (a) The Department may furnish, pursuant to
positive identification, records of convictions to the
Department of Professional Regulation for the purpose of
meeting registration or licensure requirements under The
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
    (b) The Department may furnish, pursuant to positive
identification, records of convictions to policing bodies of
this State for the purpose of assisting local liquor control
commissioners in carrying out their duty to refuse to issue
licenses to persons specified in paragraphs (4), (5) and (6) of
Section 6-2 of The Liquor Control Act of 1934.
    (c) The Department shall charge an application fee, based
on actual costs, for the dissemination of records pursuant to
this Section. Fees received for the dissemination of records
pursuant to this Section shall be deposited in the State Police
Services Fund. The Department is empowered to establish this
fee and to prescribe the form and manner for requesting and
furnishing conviction information pursuant to this Section.
    (d) Any dissemination of any information obtained pursuant
to this Section to any person not specifically authorized
hereby to receive or use it for the purpose for which it was
disseminated shall constitute a violation of Section 7.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    Section 15. The Service Contract Act is amended by changing
Section 10 as follows:
 
    (215 ILCS 152/10)
    Sec. 10. Exemptions. Service contract providers and
related service contract sellers and administrators complying
with this Act are not required to comply with and are not
subject to any provision of the Illinois Insurance Code. A
service contract provider who is the manufacturer or a
wholly-owned subsidiary of the manufacturer of the product or
the builder, seller, or lessor of the product that is the
subject of the service contract is required to comply only with
Sections 30, 35, 45, and 50 of this Act; except that, a service
contract provider who sells a motor vehicle, excluding a
motorcycle as defined in Section 1-147 of the Illinois Vehicle
Code, or who leases, but is not the manufacturer of, the motor
vehicle, excluding a motorcycle as defined in Section 1-147 of
the Illinois Vehicle Code, that is the subject of the service
contract must comply with this Act in its entirety. Contracts
for the repair and monitoring of private alarm or private
security systems regulated under the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004 are not required to comply with this Act
and are not subject to any provision of the Illinois Insurance
Code.
(Source: P.A. 92-16, eff. 6-28-01; 93-438, eff. 8-5-03.)
 
    Section 20. The Massage Licensing Act is amended by
changing Section 20 as follows:
 
    (225 ILCS 57/20)
    (Section scheduled to be repealed on January 1, 2012)
    Sec. 20. Grandfathering provision.
    (a) For a period of one year after the effective date of
the rules adopted under this Act, the Department may issue a
license to an individual who, in addition to meeting the
requirements set forth in paragraphs (1) and (2) of subsection
(a) and subsection (b) of Section 15, produces proof that he or
she has met at least one of the following requirements before
the effective date of this Act:
        (1) has been an active member, for a period of at least
    one year prior to the application for licensure, of a
    national professional massage therapy organization
    established prior to the year 2000, which offers
    professional liability insurance and a code of ethics;
        (2) has passed the National Certification Exam of
    Therapeutic Massage and Bodywork and has kept his or her
    certification current;
        (3) has practiced massage therapy an average of at
    least 10 hours per week for at least 10 years; or
        (4) has practiced massage therapy an average of at
    least 10 hours per week for at least one year prior to the
    effective date of this Act and has completed at least 100
    hours of formal training in massage therapy.
    (a-5) The Department may issue a license to an individual
who failed to apply for licensure under subsection (a) of this
Section before October 31, 2005 (one year after the effective
date of the rules adopted under this Act), but who otherwise
meets the qualifications set forth in subsection (a) of this
Section, provided that the individual submits a completed
application for licensure as required under subsection (a) of
this Section within 10 days after the effective date of this
amendatory Act of the 95th General Assembly.
    (b) An applicant who can show proof of having engaged in
the practice of massage therapy for at least 10 hours per week
for a minimum of one year prior to the effective date of this
Act and has less than 100 hours of formal training or has been
practicing for less than one year with 100 hours of formal
training must complete at least 100 additional hours of formal
training consisting of at least 25 hours in anatomy and
physiology by January 1, 2005.
    (c) An applicant who has training from another state or
country may qualify for a license under subsection (a) by
showing proof of meeting the requirements of that state or
country and demonstrating that those requirements are
substantially the same as the requirements in this Section.
    (d) For purposes of this Section, "formal training" means a
massage therapy curriculum approved by the Illinois State Board
of Education or the Illinois Board of Higher Education or
course work provided by continuing education sponsors approved
by the Department.
(Source: P.A. 92-860, eff. 6-1-03; 93-524, eff. 8-12-03;
93-908, eff. 8-11-04.)
 
    Section 25. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 2004 is amended by changing
Sections 5-5, 5-10, 10-5, 10-10, 10-25, 10-30, 15-10, 15-15,
15-25, 20-10, 20-20, 25-10, 25-15, 25-20, 25-30, 30-15, 35-10,
35-25, 35-30, 35-35, 35-40, 35-45, 40-5, 40-10, 45-50, 45-55,
50-10, and 50-25 and by adding Sections 5-3, 10-27, 35-41,
35-42, and 35-43 and Article 31 as follows:
 
    (225 ILCS 447/5-3 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 5-3. References to Department or Director of
Professional Regulation. References in this Act (i) to the
Department of Professional Regulation are deemed, in
appropriate contexts, to be references to the Department of
Financial and Professional Regulation and (ii) to the Director
of Professional Regulation are deemed, in appropriate
contexts, to be references to the Secretary of Financial and
Professional Regulation.
 
    (225 ILCS 447/5-5)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 5-5. Short title; Act supersedes the Private
Detective, Private Alarm, Private Security, and Locksmith Act
of 1993. This Act may be cited as the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004 and it supersedes the Private Detective,
Private Alarm, Private Security, and Locksmith Act of 1993
repealed by this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/5-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 5-10. Definitions. As used in this Act:
    "Advertisement" means any printed material that is
published in a phone book, newspaper, magazine, pamphlet,
newsletter, or other similar type of publication that is
intended to either attract business or merely provide contact
information to the public for an agency or licensee.
Advertisement shall include any material disseminated by
printed or electronic means or media, but shall not include a
licensee's or an agency's letterhead, business cards, or other
stationery used in routine business correspondence or
customary name, address, and number type listings in a
telephone directory.
    "Alarm system" means any system, including an electronic
access control system, a surveillance video system, a security
video system, a burglar alarm system, a fire alarm system, or
any other electronic system, that activates an audible,
visible, remote, or recorded signal that is designed for the
protection or detection of intrusion, entry, theft, fire,
vandalism, escape, or trespass.
    "Armed employee" means a licensee or registered person who
is employed by an agency licensed or an armed proprietary
security force registered under this Act who carries a weapon
while engaged in the performance of official duties within the
course and scope of his or her employment during the hours and
times the employee is scheduled to work or is commuting between
his or her home or place of employment, provided that commuting
is accomplished within one hour from departure from home or
place of employment.
    "Armed proprietary security force" means a security force
made up of 5 or more armed individuals employed by a private,
commercial, or industrial operation or one or more armed
individuals employed by a financial institution as security
officers for the protection of persons or property.
    "Board" means the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Board.
    "Branch office" means a business location removed from the
place of business for which an agency license has been issued,
including, but not limited to, locations where active employee
records that are required to be maintained under this Act are
kept, where prospective new employees are processed, or where
members of the public are invited in to transact business. A
branch office does not include an office or other facility
located on the property of an existing client that is utilized
solely for the benefit of that client and is not owned or
leased by the agency.
    "Canine handler" means a person who uses or handles a
trained dog to protect persons or property or to conduct
investigations.
    "Canine handler authorization card" means a card issued by
the Department that authorizes the holder to use or handle a
trained dog to protect persons or property or to conduct
investigations during the performance of his or her duties as
specified in this Act.
    "Canine trainer" means a person who acts as a dog trainer
for the purpose of training dogs to protect persons or property
or to conduct investigations.
    "Canine trainer authorization card" means a card issued by
the Department that authorizes the holder to train a dog to
protect persons or property or to conduct investigations during
the performance of his or her duties as specified in this Act.
    "Canine training facility" means a facility operated by a
licensed private detective agency or private security agency
wherein dogs are trained for the purposes of protecting persons
or property or to conduct investigations.
    "Corporation" means an artificial person or legal entity
created by or under the authority of the laws of a state,
including without limitation a corporation, limited liability
company, or any other legal entity.
    "Department" means the Department of Financial and
Professional Regulation.
    "Director" means the Director of Professional Regulation.
    "Employee" means a person who works for a person or agency
that has the right to control the details of the work performed
and is not dependent upon whether or not federal or state
payroll taxes are withheld.
    "Fingerprint vendor" means a person that offers,
advertises, or provides services to fingerprint individuals,
through electronic or other means, for the purpose of providing
fingerprint images and associated demographic data to the
Department of State Police for processing fingerprint based
criminal history record information inquiries.
    "Fingerprint vendor agency" means a person, firm,
corporation, or other legal entity that engages in the
fingerprint vendor business and employs, in addition to the
fingerprint vendor licensee-in-charge, at least one other
person in conducting that business.
    "Fingerprint vendor licensee-in-charge" means a person who
has been designated by a fingerprint vendor agency to be the
licensee-in-charge of an agency who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
    "Fire alarm system" means any system that is activated by
an automatic or manual device in the detection of smoke, heat,
or fire that activates an audible, visible, or remote signal
requiring a response.
    "Firearm control authorization card" means a card issued by
the Department that authorizes the holder, who has complied
with the training and other requirements of this Act, to carry
a weapon during the performance of his or her duties as
specified in this Act.
    "Firm" means an unincorporated business entity, including
but not limited to proprietorships and partnerships.
    "Locksmith" means a person who engages in a business or
holds himself out to the public as providing a service that
includes, but is not limited to, the servicing, installing,
originating first keys, re-coding, repairing, maintaining,
manipulating, or bypassing of a mechanical or electronic
locking device, access control or video surveillance system at
premises, vehicles, safes, vaults, safe deposit boxes, or
automatic teller machines.
    "Locksmith agency" means a person, firm, corporation, or
other legal entity that engages in the locksmith business and
employs, in addition to the locksmith licensee-in-charge, at
least one other person in conducting such business.
    "Locksmith licensee-in-charge" means a person who has been
designated by agency to be the licensee-in-charge of an agency,
who is a full-time management employee or owner who assumes
sole responsibility for maintaining all records required by
this Act, and who assumes sole responsibility for assuring the
licensed agency's compliance with its responsibilities as
stated in this Act. The Department shall adopt rules mandating
licensee-in-charge participation in agency affairs.
    "Peace officer" or "police officer" means a person who, by
virtue of office or public employment, is vested by law with a
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses. Officers, agents, or employees of the
federal government commissioned by federal statute to make
arrests for violations of federal laws are considered peace
officers.
    "Permanent employee registration card" means a card issued
by the Department to an individual who has applied to the
Department and meets the requirements for employment by a
licensed agency under this Act.
    "Person" means a natural person.
    "Private alarm contractor" means a person who engages in a
business that individually or through others undertakes,
offers to undertake, purports to have the capacity to
undertake, or submits a bid to sell, install, design, monitor,
maintain, alter, repair, replace, or service alarm and other
security-related systems or parts thereof, including fire
alarm systems, at protected premises or premises to be
protected or responds to alarm systems at a protected premises
on an emergency basis and not as a full-time security officer.
"Private alarm contractor" does not include a person, firm, or
corporation that manufactures or sells alarm systems only from
its place of business and does not sell, install, monitor,
maintain, alter, repair, replace, service, or respond to alarm
systems at protected premises or premises to be protected.
    "Private alarm contractor agency" means a person,
corporation, or other entity that engages in the private alarm
contracting business and employs, in addition to the private
alarm contractor-in-charge, at least one other person in
conducting such business.
    "Private alarm contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act, and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
    "Private detective" means any person who by any means,
including, but not limited to, manual, canine odor detection,
or electronic methods, engages in the business of, accepts
employment to furnish, or agrees to make or makes
investigations for a fee or other consideration to obtain
information relating to:
        (1) Crimes or wrongs done or threatened against the
    United States, any state or territory of the United States,
    or any local government of a state or territory.
        (2) The identity, habits, conduct, business
    occupation, honesty, integrity, credibility, knowledge,
    trustworthiness, efficiency, loyalty, activity, movements,
    whereabouts, affiliations, associations, transactions,
    acts, reputation, or character of any person, firm, or
    other entity by any means, manual or electronic.
        (3) The location, disposition, or recovery of lost or
    stolen property.
        (4) The cause, origin, or responsibility for fires,
    accidents, or injuries to individuals or real or personal
    property.
        (5) The truth or falsity of any statement or
    representation.
        (6) Securing evidence to be used before any court,
    board, or investigating body.
        (7) The protection of individuals from bodily harm or
    death (bodyguard functions).
        (8) Service of process in criminal and civil
    proceedings without court order.
    "Private detective agency" means a person, firm,
corporation, or other legal entity that engages in the private
detective business and employs, in addition to the
licensee-in-charge, one or more persons in conducting such
business.
    "Private detective licensee-in-charge" means a person who
has been designated by an agency to be the licensee-in-charge
of an agency, who is a full-time management employee or owner
who assumes sole responsibility for maintaining all records
required by this Act, and who assumes sole responsibility for
assuring the licensed agency's compliance with its
responsibilities as stated in this Act. The Department shall
adopt rules mandating licensee-in-charge participation in
agency affairs.
    "Private security contractor" means a person who engages in
the business of providing a private security officer, watchman,
patrol, guard dog, canine odor detection, or a similar service
by any other title or name on a contractual basis for another
person, firm, corporation, or other entity for a fee or other
consideration and performing one or more of the following
functions:
        (1) The prevention or detection of intrusion, entry,
    theft, vandalism, abuse, fire, or trespass on private or
    governmental property.
        (2) The prevention, observation, or detection of any
    unauthorized activity on private or governmental property.
        (3) The protection of persons authorized to be on the
    premises of the person, firm, or other entity for which the
    security contractor contractually provides security
    services.
        (4) The prevention of the misappropriation or
    concealment of goods, money, bonds, stocks, notes,
    documents, or papers.
        (5) The control, regulation, or direction of the
    movement of the public for the time specifically required
    for the protection of property owned or controlled by the
    client.
        (6) The protection of individuals from bodily harm or
    death (bodyguard functions).
    "Private security contractor agency" means a person, firm,
corporation, or other legal entity that engages in the private
security contractor business and that employs, in addition to
the licensee-in-charge, one or more persons in conducting such
business.
    "Private security contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act, and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
    "Public member" means a person who is not a licensee or
related to a licensee, or who is not an employer or employee of
a licensee. The term "related to" shall be determined by the
rules of the Department.
    "Secretary" means the Secretary of Financial and
Professional Regulation.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/10-5)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 10-5. Requirement of license.
    (a) It is unlawful for a person to act as or provide the
functions of a private detective, private security contractor,
private alarm contractor, fingerprint vendor, or locksmith or
to advertise or to assume to act as any one of these, or to use
these or any other title implying that the person is engaged in
any of these activities unless licensed as such by the
Department. An individual or sole proprietor who does not
employ any employees other than himself or herself may operate
under a "doing business as" or assumed name certification
without having to obtain an agency license, so long as the
assumed name is first registered with the Department.
    (b) It is unlawful for a person, firm, corporation, or
other legal entity to act as an agency licensed under this Act,
to advertise, or to assume to act as a licensed agency or to
use a title implying that the person, firm, or other entity is
engaged in the practice as a private detective agency, private
security contractor agency, private alarm contractor agency,
fingerprint vendor agency, or locksmith agency unless licensed
by the Department.
    (c) No agency shall operate a branch office without first
applying for and receiving a branch office license for each
location.
    (d) Beginning 12 months after the adoption of rules
providing for the licensure of fingerprint vendors under this
Act, it is unlawful for a person to operate live scan
fingerprint equipment or other equipment designed to obtain
fingerprint images for the purpose of providing fingerprint
images and associated demographic data to the Department of
State Police, unless he or she has successfully completed a
fingerprint training course conducted or authorized by the
Department of State Police and is licensed as a fingerprint
vendor.
    (e) Beginning 12 months after the adoption of rules
providing for the licensure of canine handlers and canine
trainers under this Act, no person shall operate a canine
training facility unless licensed as a private detective agency
or private security contractor agency under this Act, and no
person shall act as a canine trainer unless he or she is
licensed as a private detective or private security contractor
or is a registered employee of a private detective agency or
private security contractor agency approved by the Department.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/10-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 10-10. General exemptions. This Act does not apply to
any of the following:
        (1) A person, firm, or corporation engaging in fire
    protection engineering, including the design, testing, and
    inspection of fire protection systems.
        (2) The practice of professional engineering as
    defined in the Professional Engineering Practice Act of
    1989.
        (3) The practice of structural engineering as defined
    in the Structural Engineering Practice Act of 1989.
        (4) The practice of architecture as defined in the
    Illinois Architecture Practice Act of 1989.
        (5) The activities of persons or firms licensed under
    the Illinois Public Accounting Act if performed in the
    course of their professional practice.
        (6) An attorney licensed to practice in Illinois while
    engaging in the practice of law.
        (7) A person engaged exclusively and employed by a
    person, firm, association, or corporation in the business
    of transporting persons or property in interstate commerce
    and making an investigation related to the business of that
    employer.
        (8) A person who provides canine odor detection
    services to a unit of federal, State, or local government
    on an emergency call-out or volunteer and not-for-hire
    basis.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/10-25)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 10-25. Issuance of license; renewal; fees.
    (a) The Department shall, upon the applicant's
satisfactory completion of the requirements set forth in this
Act and upon receipt of the fee, issue the license indicating
the name and business location of the licensee and the date of
expiration.
    (b) An applicant may, upon satisfactory completion of the
requirements set forth in this Act and upon receipt of fees
related to the application and testing for licensure, elect to
defer the issuance of the applicant's initial license for a
period not longer than 6 years. An applicant who fails to
request issuance of his or her initial license or agency
license and to remit the fees required for that license within
6 years shall be required to resubmit an application together
with all required fees.
    (c) The expiration date, renewal period, and conditions for
renewal and restoration of each license, permanent employee
registration card, canine handler authorization card, canine
trainer authorization card, and firearm control authorization
card shall be set by rule. The holder may renew the license,
permanent employee registration card, canine handler
authorization card, canine trainer authorization card, or
firearm control authorization card during the 30 days preceding
its expiration by paying the required fee and by meeting
conditions that the Department may specify. Any license holder
who notifies the Department on forms prescribed by the
Department may place his or her license on inactive status for
a period of not longer than 6 years and shall, subject to the
rules of the Department, be excused from payment of renewal
fees until the license holder notifies the Department, in
writing, of an intention to resume active status. Practice
while on inactive status constitutes unlicensed practice. A
non-renewed license that has lapsed for less than 6 years may
be restored upon payment of the restoration fee and all lapsed
renewal fees. A license that has lapsed for more than 6 years
may be restored by paying the required restoration fee and all
lapsed renewal fees and by providing evidence of competence to
resume practice satisfactory to the Department and the Board,
which may include passing a written examination. All
restoration fees and lapsed renewal fees shall be waived for an
applicant whose license lapsed while on active duty in the
armed forces of the United States if application for
restoration is made within 12 months after discharge from the
service.
    Any person seeking renewal or restoration under this
subsection (c) shall be subject to the continuing education
requirements established pursuant to Section 10-27 of this Act.
    (d) Any permanent employee registration card expired for
less than one year may be restored upon payment of lapsed
renewal fees. Any permanent employee registration card expired
for one year or more may be restored by making application to
the Department and filing proof acceptable to the Department of
the licensee's fitness to have the permanent employee
registration card restored, including verification of
fingerprint processing through the Department of State Police
and Federal Bureau of Investigation and paying the restoration
fee.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/10-27 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 10-27. Continuing education. The Department may adopt
rules of continuing education for persons licensed under this
Act. The Department shall consider the recommendations of the
Board in establishing guidelines for the continuing education
requirements.
 
    (225 ILCS 447/10-30)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 10-30. Unlawful acts. It is unlawful for a licensee or
an employee of a licensed agency:
        (1) Upon termination of employment by the agency, to
    fail to return upon demand or within 72 hours of
    termination of employment any firearm issued by the
    employer together with the employee's firearm control
    authorization card.
        (2) Upon termination of employment by the agency, to
    fail to return within 72 hours of termination of employment
    any uniform, badge, identification card, or equipment
    issued, but not sold, to the employee by the agency.
        (3) To falsify the employee's statement required by
    this Act.
        (4) To have a badge, shoulder patch, or any other
    identification that contains the words "law enforcement".
    In addition, no license holder or employee of a licensed
    agency shall in any manner imply that the person is an
    employee or agent of a governmental agency or display a
    badge or identification card, emblem, or uniform citing the
    words "police", "sheriff", "highway patrol trooper", or
    "law enforcement".
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/15-10)
    (Section scheduled to be repealed January 1, 2014)
    Sec. 15-10. Qualifications for licensure as a private
detective.
    (a) A person is qualified for licensure as a private
detective if he or she meets all of the following requirements:
        (1) Is at least 21 years of age.
        (2) Has not been convicted of any felony in any
    jurisdiction or at least 10 years have elapsed since the
    time of full discharge from a sentence imposed for a felony
    conviction.
        (3) Is of good moral character. Good character is a
    continuing requirement of licensure. Conviction of crimes
    other than felonies may be used in determining moral
    character, but shall not constitute an absolute bar to
    licensure.
        (4) Has not been declared by any court of competent
    jurisdiction to be incompetent by reason of mental or
    physical defect or disease, unless a court has subsequently
    declared him or her to be competent.
        (5) Is not suffering from dependence on alcohol or from
    narcotic addiction or dependence.
        (6) Has a minimum of 3 years experience of the 5 years
    immediately preceding application working full-time for a
    licensed private detective agency as a registered private
    detective agency employee or with 3 years experience of the
    5 years immediately preceding his or her application
    employed as a full-time investigator for a licensed
    attorney or in a law enforcement agency of a federal or
    state political subdivision, which shall include a state's
    attorney's office or a public defender's office. The Board
    and the Department shall approve such full-time
    investigator experience. An applicant who has a
    baccalaureate degree, or higher, in law enforcement or a
    related field or a business degree from an accredited
    college or university shall be given credit for 2 of the 3
    years of the required experience. An applicant who has an
    associate degree in law enforcement or in a related field
    or in business from an accredited college or university
    shall be given credit for one of the 3 years of the
    required experience.
        (7) Has not been dishonorably discharged from the armed
    forces of the United States or has not been discharged from
    a law enforcement agency of the United States or of any
    state or of any political subdivision thereof, which shall
    include a state's attorney's office, for reasons relating
    to his or her conduct as an employee of that law
    enforcement agency.
        (8) Has passed an examination authorized by the
    Department.
        (9) Submits his or her fingerprints, proof of having
    general liability insurance required under subsection (b),
    and the required license fee.
        (10) Has not violated Section 10-5 of this Act.
    (b) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined by
rule. The applicant shall provide evidence of insurance to the
Department before being issued a license. Failure to maintain
general liability insurance and to provide the Department with
written proof of the insurance shall result in cancellation of
the license.
    (c) Any person who has been providing canine odor detection
services for hire prior to January 1, 2005 is exempt from the
requirements of item (6) of subsection (a) of this Section and
may be granted a private detective license if (i) he or she
meets the requirements of items (1) through (5) and items (7)
through (10) of subsection (a) of this Section, (ii) pays all
applicable fees, and (iii) presents satisfactory evidence to
the Department of the provision of canine odor detection
services for hire since January 1, 2005.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/15-15)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 15-15. Qualifications for licensure as a private
detective agency.
    (a) Upon receipt of the required fee and proof that the
applicant has a full-time Illinois licensed private
detective-in-charge, which is a continuing requirement for
agency licensure, the Department shall issue a license as a
private detective agency to any of the following:
        (1) An individual who submits an application and is a
    licensed private detective under this Act.
        (2) A firm that submits an application and all of the
    members of the firm are licensed private detectives under
    this Act.
        (3) A corporation or limited liability company doing
    business in Illinois that is authorized by its articles of
    incorporation or organization to engage in the business of
    conducting a private detective agency, provided at least
    one full-time executive employee is licensed as a private
    detective under this Act and all unlicensed officers and
    directors of the corporation or limited liability company
    are determined by the Department to be persons of good
    moral character.
    (b) No private detective may be the licensee-in-charge for
more than one private detective agency. Upon written request by
a representative of an agency, within 10 days after the loss of
a licensee-in-charge of an agency because of the death of that
individual or because of the termination of the employment of
that individual, the Department shall issue a temporary
certificate of authority allowing the continuing operation of
the licensed agency. No temporary certificate of authority
shall be valid for more than 90 days. An extension of an
additional 90 days may be granted upon written request by the
representative of the agency. Not more than 2 extensions may be
granted to any agency. No temporary permit shall be issued for
a loss of the licensee-in-charge because of disciplinary action
by the Department related to his or her conduct on behalf of
the agency.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/15-25)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 15-25. Training; private detective and employees.
    (a) Registered employees of a private detective agency
shall complete, within 30 days of their employment, a minimum
of 20 hours of training provided by a qualified instructor. The
substance of the training shall be related to the work
performed by the registered employee and shall include relevant
information as to the identification of terrorists, acts of
terrorism, and terrorist organizations, as defined by federal
and State statutes.
    (b) It is the responsibility of the employer to certify, on
a form provided by the Department, that the employee has
successfully completed the training. The form shall be a
permanent record of training completed by the employee and
shall be placed in the employee's file with the employer for
the period the employee remains with the employer. An agency
may place a notarized copy of the Department form in lieu of
the original into the permanent employee registration card
file. The original form shall be given to the employee when his
or her employment is terminated. Failure to return the original
form to the employee is grounds for disciplinary action. The
employee shall not be required to repeat the required training
once the employee has been issued the form. An employer may
provide or require additional training.
    (c) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/20-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 20-10. Qualifications for licensure as a private alarm
contractor.
    (a) A person is qualified for licensure as a private alarm
contractor if he or she meets all of the following
requirements:
        (1) Is at least 21 years of age.
        (2) Has not been convicted of any felony in any
    jurisdiction or at least 10 years have elapsed since the
    time of full discharge from a sentence imposed for a felony
    conviction.
        (3) Is of good moral character. Good moral character is
    a continuing requirement of licensure. Conviction of
    crimes other than felonies may be used in determining moral
    character, but shall not constitute an absolute bar to
    licensure.
        (4) Has not been declared by any court of competent
    jurisdiction to be incompetent by reason of mental or
    physical defect or disease, unless a court has subsequently
    declared him or her to be competent.
        (5) Is not suffering from dependence on alcohol or from
    narcotic addiction or dependence.
        (6) Has (i) a minimum of 3 years experience of the 5
    years immediately preceding application working as a
    full-time manager for a licensed private alarm contractor
    agency or for an entity that designs, sells, installs,
    services, or monitors alarm systems that, in the judgment
    of the Board, satisfies the standards of alarm industry
    competence or (ii) has a minimum of 10 years experience
    working for a licensed private alarm contractor agency or
    for an entity that designs, sells, installs, services, or
    monitors alarm systems that, in the judgment of the Board,
    satisfies the standards of alarm industry competence, has
    successfully completed a National Institute for
    Certification of Engineering Technologies (NICET) level 2
    certification examination, and applies on or before July 1,
    2007. An applicant who has received a 4-year degree or
    higher in electrical engineering or a related field from a
    program approved by the Board shall be given credit for 2
    years of the required experience. An applicant who has
    successfully completed a national certification program
    approved by the Board shall be given credit for one year of
    the required experience.
        (7) Has not been dishonorably discharged from the armed
    forces of the United States.
        (8) Has passed an examination authorized by the
    Department.
        (9) Submits his or her fingerprints, proof of having
    general liability insurance required under subsection (c),
    and the required license fee.
        (10) Has not violated Section 10-5 of this Act.
    (b) (Blank). A person is qualified to receive a license as
a private alarm contractor without meeting the requirement of
item (8) of subsection (a) if he or she:
        (1) applies for a license between September 2, 2003 and
    September 5, 2003 in writing on forms supplied by the
    Department;
        (2) provides proof of ownership of a licensed alarm
    contractor agency; and
        (3) provides proof of at least 7 years of experience in
    the installation, design, sales, repair, maintenance,
    alteration, or service of alarm systems or any other low
    voltage electronic systems.
    (c) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined by
rule. The applicant shall provide evidence of insurance to the
Department before being issued a license. Failure to maintain
general liability insurance and to provide the Department with
written proof of the insurance shall result in cancellation of
the license.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/20-20)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 20-20. Training; private alarm contractor and
employees.
    (a) Registered employees of the private alarm contractor
agency who carry a firearm and respond to alarm systems shall
complete, within 30 days of their employment, a minimum of 20
hours of classroom training provided by a qualified instructor
and shall include all of the following subjects:
        (1) The law regarding arrest and search and seizure as
    it applies to the private alarm industry.
        (2) Civil and criminal liability for acts related to
    the private alarm industry.
        (3) The use of force, including but not limited to the
    use of nonlethal force (i.e., disabling spray, baton,
    stungun, or similar weapon).
        (4) Arrest and control techniques.
        (5) The offenses under the Criminal Code of 1961 that
    are directly related to the protection of persons and
    property.
        (6) The law on private alarm forces and on reporting to
    law enforcement agencies.
        (7) Fire prevention, fire equipment, and fire safety.
        (8) Civil rights and public relations.
        (9) The identification of terrorists, acts of
    terrorism, and terrorist organizations, as defined by
    federal and State statutes.
    (b) All other employees of a private alarm contractor
agency shall complete a minimum of 20 hours of training
provided by a qualified instructor within 30 days of their
employment. The substance of the training shall be related to
the work performed by the registered employee.
    (c) It is the responsibility of the employer to certify, on
forms provided by the Department, that the employee has
successfully completed the training. The form shall be a
permanent record of training completed by the employee and
shall be placed in the employee's file with the employer for
the term the employee is retained by the employer. A private
alarm contractor agency may place a notarized copy of the
Department form in lieu of the original into the permanent
employee registration card file. The form shall be returned to
the employee when his or her employment is terminated. Failure
to return the form to the employee is grounds for discipline.
The employee shall not be required to complete the training
required under this Act once the employee has been issued a
form.
    (d) Nothing in this Act prevents any employer from
providing or requiring additional training beyond the required
20 hours that the employer feels is necessary and appropriate
for competent job performance.
    (e) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/25-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 25-10. Qualifications for licensure as a private
security contractor.
    (a) A person is qualified for licensure as a private
security contractor if he or she meets all of the following
requirements:
        (1) Is at least 21 years of age.
        (2) Has not been convicted of any felony in any
    jurisdiction or at least 10 years have elapsed since the
    time of full discharge from a sentence imposed for a felony
    conviction.
        (3) Is of good moral character. Good character is a
    continuing requirement of licensure. Conviction of crimes
    other than felonies may be used in determining moral
    character, but shall not constitute an absolute bar to
    licensure.
        (4) Has not been declared by any court of competent
    jurisdiction to be incompetent by reason of mental or
    physical defect or disease, unless a court has subsequently
    declared him or her to be competent.
        (5) Is not suffering from dependence on alcohol or from
    narcotic addiction or dependence.
        (6) Has a minimum of 3 years experience of the 5 years
    immediately preceding application working as a full-time
    manager for a licensed private security contractor agency
    or a manager of a proprietary security force of 30 or more
    persons registered with the Department or with 3 years
    experience of the 5 years immediately preceding his or her
    application employed as a full-time supervisor in a law
    enforcement agency of a federal or state political
    subdivision, which shall include a state's attorney's
    office or public defender's office. The Board and the
    Department shall approve such full-time supervisory
    experience. An applicant who has a baccalaureate degree or
    higher in police science or a related field or a business
    degree from an accredited college or university shall be
    given credit for 2 of the 3 years of the required
    experience. An applicant who has an associate degree in
    police science or in a related field or in business from an
    accredited college or university shall be given credit for
    one of the 3 years of the required experience.
        (7) Has not been dishonorably discharged from the armed
    forces of the United States.
        (8) Has passed an examination authorized by the
    Department.
        (9) Submits his or her fingerprints, proof of having
    general liability insurance required under subsection (b),
    and the required license fee.
        (10) Has not violated Section 10-5 of this Act.
    (b) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined by
rule. The applicant shall provide evidence of insurance to the
Department before being issued a license. Failure to maintain
general liability insurance and to provide the Department with
written proof of the insurance shall result in cancellation of
the license.
    (c) Any person who has been providing canine odor detection
services for hire prior to January 1, 2005 is exempt from the
requirements of item (6) of subsection (a) of this Section and
may be granted a private security contractor license if (i) he
or she meets the requirements of items (1) through (5) and
items (7) through (10) of subsections (a) of this Section, (ii)
pays all applicable fees, and (iii) presents satisfactory
evidence to the Department of the provision of canine odor
detection services for hire since January 1, 2005.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/25-15)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 25-15. Qualifications for licensure as a private
security contractor agency.
    (a) Upon receipt of the required fee and proof that the
applicant has a full-time Illinois licensed private security
contractor-in-charge, which is a continuing requirement for
agency licensure, the Department shall issue a license as a
private security contractor agency to any of the following:
        (1) An individual who submits an application and is a
    licensed private security contractor under this Act.
        (2) A firm that submits an application and all of the
    members of the firm are licensed private security
    contractors under this Act.
        (3) A corporation or limited liability company doing
    business in Illinois that is authorized by its articles of
    incorporation or organization to engage in the business of
    conducting a private security contractor agency if at least
    one officer or executive employee is licensed as a private
    security contractor under this Act and all unlicensed
    officers and directors of the corporation or limited
    liability company are determined by the Department to be
    persons of good moral character.
    (b) No private security contractor may be the private
security contractor licensee-in-charge for more than one
private security contractor agency. Upon written request by a
representative of the agency, within 10 days after the loss of
a private security contractor licensee-in-charge of an agency
because of the death of that individual or because of the
termination of the employment of that individual, the
Department shall issue a temporary certificate of authority
allowing the continuing operation of the licensed agency. No
temporary certificate of authority shall be valid for more than
90 days. An extension of an additional 90 days may be granted
upon written request by the representative of the agency. Not
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for loss of the
licensee-in-charge because of disciplinary action by the
Department related to his or her conduct on behalf of the
agency.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/25-20)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 25-20. Training; private security contractor and
employees.
    (a) Registered employees of the private security
contractor agency who provide traditional guarding or other
private security related functions or who respond to alarm
systems shall complete, within 30 days of their employment, a
minimum of 20 hours of classroom basic training provided by a
qualified instructor, which shall include the following
subjects:
        (1) The law regarding arrest and search and seizure as
    it applies to private security.
        (2) Civil and criminal liability for acts related to
    private security.
        (3) The use of force, including but not limited to the
    use of nonlethal force (i.e., disabling spray, baton,
    stungun or similar weapon).
        (4) Arrest and control techniques.
        (5) The offenses under the Criminal Code of 1961 that
    are directly related to the protection of persons and
    property.
        (6) The law on private security forces and on reporting
    to law enforcement agencies.
        (7) Fire prevention, fire equipment, and fire safety.
        (8) The procedures for service of process and for
    report writing.
        (9) Civil rights and public relations.
        (10) The identification of terrorists, acts of
    terrorism, and terrorist organizations, as defined by
    federal and State statutes.
    (b) All other employees of a private security contractor
agency shall complete a minimum of 20 hours of training
provided by the qualified instructor within 30 days of their
employment. The substance of the training shall be related to
the work performed by the registered employee.
    (c) Registered employees of the private security
contractor agency who provide guarding or other private
security related functions, in addition to the classroom
training required under subsection (a), within 6 months of
their employment, shall complete an additional 8 hours of
training on subjects to be determined by the employer, which
training may be site-specific and may be conducted on the job.
    (d) In addition to the basic training provided for in
subsections (a) and (c), registered employees of the private
security contractor agency who provide guarding or other
private security related functions shall complete an
additional 8 hours of refresher training on subjects to be
determined by the employer each calendar year commencing with
the calendar year following the employee's first employment
anniversary date, which refresher training may be
site-specific and may be conducted on the job.
    (e) It is the responsibility of the employer to certify, on
a form provided by the Department, that the employee has
successfully completed the basic and refresher training. The
form shall be a permanent record of training completed by the
employee and shall be placed in the employee's file with the
employer for the period the employee remains with the employer.
An agency may place a notarized copy of the Department form in
lieu of the original into the permanent employee registration
card file. The original form shall be given to the employee
when his or her employment is terminated. Failure to return the
original form to the employee is grounds for disciplinary
action. The employee shall not be required to repeat the
required training once the employee has been issued the form.
An employer may provide or require additional training.
    (f) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/25-30)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 25-30. Uniforms.
    (a) No licensee under this Act or any employee of a
licensed agency shall wear or display a badge, shoulder patch
or other identification that contains the words "law
enforcement". No license holder or employee of a licensed
agency shall imply in any manner that the person is an employee
or agent of a governmental entity, display a badge or
identification card, emblem, or uniform using the words
"police", "sheriff", "highway patrol", "trooper", "law
enforcement" or any similar term.
    (b) All military-style uniforms, if worn, by employees of a
licensed private security contractor agency, must bear the name
of the private security contractor agency, which shall be
plainly visible on a patch, badge, or other insignia.
    (c) All uniforms, if worn by employees of a licensed
private security contractor agency, may only be worn in the
performance of their duties or while commuting directly to or
from the employee's place or places of employment, provided
this is accomplished within one hour from departure from home
or place of employment.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/30-15)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 30-15. Qualifications for licensure as a locksmith
agency.
    (a) Upon receipt of the required fee and proof that the
applicant is an Illinois licensed locksmith who shall assume
responsibility for the operation of the agency and the directed
actions of the agency's employees, which is a continuing
requirement for agency licensure, the Department shall issue a
license as a locksmith agency to any of the following:
        (1) An individual who submits an application and is a
    licensed locksmith under this Act.
        (2) A firm that submits an application and all of the
    members of the firm are licensed locksmiths under this Act.
        (3) A corporation or limited liability company doing
    business in Illinois that is authorized by its articles of
    incorporation or organization to engage in the business of
    conducting a locksmith agency if at least one officer or
    executive employee is a licensed locksmith under this Act
    and all unlicensed officers and directors of the
    corporation or limited liability company are determined by
    the Department to be persons of good moral character.
    (b) An individual licensed as a locksmith operating under a
business name other than the licensed locksmith's own name
shall not be required to obtain a locksmith agency license if
that licensed locksmith does not employ any persons to engage
in the practice of locksmithing and registers under the Assumed
Business Name Act.
    (c) No locksmith may be the locksmith licensee in-charge
for more than one locksmith agency. Upon written request by a
representative of the agency, within 10 days after the loss of
a locksmith-in-charge of an agency because of the death of that
individual or because of the termination of the employment of
that individual, the Department shall issue a temporary
certificate of authority allowing the continuing operation of
the licensed agency. No temporary certificate of authority
shall be valid for more than 90 days. An extension of an
additional 90 days may be granted upon written request by the
representative of the agency. Not more than 2 extensions may be
granted to any agency. No temporary permit shall be issued for
loss of the licensee-in-charge because of disciplinary action
by the Department related to his or her conduct on behalf of
the agency.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/Art. 31 heading new)
ARTICLE 31. FINGERPRINT VENDORS.

 
    (225 ILCS 447/31-5 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 31-5. Exemptions. The provisions of this Act regarding
fingerprint vendors do not apply to any of the following, if
the person performing the service does not hold himself or
herself out as a fingerprint vendor or fingerprint vendor
agency:
        (1) An employee of the United States, Illinois, or a
    political subdivision, including public school districts,
    of either while the employee is engaged in the performance
    of his or her official duties within the scope of his or
    her employment. However, any such person who offers his or
    her services as a fingerprint vendor or uses a similar
    title when these services are performed for compensation or
    other consideration, whether received directly or
    indirectly, is subject to this Act.
        (2) A person employed exclusively by only one employer
    in connection with the exclusive activities of that
    employer, provided that person does not hold himself or
    herself out to the public as a fingerprint vendor.
 
    (225 ILCS 447/31-10 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 31-10. Qualifications for licensure as a fingerprint
vendor.
    (a) A person is qualified for licensure as a fingerprint
vendor if he or she meets all of the following requirements:
        (1) Is at least 18 years of age.
        (2) Has not been convicted of any felony in any
    jurisdiction or at least 10 years have elapsed since the
    time of full discharge from a sentence imposed for a felony
    conviction.
        (3) Is of good moral character. Good moral character is
    a continuing requirement of licensure. Conviction of
    crimes other than felonies may be used in determining moral
    character, but shall not constitute an absolute bar to
    licensure, except where the applicant is a registered sex
    offender.
        (4) Has not been declared by any court of competent
    jurisdiction to be incompetent by reason of mental or
    physical defect or disease, unless a court has subsequently
    declared him or her to be competent.
        (5) Is not suffering from dependence on alcohol or from
    narcotic addiction or dependence.
        (6) Has not been dishonorably discharged from the armed
    forces of the United States.
        (7) Submits certification issued by the Department of
    State Police that the applicant has successfully completed
    a fingerprint vendor training course conducted or
    authorized by the Department of State Police.
        (8) Submits his or her fingerprints, in accordance with
    subsection (b) of this Section.
        (9) Has not violated any provision of this Act or any
    rule adopted under this Act.
        (10) Provides evidence satisfactory to the Department
    that the applicant has obtained general liability
    insurance in an amount and with coverage as determined by
    rule. Failure to maintain general liability insurance and
    failure to provide the Department with written proof of the
    insurance, upon request, shall result in cancellation of
    the license without hearing. A fingerprint vendor employed
    by a licensed fingerprint vendor agency may provide proof
    that his or her actions as a fingerprint vendor are covered
    by the liability insurance of his or her employer.
        (11) Pays the required licensure fee.
        (12) Submits certification issued by the Department of
    State Police that the applicant's fingerprinting equipment
    and software meets all specifications required by the
    Department of State Police. Compliance with Department of
    State Police fingerprinting equipment and software
    specifications is a continuing requirement for licensure.
        (13) Submits proof that the applicant maintains a
    business office located in the State of Illinois.
    (b) Each applicant for a fingerprint vendor license shall
have his or her fingerprints submitted to the Department of
State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Department of State
Police. These fingerprints shall be checked against the
Department of State Police and Federal Bureau of Investigation
criminal history record databases now and hereafter filed. The
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Department of
State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or
directly to the vendor. The Department, in its discretion, may
allow an applicant who does not have reasonable access to a
designated vendor to provide his or her fingerprints in an
alternative manner. The Department, in its discretion, may also
use other procedures in performing or obtaining criminal
background checks of applicants. Instead of submitting his or
her fingerprints, an individual may submit proof that is
satisfactory to the Department that an equivalent security
clearance has been conducted. Also, an individual who has
retired as a peace officer within 12 months of application may
submit verification, on forms provided by the Department and
signed by his or her employer, of his or her previous full-time
employment as a peace officer.
 
    (225 ILCS 447/31-15 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 31-15. Qualifications for licensure as a fingerprint
vendor agency.
    (a) Upon receipt of the required fee and proof that the
applicant is an Illinois licensed fingerprint vendor who shall
assume responsibility for the operation of the agency and the
directed actions of the agency's employees, which is a
continuing requirement for agency licensure, the Department
may issue a license as a fingerprint vendor agency to any of
the following:
        (1) An individual who submits an application and is a
    licensed fingerprint vendor under this Act.
        (2) A firm that submits an application and all of the
    members of the firm are licensed fingerprint vendors under
    this Act.
        (3) A corporation or limited liability company doing
    business in Illinois that is authorized to engage in the
    business of conducting a fingerprint vendor agency if at
    least one officer or executive employee is a licensed
    fingerprint vendor under this Act and all unlicensed
    officers and directors of the corporation or limited
    liability company are determined by the Department to be
    persons of good moral character.
    (b) An individual licensed as a fingerprint vendor
operating under a business name other than the licensed
fingerprint vendor's own name shall not be required to obtain a
fingerprint vendor agency license if that licensed fingerprint
vendor does not employ any persons to provide fingerprinting
services.
    (c) No fingerprint vendor may be the fingerprint vendor
licensee-in-charge for more than one fingerprint vendor
agency. Upon written request by a representative of the agency,
within 10 days after the loss of a fingerprint vendor
licensee-in-charge of an agency because of the death of that
individual or because of the termination of the employment of
that individual, the Department shall issue a temporary
certificate of authority allowing the continuing operation of
the licensed agency. No temporary certificate of authority
shall be valid for more than 90 days. An extension of an
additional 90 days may be granted upon written request by the
representative of the agency. Not more than one extension may
be granted to any agency. No temporary permit shall be issued
for loss of the licensee-in-charge because of disciplinary
action by the Department related to his or her conduct on
behalf of the agency.
 
    (225 ILCS 447/31-20 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 31-20. Training; fingerprint vendor and employees.
    (a) Registered employees of a licensed fingerprint vendor
agency shall complete a minimum of 20 hours of training
provided by a qualified instructor within 30 days of their
employment. The substance of the training shall be prescribed
by rule.
    (b) It is the responsibility of the employer to certify, on
a form provided by the Department, that the employee has
successfully completed the training. The form shall be a
permanent record of training completed by the employee and
shall be placed in the employee's file with the employer for
the period the employee remains with the employer. An agency
may place a notarized copy of the Department form, in lieu of
the original, into the permanent employee registration card
file. The original form shall be given to the employee when his
or her employment is terminated. Failure to return the original
form to the employee is grounds for disciplinary action. The
employee shall not be required to repeat the required training
once the employee has been issued the form. An employer may
provide or require additional training.
    (c) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 2004 or any prior Act
shall be accepted as proof of training under this Act.
    (d) No registered employee of a licensed fingerprint vendor
agency may operate live scan fingerprint equipment or other
equipment designed to obtain fingerprint images for the purpose
of providing fingerprint images and associated demographic
data to the Department of State Police.
 
    (225 ILCS 447/31-25 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 31-25. Customer identification; record keeping. A
fingerprint vendor or fingerprint vendor agency shall document
in the form of a work order when and where each and every
fingerprint service is provided. The work order shall also
include the name, address, date of birth, telephone number, and
driver's license number or other identification number of the
person requesting the service to be done, the signature of that
person, the routing number and any other information or
documentation as provided by rule. All work orders shall be
kept by the licensed fingerprint vendor for a period of 2 years
from the date of service and shall include the name and license
number of the fingerprint vendor and, if applicable, the name
and identification number of the registered employee who
performed the services. Work order forms required to be kept
under this Section shall be available for inspection by the
Department or by the Department of State Police.
 
    (225 ILCS 447/31-30 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 31-30. Restrictions on firearms.
    (a) Nothing in this Act or the rules adopted under this Act
shall authorize a person licensed as a fingerprint vendor or
any employee of a licensed fingerprint vendor agency to possess
or carry a firearm in the course of providing fingerprinting
services.
    (b) Nothing in this Act or the rules adopted under this Act
shall grant or authorize the issuance of a firearm
authorization card to a fingerprint vendor or any employee of a
licensed fingerprint vendor agency.
 
    (225 ILCS 447/35-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-10. Inspection of facilities. Each licensee shall
permit his or her office facilities, canine training
facilities, and registered employee files to be audited or
inspected at reasonable times and in a reasonable manner upon
at least 24 hours notice by the Department.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/35-25)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-25. Duplicate licenses. If a license, permanent
employee registration card, or firearm control authorization
card is lost, a duplicate shall be issued upon proof of such
loss together with the payment of the required fee. If a
licensee decides to change his or her name, the Department
shall issue a license in the new name upon proof that the
change was done pursuant to law and payment of the required
fee. Notification of a name change shall be made to the
Department within 30 days after the change.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/35-30)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-30. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
permanent employee registration card. The holder of an agency
license issued under this Act, known in this Section as
"employer", may employ in the conduct of his or her business
employees under the following provisions:
    (a) (1) No person shall be issued a permanent employee
registration card who:
        (1) (A) Is younger than 18 years of age.
        (2) (B) Is younger than 21 years of age if the services
    will include being armed.
        (3) (C) Has been determined by the Department to be
    unfit by reason of conviction of an offense in this or
    another state, other than a traffic offense. The Department
    shall adopt rules for making those determinations that
    shall afford the applicant due process of law.
        (4) (D) Has had a license or permanent employee
    registration card denied, suspended, or revoked under this
    Act (i) within one year before the date the person's
    application for permanent employee registration card is
    received by the Department; and (ii) that refusal, denial,
    suspension, or revocation was based on any provision of
    this Act other than Section 40-50, item (6) or (8) of
    subsection (a) of Section 15-10, subsection (b) of Section
    15-10, item (6) or (8) of subsection (a) of Section 20-10,
    subsection (b) of Section 20-10, item (6) or (8) of
    subsection (a) of Section 25-10, subsection (b) of Section
    25-10, item (7) of subsection (a) of Section 30-10,
    subsection (b) of Section 30-10, or Section 10-40.
        (5) (E) Has been declared incompetent by any court of
    competent jurisdiction by reason of mental disease or
    defect and has not been restored.
        (6) (F) Has been dishonorably discharged from the armed
    services of the United States.
    (b) (2) No person may be employed by a private detective
agency, private security contractor agency, private alarm
contractor agency, fingerprint vendor agency, or locksmith
agency under this Section until he or she has executed and
furnished to the employer, on forms furnished by the
Department, a verified statement to be known as "Employee's
Statement" setting forth:
        (1) (A) The person's full name, age, and residence
    address.
        (2) (B) The business or occupation engaged in for the 5
    years immediately before the date of the execution of the
    statement, the place where the business or occupation was
    engaged in, and the names of employers, if any.
        (3) (C) That the person has not had a license or
    employee registration denied, revoked, or suspended under
    this Act (i) within one year before the date the person's
    application for permanent employee registration card is
    received by the Department; and (ii) that refusal, denial,
    suspension, or revocation was based on any provision of
    this Act other than Section 40-50, item (6) or (8) of
    subsection (a) of Section 15-10, subsection (b) of Section
    15-10, item (6) or (8) of subsection (a) of Section 20-10,
    subsection (b) of Section 20-10, item (6) or (8) of
    subsection (a) of Section 25-10, subsection (b) of Section
    25-10, item (7) of subsection (a) of Section 30-10,
    subsection (b) of Section 30-10, or Section 10-40.
        (4) (D) Any conviction of a felony or misdemeanor.
        (5) (E) Any declaration of incompetence by a court of
    competent jurisdiction that has not been restored.
        (6) (F) Any dishonorable discharge from the armed
    services of the United States.
        (7) (G) Any other information as may be required by any
    rule of the Department to show the good character,
    competency, and integrity of the person executing the
    statement.
    (c) Each applicant for a permanent employee registration
card shall have his or her fingerprints submitted to the
Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Department of State Police. These fingerprints shall be checked
against the Department of State Police and Federal Bureau of
Investigation criminal history record databases now and
hereafter filed. The Department of State Police shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Department of State Police shall furnish, pursuant to
positive identification, records of Illinois convictions to
the Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or
directly to the vendor. The Department, in its discretion, may
allow an applicant who does not have reasonable access to a
designated vendor to provide his or her fingerprints in an
alternative manner. The Department, in its discretion, may also
use other procedures in performing or obtaining criminal
background checks of applicants. Instead of submitting his or
her fingerprints, an individual may submit proof that is
satisfactory to the Department that an equivalent security
clearance has been conducted. Also, an individual who has
retired as a peace officer within 12 months of application may
submit verification, on forms provided by the Department and
signed by his or her employer, of his or her previous full-time
employment as a peace officer.
    (d) The Department shall issue a permanent employee
registration card, in a form the Department prescribes, to all
qualified applicants. The holder of a permanent employee
registration card shall carry the card at all times while
actually engaged in the performance of the duties of his or her
employment. Expiration and requirements for renewal of
permanent employee registration cards shall be established by
rule of the Department. Possession of a permanent employee
registration card does not in any way imply that the holder of
the card is employed by an agency unless the permanent employee
registration card is accompanied by the employee
identification card required by subsection (f) of this Section.
    (e) Each employer shall maintain a record of each employee
that is accessible to the duly authorized representatives of
the Department. The record shall contain the following
information:
        (1) A photograph taken within 10 days of the date that
    the employee begins employment with the employer. The
    photograph shall be replaced with a current photograph
    every 3 calendar years.
        (2) The Employee's Statement specified in subsection
    (b) of this Section.
        (3) All correspondence or documents relating to the
    character and integrity of the employee received by the
    employer from any official source or law enforcement
    agency.
        (4) In the case of former employees, the employee
    identification card of that person issued under subsection
    (f) of this Section. Each employee record shall duly note
    if the employee is employed in an armed capacity. Armed
    employee files shall contain a copy of an active firearm
    owner's identification card and a copy of an active firearm
    control authorization card. Each employer shall maintain a
    record for each armed employee of each instance in which
    the employee's weapon was discharged during the course of
    his or her professional duties or activities. The record
    shall be maintained on forms provided by the Department, a
    copy of which must be filed with the Department within 15
    days of an instance. The record shall include the date and
    time of the occurrence, the circumstances involved in the
    occurrence, and any other information as the Department may
    require. Failure to provide this information to the
    Department or failure to maintain the record as a part of
    each armed employee's permanent file is grounds for
    disciplinary action. The Department, upon receipt of a
    report, shall have the authority to make any investigation
    it considers appropriate into any occurrence in which an
    employee's weapon was discharged and to take disciplinary
    action as may be appropriate.
        (5) The Department may, by rule, prescribe further
    record requirements.
    (f) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent photograph
of the employee, the employee's name, the name and agency
license number of the employer, the employee's personal
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
    (g) No employer may issue an employee identification card
to any person who is not employed by the employer in accordance
with this Section or falsely state or represent that a person
is or has been in his or her employ. It is unlawful for an
applicant for registered employment to file with the Department
the fingerprints of a person other than himself or herself.
    (h) Every employer shall obtain the identification card of
every employee who terminates employment with him or her.
    (i) Every employer shall maintain a separate roster of the
names of all employees currently working in an armed capacity
and submit the roster to the Department on request.
    (j) No agency may employ any person to perform a licensed
activity under this Act unless the person possesses a valid
permanent employee registration card or a valid license under
this Act, or is exempt pursuant to subsection (n).
    (k) Notwithstanding the provisions of subsection (j), an
agency may employ a person in a temporary capacity if all of
the following conditions are met:
        (1) The agency completes in its entirety and submits to
    the Department an application for a permanent employee
    registration card, including the required fingerprint
    receipt and fees.
        (2) The agency has verification from the Department
    that the applicant has no record of any criminal conviction
    pursuant to the criminal history check conducted by the
    Department of State Police. The agency shall maintain the
    verification of the results of the Department of State
    Police criminal history check as part of the employee
    record as required under subsection (e) of this Section.
        (3) The agency exercises due diligence to ensure that
    the person is qualified under the requirements of the Act
    to be issued a permanent employee registration card.
        (4) The agency maintains a separate roster of the names
    of all employees whose applications are currently pending
    with the Department and submits the roster to the
    Department on a monthly basis. Rosters are to be maintained
    by the agency for a period of at least 24 months.
    An agency may employ only a permanent employee applicant
for which it either submitted a permanent employee application
and all required forms and fees or it confirms with the
Department that a permanent employee application and all
required forms and fees have been submitted by another agency,
licensee or the permanent employee and all other requirements
of this Section are met.
    The Department shall have the authority to revoke, without
a hearing, the temporary authority of an individual to work
upon receipt of Federal Bureau of Investigation fingerprint
data or a report of another official authority indicating a
criminal conviction. If the Department has not received a
temporary employee's Federal Bureau of Investigation
fingerprint data within 120 days of the date the Department
received the Department of State Police fingerprint data, the
Department may, at its discretion, revoke the employee's
temporary authority to work with 15 days written notice to the
individual and the employing agency.
    An agency may not employ a person in a temporary capacity
if it knows or reasonably should have known that the person has
been convicted of a crime under the laws of this State, has
been convicted in another state of any crime that is a crime
under the laws of this State, has been convicted of any crime
in a federal court, or has been posted as an unapproved
applicant by the Department. Notice by the Department to the
agency, via certified mail, personal delivery, electronic
mail, or posting on the Department's Internet site accessible
to the agency that the person has been convicted of a crime
shall be deemed constructive knowledge of the conviction on the
part of the agency. The Department may adopt rules to implement
this subsection (k).
    (l) No person may be employed under this Section in any
capacity if:
        (1) the person, while so employed, is being paid by the
    United States or any political subdivision for the time so
    employed in addition to any payments he or she may receive
    from the employer; or
        (2) the person wears any portion of his or her official
    uniform, emblem of authority, or equipment while so
    employed.
    (m) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, the Department shall so notify the agency
that submitted the fingerprints on behalf of that person.
    (n) Peace officers shall be exempt from the requirements of
this Section relating to permanent employee registration
cards. The agency shall remain responsible for any peace
officer employed under this exemption, regardless of whether
the peace officer is compensated as an employee or as an
independent contractor and as further defined by rule.
    (o) Persons who have no access to confidential or security
information and who otherwise do not provide traditional
security services are exempt from employee registration.
Examples of exempt employees include, but are not limited to,
employees working in the capacity of ushers, directors, ticket
takers, cashiers, drivers, and reception personnel.
Confidential or security information is that which pertains to
employee files, scheduling, client contracts, or technical
security and alarm data.
(Source: P.A. 93-438, eff. 8-5-03; revised 10-18-05.)
 
    (225 ILCS 447/35-35)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-35. Requirement of a firearm control authorization
card.
    (a) No person shall perform duties that include the use,
carrying, or possession of a firearm in the performance of
those duties without complying with the provisions of this
Section and having been issued a valid firearm control
authorization card by the Department.
    (b) No employer shall employ any person to perform the
duties for which employee registration is required and allow
that person to carry a firearm unless that person has complied
with all the firearm training requirements of this Section and
has been issued a firearm control authorization card. This Act
permits only the following to carry firearms while actually
engaged in the performance of their duties or while commuting
directly to or from their places of employment: persons
licensed as private detectives and their registered employees;
persons licensed as private security contractors and their
registered employees; persons licensed as private alarm
contractors and their registered employees; and employees of a
registered armed proprietary security force.
    (c) Possession of a valid firearm control authorization
card allows an employee to carry a firearm not otherwise
prohibited by law while the employee is engaged in the
performance of his or her duties or while the employee is
commuting directly to or from the employee's place or places of
employment, provided that this is accomplished within one hour
from departure from home or place of employment.
    (d) The Department shall issue a firearm control
authorization card to a person who has passed an approved
firearm training course, who is currently employed by an agency
licensed by this Act and has met all the requirements of this
Act, and who possesses a valid firearm owner identification
card. Application for the firearm control authorization card
shall be made by the employer to the Department on forms
provided by the Department. The Department shall forward the
card to the employer who shall be responsible for its issuance
to the employee. The firearm control authorization card shall
be issued by the Department and shall identify the person
holding it and the name of the course where the employee
received firearm instruction and shall specify the type of
weapon or weapons the person is authorized by the Department to
carry and for which the person has been trained.
    (e) Expiration and requirements for renewal of firearm
control authorization cards shall be determined by rule.
    (f) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a firearm control authorization card if the
applicant or holder has been convicted of any felony or crime
involving the illegal use, carrying, or possession of a deadly
weapon or for a violation of this Act or rules promulgated
under this Act. The Department shall refuse to issue or shall
revoke a firearm control authorization card if the applicant or
holder fails to possess a valid firearm owners identification
card. The Director shall summarily suspend a firearm control
authorization card if the Director finds that its continued use
would constitute an imminent danger to the public. A hearing
shall be held before the Board within 30 days if the Director
summarily suspends a firearm control authorization card.
    (g) Notwithstanding any other provision of this Act to the
contrary, all requirements relating to firearms control
authorization cards do not apply to a peace officer.
    (h) The Department may issue a temporary firearm control
card pending issuance of a new firearm control card upon an
agency's acquiring of an established armed account. An agency
that has acquired armed employees as a result of acquiring an
established armed account may, on forms supplied by the
Department, request the issuance of a temporary firearm control
card for each acquired employee who held a valid firearm
control card under his or her employment with the newly
acquired established armed account immediately preceding the
acquiring of the account and who continues to meet all of the
qualifications for issuance of a firearm control card set forth
in this Act and any rules adopted under this Act. The
Department shall, by rule, set the fee for issuance of a
temporary firearm control card.
    (i) The Department may not issue a firearm control card to
employees of a licensed fingerprint vendor agency.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/35-40)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-40. Firearm control authorization; training
requirements.
    (a) The Department shall, pursuant to rule, approve or
disapprove training programs for the firearm training course,
which shall be taught by a qualified instructor. Qualifications
for instructors shall be set by rule. The firearm training
course shall be conducted by entities, by a licensee, or by an
agency licensed by this Act, provided the course is approved by
the Department. The firearm course shall consist of the
following minimum requirements:
        (1) 40 hours of training, 20 hours of which shall be as
    described in Sections 15-20, 20-20, or 25-20, as
    applicable, and 20 hours of which shall include all of the
    following:
            (A) Instruction in the dangers of and misuse of
        firearms, their storage, safety rules, and care and
        cleaning of firearms.
            (B) Practice firing on a range with live
        ammunition.
            (C) Instruction in the legal use of firearms.
            (D) A presentation of the ethical and moral
        considerations necessary for any person who possesses
        a firearm.
            (E) A review of the laws regarding arrest, search,
        and seizure.
            (F) Liability for acts that may be performed in the
        course of employment.
        (2) An examination shall be given at the completion of
    the course. The examination shall consist of a firearms
    qualification course and a written examination. Successful
    completion shall be determined by the Department.
    (b) The firearm training requirement may be waived for an
employee who has completed training provided by the Illinois
Law Enforcement Training Standards Board or the equivalent
public body of another state, provided documentation showing
requalification with the weapon on the firing range is
submitted to the Department.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/35-41 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-41. Requirement of a canine handler authorization
card.
    (a) No person shall perform duties that include the use or
handling of a canine to protect persons or property or to
conduct investigations without having been issued a valid
canine handler authorization card by the Department. An agency
may subcontract out its canine odor detection services to
another licensed agency or may use the employees of another
licensed agency as subcontractors, provided that all employees
who provide canine odor detection services in either
arrangement are properly registered under this Act and are
otherwise in compliance with the requirements of this Section.
It is the responsibility of each agency participating in a
subcontracting arrangement to ensure compliance with all
employees so utilized.
    (b) No agency shall employ any person to perform the duties
for which employee registration is required and allow that
person to use or handle a canine to protect persons or property
or to conduct investigations unless that person has been issued
a canine handler authorization card.
    (c) The Department shall issue a canine handler
authorization card to a person who (i) has passed an approved
canine handler training course, (ii) is currently employed by
an agency licensed under this Act, and (iii) has met all of the
applicable requirements of this Act. Application for the canine
handler authorization card shall be made by the employer to the
Department on forms provided by the Department. The Department
shall forward the card to the employer who shall be responsible
for its issuance to the employee. The canine handler
authorization card shall be issued by the Department and must
identify the person holding it and the name of the canine
training facility where the employee received canine handler
instruction.
    (d) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a canine handler authorization card if the
applicant or holder has been convicted of any felony or
misdemeanor involving cruelty to animals or for a violation of
this Act or rules adopted under this Act.
    (e) Notwithstanding any other provision of this Section, an
agency may employ a person in a temporary capacity as a canine
handler if each of the following conditions are met:
        (1) The agency completes in its entirety and submits to
    the Department an application for a canine handler
    registration card, including the required fees.
        (2) The agency exercises due diligence to ensure that
    the person is qualified under the requirements of the Act
    to be issued a canine handler registration card.
 
    (225 ILCS 447/35-42 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-42. Canine handler authorization; training
requirements. The Department shall, pursuant to rule, approve
or disapprove training programs for the canine handler training
course, which shall be taught by a qualified instructor.
Qualifications for instructors shall be set by rule. The canine
handler training course must be conducted by a licensee under
this Act and approved by the Department. A canine handler
course must consist of each of the following minimum
requirements:
        (1) One hundred hours of basic training, which shall
    include the following subjects:
            (A) canine handling safety procedures;
            (B) basic veterinary health and wellness
        principles, including canine first aid;
            (C) principles of canine conditioning;
            (D) canine obedience techniques;
            (E) search patterns and techniques; and
            (F) legal guidelines affecting canine odor
        detection operations.
        (2) Eighty hours of additional training related to the
    particular canine discipline in which the canine and canine
    handler are to be trained, including without limitation
    patrol, narcotics odor detection, explosives odor
    detection, and cadaver odor detection.
        (3) An examination given at the completion of the
    course, which shall consist of a canine practical
    qualification course and a written examination. Successful
    completion of the examination shall be determined by the
    canine training facility.
 
    (225 ILCS 447/35-43 new)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-43. Requirement of a canine trainer authorization
card; qualifications.
    (a) No person may perform duties that include the training
of canine handlers and canines to protect persons or property
or to conduct investigations without having been issued a valid
canine trainer authorization card by the Department.
    (b) No employer shall employ any person to perform the
duties for which employee registration is required under this
Act and allow that person to train canine handlers and canines
unless that person has been issued a canine trainer
authorization card.
    (c) The Department shall issue a canine trainer
authorization card to a person who (i) has passed an approved
canine trainer training course, (ii) is currently employed by
an agency licensed under this Act, and (iii) has met all of the
applicable requirements of this Act. Application for the canine
trainer authorization card shall be made by the employer to the
Department on forms provided by the Department. The Department
shall forward the card to the employer who shall be responsible
for its issuance to the employee.
    (d) The Department may, in addition to any other
disciplinary action permitted by this Act, refuse to issue,
suspend, or revoke a canine trainer authorization card if the
applicant or holder has been convicted of any felony or
misdemeanor involving cruelty to animals or for a violation of
this Act or rules promulgated under this Act.
    (e) Qualifications for canine trainers shall be set by the
Department by rule. Any person who has been engaged in the
provision of canine trainer services prior to January 1, 2005,
shall be granted a canine trainer authorization card upon the
submission of a completed application, the payment of
applicable fees, and the demonstration satisfactory to the
Department of the provision of such services.
 
    (225 ILCS 447/35-45)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 35-45. Armed proprietary security force.
    (a) All financial institutions that employ one or more
armed employees and all commercial or industrial operations
that employ 5 or more persons as armed employees shall register
their security forces with the Department on forms provided by
the Department.
    (b) All armed employees of the registered proprietary
security force must complete a 20-hour basic training course
and 20-hour firearm training.
    (c) Every proprietary security force is required to apply
to the Department, on forms supplied by the Department, for a
firearm control authorization card for each armed employee.
    (d) The Department may provide rules for the administration
of this Section.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/40-5)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 40-5. Injunctive relief. The practice of a private
detective, private security contractor, private alarm
contractor, fingerprint vendor, locksmith, private detective
agency, private security contractor agency, private alarm
contractor agency, fingerprint vendor agency, or locksmith
agency by any person, firm, corporation, or other legal entity
that has not been issued a license by the Department or whose
license has been suspended, revoked, or not renewed is hereby
declared to be inimical to the public safety and welfare and to
constitute a public nuisance. The Director, through the
Attorney General, the State's Attorney of any county, any
resident of the State, or any legal entity within the State may
apply for injunctive relief in any court to enjoin any person,
firm, or other entity that has not been issued a license or
whose license has been suspended, revoked, or not renewed from
conducting a licensed activity. Upon the filing of a verified
petition in court, if satisfied by affidavit or otherwise that
the person, firm, corporation, or other legal entity is or has
been conducting activities in violation of this Act, the court
may enter a temporary restraining order or preliminary
injunction, without bond, enjoining the defendant from further
activity. A copy of the verified complaint shall be served upon
the defendant and the proceedings shall be conducted as in
civil cases. If it is established the defendant has been or is
conducting activities in violation of this Act, the court may
enter a judgment enjoining the defendant from that activity. In
case of violation of any injunctive order or judgment entered
under this Section, the court may punish the offender for
contempt of court. Injunctive proceedings shall be in addition
to all other penalties under this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/40-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 40-10. Disciplinary sanctions.
    (a) The Department may deny issuance, refuse to renew, or
restore or may reprimand, place on probation, suspend, or
revoke, or take other disciplinary or non-disciplinary action
against any license, registration, permanent employee
registration card, canine handler authorization card, canine
trainer authorization card, or firearm control authorization
card, and it may impose a fine not to exceed $10,000 $1,500 for
each a first violation and not to exceed $5,000 for a second or
subsequent violation for any of the following:
        (1) Fraud or deception in obtaining or renewing of a
    license or registration.
        (2) Professional incompetence as manifested by poor
    standards of service.
        (3) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
        (4) Conviction of or entry of a plea of guilty or nolo
    contendere in Illinois or another state of any crime that
    is a felony under the laws of Illinois; a felony in a
    federal court; a misdemeanor, an essential element of which
    is dishonesty; or directly related to professional
    practice.
        (5) Performing any services in a grossly negligent
    manner or permitting any of a licensee's employees to
    perform services in a grossly negligent manner, regardless
    of whether actual damage to the public is established.
        (6) Continued practice, although the person has become
    unfit to practice due to any of the following:
            (A) Physical illness, mental illness, or other
        impairment, including, but not limited to,
        deterioration through the aging process or loss of
        motor skills that results in the inability to serve the
        public with reasonable judgment, skill, or safety.
            (B) Mental disability demonstrated by the entry of
        an order or judgment by a court that a person is in
        need of mental treatment or is incompetent.
            (C) Addiction to or dependency on alcohol or drugs
        that is likely to endanger the public. If the
        Department has reasonable cause to believe that a
        person is addicted to or dependent on alcohol or drugs
        that may endanger the public, the Department may
        require the person to undergo an examination to
        determine the extent of the addiction or dependency.
        (7) Receiving, directly or indirectly, compensation
    for any services not rendered.
        (8) Willfully deceiving or defrauding the public on a
    material matter.
        (9) Failing to account for or remit any moneys or
    documents coming into the licensee's possession that
    belong to another person or entity.
        (10) Discipline by another United States jurisdiction
    or foreign nation, if at least one of the grounds for the
    discipline is the same or substantially equivalent to those
    set forth in this Act.
        (11) Giving differential treatment to a person that is
    to that person's detriment because of race, color, creed,
    sex, religion, or national origin.
        (12) Engaging in false or misleading advertising.
        (13) Aiding, assisting, or willingly permitting
    another person to violate this Act or rules promulgated
    under it.
        (14) Performing and charging for services without
    authorization to do so from the person or entity serviced.
        (15) Directly or indirectly offering or accepting any
    benefit to or from any employee, agent, or fiduciary
    without the consent of the latter's employer or principal
    with intent to or the understanding that this action will
    influence his or her conduct in relation to his or her
    employer's or principal's affairs.
        (16) Violation of any disciplinary order imposed on a
    licensee by the Department.
        (17) Failing to comply with any provision of this Act
    or rule promulgated under it.
        (18) Conducting an agency without a valid license.
        (19) Revealing confidential information, except as
    required by law, including but not limited to information
    available under Section 2-123 of the Illinois Vehicle Code.
        (20) Failing to make available to the Department, upon
    request, any books, records, or forms required by this Act.
        (21) Failing, within 30 days, to respond to a written
    request for information from the Department.
        (22) Failing to provide employment information or
    experience information required by the Department
    regarding an applicant for licensure.
        (23) Failing to make available to the Department at the
    time of the request any indicia of licensure or
    registration issued under this Act.
        (24) Purporting to be a licensee-in-charge of an agency
    without active participation in the agency.
    (b) The Department shall seek to be consistent in the
application of disciplinary sanctions.
    (c) The Department shall adopt rules that set forth
standards of service for the following: (i) acceptable error
rate in the transmission of fingerprint images and other data
to the Department of State Police; (ii) acceptable error rate
in the collection and documentation of information used to
generate fingerprint work orders; and (iii) any other standard
of service that affects fingerprinting services as determined
by the Department.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/45-50)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 45-50. Unlicensed practice; fraud in obtaining a
license.
    (a) A person who violates any of the following provisions
shall be guilty of a Class A misdemeanor; a person who commits
a second or subsequent violation of these provisions is guilty
of a Class 4 felony:
        (1) The practice of or attempted practice of or holding
    out as available to practice as a private detective,
    private security contractor, private alarm contractor,
    fingerprint vendor, or locksmith without a license.
        (2) Operation of or attempt to operate a private
    detective agency, private security contractor agency,
    private alarm contractor agency, fingerprint vendor
    agency, or locksmith agency without ever having been issued
    a valid agency license.
        (3) The obtaining of or the attempt to obtain any
    license or authorization issued under this Act by
    fraudulent misrepresentation.
    (b) Whenever a licensee is convicted of a felony related to
the violations set forth in this Section, the clerk of the
court in any jurisdiction shall promptly report the conviction
to the Department and the Department shall immediately revoke
any license as a private detective, private security
contractor, private alarm contractor, fingerprint vendor, or
locksmith held by that licensee. The individual shall not be
eligible for licensure under this Act until at least 10 years
have elapsed since the time of full discharge from any sentence
imposed for a felony conviction. If any person in making any
oath or affidavit required by this Act swears falsely, the
person is guilty of perjury and may be punished accordingly.
    (c) In addition to any other penalty provided by law, a
person, licensed or unlicensed, who violates any provision of
this Section shall pay a civil penalty to the Department in an
amount not to exceed $10,000 $5,000 for each offense, as
determined by the Department. The civil penalty shall be
imposed in accordance with this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/45-55)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 45-55. Subpoenas.
    (a) The Department, with the approval of a member of the
Board, may subpoena and bring before it any person to take the
oral or written testimony or compel the production of any
books, papers, records, or any other documents that the
Secretary or his or her designee deems relevant or material to
any such investigation or hearing conducted by the Department
with the same fees and in the same manner as prescribed in
civil cases.
    (b) Any circuit court, upon the application of the
licensee, the Department, or the Board, may order the
attendance of witnesses and the production of relevant books
and papers before the Board in any hearing under this Act. The
circuit court may compel obedience to its order by proceedings
for contempt.
    (c) The Director, the hearing officer or a certified
shorthand court reporter may administer oaths at any hearing
the Department conducts. Notwithstanding any other statute or
Department rule to the contrary, all requests for testimony,
production of documents or records shall be in accordance with
this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/50-10)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 50-10. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Board.
    (a) The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Board shall
consist of 13 11 members appointed by the Director and
comprised of 2 licensed private detectives, 3 licensed private
security contractors, one licensed private detective or
licensed private security contractor who provides canine odor
detection services, 2 licensed private alarm contractors, one
licensed fingerprint vendor, 2 licensed locksmiths, one public
member who is not licensed or registered under this Act and who
has no connection with a business licensed under this Act, and
one member representing the employees registered under this
Act. Each member shall be a resident of Illinois. Except for
the initial appointment of a licensed fingerprint vendor after
the effective date of this amendatory Act of the 95th General
Assembly, each Each licensed member shall have at least 5 years
experience as a licensee in the professional area in which the
person is licensed and be in good standing and actively engaged
in that profession. In making appointments, the Director shall
consider the recommendations of the professionals and the
professional organizations representing the licensees. The
membership shall reasonably reflect the different geographic
areas in Illinois.
    (b) Members shall serve 4 year terms and may serve until
their successors are appointed. No member shall serve for more
than 2 successive terms. Appointments to fill vacancies shall
be made in the same manner as the original appointments for the
unexpired portion of the vacated term. Members of the Board in
office on the effective date of this Act pursuant to the
Private Detective, Private Alarm, Private Security, and
Locksmith Act of 1993 shall serve for the duration of their
terms and may be appointed for one additional term.
    (c) A member of the Board may be removed for cause. A
member subject to formal disciplinary proceedings shall
disqualify himself or herself from all Board business until the
charge is resolved. A member also shall disqualify himself or
herself from any matter on which the member cannot act
objectively.
    (d) Members shall receive compensation as set by law. Each
member shall receive reimbursement as set by the Governor's
Travel Control Board for expenses incurred in carrying out the
duties as a Board member.
    (e) A majority of Board members constitutes a quorum. A
majority vote of the quorum is required for a decision.
    (f) The Board shall elect a chairperson and vice
chairperson.
    (g) Board members are not liable for their acts, omissions,
decisions, or other conduct in connection with their duties on
the Board, except those determined to be willful, wanton, or
intentional misconduct.
    (h) The Board may recommend policies, procedures, and rules
relevant to the administration and enforcement of this Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    (225 ILCS 447/50-25)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 50-25. Home rule. Pursuant to paragraph (h) of Section
6 of Article VII of the Illinois Constitution of 1970, the
power to regulate the private detective, private security,
private alarm, fingerprint vending, or locksmith business or
their employees shall be exercised exclusively by the State and
may not be exercised by any unit of local government, including
home rule units.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    Section 30. The Animal Welfare Act is amended by changing
Section 3 as follows:
 
    (225 ILCS 605/3)  (from Ch. 8, par. 303)
    Sec. 3. (a) Except as provided in subsection (b) of this
Section, no No person shall engage in business as a pet shop
operator, dog dealer, kennel operator, cattery operator, or
operate a guard dog service, an animal control facility or
animal shelter or any combination thereof, in this State
without a license therefor issued by the Department. Only one
license shall be required for any combination of businesses at
one location, except that a separate license shall be required
to operate a guard dog service. Guard dog services that are
located outside this State but provide services within this
State are required to obtain a license from the Department.
Out-of-state guard dog services are required to comply with the
requirements of this Act with regard to guard dogs and sentry
dogs transported to or used within this State.
    (b) This Act does not apply to a private detective agency
or private security agency licensed under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004 that provides guard dog or
canine odor detection services and does not otherwise operate a
kennel for hire.
(Source: P.A. 89-178, eff. 7-19-95.)
 
    Section 35. The Illinois Public Aid Code is amended by
changing Section 10-4 as follows:
 
    (305 ILCS 5/10-4)  (from Ch. 23, par. 10-4)
    Sec. 10-4. Notification of Support Obligation. The
administrative enforcement unit within the authorized area of
its operation shall notify each responsible relative of an
applicant or recipient, or responsible relatives of other
persons given access to the child support enforcement services
of this Article, of his legal obligation to support and shall
request such information concerning his financial status as may
be necessary to determine whether he is financially able to
provide such support, in whole or in part. In cases involving a
child born out of wedlock, the notification shall include a
statement that the responsible relative has been named as the
biological father of the child identified in the notification.
    In the case of applicants, the notification shall be sent
as soon as practical after the filing of the application. In
the case of recipients, the notice shall be sent at such time
as may be established by rule of the Illinois Department.
    The notice shall be accompanied by the forms or
questionnaires provided in Section 10-5. It shall inform the
relative that he may be liable for reimbursement of any support
furnished from public aid funds prior to determination of the
relative's financial circumstances, as well as for future
support. In the alternative, when support is sought on behalf
of applicants for or recipients of financial aid under Article
IV of this Code and other persons who are given access to the
child support enforcement services of this Article as provided
in Section 10-1, the notice shall inform the relative that the
relative may be required to pay support for a period before the
date an administrative support order is entered, as well as
future support.
    Neither the mailing nor receipt of such notice shall be
deemed a jurisdictional requirement for the subsequent
exercise of the investigative procedures undertaken by an
administrative enforcement unit or the entry of any order or
determination of paternity or support or reimbursement by the
administrative enforcement unit; except that notice shall be
served by certified mail addressed to the responsible relative
at his or her last known address, return receipt requested, or
by a person who is licensed or registered as a private
detective under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a
registered employee of a private detective agency certified
under that Act, or in counties with a population of less than
2,000,000 by any method provided by law for service of summons,
in cases where a determination of paternity or support by
default is sought on behalf of applicants for or recipients of
financial aid under Article IV of this Act and other persons
who are given access to the child support enforcement services
of this Article as provided in Section 10-1.
(Source: P.A. 94-92, eff. 6-30-05.)
 
    Section 40. The Illinois Vehicle Code is amended by
changing Section 2-123 as follows:
 
    (625 ILCS 5/2-123)  (from Ch. 95 1/2, par. 2-123)
    Sec. 2-123. Sale and Distribution of Information.
    (a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, and all other governmental units of the State and
Federal Government requesting them for governmental purposes.
The Secretary shall require any such applicant for services to
pay for the costs of furnishing such services and the use of
the equipment involved, and in addition is empowered to
establish prices and charges for the services so furnished and
for the use of the electronic equipment utilized.
    (b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed in
subsection (a) of this Section, vehicle or driver data on a
computer tape, disk, other electronic format or computer
processable medium, or printout at a fixed fee of $250 for
orders received before October 1, 2003 and $500 for orders
received on or after October 1, 2003, in advance, and require
in addition a further sufficient deposit based upon the
Secretary of State's estimate of the total cost of the
information requested and a charge of $25 for orders received
before October 1, 2003 and $50 for orders received on or after
October 1, 2003, per 1,000 units or part thereof identified or
the actual cost, whichever is greater. The Secretary is
authorized to refund any difference between the additional
deposit and the actual cost of the request. This service shall
not be in lieu of an abstract of a driver's record nor of a
title or registration search. This service may be limited to
entities purchasing a minimum number of records as required by
administrative rule. The information sold pursuant to this
subsection shall be the entire vehicle or driver data list, or
part thereof. The information sold pursuant to this subsection
shall not contain personally identifying information unless
the information is to be used for one of the purposes
identified in subsection (f-5) of this Section. Commercial
purchasers of driver and vehicle record databases shall enter
into a written agreement with the Secretary of State that
includes disclosure of the commercial use of the information to
be purchased.
    (b-1) The Secretary is further empowered to and may, in his
or her discretion, furnish vehicle or driver data on a computer
tape, disk, or other electronic format or computer processible
medium, at no fee, to any State or local governmental agency
that uses the information provided by the Secretary to transmit
data back to the Secretary that enables the Secretary to
maintain accurate driving records, including dispositions of
traffic cases. This information may be provided without fee not
more often than once every 6 months.
    (c) Secretary of State may issue registration lists. The
Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to the
registration numbers assigned to registered vehicles and shall
contain in addition the names and addresses of registered
owners and a brief description of each vehicle including the
serial or other identifying number thereof. Such compilation
may be in such form as in the discretion of the Secretary of
State may seem best for the purposes intended.
    (d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased by the sheriffs
or chiefs of police at the fee of $500 each or at the cost of
producing the list as determined by the Secretary of State.
Such lists are to be used for governmental purposes only.
    (e) (Blank).
    (e-1) (Blank).
    (f) The Secretary of State shall make a title or
registration search of the records of his office and a written
report on the same for any person, upon written application of
such person, accompanied by a fee of $5 for each registration
or title search. The written application shall set forth the
intended use of the requested information. No fee shall be
charged for a title or registration search, or for the
certification thereof requested by a government agency. The
report of the title or registration search shall not contain
personally identifying information unless the request for a
search was made for one of the purposes identified in
subsection (f-5) of this Section. The report of the title or
registration search shall not contain highly restricted
personal information unless specifically authorized by this
Code.
    The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 in addition to the fee required for a
title or registration search. Certification shall be made under
the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
    The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
    No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004, who are employed by or are
acting on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the Illinois
Vehicle Code, the vehicle owner or registrant or other entities
as the Secretary may exempt by rule and regulation.
    Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall be
subject to disciplinary sanctions under Section 40-10 of the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
    (f-5) The Secretary of State shall not disclose or
otherwise make available to any person or entity any personally
identifying information obtained by the Secretary of State in
connection with a driver's license, vehicle, or title
registration record unless the information is disclosed for one
of the following purposes:
        (1) For use by any government agency, including any
    court or law enforcement agency, in carrying out its
    functions, or any private person or entity acting on behalf
    of a federal, State, or local agency in carrying out its
    functions.
        (2) For use in connection with matters of motor vehicle
    or driver safety and theft; motor vehicle emissions; motor
    vehicle product alterations, recalls, or advisories;
    performance monitoring of motor vehicles, motor vehicle
    parts, and dealers; and removal of non-owner records from
    the original owner records of motor vehicle manufacturers.
        (3) For use in the normal course of business by a
    legitimate business or its agents, employees, or
    contractors, but only:
            (A) to verify the accuracy of personal information
        submitted by an individual to the business or its
        agents, employees, or contractors; and
            (B) if such information as so submitted is not
        correct or is no longer correct, to obtain the correct
        information, but only for the purposes of preventing
        fraud by, pursuing legal remedies against, or
        recovering on a debt or security interest against, the
        individual.
        (4) For use in research activities and for use in
    producing statistical reports, if the personally
    identifying information is not published, redisclosed, or
    used to contact individuals.
        (5) For use in connection with any civil, criminal,
    administrative, or arbitral proceeding in any federal,
    State, or local court or agency or before any
    self-regulatory body, including the service of process,
    investigation in anticipation of litigation, and the
    execution or enforcement of judgments and orders, or
    pursuant to an order of a federal, State, or local court.
        (6) For use by any insurer or insurance support
    organization or by a self-insured entity or its agents,
    employees, or contractors in connection with claims
    investigation activities, antifraud activities, rating, or
    underwriting.
        (7) For use in providing notice to the owners of towed
    or impounded vehicles.
        (8) For use by any person licensed as a private
    detective or firm licensed as a private detective agency
    under the Private Detective, Private Alarm, Private
    Security, Fingerprint Vendor, and Locksmith Act of 2004
    1993, private investigative agency or security service
    licensed in Illinois for any purpose permitted under this
    subsection.
        (9) For use by an employer or its agent or insurer to
    obtain or verify information relating to a holder of a
    commercial driver's license that is required under chapter
    313 of title 49 of the United States Code.
        (10) For use in connection with the operation of
    private toll transportation facilities.
        (11) For use by any requester, if the requester
    demonstrates it has obtained the written consent of the
    individual to whom the information pertains.
        (12) For use by members of the news media, as defined
    in Section 1-148.5, for the purpose of newsgathering when
    the request relates to the operation of a motor vehicle or
    public safety.
        (13) For any other use specifically authorized by law,
    if that use is related to the operation of a motor vehicle
    or public safety.
    (f-6) The Secretary of State shall not disclose or
otherwise make available to any person or entity any highly
restricted personal information obtained by the Secretary of
State in connection with a driver's license, vehicle, or title
registration record unless specifically authorized by this
Code.
    (g) 1. The Secretary of State may, upon receipt of a
    written request and a fee of $6 before October 1, 2003 and
    a fee of $12 on and after October 1, 2003, furnish to the
    person or agency so requesting a driver's record. Such
    document may include a record of: current driver's license
    issuance information, except that the information on
    judicial driving permits shall be available only as
    otherwise provided by this Code; convictions; orders
    entered revoking, suspending or cancelling a driver's
    license or privilege; and notations of accident
    involvement. All other information, unless otherwise
    permitted by this Code, shall remain confidential.
    Information released pursuant to a request for a driver's
    record shall not contain personally identifying
    information, unless the request for the driver's record was
    made for one of the purposes set forth in subsection (f-5)
    of this Section.
        2. The Secretary of State shall not disclose or
    otherwise make available to any person or entity any highly
    restricted personal information obtained by the Secretary
    of State in connection with a driver's license, vehicle, or
    title registration record unless specifically authorized
    by this Code. The Secretary of State may certify an
    abstract of a driver's record upon written request
    therefor. Such certification shall be made under the
    signature of the Secretary of State and shall be
    authenticated by the Seal of his office.
        3. All requests for driving record information shall be
    made in a manner prescribed by the Secretary and shall set
    forth the intended use of the requested information.
        The Secretary of State may notify the affected driver
    of the request for purchase of his driver's record as the
    Secretary deems appropriate.
        No information shall be released to the requester until
    expiration of a 10 day period. This 10 day period shall not
    apply to requests for information made by law enforcement
    officials, government agencies, financial institutions,
    attorneys, insurers, employers, automobile associated
    businesses, persons licensed as a private detective or
    firms licensed as a private detective agency under the
    Private Detective, Private Alarm, Private Security,
    Fingerprint Vendor, and Locksmith Act of 2004, who are
    employed by or are acting on behalf of law enforcement
    officials, government agencies, financial institutions,
    attorneys, insurers, employers, automobile associated
    businesses, and other business entities for purposes
    consistent with the Illinois Vehicle Code, the affected
    driver or other entities as the Secretary may exempt by
    rule and regulation.
        Any misrepresentation made by a requestor of driver
    information shall be punishable as a petty offense, except
    in the case of persons licensed as a private detective or
    firms licensed as a private detective agency which shall be
    subject to disciplinary sanctions under Section 40-10 of
    the Private Detective, Private Alarm, Private Security,
    Fingerprint Vendor, and Locksmith Act of 2004.
        4. The Secretary of State may furnish without fee, upon
    the written request of a law enforcement agency, any
    information from a driver's record on file with the
    Secretary of State when such information is required in the
    enforcement of this Code or any other law relating to the
    operation of motor vehicles, including records of
    dispositions; documented information involving the use of
    a motor vehicle; whether such individual has, or previously
    had, a driver's license; and the address and personal
    description as reflected on said driver's record.
        5. Except as otherwise provided in this Section, the
    Secretary of State may furnish, without fee, information
    from an individual driver's record on file, if a written
    request therefor is submitted by any public transit system
    or authority, public defender, law enforcement agency, a
    state or federal agency, or an Illinois local
    intergovernmental association, if the request is for the
    purpose of a background check of applicants for employment
    with the requesting agency, or for the purpose of an
    official investigation conducted by the agency, or to
    determine a current address for the driver so public funds
    can be recovered or paid to the driver, or for any other
    purpose set forth in subsection (f-5) of this Section.
        The Secretary may also furnish the courts a copy of an
    abstract of a driver's record, without fee, subsequent to
    an arrest for a violation of Section 11-501 or a similar
    provision of a local ordinance. Such abstract may include
    records of dispositions; documented information involving
    the use of a motor vehicle as contained in the current
    file; whether such individual has, or previously had, a
    driver's license; and the address and personal description
    as reflected on said driver's record.
        6. Any certified abstract issued by the Secretary of
    State or transmitted electronically by the Secretary of
    State pursuant to this Section, to a court or on request of
    a law enforcement agency, for the record of a named person
    as to the status of the person's driver's license shall be
    prima facie evidence of the facts therein stated and if the
    name appearing in such abstract is the same as that of a
    person named in an information or warrant, such abstract
    shall be prima facie evidence that the person named in such
    information or warrant is the same person as the person
    named in such abstract and shall be admissible for any
    prosecution under this Code and be admitted as proof of any
    prior conviction or proof of records, notices, or orders
    recorded on individual driving records maintained by the
    Secretary of State.
        7. Subject to any restrictions contained in the
    Juvenile Court Act of 1987, and upon receipt of a proper
    request and a fee of $6 before October 1, 2003 and a fee of
    $12 on or after October 1, 2003, the Secretary of State
    shall provide a driver's record to the affected driver, or
    the affected driver's attorney, upon verification. Such
    record shall contain all the information referred to in
    paragraph 1 of this subsection (g) plus: any recorded
    accident involvement as a driver; information recorded
    pursuant to subsection (e) of Section 6-117 and paragraph
    (4) of subsection (a) of Section 6-204 of this Code. All
    other information, unless otherwise permitted by this
    Code, shall remain confidential.
    (h) The Secretary shall not disclose social security
numbers or any associated information obtained from the Social
Security Administration except pursuant to a written request
by, or with the prior written consent of, the individual
except: (1) to officers and employees of the Secretary who have
a need to know the social security numbers in performance of
their official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and if
the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of Transportation,
or any other State, pursuant to the administration and
enforcement of the Commercial Motor Vehicle Safety Act of 1986,
(4) pursuant to the order of a court of competent jurisdiction,
or (5) to the Department of Healthcare and Family Services
(formerly Department of Public Aid) for utilization in the
child support enforcement duties assigned to that Department
under provisions of the Illinois Public Aid Code after the
individual has received advanced meaningful notification of
what redisclosure is sought by the Secretary in accordance with
the federal Privacy Act.
    (i) (Blank).
    (j) Medical statements or medical reports received in the
Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and employees
of the Secretary who have a need to know the information
contained in the medical reports and the Driver License Medical
Advisory Board, unless so directed by an order of a court of
competent jurisdiction.
    (k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that (i) for
fees collected before October 1, 2003, $3 of the $6 fee for a
driver's record shall be paid into the Secretary of State
Special Services Fund, (ii) for fees collected on and after
October 1, 2003, of the $12 fee for a driver's record, $3 shall
be paid into the Secretary of State Special Services Fund and
$6 shall be paid into the General Revenue Fund, and (iii) for
fees collected on and after October 1, 2003, 50% of the amounts
collected pursuant to subsection (b) shall be paid into the
General Revenue Fund.
    (l) (Blank).
    (m) Notations of accident involvement that may be disclosed
under this Section shall not include notations relating to
damage to a vehicle or other property being transported by a
tow truck. This information shall remain confidential,
provided that nothing in this subsection (m) shall limit
disclosure of any notification of accident involvement to any
law enforcement agency or official.
    (n) Requests made by the news media for driver's license,
vehicle, or title registration information may be furnished
without charge or at a reduced charge, as determined by the
Secretary, when the specific purpose for requesting the
documents is deemed to be in the public interest. Waiver or
reduction of the fee is in the public interest if the principal
purpose of the request is to access and disseminate information
regarding the health, safety, and welfare or the legal rights
of the general public and is not for the principal purpose of
gaining a personal or commercial benefit. The information
provided pursuant to this subsection shall not contain
personally identifying information unless the information is
to be used for one of the purposes identified in subsection
(f-5) of this Section.
    (o) The redisclosure of personally identifying information
obtained pursuant to this Section is prohibited, except to the
extent necessary to effectuate the purpose for which the
original disclosure of the information was permitted.
    (p) The Secretary of State is empowered to adopt rules to
effectuate this Section.
(Source: P.A. 93-32, eff. 7-1-03; 93-438, eff. 8-5-03; 93-895,
eff. 1-1-05; 94-56, eff. 6-17-05; revised 12-15-05.)
 
    Section 45. The Criminal Code of 1961 is amended by
changing Section 24-2 as follows:
 
    (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
    Sec. 24-2. Exemptions.
    (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and
Section 24-1.6 do not apply to or affect any of the following:
        (1) Peace officers, and any person summoned by a peace
    officer to assist in making arrests or preserving the
    peace, while actually engaged in assisting such officer.
        (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the
    detention of persons accused or convicted of an offense,
    while in the performance of their official duty, or while
    commuting between their homes and places of employment.
        (3) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard or the
    Reserve Officers Training Corps, while in the performance
    of their official duty.
        (4) Special agents employed by a railroad or a public
    utility to perform police functions, and guards of armored
    car companies, while actually engaged in the performance of
    the duties of their employment or commuting between their
    homes and places of employment; and watchmen while actually
    engaged in the performance of the duties of their
    employment.
        (5) Persons licensed as private security contractors,
    private detectives, or private alarm contractors, or
    employed by an agency certified by the Department of
    Professional Regulation, if their duties include the
    carrying of a weapon under the provisions of the Private
    Detective, Private Alarm, Private Security, Fingerprint
    Vendor, and Locksmith Act of 2004, while actually engaged
    in the performance of the duties of their employment or
    commuting between their homes and places of employment,
    provided that such commuting is accomplished within one
    hour from departure from home or place of employment, as
    the case may be. Persons exempted under this subdivision
    (a)(5) shall be required to have completed a course of
    study in firearms handling and training approved and
    supervised by the Department of Professional Regulation as
    prescribed by Section 28 of the Private Detective, Private
    Alarm, Private Security, Fingerprint Vendor, and Locksmith
    Act of 2004, prior to becoming eligible for this exemption.
    The Department of Professional Regulation shall provide
    suitable documentation demonstrating the successful
    completion of the prescribed firearms training. Such
    documentation shall be carried at all times when such
    persons are in possession of a concealable weapon.
        (6) Any person regularly employed in a commercial or
    industrial operation as a security guard for the protection
    of persons employed and private property related to such
    commercial or industrial operation, while actually engaged
    in the performance of his or her duty or traveling between
    sites or properties belonging to the employer, and who, as
    a security guard, is a member of a security force of at
    least 5 persons registered with the Department of
    Professional Regulation; provided that such security guard
    has successfully completed a course of study, approved by
    and supervised by the Department of Professional
    Regulation, consisting of not less than 40 hours of
    training that includes the theory of law enforcement,
    liability for acts, and the handling of weapons. A person
    shall be considered eligible for this exemption if he or
    she has completed the required 20 hours of training for a
    security officer and 20 hours of required firearm training,
    and has been issued a firearm control authorization card by
    the Department of Professional Regulation. Conditions for
    the renewal of firearm control authorization cards issued
    under the provisions of this Section shall be the same as
    for those cards issued under the provisions of the Private
    Detective, Private Alarm, Private Security, Fingerprint
    Vendor, and Locksmith Act of 2004. Such firearm control
    authorization card shall be carried by the security guard
    at all times when he or she is in possession of a
    concealable weapon.
        (7) Agents and investigators of the Illinois
    Legislative Investigating Commission authorized by the
    Commission to carry the weapons specified in subsections
    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
    any investigation for the Commission.
        (8) Persons employed by a financial institution for the
    protection of other employees and property related to such
    financial institution, while actually engaged in the
    performance of their duties, commuting between their homes
    and places of employment, or traveling between sites or
    properties owned or operated by such financial
    institution, provided that any person so employed has
    successfully completed a course of study, approved by and
    supervised by the Department of Professional Regulation,
    consisting of not less than 40 hours of training which
    includes theory of law enforcement, liability for acts, and
    the handling of weapons. A person shall be considered to be
    eligible for this exemption if he or she has completed the
    required 20 hours of training for a security officer and 20
    hours of required firearm training, and has been issued a
    firearm control authorization card by the Department of
    Professional Regulation. Conditions for renewal of firearm
    control authorization cards issued under the provisions of
    this Section shall be the same as for those issued under
    the provisions of the Private Detective, Private Alarm,
    Private Security, Fingerprint Vendor, and Locksmith Act of
    2004. Such firearm control authorization card shall be
    carried by the person so trained at all times when such
    person is in possession of a concealable weapon. For
    purposes of this subsection, "financial institution" means
    a bank, savings and loan association, credit union or
    company providing armored car services.
        (9) Any person employed by an armored car company to
    drive an armored car, while actually engaged in the
    performance of his duties.
        (10) Persons who have been classified as peace officers
    pursuant to the Peace Officer Fire Investigation Act.
        (11) Investigators of the Office of the State's
    Attorneys Appellate Prosecutor authorized by the board of
    governors of the Office of the State's Attorneys Appellate
    Prosecutor to carry weapons pursuant to Section 7.06 of the
    State's Attorneys Appellate Prosecutor's Act.
        (12) Special investigators appointed by a State's
    Attorney under Section 3-9005 of the Counties Code.
        (12.5) Probation officers while in the performance of
    their duties, or while commuting between their homes,
    places of employment or specific locations that are part of
    their assigned duties, with the consent of the chief judge
    of the circuit for which they are employed.
        (13) Court Security Officers while in the performance
    of their official duties, or while commuting between their
    homes and places of employment, with the consent of the
    Sheriff.
        (13.5) A person employed as an armed security guard at
    a nuclear energy, storage, weapons or development site or
    facility regulated by the Nuclear Regulatory Commission
    who has completed the background screening and training
    mandated by the rules and regulations of the Nuclear
    Regulatory Commission.
        (14) Manufacture, transportation, or sale of weapons
    to persons authorized under subdivisions (1) through
    (13.5) of this subsection to possess those weapons.
    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
24-1.6 do not apply to or affect any of the following:
        (1) Members of any club or organization organized for
    the purpose of practicing shooting at targets upon
    established target ranges, whether public or private, and
    patrons of such ranges, while such members or patrons are
    using their firearms on those target ranges.
        (2) Duly authorized military or civil organizations
    while parading, with the special permission of the
    Governor.
        (3) Hunters, trappers or fishermen with a license or
    permit while engaged in hunting, trapping or fishing.
        (4) Transportation of weapons that are broken down in a
    non-functioning state or are not immediately accessible.
    (c) Subsection 24-1(a)(7) does not apply to or affect any
of the following:
        (1) Peace officers while in performance of their
    official duties.
        (2) Wardens, superintendents and keepers of prisons,
    penitentiaries, jails and other institutions for the
    detention of persons accused or convicted of an offense.
        (3) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard, while in
    the performance of their official duty.
        (4) Manufacture, transportation, or sale of machine
    guns to persons authorized under subdivisions (1) through
    (3) of this subsection to possess machine guns, if the
    machine guns are broken down in a non-functioning state or
    are not immediately accessible.
        (5) Persons licensed under federal law to manufacture
    any weapon from which 8 or more shots or bullets can be
    discharged by a single function of the firing device, or
    ammunition for such weapons, and actually engaged in the
    business of manufacturing such weapons or ammunition, but
    only with respect to activities which are within the lawful
    scope of such business, such as the manufacture,
    transportation, or testing of such weapons or ammunition.
    This exemption does not authorize the general private
    possession of any weapon from which 8 or more shots or
    bullets can be discharged by a single function of the
    firing device, but only such possession and activities as
    are within the lawful scope of a licensed manufacturing
    business described in this paragraph.
        During transportation, such weapons shall be broken
    down in a non-functioning state or not immediately
    accessible.
        (6) The manufacture, transport, testing, delivery,
    transfer or sale, and all lawful commercial or experimental
    activities necessary thereto, of rifles, shotguns, and
    weapons made from rifles or shotguns, or ammunition for
    such rifles, shotguns or weapons, where engaged in by a
    person operating as a contractor or subcontractor pursuant
    to a contract or subcontract for the development and supply
    of such rifles, shotguns, weapons or ammunition to the
    United States government or any branch of the Armed Forces
    of the United States, when such activities are necessary
    and incident to fulfilling the terms of such contract.
        The exemption granted under this subdivision (c)(6)
    shall also apply to any authorized agent of any such
    contractor or subcontractor who is operating within the
    scope of his employment, where such activities involving
    such weapon, weapons or ammunition are necessary and
    incident to fulfilling the terms of such contract.
        During transportation, any such weapon shall be broken
    down in a non-functioning state, or not immediately
    accessible.
    (d) Subsection 24-1(a)(1) does not apply to the purchase,
possession or carrying of a black-jack or slung-shot by a peace
officer.
    (e) Subsection 24-1(a)(8) does not apply to any owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section 24-1.6 do not apply to members of any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public or
private, while using their firearms on those target ranges.
    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
to:
        (1) Members of the Armed Services or Reserve Forces of
    the United States or the Illinois National Guard, while in
    the performance of their official duty.
        (2) Bonafide collectors of antique or surplus military
    ordinance.
        (3) Laboratories having a department of forensic
    ballistics, or specializing in the development of
    ammunition or explosive ordinance.
        (4) Commerce, preparation, assembly or possession of
    explosive bullets by manufacturers of ammunition licensed
    by the federal government, in connection with the supply of
    those organizations and persons exempted by subdivision
    (g)(1) of this Section, or like organizations and persons
    outside this State, or the transportation of explosive
    bullets to any organization or person exempted in this
    Section by a common carrier or by a vehicle owned or leased
    by an exempted manufacturer.
    (g-5) Subsection 24-1(a)(6) does not apply to or affect
persons licensed under federal law to manufacture any device or
attachment of any kind designed, used, or intended for use in
silencing the report of any firearm, firearms, or ammunition
for those firearms equipped with those devices, and actually
engaged in the business of manufacturing those devices,
firearms, or ammunition, but only with respect to activities
that are within the lawful scope of that business, such as the
manufacture, transportation, or testing of those devices,
firearms, or ammunition. This exemption does not authorize the
general private possession of any device or attachment of any
kind designed, used, or intended for use in silencing the
report of any firearm, but only such possession and activities
as are within the lawful scope of a licensed manufacturing
business described in this subsection (g-5). During
transportation, those devices shall be detached from any weapon
or not immediately accessible.
    (h) An information or indictment based upon a violation of
any subsection of this Article need not negative any exemptions
contained in this Article. The defendant shall have the burden
of proving such an exemption.
    (i) Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned
to a common carrier operating under license of the State of
Illinois or the federal government, where such transportation,
carrying, or possession is incident to the lawful
transportation in which such common carrier is engaged; and
nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying, or possession of any pistol,
revolver, stun gun, taser, or other firearm, not the subject of
and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
this Article, which is unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card.
(Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439,
eff. 8-5-03; 93-576, eff. 1-1-04; revised 9-15-03.)
 
    Section 50. The Code of Civil Procedure is amended by
changing Section 2-202 as follows:
 
    (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)
    Sec. 2-202. Persons authorized to serve process; Place of
service; Failure to make return.
    (a) Process shall be served by a sheriff, or if the sheriff
is disqualified, by a coroner of some county of the State. A
sheriff of a county with a population of less than 1,000,000
may employ civilian personnel to serve process. In counties
with a population of less than 1,000,000, process may be
served, without special appointment, by a person who is
licensed or registered as a private detective under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004 or by a registered employee
of a private detective agency certified under that Act. A
private detective or licensed employee must supply the sheriff
of any county in which he serves process with a copy of his
license or certificate; however, the failure of a person to
supply the copy shall not in any way impair the validity of
process served by the person. The court may, in its discretion
upon motion, order service to be made by a private person over
18 years of age and not a party to the action. It is not
necessary that service be made by a sheriff or coroner of the
county in which service is made. If served or sought to be
served by a sheriff or coroner, he or she shall endorse his or
her return thereon, and if by a private person the return shall
be by affidavit.
    (a-5) Upon motion and in its discretion, the court may
appoint as a special process server a private detective agency
certified under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
the appointment, any employee of the private detective agency
who is registered under that Act may serve the process. The
motion and the order of appointment must contain the number of
the certificate issued to the private detective agency by the
Department of Professional Regulation under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004.
    (b) Summons may be served upon the defendants wherever they
may be found in the State, by any person authorized to serve
process. An officer may serve summons in his or her official
capacity outside his or her county, but fees for mileage
outside the county of the officer cannot be taxed as costs. The
person serving the process in a foreign county may make return
by mail.
    (c) If any sheriff, coroner, or other person to whom any
process is delivered, neglects or refuses to make return of the
same, the plaintiff may petition the court to enter a rule
requiring the sheriff, coroner, or other person, to make return
of the process on a day to be fixed by the court, or to show
cause on that day why that person should not be attached for
contempt of the court. The plaintiff shall then cause a written
notice of the rule to be served on the sheriff, coroner, or
other person. If good and sufficient cause be not shown to
excuse the officer or other person, the court shall adjudge him
or her guilty of a contempt, and shall impose punishment as in
other cases of contempt.
    (d) If process is served by a sheriff or coroner, the court
may tax the fee of the sheriff or coroner as costs in the
proceeding. If process is served by a private person or entity,
the court may establish a fee therefor and tax such fee as
costs in the proceedings.
    (e) In addition to the powers stated in Section 8.1a of the
Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for forcible entry and detainer
actions commenced by that housing authority and may execute
orders of possession for that housing authority.
    (f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under the
Forcible Entry and Detainer Article of this Code as a result of
a lessor or lessor's assignee declaring a lease void pursuant
to Section 11 of the Controlled Substance and Cannabis Nuisance
Act.
(Source: P.A. 93-438, eff. 8-5-03.)
 
    Section 55. The Uniform Disposition of Unclaimed Property
Act is amended by changing Section 20 as follows:
 
    (765 ILCS 1025/20)  (from Ch. 141, par. 120)
    Sec. 20. Determination of claims.
    (a) The State Treasurer shall consider any claim filed
under this Act and may, in his discretion, hold a hearing and
receive evidence concerning it. Such hearing shall be conducted
by the State Treasurer or by a hearing officer designated by
him. No hearings shall be held if the payment of the claim is
ordered by a court, if the claimant is under court
jurisdiction, or if the claim is paid under Article XXV of the
Probate Act of 1975. The State Treasurer or hearing officer
shall prepare a finding and a decision in writing on each
hearing, stating the substance of any evidence heard by him,
his findings of fact in respect thereto, and the reasons for
his decision. The State Treasurer shall review the findings and
decision of each hearing conducted by a hearing officer and
issue a final written decision. The final decision shall be a
public record. Any claim of an interest in property that is
filed pursuant to this Act shall be considered and a finding
and decision shall be issued by the Office of the State
Treasurer in a timely and expeditious manner.
    (b) If the claim is allowed, and after deducting an amount
not to exceed $20 to cover the cost of notice publication and
related clerical expenses, the State Treasurer shall make
payment forthwith.
    (c) In order to carry out the purpose of this Act, no
person or company shall be entitled to a fee for discovering
presumptively abandoned property until it has been in the
custody of the Unclaimed Property Division of the Office of the
State Treasurer for at least 24 months. Fees for discovering
property that has been in the custody of that division for more
than 24 months shall be limited to not more than 10% of the
amount collected.
    (d) A person or company attempting to collect a contingent
fee for discovering, on behalf of an owner, presumptively
abandoned property must be licensed as a private detective
pursuant to the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 1993.
    (e) This Section shall not apply to the fees of an attorney
at law duly appointed to practice in a state of the United
States who is employed by a claimant with regard to probate
matters on a contractual basis.
(Source: P.A. 93-531, eff. 8-14-03.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.