SB2462 100TH GENERAL ASSEMBLY

LRB100 16210 SMS 31333 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2462

Introduced 1/30/2018, by Sen. Antonio Muņoz

SYNOPSIS AS INTRODUCED:

225 ILCS 447/10-27

Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Provides continuing education requirements for a private detective and a registered private detective employee in order to renew a license. Lists individuals who are exempt from the continuing education requirements. Provides criteria for continuing education courses, sponsors, and programs. Provides that the Department of Financial and Professional Regulation may adopt rules to implement the provisions (rather than adopt rules for continuing education). Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 is amended by changing Section 10-27 as follows:

(225 ILCS 447/10-27)

(Section scheduled to be repealed on January 1, 2024)

Sec. 10-27. Continuing education.

(a) Continuing education hour requirements.

(1) A private detective is required to complete 12 continuing education hours for each year of the pre-renewal period in courses approved by the Board. A registered private detective employee is required to complete 9 continuing education hours for each year of the pre-renewal period in courses approved by the Board. The pre-renewal period is the 36-month period preceding the renewal. For the 2020 renewal only, 30 hours of continuing education are required for private detectives and 24 hours are required for registered private detective employees.

(2) The continuing education requirement does not apply to a private detective or registered private detective employee whose license is inactive (or nonexistent) for any year or any calendar period in which either license was active for 180 days or less. A private detective or registered private detective employee whose license is active, or active more than 180 days, is required to fulfill his or her full continuing education requirement for those years.

(3) Continuing education is required for a private detective or registered private detective employee who maintains an active license more than 180 days in any pre-renewal period, except a private detective or registered private detective employee who, during the pre-renewal period:

(A) serves in the armed services of the United States;

(B) serves as an elected State or federal official;

(C) serves as a full-time employee of the Department; or

(D) is admitted to practice law pursuant to Illinois Supreme Court rule.

(4) The Department shall conduct random audits to verify compliance with this Section.

(b) Approved continuing education.

(1) Continuing education credit may be earned for verified attendance at, or participation in, an approved course or program. Both the course and the instructor must be approved by the Board.

(2) Continuing education credit may also be earned for all related course work offered by an accredited 2-year or 4-year college or university, the Illinois Association of Professional Process Servers, the National Association of Professional Process Servers, or the Associated Detectives and Security Agencies of Illinois.

(3) For all course work completed at a college or university, 5 continuing education hours of credit shall be granted for each semester hour completed.

(4) Continuing education credit for teaching an approved continuing education course may be earned but only once per course during a pre-renewal period. One hour of teaching is equal to 3 hours of continuing education credit.

(5) Out-of-state continuing education programs accredited by any other state are acceptable. If it is not accredited in any state, the program must be approved by the Board based upon whether it meets the basic requirements for continuing education credit under this Act.

(6) No more than 6 hours of continuing education credit may be earned in one calendar day.

(7) Continuing education credit shall be given for whole hours only, with a minimum of 50 minutes constituting one hour.

(8) A maximum of 3 continuing education credits per year, limited to 9 continuing education credits per pre-renewal period, may be earned for attendance at a membership meeting of an Illinois nonprofit professional investigative or investigative-related organization or association whose members are regulated by this Act if the private detective or registered private detective employee is a member in good standing of the organization or association.

(9) A course or program must contain materials that contribute to the advancement, extension, and enhancement of professional skills and knowledge.

(10) Recognizing the diverse professional practices of persons licensed under this Act, it is the intent of this Section to allow for a broad interpretation of the course work, seminar subjects, or class topics to be considered reasonably related to the practice of any profession licensed under this Act.

(c) Continuing education sponsors and programs.

(1) The following are approved continuing education sponsors:

(A) an accredited 2-year or 4-year college or university;

(B) a unit of State, county, or local government;

(C) the Illinois Association of Professional Process Servers, the National Association of Professional Process Servers, and the Associated Detectives and Security Agencies of Illinois for the purposes of paragraph (2) of subsection (b); and

(D) a person, firm, or association approved and authorized by the Department to coordinate and present continuing education courses and programs in conjunction with this Section.

(2) A continuing education sponsor application shall be filed with the Department to obtain approval. The application shall include:

(A) a copy of the certificate of attendance the sponsor will use, which shall contain the following information:

(i) the continuing education sponsor name and address;

(ii) the name and license number of the participant; and

(iii) the number of hours awarded;

(B) the name and contact information of the individual or firm that proposes to offer the continuing education;

(C) a curriculum vitae of each program instructor;

(D) a course outline of the specific topics to be taught; and

(E) the required fee as set by the Department.

(d) Certification of compliance with continuing education requirements.

(1) At renewal, a private detective or registered private detective employee shall designate, on the renewal form for the license under which he or she practices, that his or her primary profession is private detective or registered private detective employee.

(A) A private detective or registered private detective employee is required to obtain continuing education only for his or her designated primary profession. Falsifying the primary designation on the renewal form shall be considered unprofessional conduct.

(B) A private detective or registered private detective employee is required to take two-thirds of his or her continuing education hours in the profession that he or she has designated as his or her primary profession. The remaining hours shall be considered elective hours and may be taken in any discipline licensed under this Act.

(C) A private detective or registered private detective employee is required to maintain a continuing education log for the 2 preceding pre-renewal periods and shall retain proof of attendance for all continuing education classes during those periods.

(D) A licensee-in-charge of a private detective agency shall maintain a list of registered private detective employees by year and shall furnish that list to the Department electronically when requested in a format to be determined by the Department.

(E) A private detective who restores or reinstates his or her license must provide documentation of 15 hours of continuing education before the issuance of his or her license.

(2) If, during an audit conducted under paragraph (4) of subsection (a) or a compliance review, the Department determines that a private detective or registered private detective employee may be deficient in complying with continuing education requirements, the Department shall notify the private detective or registered private detective employee by email of the possible deficiency. The private detective or registered private detective employee shall have 60 days from the date the deficiency notification is sent to submit to the Department documentation of compliance with continuing education requirements.

(A) If satisfactory documentation of compliance with continuing education requirements is submitted, the Department shall notify the private detective or registered private detective employee by email that he or she is in compliance.

(B) If the private detective or registered private detective employee certified compliance with continuing education requirements on his or her most recent renewal application but does submit documentation of having been in compliance on the certification date, the private detective or registered private detective employee may, during the 60-day notice period, submit documentation of compliance with continuing education requirements after the date the certification was made. The documentation of post-certification course completion must be accompanied by a fee of $25 per continuing education hour completed after the date the private detective or registered private detective employee originally certified compliance. The documentation shall not be considered if the required fee is not submitted. If the documentation is satisfactory, the Department shall notify the private detective or registered private detective employee that the continuing education hours submitted for post-certification course completion and found satisfactory may not be used as credit for the next renewal requirements.

(C) If the private detective or registered private detective employee fails to submit satisfactory documentation of compliance with continuing education requirements within the 60-day notice period, the failure shall be evidence of a violation of paragraph (1) of subsection (a) of Section 40-10 regarding fraud or misrepresentation in obtaining or renewing a license or registration. The Department shall notify the private detective or registered private detective employee, as required by Section 45-10, indicating the commencement of disciplinary proceedings.

(e) Rules. The Department may adopt rules to implement this Section 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.

(Source: P.A. 95-613, eff. 9-11-07.)

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