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91_SB0452enr SB452 Enrolled LRB9100558ACtmA 1 AN ACT to amend the Private Detective, Private Alarm, 2 Private Security, and Locksmith Act of 1993. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Private Detective, Private Alarm, Private 6 Security, and Locksmith Act of 1993 is amended by changing 7 Sections 5, 75, 77, 80, 150, and 155 as follows: 8 (225 ILCS 446/5) 9 Sec. 5. Definitions. In this Act: 10 "Armed employee" means a licensee or a person who is 11 currently employed by an agency certified under this Act who 12 is armed while engaged in the performance of official duties 13 within the course and scope of his or her employment or 14 exclusively employed by an employer during the hours or times 15 he or she is scheduled to work for that employer, or is 16 commuting between his or her home and place of employment, 17 provided the commuting is accomplished within one hour from 18 departure from home or place of employment, and there exists 19 an employer/employee relationship, whose full or part-time 20 duties include the wearing, carrying or possessing of a 21 firearm in the performance of those duties. 22 "Board" means the Illinois Private Detective, Private 23 Alarm, Private Security, and Locksmith Board. 24 "Department" means the Illinois Department of 25 Professional Regulation. 26 "Director" means the Director of the Department of 27 Professional Regulation. 28 "Person" means a natural person. 29 "Private alarm contractor" means any person who engages 30 in a business that sells, installs, monitors, maintains, 31 alters, repairs, replaces, services, or responds to alarm SB452 Enrolled -2- LRB9100558ACtmA 1 systems, including fire alarm systems, at protected premises 2 or at premises to be protected on an emergency basis and not 3 as a full-time security guard; but does not include a person, 4 firm, or corporation that manufactures or sells alarm systems 5 only from its place of business and does not sell, install, 6 monitor, maintain, alter, repair, replace, service, or 7 respond to alarm systems at protected premises or premises to 8 be protected or a licensed electrical contractor who repairs 9 or services fire alarm systems on an "emergency call-in 10 basis", or who sells, installs, maintains, alters, and 11 repairs, or services fire alarm systems. 12 "Private alarm contractor agency" means any person, firm, 13 association, or corporation that engages in the private alarm 14 contractor business and employs one or more persons in 15 conducting the business. 16 "Private detective" means any person who by any means, 17 including but not limited to manual or electronic methods, 18 engages in the business of, accepts employment to furnish, or 19 agrees to make or makes investigations for fees or other 20 valuable consideration to obtain information with reference 21 to: 22 (1) Crime or wrongs done or threatened against the 23 United States or any state or territory of the United 24 States. 25 (2) The identity, habits, conduct, business 26 occupation, honesty, integrity, credibility, knowledge, 27 trustworthiness, efficiency, loyalty, activity, 28 movements, whereabouts, affiliations, associations, 29 transactions, acts, reputation, or character of any 30 person, firm, association, or corporation, by any means, 31 manually or electronically. 32 (3) The location, disposition, or recovery of lost 33 or stolen property. 34 (4) The cause, origin, or responsibility for fires, SB452 Enrolled -3- LRB9100558ACtmA 1 accidents, or injuries to real or personal property. 2 (5) The truth or falsity of any statement or 3 representation. 4 (6) Securing evidence to be used before any court, 5 board, officer, or investigating committee. 6 (7) Personal protection of individuals from bodily 7 harm or death (bodyguard functions). 8 (8) Service of process in criminal and civil 9 proceedings without court order. 10 "Private detective agency" means any person, firm, 11 association, or corporation that engages in the private 12 detective business and employs one or more persons in 13 conducting the business. 14 "Private security contractor" means any person who 15 engages in the business of providing a private guard, 16 watchman, patrol service, or any like service by any other 17 title or name on a contractual basis for another person, 18 firm, association, or corporation for a fee or other valuable 19 consideration and performing one or more of the following 20 functions: 21 (1) The prevention or detection of intrusion, 22 entry, theft, vandalism, abuse, fire, or trespass on 23 private or governmental property. 24 (2) The prevention, observation, or detection of 25 any unauthorized activity on private or governmental 26 property. 27 (3) The protection of patrons and persons lawfully 28 authorized to be on the premises of the person, firm, 29 association, or corporation for whom he or she 30 contractually is obligated to provide security services. 31 (4) The prevention of the misappropriation or 32 concealment of goods, money, bonds, stocks, notes, 33 valuable documents, or papers. 34 (5) The control, regulation, or direction of the SB452 Enrolled -4- LRB9100558ACtmA 1 flow or movement of the public, whether by vehicle or 2 otherwise, only to the extent and for the time directly 3 and specifically required to assure the protection of 4 property on property owned or controlled by the client. 5 (6) The protection of individuals from bodily harm 6 or death (bodyguard functions). 7 "Private security contractor agency" means any person, 8 firm, association, or corporation that engages in the private 9 security contractor business and that employs one or more 10 persons in conducting the business. 11 "Locksmith" means a person who has received a license 12 under this Act and who engages in the practice of 13 locksmithing as defined in this Act. 14 "Locksmith agency" means any person, firm, association, 15 or corporation that engages in the locksmith business and 16 that employs one or more persons in conducting the business. 17 "The practice of locksmithing" includes, but is not 18 limited to, the servicing, installing, originating first 19 keys, re-coding, manipulation, or bypassing of mechanical or 20 electronic locking devices at premises, vehicles, safes, 21 vaults, safe deposit boxes, or automatic teller machines. 22 "Public member" means a person who is not a licensee or a 23 relative of a licensee, or who is not an employer or an 24 employee of a licensee. The term "relative" shall be 25 determined by rules of the Department. 26 "In charge" means the individual licensee whose name and 27 license number appear on a certificate of registration for a 28 detective, private security contractor, private alarm 29 contractor, or locksmith agency is a full-time executive 30 employee or owner who assumes full responsibility for all 31 employees of the agency and for their directed actions, and 32 assumes full responsibility for maintaining all records 33 required by this Act or rule of the Department and is 34 responsible for otherwise assuring compliance with this Act. SB452 Enrolled -5- LRB9100558ACtmA 1 Records shall be maintained at a location in Illinois and the 2 address of the location filed with the Department and 3 accessible to Department representatives in accordance with 4 Section 115 of this Act. This does not relieve any person, 5 firm, association, or corporation licensed as an agency under 6 this Act from also assuming full responsibility for 7 compliance with this Act. It is the responsibility of the 8 licensee in charge to notify the Department, in writing 9 within 10 days, when the licensee terminates his or her in 10 charge relationship with an agency. 11 "Permanent employee registration card" means a card 12 issued by the Department to an individual who has applied to 13 the Department and has been found to be employable by an 14 agency certified under this Act. 15 "Firearm authorization card" means a card issued by the 16 Department that authorizes the holder to carry a weapon 17 during the performance of his or her duties as specified 18 under Section 180 of this Act. 19 "Burglar alarm system" means any system, including an 20 electronic access system or other electronic security system, 21 that activates an audible, visible, or remote signal that 22 requires a response and is designed for the prevention or 23 detection of intrusion, entry, theft, vandalism, or trespass. 24 "Fire alarm system" means any system that is activated by 25 any automatic or manual device in the detection of smoke, 26 heat, or fire that activates an audible, visible, or remote 27 signal that requires response. 28 "Branch office" means any business location removed from 29 the place of business for which an agency license has been 30 issued. 31 "Armed proprietary security force" means any security 32 force made up of 5 or more armed individuals employed in a 33 commercial or industrial operation; one or more armed 34 individuals employed in a financial operation as security SB452 Enrolled -6- LRB9100558ACtmA 1 guards for the protection of persons; or one or more armed 2 individuals employed for the protection of private property 3 related to a commercial, industrial, or financial operation. 4 "Association" means 2 or more persons joined together for 5 a business purpose. 6 "Firm" means any unincorporated business entity or 7 enterprise, including but not limited to proprietorships and 8 partnerships. 9 "Corporation" means any artificial person or legal entity 10 created by or under the authority of the laws of a state. 11 (Source: P.A. 88-363; 89-366, eff. 1-1-96.) 12 (225 ILCS 446/75) 13 Sec. 75. Qualifications for licensure and agency 14 certification. 15 (a) Private Detective. A person is qualified to receive 16 a license as a private detective if he or she meets all of 17 the following requirements: 18 (1) Is at least 21 years of age. 19 (2) Has not been convicted in any jurisdiction of 20 any felony or at least 10 years have expired from the 21 time of discharge from any sentence imposed for a felony. 22 (3) Is of good moral character. Good character is 23 a continuing requirement of licensure. Conviction of 24 crimes not listed in paragraph (2) of subsection (a) of 25 this Section may be used in determining moral character, 26 but does not operate as an absolute bar to licensure. 27 (4) Has not been declared by any court of competent 28 jurisdiction to be incompetent by reason of mental or 29 physical defect or disease unless a court has since 30 declared him or her to be competent. 31 (5) Is not suffering from habitual drunkenness or 32 from narcotic addiction or dependence. 33 (6) Has a minimum of 3 years experience out of the SB452 Enrolled -7- LRB9100558ACtmA 1 5 years immediately preceding his or her application 2 working full-time for a licensed private detective agency 3 as a registered private detective employee or with 3 4 years experience out of the 5 years immediately preceding 5 his or her application employed as a full-time 6 investigator for a licensed attorney or in a law 7 enforcement agency of a federal or State political 8 subdivision, which shall include a State's Attorney's 9 office or a Public Defender's office, such full-time 10 investigator experience to be approved by the Board and 11 the Department.; orAn applicant who has obtained a 12 baccalaureate degree in police science or a related field 13 or a business degree from an accredited college or 14 university shall be given credit for 2 of the 3 years 15 experience required under this Section. An applicant who 16 has obtained an associate degree in police science or a 17 related field or in business from an accredited college 18 or university shall be given credit for one of the 3 19 years experience required under this Section. 20 (7) Has not been dishonorably discharged from the 21 armed services of the United States. 22 (8) Has successfully passed an examination 23 authorized by the Department. The examination shall 24 include subjects reasonably related to the activities 25 licensed so as to provide for the protection of the 26 health and safety of the public. 27 (9) Has not violated Section 15, 20, or 25 of this 28 Act, but this requirement does not operate as an absolute 29 bar to licensure. 30 It is the responsibility of the applicant to obtain 31 liability insurance in an amount and coverage type 32 appropriate as determined by rule for the applicant's 33 individual business circumstances. The applicant shall 34 provide evidence of insurance to the Department before being SB452 Enrolled -8- LRB9100558ACtmA 1 issued a license. This insurance requirement is a continuing 2 requirement for licensure. Failure to maintain insurance 3 shall result in cancellation of the license by the 4 Department. 5 (b) Private security contractor. A person is qualified 6 to receive a license as a private security contractor if he 7 or she meets all of the following requirements: 8 (1) Is at least 21 years of age. 9 (2) Has not been convicted in any jurisdiction of 10 any felony or at least 10 years have expired from the 11 time of discharge from any sentence imposed for a felony. 12 (3) Is of good moral character. Good moral 13 character is a continuing requirement of licensure. 14 Convictions of crimes not listed in paragraph (2) of 15 subsection (b) of this Section may be used in determining 16 moral character, but do not operate as an absolute bar to 17 licensure. 18 (4) Has not been declared by any court of competent 19 jurisdiction to be incompetent by reason of mental or 20 physical defect or disease unless a court has since 21 declared him or her to be competent. 22 (5) Is not suffering from habitual drunkenness or 23 from narcotic addiction or dependence. 24 (6) Has a minimum of 3 years experience out of the 25 5 years immediately preceding his or her application as a 26 full-time manager or administrator for a licensed private 27 security contractor agency or a manager or administrator 28 of a proprietary security force of 30 or more persons 29 registered with the Department, or with 3 years 30 experience out of the 5 years immediately preceding his 31 or her application as a full-time supervisor in a law 32 enforcement agency of a federal or State political 33 subdivision, which shall include a State's Attorney's 34 office or Public Defender's office, such full-time SB452 Enrolled -9- LRB9100558ACtmA 1 supervisory experience to be approved by the Board and 2 the Department.; orAn applicant who has obtained a 3 baccalaureate degree in police science or a related field 4 or a business degree from an accredited college or 5 university shall be given credit for 2 of the 3 years 6 experience required under this Section. An applicant who 7 has obtained an associate degree in police science or a 8 related field or in business from an accredited college 9 or university shall be given credit for one of the 3 10 years experience required under this Section. 11 (7) Has not been dishonorably discharged from the 12 armed services of the United States. 13 (8) Has successfully passed an examination 14 authorized by the Department. The examination shall 15 include subjects reasonably related to the activities 16 licensed so as to provide for the protection of the 17 health and safety of the public. 18 (9) Has not violated Section 15, 20, or 25 of this 19 Act, but this requirement does not operate as an absolute 20 bar to licensure. 21 It is the responsibility of the applicant to obtain 22 liability insurance in amount and coverage type appropriate 23 as determined by rule for the applicant's individual business 24 circumstances. The applicant shall provide evidence of 25 insurance to the Department before being issued a license. 26 This insurance requirement is a continuing requirement for 27 licensure. Failure to maintain insurance shall result in 28 cancellation of the license by the Department. 29 (c) Private alarm contractor. A person is qualified to 30 receive a license as a private alarm contractor if he or she 31 meets all of the following requirements: 32 (1) Is at least 21 years of age. 33 (2) Has not been convicted in any jurisdiction of 34 any felony or at least 10 years have expired from the SB452 Enrolled -10- LRB9100558ACtmA 1 time of discharge from any sentence imposed for a felony. 2 (3) Is of good moral character. Good moral 3 character is a continuing requirement of licensure. 4 Convictions of crimes not listed in paragraph (2) of 5 subsection (c) of this Section may be used in determining 6 moral character, but do not operate as an absolute bar to 7 licensure. 8 (4) Has not been declared by any court of competent 9 jurisdiction to be incompetent by reason of mental or 10 physical defect or disease unless a court has since 11 declared him or her to be competent. 12 (5) Is not suffering from habitual drunkenness or 13 from narcotic addiction or dependence. 14 (6) Has not been dishonorably discharged from the 15 armed services of the United States. 16 (7) Has a minimum of 3 years experience out of the 17 5 years immediately preceding application as a full time 18 manager or administrator for an agency licensed as a 19 private alarm contractor agency, or for an entity that 20 designs, sells, installs, services, or monitors alarm 21 systems which in the judgment of the Board satisfies 22 standards of alarm industry competence. An individual 23 who has received a 4 year degree in electrical 24 engineering or a related field from a program approved by 25 the Board shall be given credit for 2 years of experience 26 under this item (7). An individual who has successfully 27 completed a national certification program approved by 28 the Board shall be given credit for one year of 29 experience under this item (7). 30 (8) Has successfully passed an examination 31 authorized by the Department. The examination shall 32 include subjects reasonably related to the activities 33 licensed so as to provide for the protection of the 34 health and safety of the public. SB452 Enrolled -11- LRB9100558ACtmA 1 (9) Has not violated Section 15, 20, or 25 of this 2 Act, but this requirement does not operate as an absolute 3 bar to licensure. 4 It is the responsibility of the applicant to obtain 5 liability insurance in an amount and coverage type 6 appropriate as determined by rule for the applicant's 7 individual business circumstances. The applicant shall 8 provide evidence of insurance to the Department before being 9 issued a license. This insurance requirement is a continuing 10 requirement for licensure. Failure to maintain insurance 11 shall result in cancellation of the license by the 12 Department. 13 Alternatively, a person is qualified to receive a license 14 as a private alarm contractor without meeting the 15 requirements of items (7), (8), and (9) of this subsection, 16 if he or she: 17 (i) applies for a license between July 1, 2000 and 18 August 31, 2000September 1, 1998 and September 15, 1998, 19 in writing, on forms supplied by the Department; 20 (ii) provides proof to the Department that he or 21 she was engaged in the alarm contracting business on or 22 before January 1, 1984; 23 (iii) submits the photographs, fingerprints, proof 24 of insurance, and current license fee required by the 25 Department; and 26 (iv) has not violated Section 25 of this Act. 27 (d) Locksmith. A person is qualified to receive a 28 license as a locksmith if he or she meets all of the 29 following requirements: 30 (1) Is at least 18 years of age. 31 (2) Has not violated any provisions of Section 120 32 of this Act. 33 (3) Has not been convicted in any jurisdiction of 34 any felony or at least 10 years have expired from the SB452 Enrolled -12- LRB9100558ACtmA 1 time of discharge from any sentence imposed for a felony. 2 (4) Is of good moral character. Good moral 3 character is a continuing requirement of licensure. 4 Convictions of crimes not listed in paragraph (3) of 5 subsection (d) of this Section may be used in determining 6 moral character, but do not operate as an absolute bar to 7 licensure. 8 (5) Has not been declared by any court of competent 9 jurisdiction to be incompetent by reason of mental or 10 physical defect or disease unless a court has since 11 declared him or her to be competent. 12 (6) Is not suffering from habitual drunkenness or 13 from narcotic addiction or dependence. 14 (7) Has not been dishonorably discharged from the 15 armed services of the United States. 16 (8) Has passed an examination authorized by the 17 Department in the theory and practice of the profession. 18 (9) Has submitted to the Department proof of 19 insurance sufficient for the individual's business 20 circumstances. The Department, with input from the 21 Board, shall promulgate rules specifying minimum 22 insurance requirements. This insurance requirement is a 23 continuing requirement for licensure. Failure to 24 maintain insurance shall result in the cancellation of 25 the license by the Department. A locksmith employed by a 26 licensed locksmith agency or employed by a private 27 concern may provide proof that his or her actions as a 28 locksmith are covered by the insurance of his or her 29 employer. 30 (e) Private detective agency. Upon payment of the 31 required fee and proof that the applicant has a full-time 32 Illinois licensed private detective in charge, which is a 33 continuing requirement for agency certification, the 34 Department shall issue, without examination, a certificate as SB452 Enrolled -13- LRB9100558ACtmA 1 a private detective agency to any of the following: 2 (1) An individual who submits an application in 3 writing and who is a licensed private detective under 4 this Act. 5 (2) A firm or association that submits an 6 application in writing and all of the members of the firm 7 or association are licensed private detectives under this 8 Act. 9 (3) A duly incorporated or registered corporation 10 allowed to do business in Illinois that is authorized by 11 its articles of incorporation to engage in the business 12 of conducting a detective agency, provided at least one 13 officer or executive employee is licensed as a private 14 detective under this Act and all unlicensed officers and 15 directors of the corporation are determined by the 16 Department to be persons of good moral character. 17 No private detective may be the private detective in 18 charge for more than one agencyexcept for an individual who,19on the effective date of this Act, is currently and actively20a licensee for more than one agency. Upon written request by 21 a representative of an agency within 10 days after the loss 22 of a licensee in charge of an agency because of the death of 23 that individual or because of an unanticipated termination of 24 the employment of that individual, the Department shall issue 25 a temporary permit allowing the continuing operation of a 26 previously licensed agency. No temporary permit shall be 27 valid for more than 90 days. An extension of an additional 28 90 days may be granted by the Department for good cause shown 29 upon written request by the representative of the agency. No 30 more than 2 extensions may be granted to any agency. No 31 temporary permit shall be issued for the loss of the 32 detective in charge because of disciplinary action by the 33 Department. 34 (f) Private alarm contractor agency. Upon receipt of SB452 Enrolled -14- LRB9100558ACtmA 1 the required fee and proof that the applicant has a full-time 2 Illinois licensed private alarm contractor in charge, which 3 is a continuing requirement for agency certification, the 4 Department shall issue, without examination, a certificate as 5 a private alarm contractor agency to any of the following: 6 (1) An individual who submits an application in 7 writing and who is a licensed private alarm contractor 8 under this Act. 9 (2) A firm or association that submits an 10 application in writing that all of the members of the 11 firm or association are licensed private alarm 12 contractors under this Act. 13 (3) A duly incorporated or registered corporation 14 allowed to do business in Illinois that is authorized by 15 its articles of incorporation to engage in the business 16 of conducting a private alarm contractor agency, provided 17 at least one officer or executive employee is licensed as 18 a private alarm contractor under this Act and all 19 unlicensed officers and directors of the corporation are 20 determined by the Department to be persons of good moral 21 character. 22 No private alarm contractor may be the private alarm 23 contractor in charge for more than one agencyexcept for any24individual who, on the effective date of this Act, is25currently and actively a licensee for more than one agency. 26 Upon written request by a representative of an agency within 27 10 days after the loss of a licensed private alarm contractor 28 in charge of an agency because of the death of that 29 individual or because of the unanticipated termination of the 30 employment of that individual, the Department shall issue a 31 temporary permit allowing the continuing operation of a 32 previously licensed agency. No temporary permit shall be 33 valid for more than 90 days. An extension of an additional 34 90 days may be granted by the Department for good cause shown SB452 Enrolled -15- LRB9100558ACtmA 1 and upon written request by the representative of the agency. 2 No more than 2 extensions may be granted to any agency. No 3 temporary permit shall be issued for the loss of the licensee 4 in charge because of disciplinary action by the Department. 5 (g) Private security contractor agency. Upon receipt of 6 the required fee and proof that the applicant has a full-time 7 Illinois licensed private security contractor in charge, 8 which is continuing requirement for agency certification, the 9 Department shall issue, without examination, a certificate as 10 a private security contractor agency to any of the following: 11 (1) An individual who submits an application in 12 writing and who is a licensed private security contractor 13 under this Act. 14 (2) A firm or association that submits an 15 application in writing that all of the members are 16 licensed private security contractors under this Act. 17 (3) A duly incorporated or registered corporation 18 allowed to do business in Illinois that is authorized by 19 its articles of incorporation to engage in the business 20 of conducting a private security contractor agency, 21 provided at least one officer or executive employee is 22 licensed as a private security contractor under this Act 23 and all unlicensed officers and directors of the 24 corporation are determined by the Department to be 25 persons of good moral character. 26 No private security contractor may be the private 27 security contractor in charge for more than one agencyexcept28for any individual who, on the effective date of this Act, is29currently and actively a licensee for more than one agency. 30 Upon written request by a representative of the agency within 31 10 days after the loss of a licensee in charge of an agency 32 because of the death of that individual or because of the 33 unanticipated termination of the employment of that 34 individual, the Department shall issue a temporary permit SB452 Enrolled -16- LRB9100558ACtmA 1 allowing the continuing operation of a previously licensed 2 agency. No temporary permit shall be valid for more than 90 3 days. An extension of an additional 90 days may be granted 4 upon written request by the representative of the agency. No 5 more than 2 extensions may be granted to any agency. No 6 temporary permit shall be issued for the loss of the licensee 7 in charge because of disciplinary action by the Department. 8 (h) Licensed locksmith agency. Upon receipt of the 9 required fee and proof that the applicant is an Illinois 10 licensed locksmith who shall assume full responsibility for 11 the operation of the agency and the directed actions of the 12 agency's employees, which is a continuing requirement for 13 agency licensure, the Department shall issue, without 14 examination, a certificate as a Locksmith Agency to any of 15 the following: 16 (1) An individual who submits an application in 17 writing and who is a licensed locksmith under this Act. 18 (2) A firm or association that submits an 19 application in writing and certifies that all of the 20 members of the firm or association are licensed 21 locksmiths under this Act. 22 (3) A duly incorporated or registered corporation 23 or limited liability company allowed to do business in 24 Illinois that is authorized by its articles of 25 incorporation or organization to engage in the business 26 of conducting a locksmith agency, provided that at least 27 one officer or executive employee of a corporation or one 28 member of a limited liability company is licensed as a 29 locksmith under this Act, and provided that person agrees 30 in writing on a form acceptable to the Department to 31 assume full responsibility for the operation of the 32 agency and the directed actions of the agency's 33 employees, and further provided that all unlicensed 34 officers and directors of the corporation or members of SB452 Enrolled -17- LRB9100558ACtmA 1 the limited liability company are determined by the 2 Department to be persons of good moral character. 3 An individual licensed locksmith operating under a 4 business name other than the licensed locksmith's own name 5 shall not be required to obtain a locksmith agency license if 6 that licensed locksmith does not employ any persons to engage 7 in the practice of locksmithing. 8 An applicant for licensure as a locksmith agency shall 9 submit to the Department proof of insurance sufficient for 10 the agency's business circumstances. The Department shall 11 promulgate rules specifying minimum insurance requirements. 12 This insurance requirement is a continuing requirement for 13 licensure. 14 No licensed locksmith may be the licensed locksmith 15 responsible for the operation of more than one agency except 16 for any individual who submits proof to the Department that, 17 on the effective date of this amendatory Act of 1995, he or 18 she is actively responsible for the operations of more than 19 one agency. A licensed private alarm contractor who is 20 responsible for the operation of a licensed private alarm 21 contractor agency and who is a licensed locksmith may also be 22 the licensed locksmith responsible for the operation of a 23 locksmith agency. 24 Upon written request by a representative of an agency 25 within 10 days after the loss of a responsible licensed 26 locksmith of an agency, because of the death of that 27 individual or because of the unanticipated termination of the 28 employment of that individual, the Department shall issue a 29 temporary permit allowing the continuing operation of a 30 previously licensed locksmith agency. No temporary permit 31 shall be valid for more than 90 days. An extension for an 32 additional 90 days may be granted by the Department for good 33 cause shown and upon written request by a representative of 34 the agency. No more than 2 extensions may be granted to any SB452 Enrolled -18- LRB9100558ACtmA 1 agency. No temporary permit shall be issued to any agency 2 due to the loss of the responsible locksmith because of 3 disciplinary action by the Department. 4 (i) Proprietary Security Force. All commercial or 5 industrial operations that employ 5 or more persons as armed 6 security guards and all financial institutions that employ 7 armed security guards shall register their security forces 8 with the Department on forms provided by the Department. 9 All armed security guard employees of the registered 10 proprietary security force shall be required to complete a 11 20-hour basic training course and 20-hour firearm training 12 course in accordance with administrative rules. 13 Each proprietary security force shall be required to 14 apply to the Department, on forms supplied by the Department, 15 for the issuance of a firearm authorization card, in 16 accordance with administrative rules, for each armed employee 17 of the security force. 18 The Department shall prescribe rules for the 19 administration of this Section. 20 (j) Any licensed agency that operates a branch office as 21 defined in this Act shall apply for a branch office license. 22 (Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98; 23 90-602, eff. 6-26-98; 91-357, eff. 7-29-99.) 24 (225 ILCS 446/77) 25 Sec. 77. Necessity for licensure of locksmith agencies; 26 grandfather provision. 27 (a) On or after January 1, 1997, no person shall 28 practice as a locksmith and no business entity shall operate 29 as a locksmith agency without first applying for and 30 obtaining a license for that purpose from the Department. 31 (b) Applications must be accompanied by the required 32 fee. 33 (c) In lieu of the examination given to other applicants SB452 Enrolled -19- LRB9100558ACtmA 1 for licensure, the Director may issue a license to an 2 individual who presents proof to the Director that he or she 3 was actively engaged as a locksmith or as a supervisor, 4 manager, or administrator of a locksmith business for 3 years 5 out of the 5 years immediately preceding January 1, 1996 and 6 meets all other requirements of this Act. 7 (d) The application for a license without examination 8 shall be made to the Director within 2 years after the 9 effective date of this amendatory Act of 1995. 10 (e) A person who applies for licensure under this 11 Section between September 1, 2000September 1, 1998and 12 December 31, 2000September 30, 1998shall be exempt from 13 subsection (d) of this Section and shall be issued a license 14 upon proof of meeting all other requirements for licensure 15 under this Section. 16 (Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.) 17 (225 ILCS 446/80) 18 Sec. 80. Employee requirements. All employees of a 19 licensed agency, other than those exempted, shall apply for a 20 Permanent Employee Registration Card. The holder of an 21 agency certificate issued under this Act, known in this Act 22 as "employer", may employ in the conduct of his or her 23 business employees under the following provisions: 24 (a) No person shall be issued a permanent employee 25 registration card who: 26 (1) Is under 18 years of age. 27 (2) Is under 21 years of age if the services will 28 include being armed. 29 (3) Has been determined by the Department to be 30 unfit by reason of conviction of an offense in this or 31 another state, other than a minor traffic offense. The 32 Department shall promulgate rules for procedures by which 33 those circumstances shall be determined and that afford SB452 Enrolled -20- LRB9100558ACtmA 1 the applicant due process of law. 2 (4) Has had a license or permanent employee 3 registration card refused, denied, suspended, or revoked 4 under this Act. 5 (5) Has been declared incompetent by any court of 6 competent jurisdiction by reason of mental disease or 7 defect and has not been restored. 8 (6) Has been dishonorably discharged from the armed 9 services of the United States. 10 (b) No person may be employed by a private detective 11 agency, private security contractor agency, or private alarm 12 contractor agency, or locksmith agency under this Section 13 until he or she has executed and furnished to the employer, 14 on forms furnished by the Department, a verified statement to 15 be known as "Employee's Statement" setting forth: 16 (1) The person's full name, age, and residence 17 address. 18 (2) The business or occupation engaged in for the 5 19 years immediately before the date of the execution of the 20 statement, the place where the business or occupation was 21 engaged in, and the names of employers, if any. 22 (3) That the person has not had a license or 23 employee registration refused, revoked, or suspended 24 under this Act. 25 (4) Any conviction of a felony or misdemeanor. 26 (5) Any declaration of incompetency by a court of 27 competent jurisdiction that has not been restored. 28 (6) Any dishonorable discharge from the armed 29 services of the United States. 30 (7) Any other information as may be required by any 31 rule of the Department to show the good character, 32 competency, and integrity of the person executing the 33 statement. 34 (c) Each applicant for a permanent employee SB452 Enrolled -21- LRB9100558ACtmA 1 registration card shall submit to the Department with the 2 applicable fees, on fingerprint cards furnished by the 3 Department, 2 complete sets of fingerprints that are verified 4 to be those of the applicant. If an applicant's fingerprint 5 cards are returned to the Department as unclassifiable by the 6 screening agency, the applicant has 90 days after 7 notification is sent by the Department to submit additional 8 fingerprint cards taken by a different technician to replace 9 the unclassifiable fingerprint cards. 10 The Department shall notify the submitting licensed 11 agency within 10 days if the applicant's fingerprint cards 12 are returned to the Department as unclassifiable. However, 13 instead of submitting fingerprint cards, an individual may 14 submit proof that is satisfactory to the Department that an 15 equivalent security clearance has been conducted. Also, a 16 full-time peace officer or an individual who has retired as a 17 peace officer within 12 months of application may submit 18 verification, on forms provided by the Department and signed 19 by one's employer, of his or her full-time employment as a 20 peace officer. "Peace officer" means any person who by 21 virtue of his or her office or public employment is vested by 22 law with a duty to maintain public order or to make arrests 23 for offenses, whether that duty extends to all offenses or is 24 limited to specific offenses; officers, agents, or employees 25 of the federal government commissioned by federal statute to 26 make arrests for violations of federal criminal laws are 27 considered peace officers. 28 (d) Upon receipt of the verified fingerprint cards, the 29 Department shall cause the fingerprints to be compared with 30 fingerprints of criminals now or hereafter filed with the 31 Illinois Department of State Police. The Department may also 32 cause the fingerprints to be checked against the fingerprints 33 of criminals now or hereafter filed in the records of other 34 official fingerprint files within or without this State. The SB452 Enrolled -22- LRB9100558ACtmA 1 Department shall issue a permanent employee registration 2 card, in a form the Department prescribes, to all qualified 3 applicants. The Department shall notify the submitting 4 licensed agency within 10 days upon the issuance of or intent 5 to deny the permanent employee registration card. The holder 6 of a permanent employee registration card shall carry the 7 card at all times while actually engaged in the performance 8 of the duties of his or her employment. Expiration and 9 requirements for renewal of permanent employee registration 10 cards shall be established by rule of the Department. 11 Possession of a permanent employee registration card does not 12 in any way imply that the holder of the card is employed by 13 an agency unless the permanent employee registration card is 14 accompanied by the employee identification card required by 15 subsection (g) of this Section. 16 (e) Within 5 days of the receipt of the application 17 materials, the Department shall institute an investigation 18 for a criminal record by checking the applicant's name with 19 immediately available criminal history information systems. 20 (f) Each employer shall maintain a record of each 21 employee that is accessible to the duly authorized 22 representatives of the Department. The record shall contain 23 the following information: 24 (1) A photograph taken within 10 days of the date 25 that the employee begins employment with the employer. 26 The photograph shall be replaced with a current 27 photograph every 3 calendar years. 28 (2) The employee's statement specified in 29 subsection (b) of this Section. 30 (3) All correspondence or documents relating to the 31 character and integrity of the employee received by the 32 employer from any official source or law enforcement 33 agency. 34 (4) In the case of former employees, the employee SB452 Enrolled -23- LRB9100558ACtmA 1 identification card of that person issued under 2 subsection (g) of this Section. 3(5)Each employee record shall duly note if the employee 4 is employed in an armed capacity. Armed employee files shall 5 contain a copy of an active Firearm Owners Identification 6 Card and a copy of an active Firearm Authorization Card. 7(6)Each employer shall maintain a record for each armed 8 employee of each instance in which the employee's weapon was 9 discharged during the course of his or her professional 10 duties or activities. The record shall be maintained on 11 forms provided by the Department, a copy of which must be 12 filed with the Department within 15 days of an instance. The 13 record shall include the date and time of the occurrence, the 14 circumstances involved in the occurrence, and any other 15 information as the Department may require. Failure to 16 provide this information to the Department or failure to 17 maintain the record as a part of each armed employee's 18 permanent file is grounds for disciplinary action. The 19 Department, upon receipt of a report, shall have the 20 authority to make any investigation it considers appropriate 21 into any occurrence in which an employee's weapon was 22 discharged and to take disciplinary action as may be 23 appropriate. 24(7)The Department may, by rule, prescribe further record 25 requirements. 26 (g) Every employer shall furnish an employee 27 identification card to each of his or her employees. This 28 employee identification card shall contain a recent 29 photograph of the employee, the employee's name, the name and 30 agency certification number of the employer, the employee's 31 personal description, the signature of the employer, the 32 signature of that employee, the date of issuance, and an 33 employee identification card number. 34 (h) No employer may issue an employee identification SB452 Enrolled -24- LRB9100558ACtmA 1 card to any person who is not employed by the employer in 2 accordance with this Section or falsely state or represent 3 that a person is or has been in his or her employ. It is 4 unlawful for an applicant for registered employment to file 5 with the Department the fingerprints of a person other than 6 himself or herself, or to fail to exercise due diligence in 7 resubmitting replacement fingerprints for those employees who 8 have had original fingerprint submissions returned as 9 unclassifiable. 10 (i) Every employer shall obtain the identification card 11 of every employee who terminates employment with him or her. 12 (j) Every employer shall maintain a separate roster of 13 the names of all employees currently working in an armed 14 capacity and submit the roster to the Department on request. 15 (k) No agency may employ any person under this Act 16 unless: 17 (1) The person possesses a valid permanent employee 18 registration card or the person has a valid license under 19 this Act; or 20 (2) The agency: 21 (i) on behalf of each person completes in its 22 entirety and submits to the Department an 23 application for a permanent employee registration 24 card, including the required fingerprint card and 25 fees; 26 (ii) exercises due diligence to ensure that 27 the person is qualified under the requirements of 28 the Act to be issued a permanent employee 29 registration card; and 30 (iii) maintains a separate roster of the names 31 of all employees whose applications are currently 32 pending with the Department and submits the roster 33 to the Department on a monthly basis. Rosters are 34 to be maintained by the agency for a period of at SB452 Enrolled -25- LRB9100558ACtmA 1 least 24 months. 2 (l) Failure by an agency to submit the application, 3 fees, and fingerprints specified in this Section before 4 scheduling the person for work shall result in a fine, in an 5 amount up to $1,000, or other disciplinary action being 6 imposed against the agency. Failure to maintain and submit 7 the specified rosters is grounds for discipline under this 8 Act. 9 (m) No person may be employed under this Section in any 10 capacity if: 11 (i) The person while so employed is being paid by 12 the United States or any political subdivision for the 13 time so employed in addition to any payments he or she 14 may receive from the employer. 15 (ii) The person wears any portion of his or her 16 official uniform, emblem of authority, or equipment while 17 so employed except as provided in Section 30. 18 (n) If information is discovered affecting the 19 registration of a person whose fingerprints were submitted 20 under this Section, the Department shall so notify the agency 21 that submitted the fingerprints on behalf of that person. 22 (Source: P.A. 91-357, eff. 7-29-99.) 23 (225 ILCS 446/150) 24 Sec. 150. Cease and desist orders. Whenever the 25 Department has reason to believe that a person, firm, 26 association, or corporation has violated any provision of 27 Section 15 of this Act, the Department may issue a rule to 28 show cause why an order to cease and desist should not be 29 entered against that person, firm, association, or 30 corporation. The rule shall clearly set forth the grounds 31 relied upon by the Department and shall provide a period of 7 32 days from the date of the rule to file an answer to the 33 satisfaction of the Department. Failure to answer to the SB452 Enrolled -26- LRB9100558ACtmA 1 satisfaction of the Department shall cause an order to cease 2 and desist to be issued immediately.The Department may3conduct hearings and issue cease and desist orders to persons4who engage in activities prohibited by this Act. Any person5in violation of a cease and desist order entered by the6Department is subject to all of the remedies provided by law7and, in addition, is subject to a civil penalty payable to8the party injured by the violation.9 (Source: P.A. 88-363.) 10 (225 ILCS 446/155) 11 Sec. 155. Penalties. 12 (a) In addition to any other penalty provided by law, 13 any person, firm, association, or corporation who violates 14 Section 15 of this Act or any other provision of this Act 15 shall forfeit and pay a civil penalty to the Department in an 16 amount not to exceed $5,000 for each offense as determined by 17 the Department. The civil penalty shall be assessed by the 18 Department in accordance with the provisions set forth in 19 Sections 130, 135, 140, 160 and 170. 20 (b) The Department has the authority and power to 21 investigate any and all unlicensed activity. 22 (c) The civil penalty shall be paid within 60 days after 23 the effective date of the order imposing the civil penalty. 24 The order shall constitute a judgment and may be filed and 25 execution had thereon in the same manner as any judgment from 26 any court of record. 27 (Source: P.A. 88-363.) 28 Section 99. Effective date. This Act takes effect upon 29 becoming law.