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91_SB1560
LRB9112761ACmg
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 Section 75 as follows:
8 (225 ILCS 446/75)
9 Sec. 75. Qualifications for licensure and agency
10 certification.
11 (a) Private Detective. A person is qualified to receive
12 a license as a private detective if he or she meets all of
13 the following requirements:
14 (1) Is at least 21 years of age.
15 (2) Has not been convicted in any jurisdiction of
16 any felony or at least 10 years have expired from the
17 time of discharge from any sentence imposed for a felony.
18 (3) Is of good moral character. Good character is
19 a continuing requirement of licensure. Conviction of
20 crimes not listed in paragraph (2) of subsection (a) of
21 this Section may be used in determining moral character,
22 but does not operate as an absolute bar to licensure.
23 (4) Has not been declared by any court of competent
24 jurisdiction to be incompetent by reason of mental or
25 physical defect or disease unless a court has since
26 declared him or her to be competent.
27 (5) Is not suffering from habitual drunkenness or
28 from narcotic addiction or dependence.
29 (6) Has a minimum of 3 years experience out of the
30 5 years immediately preceding his or her application
31 working full-time for a licensed private detective agency
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1 as a registered private detective employee or with 3
2 years experience out of the 5 years immediately preceding
3 his or her application employed as a full-time
4 investigator in a law enforcement agency of a federal or
5 State political subdivision, approved by the Board and
6 the Department.; or An applicant who has obtained a
7 baccalaureate degree in police science or a related field
8 or a business degree from an accredited college or
9 university shall be given credit for 2 of the 3 years
10 experience required under this Section. An applicant who
11 has obtained an associate degree in police science or a
12 related field or in business from an accredited college
13 or university shall be given credit for one of the 3
14 years experience required under this Section.
15 In lieu of the 3 years experience required in this
16 item (6), an applicant may have a minimum of 10 years
17 experience as a municipal police officer or sheriff's
18 deputy.
19 (7) Has not been dishonorably discharged from the
20 armed services of the United States.
21 (8) Has successfully passed an examination
22 authorized by the Department. The examination shall
23 include subjects reasonably related to the activities
24 licensed so as to provide for the protection of the
25 health and safety of the public.
26 (9) Has not violated Section 15, 20, or 25 of this
27 Act, but this requirement does not operate as an absolute
28 bar to licensure.
29 It is the responsibility of the applicant to obtain
30 liability insurance in an amount and coverage type
31 appropriate as determined by rule for the applicant's
32 individual business circumstances. The applicant shall
33 provide evidence of insurance to the Department before being
34 issued a license. This insurance requirement is a continuing
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1 requirement for licensure. Failure to maintain insurance
2 shall result in cancellation of the license by the
3 Department.
4 (b) Private security contractor. A person is qualified
5 to receive a license as a private security contractor if he
6 or she meets all of the following requirements:
7 (1) Is at least 21 years of age.
8 (2) Has not been convicted in any jurisdiction of
9 any felony or at least 10 years have expired from the
10 time of discharge from any sentence imposed for a felony.
11 (3) Is of good moral character. Good moral
12 character is a continuing requirement of licensure.
13 Convictions of crimes not listed in paragraph (2) of
14 subsection (b) of this Section may be used in determining
15 moral character, but do not operate as an absolute bar to
16 licensure.
17 (4) Has not been declared by any court of competent
18 jurisdiction to be incompetent by reason of mental or
19 physical defect or disease unless a court has since
20 declared him or her to be competent.
21 (5) Is not suffering from habitual drunkenness or
22 from narcotic addiction or dependence.
23 (6) Has a minimum of 3 years experience out of the
24 5 years immediately preceding his or her application as a
25 full-time manager or administrator for a licensed private
26 security contractor agency or a manager or administrator
27 of a proprietary security force of 30 or more persons
28 registered with the Department, or with 3 years
29 experience out of the 5 years immediately preceding his
30 or her application as a full-time supervisor in a law
31 enforcement agency of a federal or State political
32 subdivision, approved by the Board and the Department; or
33 an applicant who has obtained a baccalaureate degree in
34 police science or a related field or a business degree
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1 from an accredited college or university shall be given
2 credit for 2 of the 3 years experience required under
3 this Section. An applicant who has obtained an associate
4 degree in police science or a related field or in
5 business from an accredited college or university shall
6 be given credit for one of the 3 years experience
7 required under this Section.
8 (7) Has not been dishonorably discharged from the
9 armed services of the United States.
10 (8) Has successfully passed an examination
11 authorized by the Department. The examination shall
12 include subjects reasonably related to the activities
13 licensed so as to provide for the protection of the
14 health and safety of the public.
15 (9) Has not violated Section 15, 20, or 25 of this
16 Act, but this requirement does not operate as an absolute
17 bar to licensure.
18 It is the responsibility of the applicant to obtain
19 liability insurance in amount and coverage type appropriate
20 as determined by rule for the applicant's individual business
21 circumstances. The applicant shall provide evidence of
22 insurance to the Department before being issued a license.
23 This insurance requirement is a continuing requirement for
24 licensure. Failure to maintain insurance shall result in
25 cancellation of the license by the Department.
26 (c) Private alarm contractor. A person is qualified to
27 receive a license as a private alarm contractor if he or she
28 meets all of the following requirements:
29 (1) Is at least 21 years of age.
30 (2) Has not been convicted in any jurisdiction of
31 any felony or at least 10 years have expired from the
32 time of discharge from any sentence imposed for a felony.
33 (3) Is of good moral character. Good moral
34 character is a continuing requirement of licensure.
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1 Convictions of crimes not listed in paragraph (2) of
2 subsection (c) of this Section may be used in determining
3 moral character, but do not operate as an absolute bar to
4 licensure.
5 (4) Has not been declared by any court of competent
6 jurisdiction to be incompetent by reason of mental or
7 physical defect or disease unless a court has since
8 declared him or her to be competent.
9 (5) Is not suffering from habitual drunkenness or
10 from narcotic addiction or dependence.
11 (6) Has not been dishonorably discharged from the
12 armed services of the United States.
13 (7) Has a minimum of 3 years experience out of the
14 5 years immediately preceding application as a full time
15 manager or administrator for an agency licensed as a
16 private alarm contractor agency, or for an entity that
17 designs, sells, installs, services, or monitors alarm
18 systems which in the judgment of the Board satisfies
19 standards of alarm industry competence. An individual
20 who has received a 4 year degree in electrical
21 engineering or a related field from a program approved by
22 the Board shall be given credit for 2 years of experience
23 under this item (7). An individual who has successfully
24 completed a national certification program approved by
25 the Board shall be given credit for one year of
26 experience under this item (7).
27 (8) Has successfully passed an examination
28 authorized by the Department. The examination shall
29 include subjects reasonably related to the activities
30 licensed so as to provide for the protection of the
31 health and safety of the public.
32 (9) Has not violated Section 15, 20, or 25 of this
33 Act, but this requirement does not operate as an absolute
34 bar to licensure.
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1 It is the responsibility of the applicant to obtain
2 liability insurance in an amount and coverage type
3 appropriate as determined by rule for the applicant's
4 individual business circumstances. The applicant shall
5 provide evidence of insurance to the Department before being
6 issued a license. This insurance requirement is a continuing
7 requirement for licensure. Failure to maintain insurance
8 shall result in cancellation of the license by the
9 Department.
10 Alternatively, a person is qualified to receive a license
11 as a private alarm contractor without meeting the
12 requirements of items (7), (8), and (9) of this subsection,
13 if he or she:
14 (i) applies for a license between September 1, 1998
15 and September 15, 1998, in writing, on forms supplied by
16 the Department;
17 (ii) provides proof to the Department that he or
18 she was engaged in the alarm contracting business on or
19 before January 1, 1984;
20 (iii) submits the photographs, fingerprints, proof
21 of insurance, and current license fee required by the
22 Department; and
23 (iv) has not violated Section 25 of this Act.
24 (d) Locksmith. A person is qualified to receive a
25 license as a locksmith if he or she meets all of the
26 following requirements:
27 (1) Is at least 18 years of age.
28 (2) Has not violated any provisions of Section 120
29 of this Act.
30 (3) Has not been convicted in any jurisdiction of
31 any felony or at least 10 years have expired from the
32 time of discharge from any sentence imposed for a felony.
33 (4) Is of good moral character. Good moral
34 character is a continuing requirement of licensure.
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1 Convictions of crimes not listed in paragraph (3) of
2 subsection (d) of this Section may be used in determining
3 moral character, but do not operate as an absolute bar to
4 licensure.
5 (5) Has not been declared by any court of competent
6 jurisdiction to be incompetent by reason of mental or
7 physical defect or disease unless a court has since
8 declared him or her to be competent.
9 (6) Is not suffering from habitual drunkenness or
10 from narcotic addiction or dependence.
11 (7) Has not been dishonorably discharged from the
12 armed services of the United States.
13 (8) Has passed an examination authorized by the
14 Department in the theory and practice of the profession.
15 (9) Has submitted to the Department proof of
16 insurance sufficient for the individual's business
17 circumstances. The Department, with input from the
18 Board, shall promulgate rules specifying minimum
19 insurance requirements. This insurance requirement is a
20 continuing requirement for licensure. Failure to
21 maintain insurance shall result in the cancellation of
22 the license by the Department. A locksmith employed by a
23 licensed locksmith agency or employed by a private
24 concern may provide proof that his or her actions as a
25 locksmith are covered by the insurance of his or her
26 employer.
27 (e) Private detective agency. Upon payment of the
28 required fee and proof that the applicant has a full-time
29 Illinois licensed private detective in charge, which is a
30 continuing requirement for agency certification, the
31 Department shall issue, without examination, a certificate as
32 a private detective agency to any of the following:
33 (1) An individual who submits an application in
34 writing and who is a licensed private detective under
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1 this Act.
2 (2) A firm or association that submits an
3 application in writing and all of the members of the firm
4 or association are licensed private detectives under this
5 Act.
6 (3) A duly incorporated or registered corporation
7 allowed to do business in Illinois that is authorized by
8 its articles of incorporation to engage in the business
9 of conducting a detective agency, provided at least one
10 officer or executive employee is licensed as a private
11 detective under this Act and all unlicensed officers and
12 directors of the corporation are determined by the
13 Department to be persons of good moral character.
14 No private detective may be the private detective in
15 charge for more than one agency except for an individual who,
16 on the effective date of this Act, is currently and actively
17 a licensee for more than one agency. Upon written request by
18 a representative of an agency within 10 days after the loss
19 of a licensee in charge of an agency because of the death of
20 that individual or because of an unanticipated termination of
21 the employment of that individual, the Department shall issue
22 a temporary permit allowing the continuing operation of a
23 previously licensed agency. No temporary permit shall be
24 valid for more than 90 days. An extension of an additional
25 90 days may be granted by the Department for good cause shown
26 upon written request by the representative of the agency. No
27 more than 2 extensions may be granted to any agency. No
28 temporary permit shall be issued for the loss of the
29 detective in charge because of disciplinary action by the
30 Department.
31 (f) Private alarm contractor agency. Upon receipt of
32 the required fee and proof that the applicant has a full-time
33 Illinois licensed private alarm contractor in charge, which
34 is a continuing requirement for agency certification, the
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1 Department shall issue, without examination, a certificate as
2 a private alarm contractor agency to any of the following:
3 (1) An individual who submits an application in
4 writing and who is a licensed private alarm contractor
5 under this Act.
6 (2) A firm or association that submits an
7 application in writing that all of the members of the
8 firm or association are licensed private alarm
9 contractors under this Act.
10 (3) A duly incorporated or registered corporation
11 allowed to do business in Illinois that is authorized by
12 its articles of incorporation to engage in the business
13 of conducting a private alarm contractor agency, provided
14 at least one officer or executive employee is licensed as
15 a private alarm contractor under this Act and all
16 unlicensed officers and directors of the corporation are
17 determined by the Department to be persons of good moral
18 character.
19 No private alarm contractor may be the private alarm
20 contractor in charge for more than one agency except for any
21 individual who, on the effective date of this Act, is
22 currently and actively a licensee for more than one agency.
23 Upon written request by a representative of an agency within
24 10 days after the loss of a licensed private alarm contractor
25 in charge of an agency because of the death of that
26 individual or because of the unanticipated termination of the
27 employment of that individual, the Department shall issue a
28 temporary permit allowing the continuing operation of a
29 previously licensed agency. No temporary permit shall be
30 valid for more than 90 days. An extension of an additional
31 90 days may be granted by the Department for good cause shown
32 and upon written request by the representative of the agency.
33 No more than 2 extensions may be granted to any agency. No
34 temporary permit shall be issued for the loss of the licensee
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1 in charge because of disciplinary action by the Department.
2 (g) Private security contractor agency. Upon receipt of
3 the required fee and proof that the applicant has a full-time
4 Illinois licensed private security contractor in charge,
5 which is continuing requirement for agency certification, the
6 Department shall issue, without examination, a certificate as
7 a private security contractor agency to any of the following:
8 (1) An individual who submits an application in
9 writing and who is a licensed private security contractor
10 under this Act.
11 (2) A firm or association that submits an
12 application in writing that all of the members are
13 licensed private security contractors under this Act.
14 (3) A duly incorporated or registered corporation
15 allowed to do business in Illinois that is authorized by
16 its articles of incorporation to engage in the business
17 of conducting a private security contractor agency,
18 provided at least one officer or executive employee is
19 licensed as a private security contractor under this Act
20 and all unlicensed officers and directors of the
21 corporation are determined by the Department to be
22 persons of good moral character.
23 No private security contractor may be the private
24 security contractor in charge for more than one agency except
25 for any individual who, on the effective date of this Act, is
26 currently and actively a licensee for more than one agency.
27 Upon written request by a representative of the agency within
28 10 days after the loss of a licensee in charge of an agency
29 because of the death of that individual or because of the
30 unanticipated termination of the employment of that
31 individual, the Department shall issue a temporary permit
32 allowing the continuing operation of a previously licensed
33 agency. No temporary permit shall be valid for more than 90
34 days. An extension of an additional 90 days may be granted
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1 upon written request by the representative of the agency. No
2 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 (h) Licensed locksmith agency. Upon receipt of the
6 required fee and proof that the applicant is an Illinois
7 licensed locksmith who shall assume full responsibility for
8 the operation of the agency and the directed actions of the
9 agency's employees, which is a continuing requirement for
10 agency licensure, the Department shall issue, without
11 examination, a certificate as a Locksmith Agency to any of
12 the following:
13 (1) An individual who submits an application in
14 writing and who is a licensed locksmith under this Act.
15 (2) A firm or association that submits an
16 application in writing and certifies that all of the
17 members of the firm or association are licensed
18 locksmiths under this Act.
19 (3) A duly incorporated or registered corporation
20 or limited liability company allowed to do business in
21 Illinois that is authorized by its articles of
22 incorporation or organization to engage in the business
23 of conducting a locksmith agency, provided that at least
24 one officer or executive employee of a corporation or one
25 member of a limited liability company is licensed as a
26 locksmith under this Act, and provided that person agrees
27 in writing on a form acceptable to the Department to
28 assume full responsibility for the operation of the
29 agency and the directed actions of the agency's
30 employees, and further provided that all unlicensed
31 officers and directors of the corporation or members of
32 the limited liability company are determined by the
33 Department to be persons of good moral character.
34 An individual licensed locksmith operating under a
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1 business name other than the licensed locksmith's own name
2 shall not be required to obtain a locksmith agency license if
3 that licensed locksmith does not employ any persons to engage
4 in the practice of locksmithing.
5 An applicant for licensure as a locksmith agency shall
6 submit to the Department proof of insurance sufficient for
7 the agency's business circumstances. The Department shall
8 promulgate rules specifying minimum insurance requirements.
9 This insurance requirement is a continuing requirement for
10 licensure.
11 No licensed locksmith may be the licensed locksmith
12 responsible for the operation of more than one agency except
13 for any individual who submits proof to the Department that,
14 on the effective date of this amendatory Act of 1995, he or
15 she is actively responsible for the operations of more than
16 one agency. A licensed private alarm contractor who is
17 responsible for the operation of a licensed private alarm
18 contractor agency and who is a licensed locksmith may also be
19 the licensed locksmith responsible for the operation of a
20 locksmith agency.
21 Upon written request by a representative of an agency
22 within 10 days after the loss of a responsible licensed
23 locksmith of an agency, because of the death of that
24 individual or because of the unanticipated termination of the
25 employment of that individual, the Department shall issue a
26 temporary permit allowing the continuing operation of a
27 previously licensed locksmith agency. No temporary permit
28 shall be valid for more than 90 days. An extension for an
29 additional 90 days may be granted by the Department for good
30 cause shown and upon written request by a representative of
31 the agency. No more than 2 extensions may be granted to any
32 agency. No temporary permit shall be issued to any agency
33 due to the loss of the responsible locksmith because of
34 disciplinary action by the Department.
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1 (i) Proprietary Security Force. All commercial or
2 industrial operations that employ 5 or more persons as armed
3 security guards and all financial institutions that employ
4 armed security guards shall register their security forces
5 with the Department on forms provided by the Department.
6 All armed security guard employees of the registered
7 proprietary security force shall be required to complete a
8 20-hour basic training course and 20-hour firearm training
9 course in accordance with administrative rules.
10 Each proprietary security force shall be required to
11 apply to the Department, on forms supplied by the Department,
12 for the issuance of a firearm authorization card, in
13 accordance with administrative rules, for each armed employee
14 of the security force.
15 The Department shall prescribe rules for the
16 administration of this Section.
17 (j) Any licensed agency that operates a branch office as
18 defined in this Act shall apply for a branch office license.
19 (Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98;
20 90-602, eff. 6-26-98; 91-357, eff. 7-29-99.)