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| [ Senate Amendment 002 ] |
92_HB4879sam001
LRB9212094ACcdam
1 AMENDMENT TO HOUSE BILL 4879
2 AMENDMENT NO. . Amend House Bill 4879 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Private Detective, Private Alarm,
5 Private Security, and Locksmith Act of 1993 is amended by
6 changing Section 75 as follows:
7 (225 ILCS 446/75)
8 (Section scheduled to be repealed on December 31, 2003)
9 Sec. 75. Qualifications for licensure and agency
10 certification.
11 (a) Private Detective. A person is qualified to receive
12 a license as a private detective if he or she meets all of
13 the following requirements:
14 (1) Is at least 21 years of age.
15 (2) Has not been convicted in any jurisdiction of
16 any felony or at least 10 years have expired from the
17 time of discharge from any sentence imposed for a felony.
18 (3) Is of good moral character. Good character is
19 a continuing requirement of licensure. Conviction of
20 crimes not listed in paragraph (2) of subsection (a) of
21 this Section may be used in determining moral character,
22 but does not operate as an absolute bar to licensure.
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1 (4) Has not been declared by any court of competent
2 jurisdiction to be incompetent by reason of mental or
3 physical defect or disease unless a court has since
4 declared him or her to be competent.
5 (5) Is not suffering from habitual drunkenness or
6 from narcotic addiction or dependence.
7 (6) Has a minimum of 3 years experience out of the
8 5 years immediately preceding his or her application
9 working full-time for a licensed private detective agency
10 as a registered private detective employee or with 3
11 years experience out of the 5 years immediately preceding
12 his or her application employed as a full-time
13 investigator for a licensed attorney or in a law
14 enforcement agency of a federal or State political
15 subdivision, which shall include a State's Attorney's
16 office or a Public Defender's office, such full-time
17 investigator experience to be approved by the Board and
18 the Department. An applicant who has obtained a
19 baccalaureate degree in police science or a related field
20 or a business degree from an accredited college or
21 university shall be given credit for 2 of the 3 years
22 experience required under this Section. An applicant who
23 has obtained an associate degree in police science or a
24 related field or in business from an accredited college
25 or university shall be given credit for one of the 3
26 years experience required under this Section.
27 (7) Has not been dishonorably discharged from the
28 armed services of the United States.
29 (8) Has successfully passed an examination
30 authorized by the Department. The examination shall
31 include subjects reasonably related to the activities
32 licensed so as to provide for the protection of the
33 health and safety of the public.
34 (9) Has not violated Section 15, 20, or 25 of this
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1 Act, but this requirement does not operate as an absolute
2 bar to licensure.
3 It is the responsibility of the applicant to obtain
4 liability insurance in an amount and coverage type
5 appropriate as determined by rule for the applicant's
6 individual business circumstances. The applicant shall
7 provide evidence of insurance to the Department before being
8 issued a license. This insurance requirement is a continuing
9 requirement for licensure. Failure to maintain insurance
10 shall result in cancellation of the license by the
11 Department.
12 (b) Private security contractor. A person is qualified
13 to receive a license as a private security contractor if he
14 or she meets all of the following requirements:
15 (1) Is at least 21 years of age.
16 (2) Has not been convicted in any jurisdiction of
17 any felony or at least 10 years have expired from the
18 time of discharge from any sentence imposed for a felony.
19 (3) Is of good moral character. Good moral
20 character is a continuing requirement of licensure.
21 Convictions of crimes not listed in paragraph (2) of
22 subsection (b) of this Section may be used in determining
23 moral character, but do not operate as an absolute bar to
24 licensure.
25 (4) Has not been declared by any court of competent
26 jurisdiction to be incompetent by reason of mental or
27 physical defect or disease unless a court has since
28 declared him or her to be competent.
29 (5) Is not suffering from habitual drunkenness or
30 from narcotic addiction or dependence.
31 (6) Has a minimum of 3 years experience out of the
32 5 years immediately preceding his or her application as a
33 full-time manager or administrator for a licensed private
34 security contractor agency or a manager or administrator
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1 of a proprietary security force of 30 or more persons
2 registered with the Department, or with 3 years
3 experience out of the 5 years immediately preceding his
4 or her application as a full-time supervisor in a law
5 enforcement agency of a federal or State political
6 subdivision, which shall include a State's Attorney's
7 office or Public Defender's office, such full-time
8 supervisory experience to be approved by the Board and
9 the Department. An applicant who has obtained a
10 baccalaureate degree in police science or a related field
11 or a business degree from an accredited college or
12 university shall be given credit for 2 of the 3 years
13 experience required under this Section. An applicant who
14 has obtained an associate degree in police science or a
15 related field or in business from an accredited college
16 or university shall be given credit for one of the 3
17 years experience required under this Section.
18 (7) Has not been dishonorably discharged from the
19 armed services of the United States.
20 (8) Has successfully passed an examination
21 authorized by the Department. The examination shall
22 include subjects reasonably related to the activities
23 licensed so as to provide for the protection of the
24 health and safety of the public.
25 (9) Has not violated Section 15, 20, or 25 of this
26 Act, but this requirement does not operate as an absolute
27 bar to licensure.
28 It is the responsibility of the applicant to obtain
29 liability insurance in amount and coverage type appropriate
30 as determined by rule for the applicant's individual business
31 circumstances. The applicant shall provide evidence of
32 insurance to the Department before being issued a license.
33 This insurance requirement is a continuing requirement for
34 licensure. Failure to maintain insurance shall result in
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1 cancellation of the license by the Department.
2 (c) Private alarm contractor. A person is qualified to
3 receive a license as a private alarm contractor if he or she
4 meets all of the following requirements:
5 (1) Is at least 21 years of age.
6 (2) Has not been convicted in any jurisdiction of
7 any felony or at least 10 years have expired from the
8 time of discharge from any sentence imposed for a felony.
9 (3) Is of good moral character. Good moral
10 character is a continuing requirement of licensure.
11 Convictions of crimes not listed in paragraph (2) of
12 subsection (c) of this Section may be used in determining
13 moral character, but do not operate as an absolute bar to
14 licensure.
15 (4) Has not been declared by any court of competent
16 jurisdiction to be incompetent by reason of mental or
17 physical defect or disease unless a court has since
18 declared him or her to be competent.
19 (5) Is not suffering from habitual drunkenness or
20 from narcotic addiction or dependence.
21 (6) Has not been dishonorably discharged from the
22 armed services of the United States.
23 (7) Has a minimum of 3 years experience out of the
24 5 years immediately preceding application as a full time
25 manager or administrator for an agency licensed as a
26 private alarm contractor agency, or for an entity that
27 designs, sells, installs, services, or monitors alarm
28 systems which in the judgment of the Board satisfies
29 standards of alarm industry competence. An individual
30 who has received a 4 year degree in electrical
31 engineering or a related field from a program approved by
32 the Board shall be given credit for 2 years of experience
33 under this item (7). An individual who has successfully
34 completed a national certification program approved by
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1 the Board shall be given credit for one year of
2 experience under this item (7).
3 (8) Has successfully passed an examination
4 authorized by the Department. The examination shall
5 include subjects reasonably related to the activities
6 licensed so as to provide for the protection of the
7 health and safety of the public.
8 (9) Has not violated Section 15, 20, or 25 of this
9 Act, but this requirement does not operate as an absolute
10 bar to licensure.
11 It is the responsibility of the applicant to obtain
12 liability insurance in an amount and coverage type
13 appropriate as determined by rule for the applicant's
14 individual business circumstances. The applicant shall
15 provide evidence of insurance to the Department before being
16 issued a license. This insurance requirement is a continuing
17 requirement for licensure. Failure to maintain insurance
18 shall result in cancellation of the license by the
19 Department.
20 Alternatively, a person is qualified to receive a license
21 as a private alarm contractor without meeting the
22 requirements of items (7), (8), and (9) of this subsection,
23 if he or she:
24 (i) applies for a license between September 2, 2002
25 July 1, 2000 and September 5, 2002 August 31, 2000, in
26 writing, on forms supplied by the Department;
27 (ii) provides proof to the Department that he or
28 she was engaged in the alarm contracting business on or
29 before July 1, 1975 January 1, 1984;
30 (iii) submits the photographs, fingerprints, proof
31 of insurance, and current license fee required by the
32 Department; and
33 (iv) has not violated Section 25 of this Act; and.
34 (v) has held a Permanent Employee Registration Card
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1 for a minimum of 12 months.
2 (d) Locksmith. A person is qualified to receive a
3 license as a locksmith if he or she meets all of the
4 following requirements:
5 (1) Is at least 18 years of age.
6 (2) Has not violated any provisions of Section 120
7 of this Act.
8 (3) Has not been convicted in any jurisdiction of
9 any felony or at least 10 years have expired from the
10 time of discharge from any sentence imposed for a felony.
11 (4) Is of good moral character. Good moral
12 character is a continuing requirement of licensure.
13 Convictions of crimes not listed in paragraph (3) of
14 subsection (d) of this Section may be used in determining
15 moral character, but do not operate as an absolute bar to
16 licensure.
17 (5) Has not been declared by any court of competent
18 jurisdiction to be incompetent by reason of mental or
19 physical defect or disease unless a court has since
20 declared him or her to be competent.
21 (6) Is not suffering from habitual drunkenness or
22 from narcotic addiction or dependence.
23 (7) Has not been dishonorably discharged from the
24 armed services of the United States.
25 (8) Has passed an examination authorized by the
26 Department in the theory and practice of the profession.
27 (9) Has submitted to the Department proof of
28 insurance sufficient for the individual's business
29 circumstances. The Department, with input from the
30 Board, shall promulgate rules specifying minimum
31 insurance requirements. This insurance requirement is a
32 continuing requirement for licensure. Failure to
33 maintain insurance shall result in the cancellation of
34 the license by the Department. A locksmith employed by a
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1 licensed locksmith agency or employed by a private
2 concern may provide proof that his or her actions as a
3 locksmith are covered by the insurance of his or her
4 employer.
5 (e) Private detective agency. Upon payment of the
6 required fee and proof that the applicant has a full-time
7 Illinois licensed private detective in charge, which is a
8 continuing requirement for agency certification, the
9 Department shall issue, without examination, a certificate as
10 a private detective agency to any of the following:
11 (1) An individual who submits an application in
12 writing and who is a licensed private detective under
13 this Act.
14 (2) A firm or association that submits an
15 application in writing and all of the members of the firm
16 or association are licensed private detectives under this
17 Act.
18 (3) A duly incorporated or registered corporation
19 allowed to do business in Illinois that is authorized by
20 its articles of incorporation to engage in the business
21 of conducting a detective agency, provided at least one
22 officer or executive employee is licensed as a private
23 detective under this Act and all unlicensed officers and
24 directors of the corporation are determined by the
25 Department to be persons of good moral character.
26 No private detective may be the private detective in
27 charge for more than one agency. Upon written request by a
28 representative of an agency within 10 days after the loss of
29 a licensee in charge of an agency because of the death of
30 that individual or because of an unanticipated termination of
31 the employment of that individual, the Department shall issue
32 a temporary permit allowing the continuing operation of a
33 previously licensed agency. No temporary permit shall be
34 valid for more than 90 days. An extension of an additional
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1 90 days may be granted by the Department for good cause shown
2 upon written request by the representative of the agency. No
3 more than 2 extensions may be granted to any agency. No
4 temporary permit shall be issued for the loss of the
5 detective in charge because of disciplinary action by the
6 Department.
7 (f) Private alarm contractor agency. Upon receipt of
8 the required fee and proof that the applicant has a full-time
9 Illinois licensed private alarm contractor in charge, which
10 is a continuing requirement for agency certification, the
11 Department shall issue, without examination, a certificate as
12 a private alarm contractor agency to any of the following:
13 (1) An individual who submits an application in
14 writing and who is a licensed private alarm contractor
15 under this Act.
16 (2) A firm or association that submits an
17 application in writing that all of the members of the
18 firm or association are licensed private alarm
19 contractors under this Act.
20 (3) A duly incorporated or registered corporation
21 allowed to do business in Illinois that is authorized by
22 its articles of incorporation to engage in the business
23 of conducting a private alarm contractor agency, provided
24 at least one officer or executive employee is licensed as
25 a private alarm contractor under this Act and all
26 unlicensed officers and directors of the corporation are
27 determined by the Department to be persons of good moral
28 character.
29 No private alarm contractor may be the private alarm
30 contractor in charge for more than one agency. Upon written
31 request by a representative of an agency within 10 days after
32 the loss of a licensed private alarm contractor in charge of
33 an agency because of the death of that individual or because
34 of the unanticipated termination of the employment of that
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1 individual, the Department shall issue a temporary permit
2 allowing the continuing operation of a previously licensed
3 agency. No temporary permit shall be valid for more than 90
4 days. An extension of an additional 90 days may be granted
5 by the Department for good cause shown and upon written
6 request by the representative of the agency. No more than 2
7 extensions may be granted to any agency. No temporary permit
8 shall be issued for the loss of the licensee in charge
9 because of disciplinary action by the Department.
10 (g) Private security contractor agency. Upon receipt of
11 the required fee and proof that the applicant has a full-time
12 Illinois licensed private security contractor in charge,
13 which is continuing requirement for agency certification, the
14 Department shall issue, without examination, a certificate as
15 a private security contractor agency to any of the following:
16 (1) An individual who submits an application in
17 writing and who is a licensed private security contractor
18 under this Act.
19 (2) A firm or association that submits an
20 application in writing that all of the members are
21 licensed private security contractors under this Act.
22 (3) A duly incorporated or registered corporation
23 allowed to do business in Illinois that is authorized by
24 its articles of incorporation to engage in the business
25 of conducting a private security contractor agency,
26 provided at least one officer or executive employee is
27 licensed as a private security contractor under this Act
28 and all unlicensed officers and directors of the
29 corporation are determined by the Department to be
30 persons of good moral character.
31 No private security contractor may be the private
32 security contractor in charge for more than one agency. Upon
33 written request by a representative of the agency within 10
34 days after the loss of a licensee in charge of an agency
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1 because of the death of that individual or because of the
2 unanticipated termination of the employment of that
3 individual, the Department shall issue a temporary permit
4 allowing the continuing operation of a previously licensed
5 agency. No temporary permit shall be valid for more than 90
6 days. An extension of an additional 90 days may be granted
7 upon written request by the representative of the agency. No
8 more than 2 extensions may be granted to any agency. No
9 temporary permit shall be issued for the loss of the licensee
10 in charge because of disciplinary action by the Department.
11 (h) Licensed locksmith agency. Upon receipt of the
12 required fee and proof that the applicant is an Illinois
13 licensed locksmith who shall assume full responsibility for
14 the operation of the agency and the directed actions of the
15 agency's employees, which is a continuing requirement for
16 agency licensure, the Department shall issue, without
17 examination, a certificate as a Locksmith Agency to any of
18 the following:
19 (1) An individual who submits an application in
20 writing and who is a licensed locksmith under this Act.
21 (2) A firm or association that submits an
22 application in writing and certifies that all of the
23 members of the firm or association are licensed
24 locksmiths under this Act.
25 (3) A duly incorporated or registered corporation
26 or limited liability company allowed to do business in
27 Illinois that is authorized by its articles of
28 incorporation or organization to engage in the business
29 of conducting a locksmith agency, provided that at least
30 one officer or executive employee of a corporation or one
31 member of a limited liability company is licensed as a
32 locksmith under this Act, and provided that person agrees
33 in writing on a form acceptable to the Department to
34 assume full responsibility for the operation of the
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1 agency and the directed actions of the agency's
2 employees, and further provided that all unlicensed
3 officers and directors of the corporation or members of
4 the limited liability company are determined by the
5 Department to be persons of good moral character.
6 An individual licensed locksmith operating under a
7 business name other than the licensed locksmith's own name
8 shall not be required to obtain a locksmith agency license if
9 that licensed locksmith does not employ any persons to engage
10 in the practice of locksmithing.
11 An applicant for licensure as a locksmith agency shall
12 submit to the Department proof of insurance sufficient for
13 the agency's business circumstances. The Department shall
14 promulgate rules specifying minimum insurance requirements.
15 This insurance requirement is a continuing requirement for
16 licensure.
17 No licensed locksmith may be the licensed locksmith
18 responsible for the operation of more than one agency except
19 for any individual who submits proof to the Department that,
20 on the effective date of this amendatory Act of 1995, he or
21 she is actively responsible for the operations of more than
22 one agency. A licensed private alarm contractor who is
23 responsible for the operation of a licensed private alarm
24 contractor agency and who is a licensed locksmith may also be
25 the licensed locksmith responsible for the operation of a
26 locksmith agency.
27 Upon written request by a representative of an agency
28 within 10 days after the loss of a responsible licensed
29 locksmith of an agency, because of the death of that
30 individual or because of the unanticipated termination of the
31 employment of that individual, the Department shall issue a
32 temporary permit allowing the continuing operation of a
33 previously licensed locksmith agency. No temporary permit
34 shall be valid for more than 90 days. An extension for an
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1 additional 90 days may be granted by the Department for good
2 cause shown and upon written request by a representative of
3 the agency. No more than 2 extensions may be granted to any
4 agency. No temporary permit shall be issued to any agency
5 due to the loss of the responsible locksmith because of
6 disciplinary action by the Department.
7 (i) Proprietary Security Force. All commercial or
8 industrial operations that employ 5 or more persons as armed
9 security guards and all financial institutions that employ
10 armed security guards shall register their security forces
11 with the Department on forms provided by the Department.
12 All armed security guard employees of the registered
13 proprietary security force shall be required to complete a
14 20-hour basic training course and 20-hour firearm training
15 course in accordance with administrative rules.
16 Each proprietary security force shall be required to
17 apply to the Department, on forms supplied by the Department,
18 for the issuance of a firearm authorization card, in
19 accordance with administrative rules, for each armed employee
20 of the security force.
21 The Department shall prescribe rules for the
22 administration of this Section.
23 (j) Any licensed agency that operates a branch office as
24 defined in this Act shall apply for a branch office license.
25 (Source: P.A. 90-436, eff. 1-1-98; 90-580, eff. 5-21-98;
26 90-602, eff. 6-26-98; 91-357, eff. 7-29-99; 91-815, eff.
27 6-13-00.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".