Public Act 90-0602 of the 90th General Assembly
Public Act 90-0602
SB1251 Enrolled LRB9008499NTsbA
AN ACT regarding the regulation of professions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Office of Banks and Real Estate Act is
amended by changing Section 5 and adding Section 6.5 as
follows:
(20 ILCS 3205/5) (from Ch. 17, par. 455)
Sec. 5. Powers. In addition to all the other powers and
duties provided by law, the Commissioner shall have the
following powers:
(a) To exercise the rights, powers and duties formerly
vested by law in the Director of Financial Institutions under
the Illinois Banking Act.
(b) To exercise the rights, powers and duties formerly
vested by law in the Department of Financial Institutions
under "An act to provide for and regulate the administration
of trusts by trust companies", approved June 15, 1887, as
amended.
(c) To exercise the rights, powers and duties formerly
vested by law in the Director of Financial Institutions under
"An act authorizing foreign corporations, including banks and
national banking associations domiciled in other states, to
act in a fiduciary capacity in this state upon certain
conditions herein set forth", approved July 13, 1953, as
amended.
(d) Whenever the Commissioner is authorized or required
by law to consider or to make findings regarding the
character of incorporators, directors, management personnel,
or other relevant individuals under the Illinois Banking Act,
or the Corporate Fiduciary Act, the Pawnbroker Regulation
Act, or at other times as the Commissioner deems necessary
for the purpose of carrying out the Commissioner's statutory
powers and responsibilities, the Commissioner shall consider
criminal history record information, including nonconviction
information, pursuant to the Criminal Identification Act.
The Commissioner shall, in the form and manner required by
the Department of State Police and the Federal Bureau of
Investigation, cause to be conducted a criminal history
record investigation to obtain information currently
contained in the files of the Department of State Police or
the Federal Bureau of Investigation, provided that the
Commissioner need not cause additional criminal history
record investigations to be conducted on individuals for whom
the Commissioner, or a federal bank regulatory agency, or any
other government agency has caused such investigations to
have been conducted previously unless such additional
investigations are otherwise required by law or unless the
Commissioner deems such additional investigations to be
necessary for the purposes of carrying out the Commissioner's
statutory powers and responsibilities. The Department of
State Police shall provide, on the Commissioner's request,
information concerning criminal charges and their disposition
currently on file with respect to a relevant individual.
Information obtained as a result of an investigation under
this Section shall be used in determining eligibility to be
an incorporator, director, management personnel, or other
relevant individual in relation to a financial institution or
other entity supervised by the Commissioner. Upon request
and payment of fees in conformance with the requirements of
paragraph (22) of subsection (A) of Section 55a of the Civil
Administrative Code of Illinois, the Department of State
Police is authorized to furnish, pursuant to positive
identification, such information contained in State files as
is necessary to fulfill the request.
(Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97.)
(20 ILCS 3205/6.5 new)
Sec. 6.5. Commissioner, boards, actions taken. Neither
the Commissioner, any deputy commissioner, any member of any
Board or committee which performs functions related to Acts
administered by the Commissioner, nor any employee of the
Commissioner's office shall be subject to any civil liability
or penalty, whether for damages or otherwise, on account of
or for any action taken or omitted to be taken in their
respective official capacities, except when such acts or
omissions to act are corrupt or malicious or unless such
action is taken or omitted to be taken not in good faith and
without reasonable grounds.
Section 10. The Pawnbroker Regulation Act is amended by
changing Sections 0.05, 1, 7, and 7.5 and adding Section 1.5
as follows:
(205 ILCS 510/0.05)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 0.05. Administration of Act.
(a) This Act shall be administered by the Commissioner
of Banks and Real Estate who shall have all of the following
powers and duties in administering this Act:
(1) To promulgate reasonable rules for the purpose
of administering the provisions of this Act.
(2) To issue orders for the purpose of
administering the provisions of this Act and any rule
promulgated in accordance with this Act.
(3) To appoint hearing officers and to hire
employees or to contract with appropriate persons to
execute any of the powers granted to the Commissioner
under this Section for the purpose of administering this
Act and any rule promulgated in accordance with this Act.
(4) To subpoena witnesses, to compel their
attendance, to administer an oath, to examine any person
under oath, and to require the production of any relevant
books, papers, accounts, and documents in the course of
and pursuant to any investigation being conducted, or any
action being taken, by the Commissioner in respect of any
matter relating to the duties imposed upon, or the powers
vested in, the Commissioner under the provisions of this
Act or any rule promulgated in accordance with this Act.
(5) To conduct hearings.
(6) To impose civil penalties graduated up to
$1,000 against any person for each violation of any
provision of this Act, or any rule promulgated in
accordance with this Act, or any order of the
Commissioner based upon the seriousness of the violation.
(7) To issue a cease and desist order and, for
violations of this Act, or any rule promulgated in
accordance with this Act, or any other applicable law in
connection with the operation of a pawnshop, to suspend a
license issued under this Act for up to 30 days., and for
a continued pattern of violations to revoke a license
issued under this Act.
(8) To examine the affairs of any pawnshop if the
Commissioner has reasonable cause to believe that
unlawful or fraudulent activity is occurring, or has
occurred, therein.
(9) In response to a complaint, to address any
inquiries to any pawnshop in relation to its affairs, and
it shall be the duty of the pawnshop to promptly reply in
writing to such inquiries. The Commissioner may also
require reports or information from any pawnshop at any
time the Commissioner may deem desirable.
(10) To revoke a license issued under this Act if
the Commissioner determines that (a) a licensee has been
convicted of a felony in connection with the operations
of a pawnshop; (b) a licensee knowingly, recklessly, or
continuously violated this Act, a rule promulgated in
accordance with this Act, or any order of the
Commissioner; (c) a fact or condition exists that, if it
had existed or had been known at the time of the original
application, would have justified license refusal; or (d)
the licensee knowingly submits materially false or
misleading documents with the intent to deceive the
Commissioner or any other party.
(11) Following license revocation, to take
possession and control of a pawnshop for the purpose of
examination, reorganization, or liquidation through
receivership and to appoint a receiver, which may be the
Commissioner, a pawnshop, or another suitable person.
(b) After consultation with local law enforcement
officers, the Attorney General, and the industry, the
Commissioner may by rule require that pawnbrokers operate
video camera surveillance systems to record photographic
representations of customers and retain the tapes produced
for up to 30 days.
(c) Pursuant to rule, the Commissioner shall issue
licenses on an annual or multi-year basis for operating a
pawnshop pawn shop. Any person currently operating or who has
operated a pawnshop in this State during the 2 years
preceding the effective date of this amendatory Act of 1997
shall be issued a license upon payment of the fee required
under this Act. New applicants shall meet standards for a
license as established by the Commissioner. Except with the
prior written consent of the Commissioner, no individual,
either a new applicant or a person currently operating a
pawnshop, may be issued a license to operate a pawnshop if
the individual has been convicted of a felony or of any
criminal offense relating to dishonesty or breach of trust in
connection with the operations of a pawnshop. The
Commissioner shall establish license fees. The fees shall
not exceed the amount reasonably required for administration
of this Act. It shall be unlawful to operate a pawnshop pawn
shop without a license issued by the Commissioner.
(d) In addition to license fees, the Commissioner may,
by rule, establish fees in connection with a review,
approval, or provision of a service, and levy a reasonable
charge to recover the cost of the review, approval, or
service (such as a change in control, change in location, or
renewal of a license). The Commissioner may also levy a
reasonable charge to recover the cost of an examination if
the Commissioner determines that unlawful or fraudulent
activity has occurred. The Commissioner may require payment
of the fees and charges provided in this Act by certified
check, money order, an electronic transfer of funds, or an
automatic debit of an account.
(e)(d) The Pawnbroker Regulation Fund is established as
a special fund in the State treasury. Moneys collected under
this Act shall be deposited into the Fund and used for the
administration of this Act. In the event that General
Revenue Funds are appropriated to the Office of the
Commissioner of Banks and Real Estate for the initial
implementation of this Act, the Governor may direct the
repayment from the Pawnbroker Regulation Fund to the General
Revenue Fund of such advance in an amount not to exceed
$30,000. The Governor may direct this interfund transfer at
such time as he deems appropriate by giving appropriate
written notice.
(f) The Commissioner may, by rule, require all pawnshops
to provide for the expenses that would arise from the
administration of the receivership of a pawnshop under this
Act through the assessment of fees, the requirement to pledge
surety bonds, or such other methods as determined by the
Commissioner.
(g)(e) All final administrative decisions of the
Commissioner under this Act shall be subject to judicial
review pursuant to the provisions of the Administrative
Review Law. For matters involving administrative review,
venue shall be in either Sangamon County or Cook County.
(Source: P.A. 90-477, eff. 7-1-98.)
(205 ILCS 510/1) (from Ch. 17, par. 4651)
Sec. 1. Every individual or business entity which lends
money on the deposit or pledge of physically delivered
personal property, other than property the ownership of which
is subject to a legal dispute, securities, printed evidence
of indebtedness or printed evidence of ownership of the
personal property, or who deals in the purchase of such
property on the condition of selling the property back again
at a stipulated price, person or company engaged in the
business of receiving property in pledge or as security for
money or other thing advanced to the pawner or pledger, shall
be held and is hereby declared and defined to be a
pawnbroker. The business of a pawnbroker does not include
the lending of money on deposit or pledge of title to
property.
(Source: Laws 1909, p. 300.)
(205 ILCS 510/1.5 new)
Sec. 1.5. Misleading practices and names prohibited.
It shall not be lawful for an individual or business entity
to conduct business in this State using the word "pawn",
"pawnshop", or "pawnbroker" in connection with the business
or to transact business in this State in a manner which has a
substantial likelihood of misleading the public by implying
that the business is a pawnshop, without first obtaining a
license from the Commissioner.
(205 ILCS 510/7) (from Ch. 17, par. 4657)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 7. Daily report.
(a) Except as provided in subsection (b), it shall be
the duty of every pawnbroker to make out and deliver to the
sheriff of the county in which such pawnbroker does business,
on each day before the hours of 12 o'clock noon, a legible
and exact copy from the standard record book, as required in
Section 5 of this Act, that lists all personal property and
any other valuable thing received on deposit or purchased
during the preceding day, including the exact time when
received or purchased, and a description of the person or
person by whom left in pledge, or from whom the same were
purchased; provided, that in cities or towns having 25,000 or
more inhabitants, a copy of the such report shall at the same
time also be delivered to the superintendent of police or the
chief police officer of such city or town. Such report may be
made by computer printout or input memory device if the
format has been approved by the local law enforcement agency.
(b) In counties with more than 3,000,000 inhabitants, a
pawnbroker must provide the daily report to the sheriff only
if the pawnshop is located in an unincorporated area of the
county. Pawnbrokers located in cities or towns in such
counties must deliver such reports to the superintendent of
police or the chief police officer of such city or town.
(Source: P.A. 90-477, eff. 7-1-98.)
(205 ILCS 510/7.5)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 7.5. Report to the Commissioner. The
Commissioner, as often as the Commissioner shall deem
necessary or proper, may require a pawnshop to submit a full
and detailed report of its operations including, but not
limited to, the number of pawns made, the amount financed on
pawn transactions, and the number and amount of pawns
surrendered to law enforcement.
(a) A licensee shall file a report with the Commissioner
disclosing all of the following information for the preceding
calendar year:
(1) Number of pawns made.
(2) Amount financed on pawn transactions.
(3) Average amount financed.
(4) Number of pawns not redeemed.
(5) Amount of pawns not redeemed.
(6) Average amount of pawns not redeemed.
(7) Number of pawns surrendered to law enforcement.
(8) Amount of pawns surrendered to law enforcement.
(9) Average size of pawns surrendered to law
enforcement.
(10) Number of pawnshop employees as of the end of
the calendar year.
(b) The office of the Commissioner of Banks and Real
Estate shall prescribe the form of the report and establish
the date by which the report must be filed.
(Source: P.A. 90-477, eff. 7-1-98.)
Section 15. The Environmental Health Practitioner
Licensing Act is amended by changing Section 21 as follows:
(225 ILCS 37/21)
Sec. 21. Grandfather provision.
(a) A person who, on June 30, the effective date of this
amendatory Act of 1995, was certified by his or her employer
as serving as a sanitarian or environmental health
practitioner in environmental health practice in this State
may be issued a license upon the filing of an application by
July 1, 1999 and within 12 months, by paying the required
fees, and by passing the examination.
(b) The Department may, upon application and payment of
the required fee within 12 months, issue a license to a
person who holds a current license as a sanitarian or
environmental health practitioner issued by the Illinois
Environmental Health Association or National Environmental
Health Association.
(Source: P.A. 89-61, eff. 6-30-95.)
Section 20. The Illinois Professional Land Surveyor Act
of 1989 is amended by changing Section 20 as follows:
(225 ILCS 330/20) (from Ch. 111, par. 3270)
Sec. 20. Endorsement. Upon payment of the required fee,
an applicant who is a Professional Land Surveyor, a Land
Surveyor-in-Training, or registered or licensed or otherwise
legally recognized as a Land Surveyor under the laws of
another state or territory of the United States may be
granted a license as an Illinois Professional Land Surveyor
by the Department with approval of the Board upon the
following conditions:
(a) That the applicant meets the requirements for
licensing in this State, and that the requirements for
licensing or other legal recognition of Land Surveyors in the
particular state or territory were, at the date of issuance
of the license or certificate, equivalent to the requirements
then in effect in the State of Illinois; however, the
applicant shall be exempt from the requirements of item (5)
of subsection (a) of Section 12 of this Act if he or she (1)
applied for a license under this Section between September 1,
1996 and October 31, 1996 and (2) has 10 or more years of
supervised experience as a land surveyor; and
(b) That the applicant passes a jurisdictional
examination to determine the applicant's knowledge of the
surveying tasks unique to the State of Illinois and the laws
pertaining thereto.
(Source: P.A. 86-987.)
Section 25. The Barber, Cosmetology, Esthetics, and Nail
Technology Act of 1985 is amended by changing Sections 3-7,
3C-4, and 4-5.1 as follows:
(225 ILCS 410/3-7) (from Ch. 111, par. 1703-7)
Sec. 3-7. Licensure; renewal; continuing education;
military service. The holder of a license issued under this
Article III may renew that license during the month preceding
the expiration date thereof by paying the required fee,
giving such evidence as the Department may prescribe of
completing not less than 14 hours of continuing education for
a cosmetologist, and 24 hours of continuing education for a
cosmetology teacher or cosmetology clinic teacher, within the
2 years prior to renewal. The training shall be in subjects
approved by the Department as prescribed by rule upon
recommendation of the Committee.
A license that has been expired for more than 5 years may
be restored by payment of the restoration fee and submitting
evidence satisfactory to the Department of the current
qualifications and fitness of the licensee, which shall
include completion of continuing education hours for the
period subsequent to expiration.
The Department shall establish by rule a means for the
verification of completion of the continuing education
required by this Section. This verification may be
accomplished through audits of records maintained by
registrants, by requiring the filing of continuing education
certificates with the Department, or by other means
established by the Department. The Department may select a
qualified organization that has no direct business
relationship with a licensee, licensed entity or a subsidiary
of a licensed entity under this Act to maintain and verify
records relating to continuing education.
A license issued under the provisions of this Act that
has expired while the holder of the license was engaged (1)
in federal service on active duty with the Army of the United
States, the United States Navy, the Marine Corps, the Air
Force, the Coast Guard, or any Women's Auxiliary thereof, or
the State Militia called into the service or training of the
United States of America, or (2) in training or education
under the supervision of the United States preliminary to
induction into the military service, may be reinstated or
restored without the payment of any lapsed renewal fees,
reinstatement fee, or restoration fee if within 2 years after
the termination of such service, training, or education other
than by dishonorable discharge, the holder furnishes the
Department with an affidavit to the effect that he or she has
been so engaged and that his or her service, training, or
education has been so terminated.
The Department, in its discretion, may waive enforcement
of the continuing education requirement in this Section and
shall adopt rules defining the standards and criteria for
that waiver under the following circumstances:
(a) the licensee resides in a locality where it is
demonstrated that the absence of opportunities for such
education would interfere with the ability of the
licensee to provide service to the public;
(b) that to comply with the continuing education
requirements would cause a substantial financial hardship
on the licensee;
(c) that the licensee is serving in the United
States Armed Forces; or
(d) that the licensee is incapacitated due to
illness.
The continuing education requirements of this Section do
not apply to a licensee who (i) is at least 62 years of age
before January 1, 1999 or (ii) has been licensed as a
cosmetologist, cosmetology teacher, or cosmetology clinic
teacher for at least 25 30 years and does not regularly work
as a cosmetologist, cosmetology teacher, or cosmetology
clinic teacher for more than 14 16 hours per week.
(Source: P.A. 89-387, eff. 1-1-96; 89-706, eff. 1-31-97;
90-302, eff. 8-1-97.)
(225 ILCS 410/3C-4) (from Ch. 111, par. 1703C-4)
Sec. 3C-4. Pre-existing practitioners; license
requirements for nail technicians.
(a) Until December 31, 1995, an applicant who was
practicing nail technology prior to the effective date of
this amendatory Act of 1991 shall be issued a license as a
nail technician if the applicant meets all of the following
requirements:
(1) Completes and submits to the Department the
necessary forms furnished by the Department along with an
application fee of $20.
(2) Is at least 16 years of age.
(3) Has graduated from an eighth grade elementary
school or its equivalent.
(4) Has one year of full-time (40 hours per week)
practical experience or 2 years of part-time (not less
than 20 hours per week) practical experience as a nail
technician prior to the effective date of this amendatory
Act of 1991, or has 200 hours of certifiable nail
technology education in a cosmetology school or
vocational technical school. The nail technology
education must have been obtained prior to January 1,
1994.
(5) Submits a written affidavit stating a nail
technician's practical work experience executed by an
employer, co-worker, or client; or a copy of a current
business license, where applicable. For purposes of this
item (5), work in sales shall not be considered practical
work experience.
(b) A person who applies for licensure under this
Section between January 1, 1999 1997 and January 31, 1999
1997, who has been practicing nail technology for a minimum
of 6 years in this State, shall be issued a license upon
proof of such experience and meeting all other requirements
for licensure under this Section.
(Source: P.A. 89-125, eff. 7-7-95; 89-706, eff. 1-31-97.)
(225 ILCS 410/4-5.1)
Sec. 4-5.1. Deposit of fees and fines. Beginning July
1, 1995, all of the fees and fines collected under this Act
shall be deposited into the General Professions Dedicated
Fund.
The funds deposited under this Act into the General
Professions Dedicated Fund, may be used by the Department to
publish and distribute a newsletter to all persons licensed
under this Act; such a newsletter should contain information
about any changes in the Act or administrative rules
concerning cosmetologists, cosmetology teachers, or
cosmetology clinic teachers. If appropriate funding is
available, the Department may also distribute to all persons
licensed under this Act copies of this Act and the
appropriate administrative rules that apply, during the
renewal process.
(Source: P.A. 88-683, eff. 1-24-95.)
Section 30. The Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 is amended by
changing Sections 75 and 77 as follows:
(225 ILCS 446/75)
Sec. 75. Qualifications for licensure and agency
certification.
(a) Private Detective. A person is qualified to receive
a license as a private detective if he or she meets all of
the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good character is
a continuing requirement of licensure. Conviction of
crimes not listed in paragraph (2) of subsection (a) of
this Section may be used in determining moral character,
but does not operate as an absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application
working full-time for a licensed private detective agency
as a registered private detective employee or with 3
years experience out of the 5 years immediately preceding
his or her application employed as a full-time
investigator in a law enforcement agency of a federal or
State political subdivision, approved by the Board and
the Department; or an applicant who has obtained a
baccalaureate degree in police science or a related field
or a business degree from an accredited college or
university shall be given credit for 2 of the 3 years
experience required under this Section. An applicant who
has obtained an associate degree in police science or a
related field or in business from an accredited college
or university shall be given credit for one of the 3
years experience required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
(b) Private security contractor. A person is qualified
to receive a license as a private security contractor if he
or she meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (b) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application as a
full-time manager or administrator for a licensed private
security contractor agency or a manager or administrator
of a proprietary security force of 30 or more persons
registered with the Department, or with 3 years
experience out of the 5 years immediately preceding his
or her application as a full-time supervisor in a law
enforcement agency of a federal or State political
subdivision, approved by the Board and the Department; or
an applicant who has obtained a baccalaureate degree in
police science or a related field or a business degree
from an accredited college or university shall be given
credit for 2 of the 3 years experience required under
this Section. An applicant who has obtained an associate
degree in police science or a related field or in
business from an accredited college or university shall
be given credit for one of the 3 years experience
required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
(10) It is the responsibility of the applicant to
obtain liability insurance in amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before
being issued a license. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in cancellation of the
license by the Department.
(c) Private alarm contractor. A person is qualified to
receive a license as a private alarm contractor if he or she
meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (c) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the
armed services of the United States.
(7) Has a minimum of 3 years experience out of the
5 years immediately preceding application as a full time
manager or administrator for an agency licensed as a
private alarm contractor agency, or for an entity that
designs, sells, installs, services, or monitors alarm
systems which in the judgment of the Board satisfies
standards of alarm industry competence. An individual who
has received a 4 year degree in electrical engineering or
a related field from a program approved by the Board
shall be given credit for 2 years of experience under
this item (7). An individual who has successfully
completed a national certification program approved by
the Board shall be given credit for one year of
experience under this item (7).
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
(10) It is the responsibility of the applicant to
obtain liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before
being issued a license. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in cancellation of the
license by the Department.
Alternatively, a person is qualified to receive a license
as a private alarm contractor without meeting the
requirements of items (7), (8), and (9) of this subsection,
if he or she:
(i) applies for a license between September 1, 1998
and September 15, 1998, in writing, on forms supplied by
the Department;
(ii) provides proof to the Department that he or
she was engaged in the alarm contracting business on or
before January 1, 1984;
(iii) submits the photographs, fingerprints, proof
of insurance, and current license fee required by the
Department; and
(iv) has not violated Section 25 of this Act.
(d) Locksmith. A person is qualified to receive a
license as a locksmith if he or she meets all of the
following requirements:
(1) Is at least 18 years of age.
(2) Has not violated any provisions of Section 120
of this Act.
(3) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(4) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (3) of
subsection (d) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(5) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(6) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has passed an examination authorized by the
Department in the theory and practice of the profession.
(9) Has submitted to the Department proof of
insurance sufficient for the individual's business
circumstances. The Department, with input from the
Board, shall promulgate rules specifying minimum
insurance requirements. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in the cancellation of
the license by the Department. A locksmith employed by a
licensed locksmith agency or employed by a private
concern may provide proof that his or her actions as a
locksmith are covered by the insurance of his or her
employer.
(e) Private detective agency. Upon payment of the
required fee and proof that the applicant has a full-time
Illinois licensed private detective in charge, which is a
continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private detective agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private detective under
this Act.
(2) A firm or association that submits an
application in writing and all of the members of the firm
or association are licensed private detectives under this
Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a detective agency, provided at least one
officer or executive employee is licensed as a private
detective under this Act and all unlicensed officers and
directors of the corporation are determined by the
Department to be persons of good moral character.
No private detective may be the private detective in
charge for more than one agency except for an individual who,
on the effective date of this Act, is currently and actively
a licensee for more than one agency. Upon written request by
a representative of an agency within 10 days after the loss
of a licensee in charge of an agency because of the death of
that individual or because of an unanticipated termination of
the employment of that individual, the Department shall issue
a temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the
detective in charge because of disciplinary action by the
Department.
(f) Private alarm contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private alarm contractor in charge, which
is a continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private alarm contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private alarm contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members of the
firm or association are licensed private alarm
contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private alarm contractor agency, provided
at least one officer or executive employee is licensed as
a private alarm contractor under this Act and all
unlicensed officers and directors of the corporation are
determined by the Department to be persons of good moral
character.
No private alarm contractor may be the private alarm
contractor in charge for more than one agency except for any
individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of an agency within
10 days after the loss of a licensed private alarm contractor
in charge of an agency because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
and upon written request by the representative of the agency.
No more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(g) Private security contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private security contractor in charge,
which is continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private security contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private security contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members are
licensed private security contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private security contractor agency,
provided at least one officer or executive employee is
licensed as a private security contractor under this Act
and all unlicensed officers and directors of the
corporation are determined by the Department to be
persons of good moral character.
No private security contractor may be the private
security contractor in charge for more than one agency except
for any individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of the agency within
10 days after the loss of a licensee in charge of an agency
because of the death of that individual or because of the
unanticipated termination of the employment of that
individual, the Department shall issue a temporary permit
allowing the continuing operation of a previously licensed
agency. No temporary permit shall be valid for more than 90
days. An extension of an additional 90 days may be granted
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(h) Licensed locksmith agency. Upon receipt of the
required fee and proof that the applicant is an Illinois
licensed locksmith who shall assume full responsibility for
the operation of the agency and the directed actions of the
agency's employees, which is a continuing requirement for
agency licensure, the Department shall issue, without
examination, a certificate as a Locksmith Agency to any of
the following:
(1) An individual who submits an application in
writing and who is a licensed locksmith under this Act.
(2) A firm or association that submits an
application in writing and certifies that all of the
members of the firm or association are licensed
locksmiths under this Act.
(3) A duly incorporated or registered corporation
or limited liability company allowed to do business in
Illinois that is authorized by its articles of
incorporation or organization to engage in the business
of conducting a locksmith agency, provided that at least
one officer or executive employee of a corporation or one
member of a limited liability company is licensed as a
locksmith under this Act, and provided that person agrees
in writing on a form acceptable to the Department to
assume full responsibility for the operation of the
agency and the directed actions of the agency's
employees, and further provided that all unlicensed
officers and directors of the corporation or members of
the limited liability company are determined by the
Department to be persons of good moral character.
An individual licensed locksmith operating under a
business name other than the licensed locksmith's own name
shall not be required to obtain a locksmith agency license if
that licensed locksmith does not employ any persons to engage
in the practice of locksmithing.
An applicant for licensure as a locksmith agency shall
submit to the Department proof of insurance sufficient for
the agency's business circumstances. The Department shall
promulgate rules specifying minimum insurance requirements.
This insurance requirement is a continuing requirement for
licensure.
No licensed locksmith may be the licensed locksmith
responsible for the operation of more than one agency except
for any individual who submits proof to the Department that,
on the effective date of this amendatory Act of 1995, he or
she is actively responsible for the operations of more than
one agency. A licensed private alarm contractor who is
responsible for the operation of a licensed private alarm
contractor agency and who is a licensed locksmith may also be
the licensed locksmith responsible for the operation of a
locksmith agency.
Upon written request by a representative of an agency
within 10 days after the loss of a responsible licensed
locksmith of an agency, because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed locksmith agency. No temporary permit
shall be valid for more than 90 days. An extension for an
additional 90 days may be granted by the Department for good
cause shown and upon written request by a representative of
the agency. No more than 2 extensions may be granted to any
agency. No temporary permit shall be issued to any agency
due to the loss of the responsible locksmith because of
disciplinary action by the Department.
(i) Any licensed agency that operates a branch office as
defined in this Act shall apply for a branch office license.
(Source: P.A. 89-85, eff. 1-1-96; 89-366, eff. 1-1-96;
89-626, eff. 8-9-96; 90-436, eff. 1-1-98.)
(225 ILCS 446/77)
Sec. 77. Necessity for licensure of locksmith agencies;
grandfather provision.
(a) On or after January 1, 1997, no person shall
practice as a locksmith and no business entity shall operate
as a locksmith agency without first applying for and
obtaining a license for that purpose from the Department.
(b) Applications must be accompanied by the required
fee.
(c) In lieu of the examination given to other applicants
for licensure, the Director may issue a license to an
individual who presents proof to the Director that he or she
was actively engaged as a locksmith or as a supervisor,
manager, or administrator of a locksmith business for 3 years
out of the 5 years immediately preceding January 1, 1996 and
meets all other requirements of this Act.
(d) The application for a license without examination
shall be made to the Director within 2 years after the
effective date of this amendatory Act of 1995.
(e) A person who applies for licensure under this
Section between September 1, 1998 and September 30, 1998
shall be exempt from subsection (d) of this Section and shall
be issued a license upon proof of meeting all other
requirements for licensure under this Section.
(Source: P.A. 89-366, eff. 1-1-96.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 5 and 10 take effect July
1, 1998 and Section 25 takes effect January 1, 1999.