2005 Illinois Code - 225 ILCS 447/ Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Article 10 - General Licensing Provisions
(225 ILCS 447/Art. 10 heading)
ARTICLE 10.
GENERAL LICENSING PROVISIONS.
(225 ILCS 447/10‑5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10‑5.
Requirement of license.
(a) It is unlawful for a person to act as or provide the functions of a
private detective, private security contractor, private alarm contractor, or
locksmith or to advertise or to assume to act as any one of these, or to use
these or any other title implying that the person is engaged in any of these
activities unless licensed as such by the Department. An individual or sole
proprietor who does not employ any employees other than himself or herself may
operate under a "doing business as" or assumed name certification without
having to obtain an agency license, so long as the assumed name is first
registered with the Department.
(b) It is unlawful for a person, firm, corporation, or other legal entity
to act as an agency licensed under this Act, to advertise, or to assume to
act as a licensed agency or to use a title implying that the person, firm, or
other entity is engaged in the practice as a private detective agency, private
security contractor agency, private alarm contractor agency, or locksmith
agency unless licensed by the Department.
(c) No agency shall operate a branch office without first applying for and
receiving a branch office license for each location.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/10‑10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10‑10.
General exemptions.
This Act does not apply to any of the following:
(1) A person, firm, or corporation engaging in fire |
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protection engineering, including the design, testing, and inspection of fire protection systems.
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(2) The practice of professional engineering as
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defined in the Professional Engineering Practice Act of 1989.
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(3) The practice of structural engineering as
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defined in the Structural Engineering Practice Act of 1989.
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(4) The practice of architecture as defined in the
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Illinois Architecture Practice Act of 1989.
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(5) The activities of persons or firms licensed
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under the Illinois Public Accounting Act if performed in the course of their professional practice.
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(6) An attorney licensed to practice in Illinois
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while engaging in the practice of law.
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(7) A person engaged exclusively and employed by a
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person, firm, association, or corporation in the business of transporting persons or property in interstate commerce and making an investigation related to the business of that employer.
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(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/10‑20)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10‑20.
Application for license; forms.
(a) Each license application shall be on forms provided by the Department.
(b) Application for a license by endorsement shall be
made
in accordance with the provisions of Section 10‑40.
(c) Every application for an original, renewal, or restored license shall
include the
applicant's Social Security number.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/10‑25)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10‑25.
Issuance of license; renewal; fees.
(a) The Department shall, upon the applicant's satisfactory completion of
the requirements set forth in this Act and upon receipt of the fee, issue the
license indicating the name and business location of the licensee and the date
of expiration.
(b) An applicant may, upon satisfactory completion of the requirements set
forth in this Act and upon receipt of fees related to the application and
testing for licensure, elect to defer the issuance of the applicant's initial
license for a period not longer than 6 years. An applicant who fails to request
issuance of his or her initial license or agency license and to remit the fees
required for that license within 6 years shall be required to resubmit an
application together with all required fees.
(c) The expiration date, renewal period, and conditions for renewal and
restoration of each license, permanent employee registration card, and firearm
authorization card shall be set by rule. The holder may renew the license,
permanent employee registration card, or firearm authorization card during the
30 days preceding its expiration by paying the required fee and by meeting
conditions that the Department may specify. Any license holder who notifies the
Department on forms prescribed by
the Department may place his or her license on inactive status for a period of
not longer than 6 years and shall, subject to the rules of the Department, be
excused from payment of renewal fees until the license holder notifies the
Department, in writing, of an intention to resume active status. Practice while
on inactive status constitutes unlicensed practice. A non‑renewed license
that has lapsed for less than 6 years may be restored upon payment of the
restoration fee and all lapsed renewal fees. A license that has lapsed for more
than 6 years may be restored by paying the required restoration fee and all
lapsed renewal fees and by providing evidence of competence to resume practice
satisfactory to the Department and the Board, which may include passing a
written examination. All restoration fees and lapsed renewal fees shall be
waived for an applicant whose license lapsed while on active duty in the armed
forces of the United States if application for restoration is made within 12
months after discharge from the service.
(d) Any permanent employee registration card expired for less than one year
may be restored upon payment of lapsed renewal fees. Any permanent employee
registration card expired for one year or more may be restored by making
application to the Department and filing proof acceptable to the Department of
the licensee's fitness to have the permanent employee registration card
restored, including verification of
fingerprint processing through the Department of State Police and Federal
Bureau of Investigation and paying the restoration fee.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
(225 ILCS 447/10‑30)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10‑30.
Unlawful acts.
It is unlawful for a licensee
or an employee of a licensed agency:
(1) Upon termination of employment by the agency, to |
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fail to return upon demand or within 72 hours of termination of employment any firearm issued by the employer together with the employee's firearm authorization card.
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(2) Upon termination of employment by the agency, to
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fail to return within 72 hours of termination of employment any uniform, badge, identification card, or equipment issued, but not sold, to the employee by the agency.
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(3) To falsify the employee's statement required by
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(4) To have a badge, shoulder patch, or any other
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identification that contains the words "law enforcement". In addition, no license holder or employee of a licensed agency shall in any manner imply that the person is an employee or agent of a governmental agency or display a badge or identification card, emblem, or uniform citing the words "police", "sheriff", "highway patrol trooper", or "law enforcement".
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(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/10‑35)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10‑35.
Examination of applicants; forfeiture of fee.
(a) Applicants for licensure shall be examined as
provided by this Section if they are qualified to be examined
under this Act. All applicants taking the examination shall
be evaluated using the same standards as others who are
examined for the respective license.
(b) Examinations for licensure shall be held at such
time and place as the Department may determine, but shall be
held at least twice a year.
(c) Examinations shall test the amount of knowledge and
skill needed to perform the duties set forth in this Act and
be in the interest of the protection of the public.
The
Department may contract with a testing service for the
preparation and conduct of the examination.
(d) If an applicant neglects, fails, or refuses to take
an examination within one year after filing an application,
the fee shall be forfeited. However, an applicant may, after
the one‑year period, make a new application for examination,
accompanied by the required fee. If an applicant fails to
pass the examination within 3 years after filing an
application, the application shall be denied. An applicant
may make a new application after the 3‑year period.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/10‑40)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10‑40.
Licensure by endorsement.
The
Department shall promulgate rules for licensure by endorsement
without examination and may license under this Act upon
payment of the fee an applicant who is registered or licensed
under the laws of another state, territory, or country if the
requirements for registration or licensure in the jurisdiction
in which the applicant was licensed or registered were, at the
date of his or her registration or licensure, substantially
equal to the requirements then in force in Illinois and that
state or country has similar requirements for licensure or
registration by endorsement. Applicants have 3 years from the
date of application to complete the application process. If
the process has not been completed in 3 years, the application
shall be denied, the fee forfeited, and the applicant must re‑apply and meet
the requirements in effect at the time of
reapplication.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/10‑45)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10‑45.
Emergency care without a fee.
A license
holder, agency, or registered employee of a private security
contractor, as defined in Section 5‑10 of this Act, who in
good faith provides emergency care without fee to any person
or takes actions in good faith that directly relate to the
employee's job responsibilities to protect people and
property, as defined by the areas in which registered security
officers receive training under Sections 20‑20 and 25‑20 shall
not, as a result of his or her acts or omissions, except
willful and wanton misconduct, in providing the care, be
liable to a person to whom such care is provided for civil
damages.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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