2005 Illinois Code - 225 ILCS 447/ Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Article 30 - Locksmiths
225 ILCS 447/Art. 30 heading
ARTICLE 30.
LOCKSMITHS.
(225 ILCS 447/30‑5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 30‑5.
Exemptions; locksmith.
The provisions of this
Act do not apply to any of the following if the person
performing the service does not hold himself or herself out as
a locksmith:
(1) Automobile service dealers who service, install, |
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repair, or rebuild automobile locks.
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(2) Police officers, firefighters, or municipal
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employees who open a lock in an emergency situation.
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(3) A retail merchant selling locks or similar
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security accessories, duplicating keys, or installing, programming, repairing, maintaining, reprogramming, rebuilding, or servicing electronic garage door devices.
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(4) A member of the building trades who installs or
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removes complete locks or locking devices in the course of residential or commercial new construction or remodeling.
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(5) An employee of a towing service, repossessor, or
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automobile club opening automotive locks in the normal course of his or her duties. Additionally, this Act shall not prohibit an employee of a towing service from opening motor vehicles to enable a vehicle to be moved without towing, provided the towing service does not hold itself out to the public, by directory advertisement, through a sign at the facilities of the towing service, or by any other form of advertisement, as a locksmith.
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(6) A student in the course of study in locksmith
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programs approved by the Department.
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(7) Warranty service by a lock manufacturer or its
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employees on the manufacturer's own products.
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(8) A maintenance employee of a property management
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company at a multi‑family residential building who services, installs, repairs, or opens locks for tenants.
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(9) A person employed exclusively by only one
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employer in connection with the exclusive activities of that employer, providing that person does not hold himself or herself out to the public as a locksmith.
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(10) Persons who have no access to confidential or
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security information and who otherwise do not provide traditional locksmith services, as defined in this Act, are exempt from employee registration. Examples of exempt employees include, but are not limited to, employees working in the capacity of key cutters, cashiers, drivers, and reception personnel. Confidential or security information is that which pertains to employee files, scheduling, client contracts, master key charts, access codes, or technical security and alarm data.
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(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/30‑10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 30‑10.
Qualifications for licensure as a locksmith.
(a) A person is qualified for licensure as a locksmith
if he or she meets all of the following requirements:
(1) Is at least 18 years of age.
(2) Has not been convicted of any felony in any |
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jurisdiction or at least 10 years have elapsed since the time of full discharge from a sentence imposed for a felony conviction.
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(3) Is of good moral character. Good moral character
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is a continuing requirement of licensure. Conviction of crimes other than felonies may be used in determining moral character, but shall not constitute an absolute bar to licensure.
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(4) Has not been declared by any court of competent
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jurisdiction to be incompetent by reason of mental or physical defect or disease, unless a court has subsequently declared him or her to be competent.
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(5) Is not suffering from dependence on alcohol or
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from narcotic addiction or dependence.
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(6) Has not been dishonorably discharged from the
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armed forces of the United States.
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(7) Has passed an examination authorized by the
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(8) Submits his or her fingerprints, proof of having
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general liability insurance required under subsection (b), and the required license fee.
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(9) Has not violated Section 10‑5 of this Act.
(b) It is the responsibility of the applicant to obtain
general liability insurance in an amount and coverage
appropriate for the applicant's circumstances as determined by
rule. The applicant shall provide evidence of insurance to
the Department before being issued a license. Failure to
maintain general liability insurance and to provide the
Department with written proof of the insurance shall result in
cancellation of the license. 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 liability insurance of his or her employer.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/30‑15)
(Section scheduled to be repealed on January 1, 2014)
Sec. 30‑15.
Qualifications for licensure as a locksmith
agency.
(a) Upon receipt of the required fee and proof that the
applicant is an Illinois licensed locksmith who shall assume
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 a license as a locksmith
agency to any of the following:
(1) An individual who submits an application and is |
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a licensed locksmith under this Act.
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(2) A firm that submits an application and all of
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the members of the firm are licensed locksmiths under this Act.
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(3) A corporation or limited liability company doing
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business in Illinois that is authorized by its articles of incorporation or organization to engage in the business of conducting a locksmith agency if at least one officer or executive employee is a licensed locksmith under this Act and all unlicensed officers and directors of the corporation or limited liability company are determined by the Department to be persons of good moral character.
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(b) An individual licensed as a 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.
(c) No locksmith may be the locksmith licensee in‑charge for more than one
locksmith agency. Upon written
request by a representative of the agency, within 10 days
after the loss of a locksmith‑in‑charge of an agency because
of the death of that individual or because of the termination
of the employment of that individual, the Department shall
issue a temporary certificate of authority allowing the
continuing operation of the licensed agency. No temporary
certificate of authority 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. Not more
than 2 extensions may be granted to any agency. No temporary
permit shall be issued for loss of the licensee‑in‑charge because of
disciplinary action by
the Department related to his or her conduct on behalf of the
agency.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/30‑20)
(Section scheduled to be repealed on January 1, 2014)
Sec. 30‑20.
Training; locksmith and employees.
(a) Registered employees of a licensed locksmith agency
shall complete a minimum of 20 hours of training provided by a
qualified instructor within 30 days of their employment. The
substance of the training shall be prescribed by rule.
(b) It is the responsibility of the employer to certify,
on a form provided by the Department, that the employee has
successfully completed the training. The form shall be a
permanent record of training completed by the employee and
shall be placed in the employee's file with the employer for
the period the employee remains with the employer. An agency
may place a notarized copy of the Department form in lieu of
the original into the permanent employee registration card file. The original
form shall be
given to the employee when his or her employment is
terminated. Failure to return the original form to the
employee is grounds for disciplinary action. The employee
shall not be required to repeat the required training once the
employee has been issued the form. An employer may provide or
require additional training.
(c) Any certification of completion of the 20‑hour basic
training issued under the Private Detective, Private Alarm,
Private Security and Locksmith Act of 1993 or any prior Act
shall be accepted as proof of training under this Act.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/30‑25)
(Section scheduled to be repealed on January 1, 2014)
Sec. 30‑25.
Customer identification; record keeping.
(a) A locksmith who bypasses, manipulates, or originates
a first key by code for a device safeguarding an area where
access is meant to be limited, whether or not for
compensation, shall document where the work was performed and
the name, address, date of birth, telephone number, and
driver's license number or other identification number of the
person requesting the work to be done and shall obtain the
signature of that person. A copy of the work order form shall
be kept by the licensed locksmith for a period of 2 years and
shall include the name and license number of the locksmith or
the name and identification number of the registered employee
who performed the services. Work order forms required to be
kept under this Section
shall be available
for inspection upon written request made 3 days in
advance by a law enforcement agency.
(b) A locksmith who bypasses, manipulates, or originates
a first key for a motor vehicle, whether or not for
compensation, shall document the name, address, date of birth,
telephone number, vehicle identification number, and driver's
license number or other identification number of the person
requesting entry and obtain the signature of that person. A
copy of the work order form shall be kept by the licensed
locksmith for a period of 2 years and shall include the name
and license number of the locksmith or the name and
identification number of the registered employee who performed
the services. Work order forms required to be kept under this
Section
shall be available for inspection upon
written request made 3 days in advance by a law
enforcement agency.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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