2005 Illinois Code - 225 ILCS 447/ Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004. Article 50 - Administrative Provisions
225 ILCS 447/Art. 50 heading
ARTICLE 50.
ADMINISTRATIVE PROVISIONS
(225 ILCS 447/50‑5)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50‑5.
Personnel; investigators.
The Director shall
employ, pursuant to the Personnel Code, personnel, on a full‑time or part‑time
basis, for the enforcement of this
Act. Each investigator shall have a minimum of 2 years
investigative experience out of the immediately preceding 5
years. No investigator may hold an active license issued
pursuant to this Act, nor may an investigator have a financial
interest in a business licensed under this Act. This
prohibition, however, does not apply to an investigator
holding stock in a business licensed under this Act, provided
the investigator does not hold more than 5% of the stock in
the business. Any person licensed under this Act who is
employed by the Department shall surrender his or her license
to the Department for the duration of that employment. The
licensee shall be exempt from all renewal fees while employed.
While employed by the Department, the licensee is not required
to maintain the general liability insurance coverage required
by this Act.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/50‑10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50‑10.
The Private Detective,
Private Alarm, Private Security, and Locksmith Board.
(a) The Private Detective, Private
Alarm, Private Security, and Locksmith Board shall consist of
11 members appointed by the Director and comprised of 2
licensed private detectives, 3 licensed private security
contractors, 2 licensed private alarm contractors, 2 licensed
locksmiths, one public member who is not licensed or
registered under this Act and who has no connection with a
business licensed under this Act, and one member representing
the employees registered under this Act. Each member shall be
a resident of Illinois. Each licensed member shall have at
least 5 years experience as a licensee in the professional
area in which the person is licensed and be in good standing
and actively engaged in that profession. In making
appointments, the Director shall consider the recommendations
of the professionals and the professional organizations
representing the licensees. The membership shall reasonably
reflect the different geographic areas in Illinois.
(b) Members shall serve 4 year terms and may serve until
their successors are appointed. No member shall serve for
more than 2 successive terms. Appointments to fill vacancies
shall be made in the same manner as the original appointments
for the unexpired portion of the vacated term. Members of the
Board in office on the effective date of this Act pursuant to
the Private Detective, Private Alarm, Private Security, and
Locksmith Act of 1993 shall serve for the duration of their
terms and may be appointed for one additional term.
(c) A member of the Board may be removed for cause. A
member subject to formal disciplinary proceedings shall
disqualify himself or herself from all Board business until
the charge is resolved. A member also shall disqualify
himself or herself from any matter on which the member cannot
act objectively.
(d) Members shall receive compensation as set by law.
Each member shall receive reimbursement as set by the
Governor's Travel Control Board for expenses incurred in
carrying out the duties as a Board member.
(e) A majority of Board members constitutes a quorum. A
majority vote of the quorum is required for a decision.
(f) The Board shall elect a chairperson and vice
chairperson.
(g) Board members are not liable for their acts,
omissions, decisions, or other conduct in connection with
their duties on the Board, except those determined to be
willful, wanton, or intentional misconduct.
(h) The Board may recommend policies, procedures, and
rules relevant to the administration and enforcement of this
Act.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/50‑15)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50‑15.
Powers and duties of the Department.
(a) The Department shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois and
shall exercise all other powers and duties set forth in this
Act.
(b) The Director shall prescribe forms to be issued for
the administration and enforcement of this Act.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/50‑20)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50‑20.
Rules.
The Department may promulgate rules
for the administration and enforcement of this Act. The rules
shall include standards for registration, licensure,
professional conduct, and discipline. The Department shall
consult with the Board prior to promulgating any rule.
Proposed rules shall be transmitted, prior to publication in
the Illinois Register, to the Board and the Department shall
review the Board's recommendations and shall notify the Board
with an explanation of any deviations from the Board's
recommendations.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/50‑25)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50‑25.
Home rule.
Pursuant to paragraph (h) of
Section 6 of Article VII of the Illinois Constitution of 1970,
the power to regulate the private detective, private security,
private alarm, or locksmith business or their employees shall
be exercised exclusively by the State and may not be exercised
by any unit of local government, including home rule units.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/50‑30)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50‑30.
Fees; deposit of fees and fines.
The
Department shall by rule provide for fees for the
administration and enforcement of this Act, and those fees are
nonrefundable. All of the fees and fines collected under this
Act shall be deposited into the General Professions Dedicated
Fund and be appropriated to the Department for the ordinary
and contingent expenses of the Department in the
administration and enforcement of this Act.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/50‑35)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50‑35.
Rosters.
The Department shall, upon request
and payment of the fee, provide a list of the names and
addresses of all licensees under this Act.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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(225 ILCS 447/50‑40)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50‑40.
Rights and obligations.
All rights and
obligations incurred and any actions commenced under the
Private Detective, Private Alarm, Private Security, and
Locksmith Act of 1993 shall not be impaired by the enactment
of this Act. Rules adopted under the Private Detective,
Private Alarm, Private Security, and Locksmith Act of 1993,
unless inconsistent with this Act, shall remain in effect
until amended or revoked. All licenses issued by the
Department permitting the holder to act as a private
detective, private detective agency, private security
contractor, private security contractor agency, private alarm
contractor, private alarm contractor agency, locksmith, or
locksmith agency that are valid on the effective date of this
Act shall be considered valid under this Act.
All licenses issued under the Private Detective, Private
Alarm, Private Security, and Locksmith Act of 1993 are valid and
are subject to the same authority of the Department to revoke
or suspend them as licenses issued under this Act.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
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