2010 Illinois Code CHAPTER 225 PROFESSIONS AND OCCUPATIONS 225 ILCS 447/ Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Article 30 - Locksmiths
(225 ILCS 447/Art. 30 heading)
ARTICLE 30. LOCKSMITHS.
(Article scheduled to be repealed on January 1, 2014)
(225 ILCS 447/30‑5) (Section scheduled to be repealed on January 1, 2014) Sec. 30‑5.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,
repair, or rebuild automobile locks.
(2) Police officers, firefighters, or municipal
employees who open a lock in an emergency situation.
(3) A retail merchant selling locks or similar
security accessories, duplicating keys, or installing, programming, repairing, maintaining, reprogramming, rebuilding, or servicing electronic garage door devices.
(4) A member of the building trades who installs or
removes complete locks or locking devices in the course of residential or commercial new construction or remodeling.
(5) An employee of a towing service, repossessor, or
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.
(6) A student in the course of study in locksmith
programs approved by the Department.
(7) Warranty service by a lock manufacturer or its
employees on the manufacturer's own products.
(8) A maintenance employee of a property management
company at a multi‑family residential building who services, installs, repairs, or opens locks for tenants.
(9) A person employed exclusively by only one
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.
(10) Persons who have no access to confidential or
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.
(Source: P.A. 93‑438, eff. 8‑5‑03.)
(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
jurisdiction or at least 10 years have elapsed since the time of full discharge from a sentence imposed for a felony conviction.
(3) Is of good moral character. Good moral character
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.
(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 subsequently declared him or her to be competent.
(5) Is not suffering from dependence on alcohol or
from narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the
armed forces of the United States.
(7) Has passed an examination authorized by the
Department.
(8) Submits his or her fingerprints, proof of having
general liability insurance required under subsection (b), and the required license fee.
(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.)
(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
a licensed locksmith under this Act.
(2) A firm that submits an application and all of
the members of the firm are licensed locksmiths under this Act.
(3) A corporation or limited liability company doing
business in Illinois that is authorized 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.
(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 and registers under the Assumed Business Name Act. (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. 95‑613, eff. 9‑11‑07.)
(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.)
(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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