225 ILCS 447/5-10
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 447/ - Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.|Article 5 - General Provisions

(Text of Section from P.A. 102-152)(Section scheduled to be repealed on January 1, 2024)Sec. 5-10. Definitions. As used in this Act:"Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit."Advertisement" means any public media, including printed or electronic material, that is published or displayed in a phone book,  newspaper, magazine, pamphlet, newsletter, website, or other similar type of publication or electronic format  that is  intended to either attract business or merely provide contact information to  the public for  an agency or licensee. Advertisement shall not include a licensee's or an  agency's  letterhead, business cards, or other stationery used in routine business  correspondence or  customary name, address, and number type listings in a telephone directory."Alarm system" means any system, including an electronic access control  system, a  surveillance video system, a security video system, a burglar alarm system, a  fire alarm  system, or any other electronic system that activates an audible, visible,  remote, or  recorded signal that is designed for the protection or detection of intrusion,  entry, theft,  fire, vandalism, escape, or trespass, or other electronic systems designed for the protection of life by indicating the existence of an emergency situation. "Alarm system" also includes an emergency communication system and a mass notification system."Applicant" means a person or business applying for licensure, registration, or authorization under this Act. Any applicant or person who holds himself or herself out as an applicant is considered a licensee or registrant for the purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act."Armed employee" means a licensee or registered person who is employed by an  agency licensed or an armed proprietary security force registered under this  Act who carries a weapon while engaged in the  performance  of official duties within the course and scope of his or her employment during  the hours  and times the employee is scheduled to work or is commuting between his or her  home or  place of employment."Armed proprietary security force" means a security force made up of one or  more  armed individuals employed by a commercial or industrial operation or   by a financial institution as security officers  for the  protection of persons or property."Board" means the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and  Locksmith Board."Branch office" means a business location removed from the place of business  for which an agency license has been issued, including, but not limited to,  locations where active employee records that are required to be maintained  under this Act are kept, where prospective new  employees  are processed, or where members of the public are invited in to transact  business. A  branch office does not include an office or other facility located on the  property of an  existing client that is utilized solely for the benefit of that client and is  not owned or  leased by the agency."Canine handler" means a person who uses or handles a trained dog  to protect persons or property or  to conduct investigations."Canine handler authorization card" means a card issued by the Department that authorizes  the holder to use or handle a trained dog to protect persons or property or to conduct  investigations during the performance of his or her duties as specified in this Act."Canine trainer" means a person who acts as a dog trainer for the purpose of training dogs to protect  persons or property or to conduct investigations."Canine trainer authorization card" means a card issued by the Department that authorizes the  holder to train a dog to protect persons or property or to conduct investigations during the  performance of his or her duties as specified in this Act."Canine training facility" means a facility operated by a licensed private detective agency or private  security contractor agency wherein dogs are trained for the purposes of protecting persons or property or to  conduct investigations."Corporation" means an artificial person or legal entity created by or under  the  authority of the laws of a state, including without limitation a corporation,  limited liability company, or any other legal entity."Department" means the Department of Financial and  Professional Regulation."Emergency communication system" means any system that communicates information about emergencies, including but not limited to fire, terrorist activities, shootings, other dangerous situations, accidents, and natural disasters."Employee" means a person who works for a person or agency that has the  right to  control the details of the work performed and is not dependent upon whether or  not  federal or state payroll taxes are withheld."Fingerprint vendor" means a person that offers, advertises, or provides services to fingerprint individuals, through electronic or other means, for the purpose of providing fingerprint images and associated demographic data to the Department of State Police for processing fingerprint based criminal history record information inquiries."Fingerprint vendor agency" means a person, firm, corporation, or other legal entity that engages in the fingerprint vendor business and employs, in addition to the fingerprint vendor licensee-in-charge, at least one other person in conducting that business."Fingerprint vendor licensee-in-charge" means a person who has been designated by a fingerprint vendor agency to be the licensee-in-charge of an agency who is a full-time management employee or owner who assumes sole responsibility for maintaining all records required by this Act and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in this Act. The Department shall adopt rules mandating licensee-in-charge participation in agency affairs."Fire alarm system" means any system that is activated by an automatic or  manual device in the detection of smoke, heat, or fire that activates an  audible, visible, or  remote signal requiring a response."Firearm control card" means a card issued by the Department that  authorizes  the holder, who has complied with the training and other requirements of this Act, to carry a weapon during the performance of his or her duties as  specified in  this Act."Firm" means an unincorporated business entity, including but not limited to  proprietorships and partnerships."Licensee" means a person or business licensed under this Act. Anyone who holds himself or herself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act."Locksmith" means  a person who engages in a business or holds himself out to the public as  providing a service that includes, but is not limited to, the servicing,  installing, originating first keys, re-coding, repairing, maintaining,  manipulating, or bypassing of a mechanical or electronic locking device, access  control or video surveillance system at premises, vehicles, safes, vaults, safe  deposit boxes, or automatic teller machines."Locksmith agency" means a person, firm, corporation, or other legal entity  that engages  in the  locksmith business and employs, in addition to the locksmith  licensee-in-charge, at least  one other person in conducting such business."Locksmith licensee-in-charge" means a person who has been designated by  agency to be the licensee-in-charge of an agency,  who is a  full-time management employee or owner who assumes sole responsibility  for  maintaining all records required by this Act, and who assumes sole  responsibility for  assuring the licensed agency's compliance with its responsibilities as stated  in this Act.  The Department shall adopt rules mandating licensee-in-charge  participation in agency affairs."Mass notification system" means any system that is used to provide information and instructions to people in a building or other space using voice communications, including visible signals, text, graphics, tactile, or other communication methods."Peace officer" or "police officer" means a person who, by virtue of office  or  public  employment, is vested by law with a duty to maintain public order or to make  arrests for  offenses, whether that duty extends to all offenses or is limited to specific  offenses.  Officers, agents, or employees of the federal government commissioned by  federal  statute  to make arrests for violations of federal laws are considered peace officers."Permanent employee registration card" means a card issued by the Department  to an  individual who has applied to the Department and meets the requirements for  employment by a licensed agency under this Act."Person" means a natural person."Private alarm contractor" means a person who engages in a business that  individually or through others undertakes, offers to undertake, purports to  have the  capacity to undertake, or submits a bid to sell, install, design, monitor, maintain, test, inspect,  alter, repair,  replace, or service alarm and other security-related systems or parts thereof,  including fire  alarm systems, at protected premises or premises to be protected or responds to  alarm  systems at a protected premises on an emergency basis and not as a full-time  security officer.  "Private alarm contractor" does not include a person, firm,  or  corporation that  manufactures or sells alarm systems  only from its place of business and does not sell, install, monitor, maintain,  alter, repair, replace, service, or respond to alarm systems at protected  premises or premises to be protected."Private alarm contractor agency" means a person, corporation, or other  entity  that  engages in the private alarm contracting business and employs, in addition to  the private  alarm contractor-in-charge, at least one other person in conducting such  business."Private alarm contractor licensee-in-charge" means a person who has been  designated by an  agency to be the licensee-in-charge of an agency, who is a full-time management  employee or owner who  assumes sole  responsibility for maintaining all records required by this Act, and who  assumes  sole  responsibility for assuring the licensed agency's compliance with its  responsibilities as  stated in this Act.  The Department shall adopt rules mandating licensee-in-charge participation in  agency affairs."Private detective" means any person who by any means, including, but not  limited to, manual, canine odor detection,  or electronic methods, engages in the business of, accepts  employment  to furnish, or agrees to make or makes investigations for a fee or other  consideration to  obtain information relating to:(1) Crimes or wrongs done or threatened against the     United States, any state or territory of the United States, or any local government of a state or territory.(2) The identity, habits, conduct, business     occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person, firm, or other entity by any means, manual or electronic.(3) The location, disposition, or recovery of lost or     stolen property.(4) The cause, origin, or responsibility for fires,     accidents, or injuries to individuals or real or personal property.(5) The truth or falsity of any statement or     representation.(6) Securing evidence to be used before any court,     board, or investigating body.(7) The protection of individuals from bodily harm or     death (bodyguard functions).(8) Service of process in criminal and civil     proceedings."Private detective agency" means a person, firm, corporation, or other legal  entity that engages  in the  private detective business and employs, in addition to the licensee-in-charge,  one or more  persons in conducting such business."Private detective licensee-in-charge" means a person who has been designated  by an agency  to be the licensee-in-charge of an  agency,  who is a full-time management employee or owner  who assumes sole  responsibility  for  maintaining all records required by this Act, and who assumes sole  responsibility  for assuring  the licensed agency's compliance with its responsibilities as stated in this  Act.  The Department shall adopt rules mandating licensee-in-charge  participation in agency affairs."Private security contractor" means a person who engages in the business of  providing a private security officer, watchman, patrol, guard dog, canine odor detection, or a similar service by  any other  title or name on a contractual basis for another person, firm, corporation, or  other entity  for a fee or other consideration and performing one or more of the following  functions:(1) The prevention or detection of intrusion, entry,     theft, vandalism, abuse, fire, or trespass on private or governmental property.(2) The prevention, observation, or detection of any     unauthorized activity on private or governmental property.(3) The protection of persons authorized to be on the     premises of the person, firm, or other entity for which the security contractor contractually provides security services.(4) The prevention of the misappropriation or     concealment of goods, money, bonds, stocks, notes, documents, or papers.(5) The control, regulation, or direction of the     movement of the public for the time specifically required for the protection of property owned or controlled by the client.(6) The protection of individuals from bodily harm or     death (bodyguard functions)."Private security contractor agency" means a person, firm, corporation, or  other legal entity that  engages in  the private security contractor business and that employs, in addition to the  licensee-in-charge, one or more persons in conducting such business."Private security contractor licensee-in-charge" means a person who has been  designated by an agency to be the  licensee-in-charge of an  agency, who is a full-time management employee or owner  who assumes sole responsibility for maintaining all records required by this  Act, and who  assumes sole responsibility for assuring the licensed agency's compliance with  its  responsibilities as  stated in this Act.  The Department shall adopt rules mandating  licensee-in-charge participation in agency affairs."Public member" means a person who is not a licensee or related to a  licensee, or who is not an employer or employee of a licensee.  The term  "related to" shall be determined by the rules of the Department."Secretary" means the Secretary of the Department of Financial and Professional Regulation.  (Source: P.A. 102-152, eff. 1-1-22.)(Text of Section from P.A. 102-538)(Section scheduled to be repealed on January 1, 2024)Sec. 5-10. Definitions. As used in this Act:"Address of record" means the designated address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure maintenance unit."Advertisement" means any public media, including printed or electronic material, that is published or displayed in a phone book,  newspaper, magazine, pamphlet, newsletter, website, or other similar type of publication or electronic format  that is  intended to either attract business or merely provide contact information to  the public for  an agency or licensee. Advertisement shall not include a licensee's or an  agency's  letterhead, business cards, or other stationery used in routine business  correspondence or  customary name, address, and number type listings in a telephone directory."Alarm system" means any system, including an electronic access control  system, a  surveillance video system, a security video system, a burglar alarm system, a  fire alarm  system, or any other electronic system that activates an audible, visible,  remote, or  recorded signal that is designed for the protection or detection of intrusion,  entry, theft,  fire, vandalism, escape, or trespass, or other electronic systems designed for the protection of life by indicating the existence of an emergency situation. "Alarm system" also includes an emergency communication system and a mass notification system."Applicant" means a person or business applying for licensure, registration, or authorization under this Act. Any applicant or person who holds himself or herself out as an applicant is considered a licensee or registrant for the purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act."Armed employee" means a licensee or registered person who is employed by an  agency licensed or an armed proprietary security force registered under this  Act who carries a weapon while engaged in the  performance  of official duties within the course and scope of his or her employment during  the hours  and times the employee is scheduled to work or is commuting between his or her  home or  place of employment."Armed proprietary security force" means a security force made up of one or  more  armed individuals employed by a commercial or industrial operation or   by a financial institution as security officers  for the  protection of persons or property."Board" means the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and  Locksmith Board."Branch office" means a business location removed from the place of business  for which an agency license has been issued, including, but not limited to,  locations where active employee records that are required to be maintained  under this Act are kept, where prospective new  employees  are processed, or where members of the public are invited in to transact  business. A  branch office does not include an office or other facility located on the  property of an  existing client that is utilized solely for the benefit of that client and is  not owned or  leased by the agency."Canine handler" means a person who uses or handles a trained dog  to protect persons or property or  to conduct investigations."Canine handler authorization card" means a card issued by the Department that authorizes  the holder to use or handle a trained dog to protect persons or property or to conduct  investigations during the performance of his or her duties as specified in this Act."Canine trainer" means a person who acts as a dog trainer for the purpose of training dogs to protect  persons or property or to conduct investigations."Canine trainer authorization card" means a card issued by the Department that authorizes the  holder to train a dog to protect persons or property or to conduct investigations during the  performance of his or her duties as specified in this Act."Canine training facility" means a facility operated by a licensed private detective agency or private  security contractor agency wherein dogs are trained for the purposes of protecting persons or property or to  conduct investigations."Corporation" means an artificial person or legal entity created by or under  the  authority of the laws of a state, including without limitation a corporation,  limited liability company, or any other legal entity."Department" means the Department of Financial and  Professional Regulation."Emergency communication system" means any system that communicates information about emergencies, including but not limited to fire, terrorist activities, shootings, other dangerous situations, accidents, and natural disasters."Employee" means a person who works for a person or agency that has the  right to  control the details of the work performed and is not dependent upon whether or  not  federal or state payroll taxes are withheld."Fingerprint vendor" means a person that offers, advertises, or provides services to fingerprint individuals, through electronic or other means, for the purpose of providing fingerprint images and associated demographic data to the Illinois State Police for processing fingerprint based criminal history record information inquiries."Fingerprint vendor agency" means a person, firm, corporation, or other legal entity that engages in the fingerprint vendor business and employs, in addition to the fingerprint vendor licensee-in-charge, at least one other person in conducting that business."Fingerprint vendor licensee-in-charge" means a person who has been designated by a fingerprint vendor agency to be the licensee-in-charge of an agency who is a full-time management employee or owner who assumes sole responsibility for maintaining all records required by this Act and who assumes sole responsibility for assuring the licensed agency's compliance with its responsibilities as stated in this Act. The Department shall adopt rules mandating licensee-in-charge participation in agency affairs."Fire alarm system" means any system that is activated by an automatic or  manual device in the detection of smoke, heat, or fire that activates an  audible, visible, or  remote signal requiring a response."Firearm control card" means a card issued by the Department that  authorizes  the holder, who has complied with the training and other requirements of this Act, to carry a weapon during the performance of his or her duties as  specified in  this Act."Firm" means an unincorporated business entity, including but not limited to  proprietorships and partnerships."Licensee" means a person or business licensed under this Act. Anyone who holds himself or herself out as a licensee or who is accused of unlicensed practice is considered a licensee for purposes of enforcement, investigation, hearings, and the Illinois Administrative Procedure Act."Locksmith" means  a person who engages in a business or holds himself out to the public as  providing a service that includes, but is not limited to, the servicing,  installing, originating first keys, re-coding, repairing, maintaining,  manipulating, or bypassing of a mechanical or electronic locking device, access  control or video surveillance system at premises, vehicles, safes, vaults, safe  deposit boxes, or automatic teller machines."Locksmith agency" means a person, firm, corporation, or other legal entity  that engages  in the  locksmith business and employs, in addition to the locksmith  licensee-in-charge, at least  one other person in conducting such business."Locksmith licensee-in-charge" means a person who has been designated by  agency to be the licensee-in-charge of an agency,  who is a  full-time management employee or owner who assumes sole responsibility  for  maintaining all records required by this Act, and who assumes sole  responsibility for  assuring the licensed agency's compliance with its responsibilities as stated  in this Act.  The Department shall adopt rules mandating licensee-in-charge  participation in agency affairs."Mass notification system" means any system that is used to provide information and instructions to people in a building or other space using voice communications, including visible signals, text, graphics, tactile, or other communication methods."Peace officer" or "police officer" means a person who, by virtue of office  or  public  employment, is vested by law with a duty to maintain public order or to make  arrests for  offenses, whether that duty extends to all offenses or is limited to specific  offenses.  Officers, agents, or employees of the federal government commissioned by  federal  statute  to make arrests for violations of federal laws are considered peace officers."Permanent employee registration card" means a card issued by the Department  to an  individual who has applied to the Department and meets the requirements for  employment by a licensed agency under this Act."Person" means a natural person."Private alarm contractor" means a person who engages in a business that  individually or through others undertakes, offers to undertake, purports to  have the  capacity to undertake, or submits a bid to sell, install, design, monitor, maintain,  alter, repair,  replace, or service alarm and other security-related systems or parts thereof,  including fire  alarm systems, at protected premises or premises to be protected or responds to  alarm  systems at a protected premises on an emergency basis and not as a full-time  security officer.  "Private alarm contractor" does not include a person, firm,  or  corporation that  manufactures or sells alarm systems  only from its place of business and does not sell, install, monitor, maintain,  alter, repair, replace, service, or respond to alarm systems at protected  premises or premises to be protected."Private alarm contractor agency" means a person, corporation, or other  entity  that  engages in the private alarm contracting business and employs, in addition to  the private  alarm contractor-in-charge, at least one other person in conducting such  business."Private alarm contractor licensee-in-charge" means a person who has been  designated by an  agency to be the licensee-in-charge of an agency, who is a full-time management  employee or owner who  assumes sole  responsibility for maintaining all records required by this Act, and who  assumes  sole  responsibility for assuring the licensed agency's compliance with its  responsibilities as  stated in this Act.  The Department shall adopt rules mandating licensee-in-charge participation in  agency affairs."Private detective" means any person who by any means, including, but not  limited to, manual, canine odor detection,  or electronic methods, engages in the business of, accepts  employment  to furnish, or agrees to make or makes investigations for a fee or other  consideration to  obtain information relating to:(1) Crimes or wrongs done or threatened against the     United States, any state or territory of the United States, or any local government of a state or territory.(2) The identity, habits, conduct, business     occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person, firm, or other entity by any means, manual or electronic.(3) The location, disposition, or recovery of lost or     stolen property.(4) The cause, origin, or responsibility for fires,     accidents, or injuries to individuals or real or personal property.(5) The truth or falsity of any statement or     representation.(6) Securing evidence to be used before any court,     board, or investigating body.(7) The protection of individuals from bodily harm or     death (bodyguard functions).(8) Service of process in criminal and civil     proceedings."Private detective agency" means a person, firm, corporation, or other legal  entity that engages  in the  private detective business and employs, in addition to the licensee-in-charge,  one or more  persons in conducting such business."Private detective licensee-in-charge" means a person who has been designated  by an agency  to be the licensee-in-charge of an  agency,  who is a full-time management employee or owner  who assumes sole  responsibility  for  maintaining all records required by this Act, and who assumes sole  responsibility  for assuring  the licensed agency's compliance with its responsibilities as stated in this  Act.  The Department shall adopt rules mandating licensee-in-charge  participation in agency affairs."Private security contractor" means a person who engages in the business of  providing a private security officer, watchman, patrol, guard dog, canine odor detection, or a similar service by  any other  title or name on a contractual basis for another person, firm, corporation, or  other entity  for a fee or other consideration and performing one or more of the following  functions:(1) The prevention or detection of intrusion, entry,     theft, vandalism, abuse, fire, or trespass on private or governmental property.(2) The prevention, observation, or detection of any     unauthorized activity on private or governmental property.(3) The protection of persons authorized to be on the     premises of the person, firm, or other entity for which the security contractor contractually provides security services.(4) The prevention of the misappropriation or     concealment of goods, money, bonds, stocks, notes, documents, or papers.(5) The control, regulation, or direction of the     movement of the public for the time specifically required for the protection of property owned or controlled by the client.(6) The protection of individuals from bodily harm or     death (bodyguard functions)."Private security contractor agency" means a person, firm, corporation, or  other legal entity that  engages in  the private security contractor business and that employs, in addition to the  licensee-in-charge, one or more persons in conducting such business."Private security contractor licensee-in-charge" means a person who has been  designated by an agency to be the  licensee-in-charge of an  agency, who is a full-time management employee or owner  who assumes sole responsibility for maintaining all records required by this  Act, and who  assumes sole responsibility for assuring the licensed agency's compliance with  its  responsibilities as  stated in this Act.  The Department shall adopt rules mandating  licensee-in-charge participation in agency affairs."Public member" means a person who is not a licensee or related to a  licensee, or who is not an employer or employee of a licensee.  The term  "related to" shall be determined by the rules of the Department."Secretary" means the Secretary of the Department of Financial and Professional Regulation.  (Source: P.A. 102-538, eff. 8-20-21.)