2023 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 50 - Administrative Provisions

(225 ILCS 447/Art. 50 heading)
ARTICLE 50.  
		ADMINISTRATIVE PROVISIONS
(Article scheduled to be repealed on January 1, 2029)
(225 ILCS 447/50-5)
(Section scheduled to be repealed on January 1, 2029)
Sec. 50-5. Personnel; investigators. The Secretary 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 the person's 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. 103-309, eff. 1-1-24.)
(225 ILCS 447/50-10)
(Section scheduled to be repealed on January 1, 2029)
Sec. 50-10. The Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Board.
(a) The Private Detective, Private
Alarm, Private Security, Fingerprint Vendor, and Locksmith Board shall consist of
13 members appointed by the Secretary and comprised of 2
licensed private detectives, 3 licensed private security
contractors, one licensed private detective or licensed private security contractor who provides canine odor detection services, 2 licensed private alarm contractors, one licensed fingerprint vendor, 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 Secretary 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.
(c) A member of the Board may be removed for cause. A
member subject to formal disciplinary proceedings shall
disqualify oneself from all Board business until
the charge is resolved. A member also shall disqualify
oneself 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 annually.
(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. 103-309, eff. 1-1-24.)
(225 ILCS 447/50-15)
(Section scheduled to be repealed on January 1, 2029)
Sec. 50-15. Powers and duties of the Department. Subject to the provisions of this Act, the Department may exercise the following powers and duties:
(1) Prescribe forms to be issued for the     administration and enforcement of this Act.
(2) Authorize examinations to ascertain the     qualifications and fitness of applicants for licensing as a locksmith, private alarm contractor, private detective, or private security contractor and pass upon the qualifications of applicants for licensure.
(3) Examine the records of licensees or investigate     any other aspect of fingerprint vending, locksmithing, private alarm contracting, private security contracting, or practicing as a private detective  that is relevant to the Department's investigation or hearing.
(4) Conduct hearings on proceedings to refuse to     issue or renew licenses or to revoke, suspend, place on probation, reprimand, or otherwise discipline a license under this Act or take other non-disciplinary action.
(5) Adopt rules required for the administration of     this Act.
(6) (Blank).
(Source: P.A. 103-309, eff. 1-1-24.)
(225 ILCS 447/50-20)
(Section scheduled to be repealed on January 1, 2029)
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.
(Source: P.A. 103-309, eff. 1-1-24.)
(225 ILCS 447/50-25)
(Section scheduled to be repealed on January 1, 2029)
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, fingerprint vending, 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. 95-613, eff. 9-11-07.)
(225 ILCS 447/50-30)
(Section scheduled to be repealed on January 1, 2029)
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. Applicants for examination shall be required to pay a fee to either the Department or the designated testing service to cover the cost of providing the examination.  If an applicant fails to appear for the examination on the scheduled date at the time and place specified by the Department or designated testing service, then the applicant's examination fee shall be forfeited. 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. 96-1445, eff. 8-20-10.)
(225 ILCS 447/50-35)
Sec. 50-35. (Repealed).
(Source: P.A. 93-438, eff. 8-5-03. Repealed by P.A. 103-309, eff. 1-1-24.)
(225 ILCS 447/50-40)
(Section scheduled to be repealed on January 1, 2029)
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.)
(225 ILCS 447/50-45)
(Section scheduled to be repealed on January 1, 2029)
Sec. 50-45. Illinois Administrative Procedure Act; application.   The Illinois Administrative Procedure Act is expressly adopted and incorporated in this Act as if all of the provisions of that Act were included in this Act, except that the provision of paragraph (d) of Section 10-65 of the Illinois Administrative Procedure Act, which provides that at hearings the registrant or licensee has the right to show compliance with all lawful requirements for retention or continuation or renewal of the license, is specifically excluded.  For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is considered sufficient when mailed to the address of record or sent electronically to the email address of record or, if in the course of the administrative
proceeding the party has previously designated a specific
email address at which to accept electronic service for that
specific proceeding, by sending a copy by email to the party's
email address on record.
(Source: P.A. 103-309, eff. 1-1-24.)
(225 ILCS 447/50-50)
(Section scheduled to be repealed on January 1, 2029)
Sec. 50-50. Confidentiality.  All information collected by the
Department in the course of an examination or investigation of a licensee or
applicant, including, but not limited to, any complaint against a licensee
filed with the Department and information collected to investigate any such
complaint, shall be maintained for the confidential use of the Department and
shall not be disclosed. The Department shall not disclose the information to
anyone other than law enforcement officials, regulatory agencies that have an
appropriate regulatory interest as determined by the Secretary, or a party
presenting a lawful subpoena to the Department. Information and documents
disclosed to a federal, State, county, or local law enforcement agency shall
not be disclosed by the agency for any purpose to any other agency or person.
A formal complaint filed against a licensee by the Department or any order
issued by the Department against a licensee or applicant shall be a public
record, except as otherwise prohibited by law.
(Source: P.A. 98-253, eff. 8-9-13.)