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92_HB5857 LRB9215054ACcdA 1 AN ACT concerning the regulation of professions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Private Detective, Private Alarm, 5 Private Security, and Locksmith Act of 1993 is amended by 6 changing Section 30 as follows: 7 (225 ILCS 446/30) 8 (Section scheduled to be repealed on December 31, 2003) 9 Sec. 30. Exemptions. 10 (a) This Act does not apply to: 11 (1) An officer or employee of the United States, 12 this State, or any political subdivision of either while 13 the officer or employee is engaged in the performance of 14 his or her official duties within the course and scope of 15 his or her employment with the United States, this State, 16 or any political subdivision of either. However, any 17 person who offers his or her services as a private 18 detective or private security contractor, or any title 19 when similar services are performed for compensation, 20 fee, or other valuable consideration, whether received 21 directly or indirectly, is subject to this Act and its 22 licensing requirements. 23 (2) An attorney-at-law licensed to practice in 24 Illinois while engaging in the practice of law. 25 (3) A person engaged exclusively in the business of 26 obtaining and furnishing information as to the financial 27 rating or credit worthiness of persons; and a person who 28 provides consumer reports in connection with: 29 (i) Credit transactions involving the consumer 30 on whom the information is to be furnished and 31 involving the extensions of credit to the consumer. -2- LRB9215054ACcdA 1 (ii) Information for employment purposes. 2 (iii) Information for the underwriting of 3 insurance involving the consumer. 4 For the purposes of this item (3), "consumer report" 5 means a written, oral, or other communication of any 6 information by a consumer reporting agency bearing on a 7 consumer's credit worthiness, credit standing, credit 8 capacity, character, general reputation, personal 9 characteristics, or mode of living that is used or 10 expected to be used or collected in whole or in part for 11 the purpose of serving as a factor in establishing the 12 consumer's eligibility for employment. 13 (4) Insurance adjusters legally employed or under 14 contract as adjusters and who engage in no other 15 investigative activities other than those directly 16 connected with adjustment of claims against an insurance 17 company or self-insured by which they are employed or 18 with which they have a contract. No insurance adjuster 19 or company may utilize the term "investigation" or any 20 derivative thereof in its company name or in its 21 advertising other than for the handling of insurance 22 claims. 23 For the purposes of this Code, "insurance adjuster" 24 includes any person expressly authorized to act on behalf 25 of an insurance company or self-insured and any employee 26 thereof who acts or appears to act on behalf of the 27 insurance company or self-insured in matters relating to 28 claims, including but not limited to independent 29 contractors while performing claim services at the 30 direction of the company. 31 (5) A person engaged exclusively and employed by a 32 person, firm, association, or corporation in the business 33 of transporting persons or property in interstate 34 commerce and making an investigation related to the -3- LRB9215054ACcdA 1 business of that employer. 2 (6) Any person, watchman, or guard employed 3 exclusively and regularly by one employer in connection 4 with the affairs of that employer only and there exists 5 an employer/employee relationship. 6 (7) Any law enforcement officer, as defined in the 7 Illinois Police Training Act, who has successfully 8 completed the requirements of basic law enforcement and 9 firearms training as prescribed by the Illinois Law 10 Enforcement Training Standards Board, employed by an 11 employer in connection with the affairs of that employer, 12 provided he or she is exclusively employed by the 13 employer during the hours or times he or she is scheduled 14 to work for that employer, and there exists an employer 15 and employee relationship. 16 In this subsection an "employee" is a person who is 17 employed by an employer who has the right to control and 18 direct the employee who performs the services in 19 question, not only as to the result to be accomplished by 20 the work, but also as to the details and means by which 21 the result is to be accomplished; and an "employer" is 22 any person or entity, with the exception of a private 23 detective, private detective agency, private security 24 contractor, private security contractor agency, private 25 alarm contractor, or private alarm contractor agency, 26 whose purpose it is to hire persons to perform the 27 business of a private detective, private detective 28 agency, private security contractor, private security 29 contractor agency, private alarm contractor, or private 30 alarm contractor agency. 31 (8) A person who sells burglar alarm systems and 32 does not install, monitor, maintain, alter, repair, 33 service, or respond to burglar alarm systems at protected 34 premises or premises to be protected, provided: -4- LRB9215054ACcdA 1 (i) The burglar alarm systems are 2 approved either by Underwriters Laboratories or 3 another authoritative source recognized by the 4 Department and are identified by a federally 5 registered trademark. 6 (ii) The owner of the trademark has 7 expressly authorized the person to sell the 8 trademark owner's products, and the person 9 provides proof of this authorization upon the 10 request of the Department. 11 (iii) The owner of the trademark 12 maintains, and provides upon the Department's 13 request, a certificate evidencing insurance for 14 bodily injury or property damage arising from 15 faulty or defective products in an amount not 16 less than $1,000,000 combined single limit; 17 provided that the policy of insurance need not 18 relate exclusively to burglar alarm systems. 19 (9) A person who sells, installs, maintains, or 20 repairs automobile alarm systems. 21 (9-5) A person, firm, or corporation engaged solely 22 and exclusively in tracing and compiling lineage or 23 ancestry. 24 (10) A person employed as either an armed or 25 unarmed security guard at a nuclear energy, storage, 26 weapons or development site or facility regulated by the 27 Nuclear Regulatory Commission who has completed the 28 background screening and training mandated by the rules 29 and regulations of the Nuclear Regulatory Commission. 30 (b) Nothing in this Act prohibits any of the following: 31 (A) Servicing, installing, repairing, or rebuilding 32 automotive locks by automotive service dealers, as long 33 as they do not hold themselves out to the public as 34 locksmiths. -5- LRB9215054ACcdA 1 (B) Police, fire, or other municipal employees from 2 opening a lock in an emergency situation, as long as they 3 do not hold themselves out to the public as locksmiths. 4 (C) Any merchant or retail or hardware store from 5 duplicating keys, from installing, servicing, repairing, 6 rebuilding, reprogramming, or maintaining electronic 7 garage door devices or from selling locks or similar 8 security accessories not prohibited from sale by the 9 State of Illinois, as long as they do not hold themselves 10 out to the public as locksmiths. 11 (D) The installation or removal of complete locks 12 or locking devices by members of the building trades when 13 doing so in the course of residential or commercial new 14 construction or remodeling, as long as they do not hold 15 themselves out to the public as locksmiths. 16 (E) The employees of towing services, repossessors, 17 or auto clubs from opening automotive locks in the normal 18 course of their duties, as long as they do not hold 19 themselves out to the public as locksmiths. Additionally, 20 this Act shall not prohibit employees of towing services 21 from opening motor vehicle locks to enable a vehicle to 22 be moved without towing, provided that the towing service 23 does not hold itself out to the public, by yellow page 24 advertisement, through a sign at the facilities of the 25 towing service, or by any other advertisement, as a 26 locksmith. 27 (F) The practice of locksmithing by students in the 28 course of study in programs approved by the Department, 29 provided that the students do not hold themselves out to 30 the public as locksmiths. 31 (G) Servicing, installing, repairing, or rebuilding 32 locks by a lock manufacturer or anyone employed by a lock 33 manufacturer, as long as they do not hold themselves out 34 to the public as locksmiths. -6- LRB9215054ACcdA 1 (H) The provision of any of the products or 2 services in the practice of locksmithing as identified in 3 Section 5 of this Act by a business licensed by the State 4 of Illinois as a private alarm contractor or private 5 alarm contractor agency, as long as the principal purpose 6 of the services provided to a customer is not the 7 practice of locksmithing and the business does not hold 8 itself out to the public as a locksmith agency. 9 (I) Any maintenance employee of a property 10 management company at a multi-family residential building 11 from servicing, installing, repairing, or opening locks 12 for tenants as long as the maintenance employee does not 13 hold himself or herself out to the public as a locksmith. 14 (J) A person, firm, or corporation from engaging in 15 fire protection engineering, including the design, 16 testing, and inspection of fire protection systems. 17 (K) The practice of professional engineering as 18 defined in the Professional Engineering Practice Act of 19 1989. 20 (L) The practice of structural engineering as 21 defined in the Structural Engineering Practice Act of 22 1989. 23 (M) The practice of architecture as defined in the 24 Illinois Architecture Practice Act of 1989. 25 (N) The activities of persons or firms licensed 26 under the Illinois Public Accounting Act if performed in 27 the course of their professional practice. 28 (c) This Act does not prohibit any persons legally 29 regulated in this State under any other Act from engaging in 30 the practice for which they are licensed, provided that they 31 do not represent themselves by any title prohibited by this 32 Act. 33 (Source: P.A. 91-91, eff. 1-1-00; 91-287, eff. 1-1-00; 92-16, 34 eff. 6-28-01.) -7- LRB9215054ACcdA 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
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