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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB1951eng SB1951 Engrossed LRB9214087ACcd 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Locksmith Act of 1993 is amended by 6 changing Section 30 as follows: 7 (225 ILCS 446/30) 8 (Section scheduled to be repealed on December 31, 2003) 9 Sec. 30.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. SB1951 Engrossed -2- LRB9214087ACcd 1 (ii) Information for employment purposes. 2 (iii) Information for the underwriting of 3 insurance involving the consumer. 4 (4) Insurance adjusters legally employed or under 5 contract as adjusters and who engage in no other 6 investigative activities other than those directly 7 connected with adjustment of claims against an insurance 8 company or self-insured by which they are employed or 9 with which they have a contract. No insurance adjuster 10 or company may utilize the term "investigation" or any 11 derivative thereof in its company name or in its 12 advertising other than for the handling of insurance 13 claims. 14 For the purposes of this Code, "insurance adjuster" 15 includes any person expressly authorized to act on behalf 16 of an insurance company or self-insured and any employee 17 thereof who acts or appears to act on behalf of the 18 insurance company or self-insured in matters relating to 19 claims, including but not limited to independent 20 contractors while performing claim services at the 21 direction of the company. 22 (5) A person engaged exclusively and employed by a 23 person, firm, association, or corporation in the business 24 of transporting persons or property in interstate 25 commerce and making an investigation related to the 26 business of that employer. 27 (6) Any person, watchman, or guard employed 28 exclusively and regularly by one employer in connection 29 with the affairs of that employer only and there exists 30 an employer/employee relationship. 31 (7) Any law enforcement officer, as defined in the 32 Illinois Police Training Act, who is certified as a 33 permanent police officerhas successfully completed the34requirements of basic law enforcement and firearmsSB1951 Engrossed -3- LRB9214087ACcd 1training as prescribedby the Illinois Law Enforcement 2 Training Standards Board, while he or she is employed as 3 a security officer by an employer in connection with the 4 affairs of that employer, provided he or she is 5 exclusively employed by the employer during the hours or 6 times he or she is scheduled to work for that employer, 7 regardless of whether there exists an employer and 8 employee relationship or an independent contractor 9 relationship, and the officer has written authorization 10 from his or her employing police department for such 11 employmentand there exists an employer and employee12relationship. 13 In this subsection an "employee" is a person who is 14 employed by an employer who has the right to control and 15 direct the employee who performs the services in 16 question, not only as to the result to be accomplished by 17 the work, but also as to the details and means by which 18 the result is to be accomplished; and an "employer" is 19 any person or entity, with the exception of a private 20 detective, private detective agency, private security 21 contractor, private security contractor agency, private 22 alarm contractor, or private alarm contractor agency, 23 whose purpose it is to hire persons to perform the 24 business of a private detective, private detective 25 agency, private security contractor, private security 26 contractor agency, private alarm contractor, or private 27 alarm contractor agency. 28 (8) A person who sells burglar alarm systems and 29 does not install, monitor, maintain, alter, repair, 30 service, or respond to burglar alarm systems at protected 31 premises or premises to be protected, provided: 32 (i) The burglar alarm systems are 33 approved either by Underwriters Laboratories or 34 another authoritative source recognized by the SB1951 Engrossed -4- LRB9214087ACcd 1 Department and are identified by a federally 2 registered trademark. 3 (ii) The owner of the trademark has 4 expressly authorized the person to sell the 5 trademark owner's products, and the person 6 provides proof of this authorization upon the 7 request of the Department. 8 (iii) The owner of the trademark 9 maintains, and provides upon the Department's 10 request, a certificate evidencing insurance for 11 bodily injury or property damage arising from 12 faulty or defective products in an amount not 13 less than $1,000,000 combined single limit; 14 provided that the policy of insurance need not 15 relate exclusively to burglar alarm systems. 16 (9) A person who sells, installs, maintains, or 17 repairs automobile alarm systems. 18 (9-5) A person, firm, or corporation engaged solely 19 and exclusively in tracing and compiling lineage or 20 ancestry. 21 (10) A person employed as either an armed or 22 unarmed security guard at a nuclear energy, storage, 23 weapons or development site or facility regulated by the 24 Nuclear Regulatory Commission who has completed the 25 background screening and training mandated by the rules 26 and regulations of the Nuclear Regulatory Commission. 27 (b) Nothing in this Act prohibits any of the following: 28 (A) Servicing, installing, repairing, or rebuilding 29 automotive locks by automotive service dealers, as long 30 as they do not hold themselves out to the public as 31 locksmiths. 32 (B) Police, fire, or other municipal employees from 33 opening a lock in an emergency situation, as long as they 34 do not hold themselves out to the public as locksmiths. SB1951 Engrossed -5- LRB9214087ACcd 1 (C) Any merchant or retail or hardware store from 2 duplicating keys, from installing, servicing, repairing, 3 rebuilding, reprogramming, or maintaining electronic 4 garage door devices or from selling locks or similar 5 security accessories not prohibited from sale by the 6 State of Illinois, as long as they do not hold themselves 7 out to the public as locksmiths. 8 (D) The installation or removal of complete locks 9 or locking devices by members of the building trades when 10 doing so in the course of residential or commercial new 11 construction or remodeling, as long as they do not hold 12 themselves out to the public as locksmiths. 13 (E) The employees of towing services, repossessors, 14 or auto clubs from opening automotive locks in the normal 15 course of their duties, as long as they do not hold 16 themselves out to the public as locksmiths. Additionally, 17 this Act shall not prohibit employees of towing services 18 from opening motor vehicle locks to enable a vehicle to 19 be moved without towing, provided that the towing service 20 does not hold itself out to the public, by yellow page 21 advertisement, through a sign at the facilities of the 22 towing service, or by any other advertisement, as a 23 locksmith. 24 (F) The practice of locksmithing by students in the 25 course of study in programs approved by the Department, 26 provided that the students do not hold themselves out to 27 the public as locksmiths. 28 (G) Servicing, installing, repairing, or rebuilding 29 locks by a lock manufacturer or anyone employed by a lock 30 manufacturer, as long as they do not hold themselves out 31 to the public as locksmiths. 32 (H) The provision of any of the products or 33 services in the practice of locksmithing as identified in 34 Section 5 of this Act by a business licensed by the State SB1951 Engrossed -6- LRB9214087ACcd 1 of Illinois as a private alarm contractor or private 2 alarm contractor agency, as long as the principal purpose 3 of the services provided to a customer is not the 4 practice of locksmithing and the business does not hold 5 itself out to the public as a locksmith agency. 6 (I) Any maintenance employee of a property 7 management company at a multi-family residential building 8 from servicing, installing, repairing, or opening locks 9 for tenants as long as the maintenance employee does not 10 hold himself or herself out to the public as a locksmith. 11 (J) A person, firm, or corporation from engaging in 12 fire protection engineering, including the design, 13 testing, and inspection of fire protection systems. 14 (K) The practice of professional engineering as 15 defined in the Professional Engineering Practice Act of 16 1989. 17 (L) The practice of structural engineering as 18 defined in the Structural Engineering Practice Act of 19 1989. 20 (M) The practice of architecture as defined in the 21 Illinois Architecture Practice Act of 1989. 22 (N) The activities of persons or firms licensed 23 under the Illinois Public Accounting Act if performed in 24 the course of their professional practice. 25 (c) This Act does not prohibit any persons legally 26 regulated in this State under any other Act from engaging in 27 the practice for which they are licensed, provided that they 28 do not represent themselves by any title prohibited by this 29 Act. 30 (Source: P.A. 91-91, eff. 1-1-00; 91-287, eff. 1-1-00; 92-16, 31 eff. 6-28-01.)