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92_SB1951sam001
LRB9214087ACsbam
1 AMENDMENT TO SENATE BILL 1951
2 AMENDMENT NO. . Amend Senate Bill 1951 by replacing
3 everything after the enacting clause with the following:
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8 (Section scheduled to be repealed on December 31, 2003)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.
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1 (2) An attorney-at-law licensed to practice in
2 Illinois while engaging in the practice of law.
3 (3) A person engaged exclusively in the business of
4 obtaining and furnishing information as to the financial
5 rating or credit worthiness of persons; and a person who
6 provides consumer reports in connection with:
7 (i) Credit transactions involving the consumer
8 on whom the information is to be furnished and
9 involving the extensions of credit to the consumer.
10 (ii) Information for employment purposes.
11 (iii) Information for the underwriting of
12 insurance involving the consumer.
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
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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 is certified as a
8 permanent police officer has successfully completed the
9 requirements of basic law enforcement and firearms
10 training as prescribed by the Illinois Law Enforcement
11 Training Standards Board, while he or she is employed as
12 a security officer by an employer in connection with the
13 affairs of that employer, provided he or she is
14 exclusively employed by the employer during the hours or
15 times he or she is scheduled to work for that employer,
16 regardless of whether there exists an employer and
17 employee relationship or an independent contractor
18 relationship, and the officer has written authorization
19 from his or her employing police department for such
20 employment and there exists an employer and employee
21 relationship.
22 In this subsection an "employee" is a person who is
23 employed by an employer who has the right to control and
24 direct the employee who performs the services in
25 question, not only as to the result to be accomplished by
26 the work, but also as to the details and means by which
27 the result is to be accomplished; and an "employer" is
28 any person or entity, with the exception of a private
29 detective, private detective agency, private security
30 contractor, private security contractor agency, private
31 alarm contractor, or private alarm contractor agency,
32 whose purpose it is to hire persons to perform the
33 business of a private detective, private detective
34 agency, private security contractor, private security
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1 contractor agency, private alarm contractor, or private
2 alarm contractor agency.
3 (8) A person who sells burglar alarm systems and
4 does not install, monitor, maintain, alter, repair,
5 service, or respond to burglar alarm systems at protected
6 premises or premises to be protected, provided:
7 (i) The burglar alarm systems are
8 approved either by Underwriters Laboratories or
9 another authoritative source recognized by the
10 Department and are identified by a federally
11 registered trademark.
12 (ii) The owner of the trademark has
13 expressly authorized the person to sell the
14 trademark owner's products, and the person
15 provides proof of this authorization upon the
16 request of the Department.
17 (iii) The owner of the trademark
18 maintains, and provides upon the Department's
19 request, a certificate evidencing insurance for
20 bodily injury or property damage arising from
21 faulty or defective products in an amount not
22 less than $1,000,000 combined single limit;
23 provided that the policy of insurance need not
24 relate exclusively to burglar alarm systems.
25 (9) A person who sells, installs, maintains, or
26 repairs automobile alarm systems.
27 (9-5) A person, firm, or corporation engaged solely
28 and exclusively in tracing and compiling lineage or
29 ancestry.
30 (10) A person employed as either an armed or
31 unarmed security guard at a nuclear energy, storage,
32 weapons or development site or facility regulated by the
33 Nuclear Regulatory Commission who has completed the
34 background screening and training mandated by the rules
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1 and regulations of the Nuclear Regulatory Commission.
2 (b) Nothing in this Act prohibits any of the following:
3 (A) Servicing, installing, repairing, or rebuilding
4 automotive locks by automotive service dealers, as long
5 as they do not hold themselves out to the public as
6 locksmiths.
7 (B) Police, fire, or other municipal employees from
8 opening a lock in an emergency situation, as long as they
9 do not hold themselves out to the public as locksmiths.
10 (C) Any merchant or retail or hardware store from
11 duplicating keys, from installing, servicing, repairing,
12 rebuilding, reprogramming, or maintaining electronic
13 garage door devices or from selling locks or similar
14 security accessories not prohibited from sale by the
15 State of Illinois, as long as they do not hold themselves
16 out to the public as locksmiths.
17 (D) The installation or removal of complete locks
18 or locking devices by members of the building trades when
19 doing so in the course of residential or commercial new
20 construction or remodeling, as long as they do not hold
21 themselves out to the public as locksmiths.
22 (E) The employees of towing services, repossessors,
23 or auto clubs from opening automotive locks in the normal
24 course of their duties, as long as they do not hold
25 themselves out to the public as locksmiths. Additionally,
26 this Act shall not prohibit employees of towing services
27 from opening motor vehicle locks to enable a vehicle to
28 be moved without towing, provided that the towing service
29 does not hold itself out to the public, by yellow page
30 advertisement, through a sign at the facilities of the
31 towing service, or by any other advertisement, as a
32 locksmith.
33 (F) The practice of locksmithing by students in the
34 course of study in programs approved by the Department,
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1 provided that the students do not hold themselves out to
2 the public as locksmiths.
3 (G) Servicing, installing, repairing, or rebuilding
4 locks by a lock manufacturer or anyone employed by a lock
5 manufacturer, as long as they do not hold themselves out
6 to the public as locksmiths.
7 (H) The provision of any of the products or
8 services in the practice of locksmithing as identified in
9 Section 5 of this Act by a business licensed by the State
10 of Illinois as a private alarm contractor or private
11 alarm contractor agency, as long as the principal purpose
12 of the services provided to a customer is not the
13 practice of locksmithing and the business does not hold
14 itself out to the public as a locksmith agency.
15 (I) Any maintenance employee of a property
16 management company at a multi-family residential building
17 from servicing, installing, repairing, or opening locks
18 for tenants as long as the maintenance employee does not
19 hold himself or herself out to the public as a locksmith.
20 (J) A person, firm, or corporation from engaging in
21 fire protection engineering, including the design,
22 testing, and inspection of fire protection systems.
23 (K) The practice of professional engineering as
24 defined in the Professional Engineering Practice Act of
25 1989.
26 (L) The practice of structural engineering as
27 defined in the Structural Engineering Practice Act of
28 1989.
29 (M) The practice of architecture as defined in the
30 Illinois Architecture Practice Act of 1989.
31 (N) The activities of persons or firms licensed
32 under the Illinois Public Accounting Act if performed in
33 the course of their professional practice.
34 (c) This Act does not prohibit any persons legally
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1 regulated in this State under any other Act from engaging in
2 the practice for which they are licensed, provided that they
3 do not represent themselves by any title prohibited by this
4 Act.
5 (Source: P.A. 91-91, eff. 1-1-00; 91-287, eff. 1-1-00; 92-16,
6 eff. 6-28-01.)".