Public Act 90-0436 of the 90th General Assembly
Public Act 90-0436
HB1216 Enrolled LRB9005005DPccB
AN ACT to amend the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 by changing
Sections 30 and 75.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 is amended by changing
Sections 30 and 75 as follows:
(225 ILCS 446/30)
Sec. 30. Exemptions. This Act does not apply to:
(1) An officer or employee of the United States, this
State, or any political subdivision of either while the
officer or employee is engaged in the performance of his or
her official duties within the course and scope of his or her
employment with the United States, this State, or any
political subdivision of either. However, any person who
offers his or her services as a private detective or private
security contractor, or any title when similar services are
performed for compensation, fee, or other valuable
consideration, whether received directly or indirectly, is
subject to this Act and its licensing requirements.
(2) An attorney-at-law licensed to practice in Illinois
while engaging in the practice of law.
(3) A person engaged exclusively in the business of
obtaining and furnishing information as to the financial
rating or credit worthiness of persons; and a person who
provides consumer reports in connection with:
(i) Credit transactions involving the consumer on
whom the information is to be furnished and involving the
extensions of credit to the consumer.
(ii) Information for employment purposes.
(iii) Information for the underwriting of insurance
involving the consumer.
(4) Insurance adjusters legally employed or under
contract as adjusters and who engage in no other
investigative activities other than those directly connected
with adjustment of claims against an insurance company or
self-insured by which they are employed or with which they
have a contract. No insurance adjuster or company may
utilize the term "investigation" or any derivative thereof in
its company name or in its advertising other than for the
handling of insurance claims.
For the purposes of this Code, "insurance adjuster"
includes any person expressly authorized to act on behalf of
an insurance company or self-insured and any employee thereof
who acts or appears to act on behalf of the insurance company
or self-insured in matters relating to claims, including but
not limited to independent contractors while performing claim
services at the direction of the company.
(5) A person engaged exclusively and employed by a
person, firm, association, or corporation in the business of
transporting persons or property in interstate commerce and
making an investigation related to the business of that
employer.
(6) Any person, watchman, or guard employed exclusively
and regularly by one employer in connection with the affairs
of that employer only and there exists an employer/employee
relationship.
(7) Any law enforcement officer, as defined in the
Illinois Police Training Act, who has successfully completed
the requirements of basic law enforcement and firearms
training as prescribed by the Illinois Law Enforcement
Training Standards Board, employed by an employer in
connection with the affairs of that employer, provided he or
she is exclusively employed by the employer during the hours
or times he or she is scheduled to work for that employer,
and there exists an employer and employee relationship.
In this subsection an "employee" is a person who is
employed by an employer who has the right to control and
direct the employee who performs the services in question,
not only as to the result to be accomplished by the work, but
also as to the details and means by which the result is to be
accomplished; and an "employer" is any person or entity, with
the exception of a private detective, private detective
agency, private security contractor, private security
contractor agency, private alarm contractor, or private alarm
contractor agency, whose purpose it is to hire persons to
perform the business of a private detective, private
detective agency, private security contractor, private
security contractor agency, private alarm contractor, or
private alarm contractor agency.
(8) A person who sells burglar alarm systems and does
not install, monitor, maintain, alter, repair, service, or
respond to burglar alarm systems at protected premises or
premises to be protected, provided:
(i) The burglar alarm systems are approved either
by Underwriters Laboratories or another authoritative
source recognized by the Department and are identified by
a federally registered trademark.
(ii) The owner of the trademark has expressly
authorized the person to sell the trademark owner's
products, and the person provides proof of this
authorization upon the request of the Department.
(iii) The owner of the trademark maintains, and
provides upon the Department's request, a certificate
evidencing insurance for bodily injury or property damage
arising from faulty or defective products in an amount
not less than $1,000,000 combined single limit; provided
that the policy of insurance need not relate exclusively
to burglar alarm systems.
(9) A person who sells, installs, maintains, or repairs
automobile alarm systems.
(10) Nothing in this Act prohibits any of the following:
(A) Servicing, installing, repairing, or rebuilding
automotive locks by automotive service dealers, as long
as they do not hold themselves out to the public as
locksmiths.
(B) Police, fire, or other municipal employees from
opening a lock in an emergency situation, as long as they
do not hold themselves out to the public as locksmiths.
(C) Any merchant or retail or hardware store from
duplicating keys, from installing, servicing, repairing,
rebuilding, reprogramming, or maintaining electronic
garage door devices or from selling locks or similar
security accessories not prohibited from sale by the
State of Illinois, as long as they do not hold themselves
out to the public as locksmiths.
(D) The installation or removal of complete locks
or locking devices by members of the building trades when
doing so in the course of residential or commercial new
construction or remodeling, as long as they do not hold
themselves out to the public as locksmiths.
(E) The employees of towing services, repossessors,
or auto clubs from opening automotive locks in the normal
course of their duties, as long as they do not hold
themselves out to the public as locksmiths. Additionally,
this Act shall not prohibit employees of towing services
from opening motor vehicle locks to enable a vehicle to
be moved without towing, provided that the towing service
does not hold itself out to the public, by yellow page
advertisement, through a sign at the facilities of the
towing service, or by any other advertisement, as a
locksmith.
(F) The practice of locksmithing by students in the
course of study in programs approved by the Department,
provided that the students do not hold themselves out to
the public as locksmiths.
(G) Servicing, installing, repairing, or rebuilding
locks by a lock manufacturer or anyone employed by a lock
manufacturer, as long as they do not hold themselves out
to the public as locksmiths.
(H) The provision of any of the products or
services in the practice of locksmithing as identified in
Section 5 of this Act by a business licensed by the State
of Illinois as a private alarm contractor or private
alarm contractor agency, as long as the principal purpose
of the services provided to a customer is not the
practice of locksmithing and the business does not hold
itself out to the public as a locksmith agency.
(I) Any maintenance employee of a property
management company at a multi-family residential building
from servicing, installing, repairing, or opening locks
for tenants as long as the maintenance employee does not
hold himself or herself out to the public as a locksmith.
(11) A person, firm, or corporation engaged in fire
protection engineering, including the design, testing, and
inspection of fire protection systems.
(12) The practice of professional engineering as defined
in the Professional Engineering Practice Act of 1989.
(13) The practice of structural engineering as defined
in the Structural Engineering Licensing Act of 1989.
(14) The practice of architecture as defined in the
Illinois Architecture Practice Act of 1989.
(15) The activities of persons or firms licensed under
the Illinois Public Accounting Act if performed in the course
of their professional practice.
(16) This Act does not prohibit any persons legally
regulated in this State under any other Act from engaging in
the practice for which they are licensed, provided that they
do not represent themselves by any title prohibited by this
Act.
(Source: P.A. 88-363; 88-535; 88-586, eff. 8-12-94; 89-366,
eff. 1-1-96.)
(225 ILCS 446/75)
Sec. 75. Qualifications for licensure and agency
certification.
(a) Private Detective. A person is qualified to receive
a license as a private detective if he or she meets all of
the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good character is
a continuing requirement of licensure. Conviction of
crimes not listed in paragraph (2) of subsection (a) of
this Section may be used in determining moral character,
but does not operate as an absolute bar to licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application
working full-time for a licensed private detective agency
as a registered private detective employee or with 3
years experience out of the 5 years immediately preceding
his or her application employed as a full-time
investigator in a law enforcement agency of a federal or
State political subdivision, approved by the Board and
the Department; or an applicant who has obtained a
baccalaureate degree in police science or a related field
or a business degree from an accredited college or
university shall be given credit for 2 of the 3 years
experience required under this Section. An applicant who
has obtained an associate degree in police science or a
related field or in business from an accredited college
or university shall be given credit for one of the 3
years experience required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
It is the responsibility of the applicant to obtain
liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before being
issued a license. This insurance requirement is a continuing
requirement for licensure. Failure to maintain insurance
shall result in cancellation of the license by the
Department.
(b) Private security contractor. A person is qualified
to receive a license as a private security contractor if he
or she meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (b) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has a minimum of 3 years experience out of the
5 years immediately preceding his or her application as a
full-time manager or administrator for a licensed private
security contractor agency or a manager or administrator
of a proprietary security force of 30 or more persons
registered with the Department, or with 3 years
experience out of the 5 years immediately preceding his
or her application as a full-time supervisor in a law
enforcement agency of a federal or State political
subdivision, approved by the Board and the Department; or
an applicant who has obtained a baccalaureate degree in
police science or a related field or a business degree
from an accredited college or university shall be given
credit for 2 of the 3 years experience required under
this Section. An applicant who has obtained an associate
degree in police science or a related field or in
business from an accredited college or university shall
be given credit for one of the 3 years experience
required under this Section.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
(10) It is the responsibility of the applicant to
obtain liability insurance in amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before
being issued a license. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in cancellation of the
license by the Department.
(c) Private alarm contractor. A person is qualified to
receive a license as a private alarm contractor if he or she
meets all of the following requirements:
(1) Is at least 21 years of age.
(2) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(3) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (2) of
subsection (c) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(5) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the
armed services of the United States.
(7) Has a minimum of 3 years experience out of the
5 years immediately preceding application as a full time
manager or administrator for an agency licensed as a
private alarm contractor agency, or for an entity that
designs, sells, installs, services, or monitors alarm
systems which in the judgment of the Board satisfies
standards of alarm industry competence. An individual who
has received a 4 year degree in electrical engineering or
a related field from a program approved by the Board
shall be given credit for 2 years of experience under
this item (7). An individual who has successfully
completed a national certification program approved by
the Board shall be given credit for one year of
experience under this item (7).
(8) Has successfully passed an examination
authorized by the Department. The examination shall
include subjects reasonably related to the activities
licensed so as to provide for the protection of the
health and safety of the public.
(9) Has not violated Section 15, 20, or 25 of this
Act, but this requirement does not operate as an absolute
bar to licensure.
(10) It is the responsibility of the applicant to
obtain liability insurance in an amount and coverage type
appropriate as determined by rule for the applicant's
individual business circumstances. The applicant shall
provide evidence of insurance to the Department before
being issued a license. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in cancellation of the
license by the Department.
(d) Locksmith. A person is qualified to receive a
license as a locksmith if he or she meets all of the
following requirements:
(1) Is at least 18 years of age.
(2) Has not violated any provisions of Section 120
of this Act.
(3) Has not been convicted in any jurisdiction of
any felony or at least 10 years have expired from the
time of discharge from any sentence imposed for a felony.
(4) Is of good moral character. Good moral
character is a continuing requirement of licensure.
Convictions of crimes not listed in paragraph (3) of
subsection (d) of this Section may be used in determining
moral character, but do not operate as an absolute bar to
licensure.
(5) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease unless a court has since
declared him or her to be competent.
(6) Is not suffering from habitual drunkenness or
from narcotic addiction or dependence.
(7) Has not been dishonorably discharged from the
armed services of the United States.
(8) Has passed an examination authorized by the
Department in the theory and practice of the profession.
(9) Has submitted to the Department proof of
insurance sufficient for the individual's business
circumstances. The Department, with input from the
Board, shall promulgate rules specifying minimum
insurance requirements. This insurance requirement is a
continuing requirement for licensure. Failure to
maintain insurance shall result in the cancellation of
the license by the Department. A locksmith employed by a
licensed locksmith agency or employed by a private
concern may provide proof that his or her actions as a
locksmith are covered by the insurance of his or her
employer.
(e) Private detective agency. Upon payment of the
required fee and proof that the applicant has a full-time
Illinois licensed private detective in charge, which is a
continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private detective agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private detective under
this Act.
(2) A firm or association that submits an
application in writing and all of the members of the firm
or association are licensed private detectives under this
Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a detective agency, provided at least one
officer or executive employee is licensed as a private
detective under this Act and all unlicensed officers and
directors of the corporation are determined by the
Department to be persons of good moral character.
No private detective may be the private detective in
charge for more than one agency except for an individual who,
on the effective date of this Act, is currently and actively
a licensee for more than one agency. Upon written request by
a representative of an agency within 10 days after the loss
of a licensee in charge of an agency because of the death of
that individual or because of an unanticipated termination of
the employment of that individual, the Department shall issue
a temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the
detective in charge because of disciplinary action by the
Department.
(f) Private alarm contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private alarm contractor in charge, which
is a continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private alarm contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private alarm contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members of the
firm or association are licensed private alarm
contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private alarm contractor agency, provided
at least one officer or executive employee is licensed as
a private alarm contractor under this Act and all
unlicensed officers and directors of the corporation are
determined by the Department to be persons of good moral
character.
No private alarm contractor may be the private alarm
contractor in charge for more than one agency except for any
individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of an agency within
10 days after the loss of a licensed private alarm contractor
in charge of an agency because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed agency. No temporary permit shall be
valid for more than 90 days. An extension of an additional
90 days may be granted by the Department for good cause shown
and upon written request by the representative of the agency.
No more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(g) Private security contractor agency. Upon receipt of
the required fee and proof that the applicant has a full-time
Illinois licensed private security contractor in charge,
which is continuing requirement for agency certification, the
Department shall issue, without examination, a certificate as
a private security contractor agency to any of the following:
(1) An individual who submits an application in
writing and who is a licensed private security contractor
under this Act.
(2) A firm or association that submits an
application in writing that all of the members are
licensed private security contractors under this Act.
(3) A duly incorporated or registered corporation
allowed to do business in Illinois that is authorized by
its articles of incorporation to engage in the business
of conducting a private security contractor agency,
provided at least one officer or executive employee is
licensed as a private security contractor under this Act
and all unlicensed officers and directors of the
corporation are determined by the Department to be
persons of good moral character.
No private security contractor may be the private
security contractor in charge for more than one agency except
for any individual who, on the effective date of this Act, is
currently and actively a licensee for more than one agency.
Upon written request by a representative of the agency within
10 days after the loss of a licensee in charge of an agency
because of the death of that individual or because of the
unanticipated termination of the employment of that
individual, the Department shall issue a temporary permit
allowing the continuing operation of a previously licensed
agency. No temporary permit shall be valid for more than 90
days. An extension of an additional 90 days may be granted
upon written request by the representative of the agency. No
more than 2 extensions may be granted to any agency. No
temporary permit shall be issued for the loss of the licensee
in charge because of disciplinary action by the Department.
(h) Licensed locksmith agency. Upon receipt of the
required fee and proof that the applicant is an Illinois
licensed locksmith who shall assume full responsibility for
the operation of the agency and the directed actions of the
agency's employees, which is a continuing requirement for
agency licensure, the Department shall issue, without
examination, a certificate as a Locksmith Agency to any of
the following:
(1) An individual who submits an application in
writing and who is a licensed locksmith under this Act.
(2) A firm or association that submits an
application in writing and certifies that all of the
members of the firm or association are licensed
locksmiths under this Act.
(3) A duly incorporated or registered corporation
or limited liability company allowed to do business in
Illinois that is authorized by its articles of
incorporation or organization to engage in the business
of conducting a locksmith agency, provided that at least
one officer or executive employee of a corporation or one
member of a limited liability company is licensed as a
locksmith under this Act, and provided that person agrees
in writing on a form acceptable to the Department to
assume full responsibility for the operation of the
agency and the directed actions of the agency's
employees, and further provided that all unlicensed
officers and directors of the corporation or members of
the limited liability company are determined by the
Department to be persons of good moral character.
An individual licensed locksmith operating under a
business name other than the licensed locksmith's own name
shall not be required to obtain a locksmith agency license if
that licensed locksmith does not employ any persons to engage
in the practice of locksmithing.
An applicant for licensure as a locksmith agency shall
submit to the Department proof of insurance sufficient for
the agency's business circumstances. The Department shall
promulgate rules specifying minimum insurance requirements.
This insurance requirement is a continuing requirement for
licensure.
No licensed locksmith may be the licensed locksmith
responsible for the operation of more than one agency except
for any individual who submits proof to the Department that,
on the effective date of this amendatory Act of 1995, he or
she is actively responsible for the operations of more than
one agency. A licensed private alarm contractor who is
responsible for the operation of a licensed private alarm
contractor agency and who is a licensed locksmith may also be
the licensed locksmith responsible for the operation of a
locksmith agency.
Upon written request by a representative of an agency
within 10 days after the loss of a responsible licensed
locksmith of an agency, because of the death of that
individual or because of the unanticipated termination of the
employment of that individual, the Department shall issue a
temporary permit allowing the continuing operation of a
previously licensed locksmith agency. No temporary permit
shall be valid for more than 90 days. An extension for an
additional 90 days may be granted by the Department for good
cause shown and upon written request by a representative of
the agency. No more than 2 extensions may be granted to any
agency. No temporary permit shall be issued to any agency
due to the loss of the responsible locksmith because of
disciplinary action by the Department.
(i) Any licensed agency that operates a branch office as
defined in this Act shall apply for a branch office license.
(Source: P.A. 88-363; 89-85, eff. 1-1-96; 89-366, eff.
1-1-96; 89-626, eff. 8-9-96.)