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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0621eng HB0621 Engrossed LRB9102725ACtm 1 AN ACT to amend the Private Detective, Private Alarm, 2 Private Security, and Locksmith Act of 1993 by changing 3 Sections 30 and 77. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Private Detective, Private Alarm, Private 7 Security, and Locksmith Act of 1993 is amended by changing 8 Sections 30 and 77 as follows: 9 (225 ILCS 446/30) 10 Sec. 30. Exemptions. 11 (a) This Act does not apply to: 12 (1) An officer or employee of the United States, 13 this State, or any political subdivision of either while 14 the officer or employee is engaged in the performance of 15 his or her official duties within the course and scope of 16 his or her employment with the United States, this State, 17 or any political subdivision of either. However, any 18 person who offers his or her services as a private 19 detective or private security contractor, or any title 20 when similar services are performed for compensation, 21 fee, or other valuable consideration, whether received 22 directly or indirectly, is subject to this Act and its 23 licensing requirements. 24 (2) An attorney-at-law licensed to practice in 25 Illinois while engaging in the practice of law. 26 (3) A person engaged exclusively in the business of 27 obtaining and furnishing information as to the financial 28 rating or credit worthiness of persons; and a person who 29 provides consumer reports in connection with: 30 (i) Credit transactions involving the consumer 31 on whom the information is to be furnished and HB0621 Engrossed -2- LRB9102725ACtm 1 involving the extensions of credit to the consumer. 2 (ii) Information for employment purposes. 3 (iii) Information for the underwriting of 4 insurance involving the consumer. 5 (4) Insurance adjusters legally employed or under 6 contract as adjusters and who engage in no other 7 investigative activities other than those directly 8 connected with adjustment of claims against an insurance 9 company or self-insured by which they are employed or 10 with which they have a contract. No insurance adjuster 11 or company may utilize the term "investigation" or any 12 derivative thereof in its company name or in its 13 advertising other than for the handling of insurance 14 claims. 15 For the purposes of this Code, "insurance adjuster" 16 includes any person expressly authorized to act on behalf 17 of an insurance company or self-insured and any employee 18 thereof who acts or appears to act on behalf of the 19 insurance company or self-insured in matters relating to 20 claims, including but not limited to independent 21 contractors while performing claim services at the 22 direction of the company. 23 (5) A person engaged exclusively and employed by a 24 person, firm, association, or corporation in the business 25 of transporting persons or property in interstate 26 commerce and making an investigation related to the 27 business of that employer. 28 (6) Any person, watchman, or guard employed 29 exclusively and regularly by one employer in connection 30 with the affairs of that employer only and there exists 31 an employer/employee relationship. 32 (7) Any law enforcement officer, as defined in the 33 Illinois Police Training Act, who has successfully 34 completed the requirements of basic law enforcement and HB0621 Engrossed -3- LRB9102725ACtm 1 firearms training as prescribed by the Illinois Law 2 Enforcement Training Standards Board, employed by an 3 employer in connection with the affairs of that employer, 4 provided he or she is exclusively employed by the 5 employer during the hours or times he or she is scheduled 6 to work for that employer, and there exists an employer 7 and employee relationship. 8 In this subsection an "employee" is a person who is 9 employed by an employer who has the right to control and 10 direct the employee who performs the services in 11 question, not only as to the result to be accomplished by 12 the work, but also as to the details and means by which 13 the result is to be accomplished; and an "employer" is 14 any person or entity, with the exception of a private 15 detective, private detective agency, private security 16 contractor, private security contractor agency, private 17 alarm contractor, or private alarm contractor agency, 18 whose purpose it is to hire persons to perform the 19 business of a private detective, private detective 20 agency, private security contractor, private security 21 contractor agency, private alarm contractor, or private 22 alarm contractor agency. 23 (8) A person who sells burglar alarm systems and 24 does not install, monitor, maintain, alter, repair, 25 service, or respond to burglar alarm systems at protected 26 premises or premises to be protected, provided: 27 (i) The burglar alarm systems are 28 approved either by Underwriters Laboratories or 29 another authoritative source recognized by the 30 Department and are identified by a federally 31 registered trademark. 32 (ii) The owner of the trademark has 33 expressly authorized the person to sell the 34 trademark owner's products, and the person HB0621 Engrossed -4- LRB9102725ACtm 1 provides proof of this authorization upon the 2 request of the Department. 3 (iii) The owner of the trademark 4 maintains, and provides upon the Department's 5 request, a certificate evidencing insurance for 6 bodily injury or property damage arising from 7 faulty or defective products in an amount not 8 less than $1,000,000 combined single limit; 9 provided that the policy of insurance need not 10 relate exclusively to burglar alarm systems. 11 (9) A person who sells, installs, maintains, or 12 repairs automobile alarm systems. 13 (9-5) A person, firm, or corporation engaged solely 14 and exclusively in tracing and compiling lineage or 15 ancestry. 16 (b) Nothing in this Act prohibits any of the following: 17 (A) Servicing, installing, repairing, or rebuilding 18 automotive locks by automotive service dealers, as long 19 as they do not hold themselves out to the public as 20 locksmiths. 21 (B) Police, fire, or other municipal employees from 22 opening a lock in a life-threatening situation or when 23 the location of a vehicle creates a danger to the public 24 or when a diligent effort has been made to contact a 25 licensed locksmith who can provide the service in a 26 timely manner as determined by the police, fire, or other 27 municipal employee who shall take into consideration the 28 health and safety of the occupants of the vehiclean29emergency situation, as long as they do not hold30themselves out to the public as locksmiths. 31 (C) Any merchant or retail or hardware store from 32 duplicating keys, from installing, servicing, repairing, 33 rebuilding, reprogramming, or maintaining electronic 34 garage door devices or from selling locks or similar HB0621 Engrossed -5- LRB9102725ACtm 1 security accessories not prohibited from sale by the 2 State of Illinois, as long as they do not hold themselves 3 out to the public as locksmiths. 4 (D) The installation or removal of complete locks 5 or locking devices by members of the building trades when 6 doing so in the course of residential or commercial new 7 construction or remodeling, as long as they do not hold 8 themselves out to the public as locksmiths. 9 (E) The employees of towing services, repossessors, 10 or auto clubs from opening automotive locks in the normal 11 course of their duties, as long as they do not hold 12 themselves out to the public as locksmiths. Additionally, 13 this Act shall not prohibit employees of towing services 14 from opening motor vehicle locks to enable a vehicle to 15 be moved without towing, provided that the towing service 16 does not hold itself out to the public, by yellow page 17 advertisement, through a sign at the facilities of the 18 towing service, or by any other advertisement, as a 19 locksmith. 20 (F) The practice of locksmithing by students in the 21 course of study in programs approved by the Department, 22 provided that the students do not hold themselves out to 23 the public as locksmiths. 24 (G) Servicing, installing, repairing, or rebuilding 25 locks by a lock manufacturer or anyone employed by a lock 26 manufacturer, as long as they do not hold themselves out 27 to the public as locksmiths. 28 (H) The provision of any of the products or 29 services in the practice of locksmithing as identified in 30 Section 5 of this Act by a business licensed by the State 31 of Illinois as a private alarm contractor or private 32 alarm contractor agency, as long as the principal purpose 33 of the services provided to a customer is not the 34 practice of locksmithing and the business does not hold HB0621 Engrossed -6- LRB9102725ACtm 1 itself out to the public as a locksmith agency. 2 (I) Any maintenance employee of a property 3 management company at a multi-family residential building 4 from servicing, installing, repairing, or opening locks 5 for tenants as long as the maintenance employee does not 6 hold himself or herself out to the public as a locksmith. 7 (J) A person, firm, or corporation from engaging in 8 fire protection engineering, including the design, 9 testing, and inspection of fire protection systems. 10 (K) The practice of professional engineering as 11 defined in the Professional Engineering Practice Act of 12 1989. 13 (L) The practice of structural engineering as 14 defined in the Structural Engineering Licensing Act of 15 1989. 16 (M) The practice of architecture as defined in the 17 Illinois Architecture Practice Act of 1989. 18 (N) The activities of persons or firms licensed 19 under the Illinois Public Accounting Act if performed in 20 the course of their professional practice. 21 (c) This Act does not prohibit any persons legally 22 regulated in this State under any other Act from engaging in 23 the practice for which they are licensed, provided that they 24 do not represent themselves by any title prohibited by this 25 Act. 26 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98; 27 90-633, eff. 7-24-98.) 28 (225 ILCS 446/77) 29 Sec. 77. Necessity for licensure of locksmith agencies; 30 grandfather provision. 31 (a) On or after January 1, 1997, no person shall 32 practice as a locksmith and no business entity shall operate 33 as a locksmith agency without first applying for and HB0621 Engrossed -7- LRB9102725ACtm 1 obtaining a license for that purpose from the Department. 2 (b) Applications must be accompanied by the required 3 fee. 4 (c) In lieu of the examination given to other applicants 5 for licensure, the Director may issue a license to an 6 individual who presents proof to the Director that he or she 7 was actively engaged as a locksmith or as a supervisor, 8 manager, or administrator of a locksmith business for 3 years 9 out of the 5 years immediately preceding January 1, 1996 and 10 meets all other requirements of this Act. 11 (d) The application for a license without examination 12 shall be made to the Director within 2 years after the 13 effective date of this amendatory Act of 1995. 14 (e) A person who applies for licensure under this 15 Section between September 1, 1998 and September 30, 1998 16 shall be exempt from subsection (d) of this Section and shall 17 be issued a license upon proof of meeting all other 18 requirements for licensure under this Section. 19 (f) Notwithstanding subsection (d), a person who meets 20 the requirements of subsection (c) may receive a license 21 without examination if he or she applies to the Director 22 within 180 days after the effective date of this amendatory 23 Act of the 91st General Assembly. 24 (Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.