State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB0026

 
                                               LRB9200655ACcd

 1        AN  ACT  to  amend  the Private Detective, Private Alarm,
 2    Private Security and Locksmith Act of 1993.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section    5.   The  Private  Detective,  Private  Alarm,
 6    Private Security, and Locksmith Act of  1993  is  amended  by
 7    changing Section 30 as follows:

 8        (225 ILCS 446/30)
 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-                LRB9200655ACcd
 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  has   successfully
33        completed  the  requirements of basic law enforcement and
34        firearms training  as  prescribed  by  the  Illinois  Law
 
                            -3-                LRB9200655ACcd
 1        Enforcement  Training  Standards  Board,  employed  by an
 2        employer in connection with the affairs of that employer,
 3        provided  he  or  she  is  exclusively  employed  by  the
 4        employer during the hours or times he or she is scheduled
 5        to work for that employer, and there exists  an  employer
 6        and employee relationship.
 7             In  this subsection an "employee" is a person who is
 8        employed by an employer who has the right to control  and
 9        direct   the   employee  who  performs  the  services  in
10        question, not only as to the result to be accomplished by
11        the work, but also as to the details and means  by  which
12        the  result  is  to be accomplished; and an "employer" is
13        any person or entity, with the  exception  of  a  private
14        detective,  private  detective  agency,  private security
15        contractor, private security contractor  agency,  private
16        alarm  contractor,  or  private  alarm contractor agency,
17        whose purpose it  is  to  hire  persons  to  perform  the
18        business   of  a  private  detective,  private  detective
19        agency, private  security  contractor,  private  security
20        contractor  agency,  private alarm contractor, or private
21        alarm contractor agency.
22             (8)  A person who sells burglar  alarm  systems  and
23        does  not  install,  monitor,  maintain,  alter,  repair,
24        service, or respond to burglar alarm systems at protected
25        premises or premises to be protected, provided:
26                       (i)  The   burglar   alarm   systems   are
27                  approved either by Underwriters Laboratories or
28                  another  authoritative source recognized by the
29                  Department and are identified  by  a  federally
30                  registered trademark.
31                       (ii)  The   owner  of  the  trademark  has
32                  expressly authorized the  person  to  sell  the
33                  trademark  owner's  products,  and  the  person
34                  provides  proof  of this authorization upon the
 
                            -4-                LRB9200655ACcd
 1                  request of the Department.
 2                       (iii)  The   owner   of   the    trademark
 3                  maintains,  and  provides upon the Department's
 4                  request, a certificate evidencing insurance for
 5                  bodily injury or property damage  arising  from
 6                  faulty  or  defective products in an amount not
 7                  less than  $1,000,000  combined  single  limit;
 8                  provided  that the policy of insurance need not
 9                  relate exclusively to burglar alarm systems.
10             (9)  A person who  sells,  installs,  maintains,  or
11        repairs automobile alarm systems.
12             (9-5)  A person, firm, or corporation engaged solely
13        and  exclusively  in  tracing  and  compiling  lineage or
14        ancestry.
15             (10)  A  person  employed  as  either  an  armed  or
16        unarmed security guard  at  a  nuclear  energy,  storage,
17        weapons  or development site or facility regulated by the
18        Nuclear  Regulatory  Commission  who  has  completed  the
19        background screening and training mandated by  the  rules
20        and regulations of the Nuclear Regulatory Commission.
21        (b)  Nothing in this Act prohibits any of the following:
22             (A)  Servicing, installing, repairing, or rebuilding
23        automotive  locks  by automotive service dealers, as long
24        as they do not hold  themselves  out  to  the  public  as
25        locksmiths.
26             (B)  Police, fire, or other municipal employees from
27        opening a lock in an emergency situation, as long as they
28        do not hold themselves out to the public as locksmiths.
29             (C)  Any  merchant  or retail or hardware store from
30        duplicating keys, from installing, servicing,  repairing,
31        rebuilding,   reprogramming,  or  maintaining  electronic
32        garage door devices or  from  selling  locks  or  similar
33        security  accessories  not  prohibited  from  sale by the
34        State of Illinois, as long as they do not hold themselves
 
                            -5-                LRB9200655ACcd
 1        out to the public as locksmiths.
 2             (D)  The installation or removal of  complete  locks
 3        or locking devices by members of the building trades when
 4        doing  so  in the course of residential or commercial new
 5        construction or remodeling, as long as they do  not  hold
 6        themselves out to the public as locksmiths.
 7             (E)  The employees of towing services, repossessors,
 8        or auto clubs from opening automotive locks in the normal
 9        course  of  their  duties,  as  long  as they do not hold
10        themselves out to the public as locksmiths. Additionally,
11        this Act shall not prohibit employees of towing  services
12        from  opening  motor vehicle locks to enable a vehicle to
13        be moved without towing, provided that the towing service
14        does not hold itself out to the public,  by  yellow  page
15        advertisement,  through  a  sign at the facilities of the
16        towing service, or  by  any  other  advertisement,  as  a
17        locksmith.  Giving  notice  to the public, by yellow page
18        advertisement, through a sign at the  facilities  of  the
19        towing  service,  or by any other advertisement, that the
20        towing service opens motor  vehicle  locks  to  enable  a
21        vehicle  to  be  moved without towing does not constitute
22        holding oneself out to the public as a locksmith  if  the
23        advertisement does not use the word "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
 
                            -6-                LRB9200655ACcd
 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.  90-436,  eff.  1-1-98;  90-633, eff. 7-24-98;
31    91-91, eff. 1-1-00; 91-287, eff. 1-1-00; revised 10-7-99.)

32        Section 99.  Effective date.  This Act takes effect  upon
33    becoming law.
 
                            -7-                LRB9200655ACcd

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