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| [ Engrossed ] | [ House Amendment 001 ] |
91_HB0621
LRB9102725ACtm
1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 by changing
3 Section 30.
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 Section 30 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
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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
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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
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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 an emergency situation, as long as they do not hold
25 themselves out to the public as locksmiths.
26 (C) Any merchant or retail or hardware store from
27 duplicating keys, from installing, servicing, repairing,
28 rebuilding, reprogramming, or maintaining electronic
29 garage door devices or from selling locks or similar
30 security accessories not prohibited from sale by the
31 State of Illinois, as long as they do not hold themselves
32 out to the public as locksmiths.
33 (D) The installation or removal of complete locks
34 or locking devices by members of the building trades when
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1 doing so in the course of residential or commercial new
2 construction or remodeling, as long as they do not hold
3 themselves out to the public as locksmiths.
4 (E) The employees of towing services, repossessors,
5 or auto clubs from opening automotive locks in the normal
6 course of their duties, as long as they do not hold
7 themselves out to the public as locksmiths. Additionally,
8 this Act shall not prohibit employees of towing services
9 from opening motor vehicle locks to enable a vehicle to
10 be moved without towing, provided that the towing service
11 does not hold itself out to the public, by yellow page
12 advertisement, through a sign at the facilities of the
13 towing service, or by any other advertisement, as a
14 locksmith.
15 (F) The practice of locksmithing by students in the
16 course of study in programs approved by the Department,
17 provided that the students do not hold themselves out to
18 the public as locksmiths.
19 (G) Servicing, installing, repairing, or rebuilding
20 locks by a lock manufacturer or anyone employed by a lock
21 manufacturer, as long as they do not hold themselves out
22 to the public as locksmiths.
23 (H) The provision of any of the products or
24 services in the practice of locksmithing as identified in
25 Section 5 of this Act by a business licensed by the State
26 of Illinois as a private alarm contractor or private
27 alarm contractor agency, as long as the principal purpose
28 of the services provided to a customer is not the
29 practice of locksmithing and the business does not hold
30 itself out to the public as a locksmith agency.
31 (I) Any maintenance employee of a property
32 management company at a multi-family residential building
33 from servicing, installing, repairing, or opening locks
34 for tenants as long as the maintenance employee does not
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1 hold himself or herself out to the public as a locksmith.
2 (J) A person, firm, or corporation from engaging in
3 fire protection engineering, including the design,
4 testing, and inspection of fire protection systems.
5 (K) The practice of professional engineering as
6 defined in the Professional Engineering Practice Act of
7 1989.
8 (L) The practice of structural engineering as
9 defined in the Structural Engineering Licensing Act of
10 1989.
11 (M) The practice of architecture as defined in the
12 Illinois Architecture Practice Act of 1989.
13 (N) The activities of persons or firms licensed
14 under the Illinois Public Accounting Act if performed in
15 the course of their professional practice.
16 (c) This Act does not prohibit any persons legally
17 regulated in this State under any other Act from engaging in
18 the practice for which they are licensed, provided that they
19 do not represent themselves by any title prohibited by this
20 Act.
21 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
22 90-633, eff. 7-24-98.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.