| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning regulation.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Private Detective, Private Alarm, Private | ||||||
| 5 | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is | ||||||
| 6 | amended by changing Section 15-5 and by adding Section 45-65 as | ||||||
| 7 | follows:
| ||||||
| 8 | (225 ILCS 447/15-5)
| ||||||
| 9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
| 10 | Sec. 15-5. Exemptions; private detective. The provisions
| ||||||
| 11 | of this Act relating to the licensure of private detectives do
| ||||||
| 12 | not apply to any of the following:
| ||||||
| 13 | (1) An employee of the United States, Illinois, or a
| ||||||
| 14 | political subdivision of either while the employee is | ||||||
| 15 | engaged
in the performance of his or her official duties | ||||||
| 16 | within the
scope of his or her employment. However, any | ||||||
| 17 | such person who
offers his or her services as a private | ||||||
| 18 | detective or uses a
similar title when these services are | ||||||
| 19 | performed for
compensation or other consideration, whether | ||||||
| 20 | received directly
or indirectly, is subject to this Act.
| ||||||
| 21 | (2) A person, firm, or other entity engaged exclusively
| ||||||
| 22 | in tracing and compiling lineage or ancestry who does not | ||||||
| 23 | hold
himself or herself out to be a private detective.
| ||||||
| |||||||
| |||||||
| 1 | (3) A person engaged exclusively in obtaining and
| ||||||
| 2 | furnishing information as to the financial rating or | ||||||
| 3 | creditworthiness of
persons or a person who provides | ||||||
| 4 | reports in
connection with (i) consumer credit | ||||||
| 5 | transactions, (ii)
information for employment purposes, or | ||||||
| 6 | (iii) information for
the underwriting of consumer | ||||||
| 7 | insurance.
| ||||||
| 8 | (4) Insurance adjusters employed or under contract as
| ||||||
| 9 | adjusters who engage in no other investigative activities
| ||||||
| 10 | other than those directly connected with adjustment of | ||||||
| 11 | claims
against an insurance company or a self-insured | ||||||
| 12 | entity by which
they are employed or with which they have a | ||||||
| 13 | contract. No
insurance adjuster or company may use the term | ||||||
| 14 | "investigation"
or any derivative thereof, in its name or | ||||||
| 15 | in its advertising.
| ||||||
| 16 | (5) A person, firm, or other entity engaged in | ||||||
| 17 | providing computer forensics services so long as the | ||||||
| 18 | person, firm, or other entity does not hold himself or | ||||||
| 19 | herself out to be a private detective. For the purposes of | ||||||
| 20 | this subsection, "computer forensics services" means a | ||||||
| 21 | branch of forensic science pertaining to the recovery and | ||||||
| 22 | analysis of electronically stored information. | ||||||
| 23 | (Source: P.A. 93-438, eff. 8-5-03.)
| ||||||
| 24 | (225 ILCS 447/45-65 new) | ||||||
| 25 | Sec. 45-65. Confidentiality. All information collected by | ||||||
| |||||||
| |||||||
| 1 | the Department in the course of an examination or investigation | ||||||
| 2 | of a licensee or applicant, including, but not limited to, any | ||||||
| 3 | complaint against a licensee filed with the Department and | ||||||
| 4 | information collected to investigate any such complaint, shall | ||||||
| 5 | be maintained for the confidential use of the Department and | ||||||
| 6 | shall not be disclosed. The Department may not disclose the | ||||||
| 7 | information to anyone other than law enforcement officials, | ||||||
| 8 | other regulatory agencies that have an appropriate regulatory | ||||||
| 9 | interest as determined by the Secretary, or to a party | ||||||
| 10 | presenting a lawful subpoena to the Department. Information and | ||||||
| 11 | documents disclosed to a federal, State, county, or local law | ||||||
| 12 | enforcement agency shall not be disclosed by the agency for any | ||||||
| 13 | purpose to any other agency or person. A formal complaint filed | ||||||
| 14 | against a licensee by the Department or any order issued by the | ||||||
| 15 | Department against a licensee or applicant shall be a public | ||||||
| 16 | record, except as otherwise prohibited by law.
| ||||||
| 17 | Section 99. Effective date. This Act takes effect upon | ||||||
| 18 | becoming law.
| ||||||