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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB0072
225 ILCS 446/5
225 ILCS 446/30
Amends the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 to exempt from the
requirements of the Act journalists and persons who obtain
information, with reference to the truth or falsity of a
statement, from public records. Effective immediately.
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1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 by changing
3 Sections 5 and 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 Sections 5 and 30 as follows:
9 (225 ILCS 446/5)
10 Sec. 5. Definitions. In this Act:
11 "Armed employee" means a licensee or a person who is
12 currently employed by an agency certified under this Act who
13 is armed while engaged in the performance of official duties
14 within the course and scope of his or her employment or
15 exclusively employed by an employer during the hours or times
16 he or she is scheduled to work for that employer, or is
17 commuting between his or her home and place of employment,
18 provided the commuting is accomplished within one hour from
19 departure from home or place of employment, and there exists
20 an employer/employee relationship, whose full or part-time
21 duties include the wearing, carrying or possessing of a
22 firearm in the performance of those duties.
23 "Board" means the Illinois Private Detective, Private
24 Alarm, Private Security, and Locksmith Board.
25 "Department" means the Illinois Department of
26 Professional Regulation.
27 "Director" means the Director of the Department of
28 Professional Regulation.
29 "Person" means a natural person.
30 "Private alarm contractor" means any person who engages
31 in a business that sells, installs, monitors, maintains,
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1 alters, repairs, replaces, services, or responds to alarm
2 systems, including fire alarm systems, at protected premises
3 or at premises to be protected on an emergency basis and not
4 as a full-time security guard; but does not include a person,
5 firm, or corporation that manufactures or sells alarm systems
6 only from its place of business and does not sell, install,
7 monitor, maintain, alter, repair, replace, service, or
8 respond to alarm systems at protected premises or premises to
9 be protected or a licensed electrical contractor who repairs
10 or services fire alarm systems on an "emergency call-in
11 basis", or who sells, installs, maintains, alters, and
12 repairs, or services fire alarm systems.
13 "Private alarm contractor agency" means any person, firm,
14 association, or corporation that engages in the private alarm
15 contractor business and employs one or more persons in
16 conducting the business.
17 "Private detective" means any person who by any means,
18 including but not limited to manual or electronic methods,
19 engages in the business of, accepts employment to furnish, or
20 agrees to make or makes investigations for fees or other
21 valuable consideration to obtain information with reference
22 to:
23 (1) Crimes Crime or wrongs done or threatened
24 against the United States or any state or territory of
25 the United States.
26 (2) The identity, habits, conduct, business
27 occupation, honesty, integrity, credibility, knowledge,
28 trustworthiness, efficiency, loyalty, activity,
29 movements, whereabouts, affiliations, associations,
30 transactions, acts, reputation, or character of any
31 person, firm, association, or corporation, by any means,
32 manually or electronically.
33 (3) The location, disposition, or recovery of lost
34 or stolen property.
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1 (4) The cause, origin, or responsibility for fires,
2 accidents, or injuries to real or personal property.
3 (5) The truth or falsity of any statement or
4 representation, other than information contained in
5 public records.
6 (6) Securing evidence to be used before any court,
7 board, officer, or investigating committee.
8 (7) Personal protection of individuals from bodily
9 harm or death (bodyguard functions).
10 (8) Service of process in criminal and civil
11 proceedings without court order.
12 "Private detective agency" means any person, firm,
13 association, or corporation that engages in the private
14 detective business and employs one or more persons in
15 conducting the business.
16 "Private security contractor" means any person who
17 engages in the business of providing a private guard,
18 watchman, patrol service, or any like service by any other
19 title or name on a contractual basis for another person,
20 firm, association, or corporation for a fee or other valuable
21 consideration and performing one or more of the following
22 functions:
23 (1) The prevention or detection of intrusion,
24 entry, theft, vandalism, abuse, fire, or trespass on
25 private or governmental property.
26 (2) The prevention, observation, or detection of
27 any unauthorized activity on private or governmental
28 property.
29 (3) The protection of patrons and persons lawfully
30 authorized to be on the premises of the person, firm,
31 association, or corporation for whom he or she
32 contractually is obligated to provide security services.
33 (4) The prevention of the misappropriation or
34 concealment of goods, money, bonds, stocks, notes,
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1 valuable documents, or papers.
2 (5) The control, regulation, or direction of the
3 flow or movement of the public, whether by vehicle or
4 otherwise, only to the extent and for the time directly
5 and specifically required to assure the protection of
6 property on property owned or controlled by the client.
7 (6) The protection of individuals from bodily harm
8 or death (bodyguard functions).
9 "Private security contractor agency" means any person,
10 firm, association, or corporation that engages in the private
11 security contractor business and that employs one or more
12 persons in conducting the business.
13 "Locksmith" means a person who has received a license
14 under this Act and who engages in the practice of
15 locksmithing as defined in this Act.
16 "Locksmith agency" means any person, firm, association,
17 or corporation that engages in the locksmith business and
18 that employs one or more persons in conducting the business.
19 "The practice of locksmithing" includes, but is not
20 limited to, the servicing, installing, originating first
21 keys, re-coding, manipulation, or bypassing of mechanical or
22 electronic locking devices at premises, vehicles, safes,
23 vaults, safe deposit boxes, or automatic teller machines.
24 "Public member" means a person who is not a licensee or a
25 relative of a licensee, or who is not an employer or an
26 employee of a licensee. The term "relative" shall be
27 determined by rules of the Department.
28 "In charge" means the individual licensee whose name and
29 license number appear on a certificate of registration for a
30 detective, private security contractor, private alarm
31 contractor, or locksmith agency is a full-time executive
32 employee or owner who assumes full responsibility for all
33 employees of the agency and for their directed actions, and
34 assumes full responsibility for maintaining all records
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1 required by this Act or rule of the Department and is
2 responsible for otherwise assuring compliance with this Act.
3 Records shall be maintained at a location in Illinois and the
4 address of the location filed with the Department and
5 accessible to Department representatives in accordance with
6 Section 115 of this Act. This does not relieve any person,
7 firm, association, or corporation licensed as an agency under
8 this Act from also assuming full responsibility for
9 compliance with this Act. It is the responsibility of the
10 licensee in charge to notify the Department, in writing
11 within 10 days, when the licensee terminates his or her in
12 charge relationship with an agency.
13 "Permanent employee registration card" means a card
14 issued by the Department to an individual who has applied to
15 the Department and has been found to be employable by an
16 agency certified under this Act.
17 "Firearm authorization card" means a card issued by the
18 Department that authorizes the holder to carry a weapon
19 during the performance of his or her duties as specified
20 under Section 180 of this Act.
21 "Burglar alarm system" means any system, including an
22 electronic access system or other electronic security system,
23 that activates an audible, visible, or remote signal that
24 requires a response and is designed for the prevention or
25 detection of intrusion, entry, theft, vandalism, or trespass.
26 "Fire alarm system" means any system that is activated by
27 any automatic or manual device in the detection of smoke,
28 heat, or fire that activates an audible, visible, or remote
29 signal that requires response.
30 "Branch office" means any business location removed from
31 the place of business for which an agency license has been
32 issued.
33 "Armed proprietary security force" means any security
34 force made up of 5 or more armed individuals employed in a
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1 commercial or industrial operation; one or more armed
2 individuals employed in a financial operation as security
3 guards for the protection of persons; or one or more armed
4 individuals employed for the protection of private property
5 related to a commercial, industrial, or financial operation.
6 (Source: P.A. 88-363; 89-366, eff. 1-1-96.)
7 (225 ILCS 446/30)
8 Sec. 30. Exemptions. This Act does not apply to:
9 (1) An officer or employee of the United States,
10 this State, or any political subdivision of either while
11 the officer or employee is engaged in the performance of
12 his or her official duties within the course and scope of
13 his or her employment with the United States, this State,
14 or any political subdivision of either. However, any
15 person who offers his or her services as a private
16 detective or private security contractor, or any title
17 when similar services are performed for compensation,
18 fee, or other valuable consideration, whether received
19 directly or indirectly, is subject to this Act and its
20 licensing requirements.
21 (2) An attorney-at-law licensed to practice in
22 Illinois while engaging in the practice of law.
23 (3) A person engaged exclusively in the business of
24 obtaining and furnishing information as to the financial
25 rating or credit worthiness of persons; and a person who
26 provides consumer reports in connection with:
27 (i) Credit transactions involving the consumer
28 on whom the information is to be furnished and
29 involving the extensions of credit to the consumer.
30 (ii) Information for employment purposes.
31 (iii) Information for the underwriting of
32 insurance involving the consumer.
33 (4) Insurance adjusters legally employed or under
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1 contract as adjusters and who engage in no other
2 investigative activities other than those directly
3 connected with adjustment of claims against an insurance
4 company or self-insured by which they are employed or
5 with which they have a contract. No insurance adjuster
6 or company may utilize the term "investigation" or any
7 derivative thereof in its company name or in its
8 advertising other than for the handling of insurance
9 claims.
10 For the purposes of this Code, "insurance adjuster"
11 includes any person expressly authorized to act on behalf
12 of an insurance company or self-insured and any employee
13 thereof who acts or appears to act on behalf of the
14 insurance company or self-insured in matters relating to
15 claims, including but not limited to independent
16 contractors while performing claim services at the
17 direction of the company.
18 (5) A person engaged exclusively and employed by a
19 person, firm, association, or corporation in the business
20 of transporting persons or property in interstate
21 commerce and making an investigation related to the
22 business of that employer.
23 (6) Any person, watchman, or guard employed
24 exclusively and regularly by one employer in connection
25 with the affairs of that employer only and there exists
26 an employer/employee relationship.
27 (7) Any law enforcement officer, as defined in the
28 Illinois Police Training Act, who has successfully
29 completed the requirements of basic law enforcement and
30 firearms training as prescribed by the Illinois Law
31 Enforcement Training Standards Board, employed by an
32 employer in connection with the affairs of that employer,
33 provided he or she is exclusively employed by the
34 employer during the hours or times he or she is scheduled
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1 to work for that employer, and there exists an employer
2 and employee relationship.
3 In this subsection an "employee" is a person who is
4 employed by an employer who has the right to control and
5 direct the employee who performs the services in
6 question, not only as to the result to be accomplished by
7 the work, but also as to the details and means by which
8 the result is to be accomplished; and an "employer" is
9 any person or entity, with the exception of a private
10 detective, private detective agency, private security
11 contractor, private security contractor agency, private
12 alarm contractor, or private alarm contractor agency,
13 whose purpose it is to hire persons to perform the
14 business of a private detective, private detective
15 agency, private security contractor, private security
16 contractor agency, private alarm contractor, or private
17 alarm contractor agency.
18 (8) A person who sells burglar alarm systems and
19 does not install, monitor, maintain, alter, repair,
20 service, or respond to burglar alarm systems at protected
21 premises or premises to be protected, provided:
22 (i) The burglar alarm systems are approved
23 either by Underwriters Laboratories or another
24 authoritative source recognized by the Department
25 and are identified by a federally registered
26 trademark.
27 (ii) The owner of the trademark has expressly
28 authorized the person to sell the trademark owner's
29 products, and the person provides proof of this
30 authorization upon the request of the Department.
31 (iii) The owner of the trademark maintains,
32 and provides upon the Department's request, a
33 certificate evidencing insurance for bodily injury
34 or property damage arising from faulty or defective
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1 products in an amount not less than $1,000,000
2 combined single limit; provided that the policy of
3 insurance need not relate exclusively to burglar
4 alarm systems.
5 (9) A person who sells, installs, maintains, or
6 repairs automobile alarm systems.
7 (10) Nothing in this Act prohibits any of the
8 following:
9 (A) Servicing, installing, repairing, or
10 rebuilding automotive locks by automotive service
11 dealers, as long as they do not hold themselves out
12 to the public as locksmiths.
13 (B) Police, fire, or other municipal employees
14 from opening a lock in an emergency situation, as
15 long as they do not hold themselves out to the
16 public as locksmiths.
17 (C) Any merchant or retail or hardware store
18 from duplicating keys, from installing, servicing,
19 repairing, rebuilding, reprogramming, or maintaining
20 electronic garage door devices or from selling locks
21 or similar security accessories not prohibited from
22 sale by the State of Illinois, as long as they do
23 not hold themselves out to the public as locksmiths.
24 (D) The installation or removal of complete
25 locks or locking devices by members of the building
26 trades when doing so in the course of residential or
27 commercial new construction or remodeling, as long
28 as they do not hold themselves out to the public as
29 locksmiths.
30 (E) The employees of towing services,
31 repossessors, or auto clubs from opening automotive
32 locks in the normal course of their duties, as long
33 as they do not hold themselves out to the public as
34 locksmiths.
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1 (F) The practice of locksmithing by students
2 in the course of study in programs approved by the
3 Department, provided that the students do not hold
4 themselves out to the public as locksmiths.
5 (G) Servicing, installing, repairing, or
6 rebuilding locks by a lock manufacturer or anyone
7 employed by a lock manufacturer, as long as they do
8 not hold themselves out to the public as locksmiths.
9 (H) The provision of any of the products or
10 services in the practice of locksmithing as
11 identified in Section 5 of this Act by a business
12 licensed by the State of Illinois as a private alarm
13 contractor or private alarm contractor agency, as
14 long as the principal purpose of the services
15 provided to a customer is not the practice of
16 locksmithing and the business does not hold itself
17 out to the public as a locksmith agency.
18 (I) Any maintenance employee of a property
19 management company at a multi-family residential
20 building from servicing, installing, repairing, or
21 opening locks for tenants as long as the maintenance
22 employee does not hold himself or herself out to the
23 public as a locksmith.
24 (11) A person, firm, or corporation engaged in fire
25 protection engineering, including the design, testing,
26 and inspection of fire protection systems.
27 (12) The practice of professional engineering as
28 defined in the Professional Engineering Practice Act of
29 1989.
30 (13) The practice of structural engineering as
31 defined in the Structural Engineering Licensing Act of
32 1989.
33 (14) The practice of architecture as defined in the
34 Illinois Architecture Practice Act of 1989.
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1 (15) The activities of persons or firms licensed
2 under the Illinois Public Accounting Act if performed in
3 the course of their professional practice.
4 (16) This Act does not prohibit any persons legally
5 regulated in this State under any other Act from engaging
6 in the practice for which they are licensed, provided
7 that they do not represent themselves by any title
8 prohibited by this Act.
9 (17) A person regularly engaged in, connected with,
10 or employed by a publisher or news media, including but
11 not limited to newspapers, magazines, press associations,
12 news agencies, wire services, radio, television, or other
13 similar media, for the purpose of obtaining, processing,
14 transmitting, compiling, or editing information for
15 disemination to the general public.
16 (Source: P.A. 88-363; 88-535; 88-586, eff. 8-12-94; 89-366,
17 eff. 1-1-96.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.