[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
90_HB1216eng
225 ILCS 446/105
Amends the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 to exempt locksmith
agencies having fewer than 2 registered employees from the
license renewal and issuance fees otherwise applicable to
agencies.
LRB9005005DPccB
HB1216 Engrossed LRB9005005DPccB
1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 by changing
3 Sections 30 and 105.
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 105 as follows:
9 (225 ILCS 446/30)
10 Sec. 30. Exemptions. This Act does not apply to:
11 (1) An officer or employee of the United States, this
12 State, or any political subdivision of either while the
13 officer or employee is engaged in the performance of his or
14 her official duties within the course and scope of his or her
15 employment with the United States, this State, or any
16 political subdivision of either. However, any person who
17 offers his or her services as a private detective or private
18 security contractor, or any title when similar services are
19 performed for compensation, fee, or other valuable
20 consideration, whether received directly or indirectly, is
21 subject to this Act and its licensing requirements.
22 (2) An attorney-at-law licensed to practice in Illinois
23 while engaging in the practice of law.
24 (3) A person engaged exclusively in the business of
25 obtaining and furnishing information as to the financial
26 rating or credit worthiness of persons; and a person who
27 provides consumer reports in connection with:
28 (i) Credit transactions involving the consumer on
29 whom the information is to be furnished and involving the
30 extensions of credit to the consumer.
31 (ii) Information for employment purposes.
HB1216 Engrossed -2- LRB9005005DPccB
1 (iii) Information for the underwriting of insurance
2 involving the consumer.
3 (4) Insurance adjusters legally employed or under
4 contract as adjusters and who engage in no other
5 investigative activities other than those directly connected
6 with adjustment of claims against an insurance company or
7 self-insured by which they are employed or with which they
8 have a contract. No insurance adjuster or company may
9 utilize the term "investigation" or any derivative thereof in
10 its company name or in its advertising other than for the
11 handling of insurance claims.
12 For the purposes of this Code, "insurance adjuster"
13 includes any person expressly authorized to act on behalf of
14 an insurance company or self-insured and any employee thereof
15 who acts or appears to act on behalf of the insurance company
16 or self-insured in matters relating to claims, including but
17 not limited to independent contractors while performing claim
18 services at the direction of the company.
19 (5) A person engaged exclusively and employed by a
20 person, firm, association, or corporation in the business of
21 transporting persons or property in interstate commerce and
22 making an investigation related to the business of that
23 employer.
24 (6) Any person, watchman, or guard employed exclusively
25 and regularly by one employer in connection with the affairs
26 of that employer only and there exists an employer/employee
27 relationship.
28 (7) Any law enforcement officer, as defined in the
29 Illinois Police Training Act, who has successfully completed
30 the requirements of basic law enforcement and firearms
31 training as prescribed by the Illinois Law Enforcement
32 Training Standards Board, employed by an employer in
33 connection with the affairs of that employer, provided he or
34 she is exclusively employed by the employer during the hours
HB1216 Engrossed -3- LRB9005005DPccB
1 or times he or she is scheduled to work for that employer,
2 and there exists an employer 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 question,
6 not only as to the result to be accomplished by the work, but
7 also as to the details and means by which the result is to be
8 accomplished; and an "employer" is any person or entity, with
9 the exception of a private detective, private detective
10 agency, private security contractor, private security
11 contractor agency, private alarm contractor, or private alarm
12 contractor agency, whose purpose it is to hire persons to
13 perform the business of a private detective, private
14 detective agency, private security contractor, private
15 security contractor agency, private alarm contractor, or
16 private alarm contractor agency.
17 (8) A person who sells burglar alarm systems and does
18 not install, monitor, maintain, alter, repair, service, or
19 respond to burglar alarm systems at protected premises or
20 premises to be protected, provided:
21 (i) The burglar alarm systems are approved either
22 by Underwriters Laboratories or another authoritative
23 source recognized by the Department and are identified by
24 a federally registered trademark.
25 (ii) The owner of the trademark has expressly
26 authorized the person to sell the trademark owner's
27 products, and the person provides proof of this
28 authorization upon the request of the Department.
29 (iii) The owner of the trademark maintains, and
30 provides upon the Department's request, a certificate
31 evidencing insurance for bodily injury or property damage
32 arising from faulty or defective products in an amount
33 not less than $1,000,000 combined single limit; provided
34 that the policy of insurance need not relate exclusively
HB1216 Engrossed -4- LRB9005005DPccB
1 to burglar alarm systems.
2 (9) A person who sells, installs, maintains, or repairs
3 automobile alarm systems.
4 (10) Nothing in this Act prohibits any of the following:
5 (A) Servicing, installing, repairing, or rebuilding
6 automotive locks by automotive service dealers, as long
7 as they do not hold themselves out to the public as
8 locksmiths.
9 (B) Police, fire, or other municipal employees from
10 opening a lock in an emergency situation, as long as they
11 do not hold themselves out to the public as locksmiths.
12 (C) Any merchant or retail or hardware store from
13 duplicating keys, from installing, servicing, repairing,
14 rebuilding, reprogramming, or maintaining electronic
15 garage door devices or from selling locks or similar
16 security accessories not prohibited from sale by the
17 State of Illinois, as long as they do not hold themselves
18 out to the public as locksmiths.
19 (D) The installation or removal of complete locks
20 or locking devices by members of the building trades when
21 doing so in the course of residential or commercial new
22 construction or remodeling, as long as they do not hold
23 themselves out to the public as locksmiths.
24 (E) The employees of towing services, repossessors,
25 or auto clubs from opening automotive locks in the normal
26 course of their duties, as long as they do not hold
27 themselves out to the public as locksmiths. Additionally,
28 this Act shall not prohibit employees of towing services
29 from opening motor vehicle locks to enable a vehicle to
30 be moved without towing, provided that the towing service
31 does not hold itself out to the public, by yellow page
32 advertisement, through a sign at the facilities of the
33 towing service, or by any other advertisement, as a
34 locksmith.
HB1216 Engrossed -5- LRB9005005DPccB
1 (F) The practice of locksmithing by students in the
2 course of study in programs approved by the Department,
3 provided that the students do not hold themselves out to
4 the public as locksmiths.
5 (G) Servicing, installing, repairing, or rebuilding
6 locks by a lock manufacturer or anyone employed by a lock
7 manufacturer, as long as they do not hold themselves out
8 to the public as locksmiths.
9 (H) The provision of any of the products or
10 services in the practice of locksmithing as identified in
11 Section 5 of this Act by a business licensed by the State
12 of Illinois as a private alarm contractor or private
13 alarm contractor agency, as long as the principal purpose
14 of the services provided to a customer is not the
15 practice of locksmithing and the business does not hold
16 itself out to the public as a locksmith agency.
17 (I) Any maintenance employee of a property
18 management company at a multi-family residential building
19 from servicing, installing, repairing, or opening locks
20 for tenants as long as the maintenance employee does not
21 hold himself or herself out to the public as a locksmith.
22 (11) A person, firm, or corporation engaged in fire
23 protection engineering, including the design, testing, and
24 inspection of fire protection systems.
25 (12) The practice of professional engineering as defined
26 in the Professional Engineering Practice Act of 1989.
27 (13) The practice of structural engineering as defined
28 in the Structural Engineering Licensing Act of 1989.
29 (14) The practice of architecture as defined in the
30 Illinois Architecture Practice Act of 1989.
31 (15) The activities of persons or firms licensed under
32 the Illinois Public Accounting Act if performed in the course
33 of their professional practice.
34 (16) This Act does not prohibit any persons legally
HB1216 Engrossed -6- LRB9005005DPccB
1 regulated in this State under any other Act from engaging in
2 the practice for which they are licensed, provided that they
3 do not represent themselves by any title prohibited by this
4 Act.
5 (Source: P.A. 88-363; 88-535; 88-586, eff. 8-12-94; 89-366,
6 eff. 1-1-96.)
7 (225 ILCS 446/105)
8 Sec. 105. Issuance of license; renewal, fees.
9 (a) The Department shall, upon the applicant's
10 satisfactory completion of the requirements authorized under
11 this Act, and upon receipt of the requisite fees, issue the
12 appropriate license and wallet card showing the name and
13 business location of the licensee and the dates of issuance
14 and expiration, and containing a photograph of the licensee
15 provided to the Department that is not more than one year old
16 as of the date of application for licensure and reflects any
17 recent appearance changes.
18 (b) An applicant may upon satisfactory completion of
19 requirements authorized under this Act, and upon receipt of
20 requisite fees related to the application and testing for
21 licensure under this Act, elect to defer the issuance of the
22 applicant's initial license for a period not longer than 6
23 years. Any applicant who fails to request issuance of their
24 initial license or agency certificate and remit the fees
25 associated with that license within 6 years shall be required
26 to resubmit an applicant for licensure together with all
27 required fees.
28 (c) The expiration date, renewal period, and conditions
29 for renewal and restoration of each license, agency
30 certificate of registration, permanent employee registration
31 card, and firearm authorization card issued under this Act
32 shall be set by rule of the Department. The holder may renew
33 the license, agency certificate of registration, permanent
HB1216 Engrossed -7- LRB9005005DPccB
1 employee registration card, or firearm authorization card
2 during the month preceding its expiration by paying the
3 required fee and by meeting those conditions that the
4 Department may specify. Any license holder who notifies the
5 Department in writing, on forms prescribed by the Department,
6 may elect to place his or her license on an inactive status
7 for a period of no longer than 6 years and shall, subject to
8 the rules of the Department, be excused from payment of
9 renewal fees until he or she notifies the Department in
10 writing of a desire to resume active status. Practice while
11 on inactive status constitutes unlicensed practice. A
12 nonrenewed license that has lapsed for less than 6 years may
13 be restored upon payment of a $50 restoration fee plus all
14 lapsed renewal fees. A license that has lapsed for more than
15 6 years may be restored by paying the required fees specified
16 in this Section and by providing evidence of competence to
17 resume practice satisfactory to the Department and the Board,
18 which may include passage of the written examination. All
19 restoration fees and lapsed renewal fees shall be waived for
20 an applicant whose license lapsed while on active duty in the
21 military provided application for restoration is made within
22 one year after discharge from the service.
23 (d) The nonrefundable fees are as follows:
24 (1) The filing fee for the first examination is $25
25 plus the cost of determining an applicant's eligibility
26 and of providing the examination; subsequent examination
27 fees shall be the cost of the examination; the fee for
28 the examination shall be paid to the Department or its
29 designee.
30 (2) The initial issuance of any individual license
31 or agency certificate shall be $500.
32 (3) The initial issuance of a branch office
33 certificate is $200.
34 (4) The license issued to an applicant licensed in
HB1216 Engrossed -8- LRB9005005DPccB
1 another state or foreign country on the basis of
2 endorsement is $500.
3 (5) The triennial renewal of any individual license
4 or agency certificate is $450.
5 (6) The triennial renewal of a branch office
6 certificate is $200.
7 (7) The reinstatement of a license that has been
8 lapsed for less than 6 years is $50, plus all lapsed
9 renewal fees.
10 (8) The restoration of a lapsed license that has
11 been lapsed for more than 6 years is $100, plus all
12 lapsed renewal fees.
13 (9) The issuance of a duplicate license, agency
14 certificate of registration, permanent employee
15 registration card, certification of completion of 20-Hour
16 Basic Training, Certification of Firearm Training,
17 Firearm Authorization Card, or a certificate issued for a
18 change of name or address other than during the renewal
19 period is $25.
20 (10) The issuance of a permanent employee
21 registration card is $55; the triennial renewal of the
22 card is $45.
23 (11) The issuance of a firearm authorization card
24 is $55.
25 (12) The triennial renewal for a Firearm
26 Authorization Card is $45; reissuance of a Firearm
27 Authorization Card to an agency that has changed its name
28 is $10.00.
29 (13) For processing a fingerprint card by the State
30 Police the fee is the cost of processing, which shall be
31 made payable to the State Police Services Fund and shall
32 be remitted to the State Police for deposit into the
33 Fund.
34 (14) For review and verification of the scoring of
HB1216 Engrossed -9- LRB9005005DPccB
1 an examination administered by the Department, $20 plus
2 any actual fees charged by the testing service.
3 (15) For a roster of licensees or registrants the
4 fee shall be the cost of producing a roster.
5 (16) The fee for issuance of certification of a
6 license record shall be $20.
7 (17) The fee for issuance and renewal of an armed
8 proprietary security force registration is $20.
9 (18) The fee for reinstatement of a license from
10 inactive status that has lapsed for a period less than 6
11 years shall be the same as the current renewal fee.
12 Fees imposed on locksmith agencies by the Department
13 under items (2) and (5) apply only to agency applicants
14 proposing to have 2 or more registered employees, in the case
15 of an initial applicant, or having 2 or more registered
16 employees for the preceding licensing period, in the case of
17 a renewal applicant.
18 (Source: P.A. 88-363.)