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90_HB2391eng
225 ILCS 446/30
Amends the Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993. Provides that the Act
does not apply to a person, firm, or corporation engaged
solely and exclusively in tracing and compiling lineage or
ancestry. Effective immediately.
LRB9006968DPcwA
HB2391 Engrossed LRB9006968DPcwA
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 of
17 an insurance company or self-insured and any employee thereof
18 who acts or appears to act on behalf of the insurance company
19 or self-insured in matters relating to claims, including but
20 not limited to independent contractors while performing claim
21 services at the 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
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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 question,
10 not only as to the result to be accomplished by the work, but
11 also as to the details and means by which the result is to be
12 accomplished; and an "employer" is any person or entity, with
13 the exception of a private detective, private detective
14 agency, private security contractor, private security
15 contractor agency, private alarm contractor, or private alarm
16 contractor agency, whose purpose it is to hire persons to
17 perform the business of a private detective, private
18 detective agency, private security contractor, private
19 security contractor agency, private alarm contractor, or
20 private alarm contractor agency.
21 (8) A person who sells burglar alarm systems and
22 does not install, monitor, maintain, alter, repair,
23 service, or respond to burglar alarm systems at protected
24 premises or premises to be protected, provided:
25 (i) The burglar alarm systems are
26 approved either by Underwriters Laboratories or
27 another authoritative source recognized by the
28 Department and are identified by a federally
29 registered trademark.
30 (ii) The owner of the trademark has
31 expressly authorized the person to sell the
32 trademark owner's products, and the person
33 provides proof of this authorization upon the
34 request of the Department.
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1 (iii) The owner of the trademark
2 maintains, and provides upon the Department's
3 request, a certificate evidencing insurance for
4 bodily injury or property damage arising from
5 faulty or defective products in an amount not
6 less than $1,000,000 combined single limit;
7 provided that the policy of insurance need not
8 relate exclusively to burglar alarm systems.
9 (9) A person who sells, installs, maintains, or
10 repairs automobile alarm systems.
11 (9-5) A person, firm, or corporation engaged solely
12 and exclusively in tracing and compiling lineage or
13 ancestry.
14 (b) (10) Nothing in this Act prohibits any of the
15 following:
16 (A) Servicing, installing, repairing, or rebuilding
17 automotive locks by automotive service dealers, as long
18 as they do not hold themselves out to the public as
19 locksmiths.
20 (B) Police, fire, or other municipal employees from
21 opening a lock in an emergency situation, as long as they
22 do not hold themselves out to the public as locksmiths.
23 (C) Any merchant or retail or hardware store from
24 duplicating keys, from installing, servicing, repairing,
25 rebuilding, reprogramming, or maintaining electronic
26 garage door devices or from selling locks or similar
27 security accessories not prohibited from sale by the
28 State of Illinois, as long as they do not hold themselves
29 out to the public as locksmiths.
30 (D) The installation or removal of complete locks
31 or locking devices by members of the building trades when
32 doing so in the course of residential or commercial new
33 construction or remodeling, as long as they do not hold
34 themselves out to the public as locksmiths.
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1 (E) The employees of towing services, repossessors,
2 or auto clubs from opening automotive locks in the normal
3 course of their duties, as long as they do not hold
4 themselves out to the public as locksmiths. Additionally,
5 this Act shall not prohibit employees of towing services
6 from opening motor vehicle locks to enable a vehicle to
7 be moved without towing, provided that the towing service
8 does not hold itself out to the public, by yellow page
9 advertisement, through a sign at the facilities of the
10 towing service, or by any other advertisement, as a
11 locksmith.
12 (F) The practice of locksmithing by students in the
13 course of study in programs approved by the Department,
14 provided that the students do not hold themselves out to
15 the public as locksmiths.
16 (G) Servicing, installing, repairing, or rebuilding
17 locks by a lock manufacturer or anyone employed by a lock
18 manufacturer, as long as they do not hold themselves out
19 to the public as locksmiths.
20 (H) The provision of any of the products or
21 services in the practice of locksmithing as identified in
22 Section 5 of this Act by a business licensed by the State
23 of Illinois as a private alarm contractor or private
24 alarm contractor agency, as long as the principal purpose
25 of the services provided to a customer is not the
26 practice of locksmithing and the business does not hold
27 itself out to the public as a locksmith agency.
28 (I) Any maintenance employee of a property
29 management company at a multi-family residential building
30 from servicing, installing, repairing, or opening locks
31 for tenants as long as the maintenance employee does not
32 hold himself or herself out to the public as a locksmith.
33 (J) (11) A person, firm, or corporation from
34 engaging engaged in fire protection engineering,
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1 including the design, testing, and inspection of fire
2 protection systems.
3 (K) (12) The practice of professional engineering
4 as defined in the Professional Engineering Practice Act
5 of 1989.
6 (L) (13) The practice of structural engineering as
7 defined in the Structural Engineering Licensing Act of
8 1989.
9 (M) (14) The practice of architecture as defined in
10 the Illinois Architecture Practice Act of 1989.
11 (N) (15) The activities of persons or firms
12 licensed under the Illinois Public Accounting Act if
13 performed in the course of their professional practice.
14 (c) (16) This Act does not prohibit any persons legally
15 regulated in this State under any other Act from engaging in
16 the practice for which they are licensed, provided that they
17 do not represent themselves by any title prohibited by this
18 Act. (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.