State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]


92_SB0285

 
                                               LRB9207612ACcd

 1        AN ACT concerning the regulation of professions.

 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,
 5    Private Security, and Locksmith Act of  1993  is  amended  by
 6    changing Section 30 as follows:

 7        (225 ILCS 446/30)
 8        Sec. 30.  Exemptions.
 9        (a)  This Act does not apply to:
10             (1)  An  officer  or  employee of the United States,
11        this State, or any political subdivision of either  while
12        the  officer or employee is engaged in the performance of
13        his or her official duties within the course and scope of
14        his or her employment with the United States, this State,
15        or any political subdivision  of  either.   However,  any
16        person  who  offers  his  or  her  services  as a private
17        detective or private security contractor,  or  any  title
18        when  similar  services  are  performed for compensation,
19        fee, or other valuable  consideration,  whether  received
20        directly  or  indirectly,  is subject to this Act and its
21        licensing requirements.
22             (2)  An  attorney-at-law  licensed  to  practice  in
23        Illinois 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
29             on whom the  information  is  to  be  furnished  and
30             involving the extensions of credit to the consumer.
31                  (ii)  Information for employment purposes.
 
                            -2-                LRB9207612ACcd
 1                  (iii)  Information   for  the  underwriting  of
 2             insurance 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
 6        connected  with adjustment of claims against an insurance
 7        company or self-insured by which  they  are  employed  or
 8        with  which  they have a contract.  No insurance adjuster
 9        or company may utilize the term  "investigation"  or  any
10        derivative   thereof  in  its  company  name  or  in  its
11        advertising other than  for  the  handling  of  insurance
12        claims.
13             For  the purposes of this Code, "insurance adjuster"
14        includes any person expressly authorized to act on behalf
15        of an insurance company or self-insured and any  employee
16        thereof  who  acts  or  appears  to  act on behalf of the
17        insurance company or self-insured in matters relating  to
18        claims,   including   but   not  limited  to  independent
19        contractors  while  performing  claim  services  at   the
20        direction of the company.
21             (5)  A  person engaged exclusively and employed by a
22        person, firm, association, or corporation in the business
23        of  transporting  persons  or  property   in   interstate
24        commerce  and  making  an  investigation  related  to the
25        business of that employer.
26             (6)  Any  person,  watchman,   or   guard   employed
27        exclusively  and  regularly by one employer in connection
28        with the affairs of that employer only and  there  exists
29        an employer/employee relationship.
30             (7)  Any  law enforcement officer, as defined in the
31        Illinois  Police  Training  Act,  who  has   successfully
32        completed  the  requirements of basic law enforcement and
33        firearms training  as  prescribed  by  the  Illinois  Law
34        Enforcement  Training  Standards  Board,  employed  by an
 
                            -3-                LRB9207612ACcd
 1        employer in connection with the affairs of that employer,
 2        provided  he  or  she  is  exclusively  employed  by  the
 3        employer during the hours or times he or she is scheduled
 4        to work for that employer, and there exists  an  employer
 5        and employee relationship.
 6             In  this subsection an "employee" is a person who is
 7        employed by an employer who has the right to control  and
 8        direct   the   employee  who  performs  the  services  in
 9        question, not only as to the result to be accomplished by
10        the work, but also as to the details and means  by  which
11        the  result  is  to be accomplished; and an "employer" is
12        any person or entity, with the  exception  of  a  private
13        detective,  private  detective  agency,  private security
14        contractor, private security contractor  agency,  private
15        alarm  contractor,  or  private  alarm contractor agency,
16        whose purpose it  is  to  hire  persons  to  perform  the
17        business   of  a  private  detective,  private  detective
18        agency, private  security  contractor,  private  security
19        contractor  agency,  private alarm contractor, or private
20        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.
 
                            -4-                LRB9207612ACcd
 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             (10)  A  person  employed  as  either  an  armed  or
15        unarmed security guard  at  a  nuclear  energy,  storage,
16        weapons  or development site or facility regulated by the
17        Nuclear  Regulatory  Commission  who  has  completed  the
18        background screening and training mandated by  the  rules
19        and regulations of the Nuclear Regulatory Commission.
20             (11)  A  person  or  business  engaged in conducting
21        observations  of  consumer  purchases  of   products   or
22        services   in  the  public  environments  of  a  business
23        establishment with the  purpose  of  evaluating  customer
24        service,  operational  procedures,  cleanliness,  product
25        quality  and  availability,  or pricing with the use of a
26        client-approved, predetermined questionnaire that will be
27        utilized for employee training or  incentives,  but  will
28        not  be  used  as  the sole basis for possible employment
29        termination.  The person  or  business  entity  must  not
30        engage in any investigation or observation that in itself
31        could be grounds for employee prosecution.
32        (b)  Nothing in this Act prohibits any of the following:
33             (A)  Servicing, installing, repairing, or rebuilding
34        automotive  locks  by automotive service dealers, as long
 
                            -5-                LRB9207612ACcd
 1        as they do not hold  themselves  out  to  the  public  as
 2        locksmiths.
 3             (B)  Police, fire, or other municipal employees from
 4        opening a lock in an emergency situation, as long as they
 5        do not hold themselves out to the public as locksmiths.
 6             (C)  Any  merchant  or retail or hardware store from
 7        duplicating keys, from installing, servicing,  repairing,
 8        rebuilding,   reprogramming,  or  maintaining  electronic
 9        garage door devices or  from  selling  locks  or  similar
10        security  accessories  not  prohibited  from  sale by the
11        State of Illinois, as long as they do not hold themselves
12        out to the public as locksmiths.
13             (D)  The installation or removal of  complete  locks
14        or locking devices by members of the building trades when
15        doing  so  in the course of residential or commercial new
16        construction or remodeling, as long as they do  not  hold
17        themselves out to the public as locksmiths.
18             (E)  The employees of towing services, repossessors,
19        or auto clubs from opening automotive locks in the normal
20        course  of  their  duties,  as  long  as they do not hold
21        themselves out to the public as locksmiths. Additionally,
22        this Act shall not prohibit employees of towing  services
23        from  opening  motor vehicle locks to enable a vehicle to
24        be moved without towing, provided that the towing service
25        does not hold itself out to the public,  by  yellow  page
26        advertisement,  through  a  sign at the facilities of the
27        towing service, or  by  any  other  advertisement,  as  a
28        locksmith.
29             (F)  The practice of locksmithing by students in the
30        course  of  study in programs approved by the Department,
31        provided that the students do not hold themselves out  to
32        the public as locksmiths.
33             (G)  Servicing, installing, repairing, or rebuilding
34        locks by a lock manufacturer or anyone employed by a lock
 
                            -6-                LRB9207612ACcd
 1        manufacturer,  as long as they do not hold themselves out
 2        to the public as locksmiths.
 3             (H)  The  provision  of  any  of  the  products   or
 4        services in the practice of locksmithing as identified in
 5        Section 5 of this Act by a business licensed by the State
 6        of  Illinois  as  a  private  alarm contractor or private
 7        alarm contractor agency, as long as the principal purpose
 8        of the  services  provided  to  a  customer  is  not  the
 9        practice  of  locksmithing and the business does not hold
10        itself out to the public as a locksmith agency.
11             (I)  Any  maintenance   employee   of   a   property
12        management company at a multi-family residential building
13        from  servicing,  installing, repairing, or opening locks
14        for tenants as long as the maintenance employee does  not
15        hold himself or herself out to the public as a locksmith.
16             (J)  A person, firm, or corporation from engaging in
17        fire   protection   engineering,  including  the  design,
18        testing, and inspection of fire protection systems.
19             (K)  The practice  of  professional  engineering  as
20        defined  in  the Professional Engineering Practice Act of
21        1989.
22             (L)  The  practice  of  structural  engineering   as
23        defined  in  the  Structural  Engineering Practice Act of
24        1989.
25             (M)  The practice of architecture as defined in  the
26        Illinois Architecture Practice Act of 1989.
27             (N)  The  activities  of  persons  or firms licensed
28        under the Illinois Public Accounting Act if performed  in
29        the course of their professional practice.
30        (c)  This  Act  does  not  prohibit  any  persons legally
31    regulated in this State under any other Act from engaging  in
32    the  practice for which they are licensed, provided that they
33    do not represent themselves by any title prohibited  by  this
34    Act.
 
                            -7-                LRB9207612ACcd
 1    (Source:  P.A.  90-436,  eff.  1-1-98;  90-633, eff. 7-24-98;
 2    91-91, eff. 1-1-00; 91-287, eff. 1-1-00; revised 10-7-99.)

 3        Section 99.  Effective date.  This Act takes effect  upon
 4    becoming law.

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