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| [ Introduced ] | [ House Amendment 001 ] |
92_SB0285eng SB285 Engrossed 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. SB285 Engrossed -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 SB285 Engrossed -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. SB285 Engrossed -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 SB285 Engrossed -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 SB285 Engrossed -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. SB285 Engrossed -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.