Public Act 90-0633 of the 90th General Assembly
Public Act 90-0633
HB2391 Enrolled LRB9006968DPcwA
AN ACT to amend the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 1993 by changing
Section 30.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Private Detective, Private Alarm, Private
Security, and Locksmith Act of 1993 is amended by changing
Section 30 as follows:
(225 ILCS 446/30)
Sec. 30. Exemptions.
(a) This Act does not apply to:
(1) An officer or employee of the United States,
this State, or any political subdivision of either while
the officer or employee is engaged in the performance of
his or her official duties within the course and scope of
his or her employment with the United States, this State,
or any political subdivision of either. However, any
person who offers his or her services as a private
detective or private security contractor, or any title
when similar services are performed for compensation,
fee, or other valuable consideration, whether received
directly or indirectly, is subject to this Act and its
licensing requirements.
(2) An attorney-at-law licensed to practice in
Illinois while engaging in the practice of law.
(3) A person engaged exclusively in the business of
obtaining and furnishing information as to the financial
rating or credit worthiness of persons; and a person who
provides consumer reports in connection with:
(i) Credit transactions involving the consumer
on whom the information is to be furnished and
involving the extensions of credit to the consumer.
(ii) Information for employment purposes.
(iii) Information for the underwriting of
insurance involving the consumer.
(4) Insurance adjusters legally employed or under
contract as adjusters and who engage in no other
investigative activities other than those directly
connected with adjustment of claims against an insurance
company or self-insured by which they are employed or
with which they have a contract. No insurance adjuster
or company may utilize the term "investigation" or any
derivative thereof in its company name or in its
advertising other than for the handling of insurance
claims.
For the purposes of this Code, "insurance adjuster"
includes any person expressly authorized to act on behalf of
an insurance company or self-insured and any employee thereof
who acts or appears to act on behalf of the insurance company
or self-insured in matters relating to claims, including but
not limited to independent contractors while performing claim
services at the direction of the company.
(5) A person engaged exclusively and employed by a
person, firm, association, or corporation in the business
of transporting persons or property in interstate
commerce and making an investigation related to the
business of that employer.
(6) Any person, watchman, or guard employed
exclusively and regularly by one employer in connection
with the affairs of that employer only and there exists
an employer/employee relationship.
(7) Any law enforcement officer, as defined in the
Illinois Police Training Act, who has successfully
completed the requirements of basic law enforcement and
firearms training as prescribed by the Illinois Law
Enforcement Training Standards Board, employed by an
employer in connection with the affairs of that employer,
provided he or she is exclusively employed by the
employer during the hours or times he or she is scheduled
to work for that employer, and there exists an employer
and employee relationship.
In this subsection an "employee" is a person who is
employed by an employer who has the right to control and
direct the employee who performs the services in question,
not only as to the result to be accomplished by the work, but
also as to the details and means by which the result is to be
accomplished; and an "employer" is any person or entity, with
the exception of a private detective, private detective
agency, private security contractor, private security
contractor agency, private alarm contractor, or private alarm
contractor agency, whose purpose it is to hire persons to
perform the business of a private detective, private
detective agency, private security contractor, private
security contractor agency, private alarm contractor, or
private alarm contractor agency.
(8) A person who sells burglar alarm systems and
does not install, monitor, maintain, alter, repair,
service, or respond to burglar alarm systems at protected
premises or premises to be protected, provided:
(i) The burglar alarm systems are
approved either by Underwriters Laboratories or
another authoritative source recognized by the
Department and are identified by a federally
registered trademark.
(ii) The owner of the trademark has
expressly authorized the person to sell the
trademark owner's products, and the person
provides proof of this authorization upon the
request of the Department.
(iii) The owner of the trademark
maintains, and provides upon the Department's
request, a certificate evidencing insurance for
bodily injury or property damage arising from
faulty or defective products in an amount not
less than $1,000,000 combined single limit;
provided that the policy of insurance need not
relate exclusively to burglar alarm systems.
(9) A person who sells, installs, maintains, or
repairs automobile alarm systems.
(9-5) A person, firm, or corporation engaged solely
and exclusively in tracing and compiling lineage or
ancestry.
(b) (10) Nothing in this Act prohibits any of the
following:
(A) Servicing, installing, repairing, or rebuilding
automotive locks by automotive service dealers, as long
as they do not hold themselves out to the public as
locksmiths.
(B) Police, fire, or other municipal employees from
opening a lock in an emergency situation, as long as they
do not hold themselves out to the public as locksmiths.
(C) Any merchant or retail or hardware store from
duplicating keys, from installing, servicing, repairing,
rebuilding, reprogramming, or maintaining electronic
garage door devices or from selling locks or similar
security accessories not prohibited from sale by the
State of Illinois, as long as they do not hold themselves
out to the public as locksmiths.
(D) The installation or removal of complete locks
or locking devices by members of the building trades when
doing so in the course of residential or commercial new
construction or remodeling, as long as they do not hold
themselves out to the public as locksmiths.
(E) The employees of towing services, repossessors,
or auto clubs from opening automotive locks in the normal
course of their duties, as long as they do not hold
themselves out to the public as locksmiths. Additionally,
this Act shall not prohibit employees of towing services
from opening motor vehicle locks to enable a vehicle to
be moved without towing, provided that the towing service
does not hold itself out to the public, by yellow page
advertisement, through a sign at the facilities of the
towing service, or by any other advertisement, as a
locksmith.
(F) The practice of locksmithing by students in the
course of study in programs approved by the Department,
provided that the students do not hold themselves out to
the public as locksmiths.
(G) Servicing, installing, repairing, or rebuilding
locks by a lock manufacturer or anyone employed by a lock
manufacturer, as long as they do not hold themselves out
to the public as locksmiths.
(H) The provision of any of the products or
services in the practice of locksmithing as identified in
Section 5 of this Act by a business licensed by the State
of Illinois as a private alarm contractor or private
alarm contractor agency, as long as the principal purpose
of the services provided to a customer is not the
practice of locksmithing and the business does not hold
itself out to the public as a locksmith agency.
(I) Any maintenance employee of a property
management company at a multi-family residential building
from servicing, installing, repairing, or opening locks
for tenants as long as the maintenance employee does not
hold himself or herself out to the public as a locksmith.
(J) (11) A person, firm, or corporation from
engaging engaged in fire protection engineering,
including the design, testing, and inspection of fire
protection systems.
(K) (12) The practice of professional engineering
as defined in the Professional Engineering Practice Act
of 1989.
(L) (13) The practice of structural engineering as
defined in the Structural Engineering Licensing Act of
1989.
(M) (14) The practice of architecture as defined in
the Illinois Architecture Practice Act of 1989.
(N) (15) The activities of persons or firms
licensed under the Illinois Public Accounting Act if
performed in the course of their professional practice.
(c) (16) This Act does not prohibit any persons legally
regulated in this State under any other Act from engaging in
the practice for which they are licensed, provided that they
do not represent themselves by any title prohibited by this
Act. (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.