[ Back ] [ Bottom ]
91_HB0621eng
HB0621 Engrossed LRB9102725ACtm
1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security, and Locksmith Act of 1993 by changing
3 Sections 30 and 77.
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 77 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
HB0621 Engrossed -2- LRB9102725ACtm
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
17 of an insurance company or self-insured and any employee
18 thereof who acts or appears to act on behalf of the
19 insurance company or self-insured in matters relating to
20 claims, including but not limited to independent
21 contractors while performing claim services at the
22 direction of the company.
23 (5) A person engaged exclusively and employed by a
24 person, firm, association, or corporation in the business
25 of transporting persons or property in interstate
26 commerce and making an investigation related to the
27 business of that employer.
28 (6) Any person, watchman, or guard employed
29 exclusively and regularly by one employer in connection
30 with the affairs of that employer only and there exists
31 an employer/employee relationship.
32 (7) Any law enforcement officer, as defined in the
33 Illinois Police Training Act, who has successfully
34 completed the requirements of basic law enforcement and
HB0621 Engrossed -3- LRB9102725ACtm
1 firearms training as prescribed by the Illinois Law
2 Enforcement Training Standards Board, employed by an
3 employer in connection with the affairs of that employer,
4 provided he or she is exclusively employed by the
5 employer during the hours or times he or she is scheduled
6 to work for that employer, and there exists an employer
7 and employee relationship.
8 In this subsection an "employee" is a person who is
9 employed by an employer who has the right to control and
10 direct the employee who performs the services in
11 question, not only as to the result to be accomplished by
12 the work, but also as to the details and means by which
13 the result is to be accomplished; and an "employer" is
14 any person or entity, with the exception of a private
15 detective, private detective agency, private security
16 contractor, private security contractor agency, private
17 alarm contractor, or private alarm contractor agency,
18 whose purpose it is to hire persons to perform the
19 business of a private detective, private detective
20 agency, private security contractor, private security
21 contractor agency, private alarm contractor, or private
22 alarm contractor agency.
23 (8) A person who sells burglar alarm systems and
24 does not install, monitor, maintain, alter, repair,
25 service, or respond to burglar alarm systems at protected
26 premises or premises to be protected, provided:
27 (i) The burglar alarm systems are
28 approved either by Underwriters Laboratories or
29 another authoritative source recognized by the
30 Department and are identified by a federally
31 registered trademark.
32 (ii) The owner of the trademark has
33 expressly authorized the person to sell the
34 trademark owner's products, and the person
HB0621 Engrossed -4- LRB9102725ACtm
1 provides proof of this authorization upon the
2 request of the Department.
3 (iii) The owner of the trademark
4 maintains, and provides upon the Department's
5 request, a certificate evidencing insurance for
6 bodily injury or property damage arising from
7 faulty or defective products in an amount not
8 less than $1,000,000 combined single limit;
9 provided that the policy of insurance need not
10 relate exclusively to burglar alarm systems.
11 (9) A person who sells, installs, maintains, or
12 repairs automobile alarm systems.
13 (9-5) A person, firm, or corporation engaged solely
14 and exclusively in tracing and compiling lineage or
15 ancestry.
16 (b) Nothing in this Act prohibits any of the following:
17 (A) Servicing, installing, repairing, or rebuilding
18 automotive locks by automotive service dealers, as long
19 as they do not hold themselves out to the public as
20 locksmiths.
21 (B) Police, fire, or other municipal employees from
22 opening a lock in a life-threatening situation or when
23 the location of a vehicle creates a danger to the public
24 or when a diligent effort has been made to contact a
25 licensed locksmith who can provide the service in a
26 timely manner as determined by the police, fire, or other
27 municipal employee who shall take into consideration the
28 health and safety of the occupants of the vehicle an
29 emergency situation, as long as they do not hold
30 themselves out to the public as locksmiths.
31 (C) Any merchant or retail or hardware store from
32 duplicating keys, from installing, servicing, repairing,
33 rebuilding, reprogramming, or maintaining electronic
34 garage door devices or from selling locks or similar
HB0621 Engrossed -5- LRB9102725ACtm
1 security accessories not prohibited from sale by the
2 State of Illinois, as long as they do not hold themselves
3 out to the public as locksmiths.
4 (D) The installation or removal of complete locks
5 or locking devices by members of the building trades when
6 doing so in the course of residential or commercial new
7 construction or remodeling, as long as they do not hold
8 themselves out to the public as locksmiths.
9 (E) The employees of towing services, repossessors,
10 or auto clubs from opening automotive locks in the normal
11 course of their duties, as long as they do not hold
12 themselves out to the public as locksmiths. Additionally,
13 this Act shall not prohibit employees of towing services
14 from opening motor vehicle locks to enable a vehicle to
15 be moved without towing, provided that the towing service
16 does not hold itself out to the public, by yellow page
17 advertisement, through a sign at the facilities of the
18 towing service, or by any other advertisement, as a
19 locksmith.
20 (F) The practice of locksmithing by students in the
21 course of study in programs approved by the Department,
22 provided that the students do not hold themselves out to
23 the public as locksmiths.
24 (G) Servicing, installing, repairing, or rebuilding
25 locks by a lock manufacturer or anyone employed by a lock
26 manufacturer, as long as they do not hold themselves out
27 to the public as locksmiths.
28 (H) The provision of any of the products or
29 services in the practice of locksmithing as identified in
30 Section 5 of this Act by a business licensed by the State
31 of Illinois as a private alarm contractor or private
32 alarm contractor agency, as long as the principal purpose
33 of the services provided to a customer is not the
34 practice of locksmithing and the business does not hold
HB0621 Engrossed -6- LRB9102725ACtm
1 itself out to the public as a locksmith agency.
2 (I) Any maintenance employee of a property
3 management company at a multi-family residential building
4 from servicing, installing, repairing, or opening locks
5 for tenants as long as the maintenance employee does not
6 hold himself or herself out to the public as a locksmith.
7 (J) A person, firm, or corporation from engaging in
8 fire protection engineering, including the design,
9 testing, and inspection of fire protection systems.
10 (K) The practice of professional engineering as
11 defined in the Professional Engineering Practice Act of
12 1989.
13 (L) The practice of structural engineering as
14 defined in the Structural Engineering Licensing Act of
15 1989.
16 (M) The practice of architecture as defined in the
17 Illinois Architecture Practice Act of 1989.
18 (N) The activities of persons or firms licensed
19 under the Illinois Public Accounting Act if performed in
20 the course of their professional practice.
21 (c) This Act does not prohibit any persons legally
22 regulated in this State under any other Act from engaging in
23 the practice for which they are licensed, provided that they
24 do not represent themselves by any title prohibited by this
25 Act.
26 (Source: P.A. 89-366, eff. 1-1-96; 90-436, eff. 1-1-98;
27 90-633, eff. 7-24-98.)
28 (225 ILCS 446/77)
29 Sec. 77. Necessity for licensure of locksmith agencies;
30 grandfather provision.
31 (a) On or after January 1, 1997, no person shall
32 practice as a locksmith and no business entity shall operate
33 as a locksmith agency without first applying for and
HB0621 Engrossed -7- LRB9102725ACtm
1 obtaining a license for that purpose from the Department.
2 (b) Applications must be accompanied by the required
3 fee.
4 (c) In lieu of the examination given to other applicants
5 for licensure, the Director may issue a license to an
6 individual who presents proof to the Director that he or she
7 was actively engaged as a locksmith or as a supervisor,
8 manager, or administrator of a locksmith business for 3 years
9 out of the 5 years immediately preceding January 1, 1996 and
10 meets all other requirements of this Act.
11 (d) The application for a license without examination
12 shall be made to the Director within 2 years after the
13 effective date of this amendatory Act of 1995.
14 (e) A person who applies for licensure under this
15 Section between September 1, 1998 and September 30, 1998
16 shall be exempt from subsection (d) of this Section and shall
17 be issued a license upon proof of meeting all other
18 requirements for licensure under this Section.
19 (f) Notwithstanding subsection (d), a person who meets
20 the requirements of subsection (c) may receive a license
21 without examination if he or she applies to the Director
22 within 180 days after the effective date of this amendatory
23 Act of the 91st General Assembly.
24 (Source: P.A. 89-366, eff. 1-1-96; 90-602, eff. 6-26-98.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.
[ Top ]