State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

90_HB0072

      225 ILCS 446/5
      225 ILCS 446/30
          Amends the  Private  Detective,  Private  Alarm,  Private
      Security,  and  Locksmith  Act  of  1993  to  exempt from the
      requirements of the Act journalists and  persons  who  obtain
      information,  with  reference  to  the  truth or falsity of a
      statement, from public records. Effective immediately.
                                                     LRB9000428DPcc
                                               LRB9000428DPcc
 1        AN ACT to amend the  Private  Detective,  Private  Alarm,
 2    Private  Security,  and  Locksmith  Act  of  1993 by changing
 3    Sections 5 and 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    Sections 5 and 30 as follows:
 9        (225 ILCS 446/5)
10        Sec. 5.  Definitions.  In this Act:
11        "Armed employee" means a licensee  or  a  person  who  is
12    currently  employed by an agency certified under this Act who
13    is armed while engaged in the performance of official  duties
14    within  the  course  and  scope  of  his or her employment or
15    exclusively employed by an employer during the hours or times
16    he or she is scheduled to  work  for  that  employer,  or  is
17    commuting  between  his  or her home and place of employment,
18    provided the commuting is accomplished within one  hour  from
19    departure  from home or place of employment, and there exists
20    an employer/employee relationship, whose  full  or  part-time
21    duties  include  the  wearing,  carrying  or  possessing of a
22    firearm in the performance of those duties.
23        "Board" means the  Illinois  Private  Detective,  Private
24    Alarm, Private Security, and Locksmith Board.
25        "Department"    means    the   Illinois   Department   of
26    Professional Regulation.
27        "Director"  means  the  Director  of  the  Department  of
28    Professional Regulation.
29        "Person" means a natural person.
30        "Private alarm contractor" means any person  who  engages
31    in  a  business  that  sells,  installs, monitors, maintains,
                            -2-                LRB9000428DPcc
 1    alters, repairs, replaces, services,  or  responds  to  alarm
 2    systems,  including fire alarm systems, at protected premises
 3    or at premises to be protected on an emergency basis and  not
 4    as a full-time security guard; but does not include a person,
 5    firm, or corporation that manufactures or sells alarm systems
 6    only  from  its place of business and does not sell, install,
 7    monitor,  maintain,  alter,  repair,  replace,  service,   or
 8    respond to alarm systems at protected premises or premises to
 9    be  protected or a licensed electrical contractor who repairs
10    or services fire  alarm  systems  on  an  "emergency  call-in
11    basis",  or  who  sells,  installs,  maintains,  alters,  and
12    repairs, or services fire alarm systems.
13        "Private alarm contractor agency" means any person, firm,
14    association, or corporation that engages in the private alarm
15    contractor  business  and  employs  one  or  more  persons in
16    conducting the business.
17        "Private detective" means any person who  by  any  means,
18    including  but  not  limited to manual or electronic methods,
19    engages in the business of, accepts employment to furnish, or
20    agrees to make or makes  investigations  for  fees  or  other
21    valuable  consideration  to obtain information with reference
22    to:
23             (1)  Crimes  Crime  or  wrongs  done  or  threatened
24        against the United States or any state  or  territory  of
25        the United States.
26             (2)  The   identity,   habits,   conduct,   business
27        occupation,  honesty,  integrity, credibility, knowledge,
28        trustworthiness,    efficiency,    loyalty,     activity,
29        movements,   whereabouts,   affiliations,   associations,
30        transactions,  acts,  reputation,  or  character  of  any
31        person,  firm, association, or corporation, by any means,
32        manually or electronically.
33             (3)  The location, disposition, or recovery of  lost
34        or stolen property.
                            -3-                LRB9000428DPcc
 1             (4)  The cause, origin, or responsibility for fires,
 2        accidents, or injuries to real or personal property.
 3             (5)  The  truth  or  falsity  of  any  statement  or
 4        representation,   other  than  information  contained  in
 5        public records.
 6             (6)  Securing evidence to be used before any  court,
 7        board, officer, or investigating committee.
 8             (7)  Personal  protection of individuals from bodily
 9        harm or death (bodyguard functions).
10             (8)  Service  of  process  in  criminal  and   civil
11        proceedings without court order.
12        "Private   detective  agency"  means  any  person,  firm,
13    association, or  corporation  that  engages  in  the  private
14    detective  business  and  employs  one  or  more  persons  in
15    conducting the business.
16        "Private   security  contractor"  means  any  person  who
17    engages  in  the  business  of  providing  a  private  guard,
18    watchman, patrol service, or any like service  by  any  other
19    title  or  name  on  a  contractual basis for another person,
20    firm, association, or corporation for a fee or other valuable
21    consideration and performing one or  more  of  the  following
22    functions:
23             (1)  The   prevention  or  detection  of  intrusion,
24        entry, theft, vandalism,  abuse,  fire,  or  trespass  on
25        private or governmental property.
26             (2)  The  prevention,  observation,  or detection of
27        any unauthorized  activity  on  private  or  governmental
28        property.
29             (3)  The  protection of patrons and persons lawfully
30        authorized to be on the premises  of  the  person,  firm,
31        association,   or   corporation   for   whom  he  or  she
32        contractually is obligated to provide security services.
33             (4)  The  prevention  of  the  misappropriation   or
34        concealment   of  goods,  money,  bonds,  stocks,  notes,
                            -4-                LRB9000428DPcc
 1        valuable documents, or papers.
 2             (5)  The control, regulation, or  direction  of  the
 3        flow  or  movement  of  the public, whether by vehicle or
 4        otherwise, only to the extent and for the  time  directly
 5        and  specifically  required  to  assure the protection of
 6        property on property owned or controlled by the client.
 7             (6)  The protection of individuals from bodily  harm
 8        or death (bodyguard functions).
 9        "Private  security  contractor  agency" means any person,
10    firm, association, or corporation that engages in the private
11    security contractor business and that  employs  one  or  more
12    persons in conducting the business.
13        "Locksmith"  means  a  person  who has received a license
14    under  this  Act  and  who  engages  in   the   practice   of
15    locksmithing as defined in this Act.
16        "Locksmith  agency"  means any person, firm, association,
17    or corporation that engages in  the  locksmith  business  and
18    that employs one or more persons in conducting the business.
19        "The  practice  of  locksmithing"  includes,  but  is not
20    limited to,  the  servicing,  installing,  originating  first
21    keys,  re-coding, manipulation, or bypassing of mechanical or
22    electronic locking  devices  at  premises,  vehicles,  safes,
23    vaults, safe deposit boxes, or automatic teller machines.
24        "Public member" means a person who is not a licensee or a
25    relative  of  a  licensee,  or  who  is not an employer or an
26    employee of  a  licensee.    The  term  "relative"  shall  be
27    determined by rules of the Department.
28        "In  charge" means the individual licensee whose name and
29    license number appear on a certificate of registration for  a
30    detective,   private   security   contractor,  private  alarm
31    contractor, or locksmith  agency  is  a  full-time  executive
32    employee  or  owner  who  assumes full responsibility for all
33    employees of the agency and for their directed  actions,  and
34    assumes  full  responsibility  for  maintaining  all  records
                            -5-                LRB9000428DPcc
 1    required  by  this  Act  or  rule  of  the  Department and is
 2    responsible for otherwise assuring compliance with this  Act.
 3    Records shall be maintained at a location in Illinois and the
 4    address  of  the  location  filed  with  the  Department  and
 5    accessible  to  Department representatives in accordance with
 6    Section 115 of this Act.  This does not relieve  any  person,
 7    firm, association, or corporation licensed as an agency under
 8    this   Act   from   also  assuming  full  responsibility  for
 9    compliance with this Act.  It is the  responsibility  of  the
10    licensee  in  charge  to  notify  the  Department, in writing
11    within 10 days, when the licensee terminates his  or  her  in
12    charge relationship with an agency.
13        "Permanent  employee  registration  card"  means  a  card
14    issued  by the Department to an individual who has applied to
15    the Department and has been found  to  be  employable  by  an
16    agency certified under this Act.
17        "Firearm  authorization  card" means a card issued by the
18    Department that authorizes  the  holder  to  carry  a  weapon
19    during  the  performance  of  his  or her duties as specified
20    under Section 180 of this Act.
21        "Burglar alarm system" means  any  system,  including  an
22    electronic access system or other electronic security system,
23    that  activates  an  audible,  visible, or remote signal that
24    requires a response and is designed  for  the  prevention  or
25    detection of intrusion, entry, theft, vandalism, or trespass.
26        "Fire alarm system" means any system that is activated by
27    any  automatic  or  manual  device in the detection of smoke,
28    heat, or fire that activates an audible, visible,  or  remote
29    signal that requires response.
30        "Branch  office" means any business location removed from
31    the place of business for which an agency  license  has  been
32    issued.
33        "Armed  proprietary  security  force"  means any security
34    force made up of 5 or more armed individuals  employed  in  a
                            -6-                LRB9000428DPcc
 1    commercial   or  industrial  operation;  one  or  more  armed
 2    individuals employed in a  financial  operation  as  security
 3    guards  for  the  protection of persons; or one or more armed
 4    individuals employed for the protection of  private  property
 5    related to a commercial, industrial, or financial operation.
 6    (Source: P.A. 88-363; 89-366, eff. 1-1-96.)
 7        (225 ILCS 446/30)
 8        Sec. 30.  Exemptions. This Act does not apply to:
 9             (1)  An  officer  or  employee of the United States,
10        this State, or any political subdivision of either  while
11        the  officer or employee is engaged in the performance of
12        his or her official duties within the course and scope of
13        his or her employment with the United States, this State,
14        or any political subdivision  of  either.   However,  any
15        person  who  offers  his  or  her  services  as a private
16        detective or private security contractor,  or  any  title
17        when  similar  services  are  performed for compensation,
18        fee, or other valuable  consideration,  whether  received
19        directly  or  indirectly,  is subject to this Act and its
20        licensing requirements.
21             (2)  An  attorney-at-law  licensed  to  practice  in
22        Illinois while engaging in the practice of law.
23             (3)  A person engaged exclusively in the business of
24        obtaining and furnishing information as to the  financial
25        rating  or credit worthiness of persons; and a person who
26        provides consumer reports in connection with:
27                  (i)  Credit transactions involving the consumer
28             on whom the  information  is  to  be  furnished  and
29             involving the extensions of credit to the consumer.
30                  (ii)  Information for employment purposes.
31                  (iii)  Information   for  the  underwriting  of
32             insurance involving the consumer.
33             (4)  Insurance adjusters legally employed  or  under
                            -7-                LRB9000428DPcc
 1        contract   as  adjusters  and  who  engage  in  no  other
 2        investigative  activities  other  than   those   directly
 3        connected  with adjustment of claims against an insurance
 4        company or self-insured by which  they  are  employed  or
 5        with  which  they have a contract.  No insurance adjuster
 6        or company may utilize the term  "investigation"  or  any
 7        derivative   thereof  in  its  company  name  or  in  its
 8        advertising other than  for  the  handling  of  insurance
 9        claims.
10             For  the purposes of this Code, "insurance adjuster"
11        includes any person expressly authorized to act on behalf
12        of an insurance company or self-insured and any  employee
13        thereof  who  acts  or  appears  to  act on behalf of the
14        insurance company or self-insured in matters relating  to
15        claims,   including   but   not  limited  to  independent
16        contractors  while  performing  claim  services  at   the
17        direction of the company.
18             (5)  A  person engaged exclusively and employed by a
19        person, firm, association, or corporation in the business
20        of  transporting  persons  or  property   in   interstate
21        commerce  and  making  an  investigation  related  to the
22        business of that employer.
23             (6)  Any  person,  watchman,   or   guard   employed
24        exclusively  and  regularly by one employer in connection
25        with the affairs of that employer only and  there  exists
26        an employer/employee relationship.
27             (7)  Any  law enforcement officer, as defined in the
28        Illinois  Police  Training  Act,  who  has   successfully
29        completed  the  requirements of basic law enforcement and
30        firearms training  as  prescribed  by  the  Illinois  Law
31        Enforcement  Training  Standards  Board,  employed  by an
32        employer in connection with the affairs of that employer,
33        provided  he  or  she  is  exclusively  employed  by  the
34        employer during the hours or times he or she is scheduled
                            -8-                LRB9000428DPcc
 1        to work for that employer, and there exists  an  employer
 2        and employee relationship.
 3             In  this subsection an "employee" is a person who is
 4        employed by an employer who has the right to control  and
 5        direct   the   employee  who  performs  the  services  in
 6        question, not only as to the result to be accomplished by
 7        the work, but also as to the details and means  by  which
 8        the  result  is  to be accomplished; and an "employer" is
 9        any person or entity, with the  exception  of  a  private
10        detective,  private  detective  agency,  private security
11        contractor, private security contractor  agency,  private
12        alarm  contractor,  or  private  alarm contractor agency,
13        whose purpose it  is  to  hire  persons  to  perform  the
14        business   of  a  private  detective,  private  detective
15        agency, private  security  contractor,  private  security
16        contractor  agency,  private alarm contractor, or private
17        alarm contractor agency.
18             (8)  A person who sells burglar  alarm  systems  and
19        does  not  install,  monitor,  maintain,  alter,  repair,
20        service, or respond to burglar alarm systems at protected
21        premises or premises to be protected, provided:
22                  (i)  The  burglar  alarm  systems  are approved
23             either  by  Underwriters  Laboratories  or   another
24             authoritative  source  recognized  by the Department
25             and  are  identified  by  a   federally   registered
26             trademark.
27                  (ii)  The  owner of the trademark has expressly
28             authorized the person to sell the trademark  owner's
29             products,  and  the  person  provides  proof of this
30             authorization upon the request of the Department.
31                  (iii)  The owner of  the  trademark  maintains,
32             and   provides  upon  the  Department's  request,  a
33             certificate evidencing insurance for  bodily  injury
34             or  property damage arising from faulty or defective
                            -9-                LRB9000428DPcc
 1             products in  an  amount  not  less  than  $1,000,000
 2             combined  single  limit; provided that the policy of
 3             insurance need not  relate  exclusively  to  burglar
 4             alarm systems.
 5             (9)  A  person  who  sells,  installs, maintains, or
 6        repairs automobile alarm systems.
 7             (10)  Nothing in  this  Act  prohibits  any  of  the
 8        following:
 9                  (A)  Servicing,   installing,   repairing,   or
10             rebuilding  automotive  locks  by automotive service
11             dealers, as long as they do not hold themselves  out
12             to the public as locksmiths.
13                  (B)  Police, fire, or other municipal employees
14             from  opening  a  lock in an emergency situation, as
15             long as they do  not  hold  themselves  out  to  the
16             public as locksmiths.
17                  (C)  Any  merchant  or retail or hardware store
18             from duplicating keys, from  installing,  servicing,
19             repairing, rebuilding, reprogramming, or maintaining
20             electronic garage door devices or from selling locks
21             or  similar security accessories not prohibited from
22             sale by the State of Illinois, as long  as  they  do
23             not hold themselves out to the public as locksmiths.
24                  (D)  The  installation  or  removal of complete
25             locks or locking devices by members of the  building
26             trades when doing so in the course of residential or
27             commercial  new  construction or remodeling, as long
28             as they do not hold themselves out to the public  as
29             locksmiths.
30                  (E)  The    employees   of   towing   services,
31             repossessors, or auto clubs from opening  automotive
32             locks  in the normal course of their duties, as long
33             as they do not hold themselves out to the public  as
34             locksmiths.
                            -10-               LRB9000428DPcc
 1                  (F)  The  practice  of locksmithing by students
 2             in the course of study in programs approved  by  the
 3             Department,  provided  that the students do not hold
 4             themselves out to the public as locksmiths.
 5                  (G)  Servicing,   installing,   repairing,   or
 6             rebuilding locks by a lock  manufacturer  or  anyone
 7             employed  by a lock manufacturer, as long as they do
 8             not hold themselves out to the public as locksmiths.
 9                  (H)  The provision of any of  the  products  or
10             services   in   the   practice  of  locksmithing  as
11             identified in Section 5 of this Act  by  a  business
12             licensed by the State of Illinois as a private alarm
13             contractor  or  private  alarm contractor agency, as
14             long  as  the  principal  purpose  of  the  services
15             provided to  a  customer  is  not  the  practice  of
16             locksmithing  and  the business does not hold itself
17             out to the public as a locksmith agency.
18                  (I)  Any maintenance  employee  of  a  property
19             management  company  at  a  multi-family residential
20             building from servicing, installing,  repairing,  or
21             opening locks for tenants as long as the maintenance
22             employee does not hold himself or herself out to the
23             public as a locksmith.
24             (11)  A person, firm, or corporation engaged in fire
25        protection  engineering,  including  the design, testing,
26        and inspection of fire protection systems.
27             (12)  The practice of  professional  engineering  as
28        defined  in  the Professional Engineering Practice Act of
29        1989.
30             (13)  The  practice  of  structural  engineering  as
31        defined in the Structural Engineering  Licensing  Act  of
32        1989.
33             (14)  The practice of architecture as defined in the
34        Illinois Architecture Practice Act of 1989.
                            -11-               LRB9000428DPcc
 1             (15)  The  activities  of  persons or firms licensed
 2        under the Illinois Public Accounting Act if performed  in
 3        the course of their professional practice.
 4             (16)  This Act does not prohibit any persons legally
 5        regulated in this State under any other Act from engaging
 6        in  the  practice  for  which they are licensed, provided
 7        that they  do  not  represent  themselves  by  any  title
 8        prohibited by this Act.
 9             (17)  A person regularly engaged in, connected with,
10        or  employed  by a publisher or news media, including but
11        not limited to newspapers, magazines, press associations,
12        news agencies, wire services, radio, television, or other
13        similar media, for the purpose of obtaining,  processing,
14        transmitting,   compiling,  or  editing  information  for
15        disemination to the general public.
16    (Source: P.A. 88-363; 88-535; 88-586, eff.  8-12-94;  89-366,
17    eff. 1-1-96.)
18        Section  99.  Effective  date. This Act takes effect upon
19    becoming law.

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