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| [ Senate Amendment 001 ] |
90_HB1216ham001
LRB9005005DPccam01
1 AMENDMENT TO HOUSE BILL 1216
2 AMENDMENT NO. . Amend House Bill 1216 on page 1, in
3 lines 3 and 8, by replacing "Section 105", each time it
4 appears, with "Sections 30 and 105"; and
5 on page 1, immediately below line 8, by inserting the
6 following:
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, this
10 State, or any political subdivision of either while the
11 officer or employee is engaged in the performance of his or
12 her official duties within the course and scope of his or her
13 employment with the United States, this State, or any
14 political subdivision of either. However, any person who
15 offers his or her services as a private detective or private
16 security contractor, or any title when similar services are
17 performed for compensation, fee, or other valuable
18 consideration, whether received directly or indirectly, is
19 subject to this Act and its licensing requirements.
20 (2) An attorney-at-law licensed to practice in Illinois
21 while engaging in the practice of law.
22 (3) A person engaged exclusively in the business of
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1 obtaining and furnishing information as to the financial
2 rating or credit worthiness of persons; and a person who
3 provides consumer reports in connection with:
4 (i) Credit transactions involving the consumer on
5 whom the information is to be furnished and involving the
6 extensions of credit to the consumer.
7 (ii) Information for employment purposes.
8 (iii) Information for the underwriting of insurance
9 involving the consumer.
10 (4) Insurance adjusters legally employed or under
11 contract as adjusters and who engage in no other
12 investigative activities other than those directly connected
13 with adjustment of claims against an insurance company or
14 self-insured by which they are employed or with which they
15 have a contract. No insurance adjuster or company may
16 utilize the term "investigation" or any derivative thereof in
17 its company name or in its advertising other than for the
18 handling of insurance claims.
19 For the purposes of this Code, "insurance adjuster"
20 includes any person expressly authorized to act on behalf of
21 an insurance company or self-insured and any employee thereof
22 who acts or appears to act on behalf of the insurance company
23 or self-insured in matters relating to claims, including but
24 not limited to independent contractors while performing claim
25 services at the direction of the company.
26 (5) A person engaged exclusively and employed by a
27 person, firm, association, or corporation in the business of
28 transporting persons or property in interstate commerce and
29 making an investigation related to the business of that
30 employer.
31 (6) Any person, watchman, or guard employed exclusively
32 and regularly by one employer in connection with the affairs
33 of that employer only and there exists an employer/employee
34 relationship.
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1 (7) Any law enforcement officer, as defined in the
2 Illinois Police Training Act, who has successfully completed
3 the requirements of basic law enforcement and firearms
4 training as prescribed by the Illinois Law Enforcement
5 Training Standards Board, employed by an employer in
6 connection with the affairs of that employer, provided he or
7 she is exclusively employed by the employer during the hours
8 or times he or she is scheduled to work for that employer,
9 and there exists an employer and employee relationship.
10 In this subsection an "employee" is a person who is
11 employed by an employer who has the right to control and
12 direct the employee who performs the services in question,
13 not only as to the result to be accomplished by the work, but
14 also as to the details and means by which the result is to be
15 accomplished; and an "employer" is any person or entity, with
16 the exception of a private detective, private detective
17 agency, private security contractor, private security
18 contractor agency, private alarm contractor, or private alarm
19 contractor agency, whose purpose it is to hire persons to
20 perform the business of a private detective, private
21 detective agency, private security contractor, private
22 security contractor agency, private alarm contractor, or
23 private alarm contractor agency.
24 (8) A person who sells burglar alarm systems and does
25 not install, monitor, maintain, alter, repair, service, or
26 respond to burglar alarm systems at protected premises or
27 premises to be protected, provided:
28 (i) The burglar alarm systems are approved either
29 by Underwriters Laboratories or another authoritative
30 source recognized by the Department and are identified by
31 a federally registered trademark.
32 (ii) The owner of the trademark has expressly
33 authorized the person to sell the trademark owner's
34 products, and the person provides proof of this
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1 authorization upon the request of the Department.
2 (iii) The owner of the trademark maintains, and
3 provides upon the Department's request, a certificate
4 evidencing insurance for bodily injury or property damage
5 arising from faulty or defective products in an amount
6 not less than $1,000,000 combined single limit; provided
7 that the policy of insurance need not relate exclusively
8 to burglar alarm systems.
9 (9) A person who sells, installs, maintains, or repairs
10 automobile alarm systems.
11 (10) Nothing in this Act prohibits any of the following:
12 (A) Servicing, installing, repairing, or rebuilding
13 automotive locks by automotive service dealers, as long
14 as they do not hold themselves out to the public as
15 locksmiths.
16 (B) Police, fire, or other municipal employees from
17 opening a lock in an emergency situation, as long as they
18 do not hold themselves out to the public as locksmiths.
19 (C) Any merchant or retail or hardware store from
20 duplicating keys, from installing, servicing, repairing,
21 rebuilding, reprogramming, or maintaining electronic
22 garage door devices or from selling locks or similar
23 security accessories not prohibited from sale by the
24 State of Illinois, as long as they do not hold themselves
25 out to the public as locksmiths.
26 (D) The installation or removal of complete locks
27 or locking devices by members of the building trades when
28 doing so in the course of residential or commercial new
29 construction or remodeling, as long as they do not hold
30 themselves out to the public as locksmiths.
31 (E) The employees of towing services, repossessors,
32 or auto clubs from opening automotive locks in the normal
33 course of their duties, as long as they do not hold
34 themselves out to the public as locksmiths. Additionally,
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1 this Act shall not prohibit employees of towing services
2 from opening motor vehicle locks to enable a vehicle to
3 be moved without towing, provided that the towing service
4 does not hold itself out to the public, by yellow page
5 advertisement, through a sign at the facilities of the
6 towing service, or by any other advertisement, as a
7 locksmith.
8 (F) The practice of locksmithing by students in the
9 course of study in programs approved by the Department,
10 provided that the students do not hold themselves out to
11 the public as locksmiths.
12 (G) Servicing, installing, repairing, or rebuilding
13 locks by a lock manufacturer or anyone employed by a lock
14 manufacturer, as long as they do not hold themselves out
15 to the public as locksmiths.
16 (H) The provision of any of the products or
17 services in the practice of locksmithing as identified in
18 Section 5 of this Act by a business licensed by the State
19 of Illinois as a private alarm contractor or private
20 alarm contractor agency, as long as the principal purpose
21 of the services provided to a customer is not the
22 practice of locksmithing and the business does not hold
23 itself out to the public as a locksmith agency.
24 (I) Any maintenance employee of a property
25 management company at a multi-family residential building
26 from servicing, installing, repairing, or opening locks
27 for tenants as long as the maintenance employee does not
28 hold himself or herself out to the public as a locksmith.
29 (11) A person, firm, or corporation engaged in fire
30 protection engineering, including the design, testing, and
31 inspection of fire protection systems.
32 (12) The practice of professional engineering as defined
33 in the Professional Engineering Practice Act of 1989.
34 (13) The practice of structural engineering as defined
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1 in the Structural Engineering Licensing Act of 1989.
2 (14) The practice of architecture as defined in the
3 Illinois Architecture Practice Act of 1989.
4 (15) The activities of persons or firms licensed under
5 the Illinois Public Accounting Act if performed in the course
6 of their professional practice.
7 (16) This Act does not prohibit any persons legally
8 regulated in this State under any other Act from engaging in
9 the practice for which they are licensed, provided that they
10 do not represent themselves by any title prohibited by this
11 Act.
12 (Source: P.A. 88-363; 88-535; 88-586, eff. 8-12-94; 89-366,
13 eff. 1-1-96.)".