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| [ House Amendment 001 ] |
92_HB0026
LRB9200655ACcd
1 AN ACT to amend the Private Detective, Private Alarm,
2 Private Security and Locksmith Act of 1993.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Private Detective, Private Alarm,
6 Private Security, and Locksmith Act of 1993 is amended by
7 changing Section 30 as follows:
8 (225 ILCS 446/30)
9 Sec. 30. Exemptions.
10 (a) This Act does not apply to:
11 (1) An officer or employee of the United States,
12 this State, or any political subdivision of either while
13 the officer or employee is engaged in the performance of
14 his or her official duties within the course and scope of
15 his or her employment with the United States, this State,
16 or any political subdivision of either. However, any
17 person who offers his or her services as a private
18 detective or private security contractor, or any title
19 when similar services are performed for compensation,
20 fee, or other valuable consideration, whether received
21 directly or indirectly, is subject to this Act and its
22 licensing requirements.
23 (2) An attorney-at-law licensed to practice in
24 Illinois while engaging in the practice of law.
25 (3) A person engaged exclusively in the business of
26 obtaining and furnishing information as to the financial
27 rating or credit worthiness of persons; and a person who
28 provides consumer reports in connection with:
29 (i) Credit transactions involving the consumer
30 on whom the information is to be furnished and
31 involving the extensions of credit to the consumer.
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1 (ii) Information for employment purposes.
2 (iii) Information for the underwriting of
3 insurance involving the consumer.
4 (4) Insurance adjusters legally employed or under
5 contract as adjusters and who engage in no other
6 investigative activities other than those directly
7 connected with adjustment of claims against an insurance
8 company or self-insured by which they are employed or
9 with which they have a contract. No insurance adjuster
10 or company may utilize the term "investigation" or any
11 derivative thereof in its company name or in its
12 advertising other than for the handling of insurance
13 claims.
14 For the purposes of this Code, "insurance adjuster"
15 includes any person expressly authorized to act on behalf
16 of an insurance company or self-insured and any employee
17 thereof who acts or appears to act on behalf of the
18 insurance company or self-insured in matters relating to
19 claims, including but not limited to independent
20 contractors while performing claim services at the
21 direction of the company.
22 (5) A person engaged exclusively and employed by a
23 person, firm, association, or corporation in the business
24 of transporting persons or property in interstate
25 commerce and making an investigation related to the
26 business of that employer.
27 (6) Any person, watchman, or guard employed
28 exclusively and regularly by one employer in connection
29 with the affairs of that employer only and there exists
30 an employer/employee relationship.
31 (7) Any law enforcement officer, as defined in the
32 Illinois Police Training Act, who has successfully
33 completed the requirements of basic law enforcement and
34 firearms training as prescribed by the Illinois Law
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1 Enforcement Training Standards Board, employed by an
2 employer in connection with the affairs of that employer,
3 provided he or she is exclusively employed by the
4 employer during the hours or times he or she is scheduled
5 to work for that employer, and there exists an employer
6 and employee relationship.
7 In this subsection an "employee" is a person who is
8 employed by an employer who has the right to control and
9 direct the employee who performs the services in
10 question, not only as to the result to be accomplished by
11 the work, but also as to the details and means by which
12 the result is to be accomplished; and an "employer" is
13 any person or entity, with the exception of a private
14 detective, private detective agency, private security
15 contractor, private security contractor agency, private
16 alarm contractor, or private alarm contractor agency,
17 whose purpose it is to hire persons to perform the
18 business of a private detective, private detective
19 agency, private security contractor, private security
20 contractor agency, private alarm contractor, or private
21 alarm contractor agency.
22 (8) A person who sells burglar alarm systems and
23 does not install, monitor, maintain, alter, repair,
24 service, or respond to burglar alarm systems at protected
25 premises or premises to be protected, provided:
26 (i) The burglar alarm systems are
27 approved either by Underwriters Laboratories or
28 another authoritative source recognized by the
29 Department and are identified by a federally
30 registered trademark.
31 (ii) The owner of the trademark has
32 expressly authorized the person to sell the
33 trademark owner's products, and the person
34 provides proof of this authorization upon the
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1 request of the Department.
2 (iii) The owner of the trademark
3 maintains, and provides upon the Department's
4 request, a certificate evidencing insurance for
5 bodily injury or property damage arising from
6 faulty or defective products in an amount not
7 less than $1,000,000 combined single limit;
8 provided that the policy of insurance need not
9 relate exclusively to burglar alarm systems.
10 (9) A person who sells, installs, maintains, or
11 repairs automobile alarm systems.
12 (9-5) A person, firm, or corporation engaged solely
13 and exclusively in tracing and compiling lineage or
14 ancestry.
15 (10) A person employed as either an armed or
16 unarmed security guard at a nuclear energy, storage,
17 weapons or development site or facility regulated by the
18 Nuclear Regulatory Commission who has completed the
19 background screening and training mandated by the rules
20 and regulations of the Nuclear Regulatory Commission.
21 (b) Nothing in this Act prohibits any of the following:
22 (A) Servicing, installing, repairing, or rebuilding
23 automotive locks by automotive service dealers, as long
24 as they do not hold themselves out to the public as
25 locksmiths.
26 (B) Police, fire, or other municipal employees from
27 opening a lock in an emergency situation, as long as they
28 do not hold themselves out to the public as locksmiths.
29 (C) Any merchant or retail or hardware store from
30 duplicating keys, from installing, servicing, repairing,
31 rebuilding, reprogramming, or maintaining electronic
32 garage door devices or from selling locks or similar
33 security accessories not prohibited from sale by the
34 State of Illinois, as long as they do not hold themselves
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1 out to the public as locksmiths.
2 (D) The installation or removal of complete locks
3 or locking devices by members of the building trades when
4 doing so in the course of residential or commercial new
5 construction or remodeling, as long as they do not hold
6 themselves out to the public as locksmiths.
7 (E) The employees of towing services, repossessors,
8 or auto clubs from opening automotive locks in the normal
9 course of their duties, as long as they do not hold
10 themselves out to the public as locksmiths. Additionally,
11 this Act shall not prohibit employees of towing services
12 from opening motor vehicle locks to enable a vehicle to
13 be moved without towing, provided that the towing service
14 does not hold itself out to the public, by yellow page
15 advertisement, through a sign at the facilities of the
16 towing service, or by any other advertisement, as a
17 locksmith. Giving notice to the public, by yellow page
18 advertisement, through a sign at the facilities of the
19 towing service, or by any other advertisement, that the
20 towing service opens motor vehicle locks to enable a
21 vehicle to be moved without towing does not constitute
22 holding oneself out to the public as a locksmith if the
23 advertisement does not use the word "locksmith".
24 (F) The practice of locksmithing by students in the
25 course of study in programs approved by the Department,
26 provided that the students do not hold themselves out to
27 the public as locksmiths.
28 (G) Servicing, installing, repairing, or rebuilding
29 locks by a lock manufacturer or anyone employed by a lock
30 manufacturer, as long as they do not hold themselves out
31 to the public as locksmiths.
32 (H) The provision of any of the products or
33 services in the practice of locksmithing as identified in
34 Section 5 of this Act by a business licensed by the State
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1 of Illinois as a private alarm contractor or private
2 alarm contractor agency, as long as the principal purpose
3 of the services provided to a customer is not the
4 practice of locksmithing and the business does not hold
5 itself out to the public as a locksmith agency.
6 (I) Any maintenance employee of a property
7 management company at a multi-family residential building
8 from servicing, installing, repairing, or opening locks
9 for tenants as long as the maintenance employee does not
10 hold himself or herself out to the public as a locksmith.
11 (J) A person, firm, or corporation from engaging in
12 fire protection engineering, including the design,
13 testing, and inspection of fire protection systems.
14 (K) The practice of professional engineering as
15 defined in the Professional Engineering Practice Act of
16 1989.
17 (L) The practice of structural engineering as
18 defined in the Structural Engineering Practice Act of
19 1989.
20 (M) The practice of architecture as defined in the
21 Illinois Architecture Practice Act of 1989.
22 (N) The activities of persons or firms licensed
23 under the Illinois Public Accounting Act if performed in
24 the course of their professional practice.
25 (c) This Act does not prohibit any persons legally
26 regulated in this State under any other Act from engaging in
27 the practice for which they are licensed, provided that they
28 do not represent themselves by any title prohibited by this
29 Act.
30 (Source: P.A. 90-436, eff. 1-1-98; 90-633, eff. 7-24-98;
31 91-91, eff. 1-1-00; 91-287, eff. 1-1-00; revised 10-7-99.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.
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