State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Senate Amendment 001 ]


92_SB1951eng

 
SB1951 Engrossed                               LRB9214087ACcd

 1        AN ACT concerning the regulation of professions.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section    5.   The  Private  Detective,  Private  Alarm,
 5    Private Security, and Locksmith Act of  1993  is  amended  by
 6    changing Section 30 as follows:

 7        (225 ILCS 446/30)
 8        (Section scheduled to be repealed on December 31, 2003)
 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.
 
SB1951 Engrossed            -2-                LRB9214087ACcd
 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  is  certified  as  a
33        permanent  police  officer has successfully completed the
34        requirements  of  basic  law  enforcement  and   firearms
 
SB1951 Engrossed            -3-                LRB9214087ACcd
 1        training  as  prescribed  by the Illinois Law Enforcement
 2        Training Standards Board, while he or she is employed  as
 3        a  security officer by an employer in connection with the
 4        affairs  of  that  employer,  provided  he  or   she   is
 5        exclusively  employed by the employer during the hours or
 6        times he or she is scheduled to work for  that  employer,
 7        regardless  of  whether  there  exists  an  employer  and
 8        employee   relationship   or  an  independent  contractor
 9        relationship, and the officer has  written  authorization
10        from  his  or  her  employing  police department for such
11        employment and there  exists  an  employer  and  employee
12        relationship.
13             In  this subsection an "employee" is a person who is
14        employed by an employer who has the right to control  and
15        direct   the   employee  who  performs  the  services  in
16        question, not only as to the result to be accomplished by
17        the work, but also as to the details and means  by  which
18        the  result  is  to be accomplished; and an "employer" is
19        any person or entity, with the  exception  of  a  private
20        detective,  private  detective  agency,  private security
21        contractor, private security contractor  agency,  private
22        alarm  contractor,  or  private  alarm contractor agency,
23        whose purpose it  is  to  hire  persons  to  perform  the
24        business   of  a  private  detective,  private  detective
25        agency, private  security  contractor,  private  security
26        contractor  agency,  private alarm contractor, or private
27        alarm contractor agency.
28             (8)  A person who sells burglar  alarm  systems  and
29        does  not  install,  monitor,  maintain,  alter,  repair,
30        service, or respond to burglar alarm systems at protected
31        premises or premises to be protected, provided:
32                       (i)  The   burglar   alarm   systems   are
33                  approved either by Underwriters Laboratories or
34                  another  authoritative source recognized by the
 
SB1951 Engrossed            -4-                LRB9214087ACcd
 1                  Department and are identified  by  a  federally
 2                  registered trademark.
 3                       (ii)  The   owner  of  the  trademark  has
 4                  expressly authorized the  person  to  sell  the
 5                  trademark  owner's  products,  and  the  person
 6                  provides  proof  of this authorization upon the
 7                  request of the Department.
 8                       (iii)  The   owner   of   the    trademark
 9                  maintains,  and  provides upon the Department's
10                  request, a certificate evidencing insurance for
11                  bodily injury or property damage  arising  from
12                  faulty  or  defective products in an amount not
13                  less than  $1,000,000  combined  single  limit;
14                  provided  that the policy of insurance need not
15                  relate exclusively to burglar alarm systems.
16             (9)  A person who  sells,  installs,  maintains,  or
17        repairs automobile alarm systems.
18             (9-5)  A person, firm, or corporation engaged solely
19        and  exclusively  in  tracing  and  compiling  lineage or
20        ancestry.
21             (10)  A  person  employed  as  either  an  armed  or
22        unarmed security guard  at  a  nuclear  energy,  storage,
23        weapons  or development site or facility regulated by the
24        Nuclear  Regulatory  Commission  who  has  completed  the
25        background screening and training mandated by  the  rules
26        and regulations of the Nuclear Regulatory Commission.
27        (b)  Nothing in this Act prohibits any of the following:
28             (A)  Servicing, installing, repairing, or rebuilding
29        automotive  locks  by automotive service dealers, as long
30        as they do not hold  themselves  out  to  the  public  as
31        locksmiths.
32             (B)  Police, fire, or other municipal employees from
33        opening a lock in an emergency situation, as long as they
34        do not hold themselves out to the public as locksmiths.
 
SB1951 Engrossed            -5-                LRB9214087ACcd
 1             (C)  Any  merchant  or retail or hardware store from
 2        duplicating keys, from installing, servicing,  repairing,
 3        rebuilding,   reprogramming,  or  maintaining  electronic
 4        garage door devices or  from  selling  locks  or  similar
 5        security  accessories  not  prohibited  from  sale by the
 6        State of Illinois, as long as they do not hold themselves
 7        out to the public as locksmiths.
 8             (D)  The installation or removal of  complete  locks
 9        or locking devices by members of the building trades when
10        doing  so  in the course of residential or commercial new
11        construction or remodeling, as long as they do  not  hold
12        themselves out to the public as locksmiths.
13             (E)  The employees of towing services, repossessors,
14        or auto clubs from opening automotive locks in the normal
15        course  of  their  duties,  as  long  as they do not hold
16        themselves out to the public as locksmiths. Additionally,
17        this Act shall not prohibit employees of towing  services
18        from  opening  motor vehicle locks to enable a vehicle to
19        be moved without towing, provided that the towing service
20        does not hold itself out to the public,  by  yellow  page
21        advertisement,  through  a  sign at the facilities of the
22        towing service, or  by  any  other  advertisement,  as  a
23        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
 
SB1951 Engrossed            -6-                LRB9214087ACcd
 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. 91-91, eff. 1-1-00; 91-287, eff. 1-1-00; 92-16,
31    eff. 6-28-01.)

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