IESA Position on Monitoring Adopted 04/27/2017
The attempt by a local municipality to collect a contractor registration or license fee and/or require a surety bond is unlawful under 225 ILCS 447/ Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 ("the Act").
The Act contains a Home Rule provision that unambiguously gives the State of Illinois exclusive authority to regulate the practice of private alarm contractors to the exclusion of all other home rule units.
When a member alerts us to municipal requirements for registration fees or bonds, a letter drafted by the Association's counsel, spelling out the strong legal standing of our position, is sent to that municipality's decision-makers. After receipt of this letter, most municipalities readily agree to change their local practices to be in compliance with State law.
The IESA has acted on behalf of dozens of alarm contractors working in municipalities conducting this unlawful practice. Please continue to notify us as the Association will act confidentially on behalf of its members.
Based on the same home-rule exemption, the IESA is also taking the position that communities CANNOT require alarm contractors to submit to local regulation for marketing their services within a community. Specifically, the IESA now opposes regulations regarding peddlers’ fees. Those too are a form of regulation.
Based on the definition of a “private alarm contractor,” a licensee who “offers (or) purports to have the capacity to undertake” alarm work is the equivalent of “marketing” your services as a licensed alarm contractor.
As such, should you ever encounter code officials or other municipal leaders who claim you must comply with their illegal requirements, please contact the IESA immediately with the names of those officials.
The IESA will intervene on your behalf.