senate Bill S6370

Enacts the locksmith licensing act of 2012

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 01 / Feb / 2012
    • REFERRED TO CONSUMER PROTECTION

Summary

Enacts the locksmith licensing act of 2012.

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Bill Details

Versions:
S6370
Legislative Cycle:
2011-2012
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 6-E ยงยง69-aa - 69-pp, Gen Bus L

Sponsor Memo

BILL NUMBER:S6370

TITLE OF BILL:
An act
to amend the general business law, in relation to enacting the locksmith
licensing act of 2012

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that qualified locksmiths
and locksmith applicants follow a specific set of rules and
regulations that will protect consumers and enhance quality of service

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Subdivision 2 of section 69 of the general business law is
amended by adding a new article 6-E:

Section 69-cc- A locksmith advisory board consisting of seven people
(three locksmiths, three "citizen members", and one law enforcement
representative) would be created to advise the Department of State
and Division of Criminal Justice Services and shall make
recommendations for regulations to the Secretary of State.

Section 69-dd- The Department of State shall promulgate regulations
and standards for the training and licensing of locksmiths. Locksmith
competency standards and any changes shall be established after a
public hearing and the department is authorized to evaluate the
competency of applicants for locksmith licenses. Waiver of
examination is applicable; if one does not qualify for a license the
person shall serve an apprenticeship under a licensed locksmith for
two years

Section 69-ee-Prohibited activities including but not limited to: No
person shall act as, or offer to act as, a locksmith unless he or she
has a license that has not been suspended, expired, or revoked.

Section 69-ff- Criminal penalties includes but is not limited to any
person engaging-in unlawful acts enumerated in section 69-ee shall be
guilty of a misdemeanor. Any second or subsequent violation shall
constitute a class E felony

Section 69-gg-Civil penalty includes but is not limited to any person
licensed by the department who knowingly violates any statue or
regulation who is not criminally prosecuted shall be subject to a
monetary penalty

Section 69-hh- Licensure includes but is not limited to: The Secretary
of State or his or her designee shall be authorized to issue
locksmith licenses to all qualified individuals in accordance with
regulations established by the department. The department shall

conduct a criminal background check on all applicants for licensure.
Term of each license shall be no longer than two years.

JUSTIFICATION:
Locksmiths operate in the public trust to secure and protect property
and have the knowledge and tools to bypass or neutralize security
devices.
Existing laws and regulations do not adequately protect citizens from
the unscrupulous use and abuse of the tools and knowledge of the
locksmith profession by the untrained person or from those who have
criminal intent.
In addition, disreputable locksmiths and those who falsely represent
themselves to be locksmiths have a negative effect on the business of
honest, hardworking locksmiths by generating public ill will towards
the profession as a whole. In order to protect both reputable
locksmiths and the public of this state from the abuse and misuse of
locksmith supplies, manuals, or equipment, locksmiths should be
licensed and regulated by this state.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided however, that effective
immediately, the addition, amendment, and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed
on or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6370

                            I N  S E N A T E

                            February 1, 2012
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation  to  enacting  the
  locksmith licensing act of 2012

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.  Locksmiths  operate  in  the  public
trust  to secure and protect property and persons and have the knowledge
and tools to bypass or neutralize security devices.  Existing  laws  and
regulations do not adequately protect citizens from the unscrupulous use
and  abuse  of the tools and knowledge of the locksmithing profession by
the untrained person or from those who have criminal  intent.  In  addi-
tion, disreputable locksmiths and those who falsely represent themselves
to be locksmiths have a negative effect on the business of honest, hard-
working  locksmiths by generating public ill will towards the profession
as a whole. In order to protect both reputable locksmiths and the public
of this state from the abuse and misuse of locksmithing supplies,  manu-
als,  or  equipment, locksmiths should be licensed and regulated by this
state.
  S 2. The general business law is amended by adding a new  article  6-E
to read as follows:
                               ARTICLE 6-E
                   THE LOCKSMITH LICENSING ACT OF 2012
SECTION 69-AA. SHORT TITLE.
        69-BB. DEFINITIONS.
        69-CC. LOCKSMITH ADVISORY BOARD.
        69-DD. PROMULGATION OF REGULATIONS AND STANDARDS.
        69-EE. PROHIBITED ACTIVITIES.
        69-FF. CRIMINAL PENALTY.
        69-GG. CIVIL PENALTY.
        69-HH. LICENSURE.
        69-II. QUALIFICATIONS OF APPLICANTS.
        69-JJ. EMPLOYEE REQUIREMENTS.
        69-KK. EXPIRATION AND RENEWAL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13746-01-2

S. 6370                             2

        69-LL. LIST OF LOCKSMITHS.
        69-MM. INSURANCE.
        69-NN. WORK ORDERS.
        69-OO. EXCLUSIONS.
        69-PP. APPLICABILITY.
  S 69-AA. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS "THE
LOCKSMITH LICENSING ACT OF 2012".
  S  69-BB. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE MEANINGS INDICATED:
  1. "BOARD" MEANS THE LOCKSMITH ADVISORY BOARD.
  2. "CERTIFICATE" MEANS A DOCUMENT ISSUED BY THE  DEPARTMENT  AS  PROOF
THAT A LICENSE OR PERMIT HAS BEEN GRANTED.
  3.  "CERTIFICATION"  MEANS  THE  PROCESS WHEREBY THE DEPARTMENT OR ANY
REGULATORY BOARD ISSUES A CERTIFICATE ON  BEHALF  OF  THIS  STATE  TO  A
PERSON  SIGNIFYING  THAT  HE  OR SHE POSSESSES THE CHARACTER AND MINIMUM
SKILLS TO ENGAGE PROPERLY IN THE PROFESSION OF LOCKSMITHING.
  4. "CODEBOOK" MEANS A COMPILATION, IN ANY FORM, OF KEY CODES.
  5. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DIVISION  OF  CRIMINAL
JUSTICE SERVICES.
  6. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  7. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  8. "EMERGENCY" MEANS A LIFE-THREATENING SITUATION INVOLVING A PERSON.
  9.  "INSPECTION"  MEANS  A METHOD OF REGULATION WHEREBY A STATE AGENCY
PERIODICALLY EXAMINES THE ACTIVITIES AND PREMISES OF PRACTITIONERS OF AN
OCCUPATION OR PROFESSION TO ASCERTAIN IF THE  PRACTITIONER  IS  CARRYING
OUT  HIS OR HER PROFESSION OR OCCUPATION IN A MANNER CONSISTENT WITH THE
PUBLIC HEALTH, SAFETY AND WELFARE.
  10. "KEY BLANK" MEANS A KEY THAT HAS NOT BEEN ALTERED OR CUT AND  DOES
NOT INCLUDE DEPTH KEYS.
  11.  "KEY  DUPLICATION  MACHINE"  MEANS ANY DEVICE WHICH IS CAPABLE OF
COPYING OR REPRODUCING KEYS.
  12. "LICENSURE" MEANS A  METHOD  OF  REGULATION  WHEREBY  THIS  STATE,
THROUGH  THE  ISSUANCE  OF A LICENSE, AUTHORIZES A PERSON POSSESSING THE
CHARACTER AND MINIMUM SKILLS TO ENGAGE IN THE PRACTICE OF THE  LOCKSMITH
PROFESSION  OR  OCCUPATION,  WHICH  IS  UNLAWFUL  TO  PRACTICE WITHOUT A
LICENSE.
  13. "LOCKSMITH" MEANS A NATURAL PERSON WHO PERFORMS LOCKSMITH SERVICES
AND ACCESS CONTROL SERVICES TO THE PUBLIC. "LOCKSMITH" DOES NOT  INCLUDE
ANY  PERSON  WHOSE ACTIVITIES ARE LIMITED TO MAKING A DUPLICATE KEY FROM
AN EXISTING KEY OR WHOSE DUTIES ARE PRIMARILY CLERICAL OR FIDUCIARY.
  14. "LOCKSMITHING TOOL" MEANS ANY TOOL THAT IS DESIGNED,  OR  INTENDED
BY  THE  USER  TO  BE  USED,  TO OPEN A MECHANICAL OR ELECTRICAL LOCKING
DEVICE BY A MEANS OTHER THAN THAT WHICH IS INTENDED BY THE  MANUFACTURER
OF SUCH DEVICE FOR NORMAL OPERATION.
  15.  "LOCKSMITH LICENSE" MEANS A LICENSE GRANTED TO A LOCKSMITH PURSU-
ANT TO THIS ARTICLE.
  16. "LOCKSMITH SERVICES" MEANS:
  (A) SERVICING OR INSTALLING;
  (B) REPAIRING, REBUILDING, REKEYING, REPINNING,  SERVICING,  ADJUSTING
OR  INSTALLING  LOCKS, MECHANICAL OR ELECTRONIC SECURITY DEVICES, SAFES,
VAULTS, OR SAFE DEPOSIT BOXES; AND
  (C) OPERATING A LOCK, MECHANICAL OR ELECTRONIC SECURITY DEVICE,  SAFE,
VAULT,  OR  SAFE DEPOSIT BOX BY A MEANS OTHER THAN THOSE INTENDED BY THE
MANUFACTURER OF SUCH DEVICES.
  17. "MASTER KEY SYSTEM" MEANS ANY SYSTEM IN WHICH A LOCK IS REKEYED SO
THAT THE LOCK CAN BE OPERATED BY ITS OWN INDIVIDUAL KEY AND CAN ALSO  BE

S. 6370                             3

OPERATED BY A KEY THAT CAN OPERATE OTHER LOCKS IF THE OTHER LOCKS CANNOT
BE OPERATED WITH THE LOCK'S INDIVIDUAL KEY.
  18.  "ORGANIZATION"  MEANS  ANY  ENTITY  OTHER  THAN A NATURAL PERSON,
INCLUDING BUT NOT LIMITED TO, A CORPORATION, PARTNERSHIP, SOLE  PROPRIE-
TORSHIP, OR ASSOCIATION.
  19.  "PIN  KIT"  MEAN  A  CONTAINER THAT HOLDS ONLY THE FOLLOWING LOCK
PARTS AND MATERIALS:
  (A) BOTTOM PINS;
  (B) TOP PINS (NOT INCLUDING MASTER PINS);
  (C) SPRINGS;
  (D) PLUG FOLLOWER;
  (E) PROPRIETARY TOOLS, PROVIDED BY A LOCK MANUFACTURER,  DESIGNED  FOR
THE PURPOSE OF REKEYING A LOCK.
  20.  "RECOMBINATION"  MEANS  CHANGING  THE COMBINATION OF ANY COMBINA-
TION-ACTUATED LOCK.
  21. "SAFE-OPENING TOOL" MEANS ANY TOOL THAT IS DESIGNED,  OR  INTENDED
BY  THE  USER  TO  BE  USED, TO OPEN A SAFE, SAFE DEPOSIT BOX OR SIMILAR
OBJECT BY MEANS OTHER THAN THAT WHICH IS INTENDED BY THE MANUFACTURER OF
SUCH SAFE, VAULT, SAFE DEPOSIT BOX OR SIMILAR OBJECT FOR NORMAL OPENING.
  22. "SECRETARY" MEANS THE SECRETARY OF STATE.
  S 69-CC. LOCKSMITH ADVISORY BOARD. 1. THERE IS HEREBY  CREATED  WITHIN
THE  DEPARTMENT  THE "LOCKSMITH ADVISORY BOARD," HEREINAFTER REFERRED TO
AS THE "BOARD". SUCH BOARD SHALL CONSIST OF SEVEN MEMBERS:  THREE  LOCK-
SMITHS, ONE LAW ENFORCEMENT REPRESENTATIVE, AND THREE "CITIZEN MEMBERS".
THE LAW ENFORCEMENT REPRESENTATIVE AND ONE EACH OF THE LOCKSMITHS AND OF
THE  CITIZEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE EACH OF THE
LOCKSMITHS AND OF THE CITIZEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR
UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, ONE EACH OF  THE
LOCKSMITHS AND OF THE CITIZEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR
UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE. OF THE
OCCUPATIONAL  MEMBERS,  ALL SHALL HAVE AT LEAST FIVE YEARS EXPERIENCE IN
THE LOCKSMITH INDUSTRY AND BE CURRENTLY ENGAGED IN  THAT  INDUSTRY.  THE
APPOINTEES  SHALL  ALL  RESIDE  IN  THIS STATE AND REPRESENT THE STATE'S
RACIAL, ETHNIC, GENDER, GEOGRAPHIC, AND ECONOMIC DIVERSITY TO THE GREAT-
EST EXTENT POSSIBLE.
  2. A "CITIZEN MEMBER" OF THE BOARD SHALL BE A PERSON WHO: (A)  IS  NOT
BY  TRAINING  OR  EXPERIENCE  A  LOCKSMITH, (B) IS NOT A SPOUSE, PARENT,
CHILD, OR SIBLING OF A LOCKSMITH, AND (C)  HAS  NO  DIRECT  OR  INDIRECT
FINANCIAL INTEREST, EXCEPT AS A CONSUMER, IN THE LOCKSMITH PROFESSION.
  3.  AT  ITS  FIRST  MEETING,  THE BOARD SHALL ELECT A CHAIRPERSON BY A
MAJORITY VOTE. STAFF SERVICES, INCLUDING RECORDING OF BOARD PROCEEDINGS,
SHALL BE PERFORMED BY PERSONNEL OF THE DEPARTMENT.
  4. THE BOARD SHALL ADVISE THE  DEPARTMENT  AND  THE  DIVISION  IN  THE
ADMINISTRATION  AND  ENFORCEMENT  OF THIS ARTICLE AND SHALL RECOMMEND TO
THE SECRETARY AND COMMISSIONER REGULATIONS NECESSARY TO  EFFECTUATE  THE
PROVISIONS OF THIS ARTICLE. ONCE THE SECRETARY DETERMINES THAT THE FINAL
REGULATIONS HAVE BEEN PROMULGATED, THE BOARD SHALL BE DISSOLVED.
  5.  THE  MEMBERS  OF THE BOARD SHALL SERVE WITHOUT COMPENSATION EXCEPT
THAT EACH OF THEM SHALL BE ALLOWED THE  NECESSARY  AND  ACTUAL  EXPENSES
WHICH HE OR SHE SHALL INCUR IN THE PERFORMANCE OF HIS OR HER DUTIES.
  6.  SHOULD  ANY  SEAT  ON THE BOARD BECOME VACANT PRIOR TO THE BOARD'S
DISSOLUTION, THE GOVERNOR SHALL MAKE AN APPOINTMENT TO FILL THAT  VACAN-
CY.  IF  THE BOARD MEMBER WHO PREVIOUSLY FILLED THE VACANT SEAT HAD BEEN
APPOINTED BASED UPON THE RECOMMENDATION OF THE SPEAKER OF THE  ASSEMBLY,
THEN  THE  SPEAKER  MUST MAKE ANOTHER RECOMMENDATION TO THE GOVERNOR. IF
THE BOARD  MEMBER  WHO  PREVIOUSLY  FILLED  THE  VACANT  SEAT  HAD  BEEN

S. 6370                             4

APPOINTED  BASED  UPON  THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
THE SENATE, THEN THE TEMPORARY PRESIDENT MUST MAKE  ANOTHER  RECOMMENDA-
TION TO THE GOVERNOR.  IF A LOCKSMITH PREVIOUSLY FILLED THE VACANT SEAT,
THE  NEW  BOARD  MEMBER  MUST  ALSO BE A LOCKSMITH. IF A LAW ENFORCEMENT
REPRESENTATIVE PREVIOUSLY FILLED THE VACANT SEAT, THE NEW  BOARD  MEMBER
MUST  ALSO  BE  A  LAW  ENFORCEMENT  REPRESENTATIVE. IF A CITIZEN MEMBER
PREVIOUSLY FILLED THE VACANT SEAT, THE NEW BOARD MEMBER MUST ALSO  BE  A
CITIZEN MEMBER.
  7.  IF  THE  GOVERNOR  FAILS TO MAKE THE NECESSARY APPOINTMENTS TO THE
BOARD, OR IF THE SPEAKER OF THE ASSEMBLY OR THE TEMPORARY  PRESIDENT  OF
THE  SENATE  SHALL  FAIL  TO  MAKE  RECOMMENDATIONS  TO THE GOVERNOR FOR
APPOINTMENT TO THE BOARD, THE CARRYING OUT OF THE REST OF  THIS  ARTICLE
SHALL NOT BE IMPEDED.
  S  69-DD. PROMULGATION OF REGULATIONS AND STANDARDS. 1. THE DEPARTMENT
SHALL PROMULGATE REGULATIONS AND STANDARDS FOR THE TRAINING AND  LICENS-
ING  OF  LOCKSMITHS. THE DEPARTMENT SHALL EXAMINE AND LICENSE LOCKSMITHS
AND MAY ESTABLISH CLASSIFICATIONS OF TRAINING AND LICENSING.
  2. LOCKSMITH COMPETENCY STANDARDS AND ANY  CHANGES  THERETO  SHALL  BE
ESTABLISHED BY DEPARTMENT REGULATION AFTER A PUBLIC HEARING.
  3.  THE  DEPARTMENT IS AUTHORIZED TO EVALUATE THE COMPETENCY OF APPLI-
CANTS FOR LOCKSMITH LICENSES. THE  DEPARTMENT  MAY  EITHER  DEVELOP  AND
ADMINISTER AN EXAMINATION TO EVALUATE COMPETENCY, OR RELY ON AN EXAMINA-
TION  DEVELOPED AND ADMINISTERED BY AN ACCREDITED PROFESSIONAL LOCKSMITH
ASSOCIATION.
  4. THE DEPARTMENT MAY WAIVE EXAMINATION REQUIREMENTS  FOR  ANY  PERSON
WHO  HOLDS  A  VALID LOCKSMITH LICENSE IN ANOTHER STATE WITH WHICH RECI-
PROCITY HAS BEEN ESTABLISHED BY THE DEPARTMENT.
  5. ANY PERSON APPLYING FOR A LICENSE UNDER THIS ARTICLE WHO  DOES  NOT
OTHERWISE  QUALIFY  SHALL SERVE AN APPRENTICESHIP UNDER A LICENSED LOCK-
SMITH OR UNDER THE DEPARTMENT FOR A PERIOD OF TWO YEARS AND SHALL:
  (A) COMPLETE THIRTY-TWO HOURS OF  CONTINUING  EDUCATION  PER  YEAR  OF
DEPARTMENT-APPROVED CLASSES; AND
  (B)  IDENTIFY  HIMSELF  OR HERSELF AS AN "APPRENTICE LOCKSMITH" IN ALL
ADVERTISING.
  S 69-EE.  PROHIBITED ACTIVITIES. 1. NO PERSON SHALL ACT AS,  OR  OFFER
TO  ACT  AS,  A LOCKSMITH UNLESS HE OR SHE HAS A LOCKSMITH LICENSE WHICH
HAS NOT EXPIRED OR BEEN REVOKED OR SUSPENDED.
  2. NO ORGANIZATION SHALL PROVIDE OR OFFER THE SERVICES OF A  LOCKSMITH
UNLESS  SUCH  SERVICES  ARE,  OR CAN BE, PROVIDED BY AN EMPLOYEE OF SUCH
ORGANIZATION WHO HAS A LOCKSMITH LICENSE WHICH HAS NOT EXPIRED  OR  BEEN
REVOKED OR SUSPENDED.
  3.  IT  SHALL  BE  UNLAWFUL  FOR  ANY  PERSON  NOT  LICENSED UNDER THE
PROVISIONS OF THIS ARTICLE TO ADVERTISE THAT HE OR SHE IS IN  THE  LOCK-
SMITH  BUSINESS  OR  TO  HOLD  HIMSELF OR HERSELF OUT TO THE PUBLIC AS A
LOCKSMITH.
  4. NOTHING IN  THIS  SECTION  SHALL  PROHIBIT  THE  EMERGENCY  OPENING
SERVICES  BY  MEMBERS  OF  LAW  ENFORCEMENT,  FIRE DEPARTMENTS, OR OTHER
GOVERNMENT AGENCIES OR EMERGENCY PERSONNEL IN  THEIR  OFFICIAL  LINE  OF
DUTY.
  5.  NO  APPRENTICE LOCKSMITH MAY HAVE A REGISTERED OR APPRENTICE LOCK-
SMITH WORKING UNDER HIS OR HER SUPERVISION.
  6. IT SHALL BE UNLAWFUL FOR ANY PERSON OR ORGANIZATION  TO  ENGAGE  IN
ANY OF THE FOLLOWING ACTS:
  (A) MAKING USE OF ANY DESIGNATION PROVIDED BY STATUTE OR REGULATION TO
DENOTE  A  STANDARD  OF  PROFESSIONAL OR OCCUPATIONAL COMPETENCE WITHOUT
BEING DULY CERTIFIED OR LICENSED;

S. 6370                             5

  (B) MAKING USE OF ANY TITLE, WORDS, LETTERS,  OR  ABBREVIATIONS  WHICH
MAY  REASONABLY  BE  CONFUSED  WITH A DESIGNATION PROVIDED BY STATUTE OR
REGULATION TO DENOTE A STANDARD OF PROFESSIONAL OR  OCCUPATIONAL  COMPE-
TENCE WITHOUT BEING DULY CERTIFIED OR LICENSED;
  (C)  PROVIDING  MATERIAL  MISREPRESENTING  FACTS IN AN APPLICATION FOR
LICENSURE, CERTIFICATION, OR REGISTRATION; AND
  (D) WILLFULLY  REFUSING  TO  FURNISH  THE  DEPARTMENT  INFORMATION  OR
RECORDS REQUIRED OR REQUESTED PURSUANT TO STATUTE OR REGULATION.
  S  69-FF.  CRIMINAL  PENALTY.  ANY PERSON WHO WILLFULLY ENGAGES IN ANY
UNLAWFUL ACT ENUMERATED IN SECTION SIXTY-NINE-EE OF THIS  ARTICLE  SHALL
BE  GUILTY  OF  A  MISDEMEANOR. ANY SECOND OR SUBSEQUENT VIOLATION SHALL
CONSTITUTE A CLASS E FELONY.
  S 69-GG. CIVIL PENALTY. 1. THE DEPARTMENT MAY INSTITUTE PROCEEDINGS IN
EQUITY TO ENJOIN ANY PERSON,  PARTNERSHIP,  CORPORATION,  OR  ANY  OTHER
ENTITY   FROM  ENGAGING  IN  ANY  UNLAWFUL  ACT  ENUMERATED  IN  SECTION
SIXTY-NINE-EE OF THIS ARTICLE. SUCH PROCEEDINGS SHALL BE BROUGHT IN  THE
NAME OF THIS STATE BY THE DEPARTMENT IN THE CIRCUIT COURT OF THE CITY OR
COUNTY  IN  WHICH  THE  UNLAWFUL  ACT OCCURRED OR IN WHICH THE DEFENDANT
RESIDES.
  2. ANY PERSON LICENSED BY THE DEPARTMENT WHO  KNOWINGLY  VIOLATES  ANY
STATUTE  OR  REGULATION PERTAINING TO THIS ARTICLE WHO IS NOT CRIMINALLY
PROSECUTED SHALL BE SUBJECT TO THE MONETARY  PENALTY  PROVIDED  IN  THIS
SECTION. IF THE DEPARTMENT DETERMINES THAT A RESPONDENT IS GUILTY OF THE
VIOLATION  COMPLAINED  OF,  THE DEPARTMENT SHALL DETERMINE THE AMOUNT OF
THE MONETARY PENALTY FOR THE VIOLATION, WHICH SHALL NOT EXCEED ONE THOU-
SAND DOLLARS FOR EACH VIOLATION.
  3. AFTER A FORMAL FACT-FINDING, WHEREIN A SANCTION IS IMPOSED TO FINE,
SUSPEND, REVOKE, OR DENY RENEWAL OF LICENSE, THE DEPARTMENT  MAY  ASSESS
THE  HOLDER  THEREOF THE COST OF CONDUCTING SUCH A FACT-FINDING WHEN THE
DEPARTMENT HAS FINAL AUTHORITY TO GRANT LICENSE, CERTIFICATE  OR  REGIS-
TRATION,  UNLESS THE DEPARTMENT DETERMINES THAT THE OFFENSE IS INADVERT-
ENT OR DONE IN A GOOD FAITH BELIEF THAT SUCH ACT DID NOT VIOLATE A STAT-
UTE OR REGULATION. THE COST SHALL  BE  LIMITED  TO  (A)  THE  REASONABLE
HOURLY  RATE FOR THE HEARING OFFICER, AND (B) THE ACTUAL COST OF RECORD-
ING THE PROCEEDINGS.
  S 69-HH. LICENSURE. 1. THE SECRETARY OR HIS OR HER DESIGNEE  SHALL  BE
AUTHORIZED  TO  ISSUE LOCKSMITH LICENSES TO ALL QUALIFIED INDIVIDUALS IN
ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE DEPARTMENT.
  2. EFFECTIVE NOVEMBER FIRST, TWO THOUSAND THIRTEEN, NO LOCKSMITH SHALL
DO BUSINESS IN THIS STATE WITHOUT HAVING OBTAINED THE  PROPER  LOCKSMITH
LICENSE  FROM  THE  DEPARTMENT.  THE LICENSE SHALL NOT BE TRANSFERRED OR
ASSIGNED AND IS VALID ONLY WITH RESPECT TO THE  PERSON  TO  WHOM  IT  IS
ISSUED.  THE DEPARTMENT SHALL CONDUCT A CRIMINAL BACKGROUND CHECK ON ALL
APPLICANTS FOR LICENSURE. NO LICENSE SHALL BE GRANTED IF  THE  APPLICANT
HAS  AN UNPARDONED FELONY IN HIS OR HER CRIMINAL RECORD OR HAD ANY PRIOR
LICENSE TO DO BUSINESS REVOKED  FOR  FRAUD,  MISREPRESENTATION,  OR  ANY
OTHER  ACT  THAT  WOULD CONSTITUTE A VIOLATION OF THIS SECTION. A PERSON
SHALL NOT BE REFUSED A  LICENSE  SOLELY  BECAUSE  OF  A  PRIOR  CRIMINAL
CONVICTION,  UNLESS  THE  CRIMINAL  CONVICTION  DIRECTLY  RELATES TO THE
PROFESSION OF LOCKSMITHING.  HOWEVER,  THE  DEPARTMENT  SHALL  HAVE  THE
AUTHORITY  TO  REFUSE  A LICENSE IF, BASED ON ALL THE INFORMATION AVAIL-
ABLE, INCLUDING THE APPLICANT'S RECORD OF PRIOR  CONVICTIONS,  IT  FINDS
THAT  THE  APPLICANT IS UNFIT OR UNSUITED TO ENGAGE IN THE PROFESSION OF
LOCKSMITHING.
  3. THE TERMS OF EACH LICENSE SHALL BE NO LONGER THAN TWO  YEARS,  WITH
ALL LICENSES EXPIRING ON THEIR ANNIVERSARY UNLESS RENEWED OR REVOKED.

S. 6370                             6

  4.  ANY  INDIVIDUAL SHALL HAVE AVAILABLE THE PHOTO IDENTIFICATION CARD
AT ALL TIMES WHEN PROVIDING LOCKSMITH SERVICES.
  5.  AN  ORGANIZATION SHALL DISPLAY AT ITS NORMAL PLACE OF BUSINESS AND
IN A MANNER EASILY READABLE BY THE GENERAL PUBLIC A CERTIFICATE FOR EACH
LICENSED LOCKSMITH EMPLOYED BY THE ORGANIZATION. EACH CERTIFICATE  SHALL
CONTAIN THE LICENSEE'S NAME AND LICENSE NUMBER.
  6.  ANY INDIVIDUAL LICENSED OR REGISTERED UNDER THIS ARTICLE MUST SHOW
IN ALL ADVERTISING HIS OR HER LICENSE NUMBER.
  7. ANY APPLICANT FOR LICENSURE WHO PROVIDES DOCUMENTATION THAT  HE  OR
SHE  HAS  PRACTICED  AS  A  LOCKSMITH FOR AT LEAST TWO CONSECUTIVE YEARS
IMMEDIATELY PRECEDING HIS OR  HER  DATE  OF  APPLICATION  AND  IS  STILL
ENGAGED  IN  THE TRADE SHALL BE EXEMPT FROM THE EXAMINATION REQUIREMENTS
CONTAINED IN THIS ARTICLE AND PROMULGATED BY THE DEPARTMENT IF HE OR SHE
APPLIES TO THE DEPARTMENT AND SUBMITS RELEVANT  DOCUMENTATION  PRIOR  TO
NOVEMBER  FIRST,  TWO  THOUSAND  THIRTEEN.  THE REQUIREMENTS FOR SUCH AN
APPLICATION SHALL BE DETERMINED BY THE DEPARTMENT.  RELEVANT  DOCUMENTA-
TION  SHALL  BE DETERMINED BY THE DEPARTMENT AND CAN INCLUDE, BUT IS NOT
LIMITED TO, COMPLETION CERTIFICATES FROM AUTHORIZED CONTINUING LOCKSMITH
EDUCATION COURSES, MEMBERSHIP IN AN  ACCREDITED  PROFESSIONAL  LOCKSMITH
ASSOCIATION,  TEACHING LOCKSMITH CONTINUING EDUCATION COURSES, AND ARTI-
CLES WRITTEN BY THE LOCKSMITH THAT HAVE BEEN PUBLISHED IN  PEER-REVIEWED
JOURNALS.  THIS  IS NOT INTENDED TO PROHIBIT A PRACTICING LOCKSMITH FROM
TAKING THE EXAM SHOULD HE OR SHE WISH TO DO SO.
  8. A NONRESIDENT OF THIS STATE MAY BE LICENSED AS A LOCKSMITH BY MEET-
ING ONE OF THE FOLLOWING REQUIREMENTS:
  (A) HE OR SHE CONFORMS TO THE PROVISIONS OF THIS ARTICLE AND THE REGU-
LATIONS OF THE DEPARTMENT; OR
  (B) HE OR SHE HOLDS A VALID LOCKSMITH LICENSE IN  ANOTHER  STATE  WITH
WHICH RECIPROCITY HAS BEEN ESTABLISHED BY THE DEPARTMENT.
  NONRESIDENT  APPLICANTS  SHALL ALSO FILE WITH THE DEPARTMENT AN IRREV-
OCABLE CONSENT THAT SERVICE OF PROCESS UPON THE SECRETARY  IS  AS  VALID
AND  BINDING  AS SERVICE OF PROCESS UPON THE APPLICANT. THE SECRETARY OR
HIS OR HER DESIGNEE SHALL NOTIFY OR CAUSE TO BE  NOTIFIED  BY  CERTIFIED
MAIL  THE  NONRESIDENT  LICENSEE  NAMED  IN  A SERVICE AT THE LICENSEE'S
ADDRESS OF RECORD.
  S 69-II. QUALIFICATIONS OF APPLICANTS. 1. AN APPLICANT FOR A LOCKSMITH
LICENSE SHALL:
  (A) BE AT LEAST EIGHTEEN YEARS OF AGE;
  (B) COMPLY WITH THE COMPETENCY  REQUIREMENTS  AS  ESTABLISHED  BY  THE
DEPARTMENT;
  (C) PAY A LICENSE FEE AS ESTABLISHED BY DEPARTMENT REGULATIONS;
  (D)  COMPLY WITH THE INSURANCE REQUIREMENTS OUTLINED IN SECTION SIXTY-
NINE-MM OF THIS ARTICLE; AND
  (E) COMPLETE ALL APPLICATION REQUIREMENTS PURSUANT TO DEPARTMENT REGU-
LATIONS.
  2. TWO COMPLETE SETS OF FINGERPRINTS THAT ARE VERIFIED TO BE THOSE  OF
THE  APPLICANT  ALONG WITH A FINGERPRINT FEE, IN SUCH AMOUNT AS SHALL BE
DETERMINED BY THE DEPARTMENT, FOR THE COST OF THE DIVISION'S FULL SEARCH
AND RETAIN PROCEDURES. BEFORE APPROVING AN APPLICATION, IT SHALL BE  THE
DUTY  OF  THE DEPARTMENT TO FORWARD ONE COPY OF SUCH FINGERPRINTS TO THE
DIVISION. UPON RECEIPT OF SUCH FINGERPRINTS, THE DIVISION SHALL,  PURSU-
ANT  TO ITS FULL SEARCH AND RETAIN PROCEDURES, FORWARD TO THE DEPARTMENT
A REPORT WITH RESPECT TO THE APPLICANT'S PREVIOUS CRIMINAL  HISTORY,  IF
ANY, OR A STATEMENT THAT THE APPLICANT HAS NO PREVIOUS CRIMINAL HISTORY.
IF  ADDITIONAL  COPIES OF FINGERPRINTS ARE REQUIRED, THE APPLICANT SHALL
FURNISH THEM UPON REQUEST.  IF  AN  APPLICANT'S  FINGERPRINT  CARDS  ARE

S. 6370                             7

RETURNED  TO  THE DEPARTMENT AS UNCLASSIFIED BY THE DIVISION, THE AGENCY
HAS THIRTY DAYS AFTER NOTIFICATION IS SENT BY THE DEPARTMENT TO RESUBMIT
SUCH FINGERPRINTS TAKEN BY A DIFFERENT TECHNICIAN.
  3.  THE  FORM  OF APPLICATION, CERTIFICATE, PHOTO IDENTIFICATION CARD,
AND METHOD TO OBTAIN AND  RENEW  PHOTOGRAPHS  SHALL  BE  ESTABLISHED  BY
DEPARTMENT  REGULATION  AND  ADMINISTERED BY THE SECRETARY OR HIS OR HER
DESIGNEE.
  S 69-JJ. EMPLOYEE REQUIREMENTS. 1. ALL EMPLOYEES OF  A  LOCKSMITH  WHO
PERFORM  LOCKSMITH  SERVICES AS DEFINED BY SECTION SIXTY-NINE-BB OF THIS
ARTICLE SHALL HOLD A VALID LOCKSMITH LICENSE ISSUED BY  THE  DEPARTMENT.
THE  HOLDER  OF A LOCKSMITH LICENSE ISSUED UNDER THIS ARTICLE MAY EMPLOY
IN THE CONDUCT OF THE ORGANIZATION'S BUSINESS EMPLOYEES PURSUANT TO THIS
SECTION.
  2. NO PERSON SHALL BE A REGISTERED EMPLOYEE OF  A  LICENSED  LOCKSMITH
WHO:
  (A)  HAS  BEEN  DETERMINED  BY THE DEPARTMENT TO BE UNFIT BY REASON OF
CONVICTION OF A FELONY OR MISDEMEANOR OFFENSE  IN  THIS  OR  IN  ANOTHER
STATE OR CONVICTED OF ANY CRIME RELATED TO THE PRACTICE OF LOCKSMITHING.
THE  DEPARTMENT  SHALL  PROMULGATE  RULES  FOR PROCEDURES BY WHICH THOSE
CIRCUMSTANCES SHALL BE DETERMINED AND  THAT  AFFORD  THE  APPLICANT  DUE
PROCESS OF LAW;
  (B) HAS HAD A LOCKSMITH LICENSE REFUSED, DENIED, SUSPENDED, OR REVOKED
UNDER THIS ARTICLE; OR
  (C) HAS OTHERWISE VIOLATED ANY PROVISION OF THIS ARTICLE.
  3.  EACH  LICENSED LOCKSMITH SHALL MAINTAIN A RECORD OF EACH LOCKSMITH
IN HIS OR HER EMPLOY. IN ADDITION TO ANY OTHER INFORMATION  REQUIRED  BY
LAW, THE RECORD SHALL CONTAIN THE FOLLOWING INFORMATION:
  (A) THE EMPLOYEE'S LICENSE NUMBER;
  (B)  A  RECORD OF ALL DEPARTMENT-APPROVED CONTINUING EDUCATION CLASSES
TAKEN OR TAUGHT BY THE LOCKSMITH TOGETHER WITH THE DATES. EACH  EMPLOYEE
MUST  TAKE  A MINIMUM OF SIXTEEN HOURS OF CONTINUING EDUCATION PER YEAR;
AND
  (C) A RECORD OF ANY ARTICLES RELATED TO LOCKSMITHING  WRITTEN  BY  THE
LOCKSMITH THAT WERE PUBLISHED IN PEER-REVIEWED JOURNALS.
  4.  THE  LOCKSMITH WILL MAINTAIN A SEPARATE ROSTER OF THE NAMES OF ALL
EMPLOYEES HIRED AND ALL EMPLOYEES WHO LEFT THE  LOCKSMITH'S  EMPLOY  FOR
ANY  REASON  WITHIN  THE  PREVIOUS  MONTH  AND  SUBMIT THE ROSTER TO THE
DEPARTMENT ON OR BEFORE THE  TENTH  OF  THE  MONTH.  THIS  ROSTER  SHALL
INCLUDE EMPLOYEES WHO ARE LICENSED LOCKSMITHS AND THOSE WHO ARE NOT. FOR
EACH  EMPLOYEE,  THE  ROSTER SHALL INCLUDE THE EMPLOYEE'S NAME, ADDRESS,
DATE OF BIRTH, JOB TITLE, DATE OF HIRE, AND, IF APPLICABLE, THE  EMPLOY-
EE'S LOCKSMITH LICENSE NUMBER. ROSTERS ARE TO BE MAINTAINED BY THE LOCK-
SMITH  FOR A PERIOD OF AT LEAST TWENTY-FOUR MONTHS. THE LOCKSMITH IS NOT
REQUIRED TO SUBMIT A ROSTER FOR ANY MONTH DURING  WHICH  THERE  WERE  NO
EMPLOYMENT  CHANGES. FAILURE TO MAINTAIN AND SUBMIT THE SPECIFIED ROSTER
SHALL RESULT IN A FINE IN AN AMOUNT UP TO FIVE HUNDRED DOLLARS OR  OTHER
DISCIPLINARY  ACTION BEING IMPOSED AGAINST THE LOCKSMITH. THE DEPARTMENT
MAY BY RULE PRESCRIBE FURTHER RECORD REQUIREMENTS.
  5. A DULY AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT SHALL BE ALLOWED
COMPLETE ACCESS TO ALL RECORDS TO BE KEPT UNDER THIS SECTION UPON  THREE
DAYS ADVANCE NOTICE IN WRITING PROVIDED TO THE LICENSED LOCKSMITH.
  6.  ANY  LICENSED  LOCKSMITH  WHO  KNOWINGLY HIRES AND/OR MAINTAINS AN
EMPLOYEE WHO IS IN VIOLATION OF THIS  SECTION  SHALL  HAVE  HIS  OR  HER
LICENSE TEMPORARILY SUSPENDED PENDING FURTHER ACTION BY THE DEPARTMENT.
  S  69-KK.  EXPIRATION  AND RENEWAL. 1. ANY LICENSE GRANTED PURSUANT TO
THIS ARTICLE SHALL EXPIRE AT THE END OF ITS TERM UNLESS  IT  IS  RENEWED

S. 6370                             8

PURSUANT  TO  REGULATIONS  ESTABLISHED BY THE DEPARTMENT OR REVOKED. THE
REGULATIONS FOR RENEWAL SHALL BE REASONABLE AND SHALL INCLUDE A  REASON-
ABLE FEE THE COST OF WHICH SHALL NOT EXCEED THE ORIGINAL LICENSING FEE.
  2.  ALL  INDIVIDUALS  LICENSED UNDER THIS ARTICLE MUST COMPLETE AND/OR
TEACH A MINIMUM OF SIXTEEN HOURS OF CONTINUING  EDUCATION  PER  YEAR  OF
CLASSES  APPROVED BY THE DEPARTMENT IN ORDER TO RENEW HIS OR HER LICENSE
AND  PROVIDE  DOCUMENTATION  THEREOF.  THE  DEPARTMENT   MAY,   AT   ITS
DISCRETION,  ALLOW  THE LICENSEE TO USE ARTICLES WRITTEN BY THE LICENSEE
THAT HAVE BEEN PUBLISHED IN PEER-REVIEWED JOURNALS TO MEET THIS REQUIRE-
MENT.
  S 69-LL. LIST OF LOCKSMITHS. THE DEPARTMENT SHALL MAINTAIN A  LIST  OF
THE  NAMES  AND ADDRESSES OF ALL LOCKSMITHS LICENSED UNDER THIS ARTICLE.
THE LIST SHALL BE MADE AVAILABLE TO THE  PUBLIC  IN  WRITTEN  FORM  UPON
REQUEST AND PAYMENT OF A REASONABLE FEE AND ON THE DEPARTMENT'S INTERNET
WEBSITE.
  S  69-MM.  INSURANCE.  A  LOCKSMITH SHALL MAINTAIN AN INSURANCE POLICY
SUFFICIENT FOR THE PURPOSE OF PAYING CLAIMS  OR  JUDGMENTS  FOR  DAMAGES
WHICH  MAY  OCCUR  AS A RESULT OF NEGLIGENCE OF SAID LOCKSMITH OR HIS OR
HER EMPLOYEES. THE DEPARTMENT MAY ASK FOR  PROOF  OF  INSURANCE  AT  ITS
DISCRETION.
  S  69-NN.  WORK  ORDERS.  1.  ANY LICENSED LOCKSMITH WHO KNOWINGLY AND
WILLFULLY PERFORMS A LOCKSMITH SERVICE, WHETHER OR NOT FOR COMPENSATION,
SHALL COMPLETE A WORK ORDER AT THE TIME THE SERVICE  WAS  PERFORMED  AND
PROVIDE  A  COPY  OF THE COMPLETED WORK ORDER TO THE PERSON FOR WHOM THE
SERVICE WAS PREFORMED.
  2. THE WORK ORDER SHALL CONTAIN THE FOLLOWING INFORMATION:
  (A) A DESCRIPTION OF THE WORK PERFORMED,  THE  APPROXIMATE  LENGTH  OF
TIME INVOLVED, AND AN ITEMIZED BREAKDOWN OF ANY FEES;
  (B)  THE  NAME,  SIGNATURE,  BUSINESS CONTACT INFORMATION, AND LICENSE
NUMBER OF THE LOCKSMITH PERFORMING THE SERVICE;
  (C) IF THE SERVICE PERFORMED BY THE LOCKSMITH INVOLVES THE OPENING  OF
ANY  RESIDENTIAL  OR  COMMERCIAL ESTABLISHMENT FOR ANOTHER PERSON BY ANY
METHOD, THE LOCKSMITH SHALL OBTAIN AND RECORD THE STREET ADDRESS OF  THE
RESIDENT  OR  COMMERCIAL  ESTABLISHMENT, THE SIGNATURE OF THE PERSON FOR
WHOM THE SERVICE WAS PERFORMED, AND THE FOLLOWING INFORMATION  REGARDING
THE PERSON FOR WHOM THE SERVICE WAS PERFORMED:  NAME, ADDRESS, TELEPHONE
NUMBER;
  (D)  IF THE SERVICE PERFORMED BY THE LOCKSMITH INVOLVES THE OPENING OF
A MOTOR VEHICLE, PERSONAL PROPERTY REGISTERED UNDER THE VEHICLE CODE, OR
ANY OTHER PIECE OF PERSONAL PROPERTY FOR ANOTHER PERSON BY  ANY  METHOD,
THE  LOCKSMITH  SHALL  OBTAIN AND RECORD THE LOCATION WHERE THE WORK WAS
PERFORMED, THE VIN NUMBER OF THE VEHICLE (IF APPLICABLE), THE  SIGNATURE
OF  THE  PERSON  FOR  WHOM  THE SERVICE WAS PERFORMED, AND THE FOLLOWING
INFORMATION REGARDING THE PERSON FOR WHOM  THE  SERVICE  WAS  PERFORMED:
NAME, ADDRESS, TELEPHONE NUMBER;
  (E)  A  STATEMENT  DECLARING  THAT  THE  PERSON  FOR WHOM THE WORK WAS
PERFORMED AND WHO SIGNED THE WORK ORDER IS AUTHORIZED  TO  HAVE  ENGAGED
THE  SERVICES OF THE LOCKSMITH FOR THE WORK DESCRIBED ON THE WORK ORDER.
BEFORE PERFORMING THE SERVICE, THE LOCKSMITH  SHALL  MAKE  A  REASONABLE
GOOD  FAITH EFFORT TO ASCERTAIN IF THE PERSON FOR WHOM THE SERVICE IS TO
BE PERFORMED IS AUTHORIZED TO ENGAGE THE LOCKSMITH  TO  DO  SO.  IF  THE
PERSON  IS NOT THE OWNER OF THE BUILDING, VEHICLE, OR ITEM TO BE OPENED,
THE LOCKSMITH SHALL OBTAIN AND NOTE ON THE WORK ORDER THE NAME, ADDRESS,
AND TELEPHONE NUMBER OF THE OWNER  AS  WELL  AS  A  DESCRIPTION  OF  THE
RELATIONSHIP BETWEEN THE OWNER AND THE CUSTOMER;

S. 6370                             9

  (F)  IF  THE  LOCKSMITH  CANNOT  AFTER  A REASONABLE GOOD FAITH EFFORT
OBTAIN ANY OF THE ABOVE INFORMATION, THE LOCKSMITH SHALL INDICATE SO  ON
THE  WORK  ORDER  AND  STATE HIS OR HER REASON OR REASONS FOR PROCEEDING
WITH THE SERVICE IN THE ABSENCE OF SUCH IDENTIFICATION.
  3.  THE LOCKSMITH SHALL RETAIN A COPY OF EACH WORK ORDER FOR A MINIMUM
OF ONE YEAR.
  4. THE WORK ORDERS SHALL BE OPEN FOR INSPECTION BY ANY LAW ENFORCEMENT
OFFICER WHO IS AUTHORIZED TO VIEW SUCH  RECORDS  OR  BY  THE  DEPARTMENT
DURING  BUSINESS  HOURS OR SUBMITTED TO THE DEPARTMENT UPON REQUEST. THE
DEPARTMENT SHALL CREATE AND MAINTAIN A SAMPLE WORK ORDER FORM  AND  MAKE
SUCH FORM AVAILABLE ON THE DEPARTMENT WEBSITE FOR USE BY LOCKSMITHS.
  S  69-OO.  EXCLUSIONS.  THIS  ARTICLE  DOES NOT APPLY TO THE FOLLOWING
PERSONS:
  1. ANY PERSON, OR HIS OR HER AGENT OR EMPLOYEE, WHO IS THE MANUFACTUR-
ER OF A PRODUCT, OTHER THAN LOCKS AND KEYS, AND WHO  INSTALLS,  REPAIRS,
OPENS, OR MODIFIES LOCKS OR WHO MAKES KEYS FOR THE LOCKS OF THAT PRODUCT
AS A NORMAL INCIDENT TO ITS MARKETING.
  2.  EMPLOYEES  WHO  ARE  INDUSTRIAL  OR  INSTITUTIONAL  LOCKSMITHS AND
PROVIDED THAT SUCH EMPLOYEES PROVIDE LOCKSMITH SERVICES ONLY TO A SINGLE
EMPLOYER WHO DOES NOT PROVIDE LOCKSMITH SERVICES FOR HIRE TO THE PUBLIC.
  3. TOW TRUCK OPERATORS AND MOTOR VEHICLE REPAIR TECHNICIANS WHO DO NOT
ORIGINATE KEYS FOR LOCKS AND WHOSE LOCKSMITH  SERVICES  ARE  LIMITED  TO
MOTOR VEHICLE LOCKS.
  4. MOTOR VEHICLE MANUFACTURERS AND DEALERS AND THEIR AUTHORIZED AGENTS
SO  LONG AS THE LOCKSMITH SERVICES ARE LIMITED TO SERVICING, INSTALLING,
REPAIRING, AND REBUILDING OF AUTOMOTIVE LOCKS.
  5. ANY PERSON EMPLOYED EXCLUSIVELY AND REGULARLY BY  A  STATE  CORREC-
TIONAL  INSTITUTION  WHILE  ACTING  IN  THE  NORMAL COURSE OF HIS OR HER
EMPLOYMENT.
  6. ANY AGENT OR EMPLOYEE OF A RETAIL ESTABLISHMENT THAT HAS A  PRIMARY
BUSINESS  OTHER  THAN PROVIDING LOCKSMITH SERVICES, PROVIDING ALL OF THE
FOLLOWING CRITERIA ARE MET:
  (A) THE LOCKSMITH SERVICES PROVIDED BY THE  RETAIL  ESTABLISHMENT  ARE
LIMITED TO KEY DUPLICATING, REKEYING AND RECOMBINATION OF LOCKS, AND THE
SALE OF PREVIOUSLY MANUFACTURED LOCKS;
  (B)  ANY KEY DUPLICATING, REKEYING AND RECOMBINATION, AND INSTALLATION
OF LOCKS MUST TAKE PLACE ON THE PREMISES OF THE RETAIL ESTABLISHMENT;
  (C) NO UNLICENSED AGENT OR EMPLOYEE OF THE RETAIL ESTABLISHMENT  SHALL
ADVERTISE  OR  REPRESENT  HIMSELF  OR  HERSELF TO BE LICENSED UNDER THIS
ARTICLE, AND NO AGENT OR EMPLOYEE  OF  THE  RETAIL  ESTABLISHMENT  SHALL
ADVERTISE OR REPRESENT HIMSELF OR HERSELF TO BE A LOCKSMITH;
  (D)  NO  AGENT OR EMPLOYEE OF THE RETAIL ESTABLISHMENT SHALL DESIGN OR
IMPLEMENT A MASTER KEY SYSTEM; AND
  (E) THE RETAIL ESTABLISHMENT SHALL NOT HAVE ON ITS PREMISES ANY  LOCK-
SMITH TOOL, OTHER THAN THE FOLLOWING:
  (I) KEY DUPLICATION MACHINES;
  (II) KEY BLANKS; OR
  (III) PIN KITS.
  7. RETAIL MERCHANTS WHO INSTALL, PROGRAM, REPAIR, MAINTAIN, REPROGRAM,
REBUILD,  OR  SERVICE  ELECTRONIC  GARAGE  DOOR  DEVICES, SO LONG AS THE
MERCHANT IS NOT ALSO PROVIDING LOCKSMITH SERVICES AS DEFINED IN  SECTION
SIXTY-NINE-BB OF THIS ARTICLE.
  8.  MAINTENANCE  EMPLOYEES AND SECURITY PERSONNEL WHO OPEN LOCKS WHILE
ACTING IN THE NORMAL COURSE OF THEIR EMPLOYMENT.

S. 6370                            10

  9. ANY LAW ENFORCEMENT OFFICER EMPLOYED BY ANY CITY, COUNTY, STATE, OR
FEDERAL LAW ENFORCEMENT AGENCY, IF ALL SERVICES ARE PERFORMED DURING THE
COURSE OF THE OFFICER'S PROFESSIONAL DUTIES.
  10.  FIREFIGHTERS OR EMERGENCY PERSONNEL EMPLOYED BY ANY CITY, COUNTY,
DISTRICT, STATE, OR FEDERAL AGENCY, IF ALL SERVICES ARE PERFORMED DURING
THE COURSE OF DUTIES AS A FIREFIGHTER OR EMERGENCY PERSON.
  11. SALES REPRESENTATIVES WHO ARE NOT LICENSED, WHO  DO  NOT  IDENTIFY
THEMSELVES  AS  LOCKSMITHS,  AND  WHOSE BUSINESS IS RESTRICTED TO MAKING
BONA FIDE SALES DEMONSTRATIONS TO LOCKSMITHS.
  S 69-PP. APPLICABILITY. 1. THIS ARTICLE SHALL APPLY TO ALL LOCKSMITHS,
PROVIDED,  HOWEVER,  THAT  A  POLITICAL  SUBDIVISION  MAY  IMPOSE  OTHER
REQUIREMENTS  THAT ARE IN ADDITION TO THE MINIMUM STANDARDS SET FORTH IN
THIS ARTICLE.
  2. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED TO  LIMIT  IN
ANY WAY THE AUTHORITY OF A POLITICAL SUBDIVISION TO ENACT, IMPLEMENT AND
CONTINUE TO ENFORCE LOCAL LAWS AND REGULATIONS GOVERNING LOCKSMITHS THAT
WERE IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, OR TO ENACT,
IMPLEMENT AND ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF
THIS ARTICLE.
  S  3.  If any clause, sentence, paragraph, section or part of this act
shall be adjudged by any court of competent jurisdiction to  be  invalid
and  after exhaustion of all further judicial review, the judgment shall
not affect, impair or invalidate the remainder  thereof,  but  shall  be
confined in its operation to the clause, sentence, paragraph, section or
part of this act directly involved in the controversy in which the judg-
ment shall have been rendered.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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