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:
1 Section 1. Legislative findings. Locksmiths operate in the public
2 trust to secure and protect property and persons and have the knowledge
3 and tools to bypass or neutralize security devices. Existing laws and
4 regulations do not adequately protect citizens from the unscrupulous use
5 and abuse of the tools and knowledge of the locksmithing profession by
6 the untrained person or from those who have criminal intent. In addi-
7 tion, disreputable locksmiths and those who falsely represent themselves
8 to be locksmiths have a negative effect on the business of honest, hard-
9 working locksmiths by generating public ill will towards the profession
10 as a whole. In order to protect both reputable locksmiths and the public
11 of this state from the abuse and misuse of locksmithing supplies, manu-
12 als, or equipment, locksmiths should be licensed and regulated by this
13 state.
14 S 2. The general business law is amended by adding a new article 6-E
15 to read as follows:
16 ARTICLE 6-E
17 THE LOCKSMITH LICENSING ACT OF 2012
18 SECTION 69-AA. SHORT TITLE.
19 69-BB. DEFINITIONS.
20 69-CC. LOCKSMITH ADVISORY BOARD.
21 69-DD. PROMULGATION OF REGULATIONS AND STANDARDS.
22 69-EE. PROHIBITED ACTIVITIES.
23 69-FF. CRIMINAL PENALTY.
24 69-GG. CIVIL PENALTY.
25 69-HH. LICENSURE.
26 69-II. QUALIFICATIONS OF APPLICANTS.
27 69-JJ. EMPLOYEE REQUIREMENTS.
28 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
1 69-LL. LIST OF LOCKSMITHS.
2 69-MM. INSURANCE.
3 69-NN. WORK ORDERS.
4 69-OO. EXCLUSIONS.
5 69-PP. APPLICABILITY.
6 S 69-AA. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS "THE
7 LOCKSMITH LICENSING ACT OF 2012".
8 S 69-BB. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
9 TERMS SHALL HAVE THE MEANINGS INDICATED:
10 1. "BOARD" MEANS THE LOCKSMITH ADVISORY BOARD.
11 2. "CERTIFICATE" MEANS A DOCUMENT ISSUED BY THE DEPARTMENT AS PROOF
12 THAT A LICENSE OR PERMIT HAS BEEN GRANTED.
13 3. "CERTIFICATION" MEANS THE PROCESS WHEREBY THE DEPARTMENT OR ANY
14 REGULATORY BOARD ISSUES A CERTIFICATE ON BEHALF OF THIS STATE TO A
15 PERSON SIGNIFYING THAT HE OR SHE POSSESSES THE CHARACTER AND MINIMUM
16 SKILLS TO ENGAGE PROPERLY IN THE PROFESSION OF LOCKSMITHING.
17 4. "CODEBOOK" MEANS A COMPILATION, IN ANY FORM, OF KEY CODES.
18 5. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DIVISION OF CRIMINAL
19 JUSTICE SERVICES.
20 6. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
21 7. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
22 8. "EMERGENCY" MEANS A LIFE-THREATENING SITUATION INVOLVING A PERSON.
23 9. "INSPECTION" MEANS A METHOD OF REGULATION WHEREBY A STATE AGENCY
24 PERIODICALLY EXAMINES THE ACTIVITIES AND PREMISES OF PRACTITIONERS OF AN
25 OCCUPATION OR PROFESSION TO ASCERTAIN IF THE PRACTITIONER IS CARRYING
26 OUT HIS OR HER PROFESSION OR OCCUPATION IN A MANNER CONSISTENT WITH THE
27 PUBLIC HEALTH, SAFETY AND WELFARE.
28 10. "KEY BLANK" MEANS A KEY THAT HAS NOT BEEN ALTERED OR CUT AND DOES
29 NOT INCLUDE DEPTH KEYS.
30 11. "KEY DUPLICATION MACHINE" MEANS ANY DEVICE WHICH IS CAPABLE OF
31 COPYING OR REPRODUCING KEYS.
32 12. "LICENSURE" MEANS A METHOD OF REGULATION WHEREBY THIS STATE,
33 THROUGH THE ISSUANCE OF A LICENSE, AUTHORIZES A PERSON POSSESSING THE
34 CHARACTER AND MINIMUM SKILLS TO ENGAGE IN THE PRACTICE OF THE LOCKSMITH
35 PROFESSION OR OCCUPATION, WHICH IS UNLAWFUL TO PRACTICE WITHOUT A
36 LICENSE.
37 13. "LOCKSMITH" MEANS A NATURAL PERSON WHO PERFORMS LOCKSMITH SERVICES
38 AND ACCESS CONTROL SERVICES TO THE PUBLIC. "LOCKSMITH" DOES NOT INCLUDE
39 ANY PERSON WHOSE ACTIVITIES ARE LIMITED TO MAKING A DUPLICATE KEY FROM
40 AN EXISTING KEY OR WHOSE DUTIES ARE PRIMARILY CLERICAL OR FIDUCIARY.
41 14. "LOCKSMITHING TOOL" MEANS ANY TOOL THAT IS DESIGNED, OR INTENDED
42 BY THE USER TO BE USED, TO OPEN A MECHANICAL OR ELECTRICAL LOCKING
43 DEVICE BY A MEANS OTHER THAN THAT WHICH IS INTENDED BY THE MANUFACTURER
44 OF SUCH DEVICE FOR NORMAL OPERATION.
45 15. "LOCKSMITH LICENSE" MEANS A LICENSE GRANTED TO A LOCKSMITH PURSU-
46 ANT TO THIS ARTICLE.
47 16. "LOCKSMITH SERVICES" MEANS:
48 (A) SERVICING OR INSTALLING;
49 (B) REPAIRING, REBUILDING, REKEYING, REPINNING, SERVICING, ADJUSTING
50 OR INSTALLING LOCKS, MECHANICAL OR ELECTRONIC SECURITY DEVICES, SAFES,
51 VAULTS, OR SAFE DEPOSIT BOXES; AND
52 (C) OPERATING A LOCK, MECHANICAL OR ELECTRONIC SECURITY DEVICE, SAFE,
53 VAULT, OR SAFE DEPOSIT BOX BY A MEANS OTHER THAN THOSE INTENDED BY THE
54 MANUFACTURER OF SUCH DEVICES.
55 17. "MASTER KEY SYSTEM" MEANS ANY SYSTEM IN WHICH A LOCK IS REKEYED SO
56 THAT THE LOCK CAN BE OPERATED BY ITS OWN INDIVIDUAL KEY AND CAN ALSO BE
S. 6370 3
1 OPERATED BY A KEY THAT CAN OPERATE OTHER LOCKS IF THE OTHER LOCKS CANNOT
2 BE OPERATED WITH THE LOCK'S INDIVIDUAL KEY.
3 18. "ORGANIZATION" MEANS ANY ENTITY OTHER THAN A NATURAL PERSON,
4 INCLUDING BUT NOT LIMITED TO, A CORPORATION, PARTNERSHIP, SOLE PROPRIE-
5 TORSHIP, OR ASSOCIATION.
6 19. "PIN KIT" MEAN A CONTAINER THAT HOLDS ONLY THE FOLLOWING LOCK
7 PARTS AND MATERIALS:
8 (A) BOTTOM PINS;
9 (B) TOP PINS (NOT INCLUDING MASTER PINS);
10 (C) SPRINGS;
11 (D) PLUG FOLLOWER;
12 (E) PROPRIETARY TOOLS, PROVIDED BY A LOCK MANUFACTURER, DESIGNED FOR
13 THE PURPOSE OF REKEYING A LOCK.
14 20. "RECOMBINATION" MEANS CHANGING THE COMBINATION OF ANY COMBINA-
15 TION-ACTUATED LOCK.
16 21. "SAFE-OPENING TOOL" MEANS ANY TOOL THAT IS DESIGNED, OR INTENDED
17 BY THE USER TO BE USED, TO OPEN A SAFE, SAFE DEPOSIT BOX OR SIMILAR
18 OBJECT BY MEANS OTHER THAN THAT WHICH IS INTENDED BY THE MANUFACTURER OF
19 SUCH SAFE, VAULT, SAFE DEPOSIT BOX OR SIMILAR OBJECT FOR NORMAL OPENING.
20 22. "SECRETARY" MEANS THE SECRETARY OF STATE.
21 S 69-CC. LOCKSMITH ADVISORY BOARD. 1. THERE IS HEREBY CREATED WITHIN
22 THE DEPARTMENT THE "LOCKSMITH ADVISORY BOARD," HEREINAFTER REFERRED TO
23 AS THE "BOARD". SUCH BOARD SHALL CONSIST OF SEVEN MEMBERS: THREE LOCK-
24 SMITHS, ONE LAW ENFORCEMENT REPRESENTATIVE, AND THREE "CITIZEN MEMBERS".
25 THE LAW ENFORCEMENT REPRESENTATIVE AND ONE EACH OF THE LOCKSMITHS AND OF
26 THE CITIZEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, ONE EACH OF THE
27 LOCKSMITHS AND OF THE CITIZEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR
28 UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, ONE EACH OF THE
29 LOCKSMITHS AND OF THE CITIZEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR
30 UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE. OF THE
31 OCCUPATIONAL MEMBERS, ALL SHALL HAVE AT LEAST FIVE YEARS EXPERIENCE IN
32 THE LOCKSMITH INDUSTRY AND BE CURRENTLY ENGAGED IN THAT INDUSTRY. THE
33 APPOINTEES SHALL ALL RESIDE IN THIS STATE AND REPRESENT THE STATE'S
34 RACIAL, ETHNIC, GENDER, GEOGRAPHIC, AND ECONOMIC DIVERSITY TO THE GREAT-
35 EST EXTENT POSSIBLE.
36 2. A "CITIZEN MEMBER" OF THE BOARD SHALL BE A PERSON WHO: (A) IS NOT
37 BY TRAINING OR EXPERIENCE A LOCKSMITH, (B) IS NOT A SPOUSE, PARENT,
38 CHILD, OR SIBLING OF A LOCKSMITH, AND (C) HAS NO DIRECT OR INDIRECT
39 FINANCIAL INTEREST, EXCEPT AS A CONSUMER, IN THE LOCKSMITH PROFESSION.
40 3. AT ITS FIRST MEETING, THE BOARD SHALL ELECT A CHAIRPERSON BY A
41 MAJORITY VOTE. STAFF SERVICES, INCLUDING RECORDING OF BOARD PROCEEDINGS,
42 SHALL BE PERFORMED BY PERSONNEL OF THE DEPARTMENT.
43 4. THE BOARD SHALL ADVISE THE DEPARTMENT AND THE DIVISION IN THE
44 ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE AND SHALL RECOMMEND TO
45 THE SECRETARY AND COMMISSIONER REGULATIONS NECESSARY TO EFFECTUATE THE
46 PROVISIONS OF THIS ARTICLE. ONCE THE SECRETARY DETERMINES THAT THE FINAL
47 REGULATIONS HAVE BEEN PROMULGATED, THE BOARD SHALL BE DISSOLVED.
48 5. THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT COMPENSATION EXCEPT
49 THAT EACH OF THEM SHALL BE ALLOWED THE NECESSARY AND ACTUAL EXPENSES
50 WHICH HE OR SHE SHALL INCUR IN THE PERFORMANCE OF HIS OR HER DUTIES.
51 6. SHOULD ANY SEAT ON THE BOARD BECOME VACANT PRIOR TO THE BOARD'S
52 DISSOLUTION, THE GOVERNOR SHALL MAKE AN APPOINTMENT TO FILL THAT VACAN-
53 CY. IF THE BOARD MEMBER WHO PREVIOUSLY FILLED THE VACANT SEAT HAD BEEN
54 APPOINTED BASED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY,
55 THEN THE SPEAKER MUST MAKE ANOTHER RECOMMENDATION TO THE GOVERNOR. IF
56 THE BOARD MEMBER WHO PREVIOUSLY FILLED THE VACANT SEAT HAD BEEN
S. 6370 4
1 APPOINTED BASED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
2 THE SENATE, THEN THE TEMPORARY PRESIDENT MUST MAKE ANOTHER RECOMMENDA-
3 TION TO THE GOVERNOR. IF A LOCKSMITH PREVIOUSLY FILLED THE VACANT SEAT,
4 THE NEW BOARD MEMBER MUST ALSO BE A LOCKSMITH. IF A LAW ENFORCEMENT
5 REPRESENTATIVE PREVIOUSLY FILLED THE VACANT SEAT, THE NEW BOARD MEMBER
6 MUST ALSO BE A LAW ENFORCEMENT REPRESENTATIVE. IF A CITIZEN MEMBER
7 PREVIOUSLY FILLED THE VACANT SEAT, THE NEW BOARD MEMBER MUST ALSO BE A
8 CITIZEN MEMBER.
9 7. IF THE GOVERNOR FAILS TO MAKE THE NECESSARY APPOINTMENTS TO THE
10 BOARD, OR IF THE SPEAKER OF THE ASSEMBLY OR THE TEMPORARY PRESIDENT OF
11 THE SENATE SHALL FAIL TO MAKE RECOMMENDATIONS TO THE GOVERNOR FOR
12 APPOINTMENT TO THE BOARD, THE CARRYING OUT OF THE REST OF THIS ARTICLE
13 SHALL NOT BE IMPEDED.
14 S 69-DD. PROMULGATION OF REGULATIONS AND STANDARDS. 1. THE DEPARTMENT
15 SHALL PROMULGATE REGULATIONS AND STANDARDS FOR THE TRAINING AND LICENS-
16 ING OF LOCKSMITHS. THE DEPARTMENT SHALL EXAMINE AND LICENSE LOCKSMITHS
17 AND MAY ESTABLISH CLASSIFICATIONS OF TRAINING AND LICENSING.
18 2. LOCKSMITH COMPETENCY STANDARDS AND ANY CHANGES THERETO SHALL BE
19 ESTABLISHED BY DEPARTMENT REGULATION AFTER A PUBLIC HEARING.
20 3. THE DEPARTMENT IS AUTHORIZED TO EVALUATE THE COMPETENCY OF APPLI-
21 CANTS FOR LOCKSMITH LICENSES. THE DEPARTMENT MAY EITHER DEVELOP AND
22 ADMINISTER AN EXAMINATION TO EVALUATE COMPETENCY, OR RELY ON AN EXAMINA-
23 TION DEVELOPED AND ADMINISTERED BY AN ACCREDITED PROFESSIONAL LOCKSMITH
24 ASSOCIATION.
25 4. THE DEPARTMENT MAY WAIVE EXAMINATION REQUIREMENTS FOR ANY PERSON
26 WHO HOLDS A VALID LOCKSMITH LICENSE IN ANOTHER STATE WITH WHICH RECI-
27 PROCITY HAS BEEN ESTABLISHED BY THE DEPARTMENT.
28 5. ANY PERSON APPLYING FOR A LICENSE UNDER THIS ARTICLE WHO DOES NOT
29 OTHERWISE QUALIFY SHALL SERVE AN APPRENTICESHIP UNDER A LICENSED LOCK-
30 SMITH OR UNDER THE DEPARTMENT FOR A PERIOD OF TWO YEARS AND SHALL:
31 (A) COMPLETE THIRTY-TWO HOURS OF CONTINUING EDUCATION PER YEAR OF
32 DEPARTMENT-APPROVED CLASSES; AND
33 (B) IDENTIFY HIMSELF OR HERSELF AS AN "APPRENTICE LOCKSMITH" IN ALL
34 ADVERTISING.
35 S 69-EE. PROHIBITED ACTIVITIES. 1. NO PERSON SHALL ACT AS, OR OFFER
36 TO ACT AS, A LOCKSMITH UNLESS HE OR SHE HAS A LOCKSMITH LICENSE WHICH
37 HAS NOT EXPIRED OR BEEN REVOKED OR SUSPENDED.
38 2. NO ORGANIZATION SHALL PROVIDE OR OFFER THE SERVICES OF A LOCKSMITH
39 UNLESS SUCH SERVICES ARE, OR CAN BE, PROVIDED BY AN EMPLOYEE OF SUCH
40 ORGANIZATION WHO HAS A LOCKSMITH LICENSE WHICH HAS NOT EXPIRED OR BEEN
41 REVOKED OR SUSPENDED.
42 3. IT SHALL BE UNLAWFUL FOR ANY PERSON NOT LICENSED UNDER THE
43 PROVISIONS OF THIS ARTICLE TO ADVERTISE THAT HE OR SHE IS IN THE LOCK-
44 SMITH BUSINESS OR TO HOLD HIMSELF OR HERSELF OUT TO THE PUBLIC AS A
45 LOCKSMITH.
46 4. NOTHING IN THIS SECTION SHALL PROHIBIT THE EMERGENCY OPENING
47 SERVICES BY MEMBERS OF LAW ENFORCEMENT, FIRE DEPARTMENTS, OR OTHER
48 GOVERNMENT AGENCIES OR EMERGENCY PERSONNEL IN THEIR OFFICIAL LINE OF
49 DUTY.
50 5. NO APPRENTICE LOCKSMITH MAY HAVE A REGISTERED OR APPRENTICE LOCK-
51 SMITH WORKING UNDER HIS OR HER SUPERVISION.
52 6. IT SHALL BE UNLAWFUL FOR ANY PERSON OR ORGANIZATION TO ENGAGE IN
53 ANY OF THE FOLLOWING ACTS:
54 (A) MAKING USE OF ANY DESIGNATION PROVIDED BY STATUTE OR REGULATION TO
55 DENOTE A STANDARD OF PROFESSIONAL OR OCCUPATIONAL COMPETENCE WITHOUT
56 BEING DULY CERTIFIED OR LICENSED;
S. 6370 5
1 (B) MAKING USE OF ANY TITLE, WORDS, LETTERS, OR ABBREVIATIONS WHICH
2 MAY REASONABLY BE CONFUSED WITH A DESIGNATION PROVIDED BY STATUTE OR
3 REGULATION TO DENOTE A STANDARD OF PROFESSIONAL OR OCCUPATIONAL COMPE-
4 TENCE WITHOUT BEING DULY CERTIFIED OR LICENSED;
5 (C) PROVIDING MATERIAL MISREPRESENTING FACTS IN AN APPLICATION FOR
6 LICENSURE, CERTIFICATION, OR REGISTRATION; AND
7 (D) WILLFULLY REFUSING TO FURNISH THE DEPARTMENT INFORMATION OR
8 RECORDS REQUIRED OR REQUESTED PURSUANT TO STATUTE OR REGULATION.
9 S 69-FF. CRIMINAL PENALTY. ANY PERSON WHO WILLFULLY ENGAGES IN ANY
10 UNLAWFUL ACT ENUMERATED IN SECTION SIXTY-NINE-EE OF THIS ARTICLE SHALL
11 BE GUILTY OF A MISDEMEANOR. ANY SECOND OR SUBSEQUENT VIOLATION SHALL
12 CONSTITUTE A CLASS E FELONY.
13 S 69-GG. CIVIL PENALTY. 1. THE DEPARTMENT MAY INSTITUTE PROCEEDINGS IN
14 EQUITY TO ENJOIN ANY PERSON, PARTNERSHIP, CORPORATION, OR ANY OTHER
15 ENTITY FROM ENGAGING IN ANY UNLAWFUL ACT ENUMERATED IN SECTION
16 SIXTY-NINE-EE OF THIS ARTICLE. SUCH PROCEEDINGS SHALL BE BROUGHT IN THE
17 NAME OF THIS STATE BY THE DEPARTMENT IN THE CIRCUIT COURT OF THE CITY OR
18 COUNTY IN WHICH THE UNLAWFUL ACT OCCURRED OR IN WHICH THE DEFENDANT
19 RESIDES.
20 2. ANY PERSON LICENSED BY THE DEPARTMENT WHO KNOWINGLY VIOLATES ANY
21 STATUTE OR REGULATION PERTAINING TO THIS ARTICLE WHO IS NOT CRIMINALLY
22 PROSECUTED SHALL BE SUBJECT TO THE MONETARY PENALTY PROVIDED IN THIS
23 SECTION. IF THE DEPARTMENT DETERMINES THAT A RESPONDENT IS GUILTY OF THE
24 VIOLATION COMPLAINED OF, THE DEPARTMENT SHALL DETERMINE THE AMOUNT OF
25 THE MONETARY PENALTY FOR THE VIOLATION, WHICH SHALL NOT EXCEED ONE THOU-
26 SAND DOLLARS FOR EACH VIOLATION.
27 3. AFTER A FORMAL FACT-FINDING, WHEREIN A SANCTION IS IMPOSED TO FINE,
28 SUSPEND, REVOKE, OR DENY RENEWAL OF LICENSE, THE DEPARTMENT MAY ASSESS
29 THE HOLDER THEREOF THE COST OF CONDUCTING SUCH A FACT-FINDING WHEN THE
30 DEPARTMENT HAS FINAL AUTHORITY TO GRANT LICENSE, CERTIFICATE OR REGIS-
31 TRATION, UNLESS THE DEPARTMENT DETERMINES THAT THE OFFENSE IS INADVERT-
32 ENT OR DONE IN A GOOD FAITH BELIEF THAT SUCH ACT DID NOT VIOLATE A STAT-
33 UTE OR REGULATION. THE COST SHALL BE LIMITED TO (A) THE REASONABLE
34 HOURLY RATE FOR THE HEARING OFFICER, AND (B) THE ACTUAL COST OF RECORD-
35 ING THE PROCEEDINGS.
36 S 69-HH. LICENSURE. 1. THE SECRETARY OR HIS OR HER DESIGNEE SHALL BE
37 AUTHORIZED TO ISSUE LOCKSMITH LICENSES TO ALL QUALIFIED INDIVIDUALS IN
38 ACCORDANCE WITH REGULATIONS ESTABLISHED BY THE DEPARTMENT.
39 2. EFFECTIVE NOVEMBER FIRST, TWO THOUSAND THIRTEEN, NO LOCKSMITH SHALL
40 DO BUSINESS IN THIS STATE WITHOUT HAVING OBTAINED THE PROPER LOCKSMITH
41 LICENSE FROM THE DEPARTMENT. THE LICENSE SHALL NOT BE TRANSFERRED OR
42 ASSIGNED AND IS VALID ONLY WITH RESPECT TO THE PERSON TO WHOM IT IS
43 ISSUED. THE DEPARTMENT SHALL CONDUCT A CRIMINAL BACKGROUND CHECK ON ALL
44 APPLICANTS FOR LICENSURE. NO LICENSE SHALL BE GRANTED IF THE APPLICANT
45 HAS AN UNPARDONED FELONY IN HIS OR HER CRIMINAL RECORD OR HAD ANY PRIOR
46 LICENSE TO DO BUSINESS REVOKED FOR FRAUD, MISREPRESENTATION, OR ANY
47 OTHER ACT THAT WOULD CONSTITUTE A VIOLATION OF THIS SECTION. A PERSON
48 SHALL NOT BE REFUSED A LICENSE SOLELY BECAUSE OF A PRIOR CRIMINAL
49 CONVICTION, UNLESS THE CRIMINAL CONVICTION DIRECTLY RELATES TO THE
50 PROFESSION OF LOCKSMITHING. HOWEVER, THE DEPARTMENT SHALL HAVE THE
51 AUTHORITY TO REFUSE A LICENSE IF, BASED ON ALL THE INFORMATION AVAIL-
52 ABLE, INCLUDING THE APPLICANT'S RECORD OF PRIOR CONVICTIONS, IT FINDS
53 THAT THE APPLICANT IS UNFIT OR UNSUITED TO ENGAGE IN THE PROFESSION OF
54 LOCKSMITHING.
55 3. THE TERMS OF EACH LICENSE SHALL BE NO LONGER THAN TWO YEARS, WITH
56 ALL LICENSES EXPIRING ON THEIR ANNIVERSARY UNLESS RENEWED OR REVOKED.
S. 6370 6
1 4. ANY INDIVIDUAL SHALL HAVE AVAILABLE THE PHOTO IDENTIFICATION CARD
2 AT ALL TIMES WHEN PROVIDING LOCKSMITH SERVICES.
3 5. AN ORGANIZATION SHALL DISPLAY AT ITS NORMAL PLACE OF BUSINESS AND
4 IN A MANNER EASILY READABLE BY THE GENERAL PUBLIC A CERTIFICATE FOR EACH
5 LICENSED LOCKSMITH EMPLOYED BY THE ORGANIZATION. EACH CERTIFICATE SHALL
6 CONTAIN THE LICENSEE'S NAME AND LICENSE NUMBER.
7 6. ANY INDIVIDUAL LICENSED OR REGISTERED UNDER THIS ARTICLE MUST SHOW
8 IN ALL ADVERTISING HIS OR HER LICENSE NUMBER.
9 7. ANY APPLICANT FOR LICENSURE WHO PROVIDES DOCUMENTATION THAT HE OR
10 SHE HAS PRACTICED AS A LOCKSMITH FOR AT LEAST TWO CONSECUTIVE YEARS
11 IMMEDIATELY PRECEDING HIS OR HER DATE OF APPLICATION AND IS STILL
12 ENGAGED IN THE TRADE SHALL BE EXEMPT FROM THE EXAMINATION REQUIREMENTS
13 CONTAINED IN THIS ARTICLE AND PROMULGATED BY THE DEPARTMENT IF HE OR SHE
14 APPLIES TO THE DEPARTMENT AND SUBMITS RELEVANT DOCUMENTATION PRIOR TO
15 NOVEMBER FIRST, TWO THOUSAND THIRTEEN. THE REQUIREMENTS FOR SUCH AN
16 APPLICATION SHALL BE DETERMINED BY THE DEPARTMENT. RELEVANT DOCUMENTA-
17 TION SHALL BE DETERMINED BY THE DEPARTMENT AND CAN INCLUDE, BUT IS NOT
18 LIMITED TO, COMPLETION CERTIFICATES FROM AUTHORIZED CONTINUING LOCKSMITH
19 EDUCATION COURSES, MEMBERSHIP IN AN ACCREDITED PROFESSIONAL LOCKSMITH
20 ASSOCIATION, TEACHING LOCKSMITH CONTINUING EDUCATION COURSES, AND ARTI-
21 CLES WRITTEN BY THE LOCKSMITH THAT HAVE BEEN PUBLISHED IN PEER-REVIEWED
22 JOURNALS. THIS IS NOT INTENDED TO PROHIBIT A PRACTICING LOCKSMITH FROM
23 TAKING THE EXAM SHOULD HE OR SHE WISH TO DO SO.
24 8. A NONRESIDENT OF THIS STATE MAY BE LICENSED AS A LOCKSMITH BY MEET-
25 ING ONE OF THE FOLLOWING REQUIREMENTS:
26 (A) HE OR SHE CONFORMS TO THE PROVISIONS OF THIS ARTICLE AND THE REGU-
27 LATIONS OF THE DEPARTMENT; OR
28 (B) HE OR SHE HOLDS A VALID LOCKSMITH LICENSE IN ANOTHER STATE WITH
29 WHICH RECIPROCITY HAS BEEN ESTABLISHED BY THE DEPARTMENT.
30 NONRESIDENT APPLICANTS SHALL ALSO FILE WITH THE DEPARTMENT AN IRREV-
31 OCABLE CONSENT THAT SERVICE OF PROCESS UPON THE SECRETARY IS AS VALID
32 AND BINDING AS SERVICE OF PROCESS UPON THE APPLICANT. THE SECRETARY OR
33 HIS OR HER DESIGNEE SHALL NOTIFY OR CAUSE TO BE NOTIFIED BY CERTIFIED
34 MAIL THE NONRESIDENT LICENSEE NAMED IN A SERVICE AT THE LICENSEE'S
35 ADDRESS OF RECORD.
36 S 69-II. QUALIFICATIONS OF APPLICANTS. 1. AN APPLICANT FOR A LOCKSMITH
37 LICENSE SHALL:
38 (A) BE AT LEAST EIGHTEEN YEARS OF AGE;
39 (B) COMPLY WITH THE COMPETENCY REQUIREMENTS AS ESTABLISHED BY THE
40 DEPARTMENT;
41 (C) PAY A LICENSE FEE AS ESTABLISHED BY DEPARTMENT REGULATIONS;
42 (D) COMPLY WITH THE INSURANCE REQUIREMENTS OUTLINED IN SECTION SIXTY-
43 NINE-MM OF THIS ARTICLE; AND
44 (E) COMPLETE ALL APPLICATION REQUIREMENTS PURSUANT TO DEPARTMENT REGU-
45 LATIONS.
46 2. TWO COMPLETE SETS OF FINGERPRINTS THAT ARE VERIFIED TO BE THOSE OF
47 THE APPLICANT ALONG WITH A FINGERPRINT FEE, IN SUCH AMOUNT AS SHALL BE
48 DETERMINED BY THE DEPARTMENT, FOR THE COST OF THE DIVISION'S FULL SEARCH
49 AND RETAIN PROCEDURES. BEFORE APPROVING AN APPLICATION, IT SHALL BE THE
50 DUTY OF THE DEPARTMENT TO FORWARD ONE COPY OF SUCH FINGERPRINTS TO THE
51 DIVISION. UPON RECEIPT OF SUCH FINGERPRINTS, THE DIVISION SHALL, PURSU-
52 ANT TO ITS FULL SEARCH AND RETAIN PROCEDURES, FORWARD TO THE DEPARTMENT
53 A REPORT WITH RESPECT TO THE APPLICANT'S PREVIOUS CRIMINAL HISTORY, IF
54 ANY, OR A STATEMENT THAT THE APPLICANT HAS NO PREVIOUS CRIMINAL HISTORY.
55 IF ADDITIONAL COPIES OF FINGERPRINTS ARE REQUIRED, THE APPLICANT SHALL
56 FURNISH THEM UPON REQUEST. IF AN APPLICANT'S FINGERPRINT CARDS ARE
S. 6370 7
1 RETURNED TO THE DEPARTMENT AS UNCLASSIFIED BY THE DIVISION, THE AGENCY
2 HAS THIRTY DAYS AFTER NOTIFICATION IS SENT BY THE DEPARTMENT TO RESUBMIT
3 SUCH FINGERPRINTS TAKEN BY A DIFFERENT TECHNICIAN.
4 3. THE FORM OF APPLICATION, CERTIFICATE, PHOTO IDENTIFICATION CARD,
5 AND METHOD TO OBTAIN AND RENEW PHOTOGRAPHS SHALL BE ESTABLISHED BY
6 DEPARTMENT REGULATION AND ADMINISTERED BY THE SECRETARY OR HIS OR HER
7 DESIGNEE.
8 S 69-JJ. EMPLOYEE REQUIREMENTS. 1. ALL EMPLOYEES OF A LOCKSMITH WHO
9 PERFORM LOCKSMITH SERVICES AS DEFINED BY SECTION SIXTY-NINE-BB OF THIS
10 ARTICLE SHALL HOLD A VALID LOCKSMITH LICENSE ISSUED BY THE DEPARTMENT.
11 THE HOLDER OF A LOCKSMITH LICENSE ISSUED UNDER THIS ARTICLE MAY EMPLOY
12 IN THE CONDUCT OF THE ORGANIZATION'S BUSINESS EMPLOYEES PURSUANT TO THIS
13 SECTION.
14 2. NO PERSON SHALL BE A REGISTERED EMPLOYEE OF A LICENSED LOCKSMITH
15 WHO:
16 (A) HAS BEEN DETERMINED BY THE DEPARTMENT TO BE UNFIT BY REASON OF
17 CONVICTION OF A FELONY OR MISDEMEANOR OFFENSE IN THIS OR IN ANOTHER
18 STATE OR CONVICTED OF ANY CRIME RELATED TO THE PRACTICE OF LOCKSMITHING.
19 THE DEPARTMENT SHALL PROMULGATE RULES FOR PROCEDURES BY WHICH THOSE
20 CIRCUMSTANCES SHALL BE DETERMINED AND THAT AFFORD THE APPLICANT DUE
21 PROCESS OF LAW;
22 (B) HAS HAD A LOCKSMITH LICENSE REFUSED, DENIED, SUSPENDED, OR REVOKED
23 UNDER THIS ARTICLE; OR
24 (C) HAS OTHERWISE VIOLATED ANY PROVISION OF THIS ARTICLE.
25 3. EACH LICENSED LOCKSMITH SHALL MAINTAIN A RECORD OF EACH LOCKSMITH
26 IN HIS OR HER EMPLOY. IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY
27 LAW, THE RECORD SHALL CONTAIN THE FOLLOWING INFORMATION:
28 (A) THE EMPLOYEE'S LICENSE NUMBER;
29 (B) A RECORD OF ALL DEPARTMENT-APPROVED CONTINUING EDUCATION CLASSES
30 TAKEN OR TAUGHT BY THE LOCKSMITH TOGETHER WITH THE DATES. EACH EMPLOYEE
31 MUST TAKE A MINIMUM OF SIXTEEN HOURS OF CONTINUING EDUCATION PER YEAR;
32 AND
33 (C) A RECORD OF ANY ARTICLES RELATED TO LOCKSMITHING WRITTEN BY THE
34 LOCKSMITH THAT WERE PUBLISHED IN PEER-REVIEWED JOURNALS.
35 4. THE LOCKSMITH WILL MAINTAIN A SEPARATE ROSTER OF THE NAMES OF ALL
36 EMPLOYEES HIRED AND ALL EMPLOYEES WHO LEFT THE LOCKSMITH'S EMPLOY FOR
37 ANY REASON WITHIN THE PREVIOUS MONTH AND SUBMIT THE ROSTER TO THE
38 DEPARTMENT ON OR BEFORE THE TENTH OF THE MONTH. THIS ROSTER SHALL
39 INCLUDE EMPLOYEES WHO ARE LICENSED LOCKSMITHS AND THOSE WHO ARE NOT. FOR
40 EACH EMPLOYEE, THE ROSTER SHALL INCLUDE THE EMPLOYEE'S NAME, ADDRESS,
41 DATE OF BIRTH, JOB TITLE, DATE OF HIRE, AND, IF APPLICABLE, THE EMPLOY-
42 EE'S LOCKSMITH LICENSE NUMBER. ROSTERS ARE TO BE MAINTAINED BY THE LOCK-
43 SMITH FOR A PERIOD OF AT LEAST TWENTY-FOUR MONTHS. THE LOCKSMITH IS NOT
44 REQUIRED TO SUBMIT A ROSTER FOR ANY MONTH DURING WHICH THERE WERE NO
45 EMPLOYMENT CHANGES. FAILURE TO MAINTAIN AND SUBMIT THE SPECIFIED ROSTER
46 SHALL RESULT IN A FINE IN AN AMOUNT UP TO FIVE HUNDRED DOLLARS OR OTHER
47 DISCIPLINARY ACTION BEING IMPOSED AGAINST THE LOCKSMITH. THE DEPARTMENT
48 MAY BY RULE PRESCRIBE FURTHER RECORD REQUIREMENTS.
49 5. A DULY AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT SHALL BE ALLOWED
50 COMPLETE ACCESS TO ALL RECORDS TO BE KEPT UNDER THIS SECTION UPON THREE
51 DAYS ADVANCE NOTICE IN WRITING PROVIDED TO THE LICENSED LOCKSMITH.
52 6. ANY LICENSED LOCKSMITH WHO KNOWINGLY HIRES AND/OR MAINTAINS AN
53 EMPLOYEE WHO IS IN VIOLATION OF THIS SECTION SHALL HAVE HIS OR HER
54 LICENSE TEMPORARILY SUSPENDED PENDING FURTHER ACTION BY THE DEPARTMENT.
55 S 69-KK. EXPIRATION AND RENEWAL. 1. ANY LICENSE GRANTED PURSUANT TO
56 THIS ARTICLE SHALL EXPIRE AT THE END OF ITS TERM UNLESS IT IS RENEWED
S. 6370 8
1 PURSUANT TO REGULATIONS ESTABLISHED BY THE DEPARTMENT OR REVOKED. THE
2 REGULATIONS FOR RENEWAL SHALL BE REASONABLE AND SHALL INCLUDE A REASON-
3 ABLE FEE THE COST OF WHICH SHALL NOT EXCEED THE ORIGINAL LICENSING FEE.
4 2. ALL INDIVIDUALS LICENSED UNDER THIS ARTICLE MUST COMPLETE AND/OR
5 TEACH A MINIMUM OF SIXTEEN HOURS OF CONTINUING EDUCATION PER YEAR OF
6 CLASSES APPROVED BY THE DEPARTMENT IN ORDER TO RENEW HIS OR HER LICENSE
7 AND PROVIDE DOCUMENTATION THEREOF. THE DEPARTMENT MAY, AT ITS
8 DISCRETION, ALLOW THE LICENSEE TO USE ARTICLES WRITTEN BY THE LICENSEE
9 THAT HAVE BEEN PUBLISHED IN PEER-REVIEWED JOURNALS TO MEET THIS REQUIRE-
10 MENT.
11 S 69-LL. LIST OF LOCKSMITHS. THE DEPARTMENT SHALL MAINTAIN A LIST OF
12 THE NAMES AND ADDRESSES OF ALL LOCKSMITHS LICENSED UNDER THIS ARTICLE.
13 THE LIST SHALL BE MADE AVAILABLE TO THE PUBLIC IN WRITTEN FORM UPON
14 REQUEST AND PAYMENT OF A REASONABLE FEE AND ON THE DEPARTMENT'S INTERNET
15 WEBSITE.
16 S 69-MM. INSURANCE. A LOCKSMITH SHALL MAINTAIN AN INSURANCE POLICY
17 SUFFICIENT FOR THE PURPOSE OF PAYING CLAIMS OR JUDGMENTS FOR DAMAGES
18 WHICH MAY OCCUR AS A RESULT OF NEGLIGENCE OF SAID LOCKSMITH OR HIS OR
19 HER EMPLOYEES. THE DEPARTMENT MAY ASK FOR PROOF OF INSURANCE AT ITS
20 DISCRETION.
21 S 69-NN. WORK ORDERS. 1. ANY LICENSED LOCKSMITH WHO KNOWINGLY AND
22 WILLFULLY PERFORMS A LOCKSMITH SERVICE, WHETHER OR NOT FOR COMPENSATION,
23 SHALL COMPLETE A WORK ORDER AT THE TIME THE SERVICE WAS PERFORMED AND
24 PROVIDE A COPY OF THE COMPLETED WORK ORDER TO THE PERSON FOR WHOM THE
25 SERVICE WAS PREFORMED.
26 2. THE WORK ORDER SHALL CONTAIN THE FOLLOWING INFORMATION:
27 (A) A DESCRIPTION OF THE WORK PERFORMED, THE APPROXIMATE LENGTH OF
28 TIME INVOLVED, AND AN ITEMIZED BREAKDOWN OF ANY FEES;
29 (B) THE NAME, SIGNATURE, BUSINESS CONTACT INFORMATION, AND LICENSE
30 NUMBER OF THE LOCKSMITH PERFORMING THE SERVICE;
31 (C) IF THE SERVICE PERFORMED BY THE LOCKSMITH INVOLVES THE OPENING OF
32 ANY RESIDENTIAL OR COMMERCIAL ESTABLISHMENT FOR ANOTHER PERSON BY ANY
33 METHOD, THE LOCKSMITH SHALL OBTAIN AND RECORD THE STREET ADDRESS OF THE
34 RESIDENT OR COMMERCIAL ESTABLISHMENT, THE SIGNATURE OF THE PERSON FOR
35 WHOM THE SERVICE WAS PERFORMED, AND THE FOLLOWING INFORMATION REGARDING
36 THE PERSON FOR WHOM THE SERVICE WAS PERFORMED: NAME, ADDRESS, TELEPHONE
37 NUMBER;
38 (D) IF THE SERVICE PERFORMED BY THE LOCKSMITH INVOLVES THE OPENING OF
39 A MOTOR VEHICLE, PERSONAL PROPERTY REGISTERED UNDER THE VEHICLE CODE, OR
40 ANY OTHER PIECE OF PERSONAL PROPERTY FOR ANOTHER PERSON BY ANY METHOD,
41 THE LOCKSMITH SHALL OBTAIN AND RECORD THE LOCATION WHERE THE WORK WAS
42 PERFORMED, THE VIN NUMBER OF THE VEHICLE (IF APPLICABLE), THE SIGNATURE
43 OF THE PERSON FOR WHOM THE SERVICE WAS PERFORMED, AND THE FOLLOWING
44 INFORMATION REGARDING THE PERSON FOR WHOM THE SERVICE WAS PERFORMED:
45 NAME, ADDRESS, TELEPHONE NUMBER;
46 (E) A STATEMENT DECLARING THAT THE PERSON FOR WHOM THE WORK WAS
47 PERFORMED AND WHO SIGNED THE WORK ORDER IS AUTHORIZED TO HAVE ENGAGED
48 THE SERVICES OF THE LOCKSMITH FOR THE WORK DESCRIBED ON THE WORK ORDER.
49 BEFORE PERFORMING THE SERVICE, THE LOCKSMITH SHALL MAKE A REASONABLE
50 GOOD FAITH EFFORT TO ASCERTAIN IF THE PERSON FOR WHOM THE SERVICE IS TO
51 BE PERFORMED IS AUTHORIZED TO ENGAGE THE LOCKSMITH TO DO SO. IF THE
52 PERSON IS NOT THE OWNER OF THE BUILDING, VEHICLE, OR ITEM TO BE OPENED,
53 THE LOCKSMITH SHALL OBTAIN AND NOTE ON THE WORK ORDER THE NAME, ADDRESS,
54 AND TELEPHONE NUMBER OF THE OWNER AS WELL AS A DESCRIPTION OF THE
55 RELATIONSHIP BETWEEN THE OWNER AND THE CUSTOMER;
S. 6370 9
1 (F) IF THE LOCKSMITH CANNOT AFTER A REASONABLE GOOD FAITH EFFORT
2 OBTAIN ANY OF THE ABOVE INFORMATION, THE LOCKSMITH SHALL INDICATE SO ON
3 THE WORK ORDER AND STATE HIS OR HER REASON OR REASONS FOR PROCEEDING
4 WITH THE SERVICE IN THE ABSENCE OF SUCH IDENTIFICATION.
5 3. THE LOCKSMITH SHALL RETAIN A COPY OF EACH WORK ORDER FOR A MINIMUM
6 OF ONE YEAR.
7 4. THE WORK ORDERS SHALL BE OPEN FOR INSPECTION BY ANY LAW ENFORCEMENT
8 OFFICER WHO IS AUTHORIZED TO VIEW SUCH RECORDS OR BY THE DEPARTMENT
9 DURING BUSINESS HOURS OR SUBMITTED TO THE DEPARTMENT UPON REQUEST. THE
10 DEPARTMENT SHALL CREATE AND MAINTAIN A SAMPLE WORK ORDER FORM AND MAKE
11 SUCH FORM AVAILABLE ON THE DEPARTMENT WEBSITE FOR USE BY LOCKSMITHS.
12 S 69-OO. EXCLUSIONS. THIS ARTICLE DOES NOT APPLY TO THE FOLLOWING
13 PERSONS:
14 1. ANY PERSON, OR HIS OR HER AGENT OR EMPLOYEE, WHO IS THE MANUFACTUR-
15 ER OF A PRODUCT, OTHER THAN LOCKS AND KEYS, AND WHO INSTALLS, REPAIRS,
16 OPENS, OR MODIFIES LOCKS OR WHO MAKES KEYS FOR THE LOCKS OF THAT PRODUCT
17 AS A NORMAL INCIDENT TO ITS MARKETING.
18 2. EMPLOYEES WHO ARE INDUSTRIAL OR INSTITUTIONAL LOCKSMITHS AND
19 PROVIDED THAT SUCH EMPLOYEES PROVIDE LOCKSMITH SERVICES ONLY TO A SINGLE
20 EMPLOYER WHO DOES NOT PROVIDE LOCKSMITH SERVICES FOR HIRE TO THE PUBLIC.
21 3. TOW TRUCK OPERATORS AND MOTOR VEHICLE REPAIR TECHNICIANS WHO DO NOT
22 ORIGINATE KEYS FOR LOCKS AND WHOSE LOCKSMITH SERVICES ARE LIMITED TO
23 MOTOR VEHICLE LOCKS.
24 4. MOTOR VEHICLE MANUFACTURERS AND DEALERS AND THEIR AUTHORIZED AGENTS
25 SO LONG AS THE LOCKSMITH SERVICES ARE LIMITED TO SERVICING, INSTALLING,
26 REPAIRING, AND REBUILDING OF AUTOMOTIVE LOCKS.
27 5. ANY PERSON EMPLOYED EXCLUSIVELY AND REGULARLY BY A STATE CORREC-
28 TIONAL INSTITUTION WHILE ACTING IN THE NORMAL COURSE OF HIS OR HER
29 EMPLOYMENT.
30 6. ANY AGENT OR EMPLOYEE OF A RETAIL ESTABLISHMENT THAT HAS A PRIMARY
31 BUSINESS OTHER THAN PROVIDING LOCKSMITH SERVICES, PROVIDING ALL OF THE
32 FOLLOWING CRITERIA ARE MET:
33 (A) THE LOCKSMITH SERVICES PROVIDED BY THE RETAIL ESTABLISHMENT ARE
34 LIMITED TO KEY DUPLICATING, REKEYING AND RECOMBINATION OF LOCKS, AND THE
35 SALE OF PREVIOUSLY MANUFACTURED LOCKS;
36 (B) ANY KEY DUPLICATING, REKEYING AND RECOMBINATION, AND INSTALLATION
37 OF LOCKS MUST TAKE PLACE ON THE PREMISES OF THE RETAIL ESTABLISHMENT;
38 (C) NO UNLICENSED AGENT OR EMPLOYEE OF THE RETAIL ESTABLISHMENT SHALL
39 ADVERTISE OR REPRESENT HIMSELF OR HERSELF TO BE LICENSED UNDER THIS
40 ARTICLE, AND NO AGENT OR EMPLOYEE OF THE RETAIL ESTABLISHMENT SHALL
41 ADVERTISE OR REPRESENT HIMSELF OR HERSELF TO BE A LOCKSMITH;
42 (D) NO AGENT OR EMPLOYEE OF THE RETAIL ESTABLISHMENT SHALL DESIGN OR
43 IMPLEMENT A MASTER KEY SYSTEM; AND
44 (E) THE RETAIL ESTABLISHMENT SHALL NOT HAVE ON ITS PREMISES ANY LOCK-
45 SMITH TOOL, OTHER THAN THE FOLLOWING:
46 (I) KEY DUPLICATION MACHINES;
47 (II) KEY BLANKS; OR
48 (III) PIN KITS.
49 7. RETAIL MERCHANTS WHO INSTALL, PROGRAM, REPAIR, MAINTAIN, REPROGRAM,
50 REBUILD, OR SERVICE ELECTRONIC GARAGE DOOR DEVICES, SO LONG AS THE
51 MERCHANT IS NOT ALSO PROVIDING LOCKSMITH SERVICES AS DEFINED IN SECTION
52 SIXTY-NINE-BB OF THIS ARTICLE.
53 8. MAINTENANCE EMPLOYEES AND SECURITY PERSONNEL WHO OPEN LOCKS WHILE
54 ACTING IN THE NORMAL COURSE OF THEIR EMPLOYMENT.
S. 6370 10
1 9. ANY LAW ENFORCEMENT OFFICER EMPLOYED BY ANY CITY, COUNTY, STATE, OR
2 FEDERAL LAW ENFORCEMENT AGENCY, IF ALL SERVICES ARE PERFORMED DURING THE
3 COURSE OF THE OFFICER'S PROFESSIONAL DUTIES.
4 10. FIREFIGHTERS OR EMERGENCY PERSONNEL EMPLOYED BY ANY CITY, COUNTY,
5 DISTRICT, STATE, OR FEDERAL AGENCY, IF ALL SERVICES ARE PERFORMED DURING
6 THE COURSE OF DUTIES AS A FIREFIGHTER OR EMERGENCY PERSON.
7 11. SALES REPRESENTATIVES WHO ARE NOT LICENSED, WHO DO NOT IDENTIFY
8 THEMSELVES AS LOCKSMITHS, AND WHOSE BUSINESS IS RESTRICTED TO MAKING
9 BONA FIDE SALES DEMONSTRATIONS TO LOCKSMITHS.
10 S 69-PP. APPLICABILITY. 1. THIS ARTICLE SHALL APPLY TO ALL LOCKSMITHS,
11 PROVIDED, HOWEVER, THAT A POLITICAL SUBDIVISION MAY IMPOSE OTHER
12 REQUIREMENTS THAT ARE IN ADDITION TO THE MINIMUM STANDARDS SET FORTH IN
13 THIS ARTICLE.
14 2. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED TO LIMIT IN
15 ANY WAY THE AUTHORITY OF A POLITICAL SUBDIVISION TO ENACT, IMPLEMENT AND
16 CONTINUE TO ENFORCE LOCAL LAWS AND REGULATIONS GOVERNING LOCKSMITHS THAT
17 WERE IN EFFECT PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, OR TO ENACT,
18 IMPLEMENT AND ENFORCE ANY AMENDMENTS THERETO AFTER THE EFFECTIVE DATE OF
19 THIS ARTICLE.
20 S 3. If any clause, sentence, paragraph, section or part of this act
21 shall be adjudged by any court of competent jurisdiction to be invalid
22 and after exhaustion of all further judicial review, the judgment shall
23 not affect, impair or invalidate the remainder thereof, but shall be
24 confined in its operation to the clause, sentence, paragraph, section or
25 part of this act directly involved in the controversy in which the judg-
26 ment shall have been rendered.
27 S 4. This act shall take effect on the one hundred eightieth day after
28 it shall have become a law; provided, however, that effective immediate-
29 ly, the addition, amendment and/or repeal of any rule or regulation
30 necessary for the implementation of this act on its effective date are
31 authorized and directed to be made and completed on or before such
32 effective date.