AB939: Bill Text

AB939,20,17 (f) Engaged in conduct while practicing locksmithing that evidences a lack of knowledge or ability to apply locksmithing principles or skills.

AB939,20,18 (g) Engaged in unprofessional conduct.

AB939,20,20 (h) Knowingly permitted a person under his or her supervision to violate this chapter or any rule promulgated under this chapter.

AB939,20,22 (i) Employed, induced or assisted a person who is not registered or licensed un der this chapter in the unauthorized practice of locksmithing.

AB939,21,2 (j) Been connected or associated with, or lent his or her name to, another person who engaged in the practice of locksmithing in violation of this chapter or who made representations about his or her authorization to practice locksmithing that are in violation of this chapter.

AB939,21,4 (k) Made or filed false records or reports in connection with his or her practice of locksmithing.

AB939,21,6 (L) Engaged in irregularities in billing for services rendered to another person. In this paragraph, "irregularities in billing" includes:

AB939,21,8 1. Reporting charges for the purpose of obtaining a total payment in excess of that usually received for the services rendered.

AB939,21,9 2. Reporting charges for services not rendered.

AB939,21,11 3. Incorrectly reporting services rendered for the purpose of obtaining pay ment.

AB939,21,12 (m) Violated this chapter or any rule promulgated under this chapter.

AB939,21,21 460.24 Injunction. If it appears upon complaint to the examining board by any person, or if it is known to the examining board, that a person who is not a regis tered apprentice, a locksmith, a professional locksmith or a locksmith agency and who is not exempt under this chapter is practicing or offering to practice, or is about to practice or offer to practice, locksmithing in this state, the examining board or the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state against any such person to enjoin the person from practicing or offering to practice locksmithing.

AB939,22,2 460.26 Penalties. (1) Any person who violates this chapter or any rule pro mulgated under this chapter may be required to forfeit not more than $500 for the first offense and may be required to forfeit not more than $1,000 for the 2nd or any subsequent offense within a year. Each day of continued violation constitutes a sepa rate offense. The period shall be measured by using the dates of the offenses that resulted in convictions.

AB939,22,5 (2) Any person who wilfully violates this chapter or any rule promulgated un der this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB939, s. 7 Section 7 . Nonstatutory provisions.

AB939,22,7 (1)  Initial appointments.

AB939,22,12 (a)  Notwithstanding section 15.405 (18) of the statutes, as created by this act, the initial professional locksmith members of the locksmith examining board need not be licensed under chapter 460 of the statutes, as created by this act, to be ap pointed to and serve as members of the examining board until the first day of the 13th month beginning after the effective date of this paragraph.

AB939,22,16 (b)  Notwithstanding section 15.405 (18) of the statutes, as created by this act, the initial members of the locksmith examining board shall be appointed by the first day of the 4th month beginning after the effective date of this paragraph for the fol lowing terms:

AB939,22,17 1.  One professional locksmith member, for a term expiring on July 1, 1997.

AB939,22,18 2.  One public member, for a term expiring on July 1, 1998.

AB939,22,19 3.  One professional locksmith member, for a term expiring on July 1, 1999.

AB939,22,21 4.  One professional locksmith member and one public member, for terms ex piring on July 1, 2000.

AB939,22,22 (2)   Waiver of certain licensing requirements.

AB939,23,5 (a)   Locksmiths. Notwithstanding section 460.08 (2) (f) and (g) of the statutes, as created by this act, the locksmith examining board shall grant a locksmith license under section 460.08 (2) of the statutes to an individual who, not later than the last day of the 13th month beginning after the effective date of this paragraph, satisfies the requirements under section 460.08 (2) (a), (b), (c), (d) and (e) of the statutes, as created by this act, and submits evidence satisfactory to the examining board that he or she has been employed as a locksmith for at least 2 years during the 5-year period immediate preceding the effective date of this paragraph.

AB939,23,15 (b)   Professional locksmiths. Notwithstanding section 460.08 (3) (f) and (g) of the statutes, as created by this act, the locksmith examining board shall grant a pro fessional locksmith license under section 460.08 (3) of the statutes to an individual who, not later than the last day of the 13th month beginning after the effective date of this paragraph, satisfies the requirements under section 460.08 (3) (a), (b), (c), (d) and (e) of the statutes, as created by this act, and submits evidence satisfactory to the examining board that, during at least 2 years of the 5-year period immediately preceding the effective date of this paragraph, he or she has owned and operated a locksmith business or has been a manager or operator of a locksmith business owned by another person.

AB939,23,21 (c)  Locksmith agencies. Notwithstanding section 460.08 (5) (c), (d) and (e) of the statutes, as created by this act, the locksmith examining board shall grant a lock smith agency license under section 460.08 (5) of the statutes to a business entity that, not later than the last day of the 13th month beginning after the effective date of this paragraph, satisfies the requirements under section 460.08 (5) (a), (b) and (f) of the statutes, as created by this act, and satisfies whichever of the following is applicable:

AB939,23,23 1.  That the individual who is the sole proprietor is licensed as a professional locksmith under paragraph (b) , if the business entity is a sole proprietorship.

AB939,24,4 2.  That at least one officer, director or manager who is responsible for the daily business of the corporation or limited liability company is licensed as a professional locksmith under paragraph (b) , if the business entity is a corporation or limited li ability company. An officer, director or manager of a corporation or limited liability company may not be responsible for the daily business of more than one locksmith agency.

AB939,24,7 3.  That each member of the firm, partnership or association is licensed as a professional locksmith under paragraph (b) , if the business entity is not a sole pro prietorship, corporation or limited liability company.

AB939, s. 8 Section 8. Effective dates. This act takes effect on the first day of the 13th month beginning after publication, except as follows:

AB939,24,11 (1)  The treatment of section 15.405 (18) of the statutes and Section 7 of this act take effect on the day after publication.

AB939,24,12 (End)