JEO:skg:jlb
1995 - 1996 LEGISLATURE
February 23, 1996 - Introduced by Representatives Albers, Kreibich, Brancel,
Owens, Zukowski and
Musser, cosponsored by Senator Schultz. Referred to
Committee on Consumer Affairs.
AB939,1,4
1An Act to create 15.405 (18), 440.08 (2) (a) 41d., 440.08 (2) (a) 41h., 440.08 (2)
2(a) 41p., 440.08 (2) (a) 41t. and chapter 460 of the statutes;
relating to: the reg
3ulation of locksmiths, creating a locksmith examining board, granting rule-
4making authority and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill establishes requirements for the licensure of professional locksmiths,
locksmiths and locksmith agencies and the registration of locksmith apprentices.
The bill also creates a 5-member locksmith examining board (examining board) to
administer and enforce the requirements. The examining board is attached to the
department of regulation and licensing (DORL).
Under the bill, with certain exceptions, no person may engage in the practice
of locksmithing unless the person is: 1) licensed as a professional locksmith by the
examining board; 2) licensed as a locksmith by the examining board and employed
by a licensed locksmith agency; or 3) registered as a locksmith apprentice by the ex
amining board, employed by a licensed locksmith agency and practicing under the
supervision of a professional locksmith or a locksmith.
The exceptions to the practice restrictions established by the bill include the fol
lowing: 1) the opening of locks in an emergency by a law enforcement officer, fire
fighter or other municipal employe; and 2) certain locksmithing activities, such as
the sale, installation, opening or repairing of locks, by motor vehicle dealers and me
chanics, retail and hardware stores, members of building and construction trades,
towing service or motor club personnel and lock manufacturers. The bill also permits
certain governmental and private entities to employ a locksmith or apprentice lock
smith without obtaining a locksmith agency license.
The bill also prohibits a person from owning or possessing locksmithing tools
that are specifically designed to compromise or bypass locks, safe-opening tools or
code books unless he or she is licensed or registered under the bill. This prohibition
does not apply to tools designed exclusively to open motor vehicle locks and that are
owned or possessed by a towing service, a motor club or a person authorized to repos
sess motor vehicles.
In addition, the bill does all of the following:
1. Establishes the requirements that a person must meet to qualify for registra
tion as a locksmith apprentice and the requirements for licensure as a locksmith or
professional locksmith. The bill specifies that a person must pass an examination
to qualify for licensure as a locksmith or professional locksmith, except that the ex
amination requirement for professional locksmith licensure does not apply until 3
years after the bill becomes law.
2. Establishes requirements for the licensure of locksmith agencies. In particu
lar, the bill requires certain persons, such as officers, directors or partners, who are
responsible for the locksmith agency to be licensed as professional locksmiths.
3. Requires an apprentice locksmith, locksmith and professional locksmith to
complete a work order form which contains identification and other information con
cerning a customer whenever the apprentice locksmith, locksmith or professional
locksmith opens a residence, commercial establishment, motor vehicle, safe, vault,
safe deposit box, automatic teller machine or other device for a customer. The bill
also requires towing service and motor club personnel who open a motor vehicle to
complete the same work order form that a locksmith must complete.
4. Requires every professional locksmith and locksmith agency to have in effect
liability insurance of the type and in the amount required by rules promulgated by
the examining board.
5. Requires a person licensed or registered under the bill to complete continu
ing education requirements established by the examining board in order to be able
to renew his or her license or registration.
6. Requires locksmith agencies to keep a list of its employes, which must be fur
nished to DORL, and to keep certain records concerning its employes.
7. Requires the examining board to issue identification cards to every person
licensed or registered under the bill.
8. Provides for the reciprocal licensing of persons licensed in another state or
territory of the United States if the licensing requirements of the other state or terri
tory are substantially equivalent to the requirements for licensing established in the
bill or, if the licensing requirements of the other state or territory are not by them
selves substantially equivalent to the requirements for licensing established in the
bill, if the applicant has additional qualifications that give him or her substantially
the same qualifications as those needed for licensure under the bill.
9. Authorizes the examining board to reprimand a person licensed or registered
by the examining board or to deny, limit, suspend or revoke a license or registration
granted by the examining board if the applicant or the person licensed or registered
has engaged in certain conduct or has violated any statute that is administered by,
or any rule that is promulgated by, the examining board relating to the practice of
locksmithing.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB939, s. 1
1Section
1. 15.405 (18) of the statutes is created to read:
AB939,3,72
15.405
(18) Locksmith examining board. There is created a locksmith examin
3ing board in the department of regulation and licensing. The examining board shall
4consist of 5 members, appointed for 3-year terms. Three members shall be licensed
5as professional locksmiths under ch. 460. Two members shall be public members.
6No public member of the examining board may be connected to or have any financial
7interest in a locksmith agency.
AB939, s. 2
8Section
2. 440.08 (2) (a) 41d. of the statutes is created to read:
AB939,3,99
440.08
(2) (a) 41d. Locksmith: May 1 of each even-numbered year; $41.
AB939, s. 3
10Section
3. 440.08 (2) (a) 41h. of the statutes is created to read:
AB939,3,1111
440.08
(2) (a) 41h. Locksmith agency: May 1 of each even-numbered year; $41.
AB939, s. 4
12Section
4. 440.08 (2) (a) 41p. of the statutes is created to read:
AB939,3,1413
440.08
(2) (a) 41p. Locksmith, apprentice: May 1 of each even-numbered year;
14$41.
AB939, s. 5
15Section
5. 440.08 (2) (a) 41t. of the statutes is created to read:
AB939,3,1716
440.08
(2) (a) 41t. Locksmith, professional: May 1 of each even-numbered
17year; $41.
AB939, s. 6
18Section
6. Chapter 460 of the statutes is created to read:
AB939,3,2019
Chapter 460
20
Locksmith examining board
AB939,3,21
21460.01 Definitions. In this chapter:
AB939,4,1
1(1) "Examining board" means the locksmith examining board.
AB939,4,3
2(2) "Locksmith" means an individual who is licensed as a locksmith under s.
3460.08 (2) or (4).
AB939,4,5
4(3) "Locksmith agency" means a business entity that is licensed under s. 460.08
5(5).
AB939,4,7
6(4) "Practice of locksmithing" means servicing, installing, originating first
7keys, recoding, recombinating, manipulating or bypassing any of the following:
AB939,4,108
(a) A mechanical or electronic security device that is used to control access to
9or exit from premises, motor vehicles, safes, vaults, safe deposit boxes, automatic
10teller machines or other areas to which access is intended to be limited.
AB939,4,1211
(b) A detection device, including burglar and motor vehicle alarms and closed
12circuit television.
AB939,4,14
13(5) "Professional locksmith" means an individual who is licensed as a profes
14sional locksmith under s. 460.08 (3) or (4).
AB939,4,16
15(6) "Registered apprentice" means an individual who is registered under s.
16460.08 (1) as an apprentice locksmith.
AB939,4,20
17460.02 License or registration required. No person may engage or attempt
18to engage in the practice of locksmithing or hold himself or herself out as authorized
19to engage in the practice of locksmithing unless the person meets one of the following
20requirements:
AB939,4,21
21(1) The person is a professional locksmith.
AB939,4,24
22(2) The person is a locksmith and is an employe of a locksmith agency, if he or
23she engages in the practice of locksmithing while acting within the scope of his or her
24employment with the locksmith agency.
AB939,5,4
1(3) The person is a registered apprentice and is an employe of a locksmith
2agency, if he or she engages in the practice of locksmithing while under the supervi
3sion of a locksmith or professional locksmith and while acting within the scope of his
4or her employment with the locksmith agency.
AB939,5,8
5460.04 Exemptions. (1) Notwithstanding s. 460.02, no license or registration
6is required under this chapter for any of the following activities if the person engaged
7in the activity does not hold himself or herself out as a registered apprentice, a lock
8smith, a professional locksmith or a locksmith agency:
AB939,5,109
(a) The servicing, installing, repairing or rebuilding of motor vehicle locks by
10a motor vehicle dealer or motor vehicle mechanic.
AB939,5,1311
(b) The opening of locks in an emergency by a law enforcement officer, fire fight
12er or other municipal employe. For purposes of this subsection, "emergency" means
13a situation in which human life is in jeopardy.
AB939,5,1514
(c) The duplication of keys or sale of locks or other security devices by a retail
15or hardware store.
AB939,5,1916
(d) The installation or removal of complete locks, locking devices or access con
17trol devices by members of the building or construction trades during residential or
18commercial new construction or residential or commercial remodeling, if a building
19permit is required for the construction or remodeling and is obtained.
AB939,5,2120
(e) The opening of motor vehicle locks by the employe of a towing service or a
21motor club, if all of the following apply:
AB939,5,2222
1. The employe is acting within the scope of his or her employment.
AB939,5,2423
2. The practice of locksmithing by the employe is limited to gaining access to
24motor vehicles.
AB939,6,4
13. The employe has in effect liability insurance in the same amount as that spe
2cified in the rules promulgated under s. 460.06 (4) (a), or his or her employer has in
3effect liability insurance in the same amount as that specified in the rules promul
4gated under s. 460.06 (4) (b).
AB939,6,55
4. The employe complies with s. 460.16 (2), (2m) and (3).
AB939,6,96
(f) The opening of motor vehicle locks by a person authorized to repossess motor
7vehicles or an employe of such a person, if the person or employe is acting within the
8scope of his or her employment and the practice of locksmithing by the person or em
9ploye is limited to gaining access to motor vehicles.
AB939,6,1110
(g) The practice of locksmithing by a student in a program of locksmithing
11education approved by the examining board.
AB939,6,1312
(h) The servicing, installing, repairing or rebuilding of locks by a lock manufac
13turer or the employe of a lock manufacturer.
AB939,6,1614
(i) The servicing, installing, repairing or rebuilding of access control devices by
15an alarm installer or alarm agency or an employe of an alarm installer or alarm
16agency who is acting within the scope of his or her employment.
AB939,6,23
17(2) Notwithstanding s. 460.02 (1) and (2), a federal, state or local government
18agency, a college or university or a business establishment, industrial plant or other
19private entity, may, without being licensed as a locksmith agency, employ a locksmith
20or a registered apprentice to engage in the practice of locksmithing if the locksmith
21or registered apprentice engages in the practice of locksmithing only while acting in
22the scope of his or her employment and only when he or she is on the premises of his
23or her employer.
AB939,6,24
24460.06 Duties of board. The examining board shall do all of the following:
AB939,7,4
1(1) Promulgate rules establishing a method for examining an applicant for a
2license or registration under s. 460.08 that satisfies the requirements under s. 460.10
3and that will ascertain the fitness and qualifications of the applicant. The examina
4tion may consist of a written examination only.
AB939,7,8
5(2) Conduct examinations that satisfy the requirements of the rules promul
6gated under sub. (1) or accept results of examinations conducted by other agencies
7or organizations that satisfy the requirements of the rules promulgated under sub.
8(1).
AB939,7,12
9(3) Establish a standard application form for use by applicants for registration
10or licensure under s. 460.08. The form shall require the applicant to provide identifi
11cation information that is necessary to permit the examining board to conduct a state
12and federal criminal history record search.
AB939,7,13
13(4) Promulgate rules establishing all of the following:
AB939,7,1514
(a) The minimum amount of liability insurance that a professional locksmith
15shall have in effect to practice as a professional locksmith.
AB939,7,1716
(b) The minimum amount of liability insurance that a locksmith agency shall
17have in effect to operate as a locksmith agency.
AB939,7,2018
(c) Continuing education requirements that a person licensed or registered un
19der this chapter must satisfy to be eligible for renewal of his or her license or registra
20tion.
AB939,7,2221
(d) A code of ethics governing the practice of locksmithing by all persons li
22censed or registered under this chapter.
AB939,7,25
23(5) Provide a unique registration number to each apprentice locksmith regis
24tered under this chapter and a unique license number to each locksmith, professional
25locksmith and locksmith agency licensed under this chapter.
AB939,8,1
1(6) Promulgate rules necessary to administer this chapter.
AB939,8,4
2460.08 Licensure; registration. (1)
Apprentice locksmiths. The examining
3board shall register an individual as a locksmith apprentice if the individual does all
4of the following:
AB939,8,65
(a) Submits an application to the examining board on a form prescribed by the
6examining board.
AB939,8,77
(b) Pays the fee specified in s. 440.05 (6).
AB939,8,98
(c) Submits evidence satisfactory to the examining board that he or she is a citi
9zen of the United States or is an alien lawfully admitted for permanent residence.
AB939,8,1210
(d) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory
11to the examining board that he or she has not been arrested for or convicted of a crime
12during the 5-year period immediately preceding the date of his or her application.
AB939,8,1513
(e) Submits evidence satisfactory to the examining board that he or she has not
14had a locksmith license, a professional locksmith license or a locksmith agency li
15cense denied, suspended or revoked.