AB939: Bill Text

AB939,15,14 (c) A recent photograph of the individual.

AB939,15,15 (d) The signature of the individual.

AB939,15,17 (e) The name and license number of the locksmith agency employing the indi vidual, if applicable.

AB939,15,19 (f) The signature of the locksmith responsible for the operation of the agency under par. (e).

AB939,15,20 (g) The date the identification card was issued.

AB939,15,21 (h) The number of the identification card.

AB939,15,24 (3) An individual who terminates his or her employment with a locksmith agency shall notify the examining board and return his or her identification card to the examining board for updating and reissuance.

AB939,16,2 (4) The examining board may charge a fee for issuing an identification card un der this section.

AB939,16,8 460.14 License and registration renewal; inactive status. (1) Renewal applications shall be submitted to the department on a form provided by the depart ment on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee specified under s. 440.08 (2) (a) and proof of completion of continuing education required by the rules promulgated under s. 460.06 (4) (c).

AB939,16,11 (2) (a) A locksmith, professional locksmith or locksmith agency may apply to the examining board for registration as an inactive licensee on or before the license renewal date.

AB939,16,15 (b) Unless the person's license has been revoked or suspended under s. 460.22, the examining board may register a locksmith, professional locksmith or locksmith agency as an inactive licensee upon application for inactive status and payment of a fee set by the examining board.

AB939,16,16 (c) An inactive licensee may not engage in the practice of locksmithing.

AB939,16,23 (d) A person may be registered as an inactive licensee under this subsection for not more than 6 years from the date that his or her inactive license status becomes effective. Upon application during the 6-year period and payment of the applicable renewal fee under s. 440.08 (2) (a), the examining board shall reinstate an inactive licensee's original license. After the 6-year period, the examining board may rein state the inactive licensee's original license in accordance with the requirements for late renewal under s. 440.08 (3) (b).

AB939,17,8 (3) Notwithstanding s. 440.08 (3), if a locksmith license, professional locksmith license or locksmith agency license issued under this chapter expires while the indi vidual who was granted the license is serving on active duty in the U.S. armed forces or was engaged in training or education preliminary to serving in the U.S. armed forces, the examining board may renew the individual's license without requiring the individual to pay a late renewal fee if, within 2 years after termination of his or her active duty, training or education the individual submits evidence satisfactory to the examining board that he or she was serving on active duty in the U.S. armed forces or was engaged in training or education preliminary to serving in the U.S. armed forces and that the active duty or training or education has been terminated.

AB939,17,12 460.15 Liability insurance. Every professional locksmith and locksmith agency shall annually submit to the examining board evidence satisfactory to the ex amining board that he or she has in effect liability insurance of the type and in the amounts required by the rules promulgated under s. 460.06 (4) (a) and (b).

AB939,17,17 460.16 Customer identification. (1) An apprentice locksmith, locksmith or professional locksmith who opens for another person a residence or commercial es tablishment or safe, vault, safe deposit box, automatic teller machine or other device for safeguarding an area where access is intended to be limited shall document the work performed by recording on a work order form all of the following information:

AB939,17,18 (a) The name of the person for whom the work was performed.

AB939,17,19 (b) The address of the person for whom the work was performed.

AB939,17,20 (c) The telephone number of the person for whom the work was performed.

AB939,17,22 (e) The driver's license number or other identification of the person for whom the work was performed.

AB939,17,23 (f) The signature of the person for whom the work was performed.

AB939,17,24 (g) The location, including street address, where the work was performed.

AB939,18,2 (h) The name and license or registration number of the apprentice locksmith, locksmith or professional locksmith who performed the work.

AB939,18,7 (2) An apprentice locksmith, locksmith, professional locksmith or person act ing under s. 460.04 (1) (e) who opens a motor vehicle for another shall document the work performed by fully completing a work order form that contains space for the ap prentice locksmith, locksmith, professional locksmith or person acting under s. 460.04 (1) (e) to record all or as much as is practicable of the following information:

AB939,18,8 (a) The name of the person for whom the work was performed.

AB939,18,9 (b) The address of the person for whom the work was performed.

AB939,18,10 (c) The telephone number of the person for whom the work was performed.

AB939,18,11 (d) The date of birth of the person for whom the work was performed.

AB939,18,12 (e) The driver's license number of the person for whom the work was performed.

AB939,18,14 (f) The vehicle identification number or registration number of the vehicle on which the work was performed.

AB939,18,15 (g) The signature of the person for whom the work was performed.

AB939,18,17 (h) The name and license or registration number of the apprentice locksmith, locksmith or professional locksmith who performed the work.

AB939,18,19 (2m) A work order form used under sub. (1) or (2) shall include all of the follow ing:

AB939,18,21 (a) A statement that the customer has the authority to request the work being performed.

AB939,18,24 (b) A statement that the customer authorizes the apprentice locksmith, lock smith, professional locksmith or person acting under s. 460.04 (1) (e) to perform the work.

AB939,19,3 (c) A statement that, by signing the work order form, the customer acknowl edges that he or she has read and understands the statements specified in pars. (a) and (b).

AB939,19,6 (3) A professional locksmith, locksmith agency or person acting under s. 460.04 (1) (e) shall keep a copy of a work order completed under sub. (1) or (2) for a period of 2 years after the date on which the work was performed.

AB939,19,10 460.18 Locksmith tools and equipment. (1) No person may own or possess, or attempt to own or possess, locksmithing tools specifically designed to compromise or bypass locks, safe-opening tools or code books unless he or she is a registered ap prentice, a locksmith, a professional locksmith or a locksmith agency.

AB939,19,15 (2) Subsection (1) 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 repossess motor vehicles or, if he or she is acting within the scope of his or her employment, by an employe of a towing service, motor club or per son authorized to repossess motor vehicles.

AB939,19,23 460.20 Advertising. A person licensed as a professional locksmith or a lock smith agency under this chapter may advertise his or her locksmithing services in the public media or on the premises where the locksmithing services are rendered as permitted by law and by rules promulgated by the examining board. All advertise ments published in any medium shall include, in the case of an advertisement for a professional locksmith, the license number of the professional locksmith, or, in the case of an advertisement for a locksmith agency, the license number of the locksmith agency.

AB939,20,2 460.22 Disciplinary proceedings and actions. (1) Subject to the rules pro mulgated under s. 440.03 (1), the examining board may make investigations and con duct hearings to determine whether a violation of this chapter or any rule promul gated under this chapter has occurred.

AB939,20,8 (2) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a registered apprentice, locksmith, professional locksmith or lock smith agency or may deny, limit, suspend or revoke a registration or license granted under this chapter if it finds that the applicant for a registration or license or a regis tered apprentice, locksmith, professional locksmith or locksmith agency has done any of the following:

AB939,20,10 (a) Made a material misstatement in an application for a registration or license or for renewal of a registration or a license.

AB939,20,12 (b) Subject to ss. 111.321, 111.322 and 111.34, engaged in the practice of lock smithing while his or her ability to practice was impaired by alcohol or other drugs.

AB939,20,13 (c) Advertised in a manner that is false, deceptive or misleading.

AB939,20,14 (d) Subject to ss. 111.321, 111.322 and 111.335, been convicted of a crime.

AB939,20,15 (e) Advertised, practiced or attempted to practice under another's name.

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)