AB939: Bill Text

1995 Assembly BILL 939

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 An Act to create 15.405 (18), 440.08 (2) (a) 41d., 440.08 (2) (a) 41h., 440.08 (2) (a) 41p., 440.08 (2) (a) 41t. and chapter 460 of the statutes; relating to: the reg ulation of locksmiths, creating a locksmith examining board, granting rule- making 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 Section 1. 15.405 (18) of the statutes is created to read:

AB939,3,7 15.405 (18) Locksmith examining board. There is created a locksmith examin ing board in the department of regulation and licensing. The examining board shall consist of 5 members, appointed for 3-year terms. Three members shall be licensed as professional locksmiths under ch. 460. Two members shall be public members. No public member of the examining board may be connected to or have any financial interest in a locksmith agency.

AB939, s. 2 Section 2. 440.08 (2) (a) 41d. of the statutes is created to read:

AB939,3,9 440.08 (2) (a) 41d. Locksmith: May 1 of each even-numbered year; $41.

AB939, s. 3 Section 3. 440.08 (2) (a) 41h. of the statutes is created to read:

AB939,3,11 440.08 (2) (a) 41h. Locksmith agency: May 1 of each even-numbered year; $41.

AB939, s. 4 Section 4. 440.08 (2) (a) 41p. of the statutes is created to read:

AB939,3,14 440.08 (2) (a) 41p. Locksmith, apprentice: May 1 of each even-numbered year; $41.

AB939, s. 5 Section 5. 440.08 (2) (a) 41t. of the statutes is created to read:

AB939,3,17 440.08 (2) (a) 41t. Locksmith, professional: May 1 of each even-numbered year; $41.

AB939, s. 6 Section 6. Chapter 460 of the statutes is created to read:

AB939,3,20 Chapter 460 Locksmith examining board

AB939,3,21 460.01 Definitions. In this chapter:

AB939,4,1 (1) "Examining board" means the locksmith examining board.

AB939,4,3 (2) "Locksmith" means an individual who is licensed as a locksmith under s. 460.08 (2) or (4).

AB939,4,5 (3) "Locksmith agency" means a business entity that is licensed under s. 460.08 (5).

AB939,4,7 (4) "Practice of locksmithing" means servicing, installing, originating first keys, recoding, recombinating, manipulating or bypassing any of the following:

AB939,4,10 (a) A mechanical or electronic security device that is used to control access to or exit from premises, motor vehicles, safes, vaults, safe deposit boxes, automatic teller machines or other areas to which access is intended to be limited.

AB939,4,12 (b) A detection device, including burglar and motor vehicle alarms and closed circuit television.

AB939,4,14 (5) "Professional locksmith" means an individual who is licensed as a profes sional locksmith under s. 460.08 (3) or (4).

AB939,4,16 (6) "Registered apprentice" means an individual who is registered under s. 460.08 (1) as an apprentice locksmith.

AB939,4,20 460.02 License or registration required. No person may engage or attempt to engage in the practice of locksmithing or hold himself or herself out as authorized to engage in the practice of locksmithing unless the person meets one of the following requirements:

AB939,4,21 (1) The person is a professional locksmith.

AB939,4,24 (2) The person is a locksmith and is an employe of a locksmith agency, if he or she engages in the practice of locksmithing while acting within the scope of his or her employment with the locksmith agency.

AB939,5,4 (3) The person is a registered apprentice and is an employe of a locksmith agency, if he or she engages in the practice of locksmithing while under the supervi sion of a locksmith or professional locksmith and while acting within the scope of his or her employment with the locksmith agency.

AB939,5,8 460.04 Exemptions. (1) Notwithstanding s. 460.02, no license or registration is required under this chapter for any of the following activities if the person engaged in the activity does not hold himself or herself out as a registered apprentice, a lock smith, a professional locksmith or a locksmith agency:

AB939,5,10 (a) The servicing, installing, repairing or rebuilding of motor vehicle locks by a motor vehicle dealer or motor vehicle mechanic.

AB939,5,13 (b) The opening of locks in an emergency by a law enforcement officer, fire fight er or other municipal employe. For purposes of this subsection, "emergency" means a situation in which human life is in jeopardy.

AB939,5,15 (c) The duplication of keys or sale of locks or other security devices by a retail or hardware store.

AB939,5,19 (d) The installation or removal of complete locks, locking devices or access con trol devices by members of the building or construction trades during residential or commercial new construction or residential or commercial remodeling, if a building permit is required for the construction or remodeling and is obtained.

AB939,5,21 (e) The opening of motor vehicle locks by the employe of a towing service or a motor club, if all of the following apply:

AB939,5,22 1. The employe is acting within the scope of his or her employment.

AB939,5,24 2. The practice of locksmithing by the employe is limited to gaining access to motor vehicles.

AB939,6,4 3. The employe has in effect liability insurance in the same amount as that spe cified in the rules promulgated under s. 460.06 (4) (a), or his or her employer has in effect liability insurance in the same amount as that specified in the rules promul gated under s. 460.06 (4) (b).

AB939,6,5 4. The employe complies with s. 460.16 (2), (2m) and (3).

AB939,6,9 (f) The opening of motor vehicle locks by a person authorized to repossess motor vehicles or an employe of such a person, if the person or employe is acting within the scope of his or her employment and the practice of locksmithing by the person or em ploye is limited to gaining access to motor vehicles.

AB939,6,11 (g) The practice of locksmithing by a student in a program of locksmithing education approved by the examining board.

AB939,6,13 (h) The servicing, installing, repairing or rebuilding of locks by a lock manufac turer or the employe of a lock manufacturer.

AB939,6,16 (i) The servicing, installing, repairing or rebuilding of access control devices by an alarm installer or alarm agency or an employe of an alarm installer or alarm agency who is acting within the scope of his or her employment.

AB939,6,23 (2) Notwithstanding s. 460.02 (1) and (2), a federal, state or local government agency, a college or university or a business establishment, industrial plant or other private entity, may, without being licensed as a locksmith agency, employ a locksmith or a registered apprentice to engage in the practice of locksmithing if the locksmith or registered apprentice engages in the practice of locksmithing only while acting in the scope of his or her employment and only when he or she is on the premises of his or her employer.

AB939,6,24 460.06 Duties of board. The examining board shall do all of the following:

AB939,7,4 (1) Promulgate rules establishing a method for examining an applicant for a license or registration under s. 460.08 that satisfies the requirements under s. 460.10 and that will ascertain the fitness and qualifications of the applicant. The examina tion may consist of a written examination only.

AB939,7,8 (2) Conduct examinations that satisfy the requirements of the rules promul gated under sub. (1) or accept results of examinations conducted by other agencies or organizations that satisfy the requirements of the rules promulgated under sub. (1).

AB939,7,12 (3) Establish a standard application form for use by applicants for registration or licensure under s. 460.08. The form shall require the applicant to provide identifi cation information that is necessary to permit the examining board to conduct a state and federal criminal history record search.

AB939,7,13 (4) Promulgate rules establishing all of the following:

AB939,7,15 (a) The minimum amount of liability insurance that a professional locksmith shall have in effect to practice as a professional locksmith.

AB939,7,17 (b) The minimum amount of liability insurance that a locksmith agency shall have in effect to operate as a locksmith agency.

AB939,7,20 (c) Continuing education requirements that a person licensed or registered un der this chapter must satisfy to be eligible for renewal of his or her license or registra tion.

AB939,7,22 (d) A code of ethics governing the practice of locksmithing by all persons li censed or registered under this chapter.

AB939,7,25 (5) Provide a unique registration number to each apprentice locksmith regis tered under this chapter and a unique license number to each locksmith, professional locksmith and locksmith agency licensed under this chapter.

AB939,8,1 (6) Promulgate rules necessary to administer this chapter.

AB939,8,4 460.08 Licensure; registration. (1) Apprentice locksmiths. The examining board shall register an individual as a locksmith apprentice if the individual does all of the following:

AB939,8,6 (a) Submits an application to the examining board on a form prescribed by the examining board.

AB939,8,7 (b) Pays the fee specified in s. 440.05 (6).

AB939,8,9 (c) Submits evidence satisfactory to the examining board that he or she is a citi zen of the United States or is an alien lawfully admitted for permanent residence.

AB939,8,12 (d) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the examining board that he or she has not been arrested for or convicted of a crime during the 5-year period immediately preceding the date of his or her application.

AB939,8,15 (e) Submits evidence satisfactory to the examining board that he or she has not had a locksmith license, a professional locksmith license or a locksmith agency li cense denied, suspended or revoked.

AB939,8,17 (2) Locksmiths. The examining board shall grant a locksmith license to an in dividual who does all of the following:

AB939,8,19 (a) Submits an application to the examining board on a form prescribed by the examining board.

AB939,8,20 (b) Pays the fee specified in s. 440.05 (1).

AB939,8,22 (c) Submits evidence satisfactory to the examining board that he or she is a citi zen of the United States or is an alien lawfully admitted for permanent residence.

AB939,8,24 (d) Submits evidence satisfactory to the examining board that he or she is at least 18 years of age.

AB939,9,3 (e) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the examining board that he or she has not been arrested for or convicted of a crime during the 5-year period immediately preceding the date of his or her application.

AB939,9,5 (f) Submits evidence satisfactory to the examining board that he or she satisfies one of the following:

AB939,9,7 1. He or she has been registered under sub. (1) and employed as an apprentice locksmith for at least 2 years.