75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 3127
 
LC 2395/HB 3127-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3127
 
               By COMMITTEE ON BUSINESS AND LABOR
 
                              May 4
 
  On page 1 of the printed bill, line 2, after 'locksmithing '
insert '; and declaring an emergency'.
  Delete lines 4 through 28 and delete pages 2 through 6 and
insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2009 Act is added
to and made a part of ORS chapter 701. + }
  '  { +  SECTION 2. + }  { + (1) As used in this section:
  ' (a) 'Key' means a mechanical, electromechanical, electronic,
electromagnetic or other device for operating a lock.
  ' (b) 'Lock' means a mechanical, electromechanical, electronic,
electromagnetic or other device that is designed to control
access from one area to another or control the use of a device in
a structure or vehicle.
  ' (c) 'Locksmith' means a person who services, installs,
repairs, rebuilds, rekeys, repins or adjusts locks, hardware
peripheral to locks, safes, vaults, safe deposit boxes or
mechanical or electronic security systems.
  ' (2) An individual may not undertake, offer to undertake or
submit a bid to do work as a locksmith for compensation, or with
the expectation to be compensated, unless the individual is
certified as a locksmith under this section by the Construction
Contractors Board and is an owner of, or employed by, a business
that is licensed by the board.
  ' (3) A business may not undertake, offer to undertake or
submit a bid to provide locksmith services unless the business is
licensed by the board under this chapter and has an owner or an
employee who is certified as a locksmith under this section.
  ' (4) The board shall adopt rules establishing minimum
standards of practice and professional conduct for locksmiths and
businesses that provide locksmith services.
  ' (5) The board shall require that an applicant for
certification as a locksmith pass a test demonstrating the
competency of the applicant to act as a locksmith.
  ' (6) The board may adopt rules to regulate the practice of
locksmithing, including but not limited to rules:
  ' (a) Accepting the results of competency testing by a
nationally recognized certification program for locksmiths;
  ' (b) Establishing requirements for the issuance or renewal of
a locksmith certificate, including but not limited to training
and continuing education requirements;
  ' (c) Establishing standards of professional conduct for
certified locksmiths; and
  ' (d) Establishing fees necessary for the administration of
this section that do not exceed the following amounts:
  ' (A) $100 for application.
  ' (B) $100 for testing.
  ' (C) $300 for issuance of an initial two-year certificate.
  ' (D) $300 for renewal of a two-year certificate.
  ' (7) The board shall adopt rules establishing procedures for
the issuance, renewal and revocation of a locksmith certificate.
  ' (8) The board may suspend or revoke a locksmith certificate
if the locksmith:
  ' (a) Fails to comply with a continuing education requirement
established by the board; or
  ' (b) Violates a standard of professional conduct for certified
locksmiths established by board rule.
  ' (9) Subsections (1) to (8) of this section do not apply to:
  ' (a) A person offering key duplication services at a fixed
location or ancillary to other business activities, if the person
does not undertake, offer to undertake or submit a bid to
undertake other locksmith services;
  ' (b) An individual performing work within the scope of a
license described in ORS 479.905 to 479.945;
  ' (c) A tow truck operator performing work for a towing
business certified under ORS 822.205; or
  ' (d) An individual installing a new door, window or other
article with a locking mechanism that is manufactured and sold as
a unit for installation in a structure, if the individual is
acting within the scope of employment with a person licensed
under this chapter. + }
  '  { +  SECTION 3. + }  { + (1) The locksmith certification
requirement established under section 2 of this 2009 Act applies
to locksmith work performed on or after July 1, 2010. The
requirement established in section 2 of this 2009 Act that a
business providing locksmithing services have an owner or
employee who is a certified locksmith becomes operative July 1,
2010.
  ' (2) The Construction Contractors Board shall make
certification as a locksmith available for qualified applicants
no later than January 1, 2010. + }
  '  { +  SECTION 4. + }  { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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