75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
HA to A-Eng. HB 3127
LC 2395/HB 3127-A8
HOUSE AMENDMENTS TO
A-ENGROSSED HOUSE BILL 3127
By JOINT COMMITTEE ON WAYS AND MEANS
June 23
On page 1 of the printed A-engrossed bill, delete lines 4
through 22 and delete page 2 and insert:
' { + SECTION 1. + } { + Sections 2 to 5 of this 2009 Act
are added to and made a part of ORS chapter 701. + }
' { + SECTION 2. + } { + As used in sections 2 to 5 of this
2009 Act:
' (1) 'Key' means a mechanical, electromechanical, electronic,
electromagnetic or other device for operating a lock.
' (2) '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.
' (3) '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. + }
' { + SECTION 3. + } { + (1) 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 section 4 of this 2009 Act by the Construction Contractors
Board and is an owner of, or employed by, a business that is
licensed by the board.
' (2) 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 section 4 of this
2009 Act.
' (3) A person may not use the title of locksmith, locksmith
professional, commercial locksmith, lock installer or any title
using a form of the word 'locksmith' that indicates or tends to
indicate that the person is a locksmith or provider of locksmith
services unless the person is certified as a locksmith by the
board or is a business licensed by the board that has an owner or
employee who is certified by the board as a locksmith.
' (4) A person may not use any sign, card or device that
indicates or tends to indicate that the person is a locksmith or
provider of locksmith services unless the person is certified as
a locksmith by the board or is a business licensed by the board
that has an owner or employee who is certified by the board as a
locksmith. + }
' { + SECTION 4. + } { + (1) The Construction Contractors
Board shall adopt rules establishing minimum standards of
practice and professional conduct for locksmiths and businesses
that provide locksmith services.
' (2) 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.
' (3) 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
sections 2 to 5 of this 2009 Act 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.
' (4) The board shall adopt rules establishing procedures for
the issuance, renewal and revocation of a locksmith certificate.
' (5) 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. + }
' { + SECTION 5. + } { + Sections 3 and 4 of this 2009 Act
do not apply to:
' (1) 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;
' (2) An individual performing work within the scope of a
license described in ORS 479.905 to 479.945;
' (3) A tow truck operator performing work for a towing
business certified under ORS 822.205;
' (4) A construction contractor licensed under this chapter or
an owner, officer or employee of the licensed construction
contractor, when acting within the scope of the contractor's
license, if the contractor, owner, officer or employee does not
hold out as a provider of locksmith services;
' (5) Work performed by a manufacturer on a manufactured
structure, modular building or structure or prefabricated
structure that is or was produced by the manufacturer;
' (6) A property owner or regular employee of the property
owner, when performing work on the property;
' (7) A property management company or the regular employee of
a property management company, when performing work on the
managed property;
' (8) A real estate property manager as defined in ORS 696.010,
or the employee of a property manager, performing work in the
course of managing rental real estate;
' (9) A landlord or landlord's agent, both as defined in ORS
90.100;
' (10) A manufacturer of locks; or
' (11) A person performing work as the representative of a
manufacturer, wholesaler, distributor or retailer of locks. + }
' { + SECTION 6. + } { + (1) The locksmith certification
requirement established under section 3 of this 2009 Act applies
to locksmith work performed on or after July 1, 2010. The
requirement established under section 3 of this 2009 Act that a
business providing locksmith services have an owner or an
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 7. + } { + 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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