75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2395
B-Engrossed
House Bill 3127
Ordered by the House June 23
Including House Amendments dated May 4 and June 23
Sponsored by COMMITTEE ON BUSINESS AND LABOR
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires person performing locksmithing services to be
certified by Construction Contractors Board. Creates exceptions.
Requires business offering locksmithing services to be licensed
by board and to provide services through employee certified by
board. { + Prohibits person from using certain titles that
indicate or tend to indicate certification or licensure.
Prohibits person from using sign, card or device that indicates
or tends to indicate certification or licensure. + }
Specifies duties of board. Allows board to suspend or revoke
locksmith certificate for failure to comply with continuing
education requirement or violation of certain board rules.
Requires board to implement certification process by January 1,
2010. Applies to person or business providing locksmithing
services on or after July 1, 2010.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to locksmithing; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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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