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
House Bill 3127
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 as
introduced.
Establishes Board of Locksmiths within Construction Contractors
Board. Requires person performing locksmithing services to be
licensed by board. Requires business offering locksmithing
services to provide services through employee licensed by board.
Imposes information and record keeping requirements. Imposes
information gathering requirement on locksmiths opening building
or vehicle for person. Prohibits sale of locksmithing tools other
than to locksmith or business employing locksmith. Prohibits
duplicating certain keys.
Makes violations of statutes or board rules subject to civil
penalty, not to exceed $10,000.
A BILL FOR AN ACT
Relating to locksmithing.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 21 of this 2009 Act:
(1) 'Lock' means any mechanical, electromechanical, electronic
or electromagnetic device or similar device, including any
peripheral hardware, that is designed to control access from one
area to another or that is designed to control the use of a
device that could be used in a commercial, residential or
automotive application.
(2) 'Locksmith' means a person who provides locksmithing
services.
(3) 'Locksmithing services' means:
(a) Servicing, repairing, rebuilding, rekeying, repinning,
adjusting or installing locks, mechanical or electronic security
devices, safes or vaults; and
(b) Operating a lock, mechanical or electrical security device,
safe or vault by a means other than those intended by the
manufacturer of the locking or security device, safe or vault.
(4) 'Locksmithing tool' means:
(a) Any tool for the purpose of opening, bypassing, altering,
modifying, rebuilding, servicing, rekeying or repairing locks;
and
(b) Lock picks or other devices for bypassing locks by a means
other than normal operation. + }
SECTION 2. { + (1) There is established within the
Construction Contractors Board a Board of Locksmiths. The board
shall consist of nine members appointed by the Governor.
(2) The term of office of each board member is three years, but
a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor whose term begins on July 1 next following. A member is
eligible for reappointment. If there is a vacancy for any cause,
the Governor shall make an appointment to become immediately
effective for the unexpired term.
(3) The appointment of a board member is subject to
confirmation by the Senate in the manner prescribed in ORS
171.562 and 171.565.
(4) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495. + }
SECTION 3. { + All members of the Board of Locksmiths must be
residents of this state. In making appointments to the board, the
Governor shall give consideration to the geographic diversity of
appointees. Six members of the board shall be members of the
locksmithing profession. A locksmith member must have five or
more years of experience as a locksmith and be actively engaged
in the profession of locksmithing. Three members of the board
shall be public members who are not by training or experience
locksmiths, are not a spouse, parent, child or sibling of a
locksmith and do not have a direct or indirect financial
interest, except as a consumer, in the locksmithing
profession. + }
SECTION 4. { + (1) The Board of Locksmiths shall select one of
its members as chairperson and another as vice chairperson, for
such terms and with duties and powers necessary for the
performance of the functions of such offices as the board
determines.
(2) A majority of the members of the board constitutes a quorum
for the transaction of business.
(3) The board shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the
board.
(4) The board may appoint a director to serve at the pleasure
of the board. + }
SECTION 5. { + In accordance with applicable provisions of ORS
chapter 183, the Board of Locksmiths may adopt rules for carrying
out the duties, functions and powers of the board, including but
not limited to rules for the following:
(1) Standards for the licensing of locksmiths.
(2) Approval of apprenticeship programs. An approved
apprenticeship program must be at least two years in length and
provide at least 64 hours of classroom time per year.
(3) Examining applicants for licenses issued by the board.
(4) Standards of professional conduct for persons licensed by
the board.
(5) The renewal, revocation or suspension of, or refusal to
renew, licenses.
(6) Establishing fees and charges for services provided by the
board. The fees and charges established by the board are subject
to the prior approval of the Oregon Department of Administrative
Services and, if their adoption occurs between regular sessions
of the Legislative Assembly, a report to the Emergency Board. The
fees and charges may not exceed the cost of administering the
regulatory program pertaining to the purpose for which the fee or
charge is established, as authorized by the Legislative Assembly
within the Board of Locksmiths' budget, as that budget may be
modified by the Emergency Board. + }
SECTION 6. { + The Board of Locksmiths, the director appointed
by the board and authorized representatives of the board may
administer oaths, take depositions and issue subpoenas to compel
the attendance of witnesses and the production of documents or
other written information necessary to carry out the provisions
of sections 1 to 21 of this 2009 Act. If any person fails to
comply with a subpoena issued under this section or refuses to
testify on matters on which the person lawfully may be
interrogated, the procedure set out in ORS 183.440 shall be
followed to compel obedience. + }
SECTION 7. { + (1) The Board of Locksmiths may establish such
advisory and technical committees as the board considers
necessary to aid and advise the board in the performance of board
functions. These committees may be continuing or temporary
committees. The board shall determine the representation,
membership, terms and organization of the committees and shall
appoint their members.
(2) Members of the committees are not entitled to compensation,
but at the discretion of the board may be reimbursed from funds
available to the board for actual and necessary travel and other
expenses incurred by the members in the performance of their
official duties, in the manner and amount provided in ORS
292.495. + }
SECTION 8. { + (1) A person may not operate as a locksmith in
this state without a valid locksmith license issued under section
11 of this 2009 Act. The prohibition in this subsection includes,
but is not limited to:
(a) Using 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; and
(b) Using any sign, card or device that indicates or tends to
indicate that the person is a locksmith.
(2) It is prima facie evidence that a person is operating as a
locksmith if the person possesses locksmithing tools,
safe-opening tools, key-code books, locksmith software or
locksmith instructional videos. + }
SECTION 9. { + Section 8 of this 2009 Act does not apply to:
(1) Members of police departments, fire departments or other
government agencies acting within the scope of their official
duties;
(2) Sales representatives making sales demonstrations to
locksmiths;
(3) An owner of real property installing, repairing or
replacing a lock to secure that real property;
(4) A person possessing or operating a key duplication machine
or key blanks;
(5) An automotive service dealer, lock manufacturer or
manufacturer agent when servicing, installing, repairing or
rebuilding an automotive lock;
(6) A person installing locks or locking devices as part of a
construction, remodel or repair of a building for which a
building permit has been issued; or
(7) A locksmith apprentice acting within the scope of an
apprentice license issued under section 12 of this 2009 Act. + }
SECTION 10. { + For purposes of requesting a state or
nationwide criminal records check under ORS 181.534, the Board of
Locksmiths may require the fingerprints of a person who:
(1) Is applying for a license that is issued by the board;
(2) Is applying for renewal of a license issued by the board;
(3) Is under investigation by the board;
(4) Is applying for employment by the board; or
(5) Will be providing services to the board that will give the
person access to information or records of the board regarding
board licensees. + }
SECTION 11. { + (1) An applicant for licensing by the Board of
Locksmiths must submit an application on a form approved by the
board and pay any application fee established by the board. The
board shall issue a locksmith license to an applicant who:
(a) Has successfully completed an apprenticeship program
approved by the board;
(b) Passes an examination approved by the board;
(c) Provides evidence satisfactory to the board that the
applicant is of good moral character;
(d) Shows proof that the person has complied with any insurance
and bonding requirements established by the board;
(e) Pays any licensing fee adopted by the board; and
(f) Meets any other qualifications for licensure established by
board rule.
(2) Notwithstanding subsection (1) of this section, the board
may license without examination or proof of apprenticeship a
person that holds a locksmith license from another state with
which reciprocity has been established by the board.
(3) A locksmith license is valid for two years from the date of
issuance unless revoked or suspended. A license may be renewed as
provided by board rule. + }
SECTION 12. { + (1) Upon compliance with section 11 of this
2009 Act, the Board of Locksmiths may issue a person a general
locksmith license or limited locksmith license. A general license
allows a person to perform all types of locksmithing services. A
limited license allows a person to perform locksmithing only of
the type for which the license is endorsed.
(2) The types of locksmithing for which a limited license
endorsement is available are residential, commercial, safe and
automotive. A residential endorsement allows a person to perform
locksmithing only on single family dwellings. A commercial
endorsement allows a person to perform locksmithing services on
single family or multifamily dwellings and commercial, industrial
and institutional structures. A safe endorsement allows a person
to practice locksmithing on safes, vaults and other security
containers. An automotive endorsement allows a person to perform
locksmithing services on motor vehicles.
(3) The board may issue a locksmith apprentice license to a
person enrolled in a board-approved locksmith apprenticeship
program. A locksmith apprentice license allows the person to
engage in locksmithing services under the supervision of a person
holding a general locksmith license. + }
SECTION 13. { + (1) The Board of Locksmiths shall adopt rules
establishing continuing education requirements for locksmiths.
The board may not require a locksmith to take more than 16 hours
of continuing education every two years.
(2) The board may approve programs for purposes of continuing
education for locksmiths and determine the number of hours to be
credited to the programs. The board shall ensure that continuing
education opportunities for locksmiths are readily available.
(3) Programs approved by the board for continuing education
purposes must be designed to directly contribute to the
professional competency of locksmiths.
(4) The board may adopt rules establishing grounds for
obtaining a waiver of the continuing education requirements due
to military service, retirement, disability, absence from the
state, inactive status or extreme hardship. + }
SECTION 14. { + The Board of Locksmiths may revoke, suspend or
refuse to renew a license issued by the board, and may impose a
civil penalty under section 22 of this 2009 Act, if the licensee:
(1) Makes a material misrepresentation in an application for
licensure;
(2) Refuses to make available or provide copies of records or
information to a peace officer or the board;
(3) Commits an act indicating the person is unfit to hold a
license as a locksmith;
(4) Violates the professional standards established for
locksmiths by board rule; or
(5) Performs locksmithing services that are outside the scope
of the license held by the person. + }
SECTION 15. { + The Board of Locksmiths shall maintain a list
of the names and addresses of all locksmiths licensed under
section 11 of this 2009 Act. The board shall make the list
available to the public by Internet or, upon request and payment
of a fee established by the board, by mail. + }
SECTION 16. { + (1) A person licensed by the Board of
Locksmiths must wear and visibly display an identification badge
indicating the person's status as a licensed locksmith while
performing work for which licensure is required. The board shall
specify the size and content of the identification badge and
establish other specifications as the board deems appropriate.
The badge must include a photograph of the licensee.
(2) A locksmith shall notify the board of any change of address
while licensed and during the 12-month period following the date
the locksmith's license expires or otherwise becomes inactive.
The locksmith shall notify the board within 10 days of the date
upon which the change of address occurs. Notices directed by the
board to the last-known address of record shall be considered
delivered when deposited in the United States mail to the
last-known address of record.
(3) If a locksmith performs locksmithing services at a regular
place of business, the locksmith shall display a license
certificate issued by the board at the normal place of business
in a location where the certificate is easily readable by the
general public.
(4) A locksmith shall display the license number of the
locksmith in any advertising by the locksmith. A business
employing not more than three locksmiths shall display the
license numbers for the locksmiths in any advertising of
locksmithing services by the business. + }
SECTION 17. { + (1) A business may not provide locksmithing
services unless the individual performing the services has a
valid locksmith license issued under section 11 of this 2009 Act.
If a business offering locksmithing services hires or terminates
a locksmith, no later than 10 days after the hiring or
termination the business shall inform the Board of Locksmiths of
the hiring or termination. The business shall retain a copy of
any information provided to the board under this section for at
least 24 months.
(2) A business offering locksmithing services shall maintain a
record of each locksmith employed by the business that contains
the following:
(a) A photograph of the locksmith that is not more than three
years old.
(b) A record of all board-approved continuing education
attended by the employee together with the dates of attendance.
(3) The business shall allow the board complete access to the
information and records described in this section during normal
business hours and shall provide copies to the board upon
request. + }
SECTION 18. { + A person who engages in performing or
providing locksmithing services may not maintain any suit or
action in the courts of this state arising out of the performance
of locksmithing services unless the person proves that the
services were performed by a person acting within the scope of a
license issued by the Board of Locksmiths. + }
SECTION 19. { + (1) A locksmith who opens any residential or
commercial building for another person, whether or not for
compensation, shall make a reasonable attempt to obtain correct
information regarding the street address of the building and the
signature of the person for whom the building was opened on a
work order form. The locksmith shall also obtain the name,
address and telephone number of the person and indicate the
nature of any identification presented to the locksmith to verify
all or part of that information.
(2) A locksmith who opens a motor vehicle for another person,
whether or not for compensation, shall make a reasonable attempt
to obtain correct information regarding the registration or
identification number of the vehicle and the signature of the
person for whom the vehicle was opened on a work order form. The
locksmith shall also obtain the name, address and telephone
number of the person and indicate the nature of any
identification presented to the locksmith to verify all or part
of that information.
(3) A locksmith shall retain a copy of each work order required
under this section for at least one year. The work order must
include the name and license number of the locksmith performing
the service. A locksmith shall make the work order available for
inspection by any peace officer or the Board of Locksmiths during
business hours and shall provide copies of the work order to the
peace officer or board upon request. + }
SECTION 20. { + A person may not duplicate a key if the key is
clearly marked with an instruction that the key is not to be
duplicated or that duplication is unlawful. + }
SECTION 21. { + A person may not sell locksmithing tools
within this state to a person other than a locksmith licensed by
any state or a business employing a locksmith licensed by any
state. + }
SECTION 22. { + The Board of Locksmiths may impose a civil
penalty, not to exceed $10,000, on a person who:
(1) Violates section 8, 16, 17, 19, 20 or 21 of this 2009 Act
or any rule of the board; or
(2) Commits an act described in section 14 of this 2009
Act. + }
SECTION 23. { + Notwithstanding the term of office specified
by section 2 of this 2009 Act, of the members first appointed to
the Board of Locksmiths:
(1) Three shall serve for a term ending June 30, 2011.
(2) Three shall serve for a term ending June 30, 2012.
(3) Three shall serve for a term ending June 30, 2013. + }
SECTION 24. { + (1) The Board of Locksmiths shall adopt rules
and establish licensing procedures in time to make locksmith
licenses available no later than July 1, 2010.
(2) Notwithstanding section 11 of this 2009 Act, a person
applying on or before July 1, 2012, for a locksmith license is
not required to have completed a board-approved apprenticeship
program. The board may, however, require the person to
demonstrate education, experience and practical skills that
qualify the person for licensure.
(3) Sections 8, 16 to 19 and 21 of this 2009 Act become
operative January 1, 2011. + }
----------