Enacts the locksmith licensing act of 2012

BILL NUMBER:S6370

Title of bill

An act to amend the general business law, in relation to enacting the locksmith licensing act of 2012

Purpose or general idea of bill

To ensure that qualified locksmiths and locksmith applicants follow a specific set of rules and regulations that will protect consumers and enhance quality of service

Summary of specific provisions

Section 1. Subdivision 2 of section 69 of the general business law is amended by adding a new article 6-E:

Section 69-cc- A locksmith advisory board consisting of seven people (three locksmiths, three "citizen members", and one law enforcement representative) would be created to advise the Department of State and Division of Criminal Justice Services and shall make recommendations for regulations to the Secretary of State.

Section 69-dd- The Department of State shall promulgate regulations and standards for the training and licensing of locksmiths. Locksmith competency standards and any changes shall be established after a public hearing and the department is authorized to evaluate the competency of applicants for locksmith licenses. Waiver of examination is applicable; if one does not qualify for a license the person shall serve an apprenticeship under a licensed locksmith for two years

Section 69-ee-Prohibited activities including but not limited to: No person shall act as, or offer to act as, a locksmith unless he or she has a license that has not been suspended, expired, or revoked.

Section 69-ff- Criminal penalties includes but is not limited to any person engaging-in unlawful acts enumerated in section 69-ee shall be guilty of a misdemeanor. Any second or subsequent violation shall constitute a class E felony

Section 69-gg-Civil penalty includes but is not limited to any person licensed by the department who knowingly violates any statue or regulation who is not criminally prosecuted shall be subject to a monetary penalty

Section 69-hh- Licensure includes but is not limited to: The Secretary of State or his or her designee shall be authorized to issue locksmith licenses to all qualified individuals in accordance with regulations established by the department. The department shall

conduct a criminal background check on all applicants for licensure. Term of each license shall be no longer than two years.

Justification

Locksmiths operate in the public trust to secure and protect property and have the knowledge and tools to bypass or neutralize security devices. Existing laws and regulations do not adequately protect citizens from the unscrupulous use and abuse of the tools and knowledge of the locksmith profession by the untrained person or from those who have criminal intent. In addition, disreputable locksmiths and those who falsely represent themselves to be locksmiths have a negative effect on the business of honest, hardworking locksmiths by generating public ill will towards the profession as a whole. In order to protect both reputable locksmiths and the public of this state from the abuse and misuse of locksmith supplies, manuals, or equipment, locksmiths should be licensed and regulated by this state.

Prior legislative history

New Bill.

Fiscal implications

Unknown.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however, that effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.