Session of 1998
                   
HOUSE BILL No. 2647
         
By Representative Alldritt
         
1-16
            9             AN ACT concerning locksmiths; relating to licensure and regulation
10             thereof; prohibiting certain acts and providing penalties for violations;
11             amending K.S.A. 1997 Supp. 74-7005 and repealing the existing
12             sections.
13            
14       Be it enacted by the Legislature of the State of Kansas:
15           Section 1. As used in this section:
16           (a) ``Apprentice locksmith'' means an individual who is registered in
17       a locksmith apprenticeship program that has been approved by the bu-
18       reau of apprenticeship and training of the United States department of
19       labor or a provider determined by the board to be equivalent.
20           (b) ``Apprentice locksmith license'' means a license granted to an ap-
21       prentice locksmith pursuant to this act.
22           (c) ``Board'' means the state board of technical professions.
23           (d) ``Certificate'' means a document issued by the board as proof that
24       a license has been granted pursuant to this act.
25           (e) ``Codebook'' means a compilation, in any form, of key codes.
26           (f) ``Key duplication machine'' means any device that is capable of
27       copying and reproducing keys.
28           (g) ``Locksmith'' means an individual who provides locksmithing serv-
29       ices for any type of compensation.
30           (h) ``Lockpicking tool'' means any tool that is designed, or intended
31       by the user to be used, to open a mechanical or electrical locking device
32       by means other than that intended by the manufacturer of such device
33       for normal operation.
34           (i) ``Locksmith license'' means a license granted to a locksmith pur-
35       suant to this act.
36           (j) ``Locksmithing services'' means:
37           (1) Repairing, rebuilding, servicing, adjusting or installing a mechan-
38       ical or electrical locking device, safe or vault;
39           (2) operating a mechanical or electrical locking device, safe or vault
40       by a means other than that intended by the manufacturer of such locking
41       device, safe or vault;
42           (3) opening, making keys by code for or by bypassing the locking
43       devices on vehicles by means other than that which were intended by the

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  1       manufacturers of such vehicles; or
  2           (4) rendering technical advice concerning any activity described in
  3       subsections (j)(1), (2) or (3).
  4           (k) ``Organization'' means any entity other than an individual, includ-
  5       ing, but not limited to, a corporation, partnership, sole proprietorship,
  6       association or cooperative.
  7           (l) ``Photo identification card'' means a wallet-size document with a
  8       photo of the licensee on its face issued by the board as proof that a license
  9       has been granted pursuant to this act.
10           (m) ``Safe-opening tool'' means any tool that is designed, or intended
11       by the user, to be used to open a safe, strongbox, safe deposit box or
12       similar object by means other than that intended by the manufacturer of
13       such safe, strongbox, safe deposit box or similar object for normal open-
14       ing.
15           (n) ``Vehicle-opening tool'' means any tool that is designed, or in-
16       tended by the user to be used, to open a motor vehicle of any type by
17       means other than that intended by the manufacturer of such motor ve-
18       hicles for normal opening.
19           Sec. 2. (a) On and after July 1, 2000:
20           (1) No individual shall act, or offer to act, as a locksmith unless the
21       individual has a currently valid locksmith license or apprentice locksmith
22       license. No organization shall provide, or offer to provide, the services of
23       a locksmith unless such services are or can be provided by an employee
24       of or contractor with such organization who has a currently valid locksmith
25       license or apprentice locksmith license.
26           (2) No individual shall obtain ownership or possession of lockpicking
27       tools, safe-opening tools, vehicle-opening tools or codebooks, either in
28       person or thorough an intermediary or through mail order or other re-
29       mote-procurement method, unless the individual has a currently valid
30       locksmith license or apprentice locksmith license. It shall be unlawful for
31       any organization to obtain ownership or possession of lockpicking tools,
32       safe-opening tools, vehicle-opening tools or codebooks by means of an
33       employee, officer or other individual who violates this subsection.
34           (3) No individual licensed in this state to engage in business as an
35       electrical or mechanical contractor or subcontractor, building contractor
36       or vehicle dealer, or in any other occupation, shall provide locksmithing
37       services unless such services are provided in compliance with the licensing
38       provisions of this act.
39           (b) Nothing in this section shall prohibit:
40           (1) The acquisition or use of any key duplication machine or key
41       blanks;
42           (2) the emergency performance of locksmithing services by members
43       of a law enforcement agency, fire department or other government

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  1       agency in their official line of duty; or
  2           (3) bona fide sales demonstrations to locksmiths or apprentice lock-
  3       smiths by sales representatives.
  4           (c) Violation of this section is a class A misdemeanor.
  5           Sec. 3. (a) The board is authorized to grant locksmith licenses and
  6       apprentice locksmith licenses to all qualified individuals in accordance
  7       with this act and rules and regulations adopted hereunder.
  8           (b) Each license issued or renewed under this act shall expire on a
  9       date determined in accordance with a schedule established by rules and
10       regulations of the board, which date shall be not more than two years
11       from the date of issuance or renewal.
12           (c) A locksmith or apprentice locksmith shall carry on such lock-
13       smith's person a photo identification card at all times when such locksmith
14       is providing locksmithing services and shall show such card to any person
15       who requests to see it.
16           (d) An organization shall display at its normal place of business and
17       in a manner easily readable by the general public a certificate for each
18       locksmith or apprentice locksmith the organization employs or otherwise
19       authorizes to work on its behalf.
20           Sec. 4. (a) The board shall adopt such rules and regulations as nec-
21       essary to administer and enforce the provisions of this act.
22           (b) The board shall adopt rules and regulations fixing the amount of
23       license fees provided for by this act. Such fees shall be in the amounts
24       necessary to administer and enforce this act, subject to the following
25       limitations:
26           (1) For a locksmith license, a fee based on an annual amount not
27       exceeding $100; and
28           (2) for an apprentice locksmith license, a fee based on an annual
29       amount not exceeding $100.
30           Sec. 5. (a) An applicant for a locksmith license shall:
31           (1) Be at least 18 years of age;
32           (2) comply with the competency requirements of section 6;
33           (3) comply with the insurance requirements of section 7;
34           (4) pay the license fee established by rules and regulations adopted
35       under this act;
36           (5) unless officially pardoned by the state where committed, have not
37       been, during the five years immediately preceding the date the applica-
38       tion is submitted: (A) Convicted or placed on diversion, in this or any
39       other jurisdiction, for an act that constitutes a felony in this state or ad-
40       judicated, in this or any other jurisdiction, of committing as a juvenile an
41       act that would be a felony in this state if committed by an adult; (B)
42       convicted or placed on diversion, in this or any other jurisdiction, for an
43       act that constitutes a misdemeanor under the provisions of K.S.A. 21-

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  1       3701, 21-3703, 21-3704, 21-3705, 21-3707, 21-3710, 21-3711, 21-3720,
  2       21-3721, 21-3738 or 21-3755, and amendments thereto, or adjudicated,
  3       in this or any other jurisdiction, of committing as a juvenile an act that
  4       would be such a misdemeanor if committed by an adult; or (C) convicted
  5       or placed on diversion, in this or any other jurisdiction, for an act that
  6       constitutes a misdemeanor under the provisions of the uniform controlled
  7       substances act or adjudicated, in this or any other jurisdiction, of com-
  8       mitting as a juvenile an act that would be such a misdemeanor if com-
  9       mitted by an adult; and
10           (6) complete all application requirements pursuant to rules and reg-
11       ulations adopted under this act.
12           (b) An applicant for an apprentice locksmith license shall:
13           (1) Be at least 16 years of age;
14           (2) be registered in a locksmith apprenticeship program which has
15       been approved by the bureau of apprenticeship and training of the United
16       States department of labor or a provider determined by the board to be
17       equivalent;
18           (3) comply with the insurance requirements of section 7;
19           (4) pay the license fee established by rules and regulations adopted
20       under this act;
21           (5) unless officially pardoned by the state where committed, have not
22       been, during the five years immediately preceding the date the applica-
23       tion is submitted: (A) Convicted or placed on diversion, in this or any
24       other jurisdiction, for an act that constitutes a felony in this state or ad-
25       judicated, in this or any other jurisdiction, of committing as a juvenile an
26       act that would be a felony in this state if committed by an adult; (B)
27       convicted or placed on diversion, in this or any other jurisdiction, for an
28       act that constitutes a misdemeanor under the provisions of K.S.A. 21-
29       3701, 21-3703, 21-3704, 21-3705, 21-3707, 21-3710, 21-3711, 21-3720,
30       21-3721, 21-3738 or 21-3755, and amendments thereto, or adjudicated,
31       in this or any other jurisdiction, of committing as a juvenile an act that
32       would be such a misdemeanor if committed by an adult; or (C) convicted
33       or placed on diversion, in this or any other jurisdiction, for an act that
34       constitutes a misdemeanor under the provisions of the uniform controlled
35       substances act or adjudicated, in this or any other jurisdiction, of com-
36       mitting as a juvenile an act that would be such a misdemeanor if com-
37       mitted by an adult;
38           (6) complete all application requirements pursuant to rules and reg-
39       ulations adopted under this act; and
40           (7) be personally sponsored by a licensed locksmith for the appren-
41       ticeship period of two years.
42           (c) The board shall consult with appropriate state or federal law en-
43       forcement authorities to verify whether an applicant has a criminal record

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  1       prior to granting any license. As an aid in carrying out this duty, each
  2       applicant shall be required to provide the applicant's fingerprints and
  3       complete an affidavit of the applicant's criminal record, if any, as a part
  4       of the application. The board shall periodically consult with state and
  5       federal law enforcement officials to determine whether current licensees
  6       have new criminal convictions.
  7           (d) The form of application, certificate, photo identification card and
  8       method to obtain and renew photographs shall be established by rules
  9       and regulations adopted under this act.
10           Sec. 6. (a) Locksmith competency standards, and any changes
11       thereto, shall be established by rules and regulations of the board after
12       thorough consultation with experts and representatives of trade associa-
13       tions who are knowledgeable regarding locksmithing services.
14           (b) The board is authorized to evaluate the competency of applicants
15       for locksmith licenses. The board may either develop and administer an
16       examination to evaluate competency or rely on an examination developed
17       and administered by a bona fide locksmith trade association. The board
18       may waive any examination requirement for any individual who has:
19           (1) Successfully completed a locksmith apprenticeship program
20       which has been approved by the bureau of apprenticeship and training
21       of the United States department of labor or a provider determined by
22       the board to be equivalent;
23           (2) been issued, within the previous three years, a locksmith license
24       from another state that the board has determined requires proof of com-
25       petency standards equivalent to those established pursuant to this act as
26       a prerequisite for granting locksmith licenses;
27           (3) previously demonstrated competency by achieving criteria estab-
28       lished by any locksmith trade association that the board has determined
29       are equivalent to the competency standards established pursuant to this
30       act; or
31           (4) previously demonstrated competency by having provided lock-
32       smithing services on a full-time basis for two years immediately preceding
33       the date the application for a locksmith license is submitted.
34           Sec. 7. A locksmith or apprentice locksmith shall maintain errors and
35       omissions insurance coverage in an amount not less than $100,000 and
36       liability insurance coverage in an amount not less than $1,000,000 for the
37       purpose of paying claims made or judgments obtained by any individual
38       or organization for damages that occurred as a result of negligence of
39       such locksmith. An organization may maintain such insurance on behalf
40       of its locksmith and apprentice locksmith employees and, if so, the min-
41       imum insurance policy amounts in this section shall remain the same
42       notwithstanding the number of locksmiths and apprentice locksmiths that
43       are employed by the organization. Such locksmith employees and ap-

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  1       prentice locksmith employees shall not be required to maintain insurance
  2       in addition to that maintained by the organization.
  3           Sec. 8. (a) Any license granted pursuant to this act shall expire at the
  4       end of its term unless it is renewed pursuant to rules and regulations
  5       adopted under this act. The board may waive proof of competency
  6       requirements for renewals made prior to expiration, or for late renewals
  7       for a period not to exceed one year after the date of expiration, of any
  8       license granted pursuant to this act.
  9           (b) The board is authorized to suspend or revoke any license granted
10       pursuant to this act for:
11           (1) Violation of any provision of this act or rules and regulations
12       adopted hereunder; or
13           (2) failure to maintain the qualifications for licensure required pur-
14       suant to this act.
15           Suspension or revocation shall be in accordance with the Kansas ad-
16       ministrative procedure act and shall be subject to review in accordance
17       with the act for judicial review and civil enforcement of agency actions.
18           Sec. 9. K.S.A. 1997 Supp. 74-7005 is hereby amended to read as
19       follows: 74-7005. (a) Membership of the board shall be as follows:
20           (1) Four members shall have been engaged in the practice of engi-
21       neering for at least eight years and shall be licensed engineers. At least
22       one of such members shall be engaged in private practice as an engineer.
23       At least one of such members shall also be licensed as a land surveyor, as
24       well as a licensed engineer.
25           (2) Two members shall have been engaged in the practice of land
26       surveying for at least eight years and shall be licensed land surveyors.
27           (3) Three members shall be licensed architects of recognized stand-
28       ing and shall have been engaged in the practice of the profession of ar-
29       chitecture for at least eight years, which practice shall include responsible
30       charge of architectural work as principal.
31           (4) One member shall be a licensed landscape architect and shall have
32       been engaged in the practice of landscape architecture for at least eight
33       years, which practice shall include responsible charge of landscape ar-
34       chitectural work as principal.
35           (5) One member shall be engaged in the practice of geology, shall
36       have been engaged in the practice of geology for at least eight years and,
37       on and after July 1, 2000, shall be a licensed geologist.
38           (6) Two members shall be from the general public of this state.
39           (7) When considering or acting on matters relating to licensure or
40       regulation of locksmiths pursuant to sections 1 through 8, one member of
41       the board shall be a locksmith who has been engaged in providing lock-
42       smithing services, as defined in section 1, for at least five years and who,
43       on and after July 1, 2000, is a licensed locksmith.

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  1           (b) Each member of the board shall be a citizen of the United States
  2       and a resident of this state.
  3           (c) The amendments to this section shall not be applicable to any
  4       member of the board who was appointed to the board and qualified for
  5       such appointment under this section prior to the effective date of this act.
  6           Sec. 10. K.S.A. 1997 Supp. 74-7005 is hereby repealed.
  7           Sec. 11. This act shall take effect and be in force from and after its
  8       publication in the statute book.
  9