AN ACT AMENDING THE LOCKSMITH LICENSING ACT, EXPANDING THE AUTHORITY OF THE LOCKSMITH LICENSING BOARD TO REGULATE INSTITUTIONAL LOCKSMITHS, AND RAISING THE CEILING ON CERTAIN FEES. Enacted July 29, 2013. Section 2 is effective December 1, 2013, and applies to offenses committed on or after that date. Sections 5 and 11 are effective July 29, 2013. The remainder is effective October 1, 2013.
Summary date: Jul 30 2013 - View Summary
House amendment makes the following changes to the 3rd edition.
Amends GS 74F-16(6) to clarify that the provisions of GS Chapter 74F, the Locksmith Licensing Act, do not apply to a merchant or a retail or hardware store when the merchant or store does not purport to be a locksmith and lawfully (1) re-keys a lock at the timeof the sale of the lock; (2) duplicates a key, unless the key is a transponder key that requires programming; or (3) installs as a service a lock on a door when both the lock and the door were purchased from the same merchant.
House committee substitute to the 2nd edition makes the following changes.
Amends GS 74F-3 to delete new subsection (b), whichprohibitedan individualfrom possessing any locksmith tools as defined under GS 74F-4(6) unless the personwas licensed as a locksmith under this Chapter or exempt from the provisions of this Chapter.
Summary date: Jun 19 2013 - View Summary
Senate committee substitute to the 1st edition makes the following changes.
Amends GS 74F-3 to delete the prohibition on a person possessing any locksmith tools, unless licensed as a locksmith or exempt from the provisions of GS Chapter 74F. Also deletes the requirement that a person providing locksmith services to buildings that are multi-family units be licensed.
Effective December 1, 2013, further amends GS 74F-3 as follows. Prohibits a person from possessing any locksmith tools, unless licensed as a locksmith or exempt from the provisions of GS Chapter 74F. Also increases penalties from a Class 3 misdemeanor to a Class 1 misdemeanor for a first offense, and makes subsequent offenses a Class I felony.
Amends the exemptions from GS Chapter 74F to include a towing service, or its employees, when providing services in the normal course of its business (was, when providing lockout service for a motor club or when necessary to move or tow a vehicle). Deletes the proposed changes to the definition of property in GS 74F-16. Also reverts the exemption to those members of a law enforcement agency, fire department, or other government agency who, when acting within the scope of their employment, open locked doors to vehicles, homes, or businesses (was changed to member of a law enforcement agency, fire department, or other government agency only when opening locked doors to vehicles, homes, or businesses in a life-threatening emergency or during the investigation of a crime).
Provides that an institutional locksmith is a person who is employed by or working for a school, college, university, hospital, company, institution, or government facility and who provides locksmith services as part of the person's employment. Those engaged as an institutional locksmith in the state for at least two consecutive years before October 1, 2013, and who pay the required licensure fee are to be licensed without having to take the licensing exam. Those that do not apply by October 1, 2014, are required to complete all Board requirements.
Makes the changes to the licensing and related fees effective when the act becomes law. Unless otherwise indicated, the act is effective October 1, 2013 (was, entire act was effective when it became law).
Summary date: Jan 30 2013 - View Summary
Amends GS 74F-3 by forbidding any person from possessing any locksmith tools, as defined by GS 74F-4(6), unless the person is licensed as a locksmith under GS Chapter 74F or exempted from the provisions of GS Chapter 74F. Requires licensure for persons providing locksmith services in buildings containing confidential records. Makes the first violation a Class 1 misdemeanor, and any subsequent violation a Class I felony (currently, all violations considered Class 3 misdemeanor).
Rewrites GS 74F-4 to include the term "safes" in the definition of Locksmith services and further expands the definition to include any method of bypassing a locking mechanism of any kind, whether in a commercial, residential, or automotive setting, for compensation. Amends GS 74F-6 by expanding the power of the NC Locksmith Licensing Board (Board) by allowing the Board to obtain certain records of a person or company offering locksmith services, including employees, contractors, and subcontractors. Increases various fees under GS 74F-9. Adds a provision to GS 74F-10(b) allowing the Board, in its discretion, to adjust renewal and reinstatement fees if an applicant whose license has expired can show good cause for such license expiration. Rewrites GS 74F-12(b) to require that all advertisements for locksmith services include a valid license number issued by the Board. Rewrites GS 74F-15 by adding a new subsection that grants the Board power to assess the costs of disciplinary action, including attorneys' fees, against an applicant or licensee found to be in violation of GS Chapter 74F or rules adopted by the Board. Amends GS 74F-16 by rewriting, adding, or clarifying various entities exempted from GS Chapter 74F. Makes other technical and conforming changes.