Reference is to the bill as introduced.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-42-110. For
purposes of this chapter:
(1) 'Department' means
the Department of Labor, Licensing and Regulation.
(2) 'Lock' means a
mechanical, electromechanical, electronic, or electromagnetic
device or similar device, including peripheral hardware, that is
designed to control access from one area to another or that is
designed to control the use of a device. These devices if
operated by electrical current shall include both alternating
current and direct current low voltage.
(3) 'Locksmith' means a
person who directly or indirectly engages in the business of
rekeying, installing, repairing, opening, or modifying locks or
who originates keys for locks.
(4) 'Permanent employee
registration card' means a card issued by the department to an
individual who has applied to the department and has been found
to be employable by an agency licensed under this chapter.
Section 40-42-120. (A)
There is created the South Carolina State
Board of Locksmiths composed of seven members appointed by the
Governor, five of whom must be licensed locksmiths pursuant to
this chapter, and two public members who are not locksmiths or
do not have a pecuniary interests in an entity engaged in the
locksmith practices.
(B) The term of a
member is for four years and until his successor is appointed
and qualified. A member of the board may be reappointed for one
term consecutive to his initial term, regardless of whether the
first term was a full term or an appointment to fulfill the
remainder of an unexpired term of another member. A member who
serves two consecutive terms may not serve as a member of the
board for a period of four years after this second term
expires.
(C) A vacancy on the
board is filled in the same manner as the original appointment
for the unexpired portion of the term.
(D) The board is
responsible for examining applicants for certification as
locksmiths and investigating complaints and prosecuting
violations of this chapter.
(E) The board may
promulgate regulations to carry out the provisions of this
chapter.
Section 40-42-130. (A)
In order to safeguard public welfare,
health, and property and to promote public good, a person
seeking to provide or offer to provide locksmith services to the
public must submit to the board evidence that he is qualified to
provide locksmith services and must obtain licensure as a
locksmith as provided in this chapter. It is unlawful for a
person to provide or offer to provide locksmith services to the
public or to use the term or title 'locksmith' unless licensed
under the provisions of this chapter.
(B) To be qualified for
licensure as a locksmith in this State, an applicant must:
(1)
be at least eighteen years of age;
(2)
pass the written or oral examination provided in Section
40-42-140;
(3)
comply with insurance and bonding requirements established
by the board through regulation;
(4)
pay the application fee established by the board through
regulation;
(5)
meet other qualifications established by the board through
regulation; and
(6)
submit to a state and national criminal record background
check.
(C) An applicant for
licensure shall submit his application on forms prescribed by
the department and pay applicable registration fee.
(D) An applicant for
licensure shall submit to a state and national criminal
background check at his expense. The department may not issue a
license to a person who:
(1)
is a registered sex offender or is convicted of, pled
guilty or nolo contendere to, or been adjudicated delinquent for
an offense for which he is required to register as a sex
offender as enumerated in Section 23-3-430(C); or
(2)
has had a prior license to do business as a locksmith
revoked for fraud or misrepresentation.
(E) Upon issuing the
license, the department also shall issue a license number and a
photographic identification card indicating the name, contact
information, status as a licensed locksmith, and license number.
A licensee shall, on demand, provide this identification card
for inspection at the request of any person to whom he seeks to
provide locksmith services.
Section 40-42-140. The board shall adopt a written or oral examination that applicants for licensure must pass to demonstrate a mastery of the skills, best safety practices, and best ethical business practice concepts required of a locksmith. If the board elects to use an examination prepared by a national entity, a section specific to South Carolina must be developed by the board and included in the examination. The applicant may choose between the written or oral examination.
Section 40-42-150. (A)
A license issued under this chapter must be
renewed every two years on or before a date set by the
department upon the payment of a renewal fee established by the
board through regulation.
(B) A licensee who
allows his license to lapse for less than one year by failing to
renew the license in accordance with this section may be
reinstated by the department upon satisfactory explanation by
the licensee of failure to renew the license and upon payment of
a reinstatement fee and the current renewal fee, as established
by the board through regulation.
(C) If a license has
lapsed for more than two years, the applicant must reapply for
licensure. A person who provides locksmith services in this
State during the time that his license is lapsed is engaging in
unlicensed practice and is subject to penalties provided in this
chapter.
Section 40-42-160.
Nothing in this chapter prohibits any of the
following:
(1) servicing,
installing, repairing, or rebuilding automotive locks by
automotive service dealers if they do not hold themselves out to
the public as locksmiths;
(2) police or fire
departments from opening a lock in an emergency situation if
they do not hold themselves out to the public as locksmiths;
(3) a merchant, retail,
or hardware store from duplicating keys or from selling locks or
other security accessories not prohibited from sale by the State
if they do not hold themselves out to the public as
locksmiths;
(4) the installation or
removal of complete locks or locking devices by members of the
building trades when doing so in the course of residential or
commercial new construction or remodeling if they do not hold
themselves out to the public as locksmiths;
(5) the employees of
towing services or repossessors from opening automotive locks in
the normal course of their duties if they do not hold themselves
out to the public as locksmiths; additionally, this chapter does
not prohibit employees of towing services from opening motor
vehicles to be moved without towing if they use the work order
form required by this chapter and if the towing service does not
hold itself out to the public as a locksmith or locksmith agency
by way of yellow page advertisement, through a sign at the
facilities of the service, or by any other advertisement;
(6) the practice of
locksmithing by a student in the course of study in programs
approved by the department if the student does not hold himself
out to the public as a locksmith;
(7) servicing,
installing, repairing, or rebuilding locks by a lock
manufacturer or anyone employed by a lock manufacturer if he
does not hold himself out to the public as a locksmith;
(8) the provision of a
product or service in the practice of locksmithing by a business
licensed by the State as a private alarm contractor agency if
the principal purpose of the services provided to a customer is
not the practice of locksmithing and the business does not hold
itself out to the public as a locksmith agency; or
(9) a maintenance
employee of a property management company at a multifamily
residential building from servicing, installing, or repairing
locks for tenants if the maintenance employee does not hold
himself out to the public as a locksmith."
SECTION 2. The initial professional members of the South Carolina Board of Locksmiths will be appointed and qualified before the licensure process exists and are consequently not required to be licensed as professional members as otherwise required by this act for professional members of the board, but instead must have at least five years of experience as locksmiths in this State and meet the other criteria of the act and for public officials in this State. Within six months after establishing the written test for licensure under this act, an initial professional member successfully must complete the test and obtain licensure under this act or his seat will be vacated.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.