MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary A; Appropriations
By: Representatives Clarke, Bailey, Flaggs, Thomas
AN ACT TO LICENSE AND REGULATE LOCKSMITHS; TO DEFINE CERTAIN TERMS; TO CREATE THE MISSISSIPPI LOCKSMITH LICENSING BOARD AND PRESCRIBE ITS DUTIES AND POWERS; TO PROVIDE LICENSE QUALIFICATIONS; TO REQUIRE THE PAYMENT OF LICENSING AND EXAMINATION FEES; TO REQUIRE PHOTO IDENTIFICATION; TO REQUIRE THE POSTING OF LICENSES AND SPECIFY RESPONSIBILITIES OF LICENSEES; TO PROVIDE FOR DISCIPLINARY PROCEDURES; TO PROVIDE EXEMPTIONS; TO AUTHORIZE THE BOARD TO SEEK INJUNCTIONS; TO ALLOW CERTAIN LOCKSMITHS TO BE LICENSED WITHOUT EXAMINATION FOR A LIMITED TIME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the Mississippi Locksmith Licensing Act.
SECTION 2. Locksmiths have the knowledge and tools to bypass or neutralize security devices in vehicles, homes, and businesses. The laws of this State do not protect citizens from the
unscrupulous use and abuse of this knowledge and these tools by persons who are untrained or have criminal intent. Therefore, the licensing of locksmiths is necessary to protect public health, safety, and welfare.
SECTION 3. No person shall perform or offer to perform locksmith services in this state unless the person has been licensed under the provisions of this act. A violation of this section is a misdemeanor punishable by a fine of up to One Thousand Dollars ($1,000.00) unless the conduct is covered under some other provision of law providing greater punishment.
SECTION 4. The words and phrases shall have the meanings ascribed herein, unless the context clearly indicates otherwise:
(a) "Board" means the Mississippi Locksmith Licensing Board.
(b) "Code book" means a compilation, in any form, of key codes and combinations.
(c) "License" means a certificate issued by the board recognizing the person named therein as having met the requirements to perform locksmith services as defined in this
act.
(d) "Locksmith" means a person who has been issued a license by the board.
(e) "Locksmith services" means repairing, rebuilding, rekeying, repinning, servicing, adjusting, or installing locks, mechanical or electronic locking devices, access control
devices, egress control devices, safes, vaults, and safe-deposit boxes for compensation or other consideration, including services performed by safe technicians.
(f) "Locksmith tools" means any tools that are designed or used to open a mechanical or electrical locking device in a way other than that which was intended by the manufacturer.
SECTION 5. (1) The board shall consist of nine (9) members who shall serve staggered terms. Three (3) members shall represent the public. The initial board members shall be appointed on or before January 1, 2013, as follows:
(a) The President Pro Tempore of the Senate, shall appoint three (3) locksmiths, two (2) of whom shall serve terms of four (4) years and one (1) of whom shall serve a term of three (3) years. At least one (1) of the locksmiths shall represent a recognized locksmith organization in the state.
(b) The Speaker of the House of Representatives, shall appoint three (3) locksmiths, one (1) of whom shall serve a term of four (4) years, one (1) of whom shall serve a term of three (3) years, and one of whom shall serve a term of two (2) years. At least one (1) of the locksmiths shall represent a recognized locksmith organization in the state.
(c) The Governor shall appoint three (3) public members, one (1) of whom shall serve a term of three (3) years and two (2) of whom shall serve terms of two (2) years. Upon the expiration of the terms of the initial board members, each member shall be appointed for a term of three (3) years and shall serve until a successor is appointed. No member may serve more
than two (2) consecutive terms.
(2) The locksmith members shall have at least five (5) years' experience in locksmith services and shall be engaged in that business for the duration of their term on the board. The locksmith members initially appointed to the board shall immediately become licensed as locksmiths by complying with the provisions of this chapter. Public members of the board shall not be trained or experienced in locksmith services, have a
financial interest in a locksmith business, or be the spouse of a person who is so trained or experienced or has such an interest. All members of the board shall reside in this state and shall represent various geographical areas of the state.
(3) A vacancy shall be filled in the same manner as the original appointment. Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.
(4) The board may remove any of its members for neglect of duty, incompetence, or unprofessional conduct. A member subject to disciplinary proceedings as a licensee shall be disqualified from participating in the official business of the board
until the charges have been resolved.
(5) Each member of the board shall receive per diem and reimbursement for travel and subsistence as provided in Sections 25-3-41 and 25-3-69.
(6) The officers of the board shall be a chair, a vice chair, and other officers deemed necessary by the board to carry out the purposes of this act. All officers shall be elected annually during the first meeting of the calendar year by the board for one-year terms and shall serve until their successors are elected and qualified.
(7) The board shall hold at least two (2) meetings each year to conduct business and to review the standards and rules for issuing licenses under this act. The board shall adopt rules governing the calling, holding, and conducting of regular and
special meetings. A majority of board members shall constitute a quorum.
SECTION 6. The board shall have the power and duty to:
(a) Administer and enforce the provisions of this act.
(b) Adopt rules as may be necessary to carry out the provisions of this act.
(c) Examine and determine the qualifications and fitness of applicants for licensure and renewal of licensure.
(d) Issue, renew, deny, suspend, or revoke licenses and conduct any disciplinary actions authorized by this act.
(e) Set fees as provided in Section 9 of this act.
(f) Establish and approve continuing education requirements for persons licensed under this act.
(g) Receive and investigate complaints from members of the public.
(h) Conduct investigations for the purpose of determining whether violations of this act or grounds for disciplining licensees exist.
(i) Conduct administrative hearings.
(j) Maintain a record of all proceedings conducted by the board and make available to licensees and other concerned parties an annual report of all board action.
(k) Maintain a list of the names and addresses of all persons licensed by the board.
(l) Employ and fix the compensation of personnel that the board determines is necessary to carry out the provisions of this act and incur other expenses necessary to perform the duties of the board.
(m) Adopt and publish a code of ethics.
(n) Adopt a seal containing the name of the board for use on all licenses and official reports issued by the board.
SECTION 7. An applicant shall be licensed as a locksmith if the applicant meets all of the following qualifications:
(a) Is of good moral and ethical character.
(b) Is at least eighteen (18) years of age.
(c) Successfully completes an examination administered by the board that measures the knowledge and skill of the applicant in locksmith services and the laws applicable to
licensed locksmiths.
(d) Pays the required fee under Section 9 of this act.
SECTION 8. (1) The board may grant, upon application and payment of proper fees, a license to a person who resides in this state and has at least three (3) years' experience as a licensed
locksmith in another state whose standards of competency are substantially equivalent to those provided in this act.
(2) The board may grant, upon application and payment of proper fees, a license to a nonresident if the person meets the requirements of this act or the person resides in a state that recognizes licenses issued by the board.
SECTION 9. The board shall establish fees not exceeding the
following amounts:
(a) Issuance of a license - One Hundred Dollars ($100.00).
(b) Renewal of a license - One Hundred Dollars ($100.00).
(c) Examination - Two Hundred Dollars ($200.00).
(d) Reinstatement - One Hundred Fifty Dollars ($150.00).
(e) Late fees - One Hundred Fifty Dollars ($150.00).
SECTION 10. (1) The board shall issue a license, upon payment of the license fee, to any applicant who has satisfactorily met the requirements of this act as administered by the board. Licenses shall show the full name of the person and an identification number and shall be signed by the chair and one (1) other officer of the board.
(2) All licenses shall expire three (3) years after the date they were issued unless renewed. All applications for renewal shall be filed with the board and shall be accompanied by
the renewal fee as required by Section 9 of this act. A license that has expired for failure to renew may be reinstated after the applicant pays the late and reinstatement fees as required by
Section 9 of this act.
(3) The board shall replace any license that is lost, destroyed, or mutilated subject to rules established by the board.
(4) A license may not be transferred or assigned.
SECTION 11. Every person licensed under this act shall be issued a photo identification card by the board. The card shall display a current photograph of the person, the person's name,
address, and telephone number. The licensee shall have the photograph identification card available for inspection while performing locksmith services.
SECTION 12. (1) Every locksmith issued a license under this act shall display the license prominently in the locksmith's place of business.
(2) Every person advertising locksmith services performed by the person shall include in the advertisement the identification number that is printed on the license issued by the board.
SECTION 13. Every licensee under this act shall provide to the board the names of each person employed by the licensee who either performs locksmith services or has access to locksmith tools. The licensee shall notify the board within thirty (30) days of any change in the information provided pursuant to this section.
SECTION 14. When opening a locked door to any vehicle or residential or commercial property, a licensee shall make a reasonable effort to verify that the customer is the legal owner of the vehicle or property or is authorized by the legal owner to gain access to the vehicle or property.
SECTION 15. The board may deny or refuse to renew, suspend, or revoke a license if the licensee or applicant:
(a) Gives false information to or withholds information from the board in procuring or attempting to procure a license.
(b) Has been convicted of or pled guilty or no contest to a crime that indicates that the person is unfit or incompetent to perform locksmith services, that involves moral turpitude, or that indicates the person has deceived or defrauded the public.
(c) Has demonstrated gross negligence, incompetency, or misconduct in performing locksmith services.
(d) Has willfully violated any of the provisions of this act.
SECTION 16. The provisions of this act do not apply to:
(a) An employee of a licensed locksmith when acting under the control and supervision of the licensed locksmith.
(b) A person working as an apprentice under the supervision of a licensed locksmith while fulfilling the requirements for licensure when acting under the control and
supervision of the licensed locksmith.
(c) An employee of a towing service, a repossessor, a taxi cab service, a motor vehicle dealer, or a motor club when opening automotive locks in the normal course of their duties, so long as the employee does not represent himself or herself as a locksmith.
(d) A property owner, or the owner's employee, when providing locksmith services on the property owner's property, so long as the owner or employee does not represent himself or herself as a locksmith. For purposes of this section, "property" means, but is not limited to, a hotel, motel, apartment, condominium, commercial rental property, and residential rental property.
(e) A merchant, or retail or hardware store, when it lawfully duplicates keys or installs, services, repairs, rebuilds, reprograms, rekeys, or maintains locks in the normal course of its business, so long as the merchant or store does not represent itself as a locksmith.
(f) A member of a law enforcement agency, fire department, or other government agency who, when acting within the scope and course of the member's employment with the agency or department, opens locked doors to vehicles, homes, or businesses.
(g) A salesperson while demonstrating the use of locksmith tools to persons licensed under this act.
(h) A general contractor licensed by the State Board of Contractors when acting within the scope and course of the general contractor license.
(i) A person or business when lawfully installing or maintaining a safety lock device on a wastewater system when the safety lock device is required by permit or requested by the owner of the wastewater system, provided the person or business does
not represent itself as a locksmith.
(j) Any person or firm that sells gun safes or locking devices for firearms when acting within the scope and course of the sale of gun safes or locking devices for firearms.
(k) A person while performing a locksmith service in an emergency situation without receiving any compensation for this service and who does not advertise those services.
SECTION 17. The board may apply to the court for an order enjoining violations of this act. Upon a showing by the board that any person has violated this act, the court may grant injunctive relief.
SECTION 18. Any person who submits proof to the board that the person has been actively engaged as a locksmith in this state for at least two (2) consecutive years prior to the effective date of this act and pays the required fee for the issuance of a license under Section 9 of this act shall be licensed without having to satisfy the requirements of this act. All persons who do not make application to the board within one (1) year of the effective date of this act shall be required to complete all requirements prescribed by the board and to otherwise comply with the provisions of this act.
SECTION 19. This act shall take effect and be in force from and after July 1, 2012.