PRINTER'S NO. 1850
No. 1540 Session of 1975
INTRODUCED BY BEREN AND KOLTER, JUNE 25, 1975
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 25, 1975
AN ACT
1 Providing for the licensing and regulation of locksmiths and key
2 duplicators; creating the State Board of Locksmith Examiners
3 and prescribing its powers and duties; prescribing unlawful
4 acts; and providing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short Title.--This act shall be known and may be
8 cited as the "Locksmith License Act."
9 Section 2. Definitions.--As used in this act:
10 "Apprentice locksmith" means a person who is training to be a
11 locksmith under the direct supervision of a locksmith.
12 "Board" means the State Board of Locksmith Examiners in the
13 Department of State.
14 "Key duplicator" means a person who operates any machine used
15 to make duplicate keys from an original key.
16 "Locksmith" means a person who repairs, services, adjusts,
17 installs, inspects and renders technical advice concerning
18 locks, and their mechanical parts, burglar prevention or similar
19 devices.
1 Section 3. State Board of Locksmith Examiners.--(a) There is
2 hereby created in the Department of State a departmental
3 administrative board to be known as the State Board of Locksmith
4 Examiners which shall consist of five members who shall be
5 citizens of the United States and residents of the Commonwealth
6 of Pennsylvania. Three of the members shall have had seven or
7 more years experience as locksmiths prior to their appointment.
8 (b) The term of office for each member shall be three years,
9 except that members of the initial board shall be appointed for
10 the following terms: one for a term of one year; two for terms
11 of two years; and two for terms of three years.
12 (c) Appointments to the board shall be made by the Governor
13 by and with the consent of two-thirds of all the members of the
14 Senate. Any vacancy occurring on the board shall be filled by
15 the Governor by appointment for the unexpired term.
16 (d) The board shall elect annually from its membership a
17 chairman and a secretary. The secretary shall keep a written
18 record of the proceedings of the board.
19 (e) The board shall meet at least two times each year and at
20 any time on the call of the chairman or the Commissioner of
21 Professional and Occupational Affairs. A majority of the members
22 of the board shall constitute a quorum.
23 (f) Each member shall receive $30 per diem for each day
24 actually engaged in the attendance at meetings of the board and
25 shall be reimbursed for actual expenses incurred while engaged
26 in the performance of his duties.
27 Section 4. License Requirements.--(a) No person shall engage
28 in the occupation of locksmith within this Commonwealth unless
29 he has secured an appropriate license under the provisions of
30 this act. No person shall accept or receive locks for repair in
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1 a place of business unless there is a licensed locksmith in the
2 place of business.
3 (b) The license shall be conspicuously displayed at all
4 times in the place of business or work.
5 (c) No person shall engage in the occupation of key
6 duplicator within this Commonwealth unless he has secured an
7 appropriate license under the provisions of this act.
8 (d) All apprentice locksmiths shall be licensed. The license
9 shall be issued for three-year periods, and shall be valid only
10 when the apprentice locksmith is working under the supervision
11 of a licensed locksmith, who shall be named in the license, at
12 his regular place of business.
13 (e) An apprentice locksmith may be certified in various
14 selected skills by a licensed locksmith on an interim basis
15 until completion of his apprenticeship.
16 (f) Students of either resident or correspondence locksmith
17 schools shall be registered and fingerprinted before the
18 commencement of training.
19 Section 5. Qualifications for Licensure.--(a) No person
20 shall be eligible for a license as a locksmith unless he or she
21 is:
22 (1) eighteen years of age or older;
23 (2) fingerprinted and investigated by the Pennsylvania State
24 Police;
25 (3) covered by a bond or insurance policy of an amount of at
26 least $10,000, issued by a company or carrier authorized to do
27 business within this Commonwealth, which shall insure said
28 locksmith against loss from the liability imposed on him by law
29 for damages arising from the performance of services as a
30 locksmith for negligent, intentional, or other acts or
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1 omissions; and
2 (4) of good moral character.
3 (b) No person shall be eligible for a license as a key
4 duplicator unless he or she is:
5 (1) eighteen years of age or older; and
6 (2) of good moral character.
7 (c) No person shall be eligible for a license as an
8 apprentice locksmith unless he or she:
9 (1) has registered for and served a 90 day probationary
10 period;
11 (2) has been fingerprinted and investigated by the
12 Pennsylvania State Police after registering for the probationary
13 period; and
14 (3) is of good moral character.
15 (d) Except as otherwise provided in this act or by the
16 board, no person shall be eligible for a license as a locksmith
17 unless he or she has successfully passed both a written and a
18 practical examination given by the board. The examinations shall
19 be so designed as to establish the competence and qualification
20 of the applicant to engage in the occupation of locksmith of key
21 duplicator.
22 Areas to be covered by the examinations shall include, but
23 not be limited to:
24 (1) rekeying;
25 (2) master keying;
26 (3) safe work;
27 (4) security survey or consulting;
28 (5) autolock work;
29 (6) service work or mortise locks, key in knobs and panic
30 devices;
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1 (7) selling or recommending devices;
2 (8) cutting keys by codes;
3 (9) performance of opening locks;
4 (10) electric locking devices; and
5 (11) knowledge of tensile strength of metals.
6 A grade of 70 on the examination shall be a passing grade.
7 Any person who has been a full-time locksmith for three years
8 shall not be required to take the examination.
9 (e) An applicant for a "key duplicator" license shall not be
10 required to take an examination. In lieu thereof, the applicant
11 shall satisfy requirements for licensure established by the
12 board. A "key duplicator" upon licensure, will be entitled to
13 duplicate from original keys only except as otherwise provided
14 by the rules and regulations of the board.
15 Section 6. License Application and Fee.--(a) Each applicant
16 for a license shall submit a notarized application to the board
17 in such form as the board shall prescribe accompanied by the
18 appropriate application fee.
19 (b) The board shall issue a license to each applicant who
20 has complied with the provisions of this act and such license
21 shall be renewed annually except in the case of apprentice
22 locksmith, upon payment of the appropriate fee.
23 (c) Fees for application for a license or renewal of a
24 license shall be as follows: initial application for locksmith,
25 $25; initial application for key duplicator, $10; application
26 for apprentice locksmith license, $15; renewal applications, $5.
27 Section 7. Denial, Suspension and Revocation of License.--
28 The board may deny, suspend or revoke a license as to any person
29 who:
30 (1) has been convicted of a felony or a crime involving
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1 moral turpitude or who as entered a plea of guilty or nolo
2 centendere thereto:
3 (2) fails to meet the requirements of this act for such
4 license;
5 (3) commits any act for which a penalty may be imposed under
6 this act; or
7 (4) violates any of the provisions of this act or any
8 license or regulation issued thereunder.
9 Section 8. Powers of Board.--In addition to other powers
10 granted the board under the provisions of this act, the board
11 shall have the following powers:
12 (1) To pass upon the qualifications and fitness of
13 applicants for licenses and reciprocal licenses; and to adopt
14 and revise rules and regulations requiring applicants to pass
15 examinations relating to their qualifications as a prerequisite
16 to the issuance of license.
17 (2) To adopt, and, from time to time, revise such rules and
18 regulations not inconsistent with the law as may be necessary to
19 carry into effect the provisions of this act. Such rules and
20 regulations may include, but shall not be limited to, reasonable
21 requirements for the conduct of the occupation of locksmith or
22 key duplicator and the preparation, maintenance and filing of
23 records.
24 (3) To examine for, deny, approve, issue, revoke, suspend
25 and renew the licenses of locksmith and key duplicator
26 applicants pursuant to this act, and to conduct hearings in
27 connection therewith.
28 (4) To conduct hearings upon complaints concerning
29 violations of the provisions of and the rules and regulations
30 adopted pursuant to this act and cause the prosecution and
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1 enjoinder of all such violations.
2 (5) To expend moneys necessary to the proper carrying out of
3 their assigned duties.
4 (6) To waive examination and grant a license in cases deemed
5 exceptional by the board.
6 Section 9. Reciprocity.--The board may recommend the
7 granting of a license without examination to any person who, at
8 the time of application holds a valid license or certificate
9 issued by another state, provided in the opinion of the board,
10 the requirements for such certification or licensure are the
11 equivalent or superior to the requirements of this act.
12 Section 10. Actions of the Board.--All actions of the board
13 pursuant to this act which result in a refusal to issue a
14 license or action which suspends or revokes a license shall be
15 subject to the right of notice of hearing and adjudication and
16 the right of appeal therefrom in accordance with the act of June
17 4, 1945 (P.L.1388, No.442), known as the "Administrative Agency
18 Law."
19 Section 11. Penalties.--Whoever engages in the occupation of
20 locksmith or key duplicator without being licensed as required
21 by this act, or shall present or attempt to use as his own the
22 license of another or shall give any false or forged evidence of
23 any kind to the board or to any member thereof in order to
24 obtain a license, or shall use any expired, suspended or revoked
25 license, or whoever shall sell any picks, depth and code keys,
26 code information, master key systems, automobile tryout keys,
27 shim shock, master blanks for sectional keyway, or other
28 locksmith's tools to any one other than a licensed locksmith, or
29 shall otherwise violate the provisions of this act shall be
30 guilty of a felony of the third degree.
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1 Section 12. Appropriation.--All fees collected under the
2 provisions of this act are hereby specifically appropriated to
3 the Department of State for the use of the board in carrying out
4 the provisions of this act.
5 Section 13. All licensed locksmiths and wholesalers of
6 locksmith supplies and equipment shall be provided with a list
7 of all licensees.
8 Section 14. Effective Date.--Section 11 of this act shall
9 take effect one year after final enactment and the remainder of
10 the act shall take effect immediately.
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