Bill Text: MS HB1192 | 2011 | Regular Session | Introduced


Bill Title: Locksmith Licensing Act of 2011; create.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2011-02-01 - Died In Committee [HB1192 Detail]

Download: Mississippi-2011-HB1192-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Insurance

By: Representatives Mayhall, Chism, Mayo, Woods

House Bill 1192

AN ACT TO CREATE THE LOCKSMITH LICENSING ACT OF 2011; TO STATE THE PURPOSES OF THE LOCKSMITH LICENSING ACT; TO DEFINE CERTAIN TERMS USED UNDER THE ACT; TO REQUIRE THE REGISTRATION AND LICENSURE BY THE DEPARTMENT OF INSURANCE OF PERSONS ENGAGED IN THE LOCKSMITHING BUSINESS; TO EXCLUDE CERTAIN PERSONS FROM THE REQUIREMENTS OF THIS ACT; TO PRESCRIBE THE DUTIES OF THE COMMISSIONER OF INSURANCE IN REGARD TO THE ADMINISTRATION OF THE LOCKSMITH LICENSING ACT; TO REQUIRE THE COMMISSIONER OF INSURANCE TO MAINTAIN A REGISTER OF ALL APPLICATIONS FOR LICENSURE AS A LOCKSMITH; TO REQUIRE LOCKSMITH LICENSEES TO PROVIDE THE COMMISSIONER OF INSURANCE WITH EVIDENCE OF ADEQUATE LIABILITY INSURANCE; TO PRESCRIBE A HEARING AND REVIEW PROCESS FOR ALLEGED VIOLATIONS OF THE ACT AND TO AUTHORIZE THE SUSPENSION, NONRENEWAL AND REVOCATION OF LICENSES FOR VIOLATIONS OF THE ACT; TO PRESCRIBE MONETARY PENALTIES FOR CERTAIN VIOLATIONS; TO PRESCRIBE THE PROCESS BY WHICH AN APPLICANT APPLIES FOR A LOCKSMITH LICENSE; TO REQUIRE THE REGISTRATION OF LOCKSMITH APPRENTICES AND TO PRESCRIBE THE REGISTRATION PROCESS; TO PROHIBIT STATE AGENCIES, COUNTIES, MUNICIPALITIES AND OTHER LOCAL GOVERNMENTAL ENTITIES FROM PROVIDING LOCKSMITHING SERVICES TO THE PUBLIC; TO AUTHORIZE THE COMMISSIONER TO SET FEES FOR PREPARING AND ISSUING PHOTO IDENTIFICATION CARDS TO LOCKSMITHS; TO REQUIRE LICENSED LOCKSMITHS TO DISPLAY THEIR LICENSE NUMBER ON THEIR WORK VEHICLES AND IN ADVERTISING; 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 "Locksmith Licensing Act of 2011."

     SECTION 2.  The purposes of this act are as follows:

          (a)  To provide uniform procedures and qualifications throughout this state for the licensing and regulation of locksmiths.

          (b)  To protect the public by prohibiting the unauthorized use of lock picking, safe opening and car opening tools by making it illegal for persons convicted of certain crimes to obtain or possess such tools.

          (c)  To protect the safety and security of persons and property by assuring that individuals or companies offering locksmithing services to the general public are competent in locksmithing services and are trained in applicable regulations and laws, such as the Americans With Disabilities Act, building codes and life safety codes.

     SECTION 3.  As used in this act, the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:

     (a)  "Car opening tool" means any tool that is designed by the manufacturer of the tool, or intended by the user, to be used to open any vehicle by means other than that intended by the manufacturer of the vehicle.

     (b)  "Change key" means a key planed and cut to operate a specific lock or a group of specific locks that all have the same combination of tumblers, pins or wafers.

     (c)  "Code book or computer code software" means a compilation, in any form, of key codes.

     (d)  "Commissioner" means the Commissioner of Insurance.

     (e)  "Emergency service vehicle" means a vehicle used for police, fire or emergency medical services or to assist a person from getting in and out of a vehicle.

     (f)  "Key machine" means any device that is designed to copy or reproduce keys or is designed to make original keys.

     (g)  "Lock" means any device that has the primary function of preventing or limiting movement of one (1) object in relation to another object and which requires a tool, device or special knowledge to activate or deactivate.

     (h)  "Lock picking tool" means any tool or combination of tools that is designed by the manufacturer of the tool, or intended by the user, to be used to open a lock by means other than that intended by the manufacturer of the lock to be the normal operation of the lock.

     (i)  "Locksmith" means any natural person who provides locksmithing services for any type of compensation.

     (j)  "Locksmithing services" means:

          (i)  Repairing, rebuilding, repinning, recombinating, servicing, adjusting or installing any lock, safe or vault; or

          (ii)  Operating a lock, safe or vault by means other than those intended by the manufacturer of the lock, safe or vault.

     (k)  "Manipulation key" means any key other than a change key or master key that can be variably positioned or manipulated in a keyway to operate a lock.  The term "manipulation key" includes wiggle keys.

     (l)  "Master key" means a key planed and cut to operate all locks in a series or group of locks, each lock having its own change key and each lock constructed as an act of the series or group for operation with the master key.  Submaster keys, grand master keys, great grand master keys, emergency keys, maid's master keys, over-riding keys or any other similar keys are  considered master keys.

     (m)  "Registered locksmith apprentice" means any natural person who is providing locksmithing services as an employee, contractor or agent, with or without compensation, under the supervision of a licensed locksmith with any sole proprietorship, partnership, association or corporation providing locksmithing services.

     (n)  "Safe opening tool" means any tool that is designed by the manufacturer of the tool, or intended by the user, to be used to open a safe, strongbox, safe deposit box, vault or similar object by means other than that which is intended by the manufacturer of the safe, strongbox, safe deposit box, vault or similar object for normal opening.

     (o)  "Try-out key" means a manipulation key that may or may not be one (1) of a set of similar keys, used for a specific series, keyway or brand of lock.

     SECTION 4.  (1)  A partnership, association, company or corporation may not engage in, or hold itself out as engaging in, the business of locksmithing in this state without first registering as a locksmith business in accordance with this act.   A person, partnership, association, corporation, or local or state governmental employee may not engage in, or hold themselves out as engaging in, the business of locksmithing in this state without first registering or licensing any employee, agents or contractors operating as locksmith apprentices or locksmiths in accordance with this act.

     (2)  Persons who are not licensed under this act may not provide any locksmithing service that is a violation of this act or any rule adopted under this act.  A person or business who is not licensed under this act may not use the designation "locksmith," "locksmith apprentice" or "locksmith company," a designation which compounds, modifies or qualifies the words "locksmith," "locksmith apprentice" or "locksmith company" or which gives or is designed to give the impression that the person or business using the designation is a locksmith, locksmith apprentice or locksmith company.

     (3)  A locksmith may not participate in a joint venture to provide equipment or services that require licensing under this act unless all parties to the joint venture are licensed in accordance with this act.

     (4)  A locksmith may not subcontract the provision of equipment or services requiring a license under this act to any unlicensed person, firm, association or corporation except as provided in Section 5 of this act.

     (5)  A locksmith may not employ, hire, contract with or associate with any person who is required to be licensed or registered with the commissioner in accordance with this act unless the employee, agent or contractor is properly licensed or registered with the commissioner in compliance with Section 11 or 12 of this act.

     (6)  A locksmith shall not retain as a registered employee any person known not to be of good moral character.

     (7)  A person who is not licensed under this act may not possess, use, sell or offer to sell any code book, lock picking tool, manipulation key, try-out key, safe opening tool or car opening tool; however, this restriction on the possession or use of the items listed in this subsection does not apply to students involved in locksmithing training programs or courses if those tools are not used by the students other than in accordance with the training program or course.

     (8)  A person may not sell, offer to sell or give to any person not licensed under this act any code book, lock picking tool, manipulation key, try-out key, safe opening tool or car opening tool.

     (9)  A person who is not licensed under this act may not design, make, manufacture or install any master key or any system of change keys and master keys.

     (10)  A locksmith may not open any vehicle or real property, whether or not a fee is charged, without first obtaining personal identification from the person requesting the service.  The personal identification may include, but is not limited to, personal knowledge, a driver's license or other photo identification, address, telephone number, reference from any reliable source or a description of specific or unusual items that may be found upon entry.  The information must be recorded on a work order or invoice and made available to a law enforcement officer with a properly executed court order at any reasonable time during normal business hours.

     (11)  A locksmith licensed under this act may not be prohibited from providing locksmithing services because of the manner of construction or operation of the lock or because of the location of the lock or application of the lock, whether the lock is applied to any door, window, hatch, lid, gate or other opening in or on any safe, vault, building, vehicle, aircraft or boat.  This subsection shall be construed in the broadest possible sense; however, nothing in this section authorizes a locksmith to provide services for any bank, savings and loan association or trust company without the consent of the bank, savings and loan association or trust company.

     (12)  All persons or entities licensed under this act shall provide the Department of Insurance with a permanent, fixed business location.  The failure to provide this information constitutes a violation of this act.

     SECTION 5.  (1)  The following persons, firms, partnerships, associations or corporations not offering any other locksmithing services are excluded from the requirements of this act:

          (a)  An individual property owner or the owner's agent installing locks or assisting in a lock-out situation without compensation on the owner's property, public or private;

          (b)  A property owner or his agent maintaining a file of key cutting data for a master key system for his property;

          (c)  Persons, sole proprietorships, partnerships, associations or corporations having and using key machines and key blanks for their own use;

          (d)  Retail stores or catalog sales not offering locksmithing services nor selling locksmithing tools or retail stores that offer rekeying or key duplication services on the business premises of retail stores;

          (e)  Locksmith trade publications or equipment manufacturers or distributors not providing direct locksmithing services to the public;

          (f)  Contractors governed under Chapter 3, Title 31, Mississippi Code of 1972, and residential builders and remodelers governed under Chapter 59 of this title who provide direct sales or installation of lock hardware but derive less than twenty-five percent (25%) of their gross annual revenue from that business;

          (g)  Architects and engineers not providing direct sales, adjustment or installation of locks;

          (h)  New or used motor vehicle dealers;

          (i)  Emergency service vehicles, for the sole purpose of towing a motor vehicle or allowing the owner entry into a vehicle when the owner is locked out of the vehicle;

          (j)  A bank, savings and loan association, trust company or employee of a bank, savings and loan association or trust company providing services in connection with safe deposit box, vault or safekeeping activities of the financial institution; and

          (k)  Federal, state or local law enforcement agents or fire and rescue personnel performing openings in their official line of duty.

     (2)  This act may not be construed to prevent any previously licensed locksmith, the agent of an incapacitated locksmith or the personal representative of the estate of a deceased locksmith from transferring locksmithing tools and supplies by sale or gift to anyone licensed under this act or to anyone exempted from this act.

     SECTION 6.  In addition to all other powers and duties authorized by law, the Commissioner of Insurance has the following duties specifically regarding this act:

          (a)  To promulgate rules reasonably necessary to implement and administer this act in an efficient and effective manner, including rules to require submission of reports and information by licensees and registrants under this act and promulgate rules and regulations that the commissioner deems necessary for internal management and control;

          (b)  (i)  To establish fees sufficient to pay the annual direct and indirect anticipated expenses of this act, including:

                   1.  A nonrefundable application fee, including the cost of a Department of Public Safety and Federal Bureau of Investigation (FBI) background check for licensure;

                   2.  A nonrefundable fee for licensure;

                   3.  A biennial licensure renewal fee; and

                   4.  An identification card replacement fee;

              (ii)  The anticipated revenues from fees assessed under this paragraph may not cause more than twenty-five percent (25%) of the annual budget appropriated for the administration of this act to lapse at the end of the fiscal year;

          (c)  To establish categories of licensing, such as general locksmithing, safe and vault work and automotive work, which may have different initial qualification and continuing education requirements;

          (d)  To establish minimum qualifications, minimum education, experience and training standards for applicants for licensure under this act.  The commissioner may seek assistance from the locksmith organizations of this state and any independent locksmiths willing to provide the assistance to the commissioner;

          (e)  To investigate and approve applicants to be licensed or registered under this act including the ordering of a Department of Public Safety and Federal Bureau of Investigation (FBI) background check;

          (f)  To prepare a written examination.  In preparing the examination, the commissioner may appoint a testing advisory board.  Members of the testing advisory board shall serve without compensation.  The testing advisory board must include two (2) licensed locksmiths from each congressional district of the state who are each members of a Mississippi professional locksmith association or organization and one (1) licensed locksmith appointed from those organizations from any congressional district, as well as other members whom the commissioner may select;

          (g)  To promulgate rules to establish the minimum necessary standards for continuing education, with such minimum standards to include twelve (12) hours of continuing education, two (2) of which must be dedicated to life safety;

          (h)  To conduct investigations regarding alleged violations and make evaluations as may be necessary to determine if licensees and registrants under this act are complying with this act;

          (i)  To investigate allegations regarding possible violations of this act by unregistered persons and to seek enforcement under Section 9 of this act;

          (j)  To investigate complaints containing allegations of violations of applicable laws and rules governing locksmiths;

          (k)  To issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records and documents;

          (l)  To deny, suspend or revoke any license, licensure or renewal issued or to be issued under this act to any applicant, registrant or licensee who fails to satisfy the requirements of this act or for any of the reasons stated in Section 9 of this act;

          (m)  To seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or other violation of this act; and

          (n)  To maintain a registry of licensed locksmithing businesses, whether a sole proprietorship, partnership, association, corporation or other entity offering locksmithing services to the public in the state, showing who is licensed and employed by those businesses as locksmiths and apprentices.

     SECTION 7.  (1)  The commissioner shall keep a register of all applications for licensure or for a licensee, showing on each the date of application, name, qualifications, place of business, place of residence and whether a license was granted or refused.

     (2)  The books and register of the commissioner shall be prima facie evidence of all matters recorded in the books and register.

     SECTION 8.  (1)  A license may not be issued under this chapter unless the applicant files with the commissioner evidence of all of the following liability insurance with the following minimum coverages:

          (a)  One Hundred Thousand Dollars ($100,000.00) because of bodily injury or death of one (1) person as a result of the negligent act or acts of the principal insured or the principal insured's agents operating in the scope and course of the agent's employment;

          (b)  Subject to the limit for one (1) person, Three Hundred Thousand Dollars ($300,000.00) because of bodily injury or death of two (2) or more persons as the result of the negligent act or acts of the principal insured or the principal insured's agent operating in the course and scope of the agent's employment; and

          (c)  One Hundred Thousand Dollars ($100,000.00) because of injury to or destruction of property as a result of the negligent act or acts of the principal insured or the principal insured's agent operating in the course and scope of the agent's employment.

     (2)  The state shall be listed as a certificate holder on the liability insurance policies.

     (3)  The insurance certificates shall be available for inspection during normal business hours on the request of the commissioner or duly appointed and identified representatives.  The certificates shall provide that the insurance shall not be modified or cancelled without ten (10) days prior notice to the commissioner.

     SECTION 9.  (1)  The Mississippi Administrative Procedures Law (Article 1, Chapter 43, Title 25, Mississippi Code of 1972) shall govern all matters and procedures regarding the review of any contested case arising under this act.

     (2)  Any person may present charges in writing to the commissioner against any licensee or registrant, or other person, firm or business offering locksmithing services in violation of this act.

     (3)  After notice and an opportunity for hearing, the commissioner may suspend, refuse to renew or revoke a license or licensure issued under this act if it is determined that the licensee or registrant has:

          (a)  Made any false statement or given any false information in connection with any application for licensure or a license or for the renewal or reinstatement of licensure or a license;

          (b)  Violated this act;

          (c)  Violated any rule promulgated by the commissioner pursuant to the authority contained in this act;

          (d)  Been convicted of any crime that may be grounds for denial of licensing as a locksmith or licensure as a registered employee;

          (e)  Failed to comply with an order of the commissioner;

          (f)  Impersonated or permitted or aided and abetted any other person to impersonate a law enforcement officer of the United States, this state or any of its political subdivisions;

          (g)  Engaged in or permitted any employee to engage in any locksmithing business when not in possession of a valid license under this act;

          (h)  Been found guilty by the commissioner of misconduct, gross negligence or incompetence;

          (i)  Committed any act that is grounds for the denial of an application or a license under this act;

          (j)  Failed to maintain insurance as required by this act; or

          (k)  Engaged in or permitted any employee to engage in any improper, fraudulent or dishonest dealing with the public.

     SECTION 10.  (1)  Any person, partnership, association or corporation who engages in or offers to engage in locksmithing services without a license, or who violates the terms and conditions of any licensure or license or renewal of any license granted by the commissioner pursuant to this act, shall be subject to a civil penalty of no more than Two Thousand Five Hundred Dollars ($2,500.00) per occurrence.

     (2)  Any person, partnership, association or corporation who engages in or offers to engage in locksmithing services without a license, as required by this act, shall be ineligible to apply for a license until twelve (12) months after the violation occurred.

     (3)  In addition to revocation or suspension of a license, a civil penalty of no more than Two Thousand Five Hundred Dollars ($2,500.00) may be assessed by the commissioner against any person, partnership, association or corporation who violates any provision of this act or any rule of the commissioner promulgated pursuant to this act.

     (4)  (a)  It is an offense for a person to knowingly engage in or offer to engage in locksmithing services if:

              (i)  The services are rendered in exchange for compensation; and

              (ii)  The person does not have a valid license to do so.

          (b)  A violation of this subsection is a misdemeanor.

     SECTION 11.  (1)  Any person desiring to be licensed as a locksmith shall submit a written application to the commissioner on the form prescribed by the commissioner.  The applicant must provide a street address and zip code at which a summons may be served, except that a walk-in shop open to the public is not required.  The application shall contain details of the applicant's training, experience and other qualifications relevant to locksmithing.  An application fee, as set by the commissioner, must accompany the application.  The application must be accompanied by the following documents:

          (a)  Proof that the applicant is at least eighteen (18) years of age;

          (b)  Sets of classifiable fingerprints on standard application cards;

          (c)  A recent color photograph of acceptable quality for identification;

          (d)  Proof of a valid business license for each business entity for the county and city in which the business is located or alternatively, proof of employment by an association, corporation, partnership, institution or government agency exempt from paying privilege taxes and a notarized statement that no locksmithing services are being offered directly to the public;

          (e)  Proof of insurance as required by Section 8 of this act;

          (f)  Proof that the applicant has passed an examination approved by the commissioner pursuant to Section 6 of this act; however, this requirement does not apply to any person who shows satisfactory proof to the commissioner that, on July 1, 2011, the person has the equivalent of, as determined by the commissioner, at least five (5) years of full-time locksmithing experience.  If the person is a sole proprietor or an owner of a locksmith shop or business, proof may be established by providing to the commissioner the municipal or county business license, sales tax identification number or federal tax identification number of the business together with the date the license or tax identification number for the locksmithing shop or business was obtained and other information that the commissioner may require for the commissioner to reasonably determine the applicant's locksmithing experience.  If the person is an employee, partner or officer of a locksmithing shop or business, the proof shall be established by the owner of the shop or business certifying to the commissioner the number of years the person has been a locksmith or employed by the owner as a locksmith and a description of the duties of the employee, partner or officer.  If the person has not been associated with a shop or business or has been employed by a locksmith owner for fewer than five (5) years, the person must provide the names of previous locksmithing shops or businesses with which the person was associated or for whom the person has been employed; and

          (g)  Statements of any criminal record.  Certain criminal convictions may disqualify an applicant for licensure as a locksmith; however, rehabilitation of individuals with a criminal record or records may be considered in the commissioner's discretion.  Persons convicted of offenses involving fraud or theft are not entitled to licensure as a locksmith.

     (2)  Applications must disclose any and all persons, firms, associations, corporations or other entities that own or control ten percent (10%) or greater interest in the applicant's business. The applicant shall submit an affidavit accompanying the application stating whether or not any of the persons, associations, corporations or other entities with a ten percent (10%) or greater interest in the locksmith company have been convicted of a felony.  If the individual or entity has been convicted of a felony, the commissioner may deny the application.

     (3)  If the application is satisfactory to the commissioner, then the commissioner shall issue the locksmith license.  Included in the documents issued by the commissioner must be a photo identification card, on which shall be provided the locksmith's name, address, license number and the expiration date of the license.  The photo identification card must be carried by the locksmith at all times when performing duties as a licensed locksmith and must be shown upon request.  The commissioner may enter into an agreement with any state agency for the production or distribution of the photo identification cards.

     (4)  Each locksmith license shall expire on the last day of the twenty-fourth month following its issuance or renewal and shall become invalid on that date unless renewed.

     (5)  The commissioner shall notify every person licensed under this act of the date of expiration of the person's certificate of license and the fee required for its renewal for two (2) years.  Renewal notices must be mailed to the last known address of the locksmith ninety (90) days before the expiration date of the license.

     (6)  The renewal must be received in the office of the commissioner no less than thirty (30) nor more than sixty (60) days prior to the expiration of the license.

     (7)  The commissioner shall establish a late renewal fee in the event that a locksmith renews a license after the expiration of the license.

     (8)  Locksmith licenses may be renewed up to ninety (90) days after their expiration by payment of the renewal fee plus a penalty established by the commissioner for each month, or portion of a month, which elapses before payment is tendered.  If the renewal payment is not tendered within the specified time frame, the locksmith must submit a new application for licensure as in the case of the issuance of the original license.

     (9)  The commissioner may not grant renewal of a locksmith license until the commissioner has received satisfactory evidence of continuing education completed during the immediately preceding license period.

     (10)  All applications and documents required by subsection (1) must be maintained by the commissioner in accordance with the policies of the Department of Insurance.

     SECTION 12.  (1)  All locksmith apprentices of any sole proprietorship, partnership, corporation, association, public or private institution or state agency with access to records, diagrams, key codes or other sensitive material pertaining to proposed or installed master key systems, any proposed or installed lock or any safe opening procedure must be registered with the commissioner.

     (2)  Any person required to be registered shall make written application to the commissioner on forms prescribed by the commissioner.  The application must disclose the name of the business entity and the names of all locksmiths currently employed by the business entity.  The commissioner shall verify that all named locksmiths are properly licensed locksmiths in the state.  The application must contain details of the applicant's training, experience and other qualifications relevant to locksmithing.  An application fee as set by the commissioner must accompany the application.  The application also must be accompanied by the following documents:

          (a)  Proof that the applicant is at least sixteen (16) years of age;

          (b)  A set or sets of classifiable fingerprints on standard applicant cards;

          (c)  A recent color photograph or photographs of acceptable quality for identification; and

          (d)  Statements of any criminal record.  Certain criminal convictions may disqualify an applicant for registration as a locksmith apprentice; however, rehabilitation of individuals with a criminal record or records may be considered at the commissioner's discretion.  Persons convicted of offenses involving fraud or theft are not entitled to registration as a locksmith apprentice.

     (3)  If the application is satisfactory to the commissioner, then the commissioner shall issue to the applicant a certificate as a registered apprentice.  Included in the documents issued by the commissioner must be a photo identification card on which the commissioner shall state the registrant's name, address, employer, licensure number and the expiration date of the license.  The photo identification card must be carried by the registrant at all times when performing duties as a registered apprentice and must be shown upon request.

     (4)  Each certificate of registration shall expire on the last day of the twenty-fourth month following its issuance or renewal and shall become invalid on that date unless renewed.

     (5)  The commissioner shall notify every person registered under this act by mail of the date of expiration of the person's certificate of registration and the amount of fee required for its renewal for two (2) years.  A renewal notice must be mailed to the last known address of the registrant ninety (90) days before the expiration date of the certificate.

     (6)  The renewal must be received in the office of the commissioner thirty (30) days before the expiration of the certificate.

     (7)  The fee to be paid before the renewal of a certificate of registration after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delinquent; however, the maximum fee for a late renewal may not exceed the normal fee multiplied by two (2).

     (8)  Locksmith apprentice registrations may be renewed up to ninety (90) days after their expiration by payment of the renewal fee plus a penalty established by the commissioner for each month, or portion of a month, which elapses before payment is tendered.  If the renewal payment is not tendered within the specified time frame, the locksmith apprentice must submit a new application for registration as in the case of the issuance of the original registration.

     SECTION 13.  (1)  State agencies, counties, municipalities and all other local governmental entities may not offer locksmithing services to the general public, whether or not a fee is charged.

     (2)  A county, municipality or other local governmental entity may not enact any legislation or promulgate any rules or regulations relating to the licensing of locksmiths required to be licensed under this act.

     (3)  Any resolution, ordinance, law or rules or regulations of any county, municipality or other governmental entity requiring the certifying or licensing of a locksmith, locksmith business or its employees is to be superseded by this act no longer in effect after July 1, 2011.

     (4)  This act does not prevent any county, municipality or other local governmental entity, by legislation, rules or regulations and within the jurisdiction's police power, from requiring locksmith businesses or licensed locksmiths to register their names, addresses and license certificate numbers with the county, municipality or other local jurisdiction within which they operate.  The county, municipality or other local governmental entity also may require that locksmith businesses to give reasonable notice of termination of the licenses of any registered employee.  A fee may not be charged, nor any application required, by any county, municipality or other local governmental entity for the licensure.

     SECTION 14.  The commissioner may establish and collect fees for the preparation of a photo identification card for each locksmith working in this state licensed under this act.

     SECTION 15.  The license number of a locksmith must be displayed prominently on all motor vehicles used in the course of business and all written advertising by the locksmith.

     SECTION 16.  Each sole proprietorship, partnership and corporation providing locksmith services in the state must provide a current and valid locksmith license issued in this state when listing the license in directories and for any other advertising purposes.  Failure to list the license as required by this section is a violation of this act.

     SECTION 17.  This act shall take effect and be in force from and after July 1, 2011.

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