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1 New Subparagraph; Office of Professional Licensure and Certification; Technical Professions; Locksmiths. Amend RSA 310-A:1-a, I by inserting after subparagraph (r) the following new subparagraph:
(s) Locksmiths under RSA 323-B:3.
2 New Chapter; Locksmiths. Amend RSA by inserting after chapter 323-A the following new chapter:
CHAPTER 323-B
LOCKSMITHS
323-B:1 Definitions. In this chapter:
I.(a) "Locksmith" means a person engaged in the locksmithing trade, which is defined as the inspection, installation, recombination, rekeying, service, or repair of locks or locking devices.
(b) The definition of locksmith excludes the following:
(1) Recombination or rekeying of locks or cylinders by an employee of a retail or wholesale establishment on that employer's property.
(2) Installation, maintenance, repair, or service of a vending machine.
(3) Duplication or selling of keys or selling of equipment used to duplicate keys at a retail establishment.
(4) Work performed by a person at that person's own residence.
II. "Executive director" means the executive director of the office of professional licensure and certification.
323-B:2 License Required; Penalty.
I. No person shall be engaged in the trade of locksmithing in this state without being issued a valid locksmith license issued by the executive director, which shall allow for the inspection, installation, recombination, rekeying services, or repair of locks or locking devices. No person shall engage in locksmithing, use the title locksmith, or display or use any words, letters, figures, title, advertisement, or other method to indicate said person is a locksmith unless such person has obtained a valid locksmith license from the executive director or is employed by the principal manager of the locksmith business.
II. Any person who shall practice or attempt to practice the trade of locksmithing in this state without a license or who violates any of the provisions of this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
323-B:3 Application for License.
I. To apply for a locksmith license, the following documentation shall be submitted with a completed locksmith license application:
(a) Proof that applicant is at least 21 years old.
(b) Proof of successfully completing coursework at an accredited locksmith school.
(c) Submission to the executive director of a notarized criminal history records release form as provided by the New Hampshire state police, which authorizes the division of state police, to conduct a criminal history records check through its records and through the Federal Bureau of Investigation and authorizes the release of the applicant's criminal records, if any, to the executive director. The applicant shall bear the cost of the criminal history records check.
II. Applications shall be made to the executive director. The application shall include the applicant's name, residence address, business address, and business telephone number, a question as to whether the applicant has been convicted of a felony in any state or jurisdiction, payment of a fee as determined in rules adopted by the executive director, and such other information as the executive director may require.
III. A license shall not be granted when an applicant's criminal history records check show that the applicant has been convicted of a crime of theft, fraud, dishonesty, assault, or other violent crime or offense.
IV. The executive director shall waive the coursework requirement under subparagraph I(b) for an applicant who can prove to the executive director's satisfaction that he or she has been engaged as a locksmith for at least the last 5 years.
323-B:4 Business Licensure. Any licensed locksmith shall, upon written application accompanied by the required fees, receive a license to operate a locksmith business in this state, provided that the business meets all requirements established in the rules adopted by the executive director. In order for a business to be issued a license, the owner, partner, or corporate officer who serves as the day-to-day manager of the business, shall be licensed as a locksmith and shall be the principal manager of the locksmith business.
323-B:5 Rulemaking. The executive director shall adopt rules under RSA 541-A on the following:
I. Procedures and forms for applications, criminal history records checks, and the issuance and renewal, suspension, and reinstatement of a license issued under this chapter.
II. Requirements for issuance of a business license.
III. The establishment of all fees required under this chapter.
2 Effective Date. This act shall take effect July 1, 2020.
Text to be added highlighted in green.
1 New Subparagraph; Office of Professional Licensure and Certification; Technical Professions; Locksmiths. Amend RSA 310-A:1-a, I by inserting after subparagraph (r) the following new subparagraph:
(s) Locksmiths under RSA 323-B:3.
2 New Chapter; Locksmiths. Amend RSA by inserting after chapter 323-A the following new chapter:
CHAPTER 323-B
LOCKSMITHS
323-B:1 Definitions. In this chapter:
I.(a) "Locksmith" means a person engaged in the locksmithing trade, which is defined as the inspection, installation, recombination, rekeying, service, or repair of locks or locking devices.
(b) The definition of locksmith excludes the following:
(1) Recombination or rekeying of locks or cylinders by an employee of a retail or wholesale establishment on that employer's property.
(2) Installation, maintenance, repair, or service of a vending machine.
(3) Duplication or selling of keys or selling of equipment used to duplicate keys at a retail establishment.
(4) Work performed by a person at that person's own residence.
II. "Executive director" means the executive director of the office of professional licensure and certification.
323-B:2 License Required; Penalty.
I. No person shall be engaged in the trade of locksmithing in this state without being issued a valid locksmith license issued by the executive director, which shall allow for the inspection, installation, recombination, rekeying services, or repair of locks or locking devices. No person shall engage in locksmithing, use the title locksmith, or display or use any words, letters, figures, title, advertisement, or other method to indicate said person is a locksmith unless such person has obtained a valid locksmith license from the executive director or is employed by the principal manager of the locksmith business.
II. Any person who shall practice or attempt to practice the trade of locksmithing in this state without a license or who violates any of the provisions of this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
323-B:3 Application for License.
I. To apply for a locksmith license, the following documentation shall be submitted with a completed locksmith license application:
(a) Proof that applicant is at least 21 years old.
(b) Proof of successfully completing coursework at an accredited locksmith school.
(c) Submission to the executive director of a notarized criminal history records release form as provided by the New Hampshire state police, which authorizes the division of state police, to conduct a criminal history records check through its records and through the Federal Bureau of Investigation and authorizes the release of the applicant's criminal records, if any, to the executive director. The applicant shall bear the cost of the criminal history records check.
II. Applications shall be made to the executive director. The application shall include the applicant's name, residence address, business address, and business telephone number, a question as to whether the applicant has been convicted of a felony in any state or jurisdiction, payment of a fee as determined in rules adopted by the executive director, and such other information as the executive director may require.
III. A license shall not be granted when an applicant's criminal history records check show that the applicant has been convicted of a crime of theft, fraud, dishonesty, assault, or other violent crime or offense.
IV. The executive director shall waive the coursework requirement under subparagraph I(b) for an applicant who can prove to the executive director's satisfaction that he or she has been engaged as a locksmith for at least the last 5 years.
323-B:4 Business Licensure. Any licensed locksmith shall, upon written application accompanied by the required fees, receive a license to operate a locksmith business in this state, provided that the business meets all requirements established in the rules adopted by the executive director. In order for a business to be issued a license, the owner, partner, or corporate officer who serves as the day-to-day manager of the business, shall be licensed as a locksmith and shall be the principal manager of the locksmith business.
323-B:5 Rulemaking. The executive director shall adopt rules under RSA 541-A on the following:
I. Procedures and forms for applications, criminal history records checks, and the issuance and renewal, suspension, and reinstatement of a license issued under this chapter.
II. Requirements for issuance of a business license.
III. The establishment of all fees required under this chapter.
2 Effective Date. This act shall take effect July 1, 2020.