HB509 By Representatives Whorton (I) and Davis RFD Boards, Agencies and Commissions Rd 1 07-APR-16

SYNOPSIS: Under existing law, the Electronic Security Board of Licensure licenses installers of alarm systems and electronic access control systems and traditional locksmiths.

This bill would further define locksmith to specify the types of services performed by a locksmith and the exclusions from the definitions.

This bill would specify that the term does not include a person or business entity licensed by the board to install or service electronic access control systems.

A BILL TO BE ENTITLED AN ACT

Relating to the Electronic Security Board of Licensure; to amend Section 34-1A-1 of the Code of Alabama 1975, to define locksmith and provide exclusions from the definition.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 34-1A-1 of the Code of Alabama 1975, is amended to read as follows:

§34-1A-1.

"For the purpose of this chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:

"(1) ALARM MONITORING COMPANY. Any person, company, corporation, partnership, or business, or a representative or agency thereof, authorized to provide alarm monitoring services for alarm systems or other similar electronic security systems whether the systems are maintained on commercial business property, public property, or individual residential property.

"(2) ALARM SYSTEM. Burglar alarms, security cameras, or other electrical or electronic device used to prevent or detect burglary, theft, shoplifting, pilferage, and other similar losses. The term does not include any fire detection, fire alarm, or fire communication system.

"(3) ALARM SYSTEM INSTALLER. A person or business entity that offers to undertake, represents itself as being able to undertake, or does undertake the installation, service, or monitoring, of alarm systems for the public for any type of compensation.

"(4) ALARM VERIFICATION. A reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user by telephone or other electronic means to determine whether an alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, if the initial attempted contact is not made, a second reasonable attempt to make a contact utilizing a different telephone number or electronic address or number.

"(5) BURGLAR ALARM. An assembly of equipment and devices, or a single device such as a solid-state unit which plugs directly into an AC line, designed to detect an unauthorized intrusion or an attempted robbery at a protected premises or signal public police or private guards to respond, or both.

"(6) CLOSED CIRCUIT TELEVISION SYSTEM (CCTV). A combination of electronic equipment and devices designed and arranged for the viewing, monitoring, or recording of video signals transmitted from transmitters, such as cameras, to receivers, such as monitors, digital video recorders, and network video recorders (NVR) through a closed cable or other video signal transmission method.

"(7) ELECTRONIC ACCESS CONTROL SYSTEM. A system that is powered by the building's primary power source and is used as a process to grant or deny an individual access to a specific area or object based upon his or her possession of an item, a code, or physical characteristic.

"(8) INSTALLATION. The initial placement of equipment or the extension, modification, or alteration of equipment after initial placement.

"(9) a. LOCKSMITH. A person or business entity that offers to undertake, represents itself as being able to undertake, or does undertake the installation or service of locks for motor vehicles or for residential or commercial use. The term does not include a person whose financial compensation from services as a locksmith for the installation or service of locks for residential use does not exceed five hundred dollars ($500) annually and who does not advertise for his or her services as a locksmith. A person or business entity in a commercial, residential, or automotive setting that does any of the following for compensation or other consideration:

"1. Repairs locks.

"2. Rebuilds locks.

"3. Rekeys locks.

"4. Services locks.

"5. Adjusts locks.

"6. Installs locks or mechanical locking devices.

"7. Installs or services egress controls devices.

"8. Services or installs vaults and safety deposit boxes, including those services performed by safe technicians.

"9. Creates or copies transponder keys and any other automotive keys and electronic operating devices connected to motor vehicles.

"10. Creates or copies key fobs, proximity keys, smart keys, door and ignition key devices, or successive electronic and other high security key technology.

"11. Uses any method to bypass a locking mechanism of any kind in the commercial or residential or automotive setting, including, but not limited to, shimming a lock, picking and popping a lock, or any other method to bypass a locking mechanism.

"b. The term locksmith does not include any of the following:

"1. A person whose activities are limited to making a duplicate key of an existing key.

"2. An individual or business entity that does not advertise services to the public as providing locksmith services.

"3. Individuals or business entities that are currently licensed by the board to install or service electronic access control systems provided any lock being serviced or installed has electronic access control capabilities.

"4. Police, fire, medical or other government or emergency personnel performing activities within the scope of their official duties.

"(10) MONITORING STATION. A location where alarm signals are received as a part of an alarm system and then relayed via operator to law enforcement officials.

"(11) SERVICE. Necessary repair in order to return the system to operational condition."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Electronic Security Board of Licensure

Locksmiths

Building and Construction

Business and Commerce

Licenses and Licensing

Code Amended