08 LC 37
0687ER
House
Bill 1381
By:
Representative Chambers of the
81st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 43 of the Official Code of Georgia Annotated, relating to
professions and businesses, so as to require locksmiths to be licensed or
registered by the Secretary of State; to provide definitions; to provide for
bonds; to provide for bond requirements; to provide for suspension of license
process and appeal; to provide for regulation; to provide for license fees; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by adding a new chapter to read as follows:
"CHAPTER
52
43-52-1.
On
and after July 1, 2008, it shall be prohibited for any person to transact
business in this state as a locksmith unless such person is licensed or
registered as such by the Secretary of State.
43-52-2.
As
used in this chapter, the term 'locksmith' means any person who:
(1)
Repairs and opens locks, makes keys, and changes lock combinations;
(2)
Disassembles locks, such as door locks, padlocks, and safe locks, and repairs or
replaces worn tumblers, springs, and other parts;
(3)
Changes pin tumblers and inserts new pin tumblers into locks to change the
combination;
(4)
Cuts new keys by code and duplicates keys using a key cutting
machine;
(5)
Installs panic hardware;
(6)
Moves lock picks in cylinders to open door locks without keys;
(7)
Keeps records of key codes, locks, and keys;
(8)
Installs new locks and door closers and repairs and services door closers;
or
(9)
Holds himself or herself out as a locksmith.
43-52-3.
(a)
Each licensed locksmith shall provide the Secretary of State with a bond, and
such bond shall meet the requirements of subsection (b) of this Code section.
Except as otherwise provided in subsection (b) of this Code section, the
Secretary of State shall not license or register any locksmith unless the
applicant or registrant provides the Secretary of State with a
bond.
(b)
Bond requirements for locksmiths:
(1)
Shall be continuous in nature and shall be maintained at all times as a
condition of licensure;
(2)
Shall be in the principal sum of $25,000.00 or such greater sum as the Secretary
of State may require; and
(3)
Shall be for a term and in a form satisfactory to the Secretary of State, shall
be issued by a bonding company or insurance company authorized to do business in
this state and approved by the Secretary of State, and shall run to the State of
Georgia for the benefit of any person damaged by noncompliance of a licensee
with this chapter or with any condition of such bond. Damages under the bond
shall include moneys owed to the Secretary of State for fees, fines, or
penalties. Such bond shall be continuously maintained thereafter in full force.
Such bond shall be conditioned upon the applicant or the licensee conducting his
or her licensed business in conformity with this chapter and all applicable
laws.
(c)
As an alternative to a bond, an applicant or a licensee may supply an
irrevocable letter of credit from a federally insured financial institution in
form and terms acceptable and payable to the Secretary of State.
(d)
Any person, including the Secretary of State, who may be damaged by
noncompliance of a licensee with any condition of a bond or this chapter may
proceed on such bond against the principal or surety thereon, or both, to
recover damages.
(e)
The Secretary of State may suspend or revoke an original or renewal license or
registration on any ground on which it might refuse to issue an original license
or registration or for a violation of any provision of this title or any rule or
regulation issued under this title, including failure to provide fees on a
timely basis, or for failure of the licensee or registrant to pay, within 30
days after it becomes final, a judgment recovered in any court within this state
by a claimant or creditor in an action arising out of the licensee´s or
registrant´s business in this state as a locksmith or for violation of a
final order previously issued by the Secretary of State.
(f)
Notice of the Secretary of State´s intention to enter an order denying an
application for a license or registration under this chapter or of an order
suspending or revoking a license or registration under this chapter shall be
given to the applicant, licensee, or registrant in writing, sent by registered
or certified mail or statutory overnight delivery addressed to the principal
place of business of such applicant, licensee, or registrant. Within 20 days of
the date of the notice of intention to enter an order of denial, suspension, or
revocation under this chapter, the applicant, licensee, or registrant may
request in writing a hearing to contest the order. If a hearing is not
requested in writing within 20 days of the date of such notice of intention, the
department shall enter a final order regarding the denial, suspension, or
revocation. Any final order of the Secretary of State denying, suspending, or
revoking a license or registration shall state the grounds upon which it is
based and shall be effective on the date of issuance. A copy thereof shall be
forwarded promptly by registered or certified mail or statutory overnight
delivery addressed to the principal place of business of such applicant,
licensee, or registrant.
(g)
A licensee or registrant may, at the discretion of and with the consent of the
Secretary of State, agree to a voluntary suspension of its license or
registration for a period of time to be agreed upon by the parties. Such order
of suspension shall be considered a final order and shall be forwarded to the
licensee or registrant in the same manner as any other final order. Grounds for
such a voluntary suspension shall be the same as provided in subsection (e)
of this Code section, and the licensee or registrant may waive its right to an
administrative hearing before issuance of the suspension.
(h)
A decision of the Secretary of State denying a license or registration
application, original or renewal, shall be conclusive, except that it may be
subject to judicial review.
(i)
Whenever a person subject to an order of the Secretary of State fails to comply
with the terms of such order which has been properly issued, the Secretary of
State upon notice of three days to such person may, through the Attorney
General, petition the principal court for an order directing such person to obey
the order of the Secretary of State within the period of time fixed by the
court. Upon the filing of such petition, the court shall allow a motion to show
cause why such motion should not be granted. Whenever, after a hearing upon the
merits or after failure of such person to appear when ordered, it shall appear
that the order of the Secretary of State was properly issued, the court shall
grant the petition of the Secretary of State.
(j)
Whenever the Secretary of State initiates an administrative action against a
current licensee, the department may pursue that action to its conclusion
despite the fact that a licensee may withdraw its license or fail to renew
it.
(k)
The Secretary of State may, by regulation, prescribe annual fees to be paid by
licensees and registrants, which fees shall be set at levels necessary to defray
costs and expenses incurred by the state in providing the examinations and
supervision required by this chapter."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.