Alabama 2025 Regular Session

Alabama House Bill HB338 Latest Draft

Bill / Introduced Version Filed 02/25/2025

                            HB338INTRODUCED
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HB338
84W3P22-1
By Representative Moore (P)
RFD: Boards, Agencies and Commissions
First Read: 25-Feb-25
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5 84W3P22-1 02/17/2025 KMS (L)cr 2025-799
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First Read: 25-Feb-25
SYNOPSIS:
Under existing law, the Alabama Electronic
Security Board of Licensure is responsible for
licensing and regulating alarm system installers,
locksmiths, and other security professionals.
This bill would expand upon which key
duplication services are excepted from the definition
of a locksmith.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Electronic Security Board of
Licensure; to amend Section 34-1A-1, Code of Alabama 1975, to
expand upon which key duplication services are not included in
the definition of a locksmith.
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: 
"ยง34-1A-1
For the purpose of this chapter, the following terms
have the following meanings unless the context clearly
indicates otherwise:
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indicates otherwise:
(1) ADMINISTRATIVE EMPLOYEE. An individual who engages
in clerical duties for a licensed company, whose work is
restricted to office duties, and who has access to sensitive
client information including, but not limited to, Social
Security numbers, customer privacy codes, customer passwords,
and similar information.
(2) ADMINISTRATIVE FINE. A monetary fine assessed by
the board for unlicensed activity or by an individual,
company, corporation, firm, or business entity.
(3) ALARM MONITORING COMPANY. Any individual, 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.
(4) 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.
(5) 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
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attempt to make a contact utilizing a different telephone
number or electronic address or number.
(6) 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.
(7) 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.
(8) ELECTRONIC ACCESS CONTROL SYSTEM. A system that 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.
(9) HVAC SYSTEM. Heating, ventilation, or air
conditioning devices or mechanisms to provide heating or
cooling to a building or other structure or the devices used
to control the temperature of the heating or cooling devices
in a building or other structure.
(10) INSTALLATION. The initial placement of equipment
or the extension, modification, or alteration of equipment
after initial placement.
(11) LOCKSMITH.
a. An individual or business entity in a commercial,
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a. An individual 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. Installs or services vaults and safety deposit
boxes, including those services performed by safe technicians.
9. Creates or copies Subject to the exception for key
duplication provided in subparagraph b.1., creates transponder
keys and any other automotive keys and electronic operating
devices connected to motor vehicles.
10. Creates or copies Subject to the exception for key
duplication provided in subparagraph b.1., creates key fobs,
proximity keys, smart keys, door and ignition key devices, or
successive electronic or other high security key technology.
11. Uses any other method of bypassing a locking
mechanism of any kind including, but not limited to, shimming
a lock or picking and popping a lock.
b. The term does not include any of the following:
1. An individual or business entity whose activities
are limited to making a duplicate key of an existing key
including, but not limited to, the following:
(i) Transponder keys and any other automotive keys and
electronic operating devices connected to motor vehicles; and
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electronic operating devices connected to motor vehicles; and
(ii) Key fobs, proximity keys, smart keys, door and
ignition key devices, or successive electronic and other high
security key technology .
2. An individual or business entity that does not
advertise providing locksmith services to the public.
3. An individual or business entity that is licensed by
the board on July 1, 2018, 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.
5. An individual operating a licensed towing and
recovery service who does not advertise services as a
locksmith or otherwise perform locksmith services.
6. An individual or business entity who owns or manages
property, or his or her agent, and who does not advertise
services as a locksmith to the public.
(12) 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.
(13) QUALIFYING AGENT. A licensee of the board who
serves in a management and supervisory position with a
company.
(14) SALESPERSON. An individual who, for financial
compensation or in exchange for a thing of value, sells goods
or services to the public on behalf of any company, business,
or other entity that sells, services, or installs alarm
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or other entity that sells, services, or installs alarm
systems, CCTV systems, electronic access control systems, or
mechanical locks.
(15) SERVICE. Necessary repair in order to return the
system to operational condition.
(16) SYSTEM INSTALLER. An individual 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, CCTV systems, electronic access
control systems, or mechanical locking systems for the public
for any type of compensation or in exchange for a thing of
value."
Section 2. This act shall become effective on October
1, 2025.
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