46 | | - | defined in this Chapter. 33 General Assembly Of North Carolina Session 2025 |
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47 | | - | Page 2 House Bill 829-First Edition |
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48 | | - | (4) Locksmith. – A person who has been issued a license by the Board. In order 1 |
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49 | | - | to engage in the practice of locksmith services, a locksmith must own, be 2 |
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50 | | - | employed by, or otherwise be an agent of a locksmith business. 3 |
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51 | | - | (4a) Locksmith business. – A corporation, company, firm, association, or sole 4 |
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52 | | - | proprietorship that provides locksmith services to the public. 5 |
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53 | | - | (5) Locksmith services. – Services that include repairing, rebuilding, rekeying, 6 |
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54 | | - | repinning, servicing, adjusting, or installing locks, mechanical or electronic 7 |
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55 | | - | locking devices, access control devices, egress control devices, safes, vaults, 8 |
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56 | | - | and safe-deposit boxes for compensation or other consideration, including 9 |
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57 | | - | services performed by safe technicians. The definition also includes any 10 |
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58 | | - | method of bypassing a locking mechanism of any kind, whether in a 11 |
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59 | | - | commercial, residential, or automotive setting, for compensation. 12 |
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60 | | - | (6) Locksmith tools. – Any tools that are designed or used to open a mechanical 13 |
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61 | | - | or electrical locking device in a way other than that which was intended by 14 |
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62 | | - | the manufacturer." 15 |
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63 | | - | SECTION 1.(c) G.S. 74F-7 reads as rewritten: 16 |
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64 | | - | "§ 74F-7. Qualifications for license. 17 |
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65 | | - | (a) An applicant shall be licensed as a locksmith if the applicant meets all of the following 18 |
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66 | | - | qualifications: 19 |
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67 | | - | (1) Is of good moral and ethical character, as evidenced in part by a criminal 20 |
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68 | | - | history record check conducted in accordance with G.S. 74F-18. 21 |
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69 | | - | (2) Is at least 18 years of age. 22 |
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70 | | - | (3) Successfully completes an examination administered by the Board that 23 |
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71 | | - | measures the knowledge and skill of the applicant in locksmith services and 24 |
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72 | | - | the laws applicable to licensed locksmiths. 25 |
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73 | | - | (4) Pays the required fee under G.S. 74F-9. 26 |
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74 | | - | Applications for locksmith license shall be made on forms provided by the Board and shall 27 |
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75 | | - | be accompanied by the application fee under G.S. 74F-9. 28 |
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76 | | - | (b) An applicant for locksmith business license shall submit all of the requirements to the 29 |
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77 | | - | Board: 30 |
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78 | | - | (1) If the applicant is a corporation or company, articles of incorporation or 31 |
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79 | | - | organization with the North Carolina Secretary of State. 32 |
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80 | | - | (2) An Employer Identification Number (EIN) from the Internal Revenue Service. 33 |
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81 | | - | (3) Mailing address in the State of North Carolina. 34 |
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82 | | - | (4) Required locksmith business license fee as established in G.S. 74F-9. 35 |
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83 | | - | (5) The names and contact information for all individuals performing locksmith 36 |
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84 | | - | services on behalf of the locksmith business or working under the direct 37 |
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85 | | - | control or supervision of a locksmith working for the locksmith business. 38 |
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86 | | - | Applications for locksmith business license shall be made on forms provided by the Board 39 |
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87 | | - | and filed with the Board by the owner, a partner, a member of the limited liability company, or 40 |
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88 | | - | an officer of the corporation and shall be accompanied by the application fee under G.S. 74F-9. 41 |
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89 | | - | (c) If a locksmith business is solely owned by a natural person, that person must be 42 |
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90 | | - | licensed by the Board as a locksmith. If it is owned by a partnership, at least one partner must be 43 |
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91 | | - | licensed by the Board as a locksmith. If it is owned by a corporation, the president, vice-president, 44 |
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92 | | - | or the chairman of the board of directors must be licensed by the Board as a locksmith. If it is 45 |
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93 | | - | owned by a limited liability company, at least one member must be licensed by the Board as a 46 |
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94 | | - | locksmith. The licensee required by this subsection must be actively engaged in the operation of 47 |
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95 | | - | the locksmith business." 48 |
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96 | | - | SECTION 1.(d) G.S. 74F-7.1 reads as rewritten: 49 |
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97 | | - | "§ 74F-7.1. Apprentices. 50 General Assembly Of North Carolina Session 2025 |
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98 | | - | House Bill 829-First Edition Page 3 |
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99 | | - | (a) An applicant may receive an apprentice designation if the applicant meets all of the 1 |
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100 | | - | following requirements: 2 |
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101 | | - | (1) Is of good moral and ethical character, as evidenced in part by a criminal 3 |
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102 | | - | history record check conducted in accordance with G.S. 74F-18. 4 |
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103 | | - | (2) Is at least 18 years of age. 5 |
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104 | | - | (3) Pays the required fee under G.S. 74F-9. 6 |
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105 | | - | (4) Completes 16 hours of Board-approved technical locksmith training. 7 |
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106 | | - | Applications for an apprentice license shall be made on forms provided by the Board. 8 |
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107 | | - | (b) After an applicant has satisfied the requirements in subsection (a) of this section, the 9 |
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108 | | - | apprentice may practice as an apprentice locksmith under the supervision of a licensed locksmith. 10 |
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109 | | - | The Board shall issue each apprentice a colored badge card that identifies the individual as an 11 |
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110 | | - | apprentice and includes the apprentice designation. designation, which apprentices must display 12 |
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111 | | - | prominently when engaging in locksmith services. The Board shall establish requirements for 13 |
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112 | | - | apprentice supervision. 14 |
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113 | | - | (c) An apprentice may have the apprentice designation for no longer than license shall be 15 |
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114 | | - | valid for three years. On or before the three-year period expires, the apprentice shall may take 16 |
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115 | | - | the locksmith licensure examination administered by the Board. If the apprentice fails to take the 17 |
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116 | | - | examination within the three-year period or fails the examination and does not retake the 18 |
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117 | | - | examination on or before the three-year period expires, the apprentice shall not receive licensure 19 |
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118 | | - | and shall not be granted another apprenticeship.shall be eligible to renew their apprentice license 20 |
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119 | | - | for one additional three-year term by completing a renewal application and submitting it to the 21 |
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120 | | - | Board. 22 |
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121 | | - | (d) If an apprentice terminates employment with a licensed locksmith under which the 23 |
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122 | | - | apprentice originally received his or her apprenticeship, the apprentice shall find employment 24 |
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123 | | - | with another licensed locksmith to maintain the apprentice designation and shall pay a transfer 25 |
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124 | | - | fee pursuant to G.S. 74F-9. Apprentices must notify the Board in writing within 15 days 26 |
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125 | | - | following their termination of employment with their supervising licensed locksmith. 27 |
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126 | | - | Each licensed locksmith shall have no more than two three apprentices at one time. However, 28 |
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127 | | - | a licensed locksmith shall have a 90-day grace period within which to accommodate more than 29 |
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128 | | - | two three apprentices if the apprentice is newly hired as a result of a previous termination of 30 |
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129 | | - | employment or the inability of a licensed locksmith to supervise the apprentice. The licensed 31 |
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130 | | - | locksmith shall contact the Board once within 15 days after the locksmith terminates the 32 |
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131 | | - | additional supervision of an apprentice, and the licensed locksmith shall be legally responsible 33 |
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132 | | - | for the apprentice's work until the Board is notified otherwise." 34 |
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133 | | - | SECTION 1.(e) G.S. 74F-9 reads as rewritten: 35 |
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134 | | - | "§ 74F-9. Fees. 36 |
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135 | | - | The Board shall establish fees not exceeding the following amounts: 37 |
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136 | | - | (1) Issuance of a license $300.00 38 |
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137 | | - | (2) Renewal of a license $300.00 39 |
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138 | | - | (3) Examination $200.00 40 |
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139 | | - | (4) Reinstatement $250.00 41 |
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140 | | - | (5) Late fees $300.00 42 |
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141 | | - | (6) Apprentice license fee $300.00 43 |
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142 | | - | (7) Apprentice transfer fee $25.00.$25.00 44 |
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143 | | - | (8) Business license fee $100.00." 45 |
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144 | | - | SECTION 1.(f) G.S. 74F-15 reads as rewritten: 46 |
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145 | | - | "§ 74F-15. Disciplinary procedures. 47 |
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146 | | - | (a) The Board may deny or refuse to issue or renew, suspend, or revoke a license or 48 |
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147 | | - | apprenticeship designation if the licensee, apprentice, or applicant: 49 |
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148 | | - | (1) Gives false information to or withholds information from the Board in 50 |
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149 | | - | procuring or attempting to procure a license. 51 General Assembly Of North Carolina Session 2025 |
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150 | | - | Page 4 House Bill 829-First Edition |
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151 | | - | (2) Has been convicted of or pled guilty or no contest to any of the crimes listed 1 |
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152 | | - | in G.S. 74F-18(a)(2). 2 |
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153 | | - | (3) Has demonstrated gross negligence, incompetency, or misconduct in 3 |
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154 | | - | performing locksmith services. 4 |
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155 | | - | (4) Has willfully violated any of the provisions of this Chapter.Chapter or any 5 |
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156 | | - | rules promulgated by the Board. 6 |
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157 | | - | (b) The Board may assess the costs of disciplinary action, including attorneys' fees, 7 |
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158 | | - | against an applicant or licensee found to be in violation of this Chapter or rules adopted by the 8 |
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159 | | - | Board. 9 |
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160 | | - | (c) The Board may place on probation, refuse to issue or renew, suspend, or revoke a 10 |
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161 | | - | locksmith business license when an owner, partner, manager, member, operator, officer, licensee, 11 |
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162 | | - | apprentice, or other individual under the direct control and supervision of a licensed locksmith 12 |
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163 | | - | working for the locksmith business violates any provision of this Article or any rule of the 13 |
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164 | | - | Board." 14 |
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165 | | - | SECTION 1.(g) G.S. 74F-16 reads as rewritten: 15 |
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166 | | - | "§ 74F-16. Exemptions. 16 |
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167 | | - | The provisions of this Chapter do not apply to: 17 |
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168 | | - | (1) An employee of a licensed locksmith when acting under the direct control and 18 |
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169 | | - | supervision of the licensed locksmith. For purposes of this subdivision, "direct 19 |
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170 | | - | control and supervision" means that a licensed locksmith is required to 20 |
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171 | | - | physically accompany the employee to the premises where locksmith services 21 |
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172 | | - | are to be performed.performed and remain present at all times that the 22 |
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173 | | - | employee is engaged in the practice of locksmith services. 23 |
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174 | | - | (1a) An employee of a locksmith company performing administrative duties only. 24 |
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175 | | - | For purposes of this section, "administrative duties" means managing the daily 25 |
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176 | | - | operations of an office in a locksmith company, including performing clerical 26 |
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177 | | - | tasks, answering telephones, and greeting customers. 27 |
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178 | | - | (2) A person working as an apprentice pursuant to G.S. 74F-7.1. 28 |
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179 | | - | (3) A person or business required to be licensed or registered by the North 29 |
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180 | | - | Carolina Alarm Systems Licensing Board pursuant to Chapter 74D of the 30 |
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181 | | - | General Statutes, when acting within the scope and course of the alarm 31 |
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182 | | - | systems license or registration. 32 |
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183 | | - | (4) A person or business providing any of the following services so long as the 33 |
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184 | | - | person or business does not represent himself, herself, or itself as a locksmith: 34 |
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185 | | - | a. A towing service, or its employee, when providing services in the 35 |
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186 | | - | normal course of its business. 36 |
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187 | | - | b. An automotive repair business, or its employee, when opening a 37 |
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188 | | - | vehicle to perform service on the vehicle. 38 |
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189 | | - | c. A repossessing company, or its employee, while repossessing a 39 |
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190 | | - | vehicle. 40 |
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191 | | - | d. A motor vehicle dealer as defined in G.S. 20-286(11), or a motor club 41 |
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192 | | - | as defined in G.S. 58-69-1 when opening automotive locks in the 42 |
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193 | | - | normal course of the dealer or club's business duties. 43 |
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194 | | - | e. An emergency roadside assistance company, when providing services 44 |
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195 | | - | in the normal course of its business, not to include the production of 45 |
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196 | | - | new or duplicate keys for customers. 46 |
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197 | | - | (5) A property owner, or the owner's employee, when providing locksmith 47 |
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198 | | - | services on the property owner's property, so long as the owner or employee 48 |
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199 | | - | does not represent himself or herself as a locksmith. For purposes of this 49 |
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200 | | - | section, "property" means, but is not limited to, a hotel, motel, apartment, 50 |
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201 | | - | condominium, commercial rental property, and residential rental property. 51 General Assembly Of North Carolina Session 2025 |
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202 | | - | House Bill 829-First Edition Page 5 |
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203 | | - | (6) A merchant, or retail or hardware store, retail store, hardware store, or auto 1 |
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204 | | - | parts store, so long as all of the following apply: 2 |
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205 | | - | a. It is lawfully duplicating keys or installing, servicing, repairing, 3 |
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206 | | - | rebuilding, reprograming, rekeying, or maintaining locks in the normal 4 |
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207 | | - | course of its business. 5 |
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208 | | - | b. It maintains a physical location in this State. 6 |
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209 | | - | c. It maintains a sales and use tax permit in accordance with 7 |
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210 | | - | G.S. 105-164.16. 8 |
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211 | | - | d. It does not represent itself as a locksmith. 9 |
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212 | | - | (7) A member of a law enforcement agency, fire department, or other government 10 |
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213 | | - | agency who, when acting within the scope and course of the member's 11 |
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214 | | - | employment with the agency or department, opens locked doors to vehicles, 12 |
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215 | | - | homes, or businesses. 13 |
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216 | | - | (8) A salesperson while demonstrating the use of locksmith tools to persons 14 |
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217 | | - | licensed under this Chapter. 15 |
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218 | | - | (9) A general contractor licensed under Article 1 of Chapter 87 of the General 16 |
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219 | | - | Statutes when acting within the scope and course of the general contractor 17 |
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220 | | - | license, or an agent or subcontractor of a licensed general contractor when 18 |
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221 | | - | acting within the ordinary course of business. 19 |
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222 | | - | (10) A person or business when lawfully installing or maintaining a safety lock 20 |
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223 | | - | device on a wastewater system when the safety lock device is required by 21 |
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224 | | - | permit or requested by the owner of the wastewater system, provided the 22 |
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225 | | - | person or business does not represent itself as a locksmith. For purposes of 23 |
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226 | | - | this subdivision, "wastewater system" has the same meaning as in 24 |
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227 | | - | G.S. 130A-334. 25 |
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228 | | - | (11) Any person or firm that sells gun safes or locking devices for firearms during 26 |
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229 | | - | the course of the sale of gun safes or locking devices for firearms, so long as 27 |
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230 | | - | the person or firm, or the firm's employee, does not represent himself, herself, 28 |
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231 | | - | or itself as a locksmith. 29 |
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232 | | - | (12) A person while performing a locksmith service in an emergency situation 30 |
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233 | | - | without receiving any compensation for this service and who does not 31 |
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234 | | - | advertise those services." 32 |
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235 | | - | SECTION 1.(h) G.S. 74F-17 reads as rewritten: 33 |
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236 | | - | "§ 74F-17. Injunctions. 34 |
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237 | | - | The Board may apply to the superior court for an order enjoining violations of this Chapter. 35 |
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238 | | - | Upon a showing by the Board that any person has violated this Chapter, the court may grant 36 |
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239 | | - | injunctive relief.relief and may award attorneys' fees and costs to the Board." 37 |
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240 | | - | SECTION 2. The North Carolina Locksmith Licensing Board may adopt rules to 38 |
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241 | | - | implement the provisions of Section 1 of this act. 39 |
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242 | | - | SECTION 3. Section 1 of this act becomes effective October 1, 2025. The remainder 40 |
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243 | | - | of this act is effective when it becomes law. 41 |
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| 45 | + | defined in this Chapter. 33 |
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| 46 | + | (4) Locksmith. – A person who has been issued a license by the Board. In order 34 |
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| 47 | + | to engage in the practice of locksmith services, a locksmith must own, be 35 |
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| 48 | + | employed by, or otherwise be an agent of a locksmith business. 36 |
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| 49 | + | H.B. 829 |
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| 50 | + | Apr 8, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH30299-NN-58 |
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| 53 | + | (4a) Locksmith business. – A corporation, company, firm, association, or sole 1 |
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| 54 | + | proprietorship that provides locksmith services to the public. 2 |
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| 55 | + | (5) Locksmith services. – Services that include repairing, rebuilding, rekeying, 3 |
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| 56 | + | repinning, servicing, adjusting, or installing locks, mechanical or electronic 4 |
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| 57 | + | locking devices, access control devices, egress control devices, safes, vaults, 5 |
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| 58 | + | and safe-deposit boxes for compensation or other consideration, including 6 |
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| 59 | + | services performed by safe technicians. The definition also includes any 7 |
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| 60 | + | method of bypassing a locking mechanism of any kind, whether in a 8 |
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| 61 | + | commercial, residential, or automotive setting, for compensation. 9 |
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| 62 | + | (6) Locksmith tools. – Any tools that are designed or used to open a mechanical 10 |
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| 63 | + | or electrical locking device in a way other than that which was intended by 11 |
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| 64 | + | the manufacturer." 12 |
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| 65 | + | SECTION 1.(c) G.S. 74F-7 reads as rewritten: 13 |
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| 66 | + | "§ 74F-7. Qualifications for license. 14 |
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| 67 | + | (a) An applicant shall be licensed as a locksmith if the applicant meets all of the following 15 |
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| 68 | + | qualifications: 16 |
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| 69 | + | (1) Is of good moral and ethical character, as evidenced in part by a criminal 17 |
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| 70 | + | history record check conducted in accordance with G.S. 74F-18. 18 |
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| 71 | + | (2) Is at least 18 years of age. 19 |
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| 72 | + | (3) Successfully completes an examination administered by the Board that 20 |
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| 73 | + | measures the knowledge and skill of the applicant in locksmith services and 21 |
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| 74 | + | the laws applicable to licensed locksmiths. 22 |
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| 75 | + | (4) Pays the required fee under G.S. 74F-9. 23 |
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| 76 | + | Applications for locksmith license shall be made on forms provided by the Board and shall 24 |
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| 77 | + | be accompanied by the application fee under G.S. 74F-9. 25 |
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| 78 | + | (b) An applicant for locksmith business license shall submit all of the requirements to the 26 |
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| 79 | + | Board: 27 |
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| 80 | + | (1) If the applicant is a corporation or company, articles of incorporation or 28 |
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| 81 | + | organization with the North Carolina Secretary of State. 29 |
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| 82 | + | (2) An Employer Identification Number (EIN) from the Internal Revenue Service. 30 |
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| 83 | + | (3) Mailing address in the State of North Carolina. 31 |
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| 84 | + | (4) Required locksmith business license fee as established in G.S. 74F-9. 32 |
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| 85 | + | (5) The names and contact information for all individuals performing locksmith 33 |
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| 86 | + | services on behalf of the locksmith business or working under the direct 34 |
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| 87 | + | control or supervision of a locksmith working for the locksmith business. 35 |
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| 88 | + | Applications for locksmith business license shall be made on forms provided by the Board 36 |
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| 89 | + | and filed with the Board by the owner, a partner, a member of the limited liability company, or 37 |
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| 90 | + | an officer of the corporation and shall be accompanied by the application fee under G.S. 74F-9. 38 |
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| 91 | + | (c) If a locksmith business is solely owned by a natural person, that person must be 39 |
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| 92 | + | licensed by the Board as a locksmith. If it is owned by a partnership, at least one partner must be 40 |
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| 93 | + | licensed by the Board as a locksmith. If it is owned by a corporation, the president, vice-president, 41 |
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| 94 | + | or the chairman of the board of directors must be licensed by the Board as a locksmith. If it is 42 |
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| 95 | + | owned by a limited liability company, at least one member must be licensed by the Board as a 43 |
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| 96 | + | locksmith. The licensee required by this subsection must be actively engaged in the operation of 44 |
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| 97 | + | the locksmith business." 45 |
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| 98 | + | SECTION 1.(d) G.S. 74F-7.1 reads as rewritten: 46 |
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| 99 | + | "§ 74F-7.1. Apprentices. 47 |
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| 100 | + | (a) An applicant may receive an apprentice designation if the applicant meets all of the 48 |
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| 101 | + | following requirements: 49 |
---|
| 102 | + | (1) Is of good moral and ethical character, as evidenced in part by a criminal 50 |
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| 103 | + | history record check conducted in accordance with G.S. 74F-18. 51 General Assembly Of North Carolina Session 2025 |
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| 104 | + | DRH30299-NN-58 Page 3 |
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| 105 | + | (2) Is at least 18 years of age. 1 |
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| 106 | + | (3) Pays the required fee under G.S. 74F-9. 2 |
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| 107 | + | (4) Completes 16 hours of Board-approved technical locksmith training. 3 |
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| 108 | + | Applications for an apprentice license shall be made on forms provided by the Board. 4 |
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| 109 | + | (b) After an applicant has satisfied the requirements in subsection (a) of this section, the 5 |
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| 110 | + | apprentice may practice as an apprentice locksmith under the supervision of a licensed locksmith. 6 |
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| 111 | + | The Board shall issue each apprentice a colored badge card that identifies the individual as an 7 |
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| 112 | + | apprentice and includes the apprentice designation. designation, which apprentices must display 8 |
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| 113 | + | prominently when engaging in locksmith services. The Board shall establish requirements for 9 |
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| 114 | + | apprentice supervision. 10 |
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| 115 | + | (c) An apprentice may have the apprentice designation for no longer than license shall be 11 |
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| 116 | + | valid for three years. On or before the three-year period expires, the apprentice shall may take 12 |
---|
| 117 | + | the locksmith licensure examination administered by the Board. If the apprentice fails to take the 13 |
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| 118 | + | examination within the three-year period or fails the examination and does not retake the 14 |
---|
| 119 | + | examination on or before the three-year period expires, the apprentice shall not receive licensure 15 |
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| 120 | + | and shall not be granted another apprenticeship.shall be eligible to renew their apprentice license 16 |
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| 121 | + | for one additional three-year term by completing a renewal application and submitting it to the 17 |
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| 122 | + | Board. 18 |
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| 123 | + | (d) If an apprentice terminates employment with a licensed locksmith under which the 19 |
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| 124 | + | apprentice originally received his or her apprenticeship, the apprentice shall find employment 20 |
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| 125 | + | with another licensed locksmith to maintain the apprentice designation and shall pay a transfer 21 |
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| 126 | + | fee pursuant to G.S. 74F-9. Apprentices must notify the Board in writing within 15 days 22 |
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| 127 | + | following their termination of employment with their supervising licensed locksmith. 23 |
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| 128 | + | Each licensed locksmith shall have no more than two three apprentices at one time. However, 24 |
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| 129 | + | a licensed locksmith shall have a 90-day grace period within which to accommodate more than 25 |
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| 130 | + | two three apprentices if the apprentice is newly hired as a result of a previous termination of 26 |
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| 131 | + | employment or the inability of a licensed locksmith to supervise the apprentice. The licensed 27 |
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| 132 | + | locksmith shall contact the Board once within 15 days after the locksmith terminates the 28 |
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| 133 | + | additional supervision of an apprentice, and the licensed locksmith shall be legally responsible 29 |
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| 134 | + | for the apprentice's work until the Board is notified otherwise." 30 |
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| 135 | + | SECTION 1.(e) G.S. 74F-9 reads as rewritten: 31 |
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| 136 | + | "§ 74F-9. Fees. 32 |
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| 137 | + | The Board shall establish fees not exceeding the following amounts: 33 |
---|
| 138 | + | (1) Issuance of a license $300.00 34 |
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| 139 | + | (2) Renewal of a license $300.00 35 |
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| 140 | + | (3) Examination $200.00 36 |
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| 141 | + | (4) Reinstatement $250.00 37 |
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| 142 | + | (5) Late fees $300.00 38 |
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| 143 | + | (6) Apprentice license fee $300.00 39 |
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| 144 | + | (7) Apprentice transfer fee $25.00.$25.00 40 |
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| 145 | + | (8) Business license fee $100.00." 41 |
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| 146 | + | SECTION 1.(f) G.S. 74F-15 reads as rewritten: 42 |
---|
| 147 | + | "§ 74F-15. Disciplinary procedures. 43 |
---|
| 148 | + | (a) The Board may deny or refuse to issue or renew, suspend, or revoke a license or 44 |
---|
| 149 | + | apprenticeship designation if the licensee, apprentice, or applicant: 45 |
---|
| 150 | + | (1) Gives false information to or withholds information from the Board in 46 |
---|
| 151 | + | procuring or attempting to procure a license. 47 |
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| 152 | + | (2) Has been convicted of or pled guilty or no contest to any of the crimes listed 48 |
---|
| 153 | + | in G.S. 74F-18(a)(2). 49 |
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| 154 | + | (3) Has demonstrated gross negligence, incompetency, or misconduct in 50 |
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| 155 | + | performing locksmith services. 51 General Assembly Of North Carolina Session 2025 |
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| 156 | + | Page 4 DRH30299-NN-58 |
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| 157 | + | (4) Has willfully violated any of the provisions of this Chapter.Chapter or any 1 |
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| 158 | + | rules promulgated by the Board. 2 |
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| 159 | + | (b) The Board may assess the costs of disciplinary action, including attorneys' fees, 3 |
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| 160 | + | against an applicant or licensee found to be in violation of this Chapter or rules adopted by the 4 |
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| 161 | + | Board. 5 |
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| 162 | + | (c) The Board may place on probation, refuse to issue or renew, suspend, or revoke a 6 |
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| 163 | + | locksmith business license when an owner, partner, manager, member, operator, officer, licensee, 7 |
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| 164 | + | apprentice, or other individual under the direct control and supervision of a licensed locksmith 8 |
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| 165 | + | working for the locksmith business violates any provision of this Article or any rule of the 9 |
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| 166 | + | Board." 10 |
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| 167 | + | SECTION 1.(g) G.S. 74F-16 reads as rewritten: 11 |
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| 168 | + | "§ 74F-16. Exemptions. 12 |
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| 169 | + | The provisions of this Chapter do not apply to: 13 |
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| 170 | + | (1) An employee of a licensed locksmith when acting under the direct control and 14 |
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| 171 | + | supervision of the licensed locksmith. For purposes of this subdivision, "direct 15 |
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| 172 | + | control and supervision" means that a licensed locksmith is required to 16 |
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| 173 | + | physically accompany the employee to the premises where locksmith services 17 |
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| 174 | + | are to be performed.performed and remain present at all times that the 18 |
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| 175 | + | employee is engaged in the practice of locksmith services. 19 |
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| 176 | + | (1a) An employee of a locksmith company performing administrative duties only. 20 |
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| 177 | + | For purposes of this section, "administrative duties" means managing the daily 21 |
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| 178 | + | operations of an office in a locksmith company, including performing clerical 22 |
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| 179 | + | tasks, answering telephones, and greeting customers. 23 |
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| 180 | + | (2) A person working as an apprentice pursuant to G.S. 74F-7.1. 24 |
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| 181 | + | (3) A person or business required to be licensed or registered by the North 25 |
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| 182 | + | Carolina Alarm Systems Licensing Board pursuant to Chapter 74D of the 26 |
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| 183 | + | General Statutes, when acting within the scope and course of the alarm 27 |
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| 184 | + | systems license or registration. 28 |
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| 185 | + | (4) A person or business providing any of the following services so long as the 29 |
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| 186 | + | person or business does not represent himself, herself, or itself as a locksmith: 30 |
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| 187 | + | a. A towing service, or its employee, when providing services in the 31 |
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| 188 | + | normal course of its business. 32 |
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| 189 | + | b. An automotive repair business, or its employee, when opening a 33 |
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| 190 | + | vehicle to perform service on the vehicle. 34 |
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| 191 | + | c. A repossessing company, or its employee, while repossessing a 35 |
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| 192 | + | vehicle. 36 |
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| 193 | + | d. A motor vehicle dealer as defined in G.S. 20-286(11), or a motor club 37 |
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| 194 | + | as defined in G.S. 58-69-1 when opening automotive locks in the 38 |
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| 195 | + | normal course of the dealer or club's business duties. 39 |
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| 196 | + | e. An emergency roadside assistance company, when providing services 40 |
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| 197 | + | in the normal course of its business, not to include the production of 41 |
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| 198 | + | new or duplicate keys for customers. 42 |
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| 199 | + | (5) A property owner, or the owner's employee, when providing locksmith 43 |
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| 200 | + | services on the property owner's property, so long as the owner or employee 44 |
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| 201 | + | does not represent himself or herself as a locksmith. For purposes of this 45 |
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| 202 | + | section, "property" means, but is not limited to, a hotel, motel, apartment, 46 |
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| 203 | + | condominium, commercial rental property, and residential rental property. 47 |
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| 204 | + | (6) A merchant, or retail or hardware store, retail store, hardware store, or auto 48 |
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| 205 | + | parts store, so long as all of the following apply: 49 General Assembly Of North Carolina Session 2025 |
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| 206 | + | DRH30299-NN-58 Page 5 |
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| 207 | + | a. It is lawfully duplicating keys or installing, servicing, repairing, 1 |
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| 208 | + | rebuilding, reprograming, rekeying, or maintaining locks in the normal 2 |
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| 209 | + | course of its business. 3 |
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| 210 | + | b. It maintains a physical location in this State. 4 |
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| 211 | + | c. It maintains a sales and use tax permit in accordance with 5 |
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| 212 | + | G.S. 105-164.16. 6 |
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| 213 | + | d. It does not represent itself as a locksmith. 7 |
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| 214 | + | (7) A member of a law enforcement agency, fire department, or other government 8 |
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| 215 | + | agency who, when acting within the scope and course of the member's 9 |
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| 216 | + | employment with the agency or department, opens locked doors to vehicles, 10 |
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| 217 | + | homes, or businesses. 11 |
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| 218 | + | (8) A salesperson while demonstrating the use of locksmith tools to persons 12 |
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| 219 | + | licensed under this Chapter. 13 |
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| 220 | + | (9) A general contractor licensed under Article 1 of Chapter 87 of the General 14 |
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| 221 | + | Statutes when acting within the scope and course of the general contractor 15 |
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| 222 | + | license, or an agent or subcontractor of a licensed general contractor when 16 |
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| 223 | + | acting within the ordinary course of business. 17 |
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| 224 | + | (10) A person or business when lawfully installing or maintaining a safety lock 18 |
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| 225 | + | device on a wastewater system when the safety lock device is required by 19 |
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| 226 | + | permit or requested by the owner of the wastewater system, provided the 20 |
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| 227 | + | person or business does not represent itself as a locksmith. For purposes of 21 |
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| 228 | + | this subdivision, "wastewater system" has the same meaning as in 22 |
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| 229 | + | G.S. 130A-334. 23 |
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| 230 | + | (11) Any person or firm that sells gun safes or locking devices for firearms during 24 |
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| 231 | + | the course of the sale of gun safes or locking devices for firearms, so long as 25 |
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| 232 | + | the person or firm, or the firm's employee, does not represent himself, herself, 26 |
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| 233 | + | or itself as a locksmith. 27 |
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| 234 | + | (12) A person while performing a locksmith service in an emergency situation 28 |
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| 235 | + | without receiving any compensation for this service and who does not 29 |
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| 236 | + | advertise those services." 30 |
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| 237 | + | SECTION 1.(h) G.S. 74F-17 reads as rewritten: 31 |
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| 238 | + | "§ 74F-17. Injunctions. 32 |
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| 239 | + | The Board may apply to the superior court for an order enjoining violations of this Chapter. 33 |
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| 240 | + | Upon a showing by the Board that any person has violated this Chapter, the court may grant 34 |
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| 241 | + | injunctive relief.relief and may award attorneys' fees and costs to the Board." 35 |
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| 242 | + | SECTION 2. The North Carolina Locksmith Licensing Board may adopt rules to 36 |
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| 243 | + | implement the provisions of Section 1 of this act. 37 |
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| 244 | + | SECTION 3. Section 1 of this act becomes effective October 1, 2025. The remainder 38 |
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| 245 | + | of this act is effective when it becomes law. 39 |
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