AN ACT Relating to Locksmiths and Locks

1 00 RS HB 409/HCS

1 AN ACT relating to locksmiths and locks. 2Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3 SECTION 1. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 4READ AS FOLLOWS: 5As used in Sections 1 and 2 of this Act, unless the context otherwise requires: 6 (1) "Lock" means a mechanical, electromechanical, electronic, or electromagnetic 7 device or similar device, including any peripheral hardware, that is designed to 8 control access from one area to another or that is designed to control the use of 9 the device; and 10 (2) "Locksmith" means any person who directly or indirectly engages in the 11 business of rekeying, installing, opening, or modifying locks or who originates 12 keys for locks. The term does not include a person whose activities are limited to 13 making a duplicate key from an existing key. 14 SECTION 2. A NEW SECTION OF KRS CHAPTER 309 IS CREATED TO 15READ AS FOLLOWS: 16 (1) A locksmith shall comply with the provisions of this section if he or she: 17 (a) Operates the ignition of or operates any lock on a motor vehicle belonging 18 to another; or 19 (b) Opens any door or other means of entrance to any residence or commercial

20 establishment by any method involving an onsite inspection of the door or 21 entrance for another person. 22 (2) Each locksmith shall record the information required by this section in a journal. 23 Information shall be kept in the journal for a minimum of two (2) years from the 24 date of its entry. The locksmith shall make this journal available for inspection by 25 any peace officer upon request. 26 (3) Before making a key or using a device to obtain access, the locksmith shall 27 obtain from the person requesting the key or using a device to obtain access such

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1 identification as a reasonable and prudent person would accept as confirming 2 that person's identity. Reasonable means of identification include, but are not 3 limited to, a current driver's license or nondriver's identification card issued 4 pursuant to KRS 186.412. Where the locksmith is in doubt as to the 5 reasonableness of the identification, the locksmith may require the person to 6 record his thumbprints in the locksmith's journal. 7 (4) Before making a key or using a device to obtain access, the locksmith shall 8 record in his journal the following information: 9 (a) The date the key is made or access is sought; 10 (b) The means used to confirm the identity of the person requesting the key or 11 access under subsection (3) of this section; 12 (c) From the person requesting the key or access, the locksmith shall obtain 13 and record the person's: 14 1. Name; 15 2. Residence address; 16 3. Telephone number; 17 4. Drivers license or nondriver's identification card number; 18 5. Handwritten signature; and 19 (d) Where the key is made or other device is used for opening any door or other

20 means of entrance to any residence or commercial establishment, the 21 locksmith shall also record in the journal the street address of the residence 22 or commercial establishment for which the key is made or other device is 23 used; and 24 (e) Where the key is made or other device is used for operating the ignition of 25 or opening any of the locks on a motor vehicle, the locksmith shall also 26 record in the journal the vehicle identification number, the license plate

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1 number and state of issuance, and the year, make, model, and color of the 2 motor vehicle for which the key is made or other device is used. 3 (5) The provisions of this section shall include, but are not limited to, the making of 4 a key from key codes or impressions. 5 (6) Any person who violates any provision of this section is guilty of a Class B 6 misdemeanor.

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