LRB-3298/1
MPG:cjs&kjf:jf
2013 - 2014 LEGISLATURE
April 1, 2014 - Introduced by Senator Wirch. Referred to Committee on Judiciary
and Labor.
SB698,1,4 1An Act to amend subchapter II (title) of chapter 440 [precedes 440.26]; and to
2create
101.862 (4) (o), 440.03 (13) (b) 34m., 440.08 (2) (a) 39r. and 440.27 of the
3statutes; relating to: professional licensure of locksmiths, granting
4rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill establishes a licensure program for locksmiths in Wisconsin to be
administered by the Department of Safety and Professional Services (DSPS).
Under the bill, subject to specific exemptions enumerated below, any person
who, for compensation, performs locksmithing in Wisconsin must be licensed by
DSPS. The bill defines "locksmithing" to mean servicing, installing, originating first
keys for, rekeying, master keying, recoding, recombinating, manipulating,
dismantling, or bypassing a security device. Under the bill, "security device" means
a mechanical or electronic lock or other device used to control access to certain objects
and areas or an intrusion detection device.
The bill requires DSPS to grant a locksmith license to an applicant for licensure
if DSPS determines that certain requirements are met, including that the applicant
satisfies any education, training, or examination requirements established by DSPS
by rule; that, subject to the Wisconsin Fair Employment Law, the applicant does not
have an arrest or conviction record; and that the applicant has not had a license or
other credential to act as a locksmith in any state denied, canceled, revoked, or
surrendered in lieu of revocation unless that license or other credential was later
granted or reinstated.

Under the bill, a locksmith license is not required for any of the following:
1. The servicing, installing, repairing, or rebuilding of a motor vehicle security
device by a motor vehicle manufacturer, dealer, or mechanic, or its employee.
2. The dismantling or otherwise bypassing of a security device in an emergency
by a law enforcement officer, fire fighter, or other emergency response personnel.
3. The duplication of a nonelectronic key or the sale of a security device by the
employee of a retail or hardware store.
4. The installation or removal of a complete security device by a member of the
building or construction trade during residential or commercial new construction or
remodeling, if a building permit is required for the construction or remodeling and
is obtained.
5. The dismantling or otherwise bypassing of a motor vehicle security device
by the employee of a towing service or motor club for the limited purpose of gaining
access to the motor vehicle.
6. The dismantling or otherwise bypassing of a motor vehicle security device
by a person authorized to repossess the motor vehicle or an employee of that person,
for the limited purpose of gaining access to the motor vehicle.
7. The performance of locksmithing under the supervision of a licensed
locksmith by an apprentice in locksmithing, as provided for in the bill, or by a student
enrolled in a program of locksmithing education approved by DSPS.
8. The servicing, installing, repairing, or rebuilding of a security device by an
employee of the manufacturer of that security device.
9. The servicing, installing, repairing, or rebuilding of an intrusion alarm or
other intrusion detection device by an employee of an alarm company or other
company in the intrusion detection industry.
10. The work of a registered or licensed electrician who is acting within the
scope of his or her registration or license.
Under the bill, DSPS is required to keep a register of the names and addresses
of all currently licensed locksmiths, and each licensed locksmith must file with DSPS
a bond or liability policy in an amount determined by DSPS by rule. The bill also
requires the secretary of DSPS to appoint an advisory committee to advise DSPS on
matters relating to the regulation of locksmiths.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB698,1 1Section 1. 101.862 (4) (o) of the statutes is created to read:
SB698,3,22 101.862 (4) (o) A locksmith licensed under s. 440.27 who is engaged in
3installing, repairing, or maintaining electrical wiring, equipment, or systems for a

1security device, as defined in s. 440.27 (1) (d), if the locksmith's work is performed
2within the scope his or her license.
SB698,2 3Section 2. 440.03 (13) (b) 34m. of the statutes is created to read:
SB698,3,44 440.03 (13) (b) 34m. Locksmith.
SB698,3 5Section 3. 440.08 (2) (a) 39r. of the statutes is created to read:
SB698,3,66 440.08 (2) (a) 39r. Locksmith: December 1 of each odd-numbered year.
SB698,4 7Section 4. Subchapter II (title) of chapter 440 [precedes 440.26] is amended
8to read:
SB698,3,99 CHAPTER 440
SB698,3,1010 SUBCHAPTER II
SB698,3,1211 PRIVATE DETECTIVES, PRIVATE
12 SECURITY PERSONS, locksmiths
SB698,5 13Section 5. 440.27 of the statutes is created to read:
SB698,3,14 14440.27 Locksmiths. (1) Definitions. In this section:
SB698,3,1515 (a) "Licensed locksmith" means a person who is licensed under this section.
SB698,3,1616 (b) "Locksmith" means a person who performs locksmithing.
SB698,3,1917 (c) "Locksmithing" means servicing, installing, originating first keys for,
18rekeying, master keying, recoding, recombinating, manipulating, dismantling, or
19bypassing a security device.
SB698,3,2020 (d) "Security device" means any of the following:
SB698,3,2421 1. A mechanical or electronic lock or other device that is used to control access
22to or exit from premises, motor vehicles, safes, vaults, safe deposit boxes, automated
23teller machines, as defined in s. 134.85 (1) (a), or other areas to which access is
24intended to be limited.
SB698,4,2
12. An intrusion detection device, including a burglar alarm or a motor vehicle
2alarm.
SB698,4,5 3(2) License required. Except as provided under sub. (3), no person may, for
4compensation, act as a locksmith in this state unless the person is a licensed
5locksmith.
SB698,4,7 6(3) Exemptions. No license under this section is required to perform any of the
7following activities:
SB698,4,118 (a) The servicing, installing, repairing, or rebuilding of a motor vehicle security
9device by a motor vehicle manufacturer, dealer, or mechanic or an employee of a
10motor vehicle manufacturer, dealer, or mechanic who is acting within the scope of his
11or her employment.
SB698,4,1412 (b) The dismantling or otherwise bypassing of a security device in an
13emergency by a law enforcement officer, fire fighter, or other emergency response
14personnel.
SB698,4,1715 (c) The duplication of a nonelectronic key or the sale of a security device by the
16employee of a retail or hardware store who is acting within the scope of his or her
17employment.
SB698,4,2118 (d) The installation or removal of a complete security device by a member of the
19building or construction trade during residential or commercial new construction or
20residential or commercial remodeling, if a building permit is required for the
21construction or remodeling and is obtained.
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