LEGAL CORNER Legislative Update An overview of the latest locksmith-related activities around the country. By Barry Roberts, Esq. L egislative season is around the corner. State legislators convene meet in the winter months; here’s a rundown on what’s been going on since mid-summer 2014 around the country. Have any questions? Give me a call. My contact informa- tion is below. California S.B. 536 *NOTE: Alarm Company Related - re: Electronic Transactions Last Action: 08/07/2014 Re-referred to Rules pursuant to Assembly Rule 96(a). Existing law, the Alarm Company Act, provides for the licensure and regulation of alarm company operators and the certification and registration of employees of alarm companies, including alarm agents, by the Bureau for Security and Investigative Services within the Department of Consumer Affairs. That act requires that specified agreements entered into by an alarm company pertaining to alarm systems, including, among others, lease agree- ments, monitoring agreements, service agreements, and installation agreements, be in writ- ing. Existing law, the Uniform Electronic Transactions Act (UETA), generally allows parties to contract to conduct transactions by electronic means, imposes specified requirements on electronic transactions in order to comply with the act, and provides specified protections for electronic transactions conducted pursuant to the act. UETA does not apply to certain transactions, including, among others, “home solicitation contracts,” as defined. Existing law provides specified time periods for consumers to cancel a home solicitation contract, and requires specified disclosures and statements, and separately executed cancellation documents in connection with the execution of those contracts. This bill would provide that, notwithstanding certain provisions in UETA excluding home solicitation contracts, contracts for services or other activities authorized by the Alarm Company Act may be conducted by electronic means. The bill would provide that the provisions of UETA would apply to transactions conducted by persons licensed, certi- fied, or registered pursuant to the Alarm Company Act, for purposes authorized by the Alarm Company Act, as specified. The bill would also exclude contracts for services or other activities authorized by the Alarm Company Act from the definition of a home so- licitation contract. The bill would require those electronic contracts for services or other activities authorized by the Alarm Company Act to comply with specified cancellation periods, statements, and disclosures that apply to home solicitation contracts, and would WWW.ALOA.ORG authorize signatures and statements re- quired by those provisions to be provided and transmitted electronically. Georgia Legislative News Georgia State legislators appear interested in addressing locksmith fraud in their state. Faced with ongoing state inaction, Gwinnett County (located just north-east of Atlanta) passed a county licensing ordinance that re- quires a background check and in-person registration. Go Gwinnett! On the state level, ALOA member Taylor W. Fredericks of Arrowhead Lock & Safe Inc. is organizing a new Georgia Chapter of ALOA to spearhead the licensing and as- sist in raising our industry’s standards. He is working with state legislators and ALOA and, in conjunction with the recent media attention on the issue, appears to have their attention. Taylor can be reached at his busi- ness phone at (404) 351-4331, or by email at [email protected] Illinois H.B. 4269 Last Action: 08/15/2014 Governor Ap- proved; Public Act 98-0897 Sponsor: Jerry F. Costello (D - Majority) Committees: House Committee on Veter- ans’ Affairs; House Committee on Tour- ism and Conventions; House Committee on Public Safety: Police and Fire Com- mit; House Committee on Internation- al Trade and Commerce; House Com- mittee on Agriculture and Conservation (Vice-Chairperson) Amends the Criminal Code of 2012 con- cerning criminal fortification of a residence For More Information If you would like more information about ALOA’s legal or legislative issues, or a copy of ALOA’s Model Locksmith Licensing Law, please contact ALOA’s offices in Dallas or contact us directly. DECEMBER 2014 KEYNOTES 53
