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                                                                                                                     11/7/2008                                               To the Board of D.C.J.S. and Private Security Services                                               Item 1    Code of VA.    9.1-101                

Definitions:              Administration of Criminal Justice means performance of any activity directly involving the detection, apprehension, detention, pretrial, post-trial release, prosecution, adjudication, correctional, supervision, or rehabilitation of accused persons or criminal offenders or the collection, storage and dissemination of criminal history record information.

Item 2     Code of VA    9.1-102

Powers and Duties of the Board and the Department

In this document there are 22 items on page 1-2 of these duties, the first 14 descriptions involve law enforcement and police department the remaining 8 refer to training information and policy and procedures.

Item   3   Guidelines for Developing a Criminal Justice Committee U.S. Department of Criminal Justice.2002

(Quote)  “By design the powers of the Criminal Justice System are separate across different parts of Government. The U.S. Constitution and the Virginia Constitution establish a separation of powers and checks and balances to ensure that the branches of Government that create laws, enforce laws and interpret laws are deliberately held apart from one another. Additionally these responsibilities are deliberately distributed among three different levels of Government-Federal, State, and Local.

This law HB-462 License of Locksmiths is not a new idea for those of you that may be new to this information. There was an attempt to do the very same thing in 1994 and the Governors office had the courtesy to hold public meetings to that effect in many localities around the state. This law on the other hand was conceived amongst a much smaller group of individuals that had other motivations than the safety of the people in mind which has left this law with no true direction to address the problems that do affect the safety and welfare of the public. Instead it has become an overburden intrusive confusing mess of regulations given to an agency that forms and interprets this law to fit into their policy and put guide lines on an industry that they have no idea of what we as Locksmiths do or have been doing for more years than their existence.

                 This law should stand as it was intended for the purpose to license and provide background check on this industry, but not in the D.C.J.S. Their placement of the Locksmith profession in with the title of security services business and a pile of regulation that border on anti commerce law and interstate business has me very concerned with their effects on small business. Based on the time frame of 1994 till January 2008 our legislators had not seen fit to introduce any bill to address this so called problem in this industry. Now we are faced with what has been called Emergency Legislation for locksmiths by an agency that has had the time to conspire with these persons on the method that could be adopted for it to become law but could not find the time to have public notices placed in the news papers. This agency has far reaching plans for our industry and apparently believes that the world runs on E Mail. This is not recognized as a means of notification.                                                                                                 They failed in this action to notify the industry because they failed to understand how we function. Most Locksmiths do not have complete internet access if they have it at all. That has left the Locksmith industry in an emergency of its own. We now have to comply with the law or be fined, threatened, or shut down.                           Their interpretation of National Service Providers is as confusing as the rest of their policy. When you license a Locksmith, and he follows good business practices in the performance of his duty as the responsible party to the end user, it should not matter from where the call had been initiated.

                                                                                                                                                I address this law and the department that has become the enforcement arm and to whom we must deal with in a very distrusting manner, because of their admitted hand in the formation of this law or its placement in their department.                                                        The definition of the word Locksmith in the regulation leaves me in a completely confused state. Webster’s definition of the word Locksmith (a person whose work is making or repairing locks and keys) Even Webster would be confused by the definition used in this regulation.                                                                                       Example: Definition of Locksmith in the regulations; Means any individual that performs Locksmith services or advertises or represents to the general public that the individual is a Locksmith even if the specific term Locksmith is substituted with any other term by which a reasonable person could construe that the individual possesses special skills relating to locks or locking devices including use of the words lock technician etc; etc; etc:

           In the Exception Category: No.13-22-25-26-27- You have excluded contractors, maintenance person, hardware, and box store, like Lowe’s and Home Depot. I realize that you did not name them as such so let me call them True Value hardware for this purpose of making a point.

If a person went to a True Value Store and asked if they could sell me a door lock and fit it to my house key and the store clerk said that they could,   would not a reasonable person construe that the individual had special skills related to locks or locking devises?

            This law is a disgrace to the State of Virginia and should be stopped from any further action until it can be presented to the majority of the locksmith industry and not the select few. The D.C. J.S. has stated that this law would effect about 350 to 1000 locksmiths which was a number given to them by the locksmith association, but in their filing of the fiscal impact report they stated that it would effect 26,000 to 30,000 of the Private Security Services Businesses. This would imply or at least leave me to believe that this is and was passed as a tax bill which seems to become the end result of the use of lobbyists and special interest groups that spent $50,000.00 to make law instead of writing a law for its intended purpose.                                                                                                      The Virginia Attorney General office received this emergency Regulation                                   (6 VAC 20-171, et seq.) on June 6-2008 and gave its response on June 10-2008 and had determined that the Regulations were in fact within constitutional boundaries.

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