0001| HOUSE BILL 331 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| WILLIAM E. PORTER | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO PROFESSIONAL LICENSES; ENACTING THE BURGLAR ALARM | 0012| LICENSING ACT; REQUIRING LICENSURE FOR THE RETAIL SALE, | 0013| INSTALLATION, MAINTENANCE, REPAIR, SERVICE OR MONITORING OF | 0014| BURGLAR ALARMS; CREATING A FUND; PROVIDING PENALTIES; MAKING AN | 0015| APPROPRIATION. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. SHORT TITLE.--This act may be cited as the | 0019| "Burglar Alarm Licensing Act". | 0020| Section 2. DEFINITIONS.--As used in the Burglar Alarm | 0021| Licensing Act: | 0022| A. "board" means the burglar alarm licensing board; | 0023| B. "burglar alarm business" means a person licensed | 0024| by the board to operate a business to sell at retail or | 0025| install, maintain, repair, service or monitor a burglar alarm | 0001| system; | 0002| C. "burglar alarm specialist" means a person | 0003| employed by a burglar alarm business and registered with the | 0004| board to sell at retail or install, maintain, repair, service | 0005| or monitor a burglar alarm system; | 0006| D. "burglar alarm system" means equipment or | 0007| devices assembled for the purposes of detecting and signaling | 0008| when unauthorized intrusion or entry into or onto certain | 0009| premises occurs or signaling a robbery or attempted robbery on | 0010| certain premises and which signals are monitored by personnel | 0011| located away from the premises; and | 0012| E. "person" means an individual or other legal | 0013| entity. | 0014| Section 3. LICENSE REQUIRED.--It is unlawful for any | 0015| person to: | 0016| A. sell at retail or install, maintain, repair, | 0017| service or monitor a burglar alarm system unless that person is | 0018| licensed by the board as a burglar alarm business or registered | 0019| by the board as a burglar alarm specialist under the Burglar | 0020| Alarm Licensing Act; | 0021| B. represent himself as a burglar alarm business or | 0022| burglar alarm specialist unless the person is licensed or | 0023| registered under the Burglar Alarm Licensing Act; or | 0024| C. continue to act as a burglar alarm business or | 0025| burglar alarm specialist if the license or registration issued | 0001| pursuant to the Burglar Alarm Licensing Act has expired or been | 0002| suspended. | 0003| Section 4. EXEMPTION.--Nothing in the Burglar Alarm | 0004| Licensing Act applies to burglar alarm owners who install, | 0005| maintain, repair, service or monitor their own burglar alarm | 0006| system. | 0007| Section 5. BOARD CREATED--MEMBERS--QUALIFICATIONS--TERMS- | 0008| -VACANCIES--REMOVAL.-- | 0009| A. The "burglar alarm licensing board" is created. | 0010| The board is composed of six members. Four members shall be | 0011| representatives from the burglar alarm industry, one member | 0012| shall be the secretary of public safety or his designee, who | 0013| shall serve as chairman of the board, and one member shall be | 0014| from the general public. The governor shall appoint the | 0015| representatives from the burglar alarm industry and the public | 0016| member. The five members appointed by the governor shall serve | 0017| staggered terms; initially, one of the members shall be | 0018| appointed for a term ending July 1, 1998, one for a term ending | 0019| July 1, 1999, one for a term ending July 1, 2000, one for a | 0020| term ending July 1, 2001 and one for a term ending July 1, | 0021| 2002. Thereafter, appointments shall be made for terms of five | 0022| years and be made in such a manner that the terms of no more | 0023| than two board members expire on July 1 of each year. | 0024| Vacancies shall be filled by appointment by the governor for | 0025| the unexpired term within sixty days of the vacancy. Board | 0001| members shall serve until their successors have been appointed | 0002| and qualified. | 0003| B. Members of the board shall be citizens of the | 0004| United States and residents of this state. Burglar alarm | 0005| industry members shall be currently engaged in that business | 0006| and shall have been actively engaged in the industry for at | 0007| least three years immediately preceding appointment. | 0008| C. No board member shall serve more than two full | 0009| or partial terms, consecutive or otherwise. | 0010| D. Any governor-appointed board member who misses | 0011| three consecutive meetings without excuse may be removed as a | 0012| member of the board. | 0013| E. Appointed board members shall serve at the | 0014| pleasure of the governor. | 0015| F. Members of the board shall be reimbursed as | 0016| provided in the Per Diem and Mileage Act for each day | 0017| necessarily spent in the discharge of their duties, but shall | 0018| receive no other compensation, perquisite or allowance. | 0019| Section 6. BOARD--POWERS AND DUTIES.--The board may adopt | 0020| and enforce rules and regulations necessary to carry out | 0021| provisions of the Burglar Alarm Licensing Act and shall: | 0022| A. enforce and administer the provisions of the | 0023| Burglar Alarm Licensing Act; | 0024| B. conduct the examination process for licensure | 0025| and registration and issue licenses and registrations; | 0001| C. review complaints concerning the conduct of a | 0002| burglar alarm business or specialist; | 0003| D. establish a record system for each burglar alarm | 0004| business and burglar alarm specialist licensed or registered | 0005| pursuant to the Burglar Alarm Licensing Act; and | 0006| E. obtain from the department of public safety and | 0007| the federal bureau of investigation information on the criminal | 0008| history of burglar alarm business and specialist applicants. | 0009| Section 7. REQUIREMENTS FOR LICENSURE.--The board shall | 0010| issue a license as a burglar alarm business to an individual or | 0011| other legal entity whose officers, partners or employees | 0012| responsible for the business' operation each: | 0013| A. file a completed application accompanied by | 0014| required fees; | 0015| B. are at least eighteen years of age; | 0016| C. demonstrate six thousand hours experience in the | 0017| burglar alarm industry; | 0018| D. pass an examination administered by the board; | 0019| E. supply all names, addresses, dates of birth, | 0020| social security numbers and fingerprints of owners, partners, | 0021| sole proprietors, officers and specialist employees of the | 0022| burglar alarm business; | 0023| F. have no criminal record; | 0024| G. file and maintain with the board evidence of | 0025| liability insurance; | 0001| H. comply with all other requirements of law as a | 0002| person doing business in the state; and | 0003| I. comply with any additional requirements | 0004| established by the board in regulations adopted pursuant to the | 0005| Burglar Alarm Licensing Act. | 0006| Section 8. REQUIREMENTS FOR REGISTRATION.--The board | 0007| shall issue a registration as a burglar alarm specialist to a | 0008| person employed by a burglar alarm business who: | 0009| A. files a completed application accompanied by the | 0010| required fees; | 0011| B. is at least eighteen years of age; | 0012| C. demonstrates five hundred hours experience in | 0013| the burglar alarm industry; | 0014| D. passes an examination administered by the board; | 0015| E. supplies his name, address, date of birth, | 0016| social security number and fingerprints; | 0017| F. has no criminal record; and | 0018| G. complies with any additional requirements | 0019| established by the board in regulations adopted pursuant to the | 0020| Burglar Alarm Licensing Act. | 0021| Section 9. FEES.--The board shall establish by regulation | 0022| a schedule of reasonable fees for applications, examinations, | 0023| licenses, inspections, renewals, penalties, reinstatements and | 0024| necessary administrative fees; provided that no licensure | 0025| application fee shall exceed five hundred dollars ($500), and | 0001| no registration application fee shall exceed one hundred | 0002| dollars ($100). All fees collected shall be deposited in the | 0003| burglar alarm licensing fund. | 0004| Section 10. LICENSE AND REGISTRATION TERMS AND RENEWAL.-- | 0005| A. The board shall issue burglar alarm licenses and | 0006| registrations for two-year terms as established by rule. The | 0007| board shall revoke a license or registration not renewed within | 0008| one month following its expiration. | 0009| B. The burglar alarm license shall be displayed in | 0010| a conspicuous place in the principal place of business. | 0011| C. A burglar alarm business or specialist shall | 0012| notify the board within thirty days after any change in the | 0013| licensee's or registrant's address or any other information | 0014| required by the board under conditions of the license or | 0015| registration. | 0016| D. No burglar alarm license or registration is | 0017| transferable or reassignable. | 0018| Section 11. BOND REQUIRED.-- | 0019| A. No license shall be issued under the Burglar | 0020| Alarm Licensing Act unless the applicant files with the board a | 0021| surety bond in the sum of fifty thousand dollars ($50,000). | 0022| The bond shall run to the people of the state of New Mexico, | 0023| shall be executed and acknowledged by the applicant as | 0024| principal and by a corporation that is licensed by the | 0025| superintendent of insurance to transact the business of | 0001| fidelity and surety insurance, as surety. | 0002| B. The surety bond shall provide for suit by any | 0003| person who has a cause of action under the Burglar Alarm | 0004| Licensing Act or rules and regulations established pursuant to | 0005| that act. | 0006| C. No action shall be brought upon any bond after | 0007| the expiration of three years from the date of the occurrence | 0008| of the act upon which a claim is based. | 0009| D. The bond shall be continuous in form and remain | 0010| in full force and effect concurrently with the license and any | 0011| renewals unless terminated or canceled by action of the surety. | 0012| E. Upon the filing of thirty days' written notice | 0013| with the board by any surety company of its withdrawal as the | 0014| surety of any licensee, the board shall give notice by | 0015| certified mail to the licensee of the withdrawal. The license | 0016| of any licensee shall be void upon the termination of the bond | 0017| by the surety company unless, prior to termination, a new bond | 0018| has been filed with the board. | 0019| F. Should the license of any company to transact | 0020| fidelity and surety insurance business in this state be | 0021| canceled, revoked or otherwise terminated, all burglar alarm | 0022| business bonds for which such surety company is surety are | 0023| canceled. Upon the cancellation, the license of any burglar | 0024| alarm business having a bond posted is suspended and shall | 0025| remain suspended until a new and valid bond is filed; provided, | 0001| however, that failure of any such licensee to file a new bond | 0002| within thirty days after being advised by the board in writing | 0003| of the necessity of doing so shall revoke the license. | 0004| Section 12. DENIAL, SUSPENSION OR REVOCATION OF LICENSE.- | 0005| -In accordance with procedures set forth in the Uniform | 0006| Licensing Act, the board may deny, suspend or revoke any | 0007| license held or applied for under the Burglar Alarm Licensing | 0008| Act upon grounds that the licensee or applicant: | 0009| A. made a false statement or gave false information | 0010| in connection with an application for a license or renewal or | 0011| reinstatement of a license; | 0012| B. violated any provision of the Burglar Alarm | 0013| Licensing Act; | 0014| C. violated any rule or regulation of the board | 0015| adopted pursuant to the Burglar Alarm Licensing Act; | 0016| D. has been convicted of a felony or any crime | 0017| involving moral turpitude or illegally using, carrying or | 0018| possessing a deadly weapon; | 0019| E. impersonated, or permitted or aided and abetted | 0020| an employee of a burglar alarm business to impersonate, a law | 0021| enforcement officer or employee of the United States or of any | 0022| state or political subdivision; | 0023| F. committed or permitted any employee of a burglar | 0024| alarm business to commit any act while the license was expired | 0025| that would be cause for the suspension or revocation of a | 0001| license or grounds for the denial of an application for a | 0002| license; | 0003| G. has been chronically or persistently inebriated | 0004| or addicted to the illegal use of dangerous or narcotic drugs; | 0005| H. has been adjudged mentally incompetent or | 0006| insane; or | 0007| I. while unlicensed or under suspended license, | 0008| represented himself as a licensed burglar alarm specialist | 0009| pursuant to the Burglar Alarm Licensing Act. | 0010| Section 13. LOCAL REGULATIONS.--Nothing in the Burglar | 0011| Alarm Licensing Act shall prevent the governing body of any | 0012| county or municipality or incorporated city, town or village | 0013| from enacting and enforcing local ordinances not in conflict | 0014| with the Burglar Alarm Licensing Act upon any burglar alarm | 0015| business or specialist. | 0016| Section 14. FUND ESTABLISHED.--The "burglar alarm | 0017| licensing fund" is established in the state treasury. All | 0018| license fees received by the board pursuant to the Burglar | 0019| Alarm Licensing Act shall be deposited in the fund and shall be | 0020| used by the board for the administration of that act. The | 0021| state treasurer shall invest the fund as other state funds are | 0022| invested, and all income derived from the fund shall be | 0023| credited to the fund. All money in the fund is appropriated to | 0024| the board for expenditure to carry out provisions of the | 0025| Burglar Alarm Licensing Act. Disbursements from the fund shall | 0001| be drawn by the secretary of finance and administration | 0002| pursuant to vouchers signed by the chairman of the board or his | 0003| authorized representative. All balances in the fund shall | 0004| remain in the fund and shall not revert to the general fund. | 0005| Section 15. PENALTIES.-- | 0006| A. A person who fraudulently represents himself to | 0007| be a burglar alarm business or specialist is guilty of a | 0008| misdemeanor and shall be punished by a definite term of | 0009| imprisonment less than one year or a fine of not more than one | 0010| thousand dollars ($1,000) or both. | 0011| B. A person who violates a provision of the Burglar | 0012| Alarm Licensing Act, except as provided for in Subsection A of | 0013| this section, is guilty of a misdemeanor and shall be punished | 0014| by a definite term of imprisonment of not more than six months | 0015| or by a fine of not more than five hundred dollars ($500) or | 0016| both. | 0017|  |