Amended IN Assembly March 22, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 358Introduced by Assembly Member Gallagher FloraFebruary 01, 2021 An act to amend Section 3439.10 835 of the Civil Code, relating to civil law. electrified security fences.LEGISLATIVE COUNSEL'S DIGESTAB 358, as amended, Gallagher Flora. Voidable transactions: remedies: choice of law. Monitored electrified security fences: permitted use.Existing law authorizes an owner of real property to install and operate on their property an electrified security fence that meets specified requirements, including that the fence is used to protect and secure commercial or industrial property. Existing law also requires that the height of the fence not exceed 10 feet and be located behind a perimeter fence that is not less than 6 feet high. Existing law prohibits an owner of real property from installing and operating an electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, existing law requires the installation and operation of the fence to meet both those specified requirements and the requirements of that ordinance.This bill would, instead, authorize the installation and operation of a monitored electrified security fence to protect and secure commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property the use of which is commercial, manufacturing, or industrial. The bill would require the fence to interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both. The bill would require a monitored electrified security fence to be located behind a perimeter fence that is not less than 5 feet in height and establish a height maximum of either 10 feet or up to 2 feet higher than an existing perimeter fence, whichever is greater. The bill would make conforming changes in provisions relating to the local ordinances.Existing law, the Uniform Voidable Transactions Act, generally establishes the conditions under which a transfer made or obligation incurred by a debtor is voidable as to a creditor, and sets forth the remedies of a creditor with respect to a voidable transfer or obligation. Existing law specifies that a covered claim is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred. Existing law specifies, for purposes of these provisions, that a debtors location, if the debtor is an individual, is the individuals principal residence.This bill would instead provide that a debtors location, if the debtor is an individual, is the debtors principal residence or domicile.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 835 of the Civil Code is amended to read:835. (a) As used in this chapter, electrified monitored electrified security fence means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements:(1) The fence is powered by an electrical energizer with both of the following output characteristics:(A) The impulse repetition rate does not exceed 1 hertz (hz).(B) The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.(2) The fence is used to protect and secure commercial or industrial property. commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property, the use of which is commercial, manufacturing, or industrial.(b) An owner of real property may install and operate an a monitored electrified security fence on his or her property their property, subject to all of the following:(1) The property is not located in a residential zone.(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in International Standard IEC 60335, Part 2-76.(3) The fence shall interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary. (3)(4) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.(4)(5) The height of the fence does not exceed 10 feet and is or 2 feet higher than an existing perimeter fence, whichever is greater. The monitored electrified security fence shall be located behind a perimeter fence that is not less than 6 5 feet in height.(c) An owner of real property shall not install and operate an a monitored electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an a monitored electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).SECTION 1.Section 3439.10 of the Civil Code is amended to read:3439.10.(a)In this section, the following rules determine a debtors location:(1)A debtor who is an individual is located at the individuals principal residence or domicile.(2)A debtor that is an organization and has only one place of business is located at its place of business.(3)A debtor that is an organization and has more than one place of business is located at its chief executive office.(b)A claim in the nature of a claim under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
Amended IN Assembly March 22, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 358Introduced by Assembly Member Gallagher FloraFebruary 01, 2021 An act to amend Section 3439.10 835 of the Civil Code, relating to civil law. electrified security fences.LEGISLATIVE COUNSEL'S DIGESTAB 358, as amended, Gallagher Flora. Voidable transactions: remedies: choice of law. Monitored electrified security fences: permitted use.Existing law authorizes an owner of real property to install and operate on their property an electrified security fence that meets specified requirements, including that the fence is used to protect and secure commercial or industrial property. Existing law also requires that the height of the fence not exceed 10 feet and be located behind a perimeter fence that is not less than 6 feet high. Existing law prohibits an owner of real property from installing and operating an electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, existing law requires the installation and operation of the fence to meet both those specified requirements and the requirements of that ordinance.This bill would, instead, authorize the installation and operation of a monitored electrified security fence to protect and secure commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property the use of which is commercial, manufacturing, or industrial. The bill would require the fence to interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both. The bill would require a monitored electrified security fence to be located behind a perimeter fence that is not less than 5 feet in height and establish a height maximum of either 10 feet or up to 2 feet higher than an existing perimeter fence, whichever is greater. The bill would make conforming changes in provisions relating to the local ordinances.Existing law, the Uniform Voidable Transactions Act, generally establishes the conditions under which a transfer made or obligation incurred by a debtor is voidable as to a creditor, and sets forth the remedies of a creditor with respect to a voidable transfer or obligation. Existing law specifies that a covered claim is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred. Existing law specifies, for purposes of these provisions, that a debtors location, if the debtor is an individual, is the individuals principal residence.This bill would instead provide that a debtors location, if the debtor is an individual, is the debtors principal residence or domicile.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 22, 2021
Amended IN Assembly March 22, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 358
Introduced by Assembly Member Gallagher FloraFebruary 01, 2021
Introduced by Assembly Member Gallagher Flora
February 01, 2021
An act to amend Section 3439.10 835 of the Civil Code, relating to civil law. electrified security fences.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 358, as amended, Gallagher Flora. Voidable transactions: remedies: choice of law. Monitored electrified security fences: permitted use.
Existing law authorizes an owner of real property to install and operate on their property an electrified security fence that meets specified requirements, including that the fence is used to protect and secure commercial or industrial property. Existing law also requires that the height of the fence not exceed 10 feet and be located behind a perimeter fence that is not less than 6 feet high. Existing law prohibits an owner of real property from installing and operating an electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, existing law requires the installation and operation of the fence to meet both those specified requirements and the requirements of that ordinance.This bill would, instead, authorize the installation and operation of a monitored electrified security fence to protect and secure commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property the use of which is commercial, manufacturing, or industrial. The bill would require the fence to interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both. The bill would require a monitored electrified security fence to be located behind a perimeter fence that is not less than 5 feet in height and establish a height maximum of either 10 feet or up to 2 feet higher than an existing perimeter fence, whichever is greater. The bill would make conforming changes in provisions relating to the local ordinances.Existing law, the Uniform Voidable Transactions Act, generally establishes the conditions under which a transfer made or obligation incurred by a debtor is voidable as to a creditor, and sets forth the remedies of a creditor with respect to a voidable transfer or obligation. Existing law specifies that a covered claim is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred. Existing law specifies, for purposes of these provisions, that a debtors location, if the debtor is an individual, is the individuals principal residence.This bill would instead provide that a debtors location, if the debtor is an individual, is the debtors principal residence or domicile.
Existing law authorizes an owner of real property to install and operate on their property an electrified security fence that meets specified requirements, including that the fence is used to protect and secure commercial or industrial property. Existing law also requires that the height of the fence not exceed 10 feet and be located behind a perimeter fence that is not less than 6 feet high. Existing law prohibits an owner of real property from installing and operating an electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, existing law requires the installation and operation of the fence to meet both those specified requirements and the requirements of that ordinance.
This bill would, instead, authorize the installation and operation of a monitored electrified security fence to protect and secure commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property the use of which is commercial, manufacturing, or industrial. The bill would require the fence to interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both. The bill would require a monitored electrified security fence to be located behind a perimeter fence that is not less than 5 feet in height and establish a height maximum of either 10 feet or up to 2 feet higher than an existing perimeter fence, whichever is greater. The bill would make conforming changes in provisions relating to the local ordinances.
Existing law, the Uniform Voidable Transactions Act, generally establishes the conditions under which a transfer made or obligation incurred by a debtor is voidable as to a creditor, and sets forth the remedies of a creditor with respect to a voidable transfer or obligation. Existing law specifies that a covered claim is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred. Existing law specifies, for purposes of these provisions, that a debtors location, if the debtor is an individual, is the individuals principal residence.
This bill would instead provide that a debtors location, if the debtor is an individual, is the debtors principal residence or domicile.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 835 of the Civil Code is amended to read:835. (a) As used in this chapter, electrified monitored electrified security fence means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements:(1) The fence is powered by an electrical energizer with both of the following output characteristics:(A) The impulse repetition rate does not exceed 1 hertz (hz).(B) The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.(2) The fence is used to protect and secure commercial or industrial property. commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property, the use of which is commercial, manufacturing, or industrial.(b) An owner of real property may install and operate an a monitored electrified security fence on his or her property their property, subject to all of the following:(1) The property is not located in a residential zone.(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in International Standard IEC 60335, Part 2-76.(3) The fence shall interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary. (3)(4) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.(4)(5) The height of the fence does not exceed 10 feet and is or 2 feet higher than an existing perimeter fence, whichever is greater. The monitored electrified security fence shall be located behind a perimeter fence that is not less than 6 5 feet in height.(c) An owner of real property shall not install and operate an a monitored electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an a monitored electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).SECTION 1.Section 3439.10 of the Civil Code is amended to read:3439.10.(a)In this section, the following rules determine a debtors location:(1)A debtor who is an individual is located at the individuals principal residence or domicile.(2)A debtor that is an organization and has only one place of business is located at its place of business.(3)A debtor that is an organization and has more than one place of business is located at its chief executive office.(b)A claim in the nature of a claim under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 835 of the Civil Code is amended to read:835. (a) As used in this chapter, electrified monitored electrified security fence means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements:(1) The fence is powered by an electrical energizer with both of the following output characteristics:(A) The impulse repetition rate does not exceed 1 hertz (hz).(B) The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.(2) The fence is used to protect and secure commercial or industrial property. commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property, the use of which is commercial, manufacturing, or industrial.(b) An owner of real property may install and operate an a monitored electrified security fence on his or her property their property, subject to all of the following:(1) The property is not located in a residential zone.(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in International Standard IEC 60335, Part 2-76.(3) The fence shall interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary. (3)(4) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.(4)(5) The height of the fence does not exceed 10 feet and is or 2 feet higher than an existing perimeter fence, whichever is greater. The monitored electrified security fence shall be located behind a perimeter fence that is not less than 6 5 feet in height.(c) An owner of real property shall not install and operate an a monitored electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an a monitored electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).
SECTION 1. Section 835 of the Civil Code is amended to read:
### SECTION 1.
835. (a) As used in this chapter, electrified monitored electrified security fence means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements:(1) The fence is powered by an electrical energizer with both of the following output characteristics:(A) The impulse repetition rate does not exceed 1 hertz (hz).(B) The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.(2) The fence is used to protect and secure commercial or industrial property. commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property, the use of which is commercial, manufacturing, or industrial.(b) An owner of real property may install and operate an a monitored electrified security fence on his or her property their property, subject to all of the following:(1) The property is not located in a residential zone.(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in International Standard IEC 60335, Part 2-76.(3) The fence shall interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary. (3)(4) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.(4)(5) The height of the fence does not exceed 10 feet and is or 2 feet higher than an existing perimeter fence, whichever is greater. The monitored electrified security fence shall be located behind a perimeter fence that is not less than 6 5 feet in height.(c) An owner of real property shall not install and operate an a monitored electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an a monitored electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).
835. (a) As used in this chapter, electrified monitored electrified security fence means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements:(1) The fence is powered by an electrical energizer with both of the following output characteristics:(A) The impulse repetition rate does not exceed 1 hertz (hz).(B) The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.(2) The fence is used to protect and secure commercial or industrial property. commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property, the use of which is commercial, manufacturing, or industrial.(b) An owner of real property may install and operate an a monitored electrified security fence on his or her property their property, subject to all of the following:(1) The property is not located in a residential zone.(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in International Standard IEC 60335, Part 2-76.(3) The fence shall interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary. (3)(4) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.(4)(5) The height of the fence does not exceed 10 feet and is or 2 feet higher than an existing perimeter fence, whichever is greater. The monitored electrified security fence shall be located behind a perimeter fence that is not less than 6 5 feet in height.(c) An owner of real property shall not install and operate an a monitored electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an a monitored electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).
835. (a) As used in this chapter, electrified monitored electrified security fence means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements:(1) The fence is powered by an electrical energizer with both of the following output characteristics:(A) The impulse repetition rate does not exceed 1 hertz (hz).(B) The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.(2) The fence is used to protect and secure commercial or industrial property. commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property, the use of which is commercial, manufacturing, or industrial.(b) An owner of real property may install and operate an a monitored electrified security fence on his or her property their property, subject to all of the following:(1) The property is not located in a residential zone.(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in International Standard IEC 60335, Part 2-76.(3) The fence shall interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary. (3)(4) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.(4)(5) The height of the fence does not exceed 10 feet and is or 2 feet higher than an existing perimeter fence, whichever is greater. The monitored electrified security fence shall be located behind a perimeter fence that is not less than 6 5 feet in height.(c) An owner of real property shall not install and operate an a monitored electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an a monitored electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).
835. (a) As used in this chapter, electrified monitored electrified security fence means any fence, other than an electrified fence described in Section 17151 of the Food and Agricultural Code, that meets the following requirements:
(1) The fence is powered by an electrical energizer with both of the following output characteristics:
(A) The impulse repetition rate does not exceed 1 hertz (hz).
(B) The impulse duration does not exceed 10 milliseconds, or 10/10000 of a second.
(2) The fence is used to protect and secure commercial or industrial property. commercial, manufacturing, or industrial property, or other ancillary applicable zoning designations for a property, the use of which is commercial, manufacturing, or industrial.
(b) An owner of real property may install and operate an a monitored electrified security fence on his or her property their property, subject to all of the following:
(1) The property is not located in a residential zone.
(2) The fence meets the 2006 international standards and specifications of the International Electrotechnical Commission for electric fence energizers in International Standard IEC 60335, Part 2-76.
(3) The fence shall interface with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business, a monitoring service, or both the business and a monitoring service, in response to an intrusion or burglary.
(3)
(4) The fence is identified by prominently placed warning signs that are legible from both sides of the fence. At a minimum, the warning signs shall meet all of the following criteria:
(A) The warning signs are placed at each gate and access point, and at intervals along the fence not exceeding 30 feet.
(B) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
(C) The warning signs are marked with a written warning or a commonly recognized symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written warning or commonly recognized symbol about the danger of touching the fence in wet conditions.
(4)
(5) The height of the fence does not exceed 10 feet and is or 2 feet higher than an existing perimeter fence, whichever is greater. The monitored electrified security fence shall be located behind a perimeter fence that is not less than 6 5 feet in height.
(c) An owner of real property shall not install and operate an a monitored electrified security fence where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an a monitored electrified security fence, the installation and operation of the fence shall meet the requirements of that ordinance and the requirements of subdivision (b).
(a)In this section, the following rules determine a debtors location:
(1)A debtor who is an individual is located at the individuals principal residence or domicile.
(2)A debtor that is an organization and has only one place of business is located at its place of business.
(3)A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b)A claim in the nature of a claim under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.