Req. No. 10830 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 3055 By: Sims COMMITTEE SUBSTITUTE An Act relating to security fences; amending 59 O.S. 2021, Section 1800.2, which relates to definitions; adding definition for battery-charged security fence; amending 59 O.S. 2021, Section 1 800.12, which relates to municipal and county authority to adopt ordinances; prohibiting certain municipal or county ordinances; establishing requirements for use of battery-charged security fences; requiring acceptable commercial standards; providing specifications for use on acceptable property; requiring posted signage; providing for codification; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 59 O.S. 202 1, Section 1800.2, is amended to read as follows: Section 1800.2 As used in the Alarm, Locksmith and Fire Sprinkler Industry Act: 1. "Alarm industry" means the sale, except as provided in Section 1800.3 of this title, installat ion, alteration, repair, replacement, service, inspection, or main tenance of alarm systems or service involving receipt of alarm signals for the purpose of Req. No. 10830 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 employee response and investigation of such signals or any combination of the foregoing activities e xcept inspections on one - and two-family dwellings are exempt; 2. "Alarm system" means one or more de vices designed either to detect and signal an unauthorized intrusion or entry or to signal a fire or other emergency condition, which signals are responde d to by public law enforcement off icers, fire department personnel , private guards or security officer s; 3. "Battery-charged security fence " means an alarm system and ancillary components or equipment attached to such a system including, but not limited to, a fence, a battery -operated energizer, which is intended to periodically deliver voltage impulses to the fence connected to it, and a battery-charging device used exclusively to charge the battery; 4. "Committee" means the Alarm, and Locksmith and Fire Sprinkler Industry Committee; 4. 5. "Commissioner" means the Commissioner of Labor; 5. 6. "Integrated security system " means a mechanical and/or electronic security device that includes, but is not limited to, multiple integrated locks, burglar alarm systems, access control systems, fiber-optic security systems, video surveillance systems, and nurse call systems, but does not include a stand-alone-, single- element of an integrated security system; Req. No. 10830 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6. 7. "Licensee" means any person licensed pursuant to the Alarm, Locksmith and Fire Sprinkl er Industry Act; 7. 8. "Lock" means mechanical or electronic devices consisting entirely of Class 2 or Class 3 circuits and power sou rce requirements as established by the National Electrical Co de and designed to control use of a device or control ingress or egress of a structure or automobile , including, but not limited to, peripheral devices to alarm systems, safes, vaults, safe depos it boxes, biometric/retina readers and mechanical or electron ic key systems; 8. 9. "Locksmith industry" means the sale, servicing or installing, repairing, rebuilding, readying, rekeying, repinning, adjusting or installing locks, mechanical or electronic security devices, annunciation devices not designed to requir e a response by law enforcement or opening or bypassing a loc k by a means other than those intended by the manufacturer of such devices. For the purposes of the Alarm, Locksmith and Fire Sprinkl er Industry Act, "mechanical or electronic security devices " includes, but is not limited to, access control systems inclu ding peripheral devices to alarm systems, fiber -optic security systems, fire sprinklers, closed circuit television, video surveillance and nurse call systems; 9. 10. "Person" means an individual, sole proprietorship, firm, partnership, association, limite d liability company, corporation, or other similar entity; and Req. No. 10830 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10. 11. "Residential alarm monitoring or service contract " means a contract with end users for alarm monitoring and/or services for individual residential premises for their own use. SECTION 2. AMENDATORY 59 O.S. 2021, Section 1800.12, is amended to read as follows: Section 1800.12 A. Any municipality or county may levy and collect reasonable charges for alarm installation connectio ns located in or at a police or fire department which is owned, operated or monitored by the municipality or county. Any municipality or county may require discontinuance of service of any alarm signal device which, due to mech anical malfunction or faulty equipment, causes excessive false alarms and, in the opinion of the appropriate county or municipal official, becomes a detriment to the functions of the department involv ed. The municipality or county may cause the disconnect ion of the device until the same is repaired to the satisfaction of the appropriate official; however , the municipality or county shall advise the owner or user of the device of the disconnection in a dvance or as soon as reasonably practicable. The municip ality or county may levy and collect reasonable reconnection fees. Mechanical malfunction and faulty equipment shall not include, for the purpose of the Alarm, Locksmith and Fire Sprinkler Industry Act, false alarms caused by human error or an act of God. Req. No. 10830 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. No municipality may ado pt any ordinance concerning the licensing of any alarm, locksmith or fire sprinkler industry business or individual which is or may be licensed pursuant to the Alarm, Locksmith and Fire Sprinkler Industry Act. C. No municipality or county may adopt any ordinance , order, or regulation concerning the installation, operat ion, or usage of a battery-charged security fence as long as the installation , operation, and usage of the battery-charged security fence follows the requirements and standards prescribe d in Section 3 of this act. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1800.19 of Title 59, unless there is created a duplication in numbering, reads as follows: A battery-charged security fence shall meet the follow ing requirements: 1. Interfaces with a monitored alarm device in a man ner that enables the alarm system to transmit a signal intended to summon the business or law enforcement in response to an intrusion or burglary; 2. Is located on a property that is not designated by a municipality or county exclusively for residential u se; 3. Has an energizer that is powered by a commercial storage battery that is not more than twelve (12) volts of direct current ; 4. Has an energizer that meets the standards set for th by the International Electrotechnical Commission Standard 60335-2-76, current edition; Req. No. 10830 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Is completely surrounded by a non electric perimeter fence or wall that is not less than five (5) feet in height; 6. Does not exceed ten (10) feet in height or two (2) feet higher than the nonelectric perimeter fence or wall described in paragraph 5 of this section, whichever is higher; and 7. Is marked with conspicuous warning signs that are located on the battery-charged security fence at not more than thirty-foot intervals and display: "WARNING – ELECTRIC FENCE". SECTION 4. It being immediately necessary for the pr eservation of the public peace, health or safety, an emergency is hereby declared to exist, by reas on whereof this act shall take effect an d be in full force from and after its passage and approval. 58-2-10830 GRS 03/01/22