Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB3055 Comm Sub / Bill

Filed 03/01/2022

                     
 
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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   
 
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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;   
 
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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   
 
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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.   
 
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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;   
 
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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