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SENATE FLOOR VERSION
April 7, 2022
ENGROSSED HOUSE
BILL NO. 3055 By: Sims of the House
and
Leewright and Bergstrom of
the Senate
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. 2021, 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, insta llation, alteration, repair,
replacement, service, inspection, or main tenance of alarm systems or
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service involving receipt of alarm signals for the purpose of
employee response and investigation of such signals or any
combination of the foregoing activiti es except 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 resp onded 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 alar m 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 source
requirements as established by the National Electrical Code 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 deposit boxes,
biometric/retina readers and mechanical or electronic key systems;
8. 9. "Locksmith industry" means the sale, servicing or
installing, repairing, rebuilding, readying, rekeying, repinning,
adjusting or installing locks, mechanical or e lectronic security
devices, annunciation devices not designed to require 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 Fi re Sprinkler 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 su rveillance 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 residenti al 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 conn ections
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 di scontinuance of service of any
alarm signal device which, due to mechanical malfunction or f aulty
equipment, causes excessive false alarms and, in the opinion of the
appropriate county or municipal official, becomes a detriment to the
functions of the depa rtment involved. The municipality or county
may cause the disconnection 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 advance or as soon as reasonably
practicable. The municipality or county may le vy 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 m ay adopt any ordinance concerning the
licensing of any alarm, locksmith or fire sprinkler industry
business or individual which is or may be licensed pursuant to th e
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 prescrib ed 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 following
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 forth 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.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM
April 7, 2022 - DO PASS