Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB1706 Enrolled / Bill

Filed 04/28/2022

                     
 
 
An Act 
ENROLLED SENATE 
BILL NO. 1706 	By: Leewright of the Senate 
 
  and 
 
  Sims of the House 
 
 
 
 
An Act relating to security fences; amending 59 O.S. 
2021, Section 1800.2, which relates to definitions; 
adding definition for battery-powered security 
fences; amending 59 O.S. 2021, Section 1800.12, which 
relates to municipal and county authority to adopt 
ordinances; prohibiting certain municipal or county 
ordinances; establishing requirements for use of 
battery-powered security fences; requiring acceptable 
commercial standards; providing specifications for 
use on acceptable property; requiring posted signage; 
providing for codification; and declaring an 
emergency. 
 
 
 
 
SUBJECT:  Security fences 
 
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, installation, alteration, repair, 
replacement, service, inspection, or main tenance of alarm systems or 
service involving receipt of alarm signals for the purpose of 
employee response and investigation of such signals or any   
 
ENR. S. B. NO. 1706 	Page 2 
combination of the foregoing activities 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 cond ition, which signals are responded to by 
public law enforcement officers, 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 sy stem 
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; 
 
6. 7.  "Licensee" means any person licensed pursuant to the 
Alarm, Locksmith and Fire Sprinkler 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 Electri cal 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 depos it boxes, 
biometric/retina readers and mechanical or el ectronic 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   
 
ENR. S. B. NO. 1706 	Page 3 
devices, annunciation devices not designed to require a response by 
law enforcement or opening or bypassing a lock 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 dev ices" includes, but is not 
limited to, access control systems including 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, limited liability company, corporation, or 
other similar entity; and 
 
10. 11.  "Residential alarm monitoring or service contract " 
means a contract with end users for alarm monitoring and/or services 
for individual residentia l 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 co unty 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 discontinuance of serv ice 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 department involved.  Th e 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 o r 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, fal se alarms caused by human error 
or an act of God. 
 
B.  No municipality m ay adopt any ordinance concerning the 
licensing of any alarm, locksmith or fire sprinkler industry   
 
ENR. S. B. NO. 1706 	Page 4 
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 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 fo llows: 
 
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; 
 
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 non-electric perimeter fence or wall described in 
paragraph 5 of this section, whichever is higher; and 
 
7.  Is marked with conspicuous warning signs that are lo cated on 
the battery-charged security fence at not more than thirty-foot 
intervals and display: "WARNING – ELECTRIC FENCE". 
   
 
ENR. S. B. NO. 1706 	Page 5 
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 rea son whereof this act shall take effect and 
be in full force from and after its passage and approval. 
   
 
ENR. S. B. NO. 1706 	Page 6 
Passed the Senate the 22nd day of March, 2022. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representati ves the 27th day of April, 2022. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _______ _____________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRET ARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __