OK
Oklahoma Senate Bill SB1706

Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1706 Compare Versions

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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
32+
33+2nd Session of the 58th Legislature (2022)
34+
35+ENGROSSED SENATE
636 BILL NO. 1706 By: Leewright of the Senate
737
838 and
939
1040 Sims of the House
1141
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1545 An Act relating to security fences; amending 59 O.S.
1646 2021, Section 1800.2, which relates to definitions;
1747 adding definition for battery-powered security
1848 fences; amending 59 O.S. 2021, Section 1800.12, which
1949 relates to municipal and county authority to adopt
2050 ordinances; prohibiting certain municipal or county
2151 ordinances; establishing requirements for use of
2252 battery-powered security fences; requiring acceptable
2353 commercial standards; providing specifications for
2454 use on acceptable property; requiring posted signage;
2555 providing for codification; and declaring an
2656 emergency.
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31-SUBJECT: Security fences
32-
3361 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3562 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1800.2, is
3663 amended to read as follows:
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3864 Section 1800.2. As used in the Alarm, Locksmith and Fire
3965 Sprinkler Industry Act:
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4166 1. "Alarm industry" means the sale, except as provided in
4267 Section 1800.3 of this title, inst allation, alteration, repair,
4368 replacement, service, inspection, or main tenance of alarm systems or
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4496 service involving receipt of alarm signals for the purpose of
4597 employee response and investigation of such signals or any
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47-ENR. S. B. NO. 1706 Page 2
4898 combination of the foregoing activit ies except inspections on one-
4999 and two-family dwellings are exempt;
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51100 2. "Alarm system" means one or more de vices designed either to
52101 detect and signal an unauthorized in trusion or entry or to signal a
53102 fire or other emergency cond ition, which signals are res ponded to by
54103 public law enforcement officers, fire department personnel , private
55104 guards or security officer s;
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57105 3. "Battery-charged security fence " means an alarm system and
58106 ancillary components or equipment attached to such a sy stem
59107 including, but not limited to, a fence, a battery-operated
60108 energizer, which is intended to periodically deliver voltage
61109 impulses to the fence connected to it, and a battery-charging device
62110 used exclusively to charge the battery ;
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64111 4. "Committee" means the Alarm, and Locksmith and Fire
65112 Sprinkler Industry Committee;
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67113 4. 5. "Commissioner" means the Commissioner of Labor;
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69114 5. 6. "Integrated security system " means a mechanical and/or
70115 electronic security device that includes, but is not limited to,
71116 multiple integrated locks, burglar ala rm systems, access control
72117 systems, fiber optic security systems, video surveillance systems,
73118 and nurse call systems, but does not include a stand-alone-single-
74119 element of an integrated security system;
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76147 6. 7. "Licensee" means any person licensed pursuant t o the
77148 Alarm, Locksmith and Fire Sprinkler Industry Act;
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79149 7. 8. "Lock" means mechanical or electronic devices consisting
80150 entirely of Class 2 or Class 3 circuits and powe r source
81151 requirements as established by the National Electri cal Code and
82152 designed to control use of a device or control ingress or egress of
83153 a structure or automobile , including, but not limited to, peripheral
84154 devices to alarm systems, safes, vaults, safe deposit boxes,
85155 biometric/retina readers and mechanical or el ectronic key systems;
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87156 8. 9. "Locksmith industry" means the sale, servicing or
88157 installing, repairing, rebuilding, readying, rekeying, repinning,
89158 adjusting or installing locks, mechanical or electr onic security
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92159 devices, annunciation devices not designed to require a response by
93160 law enforcement or opening or bypassing a lock by a means other than
94161 those intended by the manufacturer of such devices. For the
95162 purposes of the Alarm, Locksmith and Fire Sp rinkler Industry Act,
96163 "mechanical or electronic security dev ices" includes, but is not
97164 limited to, access control systems including peripheral devices to
98165 alarm systems, fiber optic security systems, fire sprinklers, closed
99166 circuit television, video surveil lance and nurse call systems;
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101167 9. 10. "Person" means an individual, sole proprietorship, firm,
102168 partnership, association, limited liability company, corporation, or
103169 other similar entity; and
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105197 10. 11. "Residential alarm monitoring or service contract "
106198 means a contract with end users for alarm monitoring and/or services
107199 for individual residentia l premises for their own use.
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109200 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1800.12, is
110201 amended to read as follows:
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112202 Section 1800.12. A. Any municipality or county may levy and
113203 collect reasonable charges for alarm installation conn ections
114204 located in or at a police or fire department which is owned,
115205 operated or monitored by the municipality or county. Any
116206 municipality or county may require discon tinuance of service of any
117207 alarm signal device which, due to mechanical malfunction or f aulty
118208 equipment, causes excessive false alarms and, in the opinion of the
119209 appropriate county or municipal official, becomes a detriment to the
120210 functions of the departme nt involved. The municipality or county
121211 may cause the disconnection of the device until the same is repaired
122212 to the satisfaction of the appropriate official; however , the
123213 municipality or county shall advise the owner or user of the device
124214 of the disconnection in advance or as soon as reasonably
125215 practicable. The municipality or county may le vy and collect
126216 reasonable reconnection fees. Mechanical malfunction and faulty
127217 equipment shall not include, for the purpose of the Alarm, Locksmith
128218 and Fire Sprinkler Industry Act, false alarms caused by human error
129219 or an act of God.
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131247 B. No municipality m ay adopt any ordinance concerning the
132248 licensing of any alarm, locksmith or fire sprinkler industry
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135249 business or individual which is or may be licensed pursuant to the
136250 Alarm, Locksmith and Fire Sprinkler Industry Act.
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138251 C. No municipality or county may adopt any ordinance, order, or
139252 regulation concerning the installation, operat ion, or usage of a
140253 battery-charged security fence as long as the installation ,
141254 operation, and usage of the battery-charged security fence follows
142255 the requirements and standards prescrib ed in Section 3 of this act.
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144256 SECTION 3. NEW LAW A new section of law to be codified
145257 in the Oklahoma Statutes as Section 1800.19 of Title 59, unless
146258 there is created a duplication in numbering, reads as fo llows:
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148259 A battery-charged security fence shall meet the following
149260 requirements:
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151261 1. Interfaces with a monitored alarm device in a man ner that
152262 enables the alarm system to transmit a signal intended to summon the
153263 business or law enforcement in response to an intrusion or burglary;
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155264 2. Is located on a property that is not designated by a
156265 municipality or county exclusively for residential u se;
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158266 3. Has an energizer that is powered by a commercial storage
159267 battery that is not more than twelve (12) volts of direct current;
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161268 4. Has an energizer that meets the standards set forth by the
162269 International Electrotechnical Commission Standard 60335-2-76,
163270 current edition;
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165298 5. Is completely surrounded by a non -electric perimeter fence
166299 or wall that is not less than five (5) fee t in height;
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168300 6. Does not exceed ten (10) feet in height or two (2) feet
169301 higher than the non-electric perimeter fence or wall described in
170302 paragraph 5 of this section, whichever is higher; and
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172303 7. Is marked with conspicuous warning signs that are located o n
173304 the battery-charged security fence at not more than thirty-foot
174305 intervals and display: "WARNING – ELECTRIC FENCE".
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178306 SECTION 4. It being immediately necessary for the pr eservation
179307 of the public peace, health or safety, an emergency is here by
180308 declared to exist, by rea son whereof this act shall take effect and
181309 be in full force from and after its passage and approval.
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185-Passed the Senate the 22nd day of March, 2022.
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189- Presiding Officer of the Senate
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192-Passed the House of Representati ves the 27th day of April, 2022.
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196- Presiding Officer of the House
197- of Representatives
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199-OFFICE OF THE GOVERNOR
200-Received by the Office of the Governor this _______ _____________
201-day of _________________ __, 20_______, at _______ o'clock _______ M.
202-By: _______________________________ __
203-Approved by the Governor of the State of Oklahoma this _____ ____
204-day of _________________ __, 20_______, at _______ o'clock _______ M.
205-
206- _________________________________
207- Governor of the State of Oklahoma
208-
209-
210-OFFICE OF THE SECRET ARY OF STATE
211-Received by the Office of the Secretary of State this _______ ___
212-day of __________________, 20 _______, at _______ o'clock _______ M.
213-By: _______________________________ __
311+COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS ,
312+dated 04/07/2022 - DO PASS.