Senate Commerce Committee Statement - Senate Bill No. 2419, State of New Jersey (June 24, 2020)

Summary

Senate Commerce Committee Statement to Senate, No. 2419, State of New Jersey, dated June 24, 2020, reporting Senate Bill No. 2419 favorably. The statement says the bill regulates the installation, maintenance and repair of perimeter fence intrusion protection systems and other alarm systems governed by "The Electrical Contractors Licensing Act of 1962." It lists requirements a system must meet to benefit from the bill's limits on local government oversight, including an energizer driven by a commercial storage battery of not more than 12 volts of direct current and a nonelectric perimeter fence or wall of at least five feet in height. It also describes confidentiality standards for licensees, with a failure to comply deemed professional misconduct.

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     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 2419

 STATE OF NEW JERSEY
                      DATED: JUNE 24, 2020

    The Senate Commerce Committee reports favorably Senate Bill
No. 2419.
    This bill regulates the installation, maintenance and repair of
perimeter fence intrusion protection systems, and other alarm
systems governed by "The Electrical Contractors Licensing Act of
1962." The bill also establishes confidentiality standards for alarm
service practitioners and licensed locksmiths.
    The bill restricts local government regulation of the installation
and maintenance of a perimeter fence intrusion protection system,
as long as the system meets the definition of the system established
by the bill and several additional requirements. In order to benefit
from the restrictions on local government oversight established by
the bill, the perimeter fence intrusion protection system is required
to:
    (1) interface with a monitored alarm device in a manner that
        enables the burglar alarm system to transmit a signal
        intended to summon the business or law enforcement;
    (2) be located on property that is not designated exclusively for
        residential use;
    (3) have an energizer that is driven by a commercial storage
        battery that is not more than 12 volts of direct current;
    (4) have an energizer that meets the standards set forth by the
        International Electrotechnical Commission Standard 60335-
        2-76, current edition;
    (5) be surrounded by a nonelectric perimeter fence or wall of at
        least five feet in height;
    (6) not exceed ten feet in height or two feet higher than the
        adjacent nonelectric perimeter fence or wall, whichever is
        higher;
    (7) be marked with conspicuous warning signs that are located
        on the Perimeter Fence Intrusion Protection System at not
        more than 40 foot intervals and that read: “WARNING—
        ELECTRIC FENCE”;
    (8) comply with the requirements set forth in the rules and
        regulations adopted by the Board of Examiners of Electrical
        Contractors; and
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   (9) be installed by a person trained by the manufacturer or
        holding a training certification on the installation,
        maintenance, repair, safety and operation of the perimeter
        fence intrusion protection system to be installed.
   As long as these perimeter fence intrusion protection system
requirements are met, the bill prohibits municipal or county
government from imposing the following requirements on a
business installing the systems:
   (1) requiring the licensing or registration the business;
   (2) requiring the business to submit information about the
        business’ systems;
   (3) requiring the business to pay a third party person or business
        an alarm registration or licensure fee;
   (4) requiring a permit or fee for the installation of a perimeter
        fence intrusion protection system in addition to an alarm
        system permit issued by the municipality or county;
   (5) imposing an installation or operational requirement for a
        perimeter fence intrusion protection system that is
        inconsistent with the requirements and standards of the "The
        Electrical    Contractors     Licensing Act        of     1962,"
        P.L.1962, c.162 (C.45:5A-1 et seq.), as supplemented and
        amended by subsequent legislation, and this bill;
   (6) impeding the installation or continued operation of a
        perimeter fence intrusion protection system; or
   (7) prohibiting the system’s installation or use.
   Finally, the bill establishes confidentiality standards for licensees
governed by "The Electrical Contractors Licensing Act of 1962,"
including professionals engaged in the installation and maintenance
of perimeter fence intrusion protection systems, licensed
locksmiths, and alarm businesses. Specifically, the bill requires
licensees governed by the act to refrain from disclosing, releasing to
any third-party entities, or distributing information relating to the
provision of burglar alarm, fire alarm or locksmithing services of
the client without their consent, unless compelled by a court order.
   The bill requires any person who is the custodian of confidential
information to exercise due diligence on an ongoing basis to protect
the security of the confidential information including, but not
limited to, maintaining current technology to prevent unauthorized
access to computers, computer systems, software and computer
networks; maintaining adequate safeguards to ensure that
confidential information is only distributed to authorized
individuals; and conducting employee training in information
security measures.
   If a person’s confidential information is accessed by an
unauthorized person or if a breach of the custodian’s security
measures occurs which may have compromised the security of the
person’s confidential information, the bill requires notification to
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the person. The bill prohibits information from being accessed by,
used or sold to, or used by any third party person or business or
government agency without that person’s or business's written
authorization. The bill directs that a licensee who fails to comply
with the requirements of the bill regarding the maintenance of
confidential information would be deemed to have engaged in
professional misconduct, and would be subject to disciplinary
action and civil penalties pursuant to sections 8, 9 and 12 of
P.L.1978, c.73 (C.45:1-21, 45:1-22 and 45:1-25).


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