THE STATE OF ALABAMA
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             Copyright © 2009 by State Net(R), All Rights Reserved.

                                2009 AL S.B. 125

                          ALABAMA 2009 REGULAR SESSION

                                SENATE BILL 125

                              BILL NUMBER:  SB125
                           AUTHOR: MEANS AND MITCHEM
                         REFERRED: GOVERNMENTAL AFFAIRS
                                FILED: 03-FEB-09

              BILL TRACKING REPORT: 2009 Bill Tracking AL S.B. 125

                           2009 Bill Text AL S.B. 125

VERSION: Introduced

VERSION-DATE: February 3, 2009

SYNOPSIS:                                       A BILL

                                  TO BE ENTITLED

                                      AN ACT

   To amend Sections 34-1A-1, 34-1A-4, and 34-1A-6, Code of Alabama 1975,
relating to the Alabama Electronic Security Board of Licensure; to provide
further for definitions, licensure based on classification of work performed,
and exemptions.


DIGEST:

   SYNOPSIS: Under existing law, the Electronic Security Board of Licensure
licenses alarm system installers and locksmiths. This bill would define certain
other security related systems and provide for licenses based on the
classification of work performed. Under existing law, certain individuals and
businesses are exempt from the licensing and regulatory provisions of the
Electronic Security Board of Licensure. This bill would provide further for the
exemptions relating to licensed general contractors, electricians, and
homebuilders.

NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]

TEXT: BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

   Section 1. Sections 34-1A-1, 34-1A-4, and 34-1A-6, Code of Alabama 1975, are
amended to read as follows:

   Section 34-1A-1.

   "For the purpose of this chapter, the following terms shall have the
following meanings unless the context clearly indicates otherwise:

   "(1) ALARM SYSTEM. Burglar alarms, television cameras, or other electrical or
electronic device used to prevent or detect burglary, theft, shoplifting,
pilferage, and other similar losses. [A> THE TERM INCLUDES A CLOSED CIRCUIT
TELEVISION SYSTEM, ELECTRONIC ACCESS SYSTEM, OR A CENTRAL STATION. <A] The term
does not include any fire detection, fire alarm, or fire communication system.

   "(2) ALARM SYSTEM INSTALLER. A person or business entity that offers to
undertake, represents itself as being able to undertake, or does undertake the
installation, service, or monitoring, of alarm systems for the public for any
type of compensation.

   "(3) BURGLAR ALARM. An assembly of equipment and devices, or a single device
such as a solid-state unit which plugs directly into an AC line, designed to
detect an unauthorized intrusion or an attempted robbery at a protected premises
or signal public police or private guards to respond, or both.

   " [A> (4) CENTRAL STATION. A LOCATION WHERE ALARM SIGNALS ARE RECEIVED AS A
PART OF AN ALARM SYSTEM AND THEN RELAYED VIA OPERATOR TO LAW ENFORCEMENT
OFFICIALS. <A]

   " [A> (5) CLOSED CIRCUIT TELEVISION SYSTEM (CCTV). A COMBINATION OF
ELECTRONIC EQUIPMENT AND DEVICES DESIGNED AND ARRANGED FOR THE VIEWING,
MONITORING, OR RECORDING OF VIDEO SIGNALS TRANSMITTED FROM TRANSMITTERS SUCH AS
CAMERAS TO RECEIVERS SUCH AS MONITORS, DIGITAL VIDEO RECORDERS, AND NETWORK
VIDEO RECORDERS (NVR) THROUGH A CLOSED CABLE OR OTHER VIDEO SIGNAL TRANSMISSION
METHOD. <A]

   " [A> (6) ELECTRONIC ACCESS CONTROL SYSTEM. A SYSTEM THAT IS POWERED BY THE
BUILDING'S PRIMARY POWER SOURCE AND IS USED AS A PROCESS TO GRANT OR DENY AN
INDIVIDUAL ACCESS TO A SPECIFIC AREA OR OBJECT BASED UPON HIS OR HER POSSESSION
OF AN ITEM, A CODE, OR PHYSICAL CHARACTERISTIC. <A]

   " [D> (4) <D] [A> (7) <A] INSTALLATION. The initial placement of equipment or
the extension, modification, or alteration of equipment after initial placement.

   " [D> (5) <D] [A> (8) <A] LOCKSMITH. A person or business entity that offers
to undertake, represents itself as being able to undertake, or does undertake
the installation or service of locks for residential or commercial use.

   " [D> (6) <D] [A> (9) <A] SERVICE. Necessary repair in order to return the
system to operational condition.

   Section 34-1A-4.

   "(a) The board shall promulgate regulations and standards for the training
and licensing of [A> LOCKSMITHS AND <A] alarm system installers. The board shall
examine and license and [D> may <D] [A> SHALL <A] establish classifications [A>
FOR THE PURPOSE <A] of training and licensing for [D> this business <D] [A>
LICENSEES UNDER THIS CHAPTER BASED ON THE WORK PERFORMED. LICENSEES SHALL BE
CLASSIFIED AS EITHER A LOCKSMITH OR AN ALARM SYSTEM INSTALLER. CLASSIFICATION OF
ALARM SYSTEM INSTALLERS SHALL BE FURTHER CLASSIFIED BASED ON LICENSEES WHO
PERFORM WORK RELATED TO BURGLAR ALARMS, ELECTRONIC ACCESS CONTROL SYSTEMS,
CLOSED CIRCUIT TELEVISION SYSTEMS, OR CENTRAL STATIONS. LICENSEES SHALL BE
LICENSED IN AN APPROPRIATE CLASSIFICATION IN ORDER TO PERFORM WORK IN EACH
RESPECTIVE CLASSIFICATION <A] .

   "(b) The board shall, after a public hearing and consultation with persons
who are knowledgeable regarding the business and pursuant to the Alabama
Administrative Procedure Act, establish by board rules or regulations competency
standards and any changes of the standards.

   "(c) The board may evaluate the competency of applicants for licenses. The
board may either develop and administer an examination to evaluate competency,
or rely on an examination developed and administered by a national or regional
professional association.

   Section 34-1A-6.

   "The licensing and regulatory provision of this chapter shall not apply to
any of the following persons, entities, or activities:

   "(1) A person or business entity which only sells alarm systems at the
premises of a customer, but does not enter the premises of the customer or
install, service, monitor, or respond to the alarm system at the premises of the
customer.

   "(2) The installation, servicing, monitoring, or responding to an alarm
device which is installed in a motor vehicle, aircraft, or boat.

   "(3) The installation of an alarm system on property owned by or leased to
the installer.

   "(4) A person or business entity who owns, installs, or monitors alarm
systems, on his or her own property or, if he or she does not charge for the
system or its installation, installs it for the protection of his or her
personal property located on the property of another, and does not install or
monitor the system as a normal business practice on the property of another.

   "(5) A person or business entity whose sale of an alarm system is exclusively
over-the-counter or by mail order.

   "(6) A person or business entity in the business of building construction
that installs electrical wiring and devices that may include in part the
installation of an alarm system if both of the following apply:

   "a. The person or business entity is a party to a contract that provides that
the installation shall be performed under the direct supervision of, inspected,
and certified by a person or business entity licensed to install an alarm system
and that the licensee assumes full responsibility for the installation and
service of the alarm system.

   "b. The person or business entity does not service, monitor, or maintain the
alarm system.

   "(7) The response to an alarm system by a law enforcement agency or by a law
enforcement officer acting in an official capacity.

   "(8) A business that engages in the installation or operation of
telecommunications facilities or equipment which are used for the transport of
any signal, data, or information outside the continuous premises on which any
alarm system is installed or maintained.

   "(9) Any business entity, business owner, or person, or the agent or employee
of such business entity, business owner, or person engaging in the routine
visual inspection or manufacturer's or installer's recommended testing of an
alarm system subject to this chapter owned by the business entity, business
owner, or person and installed on property under the control of the business
entity, business owner, or person.

   "(10) Any business entity, or person, or those engaged in property
management, or agent or subcontractors or employees thereof, who, in the normal
course of business, engage in the routine inspection, service, or replacement of
such alarm systems, fire alarm or fire/smoke detection systems, fire
communication systems, or security devices subject to this chapter, on or in
property owned or under the control of such business entity, or person, or
property manager.

   "(11) Consulting engineers who design, develop, modify, or offer other
services within the scope of their profession regarding alarm systems.

   "(12) A licensed general contractor and the employees of the contractor whose
activities are limited to the projects that qualify for a license by the State
Licensing Board for General Contractors [D> . <D] [A> AND WHERE BOTH OF THE
FOLLOWING OCCUR: <A]

   " [A> A. THE INSTALLATION OF ANY ALARM SYSTEM IS PERFORMED UNDER THE DIRECT
SUPERVISION OF, INSPECTED, AND CERTIFIED BY A PERSON OR BUSINESS ENTITY LICENSED
TO INSTALL AN ALARM SYSTEM AND THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE
INSTALLATION AND SERVICE OF THE ALARM SYSTEM. <A]

   " [A> B. THE CONTRACTOR AND EMPLOYEES OF THE CONTRACTOR WILL NOT SERVICE,
MONITOR, OR MAINTAIN THE ALARM SYSTEM. <A]

   "(13) A licensed electrician, master electrician, and electrical contractor
who is licensed by the city, county, or state and their employees whose
activities are limited to the projects of the licensed electrician, master
electrician, and electrical contractor [D> . <D] [A> AND WHERE BOTH OF THE
FOLLOWING OCCUR: <A]

   " [A> A. THE INSTALLATION OF ANY ALARM SYSTEM IS PERFORMED UNDER THE DIRECT
SUPERVISION OF, INSPECTED, AND CERTIFIED BY A PERSON OR BUSINESS ENTITY LICENSED
TO INSTALL AN ALARM SYSTEM AND THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE
INSTALLATION AND SERVICE OF THE ALARM SYSTEM. <A]

   " [A> B. THE ELECTRICIAN OR CONTRACTOR AND EMPLOYEES OF THE ELECTRICIAN OR
CONTRACTOR WILL NOT SERVICE, MONITOR, OR MAINTAIN THE ALARM SYSTEM. <A]

   "(14) A licensed homebuilder and the employees of the homebuilder whose
activities are limited to the projects of the licensed homebuilder [D> . <D] [A>
AND WHERE BOTH OF THE FOLLOWING OCCUR: <A]

   " [A> A. THE INSTALLATION OF ANY ALARM SYSTEM IS PERFORMED UNDER THE DIRECT
SUPERVISION OF, INSPECTED, AND CERTIFIED BY A PERSON OR BUSINESS ENTITY LICENSED
TO INSTALL AN ALARM SYSTEM AND THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE
INSTALLATION AND SERVICE OF THE ALARM SYSTEM. <A]

   " [A> B. THE HOMEBUILDER AND EMPLOYEES OF THE HOMEBUILDER WILL NOT SERVICE,
MONITOR, OR MAINTAIN THE ALARM SYSTEM. <A] "

   Section 2. This act shall become effective immediately following its passage
and approval by the Governor, or its otherwise becoming law.

SPONSOR: Means

SUBJECT: SECURITY & ALARM SYSTEMS (97%); RESIDENTIAL CONSTRUCTION (93%);
ELECTRICAL CONTRACTORS (92%); LEGISLATORS (81%); SHOPLIFTING (73%); LOCKSMITHS
(63%); HOME SECURITY (63%); SURVEILLANCE TECHNOLOGY (62%); TELECOMMUNICATIONS
EQUIPMENT (62%); TELEVISION INDUSTRY (61%);

LOAD-DATE: February 4, 2009