SB 135
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 135 (Senator Klausmeier)
Finance Economic Matters
Business Regulation – Battery–Charged Fence Security Systems – Regulation
This bill generally authorizes a local government to regulate the installation of
battery-charged fence security systems. If a battery-charged fence security system fails to
comply with specified criteria, a local government is authorized to (1) issue a citation
describing the specific noncompliance and require that the system be made compliant, and
(2) impose a fine not exceeding $500 if the system is not made compliant. Battery-charged
fence security systems are not exempt from licensing and registration requirements for
installers of security systems in current law.
Fiscal Summary
State Effect: None. The bill pertains only to local governments.
Local Effect: No effect on local government revenues or expenditures as the bill is
authorizing in nature. The bill’s penalty provisions do not materially affect local
government finances.
Small Business Effect: Minimal.
Analysis
Bill Summary: A “battery-charged fence security system” is an alarm security system
that includes a fence, a battery-operated energizer connected to the fence and intended to
periodically deliver voltage impulses to the fence, a battery-charging device used
exclusively to charge the battery, and any other ancillary components and attached
equipment. “Battery-charged fence security system” does not include deer fencing,
livestock fencing, or a wireless security system, as specified. “Deer fencing” means fencing
that is engineered to exclude or contain deer or elk.
The bill’s provisions apply only to a battery-charged fence security system that
(1) interfaces with a monitored alarm device in a manner that enables the alarm system to
transmit a signal intended to alert the owner of the system or law enforcement; (2) has an
energizer that meets specified standards; (3) is located behind a nonelectric perimeter fence
or wall that is at least 5 feet tall and on property that is not zoned as residential use only;
(4) is not taller than 10 feet or 2 feet taller than the height of the perimeter fence or wall,
whichever is taller; and (5) is marked with warning signs posted conspicuously on the fence
at 30 foot intervals that state: “warning – electric fence.”
A local government may (1) require a person who provides a battery-charged fence security
system to comply with a local alarm ordinance or with local registration or permit
requirements; (2) require a person who operates or causes to be operated a battery-charged
fence security system to comply with a local alarm ordinance or with local registration, or
permit requirements; (3) require an installer, on completion of a newly installed
battery-charged fence security system, to submit to the local government an affidavit
containing specified information; and (4) inspect the newly-installed system after receipt
of an affidavit, as specified.
A local government may not (1) impose additional installation or operational requirements;
(2) require additional permits or fees, as specified; (3) prohibit the use of a battery-charged
fence security system that is intended to be used for security; or (4) require additional
permits or fees, other than those specified in the bill.
Current Law/Background: Chapter 205 of 2018 prohibits a local government from
requiring an electrical license or an electrical permit to install, maintain, inspect, replace,
or service specified low-voltage wireless security systems. The prohibition only applies if
the wireless security system does not require the submission of a fire protection plan review
to a local government for compliance with State or local building codes. A local
government may require a person who provides wireless security systems to comply with
a local alarm ordinance or to obtain an alarm business registration, alarm system
registration, or permit under specified circumstances but cannot require the person to obtain
an electrical permit. Wireless security systems are not exempt from existing State licensing
requirements related to security system licensing and registration and must comply with
any State or local building codes.
Generally, a person may not engage, or solicit to engage, in the business of providing
security systems services in the State unless the person obtains a license from the
Department of State Police and meets specified requirements. Similarly, an individual may
not personally provide security systems services unless the individual is registered as a
SB 135/ Page 2
security systems technician. There are limited exceptions. State law does not preempt local
governments from licensing or regulating security systems agencies or security system
users, and the bill does not exempt providers of battery-charged fence security systems
from the State’s security system licensing and registration requirements.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Anne Arundel, Charles, Frederick, Montgomery, and Somerset
counties; Maryland Association of Counties; Maryland Municipal League; Department of
State Police; Department of Legislative Services
Fiscal Note History: First Reader - January 15, 2021
rh/mcr Third Reader - March 3, 2021
Enrolled - April 7, 2021
Revised - Amendment(s) - April 7, 2021
Analysis by: Thomas S. Elder Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 135/ Page 3


Statutes affected:
Text - First - Business Regulation – Battery–Charged Fence Security Systems – Regulation: 19-902 Business Regulation
Text - Third - Business Regulation – Battery–Charged Fence Security Systems – Regulation: 19-902 Business Regulation
Text - Enrolled - Business Regulation – Battery–Charged Fence Security Systems – Regulation: 19-902 [], 19-901 []