SENATE BILL NO. 2419
(Second Reprint)
To the Senate:
Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Bill No. 2419 (Second Reprint) with my recommendations for reconsideration.
Senate Bill No. 2419 (Second Reprint) would update P.L.1962, c.162, “The Electrical Contractors Licensing Act of 1962” (“ECL”), which regulates alarm businesses, locksmithing services and electronic security systems. The bill would amend the definition of “alarm business” to include perimeter intrusion protection systems, unmanned aerial drones, and any artificial intelligence and other evolving security technologies. The bill also would amend the definition of “electronic security system” to include access control systems, closed-circuit television systems, intercom systems, and automation systems integrated with security devices.
Local governments would be restricted from regulating the installation and maintenance of perimeter fence intrusion protection systems, provided the systems meet certain requirements outlined in the bill. Under the bill, perimeter fence intrusion protection systems must interface with monitored alarm devices in a manner that enables the alarm system to summon the business or law enforcement in response to an intrusion; be located on property that is not designated exclusively for residential use; be surrounded by a nonelectric perimeter fence or wall that is at least five feet in height; be marked with conspicuous signage; and comply with certain height restrictions, among other requirements. In addition, the bill would establish confidentiality standards for licensees governed by the ECL. Licensees would be prohibited 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 the client’s consent, unless compelled by a court order.
I commend the bill’s sponsors for their efforts to ensure that our statutes keep pace with technological advancements in security and surveillance and that security systems are regulated appropriately and uniformly. I am concerned, however, that the bill’s confidentiality provision could significantly undermine the utility of these systems by prohibiting disclosure of an alarm’s activation to law enforcement absent a court order.
To prevent such an unintended consequence, I am recommending amendments that would remove any language that could hamper a company’s ability to notify emergency services of an alarm’s activation. This includes eliminating language that could have subjected licensees to disciplinary action and civil penalties for alerting police or fire of an alarm’s activation without first being compelled by a court order.
Therefore, I herewith return Senate Bill No. 2419 (Second Reprint) and recommend that it be amended as follows:
Page 4, Section 1, Line 41: Delete “‘Authorization’ means permission, authority, or consent”
Page 4, Section 1, Lines 42-48: Delete in their entirety
Page 5, Section 1, Lines 1-5: Delete in their entirety
Page 5, Section 1, Line 6: Delete “(t)”
Page 5, Section 1, Line 13: Delete “(u)” and insert “(r)”
Page 5, Section 1, Line 18: Delete “(v)” and insert “(s)”
Page 5, Section 1, Line 22: Delete “(w)” and insert “(t)”
Page 5, Section 1, Line 29: Delete “(x)” and insert “(u)”
Page 5, Section 1, Line 41: Delete “(y)” and insert “(v)”
Page 5, Section 1, Line 43: Delete “(z)” and insert “(w)”
Page 6, Section 1, Line 1: Delete “(aa)” and insert “(x)”
Page 7, Section 4, Lines 24-48: Delete in their entirety
Page 8, Section 4, Lines 1-3: Delete in their entirety
Page 8, Section 5, Line 12: Delete “5.” and insert “4.”
Page 8, Section 6, Line 21: Delete “6.” and insert “5.”
Respectfully,
[seal] /s/ Philip D. Murphy
Governor
Attest:
/s/ Parimal Garg
Chief Counsel to the Governor