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ESA State Legislative Report – June 2016

Posted By Chris Heaton, Vice President, Membership and Chapter Relations, Wednesday, July 13, 2016

Through June 30, 2016, ESA tagged 210 bills for monitoring.  June was another month for significant activity from several states, but not all on the legislative front, as there are issues to report in Kentucky regarding regulations.  Of the 210 bills monitored this year, 76 bills have officially failed and were removed from the report.  The following is a brief discussion of bills with most interest that have recently moved.

Delaware HB 394 – This bill makes significant changes to the Delaware Code relating to security systems and protective services.  It creates a compliance agent designation for security businesses and this position would be responsible for compliance with the statute.  Other definitions are added and the statute is significantly re-worded.  The bill was reported out of the Public Safety committee on 06/28/2016 without a recommendation on passage.

North Carolina HB 1007 – This bill responds to the holding in North Carolina State Board of Dental examiners v. federal trade commission, which would ostensibly put all licensing boards in compliance with the Supreme Court ruling.  A proposed committee substitute would have eliminated all licensing boards with fewer than 1,500 licensees and this would potentially include the alarm licensing board in North Carolina.  The engrossed version of the bill that passed the House did not include this amendment and the bill passed the House on 06/16/2016.

NJ SB 1902 – Would streamline the permitting process for local permits and provide for wireless installation exemptions from the permitting process.  The NJESA is opposed to certain provisions of the bill and amendments adopted on 06/23/2016.  The bill was pulled from the floor of the Senate and is under further consideration.

The Commonwealth of Kentucky has a statute that requires the Department of Housing, Buildings and Construction (DHBC) to create a low voltage certification through the electrical advisory board within the DHBC.  Originally proposed regulations were met with overwhelming opposition from various stakeholders in the low voltage industry including the Kentucky ESA (KYESA).  A group of stakeholders then met with DHBC and worked out legislative language that was acceptable to the industry, but this legislation, HB 439 did not pass.  The DHBC is now continuing with its mandate to implement a low voltage certification, but the proposed regulations contain many of the same flaws as the originally proposed regulations from over one year ago including: no grandfather or phase in provisions, no recognition of industry specific certification programs that are currently recognized and experience requirements that would, without grandfather or phase-in provisions, create massive disruptions for the industry in Kentucky.  The leadership in Kentucky is currently communicating with the DHBC leadership and it is hopeful that reasonable regulations will be pursued.


Bill Summary*
Alarm 24
Apprenticeship 20
Call Center 2
CCTV Video Audio 19
Employer Liability 9
Environmental 16
Facility Security 11
Fire Life Safety 60
Low Voltage 27
Regulatory 45
Taxation 9
Telecommunications 13
*Some bills cover multiple subject areas


Go to for a complete list of bills in the June 2016 State Legislative Report.  Please contact Chris Heaton at or call (972) 807-6815 if additional information is needed.

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