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AB-549 Local government: building permit: electrified security fence: notice.(2017-2018)

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Date Published: 06/13/2017 09:00 PM
AB549:v96#DOCUMENT

Amended  IN  Senate  June 13, 2017
Amended  IN  Senate  June 01, 2017
Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 549


Introduced by Assembly Member Quirk
(Coauthor: Assembly Member Grayson)

February 14, 2017


An act to add Section 50031 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 549, as amended, Quirk. Local government: building permit: electrified security fence: notice.
Existing law authorizes an owner of real property to install and operate an electrified security fence on his or her property if the property is not in a residential zone, the fence is identified by prominently placed warning signs, the height of the fence does not exceed 10 feet, the fence is located behind a perimeter fence that is not less than 6 feet in height, and the fence meets specified electrotechnical and local requirements. Existing law prohibits an owner of real property from installing and operating an electrified security fence where also prohibited by local ordinance.
This bill would require a city, including a charter city, county, including a charter county, or city and county, including a charter city and county, that approves a building permit for the construction of an electrified security fence, as defined, to notify the local fire department and fire marshal and to provide them with a copy of the approved permit. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program.
This bill would make findings that this bill addresses a matter of statewide concern and would declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 50031 is added to the Government Code, to read:

50031.
 (a) A city, including a charter city, county, including a charter county, or city and county, including a charter city and county, that approves a building permit for the construction of an electrified security fence shall notify the local fire department and fire marshal and provide them with a copy of the approved permit.
(b) For purposes of this section, the term “electrified security fence” has the same meaning as that term is defined in Section 835 of the Civil Code.

SEC. 2.

 The Legislature finds and declares that this act addresses a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to all cities and counties, including a charter city, a charter county, and a charter city and county.
SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.