LRB-5561/1
EVM:amn
2021 - 2022 LEGISLATURE
January 18, 2022 - Introduced by Representatives James and Cabral-Guevara,
cosponsored by Senator Wanggaard. Referred to Committee on Criminal
Justice and Public Safety.
AB865,1,2
1An Act to create 66.0440 of the statutes;
relating to: regulation of certain
2electric fences.
Analysis by the Legislative Reference Bureau
This bill limits the authority of political subdivisions to regulate
battery-powered, alarmed electric security fences and prohibits certain uses of these
fences.
The bill defines a battery-powered, alarmed electric security fence as an
electric fence that satisfies all of the following:
1. Is equipped with an energizer that produces direct current and is powered
by a commercial storage battery with a voltage of not greater than 12 volts.
2. Produces an electric charge on contact that satisfies standards provided by
the International Electrotechnical Commission, as published in the latest version of
the commission's standards for electric fence energizers.
3. Is connected to an alarm system that is capable of signaling law enforcement.
4. Includes warning signage that a battery-powered, alarmed electric security
fence is in operation.
5. Is surrounded by a perimeter fence or wall that is at least 5 feet in height.
6. Is no more than 10 feet in height, or two feet higher than the perimeter fence
or wall, whichever is higher.
Under the bill, a political subdivision may not 1) prohibit the installation or use
of a battery-powered, alarmed electric security fence, except on property designated
exclusively for residential use, 2) require a permit, other than an alarm system
permit, for the installation or use of such a fence, or 3) impose installation or
operation requirements that are inconsistent with the standards set by the
International Electrotechnical Commission for installation or operation of an
electrified fence that is a component of such a fence. The bill also prohibits a person
from locating a battery-powered, alarmed electric security fence on property
designated exclusively for residential use.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB865,1
1Section
1. 66.0440 of the statutes is created to read:
AB865,2,3
266.0440 Battery-powered, alarmed electric security fences. (1) In this
3section:
AB865,2,54
(a) “Battery-powered, alarmed electric security fence” means an electric fence
5that satisfies all of the following:
AB865,2,76
1. Is equipped with an energizer that produces direct current and is powered
7by a commercial storage battery with a voltage of not greater than 12 volts.
AB865,2,108
2. Produces an electric charge on contact that satisfies standards provided by
9the International Electrotechnical Commission, as published in the latest version of
10the commission's standards for electric fence energizers.
AB865,2,1111
3. Is connected to an alarm system that is capable of signaling law enforcement.
AB865,2,1312
4. Includes warning signage that a battery-powered, alarmed electric security
13fence is in operation.
AB865,2,1414
5. Is surrounded by a perimeter fence or wall that is at least 5 feet in height.
AB865,2,1615
6. Is no more than 10 feet in height, or 2 feet higher than the perimeter fence
16or wall, whichever is higher.
AB865,2,1717
(b) “Political subdivision” means a city, village, town, or county.
AB865,2,18
18(2) No political subdivision may do any of the following:
AB865,3,2
1(a) Prohibit the installation or use of a battery-powered, alarmed electric
2security fence, except on property designated exclusively for residential use.
AB865,3,43
(b) Require a permit, other than an alarm system permit, for the installation
4or use of a battery-powered, alarmed electric security fence.
AB865,3,85
(c) Impose installation or operation requirements that are inconsistent with
6the standards set by the International Electrotechnical Commission for installation
7or operation of an electrified fence that is a component of a battery-powered, alarmed
8electric security fence.
AB865,3,10
9(3) No person may locate a battery-powered, alarmed electric security fence
10on property designated exclusively for residential use.
