Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2154 Engrossed / Bill

Filed 03/17/2023

                    HB2154 EngrossedLRB103 25136 AWJ 51475 b   HB2154 Engrossed  LRB103 25136 AWJ 51475 b
  HB2154 Engrossed  LRB103 25136 AWJ 51475 b
1  AN ACT concerning local government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Counties Code is amended by adding Section
5  5-12022 as follows:
6  (55 ILCS 5/5-12022 new)
7  Sec. 5-12022. Battery-charged fences.
8  (a) As used in this Section, "battery-charged fence" means
9  a fence energized by a battery that is not more than 12 volts
10  of direct current that interfaces with an alarm system in a
11  manner that enables the fence to cause the connected alarm
12  system to transmit a signal intended to notify law enforcement
13  of a potential intrusion.
14  (b) Notwithstanding any other law, a county may not
15  require a permit or other approval for the installation,
16  maintenance, placement, replacement, or servicing of a
17  battery-charged fence if (i) the battery-charged fence is
18  located on nonresidential property completely surrounded by a
19  nonelectric perimeter fence or wall that is not less than 5
20  feet in height and does not exceed 10 feet in height or 2 feet
21  higher than the nonelectric perimeter fence or wall, whichever
22  is higher, and (ii) any electrical charge produced on contact
23  does not exceed energizer characteristics set for electric

 

  HB2154 Engrossed  LRB103 25136 AWJ 51475 b


HB2154 Engrossed- 2 -LRB103 25136 AWJ 51475 b   HB2154 Engrossed - 2 - LRB103 25136 AWJ 51475 b
  HB2154 Engrossed - 2 - LRB103 25136 AWJ 51475 b
1  fences by the International Electrotechnical Commission.
2  (c) Any battery-charged fence installed under this Section
3  must have conspicuous signs located on the fence placed not
4  less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
5  (d) A home rule county may not regulate battery-charged
6  fencing in a manner inconsistent with this Section. This
7  Section is a limitation under subsection (i) of Section 6 of
8  Article VII of the Illinois Constitution on the concurrent
9  exercise by home rule units of powers and functions exercised
10  by the State.
11  Section 10. The Township Code is amended by adding Section
12  110-80 as follows:
13  (60 ILCS 1/110-80 new)
14  Sec. 110-80. Battery-charged fences.
15  (a) As used in this Section, "battery-charged fence" means
16  a fence energized by a battery that is not more than 12 volts
17  of direct current that interfaces with an alarm system in a
18  manner that enables the fence to cause the connected alarm
19  system to transmit a signal intended to notify law enforcement
20  of a potential intrusion.
21  (b) Notwithstanding any other law, a township may not
22  require a permit or other approval for the installation,
23  maintenance, placement, replacement, or servicing of a
24  battery-charged fence if (i) the battery-charged fence is

 

 

  HB2154 Engrossed - 2 - LRB103 25136 AWJ 51475 b


HB2154 Engrossed- 3 -LRB103 25136 AWJ 51475 b   HB2154 Engrossed - 3 - LRB103 25136 AWJ 51475 b
  HB2154 Engrossed - 3 - LRB103 25136 AWJ 51475 b
1  located on nonresidential property completely surrounded by a
2  nonelectric perimeter fence or wall that is not less than 5
3  feet in height and does not exceed 10 feet in height or 2 feet
4  higher than the nonelectric perimeter fence or wall, whichever
5  is higher, and (ii) any electrical charge produced on contact
6  does not exceed energizer characteristics set for electric
7  fences by the International Electrotechnical Commission.
8  (c) Any battery-charged fence installed under this Section
9  must have conspicuous signs located on the fence placed not
10  less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
11  Section 15. The Illinois Municipal Code is amended by
12  adding Section 11-13-28 as follows:
13  (65 ILCS 5/11-13-28 new)
14  Sec. 11-13-28. Battery-charged fences.
15  (a) As used in this Section, "battery-charged fence" means
16  a fence energized by a battery that is not more than 12 volts
17  of direct current that interfaces with an alarm system in a
18  manner that enables the fence to cause the connected alarm
19  system to transmit a signal intended to notify law enforcement
20  of a potential intrusion.
21  (b) Notwithstanding any other law, a municipality may not
22  require a permit or other approval for the installation,
23  maintenance, placement, replacement, or servicing of a
24  battery-charged fence if (i) the battery-charged fence is

 

 

  HB2154 Engrossed - 3 - LRB103 25136 AWJ 51475 b


HB2154 Engrossed- 4 -LRB103 25136 AWJ 51475 b   HB2154 Engrossed - 4 - LRB103 25136 AWJ 51475 b
  HB2154 Engrossed - 4 - LRB103 25136 AWJ 51475 b
1  located on nonresidential property completely surrounded by a
2  nonelectric perimeter fence or wall that is not less than 5
3  feet in height and does not exceed 10 feet in height or 2 feet
4  higher than the nonelectric perimeter fence or wall, whichever
5  is higher, and (ii) any electrical charge produced on contact
6  does not exceed energizer characteristics set for electric
7  fences by the International Electrotechnical Commission.
8  (c) Any battery-charged fence installed under this Section
9  must have conspicuous signs located on the fence placed not
10  less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
11  (d) A home rule municipality may not regulate
12  battery-charged fencing in a manner inconsistent with this
13  Section. This Section is a limitation under subsection (i) of
14  Section 6 of Article VII of the Illinois Constitution on the
15  concurrent exercise by home rule units of powers and functions
16  exercised by the State.

 

 

  HB2154 Engrossed - 4 - LRB103 25136 AWJ 51475 b