Illinois 2023-2024 Regular Session

Illinois House Bill HB2154 Compare Versions

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1-Public Act 103-0796
21 HB2154 EnrolledLRB103 25136 AWJ 51475 b HB2154 Enrolled LRB103 25136 AWJ 51475 b
32 HB2154 Enrolled LRB103 25136 AWJ 51475 b
4-AN ACT concerning local government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Counties Code is amended by adding Section
8-5-12022 as follows:
9-(55 ILCS 5/5-12022 new)
10-Sec. 5-12022. Battery-charged fences.
11-(a) As used in this Section, "battery-charged fence" means
12-a fence energized by a battery that is not more than 12 volts
13-of direct current that interfaces with an alarm system in a
14-manner that enables the fence to cause the connected alarm
15-system to transmit a signal intended to notify law enforcement
16-of a potential intrusion.
17-(b) Notwithstanding any other law, a county may not
18-require a permit or other approval for the installation,
19-maintenance, placement, replacement, or servicing of a
20-battery-charged fence if (i) the battery-charged fence is
21-located on nonresidential property completely surrounded by a
22-nonelectric perimeter fence or wall that is not less than 5
23-feet in height and does not exceed 10 feet in height or 2 feet
24-higher than the nonelectric perimeter fence or wall, whichever
25-is higher, and (ii) any electrical charge produced on contact
26-does not exceed energizer characteristics set for electric
3+1 AN ACT concerning local government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Counties Code is amended by adding Section
7+5 5-12022 as follows:
8+6 (55 ILCS 5/5-12022 new)
9+7 Sec. 5-12022. Battery-charged fences.
10+8 (a) As used in this Section, "battery-charged fence" means
11+9 a fence energized by a battery that is not more than 12 volts
12+10 of direct current that interfaces with an alarm system in a
13+11 manner that enables the fence to cause the connected alarm
14+12 system to transmit a signal intended to notify law enforcement
15+13 of a potential intrusion.
16+14 (b) Notwithstanding any other law, a county may not
17+15 require a permit or other approval for the installation,
18+16 maintenance, placement, replacement, or servicing of a
19+17 battery-charged fence if (i) the battery-charged fence is
20+18 located on nonresidential property completely surrounded by a
21+19 nonelectric perimeter fence or wall that is not less than 5
22+20 feet in height and does not exceed 10 feet in height or 2 feet
23+21 higher than the nonelectric perimeter fence or wall, whichever
24+22 is higher, and (ii) any electrical charge produced on contact
25+23 does not exceed energizer characteristics set for electric
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33-fences by the International Electrotechnical Commission.
34-(c) Any battery-charged fence installed under this Section
35-must have conspicuous signs located on the fence placed not
36-less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
37-(d) A home rule county may not regulate battery-charged
38-fencing in a manner inconsistent with this Section. This
39-Section is a limitation under subsection (i) of Section 6 of
40-Article VII of the Illinois Constitution on the concurrent
41-exercise by home rule units of powers and functions exercised
42-by the State.
43-Section 10. The Township Code is amended by adding Section
44-110-80 as follows:
45-(60 ILCS 1/110-80 new)
46-Sec. 110-80. Battery-charged fences.
47-(a) As used in this Section, "battery-charged fence" means
48-a fence energized by a battery that is not more than 12 volts
49-of direct current that interfaces with an alarm system in a
50-manner that enables the fence to cause the connected alarm
51-system to transmit a signal intended to notify law enforcement
52-of a potential intrusion.
53-(b) Notwithstanding any other law, a township may not
54-require a permit or other approval for the installation,
55-maintenance, placement, replacement, or servicing of a
56-battery-charged fence if (i) the battery-charged fence is
32+HB2154 Enrolled- 2 -LRB103 25136 AWJ 51475 b HB2154 Enrolled - 2 - LRB103 25136 AWJ 51475 b
33+ HB2154 Enrolled - 2 - LRB103 25136 AWJ 51475 b
34+1 fences by the International Electrotechnical Commission.
35+2 (c) Any battery-charged fence installed under this Section
36+3 must have conspicuous signs located on the fence placed not
37+4 less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
38+5 (d) A home rule county may not regulate battery-charged
39+6 fencing in a manner inconsistent with this Section. This
40+7 Section is a limitation under subsection (i) of Section 6 of
41+8 Article VII of the Illinois Constitution on the concurrent
42+9 exercise by home rule units of powers and functions exercised
43+10 by the State.
44+11 Section 10. The Township Code is amended by adding Section
45+12 110-80 as follows:
46+13 (60 ILCS 1/110-80 new)
47+14 Sec. 110-80. Battery-charged fences.
48+15 (a) As used in this Section, "battery-charged fence" means
49+16 a fence energized by a battery that is not more than 12 volts
50+17 of direct current that interfaces with an alarm system in a
51+18 manner that enables the fence to cause the connected alarm
52+19 system to transmit a signal intended to notify law enforcement
53+20 of a potential intrusion.
54+21 (b) Notwithstanding any other law, a township may not
55+22 require a permit or other approval for the installation,
56+23 maintenance, placement, replacement, or servicing of a
57+24 battery-charged fence if (i) the battery-charged fence is
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59-located on nonresidential property completely surrounded by a
60-nonelectric perimeter fence or wall that is not less than 5
61-feet in height and does not exceed 10 feet in height or 2 feet
62-higher than the nonelectric perimeter fence or wall, whichever
63-is higher, and (ii) any electrical charge produced on contact
64-does not exceed energizer characteristics set for electric
65-fences by the International Electrotechnical Commission.
66-(c) Any battery-charged fence installed under this Section
67-must have conspicuous signs located on the fence placed not
68-less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
69-Section 15. The Illinois Municipal Code is amended by
70-adding Section 11-13-28 as follows:
71-(65 ILCS 5/11-13-28 new)
72-Sec. 11-13-28. Battery-charged fences.
73-(a) As used in this Section, "battery-charged fence" means
74-a fence energized by a battery that is not more than 12 volts
75-of direct current that interfaces with an alarm system in a
76-manner that enables the fence to cause the connected alarm
77-system to transmit a signal intended to notify law enforcement
78-of a potential intrusion.
79-(b) Notwithstanding any other law, a municipality may not
80-require a permit or other approval for the installation,
81-maintenance, placement, replacement, or servicing of a
82-battery-charged fence if (i) the battery-charged fence is
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85-located on nonresidential property completely surrounded by a
86-nonelectric perimeter fence or wall that is not less than 5
87-feet in height and does not exceed 10 feet in height or 2 feet
88-higher than the nonelectric perimeter fence or wall, whichever
89-is higher, and (ii) any electrical charge produced on contact
90-does not exceed energizer characteristics set for electric
91-fences by the International Electrotechnical Commission.
92-(c) Any battery-charged fence installed under this Section
93-must have conspicuous signs located on the fence placed not
94-less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
95-(d) A home rule municipality may not regulate
96-battery-charged fencing in a manner inconsistent with this
97-Section. This Section is a limitation under subsection (i) of
98-Section 6 of Article VII of the Illinois Constitution on the
99-concurrent exercise by home rule units of powers and functions
100-exercised by the State.
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68+1 located on nonresidential property completely surrounded by a
69+2 nonelectric perimeter fence or wall that is not less than 5
70+3 feet in height and does not exceed 10 feet in height or 2 feet
71+4 higher than the nonelectric perimeter fence or wall, whichever
72+5 is higher, and (ii) any electrical charge produced on contact
73+6 does not exceed energizer characteristics set for electric
74+7 fences by the International Electrotechnical Commission.
75+8 (c) Any battery-charged fence installed under this Section
76+9 must have conspicuous signs located on the fence placed not
77+10 less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
78+11 Section 15. The Illinois Municipal Code is amended by
79+12 adding Section 11-13-28 as follows:
80+13 (65 ILCS 5/11-13-28 new)
81+14 Sec. 11-13-28. Battery-charged fences.
82+15 (a) As used in this Section, "battery-charged fence" means
83+16 a fence energized by a battery that is not more than 12 volts
84+17 of direct current that interfaces with an alarm system in a
85+18 manner that enables the fence to cause the connected alarm
86+19 system to transmit a signal intended to notify law enforcement
87+20 of a potential intrusion.
88+21 (b) Notwithstanding any other law, a municipality may not
89+22 require a permit or other approval for the installation,
90+23 maintenance, placement, replacement, or servicing of a
91+24 battery-charged fence if (i) the battery-charged fence is
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102+1 located on nonresidential property completely surrounded by a
103+2 nonelectric perimeter fence or wall that is not less than 5
104+3 feet in height and does not exceed 10 feet in height or 2 feet
105+4 higher than the nonelectric perimeter fence or wall, whichever
106+5 is higher, and (ii) any electrical charge produced on contact
107+6 does not exceed energizer characteristics set for electric
108+7 fences by the International Electrotechnical Commission.
109+8 (c) Any battery-charged fence installed under this Section
110+9 must have conspicuous signs located on the fence placed not
111+10 less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
112+11 (d) A home rule municipality may not regulate
113+12 battery-charged fencing in a manner inconsistent with this
114+13 Section. This Section is a limitation under subsection (i) of
115+14 Section 6 of Article VII of the Illinois Constitution on the
116+15 concurrent exercise by home rule units of powers and functions
117+16 exercised by the State.
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123+ HB2154 Enrolled - 4 - LRB103 25136 AWJ 51475 b