HB4973sam001 96TH GENERAL ASSEMBLY

Sen. David Luechtefeld

Filed: 4/20/2010

09600HB4973sam001 LRB096 17693 RLJ 40294 a

AMENDMENT TO HOUSE BILL 4973

AMENDMENT NO. ______. Amend House Bill 4973 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Municipal Code is amended by adding Section 11-5.3-2 as follows:

(65 ILCS 5/11-5.3-2 new)

Sec. 11-5.3-2. False alarms.

(a) The corporate authorities of each municipality may, by ordinance, impose a fine against persons making more than 3 false alarms within a 12-month period at a single location. The fine may not exceed the following: (i) $50 per false alarm for the fourth through sixth false alarm, (ii) $100 per false alarm for the seventh through tenth false alarm, and (iii) $200 per false alarm for the eleventh or subsequent false alarm.

(b) The following may not be considered false alarms:

(1) Alarms activated by the installation, repair, maintenance, or testing of an alarm if the appropriate public safety agency is notified in advance by the alarm company or alarm user conducting the installation, repair, maintenance, or testing. Failure of the alarm company or alarm user conducting the installation, repair, maintenance, or testing to notify the designated emergency services agency shall not result in a false alarm designation or fine for the alarm user.

(2) Alarms activated by the installation, repair, or testing of telephone or electrical lines or related equipment.

(3) Alarms activated by an act of God including, but not limited to, earthquakes, floods, winds, or storms.

(4) Alarms activated by an attempted illegal entry of which there is physical evidence.

(5) Alarms activated by an individual or group of individuals engaged in or assisting in the act of retail theft in violation of Article 16A of the Criminal Code of 1961.

(6) Alarms activated by a surge or loss of electrical power or telephone service to the alarm system.

(7) Alarms in buildings open to the public that are activated by a member of the public when a situation requiring the response of police, fire, or emergency medical services does not exist.

(c) Each municipality adopting a false alarm ordinance shall designate one emergency services contact for alarm companies and alarm users to notify in the event the activity of the alarm company or alarm user may or does trigger a false alarm. The emergency services agency designated by the municipality shall notify the alarm user, in writing, within 14 days after each recorded false alarm. The alarm user shall have 14 days to appeal the designation. The municipality shall annually publish the contact number of the designated emergency services contact in a newspaper of general circulation within the municipality. If there is no newspaper of general circulation within the municipality, then the municipality must publish the contact number in a newspaper of general circulation within the county.

(d) An alarm user may raise as an affirmative defense to a violation of this Section that the alarm user has taken all reasonable measures to eliminate false alarms. Those reasonable measures must include all of the following:

(1) using an alarm system that is installed and maintained by a properly licensed private alarm contractor;

(2) having documentary evidence that the alarm system was installed, inspected, or tested by a properly licensed private alarm contractor within the previous 12 months; and

(3) making every reasonable effort to have a responsible person arrive at the protected premises within 45 minutes if requested by the emergency services contact to perform one or more of the following acts: (i) deactivate the alarm system, (ii) provide access to the alarm location, or (iii) provide alternative security for the alarm location.

(e) For the purposes of this Section, "alarm company" means any firm, person, partnership, corporation, or other legal entity required to be licensed by the State under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that, with respect to any alarm installed upon any premises within the municipality, has servicing, maintenance, or monitoring duties or responsibilities under the terms of any agreement or arrangement with an alarm user.

For the purposes of this Section, "alarm user" means any person, firm, partnership, corporation, or other legal entity in control of any building, premise, structure, or facility upon which an alarm is maintained.

For the purposes of this Section, "false alarm" means any alarm system activated in the absence of a situation reasonably believed to require the response of police, fire, or emergency medical services.

(f) A home rule municipality may not regulate false alarms in a manner that is more restrictive than this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. ".