Sen. David Luechtefeld
Filed: 4/28/2010
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1 | AMENDMENT TO HOUSE BILL 4973
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2 | AMENDMENT NO. ______. Amend House Bill 4973, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Municipal Code is amended by | ||||||
6 | changing Section 11-74.6-50 and by adding Section 11-5.3-2 as | ||||||
7 | follows: | ||||||
8 | (65 ILCS 5/11-5.3-2 new) | ||||||
9 | Sec. 11-5.3-2. False alarms. | ||||||
10 | (a) The corporate authorities of each municipality may, by | ||||||
11 | ordinance, impose a fine against persons making more than 3 | ||||||
12 | false alarms within a 12-month period at a single location. The | ||||||
13 | fine may not exceed the following: (i) $50 per false alarm for | ||||||
14 | the fourth through sixth false alarm, (ii) $100 per false alarm | ||||||
15 | for the seventh through tenth false alarm, and (iii) $200 per | ||||||
16 | false alarm for the eleventh or subsequent false alarm. |
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1 | (b) The following may not be considered false alarms: | ||||||
2 | (1) Alarms activated by the installation, repair, | ||||||
3 | maintenance, or testing of an alarm if the appropriate | ||||||
4 | public safety agency is notified in advance by the alarm | ||||||
5 | company or alarm user conducting the installation, repair, | ||||||
6 | maintenance, or testing. Failure of the alarm company or | ||||||
7 | alarm user conducting the installation, repair, | ||||||
8 | maintenance, or testing to notify the designated emergency | ||||||
9 | services agency shall not result in a false alarm | ||||||
10 | designation or fine for the alarm user. | ||||||
11 | (2) Alarms activated by the installation, repair, or | ||||||
12 | testing of telephone or electrical lines or related | ||||||
13 | equipment. | ||||||
14 | (3) Alarms activated by an act of God including, but | ||||||
15 | not limited to, earthquakes, floods, winds, or storms. | ||||||
16 | (4) Alarms activated by an attempted illegal entry of | ||||||
17 | which there is physical evidence. | ||||||
18 | (5) Alarms activated by an individual or group of | ||||||
19 | individuals engaged in or assisting in the act of retail | ||||||
20 | theft in violation of Article 16A of the Criminal Code of | ||||||
21 | 1961. | ||||||
22 | (6) Alarms activated by a surge or loss of electrical | ||||||
23 | power or telephone service to the alarm system. | ||||||
24 | (7) Alarms in buildings open to the public that are | ||||||
25 | activated by a member of the public when a situation | ||||||
26 | requiring the response of police, fire, or emergency |
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1 | medical services does not exist. | ||||||
2 | (c) Each municipality adopting a false alarm ordinance | ||||||
3 | shall designate one emergency services contact for alarm | ||||||
4 | companies and alarm users to notify in the event the activity | ||||||
5 | of the alarm company or alarm user may or does trigger a false | ||||||
6 | alarm. The emergency services agency designated by the | ||||||
7 | municipality shall notify the alarm user, in writing, within 14 | ||||||
8 | days after each recorded false alarm. The alarm user shall have | ||||||
9 | 14 days to appeal the designation. The municipality shall | ||||||
10 | annually publish the contact number of the designated emergency | ||||||
11 | services contact in a newspaper of general circulation within | ||||||
12 | the municipality. If there is no newspaper of general | ||||||
13 | circulation within the municipality, then the municipality | ||||||
14 | must publish the contact number in a newspaper of general | ||||||
15 | circulation within the county. | ||||||
16 | (d) An alarm user may raise as an affirmative defense to a | ||||||
17 | violation of this Section that the alarm user has taken all | ||||||
18 | reasonable measures to eliminate false alarms. Those | ||||||
19 | reasonable measures must include all of the following: | ||||||
20 | (1) using an alarm system that is installed and | ||||||
21 | maintained by a properly licensed private alarm | ||||||
22 | contractor; | ||||||
23 | (2) having documentary evidence that the alarm system | ||||||
24 | was installed, inspected, or tested by a properly licensed | ||||||
25 | private alarm contractor within the previous 12 months; and | ||||||
26 | (3) making every reasonable effort to have a |
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1 | responsible person arrive at the protected premises within | ||||||
2 | 45 minutes if requested by the emergency services contact | ||||||
3 | to perform one or more of the following acts: (i) | ||||||
4 | deactivate the alarm system, (ii) provide access to the | ||||||
5 | alarm location, or (iii) provide alternative security for | ||||||
6 | the alarm location. | ||||||
7 | (e) For the purposes of this Section, "alarm company" means | ||||||
8 | any firm, person, partnership, corporation, or other legal | ||||||
9 | entity required to be licensed by the State under the Private | ||||||
10 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
11 | Vendor, and Locksmith Act of 2004 that, with respect to any | ||||||
12 | alarm installed upon any premises within the municipality, has | ||||||
13 | servicing, maintenance, or monitoring duties or | ||||||
14 | responsibilities under the terms of any agreement or | ||||||
15 | arrangement with an alarm user. | ||||||
16 | For the purposes of this Section, "alarm user" means any | ||||||
17 | person, firm, partnership, corporation, or other legal entity | ||||||
18 | in control of any building, premise, structure, or facility | ||||||
19 | upon which an alarm is maintained. | ||||||
20 | For the purposes of this Section, "false alarm" means any | ||||||
21 | alarm system activated in the absence of a situation reasonably | ||||||
22 | believed to require the response of police, fire, or emergency | ||||||
23 | medical services. | ||||||
24 | (f) A home rule municipality may not regulate false alarms | ||||||
25 | in a manner that is more restrictive than this Act. This | ||||||
26 | Section is a limitation under subsection (i) of Section 6 of |
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1 | Article VII of the Illinois Constitution on the concurrent | ||||||
2 | exercise by home rule units of powers and functions exercised | ||||||
3 | by the State. | ||||||
4 | (65 ILCS 5/11-74.6-50) | ||||||
5 | Sec. 11-74.6-50. Report; sunset of authority. On or before | ||||||
6 | the date which is 60 months following the
date
on which
this | ||||||
7 | amendatory Act of 1994 becomes law, the Department shall submit | ||||||
8 | to the
General Assembly a
report detailing the number of | ||||||
9 | redevelopment project areas that have been
established, the | ||||||
10 | number and type of jobs created or retained
therein, the | ||||||
11 | aggregate amount of tax increment incentives provided, the
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12 | aggregate amount of private investment produced therein, the | ||||||
13 | amount of tax
increment revenue produced and available for | ||||||
14 | expenditure within the tax
increment financing districts and | ||||||
15 | such additional
information
as the Department may determine to | ||||||
16 | be relevant. | ||||||
17 | On or after January 1, 2013 the date which
is 16 years | ||||||
18 | following the date on which this amendatory Act
of 1994 becomes
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19 | law the authority
granted hereunder to municipalities to | ||||||
20 | establish redevelopment
project areas and to adopt tax | ||||||
21 | increment allocation financing in connection
therewith
shall | ||||||
22 | expire unless the General Assembly shall have
authorized | ||||||
23 | municipalities to continue to exercise said
powers. | ||||||
24 | (Source: P.A. 91-474, eff. 11-1-99.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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