Full Text of HB4973 96th General Assembly
HB4973sam002 96TH GENERAL ASSEMBLY
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Sen. David Luechtefeld
Filed: 4/28/2010
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LRB096 17693 RLJ 40779 a |
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| AMENDMENT TO HOUSE BILL 4973
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| AMENDMENT NO. ______. Amend House Bill 4973, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "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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| (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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| 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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| 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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| 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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| 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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| 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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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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