HB4073 102ND GENERAL ASSEMBLY

LRB102 18168 AWJ 25706 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4073

Introduced 4/28/2021, by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:

New Act

Creates the Battery-Charged Fence Alarm Act. Provides that a municipality or county may not: (1) require a permit or fee for the installation or use of a battery-charged fence alarm that is in addition to an alarm system permit issued by the municipality or county; (2) impose installation or operational requirements for the battery-charged fence that are inconsistent with the Act; or (3) prohibit the installation or use of a battery-charged fence alarm. Defines terms. Limits home rule powers.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Battery-Charged Fence Alarm Act.

Section 5. Definitions. As used in this Act:

"Alarm system" has the meaning given to that term in Section 5-10 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

"Battery-charged fence alarm" means an alarm system and ancillary components or equipment attached to such a system, including, but not limited to, a fence that is connected to battery-operated energizer which is intended to periodically deliver voltage impulses to the fence and battery charging device used exclusively to charge the battery.

Section 10. Regulation of battery-charged fence alarms. Notwithstanding any other provision of law, a municipality or county may not:

(1) require a permit or fee for the installation or use of a battery-charged fence alarm that is in addition to an alarm system permit issued by the municipality or county;

(2) impose installation or operational requirements for a battery-charged fence alarm other than the following requirements:

(A) interfaces with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon a business or law enforcement agency in response to an intrusion or burglary;

(B) is located on property that is not designated by a municipality or county exclusively for residential use;

(C) has an energizer that is driven by a commercial storage battery that is not more than 12 volts of direct current;

(D) produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission Standard 60335.2.76, Current Edition;

(E) is completely surrounded by a non-electric perimeter fence or wall that is not less than 5 feet in height;

(F) is not more than the higher of:

(i) ten feet in height, or

(ii) two feet higher than the height of the non-electric perimeter fence or wall; and

(G) is marked with conspicuous warning signs that are located on the battery-charged fence at not more than 40-foot intervals and that reads: "WARNING—ELECTRIC FENCE"; or

(3) prohibit the installation or use of a battery-charged fence alarm.

Section 15. Home Rule. A home rule unit may not regulate battery-charged fence alarms in a manner inconsistent with this Act. This Act 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.