Full Text of HB2154 103rd General Assembly
HB2154 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2154 Introduced 2/7/2023, by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/5-12022 new | | 60 ILCS 1/110-80 new | | 65 ILCS 5/11-13-28 new | |
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Amends the Counties Code, Township Code, and Illinois Municipal Code. Provides that a county, township, or municipality may not require a permit or other approval for the installation, maintenance, placement, replacement, or servicing of a battery-charged fence if (i) the battery-charged fence is located on nonresidential property and surrounded by a nonelectric-perimeter fence or wall and (ii) any electrical charge produced on contact does not exceed energizer characteristics set for electric fences by the International Electrotechnical Commission.
Provides that any battery-charged fence installed under the provisions must have a conspicuous warning sign located on the fence at not more than 50-foot intervals. Defines "battery-charged fence". Limits the concurrent exercise of home rule powers.
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| | A BILL FOR |
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| | | HB2154 | | LRB103 25136 AWJ 51475 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by adding Section | 5 | | 5-12022 as follows: | 6 | | (55 ILCS 5/5-12022 new) | 7 | | Sec. 5-12022. Battery-charged fences. | 8 | | (a) As used in this Section, "battery-charged fence" means | 9 | | a fence energized by a battery that is not more than 12 volts | 10 | | of direct current that interfaces with an alarm system in a | 11 | | manner that enables the fence to cause the connected alarm | 12 | | system to transmit a signal intended to notify law enforcement | 13 | | of a potential intrusion. | 14 | | (b) Notwithstanding any other law, a county may not | 15 | | require a permit or other approval for the installation, | 16 | | maintenance, placement, replacement, or servicing of a | 17 | | battery-charged fence if (i) the battery-charged fence is | 18 | | located on nonresidential property and surrounded by a | 19 | | nonelectric-perimeter fence or wall and (ii) any electrical | 20 | | charge produced on contact does not exceed energizer | 21 | | characteristics set for electric fences by the International | 22 | | Electrotechnical Commission. | 23 | | (c) Any battery-charged fence installed under this Section |
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| 1 | | must have a conspicuous sign located on the fence at not more | 2 | | than 50-foot intervals that reads: "WARNING: ELECTRIC FENCE". | 3 | | (d) A home rule county may not regulate battery-charged | 4 | | fencing in a manner inconsistent with this Section. This | 5 | | Section is a limitation under subsection (i) of Section 6 of | 6 | | Article VII of the Illinois Constitution on the concurrent | 7 | | exercise by home rule units of powers and functions exercised | 8 | | by the State. | 9 | | Section 10. The Township Code is amended by adding Section | 10 | | 110-80 as follows: | 11 | | (60 ILCS 1/110-80 new) | 12 | | Sec. 110-80. Battery-charged fences. | 13 | | (a) As used in this Section, "battery-charged fence" means | 14 | | a fence energized by a battery that is not more than 12 volts | 15 | | of direct current that interfaces with an alarm system in a | 16 | | manner that enables the fence to cause the connected alarm | 17 | | system to transmit a signal intended to notify law enforcement | 18 | | of a potential intrusion. | 19 | | (b) Notwithstanding any other law, a township may not | 20 | | require a permit or other approval for the installation, | 21 | | maintenance, placement, replacement, or servicing of a | 22 | | battery-charged fence if (i) the battery-charged fence is | 23 | | located on nonresidential property and surrounded by a | 24 | | nonelectric-perimeter fence or wall and (ii) any electrical |
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| 1 | | charge produced on contact does not exceed energizer | 2 | | characteristics set for electric fences by the International | 3 | | Electrotechnical Commission. | 4 | | (c) Any battery-charged fence installed under this Section | 5 | | must have a conspicuous sign located on the fence at not more | 6 | | than 50-foot intervals that reads: "WARNING: ELECTRIC FENCE". | 7 | | Section 15. The Illinois Municipal Code is amended by | 8 | | adding Section 11-13-28 as follows: | 9 | | (65 ILCS 5/11-13-28 new) | 10 | | Sec. 11-13-28. 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 municipality 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 and surrounded by a | 22 | | nonelectric-perimeter fence or wall and (ii) any electrical | 23 | | charge produced on contact does not exceed energizer | 24 | | characteristics set for electric fences by the International |
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| 1 | | Electrotechnical Commission. | 2 | | (c) Any battery-charged fence installed under this Section | 3 | | must have a conspicuous sign located on the fence at not more | 4 | | than 50-foot intervals that reads: "WARNING: ELECTRIC FENCE". | 5 | | (d) A home rule municipality may not regulate | 6 | | battery-charged fencing in a manner inconsistent with this | 7 | | Section. This Section is a limitation under subsection (i) of | 8 | | Section 6 of Article VII of the Illinois Constitution on the | 9 | | concurrent exercise by home rule units of powers and functions | 10 | | exercised by the State.
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