Full Text of HB2154 103rd General Assembly
HB2154ham001 103RD GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 2/28/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2154
| 2 | | AMENDMENT NO. ______. Amend House Bill 2154 by replacing | 3 | | everything after the enacting clause with the following:
| 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 |
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| 1 | | battery-charged fence if (i) the battery-charged fence is | 2 | | located on nonresidential property completely surrounded by a | 3 | | nonelectric perimeter fence or wall that is not less than 5 | 4 | | feet in height and does not exceed 10 feet in height or 2 feet | 5 | | higher than the nonelectric perimeter fence or wall, whichever | 6 | | is higher, and (ii) any electrical charge produced on contact | 7 | | does not exceed energizer characteristics set for electric | 8 | | fences by the International Electrotechnical Commission. | 9 | | (c) Any battery-charged fence installed under this Section | 10 | | must have conspicuous signs located on the fence placed not | 11 | | less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". | 12 | | (d) A home rule county may not regulate battery-charged | 13 | | fencing in a manner inconsistent with this Section. This | 14 | | Section is a limitation under subsection (i) of Section 6 of | 15 | | Article VII of the Illinois Constitution on the concurrent | 16 | | exercise by home rule units of powers and functions exercised | 17 | | by the State. | 18 | | Section 10. The Township Code is amended by adding Section | 19 | | 110-80 as follows: | 20 | | (60 ILCS 1/110-80 new) | 21 | | Sec. 110-80. Battery-charged fences. | 22 | | (a) As used in this Section, "battery-charged fence" means | 23 | | a fence energized by a battery that is not more than 12 volts | 24 | | of direct current that interfaces with an alarm system in a |
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| 1 | | manner that enables the fence to cause the connected alarm | 2 | | system to transmit a signal intended to notify law enforcement | 3 | | of a potential intrusion. | 4 | | (b) Notwithstanding any other law, a township may not | 5 | | require a permit or other approval for the installation, | 6 | | maintenance, placement, replacement, or servicing of a | 7 | | battery-charged fence if (i) the battery-charged fence is | 8 | | located on nonresidential property completely surrounded by a | 9 | | nonelectric perimeter fence or wall that is not less than 5 | 10 | | feet in height and does not exceed 10 feet in height or 2 feet | 11 | | higher than the nonelectric perimeter fence or wall, whichever | 12 | | is higher, and (ii) any electrical charge produced on contact | 13 | | does not exceed energizer characteristics set for electric | 14 | | fences by the International Electrotechnical Commission. | 15 | | (c) Any battery-charged fence installed under this Section | 16 | | must have conspicuous signs located on the fence placed not | 17 | | less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". | 18 | | Section 15. The Illinois Municipal Code is amended by | 19 | | adding Section 11-13-28 as follows: | 20 | | (65 ILCS 5/11-13-28 new) | 21 | | Sec. 11-13-28. Battery-charged fences. | 22 | | (a) As used in this Section, "battery-charged fence" means | 23 | | a fence energized by a battery that is not more than 12 volts | 24 | | of direct current that interfaces with an alarm system in a |
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| 1 | | manner that enables the fence to cause the connected alarm | 2 | | system to transmit a signal intended to notify law enforcement | 3 | | of a potential intrusion. | 4 | | (b) Notwithstanding any other law, a municipality may not | 5 | | require a permit or other approval for the installation, | 6 | | maintenance, placement, replacement, or servicing of a | 7 | | battery-charged fence if (i) the battery-charged fence is | 8 | | located on nonresidential property completely surrounded by a | 9 | | nonelectric perimeter fence or wall that is not less than 5 | 10 | | feet in height and does not exceed 10 feet in height or 2 feet | 11 | | higher than the nonelectric perimeter fence or wall, whichever | 12 | | is higher, and (ii) any electrical charge produced on contact | 13 | | does not exceed energizer characteristics set for electric | 14 | | fences by the International Electrotechnical Commission. | 15 | | (c) Any battery-charged fence installed under this Section | 16 | | must have conspicuous signs located on the fence placed not | 17 | | less than 30 feet apart that read: "WARNING: ELECTRIC FENCE". | 18 | | (d) A home rule municipality may not regulate | 19 | | battery-charged fencing in a manner inconsistent with this | 20 | | Section. This Section is a limitation under subsection (i) of | 21 | | Section 6 of Article VII of the Illinois Constitution on the | 22 | | concurrent exercise by home rule units of powers and functions | 23 | | exercised by the State. ".
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