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.
  


LRB102 18168 AWJ 25706 b

HOME RULE NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB4073LRB102 18168 AWJ 25706 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the 
5Battery-Charged Fence Alarm Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Alarm system" has the meaning given to that term in 
8Section 5-10 of the Private Detective, Private Alarm, Private 
9Security, Fingerprint Vendor, and Locksmith Act of 2004.
10    "Battery-charged fence alarm" means an alarm system and 
11ancillary components or equipment attached to such a system, 
12including, but not limited to, a fence that is connected to 
13battery-operated energizer which is intended to periodically 
14deliver voltage impulses to the fence and battery charging 
15device used exclusively to charge the battery.
 
16    Section 10. Regulation of battery-charged fence alarms. 
17Notwithstanding any other provision of law, a municipality or 
18county may not:

19        (1) require a permit or fee for the installation or 
20    use of a battery-charged fence alarm that is in addition 
21    to an alarm system permit issued by the municipality or 
22    county;
 
 
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1        (2) impose installation or operational requirements 
2    for a battery-charged fence alarm other than the following 
3    requirements:
4            (A) interfaces with a monitored alarm device in a 
5        manner that enables the alarm system to transmit a 
6        signal intended to summon a business or law 
7        enforcement agency in response to an intrusion or 
8        burglary;
9            (B) is located on property that is not designated 
10        by a municipality or county exclusively for 
11        residential use;
12            (C) has an energizer that is driven by a 
13        commercial storage battery that is not more than 12 
14        volts of direct current;
15            (D) produces an electric charge on contact that 
16        does not exceed energizer characteristics set for 
17        electric fence energizers by the International 
18        Electrotechnical Commission Standard 60335.2.76, 
19        Current Edition;
20            (E) is completely surrounded by a non-electric 
21        perimeter fence or wall that is not less than 5 feet in 
22        height;
23            (F) is not more than the higher of:
24                (i) ten feet in height, or
25                (ii) two feet higher than the height of the 
26            non-electric perimeter fence or wall; and
 
 
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1            (G) is marked with conspicuous warning signs that 
2        are located on the battery-charged fence at not more 
3        than 40-foot intervals and that reads:  
4        "WARNING—ELECTRIC FENCE"; or
5        (3) prohibit the installation or use of a 
6    battery-charged fence alarm.
 
7    Section 15. Home Rule. A home rule unit may not regulate 
8battery-charged fence alarms in a manner inconsistent with 
9this Act. This Act is a limitation under subsection (i) of 
10Section 6 of Article VII of the Illinois Constitution on the 
11concurrent exercise by home rule units of powers and functions 
12exercised by the State.