103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3267

 

Introduced 2/17/2023, 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.


LRB103 30393 AWJ 56823 b

 

 

A BILL FOR

 

HB3267LRB103 30393 AWJ 56823 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;

 

 

HB3267- 2 -LRB103 30393 AWJ 56823 b

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 nonelectric
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) 10 feet in height, or
25                (ii) 2 feet higher than the height of the
26            nonelectric perimeter fence or wall; and

 

 

HB3267- 3 -LRB103 30393 AWJ 56823 b

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.