Bill Text: IL HB2154 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the introduced bill with the following changes. Provides that a county may not require a permit or other approval for the installation, maintenance, placement, replacement, or servicing of a battery-charged fence if the battery-charged fence is located on nonresidential property completely surrounded by a nonelectric perimeter fence or wall that is not less than 5 feet in height and does not exceed 10 feet in height or 2 feet higher than the nonelectric perimeter fence or wall, whichever is higher (rather than surrounded by a nonelectric-perimeter fence or wall). Provides that the signs on the fence shall be located not less than 30 feet apart (rather than located on the fence at not more than 50-foot intervals).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0796 [HB2154 Detail]

Download: Illinois-2023-HB2154-Chaptered.html

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Public Act 103-0796
HB2154 Enrolled LRB103 25136 AWJ 51475 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-12022 as follows:
(55 ILCS 5/5-12022 new)
Sec. 5-12022. Battery-charged fences.
(a) As used in this Section, "battery-charged fence" means
a fence energized by a battery that is not more than 12 volts
of direct current that interfaces with an alarm system in a
manner that enables the fence to cause the connected alarm
system to transmit a signal intended to notify law enforcement
of a potential intrusion.
(b) Notwithstanding any other law, a county 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 completely surrounded by a
nonelectric perimeter fence or wall that is not less than 5
feet in height and does not exceed 10 feet in height or 2 feet
higher than the nonelectric perimeter fence or wall, whichever
is higher, and (ii) any electrical charge produced on contact
does not exceed energizer characteristics set for electric

fences by the International Electrotechnical Commission.
(c) Any battery-charged fence installed under this Section
must have conspicuous signs located on the fence placed not
less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
(d) A home rule county may not regulate battery-charged
fencing in a manner inconsistent with this Section. This
Section 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.
Section 10. The Township Code is amended by adding Section
110-80 as follows:
(60 ILCS 1/110-80 new)
Sec. 110-80. Battery-charged fences.
(a) As used in this Section, "battery-charged fence" means
a fence energized by a battery that is not more than 12 volts
of direct current that interfaces with an alarm system in a
manner that enables the fence to cause the connected alarm
system to transmit a signal intended to notify law enforcement
of a potential intrusion.
(b) Notwithstanding any other law, a township 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 completely surrounded by a
nonelectric perimeter fence or wall that is not less than 5
feet in height and does not exceed 10 feet in height or 2 feet
higher than the nonelectric perimeter fence or wall, whichever
is higher, and (ii) any electrical charge produced on contact
does not exceed energizer characteristics set for electric
fences by the International Electrotechnical Commission.
(c) Any battery-charged fence installed under this Section
must have conspicuous signs located on the fence placed not
less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
Section 15. The Illinois Municipal Code is amended by
adding Section 11-13-28 as follows:
(65 ILCS 5/11-13-28 new)
Sec. 11-13-28. Battery-charged fences.
(a) As used in this Section, "battery-charged fence" means
a fence energized by a battery that is not more than 12 volts
of direct current that interfaces with an alarm system in a
manner that enables the fence to cause the connected alarm
system to transmit a signal intended to notify law enforcement
of a potential intrusion.
(b) Notwithstanding any other law, a 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 completely surrounded by a
nonelectric perimeter fence or wall that is not less than 5
feet in height and does not exceed 10 feet in height or 2 feet
higher than the nonelectric perimeter fence or wall, whichever
is higher, and (ii) any electrical charge produced on contact
does not exceed energizer characteristics set for electric
fences by the International Electrotechnical Commission.
(c) Any battery-charged fence installed under this Section
must have conspicuous signs located on the fence placed not
less than 30 feet apart that read: "WARNING: ELECTRIC FENCE".
(d) A home rule municipality may not regulate
battery-charged fencing in a manner inconsistent with this
Section. This Section 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.