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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2154

Introduced , 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

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.
LRB103 25136 AWJ 51475 b

A BILL FOR

HB2154LRB103 25136 AWJ 51475 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 5. The Counties Code is amended by adding Section
55-12022 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
9a fence energized by a battery that is not more than 12 volts
10of direct current that interfaces with an alarm system in a
11manner that enables the fence to cause the connected alarm
12system to transmit a signal intended to notify law enforcement
13of a potential intrusion.
14 (b) Notwithstanding any other law, a county may not
15require a permit or other approval for the installation,
16maintenance, placement, replacement, or servicing of a
17battery-charged fence if (i) the battery-charged fence is
18located on nonresidential property and surrounded by a
19nonelectric-perimeter fence or wall and (ii) any electrical
20charge produced on contact does not exceed energizer
21characteristics set for electric fences by the International
22Electrotechnical Commission.
23 (c) Any battery-charged fence installed under this Section

HB2154- 2 -LRB103 25136 AWJ 51475 b
1must have a conspicuous sign located on the fence at not more
2than 50-foot intervals that reads: "WARNING: ELECTRIC FENCE".
3 (d) A home rule county may not regulate battery-charged
4fencing in a manner inconsistent with this Section. This
5Section is a limitation under subsection (i) of Section 6 of
6Article VII of the Illinois Constitution on the concurrent
7exercise by home rule units of powers and functions exercised
8by the State.
9 Section 10. The Township Code is amended by adding Section
10110-80 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
14a fence energized by a battery that is not more than 12 volts
15of direct current that interfaces with an alarm system in a
16manner that enables the fence to cause the connected alarm
17system to transmit a signal intended to notify law enforcement
18of a potential intrusion.
19 (b) Notwithstanding any other law, a township may not
20require a permit or other approval for the installation,
21maintenance, placement, replacement, or servicing of a
22battery-charged fence if (i) the battery-charged fence is
23located on nonresidential property and surrounded by a
24nonelectric-perimeter fence or wall and (ii) any electrical

HB2154- 3 -LRB103 25136 AWJ 51475 b
1charge produced on contact does not exceed energizer
2characteristics set for electric fences by the International
3Electrotechnical Commission.
4 (c) Any battery-charged fence installed under this Section
5must have a conspicuous sign located on the fence at not more
6than 50-foot intervals that reads: "WARNING: ELECTRIC FENCE".
7 Section 15. The Illinois Municipal Code is amended by
8adding 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
12a fence energized by a battery that is not more than 12 volts
13of direct current that interfaces with an alarm system in a
14manner that enables the fence to cause the connected alarm
15system to transmit a signal intended to notify law enforcement
16of a potential intrusion.
17 (b) Notwithstanding any other law, a municipality may not
18require a permit or other approval for the installation,
19maintenance, placement, replacement, or servicing of a
20battery-charged fence if (i) the battery-charged fence is
21located on nonresidential property and surrounded by a
22nonelectric-perimeter fence or wall and (ii) any electrical
23charge produced on contact does not exceed energizer
24characteristics set for electric fences by the International

HB2154- 4 -LRB103 25136 AWJ 51475 b
1Electrotechnical Commission.
2 (c) Any battery-charged fence installed under this Section
3must have a conspicuous sign located on the fence at not more
4than 50-foot intervals that reads: "WARNING: ELECTRIC FENCE".
5 (d) A home rule municipality may not regulate
6battery-charged fencing in a manner inconsistent with this
7Section. This Section is a limitation under subsection (i) of
8Section 6 of Article VII of the Illinois Constitution on the
9concurrent exercise by home rule units of powers and functions
10exercised by the State.
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