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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1390 Introduced 2/14/2011___________, by SYNOPSIS AS INTRODUCED:
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Amends the Illinois Municipal Code. Provides that a municipality shall not adopt or enforce an ordinance or resolution after the effective date of the amendatory Act that affects the placement, screening, or height of antennas or support structures that are used for amateur radio communications unless the ordinance or resolution: (i) has a reasonable and clearly defined aesthetic, public health, or safety objective and represents the minimum practical regulation that is necessary to accomplish the objectives; and (ii) reasonably accommodates amateur radio communications. Limits home rule powers. Effective immediately.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB1390 | | LRB097 07768 KMW 47880 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Municipal Code is amended by adding |
| 5 | | Section 11-13-1.5 as follows:
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| 6 | | (65 ILCS 5/11-13-1.5 new) |
| 7 | | Sec. 11-13-1.5. Amateur radio communications; antenna |
| 8 | | regulations. Notwithstanding any provision of law to the |
| 9 | | contrary, no ordinance or resolution may be adopted or enforced |
| 10 | | by a municipality after the effective date of this amendatory |
| 11 | | Act of the 97th General Assembly that affects the placement, |
| 12 | | screening, or height of antennas or antenna support structures |
| 13 | | that are used for amateur radio communications unless the |
| 14 | | ordinance or resolution: (i) has a reasonable and clearly |
| 15 | | defined aesthetic, public health, or safety objective and |
| 16 | | represents the minimum practical regulation that is necessary |
| 17 | | to accomplish the objectives; and (ii) reasonably accommodates |
| 18 | | amateur radio communications. |
| 19 | | A municipality may not regulate the antennas or antenna |
| 20 | | support structures that are used for amateur radio |
| 21 | | communications in a manner inconsistent with this Section. This |
| 22 | | Section is a limitation under subsection (i) of Section 6 of |
| 23 | | Article VII of the Illinois Constitution on the concurrent |