Public Act 90-0285 of the 90th General Assembly

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Public Act 90-0285

SB999 Enrolled                                 LRB9001711DNsb

    AN ACT concerning community antenna  television  systems,
amending named Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Counties  Code  is  amended  by  changing
Section 5-1095 as follows:

    (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
    Sec.   5-1095.   Community  antenna  television  systems;
satellite transmitted television programming.
    (a)  The County Board may license, tax or  franchise  the
business  of  operating a community antenna television system
or systems within the County and outside of  a  municipality,
as defined in Section 1-1-2 of the Illinois Municipal Code.
    When  an  area is annexed to a municipality, the annexing
municipality shall thereby become the  franchising  authority
with  respect  to  that  portion  of  any  community  antenna
television  system  that,  immediately before annexation, had
provided cable television services within  the  annexed  area
under  a  franchise  granted  by the county, and the owner of
that community antenna television  system  shall  thereby  be
authorized  to  provide  cable television services within the
annexed area under the terms and provisions of  the  existing
franchise.   In  that instance, the franchise shall remain in
effect until, by its  terms,  it  expires,  except  that  any
franchise  fees  payable under the franchise shall be payable
only to the county for a period of 5 years or until,  by  its
terms,  the franchise expires, whichever occurs first.  After
the 5 year period,  any  franchise  fees  payable  under  the
franchise shall be paid to the annexing municipality.  In any
instance   in  which  a  duly  franchised  community  antenna
television system  is  providing  cable  television  services
within  the  annexing municipality at the time of annexation,
the annexing  municipality  may  permit  that  franchisee  to
extend its community antenna television system to the annexed
area  under  terms and conditions that are no more burdensome
nor less favorable to  that  franchisee  than  those  imposed
under  any  community antenna television franchise applicable
to  the  annexed  area  at  the  time  of  annexation.    The
authorization to  extend  cable  television  service  to  the
annexed  area  and  any  community  antenna television system
authorized to provide cable television  services  within  the
annexed  area  at the time of annexation shall not be subject
to the provisions of subsection (e) of this Section.
    (b)  "Community antenna television  system"  as  used  in
this  Section,  means  any  facility  which is constructed in
whole or in part in, on, under or over any highway  or  other
public  place  and  which is operated to perform for hire the
service of receiving and amplifying the signals broadcast  by
one  or  more  television  stations  and  redistributing such
signals by wire, cable or  other  means  to  members  of  the
public  who  subscribe  to such service except that such term
does not include (i) any system which serves  fewer  than  50
subscribers   or  (ii)  any  system  which  serves  only  the
residents of one or more  apartment  dwellings  under  common
ownership,    control    or    management,   and   commercial
establishments located on the premises of such dwellings.
    (c)  The authority hereby granted does  not  include  the
authority to license or franchise telephone companies subject
to  the  jurisdiction  of the Illinois Commerce Commission or
the Federal  Communications  Commission  in  connection  with
furnishing circuits, wires, cables or other facilities to the
operator of a community antenna television system.
    The  County  Board may, in the course of franchising such
community antenna television system, grant to such franchisee
the authority and the right and permission to use all  public
streets,  rights  of  way,  alleys,  ways  for public service
facilities, parks,  playgrounds,  school  grounds,  or  other
public  grounds,  in  which such county may have an interest,
for the construction, installation,  operation,  maintenance,
alteration, addition, extension or improvement of a community
antenna television system.
    Any  charge  imposed  by  a  community antenna television
system franchised pursuant to this Section for the raising or
removal of cables or lines to permit passage on, to or from a
street  shall  not  exceed  the  reasonable  costs  of   work
reasonably necessary to safely permit such passage.  Pursuant
to subsections (h) and (i) of Section 6 of Article VII of the
Constitution  of  the State of Illinois, the General Assembly
declares the regulation of charges which may  be  imposed  by
community  antenna  television  systems  for  the  raising or
removal of cables or lines to permit passage on, to  or  from
streets is a power or function to be exercised exclusively by
the  State  and not to be exercised or performed concurrently
with the State by any unit of local government, including any
home rule unit.
    The  County  Board  may,  upon  written  request  by  the
franchisee of a community antenna television system, exercise
its right  of  eminent  domain  solely  for  the  purpose  of
granting  an  easement right no greater than 8 feet in width,
extending no greater than 8 feet from any lot  line  for  the
purpose  of  extending cable across any parcel of property in
the manner  provided  for  by  the  law  of  eminent  domain,
provided,  however,  such franchisee deposits with the county
sufficient security to pay all costs incurred by  the  county
in the exercise of its right of eminent domain.
    Except   as   specifically  provided  otherwise  in  this
Section, this Section is not a limitation on  any  home  rule
county.
    (d)  The   General   Assembly  finds  and  declares  that
satellite-transmitted  television   programming   should   be
available   to   those   who  desire  to  subscribe  to  such
programming and that decoding devices should be obtainable at
reasonable  prices  by  those  who  are  unable   to   obtain
satellite-transmitted  television  programming  through  duly
franchised community antenna television systems.
    In  any  instance  in  which a person is unable to obtain
satellite-transmitted television programming through  a  duly
franchised community antenna television system either because
the  municipality and county in which such person resides has
not granted a franchise to operate and maintain  a  community
antenna  television  system,  or  because the duly franchised
community antenna television system operator  does  not  make
cable  television  services  available  to  such  person, any
programming  company  that   delivers   satellite-transmitted
television  programming  in scrambled or encrypted form shall
ensure that devices for decryption of  such  programming  are
made  available  to  such person, through the local community
antenna television operator  or  directly,  for  purchase  or
lease at prices reasonably related to the cost of manufacture
and distribution of such devices.
    (e)  The  General  Assembly  finds  and declares that, in
order to ensure that community  antenna  television  services
are  provided  in  an  orderly,  competitive and economically
sound manner, the best interests of the public will be served
by  the  establishment  of  certain  minimum  standards   and
procedures  for  the  granting of additional cable television
franchises.
    Subject  to  the  provisions  of  this  subsection,   the
authority  granted  under subsection (a) hereof shall include
the authority to license, franchise and  tax  more  than  one
cable   operator  to  provide  community  antenna  television
services  within  the  territorial   limits   of   a   single
franchising  authority.  For purposes of this subsection (e),
the term:
         (i)  "Existing cable television franchise"  means  a
    community  antenna  television  franchise  granted  by  a
    county  which  is in use at the time such county receives
    an application or request by another cable operator for a
    franchise to provide cable  antenna  television  services
    within  all  or any portion of the territorial area which
    is or may be served under the existing  cable  television
    franchise.
         (ii)  "Additional  cable television franchise" means
    a  franchise  pursuant   to   which   community   antenna
    television   services   may   be   provided   within  the
    territorial areas, or any portion thereof, which  may  be
    served under an existing cable television franchise.
         (iii)  "Franchising  Authority"  is  defined as that
    term  is  defined  under  Section  602(9)  of  the  Cable
    Communications Policy Act of 1984, Public Law 98-549.
         (iv)  "Cable operator" is defined as  that  term  is
    defined  under Section 602(4) of the Cable Communications
    Policy Act of 1984, Public Law 98-549.
    Before granting an additional cable television franchise,
the franchising authority shall:
         (1)  Give written notice to the owner or operator of
    any other community antenna television system  franchised
    to serve all or any portion of the territorial area to be
    served  by  such  additional  cable television franchise,
    identifying the applicant for such  additional  franchise
    and  specifying  the  date,  time  and place at which the
    franchising authority shall conduct  public  hearings  to
    consider  and  determine  whether  such  additional cable
    television franchise should be granted.
         (2)  Conduct  a  public  hearing  to  determine  the
    public  need  for  such   additional   cable   television
    franchise,   the  capacity  of  public  rights-of-way  to
    accommodate such additional community antenna  television
    services,  the  potential disruption to existing users of
    public  rights-of-way  to  be  used  by  such  additional
    franchise  applicant  to  complete  construction  and  to
    provide cable television  services  within  the  proposed
    franchise  area,  the  long  term economic impact of such
    additional cable television system within the  community,
    and such other factors as the franchising authority shall
    deem appropriate.
         (3)  Determine,  based  upon  the foregoing factors,
    whether  it  is  in  the  best  interest  of  the  county
    municipality to grant such  additional  cable  television
    franchise.
         (4)  If  the  franchising  authority shall determine
    that  it  is  in  the  best  interest   of   the   county
    municipality  to do so, it may grant the additional cable
    television franchise.  Except as  provided  in  paragraph
    (5)  of  this  subsection  (e),  provided  that  no  such
    additional  cable  television  franchise shall be granted
    under  terms  or  conditions  more  favorable   or   less
    burdensome to the applicant than those required under the
    existing  cable  television  franchise, including but not
    limited  to  terms  and  conditions  pertaining  to   the
    territorial  extent  of  the  franchise,  system  design,
    technical  performance standards, construction schedules,
    performance  bonds,  standards   for   construction   and
    installation  of  cable television facilities, service to
    subscribers, public educational and  governmental  access
    channels    and   programming,   production   assistance,
    liability and indemnification, and franchise fees.
         (5)  Unless the existing cable television  franchise
    provides  that  any additional cable television franchise
    shall be subject  to  the  same  terms  or  substantially
    equivalent  terms and conditions as those of the existing
    cable television franchise, the franchising authority may
    grant an  additional  cable  television  franchise  under
    different terms and conditions than those of the existing
    franchise, in which event the franchising authority shall
    enter  into  good  faith  negotiations  with the existing
    franchisee and shall, within 120 days after the effective
    date of the additional cable television franchise, modify
    the existing cable television franchise in a  manner  and
    to  the  extent  necessary  to  ensure  that  neither the
    existing cable television franchise  nor  the  additional
    cable   television  franchise,  each  considered  in  its
    entirety,  provides  a  competitive  advantage  over  the
    other, provided that  prior  to  modifying  the  existing
    cable  television  franchise,  the  franchising authority
    shall have conducted a public  hearing  to  consider  the
    proposed modification.   No modification in the terms and
    conditions  of  the  existing  cable television franchise
    shall oblige the existing cable television franchisee (1)
    to  make  any  additional  payment  to  the   franchising
    authority,   including  the  payment  of  any  additional
    franchise  fee,  (2)  to   engage   in   any   additional
    construction  of the existing cable television system or,
    (3)  to  modify  the  specifications  or  design  of  the
    existing cable television system; and  the  inclusion  of
    the  factors identified in items (2) and (3) shall not be
    considered  in  determining  whether   either   franchise
    considered  in  its entirety, has a competitive advantage
    over the other except to the extent that  the  additional
    franchisee  provides additional video or data services or
    the equipment or facilities necessary to generate and  or
    carry  such  service.    No modification in the terms and
    conditions of the  existing  cable  television  franchise
    shall be made if the existing cable television franchisee
    elects  to  continue  to  operate  under  all  terms  and
    conditions of the existing franchise.
         If   within  the  120  day  period  the  franchising
    authority and the existing  cable  television  franchisee
    are  unable  to  reach  agreement on modifications to the
    existing cable television franchise, then the franchising
    authority shall  modify  the  existing  cable  television
    franchise, effective 45 days thereafter, in a manner, and
    only  to the extent, that the terms and conditions of the
    existing  cable  television  franchise  shall  no  longer
    impose any duty or obligation on the existing  franchisee
    which  is  not  also  imposed  under the additional cable
    television franchise; however, if by the modification the
    existing  cable  television  franchisee  is  relieved  of
    duties or obligations not imposed  under  the  additional
    cable  television franchise, then within the same 45 days
    and following a public hearing concerning modification of
    the additional cable television franchise within that  45
    day  period,  the  franchising authority shall modify the
    additional  cable  television  franchise  to  the  extent
    necessary to  insure  that  neither  the  existing  cable
    television  franchise nor the additional cable television
    franchise, each considered in its entirety, shall have  a
    competitive advantage over the other.
    No county shall be subject to suit for damages based upon
the  county's  determination to grant or its refusal to grant
an additional cable television  franchise,  provided  that  a
public  hearing  as  herein  provided  has  been held and the
franchising authority has determined that it is  not  in  the
best  interest of the county to grant or refuse to grant such
additional franchise, as the case may be.
    It is declared to be the law of this State,  pursuant  to
paragraphs  (h)  and  (i)  of Section 6 of Article VII of the
Illinois Constitution,  that  the  establishment  of  minimum
standards and procedures for the granting of additional cable
television  franchises  as provided in this subsection (e) is
an exclusive  State  power  and  function  that  may  not  be
exercised concurrently by a home rule unit.
(Source: P.A. 86-962; 86-1410; revised 1-27-97.)

    Section  10.  The  Illinois  Municipal Code is amended by
changing Section 11-42-11 as follows:

    (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
    Sec. 11-42-11.   Community  antenna  television  systems;
satellite transmitted television programming.
    (a)  The  corporate  authorities of each municipality may
license, franchise  and  tax  the  business  of  operating  a
community  antenna  television system as hereinafter defined.
In municipalities with less than 2,000,000  inhabitants,  the
corporate  authorities  may  own  (or  lease  as  lessee) and
operate  a  community  antenna  television  system.    Before
acquiring,   constructing,   or  commencing  operation  of  a
community antenna television system, the  municipality  shall
comply with the following:
         (1)  Give written notice to the owner or operator of
    any  other community antenna television system franchised
    to serve all or any portion of the territorial area to be
    served by the municipality's community antenna television
    system, specifying the date, time, and place at which the
    municipality shall conduct public  hearings  to  consider
    and  determine  whether  the municipality should acquire,
    construct, or commence operation of a  community  antenna
    television   system.    The   public  hearings  shall  be
    conducted at least 14 days after this notice is given.
         (2)  Publish a notice of the hearing in  2  or  more
    newspapers   published  in  the  county,  city,  village,
    incorporated town, or town, as the case may be.  If there
    is no such newspaper, then notice shall be  published  in
    any  2  or  more  newspapers  published in the county and
    having a general circulation  throughout  the  community.
    The  public  hearings shall be conducted at least 14 days
    after this notice is given.
         (3)  Conduct a public hearing to determine the means
    by which construction, maintenance, and operation of  the
    system will be financed, including whether the use of tax
    revenues or other fees will be required.
    (b)  The  words  "community  antenna  television  system"
shall  mean  any facility which is constructed in whole or in
part in, on, under or over any highway or other public  place
and  which  is  operated  to  perform for hire the service of
receiving and amplifying the signals broadcast by one or more
television stations and redistributing such signals by  wire,
cable  or  other means to members of the public who subscribe
to such  service;  except  that  such  definition  shall  not
include   (i)  any  system  which  serves  fewer  than  fifty
subscribers,  or  (ii)  any  system  which  serves  only  the
residents of one or more  apartment  dwellings  under  common
ownership,    control    or    management,   and   commercial
establishments located on the premises of such dwellings.
    (c)  The  authority  hereby  granted  does  not   include
authority  to  license,  franchise or tax telephone companies
subject to jurisdiction of the Illinois  Commerce  Commission
or  the  Federal Communications Commission in connection with
the  furnishing  of  circuits,  wires,  cables,   and   other
facilities  to the operator of a community antenna television
system.
    The corporate authorities of each  municipality  may,  in
the  course  of franchising such community antenna television
system, grant to such franchisee the authority and the  right
and  permission  to  use  all  public streets, rights of way,
alleys,  ways   for   public   service   facilities,   parks,
playgrounds,  school  grounds,  or  other  public grounds, in
which  such  municipality  may  have  an  interest,  for  the
construction,    installation,    operation,     maintenance,
alteration, addition, extension or improvement of a community
antenna television system.
    Any  charge  imposed  by  a  community antenna television
system franchised pursuant to this Section for the raising or
removal of cables or lines to permit passage on, to or from a
street  shall  not  exceed  the  reasonable  costs  of   work
reasonably necessary to safely permit such passage.  Pursuant
to subsections (h) and (i) of Section 6 of Article VII of the
Constitution  of  the State of Illinois, the General Assembly
declares the regulation of charges which may  be  imposed  by
community  antenna  television  systems  for  the  raising or
removal of cables or lines to permit passage on, to  or  from
streets is a power or function to be exercised exclusively by
the  State  and not to be exercised or performed concurrently
with the State by any unit of local government, including any
home rule unit.
    The  municipality  may,  upon  written  request  by   the
franchisee of a community antenna television system, exercise
its  right  of  eminent  domain  solely  for  the  purpose of
granting an easement right no greater than 8 feet  in  width,
extending  no  greater  than 8 feet from any lot line for the
purpose of extending cable across any parcel of  property  in
the  manner  provided by the law of eminent domain, provided,
however,  such  franchisee  deposits  with  the  municipality
sufficient  security  to  pay  all  costs  incurred  by   the
municipality in the exercise of its right of eminent domain.
    (d)  The   General   Assembly  finds  and  declares  that
satellite-transmitted  television   programming   should   be
available   to   those   who  desire  to  subscribe  to  such
programming and that decoding devices should be obtainable at
reasonable  prices  by  those  who  are  unable   to   obtain
satellite-transmitted  television  programming  through  duly
franchised community antenna television systems.
    In  any  instance  in  which a person is unable to obtain
satellite-transmitted television programming through  a  duly
franchised community antenna television system either because
the  municipality and county in which such person resides has
not granted a franchise to operate and maintain  a  community
antenna  television  system,  or  because the duly franchised
community antenna television system operator  does  not  make
cable  television  services  available  to  such  person, any
programming  company  that   delivers   satellite-transmitted
television  programming  in scrambled or encrypted form shall
ensure that devices for description of such  programming  are
made  available  to  such person, through the local community
antenna television operator  or  directly,  for  purchase  or
lease at prices reasonably related to the cost of manufacture
and distribution of such devices.
    (e)  The  General  Assembly  finds  and declares that, in
order to ensure that community  antenna  television  services
are  provided  in  an  orderly,  competitive and economically
sound manner, the best interests of the public will be served
by  the  establishment  of  certain  minimum  standards   and
procedures  for  the  granting of additional cable television
franchises.
    Subject  to  the  provisions  of  this  subsection,   the
authority  granted  under subsection (a) hereof shall include
the authority to license, franchise and  tax  more  than  one
cable   operator  to  provide  community  antenna  television
services within the corporate limits of a single  franchising
authority.  For purposes of this subsection (e), the term:
         (i)  "Existing  cable  television franchise" means a
    community  antenna  television  franchise  granted  by  a
    municipality  which  is  in  use   at   the   time   such
    municipality   receives  an  application  or  request  by
    another cable operator for a franchise to  provide  cable
    antenna  television services within all or any portion of
    the territorial area which is or may be served under  the
    existing cable television franchise.
         (ii)  "Additional  cable television franchise" means
    a  franchise  pursuant   to   which   community   antenna
    television   services   may   be   provided   within  the
    territorial areas, or any portion thereof, which  may  be
    served under an existing cable television franchise.
         (iii)  "Franchising  Authority"  is  defined as that
    term  is  defined  under  Section  602(9)  of  the  Cable
    Communications Policy Act of 1984, Public Law 98-549, but
    does not include any municipality with  a  population  of
    1,000,000 or more.
         (iv)  "Cable  operator"  is  defined as that term is
    defined under Section 602(4) of the Cable  Communications
    Policy Act of 1984, Public Law 98-549.
    Before granting an additional cable television franchise,
the franchising authority shall:
         (1)  Give written notice to the owner or operator of
    any  other community antenna television system franchised
    to serve all or any portion of the territorial area to be
    served by such  additional  cable  television  franchise,
    identifying  the  applicant for such additional franchise
    and specifying the date, time  and  place  at  which  the
    franchising  authority  shall  conduct public hearings to
    consider and  determine  whether  such  additional  cable
    television franchise should be granted.
         (2)  Conduct  a  public  hearing  to  determine  the
    public   need   for   such  additional  cable  television
    franchise,  the  capacity  of  public  rights-of-way   to
    accommodate  such additional community antenna television
    services, the potential disruption to existing  users  of
    public  rights-of-way  to  be  used  by  such  additional
    franchise  applicant  to  complete  construction  and  to
    provide  cable  television  services  within the proposed
    franchise area, the long term  economic  impact  of  such
    additional  cable television system within the community,
    and such other factors as the franchising authority shall
    deem appropriate.
         (3)  Determine, based upon  the  foregoing  factors,
    whether it is in the best interest of the municipality to
    grant such additional cable television franchise.
         (4)  If  the  franchising  authority shall determine
    that it is in the best interest of the municipality to do
    so,  it  may  grant  the  additional   cable   television
    franchise.   Except  as provided in paragraph (5) of this
    subsection (e), provided that no  such  additional  cable
    television  franchise  shall  be  granted  under terms or
    conditions more  favorable  or  less  burdensome  to  the
    applicant  than  those  required under the existing cable
    television franchise, including but not limited to  terms
    and  conditions  pertaining  to the territorial extent of
    the  franchise,  system  design,  technical   performance
    standards,   construction  schedules,  performance bonds,
    standards for  construction  and  installation  of  cable
    television  facilities,  service  to  subscribers, public
    educational  and   governmental   access   channels   and
    programming,   production   assistance,   liability   and
    indemnification, and franchise fees.
         (5)  Unless  the existing cable television franchise
    provides that any additional cable  television  franchise
    shall  be  subject  to  the  same  terms or substantially
    equivalent terms and conditions as those of the  existing
    cable television franchise, the franchising authority may
    grant  an  additional  cable  television  franchise under
    different terms and conditions than those of the existing
    franchise, in which event the franchising authority shall
    enter into good  faith  negotiations  with  the  existing
    franchisee and shall, within 120 days after the effective
    date of the additional cable television franchise, modify
    the  existing  cable television franchise in a manner and
    to the  extent  necessary  to  ensure  that  neither  the
    existing  cable  television  franchise nor the additional
    cable  television  franchise,  each  considered  in   its
    entirety,  provides  a  competitive  advantage  over  the
    other,  provided  that  prior  to  modifying the existing
    cable television  franchise,  the  franchising  authority
    shall  have  conducted  a  public hearing to consider the
    proposed modification.   No modification in the terms and
    conditions of the  existing  cable  television  franchise
    shall oblige the existing cable television franchisee (1)
    to   make  any  additional  payment  to  the  franchising
    authority,  including  the  payment  of  any   additional
    franchise   fee,   (2)   to   engage  in  any  additional
    construction of the existing cable television system  or,
    (3)  to  modify  the  specifications  or  design  of  the
    existing  cable  television  system; and the inclusion of
    the factors identified in items (2) and (3) shall not  be
    considered   in   determining  whether  either  franchise
    considered in its entirety, has a  competitive  advantage
    over  the  other except to the extent that the additional
    franchisee provides additional video or data services  or
    the  equipment or facilities necessary to generate and or
    carry such service.   No modification in  the  terms  and
    conditions  of  the  existing  cable television franchise
    shall be made if the existing cable television franchisee
    elects  to  continue  to  operate  under  all  terms  and
    conditions of the existing franchise.
         If  within  the  120  day  period  the   franchising
    authority  and  the  existing cable television franchisee
    are unable to reach agreement  on  modifications  to  the
    existing cable television franchise, then the franchising
    authority  shall  modify  the  existing  cable television
    franchise, effective 45 days thereafter, in a manner, and
    only to the extent, that the terms and conditions of  the
    existing  cable  television  franchise  shall  no  longer
    impose  any duty or obligation on the existing franchisee
    which is not also  imposed  under  the  additional  cable
    television franchise; however, if by the modification the
    existing  cable  television  franchisee  is  relieved  of
    duties  or  obligations  not imposed under the additional
    cable television franchise, then within the same 45  days
    and following a public hearing concerning modification of
    the  additional cable television franchise within that 45
    day period, the franchising authority  shall  modify  the
    additional  cable  television  franchise  to  the  extent
    necessary  to  insure  that  neither  the  existing cable
    television franchise nor the additional cable  television
    franchise,  each considered in its entirety, shall have a
    competitive advantage over the other.
    No municipality shall be  subject  to  suit  for  damages
based  upon  the municipality's determination to grant or its
refusal to grant an additional  cable  television  franchise,
provided  that  a  public hearing as herein provided has been
held and the franchising authority has determined that it  is
not  in  the  best  interest  of the municipality to grant or
refuse to grant such additional franchise, as  the  case  may
be.
    It  is  declared to be the law of this State, pursuant to
paragraphs (h) and (i) of Section 6 of  Article  VII  of  the
Illinois  Constitution,  that  the  establishment  of minimum
standards and procedures for the granting of additional cable
television franchises by  municipalities  with  a  population
less  than 1,000,000 as provided in this subsection (e) is an
exclusive State power and function that may not be  exercised
concurrently by a home rule unit.
(Source: P.A. 89-657, eff. 8-14-96.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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