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92nd General Assembly

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Public Act 92-0496

SB720 Enrolled                                 LRB9207687DHmb

    AN ACT in relation to broadcasting.

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

    Section  1.  Short  title.  This  Act may be cited as the
Broadcast Industry Free Market Act.

    Section 5. Definitions. As used in this Act:
    (a)  "Broadcasting industry" means television, radio, and
cable stations.
    (b)  "Broadcast  employee"  means  any  employee   of   a
broadcasting   industry  employer,  other  than  a  sales  or
management employee.

    Section 10. Post-employment covenants not to compete  are
prohibited.
    (a)  No  broadcasting industry employer may require in an
employment contract that an employee or prospective  employee
refrain  from  obtaining  employment in a specific geographic
area for a specific  period  of  time  after  termination  of
employment with that broadcasting industry employer.
    (b)  This  Section  does not prevent the enforcement of a
covenant not to compete during  the  term  of  an  employment
contract  or  against  an employee who breaches an employment
contract.

    Section 15. Damages. Any person or entity  that  violates
Section   10  of  this  Act  is  liable  for  civil  damages,
attorney's fees, and costs.
    Passed in the General Assembly April 25, 2001.
    Governor Vetoed July 20, 2001.
    General Assembly Overrides Total Veto November 28, 2001.
    Effective January 01, 2002.

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