97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1390

 

Introduced 2/14/2011___________, by

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-13-1.5 new

    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

 

HB1390LRB097 07768 KMW 47880 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 Illinois Municipal Code is amended by adding
5Section 11-13-1.5 as follows:
 
6    (65 ILCS 5/11-13-1.5 new)
7    Sec. 11-13-1.5. Amateur radio communications; antenna
8regulations. Notwithstanding any provision of law to the
9contrary, no ordinance or resolution may be adopted or enforced
10by a municipality after the effective date of this amendatory
11Act of the 97th General Assembly that affects the placement,
12screening, or height of antennas or antenna support structures
13that are used for amateur radio communications unless the
14ordinance or resolution: (i) has a reasonable and clearly
15defined aesthetic, public health, or safety objective and
16represents the minimum practical regulation that is necessary
17to accomplish the objectives; and (ii) reasonably accommodates
18amateur radio communications.
19    A municipality may not regulate the antennas or antenna
20support structures that are used for amateur radio
21communications in a manner inconsistent with this Section. This
22Section is a limitation under subsection (i) of Section 6 of
23Article VII of the Illinois Constitution on the concurrent

 

 

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1exercise by home rule units of powers and functions exercised
2by the State.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.