Bill Amendment: IL SB0063 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HIGHWAY ADS-PERMIT&NOTICE

Status: 2023-08-04 - Public Act . . . . . . . . . 103-0471 [SB0063 Detail]

Download: Illinois-2023-SB0063-Senate_Amendment_001.html

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Sen. Cristina Castro

Filed: 3/28/2023

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AMENDMENT TO SENATE BILL 63
AMENDMENT NO. ______. Amend Senate Bill 63 by replacing
everything after the enacting clause with the following:
"Section 5. The Highway Advertising Control Act of 1971 is
amended by changing Section 8 as follows:
(225 ILCS 440/8) (from Ch. 121, par. 508)
Sec. 8. Within 90 days of July 1, 1972, or the owner being
notified of a new controlled route subject to this Act being
added after the effective date of this Act, each sign, except
signs described by Sections 4.01, 4.02, and 4.03, must be
registered with the Department by the owner of the sign, on
forms obtained from the Department. Within 90 days after the
effective date of this amendatory Act of 1975, each sign
located beyond 660 feet of the right-of-way located outside of
urban areas, visible from the main-traveled way of the highway
and erected with the purpose of the message being read from

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such traveled way, must be registered with the Department by
the owner of the sign on forms obtained from the Department.
The Department shall require reasonable information to be
furnished including the name of the owner of the land on which
the sign is located and a statement that the owner has
consented to the erection or maintenance of the sign.
Registration must be made of each sign and shall be
accompanied by a registration fee of $5.
No sign, except signs described by Sections 4.01, 4.02,
and 4.03, may be erected after the effective date of this Act
without first obtaining a permit from the Department. The
application for permit shall be on a form provided by the
Department and shall contain such information as the
Department may reasonably require. Upon receipt of an
application containing all required information and
appropriately executed and upon payment of the fee required
under this Section, the Department then issues a permit to the
applicant for the erection of the sign, provided such sign
will not violate any provision of this Act. The Department
shall have up to 45 days to complete its review and approve the
permit application or notify the applicant of any and all
deficiencies necessary for the Department's approval. The
applicant shall then have 45 days to correct the noted
deficiencies, and the Department shall have 30 days from
receipt of the notice of corrected deficiencies to make a
final determination. If the application for permit has been

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denied, written notice of the decision shall state in detail
why the application was denied. The application fee shall be
as follows:
(1) for signs of less than 150 square feet, $50;
(2) for signs of at least 150 but less than 300 square
feet, $100; and
(3) for signs of 300 or more square feet, $200.
If a permit application is for a sign within an area
subject to the Airport Zoning Act, the Department shall notify
the applicant in writing that the review process will exceed
the timelines set forth in the Section. Notwithstanding, the
Department shall complete its own review of the permit
application pending approval under the Airport Zoning Act.
In determining the appropriateness of issuing a permit for
a municipal network sign, the Department shall waive any
provision or requirement of this Act or administrative rule
adopted under the authority of this Act to the extent that the
waiver does not contravene the federal Highway Beautification
Act of 1965, 23 U.S.C. 131, and the regulations promulgated
under that Act by the Secretary of the United States
Department of Transportation. Any municipal network sign
applications pending on May 1, 2013 that are not affected by
compliance with the federal Highway Beautification Act of 1965
shall be issued within 10 days after the effective date of this
amendatory Act of the 98th General Assembly. The determination
of the balance of pending municipal network sign applications

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and issuance of approved permits shall be completed within 30
days after the effective date of this amendatory Act of the
98th General Assembly. To the extent that the Secretary of the
United States Department of Transportation or any court finds
any permit granted pursuant to such a waiver to be
inconsistent with or preempted by the federal Highway
Beautification Act of 1965, 23 U.S.C. 131, and the regulations
promulgated under that Act, that permit shall be void.
Upon change of ownership of a sign ownership permit or
sign registration, the new owner of the sign permit or sign
registration shall notify the Department to confirm the change
of ownership and supply the necessary information in writing
or on a form provided by the Department to transfer to renew
the permit or registration for such sign at no cost within 120
60 days after the change of ownership. The Department shall
acknowledge to the new sign owner, in writing or by electronic
communication, the receipt of such request within 14 calendar
days after receiving the necessary information and shall
record the transferee as the new owner. Failure of the new sign
owner to submit the necessary information to transfer the name
of sign ownership on a sign permit within 120 calendar days may
subject the permit to revocation. The Department shall issue a
notice to the sign owner of failure to notify and inform the
transferee of ownership that the transferee has 30 calendar
days from receipt of notice to provide the necessary
information required for the transfer of ownership. Any permit

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not so renewed shall become void.
Owners of registered signs shall be issued an identifying
tag, which must remain securely affixed to the front face of
the sign or sign structure in a conspicuous position by the
owner within 60 days after receipt of the tag; owners of signs
erected by permit shall be issued an identifying tag which
must remain securely affixed to the front face of the sign or
sign structure in a conspicuous position by the owner upon
completion of the sign erection or within 10 days after
receipt of the tag, whichever is the later.
When a sign owner intends to upgrade an existing legal
permitted sign to a multiple message sign with a digital
display, the Department shall not require a new sign permit. A
permit addendum application requesting authorization for the
upgrade shall be made on a form provided by the Department and
shall be accompanied by a $200 fee, which shall not be subject
to return upon rejection of the permit addendum application.
As part of the permit addendum application, the Department
shall not require a new land survey or other documentation
that has previously been submitted and approved and is on file
for the existing permit of the legal permitted sign. Upon
receipt of the permit addendum application, the Department
shall have up to 30 days to complete its initial review and
either approve the addendum to the existing permit or notify
the applicant of any and all deficiencies necessary for the
Department's approval. The applicant shall have 30 days to

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correct the noted deficiencies, upon which the Department
shall have 30 days after receipt of the notice of corrected
deficiencies to make a final determination. If the permit
application addendum is denied, written notice of the decision
shall state in detail why the application was denied. For
purposes of this Section, legal nonconforming sign structures
are not eligible for this upgrade.
A person aggrieved by any action of the Department in
denying an application or revoking a permit or registration
under this Act may, within 30 days after receipt of the notice
of denial or revocation, apply to the Department for an
administrative hearing pursuant to the Administrative Review
Law.
(Source: P.A. 98-56, eff. 7-5-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".