Bill Text: IL HB2764 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Highway Advertising Control Act of 1971. Repeals a provision concerning registration and fees for signs near highways. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0056 [HB2764 Detail]
Download: Illinois-2013-HB2764-Amended.html
Bill Title: Amends the Highway Advertising Control Act of 1971. Repeals a provision concerning registration and fees for signs near highways. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0056 [HB2764 Detail]
Download: Illinois-2013-HB2764-Amended.html
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1 | AMENDMENT TO HOUSE BILL 2764
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2 | AMENDMENT NO. ______. Amend House Bill 2764 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Highway Advertising Control Act of 1971 is | ||||||
5 | amended by changing Sections 3.12, 4.02, 4.03, 4.04, 5, and 8 | ||||||
6 | and by adding Sections 3.17, 3.18, 3.19, and 15 as follows:
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7 | (225 ILCS 440/3.12) (from Ch. 121, par. 503.12)
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8 | Sec. 3.12. Business area. | ||||||
9 | (a) "Business area" means any part of an area adjacent to | ||||||
10 | and
within 660 feet of the right-of-way which is at any time | ||||||
11 | zoned for business,
commercial or industrial activities under | ||||||
12 | the authority of any law of this
State; or not so zoned, but | ||||||
13 | which constitutes an unzoned commercial or
industrial area as | ||||||
14 | defined in Section 3.11. However, as to signs along
Interstate | ||||||
15 | highways, the term "business area" includes only areas which
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16 | are within incorporated limits of any city, village, or |
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1 | incorporated town,
as such limits existed on September 21, | ||||||
2 | 1959, and which are zoned for
industrial or commercial use, or | ||||||
3 | both, or to portions of Interstate highways
which traverse | ||||||
4 | other areas where the land use, as of September 21, l959,
was | ||||||
5 | established by State law as industrial or commercial, or both. | ||||||
6 | With respect to signs owned or leased by the State or a | ||||||
7 | political subdivision, an area zoned for business, commercial, | ||||||
8 | or industrial activities that is adjacent to and within 660 | ||||||
9 | feet of an Interstate highway and that is in Township 41 North, | ||||||
10 | Range 10 East of the Third Principal Meridian, shall be deemed | ||||||
11 | a "business area" for purposes of this Act. This zoning must | ||||||
12 | have been a part of comprehensive zoning and not have been | ||||||
13 | created primarily to permit outdoor advertising structures as | ||||||
14 | described in 23 CFR 750. | ||||||
15 | (b) The Department of Transportation shall carry out an | ||||||
16 | impact study in cooperation with the Outdoor Advertising | ||||||
17 | Association of Illinois recommending any possible changes to | ||||||
18 | Section 3.12 of this Act. The Department of Transportation | ||||||
19 | shall provide its findings to the General Assembly within 2 | ||||||
20 | years after the effective date of this amendatory Act. The | ||||||
21 | changes to this Section made by this amendatory Act of the 95th | ||||||
22 | General Assembly are intended to comply with the federal | ||||||
23 | Highway Beautification Act of 1965, 23 U.S.C. 131, and the | ||||||
24 | regulations promulgated thereunder by the Secretary of the | ||||||
25 | United States Department of Transportation. To the extent that | ||||||
26 | the Secretary of the United States Department of Transportation |
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1 | or any court finds the changes to this Section made by this | ||||||
2 | amendatory Act to be inconsistent with or preempted by such law | ||||||
3 | or regulations, the changes shall be repealed to the extent | ||||||
4 | necessary to cure such inconsistency or preemption. | ||||||
5 | (c) The provisions of this amendatory Act of the 95th | ||||||
6 | General Assembly shall not be applicable if such application | ||||||
7 | would impact the receipt, use, or reimbursement of federal | ||||||
8 | funds by the Illinois Department of Transportation.
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9 | (Source: P.A. 95-340, eff. 1-1-08.)
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10 | (225 ILCS 440/3.17 new) | ||||||
11 | Sec. 3.17. On-premise signs. "On-premise sign" means any | ||||||
12 | sign advertising a business or activity conducted on the | ||||||
13 | property on which they are located.
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14 | (225 ILCS 440/3.18 new) | ||||||
15 | Sec. 3.18. Off-premise signs. "Off-premise sign" means any | ||||||
16 | sign advertising a business or activity not being conducted on | ||||||
17 | the same property as the sign.
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18 | (225 ILCS 440/3.19 new) | ||||||
19 | Sec. 3.19. Real estate signs. "Real estate sign" means any | ||||||
20 | sign advertising solely the sale or lease of the property on | ||||||
21 | which the sign is located.
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22 | (225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
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1 | Sec. 4.02. Real estate signs. Real estate signs as defined | ||||||
2 | in Section 3.19 of this Act. However, real estate signs must | ||||||
3 | comply only with the provisions in Section 5 of this Act. Signs | ||||||
4 | advertising the sale or lease of property on which they are
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5 | located, which signs, if along Interstate highways outside a | ||||||
6 | "business
area", comply with the following requirements:
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7 | (a) There may not be more than one such sign designed to | ||||||
8 | attract traffic
on the Interstate highway proceeding in any one | ||||||
9 | direction;
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10 | (b) The sign may not exceed 150 square feet in size;
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11 | (c) No such sign may be erected or maintained which | ||||||
12 | attempts or appears
to attempt to direct the movement of | ||||||
13 | traffic or which interferes with,
indicates or resembles any | ||||||
14 | official traffic sign, signal or device;
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15 | (d) No such sign may be erected or maintained which | ||||||
16 | prevents the driver
of a vehicle from having a clear and | ||||||
17 | unobstructed view of official signs
and approaching or merging | ||||||
18 | traffic;
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19 | (e) No such sign may be erected or maintained which | ||||||
20 | contains, includes,
or is illuminated by any flashing, | ||||||
21 | intermittent or moving light or lights;
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22 | (f) No lighting may be used in any way, in connection with | ||||||
23 | any such
sign, unless it is so effectively shielded as to | ||||||
24 | prevent beams or rays of
light from being directed at any | ||||||
25 | portion of the main-traveled way of the
highway, or is of such | ||||||
26 | low intensity or brilliance as not to cause glare or
to impair |
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1 | the vision of the driver of any motor vehicle, or to otherwise
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2 | interfere with any driver's operation of a motor vehicle;
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3 | (g) No such sign may be erected or maintained which moves | ||||||
4 | or has any
animated or moving parts and no such sign may be | ||||||
5 | erected or maintained upon
trees or painted or drawn upon rocks | ||||||
6 | or other natural features.
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7 | (Source: P.A. 77-1815.)
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8 | (225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
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9 | Sec. 4.03. On-premise signs. On-premise signs as defined in | ||||||
10 | Section 3.17 of this Act. However, on-premise signs must comply | ||||||
11 | only with the provisions in Section 5 of this Act. Signs | ||||||
12 | advertising activities conducted on the property on which they
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13 | are located; which, if along Interstate highways outside a | ||||||
14 | "business
area" comply with the following requirements:
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15 | (a) There may not be more than one such sign located more | ||||||
16 | than 50
feet from such activity designed to attract traffic on | ||||||
17 | the Interstate
highway proceeding in any one direction;
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18 | (b) No such sign visible to traffic on an Interstate | ||||||
19 | highway and
located more than 50 feet from such activity, which | ||||||
20 | displays any trade
name referring to or identifying any service | ||||||
21 | rendered or any product
sold, used or otherwise handled, may be | ||||||
22 | permitted unless the name of the
advertised activity is | ||||||
23 | displayed as conspicuously as such trade name.
This restriction | ||||||
24 | does not apply if the trade name identifies or
characterizes | ||||||
25 | places for lodging, eating, telephone facilities, vehicle
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1 | service and repair, or identifies vehicle equipment, parts, | ||||||
2 | accessories,
fuels, oils or lubricants being offered for sale | ||||||
3 | at such places;
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4 | (c) No such sign in excess of 20 feet in length, width or | ||||||
5 | height, or
150 square feet in area, including border and trim, | ||||||
6 | but excluding
supports, may be erected or maintained more than | ||||||
7 | 50 feet from the
activities conducted upon the property where | ||||||
8 | the sign is located;
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9 | (d) The sign must comply with subparagraphs (c), (d), (f) | ||||||
10 | and
(g) of Section 4.02;
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11 | (e) No such sign may be erected or maintained which | ||||||
12 | contains, includes,
or is illuminated by any flashing, | ||||||
13 | intermittent or moving light or lights
except those which may | ||||||
14 | be changed at reasonable intervals by electronic
process or by | ||||||
15 | remote control as long as these do not interfere with the
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16 | effectiveness of an official traffic control device.
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17 | (Source: P.A. 81-550.)
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18 | (225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
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19 | Sec. 4.04. Off-premise signs. Off-premise signs Signs | ||||||
20 | which are erected in business areas after the effective date of
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21 | this Act and which comply, when erected, with Sections 5, 6 | ||||||
22 | (subject to
provisions of Section 7) and 8 of this Act.
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23 | (Source: P.A. 77-1815.)
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24 | (225 ILCS 440/5) (from Ch. 121, par. 505)
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1 | Sec. 5. No sign may be erected or maintained that:
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2 | (a) attempts or appears to attempt to direct the movement | ||||||
3 | of traffic or which interferes with, indicates, or resembles | ||||||
4 | any official traffic sign, signal, or device, or which prevents | ||||||
5 | the driver of a vehicle from having a clear and unobstructed | ||||||
6 | view of official signs and approaching or merging traffic; | ||||||
7 | Imitates or resembles an official traffic sign, signal or | ||||||
8 | device;
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9 | (a-5) contains, includes, or is illuminated by any | ||||||
10 | flashing, intermittent, or moving light or lights, except those | ||||||
11 | changed at reasonable intervals by electronic process or by | ||||||
12 | remote control, as long as they do not interfere with the | ||||||
13 | effectiveness of an official traffic control device, or those | ||||||
14 | giving public service information, such as, without | ||||||
15 | limitation, time, weather, date, and temperature; no lighting | ||||||
16 | may be used in any way in connection with any sign, unless it | ||||||
17 | is so effectively shielded as to prevent beams or rays of light | ||||||
18 | from being directed at any portion of the main-traveled way of | ||||||
19 | the highway, or is of such low intensity or brilliance as not | ||||||
20 | to cause glare or to impair the vision of the driver of any | ||||||
21 | motor vehicle or to otherwise interfere with any driver's | ||||||
22 | operation of a motor vehicle; | ||||||
23 | (b) is Is erected, painted or drawn upon trees, rocks , or | ||||||
24 | other natural
features;
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25 | (c) is Is structurally unsafe or in disrepair; | ||||||
26 | (c-5) advertises or promotes activities that are illegal |
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1 | under federal or State law in effect at the location of those | ||||||
2 | signs or activities; or
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3 | (d) is Is erected
adjacent to a scenic byway that is a | ||||||
4 | primary or Interstate
highway
after the effective date of this | ||||||
5 | amendatory Act of 1996,
except those signs described in
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6 | Sections 4.01, 4.02, 4.03, 4.06, and 4.08 of this Act.
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7 | (Source: P.A. 89-605, eff. 8-2-96.)
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8 | (225 ILCS 440/8) (from Ch. 121, par. 508)
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9 | Sec. 8.
Within 90 days after the effective date of this | ||||||
10 | Act , each
sign, except signs described by Sections Section | ||||||
11 | 4.01 , and signs along primary highways
described by Sections | ||||||
12 | 4.02 , and 4.03, must be registered with the Department
by the | ||||||
13 | owner of the sign, on forms obtained from the Department. | ||||||
14 | Within
90 days after the effective date of this amendatory Act | ||||||
15 | of 1975, each sign
located beyond 660 feet of the right-of-way | ||||||
16 | located outside of urban areas,
visible from the main-traveled | ||||||
17 | way of the highway and erected with the
purpose of the message | ||||||
18 | being read from such traveled way, must be registered
with the | ||||||
19 | Department by the owner of the sign on forms obtained from the
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20 | Department. The Department shall require reasonable | ||||||
21 | information to be
furnished including the name of the owner of | ||||||
22 | the land on which the sign is
located and a statement that the | ||||||
23 | owner has consented to the erection or
maintenance of the sign. | ||||||
24 | Registration must be made of each sign and shall be
accompanied | ||||||
25 | by a registration fee of $5.
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1 | No sign, except signs described by Sections Section 4.01 , | ||||||
2 | and signs along primary
highways described by Sections 4.02 , | ||||||
3 | and 4.03, may be erected after the
effective date of this Act | ||||||
4 | without first obtaining a permit from the
Department. The | ||||||
5 | application for permit shall be on a form provided by the
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6 | Department and shall contain such information as the Department | ||||||
7 | may reasonably
require. Upon receipt of an application | ||||||
8 | containing all required information
and appropriately executed | ||||||
9 | and upon payment of the fee required under this
Section, the | ||||||
10 | Department shall have up to 60 days to approve and issue a | ||||||
11 | permit to the applicant for the erection of the sign, provided | ||||||
12 | the sign does not violate any provision of this Act. In the | ||||||
13 | event the Department intends to deny an application for a | ||||||
14 | permit, the Department shall have 60 days after receipt of the | ||||||
15 | application to provide notice of the intent to deny, which | ||||||
16 | shall include in detail an explanation of the basis for their | ||||||
17 | decision. The applicant shall have 30 days to respond and | ||||||
18 | perfect any deficiencies stated in the notice for intent to | ||||||
19 | deny, and thereafter the Department shall have 30 days to | ||||||
20 | respond with a final notice of determination. then issues a | ||||||
21 | permit to the applicant for the erection
of the sign, provided | ||||||
22 | such sign will not violate any provision of this Act. | ||||||
23 | The Department shall not withhold approval of a permit by | ||||||
24 | requesting information that is not necessary for making the | ||||||
25 | decision of granting the permit. | ||||||
26 | The
application fee shall be as follows:
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1 | (1) for signs of less than 150 square feet, $50;
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2 | (2) for signs of at least 150 but less than 300 square | ||||||
3 | feet, $100; and
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4 | (3) for signs of 300 or more square feet, $200.
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5 | Upon change of sign ownership after the effective date of | ||||||
6 | this amendatory Act of the 98th General Assembly, the new owner | ||||||
7 | of the sign shall notify
the Department and supply the | ||||||
8 | necessary information to transfer renew the permit for
such | ||||||
9 | sign at no cost within 60 days after the change of ownership. | ||||||
10 | The Department shall then have 30 days to respond and | ||||||
11 | acknowledge the receipt of request for transfer of ownership. | ||||||
12 | Any
permit not so transferred renewed shall become revocable | ||||||
13 | void .
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14 | Owners of registered signs shall be issued an identifying | ||||||
15 | tag, which
must remain be securely affixed to the front face of | ||||||
16 | the sign or sign structure in
a conspicuous position by the | ||||||
17 | owner within 60 days after receipt of the tag;
owners of signs | ||||||
18 | erected by permit shall be issued an identifying tag which
must | ||||||
19 | remain be securely affixed to the front face of the sign or | ||||||
20 | sign structure in
a conspicuous position by the owner upon | ||||||
21 | completion of the sign erection or
within 10 days after receipt | ||||||
22 | of the tag, whichever is the later.
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23 | (Source: P.A. 87-1205.)
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24 | (225 ILCS 440/15 new) | ||||||
25 | Sec. 15. Highway Beautification Act funding. If, as a |
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1 | result of the changes made by this amendatory Act of the 98th | ||||||
2 | General Assembly, the State is required to pay back or | ||||||
3 | reimburse federal funding received under subsection (j) of 23 | ||||||
4 | U.S.C. 131, then no additional fees or fines shall be levied on | ||||||
5 | the owners of signs to reimburse the federal government.
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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