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

Sen. Antonio Muņoz

Filed: 5/29/2013

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1
AMENDMENT TO HOUSE BILL 2764
2 AMENDMENT NO. ______. Amend House Bill 2764 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Highway Advertising Control Act of 1971 is
5amended by changing Sections 3.12, 4.02, 4.03, 4.04, and 8 and
6by adding Sections 3.17, 3.18, 3.19, 3.20, and 15 as follows:
7 (225 ILCS 440/3.12) (from Ch. 121, par. 503.12)
8 Sec. 3.12. Business area. (a) "Business area" means any
9part of an area adjacent to and within 660 feet of the
10right-of-way which is at any time zoned for business,
11commercial or industrial activities under the authority of any
12law of this State; or not so zoned, but which constitutes an
13unzoned commercial or industrial area as defined in Section
143.11. However, as to signs along Interstate highways, the term
15"business area" includes only areas which are within
16incorporated limits of any city, village, or incorporated town,

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1as such limits existed on September 21, 1959, and which are
2zoned for industrial or commercial use, or both, or to portions
3of Interstate highways which traverse other areas where the
4land use, as of September 21, l959, was established by State
5law as industrial or commercial, or both.
6 With respect to signs owned or leased by the State or a
7political subdivision, an area zoned for business, commercial,
8or industrial activities that is adjacent to and within 660
9feet of an Interstate highway and that is in Township 41 North,
10Range 10 East of the Third Principal Meridian, shall be deemed
11a "business area" for purposes of this Act. This zoning must
12have been a part of comprehensive zoning and not have been
13created primarily to permit outdoor advertising structures as
14described in 23 CFR 750.
15 (b) The changes to this Section made by this amendatory Act
16of the 95th General Assembly are intended to comply with the
17federal Highway Beautification Act of 1965, 23 U.S.C. 131, and
18the regulations promulgated thereunder by the Secretary of the
19United States Department of Transportation. To the extent that
20the Secretary of the United States Department of Transportation
21or any court finds the changes to this Section made by this
22amendatory Act to be inconsistent with or preempted by such law
23or regulations, the changes shall be repealed to the extent
24necessary to cure such inconsistency or preemption.
25 (c) The provisions of this amendatory Act of the 95th
26General Assembly shall not be applicable if such application

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1would impact the receipt, use, or reimbursement of federal
2funds by the Illinois Department of Transportation.
3(Source: P.A. 95-340, eff. 1-1-08.)
4 (225 ILCS 440/3.17 new)
5 Sec. 3.17. On-premise sign. "On-premise sign" means any
6sign advertising a business or activity conducted on the
7property on which they are located.
8 (225 ILCS 440/3.18 new)
9 Sec. 3.18. Off-premise sign. "Off-premise sign" means any
10sign advertising a business or activity not being conducted on
11the same property as the sign.
12 (225 ILCS 440/3.19 new)
13 Sec. 3.19. Real estate sign. "Real estate sign" means any
14sign advertising solely the sale or lease of the property on
15which the sign is located.
16 (225 ILCS 440/3.20 new)
17 Sec. 3.20. Municipal network sign. "Municipal network
18sign" means an official sign or a sign that:
19 (1) is located on property owned or controlled by a
20 local government that has a population of 2,000,000 or more
21 and that has adopted zoning regulations consistent with
22 this Act;

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1 (2) is controlled under the direction of the local
2 government;
3 (3) complies with zoning regulations consistent with
4 this Act;
5 (4) is placed within a business area as defined in
6 Section 3.12 of this Act;
7 (5) is used to communicate emergency, public, and
8 commercial information; and
9 (6) is consistent with the intent of this Act and with
10 customary use of the local government as to the sign's
11 installation and operation, including the size, lighting,
12 and spacing of signs.
13 (225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
14 Sec. 4.02. Real estate signs. Real estate signs as defined
15in Section 3.19 of this Act. However, real estate signs must
16comply only with the provisions in Section 5 of this Act. Signs
17advertising the sale or lease of property on which they are
18located, which signs, if along Interstate highways outside a
19"business area", comply with the following requirements:
20 (a) There may not be more than one such sign designed to
21attract traffic on the Interstate highway proceeding in any one
22direction;
23 (b) The sign may not exceed 150 square feet in size;
24 (c) No such sign may be erected or maintained which
25attempts or appears to attempt to direct the movement of

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1traffic or which interferes with, indicates or resembles any
2official traffic sign, signal or device;
3 (d) No such sign may be erected or maintained which
4prevents the driver of a vehicle from having a clear and
5unobstructed view of official signs and approaching or merging
6traffic;
7 (e) No such sign may be erected or maintained which
8contains, includes, or is illuminated by any flashing,
9intermittent or moving light or lights;
10 (f) No lighting may be used in any way, in connection with
11any such sign, unless it is so effectively shielded as to
12prevent beams or rays of light from being directed at any
13portion of the main-traveled way of the highway, or is of such
14low intensity or brilliance as not to cause glare or to impair
15the vision of the driver of any motor vehicle, or to otherwise
16interfere with any driver's operation of a motor vehicle;
17 (g) No such sign may be erected or maintained which moves
18or has any animated or moving parts and no such sign may be
19erected or maintained upon trees or painted or drawn upon rocks
20or other natural features.
21(Source: P.A. 77-1815.)
22 (225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
23 Sec. 4.03. On-premise signs. On-premise signs as defined in
24Section 3.17 of this Act. However, on-premise signs must comply
25only with the provisions in Section 5 of this Act. Signs

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1advertising activities conducted on the property on which they
2are located; which, if along Interstate highways outside a
3"business area" comply with the following requirements:
4 (a) There may not be more than one such sign located more
5than 50 feet from such activity designed to attract traffic on
6the Interstate highway proceeding in any one direction;
7 (b) No such sign visible to traffic on an Interstate
8highway and located more than 50 feet from such activity, which
9displays any trade name referring to or identifying any service
10rendered or any product sold, used or otherwise handled, may be
11permitted unless the name of the advertised activity is
12displayed as conspicuously as such trade name. This restriction
13does not apply if the trade name identifies or characterizes
14places for lodging, eating, telephone facilities, vehicle
15service and repair, or identifies vehicle equipment, parts,
16accessories, fuels, oils or lubricants being offered for sale
17at such places;
18 (c) No such sign in excess of 20 feet in length, width or
19height, or 150 square feet in area, including border and trim,
20but excluding supports, may be erected or maintained more than
2150 feet from the activities conducted upon the property where
22the sign is located;
23 (d) The sign must comply with subparagraphs (c), (d), (f)
24and (g) of Section 4.02;
25 (e) No such sign may be erected or maintained which
26contains, includes, or is illuminated by any flashing,

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1intermittent or moving light or lights except those which may
2be changed at reasonable intervals by electronic process or by
3remote control as long as these do not interfere with the
4effectiveness of an official traffic control device.
5(Source: P.A. 81-550.)
6 (225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
7 Sec. 4.04. Off-premise signs. Off-premise signs Signs
8which are erected in business areas after the effective date of
9this Act and which comply, when erected, with Sections 5, 6
10(subject to provisions of Section 7) and 8 of this Act.
11(Source: P.A. 77-1815.)
12 (225 ILCS 440/8) (from Ch. 121, par. 508)
13 Sec. 8. Within 90 days after the effective date of this
14Act, each sign, except signs described by Sections Section
154.01, and signs along primary highways described by Sections
164.02, and 4.03, must be registered with the Department by the
17owner of the sign, on forms obtained from the Department.
18Within 90 days after the effective date of this amendatory Act
19of 1975, each sign located beyond 660 feet of the right-of-way
20located outside of urban areas, visible from the main-traveled
21way of the highway and erected with the purpose of the message
22being read from such traveled way, must be registered with the
23Department by the owner of the sign on forms obtained from the
24Department. The Department shall require reasonable

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1information to be furnished including the name of the owner of
2the land on which the sign is located and a statement that the
3owner has consented to the erection or maintenance of the sign.
4Registration must be made of each sign and shall be accompanied
5by a registration fee of $5.
6 No sign, except signs described by Sections Section 4.01,
7and signs along primary highways described by Sections 4.02,
8and 4.03, may be erected after the effective date of this Act
9without first obtaining a permit from the Department. The
10application for permit shall be on a form provided by the
11Department and shall contain such information as the Department
12may reasonably require. Upon receipt of an application
13containing all required information and appropriately executed
14and upon payment of the fee required under this Section, the
15Department then issues a permit to the applicant for the
16erection of the sign, provided such sign will not violate any
17provision of this Act. The application fee shall be as follows:
18 (1) for signs of less than 150 square feet, $50;
19 (2) for signs of at least 150 but less than 300 square
20feet, $100; and
21 (3) for signs of 300 or more square feet, $200.
22 In determining the appropriateness of issuing a permit for
23a municipal network sign, the Department shall waive any
24provision or requirement of this Act or administrative rule
25adopted under the authority of this Act to the extent that the
26waiver does not contravene the federal Highway Beautification

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1Act of 1965, 23 U.S.C. 131, and the regulations promulgated
2under that Act by the Secretary of the United States Department
3of Transportation. Any municipal network sign applications
4pending on May 1, 2013 that are not affected by compliance with
5the federal Highway Beautification Act of 1965 shall be issued
6within 10 days after the effective date of this amendatory Act
7of the 98th General Assembly. The determination of the balance
8of pending municipal network sign applications and issuance of
9approved permits shall be completed within 30 days after the
10effective date of this amendatory Act of the 98th General
11Assembly. To the extent that the Secretary of the United States
12Department of Transportation or any court finds any permit
13granted pursuant to such a waiver to be inconsistent with or
14preempted by the federal Highway Beautification Act of 1965, 23
15U.S.C. 131, and the regulations promulgated under that Act,
16that permit shall be void.
17 Upon change of sign ownership the new owner of the sign
18shall notify the Department and supply the necessary
19information to renew the permit for such sign at no cost within
2060 days after the change of ownership. Any permit not so
21renewed shall become void.
22 Owners of registered signs shall be issued an identifying
23tag, which must remain be securely affixed to the front face of
24the sign or sign structure in a conspicuous position by the
25owner within 60 days after receipt of the tag; owners of signs
26erected by permit shall be issued an identifying tag which must

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1remain be securely affixed to the front face of the sign or
2sign structure in a conspicuous position by the owner upon
3completion of the sign erection or within 10 days after receipt
4of the tag, whichever is the later.
5(Source: P.A. 87-1205.)
6 (225 ILCS 440/15 new)
7 Sec. 15. Applicability. The changes made to this Act by
8this amendatory Act of the 98th General Assembly shall not be
9applicable if the application would impact the receipt, use, or
10reimbursement of federal funds by the Illinois Department of
11Transportation other than the reimbursement of Bonus Agreement
12funds. Any permit granted pursuant to an inapplicable provision
13is void.
14 (225 ILCS 440/4.07 rep.)
15 Section 10. The Highway Advertising Control Act of 1971 is
16amended by repealing Section 4.07.
17 Section 99. Effective date. This Act takes effect upon
18becoming law.".
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