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, and 8 and | ||||||
6 | by adding Sections 3.17, 3.18, 3.19, 3.20, 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. (a) "Business area" means any | ||||||
9 | part of an area adjacent to and
within 660 feet of the | ||||||
10 | right-of-way which is at any time zoned for business,
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11 | commercial or industrial activities under the authority of any | ||||||
12 | law of this
State; or not so zoned, but which constitutes an | ||||||
13 | unzoned commercial or
industrial area as defined in Section | ||||||
14 | 3.11. However, as to signs along
Interstate highways, the term | ||||||
15 | "business area" includes only areas which
are within | ||||||
16 | incorporated limits of any city, village, or incorporated town,
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1 | as such limits existed on September 21, 1959, and which are | ||||||
2 | zoned for
industrial or commercial use, or both, or to portions | ||||||
3 | of Interstate highways
which traverse other areas where the | ||||||
4 | land use, as of September 21, l959,
was established by State | ||||||
5 | 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 changes to this Section made by this amendatory Act | ||||||
16 | of the 95th General Assembly are intended to comply with the | ||||||
17 | federal Highway Beautification Act of 1965, 23 U.S.C. 131, and | ||||||
18 | the regulations promulgated thereunder by the Secretary of the | ||||||
19 | United States Department of Transportation. To the extent that | ||||||
20 | the Secretary of the United States Department of Transportation | ||||||
21 | or any court finds the changes to this Section made by this | ||||||
22 | amendatory Act to be inconsistent with or preempted by such law | ||||||
23 | or regulations, the changes shall be repealed to the extent | ||||||
24 | necessary to cure such inconsistency or preemption. | ||||||
25 | (c) The provisions of this amendatory Act of the 95th | ||||||
26 | General Assembly shall not be applicable if such application |
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1 | would impact the receipt, use, or reimbursement of federal | ||||||
2 | funds by the Illinois Department of Transportation.
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3 | (Source: P.A. 95-340, eff. 1-1-08.)
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4 | (225 ILCS 440/3.17 new) | ||||||
5 | Sec. 3.17. On-premise sign. "On-premise sign" means any | ||||||
6 | sign advertising a business or activity conducted on the | ||||||
7 | property on which they are located.
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8 | (225 ILCS 440/3.18 new) | ||||||
9 | Sec. 3.18. Off-premise sign. "Off-premise sign" means any | ||||||
10 | sign advertising a business or activity not being conducted on | ||||||
11 | the same property as the sign.
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12 | (225 ILCS 440/3.19 new) | ||||||
13 | Sec. 3.19. Real estate sign. "Real estate sign" means any | ||||||
14 | sign advertising solely the sale or lease of the property on | ||||||
15 | which the sign is located.
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16 | (225 ILCS 440/3.20 new) | ||||||
17 | Sec. 3.20. Municipal network sign. "Municipal network | ||||||
18 | sign" 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,
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12 | and spacing of signs.
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13 | (225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
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14 | Sec. 4.02. Real estate signs. Real estate signs as defined | ||||||
15 | in Section 3.19 of this Act. However, real estate signs must | ||||||
16 | comply only with the provisions in Section 5 of this Act. Signs | ||||||
17 | advertising the sale or lease of property on which they are
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18 | located, which signs, if along Interstate highways outside a | ||||||
19 | "business
area", comply with the following requirements:
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20 | (a) There may not be more than one such sign designed to | ||||||
21 | attract traffic
on the Interstate highway proceeding in any one | ||||||
22 | direction;
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23 | (b) The sign may not exceed 150 square feet in size;
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24 | (c) No such sign may be erected or maintained which | ||||||
25 | attempts or appears
to attempt to direct the movement of |
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1 | traffic or which interferes with,
indicates or resembles any | ||||||
2 | official traffic sign, signal or device;
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3 | (d) No such sign may be erected or maintained which | ||||||
4 | prevents the driver
of a vehicle from having a clear and | ||||||
5 | unobstructed view of official signs
and approaching or merging | ||||||
6 | traffic;
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7 | (e) No such sign may be erected or maintained which | ||||||
8 | contains, includes,
or is illuminated by any flashing, | ||||||
9 | intermittent or moving light or lights;
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10 | (f) No lighting may be used in any way, in connection with | ||||||
11 | any such
sign, unless it is so effectively shielded as to | ||||||
12 | prevent beams or rays of
light from being directed at any | ||||||
13 | portion of the main-traveled way of the
highway, or is of such | ||||||
14 | low intensity or brilliance as not to cause glare or
to impair | ||||||
15 | the vision of the driver of any motor vehicle, or to otherwise
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16 | interfere with any driver's operation of a motor vehicle;
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17 | (g) No such sign may be erected or maintained which moves | ||||||
18 | or has any
animated or moving parts and no such sign may be | ||||||
19 | erected or maintained upon
trees or painted or drawn upon rocks | ||||||
20 | or other natural features.
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21 | (Source: P.A. 77-1815.)
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22 | (225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
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23 | Sec. 4.03. On-premise signs. On-premise signs as defined in | ||||||
24 | Section 3.17 of this Act. However, on-premise signs must comply | ||||||
25 | only with the provisions in Section 5 of this Act. Signs |
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1 | advertising activities conducted on the property on which they
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2 | are located; which, if along Interstate highways outside a | ||||||
3 | "business
area" comply with the following requirements:
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4 | (a) There may not be more than one such sign located more | ||||||
5 | than 50
feet from such activity designed to attract traffic on | ||||||
6 | the Interstate
highway proceeding in any one direction;
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7 | (b) No such sign visible to traffic on an Interstate | ||||||
8 | highway and
located more than 50 feet from such activity, which | ||||||
9 | displays any trade
name referring to or identifying any service | ||||||
10 | rendered or any product
sold, used or otherwise handled, may be | ||||||
11 | permitted unless the name of the
advertised activity is | ||||||
12 | displayed as conspicuously as such trade name.
This restriction | ||||||
13 | does not apply if the trade name identifies or
characterizes | ||||||
14 | places for lodging, eating, telephone facilities, vehicle
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15 | service and repair, or identifies vehicle equipment, parts, | ||||||
16 | accessories,
fuels, oils or lubricants being offered for sale | ||||||
17 | at such places;
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18 | (c) No such sign in excess of 20 feet in length, width or | ||||||
19 | height, or
150 square feet in area, including border and trim, | ||||||
20 | but excluding
supports, may be erected or maintained more than | ||||||
21 | 50 feet from the
activities conducted upon the property where | ||||||
22 | the sign is located;
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23 | (d) The sign must comply with subparagraphs (c), (d), (f) | ||||||
24 | and
(g) of Section 4.02;
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25 | (e) No such sign may be erected or maintained which | ||||||
26 | contains, includes,
or is illuminated by any flashing, |
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1 | intermittent or moving light or lights
except those which may | ||||||
2 | be changed at reasonable intervals by electronic
process or by | ||||||
3 | remote control as long as these do not interfere with the
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4 | effectiveness of an official traffic control device.
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5 | (Source: P.A. 81-550.)
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6 | (225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
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7 | Sec. 4.04. Off-premise signs. Off-premise signs Signs | ||||||
8 | which are erected in business areas after the effective date of
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9 | this Act and which comply, when erected, with Sections 5, 6 | ||||||
10 | (subject to
provisions of Section 7) and 8 of this Act.
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11 | (Source: P.A. 77-1815.)
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12 | (225 ILCS 440/8) (from Ch. 121, par. 508)
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13 | Sec. 8.
Within 90 days after the effective date of this | ||||||
14 | Act , each
sign, except signs described by Sections Section | ||||||
15 | 4.01 , and signs along primary highways
described by Sections | ||||||
16 | 4.02 , and 4.03, must be registered with the Department
by the | ||||||
17 | owner of the sign, on forms obtained from the Department. | ||||||
18 | Within
90 days after the effective date of this amendatory Act | ||||||
19 | of 1975, each sign
located beyond 660 feet of the right-of-way | ||||||
20 | located outside of urban areas,
visible from the main-traveled | ||||||
21 | way of the highway and erected with the
purpose of the message | ||||||
22 | being read from such traveled way, must be registered
with the | ||||||
23 | Department by the owner of the sign on forms obtained from the
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24 | Department. The Department shall require reasonable |
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1 | information to be
furnished including the name of the owner of | ||||||
2 | the land on which the sign is
located and a statement that the | ||||||
3 | owner has consented to the erection or
maintenance of the sign. | ||||||
4 | Registration must be made of each sign and shall be
accompanied | ||||||
5 | by a registration fee of $5.
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6 | No sign, except signs described by Sections Section 4.01 , | ||||||
7 | and signs along primary
highways described by Sections 4.02 , | ||||||
8 | and 4.03, may be erected after the
effective date of this Act | ||||||
9 | without first obtaining a permit from the
Department. The | ||||||
10 | application for permit shall be on a form provided by the
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11 | Department and shall contain such information as the Department | ||||||
12 | may reasonably
require. Upon receipt of an application | ||||||
13 | containing all required information
and appropriately executed | ||||||
14 | and upon payment of the fee required under this
Section, the | ||||||
15 | Department then issues a permit to the applicant for the | ||||||
16 | erection
of the sign, provided such sign will not violate any | ||||||
17 | provision of this Act. The
application fee shall be as follows:
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18 | (1) for signs of less than 150 square feet, $50;
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19 | (2) for signs of at least 150 but less than 300 square | ||||||
20 | feet, $100; and
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21 | (3) for signs of 300 or more square feet, $200.
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22 | In determining the appropriateness of issuing a permit for | ||||||
23 | a municipal network sign, the Department shall waive any | ||||||
24 | provision or requirement of this Act or administrative rule | ||||||
25 | adopted under the authority of this Act to the extent that the | ||||||
26 | waiver does not contravene the federal Highway Beautification |
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1 | Act of 1965, 23 U.S.C. 131, and the regulations promulgated | ||||||
2 | under that Act by the Secretary of the United States Department | ||||||
3 | of Transportation. Any municipal network sign applications | ||||||
4 | pending on May 1, 2013 that are not affected by compliance with | ||||||
5 | the federal Highway Beautification Act of 1965 shall be issued | ||||||
6 | within 10 days after the effective date of this amendatory Act | ||||||
7 | of the 98th General Assembly. The determination of the balance | ||||||
8 | of pending municipal network sign applications and issuance of | ||||||
9 | approved permits shall be completed within 30 days after the | ||||||
10 | effective date of this amendatory Act of the 98th General | ||||||
11 | Assembly. To the extent that the Secretary of the United States | ||||||
12 | Department of Transportation or any court finds any permit | ||||||
13 | granted pursuant to such a waiver to be inconsistent with or | ||||||
14 | preempted by the federal Highway Beautification Act of 1965, 23 | ||||||
15 | U.S.C. 131, and the regulations promulgated under that Act, | ||||||
16 | that permit shall be void. | ||||||
17 | Upon change of sign ownership the new owner of the sign | ||||||
18 | shall notify
the Department and supply the necessary | ||||||
19 | information to renew the permit for
such sign at no cost within | ||||||
20 | 60 days after the change of ownership. Any
permit not so | ||||||
21 | renewed shall become void.
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22 | Owners of registered signs shall be issued an identifying | ||||||
23 | tag, which
must remain be securely affixed to the front face of | ||||||
24 | the sign or sign structure in
a conspicuous position by the | ||||||
25 | owner within 60 days after receipt of the tag;
owners of signs | ||||||
26 | erected by permit shall be issued an identifying tag which
must |
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1 | remain be securely affixed to the front face of the sign or | ||||||
2 | sign structure in
a conspicuous position by the owner upon | ||||||
3 | completion of the sign erection or
within 10 days after receipt | ||||||
4 | of the tag, whichever is the later.
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5 | (Source: P.A. 87-1205.)
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6 | (225 ILCS 440/15 new) | ||||||
7 | Sec. 15. Applicability. The changes made to this Act by | ||||||
8 | this amendatory Act of the 98th General Assembly shall not be | ||||||
9 | applicable if the application would impact the receipt, use, or | ||||||
10 | reimbursement of federal funds by the Illinois Department of | ||||||
11 | Transportation other than the reimbursement of Bonus Agreement | ||||||
12 | funds. Any permit granted pursuant to an inapplicable provision | ||||||
13 | is void.
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14 | (225 ILCS 440/4.07 rep.)
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15 | Section 10. The Highway Advertising Control Act of 1971 is | ||||||
16 | amended by repealing Section 4.07.
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.".
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