Bill Text: IL HB3987 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Board and Care Home Act. Makes a technical change in a Section concerning exemptions from other Acts.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2014-12-03 - Session Sine Die [HB3987 Detail]
Download: Illinois-2013-HB3987-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3987
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2 | AMENDMENT NO. ______. Amend House Bill 3987 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 Section 8 as follows:
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6 | (225 ILCS 440/8) (from Ch. 121, par. 508)
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7 | Sec. 8.
Within 90 days after the effective date of this | ||||||
8 | Act, each
sign, except signs described by Sections 4.01, 4.02, | ||||||
9 | and 4.03, must be registered with the Department
by the owner | ||||||
10 | of the sign, on forms obtained from the Department. Within
90 | ||||||
11 | days after the effective date of this amendatory Act of 1975, | ||||||
12 | each sign
located beyond 660 feet of the right-of-way located | ||||||
13 | outside of urban areas,
visible from the main-traveled way of | ||||||
14 | the highway and erected with the
purpose of the message being | ||||||
15 | read from such traveled way, must be registered
with the | ||||||
16 | Department by the owner of the sign on forms obtained from the
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1 | Department. The Department shall require reasonable | ||||||
2 | information to be
furnished including the name of the owner of | ||||||
3 | the land on which the sign is
located and a statement that the | ||||||
4 | owner has consented to the erection or
maintenance of the sign. | ||||||
5 | Registration must be made of each sign and shall be
accompanied | ||||||
6 | by a registration fee of $5.
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7 | No sign, except signs described by Sections 4.01, 4.02, and | ||||||
8 | 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 shall, within the subsequent 14 days, send to the | ||||||
16 | applicant a notice indicating that the application was received | ||||||
17 | and whether the application contains all required information, | ||||||
18 | as defined by rule. Within 30 days after the receipt of the | ||||||
19 | notice from the Department, the applicant may correct any | ||||||
20 | deficiencies stated in the notice. Upon the expiration of the | ||||||
21 | 30-day period allowed to the applicant to correct deficiencies | ||||||
22 | in the notice, the Department shall then have 30 days to make a | ||||||
23 | determination that either the Department approves the | ||||||
24 | application and shall issue a permit to the applicant for the | ||||||
25 | erection of the sign, provided such sign will not violate any | ||||||
26 | provision of this Act, or, if a permit cannot be approved, then |
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1 | the Department shall issue to the applicant a notice of intent | ||||||
2 | to deny that includes a detailed explanation of the | ||||||
3 | deficiencies in the application. Within 30 days after the | ||||||
4 | receipt of the notice of intent to deny from the Department, | ||||||
5 | the applicant may correct any deficiencies stated in the notice | ||||||
6 | of intent to deny. Upon the expiration of the 30-day period | ||||||
7 | allowed to the applicant to correct the deficiencies in the | ||||||
8 | notice of intent to deny, the Department shall then have 30 | ||||||
9 | days to make a determination that either the Department | ||||||
10 | approves the application and shall issue then issues a permit | ||||||
11 | to the applicant for the erection
of the sign, provided such | ||||||
12 | sign will not violate any provision of this Act , or, if a | ||||||
13 | permit cannot be approved, the Department shall then issue a | ||||||
14 | final notice of determination to the applicant denying the | ||||||
15 | application . The
application fee shall be as follows:
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16 | (1) for signs of less than 150 square feet, $50;
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17 | (2) for signs of at least 150 but less than 300 square | ||||||
18 | feet, $100; and
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19 | (3) for signs of 300 or more square feet, $200.
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20 | In determining the appropriateness of issuing a permit for | ||||||
21 | a municipal network sign, the Department shall waive any | ||||||
22 | provision or requirement of this Act or administrative rule | ||||||
23 | adopted under the authority of this Act to the extent that the | ||||||
24 | waiver does not contravene the federal Highway Beautification | ||||||
25 | Act of 1965, 23 U.S.C. 131, and the regulations promulgated | ||||||
26 | under that Act by the Secretary of the United States Department |
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1 | of Transportation. Any municipal network sign applications | ||||||
2 | pending on May 1, 2013 that are not affected by compliance with | ||||||
3 | the federal Highway Beautification Act of 1965 shall be issued | ||||||
4 | within 10 days after the effective date of this amendatory Act | ||||||
5 | of the 98th General Assembly. The determination of the balance | ||||||
6 | of pending municipal network sign applications and issuance of | ||||||
7 | approved permits shall be completed within 30 days after the | ||||||
8 | effective date of this amendatory Act of the 98th General | ||||||
9 | Assembly. To the extent that the Secretary of the United States | ||||||
10 | Department of Transportation or any court finds any permit | ||||||
11 | granted pursuant to such a waiver to be inconsistent with or | ||||||
12 | preempted by the federal Highway Beautification Act of 1965, 23 | ||||||
13 | U.S.C. 131, and the regulations promulgated under that Act, | ||||||
14 | that permit shall be void. | ||||||
15 | Upon change of sign ownership the new owner of the sign | ||||||
16 | shall notify
the Department and supply the necessary | ||||||
17 | information to renew the permit for
such sign at no cost within | ||||||
18 | 60 days after the change of ownership. Any
permit not so | ||||||
19 | renewed shall become void.
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20 | Owners of registered signs shall be issued an identifying | ||||||
21 | tag, which
must remain securely affixed to the front face of | ||||||
22 | the sign or sign structure in
a conspicuous position by the | ||||||
23 | owner within 60 days after receipt of the tag;
owners of signs | ||||||
24 | erected by permit shall be issued an identifying tag which
must | ||||||
25 | remain securely affixed to the front face of the sign or sign | ||||||
26 | structure in
a conspicuous position by the owner upon |
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1 | completion of the sign erection or
within 10 days after receipt | ||||||
2 | of the tag, whichever is the later.
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3 | (Source: P.A. 98-56, eff. 7-5-13.)".
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