Bill Text: IL SB0064 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Reinserts the provisions of the introduced bill with the following changes: Provides that the definition of "sign" means any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is designed (rather than designated), intended, or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main-traveled way of a controlled portion (rather than any portion) of an Interstate or primary highway and which is adjacent to and within 660 feet (rather than within 660 feet) of the nearest edge of the right-of-way of such highway, and where the sign is operated or owned by a person or entity earning remuneration directly or indirectly for (i) the existence or placement of the outdoor sign or (ii) the placement of the message on the outdoor sign. Provides that the definition of "erect" does not include the attachment of a vinyl substrate to a sign that was permitted or registered to display, in another medium, advertising or other information and that does not cause a substantial change or modification that would terminate nonconforming rights. Provides that the Department of Transportation shall accord lawful status to the registered sign at issue in the decision of the Illinois Appellate Court captioned as Image Media Advertising, Inc., v. Illinois Department of Transportation, No. 1-20-0830. Provides that the Department shall also allow for the continued usage of that sign by the owner of the building or its authorized agent without requiring a new permit or registration. Makes other changes. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 52-21)
Status: (Engrossed) 2023-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0064 Detail]
Download: Illinois-2023-SB0064-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Highway Advertising Control Act of 1971 is | ||||||
5 | amended by changing Sections 3.07, 3.08, and 8 and by adding | ||||||
6 | Section 3.21 as follows:
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7 | (225 ILCS 440/3.07) (from Ch. 121, par. 503.07)
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8 | Sec. 3.07.
"Sign" means any outdoor sign, display, device, | ||||||
9 | notice, figure
painting, drawing, message, placard, poster, | ||||||
10 | billboard, or other thing, which
is designed designated , | ||||||
11 | intended, or used to advertise or inform, and of which any
part | ||||||
12 | of the existing or intended advertising or informative | ||||||
13 | contents is or
will be visible from any place on the | ||||||
14 | main-traveled way of a controlled any portion of
an Interstate | ||||||
15 | or primary highway , and which is within 660 feet of the nearest
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16 | edge of the right-of-way of such highway , and which is | ||||||
17 | operated or owned by a person or entity earning remuneration | ||||||
18 | directly or indirectly for the existence or placement of the | ||||||
19 | outdoor sign or for the placement of the message on the outdoor | ||||||
20 | sign .
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21 | "Sign" also means any sign described in paragraph one of | ||||||
22 | this Section
which is more than 660 feet from the nearest edge | ||||||
23 | of such highway, outside
of an urban area, visible from any |
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1 | place on the main-traveled way of any
portion of such highway | ||||||
2 | and erected with the purpose of its message being
read from | ||||||
3 | such main-traveled way.
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4 | (Source: P.A. 79-1009.)
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5 | (225 ILCS 440/3.08) (from Ch. 121, par. 503.08)
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6 | Sec. 3.08.
"Erect" means to construct, build, raise, | ||||||
7 | assemble, place, affix,
attach, create, paint, draw or in any | ||||||
8 | other way bring into being or
establish; but does not include | ||||||
9 | any of the foregoing activities when
performed as an incident | ||||||
10 | to the change of advertising message or normal
maintenance or | ||||||
11 | repair of a sign or sign structure. For the purposes of this | ||||||
12 | definition, the following shall not constitute normal | ||||||
13 | maintenance or repair of a sign or sign structure: replacing | ||||||
14 | more than 60% of the uprights, in whole or in part, of a wooden | ||||||
15 | sign structure; replacing more than 30% of the length above | ||||||
16 | ground of each broken, bent, or twisted support of a metal sign | ||||||
17 | structure; raising the height above ground of a sign or sign | ||||||
18 | structure; making a sign bigger; adding lighting; or similar | ||||||
19 | activities that substantially change a sign or make a sign | ||||||
20 | more valuable. "Erect" does not include the attachment of a | ||||||
21 | vinyl substrate to a sign that was permitted or registered to | ||||||
22 | display, in another medium, advertising or other information | ||||||
23 | and that does not cause a substantial change or modification | ||||||
24 | that would terminate nonconforming rights. | ||||||
25 | The Department shall accord lawful status to a previously |
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1 | permitted or registered sign that was a painted display on a | ||||||
2 | wall or wall surface (but not a separate wall structure) of a | ||||||
3 | building and that lost its lawful status because a court of | ||||||
4 | competent jurisdiction through a final and non-appealable | ||||||
5 | order determined that the attachment of a vinyl substrate to | ||||||
6 | the wall or wall surface constituted the erection of a new sign | ||||||
7 | and not normal maintenance under this Section. The Department | ||||||
8 | shall also allow for the continued usage of that sign by the | ||||||
9 | owner of the building or its authorized agent without | ||||||
10 | requiring a new permit or registration.
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11 | (Source: P.A. 96-919, eff. 6-9-10.)
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12 | (225 ILCS 440/3.21 new) | ||||||
13 | Sec. 3.21. Remuneration. "Remuneration" means the exchange | ||||||
14 | of anything of value, including money, securities, real | ||||||
15 | property interests, personal property interests, goods or | ||||||
16 | services, promises of future development, or forbearances of | ||||||
17 | debt.
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18 | (225 ILCS 440/8) (from Ch. 121, par. 508)
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19 | Sec. 8.
Within 90 days after the effective date of this | ||||||
20 | Act, each
sign , except signs described by Sections 4.01, 4.02, | ||||||
21 | and 4.03, must be registered with the Department
by the owner | ||||||
22 | of the sign, on forms obtained from the Department. Within
90 | ||||||
23 | days after the effective date of this amendatory Act of 1975, | ||||||
24 | each sign
located beyond 660 feet of the right-of-way located |
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1 | outside of urban areas,
visible from the main-traveled way of | ||||||
2 | the highway and erected with the
purpose of the message being | ||||||
3 | read from such traveled way, must be registered
with the | ||||||
4 | Department by the owner of the sign on forms obtained from the
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5 | Department. The Department shall require reasonable | ||||||
6 | information to be
furnished including the name of the owner of | ||||||
7 | the land on which the sign is
located and a statement that the | ||||||
8 | owner has consented to the erection or
maintenance of the | ||||||
9 | sign. Registration must be made of each sign and shall be
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10 | accompanied by a registration fee of $5.
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11 | No sign , except signs described by Sections 4.01, 4.02, | ||||||
12 | and 4.03, may be erected after the
effective date of this Act | ||||||
13 | without first obtaining a permit from the
Department. The | ||||||
14 | application for permit shall be on a form provided by the
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15 | Department and shall contain such information as the | ||||||
16 | Department may reasonably
require. Upon receipt of an | ||||||
17 | application containing all required information
and | ||||||
18 | appropriately executed and upon payment of the fee required | ||||||
19 | under this
Section, the Department then issues a permit to the | ||||||
20 | applicant for the erection
of the sign, provided such sign | ||||||
21 | will not violate any provision of this Act. The
application | ||||||
22 | fee shall be as follows:
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23 | (1) for signs of less than 150 square feet, $50;
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24 | (2) for signs of at least 150 but less than 300 square | ||||||
25 | feet, $100; and
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26 | (3) for signs of 300 or more square feet, $200.
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1 | In determining the appropriateness of issuing a permit for | ||||||
2 | a municipal network sign, the Department shall waive any | ||||||
3 | provision or requirement of this Act or administrative rule | ||||||
4 | adopted under the authority of this Act to the extent that the | ||||||
5 | waiver does not contravene the federal Highway Beautification | ||||||
6 | Act of 1965, 23 U.S.C. 131, and the regulations promulgated | ||||||
7 | under that Act by the Secretary of the United States | ||||||
8 | Department of Transportation. Any municipal network sign | ||||||
9 | applications pending on May 1, 2013 that are not affected by | ||||||
10 | compliance with the federal Highway Beautification Act of 1965 | ||||||
11 | shall be issued within 10 days after the effective date of this | ||||||
12 | amendatory Act of the 98th General Assembly. The determination | ||||||
13 | of the balance of pending municipal network sign applications | ||||||
14 | and issuance of approved permits shall be completed within 30 | ||||||
15 | days after the effective date of this amendatory Act of the | ||||||
16 | 98th General Assembly. To the extent that the Secretary of the | ||||||
17 | United States Department of Transportation or any court finds | ||||||
18 | any permit granted pursuant to such a waiver to be | ||||||
19 | inconsistent with or preempted by the federal Highway | ||||||
20 | Beautification Act of 1965, 23 U.S.C. 131, and the regulations | ||||||
21 | promulgated under that Act, that permit shall be void. | ||||||
22 | Upon change of sign ownership the new owner of the sign | ||||||
23 | shall notify
the Department and supply the necessary | ||||||
24 | information to renew the permit for
such sign at no cost within | ||||||
25 | 60 days after the change of ownership. Any
permit not so | ||||||
26 | renewed shall become void.
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1 | Owners of registered signs shall be issued an identifying | ||||||
2 | tag, which
must remain securely affixed to the front face of | ||||||
3 | the sign or sign structure in
a conspicuous position by the | ||||||
4 | owner within 60 days after receipt of the tag;
owners of signs | ||||||
5 | erected by permit shall be issued an identifying tag which
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6 | must remain securely affixed to the front face of the sign or | ||||||
7 | sign structure in
a conspicuous position by the owner upon | ||||||
8 | completion of the sign erection or
within 10 days after | ||||||
9 | receipt of the tag, whichever is the later.
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10 | (Source: P.A. 98-56, eff. 7-5-13.)
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11 | (225 ILCS 440/3.17 rep.) | ||||||
12 | (225 ILCS 440/3.18 rep.) | ||||||
13 | (225 ILCS 440/3.19 rep.)
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14 | (225 ILCS 440/4.01 rep.)
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15 | (225 ILCS 440/4.02 rep.)
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16 | (225 ILCS 440/4.03 rep.)
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17 | (225 ILCS 440/4.04 rep.)
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18 | (225 ILCS 440/4.06 rep.)
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19 | (225 ILCS 440/6.04 rep.) | ||||||
20 | Section 10. The Highway Advertising Control Act of 1971 is | ||||||
21 | amended by repealing Sections 3.17, 3.18, 3.19, 4.01, 4.02, | ||||||
22 | 4.03, 4.04, 4.06, and 6.04.
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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