Bill Text: IL SB0064 | 2023-2024 | 103rd General Assembly | Engrossed

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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) 2024-03-07 - House Committee Amendment No. 1 Motion Held in Executive [SB0064 Detail]

Download: Illinois-2023-SB0064-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Highway Advertising Control Act of 1971 is
amended by changing Sections 3.07, 3.08, and 8 and by adding
Section 3.21 as follows:
(225 ILCS 440/3.07) (from Ch. 121, par. 503.07)
Sec. 3.07. "Sign" means any outdoor sign, display, device,
notice, figure painting, drawing, message, placard, poster,
billboard, or other thing, which is designed 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 any portion of an Interstate
or primary highway, and which is within 660 feet of the nearest
edge of the right-of-way of such highway, and which is
operated or owned by a person or entity earning remuneration
directly or indirectly for the existence or placement of the
outdoor sign or for the placement of the message on the outdoor
sign.
"Sign" also means any sign described in paragraph one of
this Section which is more than 660 feet from the nearest edge
of such highway, outside of an urban area, visible from any

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place on the main-traveled way of any portion of such highway
and erected with the purpose of its message being read from
such main-traveled way.
(Source: P.A. 79-1009.)
(225 ILCS 440/3.08) (from Ch. 121, par. 503.08)
Sec. 3.08. "Erect" means to construct, build, raise,
assemble, place, affix, attach, create, paint, draw or in any
other way bring into being or establish; but does not include
any of the foregoing activities when performed as an incident
to the change of advertising message or normal maintenance or
repair of a sign or sign structure. For the purposes of this
definition, the following shall not constitute normal
maintenance or repair of a sign or sign structure: replacing
more than 60% of the uprights, in whole or in part, of a wooden
sign structure; replacing more than 30% of the length above
ground of each broken, bent, or twisted support of a metal sign
structure; raising the height above ground of a sign or sign
structure; making a sign bigger; adding lighting; or similar
activities that substantially change a sign or make a sign
more valuable. "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.
The Department shall accord lawful status to a previously

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permitted or registered sign that was a painted display on a
wall or wall surface (but not a separate wall structure) of a
building and that lost its lawful status because a court of
competent jurisdiction through a final and non-appealable
order determined that the attachment of a vinyl substrate to
the wall or wall surface constituted the erection of a new sign
and not normal maintenance under this Section. 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.
(Source: P.A. 96-919, eff. 6-9-10.)
(225 ILCS 440/3.21 new)
Sec. 3.21. Remuneration. "Remuneration" means the exchange
of anything of value, including money, securities, real
property interests, personal property interests, goods or
services, promises of future development, or forbearances of
debt.
(225 ILCS 440/8) (from Ch. 121, par. 508)
Sec. 8. Within 90 days after the effective date of this
Act, each sign, except signs described by Sections 4.01, 4.02,
and 4.03, must be registered with the Department by the owner
of the sign, on forms obtained from the Department. Within 90
days after the effective date of this amendatory Act of 1975,
each sign located beyond 660 feet of the right-of-way located

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outside of urban areas, visible from the main-traveled way of
the highway and erected with the purpose of the message being
read from such traveled way, must be registered with the
Department by the owner of the sign on forms obtained from the
Department. The Department shall require reasonable
information to be furnished including the name of the owner of
the land on which the sign is located and a statement that the
owner has consented to the erection or maintenance of the
sign. Registration must be made of each sign and shall be
accompanied by a registration fee of $5.
No sign, except signs described by Sections 4.01, 4.02,
and 4.03, may be erected after the effective date of this Act
without first obtaining a permit from the Department. The
application for permit shall be on a form provided by the
Department and shall contain such information as the
Department may reasonably require. Upon receipt of an
application containing all required information and
appropriately executed and upon payment of the fee required
under this Section, the Department then issues a permit to the
applicant for the erection of the sign, provided such sign
will not violate any provision of this Act. The application
fee shall be as follows:
(1) for signs of less than 150 square feet, $50;
(2) for signs of at least 150 but less than 300 square
feet, $100; and
(3) for signs of 300 or more square feet, $200.

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In determining the appropriateness of issuing a permit for
a municipal network sign, the Department shall waive any
provision or requirement of this Act or administrative rule
adopted under the authority of this Act to the extent that the
waiver does not contravene the federal Highway Beautification
Act of 1965, 23 U.S.C. 131, and the regulations promulgated
under that Act by the Secretary of the United States
Department of Transportation. Any municipal network sign
applications pending on May 1, 2013 that are not affected by
compliance with the federal Highway Beautification Act of 1965
shall be issued within 10 days after the effective date of this
amendatory Act of the 98th General Assembly. The determination
of the balance of pending municipal network sign applications
and issuance of approved permits shall be completed within 30
days after the effective date of this amendatory Act of the
98th General Assembly. To the extent that the Secretary of the
United States Department of Transportation or any court finds
any permit granted pursuant to such a waiver to be
inconsistent with or preempted by the federal Highway
Beautification Act of 1965, 23 U.S.C. 131, and the regulations
promulgated under that Act, that permit shall be void.
Upon change of sign ownership the new owner of the sign
shall notify the Department and supply the necessary
information to renew the permit for such sign at no cost within
60 days after the change of ownership. Any permit not so
renewed shall become void.

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Owners of registered signs shall be issued an identifying
tag, which must remain securely affixed to the front face of
the sign or sign structure in a conspicuous position by the
owner within 60 days after receipt of the tag; owners of signs
erected by permit shall be issued an identifying tag which
must remain securely affixed to the front face of the sign or
sign structure in a conspicuous position by the owner upon
completion of the sign erection or within 10 days after
receipt of the tag, whichever is the later.
(Source: P.A. 98-56, eff. 7-5-13.)
(225 ILCS 440/3.17 rep.)
(225 ILCS 440/3.18 rep.)
(225 ILCS 440/3.19 rep.)
(225 ILCS 440/4.01 rep.)
(225 ILCS 440/4.02 rep.)
(225 ILCS 440/4.03 rep.)
(225 ILCS 440/4.04 rep.)
(225 ILCS 440/4.06 rep.)
(225 ILCS 440/6.04 rep.)
Section 10. The Highway Advertising Control Act of 1971 is
amended by repealing Sections 3.17, 3.18, 3.19, 4.01, 4.02,
4.03, 4.04, 4.06, and 6.04.
Section 99. Effective date. This Act takes effect upon
becoming law.