Public Act 095-0340
 
HB0876 Enrolled LRB095 04445 RAS 24645 b

    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 Section 3.12 as follows:
 
    (225 ILCS 440/3.12)  (from Ch. 121, par. 503.12)
    Sec. 3.12. (a) "Business area" means any part of an area
adjacent to and within 660 feet of the right-of-way which is at
any time zoned for business, commercial or industrial
activities under the authority of any law of this State; or not
so zoned, but which constitutes an unzoned commercial or
industrial area as defined in Section 3.11. However, as to
signs along Interstate highways, the term "business area"
includes only areas which are within incorporated limits of any
city, village, or incorporated town, as such limits existed on
September 21, 1959, and which are zoned for industrial or
commercial use, or both, or to portions of Interstate highways
which traverse other areas where the land use, as of September
21, l959, was established by State law as industrial or
commercial, or both.
    With respect to signs owned or leased by the State or a
political subdivision, an area zoned for business, commercial,
or industrial activities that is adjacent to and within 660
feet of an Interstate highway and that is in Township 41 North,
Range 10 East of the Third Principal Meridian, shall be deemed
a "business area" for purposes of this Act. This zoning must
have been a part of comprehensive zoning and not have been
created primarily to permit outdoor advertising structures as
described in 23 CFR 750.
    (b) The changes to this Section made by this amendatory Act
of the 95th General Assembly are intended to comply with the
federal Highway Beautification Act of 1965, 23 U.S.C. 131, and
the regulations promulgated thereunder by the Secretary of the
United States Department of Transportation. To the extent that
the Secretary of the United States Department of Transportation
or any court finds the changes to this Section made by this
amendatory Act to be inconsistent with or preempted by such law
or regulations, the changes shall be repealed to the extent
necessary to cure such inconsistency or preemption.
    (c) The provisions of this amendatory Act of the 95th
General Assembly shall not be applicable if such application
would impact the receipt, use, or reimbursement of federal
funds by the Illinois Department of Transportation.
(Source: P.A. 79-1009.)