Public Act 098-0056
 
HB2764 EnrolledLRB098 10755 MGM 41113 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 Sections 3.12, 4.02, 4.03, 4.04, and 8 and  
by adding Sections 3.17, 3.18,  3.19, 3.20, and 15 as follows:
 



    (225 ILCS 440/3.12)  (from Ch. 121, par. 503.12)



    Sec. 3.12. Business area. (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or regulations, the changes shall be repealed to the extent 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. 95-340, eff. 1-1-08.)

 
    (225 ILCS 440/3.17 new)
    Sec. 3.17. On-premise sign. "On-premise sign" means any 
sign advertising a business or activity conducted on the 
property on which they are located.
 
    (225 ILCS 440/3.18 new)
    Sec. 3.18. Off-premise sign. "Off-premise sign" means any 
sign advertising a business or activity not being conducted on 
the same property as the sign.
 
    (225 ILCS 440/3.19 new)
    Sec. 3.19. Real estate sign. "Real estate sign" means any 
sign advertising solely the sale or lease of the property on 
which the sign is located.
 
    (225 ILCS 440/3.20 new)
    Sec. 3.20. Municipal network sign. "Municipal network 
sign" means an official sign or a sign that:
        (1) is located on property owned or controlled by a 
    local government that has a
population of 2,000,000 or more 
    and that has adopted zoning regulations consistent
with 
    this Act; 
        (2) is controlled under the direction of the local 
    government; 
        (3) complies with zoning regulations consistent with 
    this Act; 
        (4) is placed within a business area as defined in 
    Section 3.12 of this Act; 
        (5) is used to communicate emergency, public, and 
    commercial information; and 
        (6) is consistent with the intent of this Act and with 
    customary use of the local
government as to the sign's 
    installation and operation, including the size, lighting,

    and spacing of signs. 
 



    (225 ILCS 440/4.02)  (from Ch. 121, par. 504.02)



    Sec. 4.02. Real estate signs. Real estate signs as defined 
in Section 3.19 of this Act. However, real estate signs must 
comply only with the provisions in Section 5 of this Act. Signs 
advertising the sale or lease of property on which they are

located, which signs, if along Interstate highways outside a 
"business
area", comply with the following requirements:

    (a) There may not be more than one such sign designed to 
attract traffic
on the Interstate highway proceeding in any one 
direction;

    (b) The sign may not exceed 150 square feet in size;

    (c) No such sign may be erected or maintained which 
attempts or appears
to attempt to direct the movement of 
traffic or which interferes with,
indicates or resembles any 
official traffic sign, signal or device;

    (d) No such sign may be erected or maintained which 
prevents the driver
of a vehicle from having a clear and 
unobstructed view of official signs
and approaching or merging 
traffic;

    (e) No such sign may be erected or maintained which 
contains, includes,
or is illuminated by any flashing, 
intermittent or moving light or lights;

    (f) No lighting may be used in any way, in connection with 
any such
sign, unless it is so effectively shielded as to 
prevent beams or rays of
light from being directed at any 
portion of the main-traveled way of the
highway, or is of such 
low intensity or brilliance as not to cause glare or
to impair 
the vision of the driver of any motor vehicle, or to otherwise

interfere with any driver's operation of a motor vehicle;

    (g) No such sign may be erected or maintained which moves 
or has any
animated or moving parts and no such sign may be 
erected or maintained upon
trees or painted or drawn upon rocks 
or other natural features.

(Source: P.A. 77-1815.)

 



    (225 ILCS 440/4.03)  (from Ch. 121, par. 504.03)



    Sec. 4.03. On-premise signs. On-premise signs as defined in 
Section 3.17 of this Act. However, on-premise signs must comply 
only with the provisions in Section 5 of this Act. Signs 
advertising activities conducted on the property on which they

are located; which, if along Interstate highways outside a 
"business
area" comply with the following requirements:

    (a) There may not be more than one such sign located more 
than 50
feet from such activity designed to attract traffic on 
the Interstate
highway proceeding in any one direction;

    (b) No such sign visible to traffic on an Interstate 
highway and
located more than 50 feet from such activity, which 
displays any trade
name referring to or identifying any service 
rendered or any product
sold, used or otherwise handled, may be 
permitted unless the name of the
advertised activity is 
displayed as conspicuously as such trade name.
This restriction 
does not apply if the trade name identifies or
characterizes 
places for lodging, eating, telephone facilities, vehicle

service and repair, or identifies vehicle equipment, parts, 
accessories,
fuels, oils or lubricants being offered for sale 
at such places;

    (c) No such sign in excess of 20 feet in length, width or 
height, or
150 square feet in area, including border and trim, 
but excluding
supports, may be erected or maintained more than 
50 feet from the
activities conducted upon the property where 
the sign is located;

    (d) The sign must comply with subparagraphs (c), (d), (f) 
and
(g) of Section 4.02;

    (e) No such sign may be erected or maintained which 
contains, includes,
or is illuminated by any flashing, 
intermittent or moving light or lights
except those which may 
be changed at reasonable intervals by electronic
process or by 
remote control as long as these do not interfere with the

effectiveness of an official traffic control device.

(Source: P.A. 81-550.)

 



    (225 ILCS 440/4.04)  (from Ch. 121, par. 504.04)



    Sec. 4.04. Off-premise signs. Off-premise signs Signs 
which are erected in business areas after the effective date of

this Act and which comply, when erected, with Sections 5, 6 
(subject to
provisions of Section 7) and 8 of this Act.

(Source: P.A. 77-1815.)

 



    (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 Section 
4.01, and signs along primary highways
described by Sections 
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 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 Section 4.01, 
and signs along primary
highways described by Sections 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.

    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.

    Owners of registered signs shall be issued an identifying 
tag, which
must remain be 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 be 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. 87-1205.)

 
    (225 ILCS 440/15 new)
    Sec. 15. Applicability. The changes made to this Act by 
this amendatory Act of the 98th General Assembly shall not be 
applicable if the application would impact the receipt, use, or 
reimbursement of federal funds by the Illinois Department of 
Transportation other than the reimbursement of Bonus Agreement 
funds. Any permit granted pursuant to an inapplicable provision 
is void.
 

    (225 ILCS 440/4.07 rep.)

    Section 10. The Highway Advertising Control Act of 1971 is 
amended  by repealing Section 4.07.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.