97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1720

 

Introduced , by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 440/3.12  from Ch. 121, par. 503.12

    Amends the Highway Advertising Control Act of 1971. Makes a technical change in a Section concerning business areas.


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A BILL FOR

 

HB1720LRB097 08051 CEL 48174 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Highway Advertising Control Act of 1971 is
5amended by changing Section 3.12 as follows:
 
6    (225 ILCS 440/3.12)  (from Ch. 121, par. 503.12)
7    Sec. 3.12. (a) "Business area" means any part of an area
8adjacent to and and within 660 feet of the right-of-way which
9is at any time zoned for business, commercial or industrial
10activities under the authority of any law of this State; or not
11so zoned, but which constitutes an unzoned commercial or
12industrial area as defined in Section 3.11. However, as to
13signs along Interstate highways, the term "business area"
14includes only areas which are within incorporated limits of any
15city, village, or incorporated town, as such limits existed on
16September 21, 1959, and which are zoned for industrial or
17commercial use, or both, or to portions of Interstate highways
18which traverse other areas where the land use, as of September
1921, l959, was established by State law as industrial or
20commercial, or both.
21    With respect to signs owned or leased by the State or a
22political subdivision, an area zoned for business, commercial,
23or industrial activities that is adjacent to and within 660

 

 

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1feet of an Interstate highway and that is in Township 41 North,
2Range 10 East of the Third Principal Meridian, shall be deemed
3a "business area" for purposes of this Act. This zoning must
4have been a part of comprehensive zoning and not have been
5created primarily to permit outdoor advertising structures as
6described in 23 CFR 750.
7    (b) The changes to this Section made by this amendatory Act
8of the 95th General Assembly are intended to comply with the
9federal Highway Beautification Act of 1965, 23 U.S.C. 131, and
10the regulations promulgated thereunder by the Secretary of the
11United States Department of Transportation. To the extent that
12the Secretary of the United States Department of Transportation
13or any court finds the changes to this Section made by this
14amendatory Act to be inconsistent with or preempted by such law
15or regulations, the changes shall be repealed to the extent
16necessary to cure such inconsistency or preemption.
17    (c) The provisions of this amendatory Act of the 95th
18General Assembly shall not be applicable if such application
19would impact the receipt, use, or reimbursement of federal
20funds by the Illinois Department of Transportation.
21(Source: P.A. 95-340, eff. 1-1-08.)