97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3319

 

Introduced 2/24/2011, by Rep. Michael P. McAuliffe - Daniel J. Burke

 

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

    Amends the Highway Advertising Control Act of 1971. Provides that with respect to signs owned or leased by the State or a political subdivision or on property for which either the State or a political subdivision determines a benefit, an area zoned for business, commercial, or industrial activities that is adjacent to and within 660 feet of (i) an Interstate highway and that is in Township 41 North, Range 10 East of the Third Principal Meridian, or (ii) a toll highway in the Cities of Des Plaines and Elmhurst or in the Villages of Hoffman Estates, Rosemont, and Indian Head Park, shall be deemed a "business area" for purposes of the Act. Effective immediately.


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A BILL FOR

 

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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 within 660 feet of the right-of-way which is at
9any 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 or on property for which either the State
23or a political subdivision determines a benefit, an area zoned

 

 

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1for business, commercial, or industrial activities that is
2adjacent to and within 660 feet of (i) an Interstate highway
3and that is in Township 41 North, Range 10 East of the Third
4Principal Meridian, or (ii) a toll highway in the Cities of Des
5Plaines and Elmhurst or in the Villages of Hoffman Estates,
6Rosemont, and Indian Head Park, shall be deemed a "business
7area" for purposes of this Act. This zoning must have been a
8part of comprehensive zoning and not have been created
9primarily to permit outdoor advertising structures as
10described in 23 CFR 750.
11    (b) The changes to this Section made by this amendatory Act
12of the 95th General Assembly are intended to comply with the
13federal Highway Beautification Act of 1965, 23 U.S.C. 131, and
14the regulations promulgated thereunder by the Secretary of the
15United States Department of Transportation. To the extent that
16the Secretary of the United States Department of Transportation
17or any court finds the changes to this Section made by this
18amendatory Act to be inconsistent with or preempted by such law
19or regulations, the changes shall be repealed to the extent
20necessary to cure such inconsistency or preemption.
21    (c) The provisions of this amendatory Act of the 95th
22General Assembly shall not be applicable if such application
23would impact the receipt, use, or reimbursement of federal
24funds by the Illinois Department of Transportation.
25(Source: P.A. 95-340, eff. 1-1-08.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.