Full Text of HB2764 98th General Assembly
HB2764sam002 98TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 5/13/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2764
| 2 | | AMENDMENT NO. ______. Amend House Bill 2764 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Highway Advertising Control Act of 1971 is | 5 | | amended by changing Sections 3.12, 4.02, 4.03, 4.04, 5, and 8 | 6 | | and by adding Sections 3.17, 3.18, 3.19, and 15 as follows:
| 7 | | (225 ILCS 440/3.12) (from Ch. 121, par. 503.12)
| 8 | | Sec. 3.12. Business area. | 9 | | (a) "Business area" means any part of an area adjacent to | 10 | | and
within 660 feet of the right-of-way which is at any time | 11 | | zoned for business,
commercial or industrial activities under | 12 | | the authority of any law of this
State; or not so zoned, but | 13 | | which constitutes an unzoned commercial or
industrial area as | 14 | | defined in Section 3.11. However, as to signs along
Interstate | 15 | | highways, the term "business area" includes only areas which
| 16 | | are within incorporated limits of any city, village, or |
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| 1 | | incorporated town,
as such limits existed on September 21, | 2 | | 1959, and which are zoned for
industrial or commercial use, or | 3 | | both, or to portions of Interstate highways
which traverse | 4 | | other areas where the land use, as of September 21, l959,
was | 5 | | established by State law as industrial or commercial, or both. | 6 | | With respect to signs owned or leased by the State or a | 7 | | political subdivision, an area zoned for business, commercial, | 8 | | or industrial activities that is adjacent to and within 660 | 9 | | feet of an Interstate highway and that is in Township 41 North, | 10 | | Range 10 East of the Third Principal Meridian, shall be deemed | 11 | | a "business area" for purposes of this Act. This zoning must | 12 | | have been a part of comprehensive zoning and not have been | 13 | | created primarily to permit outdoor advertising structures as | 14 | | described in 23 CFR 750. | 15 | | (b) The Department of Transportation shall carry out an | 16 | | impact study in cooperation with the Outdoor Advertising | 17 | | Association of Illinois recommending any possible changes to | 18 | | Section 3.12 of this Act. The Department of Transportation | 19 | | shall provide its findings to the General Assembly within 2 | 20 | | years after the effective date of this amendatory Act. The | 21 | | changes to this Section made by this amendatory Act of the 95th | 22 | | General Assembly are intended to comply with the federal | 23 | | Highway Beautification Act of 1965, 23 U.S.C. 131, and the | 24 | | regulations promulgated thereunder by the Secretary of the | 25 | | United States Department of Transportation. To the extent that | 26 | | the Secretary of the United States Department of Transportation |
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| 1 | | or any court finds the changes to this Section made by this | 2 | | amendatory Act to be inconsistent with or preempted by such law | 3 | | or regulations, the changes shall be repealed to the extent | 4 | | necessary to cure such inconsistency or preemption. | 5 | | (c) The provisions of this amendatory Act of the 95th | 6 | | General Assembly shall not be applicable if such application | 7 | | would impact the receipt, use, or reimbursement of federal | 8 | | funds by the Illinois Department of Transportation.
| 9 | | (Source: P.A. 95-340, eff. 1-1-08.)
| 10 | | (225 ILCS 440/3.17 new) | 11 | | Sec. 3.17. On-premise signs. "On-premise sign" means any | 12 | | sign advertising a business or activity conducted on the | 13 | | property on which they are located. | 14 | | (225 ILCS 440/3.18 new) | 15 | | Sec. 3.18. Off-premise signs. "Off-premise sign" means any | 16 | | sign advertising a business or activity not being conducted on | 17 | | the same property as the sign. | 18 | | (225 ILCS 440/3.19 new) | 19 | | Sec. 3.19. Real estate signs. "Real estate sign" means any | 20 | | sign advertising solely the sale or lease of the property on | 21 | | which the sign is located.
| 22 | | (225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
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| 1 | | Sec. 4.02. Real estate signs. Real estate signs as defined | 2 | | in Section 3.19 of this Act. However, real estate signs must | 3 | | comply only with the provisions in Section 5 of this Act. Signs | 4 | | advertising the sale or lease of property on which they are
| 5 | | located, which signs, if along Interstate highways outside a | 6 | | "business
area", comply with the following requirements:
| 7 | | (a) There may not be more than one such sign designed to | 8 | | attract traffic
on the Interstate highway proceeding in any one | 9 | | direction;
| 10 | | (b) The sign may not exceed 150 square feet in size;
| 11 | | (c) No such sign may be erected or maintained which | 12 | | attempts or appears
to attempt to direct the movement of | 13 | | traffic or which interferes with,
indicates or resembles any | 14 | | official traffic sign, signal or device;
| 15 | | (d) No such sign may be erected or maintained which | 16 | | prevents the driver
of a vehicle from having a clear and | 17 | | unobstructed view of official signs
and approaching or merging | 18 | | traffic;
| 19 | | (e) No such sign may be erected or maintained which | 20 | | contains, includes,
or is illuminated by any flashing, | 21 | | intermittent or moving light or lights;
| 22 | | (f) No lighting may be used in any way, in connection with | 23 | | any such
sign, unless it is so effectively shielded as to | 24 | | prevent beams or rays of
light from being directed at any | 25 | | portion of the main-traveled way of the
highway, or is of such | 26 | | low intensity or brilliance as not to cause glare or
to impair |
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| 1 | | the vision of the driver of any motor vehicle, or to otherwise
| 2 | | interfere with any driver's operation of a motor vehicle;
| 3 | | (g) No such sign may be erected or maintained which moves | 4 | | or has any
animated or moving parts and no such sign may be | 5 | | erected or maintained upon
trees or painted or drawn upon rocks | 6 | | or other natural features.
| 7 | | (Source: P.A. 77-1815.)
| 8 | | (225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
| 9 | | Sec. 4.03. On-premise signs. On-premise signs as defined in | 10 | | Section 3.17 of this Act. However, on-premise signs must comply | 11 | | only with the provisions in Section 5 of this Act. Signs | 12 | | advertising activities conducted on the property on which they
| 13 | | are located; which, if along Interstate highways outside a | 14 | | "business
area" comply with the following requirements:
| 15 | | (a) There may not be more than one such sign located more | 16 | | than 50
feet from such activity designed to attract traffic on | 17 | | the Interstate
highway proceeding in any one direction;
| 18 | | (b) No such sign visible to traffic on an Interstate | 19 | | highway and
located more than 50 feet from such activity, which | 20 | | displays any trade
name referring to or identifying any service | 21 | | rendered or any product
sold, used or otherwise handled, may be | 22 | | permitted unless the name of the
advertised activity is | 23 | | displayed as conspicuously as such trade name.
This restriction | 24 | | does not apply if the trade name identifies or
characterizes | 25 | | places for lodging, eating, telephone facilities, vehicle
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| 1 | | service and repair, or identifies vehicle equipment, parts, | 2 | | accessories,
fuels, oils or lubricants being offered for sale | 3 | | at such places;
| 4 | | (c) No such sign in excess of 20 feet in length, width or | 5 | | height, or
150 square feet in area, including border and trim, | 6 | | but excluding
supports, may be erected or maintained more than | 7 | | 50 feet from the
activities conducted upon the property where | 8 | | the sign is located;
| 9 | | (d) The sign must comply with subparagraphs (c), (d), (f) | 10 | | and
(g) of Section 4.02;
| 11 | | (e) No such sign may be erected or maintained which | 12 | | contains, includes,
or is illuminated by any flashing, | 13 | | intermittent or moving light or lights
except those which may | 14 | | be changed at reasonable intervals by electronic
process or by | 15 | | remote control as long as these do not interfere with the
| 16 | | effectiveness of an official traffic control device.
| 17 | | (Source: P.A. 81-550.)
| 18 | | (225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
| 19 | | Sec. 4.04. Off-premise signs. Off-premise signs Signs | 20 | | which are erected in business areas after the effective date of
| 21 | | this Act and which comply, when erected, with Sections 5, 6 | 22 | | (subject to
provisions of Section 7) and 8 of this Act.
| 23 | | (Source: P.A. 77-1815.)
| 24 | | (225 ILCS 440/5) (from Ch. 121, par. 505)
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| 1 | | Sec. 5. No sign may be erected or maintained that:
| 2 | | (a) attempts or appears to attempt to direct the movement | 3 | | of traffic or which interferes with, indicates, or resembles | 4 | | any official traffic sign, signal, or device, or which prevents | 5 | | the driver of a vehicle from having a clear and unobstructed | 6 | | view of official signs and approaching or merging traffic; | 7 | | Imitates or resembles an official traffic sign, signal or | 8 | | device;
| 9 | | (a-5) contains, includes, or is illuminated by any | 10 | | flashing, intermittent, or moving light or lights, except those | 11 | | changed at reasonable intervals by electronic process or by | 12 | | remote control, as long as they do not interfere with the | 13 | | effectiveness of an official traffic control device, or those | 14 | | giving public service information, such as, without | 15 | | limitation, time, weather, date, and temperature; no lighting | 16 | | may be used in any way in connection with any sign, unless it | 17 | | is so effectively shielded as to prevent beams or rays of light | 18 | | from being directed at any portion of the main-traveled way of | 19 | | the highway, or is of such low intensity or brilliance as not | 20 | | to cause glare or to impair the vision of the driver of any | 21 | | motor vehicle or to otherwise interfere with any driver's | 22 | | operation of a motor vehicle; | 23 | | (b) is Is erected, painted or drawn upon trees, rocks , or | 24 | | other natural
features;
| 25 | | (c) is Is structurally unsafe or in disrepair; | 26 | | (c-5) advertises or promotes activities that are illegal |
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| 1 | | under federal or State law in effect at the location of those | 2 | | signs or activities; or
| 3 | | (d) is Is erected
adjacent to a scenic byway that is a | 4 | | primary or Interstate
highway
after the effective date of this | 5 | | amendatory Act of 1996,
except those signs described in
| 6 | | Sections 4.01, 4.02, 4.03, 4.06, and 4.08 of this Act.
| 7 | | (Source: P.A. 89-605, eff. 8-2-96.)
| 8 | | (225 ILCS 440/8) (from Ch. 121, par. 508)
| 9 | | Sec. 8.
Within 90 days after the effective date of this | 10 | | Act , each
sign, except signs described by Sections Section | 11 | | 4.01 , and signs along primary highways
described by Sections | 12 | | 4.02 , and 4.03, must be registered with the Department
by the | 13 | | owner of the sign, on forms obtained from the Department. | 14 | | Within
90 days after the effective date of this amendatory Act | 15 | | of 1975, each sign
located beyond 660 feet of the right-of-way | 16 | | located outside of urban areas,
visible from the main-traveled | 17 | | way of the highway and erected with the
purpose of the message | 18 | | being read from such traveled way, must be registered
with the | 19 | | Department by the owner of the sign on forms obtained from the
| 20 | | Department. The Department shall require reasonable | 21 | | information to be
furnished including the name of the owner of | 22 | | the land on which the sign is
located and a statement that the | 23 | | owner has consented to the erection or
maintenance of the sign. | 24 | | Registration must be made of each sign and shall be
accompanied | 25 | | by a registration fee of $5.
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| 1 | | No sign, except signs described by Sections Section 4.01 , | 2 | | and signs along primary
highways described by Sections 4.02 , | 3 | | and 4.03, may be erected after the
effective date of this Act | 4 | | without first obtaining a permit from the
Department. The | 5 | | application for permit shall be on a form provided by the
| 6 | | Department and shall contain such information as the Department | 7 | | may reasonably
require. Upon receipt of an application | 8 | | containing all required information
and appropriately executed | 9 | | and upon payment of the fee required under this
Section, the | 10 | | Department shall have up to 60 days to approve and issue a | 11 | | permit to the applicant for the erection of the sign, provided | 12 | | the sign does not violate any provision of this Act. In the | 13 | | event the Department intends to deny an application for a | 14 | | permit, the Department shall have 60 days after receipt of the | 15 | | application to provide notice of the intent to deny, which | 16 | | shall include in detail an explanation of the basis for their | 17 | | decision. The applicant shall have 30 days to respond and | 18 | | perfect any deficiencies stated in the notice for intent to | 19 | | deny, and thereafter the Department shall have 30 days to | 20 | | respond with a final notice of determination. then issues a | 21 | | permit to the applicant for the erection
of the sign, provided | 22 | | such sign will not violate any provision of this Act. | 23 | | The Department shall not withhold approval of a permit by | 24 | | requesting information that is not necessary for making the | 25 | | decision of granting the permit. | 26 | | The
application fee shall be as follows:
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| 1 | | (1) for signs of less than 150 square feet, $50;
| 2 | | (2) for signs of at least 150 but less than 300 square | 3 | | feet, $100; and
| 4 | | (3) for signs of 300 or more square feet, $200.
| 5 | | Upon change of sign ownership after the effective date of | 6 | | this amendatory Act of the 98th General Assembly, the new owner | 7 | | of the sign shall notify
the Department and supply the | 8 | | necessary information to transfer renew the permit for
such | 9 | | sign at no cost within 60 days after the change of ownership. | 10 | | The Department shall then have 30 days to respond and | 11 | | acknowledge the receipt of request for transfer of ownership. | 12 | | Any
permit not so transferred renewed shall become revocable | 13 | | void .
| 14 | | Owners of registered signs shall be issued an identifying | 15 | | tag, which
must remain be securely affixed to the front face of | 16 | | the sign or sign structure in
a conspicuous position by the | 17 | | owner within 60 days after receipt of the tag;
owners of signs | 18 | | erected by permit shall be issued an identifying tag which
must | 19 | | remain be securely affixed to the front face of the sign or | 20 | | sign structure in
a conspicuous position by the owner upon | 21 | | completion of the sign erection or
within 10 days after receipt | 22 | | of the tag, whichever is the later.
| 23 | | (Source: P.A. 87-1205.)
| 24 | | (225 ILCS 440/15 new) | 25 | | Sec. 15. Highway Beautification Act funding. If, as a |
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| 1 | | result of the changes made by this amendatory Act of the 98th | 2 | | General Assembly, the State is required to pay back or | 3 | | reimburse federal funding received under subsection (j) of 23 | 4 | | U.S.C. 131, then no additional fees or fines shall be levied on | 5 | | the owners of signs to reimburse the federal government.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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