Full Text of HB3987 98th General Assembly
HB3987ham001 98TH GENERAL ASSEMBLY | Rep. John D'Amico Filed: 5/6/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3987
| 2 | | AMENDMENT NO. ______. Amend House Bill 3987 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 Section 8 as follows:
| 6 | | (225 ILCS 440/8) (from Ch. 121, par. 508)
| 7 | | Sec. 8.
Within 90 days after the effective date of this | 8 | | Act, each
sign, except signs described by Sections 4.01, 4.02, | 9 | | and 4.03, must be registered with the Department
by the owner | 10 | | of the sign, on forms obtained from the Department. Within
90 | 11 | | days after the effective date of this amendatory Act of 1975, | 12 | | each sign
located beyond 660 feet of the right-of-way located | 13 | | outside of urban areas,
visible from the main-traveled way of | 14 | | the highway and erected with the
purpose of the message being | 15 | | read from such traveled way, must be registered
with the | 16 | | Department by the owner of the sign on forms obtained from the
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| 1 | | Department. The Department shall require reasonable | 2 | | information to be
furnished including the name of the owner of | 3 | | the land on which the sign is
located and a statement that the | 4 | | owner has consented to the erection or
maintenance of the sign. | 5 | | Registration must be made of each sign and shall be
accompanied | 6 | | by a registration fee of $5.
| 7 | | No sign, except signs described by Sections 4.01, 4.02, and | 8 | | 4.03, may be erected after the
effective date of this Act | 9 | | without first obtaining a permit from the
Department. The | 10 | | application for permit shall be on a form provided by the
| 11 | | Department and shall contain such information as the Department | 12 | | may reasonably
require. Upon receipt of an application | 13 | | containing all required information
and appropriately executed | 14 | | and upon payment of the fee required under this
Section, the | 15 | | Department shall, within the subsequent 14 days, send to the | 16 | | applicant a notice indicating that the application was received | 17 | | and whether the application contains all required information, | 18 | | as defined by rule. Within 30 days after the receipt of the | 19 | | notice from the Department, the applicant may correct any | 20 | | deficiencies stated in the notice. Upon the expiration of the | 21 | | 30-day period allowed to the applicant to correct deficiencies | 22 | | in the notice, the Department shall then have 30 days to make a | 23 | | determination that either the Department approves the | 24 | | application and shall issue a permit to the applicant for the | 25 | | erection of the sign, provided such sign will not violate any | 26 | | provision of this Act, or, if a permit cannot be approved, then |
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| 1 | | the Department shall issue to the applicant a notice of intent | 2 | | to deny that includes a detailed explanation of the | 3 | | deficiencies in the application. Within 30 days after the | 4 | | receipt of the notice of intent to deny from the Department, | 5 | | the applicant may correct any deficiencies stated in the notice | 6 | | of intent to deny. Upon the expiration of the 30-day period | 7 | | allowed to the applicant to correct the deficiencies in the | 8 | | notice of intent to deny, the Department shall then have 30 | 9 | | days to make a determination that either the Department | 10 | | approves the application and shall issue then issues a permit | 11 | | to the applicant for the erection
of the sign, provided such | 12 | | sign will not violate any provision of this Act , or, if a | 13 | | permit cannot be approved, the Department shall then issue a | 14 | | final notice of determination to the applicant denying the | 15 | | application . The
application fee shall be as follows:
| 16 | | (1) for signs of less than 150 square feet, $50;
| 17 | | (2) for signs of at least 150 but less than 300 square | 18 | | feet, $100; and
| 19 | | (3) for signs of 300 or more square feet, $200.
| 20 | | In determining the appropriateness of issuing a permit for | 21 | | a municipal network sign, the Department shall waive any | 22 | | provision or requirement of this Act or administrative rule | 23 | | adopted under the authority of this Act to the extent that the | 24 | | waiver does not contravene the federal Highway Beautification | 25 | | Act of 1965, 23 U.S.C. 131, and the regulations promulgated | 26 | | under that Act by the Secretary of the United States Department |
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| 1 | | of Transportation. Any municipal network sign applications | 2 | | pending on May 1, 2013 that are not affected by compliance with | 3 | | the federal Highway Beautification Act of 1965 shall be issued | 4 | | within 10 days after the effective date of this amendatory Act | 5 | | of the 98th General Assembly. The determination of the balance | 6 | | of pending municipal network sign applications and issuance of | 7 | | approved permits shall be completed within 30 days after the | 8 | | effective date of this amendatory Act of the 98th General | 9 | | Assembly. To the extent that the Secretary of the United States | 10 | | Department of Transportation or any court finds any permit | 11 | | granted pursuant to such a waiver to be inconsistent with or | 12 | | preempted by the federal Highway Beautification Act of 1965, 23 | 13 | | U.S.C. 131, and the regulations promulgated under that Act, | 14 | | that permit shall be void. | 15 | | Upon change of sign ownership the new owner of the sign | 16 | | shall notify
the Department and supply the necessary | 17 | | information to renew the permit for
such sign at no cost within | 18 | | 60 days after the change of ownership. Any
permit not so | 19 | | renewed shall become void.
| 20 | | Owners of registered signs shall be issued an identifying | 21 | | tag, which
must remain securely affixed to the front face of | 22 | | the sign or sign structure in
a conspicuous position by the | 23 | | owner within 60 days after receipt of the tag;
owners of signs | 24 | | erected by permit shall be issued an identifying tag which
must | 25 | | remain securely affixed to the front face of the sign or sign | 26 | | structure in
a conspicuous position by the owner upon |
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| 1 | | completion of the sign erection or
within 10 days after receipt | 2 | | of the tag, whichever is the later.
| 3 | | (Source: P.A. 98-56, eff. 7-5-13.)".
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