SB0064 EngrossedLRB103 06008 AMQ 51032 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 Sections 3.07, 3.08, and 8 and by adding
6Section 3.21 as follows:
7    (225 ILCS 440/3.07)  (from Ch. 121, par. 503.07)
8    Sec. 3.07. "Sign" means any outdoor sign, display, device,
9notice, figure painting, drawing, message, placard, poster,
10billboard, or other thing, which is designed designated,
11intended, or used to advertise or inform, and of which any part
12of the existing or intended advertising or informative
13contents is or will be visible from any place on the
14main-traveled way of a controlled any portion of an Interstate
15or primary highway, and which is within 660 feet of the nearest
16edge of the right-of-way of such highway, and which is
17operated or owned by a person or entity earning remuneration
18directly or indirectly for the existence or placement of the
19outdoor sign or for the placement of the message on the outdoor
21    "Sign" also means any sign described in paragraph one of
22this Section which is more than 660 feet from the nearest edge
23of such highway, outside of an urban area, visible from any



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1place on the main-traveled way of any portion of such highway
2and erected with the purpose of its message being read from
3such main-traveled way.
4(Source: P.A. 79-1009.)
5    (225 ILCS 440/3.08)  (from Ch. 121, par. 503.08)
6    Sec. 3.08. "Erect" means to construct, build, raise,
7assemble, place, affix, attach, create, paint, draw or in any
8other way bring into being or establish; but does not include
9any of the foregoing activities when performed as an incident
10to the change of advertising message or normal maintenance or
11repair of a sign or sign structure. For the purposes of this
12definition, the following shall not constitute normal
13maintenance or repair of a sign or sign structure: replacing
14more than 60% of the uprights, in whole or in part, of a wooden
15sign structure; replacing more than 30% of the length above
16ground of each broken, bent, or twisted support of a metal sign
17structure; raising the height above ground of a sign or sign
18structure; making a sign bigger; adding lighting; or similar
19activities that substantially change a sign or make a sign
20more valuable. "Erect" does not include the attachment of a
21vinyl substrate to a sign that was permitted or registered to
22display, in another medium, advertising or other information
23and that does not cause a substantial change or modification
24that would terminate nonconforming rights.
25    The Department shall accord lawful status to a previously



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1permitted or registered sign that was a painted display on a
2wall or wall surface (but not a separate wall structure) of a
3building and that lost its lawful status because a court of
4competent jurisdiction through a final and non-appealable
5order determined that the attachment of a vinyl substrate to
6the wall or wall surface constituted the erection of a new sign
7and not normal maintenance under this Section. The Department
8shall also allow for the continued usage of that sign by the
9owner of the building or its authorized agent without
10requiring a new permit or registration.
11(Source: P.A. 96-919, eff. 6-9-10.)
12    (225 ILCS 440/3.21 new)
13    Sec. 3.21. Remuneration. "Remuneration" means the exchange
14of anything of value, including money, securities, real
15property interests, personal property interests, goods or
16services, promises of future development, or forbearances of
18    (225 ILCS 440/8)  (from Ch. 121, par. 508)
19    Sec. 8. Within 90 days after the effective date of this
20Act, each sign, except signs described by Sections 4.01, 4.02,
21and 4.03, must be registered with the Department by the owner
22of the sign, on forms obtained from the Department. Within 90
23days after the effective date of this amendatory Act of 1975,
24each sign located beyond 660 feet of the right-of-way located



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1outside of urban areas, visible from the main-traveled way of
2the highway and erected with the purpose of the message being
3read from such traveled way, must be registered with the
4Department by the owner of the sign on forms obtained from the
5Department. The Department shall require reasonable
6information to be furnished including the name of the owner of
7the land on which the sign is located and a statement that the
8owner has consented to the erection or maintenance of the
9sign. Registration must be made of each sign and shall be
10accompanied by a registration fee of $5.
11    No sign, except signs described by Sections 4.01, 4.02,
12and 4.03, may be erected after the effective date of this Act
13without first obtaining a permit from the Department. The
14application for permit shall be on a form provided by the
15Department and shall contain such information as the
16Department may reasonably require. Upon receipt of an
17application containing all required information and
18appropriately executed and upon payment of the fee required
19under this Section, the Department then issues a permit to the
20applicant for the erection of the sign, provided such sign
21will not violate any provision of this Act. The application
22fee shall be as follows:
23        (1) for signs of less than 150 square feet, $50;
24        (2) for signs of at least 150 but less than 300 square
25    feet, $100; and
26        (3) for signs of 300 or more square feet, $200.



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1    In determining the appropriateness of issuing a permit for
2a municipal network sign, the Department shall waive any
3provision or requirement of this Act or administrative rule
4adopted under the authority of this Act to the extent that the
5waiver does not contravene the federal Highway Beautification
6Act of 1965, 23 U.S.C. 131, and the regulations promulgated
7under that Act by the Secretary of the United States
8Department of Transportation. Any municipal network sign
9applications pending on May 1, 2013 that are not affected by
10compliance with the federal Highway Beautification Act of 1965
11shall be issued within 10 days after the effective date of this
12amendatory Act of the 98th General Assembly. The determination
13of the balance of pending municipal network sign applications
14and issuance of approved permits shall be completed within 30
15days after the effective date of this amendatory Act of the
1698th General Assembly. To the extent that the Secretary of the
17United States Department of Transportation or any court finds
18any permit granted pursuant to such a waiver to be
19inconsistent with or preempted by the federal Highway
20Beautification Act of 1965, 23 U.S.C. 131, and the regulations
21promulgated under that Act, that permit shall be void.
22    Upon change of sign ownership the new owner of the sign
23shall notify the Department and supply the necessary
24information to renew the permit for such sign at no cost within
2560 days after the change of ownership. Any permit not so
26renewed shall become void.



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1    Owners of registered signs shall be issued an identifying
2tag, which must remain securely affixed to the front face of
3the sign or sign structure in a conspicuous position by the
4owner within 60 days after receipt of the tag; owners of signs
5erected by permit shall be issued an identifying tag which
6must remain securely affixed to the front face of the sign or
7sign structure in a conspicuous position by the owner upon
8completion of the sign erection or within 10 days after
9receipt of the tag, whichever is the later.
10(Source: P.A. 98-56, eff. 7-5-13.)
11    (225 ILCS 440/3.17 rep.)
12    (225 ILCS 440/3.18 rep.)
13    (225 ILCS 440/3.19 rep.)
14    (225 ILCS 440/4.01 rep.)
15    (225 ILCS 440/4.02 rep.)
16    (225 ILCS 440/4.03 rep.)
17    (225 ILCS 440/4.04 rep.)
18    (225 ILCS 440/4.06 rep.)
19    (225 ILCS 440/6.04 rep.)
20    Section 10. The Highway Advertising Control Act of 1971 is
21amended by repealing Sections 3.17, 3.18, 3.19, 4.01, 4.02,
224.03, 4.04, 4.06, and 6.04.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.