Sen. Cristina Castro

Filed: 3/28/2023





10300SB0064sam001LRB103 06008 SPS 60064 a


2    AMENDMENT NO. ______. Amend Senate Bill 64 by replacing
3everything after the enacting clause with the following:
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



10300SB0064sam001- 2 -LRB103 06008 SPS 60064 a

1operated or owned by a person or entity earning remuneration
2directly or indirectly for the existence or placement of the
3outdoor sign or for the placement of the message on the outdoor
5    "Sign" also means any sign described in paragraph one of
6this Section which is more than 660 feet from the nearest edge
7of such highway, outside of an urban area, visible from any
8place on the main-traveled way of any portion of such highway
9and erected with the purpose of its message being read from
10such main-traveled way.
11(Source: P.A. 79-1009.)
12    (225 ILCS 440/3.08)  (from Ch. 121, par. 503.08)
13    Sec. 3.08. "Erect" means to construct, build, raise,
14assemble, place, affix, attach, create, paint, draw or in any
15other way bring into being or establish; but does not include
16any of the foregoing activities when performed as an incident
17to the change of advertising message or normal maintenance or
18repair of a sign or sign structure. For the purposes of this
19definition, the following shall not constitute normal
20maintenance or repair of a sign or sign structure: replacing
21more than 60% of the uprights, in whole or in part, of a wooden
22sign structure; replacing more than 30% of the length above
23ground of each broken, bent, or twisted support of a metal sign
24structure; raising the height above ground of a sign or sign
25structure; making a sign bigger; adding lighting; or similar



10300SB0064sam001- 3 -LRB103 06008 SPS 60064 a

1activities that substantially change a sign or make a sign
2more valuable. "Erect" does not include the attachment of a
3vinyl substrate to a sign that was permitted or registered to
4display, in another medium, advertising or other information
5and that does not cause a substantial change or modification
6that would terminate nonconforming rights.
7    The Department shall accord lawful status to the
8registered sign (registered sign number 1-03520) at issue in
9the decision of the Illinois Appellate Court captioned as
10Image Media Advertising, Inc., v. Illinois Department of
11Transportation, No. 1-20-0830, which was issued on December
1221, 2021 and bears the legal citation of 2021 IL App (1st)
13200830-U. The Department shall also allow for the continued
14usage of that sign by the owner of the building or its
15authorized agent without requiring a new permit or
17(Source: P.A. 96-919, eff. 6-9-10.)
18    (225 ILCS 440/3.21 new)
19    Sec. 3.21. Remuneration. "Remuneration" means the exchange
20of anything of value, including money, securities, real
21property interests, personal property interests, goods or
22services, promises of future development, or forbearances of
24    (225 ILCS 440/8)  (from Ch. 121, par. 508)



10300SB0064sam001- 4 -LRB103 06008 SPS 60064 a

1    Sec. 8. Within 90 days after the effective date of this
2Act, each sign, except signs described by Sections 4.01, 4.02,
3and 4.03, must be registered with the Department by the owner
4of the sign, on forms obtained from the Department. Within 90
5days after the effective date of this amendatory Act of 1975,
6each sign located beyond 660 feet of the right-of-way located
7outside of urban areas, visible from the main-traveled way of
8the highway and erected with the purpose of the message being
9read from such traveled way, must be registered with the
10Department by the owner of the sign on forms obtained from the
11Department. The Department shall require reasonable
12information to be furnished including the name of the owner of
13the land on which the sign is located and a statement that the
14owner has consented to the erection or maintenance of the
15sign. Registration must be made of each sign and shall be
16accompanied by a registration fee of $5.
17    No sign, except signs described by Sections 4.01, 4.02,
18and 4.03, may be erected after the effective date of this Act
19without first obtaining a permit from the Department. The
20application for permit shall be on a form provided by the
21Department and shall contain such information as the
22Department may reasonably require. Upon receipt of an
23application containing all required information and
24appropriately executed and upon payment of the fee required
25under this Section, the Department then issues a permit to the
26applicant for the erection of the sign, provided such sign



10300SB0064sam001- 5 -LRB103 06008 SPS 60064 a

1will not violate any provision of this Act. The application
2fee shall be as follows:
3        (1) for signs of less than 150 square feet, $50;
4        (2) for signs of at least 150 but less than 300 square
5    feet, $100; and
6        (3) for signs of 300 or more square feet, $200.
7    In determining the appropriateness of issuing a permit for
8a municipal network sign, the Department shall waive any
9provision or requirement of this Act or administrative rule
10adopted under the authority of this Act to the extent that the
11waiver does not contravene the federal Highway Beautification
12Act of 1965, 23 U.S.C. 131, and the regulations promulgated
13under that Act by the Secretary of the United States
14Department of Transportation. Any municipal network sign
15applications pending on May 1, 2013 that are not affected by
16compliance with the federal Highway Beautification Act of 1965
17shall be issued within 10 days after the effective date of this
18amendatory Act of the 98th General Assembly. The determination
19of the balance of pending municipal network sign applications
20and issuance of approved permits shall be completed within 30
21days after the effective date of this amendatory Act of the
2298th General Assembly. To the extent that the Secretary of the
23United States Department of Transportation or any court finds
24any permit granted pursuant to such a waiver to be
25inconsistent with or preempted by the federal Highway
26Beautification Act of 1965, 23 U.S.C. 131, and the regulations



10300SB0064sam001- 6 -LRB103 06008 SPS 60064 a

1promulgated under that Act, that permit shall be void.
2    Upon change of sign ownership the new owner of the sign
3shall notify the Department and supply the necessary
4information to renew the permit for such sign at no cost within
560 days after the change of ownership. Any permit not so
6renewed shall become void.
7    Owners of registered signs shall be issued an identifying
8tag, which must remain securely affixed to the front face of
9the sign or sign structure in a conspicuous position by the
10owner within 60 days after receipt of the tag; owners of signs
11erected by permit shall be issued an identifying tag which
12must remain securely affixed to the front face of the sign or
13sign structure in a conspicuous position by the owner upon
14completion of the sign erection or within 10 days after
15receipt of the tag, whichever is the later.
16(Source: P.A. 98-56, eff. 7-5-13.)
17    (225 ILCS 440/3.17 rep.)
18    (225 ILCS 440/3.18 rep.)
19    (225 ILCS 440/3.19 rep.)
20    (225 ILCS 440/4.01 rep.)
21    (225 ILCS 440/4.02 rep.)
22    (225 ILCS 440/4.03 rep.)
23    (225 ILCS 440/4.04 rep.)
24    (225 ILCS 440/4.06 rep.)
25    (225 ILCS 440/6.04 rep.)



10300SB0064sam001- 7 -LRB103 06008 SPS 60064 a

1    Section 10. The Highway Advertising Control Act of 1971 is
2amended by repealing Sections 3.17, 3.18, 3.19, 4.01, 4.02,
34.03, 4.04, 4.06, and 6.04.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".