Full Text of HB2764 98th General Assembly
HB2764enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Highway Advertising Control Act of 1971 is | 5 | | amended by changing Sections 3.12, 4.02, 4.03, 4.04, and 8 and | 6 | | by adding Sections 3.17, 3.18, 3.19, 3.20, and 15 as follows:
| 7 | | (225 ILCS 440/3.12) (from Ch. 121, par. 503.12)
| 8 | | Sec. 3.12. Business area. (a) "Business area" means any | 9 | | part of an area adjacent to and
within 660 feet of the | 10 | | right-of-way which is at any time zoned for business,
| 11 | | commercial or industrial activities under the authority of any | 12 | | law of this
State; or not so zoned, but which constitutes an | 13 | | unzoned commercial or
industrial area as defined in Section | 14 | | 3.11. However, as to signs along
Interstate highways, the term | 15 | | "business area" includes only areas which
are within | 16 | | incorporated limits of any city, village, or incorporated town,
| 17 | | as such limits existed on September 21, 1959, and which are | 18 | | zoned for
industrial or commercial use, or both, or to portions | 19 | | of Interstate highways
which traverse other areas where the | 20 | | land use, as of September 21, l959,
was established by State | 21 | | law as industrial or commercial, or both. | 22 | | With respect to signs owned or leased by the State or a | 23 | | political subdivision, an area zoned for business, commercial, |
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| 1 | | or industrial activities that is adjacent to and within 660 | 2 | | feet of an Interstate highway and that is in Township 41 North, | 3 | | Range 10 East of the Third Principal Meridian, shall be deemed | 4 | | a "business area" for purposes of this Act. This zoning must | 5 | | have been a part of comprehensive zoning and not have been | 6 | | created primarily to permit outdoor advertising structures as | 7 | | described in 23 CFR 750. | 8 | | (b) The changes to this Section made by this amendatory Act | 9 | | of the 95th General Assembly are intended to comply with the | 10 | | federal Highway Beautification Act of 1965, 23 U.S.C. 131, and | 11 | | the regulations promulgated thereunder by the Secretary of the | 12 | | United States Department of Transportation. To the extent that | 13 | | the Secretary of the United States Department of Transportation | 14 | | or any court finds the changes to this Section made by this | 15 | | amendatory Act to be inconsistent with or preempted by such law | 16 | | or regulations, the changes shall be repealed to the extent | 17 | | necessary to cure such inconsistency or preemption. | 18 | | (c) The provisions of this amendatory Act of the 95th | 19 | | General Assembly shall not be applicable if such application | 20 | | would impact the receipt, use, or reimbursement of federal | 21 | | funds by the Illinois Department of Transportation.
| 22 | | (Source: P.A. 95-340, eff. 1-1-08.)
| 23 | | (225 ILCS 440/3.17 new) | 24 | | Sec. 3.17. On-premise sign. "On-premise sign" means any | 25 | | sign advertising a business or activity conducted on the |
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| 1 | | property on which they are located. | 2 | | (225 ILCS 440/3.18 new) | 3 | | Sec. 3.18. Off-premise sign. "Off-premise sign" means any | 4 | | sign advertising a business or activity not being conducted on | 5 | | the same property as the sign. | 6 | | (225 ILCS 440/3.19 new) | 7 | | Sec. 3.19. Real estate sign. "Real estate sign" means any | 8 | | sign advertising solely the sale or lease of the property on | 9 | | which the sign is located. | 10 | | (225 ILCS 440/3.20 new) | 11 | | Sec. 3.20. Municipal network sign. "Municipal network | 12 | | sign" means an official sign or a sign that: | 13 | | (1) is located on property owned or controlled by a | 14 | | local government that has a
population of 2,000,000 or more | 15 | | and that has adopted zoning regulations consistent
with | 16 | | this Act; | 17 | | (2) is controlled under the direction of the local | 18 | | government; | 19 | | (3) complies with zoning regulations consistent with | 20 | | this Act; | 21 | | (4) is placed within a business area as defined in | 22 | | Section 3.12 of this Act; | 23 | | (5) is used to communicate emergency, public, and |
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| 1 | | commercial information; and | 2 | | (6) is consistent with the intent of this Act and with | 3 | | customary use of the local
government as to the sign's | 4 | | installation and operation, including the size, lighting,
| 5 | | and spacing of signs.
| 6 | | (225 ILCS 440/4.02) (from Ch. 121, par. 504.02)
| 7 | | Sec. 4.02. Real estate signs. Real estate signs as defined | 8 | | in Section 3.19 of this Act. However, real estate signs must | 9 | | comply only with the provisions in Section 5 of this Act. Signs | 10 | | advertising the sale or lease of property on which they are
| 11 | | located, which signs, if along Interstate highways outside a | 12 | | "business
area", comply with the following requirements:
| 13 | | (a) There may not be more than one such sign designed to | 14 | | attract traffic
on the Interstate highway proceeding in any one | 15 | | direction;
| 16 | | (b) The sign may not exceed 150 square feet in size;
| 17 | | (c) No such sign may be erected or maintained which | 18 | | attempts or appears
to attempt to direct the movement of | 19 | | traffic or which interferes with,
indicates or resembles any | 20 | | official traffic sign, signal or device;
| 21 | | (d) No such sign may be erected or maintained which | 22 | | prevents the driver
of a vehicle from having a clear and | 23 | | unobstructed view of official signs
and approaching or merging | 24 | | traffic;
| 25 | | (e) No such sign may be erected or maintained which |
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| 1 | | contains, includes,
or is illuminated by any flashing, | 2 | | intermittent or moving light or lights;
| 3 | | (f) No lighting may be used in any way, in connection with | 4 | | any such
sign, unless it is so effectively shielded as to | 5 | | prevent beams or rays of
light from being directed at any | 6 | | portion of the main-traveled way of the
highway, or is of such | 7 | | low intensity or brilliance as not to cause glare or
to impair | 8 | | the vision of the driver of any motor vehicle, or to otherwise
| 9 | | interfere with any driver's operation of a motor vehicle;
| 10 | | (g) No such sign may be erected or maintained which moves | 11 | | or has any
animated or moving parts and no such sign may be | 12 | | erected or maintained upon
trees or painted or drawn upon rocks | 13 | | or other natural features.
| 14 | | (Source: P.A. 77-1815.)
| 15 | | (225 ILCS 440/4.03) (from Ch. 121, par. 504.03)
| 16 | | Sec. 4.03. On-premise signs. On-premise signs as defined in | 17 | | Section 3.17 of this Act. However, on-premise signs must comply | 18 | | only with the provisions in Section 5 of this Act. Signs | 19 | | advertising activities conducted on the property on which they
| 20 | | are located; which, if along Interstate highways outside a | 21 | | "business
area" comply with the following requirements:
| 22 | | (a) There may not be more than one such sign located more | 23 | | than 50
feet from such activity designed to attract traffic on | 24 | | the Interstate
highway proceeding in any one direction;
| 25 | | (b) No such sign visible to traffic on an Interstate |
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| 1 | | highway and
located more than 50 feet from such activity, which | 2 | | displays any trade
name referring to or identifying any service | 3 | | rendered or any product
sold, used or otherwise handled, may be | 4 | | permitted unless the name of the
advertised activity is | 5 | | displayed as conspicuously as such trade name.
This restriction | 6 | | does not apply if the trade name identifies or
characterizes | 7 | | places for lodging, eating, telephone facilities, vehicle
| 8 | | service and repair, or identifies vehicle equipment, parts, | 9 | | accessories,
fuels, oils or lubricants being offered for sale | 10 | | at such places;
| 11 | | (c) No such sign in excess of 20 feet in length, width or | 12 | | height, or
150 square feet in area, including border and trim, | 13 | | but excluding
supports, may be erected or maintained more than | 14 | | 50 feet from the
activities conducted upon the property where | 15 | | the sign is located;
| 16 | | (d) The sign must comply with subparagraphs (c), (d), (f) | 17 | | and
(g) of Section 4.02;
| 18 | | (e) No such sign may be erected or maintained which | 19 | | contains, includes,
or is illuminated by any flashing, | 20 | | intermittent or moving light or lights
except those which may | 21 | | be changed at reasonable intervals by electronic
process or by | 22 | | remote control as long as these do not interfere with the
| 23 | | effectiveness of an official traffic control device.
| 24 | | (Source: P.A. 81-550.)
| 25 | | (225 ILCS 440/4.04) (from Ch. 121, par. 504.04)
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| 1 | | Sec. 4.04. Off-premise signs. Off-premise signs Signs | 2 | | which are erected in business areas after the effective date of
| 3 | | this Act and which comply, when erected, with Sections 5, 6 | 4 | | (subject to
provisions of Section 7) and 8 of this Act.
| 5 | | (Source: P.A. 77-1815.)
| 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 Section | 9 | | 4.01 , and signs along primary highways
described by Sections | 10 | | 4.02 , and 4.03, must be registered with the Department
by the | 11 | | owner of the sign, on forms obtained from the Department. | 12 | | Within
90 days after the effective date of this amendatory Act | 13 | | of 1975, each sign
located beyond 660 feet of the right-of-way | 14 | | located outside of urban areas,
visible from the main-traveled | 15 | | way of the highway and erected with the
purpose of the message | 16 | | being read from such traveled way, must be registered
with the | 17 | | Department by the owner of the sign on forms obtained from the
| 18 | | Department. The Department shall require reasonable | 19 | | information to be
furnished including the name of the owner of | 20 | | the land on which the sign is
located and a statement that the | 21 | | owner has consented to the erection or
maintenance of the sign. | 22 | | Registration must be made of each sign and shall be
accompanied | 23 | | by a registration fee of $5.
| 24 | | No sign, except signs described by Sections Section 4.01 , | 25 | | and signs along primary
highways described by Sections 4.02 , |
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| 1 | | and 4.03, may be erected after the
effective date of this Act | 2 | | without first obtaining a permit from the
Department. The | 3 | | application for permit shall be on a form provided by the
| 4 | | Department and shall contain such information as the Department | 5 | | may reasonably
require. Upon receipt of an application | 6 | | containing all required information
and appropriately executed | 7 | | and upon payment of the fee required under this
Section, the | 8 | | Department then issues a permit to the applicant for the | 9 | | erection
of the sign, provided such sign will not violate any | 10 | | provision of this Act. The
application fee shall be as follows:
| 11 | | (1) for signs of less than 150 square feet, $50;
| 12 | | (2) for signs of at least 150 but less than 300 square | 13 | | feet, $100; and
| 14 | | (3) for signs of 300 or more square feet, $200.
| 15 | | In determining the appropriateness of issuing a permit for | 16 | | a municipal network sign, the Department shall waive any | 17 | | provision or requirement of this Act or administrative rule | 18 | | adopted under the authority of this Act to the extent that the | 19 | | waiver does not contravene the federal Highway Beautification | 20 | | Act of 1965, 23 U.S.C. 131, and the regulations promulgated | 21 | | under that Act by the Secretary of the United States Department | 22 | | of Transportation. Any municipal network sign applications | 23 | | pending on May 1, 2013 that are not affected by compliance with | 24 | | the federal Highway Beautification Act of 1965 shall be issued | 25 | | within 10 days after the effective date of this amendatory Act | 26 | | of the 98th General Assembly. The determination of the balance |
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| 1 | | of pending municipal network sign applications and issuance of | 2 | | approved permits shall be completed within 30 days after the | 3 | | effective date of this amendatory Act of the 98th General | 4 | | Assembly. To the extent that the Secretary of the United States | 5 | | Department of Transportation or any court finds any permit | 6 | | granted pursuant to such a waiver to be inconsistent with or | 7 | | preempted by the federal Highway Beautification Act of 1965, 23 | 8 | | U.S.C. 131, and the regulations promulgated under that Act, | 9 | | that permit shall be void. | 10 | | Upon change of sign ownership the new owner of the sign | 11 | | shall notify
the Department and supply the necessary | 12 | | information to renew the permit for
such sign at no cost within | 13 | | 60 days after the change of ownership. Any
permit not so | 14 | | renewed shall become void.
| 15 | | Owners of registered signs shall be issued an identifying | 16 | | tag, which
must remain be securely affixed to the front face of | 17 | | the sign or sign structure in
a conspicuous position by the | 18 | | owner within 60 days after receipt of the tag;
owners of signs | 19 | | erected by permit shall be issued an identifying tag which
must | 20 | | remain be securely affixed to the front face of the sign or | 21 | | sign structure in
a conspicuous position by the owner upon | 22 | | completion of the sign erection or
within 10 days after receipt | 23 | | of the tag, whichever is the later.
| 24 | | (Source: P.A. 87-1205.)
| 25 | | (225 ILCS 440/15 new) |
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| 1 | | Sec. 15. Applicability. The changes made to this Act by | 2 | | this amendatory Act of the 98th General Assembly shall not be | 3 | | applicable if the application would impact the receipt, use, or | 4 | | reimbursement of federal funds by the Illinois Department of | 5 | | Transportation other than the reimbursement of Bonus Agreement | 6 | | funds. Any permit granted pursuant to an inapplicable provision | 7 | | is void.
| 8 | | (225 ILCS 440/4.07 rep.)
| 9 | | Section 10. The Highway Advertising Control Act of 1971 is | 10 | | amended by repealing Section 4.07.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law. |
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