HB3838 101ST GENERAL ASSEMBLY

LRB101 12419 LNS 60509 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3838

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

New Act

Creates the Homeowner's Property Signage Act. Provides that a homeowner may erect signage on the homeowner's property if the sign is erected for the purpose of informing the public of good faith concerns about public health or environmental issues on or near the property on which the sign is erected. Provides that there is a presumption that erecting such a sign is not defamatory or otherwise wrongful conduct. Provides that a plaintiff shall overcome the presumption by clear and convincing evidence. Provides that a defendant who prevails in a civil action may recover all legal fees and costs related to the defense of the action. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Homeowner's Property Signage Act.

Section 5. Signage on homeowner's property.

(a) Subject to local zoning ordinances, a homeowner, or any individual at the direction of a homeowner, may erect signage on the homeowner's property if the sign is erected for the purpose of informing the public of good faith concerns about public health or environmental issues on or near the property on which the sign is erected.

(b) There is a presumption that erecting any sign pursuant to this Section is not defamatory or otherwise wrongful conduct.

Section 10. Civil action.

(a) To prevail in a civil action, a plaintiff shall overcome the presumption in subsection (b) of Section 5 by clear and convincing evidence.

(b) A defendant who prevails in civil action under Section 5 may recover all legal fees and costs related to the defense of the action.

Section 99. Effective date. This Act takes effect upon becoming law.