SB0063 103RD GENERAL ASSEMBLY

LRB103 06005 AMQ 51029 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0063

Introduced 1/20/2023, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

225 ILCS 440/8

from Ch. 121, par. 508

Amends the Highway Advertising Control Act of 1971. Provides for updated procedures for the Department of Transportation to follow regarding signs permitted by the Act. Provides that upon change of sign ownership, the new owner of the sign shall notify the Department and supply the necessary information on a form provided by the Department to transfer the permit for such sign at no cost within 120 days (rather than 60 days) after the change of ownership. Provides that the Department shall acknowledge to the new sign owner the receipt of such request within 14 calendar days. Provides that when a sign owner intends to convert a legal conforming sign from a static sign face to a digital sign face, a new permit shall not be required. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Highway Advertising Control Act of 1971 is amended by changing Section 8 as follows:

(225 ILCS 440/8) (from Ch. 121, par. 508)

Sec. 8. Within 90 days after the effective date of this Act, each sign, except signs described by Sections 4.01, 4.02, and 4.03, must be registered with the Department by the owner of the sign, on forms obtained from the Department. Within 90 days after the effective date of this amendatory Act of 1975, each sign located beyond 660 feet of the right-of-way located outside of urban areas, visible from the main-traveled way of the highway and erected with the purpose of the message being read from such traveled way, must be registered with the Department by the owner of the sign on forms obtained from the Department. The Department shall require reasonable information to be furnished including the name of the owner of the land on which the sign is located and a statement that the owner has consented to the erection or maintenance of the sign. Registration must be made of each sign and shall be accompanied by a registration fee of $5.

No sign, except signs described by Sections 4.01, 4.02, and 4.03, may be erected after the effective date of this Act without first obtaining a permit from the Department. The application for permit shall be on a form provided by the Department and shall contain such information as the Department may reasonably require. Upon receipt of an application containing all required information and appropriately executed and upon payment of the fee required under this Section, the Department shall have up to 30 days to complete its review and approve the permit application or notify the applicant of any and all deficiencies necessary for the Department's approval. The applicant shall have 45 days to correct the noted deficiencies, and the Department shall have 30 days from receipt of corrected deficiencies to make a final determination. If the application for permit has been denied, written notice of the decision shall state in detail why the application was denied. If the Department fails to respond within the 30-day approval period, the pending permit shall automatically be approved then issues a permit to the applicant for the erection of the sign, provided such sign will not violate any provision of this Act. The application fee shall be as follows:

(1) for signs of less than 150 square feet, $50;

(2) for signs of at least 150 but less than 300 square feet, $100; and

(3) for signs of 300 or more square feet, $200.

In determining the appropriateness of issuing a permit for a municipal network sign, the Department shall waive any provision or requirement of this Act or administrative rule adopted under the authority of this Act to the extent that the waiver does not contravene the federal Highway Beautification Act of 1965, 23 U.S.C. 131, and the regulations promulgated under that Act by the Secretary of the United States Department of Transportation. Any municipal network sign applications pending on May 1, 2013 that are not affected by compliance with the federal Highway Beautification Act of 1965 shall be issued within 10 days after the effective date of this amendatory Act of the 98th General Assembly. The determination of the balance of pending municipal network sign applications and issuance of approved permits shall be completed within 30 days after the effective date of this amendatory Act of the 98th General Assembly. To the extent that the Secretary of the United States Department of Transportation or any court finds any permit granted pursuant to such a waiver to be inconsistent with or preempted by the federal Highway Beautification Act of 1965, 23 U.S.C. 131, and the regulations promulgated under that Act, that permit shall be void.

Upon change of sign ownership the new owner of the sign shall notify the Department and supply the necessary information on a form provided by the Department to transfer to renew the permit for such sign at no cost within 120 60 days after the change of ownership. The Department shall acknowledge to the new sign owner, in writing or by electronic communication, the receipt of such request within 14 calendar days. Failure of the new sign owner to submit a request to transfer the name of sign ownership on a sign permit within 120 calendar days may subject the permit to revocation. The Department shall issue a notice to the sign owner of failure to notify. This notice shall be titled as the "Notice of Intent to Revoke Permit" and shall inform the sign owner that the sign owner has 30 calendar days from receipt of the Notice to contest or provide the documentation required for the transfer of ownership. Any permit not so renewed shall become void.

Owners of registered signs shall be issued an identifying tag, which must remain securely affixed to the front face of the sign or sign structure in a conspicuous position by the owner within 60 days after receipt of the tag; owners of signs erected by permit shall be issued an identifying tag which must remain securely affixed to the front face of the sign or sign structure in a conspicuous position by the owner upon completion of the sign erection or within 10 days after receipt of the tag, whichever is the later.

When a sign owner intends to convert a legal conforming sign from a static sign face to a digital sign face, a new permit shall not be required. The Department may require notification of the conversion of the sign on a Department provided form to update its records.

(Source: P.A. 98-56, eff. 7-5-13.)

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