HB3987ham001 98TH GENERAL ASSEMBLY

Rep. John D'Amico

Filed: 5/6/2014

09800HB3987ham001 LRB098 15546 ZMM 59008 a

AMENDMENT TO HOUSE BILL 3987

AMENDMENT NO. ______. Amend House Bill 3987 by replacing everything after the enacting clause with the following:

"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, within the subsequent 14 days, send to the applicant a notice indicating that the application was received and whether the application contains all required information, as defined by rule. Within 30 days after the receipt of the notice from the Department, the applicant may correct any deficiencies stated in the notice. Upon the expiration of the 30-day period allowed to the applicant to correct deficiencies in the notice, the Department shall then have 30 days to make a determination that either the Department approves the application and shall issue a permit to the applicant for the erection of the sign, provided such sign will not violate any provision of this Act, or, if a permit cannot be approved, then the Department shall issue to the applicant a notice of intent to deny that includes a detailed explanation of the deficiencies in the application. Within 30 days after the receipt of the notice of intent to deny from the Department, the applicant may correct any deficiencies stated in the notice of intent to deny. Upon the expiration of the 30-day period allowed to the applicant to correct the deficiencies in the notice of intent to deny, the Department shall then have 30 days to make a determination that either the Department approves the application and shall issue then issues a permit to the applicant for the erection of the sign, provided such sign will not violate any provision of this Act, or, if a permit cannot be approved, the Department shall then issue a final notice of determination to the applicant denying the application. 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 to renew the permit for such sign at no cost within 60 days after the change 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.

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