99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3911

 

Introduced , by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Sexually Oriented Business Advertising Act. Requires any billboard within this State, otherwise allowed by law or ordinance, which is visible from a freeway, Interstate highway, main-traveled way, primary highway, or secondary highway, that advertises a sexually oriented business shall display only words or numbers on the billboard and may display the registered trademark of the business. The words or numbers on the billboard shall not describe or relate to a specified sexual activity or specified anatomical area. A person who violates this Section shall be subject to a civil fine of not less than $5,000 or more than $10,000 for each day of violation. Defines terms.


LRB099 10514 MRW 30741 b

 

 

A BILL FOR

 

HB3911LRB099 10514 MRW 30741 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act shall be known and may be
5cited as the Sexually Oriented Business Advertising Act.
 
6    Section 5. Definitions.
7    As used in this Section:
8    "Billboard" means a sign separate from a premises erected
9for the purpose of advertising a product, event, person, or
10subject not related to the premises on which the sign is
11located. Off-premises directional signs as permitted in this
12Act shall not be considered billboards for the purpose of this
13Section.
14    "Freeway" means a divided highway of not less than 2 lanes
15in each direction to which owners or occupants of abutting
16property or the public do not have a right of ingress or egress
17to, from, or across the highway, except at points determined by
18or as otherwise provided by the authorities responsible for the
19highway.
20    "Interstate highway" means any highway designated by the
21Department of Transportation and approved by the United States
22Department of Transportation as a part of the National System
23of Interstate and Defense Highways.

 

 

HB3911- 2 -LRB099 10514 MRW 30741 b

1    "Main-traveled way" means the traveled way of a highway on
2which through traffic is carried. In the case of a divided
3highway, the traveled way of each of the separated roadways for
4traffic in opposite directions is a main-traveled way. It does
5not include facilities such as frontage roads, turning
6roadways, or parking areas.
7    "Primary highway" means any highway, other than an
8Interstate highway, designated by the Department of
9Transportation and approved by the United States Department of
10Transportation as a part of the Federal-Aid Primary System in
11existence on June 1, 1991 or any highway other than an
12Interstate highway that is not on such system that is on the
13National Highway System.
14    "Secondary highway" means a State secondary road or county
15primary road.
16    "Sexually oriented business" includes, but is not limited
17to, an adult bookstore, adult video store, adult cabaret, adult
18motion picture theater, sexual device store, sexual encounter
19center, or an establishment that regularly feature live
20performances characterized by the exposure of a specific
21anatomical area or by specific sexual activity or in which
22persons appear in a state of nudity or seminudity in the
23performance of their duties. A "sexually oriented business"
24does not include a business solely because it shows, sells, or
25rents materials that may depict sex.
26    "Specified anatomical area" means less than completely and

 

 

HB3911- 3 -LRB099 10514 MRW 30741 b

1opaquely covered human genitals, pubic region, buttocks, or
2female breasts below a point immediately above the top of the
3areola; or human male genitals in a discernibly turgid state,
4even if covered.
5    "Specified sexually activity" means the fondling or other
6erotic touching of covered or uncovered human genitals, pubic
7region, buttocks, or female breasts.
8    "Seminudity" means a state of dress in which opaque
9clothing fails to cover genitals, anus, anal cleft or cleavage,
10pubic area, vulva, or nipple and areola of the female breast.
11    "Visible" means capable of being seen (whether or not
12legible) without visual aid by persons of normal visual acuity.
 
13    Section 10. Sexually oriented business advertising.
14    Any billboard within this State, otherwise allowed by law or
15ordinance, which is visible from a freeway, Interstate highway,
16main-traveled way, primary highway, or secondary highway, that
17advertises a sexually oriented business shall display only
18words or numbers on the billboard and may display the
19registered trademark of the business. The words or numbers on
20the billboard shall not describe or relate to a specified
21sexual activity or specified anatomical area.
 
22    Section 15. Penalty. A person who violates this Section
23shall be subject to a civil fine of not less than $5,000 or
24more than $10,000 for each day of violation.