HB5728 102ND GENERAL ASSEMBLY

LRB102 26834 AMQ 37856 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5728

Introduced 3/23/2022, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

225 ILCS 440/3.08

from Ch. 121, par. 503.08

Amends the Highway Advertising Control Act of 1971. Provides that for the purposes of the definition of "erect", attaching a vinyl substrate medium to a sign structure or wall surface, which may contain advertising or other information, shall constitute normal maintenance or repair of a sign or sign structure. Provides that the Department of Transportation shall accord lawful status to any sign structure or wall surface that attaches a vinyl substrate medium to a sign structure or wall surface and allow for its continued usage. Provides that the changes made by the amendatory Act apply to any signs or sign structures existing prior to, on, or after the effective date of the amendatory Act. 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 3.08 as follows:

(225 ILCS 440/3.08) (from Ch. 121, par. 503.08)

Sec. 3.08. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure. For the purposes of this definition, the following shall not constitute normal maintenance or repair of a sign or sign structure: replacing more than 60% of the uprights, in whole or in part, of a wooden sign structure; replacing more than 30% of the length above ground of each broken, bent, or twisted support of a metal sign structure; raising the height above ground of a sign or sign structure; making a sign bigger; adding lighting; or similar activities that substantially change a sign or make a sign more valuable. For purposes of this definition, attaching a vinyl substrate medium to a sign structure or wall surface, which may contain advertising or other information, shall constitute normal maintenance or repair of a sign or sign structure. The Department shall accord lawful status to any sign structure or wall surface that attaches a vinyl substrate medium to a sign structure or wall surface and allow for its continued usage.

The changes made to this Section by this amendatory Act of the 102nd General Assembly apply to any signs or sign structures in operation prior to, on, or after the effective date of this amendatory Act of the 102nd General Assembly.

(Source: P.A. 96-919, eff. 6-9-10.)

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