Illinois General Assembly - Full Text of SB0063
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Full Text of SB0063  103rd General Assembly




SB0063 EnrolledLRB103 06005 AMQ 51029 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 5. The Highway Advertising Control Act of 1971 is
5amended by changing Section 8 as follows:
6    (225 ILCS 440/8)  (from Ch. 121, par. 508)
7    Sec. 8. Within 90 days of July 1, 1972, or the owner being
8notified of a new controlled route subject to this Act being
9added after the effective date of this Act, each sign, except
10signs described by Sections 4.01, 4.02, and 4.03, must be
11registered with the Department by the owner of the sign, on
12forms obtained from the Department. Within 90 days after the
13effective date of this amendatory Act of 1975, each sign
14located beyond 660 feet of the right-of-way located outside of
15urban areas, visible from the main-traveled way of the highway
16and erected with the purpose of the message being read from
17such traveled way, must be registered with the Department by
18the owner of the sign on forms obtained from the Department.
19The Department shall require reasonable information to be
20furnished including the name of the owner of the land on which
21the sign is located and a statement that the owner has
22consented to the erection or maintenance of the sign.
23Registration must be made of each sign and shall be



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1accompanied by a registration fee of $5.
2    No sign, except signs described by Sections 4.01, 4.02,
3and 4.03, may be erected after the effective date of this Act
4without first obtaining a permit from the Department. The
5application for permit shall be on a form provided by the
6Department and shall contain such information as the
7Department may reasonably require. Upon receipt of an
8application containing all required information and
9appropriately executed and upon payment of the fee required
10under this Section, the Department then issues a permit to the
11applicant for the erection of the sign, provided such sign
12will not violate any provision of this Act. The Department
13shall have up to 45 days to complete its review and approve the
14permit application or notify the applicant of any and all
15deficiencies necessary for the Department's approval. The
16applicant shall then have 45 days to correct the noted
17deficiencies, and the Department shall have 30 days from
18receipt of the notice of corrected deficiencies to make a
19final determination. If the application for permit has been
20denied, written notice of the decision shall state in detail
21why the application was denied. The application fee shall be
22as follows:
23        (1) for signs of less than 150 square feet, $50;
24        (2) for signs of at least 150 but less than 300 square
25    feet, $100; and
26        (3) for signs of 300 or more square feet, $200.



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1    If a permit application is for a sign within an area
2subject to the Airport Zoning Act, the Department shall notify
3the applicant in writing that the review process will exceed
4the timelines set forth in the Section. Notwithstanding, the
5Department shall complete its own review of the permit
6application pending approval under the Airport Zoning Act.
7    In determining the appropriateness of issuing a permit for
8a municipal network sign, the Department shall waive any
9provision or requirement of this Act or administrative rule
10adopted under the authority of this Act to the extent that the
11waiver does not contravene the federal Highway Beautification
12Act of 1965, 23 U.S.C. 131, and the regulations promulgated
13under that Act by the Secretary of the United States
14Department of Transportation. Any municipal network sign
15applications pending on May 1, 2013 that are not affected by
16compliance with the federal Highway Beautification Act of 1965
17shall be issued within 10 days after the effective date of this
18amendatory Act of the 98th General Assembly. The determination
19of the balance of pending municipal network sign applications
20and issuance of approved permits shall be completed within 30
21days after the effective date of this amendatory Act of the
2298th General Assembly. To the extent that the Secretary of the
23United States Department of Transportation or any court finds
24any permit granted pursuant to such a waiver to be
25inconsistent with or preempted by the federal Highway
26Beautification Act of 1965, 23 U.S.C. 131, and the regulations



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1promulgated under that Act, that permit shall be void.
2    Upon change of ownership of a sign ownership permit or
3sign registration, the new owner of the sign permit or sign
4registration shall notify the Department to confirm the change
5of ownership and supply the necessary information in writing
6or on a form provided by the Department to transfer to renew
7the permit or registration for such sign at no cost within 120
860 days after the change of ownership. The Department shall
9acknowledge to the new sign owner, in writing or by electronic
10communication, the receipt of such request within 14 calendar
11days after receiving the necessary information and shall
12record the transferee as the new owner. Failure of the new sign
13owner to submit the necessary information to transfer the name
14of sign ownership on a sign permit within 120 calendar days may
15subject the permit to revocation. The Department shall issue a
16notice to the sign owner of failure to notify and inform the
17transferee of ownership that the transferee has 30 calendar
18days from receipt of notice to provide the necessary
19information required for the transfer of ownership. Any permit
20not so renewed shall become void.
21    Owners of registered signs shall be issued an identifying
22tag, which must remain securely affixed to the front face of
23the sign or sign structure in a conspicuous position by the
24owner within 60 days after receipt of the tag; owners of signs
25erected by permit shall be issued an identifying tag which
26must remain securely affixed to the front face of the sign or



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1sign structure in a conspicuous position by the owner upon
2completion of the sign erection or within 10 days after
3receipt of the tag, whichever is the later.
4    When a sign owner intends to upgrade an existing legal
5permitted sign to a multiple message sign with a digital
6display, the Department shall not require a new sign permit. A
7permit addendum application requesting authorization for the
8upgrade shall be made on a form provided by the Department and
9shall be accompanied by a $200 fee, which shall not be subject
10to return upon rejection of the permit addendum application.
11As part of the permit addendum application, the Department
12shall not require a new land survey or other documentation
13that has previously been submitted and approved and is on file
14for the existing permit of the legal permitted sign. Upon
15receipt of the permit addendum application, the Department
16shall have up to 30 days to complete its initial review and
17either approve the addendum to the existing permit or notify
18the applicant of any and all deficiencies necessary for the
19Department's approval. The applicant shall have 30 days to
20correct the noted deficiencies, upon which the Department
21shall have 30 days after receipt of the notice of corrected
22deficiencies to make a final determination. If the permit
23application addendum is denied, written notice of the decision
24shall state in detail why the application was denied. For
25purposes of this Section, legal nonconforming sign structures
26are not eligible for this upgrade.



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1    A person aggrieved by any action of the Department in
2denying an application or revoking a permit or registration
3under this Act may, within 30 days after receipt of the notice
4of denial or revocation, apply to the Department for an
5administrative hearing pursuant to the Administrative Review
7(Source: P.A. 98-56, eff. 7-5-13.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.