Full Text of SB0064 103rd General Assembly
SB0064eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Highway Advertising Control Act of 1971 is | 5 | | amended by changing Sections 3.07, 3.08, and 8 and by adding | 6 | | Section 3.21 as follows:
| 7 | | (225 ILCS 440/3.07) (from Ch. 121, par. 503.07)
| 8 | | Sec. 3.07.
"Sign" means any outdoor sign, display, device, | 9 | | notice, figure
painting, drawing, message, placard, poster, | 10 | | billboard, or other thing, which
is designed designated , | 11 | | intended, or used to advertise or inform, and of which any
part | 12 | | of the existing or intended advertising or informative | 13 | | contents is or
will be visible from any place on the | 14 | | main-traveled way of a controlled any portion of
an Interstate | 15 | | or primary highway , and which is within 660 feet of the nearest
| 16 | | edge of the right-of-way of such highway , and which is | 17 | | operated or owned by a person or entity earning remuneration | 18 | | directly or indirectly for the existence or placement of the | 19 | | outdoor sign or for the placement of the message on the outdoor | 20 | | sign .
| 21 | | "Sign" also means any sign described in paragraph one of | 22 | | this Section
which is more than 660 feet from the nearest edge | 23 | | of such highway, outside
of an urban area, visible from any |
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| 1 | | place on the main-traveled way of any
portion of such highway | 2 | | and erected with the purpose of its message being
read from | 3 | | such main-traveled way.
| 4 | | (Source: P.A. 79-1009.)
| 5 | | (225 ILCS 440/3.08) (from Ch. 121, par. 503.08)
| 6 | | Sec. 3.08.
"Erect" means to construct, build, raise, | 7 | | assemble, place, affix,
attach, create, paint, draw or in any | 8 | | other way bring into being or
establish; but does not include | 9 | | any of the foregoing activities when
performed as an incident | 10 | | to the change of advertising message or normal
maintenance or | 11 | | repair of a sign or sign structure. For the purposes of this | 12 | | definition, the following shall not constitute normal | 13 | | maintenance or repair of a sign or sign structure: replacing | 14 | | more than 60% of the uprights, in whole or in part, of a wooden | 15 | | sign structure; replacing more than 30% of the length above | 16 | | ground of each broken, bent, or twisted support of a metal sign | 17 | | structure; raising the height above ground of a sign or sign | 18 | | structure; making a sign bigger; adding lighting; or similar | 19 | | activities that substantially change a sign or make a sign | 20 | | more valuable. "Erect" does not include the attachment of a | 21 | | vinyl substrate to a sign that was permitted or registered to | 22 | | display, in another medium, advertising or other information | 23 | | and that does not cause a substantial change or modification | 24 | | that would terminate nonconforming rights. | 25 | | The Department shall accord lawful status to a previously |
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| 1 | | permitted or registered sign that was a painted display on a | 2 | | wall or wall surface (but not a separate wall structure) of a | 3 | | building and that lost its lawful status because a court of | 4 | | competent jurisdiction through a final and non-appealable | 5 | | order determined that the attachment of a vinyl substrate to | 6 | | the wall or wall surface constituted the erection of a new sign | 7 | | and not normal maintenance under this Section. The Department | 8 | | shall also allow for the continued usage of that sign by the | 9 | | owner of the building or its authorized agent without | 10 | | requiring a new permit or registration.
| 11 | | (Source: P.A. 96-919, eff. 6-9-10.)
| 12 | | (225 ILCS 440/3.21 new) | 13 | | Sec. 3.21. Remuneration. "Remuneration" means the exchange | 14 | | of anything of value, including money, securities, real | 15 | | property interests, personal property interests, goods or | 16 | | services, promises of future development, or forbearances of | 17 | | debt.
| 18 | | (225 ILCS 440/8) (from Ch. 121, par. 508)
| 19 | | Sec. 8.
Within 90 days after the effective date of this | 20 | | Act, each
sign , except signs described by Sections 4.01, 4.02, | 21 | | and 4.03, must be registered with the Department
by the owner | 22 | | of the sign, on forms obtained from the Department. Within
90 | 23 | | days after the effective date of this amendatory Act of 1975, | 24 | | each sign
located beyond 660 feet of the right-of-way located |
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| 1 | | outside of urban areas,
visible from the main-traveled way of | 2 | | the highway and erected with the
purpose of the message being | 3 | | read from such traveled way, must be registered
with the | 4 | | Department by the owner of the sign on forms obtained from the
| 5 | | Department. The Department shall require reasonable | 6 | | information to be
furnished including the name of the owner of | 7 | | the land on which the sign is
located and a statement that the | 8 | | owner has consented to the erection or
maintenance of the | 9 | | sign. Registration must be made of each sign and shall be
| 10 | | accompanied by a registration fee of $5.
| 11 | | No sign , except signs described by Sections 4.01, 4.02, | 12 | | and 4.03, may be erected after the
effective date of this Act | 13 | | without first obtaining a permit from the
Department. The | 14 | | application for permit shall be on a form provided by the
| 15 | | Department and shall contain such information as the | 16 | | Department may reasonably
require. Upon receipt of an | 17 | | application containing all required information
and | 18 | | appropriately executed and upon payment of the fee required | 19 | | under this
Section, the Department then issues a permit to the | 20 | | applicant for the erection
of the sign, provided such sign | 21 | | will not violate any provision of this Act. The
application | 22 | | fee shall be as 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 | | In determining the appropriateness of issuing a permit for | 2 | | a municipal network sign, the Department shall waive any | 3 | | provision or requirement of this Act or administrative rule | 4 | | adopted under the authority of this Act to the extent that the | 5 | | waiver does not contravene the federal Highway Beautification | 6 | | Act of 1965, 23 U.S.C. 131, and the regulations promulgated | 7 | | under that Act by the Secretary of the United States | 8 | | Department of Transportation. Any municipal network sign | 9 | | applications pending on May 1, 2013 that are not affected by | 10 | | compliance with the federal Highway Beautification Act of 1965 | 11 | | shall be issued within 10 days after the effective date of this | 12 | | amendatory Act of the 98th General Assembly. The determination | 13 | | of the balance of pending municipal network sign applications | 14 | | and issuance of approved permits shall be completed within 30 | 15 | | days after the effective date of this amendatory Act of the | 16 | | 98th General Assembly. To the extent that the Secretary of the | 17 | | United States Department of Transportation or any court finds | 18 | | any permit granted pursuant to such a waiver to be | 19 | | inconsistent with or preempted by the federal Highway | 20 | | Beautification Act of 1965, 23 U.S.C. 131, and the regulations | 21 | | promulgated under that Act, that permit shall be void. | 22 | | Upon change of sign ownership the new owner of the sign | 23 | | shall notify
the Department and supply the necessary | 24 | | information to renew the permit for
such sign at no cost within | 25 | | 60 days after the change of ownership. Any
permit not so | 26 | | renewed shall become void.
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| 1 | | Owners of registered signs shall be issued an identifying | 2 | | tag, which
must remain securely affixed to the front face of | 3 | | the sign or sign structure in
a conspicuous position by the | 4 | | owner within 60 days after receipt of the tag;
owners of signs | 5 | | erected by permit shall be issued an identifying tag which
| 6 | | must remain securely affixed to the front face of the sign or | 7 | | sign structure in
a conspicuous position by the owner upon | 8 | | completion of the sign erection or
within 10 days after | 9 | | receipt of the tag, whichever is the later.
| 10 | | (Source: P.A. 98-56, eff. 7-5-13.)
| 11 | | (225 ILCS 440/3.17 rep.) | 12 | | (225 ILCS 440/3.18 rep.) | 13 | | (225 ILCS 440/3.19 rep.)
| 14 | | (225 ILCS 440/4.01 rep.)
| 15 | | (225 ILCS 440/4.02 rep.)
| 16 | | (225 ILCS 440/4.03 rep.)
| 17 | | (225 ILCS 440/4.04 rep.)
| 18 | | (225 ILCS 440/4.06 rep.)
| 19 | | (225 ILCS 440/6.04 rep.) | 20 | | Section 10. The Highway Advertising Control Act of 1971 is | 21 | | amended by repealing Sections 3.17, 3.18, 3.19, 4.01, 4.02, | 22 | | 4.03, 4.04, 4.06, and 6.04.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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