SB0064sam001 103RD GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 3/28/2023

10300SB0064sam001 LRB103 06008 SPS 60064 a

AMENDMENT TO SENATE BILL 64

AMENDMENT NO. ______. Amend Senate Bill 64 by replacing everything after the enacting clause with the following:

"Section 5. The Highway Advertising Control Act of 1971 is amended by changing Sections 3.07, 3.08, and 8 and by adding Section 3.21 as follows:

(225 ILCS 440/3.07) (from Ch. 121, par. 503.07)

Sec. 3.07. "Sign" means any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is designed designated, intended, or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main-traveled way of a controlled any portion of an Interstate or primary highway, and which is within 660 feet of the nearest edge of the right-of-way of such highway, and which is operated or owned by a person or entity earning remuneration directly or indirectly for the existence or placement of the outdoor sign or for the placement of the message on the outdoor sign.

"Sign" also means any sign described in paragraph one of this Section which is more than 660 feet from the nearest edge of such highway, outside of an urban area, visible from any place on the main-traveled way of any portion of such highway and erected with the purpose of its message being read from such main-traveled way.

(Source: P.A. 79-1009.)

(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. "Erect" does not include the attachment of a vinyl substrate to a sign that was permitted or registered to display, in another medium, advertising or other information and that does not cause a substantial change or modification that would terminate nonconforming rights.

The Department shall accord lawful status to the registered sign (registered sign number 1-03520) at issue in the decision of the Illinois Appellate Court captioned as Image Media Advertising, Inc., v. Illinois Department of Transportation, No. 1-20-0830, which was issued on December 21, 2021 and bears the legal citation of 2021 IL App (1st) 200830-U. The Department shall also allow for the continued usage of that sign by the owner of the building or its authorized agent without requiring a new permit or registration.

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

(225 ILCS 440/3.21 new)

Sec. 3.21. Remuneration. "Remuneration" means the exchange of anything of value, including money, securities, real property interests, personal property interests, goods or services, promises of future development, or forbearances of debt.

(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 then issues a permit to the applicant for the erection of the sign, provided such sign will not violate any provision of this Act. 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.)

(225 ILCS 440/3.17 rep.)

(225 ILCS 440/3.18 rep.)

(225 ILCS 440/3.19 rep.)

(225 ILCS 440/4.01 rep.)

(225 ILCS 440/4.02 rep.)

(225 ILCS 440/4.03 rep.)

(225 ILCS 440/4.04 rep.)

(225 ILCS 440/4.06 rep.)

(225 ILCS 440/6.04 rep.)

Section 10. The Highway Advertising Control Act of 1971 is amended by repealing Sections 3.17, 3.18, 3.19, 4.01, 4.02, 4.03, 4.04, 4.06, and 6.04.

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