Full Text of SB0063 103rd General Assembly
SB0063enr 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 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 | 8 | | notified of a new controlled route subject to this Act being | 9 | | added after the effective date of this Act , each
sign, except | 10 | | signs described by Sections 4.01, 4.02, and 4.03, must be | 11 | | registered with the Department
by the owner of the sign, on | 12 | | forms obtained from the Department. Within
90 days after the | 13 | | effective date of this amendatory Act of 1975, each sign
| 14 | | located beyond 660 feet of the right-of-way located outside of | 15 | | urban areas,
visible from the main-traveled way of the highway | 16 | | and erected with the
purpose of the message being read from | 17 | | such traveled way, must be registered
with the Department by | 18 | | the owner of the sign on forms obtained from the
Department. | 19 | | The Department shall require reasonable information to be
| 20 | | furnished including the name of the owner of the land on which | 21 | | the sign is
located and a statement that the owner has | 22 | | consented to the erection or
maintenance of the sign. | 23 | | Registration must be made of each sign and shall be
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| 1 | | accompanied by a registration fee of $5.
| 2 | | No sign, except signs described by Sections 4.01, 4.02, | 3 | | and 4.03, may be erected after the
effective date of this Act | 4 | | without first obtaining a permit from the
Department. The | 5 | | application for permit shall be on a form provided by the
| 6 | | Department and shall contain such information as the | 7 | | Department may reasonably
require. Upon receipt of an | 8 | | application containing all required information
and | 9 | | appropriately executed and upon payment of the fee required | 10 | | under this
Section, the Department then issues a permit to the | 11 | | applicant for the erection
of the sign, provided such sign | 12 | | will not violate any provision of this Act. The Department | 13 | | shall have up to 45 days to complete its review and approve the | 14 | | permit application or notify the applicant of any and all | 15 | | deficiencies necessary for the Department's approval. The | 16 | | applicant shall then have 45 days to correct the noted | 17 | | deficiencies, and the Department shall have 30 days from | 18 | | receipt of the notice of corrected deficiencies to make a | 19 | | final determination. If the application for permit has been | 20 | | denied, written notice of the decision shall state in detail | 21 | | why the application was denied. The
application fee shall be | 22 | | 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 | | If a permit application is for a sign within an area | 2 | | subject to the Airport Zoning Act, the Department shall notify | 3 | | the applicant in writing that the review process will exceed | 4 | | the timelines set forth in the Section. Notwithstanding, the | 5 | | Department shall complete its own review of the permit | 6 | | application pending approval under the Airport Zoning Act. | 7 | | In determining the appropriateness of issuing a permit for | 8 | | a municipal network sign, the Department shall waive any | 9 | | provision or requirement of this Act or administrative rule | 10 | | adopted under the authority of this Act to the extent that the | 11 | | waiver does not contravene the federal Highway Beautification | 12 | | Act of 1965, 23 U.S.C. 131, and the regulations promulgated | 13 | | under that Act by the Secretary of the United States | 14 | | Department of Transportation. Any municipal network sign | 15 | | applications pending on May 1, 2013 that are not affected by | 16 | | compliance with the federal Highway Beautification Act of 1965 | 17 | | shall be issued within 10 days after the effective date of this | 18 | | amendatory Act of the 98th General Assembly. The determination | 19 | | of the balance of pending municipal network sign applications | 20 | | and issuance of approved permits shall be completed within 30 | 21 | | days after the effective date of this amendatory Act of the | 22 | | 98th General Assembly. To the extent that the Secretary of the | 23 | | United States Department of Transportation or any court finds | 24 | | any permit granted pursuant to such a waiver to be | 25 | | inconsistent with or preempted by the federal Highway | 26 | | Beautification Act of 1965, 23 U.S.C. 131, and the regulations |
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| 1 | | promulgated under that Act, that permit shall be void. | 2 | | Upon change of ownership of a sign ownership permit or | 3 | | sign registration, the new owner of the sign permit or sign | 4 | | registration shall notify
the Department to confirm the change | 5 | | of ownership and supply the necessary information in writing | 6 | | or on a form provided by the Department to transfer to renew | 7 | | the permit or registration for
such sign at no cost within 120 | 8 | | 60 days after the change of ownership. The Department shall | 9 | | acknowledge to the new sign owner, in writing or by electronic | 10 | | communication, the receipt of such request within 14 calendar | 11 | | days after receiving the necessary information and shall | 12 | | record the transferee as the new owner. Failure of the new sign | 13 | | owner to submit the necessary information to transfer the name | 14 | | of sign ownership on a sign permit within 120 calendar days may | 15 | | subject the permit to revocation. The Department shall issue a | 16 | | notice to the sign owner of failure to notify and inform the | 17 | | transferee of ownership that the transferee has 30 calendar | 18 | | days from receipt of notice to provide the necessary | 19 | | information required for the transfer of ownership. Any
permit | 20 | | not so renewed shall become void.
| 21 | | Owners of registered signs shall be issued an identifying | 22 | | tag, which
must remain securely affixed to the front face of | 23 | | the sign or sign structure in
a conspicuous position by the | 24 | | owner within 60 days after receipt of the tag;
owners of signs | 25 | | erected by permit shall be issued an identifying tag which
| 26 | | must remain securely affixed to the front face of the sign or |
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| 1 | | sign structure in
a conspicuous position by the owner upon | 2 | | completion of the sign erection or
within 10 days after | 3 | | receipt of the tag, whichever is the later.
| 4 | | When a sign owner intends to upgrade an existing legal | 5 | | permitted sign to a multiple message sign with a digital | 6 | | display, the Department shall not require a new sign permit. A | 7 | | permit addendum application requesting authorization for the | 8 | | upgrade shall be made on a form provided by the Department and | 9 | | shall be accompanied by a $200 fee, which shall not be subject | 10 | | to return upon rejection of the permit addendum application. | 11 | | As part of the permit addendum application, the Department | 12 | | shall not require a new land survey or other documentation | 13 | | that has previously been submitted and approved and is on file | 14 | | for the existing permit of the legal permitted sign. Upon | 15 | | receipt of the permit addendum application, the Department | 16 | | shall have up to 30 days to complete its initial review and | 17 | | either approve the addendum to the existing permit or notify | 18 | | the applicant of any and all deficiencies necessary for the | 19 | | Department's approval. The applicant shall have 30 days to | 20 | | correct the noted deficiencies, upon which the Department | 21 | | shall have 30 days after receipt of the notice of corrected | 22 | | deficiencies to make a final determination. If the permit | 23 | | application addendum is denied, written notice of the decision | 24 | | shall state in detail why the application was denied. For | 25 | | purposes of this Section, legal nonconforming sign structures | 26 | | are not eligible for this upgrade. |
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| 1 | | A person aggrieved by any action of the Department in | 2 | | denying an application or revoking a permit or registration | 3 | | under this Act may, within 30 days after receipt of the notice | 4 | | of denial or revocation, apply to the Department for an | 5 | | administrative hearing pursuant to the Administrative Review | 6 | | Law. | 7 | | (Source: P.A. 98-56, eff. 7-5-13.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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