Rep. Sue Scherer

Filed: 4/17/2013

 

 


 

 


 
09800HB2764ham003LRB098 10755 CEL 44788 a

1
AMENDMENT TO HOUSE BILL 2764

2    AMENDMENT NO. ______. Amend House Bill 2764, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Highway Advertising Control Act of 1971 is
6amended by changing Sections 3.12, 4.02, 4.03, 4.04, 5, and 8
7and by adding Sections 3.17, 3.18, and 3.19 as follows:
 
8    (225 ILCS 440/3.12)  (from Ch. 121, par. 503.12)
9    Sec. 3.12. Business area. (a) "Business area" means any
10part of an area adjacent to and within 660 feet of the
11right-of-way which is at any time zoned for business,
12commercial or industrial activities under the authority of any
13law of this State; or not so zoned, but which constitutes an
14unzoned commercial or industrial area as defined in Section
153.11. However, as to signs along Interstate highways, the term
16"business area" includes only areas which are within

 

 

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1incorporated limits of any city, village, or incorporated town,
2as such limits existed on September 21, 1959, and which are
3zoned for industrial or commercial use, or both, or to portions
4of Interstate highways which traverse other areas where the
5land use, as of September 21, l959, was established by State
6law as industrial or commercial, or both.
7    With respect to signs owned or leased by the State or a
8political subdivision, an area zoned for business, commercial,
9or industrial activities that is adjacent to and within 660
10feet of an Interstate highway and that is in Township 41 North,
11Range 10 East of the Third Principal Meridian, shall be deemed
12a "business area" for purposes of this Act. This zoning must
13have been a part of comprehensive zoning and not have been
14created primarily to permit outdoor advertising structures as
15described in 23 CFR 750.
16    (b) The changes to this Section made by this amendatory Act
17of the 95th General Assembly are intended to comply with the
18federal Highway Beautification Act of 1965, 23 U.S.C. 131, and
19the regulations promulgated thereunder by the Secretary of the
20United States Department of Transportation. To the extent that
21the Secretary of the United States Department of Transportation
22or any court finds the changes to this Section made by this
23amendatory Act to be inconsistent with or preempted by such law
24or regulations, the changes shall be repealed to the extent
25necessary to cure such inconsistency or preemption.
26    (c) The provisions of this amendatory Act of the 95th

 

 

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1General Assembly shall not be applicable if such application
2would impact the receipt, use, or reimbursement of federal
3funds by the Illinois Department of Transportation.
4(Source: P.A. 95-340, eff. 1-1-08.)
 
5    (225 ILCS 440/3.17 new)
6    Sec. 3.17. On-premise signs. "On-premise sign" means any
7sign advertising a business or activity conducted on the
8property on which they are located.
 
9    (225 ILCS 440/3.18 new)
10    Sec. 3.18. Off-premise signs. "Off-premise sign" means any
11sign advertising a business or activity not being conducted on
12the same property as the sign.
 
13    (225 ILCS 440/3.19 new)
14    Sec. 3.19. Real estate signs. "Real estate sign" means any
15sign advertising solely the sale or lease of the property on
16which the sign is located.
 
17    (225 ILCS 440/4.02)  (from Ch. 121, par. 504.02)
18    Sec. 4.02. Real estate signs. Real estate signs as defined
19in Section 3.19 of this Act. However, real estate signs must
20comply only with the provisions in Section 5 of this Act. Signs
21advertising the sale or lease of property on which they are
22located, which signs, if along Interstate highways outside a

 

 

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1"business area", comply with the following requirements:
2    (a) There may not be more than one such sign designed to
3attract traffic on the Interstate highway proceeding in any one
4direction;
5    (b) The sign may not exceed 150 square feet in size;
6    (c) No such sign may be erected or maintained which
7attempts or appears to attempt to direct the movement of
8traffic or which interferes with, indicates or resembles any
9official traffic sign, signal or device;
10    (d) No such sign may be erected or maintained which
11prevents the driver of a vehicle from having a clear and
12unobstructed view of official signs and approaching or merging
13traffic;
14    (e) No such sign may be erected or maintained which
15contains, includes, or is illuminated by any flashing,
16intermittent or moving light or lights;
17    (f) No lighting may be used in any way, in connection with
18any such sign, unless it is so effectively shielded as to
19prevent beams or rays of light from being directed at any
20portion of the main-traveled way of the highway, or is of such
21low intensity or brilliance as not to cause glare or to impair
22the vision of the driver of any motor vehicle, or to otherwise
23interfere with any driver's operation of a motor vehicle;
24    (g) No such sign may be erected or maintained which moves
25or has any animated or moving parts and no such sign may be
26erected or maintained upon trees or painted or drawn upon rocks

 

 

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1or other natural features.
2(Source: P.A. 77-1815.)
 
3    (225 ILCS 440/4.03)  (from Ch. 121, par. 504.03)
4    Sec. 4.03. On-premise signs. On-premise signs as defined in
5Section 3.17 of this Act. However, on-premise signs must comply
6only with the provisions in Section 5 of this Act. Signs
7advertising activities conducted on the property on which they
8are located; which, if along Interstate highways outside a
9"business area" comply with the following requirements:
10    (a) There may not be more than one such sign located more
11than 50 feet from such activity designed to attract traffic on
12the Interstate highway proceeding in any one direction;
13    (b) No such sign visible to traffic on an Interstate
14highway and located more than 50 feet from such activity, which
15displays any trade name referring to or identifying any service
16rendered or any product sold, used or otherwise handled, may be
17permitted unless the name of the advertised activity is
18displayed as conspicuously as such trade name. This restriction
19does not apply if the trade name identifies or characterizes
20places for lodging, eating, telephone facilities, vehicle
21service and repair, or identifies vehicle equipment, parts,
22accessories, fuels, oils or lubricants being offered for sale
23at such places;
24    (c) No such sign in excess of 20 feet in length, width or
25height, or 150 square feet in area, including border and trim,

 

 

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1but excluding supports, may be erected or maintained more than
250 feet from the activities conducted upon the property where
3the sign is located;
4    (d) The sign must comply with subparagraphs (c), (d), (f)
5and (g) of Section 4.02;
6    (e) No such sign may be erected or maintained which
7contains, includes, or is illuminated by any flashing,
8intermittent or moving light or lights except those which may
9be changed at reasonable intervals by electronic process or by
10remote control as long as these do not interfere with the
11effectiveness of an official traffic control device.
12(Source: P.A. 81-550.)
 
13    (225 ILCS 440/4.04)  (from Ch. 121, par. 504.04)
14    Sec. 4.04. Off-premise signs. Off-premise signs Signs
15which are erected in business areas after the effective date of
16this Act and which comply, when erected, with Sections 5, 6
17(subject to provisions of Section 7) and 8 of this Act.
18(Source: P.A. 77-1815.)
 
19    (225 ILCS 440/5)  (from Ch. 121, par. 505)
20    Sec. 5. No sign may be erected or maintained that:
21    (a) attempts or appears to attempt to direct the movement
22of traffic or which interferes with, indicates, or resembles
23any official traffic sign, signal, or device, or which prevents
24the driver of a vehicle from having a clear and unobstructed

 

 

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1view of official signs and approaching or merging traffic;
2Imitates or resembles an official traffic sign, signal or
3device;
4    (a-5) contains, includes, or is illuminated by any
5flashing, intermittent, or moving light or lights, except those
6changed at reasonable intervals by electronic process or by
7remote control, as long as they do not interfere with the
8effectiveness of an official traffic control device, or those
9giving public service information, such as, without
10limitation, time, weather, date, and temperature; no lighting
11may be used in any way in connection with any sign, unless it
12is so effectively shielded as to prevent beams or rays of light
13from being directed at any portion of the main-traveled way of
14the highway, or is of such low intensity or brilliance as not
15to cause glare or to impair the vision of the driver of any
16motor vehicle or to otherwise interfere with any driver's
17operation of a motor vehicle;
18    (b) is Is erected, painted or drawn upon trees, rocks, or
19other natural features;
20    (c) is Is structurally unsafe or in disrepair;
21    (c-5) advertises or promotes activities that are illegal
22under federal or State law in effect at the location of those
23signs or activities; or
24    (d) is Is erected adjacent to a scenic byway that is a
25primary or Interstate highway after the effective date of this
26amendatory Act of 1996, except those signs described in

 

 

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1Sections 4.01, 4.02, 4.03, 4.06, and 4.08 of this Act.
2(Source: P.A. 89-605, eff. 8-2-96.)
 
3    (225 ILCS 440/8)  (from Ch. 121, par. 508)
4    Sec. 8. Within 90 days after the effective date of this
5Act, each sign, except signs described by Sections Section
64.01, and signs along primary highways described by Sections
74.02, and 4.03, must be registered with the Department by the
8owner of the sign, on forms obtained from the Department.
9Within 90 days after the effective date of this amendatory Act
10of 1975, each sign located beyond 660 feet of the right-of-way
11located outside of urban areas, visible from the main-traveled
12way of the highway and erected with the purpose of the message
13being read from such traveled way, must be registered with the
14Department by the owner of the sign on forms obtained from the
15Department. The Department shall require reasonable
16information to be furnished including the name of the owner of
17the land on which the sign is located and a statement that the
18owner has consented to the erection or maintenance of the sign.
19Registration must be made of each sign and shall be accompanied
20by a registration fee of $5.
21    No sign, except signs described by Sections Section 4.01,
22and signs along primary highways described by Sections 4.02,
23and 4.03, may be erected after the effective date of this Act
24without first obtaining a permit from the Department. The
25application for permit shall be on a form provided by the

 

 

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1Department and shall contain such information as the Department
2may reasonably require. Upon receipt of an application
3containing all required information and appropriately executed
4and upon payment of the fee required under this Section, the
5Department then issues a permit to the applicant for the
6erection of the sign, provided such sign will not violate any
7provision of this Act. The application fee shall be as follows:
8    (1) for signs of less than 150 square feet, $50;
9    (2) for signs of at least 150 but less than 300 square
10feet, $100; and
11    (3) for signs of 300 or more square feet, $200.
12    Upon change of sign ownership the new owner of the sign
13shall notify the Department and supply the necessary
14information to renew the permit for such sign at no cost within
1560 days after the change of ownership. Any permit not so
16renewed shall become void.
17    Owners of registered signs shall be issued an identifying
18tag, which must remain be securely affixed to the front face of
19the sign or sign structure in a conspicuous position by the
20owner within 60 days after receipt of the tag; owners of signs
21erected by permit shall be issued an identifying tag which must
22remain be securely affixed to the front face of the sign or
23sign structure in a conspicuous position by the owner upon
24completion of the sign erection or within 10 days after receipt
25of the tag, whichever is the later.
26(Source: P.A. 87-1205.)
 

 

 

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1    (225 ILCS 440/4.07 rep.)
2    Section 10. The Highway Advertising Control Act of 1971 is
3amended by repealing Section 4.07.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".