Sen. Antonio Muņoz

Filed: 5/13/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2764

2    AMENDMENT NO. ______. Amend House Bill 2764 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Highway Advertising Control Act of 1971 is
5amended by changing Sections 3.12, 4.02, 4.03, 4.04, 5, and 8
6and by adding Sections 3.17, 3.18, 3.19, and 15 as follows:
 
7    (225 ILCS 440/3.12)  (from Ch. 121, par. 503.12)
8    Sec. 3.12. Business area.
9    (a) "Business area" means any part of an area adjacent to
10and within 660 feet of the right-of-way which is at any time
11zoned for business, commercial or industrial activities under
12the authority of any law of this State; or not so zoned, but
13which constitutes an unzoned commercial or industrial area as
14defined in Section 3.11. However, as to signs along Interstate
15highways, the term "business area" includes only areas which
16are within incorporated limits of any city, village, or

 

 

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1incorporated town, as such limits existed on September 21,
21959, and which are zoned for industrial or commercial use, or
3both, or to portions of Interstate highways which traverse
4other areas where the land use, as of September 21, l959, was
5established by State law as industrial or commercial, or both.
6    With respect to signs owned or leased by the State or a
7political subdivision, an area zoned for business, commercial,
8or industrial activities that is adjacent to and within 660
9feet of an Interstate highway and that is in Township 41 North,
10Range 10 East of the Third Principal Meridian, shall be deemed
11a "business area" for purposes of this Act. This zoning must
12have been a part of comprehensive zoning and not have been
13created primarily to permit outdoor advertising structures as
14described in 23 CFR 750.
15    (b) The Department of Transportation shall carry out an
16impact study in cooperation with the Outdoor Advertising
17Association of Illinois recommending any possible changes to
18Section 3.12 of this Act. The Department of Transportation
19shall provide its findings to the General Assembly within 2
20years after the effective date of this amendatory Act. The
21changes to this Section made by this amendatory Act of the 95th
22General Assembly are intended to comply with the federal
23Highway Beautification Act of 1965, 23 U.S.C. 131, and the
24regulations promulgated thereunder by the Secretary of the
25United States Department of Transportation. To the extent that
26the Secretary of the United States Department of Transportation

 

 

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1or any court finds the changes to this Section made by this
2amendatory Act to be inconsistent with or preempted by such law
3or regulations, the changes shall be repealed to the extent
4necessary to cure such inconsistency or preemption.
5    (c) The provisions of this amendatory Act of the 95th
6General Assembly shall not be applicable if such application
7would impact the receipt, use, or reimbursement of federal
8funds by the Illinois Department of Transportation.
9(Source: P.A. 95-340, eff. 1-1-08.)
 
10    (225 ILCS 440/3.17 new)
11    Sec. 3.17. On-premise signs. "On-premise sign" means any
12sign advertising a business or activity conducted on the
13property on which they are located.
 
14    (225 ILCS 440/3.18 new)
15    Sec. 3.18. Off-premise signs. "Off-premise sign" means any
16sign advertising a business or activity not being conducted on
17the same property as the sign.
 
18    (225 ILCS 440/3.19 new)
19    Sec. 3.19. Real estate signs. "Real estate sign" means any
20sign advertising solely the sale or lease of the property on
21which the sign is located.
 
22    (225 ILCS 440/4.02)  (from Ch. 121, par. 504.02)

 

 

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1    Sec. 4.02. Real estate signs. Real estate signs as defined
2in Section 3.19 of this Act. However, real estate signs must
3comply only with the provisions in Section 5 of this Act. Signs
4advertising the sale or lease of property on which they are
5located, which signs, if along Interstate highways outside a
6"business area", comply with the following requirements:
7    (a) There may not be more than one such sign designed to
8attract traffic on the Interstate highway proceeding in any one
9direction;
10    (b) The sign may not exceed 150 square feet in size;
11    (c) No such sign may be erected or maintained which
12attempts or appears to attempt to direct the movement of
13traffic or which interferes with, indicates or resembles any
14official traffic sign, signal or device;
15    (d) No such sign may be erected or maintained which
16prevents the driver of a vehicle from having a clear and
17unobstructed view of official signs and approaching or merging
18traffic;
19    (e) No such sign may be erected or maintained which
20contains, includes, or is illuminated by any flashing,
21intermittent or moving light or lights;
22    (f) No lighting may be used in any way, in connection with
23any such sign, unless it is so effectively shielded as to
24prevent beams or rays of light from being directed at any
25portion of the main-traveled way of the highway, or is of such
26low intensity or brilliance as not to cause glare or to impair

 

 

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1the vision of the driver of any motor vehicle, or to otherwise
2interfere with any driver's operation of a motor vehicle;
3    (g) No such sign may be erected or maintained which moves
4or has any animated or moving parts and no such sign may be
5erected or maintained upon trees or painted or drawn upon rocks
6or other natural features.
7(Source: P.A. 77-1815.)
 
8    (225 ILCS 440/4.03)  (from Ch. 121, par. 504.03)
9    Sec. 4.03. On-premise signs. On-premise signs as defined in
10Section 3.17 of this Act. However, on-premise signs must comply
11only with the provisions in Section 5 of this Act. Signs
12advertising activities conducted on the property on which they
13are located; which, if along Interstate highways outside a
14"business area" comply with the following requirements:
15    (a) There may not be more than one such sign located more
16than 50 feet from such activity designed to attract traffic on
17the Interstate highway proceeding in any one direction;
18    (b) No such sign visible to traffic on an Interstate
19highway and located more than 50 feet from such activity, which
20displays any trade name referring to or identifying any service
21rendered or any product sold, used or otherwise handled, may be
22permitted unless the name of the advertised activity is
23displayed as conspicuously as such trade name. This restriction
24does not apply if the trade name identifies or characterizes
25places for lodging, eating, telephone facilities, vehicle

 

 

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1service and repair, or identifies vehicle equipment, parts,
2accessories, fuels, oils or lubricants being offered for sale
3at such places;
4    (c) No such sign in excess of 20 feet in length, width or
5height, or 150 square feet in area, including border and trim,
6but excluding supports, may be erected or maintained more than
750 feet from the activities conducted upon the property where
8the sign is located;
9    (d) The sign must comply with subparagraphs (c), (d), (f)
10and (g) of Section 4.02;
11    (e) No such sign may be erected or maintained which
12contains, includes, or is illuminated by any flashing,
13intermittent or moving light or lights except those which may
14be changed at reasonable intervals by electronic process or by
15remote control as long as these do not interfere with the
16effectiveness of an official traffic control device.
17(Source: P.A. 81-550.)
 
18    (225 ILCS 440/4.04)  (from Ch. 121, par. 504.04)
19    Sec. 4.04. Off-premise signs. Off-premise signs Signs
20which are erected in business areas after the effective date of
21this Act and which comply, when erected, with Sections 5, 6
22(subject to provisions of Section 7) and 8 of this Act.
23(Source: P.A. 77-1815.)
 
24    (225 ILCS 440/5)  (from Ch. 121, par. 505)

 

 

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

 

 

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1under federal or State law in effect at the location of those
2signs or activities; or
3    (d) is Is erected adjacent to a scenic byway that is a
4primary or Interstate highway after the effective date of this
5amendatory Act of 1996, except those signs described in
6Sections 4.01, 4.02, 4.03, 4.06, and 4.08 of this Act.
7(Source: P.A. 89-605, eff. 8-2-96.)
 
8    (225 ILCS 440/8)  (from Ch. 121, par. 508)
9    Sec. 8. Within 90 days after the effective date of this
10Act, each sign, except signs described by Sections Section
114.01, and signs along primary highways described by Sections
124.02, and 4.03, must be registered with the Department by the
13owner of the sign, on forms obtained from the Department.
14Within 90 days after the effective date of this amendatory Act
15of 1975, each sign located beyond 660 feet of the right-of-way
16located outside of urban areas, visible from the main-traveled
17way of the highway and erected with the purpose of the message
18being read from such traveled way, must be registered with the
19Department by the owner of the sign on forms obtained from the
20Department. The Department shall require reasonable
21information to be furnished including the name of the owner of
22the land on which the sign is located and a statement that the
23owner has consented to the erection or maintenance of the sign.
24Registration must be made of each sign and shall be accompanied
25by a registration fee of $5.

 

 

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1    No sign, except signs described by Sections Section 4.01,
2and signs along primary highways described by Sections 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 Department
7may reasonably require. Upon receipt of an application
8containing all required information and appropriately executed
9and upon payment of the fee required under this Section, the
10Department shall have up to 60 days to approve and issue a
11permit to the applicant for the erection of the sign, provided
12the sign does not violate any provision of this Act. In the
13event the Department intends to deny an application for a
14permit, the Department shall have 60 days after receipt of the
15application to provide notice of the intent to deny, which
16shall include in detail an explanation of the basis for their
17decision. The applicant shall have 30 days to respond and
18perfect any deficiencies stated in the notice for intent to
19deny, and thereafter the Department shall have 30 days to
20respond with a final notice of determination. then issues a
21permit to the applicant for the erection of the sign, provided
22such sign will not violate any provision of this Act.
23    The Department shall not withhold approval of a permit by
24requesting information that is not necessary for making the
25decision of granting the permit.
26    The application fee shall be as follows:

 

 

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1    (1) for signs of less than 150 square feet, $50;
2    (2) for signs of at least 150 but less than 300 square
3feet, $100; and
4    (3) for signs of 300 or more square feet, $200.
5    Upon change of sign ownership after the effective date of
6this amendatory Act of the 98th General Assembly, the new owner
7of the sign shall notify the Department and supply the
8necessary information to transfer renew the permit for such
9sign at no cost within 60 days after the change of ownership.
10The Department shall then have 30 days to respond and
11acknowledge the receipt of request for transfer of ownership.
12Any permit not so transferred renewed shall become revocable
13void.
14    Owners of registered signs shall be issued an identifying
15tag, which must remain be securely affixed to the front face of
16the sign or sign structure in a conspicuous position by the
17owner within 60 days after receipt of the tag; owners of signs
18erected by permit shall be issued an identifying tag which must
19remain be securely affixed to the front face of the sign or
20sign structure in a conspicuous position by the owner upon
21completion of the sign erection or within 10 days after receipt
22of the tag, whichever is the later.
23(Source: P.A. 87-1205.)
 
24    (225 ILCS 440/15 new)
25    Sec. 15. Highway Beautification Act funding. If, as a

 

 

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1result of the changes made by this amendatory Act of the 98th
2General Assembly, the State is required to pay back or
3reimburse federal funding received under subsection (j) of 23
4U.S.C. 131, then no additional fees or fines shall be levied on
5the owners of signs to reimburse the federal government.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".