SB0064 103RD GENERAL ASSEMBLY

LRB103 06008 AMQ 51032 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0064

Introduced 1/20/2023, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

225 ILCS 440/3.07	from Ch. 121, par. 503.07
225 ILCS 440/3.08	from Ch. 121, par. 503.08
225 ILCS 440/3.21 new
225 ILCS 440/8	from Ch. 121, par. 508
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.

Amends the Highway Advertising Control Act of 1971. Defines "sign" as any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is operated or owned by a person or entity where any person or entity is paying or earning remuneration directly or indirectly for (i) the existence or placement of the outdoor sign or (ii) the placement of the message on the outdoor sign (rather than any outdoor sign which is designated, intended, or used to advertise or inform, and of which any part of the existing or intended advertising or informative content) is capable of being visible from any place on the main-traveled way of any portion of any Interstate or primary highway and which is within 660 feet of the nearest edge of the right-of-way of such highway. Provides that for purposes of the definition of "erect", attaching a vinyl substrate medium to a sign structure or wall surface shall constitute normal maintenance or repair of a sign or sign structure. Defines "remuneration". Removes the definitions of "on premise sign", "off premise sign", and "real estate sign". Removes language providing that registration must be made of each sign and shall be accompanied by a registration fee of $5. Removes provisions concerning directional and other official signs, real estate signs, on premise signs, off premise signs, and signs affixed by public utilities. Makes corresponding changes. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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 operated or owned by a person or entity where any person or entity is paying or earning remuneration directly or indirectly for (i) the existence or placement of the outdoor sign or (ii) the placement of the message on the outdoor sign and is capable of being 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 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.

"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. For purposes of this definition, attaching a vinyl substrate medium to a sign structure or wall surface, which may contain advertising or other information, shall constitute normal maintenance or repair of a sign or sign structure. The Department shall accord lawful status to any sign structure or wall surface that attaches a vinyl substrate medium to a sign structure or wall surface and allow for its continued usage.

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

(225 ILCS 440/3.21 new)

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

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, and 4.06.

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