SB0064ham001 103RD GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 5/17/2023

10300SB0064ham001 LRB103 06008 SPS 60574 a

AMENDMENT TO SENATE BILL 64

AMENDMENT NO. ______. Amend Senate Bill 64 on page 1, line 6, by replacing "Section" with "Sections"; and

on page 1, line 6, after "3.21", by inserting "and 14.2"; and

by replacing line 20 on page 2 through line 10 on page 3 with "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 such attachment does not cause a substantial change or modification that would terminate nonconforming rights. The changes made to this Section by this amendatory Act of the 103rd General Assembly are intended to be retroactive and apply to any permitted or registered sign in operation on or after January 1, 1999, and in operation as of the effective date of this amendatory Act of the 103rd General Assembly that attached a vinyl substrate to a sign that was permitted or registered to display, in another medium, advertising or other information. The changes made to this Section by this amendatory Act of the 103rd General Assembly constitute a determination under State law with respect to customary use and maintenance of signs under 23 U.S.C. 131(d) and 23 CFR 750.707(d)(5)."; and

on page 6, immediately below line 10, by inserting the following:

"(225 ILCS 440/14.2 new)

Sec. 14.2. Validation. A previously registered sign that was a painted display on a wall or wall surface (but not a separate wall structure) of a building and that lost its lawful status because an Illinois court of competent jurisdiction determined through a final and non-appealable order that the attachment of a vinyl substrate to the wall or wall surface constituted the erection of a new sign and not normal maintenance and repair under this Act is hereby validated as a lawful registered sign under this Act, including all rights regarding size, spacing, illumination, and alienability. The Department must accord lawful status to the registered sign pursuant to this Section and must allow for the continued operation of that sign by the owner of the sign or its successor in interest without requiring a new registration or permit.

This Section is intended to be retroactive to effectuate the purposes of this Section and apply as of January 1, 1999. The addition of this Section by this amendatory Act of the 103rd General Assembly constitutes a determination under State law with respect to customary use and maintenance of signs under 23 U.S.C. 131(d) and 23 CFR 750.707(d)(5).".