Illinois General Assembly - Full Text of SB0063
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Full Text of SB0063  103rd General Assembly


Sen. Cristina Castro

Filed: 3/28/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 63 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Highway Advertising Control Act of 1971 is
5amended 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
8notified of a new controlled route subject to this Act being
9added after the effective date of this Act, each sign, except
10signs described by Sections 4.01, 4.02, and 4.03, must be
11registered with the Department by the owner of the sign, on
12forms obtained from the Department. Within 90 days after the
13effective date of this amendatory Act of 1975, each sign
14located beyond 660 feet of the right-of-way located outside of
15urban areas, visible from the main-traveled way of the highway
16and erected with the purpose of the message being read from



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1such traveled way, must be registered with the Department by
2the owner of the sign on forms obtained from the Department.
3The Department shall require reasonable information to be
4furnished including the name of the owner of the land on which
5the sign is located and a statement that the owner has
6consented to the erection or maintenance of the sign.
7Registration must be made of each sign and shall be
8accompanied by a registration fee of $5.
9    No sign, except signs described by Sections 4.01, 4.02,
10and 4.03, may be erected after the effective date of this Act
11without first obtaining a permit from the Department. The
12application for permit shall be on a form provided by the
13Department and shall contain such information as the
14Department may reasonably require. Upon receipt of an
15application containing all required information and
16appropriately executed and upon payment of the fee required
17under this Section, the Department then issues a permit to the
18applicant for the erection of the sign, provided such sign
19will not violate any provision of this Act. The Department
20shall have up to 45 days to complete its review and approve the
21permit application or notify the applicant of any and all
22deficiencies necessary for the Department's approval. The
23applicant shall then have 45 days to correct the noted
24deficiencies, and the Department shall have 30 days from
25receipt of the notice of corrected deficiencies to make a
26final determination. If the application for permit has been



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1denied, written notice of the decision shall state in detail
2why the application was denied. The application fee shall be
3as follows:
4        (1) for signs of less than 150 square feet, $50;
5        (2) for signs of at least 150 but less than 300 square
6    feet, $100; and
7        (3) for signs of 300 or more square feet, $200.
8    If a permit application is for a sign within an area
9subject to the Airport Zoning Act, the Department shall notify
10the applicant in writing that the review process will exceed
11the timelines set forth in the Section. Notwithstanding, the
12Department shall complete its own review of the permit
13application pending approval under the Airport Zoning Act.
14    In determining the appropriateness of issuing a permit for
15a municipal network sign, the Department shall waive any
16provision or requirement of this Act or administrative rule
17adopted under the authority of this Act to the extent that the
18waiver does not contravene the federal Highway Beautification
19Act of 1965, 23 U.S.C. 131, and the regulations promulgated
20under that Act by the Secretary of the United States
21Department of Transportation. Any municipal network sign
22applications pending on May 1, 2013 that are not affected by
23compliance with the federal Highway Beautification Act of 1965
24shall be issued within 10 days after the effective date of this
25amendatory Act of the 98th General Assembly. The determination
26of the balance of pending municipal network sign applications



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1and issuance of approved permits shall be completed within 30
2days after the effective date of this amendatory Act of the
398th General Assembly. To the extent that the Secretary of the
4United States Department of Transportation or any court finds
5any permit granted pursuant to such a waiver to be
6inconsistent with or preempted by the federal Highway
7Beautification Act of 1965, 23 U.S.C. 131, and the regulations
8promulgated under that Act, that permit shall be void.
9    Upon change of ownership of a sign ownership permit or
10sign registration, the new owner of the sign permit or sign
11registration shall notify the Department to confirm the change
12of ownership and supply the necessary information in writing
13or on a form provided by the Department to transfer to renew
14the permit or registration for such sign at no cost within 120
1560 days after the change of ownership. The Department shall
16acknowledge to the new sign owner, in writing or by electronic
17communication, the receipt of such request within 14 calendar
18days after receiving the necessary information and shall
19record the transferee as the new owner. Failure of the new sign
20owner to submit the necessary information to transfer the name
21of sign ownership on a sign permit within 120 calendar days may
22subject the permit to revocation. The Department shall issue a
23notice to the sign owner of failure to notify and inform the
24transferee of ownership that the transferee has 30 calendar
25days from receipt of notice to provide the necessary
26information required for the transfer of ownership. Any permit



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1not so renewed shall become void.
2    Owners of registered signs shall be issued an identifying
3tag, which must remain securely affixed to the front face of
4the sign or sign structure in a conspicuous position by the
5owner within 60 days after receipt of the tag; owners of signs
6erected by permit shall be issued an identifying tag which
7must remain securely affixed to the front face of the sign or
8sign structure in a conspicuous position by the owner upon
9completion of the sign erection or within 10 days after
10receipt of the tag, whichever is the later.
11    When a sign owner intends to upgrade an existing legal
12permitted sign to a multiple message sign with a digital
13display, the Department shall not require a new sign permit. A
14permit addendum application requesting authorization for the
15upgrade shall be made on a form provided by the Department and
16shall be accompanied by a $200 fee, which shall not be subject
17to return upon rejection of the permit addendum application.
18As part of the permit addendum application, the Department
19shall not require a new land survey or other documentation
20that has previously been submitted and approved and is on file
21for the existing permit of the legal permitted sign. Upon
22receipt of the permit addendum application, the Department
23shall have up to 30 days to complete its initial review and
24either approve the addendum to the existing permit or notify
25the applicant of any and all deficiencies necessary for the
26Department's approval. The applicant shall have 30 days to



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1correct the noted deficiencies, upon which the Department
2shall have 30 days after receipt of the notice of corrected
3deficiencies to make a final determination. If the permit
4application addendum is denied, written notice of the decision
5shall state in detail why the application was denied. For
6purposes of this Section, legal nonconforming sign structures
7are not eligible for this upgrade.
8    A person aggrieved by any action of the Department in
9denying an application or revoking a permit or registration
10under this Act may, within 30 days after receipt of the notice
11of denial or revocation, apply to the Department for an
12administrative hearing pursuant to the Administrative Review
14(Source: P.A. 98-56, eff. 7-5-13.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".