Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB0064 Introduced / Bill

Filed 01/20/2023

                    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.  LRB103 06008 AMQ 51032 b   A BILL FOR 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. 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.  LRB103 06008 AMQ 51032 b     LRB103 06008 AMQ 51032 b   A BILL FOR
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. 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.
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.
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    LRB103 06008 AMQ 51032 b
A BILL FOR
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1  AN ACT concerning regulation.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Highway Advertising Control Act of 1971 is
5  amended by changing Sections 3.07, 3.08, and 8 and by adding
6  Section 3.21 as follows:
7  (225 ILCS 440/3.07) (from Ch. 121, par. 503.07)
8  Sec. 3.07.  "Sign" means any outdoor sign, display, device,
9  notice, figure painting, drawing, message, placard, poster,
10  billboard, or other thing, which is operated or owned by a
11  person or entity where any person or entity is paying or
12  earning remuneration directly or indirectly for (i) the
13  existence or placement of the outdoor sign or (ii) the
14  placement of the message on the outdoor sign and is capable of
15  being designated, intended, or used to advertise or inform,
16  and of which any part of the existing or intended advertising
17  or informative contents is or will be visible from any place on
18  the main-traveled way of any portion of an Interstate or
19  primary highway and which is within 660 feet of the nearest
20  edge of the right-of-way of such highway.
21  "Sign" also means any sign described in paragraph one of
22  this Section which is more than 660 feet from the nearest edge
23  of such highway, outside of an urban area, visible from any

 

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. 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.
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.
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    LRB103 06008 AMQ 51032 b
A BILL FOR

 

 

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.



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1  place on the main-traveled way of any portion of such highway
2  and erected with the purpose of its message being read from
3  such main-traveled way.
4  (Source: P.A. 79-1009.)
5  (225 ILCS 440/3.08) (from Ch. 121, par. 503.08)
6  Sec. 3.08.  "Erect" means to construct, build, raise,
7  assemble, place, affix, attach, create, paint, draw or in any
8  other way bring into being or establish; but does not include
9  any of the foregoing activities when performed as an incident
10  to the change of advertising message or normal maintenance or
11  repair of a sign or sign structure. For the purposes of this
12  definition, the following shall not constitute normal
13  maintenance or repair of a sign or sign structure: replacing
14  more than 60% of the uprights, in whole or in part, of a wooden
15  sign structure; replacing more than 30% of the length above
16  ground of each broken, bent, or twisted support of a metal sign
17  structure; raising the height above ground of a sign or sign
18  structure; making a sign bigger; adding lighting; or similar
19  activities that substantially change a sign or make a sign
20  more valuable. For purposes of this definition, attaching a
21  vinyl substrate medium to a sign structure or wall surface,
22  which may contain advertising or other information, shall
23  constitute normal maintenance or repair of a sign or sign
24  structure. The Department shall accord lawful status to any
25  sign structure or wall surface that attaches a vinyl substrate

 

 

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1  medium to a sign structure or wall surface and allow for its
2  continued usage.
3  (Source: P.A. 96-919, eff. 6-9-10.)
4  (225 ILCS 440/3.21 new)
5  Sec. 3.21. "Remuneration" means the exchange of anything
6  of value, including money, securities, real property
7  interests, personal property interests, goods or services,
8  promise of future development, or forbearance of debt.
9  (225 ILCS 440/8) (from Ch. 121, par. 508)
10  Sec. 8.  Within 90 days after the effective date of this
11  Act, each sign, except signs described by Sections 4.01, 4.02,
12  and 4.03, must be registered with the Department by the owner
13  of the sign, on forms obtained from the Department. Within 90
14  days after the effective date of this amendatory Act of 1975,
15  each sign located beyond 660 feet of the right-of-way located
16  outside of urban areas, visible from the main-traveled way of
17  the highway and erected with the purpose of the message being
18  read from such traveled way, must be registered with the
19  Department by the owner of the sign on forms obtained from the
20  Department. The Department shall require reasonable
21  information to be furnished including the name of the owner of
22  the land on which the sign is located and a statement that the
23  owner has consented to the erection or maintenance of the
24  sign. Registration must be made of each sign and shall be

 

 

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1  accompanied by a registration fee of $5.
2  No sign, except signs described by Sections 4.01, 4.02,
3  and 4.03, may be erected after the effective date of this Act
4  without first obtaining a permit from the Department. The
5  application for permit shall be on a form provided by the
6  Department and shall contain such information as the
7  Department may reasonably require. Upon receipt of an
8  application containing all required information and
9  appropriately executed and upon payment of the fee required
10  under this Section, the Department then issues a permit to the
11  applicant for the erection of the sign, provided such sign
12  will not violate any provision of this Act. The application
13  fee shall be as follows:
14  (1) for signs of less than 150 square feet, $50;
15  (2) for signs of at least 150 but less than 300 square
16  feet, $100; and
17  (3) for signs of 300 or more square feet, $200.
18  In determining the appropriateness of issuing a permit for
19  a municipal network sign, the Department shall waive any
20  provision or requirement of this Act or administrative rule
21  adopted under the authority of this Act to the extent that the
22  waiver does not contravene the federal Highway Beautification
23  Act of 1965, 23 U.S.C. 131, and the regulations promulgated
24  under that Act by the Secretary of the United States
25  Department of Transportation. Any municipal network sign
26  applications pending on May 1, 2013 that are not affected by

 

 

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1  compliance with the federal Highway Beautification Act of 1965
2  shall be issued within 10 days after the effective date of this
3  amendatory Act of the 98th General Assembly. The determination
4  of the balance of pending municipal network sign applications
5  and issuance of approved permits shall be completed within 30
6  days after the effective date of this amendatory Act of the
7  98th General Assembly. To the extent that the Secretary of the
8  United States Department of Transportation or any court finds
9  any permit granted pursuant to such a waiver to be
10  inconsistent with or preempted by the federal Highway
11  Beautification Act of 1965, 23 U.S.C. 131, and the regulations
12  promulgated under that Act, that permit shall be void.
13  Upon change of sign ownership the new owner of the sign
14  shall notify the Department and supply the necessary
15  information to renew the permit for such sign at no cost within
16  60 days after the change of ownership. Any permit not so
17  renewed shall become void.
18  Owners of registered signs shall be issued an identifying
19  tag, which must remain securely affixed to the front face of
20  the sign or sign structure in a conspicuous position by the
21  owner within 60 days after receipt of the tag; owners of signs
22  erected by permit shall be issued an identifying tag which
23  must remain securely affixed to the front face of the sign or
24  sign structure in a conspicuous position by the owner upon
25  completion of the sign erection or within 10 days after
26  receipt of the tag, whichever is the later.

 

 

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1  (Source: P.A. 98-56, eff. 7-5-13.)
2  (225 ILCS 440/3.17 rep.)
3  (225 ILCS 440/3.18 rep.)
4  (225 ILCS 440/3.19 rep.)
5  (225 ILCS 440/4.01 rep.)
6  (225 ILCS 440/4.02 rep.)
7  (225 ILCS 440/4.03 rep.)
8  (225 ILCS 440/4.04 rep.)
9  (225 ILCS 440/4.06 rep.)
10  Section 10. The Highway Advertising Control Act of 1971 is
11  amended by repealing Sections 3.17, 3.18, 3.19, 4.01, 4.02,
12  4.03, 4.04, and 4.06.
13  Section 99. Effective date. This Act takes effect upon
14  becoming law.

 

 

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