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. LRB103 06008 AMQ 51032 b LRB103 06008 AMQ 51032 b LRB103 06008 AMQ 51032 b A BILL FOR SB0064LRB103 06008 AMQ 51032 b SB0064 LRB103 06008 AMQ 51032 b SB0064 LRB103 06008 AMQ 51032 b 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. LRB103 06008 AMQ 51032 b LRB103 06008 AMQ 51032 b 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. LRB103 06008 AMQ 51032 b SB0064 LRB103 06008 AMQ 51032 b SB0064- 2 -LRB103 06008 AMQ 51032 b SB0064 - 2 - LRB103 06008 AMQ 51032 b SB0064 - 2 - LRB103 06008 AMQ 51032 b 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 SB0064 - 2 - LRB103 06008 AMQ 51032 b SB0064- 3 -LRB103 06008 AMQ 51032 b SB0064 - 3 - LRB103 06008 AMQ 51032 b SB0064 - 3 - LRB103 06008 AMQ 51032 b 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 SB0064 - 3 - LRB103 06008 AMQ 51032 b SB0064- 4 -LRB103 06008 AMQ 51032 b SB0064 - 4 - LRB103 06008 AMQ 51032 b SB0064 - 4 - LRB103 06008 AMQ 51032 b 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 SB0064 - 4 - LRB103 06008 AMQ 51032 b SB0064- 5 -LRB103 06008 AMQ 51032 b SB0064 - 5 - LRB103 06008 AMQ 51032 b SB0064 - 5 - LRB103 06008 AMQ 51032 b 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. SB0064 - 5 - LRB103 06008 AMQ 51032 b SB0064- 6 -LRB103 06008 AMQ 51032 b SB0064 - 6 - LRB103 06008 AMQ 51032 b SB0064 - 6 - LRB103 06008 AMQ 51032 b 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. SB0064 - 6 - LRB103 06008 AMQ 51032 b