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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 designed designated,
11 intended, or used to advertise or inform, and of which any part
12 of the existing or intended advertising or informative
13 contents is or will be visible from any place on the
14 main-traveled way of a controlled any portion of an Interstate
15 or primary highway, and which is within 660 feet of the nearest
16 edge of the right-of-way of such highway, and which is
17 operated or owned by a person or entity earning remuneration
18 directly or indirectly for the existence or placement of the
19 outdoor sign or for the placement of the message on the outdoor
20 sign.
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
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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. "Erect" does not include the attachment of a
21 vinyl substrate to a sign that was permitted or registered to
22 display, in another medium, advertising or other information
23 and that does not cause a substantial change or modification
24 that would terminate nonconforming rights.
25 The Department shall accord lawful status to a previously
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1 permitted or registered sign that was a painted display on a
2 wall or wall surface (but not a separate wall structure) of a
3 building and that lost its lawful status because a court of
4 competent jurisdiction through a final and non-appealable
5 order determined that the attachment of a vinyl substrate to
6 the wall or wall surface constituted the erection of a new sign
7 and not normal maintenance under this Section. The Department
8 shall also allow for the continued usage of that sign by the
9 owner of the building or its authorized agent without
10 requiring a new permit or registration.
11 (Source: P.A. 96-919, eff. 6-9-10.)
12 (225 ILCS 440/3.21 new)
13 Sec. 3.21. Remuneration. "Remuneration" means the exchange
14 of anything of value, including money, securities, real
15 property interests, personal property interests, goods or
16 services, promises of future development, or forbearances of
17 debt.
18 (225 ILCS 440/8) (from Ch. 121, par. 508)
19 Sec. 8. Within 90 days after the effective date of this
20 Act, each sign, except signs described by Sections 4.01, 4.02,
21 and 4.03, must be registered with the Department by the owner
22 of the sign, on forms obtained from the Department. Within 90
23 days after the effective date of this amendatory Act of 1975,
24 each sign located beyond 660 feet of the right-of-way located
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1 outside of urban areas, visible from the main-traveled way of
2 the highway and erected with the purpose of the message being
3 read from such traveled way, must be registered with the
4 Department by the owner of the sign on forms obtained from the
5 Department. The Department shall require reasonable
6 information to be furnished including the name of the owner of
7 the land on which the sign is located and a statement that the
8 owner has consented to the erection or maintenance of the
9 sign. Registration must be made of each sign and shall be
10 accompanied by a registration fee of $5.
11 No sign, except signs described by Sections 4.01, 4.02,
12 and 4.03, may be erected after the effective date of this Act
13 without first obtaining a permit from the Department. The
14 application for permit shall be on a form provided by the
15 Department and shall contain such information as the
16 Department may reasonably require. Upon receipt of an
17 application containing all required information and
18 appropriately executed and upon payment of the fee required
19 under this Section, the Department then issues a permit to the
20 applicant for the erection of the sign, provided such sign
21 will not violate any provision of this Act. The application
22 fee shall be as follows:
23 (1) for signs of less than 150 square feet, $50;
24 (2) for signs of at least 150 but less than 300 square
25 feet, $100; and
26 (3) for signs of 300 or more square feet, $200.
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1 In determining the appropriateness of issuing a permit for
2 a municipal network sign, the Department shall waive any
3 provision or requirement of this Act or administrative rule
4 adopted under the authority of this Act to the extent that the
5 waiver does not contravene the federal Highway Beautification
6 Act of 1965, 23 U.S.C. 131, and the regulations promulgated
7 under that Act by the Secretary of the United States
8 Department of Transportation. Any municipal network sign
9 applications pending on May 1, 2013 that are not affected by
10 compliance with the federal Highway Beautification Act of 1965
11 shall be issued within 10 days after the effective date of this
12 amendatory Act of the 98th General Assembly. The determination
13 of the balance of pending municipal network sign applications
14 and issuance of approved permits shall be completed within 30
15 days after the effective date of this amendatory Act of the
16 98th General Assembly. To the extent that the Secretary of the
17 United States Department of Transportation or any court finds
18 any permit granted pursuant to such a waiver to be
19 inconsistent with or preempted by the federal Highway
20 Beautification Act of 1965, 23 U.S.C. 131, and the regulations
21 promulgated under that Act, that permit shall be void.
22 Upon change of sign ownership the new owner of the sign
23 shall notify the Department and supply the necessary
24 information to renew the permit for such sign at no cost within
25 60 days after the change of ownership. Any permit not so
26 renewed shall become void.
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1 Owners of registered signs shall be issued an identifying
2 tag, which must remain securely affixed to the front face of
3 the sign or sign structure in a conspicuous position by the
4 owner within 60 days after receipt of the tag; owners of signs
5 erected by permit shall be issued an identifying tag which
6 must remain securely affixed to the front face of the sign or
7 sign structure in a conspicuous position by the owner upon
8 completion of the sign erection or within 10 days after
9 receipt of the tag, whichever is the later.
10 (Source: P.A. 98-56, eff. 7-5-13.)
11 (225 ILCS 440/3.17 rep.)
12 (225 ILCS 440/3.18 rep.)
13 (225 ILCS 440/3.19 rep.)
14 (225 ILCS 440/4.01 rep.)
15 (225 ILCS 440/4.02 rep.)
16 (225 ILCS 440/4.03 rep.)
17 (225 ILCS 440/4.04 rep.)
18 (225 ILCS 440/4.06 rep.)
19 (225 ILCS 440/6.04 rep.)
20 Section 10. The Highway Advertising Control Act of 1971 is
21 amended by repealing Sections 3.17, 3.18, 3.19, 4.01, 4.02,
22 4.03, 4.04, 4.06, and 6.04.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.
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