SB 64

Abstract

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. Senate Floor Amendment No. 1 Adds reference to: 225 ILCS 440/6.04 rep. Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Provides that the definition of "sign" means any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is designed (rather than designated), intended, or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main-traveled way of a controlled portion (rather than any portion) of an Interstate or primary highway and which is adjacent to and within 660 feet (rather than within 660 feet) of the nearest edge of the right-of-way of such highway, and where the sign is operated or owned by a person or entity 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. Provides that the definition of "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 that does not cause a substantial change or modification that would terminate nonconforming rights. Provides that the Department of Transportation shall accord lawful status to the registered sign at issue in the decision of the Illinois Appellate Court captioned as Image Media Advertising, Inc., v. Illinois Department of Transportation, No. 1-20-0830. Provides that the Department shall also allow for the continued usage of that sign by the owner of the building or its authorized agent without requiring a new permit or registration. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Provides that the Department of Transportation shall accord lawful status to a previously permitted or 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 a court of competent jurisdiction through a final and non-appealable order determined that the attachment of a vinyl substrate to the wall or wall surface constituted the erection of a new sign and not normal maintenance. Provides that the Department shall also allow for the continued usage of that sign by the owner of the building or its authorized agent without requiring a new permit or registration. House Committee Amendment No. 1 Adds reference to: 225 ILCS 440/14.2 new Provides that the definition of "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. Provides that the changes to the definition of "erect" 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 the amendatory Act that attached a vinyl substrate to a sign that was permitted or registered to display, in another medium, advertising or other information. Further amends the Highway Advertising Control Act of 1971. Provides that 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 is validated as a lawful registered sign under the Act, including all rights regarding size, spacing, illumination, and alienability. Provides that the Department of Transportation must accord lawful status to the registered sign 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.