Bill Text: IL HB1821 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Highway Advertising Control Act of 1971. Provides that the Department of Transportation shall adopt rules specifying the standards for registration of certain signs under the Act. Adds the failure of the Department to act upon any permit within the designated time limit under the Act or the rules adopted by the Department to reasons a person can appeal a decision by the Department. Provides that a hearing for an appeal shall commence within 30 days after the receipt of the appeal request. Adds requirements for a hearing conducted under the Act and requires an administrative law judge to present a written proposal that contains findings of fact, conclusions of law, and recommendations for a final decision to the Secretary of Transportation within 30 days after conclusion of a hearing. Adopts and incorporates the Illinois Administrative Procedure Act. Requires the Department to adopt rules regarding the implementation and enforcement of the Act (rather than permits the Department to establish rules and regulations). Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-28 - Referred to Rules Committee [HB1821 Detail]

Download: Illinois-2025-HB1821-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1821 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
225 ILCS 440/8 from Ch. 121, par. 508
225 ILCS 440/8.1 new
225 ILCS 440/8.2 new
225 ILCS 440/14.01 from Ch. 121, par. 514.01
Amends the Highway Advertising Control Act of 1971. Provides that the Department of Transportation shall adopt rules specifying the standards for registration of certain signs under the Act. Adds the failure of the Department to act upon any permit within the designated time limit under the Act or the rules adopted by the Department to reasons a person can appeal a decision by the Department. Provides that a hearing for an appeal shall commence within 30 days after the receipt of the appeal request. Adds requirements for a hearing conducted under the Act and requires an administrative law judge to present a written proposal that contains findings of fact, conclusions of law, and recommendations for a final decision to the Secretary of Transportation within 30 days after conclusion of a hearing. Adopts and incorporates the Illinois Administrative Procedure Act. Requires the Department to adopt rules regarding the implementation and enforcement of the Act (rather than permits the Department to establish rules and regulations). Effective immediately.
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A BILL FOR
HB1821 LRB104 07314 AAS 17353 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Highway Advertising Control Act of 1971 is
amended by changing Sections 8 and 14.01 and by adding
Sections 8.1 and 8.2 as follows:
(225 ILCS 440/8) (from Ch. 121, par. 508)
Sec. 8. Within 90 days of July 1, 1972, or the owner being
notified of a new controlled route subject to this Act being
added, each sign, except signs described by Sections 4.01,
4.02, and 4.03, must be registered with the Department by the
owner of the sign, on forms obtained from the Department.
Within 90 days after the effective date of this amendatory Act
of 1975, each sign located beyond 660 feet of the right-of-way
located outside of urban areas, visible from the main-traveled
way of the highway and erected with the purpose of the message
being read from such traveled way, must be registered with the
Department by the owner of the sign on forms obtained from the
Department. The Department shall adopt rules specifying the
standards for such registration, which may require reasonable
information to be furnished including the name of the owner of
the land on which the sign is located and a statement that the
owner has consented to the erection or maintenance of the

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sign. Registration must be made of each sign and shall be
accompanied by a registration fee of $5.
No sign, except signs described by Sections 4.01, 4.02,
and 4.03, may be erected after the effective date of this Act
without first obtaining a permit from the Department. The
application for permit shall be on a form provided by the
Department and shall contain such information as the
Department may reasonably require. Upon receipt of an
application and upon payment of the fee required under this
Section, the Department then issues a permit to the applicant
for the erection of the sign, provided such sign will not
violate any provision of this Act. The Department shall have
up to 45 days to complete its review and approve the permit
application or notify the applicant of any and all
deficiencies necessary for the Department's approval. The
applicant shall then have 45 days to correct the noted
deficiencies, and the Department shall have 30 days from
receipt of the notice of corrected deficiencies to make a
final determination. If the application for permit has been
denied, written notice of the decision shall state in detail
why the application was denied. The application fee shall be
as follows:
(1) for signs of less than 150 square feet, $50;
(2) for signs of at least 150 but less than 300 square
feet, $100; and
(3) for signs of 300 or more square feet, $200.

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If a permit application is for a sign within an area
subject to the Airport Zoning Act, the Department shall notify
the applicant in writing that the review process will exceed
the timelines set forth in the Section. Notwithstanding, the
Department shall complete its own review of the permit
application pending approval under the Airport Zoning Act.
In determining the appropriateness of issuing a permit for
a municipal network sign, the Department shall waive any
provision or requirement of this Act or administrative rule
adopted under the authority of this Act to the extent that the
waiver does not contravene the federal Highway Beautification
Act of 1965, 23 U.S.C. 131, and the regulations promulgated
under that Act by the Secretary of the United States
Department of Transportation. Any municipal network sign
applications pending on May 1, 2013 that are not affected by
compliance with the federal Highway Beautification Act of 1965
shall be issued within 10 days after the effective date of this
amendatory Act of the 98th General Assembly. The determination
of the balance of pending municipal network sign applications
and issuance of approved permits shall be completed within 30
days after the effective date of this amendatory Act of the
98th General Assembly. To the extent that the Secretary of the
United States Department of Transportation or any court finds
any permit granted pursuant to such a waiver to be
inconsistent with or preempted by the federal Highway
Beautification Act of 1965, 23 U.S.C. 131, and the regulations

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promulgated under that Act, that permit shall be void.
Upon change of ownership of a sign permit or sign
registration, the new owner of the sign permit or sign
registration shall notify the Department to confirm the change
of ownership and supply the necessary information in writing
or on a form provided by the Department to transfer the permit
or registration for such sign at no cost within 120 days after
the change of ownership. The Department shall acknowledge to
the new sign owner, in writing or by electronic communication,
the receipt of such request within 14 calendar days after
receiving the necessary information and shall record the
transferee as the new owner. Failure of the new sign owner to
submit the necessary information to transfer the name of sign
ownership on a sign permit within 120 calendar days may
subject the permit to revocation. The Department shall issue a
notice to the sign owner of failure to notify and inform the
transferee of ownership that the transferee has 30 calendar
days from receipt of notice to provide the necessary
information required for the transfer of ownership.
Owners of registered signs shall be issued an identifying
tag, which must remain securely affixed to the front face of
the sign or sign structure in a conspicuous position by the
owner within 60 days after receipt of the tag; owners of signs
erected by permit shall be issued an identifying tag which
must remain securely affixed to the front face of the sign or
sign structure in a conspicuous position by the owner upon

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completion of the sign erection or within 10 days after
receipt of the tag, whichever is the later.
When a sign owner intends to upgrade an existing legal
permitted sign to a multiple message sign with a digital
display, the Department shall not require a new sign permit. A
permit addendum application requesting authorization for the
upgrade shall be made on a form provided by the Department and
shall be accompanied by a $200 fee, which shall not be subject
to return upon rejection of the permit addendum application.
As part of the permit addendum application, the Department
shall not require a new land survey or other documentation
that has previously been submitted and approved and is on file
for the existing permit of the legal permitted sign. Upon
receipt of the permit addendum application, the Department
shall have up to 30 days to complete its initial review and
either approve the addendum to the existing permit or notify
the applicant of any and all deficiencies necessary for the
Department's approval. The applicant shall have 30 days to
correct the noted deficiencies, upon which the Department
shall have 30 days after receipt of the notice of corrected
deficiencies to make a final determination. If the permit
application addendum is denied, written notice of the decision
shall state in detail why the application was denied. For
purposes of this Section, legal nonconforming sign structures
are not eligible for this upgrade.
A person aggrieved by any action of the Department in

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denying an application, or revoking a permit or registration,
or failing to act upon any permit within the designated time
limit under this Act or the rules adopted by the Department may
appeal such action to the Department. The appeal shall be
filed under this Act may, within 30 days after receipt of the
notice of denial or revocation or 30 days after the expiration
of any deadline for action by the Department. A hearing for
appeal shall commence within 30 days after the receipt of the
appeal request. , apply to the Department for an administrative
hearing pursuant to the Administrative Review Law.
(Source: P.A. 103-471, eff. 8-4-23.)
(225 ILCS 440/8.1 new)
Sec. 8.1. Hearing; findings and recommendations.
(a) All hearings under this Act shall be conducted by an
administrative law judge, appointed by the Secretary, who
shall hear evidence relating to an application, a denial of a
permit, a revocation of a permit, or other determinations by
the Department as authorized in this Act. Within 30 days after
the conclusion of the hearing, the administrative law judge
shall present to the Secretary a written proposal that
contains findings of fact, conclusions of law, and
recommendations for a final decision by the Secretary.
(b) A copy of the proposal shall be served upon the
applicant or licensee by the Department, in accordance with
the notice provisions in rules adopted by the Department

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pursuant to Section 14.01. The applicant or licensee may
present a response to the proposal to the Department no later
than 14 calendar days after service. Once 14 calendar days
after service have elapsed, the Secretary may enter a
decision, supported by law and the record, on the proposal. If
the Secretary disagrees with the proposal, the Secretary may
issue an order contrary to the proposal that includes specific
findings of fact supported by the record.
(c) The Secretary shall issue a decision on the proposal
no later than 45 days after the submission of the proposal by
the administrative law judge. The time limits in this Section
are mandatory and shall not be interpreted to be directory or
discretionary. The decision of the Secretary is a final
administrative decision within the Department's administrative
appeals process. Once the Secretary issues a decision pursuant
to this Section, there is no further ability to appeal or a
right for reconsideration within the Department.
(d) All proceedings under this Section are matters of
public record and shall be preserved.
(225 ILCS 440/8.2 new)
Sec. 8.2. Administrative review. All final administrative
decisions of the Department are subject to judicial review
pursuant to the provisions of the Administrative Review Law
and all rules adopted under the Administrative Review Law. The
term "administrative decision" is defined as in Section 3-101

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of the Code of Civil Procedure.
Proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides. If the party is not a resident of this State,
the venue shall be either Sangamon County or Cook County.
(225 ILCS 440/14.01) (from Ch. 121, par. 514.01)
Sec. 14.01. The Department shall adopt may establish rules
and regulations regarding implementation and enforcement of
this Act, which rules regulations are not inconsistent with
the terms of this Act; provided however, that the Department
shall may not add to, or increase the severity of the
regulatory standards set forth in Section 6 of this the Act, as
now or hereafter amended.
The Illinois Administrative Procedure Act is hereby
expressly adopted and incorporated herein as if all of the
provisions of such Act were included in this Act. For the
purposes of this Act, the notice required under Section 10-25
of the Illinois Administrative Procedure Act is deemed
sufficient when mailed to the address of record of a party.
(Source: P.A. 79-1009.)
Section 99. Effective date. This Act takes effect upon
becoming law.