HB4145ham001 97TH GENERAL ASSEMBLY

Rep. Rita Mayfield

Filed: 2/28/2012

09700HB4145ham001 LRB097 17640 KMW 65061 a

AMENDMENT TO HOUSE BILL 4145

AMENDMENT NO. ______. Amend House Bill 4145 as follows:

on page 2, line 17, after "wrecking", by inserting ", selling,"; and

on page 2, by replacing line 19 with the following:

"Section 10. The Illinois Municipal Code is amended by changing Section 11-40-3.1 as follows:

(65 ILCS 5/11-40-3.1) (from Ch. 24, par. 11-40-3.1)

Sec. 11-40-3.1. The General Assembly hereby finds that in municipalities of more than 1,000,000 inhabitants, the proliferation of hazardous dilapidated motor vehicles constitutes a hazard to the health, safety and welfare of the public, and that addressing the problems caused by such abandoned dilapidated vehicles constitutes a compelling and fundamental governmental interest. The General Assembly also finds that the only effective method of dealing with the problem is to promulgate a comprehensive scheme to expedite the towing and disposal of such vehicles. The corporate authorities of each municipality of 1,000,000 inhabitants or more may by ordinance declare all inoperable motor vehicles, whether on public or private property and in view of the general public, to be hazardous dilapidated motor vehicles, and may authorize a law enforcement agency, with applicable jurisdiction, to remove immediately, any hazardous dilapidated motor vehicle or parts thereof. Nothing in this Section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking, selling, or junking of motor vehicles.

As used in this Section, "hazardous dilapidated motor vehicle" means any motor vehicle with a substantial number of essential parts, as defined by Section 1-118 of The Illinois Vehicle Code, either damaged, removed or altered or otherwise so treated that the vehicle is incapable of being driven under its own motor power or, which by its general state of deterioration, poses a threat to the public's health, safety and welfare. "Hazardous dilapidated motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. The owner of a vehicle towed under the provisions of this Section shall be entitled to any hearing or review of the towing of such vehicle as provided by State or local law.

(Source: P.A. 86-460.)

Section 15. The Illinois Vehicle Code is amended by".