Full Text of HB4145 97th General Assembly
HB4145ham001 97TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 2/28/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4145
| 2 | | AMENDMENT NO. ______. Amend House Bill 4145 as follows:
| 3 | | on page 2, line 17, after " wrecking ", by inserting " , | 4 | | selling, "; and | 5 | | on page 2, by replacing line 19 with the following: | 6 | | "Section 10. The Illinois Municipal Code is amended by | 7 | | changing Section 11-40-3.1 as follows:
| 8 | | (65 ILCS 5/11-40-3.1) (from Ch. 24, par. 11-40-3.1)
| 9 | | Sec. 11-40-3.1.
The General Assembly hereby finds that in | 10 | | municipalities
of more than 1,000,000 inhabitants, the | 11 | | proliferation of hazardous
dilapidated motor vehicles | 12 | | constitutes a hazard to the health, safety and
welfare of the | 13 | | public, and that addressing the problems caused by such
| 14 | | abandoned dilapidated vehicles constitutes a compelling and |
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| 1 | | fundamental
governmental interest. The General Assembly also | 2 | | finds that the only
effective method of dealing with the | 3 | | problem is to promulgate a
comprehensive scheme to expedite the | 4 | | towing and disposal of such vehicles.
The corporate authorities | 5 | | of each municipality of 1,000,000 inhabitants or
more may by | 6 | | ordinance declare all inoperable motor vehicles, whether on
| 7 | | public or private property and in view of the general public, | 8 | | to be
hazardous dilapidated motor vehicles, and may authorize a | 9 | | law enforcement
agency, with applicable jurisdiction, to | 10 | | remove immediately, any hazardous
dilapidated motor vehicle or | 11 | | parts thereof. Nothing in this Section shall
apply to any motor | 12 | | vehicle that is kept within a building when not in use,
to | 13 | | operable historic vehicles over 25 years of age, or to a motor | 14 | | vehicle
on the premises of a place of business engaged in the | 15 | | wrecking , selling, or junking
of motor vehicles.
| 16 | | As used in this Section, "hazardous dilapidated motor | 17 | | vehicle" means any
motor vehicle with a substantial number of | 18 | | essential parts, as defined by
Section 1-118 of The Illinois | 19 | | Vehicle Code, either damaged, removed or
altered or otherwise | 20 | | so treated that the vehicle is incapable of being
driven under | 21 | | its own motor power or, which by its general state of
| 22 | | deterioration, poses a threat to the public's health, safety | 23 | | and welfare.
"Hazardous dilapidated motor vehicle" shall not | 24 | | include a motor vehicle
which has been rendered temporarily | 25 | | incapable of being driven under its own
motor power in order to | 26 | | perform ordinary service or repair operations. The
owner of a |
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| 1 | | vehicle towed under the provisions of this Section shall be
| 2 | | entitled to any hearing or review of the towing of such vehicle | 3 | | as provided
by State or local law.
| 4 | | (Source: P.A. 86-460.)
| 5 | | Section 15. The Illinois Vehicle Code is amended by".
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