Full Text of HB4077 98th General Assembly
HB4077ham002 98TH GENERAL ASSEMBLY | Rep. Edward J. Acevedo Filed: 4/3/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4077
| 2 | | AMENDMENT NO. ______. Amend House Bill 4077 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Junkyard Act is amended by adding Section | 5 | | 3.5 and changing Section 7 as follows: | 6 | | (415 ILCS 95/3.5 new) | 7 | | Sec. 3.5. | 8 | | (a) For the purpose of this Section: | 9 | | "Place of worship" means a church, synagogue, mosque, | 10 | | temple, or other building, structure, or place used | 11 | | primarily for religious worship and includes the grounds of | 12 | | a place of worship. | 13 | | "School" means a public or private primary or secondary | 14 | | school; a primary or secondary school operated by a
| 15 | | religious institution; or
a public, private, or religious | 16 | | nursery school. |
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| 1 | | (b) Within a municipality with a population of 2,000,000 or | 2 | | more, no person shall establish, maintain, or operate a | 3 | | junkyard or scrap processing facility within 2,640 feet of a | 4 | | school or place of worship. This Section does not apply to | 5 | | junkyards or scrap processing facilities established and in | 6 | | operation on the effective date of this amendatory Act of the | 7 | | 98th General Assembly.
| 8 | | (415 ILCS 95/7) (from Ch. 121, par. 467)
| 9 | | Sec. 7.
(a) The Department may, in addition to any other | 10 | | remedies,
initiate an appropriate action in the circuit court | 11 | | of the county in
which a junkyard or scrap processing facility | 12 | | is located, to prevent the
unlawful establishment, operation or | 13 | | maintenance of a junkyard or scrap
processing facility which is | 14 | | not in compliance with this Act, or to
restrain, correct or | 15 | | abate a violation of this Act, or to prevent any
illegal Act, | 16 | | conduct, business or use in or about the premises of such
| 17 | | junkyard or scrap processing facility. This subsection (a) does | 18 | | not apply to violations of Section 3.5 of this Act.
| 19 | | (a-5) A municipality with a population of 2,000,000 or more | 20 | | may, in addition to any other remedies, initiate an appropriate | 21 | | action in the circuit court of the county in which a junkyard | 22 | | or scrap processing facility is located, to prevent the | 23 | | unlawful establishment, operation or maintenance of a junkyard | 24 | | or scrap processing facility which is not in compliance with | 25 | | Section 3.5 of this Act, or to restrain, correct or abate a |
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| 1 | | violation of Section 3.5 of this Act. | 2 | | (b) Whoever violates any provision of this Act is guilty of | 3 | | a petty
offense for a first violation, and of a Class C | 4 | | misdemeanor for second or
subsequent violations.
| 5 | | (Source: P.A. 84-1308.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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