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
3everything after the enacting clause with the following:
 
4    "Section 5. The Junkyard Act is amended by adding Section
53.5 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
2more, no person shall establish, maintain, or operate a
3junkyard or scrap processing facility within 2,640 feet of a
4school or place of worship. This Section does not apply to
5junkyards or scrap processing facilities established and in
6operation on the effective date of this amendatory Act of the
798th General Assembly.
 
8    (415 ILCS 95/7)  (from Ch. 121, par. 467)
9    Sec. 7. (a) The Department may, in addition to any other
10remedies, initiate an appropriate action in the circuit court
11of the county in which a junkyard or scrap processing facility
12is located, to prevent the unlawful establishment, operation or
13maintenance of a junkyard or scrap processing facility which is
14not in compliance with this Act, or to restrain, correct or
15abate a violation of this Act, or to prevent any illegal Act,
16conduct, business or use in or about the premises of such
17junkyard or scrap processing facility. This subsection (a) does
18not apply to violations of Section 3.5 of this Act.
19    (a-5) A municipality with a population of 2,000,000 or more
20may, in addition to any other remedies, initiate an appropriate
21action in the circuit court of the county in which a junkyard
22or scrap processing facility is located, to prevent the
23unlawful establishment, operation or maintenance of a junkyard
24or scrap processing facility which is not in compliance with
25Section 3.5 of this Act, or to restrain, correct or abate a

 

 

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1violation of Section 3.5 of this Act.
2    (b) Whoever violates any provision of this Act is guilty of
3a petty offense for a first violation, and of a Class C
4misdemeanor for second or subsequent violations.
5(Source: P.A. 84-1308.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".