HB5645 98TH GENERAL ASSEMBLY

LRB098 18917 MLW 54064 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5645

Introduced , by Rep. Sam Yingling

SYNOPSIS AS INTRODUCED:

605 ILCS 5/6-134 new

Amends the Illinois Highway Code. Provides that a residential neighborhood within the unincorporated boundaries of a township road district whose private roadways are maintained by a homeowner's association or other neighborhood association may vote to turn authority and control over its roadways to the township road district. Provides notice and voting requirements for members of the neighborhood organization. Provides that roads to be turned over to the township road district in this manner must meet the following criteria: (1) be located within the boundaries of a county whose population is no less than 500,000 people; (2) lie within a neighborhood where the majority of the neighborhood was platted before 1970; (3) the neighborhood organization must consist of more than 5 residential units; and (4) the neighborhood cannot be part of a gated community, have a guard post, or have any physical obstructions that prevent ongoing and regular access by the general public.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Highway Code is amended by adding Section 6-134 as follows:

(605 ILCS 5/6-134 new)

Sec. 6-134. Township road district; private roadways.

(a) For purposes of this Section, a "neighborhood organization" includes a homeowners' association, property owners' association, or any similar entity.

(b) A neighborhood organization that oversees a residential neighborhood that (A) exists within the unincorporated boundaries of any township road district; and (B) has residential roadways considered to be private roadways maintained by the neighborhood organization may vote to declare the private roadways to be public roadways. Upon declaring the neighborhood's private roadways to be public roadways, all authority and control over the roadways shall be transferred to the township road district within which the residential neighborhood is located. This declaration must be in the form of a resolution drafted by the neighborhood organization and voted on by the neighborhood organization's members as described in this Section. If the resolution is approved the neighborhood organization must submit the approved resolution to the highway commissioner and the county clerk.

(c) The governing board of any neighborhood organization seeking to transfer the private roadways under its jurisdiction to the public must:

(1) provide members ample notification of the vote, its purpose, and the date and time of the meeting when the vote is to be held, no less than 14 days before; and

(2) obtain a majority of affirmative votes of those present at the meeting.

(d) This Section shall only apply to areas that meet the following qualifications:

(1) the roadways to be turned over must be located within the boundaries of a county whose population is no less than 500,000 people as determined by the most recent U.S. Census;

(2) the majority of the neighborhood which the neighborhood organization oversees was platted before 1970;

(3) the neighborhood organization must be comprised of more than 5 residential units; and

(4) the roadways cannot be part of a gated community, have a guard post, or have any physical obstructions that prevent ongoing and regular access by the general public.