Full Text of SB3064 96th General Assembly
SB3064sam002 96TH GENERAL ASSEMBLY
|
Sen. William R. Haine
Filed: 3/17/2010
|
|
09600SB3064sam002 |
|
LRB096 15292 JDS 39194 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 3064
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 3064, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The General Not For Profit Corporation Act of | 6 |
| 1986 is amended by adding Section 103.35 as follows: | 7 |
| (805 ILCS 105/103.35 new) | 8 |
| Sec. 103.35. Homeowners' association; dredging. | 9 |
| (a) Except as provided in subsection (c), a homeowners' | 10 |
| association organized under this Act may not, in its own | 11 |
| capacity or through its members or any other entity, dredge any | 12 |
| sediment or silt from a body of water located, in whole or | 13 |
| part, within a common area of the association or redeposit any | 14 |
| dredged materials on property within any area of the | 15 |
| association, unless the association complies with all of the | 16 |
| following: |
|
|
|
09600SB3064sam002 |
- 2 - |
LRB096 15292 JDS 39194 a |
|
| 1 |
| (1) The association must conduct the physical, | 2 |
| biological, chemical, and toxicological testing necessary | 3 |
| to establish that neither the disturbance of sediments and | 4 |
| silt by dredging nor the redepositing of dredged materials | 5 |
| on property within any area of the association will | 6 |
| threaten human health, safety, or the environment. | 7 |
| (2) The association must hold a meeting to vote on | 8 |
| whether to proceed with dredging, redepositing dredged | 9 |
| materials, or both. At least 30 days before the meeting, | 10 |
| the association must serve on each of its members a written | 11 |
| notice that identifies (i) the estimated quantity of | 12 |
| sediment, silt, and waste water that will be generated by | 13 |
| the dredging operation, (ii) the proposed plan to dispose | 14 |
| of the dredged materials, (iii) the estimated costs of | 15 |
| dredging and disposal, (iv) the areas that will be affected | 16 |
| by dredging and redepositing dredged materials, (v) the | 17 |
| statistically significant findings, if any, that are | 18 |
| revealed by the testing required under item (1) of this | 19 |
| subsection, (vi) the short-term and long-term health, | 20 |
| safety, and environmental risks associated with dredging | 21 |
| and redepositing dredged material on property within any | 22 |
| area of the association, and (vii) the date, time, and | 23 |
| place of the meeting. | 24 |
| (3) At the meeting, each member of the association who | 25 |
| wishes to do so shall be given an opportunity to present | 26 |
| testimony and other evidence about his or her concerns with |
|
|
|
09600SB3064sam002 |
- 3 - |
LRB096 15292 JDS 39194 a |
|
| 1 |
| the proposed action, including any concerns about the | 2 |
| impact of that action on the value of property held by | 3 |
| members of the association. Thereafter, each household of | 4 |
| the association may vote by written ballot to determine | 5 |
| whether to proceed with the proposed action. The dredging | 6 |
| and redepositing of dredged materials within any common | 7 |
| area of the association may not proceed, unless 33% of the | 8 |
| members of the homeowners' association give their written | 9 |
| approval to do so. | 10 |
| (4) The association must compensate its members for | 11 |
| reasonable costs incurred as a result of property damage | 12 |
| resulting from either dredging or redepositing dredged | 13 |
| material within any area of the association. | 14 |
| (5) The association must ensure that dredged materials | 15 |
| are not redeposited any closer than 150 feet from property | 16 |
| owned by a member of the association. | 17 |
| (b) If the requirements of this Section are not met, any | 18 |
| member of the association may obtain injunctive relief against | 19 |
| the association and its officers. | 20 |
| (c) This Section applies to all dredging and redepositing | 21 |
| of sediment and silt on and after the effective date, but this | 22 |
| Section does not apply to a homeowners' association that has | 23 |
| more than 400 members.
| 24 |
| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
|
|