SB3064sam002 96TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 3/17/2010

09600SB3064sam002 LRB096 15292 JDS 39194 a

AMENDMENT TO SENATE BILL 3064

AMENDMENT NO. ______. Amend Senate Bill 3064, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The General Not For Profit Corporation Act of 1986 is amended by adding Section 103.35 as follows:

(805 ILCS 105/103.35 new)

Sec. 103.35. Homeowners' association; dredging.

(a) Except as provided in subsection (c), a homeowners' association organized under this Act may not, in its own capacity or through its members or any other entity, dredge any sediment or silt from a body of water located, in whole or part, within a common area of the association or redeposit any dredged materials on property within any area of the association, unless the association complies with all of the following:

(1) The association must conduct the physical, biological, chemical, and toxicological testing necessary to establish that neither the disturbance of sediments and silt by dredging nor the redepositing of dredged materials on property within any area of the association will threaten human health, safety, or the environment.

(2) The association must hold a meeting to vote on whether to proceed with dredging, redepositing dredged materials, or both. At least 30 days before the meeting, the association must serve on each of its members a written notice that identifies (i) the estimated quantity of sediment, silt, and waste water that will be generated by the dredging operation, (ii) the proposed plan to dispose of the dredged materials, (iii) the estimated costs of dredging and disposal, (iv) the areas that will be affected by dredging and redepositing dredged materials, (v) the statistically significant findings, if any, that are revealed by the testing required under item (1) of this subsection, (vi) the short-term and long-term health, safety, and environmental risks associated with dredging and redepositing dredged material on property within any area of the association, and (vii) the date, time, and place of the meeting.

(3) At the meeting, each member of the association who wishes to do so shall be given an opportunity to present testimony and other evidence about his or her concerns with the proposed action, including any concerns about the impact of that action on the value of property held by members of the association. Thereafter, each household of the association may vote by written ballot to determine whether to proceed with the proposed action. The dredging and redepositing of dredged materials within any common area of the association may not proceed, unless 33% of the members of the homeowners' association give their written approval to do so.

(4) The association must compensate its members for reasonable costs incurred as a result of property damage resulting from either dredging or redepositing dredged material within any area of the association.

(5) The association must ensure that dredged materials are not redeposited any closer than 150 feet from property owned by a member of the association.

(b) If the requirements of this Section are not met, any member of the association may obtain injunctive relief against the association and its officers.

(c) This Section applies to all dredging and redepositing of sediment and silt on and after the effective date, but this Section does not apply to a homeowners' association that has more than 400 members.

Section 99. Effective date. This Act takes effect upon becoming law.".