Full Text of SB3064 96th General Assembly
SB3064eng 96TH GENERAL ASSEMBLY
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LRB096 15292 JDS 30394 b |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The General Not For Profit Corporation Act of | 5 |
| 1986 is amended by adding Section 103.35 as follows: | 6 |
| (805 ILCS 105/103.35 new) | 7 |
| Sec. 103.35. Homeowners' association; dredging. | 8 |
| (a) Except as provided in subsection (c), a homeowners' | 9 |
| association organized under this Act may not, in its own | 10 |
| capacity or through its members or any other entity, dredge any | 11 |
| sediment or silt from a body of water located, in whole or | 12 |
| part, within a common area of the association or redeposit any | 13 |
| dredged materials on property within any area of the | 14 |
| association, unless the association complies with all of the | 15 |
| following: | 16 |
| (1) The association must conduct the physical, | 17 |
| biological, chemical, and toxicological testing necessary | 18 |
| to establish that neither the disturbance of sediments and | 19 |
| silt by dredging nor the redepositing of dredged materials | 20 |
| on property within any area of the association will | 21 |
| threaten human health, safety, or the environment. | 22 |
| (2) The association must hold a meeting to vote on | 23 |
| whether to proceed with dredging, redepositing dredged |
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LRB096 15292 JDS 30394 b |
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| materials, or both. At least 30 days before the meeting, | 2 |
| the association must serve on each of its members a written | 3 |
| notice that identifies (i) the estimated quantity of | 4 |
| sediment, silt, and waste water that will be generated by | 5 |
| the dredging operation, (ii) the proposed plan to dispose | 6 |
| of the dredged materials, (iii) the estimated costs of | 7 |
| dredging and disposal, (iv) the areas that will be affected | 8 |
| by dredging and redepositing dredged materials, (v) the | 9 |
| statistically significant findings, if any, that are | 10 |
| revealed by the testing required under item (1) of this | 11 |
| subsection, (vi) the short-term and long-term health, | 12 |
| safety, and environmental risks associated with dredging | 13 |
| and redepositing dredged material on property within any | 14 |
| area of the association, and (vii) the date, time, and | 15 |
| place of the meeting. | 16 |
| (3) At the meeting, each member of the association who | 17 |
| wishes to do so shall be given an opportunity to present | 18 |
| testimony and other evidence about his or her concerns with | 19 |
| the proposed action, including any concerns about the | 20 |
| impact of that action on the value of property held by | 21 |
| members of the association. Thereafter, each household of | 22 |
| the association may vote by written ballot to determine | 23 |
| whether to proceed with the proposed action. The dredging | 24 |
| and redepositing of dredged materials within any common | 25 |
| area of the association may not proceed, unless 33% of the | 26 |
| members of the homeowners' association give their written |
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LRB096 15292 JDS 30394 b |
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| approval to do so. | 2 |
| (4) The association must compensate its members for | 3 |
| reasonable costs incurred as a result of property damage | 4 |
| resulting from either dredging or redepositing dredged | 5 |
| material within any area of the association. | 6 |
| (5) The association must ensure that dredged materials | 7 |
| are not redeposited any closer than 150 feet from property | 8 |
| owned by a member of the association. | 9 |
| (b) If the requirements of this Section are not met, any | 10 |
| member of the association may obtain injunctive relief against | 11 |
| the association and its officers. | 12 |
| (c) This Section applies to all dredging and redepositing | 13 |
| of sediment and silt on and after the effective date, but this | 14 |
| Section does not apply to a homeowners' association that has | 15 |
| more than 400 members.
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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