Bill Text: IL HB5645 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-27 - Tabled Pursuant to Rule 22(g) [HB5645 Detail]

Download: Illinois-2013-HB5645-Amended.html

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Rep. Sam Yingling

Filed: 3/20/2014

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AMENDMENT TO HOUSE BILL 5645
AMENDMENT NO. ______. Amend House Bill 5645 by replacing
everything after the enacting clause with the following:
"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. This declaration

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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. All authority and control over the roadways shall be
transferred to the township road district where the residential
neighborhood is located 21 days after the resolution is filed
with the highway commissioner and the county clerk. Rules,
specifications, and regulations regarding location, width,
grades, surface, and drainage structures applicable to
township road district roads that apply on the date of the
transfer shall not apply to a roadway transferred under this
Section.
(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

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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.".