Full Text of SB2843 97th General Assembly
SB2843 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2843 Introduced 1/24/2012, by Sen. Pamela J. Althoff SYNOPSIS AS INTRODUCED: |
| 615 ILCS 90/3 | from Ch. 19, par. 1203 | 615 ILCS 90/3.1 new | | 615 ILCS 90/3.2 new | | 615 ILCS 90/6 | from Ch. 19, par. 1206 |
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Amends the Fox Waterway Agency Act. Modifies the definition of "Waterway" to include the term "Chain of Lakes Fox River Recreational Waterway" and all streams, side channels, and improved channels that connect with, discharge into, or are open to the river. Provides that all waters within the waterway are public waters which the public has a right to use and enjoy. Provides that the public's right to navigate includes the right to incidentally touch private property as required for safe passage and continued movement and to portage around a dangerous obstruction in the water, if portage is made in a manner that is the most direct, least invasive, and closest to the water. Provides that public water may not be accessed from private property without the permission of the owner of the private property. Provides that a person may not, unless authorized by law, close off or otherwise bar access to any public water in the waterway or prevent any person from exercising the right to navigate upon public water without authorization of other law. Provides that nothing in the new provisions shall be construed as limiting or enlarging any right granted by express easement or otherwise provided by law. Provides that the executive director of the Fox Waterway Agency shall be a person of recognized ability in business or waterway management, instead of "at a minimum, have graduated from a four-year college
or
university (or the equivalent) in civil engineering, biology or
public administration or a closely related field".
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fox Waterway Agency Act is amended by | 5 | | changing Sections 3 and 6 and by adding Sections 3.1 and 3.2 as | 6 | | follows:
| 7 | | (615 ILCS 90/3) (from Ch. 19, par. 1203)
| 8 | | Sec. 3. As used in this Act, unless the context otherwise | 9 | | requires:
| 10 | | (a) "Agency" means the Fox Waterway Agency
created by this | 11 | | Act.
| 12 | | (b) "Board" means the board of directors of the Fox | 13 | | Waterway Agency.
| 14 | | (c) "Director" means a member of the board of directors of | 15 | | the Fox Waterway Agency.
| 16 | | (d) "Member County" means that portion of either Lake | 17 | | County or McHenry
County which lies within the territory of the | 18 | | Agency.
| 19 | | (e) "Chain of Lakes Fox River Recreational Waterway" or | 20 | | "waterway" "Waterway" means the Fox River and all streams, side | 21 | | channels, and improved channels that connect with, discharge | 22 | | into, or are open to the river, and interconnecting lakes | 23 | | commonly
known as the Chain O Lakes from the Wisconsin State |
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| 1 | | line to the Algonquin
Dam, all within the State of Illinois.
| 2 | | (Source: P.A. 89-162, eff. 7-19-95.)
| 3 | | (615 ILCS 90/3.1 new) | 4 | | Sec. 3.1. Public use of the waterway. All waters within the | 5 | | waterway are public waters which the public has a right to use | 6 | | and enjoy. | 7 | | (615 ILCS 90/3.2 new) | 8 | | Sec. 3.2. Public waters over private lands. | 9 | | (a) The public has the right to navigate upon public waters | 10 | | over private property. The public's right to navigate includes | 11 | | the right to incidentally touch private property as required | 12 | | for safe passage and continued movement and to portage around a | 13 | | dangerous obstruction in the water, if portage is made in a | 14 | | manner that is the most direct, least invasive, and closest to | 15 | | the water. Public water may not be accessed from private | 16 | | property without the permission of the owner of the private | 17 | | property. | 18 | | (b) Unless authorized by other law, a person may not close | 19 | | off or otherwise bar access to any public water in the waterway | 20 | | or prevent any person from exercising the right to navigate | 21 | | upon public water. | 22 | | (c) Nothing in this Section shall be construed as limiting | 23 | | or enlarging any right granted by express easement or otherwise | 24 | | provided by law.
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| 1 | | (615 ILCS 90/6) (from Ch. 19, par. 1206)
| 2 | | Sec. 6.
The Board shall meet as soon as practicable after | 3 | | the directors
assume the duties of office and shall meet at | 4 | | least 6 times annually or
more often at the discretion of the | 5 | | Chairman or upon the request of 2/3
of the directors.
The Board | 6 | | shall select from its membership a Secretary and a Treasurer.
| 7 | | The Treasurer shall be custodian of all Agency funds and shall | 8 | | be bonded
in such amount as the other members designate.
The | 9 | | Chairman shall have the power to vote only in the event of a | 10 | | tie, but
shall fully participate as a director in all other | 11 | | respects. Directors
and the Chairman may be compensated at the | 12 | | discretion of the Board in the sum
of up to $3,000 per year for | 13 | | each director and up to $5,000 per year for the
chairman, | 14 | | effective immediately upon approval of the Board. The Board | 15 | | members
shall also be reimbursed
for ordinary and necessary | 16 | | expenses incurred in performing their duties under
this Act.
| 17 | | The Board shall appoint a person to serve as executive | 18 | | director, who shall
act
as the
chief administrative officer of | 19 | | the Agency and oversee and administer the daily
function and | 20 | | staff of the Agency, in accordance with Board policy. The
| 21 | | executive director shall be a person of recognized ability in | 22 | | business or waterway management must, at a minimum, have | 23 | | graduated from a four-year college
or
university (or the | 24 | | equivalent) in civil engineering, biology or
public | 25 | | administration or a closely related field .
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| 1 | | (Source: P.A. 89-162, eff. 7-19-95.)
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