SB2843 97TH GENERAL ASSEMBLY

LRB097 17262 HEP 62463 b

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

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".

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Fox Waterway Agency Act is amended by changing Sections 3 and 6 and by adding Sections 3.1 and 3.2 as follows:

(615 ILCS 90/3) (from Ch. 19, par. 1203)

Sec. 3. As used in this Act, unless the context otherwise requires:

(a) "Agency" means the Fox Waterway Agency created by this Act.

(b) "Board" means the board of directors of the Fox Waterway Agency.

(c) "Director" means a member of the board of directors of the Fox Waterway Agency.

(d) "Member County" means that portion of either Lake County or McHenry County which lies within the territory of the Agency.

(e) "Chain of Lakes Fox River Recreational Waterway" or "waterway" "Waterway" means the Fox River and all streams, side channels, and improved channels that connect with, discharge into, or are open to the river, and interconnecting lakes commonly known as the Chain O Lakes from the Wisconsin State line to the Algonquin Dam, all within the State of Illinois.

(Source: P.A. 89-162, eff. 7-19-95.)

(615 ILCS 90/3.1 new)

Sec. 3.1. Public use of the waterway. All waters within the waterway are public waters which the public has a right to use and enjoy.

(615 ILCS 90/3.2 new)

Sec. 3.2. Public waters over private lands.

(a) The public has the right to navigate upon public waters over private property. 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. Public water may not be accessed from private property without the permission of the owner of the private property.

(b) Unless authorized by other law, a person may not 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.

(c) Nothing in this Section shall be construed as limiting or enlarging any right granted by express easement or otherwise provided by law.

(615 ILCS 90/6) (from Ch. 19, par. 1206)

Sec. 6. The Board shall meet as soon as practicable after the directors assume the duties of office and shall meet at least 6 times annually or more often at the discretion of the Chairman or upon the request of 2/3 of the directors. The Board shall select from its membership a Secretary and a Treasurer. The Treasurer shall be custodian of all Agency funds and shall be bonded in such amount as the other members designate. The Chairman shall have the power to vote only in the event of a tie, but shall fully participate as a director in all other respects. Directors and the Chairman may be compensated at the discretion of the Board in the sum of up to $3,000 per year for each director and up to $5,000 per year for the chairman, effective immediately upon approval of the Board. The Board members shall also be reimbursed for ordinary and necessary expenses incurred in performing their duties under this Act. The Board shall appoint a person to serve as executive director, who shall act as the chief administrative officer of the Agency and oversee and administer the daily function and staff of the Agency, in accordance with Board policy. The executive director shall be a person of recognized ability in business or waterway management must, 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.

(Source: P.A. 89-162, eff. 7-19-95.)