Full Text of SB2718 93rd General Assembly
SB2718eng 93RD GENERAL ASSEMBLY
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| AN ACT concerning the Department of Natural Resources.
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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 Illinois Municipal Code is amended by | 5 |
| changing Sections 11-102-2 and 11-123-10 as follows:
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| (65 ILCS 5/11-102-2) (from Ch. 24, par. 11-102-2)
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| Sec. 11-102-2. Every municipality specified in Section | 8 |
| 11-102-1 may purchase,
construct, reconstruct, expand and | 9 |
| improve landing fields, landing strips,
landing floats, | 10 |
| hangers, terminal buildings and other structures relating
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| thereto and may provide terminal facilities for public | 12 |
| airports; may construct,
reconstruct and improve causeways, | 13 |
| roadways, and bridges for approaches
to or connections with the | 14 |
| landing fields, landing strips and landing floats;
and may | 15 |
| construct and maintain breakwaters for the protection of such | 16 |
| airports
with a water front. Before any work of construction is | 17 |
| commenced in, over
or upon any public waters of the state, the | 18 |
| plans and specifications therefor
shall be submitted to and | 19 |
| approved by the Department of Natural Resources
Transportation | 20 |
| of the
state.
Submission to and approval by the Department of | 21 |
| Natural Resources
Transportation is not
required for any work | 22 |
| or construction undertaken as part of the O'Hare
Modernization | 23 |
| Program as defined in Section 10 of the O'Hare Modernization
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| Act.
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| (Source: P.A. 93-450, eff. 8-6-03.)
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| (65 ILCS 5/11-123-10) (from Ch. 24, par. 11-123-10)
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| Sec. 11-123-10. Every city or village may occupy, hold, and | 28 |
| use any land
acquired by the municipality under this Division | 29 |
| 123 or under any act providing
for harbor construction. A | 30 |
| specified municipality may occupy, hold, and
use any submerged | 31 |
| land of the State of Illinois filled in or reclaimed by
the |
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| municipality in connection with or in construction of a utility | 2 |
| for
the uses and purposes provided for in this Division 123. A | 3 |
| specified municipality
may lease any of this land for a period | 4 |
| not longer than 50 years to any
person upon such terms and | 5 |
| conditions as are prescribed by ordinance, but
the ordinance | 6 |
| shall provide that the rental value of the land shall be | 7 |
| revalued
near the end of each 10 years of the rental period and | 8 |
| that the rental for
the ensuing 10 years shall be adjusted and | 9 |
| fixed in accordance with that evaluation.
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| Before such a lease becomes effective, it shall be approved | 11 |
| in writing
by the Director of Natural Resources
Secretary of | 12 |
| Transportation of the state, and, in case of approval, it
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| be authenticated by the seal of that department.
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| All money received by a specified municipality from the | 15 |
| lease of land forming
a part of any harbor development shall be | 16 |
| credited to a fund entitled the
harbor fund of that particular | 17 |
| harbor development. All money expended by
the municipality for | 18 |
| any purpose in relation to that land or in relation
to the | 19 |
| construction and maintenance of any utility, may be charged to | 20 |
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harbor fund, and that fund shall be used for no other | 21 |
| purpose.
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| (Source: P.A. 81-840.)
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| Section 10. The Chicago Park District Act is amended by | 24 |
| changing Section 26.4 as follows:
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| (70 ILCS 1505/26.4) (from Ch. 105, par. 333.23o)
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| Sec. 26.4. The Chicago Park District shall submit its plan | 27 |
| for any construction
to be undertaken under this section for | 28 |
| approval to: (a) the Department
of Natural Resources
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| Transportation of the State of Illinois,
and to (b) the proper | 30 |
| officials of the United States Government.
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| (Source: P.A. 81-840.)
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| Section 15. The River Conservancy Districts Act is amended | 33 |
| by changing Section 25 as follows:
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| (70 ILCS 2105/25) (from Ch. 42, par. 408)
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| Sec. 25. Before any work is commenced under the provisions | 3 |
| of this Act
the plans therefor shall be submitted to, and | 4 |
| approved by the Department
of Natural Resources
Transportation | 5 |
| and by the Environmental
Protection Agency of the State of | 6 |
| Illinois or its successor as may be fixed by law.
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| (Source: P.A. 81-840.)
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| Section 20. The Surface Water Protection District Act is | 9 |
| amended by changing Section 17 as follows:
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| (70 ILCS 3405/17) (from Ch. 42, par. 464)
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| Sec. 17. The board of trustees of any surface water | 12 |
| protection district
incorporated under this Act has the power | 13 |
| and it is its legal duty and obligation
to provide as nearly | 14 |
| adequate protection from surface water damage for all
persons | 15 |
| and property within the district as possible and to prescribe | 16 |
| necessary
regulations for the prevention and control of surface | 17 |
| water damage.
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| If in providing protection from surface water damage the | 19 |
| flow of water
in any stream will be thereby increased or any | 20 |
| change or improvement in
the course of any stream will be | 21 |
| required, the board shall, before commencing
the project, | 22 |
| submit proposed plans for the project to and receive approval
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| thereof by the Department of Natural Resources
Transportation
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| in accordance with the provisions of "An Act in relation to the | 25 |
| regulation
of the rivers, lakes and streams of the State of | 26 |
| Illinois", approved June
10, 1911, as amended.
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| (Source: P.A. 81-840.)
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| Section 30. The Kankakee River Dam Transfer Act is amended | 29 |
| by changing Sections 5 and 10 as follows:
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| (615 ILCS 110/5)
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| Sec. 5. Authorization to acquire. The Department of Natural |
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| Resources
Transportation , on
behalf of the State of Illinois, | 2 |
| is authorized to acquire by donation from
the City of | 3 |
| Wilmington in Will County, Illinois and other owners the
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| existing Kankakee River dam and its abutments, millrace, | 5 |
| millrace structures,
and all other improvements constructed in | 6 |
| connection with the dam; the sites on
which the dam, abutments, | 7 |
| millrace, millrace structures, and other improvements
are | 8 |
| constructed; and all water, flowage easements, and other | 9 |
| privileges at law
or in equity that the present owners or their | 10 |
| predecessors acquired in and to
the property.
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| (Source: P.A. 87-1219.)
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| (615 ILCS 110/10)
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| Sec. 10. Powers of Department of Natural Resources
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| Transportation . After the real estate
and structures described | 15 |
| in Section 5 have been acquired, the Department of Natural | 16 |
| Resources
Transportation may reconstruct, repair, restore, | 17 |
| rehabilitate, demolish,
lease for a period not to exceed 20 | 18 |
| years, sell, transfer or convey,
exchange, develop or otherwise | 19 |
| utilize these lands with their appurtenances
acquired under | 20 |
| this Act in the best interest of the State of Illinois.
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| (Source: P.A. 87-1219.)
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| Section 99. Effective date. This Act takes effect on July | 23 |
| 1, 2004.
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