Sen. Pamela J. Althoff
Filed: 4/4/2014
 
 

 

 

 
09800SB2012sam001LRB098 06501 RLC 58264 a



1
AMENDMENT TO SENATE BILL 2012




2    AMENDMENT NO. ______. Amend Senate Bill 2012 by replacing 
3everything after the enacting clause with the following:


 
4    "Section 5. The Fox Waterway Agency Act is amended by 
5adding Section 7.5a as follows:
 
6    (615 ILCS 90/7.5a new)
7    Sec. 7.5a. Public use of channels.
8    (a) If dredging and restoration work upon a channel located 
9within the territory of the Agency is paid for with boating 
10fees or other public moneys the water located within the 
11channel remains public water. The channel shall remain open and 
12accessible to the general public; however, if the channel is 
13owned or under the jurisdiction of any governmental entity or 
14agency, the general public's use of the channel shall be 
15subject to that entity or agency's authority to take charge of, 
16control, and police the channel. 
 
 
09800SB2012sam001- 2 -LRB098 06501 RLC 58264 a

1    (b) If dredging and restoration work upon a channel located 
2within the territory of the Agency is entirely paid for with 
3funds other than those generated by boating fees or other 
4public moneys, the owner of the property adjoining the channel 
5shall retain the right to close the channel to the general 
6public, provided that if a property owner closes a channel to 
7the public in accordance with this subsection (b), the property 
8owner shall post signage giving notice that the channel is a 
9private waterway and closed to the general public. 
10    (c) The provisions of this Section only apply to dredging 
11and restoration work performed on or  after the effective date 
12of this amendatory Act of the 98th General Assembly.".