Illinois 2023-2024 Regular Session

Illinois House Bill HB1568 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1568 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 615 ILCS 5/5 from Ch. 19, par. 52 615 ILCS 5/5a new 615 ILCS 5/25 from Ch. 19, par. 72 Amends the Rivers, Lakes, and Streams Act. Provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, and a violation shall be punished as otherwise provided by law and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation. LRB103 04969 HEP 49980 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1568 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: 615 ILCS 5/5 from Ch. 19, par. 52 615 ILCS 5/5a new 615 ILCS 5/25 from Ch. 19, par. 72 615 ILCS 5/5 from Ch. 19, par. 52 615 ILCS 5/5a new 615 ILCS 5/25 from Ch. 19, par. 72 Amends the Rivers, Lakes, and Streams Act. Provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, and a violation shall be punished as otherwise provided by law and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation. LRB103 04969 HEP 49980 b LRB103 04969 HEP 49980 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1568 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
3	3	615 ILCS 5/5 from Ch. 19, par. 52 615 ILCS 5/5a new 615 ILCS 5/25 from Ch. 19, par. 72 615 ILCS 5/5 from Ch. 19, par. 52 615 ILCS 5/5a new 615 ILCS 5/25 from Ch. 19, par. 72
4	4	615 ILCS 5/5 from Ch. 19, par. 52
5	5	615 ILCS 5/5a new
6	6	615 ILCS 5/25 from Ch. 19, par. 72
7	7	Amends the Rivers, Lakes, and Streams Act. Provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, and a violation shall be punished as otherwise provided by law and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation.
8	8	LRB103 04969 HEP 49980 b LRB103 04969 HEP 49980 b
9	9	LRB103 04969 HEP 49980 b
10	10	A BILL FOR
11	11	HB1568LRB103 04969 HEP 49980 b HB1568 LRB103 04969 HEP 49980 b
12	12	HB1568 LRB103 04969 HEP 49980 b
13	13	1 AN ACT concerning transportation.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Rivers, Lakes, and Streams Act is amended
17	17	5 by changing Sections 5 and 25 and by adding Section 5a as
18	18	6 follows:
19	19	7 (615 ILCS 5/5) (from Ch. 19, par. 52)
20	20	8 Sec. 5. The Department of Natural Resources shall upon
21	21	9 behalf of the State of Illinois, have jurisdiction and
22	22	10 supervision over all of the rivers and lakes of the State of
23	23	11 Illinois, wherein the State of Illinois or the people of the
24	24	12 State have any rights or interests, and shall make a list by
25	25	13 counties of all the waters of Illinois, showing the waters,
26	26	14 both navigable and non-navigable, that are found in each
27	27	15 county of the State, and if the same are lakes, the extent of
28	28	16 the shore lines and the amount, extent and area of the water
29	29	17 surface; and in a like way, if the same are rivers, and
30	30	18 specifying whether the same are navigable or non-navigable,
31	31	19 and whether they have or have not been meandered.
32	32	20 (Source: P.A. 89-445, eff. 2-7-96.)
33	33	21 (615 ILCS 5/5a new)
34	34	22 Sec. 5a. Public right to access and use navigable waters.
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1568 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
39	39	615 ILCS 5/5 from Ch. 19, par. 52 615 ILCS 5/5a new 615 ILCS 5/25 from Ch. 19, par. 72 615 ILCS 5/5 from Ch. 19, par. 52 615 ILCS 5/5a new 615 ILCS 5/25 from Ch. 19, par. 72
40	40	615 ILCS 5/5 from Ch. 19, par. 52
41	41	615 ILCS 5/5a new
42	42	615 ILCS 5/25 from Ch. 19, par. 72
43	43	Amends the Rivers, Lakes, and Streams Act. Provides that the public right to access and use navigable waters includes all rights recognized by State or federal law, including the rights set forth in the Northwest Ordinance of 1787 and the federal navigational servitude, and all rights arising under the public trust doctrine, which shall be understood and applied in a manner consistent with the spirit of the Act to maximize the full and free enjoyment of State waters by the public. Provides that any segment of a lake, river, or stream that is capable of supporting use by commercial or recreational watercraft for a substantial part of the year, or that is actually so used, shall be deemed navigable, and shall be open to public access and use, unless the contrary is proven in litigation by a preponderance of the evidence. Provides that no action or inaction by the Department of Natural Resources shall create a presumption, in any civil or criminal litigation, against the navigability of any waterway segment. Provides that the public right to access and use navigable waters shall be subject to specified protections and limitations, and a violation shall be punished as otherwise provided by law and, if likely to continue, enjoined by a court of competent jurisdiction. Provides that nothing in the Act shall limit the right of any person to challenge the legality of alleged interference with the public right to access or use navigable waters in any appropriate civil or criminal litigation.
44	44	LRB103 04969 HEP 49980 b LRB103 04969 HEP 49980 b
45	45	LRB103 04969 HEP 49980 b
46	46	A BILL FOR
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52	52	615 ILCS 5/5 from Ch. 19, par. 52
53	53	615 ILCS 5/5a new
54	54	615 ILCS 5/25 from Ch. 19, par. 72
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73	73	1 (a) The public right to access and use navigable waters
74	74	2 includes all rights recognized by State or federal law,
75	75	3 including the rights set forth in the Northwest Ordinance of
76	76	4 1787 and the federal navigational servitude, and all rights
77	77	5 arising under the public trust doctrine, which shall be
78	78	6 understood and applied in a manner consistent with the spirit
79	79	7 of Section 26 to maximize the full and free enjoyment of State
80	80	8 waters by the public. Any segment of a lake, river, or stream
81	81	9 that is capable of supporting use by commercial or
82	82	10 recreational watercraft for a substantial part of the year, or
83	83	11 that is actually so used, shall be deemed navigable under such
84	84	12 laws and this Act, and shall be open to public access and use,
85	85	13 unless the contrary is proven in litigation by a preponderance
86	86	14 of the evidence. No action or inaction by the Department of
87	87	15 Natural Resources shall create a presumption, in any civil or
88	88	16 criminal litigation, against the navigability of any waterway
89	89	17 segment.
90	90	18 (b) The public right to access and use navigable waters
91	91	19 shall be subject to the following protections and limitations,
92	92	20 a violation of which shall be punished as otherwise provided
93	93	21 by law, and, if likely to continue, enjoined by a court of
94	94	22 competent jurisdiction:
95	95	23 (1) no person shall interfere with or obstruct public
96	96	24 access to and use of navigable waters for any lawful
97	97	25 purpose;
98	98	26 (2) any person lawfully using navigable waters may
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109	109	1 touch the beds of bodies of water and adjacent riparian
110	110	2 lands as reasonably needed for the person's lawful
111	111	3 activities, but any portage on dry land shall be made in a
112	112	4 safe manner that is (i) most direct, (ii) least invasive,
113	113	5 and (iii) closest to the water;
114	114	6 (3) any person lawfully using navigable waters shall
115	115	7 refrain from littering or otherwise creating a public or
116	116	8 private nuisance; and
117	117	9 (4) any person using navigable waters shall not enter
118	118	10 or exit from a point that is not public property or a
119	119	11 public roadway without the express or implied permission
120	120	12 of the occupant or owner of the property.
121	121	13 (c) Nothing in this Section shall be construed to limit or
122	122	14 supersede the power or authority of any unit of local
123	123	15 government to regulate or police public property under the
124	124	16 ownership or control of the unit of local government,
125	125	17 including, but not limited to, any segment of a lake, river,
126	126	18 stream, or any other navigable waters, and the ingress or
127	127	19 egress thereto, or to otherwise alter the power or authority
128	128	20 granted to that unit of local government under any State law.
129	129	21 (615 ILCS 5/25) (from Ch. 19, par. 72)
130	130	22 Sec. 25. The Attorney General, any State's Attorney of any
131	131	23 county or any attorney authorized by the Department of Natural
132	132	24 Resources shall have the power to represent said Department,
133	133	25 and in the name of the State of Illinois, invoke for the
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144	144	1 purposes specified in this act, all of the power of the State
145	145	2 to prevent the wrongs and injuries herein referred to, and for
146	146	3 that purpose, such Attorney General, State's attorney or
147	147	4 authorized attorney shall be deemed to be the proper
148	148	5 representative of the State, with full power and authority
149	149	6 upon its behalf to prosecute all necessary suits or actions.
150	150	7 Nothing in this Act shall limit the right of any person to
151	151	8 challenge the legality of alleged interference with the public
152	152	9 right to access or use navigable waters in any appropriate
153	153	10 civil or criminal litigation.
154	154	11 (Source: P.A. 89-445, eff. 2-7-96.)
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