HB1873 - 104th General Assembly
PUBLIC ACCESS-NAVIGABLE WATERS
House Sponsors
Rep. Janet Yang Rohr - Harry Benton - Anna Moeller - Suzanne M. Ness - Terra Costa Howard, Robert "Bob" Rita, Daniel Didech, Anne Stava-Murray, Will Guzzardi and Kelly M. Cassidy
Statutes Amended In Order of Appearance
615 ILCS 5/5from Ch. 19, par. 52
615 ILCS 5/5a new
615 ILCS 5/25from Ch. 19, par. 72
Synopsis As Introduced
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 public uses in such waters shall include boating, tubing, fishing, swimming, and wading. Requires the Department of Natural Resources to protect such public uses against interference or encroachment as provided in the Act. 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, a violation of which 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.
Actions
Date | Chamber | Action |
---|---|---|
01/29/2025 | House | Filed with the Clerk by Rep. Janet Yang Rohr |
01/29/2025 | House | First Reading |
01/29/2025 | House | Referred to Rules Committee |
02/25/2025 | House | Assigned to Energy & Environment Committee |
02/26/2025 | House | Added Co-Sponsor Rep. Robert "Bob" Rita |
03/03/2025 | House | Added Co-Sponsor Rep. Daniel Didech |
03/05/2025 | House | Added Co-Sponsor Rep. Anne Stava-Murray |
03/05/2025 | House | Added Chief Co-Sponsor Rep. Harry Benton |
03/05/2025 | House | Added Chief Co-Sponsor Rep. Anna Moeller |
03/05/2025 | House | Added Chief Co-Sponsor Rep. Suzanne M. Ness |
03/05/2025 | House | Added Chief Co-Sponsor Rep. Terra Costa Howard |
03/07/2025 | House | Added Co-Sponsor Rep. Will Guzzardi |
03/21/2025 | House | Rule 19(a) / Re-referred to Rules Committee |
03/31/2025 | House | Added Co-Sponsor Rep. Kelly M. Cassidy |
04/03/2025 | House | Added Co-Sponsor Rep. Maura Hirschauer |
04/03/2025 | House | Removed Co-Sponsor Rep. Maura Hirschauer |