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91_HB4663sam001
LRB9112702MWpkam
1 AMENDMENT TO HOUSE BILL 4663
2 AMENDMENT NO. . Amend House Bill 4663 by replacing
3 the title with the following:
4 "AN ACT concerning local government."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Southwestern Illinois Development
8 Authority Act is amended by changing Section 11.1 as follows:
9 (70 ILCS 520/11.1) (from Ch. 85, par. 6161.1)
10 Sec. 11.1. (a) No member of the Authority or officer,
11 agent, or employee of the Authority shall, in his or her own
12 name or in the name of a nominee, be an officer or director
13 of or hold an ownership of more than 7.5% in any person,
14 association, trust, corporation, partnership, or other entity
15 that is, in its own name or in the name of a nominee, a party
16 to a contract or agreement upon which the member, officer,
17 agent, or employee may be called upon to act or vote.
18 (b) With respect to any direct or any indirect interest,
19 other than an interest prohibited in subsection (a), in a
20 contract or agreement upon which the member, officer, agent,
21 or employee may be called upon to act or vote, the member,
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1 officer, agent, or employee shall disclose that interest to
2 the secretary of the Authority before the taking of final
3 action by the Authority concerning that contract or agreement
4 and shall also disclose the nature and extent of that
5 interest and his or her acquisition of that interest, which
6 disclosures shall be publicly acknowledged by the Authority
7 and entered upon the minutes of the Authority. If a member
8 of the Authority or an officer, agent, or employee of the
9 Authority holds such an interest, then he or she shall
10 refrain from any further official involvement in regard to
11 the contract or agreement, from voting on any matter
12 pertaining to the contract or agreement, and from
13 communicating with other members of the Authority or its
14 officers, agents, and employees concerning the contract or
15 agreement. Notwithstanding any other provision of law, any
16 contract or agreement entered into in conformity with this
17 subsection (b) shall not be void or invalid by reason of an
18 interest described in this subsection, nor shall any person
19 so disclosing the interest and refraining from further
20 official involvement as provided in this subsection be guilty
21 of an offense, be removed from office, or be subject to any
22 other penalty on account of that interest.
23 (c) Any contract or agreement made in violation of
24 subsection (a) or (b) is void and gives rise to no action
25 against the Authority.
26 (Source: P.A. 86-1455.)
27 Section 10. The Fox Waterway Agency Act is amended by
28 changing Section 7.1 as follows:
29 (615 ILCS 90/7.1) (from Ch. 19, par. 1208)
30 Sec. 7.1. (a) The Agency shall implement reasonable
31 programs and adopt necessary and reasonable ordinances and
32 rules to improve and maintain the Chain O Lakes - Fox River
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1 recreational waterway from the Wisconsin State line to the
2 Algonquin Dam for the purposes of boating, sailing, canoeing,
3 swimming, water skiing, rowing, iceboating, fishing, hunting
4 and other recreational uses, to help prevent or control
5 flooding of the waterway, to improve recreational uses of the
6 waterway, to prevent pollution and otherwise improve the
7 quality of the waterway, to promote tourism, and to create
8 and administer a procedure for establishing restricted areas.
9 In the case of a local ordinance relating to the
10 establishment of restricted areas, speed limits, or other
11 boating restrictions that is adopted by another unit of local
12 government and conflicts with an Agency ordinance or rule,
13 the Agency ordinance or rule shall control even if the
14 conflicting ordinance is more restrictive, except that
15 municipalities with corporate boundaries that are both
16 adjacent to and at the southern terminus of the Agency's
17 jurisdiction over the Fox River shall retain the right to
18 establish reasonable no-wake zones within their corporate
19 boundaries. The Agency may develop programs and build
20 projects to minimize pollution in the watershed from
21 otherwise entering the waterway. Prior to establishing any
22 restricted area, the Agency shall provide 21 days notice to
23 any municipality in which the proposed area borders upon or
24 is located. Notice shall be filed with the Clerk of the
25 municipality. If such a municipality, by resolution of the
26 corporate authority of the municipality, files an objection
27 to the establishing of the proposed restricted area, then
28 that restricted area shall not be approved except by a
29 favorable vote of two-thirds of the Chairman and Board of
30 Directors. All Agency programs, ordinances and rules shall be
31 in conformance with the Rivers, Lakes, and Streams Act. The
32 Agency shall coordinate efforts of State, federal and local
33 governments to improve and maintain the waterway.
34 (b) Any and all dredging, site restoration, de-watering,
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1 spoil disposal, silt management, and other related physical
2 construction, deconstruction, or reconstruction projects
3 undertaken by the Agency shall be considered to be State
4 projects being performed on behalf of the State and the
5 people of the State of Illinois. No such project shall be
6 subject to control, oversight, or permitting from any county,
7 municipality, or other unit of local government, but nothing
8 herein shall relieve the Agency from obtaining those permits
9 from the State of Illinois or the federal government that are
10 required of agencies of this State undertaking projects on
11 behalf of the State.
12 (Source: P.A. 89-162, eff. 7-19-95.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.".