SB2882 97TH GENERAL ASSEMBLY

LRB097 17114 CEL 62312 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2882

Introduced 2/1/2012, by Sen. Sue Rezin

SYNOPSIS AS INTRODUCED:

New Act

Creates the Adopt-A-Park Act. Establishes a program that allows private citizens to support municipal, township, county, and State anti-litter efforts by allowing groups to adopt a park or a section of a park for the purpose of litter collection. Creates provisions concerning definitions; participation in Adopt-A-Park program; agreements to Adopt-A-Park; responsibilities of the group; responsibilities of the sponsoring jurisdiction; signs identifying sections or parks adopted by a group; safety training for groups; other conditions a sponsoring jurisdiction may implement; and additional penalties for violating the Litter Control Act. Effective July 1, 2012.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Adopt-A-Park Act.

Section 5. Purpose. The Adopt-A-Park program allows private citizens to support municipal, township, county, and State anti-litter efforts by allowing groups to adopt a park or a section of a park for the purpose of litter collection. The following Sections set forth the uniform guidelines and requirements for the administration of Adopt-A-Park programs in the State of Illinois.

Section 10. Definitions. For the purposes of this Act:

"Adopted section" means a portion of a park or an entire park identified by the sponsoring jurisdiction as a safe, adoptable section for adoption by a group. Sections of parks may be determined inappropriate for adoption for safety reasons.

"Department" means the Illinois Department of Natural Resources.

"Director" means the designee or designees of the Department or for any municipality, township, or county who has responsibility for the administration of a park's Adopt-A-Park programs.

"Group" means members or employees of civic or not-for-profit organizations, and commercial or private enterprises, who have requested to participate, or are participating in, an Adopt-A-Park program.

"Group coordinator" means the individual selected by a group to serve as its liaison with a sponsoring jurisdiction.

"Group president" means the individual who is the recognized leader, president, or chairman for a group.

"Litter" means any unsightly or offensive matter that may include, but is not limited to, disposable packaging, containers, cans, bottles, paper, ashes, and cigar and cigarette butts. Litter does not include hazardous, heavy, large items, or carcasses.

"Park" means any real property designated as a county, township, municipal, or State park, including, but not limited to, parks, memorials, conservation areas, fish and wildlife areas, recreational areas, boating access areas, dams, wetlands, trails, lakes, rivers, or canals.

"Sponsoring jurisdiction" means the Illinois Department of Natural Resources or any municipality, township, or county that establishes Adopt-A-Park programs within its jurisdictional area.

Section 15. Participation in Adopt-A-Park program. Groups may apply to a sponsoring jurisdiction for participation in the jurisdiction's Adopt-A-Park program. The sponsoring jurisdiction shall establish the terms and procedures groups must follow in applying for participation in the Adopt-A-Park program.

Section 20. Agreement.

(a) The sponsoring jurisdiction shall have sole responsibility in determining whether an application is rejected or accepted. If an application is approved, the group coordinator and group president shall execute a written agreement with the sponsoring jurisdiction that provides for the group's participation in the Adopt-A-Park program.

(b) The agreement shall be in the form prescribed by the sponsoring jurisdiction and shall, at a minimum, contain the following:

(1) an acknowledgment by the group of the hazardous nature of the work involved in participating in the Adopt-A-Park program;

(2) an agreement to comply with the terms and conditions in the Act and any other terms and conditions required by the sponsoring jurisdiction;

(3) an agreement that the volunteers or the volunteer's agents shall assume all liability for and hold the State and the State's agents or employees harmless from any and all claims of action resulting from the group's volunteers or agents work in the program, except for the negligent acts of the State, and the State's agents or employees;

(4) an agreement that the volunteers or the volunteer's agents shall assume all liability for and hold the sponsoring jurisdiction and the sponsoring jurisdiction's agents or employees harmless from any and all claims of action resulting from the group's volunteers or agents work in the program, except for the negligent acts of the sponsoring jurisdiction and the sponsoring jurisdiction's agents or employees;

(5) an agreement that the members of the group are jointly and severally bound by the terms and conditions set forth in the agreement; and

(6) the respective responsibilities of the group and the sponsoring jurisdiction as contained in Sections 25 and 30 of this Act.

Section 25. Responsibilities of the group. Groups participating in an Adopt-A-Park program shall:

(1) be required to obey and abide by all laws and regulations relating to safety and any other terms and conditions as required by the sponsoring jurisdiction;

(2) provide one adult supervisor for every 5 youths when persons under age 18 are present on an adopted section;

(3) not allow a person under the age of 10 to be a member of the group who would be volunteering for the purpose of litter collection;

(4) require all group members to attend a safety meeting conducted by the group before participation in any litter collection along an adopted section;

(5) require the group coordinator, or designee, to conduct group safety meetings and to receive safety training as required by the sponsoring jurisdiction;

(6) adopt a section for a minimum of 2 years;

(7) collect litter along an adopted section 4 times a year, or as required by the director;

(8) require the group coordinator to provide prior notice, as required by the director, whenever the group intends to collect litter along its adopted section;

(9) require group members to properly wear any safety apparel provided by the sponsoring jurisdiction while collecting litter on an adopted section;

(10) be responsible for prohibiting members from possessing, consuming, or being under the influence of alcohol or drugs while on an adopted section;

(11) maintain a first-aid kit and an adequate supply of drinking water while members are collecting litter along an adopted section;

(12) place litter in trashbags provided by the sponsoring jurisdiction and place filled trashbags at a location on the adopted section as designated by the director; and

(13) not subcontract or assign its duties or responsibilities to any other group or organization.

Section 30. Responsibilities of the sponsoring jurisdiction. The sponsoring jurisdiction shall:

(1) determine the specific section of the park that is adopted;

(2) erect a sign that conforms with Section 35 at each end of an adopted section with the name or acronym of the group displayed;

(3) provide a group with garbage bags;

(4) provide a group with safety apparel and signs cautioning the public, if required by the sponsoring jurisdiction; and

(5) remove filled garbage bags from an adopted section as soon as practical after litter collection has occurred, and shall otherwise be responsible for removing litter from adopted sections only under unusual circumstances such as to remove large, heavy, or hazardous items.

Section 35. Signs. Adopt-A-Park signs shall be uniform Statewide in terms of shape, color, text, and location. The Department shall develop and announce standards for Adopt-A-Parks signs within 90 days of the effective date of this Act. Nothing in this Act shall prohibit the sponsoring jurisdiction and the Department from working cooperatively to carry out the intent of the Adopt-A-Park program.

Section 40. Safety training. The sponsoring jurisdiction shall develop the safety training programs that are to be utilized by group coordinators in compliance with Section 25 of this Act. Safety training programs shall be appropriate for the various types of parks that may be adopted within a jurisdiction.

Section 45. Other conditions.

(a) A sponsoring jurisdiction may establish other procedures and requirements for the administration of its Adopt-A-Parks programs. The procedures and requirements shall not be inconsistent with any provision of this Act.

(b) The sponsoring jurisdiction shall have the right to terminate an agreement if a group does not meet the terms and conditions of its agreement, or if the group's involvement in the Adopt-A-Park program is inconsistent with any other restrictions or limitations established by the sponsoring jurisdiction.

(c) No part of this Act shall prevent the execution of intergovernmental agreements.

Section 50. Penalty for Litter Control Act violation.

(a) An individual convicted of violating Section 4 or Section 5 of the Litter Control Act by disposing of litter in a park may be required to adopt for 30 days a designated portion of that park, including the site where the offense occurred.

(b) Item (2) of Section 30 of this Act does not apply when an individual is required to adopt a portion of a park under this Section.

Section 99. Effective date. This Act takes effect July 1, 2012.