HB5015 100TH GENERAL ASSEMBLY

LRB100 16632 SLF 31769 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5015

Introduced , by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

20 ILCS 805/805-40	was 20 ILCS 805/63a41
20 ILCS 805/805-45

Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Amends provisions concerning the Department of Natural Resources Adopt-A-Park and Adopt-A-Trail programs. Provides that a volunteer may bring his or her own light equipment, including, but not limited to, a lawn mower, chainsaw, or other appropriate equipment to carry out functions granted by the Department at his or her own risk, so long as it does not interfere with work historically performed by Department employees.

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 5. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by changing Sections 805-40 and 805-45 as follows:

(20 ILCS 805/805-40) (was 20 ILCS 805/63a41)

Sec. 805-40. Adopt-A-Park program. The Department shall establish and maintain Adopt-A-Park programs with individual or group volunteers, if requested by an individual or group volunteers, in an effort to reduce and remove litter from parks and park lands and to provide other services. The Department shall retain the ability to approve or deny an individual or group volunteer's request; however, the Department must state the reason for the request denial. These programs shall include but not be limited to the following:

(1) Providing and coordinating services by volunteers to reduce the amount of litter, including providing trash bags and trash bag pickup and, in designated areas where volunteers may be in close proximity to moving vehicles. Individuals or volunteers must bring their own reflective safety gear.

(2) The Department shall provide a certificate of appreciation to individual or group volunteers as recognition of their Adopt-A-Park efforts at a particular Department site.

(3) Volunteer services shall not include work historically performed by Department employees, including services that result in a reduction of hours or compensation or that may be performed by an employee on layoff; nor shall volunteer services be inconsistent with the terms of a collective bargaining agreement.

(4) A volunteer may bring his or her own light equipment, including, but not limited to, a lawn mower, chainsaw, or other appropriate equipment to carry out functions granted by the Department at his or her own risk, so long as it does not interfere with work historically performed by Department employees.

The State and the Department, its directors, employees, and agents shall not be liable for any damages or injury suffered by any person resulting from his or her participation in the program or from the actions or activities of the volunteers, except in cases of willful and wanton misconduct. Any group and its individual members who wish to volunteer or any individual who wishes to volunteer is required to execute a general release and hold harmless agreement before beginning any volunteer activity or work. An officer, director, or other representative of any group shall also be required to execute a general release and hold harmless on behalf of a group. The agreement shall be prepared and provided by the Department.

By engaging in volunteer activities under this Act, volunteers fully acknowledge and understand that there shall be neither any (1) promise or expectation of compensation of any type, including benefits, nor (2) creation of an employer-employee relationship. The Prevailing Wage Act and the administrative rules adopted thereunder, 56 Ill. Adm. Code 100, shall not apply to any Department project or job in which volunteers are utilized under the Adopt-A-Park program.

(Source: P.A. 97-1082, eff. 8-24-12.)

(20 ILCS 805/805-45)

Sec. 805-45. Adopt-a-Trail program.

(a) The Department shall establish an "Adopt-a-Trail" program that will allow volunteer groups to assist in maintaining and enhancing trails on State owned land.

(b) Subject to subsection (c) of this Section, volunteer groups in the Adopt-a-Trail program may adopt any available trail or trail segment and may choose any one or more of the following volunteer activities:

(1) spring cleanups;

(2) accessibility projects;

(3) special events;

(4) trail maintenance, enhancement, or realignment;

(5) public information and assistance; or

(6) training.

The Department shall designate and approve specific activities to be performed by a volunteer group in the Adopt-a-Trail program which shall be executed with an approved Adopt-a-Trail agreement. Volunteer services shall not include work historically performed by Department employees, including services that result in a reduction of hours or compensation or that may be performed by an employee on layoff, ; nor shall volunteer services be inconsistent with the terms of a collective bargaining agreement. A volunteer may bring his or her own light equipment, including, but not limited to, a lawn mower, chainsaw, or other appropriate equipment to carry out functions granted by the Department at his or her own risk, so long as it does not interfere with work historically performed by Department employees. The Department may provide for more than one volunteer group to adopt an eligible trail or trail segment.

(c) If the Department operates other programs in the vicinity of the trail that allows volunteers to participate in the Department's Adopt-A-Park Adopt-a-park program or other resource, the Department shall coordinate these programs to provide for efficient and effective volunteer programs in the area.

(d) A volunteer group that wishes to participate in the Adopt-a-Trail program shall submit an application to the Department on a form provided by the Department. Volunteer groups shall agree to the following:

(1) volunteer groups shall participate in the program for at least a 2-year period;

(2) volunteer groups shall consist of at least 6 people who are 18 years of age or older, unless the volunteer group is a school or scout organization, in which case the volunteers may be under 18 years of age, but supervised by someone over the age of 18;

(3) volunteer groups shall contribute a total of at least 200 service hours over a 2-year period;

(4) volunteer groups shall only execute Adopt-a-Trail projects and activities after a volunteer project agreement has been completed and approved by the Department; and

(5) volunteer groups shall comply with all reasonable requirements of the Department.

(Source: P.A. 100-180, eff. 8-18-17; revised 10-5-17.)