Illinois General Assembly - Full Text of HB5015
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Full Text of HB5015  100th General Assembly

HB5015 100TH GENERAL ASSEMBLY

  
  

 


 
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.


LRB100 16632 SLF 31769 b

 

 

A BILL FOR

 

HB5015LRB100 16632 SLF 31769 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by changing Sections 805-40 and 805-45 as follows:
 
7    (20 ILCS 805/805-40)  (was 20 ILCS 805/63a41)
8    Sec. 805-40. Adopt-A-Park program. The Department shall
9establish and maintain Adopt-A-Park programs with individual
10or group volunteers, if requested by an individual or group
11volunteers, in an effort to reduce and remove litter from parks
12and park lands and to provide other services. The Department
13shall retain the ability to approve or deny an individual or
14group volunteer's request; however, the Department must state
15the reason for the request denial. These programs shall include
16but not be limited to the following:
17        (1) Providing and coordinating services by volunteers
18    to reduce the amount of litter, including providing trash
19    bags and trash bag pickup and, in designated areas where
20    volunteers may be in close proximity to moving vehicles.
21    Individuals or volunteers must bring their own reflective
22    safety gear.
23        (2) The Department shall provide a certificate of

 

 

HB5015- 2 -LRB100 16632 SLF 31769 b

1    appreciation to individual or group volunteers as
2    recognition of their Adopt-A-Park efforts at a particular
3    Department site.
4        (3) Volunteer services shall not include work
5    historically performed by Department employees, including
6    services that result in a reduction of hours or
7    compensation or that may be performed by an employee on
8    layoff; nor shall volunteer services be inconsistent with
9    the terms of a collective bargaining agreement.
10        (4) A volunteer may bring his or her own light
11    equipment, including, but not limited to, a lawn mower,
12    chainsaw, or other appropriate equipment to carry out
13    functions granted by the Department at his or her own risk,
14    so long as it does not interfere with work historically
15    performed by Department employees.
16    The State and the Department, its directors, employees, and
17agents shall not be liable for any damages or injury suffered
18by any person resulting from his or her participation in the
19program or from the actions or activities of the volunteers,
20except in cases of willful and wanton misconduct. Any group and
21its individual members who wish to volunteer or any individual
22who wishes to volunteer is required to execute a general
23release and hold harmless agreement before beginning any
24volunteer activity or work. An officer, director, or other
25representative of any group shall also be required to execute a
26general release and hold harmless on behalf of a group. The

 

 

HB5015- 3 -LRB100 16632 SLF 31769 b

1agreement shall be prepared and provided by the Department.
2    By engaging in volunteer activities under this Act,
3volunteers fully acknowledge and understand that there shall be
4neither any (1) promise or expectation of compensation of any
5type, including benefits, nor (2) creation of an
6employer-employee relationship. The Prevailing Wage Act and
7the administrative rules adopted thereunder, 56 Ill. Adm. Code
8100, shall not apply to any Department project or job in which
9volunteers are utilized under the Adopt-A-Park program.
10(Source: P.A. 97-1082, eff. 8-24-12.)
 
11    (20 ILCS 805/805-45)
12    Sec. 805-45. Adopt-a-Trail program.
13    (a) The Department shall establish an "Adopt-a-Trail"
14program that will allow volunteer groups to assist in
15maintaining and enhancing trails on State owned land.
16    (b) Subject to subsection (c) of this Section, volunteer
17groups in the Adopt-a-Trail program may adopt any available
18trail or trail segment and may choose any one or more of the
19following volunteer activities:
20        (1) spring cleanups;
21        (2) accessibility projects;
22        (3) special events;
23        (4) trail maintenance, enhancement, or realignment;
24        (5) public information and assistance; or
25        (6) training.

 

 

HB5015- 4 -LRB100 16632 SLF 31769 b

1    The Department shall designate and approve specific
2activities to be performed by a volunteer group in the
3Adopt-a-Trail program which shall be executed with an approved
4Adopt-a-Trail agreement. Volunteer services shall not include
5work historically performed by Department employees, including
6services that result in a reduction of hours or compensation or
7that may be performed by an employee on layoff, ; nor shall
8volunteer services be inconsistent with the terms of a
9collective bargaining agreement. A volunteer may bring his or
10her own light equipment, including, but not limited to, a lawn
11mower, chainsaw, or other appropriate equipment to carry out
12functions granted by the Department at his or her own risk, so
13long as it does not interfere with work historically performed
14by Department employees. The Department may provide for more
15than one volunteer group to adopt an eligible trail or trail
16segment.
17    (c) If the Department operates other programs in the
18vicinity of the trail that allows volunteers to participate in
19the Department's Adopt-A-Park Adopt-a-park program or other
20resource, the Department shall coordinate these programs to
21provide for efficient and effective volunteer programs in the
22area.
23    (d) A volunteer group that wishes to participate in the
24Adopt-a-Trail program shall submit an application to the
25Department on a form provided by the Department. Volunteer
26groups shall agree to the following:

 

 

HB5015- 5 -LRB100 16632 SLF 31769 b

1        (1) volunteer groups shall participate in the program
2    for at least a 2-year period;
3        (2) volunteer groups shall consist of at least 6 people
4    who are 18 years of age or older, unless the volunteer
5    group is a school or scout organization, in which case the
6    volunteers may be under 18 years of age, but supervised by
7    someone over the age of 18;
8        (3) volunteer groups shall contribute a total of at
9    least 200 service hours over a 2-year period;
10        (4) volunteer groups shall only execute Adopt-a-Trail
11    projects and activities after a volunteer project
12    agreement has been completed and approved by the
13    Department; and
14        (5) volunteer groups shall comply with all reasonable
15    requirements of the Department.
16(Source: P.A. 100-180, eff. 8-18-17; revised 10-5-17.)