Full Text of SB2882 97th General Assembly
SB2882 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2882 Introduced 2/1/2012, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Adopt-A-Park Act. | 6 | | Section 5. Purpose. The Adopt-A-Park program allows | 7 | | private citizens to support municipal, township, county, and | 8 | | State anti-litter efforts by allowing groups to adopt a park or | 9 | | a section of a park for the purpose of litter collection. The | 10 | | following Sections set forth the uniform guidelines and | 11 | | requirements for the administration of Adopt-A-Park programs | 12 | | in the State of Illinois.
| 13 | | Section 10. Definitions. For the purposes of this Act: | 14 | | "Adopted section" means a portion of a park or an entire | 15 | | park identified by the sponsoring jurisdiction as a safe, | 16 | | adoptable section for adoption by a group. Sections of parks | 17 | | may be determined inappropriate for adoption for safety | 18 | | reasons. | 19 | | "Department" means the Illinois Department of Natural | 20 | | Resources. | 21 | | "Director" means the designee or designees of the | 22 | | Department or for any municipality, township, or county who has |
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| 1 | | responsibility for the administration of a park's Adopt-A-Park | 2 | | programs. | 3 | | "Group" means members or employees of civic or | 4 | | not-for-profit organizations, and commercial or private | 5 | | enterprises, who have requested to participate, or are | 6 | | participating in, an Adopt-A-Park program. | 7 | | "Group coordinator" means the individual selected by a | 8 | | group to serve as its liaison with a sponsoring jurisdiction.
| 9 | | "Group president" means the individual who is the | 10 | | recognized leader, president, or chairman for a group.
| 11 | | "Litter" means any unsightly or offensive matter that may | 12 | | include, but is not limited to, disposable packaging, | 13 | | containers, cans, bottles, paper, ashes, and cigar and | 14 | | cigarette butts. Litter does not include hazardous, heavy, | 15 | | large items, or carcasses. | 16 | | "Park" means any real property designated as a county, | 17 | | township, municipal, or State park, including, but not limited | 18 | | to, parks, memorials, conservation areas, fish and wildlife | 19 | | areas, recreational areas, boating access areas, dams, | 20 | | wetlands, trails, lakes, rivers, or canals. | 21 | | "Sponsoring jurisdiction" means the Illinois Department of | 22 | | Natural Resources or any municipality, township, or county that | 23 | | establishes Adopt-A-Park programs within its jurisdictional | 24 | | area.
| 25 | | Section 15. Participation in Adopt-A-Park program. Groups |
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| 1 | | may apply to a sponsoring jurisdiction for participation in the | 2 | | jurisdiction's Adopt-A-Park program. The sponsoring | 3 | | jurisdiction shall establish the terms and procedures groups | 4 | | must follow in applying for participation in the Adopt-A-Park | 5 | | program. | 6 | | Section 20. Agreement. | 7 | | (a) The sponsoring jurisdiction shall have sole | 8 | | responsibility in determining whether an application is | 9 | | rejected or accepted. If an application is approved, the group | 10 | | coordinator and group president shall execute a written | 11 | | agreement with the sponsoring jurisdiction that provides for | 12 | | the group's participation in the Adopt-A-Park program. | 13 | | (b) The agreement shall be in the form prescribed by the | 14 | | sponsoring jurisdiction and shall, at a minimum, contain the | 15 | | following: | 16 | | (1) an acknowledgment by the group of the hazardous
| 17 | | nature of the work involved in participating in the | 18 | | Adopt-A-Park program; | 19 | | (2) an agreement to comply with the terms and
| 20 | | conditions in the Act and any other terms and conditions | 21 | | required by the sponsoring jurisdiction; | 22 | | (3) an agreement that the volunteers or the
volunteer's | 23 | | agents shall assume all liability for and hold the State | 24 | | and the State's agents or employees harmless from any and | 25 | | all claims of action resulting from the group's volunteers |
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| 1 | | or agents work in the program, except for the negligent | 2 | | acts of the State, and the State's agents or employees; | 3 | | (4) an agreement that the volunteers or the
volunteer's | 4 | | agents shall assume all liability for and hold the | 5 | | sponsoring jurisdiction and the sponsoring jurisdiction's | 6 | | agents or employees harmless from any and all claims of | 7 | | action resulting from the group's volunteers or agents work | 8 | | in the program, except for the negligent acts of the | 9 | | sponsoring jurisdiction and the sponsoring jurisdiction's | 10 | | agents or employees; | 11 | | (5) an agreement that the members of the group are
| 12 | | jointly and severally bound by the terms and conditions set | 13 | | forth in the agreement; and | 14 | | (6) the respective responsibilities of the group and
| 15 | | the sponsoring jurisdiction as contained in Sections 25 and | 16 | | 30 of this Act.
| 17 | | Section 25. Responsibilities of the group. Groups | 18 | | participating in an Adopt-A-Park program shall: | 19 | | (1) be required to obey and abide by all laws and
| 20 | | regulations relating to safety and any other terms and | 21 | | conditions as required by the sponsoring jurisdiction; | 22 | | (2) provide one adult supervisor for every 5 youths
| 23 | | when persons under age 18 are present on an adopted | 24 | | section; | 25 | | (3) not allow a person under the age of 10 to be a
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| 1 | | member of the group who would be volunteering for the | 2 | | purpose of litter collection; | 3 | | (4) require all group members to attend a safety
| 4 | | meeting conducted by the group before participation in any | 5 | | litter collection along an adopted section;
| 6 | | (5) require the group coordinator, or designee, to
| 7 | | conduct group safety meetings and to receive safety | 8 | | training as required by the sponsoring jurisdiction; | 9 | | (6) adopt a section for a minimum of 2 years; | 10 | | (7) collect litter along an adopted section 4 times a
| 11 | | year, or as required by the director; | 12 | | (8) require the group coordinator to provide prior
| 13 | | notice, as required by the director, whenever the group | 14 | | intends to collect litter along its adopted section;
| 15 | | (9) require group members to properly wear any safety
| 16 | | apparel provided by the sponsoring jurisdiction while | 17 | | collecting litter on an adopted section; | 18 | | (10) be responsible for prohibiting members from
| 19 | | possessing, consuming, or being under the influence of | 20 | | alcohol or drugs while on an adopted section;
| 21 | | (11) maintain a first-aid kit and an adequate supply
of | 22 | | drinking water while members are collecting litter along an | 23 | | adopted section; | 24 | | (12) place litter in trashbags provided by the
| 25 | | sponsoring jurisdiction and place filled trashbags at a | 26 | | location on the adopted section as designated by the |
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| 1 | | director; and | 2 | | (13) not subcontract or assign its duties or
| 3 | | responsibilities to any other group or organization.
| 4 | | Section 30. Responsibilities of the sponsoring | 5 | | jurisdiction. The sponsoring jurisdiction shall: | 6 | | (1) determine the specific section of the park
that is | 7 | | adopted;
| 8 | | (2) erect a sign that conforms with Section 35 at
each | 9 | | end of an adopted section with the name or acronym of the | 10 | | group displayed; | 11 | | (3) provide a group with garbage bags; | 12 | | (4) provide a group with safety apparel and signs
| 13 | | cautioning the public, if required by the sponsoring | 14 | | jurisdiction; and | 15 | | (5) remove filled garbage bags from an adopted
section | 16 | | as soon as practical after litter collection has occurred, | 17 | | and shall otherwise be responsible for removing litter from | 18 | | adopted sections only under unusual circumstances such as | 19 | | to remove large, heavy, or hazardous items.
| 20 | | Section 35. Signs. Adopt-A-Park signs shall be uniform | 21 | | Statewide in terms of shape, color, text, and location. The | 22 | | Department shall develop and announce standards for | 23 | | Adopt-A-Parks signs within 90 days of the effective date of | 24 | | this Act. Nothing in this Act shall prohibit the sponsoring |
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| 1 | | jurisdiction and the Department from working cooperatively to | 2 | | carry out the intent of the Adopt-A-Park program. | 3 | | Section 40. Safety training. The sponsoring jurisdiction | 4 | | shall develop the safety training programs that are to be | 5 | | utilized by group coordinators in compliance with Section 25 of | 6 | | this Act. Safety training programs shall be appropriate for the | 7 | | various types of parks that may be adopted within a | 8 | | jurisdiction.
| 9 | | Section 45. Other conditions. | 10 | | (a) A sponsoring jurisdiction may establish other | 11 | | procedures and requirements for the administration of its | 12 | | Adopt-A-Parks programs. The procedures and requirements shall | 13 | | not be inconsistent with any provision of this Act. | 14 | | (b) The sponsoring jurisdiction shall have the right to | 15 | | terminate an agreement if a group does not meet the terms and | 16 | | conditions of its agreement, or if the group's involvement in | 17 | | the Adopt-A-Park program is inconsistent with any other | 18 | | restrictions or limitations established by the sponsoring | 19 | | jurisdiction. | 20 | | (c) No part of this Act shall prevent the execution of | 21 | | intergovernmental agreements. | 22 | | Section 50. Penalty for Litter Control Act violation. | 23 | | (a) An individual convicted of violating Section 4 or |
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| 1 | | Section 5 of the Litter Control Act by disposing of litter in a | 2 | | park may be required to adopt for 30 days a designated portion | 3 | | of that park, including the site where the offense occurred. | 4 | | (b) Item (2) of Section 30 of this Act does not apply when | 5 | | an individual is required to adopt a portion of a park under | 6 | | this Section.
| 7 | | Section 99. Effective date. This Act takes effect July 1, | 8 | | 2012.
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