Illinois General Assembly - Full Text of SB2882
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Full Text of SB2882  97th General Assembly




State of Illinois
2011 and 2012


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


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.

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SB2882LRB097 17114 CEL 62312 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 1. Short title. This Act may be cited as the
5Adopt-A-Park Act.
6    Section 5. Purpose. The Adopt-A-Park program allows
7private citizens to support municipal, township, county, and
8State anti-litter efforts by allowing groups to adopt a park or
9a section of a park for the purpose of litter collection. The
10following Sections set forth the uniform guidelines and
11requirements for the administration of Adopt-A-Park programs
12in 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
15park identified by the sponsoring jurisdiction as a safe,
16adoptable section for adoption by a group. Sections of parks
17may be determined inappropriate for adoption for safety
19    "Department" means the Illinois Department of Natural
21    "Director" means the designee or designees of the
22Department or for any municipality, township, or county who has



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1responsibility for the administration of a park's Adopt-A-Park
3    "Group" means members or employees of civic or
4not-for-profit organizations, and commercial or private
5enterprises, who have requested to participate, or are
6participating in, an Adopt-A-Park program.
7    "Group coordinator" means the individual selected by a
8group to serve as its liaison with a sponsoring jurisdiction.
9    "Group president" means the individual who is the
10recognized leader, president, or chairman for a group.
11    "Litter" means any unsightly or offensive matter that may
12include, but is not limited to, disposable packaging,
13containers, cans, bottles, paper, ashes, and cigar and
14cigarette butts. Litter does not include hazardous, heavy,
15large items, or carcasses.
16    "Park" means any real property designated as a county,
17township, municipal, or State park, including, but not limited
18to, parks, memorials, conservation areas, fish and wildlife
19areas, recreational areas, boating access areas, dams,
20wetlands, trails, lakes, rivers, or canals.
21    "Sponsoring jurisdiction" means the Illinois Department of
22Natural Resources or any municipality, township, or county that
23establishes Adopt-A-Park programs within its jurisdictional
25    Section 15. Participation in Adopt-A-Park program. Groups



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1may apply to a sponsoring jurisdiction for participation in the
2jurisdiction's Adopt-A-Park program. The sponsoring
3jurisdiction shall establish the terms and procedures groups
4must follow in applying for participation in the Adopt-A-Park
6    Section 20. Agreement.
7    (a) The sponsoring jurisdiction shall have sole
8responsibility in determining whether an application is
9rejected or accepted. If an application is approved, the group
10coordinator and group president shall execute a written
11agreement with the sponsoring jurisdiction that provides for
12the group's participation in the Adopt-A-Park program.
13    (b) The agreement shall be in the form prescribed by the
14sponsoring jurisdiction and shall, at a minimum, contain the
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
18participating 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
5jurisdiction. 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
21Statewide in terms of shape, color, text, and location. The
22Department shall develop and announce standards for
23Adopt-A-Parks signs within 90 days of the effective date of
24this Act. Nothing in this Act shall prohibit the sponsoring



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1jurisdiction and the Department from working cooperatively to
2carry out the intent of the Adopt-A-Park program.
3    Section 40. Safety training. The sponsoring jurisdiction
4shall develop the safety training programs that are to be
5utilized by group coordinators in compliance with Section 25 of
6this Act. Safety training programs shall be appropriate for the
7various types of parks that may be adopted within a
9    Section 45. Other conditions.
10    (a) A sponsoring jurisdiction may establish other
11procedures and requirements for the administration of its
12Adopt-A-Parks programs. The procedures and requirements shall
13not be inconsistent with any provision of this Act.
14    (b) The sponsoring jurisdiction shall have the right to
15terminate an agreement if a group does not meet the terms and
16conditions of its agreement, or if the group's involvement in
17the Adopt-A-Park program is inconsistent with any other
18restrictions or limitations established by the sponsoring
20    (c) No part of this Act shall prevent the execution of
21intergovernmental agreements.
22    Section 50. Penalty for Litter Control Act violation.
23    (a) An individual convicted of violating Section 4 or



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1Section 5 of the Litter Control Act by disposing of litter in a
2park may be required to adopt for 30 days a designated portion
3of that park, including the site where the offense occurred.
4    (b) Item (2) of Section 30 of this Act does not apply when
5an individual is required to adopt a portion of a park under
6this Section.
7    Section 99. Effective date. This Act takes effect July 1,