HB3455 100TH GENERAL ASSEMBLY

LRB100 06179 SLF 16213 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3455

Introduced , by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

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

Amends the Department of Natural Resources Law of the Civil Administrative Code of Illinois. Provides in the Department of Natural Resource's Adopt-A-Park program that volunteers may assist with vegetation management, providing building and facility repair, or other appropriate services. Creates the Adopt-A-Trail Program. Provides that the Department shall establish and maintain Adopt-A-Trail programs with individual or group volunteers, if requested by an individual or group volunteers, in an effort to reduce and remove litter from trails and to provide other services. Provides that 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. Provides that by engaging in volunteer activities under the Act, volunteers fully acknowledge and understand that there shall be neither a (1) promise or expectation of compensation of any type, including benefits, nor (2) creation of an employer-employee relationship. Makes other changes.

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 5. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by changing Section 805-40 and by adding Section 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. Volunteers may assist with vegetation management, providing building and facility repair, or other appropriate services not inconsistent with paragraph (3) of this Section.

(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.

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 under it 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 new)

Sec. 805-45. Adopt-A-Trail program. The Department shall establish and maintain Adopt-A-Trail programs with individual or group volunteers, if requested by an individual or group volunteers, in an effort to reduce and remove litter from trails 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 in designated areas where volunteers may be in close proximity to moving vehicles. Individuals or volunteers must bring their own reflective safety gear. Volunteers may assist with vegetation management, providing building and facility repair, or other appropriate services not inconsistent with paragraph (3) of this Section.

(2) The Department shall provide a certificate of appreciation to individual or group volunteers as recognition of their Adopt-A-Trail 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.

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 a (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 under it shall not apply to any Department project or job in which volunteers are utilized under the Adopt-A-Trail program.