Rep. Pam Roth
Filed: 4/26/2012
 
 

 

 

 
09700SB2882ham001LRB097 17114 CEL 68923 a



1
AMENDMENT TO SENATE BILL 2882




2    AMENDMENT NO. ______. Amend Senate Bill 2882 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Department of Natural Resources 
5(Conservation) Law of the
Civil Administrative Code of Illinois 
6is amended  by changing Section 805-40 as follows:
 



7    (20 ILCS 805/805-40)  (was 20 ILCS 805/63a41)



8    Sec. 805-40. Adopt-A-Park program. The
Department shall 
9may establish and maintain
Adopt-A-Park programs
with 
10individual or group volunteers, if requested by an individual 
11or group volunteers, in an effort to reduce and remove litter

12from parks and park lands and to provide other services.  The 
13Department shall retain the ability to approve or deny an 
14individual or group volunteer's request; however, the 
15Department must state the reason for the request denial. These 
16programs shall include but not be limited to
the following:


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


7        (2) The Department shall provide a certificate of 
8    appreciation to individual or group volunteers as 
9    recognition of their Adopt-A-Park efforts at a particular 
10    Department site. Providing and installing signs 
11    identifying those volunteers
adopting particular parks and 
12    park lands. 

13        (3) Volunteer services shall not include work 
14    historically performed by Department employees, including 
15    services that result in a reduction of hours or 
16    compensation or that may be performed by an employee on 
17    layoff; nor shall volunteer services be inconsistent with 
18    the terms of a collective bargaining agreement. 
19    The State and the Department,
its directors, employees, and 
20agents shall not be liable
for any damages or injury suffered 
21by any person resulting from his or her
participation in the 
22program or from the actions or activities of the
volunteers, 
23except in cases of willful and wanton misconduct. Any group and 
24its individual members who wish to volunteer or any individual 
25who wishes to volunteer is required to execute a general 
26release and hold harmless agreement before beginning any 
 
 
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1volunteer activity or work. An officer, director, or other 
2representative of any group shall also be required to execute a 
3general release and hold harmless on behalf of a group. The 
4agreement shall be prepared and provided by the Department. 
5    By engaging in volunteer activities under this Act, 
6volunteers fully acknowledge and understand that there shall be 
7neither any (1) promise or expectation of compensation of any 
8type, including benefits, nor (2) creation of an 
9employer-employee relationship. The Prevailing Wage Act and 
10the administrative rules adopted thereunder, 56 Ill. Adm. Code 
11100, shall not apply to any Department project or job in which 
12volunteers are utilized under the Adopt-A-Park program. 
13(Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)

 

14    Section 99. Effective date. This Act takes effect upon 
15becoming law.".