SB2882 EnrolledLRB097 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 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:
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 , providing
22    safety briefings and reflective safety gear.
23        (2) The Department shall provide a certificate of

 

 

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1    appreciation to individual or group volunteers as
2    recognition of their Adopt-A-Park efforts at a particular
3    Department site. Providing and installing signs
4    identifying those volunteers adopting particular parks and
5    park lands.
6        (3) Volunteer services shall not include work
7    historically performed by Department employees, including
8    services that result in a reduction of hours or
9    compensation or that may be performed by an employee on
10    layoff; nor shall volunteer services be inconsistent with
11    the terms of a collective bargaining agreement.
12    The State and the Department, its directors, employees, and
13agents shall not be liable for any damages or injury suffered
14by any person resulting from his or her participation in the
15program or from the actions or activities of the volunteers,
16except in cases of willful and wanton misconduct. Any group and
17its individual members who wish to volunteer or any individual
18who wishes to volunteer is required to execute a general
19release and hold harmless agreement before beginning any
20volunteer activity or work. An officer, director, or other
21representative of any group shall also be required to execute a
22general release and hold harmless on behalf of a group. The
23agreement shall be prepared and provided by the Department.
24    By engaging in volunteer activities under this Act,
25volunteers fully acknowledge and understand that there shall be
26neither any (1) promise or expectation of compensation of any

 

 

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1type, including benefits, nor (2) creation of an
2employer-employee relationship. The Prevailing Wage Act and
3the administrative rules adopted thereunder, 56 Ill. Adm. Code
4100, shall not apply to any Department project or job in which
5volunteers are utilized under the Adopt-A-Park program.
6(Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.