Rep. Pam Roth

Filed: 4/26/2012





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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.".