Public Act 097-1082
SB2882 EnrolledLRB097 17114 CEL 62312 b

    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 as follows:
    (20 ILCS 805/805-40)  (was 20 ILCS 805/63a41)
    Sec. 805-40. Adopt-A-Park program. The Department shall
may 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 , providing
    safety briefings and reflective safety gear.
        (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. Providing and installing signs
    identifying those volunteers adopting particular parks and
    park lands.
        (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 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. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)
    Section 99. Effective date. This Act takes effect upon
becoming law.