Bill Text: NY S03739 | 2015-2016 | General Assembly | Amended

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Bill Title: Directs the commissioner of parks, recreation and historic preservation to cooperate with municipalities in establishing adopt-a-park programs; municipalities may enter into agreements with volunteer groups for provision of services.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2016-04-20 - PRINT NUMBER 3739B [S03739 Detail]

Download: New_York-2015-S03739-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3739--B
            Cal. No. 489
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 17, 2015
                                       ___________
        Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
          and when printed to be committed to the Committee on Cultural Affairs,
          Tourism,  Parks and Recreation -- reported favorably from said commit-
          tee, ordered to first report, amended on first report,  ordered  to  a
          second  report and ordered reprinted, retaining its place in the order
          of second report -- recommitted to the Committee on Cultural  Affairs,
          Tourism, Parks and Recreation in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
        AN ACT to amend the parks, recreation and historic preservation law  and
          the  general municipal law, in relation to authorizing an adopt-a-park
          program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 4 of section 3.09 of the parks, recreation and
     2  historic preservation law is amended to read as follows:
     3    4. Cooperate in the planning, organization, development and  operation
     4  of  municipal  and  private park, recreational and historic preservation
     5  projects and programs.  The commissioner may provide  technical  assist-
     6  ance  to  municipalities for the planning, organization, development and
     7  operation of adopt-a-park programs undertaken pursuant  to  section  two
     8  hundred  seventy-seven  of  the general municipal law including, but not
     9  limited to, the development and distribution of an  informational  guide
    10  for participants in such programs.
    11    § 2. Section 277 of the general municipal law, as added by chapter 626
    12  of the laws of 1991, is amended to read as follows:
    13    §  277.  Adopt-a-municipal park, shoreline or roadway programs. 1. The
    14  governing body of any county, city, town or village is hereby authorized
    15  and empowered to authorize and direct such of its officers  or  agencies
    16  as  it  shall designate to enter into adopt-a-park, shoreline or roadway
    17  program agreements with volunteers or groups in an effort to reduce  and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06346-06-6
        S. 3739--B                          2
     1  remove  litter  from parks, shorelines, roadways and other public lands.
     2  Such agreements shall include but not be limited to:
     3    a.  providing  and  coordinating  services  by volunteers or groups to
     4  reduce the amount of litter including providing trash bags and trash bag
     5  pick up and in designated areas where volunteers may be in close proxim-
     6  ity to moving vehicles providing safety briefings and reflective  safety
     7  gear; and
     8    b.  providing  and  installing  signs  identifying those volunteers or
     9  groups adopting particular parks, shorelines, roadways or other sections
    10  of public land.
    11    2. With respect to adopt-a-park programs, a program agreement may also
    12  be entered into for the provision of services by volunteers or groups to
    13  preserve, maintain and enhance municipally-owned  parks.  Such  programs
    14  may  include,  but are not limited to, remediating vandalism, preserving
    15  wetlands, cleaning and maintaining park property, establishing and main-
    16  taining access to nature trails, establishing and maintaining dog  runs,
    17  planting  and  maintaining flower beds or other vegetation, or otherwise
    18  improving and maintaining the natural beauty of such parks.
    19    3. Notwithstanding any inconsistent  provision  of  law,  the  county,
    20  city,  town or village and its employees shall not be liable for damages
    21  suffered by any persons resulting from the reasonable actions or  activ-
    22  ities  of  such volunteers or groups provided such actions or activities
    23  were performed in good faith.
    24    4. Notwithstanding any provision of law, rule  or  regulation  to  the
    25  contrary,  no  adopt-a-park  program shall result in the displacement of
    26  any currently employed worker or the loss  of  position,  including  the
    27  partial  displacement  such  as  reduction in the hours of non-overtime,
    28  wages, or employment benefits, or result in the impairment  of  existing
    29  collective bargaining agreements.
    30    § 3. This act shall take effect on the one hundred eightieth day after
    31  it shall have become a law.