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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3739--A
           Cal. No. 489
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   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
       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    S 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    S  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
   18  remove  litter  from parks, shorelines, roadways and other public lands.
   19  Such agreements shall include but not be limited to:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06346-04-5
       S. 3739--A                          2
    1    a. providing and coordinating services  by  volunteers  or  groups  to
    2  reduce the amount of litter including providing trash bags and trash bag
    3  pick up and in designated areas where volunteers may be in close proxim-
    4  ity  to moving vehicles providing safety briefings and reflective safety
    5  gear; and
    6    b.  providing  and  installing  signs  identifying those volunteers or
    7  groups adopting particular parks, shorelines, roadways or other sections
    8  of public land.
    9    2. WITH RESPECT TO ADOPT-A-PARK PROGRAMS, A PROGRAM AGREEMENT MAY ALSO
   10  BE ENTERED INTO FOR THE PROVISION OF SERVICES BY VOLUNTEERS OR GROUPS TO
   11  PRESERVE, MAINTAIN AND ENHANCE MUNICIPALLY-OWNED  PARKS.  SUCH  PROGRAMS
   12  MAY  INCLUDE,  BUT ARE NOT LIMITED TO, REMEDIATING VANDALISM, PRESERVING
   13  WETLANDS, CLEANING AND MAINTAINING PARK PROPERTY, ESTABLISHING AND MAIN-
   14  TAINING ACCESS TO NATURE TRAILS, ESTABLISHING AND MAINTAINING DOG  RUNS,
   15  PLANTING  AND  MAINTAINING FLOWER BEDS OR OTHER VEGETATION, OR OTHERWISE
   16  IMPROVING AND MAINTAINING THE NATURAL BEAUTY OF SUCH PARKS.
   17    3. Notwithstanding any inconsistent  provision  of  law,  the  county,
   18  city,  town or village and its employees shall not be liable for damages
   19  suffered by any persons resulting from the actions or activities of such
   20  volunteers or groups.
   21    4. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
   22  CONTRARY,  NO  ADOPT-A-PARK  PROGRAM SHALL RESULT IN THE DISPLACEMENT OF
   23  ANY CURRENTLY EMPLOYED WORKER OR THE LOSS  OF  POSITION,  INCLUDING  THE
   24  PARTIAL  DISPLACEMENT  SUCH  AS  REDUCTION IN THE HOURS OF NON-OVERTIME,
   25  WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT  OF  EXISTING
   26  COLLECTIVE BARGAINING AGREEMENTS.
   27    S 3. This act shall take effect on the one hundred eightieth day after
   28  it shall have become a law.