The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   205

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2017
                               ___________

Introduced by Sens. MARCHIONE, DeFRANCISCO, RANZENHOFER, RITCHIE -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Cultural Affairs, Tourism, Parks and Recreation

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:

  Section  1. Subdivision 4 of section 3.09 of the parks, recreation and
historic preservation law is amended to read as follows:
  4. Cooperate in the planning, organization, development and  operation
of  municipal  and  private park, recreational and historic preservation
projects and programs.  THE COMMISSIONER MAY PROVIDE  TECHNICAL  ASSIST-
ANCE  TO  MUNICIPALITIES FOR THE PLANNING, ORGANIZATION, DEVELOPMENT AND
OPERATION OF ADOPT-A-PARK PROGRAMS UNDERTAKEN PURSUANT  TO  SECTION  TWO
HUNDRED  SEVENTY-SEVEN  OF  THE GENERAL MUNICIPAL LAW INCLUDING, BUT NOT
LIMITED TO, THE DEVELOPMENT AND DISTRIBUTION OF AN  INFORMATIONAL  GUIDE
FOR PARTICIPANTS IN SUCH PROGRAMS.
  § 2. Section 277 of the general municipal law, as added by chapter 626
of the laws of 1991, is amended to read as follows:
  §  277.  Adopt-a-municipal park, shoreline or roadway programs. 1. The
governing body of any county, city, town or village is hereby authorized
and empowered to authorize and direct such of its officers  or  agencies
as  it  shall designate to enter into adopt-a-park, shoreline or roadway
program agreements with volunteers or groups in an effort to reduce  and
remove  litter  from parks, shorelines, roadways and other public lands.
Such agreements shall include but not be limited to:
  a. providing and coordinating services  by  volunteers  or  groups  to
reduce the amount of litter including providing trash bags and trash bag
pick up and in designated areas where volunteers may be in close proxim-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD03010-01-7

S. 205                              2

ity  to moving vehicles providing safety briefings and reflective safety
gear; and
  b.  providing  and  installing  signs  identifying those volunteers or
groups adopting particular parks, shorelines, roadways or other sections
of public land.
  2. WITH RESPECT TO ADOPT-A-PARK PROGRAMS, A PROGRAM AGREEMENT MAY ALSO
BE ENTERED INTO FOR THE PROVISION OF SERVICES BY VOLUNTEERS OR GROUPS TO
PRESERVE, MAINTAIN AND ENHANCE MUNICIPALLY-OWNED  PARKS.  SUCH  PROGRAMS
MAY  INCLUDE,  BUT ARE NOT LIMITED TO, REMEDIATING VANDALISM, PRESERVING
WETLANDS, CLEANING AND MAINTAINING PARK PROPERTY, ESTABLISHING AND MAIN-
TAINING ACCESS TO NATURE TRAILS, ESTABLISHING AND MAINTAINING DOG  RUNS,
PLANTING  AND  MAINTAINING FLOWER BEDS OR OTHER VEGETATION, OR OTHERWISE
IMPROVING AND MAINTAINING THE NATURAL BEAUTY OF SUCH PARKS.
  3. Notwithstanding any inconsistent  provision  of  law,  the  county,
city,  town or village and its employees shall not be liable for damages
suffered by any persons resulting from the REASONABLE actions or  activ-
ities  of  such volunteers or groups PROVIDED SUCH ACTIONS OR ACTIVITIES
WERE PERFORMED IN GOOD FAITH.
  4. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY,  NO  ADOPT-A-PARK  PROGRAM SHALL RESULT IN THE DISPLACEMENT OF
ANY CURRENTLY EMPLOYED WORKER OR THE LOSS  OF  POSITION,  INCLUDING  THE
PARTIAL  DISPLACEMENT  SUCH  AS  REDUCTION IN THE HOURS OF NON-OVERTIME,
WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIRMENT  OF  EXISTING
COLLECTIVE BARGAINING AGREEMENTS.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.