Senate Bill S205

                            
 
                     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.