CHAPTER 72

 

An Act establishing the Korean Veterans' Memorial Committee, creating the Korean Veterans' Memorial Fund, supplementing Title 52 of the Revised Statutes and making an appropriation.


    Be It Enacted by the Senate and General Assembly of the State of New Jersey:


    1. The Legislature finds and declares that:

    a. New Jersey veterans of the Korean conflict have not received the recognition that they deserve;

    b. It is proper that the citizens of this State pay tribute to the sacrifices that were made by the men and women of this State who served in Korea and to commemorate the courage that they displayed; and

    c. A memorial is a fitting acknowledgment of the valor displayed by our military personnel who served in Korea, both living and dead.


    2. There is established in the Department of Military and Veterans' Affairs the Korean Veterans' Memorial Committee. The committee shall consist of 15 members as follows: the Secretary of State and the Adjutant General of the Department of Military and Veterans' Affairs, or their respective designees, who shall serve ex officio; two members of the Senate to be appointed by the President thereof, no more than one of whom shall be from the same political party; two members of the General Assembly to be appointed by the Speaker thereof, no more than one of whom shall be from the same political party; eight members of recognized veterans groups in this State, to be appointed by the Adjutant General with the approval of the Governor; and one public member who is a resident of this State, to be appointed by the Adjutant General with the approval of the Governor. In selecting members of recognized veterans groups to serve on the commission, the Adjutant General shall give a preference to Korean War veterans . Any vacancy in the membership of the committee shall be filled in the same manner as the original appointments are made. The committee shall select from among its members a chairperson and a vice chairperson, and shall select a secretary, who need not be a member of the committee.


    3. The committee shall select a suitable location for the construction of a Korean Veterans' Memorial honoring the New Jersey veterans of the Korean conflict, shall determine the appropriate method of financing the construction and maintenance of the memorial, and shall develop and administer a competition for the design of the memorial. The committee may initiate fund-raising measures and may receive monetary donations for the memorial. Any moneys received for these purposes by the committee shall be deposited into the fund created under section 4 of this act. Not later than six months after the effective date of this act, the committee shall report its findings and recommendations to the Legislature.


C.52:18A-218 Korean Veterans' Memorial Fund.

    4. There is created in the Department of the Treasury, a fund to be known as the Korean Veterans' Memorial Fund. The fund shall be credited with any moneys received by the Korean Veterans' Memorial Committee as donations under section 3 of this act, any moneys that may thereafter be donated by members of the public, the money appropriated to the fund under section 6 of this act and any other moneys appropriated to the fund by law. All interest on moneys in the fund shall be credited to the fund. The moneys in the fund shall be administered by the State Treasurer, to be held thereby in the fund until appropriated by law. Not later than six months after the effective date of this act, and periodically thereafter, the State Treasurer shall certify to the Legislature the total amount of moneys in the fund.


    5. a. No person serving as a member of the Korean Veterans' Memorial Committee established pursuant to section 2 of this act shall be liable for damages resulting from the exercise of judgment or discretion in connection with the duties of that person's office unless the actions evidence a reckless disregard for the duties imposed by the position.

    b. No person who provides volunteer service or assistance to the Korean Veterans' Memorial Committee, including but not limited to a person who provides architectural or construction services, shall be liable for damages as a result of that person's actions of commission or omission arising out of and in the course of that person rendering the volunteer service or assistance.

    Nothing in this subsection shall be deemed to grant immunity to any person causing damage by that person's willful, wanton or grossly negligent act of commission or omission.

    Nothing in this subsection shall be deemed to grant immunity to any person causing damage as the result of the negligent operation of a motor vehicle.


    6. There is appropriated from the General Fund to the committee $25,000 for the purposes stated in section 3 of this act.


    7. This act shall take effect immediately and shall expire on the day that the Korean Veterans' Memorial is officially dedicated; except for section 4 hereof, which shall remain in effect.


    Approved July 22, 1996.