SENATE, No. 905
STATE OF NEW JERSEY
INTRODUCED MARCH 7, 1996
By Senators KYRILLOS and MARTIN
An Act concerning county and municipal parks and amending P.L.1992, c.101.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1992, c.101 (C.40:12-20) is amended to read as follows:
1. The Legislature finds and declares that county and municipal parks in the State are deteriorating due to a lack of proper maintenance , operation, or improvement ; that the use and enjoyment of such parks is diminished by their poor condition; that counties and municipalities often do not have the funds to expend for the proper maintenance , operation, or improvement of their parks; that proper maintenance , operation, and improvement helps extend the life of park facilities, thereby reducing the need in some cases for large public capital expenditures for new park facilities and allowing any savings resulting therefrom to be used for other public purposes; that private businesses located near county or municipal parks have a public service interest as well as a private financial incentive in ensuring that such parks are well cared for; that such businesses often have financial and other resources available to them to devote to such a worthy purpose; that many nonprofit organizations would welcome the opportunity for their members and volunteers to assist counties or municipalities in the maintenance , operation, or improvement of county or municipal parks in a spirit of public service; and that, therefore, it is appropriate to authorize counties and municipalities and private businesses or nonprofit organizations to establish mutually beneficial partnerships in the manner prescribed by this act that will result in county and municipal parks that are better maintained , operated, and improved for the use and enjoyment of the public.
(cf: P.L.1992, c.101, s.1)
2. Section 2 of P.L.1992, c.101 (C.40:12-21) is amended to read as follows:
2. As used in this act:
"Improvement" means, but is not necessarily limited to, construction, reconstruction, stabilization, repair, rehabilitation, renovation, or restoration of a park or park facility, building, structure, infrastructure, or feature.
"Local government unit" means a county, municipality, or joint meeting, including any commission, utilities or other authority, board, or agency thereof, or a county park commission, county board of park commissioners, county or municipal board of recreation commissioners, municipal recreation commission, or similar entity.
"Operation" means, but is not necessarily limited to, the providing of park or recreation services, equipment, materials, supplies, or staff personnel.
"Park" means a park, playground, picnic area, square, monument, beach, waterfront, recreation area, conservation area, or similar place or property, or any open space, owned or controlled by a local government unit.
"Participating business entity" means a business entity that has entered into a park maintenance , operation, or improvement agreement with a local government unit in accordance with this act.
"Participating entity" means a business entity or nonprofit organization that has entered into a park maintenance , operation, or improvement agreement with a local government unit in accordance with this act.
(cf: P.L.1992, c.101, s.2)
3. Section 3 of P.L.1992, c.101 (C.40:12-22) is amended to read as follows:
3. Any local government unit may enter into an agreement with a business entity or nonprofit organization located within or near the local government unit to provide for the maintenance , operation, or improvement of a park or any portion thereof located within the local government unit, at no cost to the local government unit except as provided pursuant to section 4 of [this act] P.L.1992, c.101 (C.40:12-23) . No such park maintenance , operation, or improvement agreement may be entered into unless the business entity or nonprofit organization successfully demonstrates to the local government unit that the business entity or nonprofit organization is capable of maintaining , operating, or improving the park according to the agreed upon terms and conditions. A park maintenance , operation, or improvement agreement shall be for such period as may be agreed upon by the local government unit and the business entity or nonprofit organization, and may be terminated by the business entity or nonprofit organization upon at least six months' notice to the local government unit, or by the local government unit at any time without prior notice to the business entity or nonprofit organization, for any reason, including, but not limited to, failure of the participating business entity or nonprofit organization to comply with any term or condition of the park maintenance , operation, or improvement agreement.
(cf: P.L.1992, c.101, s.3)
4. Section 4 of P.L.1992, c.101 (C.40:12-23) is amended to read as follows:
4. A local government unit may provide at no cost to a participating entity such equipment, materials, supplies, or services that the local government unit deems appropriate to assist the participating entity with its park maintenance , operation, or improvement responsibilities, including, but not limited to, solid waste recycling or disposal services.
(cf: P.L.1992, c.101, s.4)
5. Section 5 of P.L.1992, c.101 (C.40:12-24) is amended to read as follows:
5. A local government unit may advertise and promote a park maintenance , operation, or improvement agreement program established by the local government unit pursuant to this act.
(cf: P.L.1992, c.101, s.5)
6. Section 6 of P.L.1992, c.101 (C.40:12-25) is amended to read as follows:
6. A local government unit may provide for appropriate public recognition of a participating entity, including, but not limited to:
a. issuance of a certificate of recognition; and
b. authorization for the participating entity to pay for and erect a sign or signs at the park maintained , operated, or improved by that participating entity indicating (1) the name and address of the participating entity, and (2) that it has assumed all or a portion of the maintenance , operation, or improvement responsibilities for the park as a public service in accordance with this act. The local government unit shall determine the size, color, style, and location of any such sign or signs that may be erected. A local government unit may pay for a sign or signs erected in accordance with this section if the participating entity is a nonprofit organization.
(cf: P.L.1992, c.101, s.6)
7. Section 7 of P.L.1992, c.101 (C.40:12-26) is amended to read as follows:
7. a. Except where permitted by the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., no local government unit, or any employee or agent thereof, may be held liable in any civil action to any person for any injury or damages that may be caused or sustained by any participating entity, or any employee, agent, contractor, member, or volunteer thereof, during the course, or as a result of, maintaining , operating, or improving a park.
b. As a condition of any park maintenance , operation, or improvement agreement entered into in accordance with this act:
(1) a participating entity, and each employee, agent, contractor, member, or volunteer of that participating entity assisting in maintaining , operating, or improving a park, shall sign a waiver releasing the local government unit and its employees and agents from any civil liability for any injury or damages, except those arising from criminal or willful, wanton, or grossly negligent conduct, that may be sustained by the participating entity, or any employee, agent, contractor, member, or volunteer thereof, as the case may be, during the course, or as a result of, maintaining , operating, or improving a park;
(2) a participating business entity shall agree to indemnify, and if requested by the local government unit, defend, the local government unit and its employees and agents against all claims made by any person for injuries or damages that may be caused or sustained by the participating business entity, or any employee, agent, contractor, member, or volunteer thereof, during the course, or as a result of, maintaining , operating, or improving a park; and
(3) a participating business entity shall obtain and retain insurance in an amount sufficient for the purposes set forth in this section.
(cf: P.L.1992, c.101, s.7)
8. Section 8 of P.L.1992, c.101 (C.40:12-27) is amended to read as follows:
8. While performing park maintenance , operation, or improvement responsibilities pursuant to a park maintenance , operation, or improvement agreement entered into in accordance with this act, a participating entity and its employees, agents, contractors, members, and volunteers shall not be considered to be "public employees" or "State employees" for the purposes of the "New Jersey Tort Claims Act," or otherwise be accorded any of the protections set forth therein. (cf: P.L.1992, c.101, s.8)
9. Section 9 of P.L.1992, c.101 (C.40:12-28) is amended to read as follows:
9. a. Nothing in this act may be construed to supersede the provisions of R.S.40:12-1 et seq., R.S.40:61-1 et seq., chapters 32 and 37 of Title 40 of the Revised Statutes, or any rule or regulation established by a local government unit applicable to the maintenance,
operation , or improvement of its parks for the benefit of all park users.
b. Any agreement entered into in accordance with this act shall not be subject to the requirements and provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
(cf: P.L.1992, c.101, s.9)
10. This act shall take effect immediately.
STATEMENT
This bill would expand the county and municipal "adopt a park" law regarding the establishment of park maintenance agreements with business entities or nonprofit organizations to include park operations and improvements.
This bill would provide public park and recreation agencies with the ability to provide for and expand public park and recreation services and facilities with the assistance of a business entity or a nonprofit organization. This option is especially useful at this time of fiscal austerity in government.
Expands county and municipal "adopt a park" law regarding park maintenance to include park operations and improvements.