Bill Text: NJ A770 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides tort claims immunity to certain State volunteer workers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Judiciary Committee [A770 Detail]
Download: New_Jersey-2010-A770-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOHN DIMAIO
District 23 (Warren and Hunterdon)
SYNOPSIS
Provides tort claims immunity to certain State volunteer workers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the provision of tort claims immunity to certain State volunteer workers and amending N.J.S.59:1-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.59:1-3 is amended to read as follows:
59:1-3. [Definitions.] As used in this subtitle:
"Employee" includes an officer, employee, or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
"Employment" includes office; position; employment; or service, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey, as an emergency management volunteer or as a volunteer doing work for the Division of Parks and Forestry, the Division of Fish and Wildlife, or the New Jersey Natural Lands Trust, as authorized by the Commissioner of Environmental Protection, or for the New Jersey Historic Trust.
"Enactment" includes a constitutional provision, statute, executive order, ordinance, resolution or regulation.
"Injury" means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person.
"Law" includes enactments and also the decisional law applicable within this State as determined and declared from time to time by the courts of this State and of the United States.
"Public employee" means an employee of a public entity, and includes: a person participating, under the supervision of the Palisades Interstate Park Commission, in a volunteer program in that part of the Palisades Interstate Park located in New Jersey; an emergency management volunteer; and a volunteer doing work for the Division of Parks and Forestry, the Division of Fish and Wildlife, or the New Jersey Natural Lands Trust, as authorized by the Commissioner of Environmental Protection, or for the New Jersey Historic Trust.
"Public entity" includes the State, and any county, municipality, district, public authority, public agency, and any other political subdivision or public body in the State.
"State" shall mean the State and any office, department, division, bureau, board, commission or agency of the State, but shall not include any such entity which is statutorily authorized to sue and be sued. "State" also means the Palisades Interstate Park Commission, but only with respect to employees, property and activities within the State of New Jersey.
"Statute" means an act adopted by the Legislature of this State or by the Congress of the United States.
(cf: P.L.2005, c.155, s.104).
2. This act shall take effect immediately.
STATEMENT
This bill amends the "New Jersey Tort Claims Act," P.L.1972, c.45 (N.J.S.59:1-1 et seq.), to include a provision for certain State volunteer workers. In particular, this bill brings the Tort Claims Act definition of "public employee" into conformity with the Tort Claims Act definition of "employment," in order to clarify that the act's immunity provisions are applicable to emergency management volunteers and to volunteers doing work for the Division of Parks and Forestry, the Division of Fish and Wildlife, or the New Jersey Natural Lands Trust, as authorized by the Commissioner of Environmental Protection, or for the New Jersey Historic Trust.
This bill would alleviate concerns that liability may be found to stem from the job-related acts or omissions of certain State volunteer workers. Particularly, this bill is designed to allow for the restoration of the now defunct deputy warden/volunteer conservation officer program, which is authorized by statute (R.S.23:2-8 through R.S.23:2-11) and overseen by the Division of Fish and Wildlife in the Department of Environmental Protection, but which has recently been dismantled in the face of liability and insurance concerns.
