reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:31-5 - Violations; mitigation.

58:31-5 Violations; mitigation.
5. In addition to any other requirements in law, or any rule or regulation adopted pursuant thereto, whenever a water purveyor is issued , pursuant to section 10 of P.L.1977, c.224 (C.58:12A-10) , three notices of violation for any reason or two notices of violation related to an exceedance of a maximum contaminant level within any 12-month period, the water purveyor, within 60 days after receipt of the third or second notice, as applicable, shall submit to the department a mitigation plan specifying whether the notice of violation will be addressed through operational changes or require a capital expenditure and providing a schedule for implementation of the mitigation plan. The mitigation plan shall include a report prepared by the licensed operator of the public community water system and a professional engineer licensed pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) that includes a technical analysis of the notices of violation and an explanation of how the mitigation plan submitted pursuant to this section is intended to prevent a recurrence of the issue that resulted in the notice of violation. Any capital expenditures required pursuant to this section shall be incorporated into the asset management plan required pursuant to section 7 of P.L.2017, c.133 (C.58:31-7).
L.2017, c.133, s.5; amended 2021, c.262, s.13.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:31-6 - Additional certifications.

58:31-6 Additional certifications.
6. a. In addition to any other certifications required pursuant to law, rule, or regulation, the responsible corporate officer of the public community water system, if privately held, executive director, if an authority, or mayor or chief executive officer of the municipality, if municipally owned, as applicable, shall be required to certify in writing each year to the department and, if applicable, the board, in a form and manner as determined by the department, that the water purveyor complies with: all federal and State drinking water regulations, including water quality sampling, testing, and reporting requirements; the hydrant and valve requirements set forth in section 3 of P.L.2017, c.133 (C.58:31-3); the notice of violation mitigation plan requirements set forth in section 5 of P.L.2017, c.133 (C.58:31-5), if applicable; and the infrastructure improvement investment required pursuant to section 7 of P.L.2017, c.133 (C.58:31-7). A water purveyor shall post the annual certification required pursuant to this section on its Internet website, if applicable.
b. The department shall audit, or cause to be audited, for compliance with the requirements of P.L.2017, c.133 (C.58:31-7 et seq.), any public community water system that fails to submit the certification required pursuant to subsection a. of this section in a timely manner. If the department finds that a water purveyor has made a false or misleading statement in a certification submitted pursuant to subsection a. of this section, the department shall forward the matter to the Attorney General for further investigation and, if necessary, criminal prosecution or other appropriate relief, pursuant to any applicable State or federal law, rule, or regulation.
c. The department shall annually audit, or cause to be audited, for compliance with the requirements of P.L.2017, c.133 (C.58:31-7 et seq.) a random selection of at least 10 percent of all public community water systems in the State.
d. The department may require a water purveyor to pay the cost of an audit ordered pursuant to this section.
e. This section shall not be construed to abrogate or limit the review and fiscal oversight authority granted to the Division of Local Government Services in the Department of Community Affairs by the "Local Budget Law," N.J.S.40A:4-1 et seq., the "Local Fiscal Affairs Law," N.J.S.40A:5-1 et seq., the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), or any other law.
L.2017, c.133, s.6; amended 2021, c.262, s.5.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:31-8 - Asset management plan revision.

58:31-8 Asset management plan revision.
7. a. In addition to the requirements of section 7 of P.L.2017, c.133 (C.58:31-7), no later than 18 months after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), each water purveyor shall revise its asset management plan developed pursuant to section 7 of P.L.2017, c.133 (C.58:31-7) to include:
(1) a comprehensive inventory, mapping, and evaluation of the condition of the public community water system's following asset classes: transmission and distribution piping, valves, service lines, hydrants, water treatment plant facilities, and water supply facilities including wells, reservoirs, and intakes;
(2) level of service goals for the public community water system, based upon industry standards such as those established by the American Water Works Association, which may include, but need not be limited to, goals related to customer service and accountability, energy and water efficiency and conservation, water main breaks and service interruptions, and social and environmental considerations;
(3) a priority order in which the public community water system's assets, identified in the comprehensive inventory prepared pursuant to paragraph (1) of this subsection, will be repaired or replaced as part of the water purveyor's asset management plan, based on each assets' importance to the proper function of the public community water system, or business risk exposure; and
(4) a long-term funding strategy to implement the water purveyor's asset management plan, including funding sources and estimated annual expenditures to address prioritized repairs, upgrades, and treatment.
b. The department shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to implement the requirements of this section.
L.2021, c.262, s.7.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:31-9 - Penalties, remedies.

58:31-9 Penalties, remedies.
8. Any person who violates the provisions of P.L.2017, c.133 (C.58:31-1 et seq.), or any rule or regulation adopted pursuant thereto, shall be subject to the penalties and other remedies set forth in section 10 of P.L.1977, c.224 (C.58:12A-10). No later than 18 months after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a schedule of civil administrative penalties to be applied pursuant to this section for specific violations of P.L.2017, c.133 (C.58:31-1 et seq.).
L.2021, c.262, s.8.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:31-10 - Report card publication on website.

58:31-10 Report card publication on website.
9. No later than one year after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), and annually thereafter, the department shall develop and publish on its Internet website a report card for each water purveyor in the State, indicating the water purveyor's compliance with federal and State drinking water quality standards, its compliance with the requirements of P.L.2017, c.133 (C.58:31-1 et seq.), and any other factors the department deems appropriate. The report card shall be designed to inform the public about the overall condition of a public community water system, and the quality of water coming from the public community water system.
L.2021, c.262, s.9.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:31-10.1 - Public access, mitigation plan, certification, report, asset management, water purveyors.

58:31-10.1 Public access, mitigation plan, certification, report, asset management, water purveyors.
1. a. The department shall publish on its Internet website, in an easily accessible format, and update as appropriate:
(1) each mitigation plan submitted by a water purveyor pursuant to section 5 of P.L.2017, c.133 (C.58:31-5), if applicable;
(2) each certification submitted by a water purveyor pursuant to section 6 of P.L.2017, c.133 (C.58:31-6); and
(3) each report submitted by a water purveyor based on its asset management plan pursuant to subsection b. of section 7 of P.L.2017, c.133 (C.58:31-7).
b. The department shall publish the documents required pursuant to subsection a. of this section no later than 30 days after receipt of the documents from a water purveyor.
L.2023, c.44.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:31-11 - Report to the Governor.

58:31-11 Report to the Governor.
10. No later than 18 months after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), and every three years thereafter, the department shall prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature assessing:
a. the data submitted by public community water systems pursuant to subsections b. and c. of section 7 of P.L.2017, c.133 (C.58:31-7). The assessment shall include, but need not be limited to, an analysis of the total estimated cost of infrastructure improvements to public community water systems, Statewide, required over the next 10 years; and
b. the compliance of public community water systems with the requirements of P.L.2017, c.133 (C.58:31-1 et seq.) and the rules and regulations adopted pursuant thereto.
L.2021, c.262, s.10.
2023 New Jersey Revised Statutes › Title 58 - Waters and Water Supply › Section 58:31-12 - Rules, regulations.

58:31-12 Rules, regulations.
11. The department and the board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to carry out the provisions of P.L.2017, c.133 (C.58:31-1 et seq.).
L.2021, c.262, s.11.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:1-2 - Legislative declaration

59:1-2. Legislative declaration
The Legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the traditional doctrine of sovereign immunity. On the other hand the Legislature recognizes that while a private entrepreneur may readily be held liable for negligence within the chosen ambit of his activity, the area within which government has the power to act for the public good is almost without limit and therefore government should not have the duty to do everything that might be done. Consequently, it is hereby declared to be the public policy of this State that public entities shall only be liable for their negligence within the limitations of this act and in accordance with the fair and uniform principles established herein. All of the provisions of this act should be construed with a view to carry out the above legislative declaration.
L.1972, c. 45, s. 59:1-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:1-3 - Definitions.

59:1-3 Definitions.
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.
"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.
L.1972, c.45, s.59:1-3; amended 1980, c.104, s.11; 1987, c.259, s.5; 1994, c.58, s.64; 1995, c.383, s.4; 1997, c.199, s.4; 1999, c.152, s.58; 2005, c.155, s.104.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:1-4 - Effect upon liability based on contract or right to relief other than damages

59:1-4. Effect upon liability based on contract or right to relief other than damages
Nothing in this act shall affect liability based on contract or the right to obtain relief other than damages against the public entity or one of its employees.
L.1972, c. 45, s. 59:1-4.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:1-5 - Workmen's compensation laws not repealed

59:1-5. Workmen's compensation laws not repealed
Nothing in this act shall be construed to affect, alter or repeal any provision of the workmen's compensation laws of this State.
L.1972, c. 45, s. 59:1-5.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:1-6 - Military and veterans laws not repealed

59:1-6. Military and veterans laws not repealed
Nothing in this act shall be construed to affect, alter or repeal any provision of the military and veterans law of this State, except as specifically provided in repealer section 59:12-2 of this subtitle.
L.1972, c. 45, s. 59:1-6.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:1-7 - Effect of assumption of liability by United States

59:1-7. Effect of assumption of liability by United States
Any waiver of immunity and assumption of liability contained in this act shall not apply in circumstances where liability has been or is hereafter assumed by the United States, to the extent of such assumption of liability.
L.1972, c. 45, s. 59:1-7.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-1 - Immunity of public entity generally

59:2-1. Immunity of public entity generally
a. Except as otherwise provided by this act, a public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.
b. Any liability of a public entity established by this act is subject to any immunity of the public entity and is subject to any defenses that would be available to the public entity if it were a private person.
L.1972, c. 45, s. 59:2-1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-1.1 - Immunity from liability for certain civil actions arising from roadway solicitations

59:2-1.1. Immunity from liability for certain civil actions arising from roadway solicitations
2. Notwithstanding any provisions of law to the contrary, a municipality, a county or the State shall not be liable in any civil action for damages for property damage or personal injury resulting from a motor vehicle accident arising out of or in the course of roadway solicitations for the purpose of soliciting contributions, conducted by charitable organizations, as defined pursuant to section 3 of P.L.1994, c.16 (C.45:17A-20), pursuant to R.S.39:4-60.
L.1997,c.82,s.2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-1.2 - Immunity from liability for public entities, employees for damages resulting from computer failure in certain circumstances.

59:2-1.2 Immunity from liability for public entities, employees for damages resulting from computer failure in certain circumstances.
1. Notwithstanding any provision of law to the contrary, a public entity, public employee, bi-state governmental entity of which the State of New Jersey is a member, or an employee of such an entity, shall not be liable in any civil action for damages resulting from or caused directly or indirectly by the failure of computer hardware or software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort or otherwise process dates or times.
L.1999,c.287,s.1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-1.3 - Liability for public entity, employee.

59:2-1.3 Liability for public entity, employee.
7. a. Notwithstanding any provision of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., to the contrary:
(1) immunity from civil liability granted by that act to a public entity or public employee shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a person, which was caused by a willful, wanton or grossly negligent act of the public entity or public employee ; and
(2) immunity from civil liability granted by that act to a public entity shall not apply to an action at law for damages as a result of a sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) being committed against a minor under the age of 18, which was caused by the negligent hiring, supervision or retention of any public employee.
b. Every action at law involving a public entity or public employee as described in subsection a. of this section shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c.120 (C.2A:14-2a), and may be brought during the two-year period set forth in subsection a. of section 9 of P.L.2019, c.120 (C.2A:14-2b), notwithstanding that the action would otherwise be barred through application of the statute of limitations.
L.2019, c.120, s.7; amended 2019, c.239.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-2 - Liability of public entity

59:2-2. Liability of public entity
a. A public entity is liable for injury proximately caused by an act or omission of a public employee within the scope of his employment in the same manner and to the same extent as a private individual under like circumstances.
b. A public entity is not liable for an injury resulting from an act or omission of a public employee where the public employee is not liable.
L.1972, c. 45, s. 59:2-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-3 - Discretionary activities

59:2-3. Discretionary activities
a. A public entity is not liable for an injury resulting from the exercise of judgment or discretion vested in the entity;
b. A public entity is not liable for legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;
c. A public entity is not liable for the exercise of discretion in determining whether to seek or whether to provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services;
d. A public entity is not liable for the exercise of discretion when, in the face of competing demands, it determines whether and how to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public entity was palpably unreasonable. Nothing in this section shall exonerate a public entity for negligence arising out of acts or omissions of its employees in carrying out their ministerial functions.
L.1972, c. 45, s. 59:2-3.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-4 - Adoption or failure to adopt or enforce a law

59:2-4. Adoption or failure to adopt or enforce a law
A public entity is not liable for any injury caused by adopting or failing to adopt a law or by failing to enforce any law.
L.1972, c. 45, s. 59:2-4.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-5 - Issuance, denial, suspension or revocation of permit, license, etc.

59:2-5. Issuance, denial, suspension or revocation of permit, license, etc.
A public entity is not liable for an injury caused by the issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where the public entity or public employee is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked.
L.1972, c. 45, s. 59:2-5.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-6 - Failure to inspect, or negligent inspection of, property

59:2-6. Failure to inspect, or negligent inspection of, property
A public entity is not liable for injury caused by its failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property; provided, however, that nothing in this section shall exonerate a public entity from liability for negligence during the course of, but outside the scope of, any inspection conducted by it, nor shall this section exonerate a public entity from liability for failure to protect against a dangerous condition as provided in chapter 4.
L.1972, c. 45, s. 59;2-6.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-7 - Recreational facilities

59:2-7. Recreational facilities
A public entity is not liable for failure to provide supervision of public recreational facilities; provided, however, that nothing in this section shall exonerate a public entity from liability for failure to protect against a dangerous condition as provided in chapter 4.
L.1972, c. 45, s. 59:2-7.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-10 - Public employee conduct--limitation on entity liability

59:2-10. Public employee conduct--limitation on entity liability
A public entity is not liable for the acts or omissions of a public employee constituting a crime, actual fraud, actual malice, or willful misconduct.
L.1972, c. 45, s. 59:2-10.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:2-11 - Actions of public entity; immunity.

59:2-11 Actions of public entity; immunity.
8. The action or inaction by a public entity or public employee when promulgating, amending or supplementing the roster of personalized handguns that may be sold in this State pursuant to P.L.2019, c.164 (C.2C:58-2.7 et al.) shall not constitute a representation, warranty or guarantee by any public entity or employee with regard to the safety, use or any other aspect or attribute of a personalized handgun.
An action to recover damages shall not arise or be brought against any public entity or public employee for any action or inaction related to or in connection with the roster of personalized handguns established pursuant to section 2 of P.L.2019, c.164 (C.2C:58-2.8).
L.2002, c.130, s.8; amended 2019, c.164, s.8.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-1 - Liability generally

59:3-1. Liability generally
59:3-1. Generally. a. Except as otherwise provided by this act, a public employee is liable for injury caused by his act or omission to the same extent as a private person.
b. The liability of a public employee established by this act is subject to any immunity of a public employee provided by law and is subject to any defenses that would be available to the public employee if he were a private person.
c. A public employee is not liable for an injury where a public entity is immune from liability for that injury.
L.1972, c.45, s.59:3-1; amended 1994,c.49,s.1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-2 - Discretionary activities

59:3-2. Discretionary activities
a. A public employee is not liable for an injury resulting from the exercise of judgment or discretion vested in him;
b. A public employee is not liable for legislative or judicial action or inaction, or administrative action or inaction of a legislative or judicial nature;
c. A public employee is not liable for the exercise of discretion in determining whether to seek or whether to provide the resources necessary for the purchase of equipment, the construction or maintenance of facilities, the hiring of personnel and, in general, the provision of adequate governmental services;
d. A public employee is not liable for the exercise of discretion when, in the face of competing demands, he determines whether and how to utilize or apply existing resources, including those allocated for equipment, facilities and personnel unless a court concludes that the determination of the public employee was palpably unreasonable.
Nothing in this section shall exonerate a public employee for negligence arising out of his acts or omissions in carrying out his ministerial functions.
L.1972, c. 45, s. 59:3-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-3 - Execution or enforcement of laws

59:3-3. Execution or enforcement of laws
A public employee is not liable if he acts in good faith in the execution or enforcement of any law. Nothing in this section exonerates a public employee from liability for false arrest or false imprisonment.
L.1972, c. 45, s. 59:3-3.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-4 - Acting under unconstitutional, invalid or inapplicable laws

59:3-4. Acting under unconstitutional, invalid or inapplicable laws
If a public employee acts under the apparent authority of a law that is unconstitutional, invalid or inapplicable, he is not liable for an injury caused thereby except to the extent that he would have been liable had the law been constitutional, valid and applicable.
L.1972, c. 45, s. 59:3-4.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-5 - Adoption or failure to adopt or enforce any law

59:3-5. Adoption or failure to adopt or enforce any law
A public employee is not liable for an injury caused by his adoption of or failure to adopt any law or by his failure to enforce any law.
L.1972, c. 45, s. 59:3-5.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-6 - Issuance, denial, suspension or revocation of permit, license, etc.

59:3-6. Issuance, denial, suspension or revocation of permit, license, etc.
A public employee is not liable for an injury caused by his issuance, denial, suspension or revocation of, or by his failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order, or similar authorization where he is authorized by law to determine whether or not such authorization should be issued, denied, suspended or revoked.
L.1972, c. 45, s. 59:3-6.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-7 - Failure to inspect, or negligent inspection of, property

59:3-7. Failure to inspect, or negligent inspection of, property
A public employee is not liable for injury caused by his failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property; provided, however, that nothing in this section shall exonerate a public employee from liability for negligence during the course of, but outside the scope of, any inspection conducted by him, nor shall this section exonerate a public employee from liability for failure to protect against a dangerous condition as provided in chapter 4.
L.1972, c. 45, s. 59:3-7.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-8 - Institution or prosecution of judicial or administrative proceeding

59:3-8. Institution or prosecution of judicial or administrative proceeding
A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment.
L.1972, c. 45, s. 59:3-8.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-9 - Entry upon property

59:3-9. Entry upon property
A public employee is not liable for his entry upon any property where such entry is expressly or impliedly authorized by law. Nothing in this section exonerates a public employee from liability for an injury proximately caused subsequent to such entry by his own negligent or wrongful act or omission.
L.1972, c. 45, s. 59:3-9.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-11 - Recreational facilities

59:3-11. Recreational facilities
A public employee is not liable for the failure to provide supervision of public recreational facilities. Nothing in this section exonerates a public employee for negligence in the supervision of a public recreational facility.
L.1972, c. 45, s. 59:3-11.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-14 - Public employee immunity--exception

59:3-14. Public employee immunity--exception
a. Nothing in this act shall exonerate a public employee from liability if it is established that his conduct was outside the scope of his employment or constituted a crime, actual fraud, actual malice or willful misconduct.
b. Nothing in this act shall exonerate a public employee from the full measure of recovery applicable to a person in the private sector if it is established that his conduct was outside the scope of his employment or constituted a crime, actual fraud, actual malice or willful misconduct.
L.1972, c. 45, s. 59:3-14.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-15 - Immunity from liability for certain professional services under certain circumstances.

59:3-15 Immunity from liability for certain professional services under certain circumstances.
1. Notwithstanding any other provision of law to the contrary and except as provided in P.L.2014, c.53 (C.59:3-15 et seq.), an architect licensed pursuant to R.S.45:3-1 et seq. or a professional engineer licensed pursuant to P.L.1938, c.342 (C.45:8-27 et seq.) shall not be personally liable for any personal injury, wrongful death, property damage, or other loss caused by an act, error, or omission while practicing architecture or engineering, respectively, if the practice of architecture or engineering was performed:
a. voluntarily and without compensation;
b. at the request of a public safety official, acting in an official capacity; and
c. at the scene of a declared national, State, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event, during or within 90 days following the emergency, or for any extended period as determined by executive order issued by the Governor under the Governor's emergency executive powers.
For purposes of the New Jersey Tort Claims Act, N.J.S.59:1-1 et seq., an architect or engineer entitled to immunity under this section shall be considered an employee of the public entity on whose behalf the public safety official requested that the architect or engineer perform the practice of architecture or engineering. Nothing in P.L.2014, c.53 (C.59:3-15 et seq.) shall be construed to provide such architect or engineer with any right or entitlement to workers' compensation from such public entity.
As used in this section:
"Public safety official" means any appointed or elected federal, State, or local official with executive responsibility to coordinate public safety or law enforcement in the jurisdiction in which the emergency has occurred.
"Employee" shall have the meaning ascribed to it in N.J.S.59:1-3.
L.2014, c.53, s.1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:3-16 - Immunity protection not provided under certain circumstances.

59:3-16 Immunity protection not provided under certain circumstances.
2. An architect or professional engineer shall not be considered an employee of a public entity pursuant to N.J.S.59:1-1 et seq. and shall not have the immunity protection provided by section 1 of this act if:
a. the architect or professional engineer, or a private entity for which the architect or engineer is employed, has any existing contract for services with the public entity, other than the State of New Jersey, whose public safety officer made the request for architectural or engineering services provided under section 1 of this act;
b. the architect or professional engineer, or a private entity for which the architect or engineer is employed, enters into any contract for services that involve the performance of any additional architectural or engineering services related to the voluntary, uncompensated services performed for the public entity whose public safety officer made the request for architectural or engineering services provided under section 1 of this act; or
c. the act or omission by the architect or engineer involves actual fraud, actual malice, willful misconduct or an intentional wrong.
L.2014, c.53, s.2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-1 - Definitions

59:4-1. Definitions
As used in this chapter:
a. "Dangerous condition" means a condition of property that creates a substantial risk of injury when such property is used with due care in a manner in which it is reasonably foreseeable that it will be used.
b. "Protect against" includes repairing, remedying or correcting a dangerous condition, providing safeguards against a dangerous condition, or warning of a dangerous condition.
c. "Public property" means real or personal property owned or controlled by the public entity, but does not include easements, encroachments and other property that are located on the property of the public entity but are not owned or controlled by the public entity.
L.1972, c. 45, s. 59:4-1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-2 - Liability generally

59:4-2. Liability generally
A public entity is liable for injury caused by a condition of its property if the plaintiff establishes that the property was in dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:
a. a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or
b. a public entity had actual or constructive notice of the dangerous condition under section 59:4-3 a sufficient time prior to the injury to have taken measures to protect against the dangerous condition.
Nothing in this section shall be construed to impose liability upon a public entity for a dangerous condition of its public property if the action the entity took to protect against the condition or the failure to take such action was not palpably unreasonable.
L.1972, c. 45, s. 59:4-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-3 - Actual notice; constructive notice

59:4-3. Actual notice; constructive notice
a. A public entity shall be deemed to have actual notice of a dangerous condition within the meaning of subsection b. of section 59:4-2 if it had actual knowledge of the existence of the condition and knew or should have known of its dangerous character.
b. A public entity shall be deemed to have constructive notice of a dangerous condition within the meaning of subsection b. of section 59:4-2 only if the plaintiff establishes that the condition had existed for such a period of time and was of such an obvious nature that the public entity, in the exercise of due care, should have discovered the condition and its dangerous character.
L.1972, c. 45, s. 59:4-3.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-4 - Failure to provide emergency warning signals

59:4-4. Failure to provide emergency warning signals
Subject to section 59:4-2 of this act, a public entity shall be liable for injury proximately caused by its failure to provide emergency signals, signs, markings or other devices if such devices were necessary to warn of a dangerous condition which endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care.
L.1972, c. 45, s. 59:4-4.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-5 - Failure to provide ordinary traffic signals--Immunity

59:4-5. Failure to provide ordinary traffic signals--Immunity
Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide ordinary traffic signals, signs, markings or other similar devices.
L.1972, c. 45, s. 59:4-5.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-6 - Plan or design immunity

59:4-6. Plan or design immunity
a. Neither the public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of public property, either in its original construction or any improvement thereto, where such plan or design has been approved in advance of the construction or improvement by the Legislature or the governing body of a public entity or some other body or a public employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved.
L.1972, c. 45, s. 59:4-6.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-7 - Weather conditions; effect on use of streets and highways--immunity

59:4-7. Weather conditions; effect on use of streets and highways--immunity
Neither a public entity nor a public employee is liable for an injury caused solely by the effect on the use of streets and highways of weather conditions.
L.1972, c. 45, s. 59:4-7.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-8 - Condition of unimproved public property--immunity

59:4-8. Condition of unimproved public property--immunity
Neither a public entity nor a public employee is liable for an injury caused by a condition of any unimproved public property, including but not limited to any natural condition of any lake, stream, bay, river or beach.
L.1972, c. 45, s. 59:4-8.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-9 - Unimproved and unoccupied portions of certain lands--immunity

59:4-9. Unimproved and unoccupied portions of certain lands--immunity
Neither a public entity nor a public employee is liable for any injury caused by a condition of the unimproved and unoccupied portions of the tidelands and submerged lands, and the beds of navigable rivers, streams, lakes, bays, estuaries, inlets and straits owned by the State.
L.1972, c. 45, s. 59:4-9.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:4-10 - Immunity from liability relative to community forestry

59:4-10. Immunity from liability relative to community forestry
16. a. Except as provided pursuant to N.J.S.59:3-14, a shade tree commission, or a member of a shade tree commission, or a volunteer participating in a community forestry program as provided for by P.L.1996, c.135 (C.13:1L-17.1 et al.), is not liable for an injury or death caused directly or indirectly by a tree or shrub, or any part thereof, if:
(1) the tree or shrub, or pertinent part thereof, is on public property or on a public easement or right-of-way, or the tree or shrub, regardless of its location, is regulated, planted, cared for, controlled, or maintained by the shade tree commission; and
(2) the local government or the shade tree commission has participated in and successfully completed a training skills and accreditation program established pursuant to section 6 of P.L.1996, c.135 (C.13:1L-17.6) and has a comprehensive community forestry plan approved pursuant to section 7 of that act.
b. The existence of a municipal shade tree commission established pursuant to R.S.40:64-1 et seq. or a county shade tree commission established pursuant to R.S.40:37-1 et seq., or the fact that a municipality or county has otherwise provided for the regulation, planting, care, control, or maintenance of trees or shrubs within its jurisdiction, shall not be cause to immunize a private person from liability for an injury caused directly or indirectly by a tree or shrub, or any part thereof, who otherwise would be liable for that injury.
L.1996,c.135,s.16.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:5-1 - Failure to provide prison, jail or correctional facilities

59:5-1. Failure to provide prison, jail or correctional facilities
Neither a public entity nor a public employee is liable for failure to provide a prison, jail or penal or correctional facility, or if such facility is provided, for failure to provide sufficient equipment, personnel or facilities in a prison or other correction facility.
L.1972, c. 45, s. 59:5-1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:5-2 - Parole or escape of prisoner; injuries between prisoners; pursuit for law enforcement purposes.

59:5-2 Parole or escape of prisoner; injuries between prisoners; pursuit for law enforcement purposes.
59:5-2. Parole or escape of prisoner; injuries between prisoners ; pursuit for law enforcement purposes.
Neither a public entity nor a public employee is liable for:
a. An injury resulting from the parole or release of a prisoner or from the terms and conditions of his parole or release or from the revocation of his parole or release;
b. any injury caused by:
(1) an escaping or escaped prisoner;
(2) an escaping or escaped person;
(3) a person resisting arrest or evading arrest;
(4) a prisoner to any other prisoner; or
c. any injury resulting from or caused by a law enforcement officer's pursuit of a person.
L.1972, c.45, s.59:5-2; amended 1997, c.423, s.2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:5-4 - Failure to provide police protection

59:5-4. Failure to provide police protection
Neither a public entity nor a public employee is liable for failure to provide police protection service or, if police protection service is provided, for failure to provide sufficient police protection service.
L.1972, c. 45, s. 59:5-4.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:5-5 - Failure to make arrest or retain person arrested in custody

59:5-5. Failure to make arrest or retain person arrested in custody
Neither a public entity nor a public employee is liable for injury caused by the failure to make an arrest or by the failure to retain an arrested person in custody.
L.1972, c. 45, s. 59:5-5.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:5-6 - No liability after voluntary release from police custody

59:5-6. No liability after voluntary release from police custody
a. Neither a public entity nor a public employee is liable for any injury suffered by a motor vehicle driver upon his voluntary release from police custody after reasonable precautions have been taken so that the driver is released in a position of relative safety and refuge following his arrest on a charge of operating a motor vehicle while under the influence of intoxicating liquor or drugs, pursuant to R.S.39:4-50.
b. Neither a public entity nor a public employee is liable for any injury suffered by a motor vehicle occupant upon his voluntary release from police detention after reasonable precautions have been taken so that the occupant is released in a position of relative safety and refuge following the arrest of a motor vehicle driver on a charge of operating a motor vehicle while under the influence of intoxicating liquor or drugs, pursuant to R.S.39:4-50.
L.1989, c.325, s.1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-1 - Definitions

59:6-1. Definitions
As used in this chapter:
"Medical facility" means a hospital, infirmary, clinic, dispensary, mental institution, or similar facility.
"Mental institution" means any facility for the care or treatment of persons committed for mental illness.
"Mental illness" means mental illness, mental disorder bordering on mental illness, mental deficiency, epilepsy, dipsomania or inebriety, sexual psychopathy, or such mental abnormality as to evidence utter lack of power to control sexual impulses.
"Drug dependent persons" means a person who is using a controlled dangerous substance and who is in a state of psychic or physical dependence, or both, arising from the use of that controlled dangerous substance on a continuous basis. Drug dependence is characterized by behavior or other responses, including but not limited to, a strong compulsion to take the substance on a recurring basis in order to experience its psychic effects or to avoid the discomfort of its absence.
L.1972, c. 45, s. 59:6-1.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-2 - Failure to provide medical facilities or mental institutions

59:6-2. Failure to provide medical facilities or mental institutions
Neither a public entity nor a public employee is liable for failure to provide a medical facility or mental institution, or if such facility or institution is provided, for the failure to provide sufficient equipment, personnel or facilities in a mental institution or medical facility.
L.1972, c. 45, s. 59:6-2.
2023 New Jersey Revised Statutes › Title 59 - Claims Against Public Entities › Section 59:6-3 - Prevention of disease or controlling communication of disease

59:6-3. Prevention of disease or controlling communication of disease
Neither a public entity nor a public employee is liable for an injury resulting from the decision to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication of disease within the community.
L.1972, c. 45, s. 59:6-3.