S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7747
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development
 
 AN ACT to amend the vehicle and traffic law and  the  parks,  recreation
   and  historic  preservation  law,  in  relation to fees for snowmobile
   trail development and maintenance

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4-a of section 2222 of the vehicle and traffic
 law, as amended by chapter 609 of the laws of 2005, is amended  to  read
 as follows:
   4-a.  Additional  fee.  In  addition to the other fees provided for in
 paragraphs (a), (b) and (c) of subdivision  four  of  this  section  the
 commissioner  shall, upon application in such cases for the registration
 of a snowmobile or the renewal thereof, collect the annual [ninety]  ONE
 HUNDRED  FIFTEEN dollar fee for residents and [ninety] ONE HUNDRED FORTY
 dollar fee for nonresidents and a thirty-five dollar fee  for  residents
 and  thirty-five  dollar  fee for nonresidents who provide proof, at the
 time of registration, that such individual is a member of  an  organized
 New  York  state  snowmobile club that is a member of the New York state
 snowmobile association or is a member of an  organized  New  York  state
 snowmobile  club  that is a trail maintenance entity and a member of the
 New York state snowmobile association which are imposed by section 21.07
 of the parks, recreation and historic preservation  law.  In  the  event
 that an individual seeking snowmobile club membership is unable, for any
 reason,  to  secure  such club membership, he or she may contact the New
 York state snowmobile association, who shall secure such membership  for
 such  person.  This fee shall also be collected from dealers at the time
 of original registration and at the time of each  renewal.  The  commis-
 sioner  shall effectuate regulations regarding what is required as proof
 of membership in an organized New York state snowmobile club that  is  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11404-01-1
              

 A. 7747                             2
 
 trail  maintenance  entity and a member of the New York state snowmobile
 association for the purposes of this subdivision.
   §  2.  Subdivision  1  of  section  21.07 of the parks, recreation and
 historic preservation law, as amended by chapter  609  of  the  laws  of
 2005, is amended to read as follows:
   1.  A  fee  of  [ninety] ONE HUNDRED FIFTEEN dollars is hereby imposed
 upon the resident, and [ninety]  ONE  HUNDRED  FORTY  dollars  upon  the
 nonresident,  owner of a snowmobile for the snowmobile trail development
 and maintenance fund to be paid to the commissioner  of  motor  vehicles
 upon  the  registration  thereof  in  addition  to  the registration fee
 required by the vehicle and traffic law, the payment of which fee hereby
 imposed shall be a condition  precedent  to  such  individual  resident,
 individual nonresident or dealer registration.
   § 3. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7747--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development --  recommit-
   ted to the Committee on Tourism, Parks, Arts and Sports Development in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend the vehicle and traffic law and the parks, recreation
   and historic preservation law, in  relation  to  fees  for  snowmobile
   trail development and maintenance
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 2222 of the  vehicle  and  traffic
 law is amended by adding a new paragraph (f) to read as follows:
   (F)  A  FEE OF FIVE DOLLARS FOR EACH INDIVIDUAL RESIDENT AND NON-RESI-
 DENT VINTAGE REGISTRATION.
   § 2. Subdivision 4-a of section 2222 of the vehicle and  traffic  law,
 as  amended  by  chapter  609 of the laws of 2005, is amended to read as
 follows:
   4-a. Additional fee. (A) In addition to the other fees provided for in
 paragraphs (a), (b) and (c) of subdivision  four  of  this  section  the
 commissioner  shall, upon application in such cases for the registration
 of a snowmobile or the renewal thereof, collect the annual [ninety]  ONE
 HUNDRED  TWENTY-FIVE  dollar  fee for residents and [ninety] ONE HUNDRED
 TWENTY-FIVE dollar fee for nonresidents and a  [thirty-five]  FIFTY-FIVE
 dollar  fee  for  residents  and [thirty-five] FIFTY-FIVE dollar fee for
 nonresidents who provide proof, at the time of registration,  that  such
 individual  is  a  member of an organized New York state snowmobile club
 that is a member of the New York state snowmobile association  or  is  a
 member  of  an  organized New York state snowmobile club that is a trail
 maintenance entity and a member of the New York state snowmobile associ-
 ation which are imposed by section 21.07 of the  parks,  recreation  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11404-06-2
              

 A. 7747--A                          2
 
 historic preservation law. In the event that an individual seeking snow-
 mobile  club  membership  is unable, for any reason, to secure such club
 membership, he or she may contact the New York state snowmobile  associ-
 ation,  who shall secure such membership for such person. This fee shall
 also be collected from dealers at the time of original registration  and
 at  the  time  of  each renewal. The commissioner shall effectuate regu-
 lations regarding what is required as proof of membership in  an  organ-
 ized  New  York state snowmobile club that is a trail maintenance entity
 and a member of the  New  York  state  snowmobile  association  for  the
 purposes of this subdivision.
   (B)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
 SIONER IS HEREBY AUTHORIZED AND DIRECTED TO DEVELOP AND ISSUE TO  APPLI-
 CANTS A SPECIAL VINTAGE REGISTRATION FOR A SNOWMOBILE MANUFACTURED PRIOR
 TO  JANUARY  FIRST,  NINETEEN  HUNDRED EIGHTY. SUCH VINTAGE REGISTRATION
 SHALL BE IDENTIFIABLE BY A VINTAGE REGISTRATION STICKER, HAVE  A  UNIQUE
 REGISTRATION NUMBER AND BE SUBJECT TO ANNUAL RENEWAL. IN ADDITION TO THE
 FEES  COLLECTED  PURSUANT  TO  PARAGRAPH (F) OF SUBDIVISION FOUR OF THIS
 SECTION, THE COMMISSIONER SHALL COLLECT AN ANNUAL FEE OF TEN DOLLARS FOR
 A RESIDENT AND NON-RESIDENT APPLICANT WHO PROVIDES PROOF, AT THE TIME OF
 REGISTRATION, THAT SUCH INDIVIDUAL IS A MEMBER OF AN ORGANIZED NEW  YORK
 STATE  SNOWMOBILE CLUB THAT IS A MEMBER OF THE NEW YORK STATE SNOWMOBILE
 ASSOCIATION OR IS A MEMBER OF AN ORGANIZED  NEW  YORK  STATE  SNOWMOBILE
 CLUB  THAT  IS  A  TRAIL MAINTENANCE ENTITY AND A MEMBER OF THE NEW YORK
 STATE SNOWMOBILE ASSOCIATION. THE COMMISSIONER MAY PROVIDE THAT APPLICA-
 TIONS FOR A VINTAGE SNOWMOBILE REGISTRATION AND THE ISSUING OF A VINTAGE
 SNOWMOBILE REGISTRATION MAY ONLY BE ACCEPTED AND  PROCESSED  AT  ONE  OR
 MORE FACILITIES OPERATED BY THE DEPARTMENT EITHER BY MAIL OR IN PERSON.
   §  3. Section 21.07 of the parks, recreation and historic preservation
 law, as amended by chapter 609 of the laws of 2005, is amended  to  read
 as follows:
   §  21.07  Fee  for snowmobile trail development and maintenance.  1. A
 fee of [ninety] ONE HUNDRED TWENTY-FIVE dollars is hereby  imposed  upon
 the  resident,  and  [ninety]  ONE  HUNDRED TWENTY-FIVE dollars upon the
 nonresident, owner of a snowmobile for the snowmobile trail  development
 and  maintenance  fund  to be paid to the commissioner of motor vehicles
 upon the registration  thereof  in  addition  to  the  registration  fee
 required by the vehicle and traffic law, the payment of which fee hereby
 imposed  shall  be  a  condition  precedent to such individual resident,
 individual nonresident or dealer registration.
   2. Notwithstanding the fee as established in subdivision one  of  this
 section,  an individual resident or nonresident registering a snowmobile
 who provides proof at the time of registration, that such individual  is
 a member of an organized New York state snowmobile club that is a member
 of the New York state snowmobile association or is a member of an organ-
 ized  New  York state snowmobile club that is a trail maintenance entity
 and a member of the New York state  snowmobile  association,  shall  pay
 [thirty-five]  FIFTY-FIVE dollars for each snowmobile for the snowmobile
 trail development and maintenance fund in addition to  the  registration
 required by the vehicle and traffic law. In the event that an individual
 seeking  snowmobile club membership is unable, for any reason, to secure
 such club membership, he or she may contact the New York  state  snowmo-
 bile association, who shall secure such membership for such person.
   3.  NOTWITHSTANDING THE FEE AS ESTABLISHED IN SUBDIVISIONS ONE AND TWO
 OF  THIS  SECTION,  AN  INDIVIDUAL RESIDENT OR NONRESIDENT REGISTERING A
 VINTAGE SNOWMOBILE WHO PROVIDES PROOF AT THE TIME OF REGISTRATION,  THAT
 SUCH  INDIVIDUAL  IS  A MEMBER OF AN ORGANIZED NEW YORK STATE SNOWMOBILE
 A. 7747--A                          3
 
 CLUB THAT IS A MEMBER OF THE NEW YORK STATE SNOWMOBILE ASSOCIATION OR IS
 A MEMBER OF AN ORGANIZED NEW YORK STATE SNOWMOBILE CLUB THAT IS A  TRAIL
 MAINTENANCE ENTITY AND A MEMBER OF THE NEW YORK STATE SNOWMOBILE ASSOCI-
 ATION, SHALL PAY AN ADDITIONAL FEE OF TEN DOLLARS FOR EACH VINTAGE SNOW-
 MOBILE  FOR  THE  SNOWMOBILE  TRAIL  DEVELOPMENT AND MAINTENANCE FUND IN
 ADDITION TO THE REGISTRATION REQUIRED BY THE VEHICLE AND TRAFFIC LAW. IN
 THE EVENT THAT AN  INDIVIDUAL  SEEKING  SNOWMOBILE  CLUB  MEMBERSHIP  IS
 UNABLE,  FOR  ANY  REASON, TO SECURE SUCH CLUB MEMBERSHIP, HE OR SHE MAY
 CONTACT THE NEW YORK STATE SNOWMOBILE ASSOCIATION, WHO SHALL SECURE SUCH
 MEMBERSHIP FOR SUCH PERSON.
   § 4. Subdivisions 3, 4 and 5 of section 27.17 of the parks, recreation
 and historic preservation law, subdivision 3 as amended by section 2  of
 part  G  of  chapter  82 of the laws of 2002 and subdivisions 4 and 5 as
 amended by chapter 88 of the laws  of  1988,  are  amended  to  read  as
 follows:
   3. Every county or, where applicable, any city, town or village within
 such county, shall be eligible for a grant for the development and main-
 tenance  of  a  system  of snowmobile trails and a program with relation
 thereto within its boundaries. Such grants shall be made by the  commis-
 sioner  and may constitute up to one hundred percent of the cost of such
 program including expenditures incurred for signs and markers of snowmo-
 bile trails. Any county or, where applicable, any city, town or  village
 within  such county, applying for such grant shall submit to the commis-
 sioner by September first of each year an [estimate of such expenditures
 for the current fiscal year,] APPLICATION in such  form  and  containing
 such  information  as  the  commissioner  may  require. No city, town or
 village may apply for such grant where the county  within  which  it  is
 contained has submitted an application for the same fiscal year. For the
 purpose  of this section, "fiscal year" shall mean the period from April
 first through March thirty-first. The commissioner shall review all such
 applications and shall determine the amount of state aid to be allocated
 to each county or, where applicable, any city, town  or  village  within
 such  county  in  accordance  with the provisions of subdivision five of
 this section. Of the amount the commissioner determines each county  or,
 where applicable, any city, town or village within such county is eligi-
 ble to receive, seventy percent shall be made available for distribution
 by November first and thirty percent for distribution upon demonstration
 of  completion,  submitted by June first[, of the program] FOLLOWING THE
 PROJECT YEAR, OR SUCH DATE AS CONTAINED IN THE APPLICATION.
   4. [Not more than thirty percent] FIVE HUNDRED THOUSAND DOLLARS of the
 snowmobile trail development and maintenance fund, as determined by  the
 commissioner,  shall  be  made  available  to  the  commissioner and the
 commissioner of environmental conservation for snowmobile trail develop-
 ment and maintenance on state owned lands; provided, however,  that  any
 such  maintenance  and  development  on  forest  preserve lands shall be
 undertaken in accordance with the master  plan  for  the  management  of
 state  lands  pursuant to section eight hundred sixteen of the executive
 law.
   5. The amount of state aid to be allocated to each  county  or,  where
 applicable, any city, town or village within such county, shall be drawn
 upon  the monies remaining in the snowmobile trail development and main-
 tenance fund after withdrawal pursuant to subdivisions two and  four  of
 this  section and shall be determined by the commissioner as hereinafter
 provided. [The commissioner shall determine  the  percentage  proportion
 which  the  authorized  expenditures of each individual county or, where
 applicable, any city, town or village within such county shall  bear  to
 A. 7747--A                          4

 the  total authorized expenditures of all the counties, cities, towns or
 villages for snowmobile trail development and  maintenance  pursuant  to
 this  section  during  the fiscal year. Such percentage proportion shall
 then  be  applied against the amount received in additional fees imposed
 by section 21.07 of this chapter for registration of snowmobiles  during
 such  fiscal  year,  to the extent only and not exceeding the balance of
 such fund remaining after the payment of expenses as set forth  in  this
 section.  The amount thus determined shall constitute the maximum amount
 of state aid to which each county or, where applicable, any  city,  town
 or village within such county, shall be entitled. The commissioner shall
 certify  to  the  comptroller the amount thus determined for each county
 or, where applicable, any city, town or village within such  county,  as
 the  amount  of  state  aid  to  be apportioned to such county or, where
 applicable, any city, town or village within such county.]  THE  COMMIS-
 SIONER  SHALL  ESTIMATE AN AMOUNT NOT TO EXCEED FOUR MILLION TWO HUNDRED
 THOUSAND DOLLARS THAT IS AVAILABLE FOR STATE AID, AND SHALL  DEFINE  AND
 ESTABLISH A BASE RATE PER MILE OF TRAIL, WHICH SHALL CONSTITUTE THE BASE
 GRANT  TO EACH LOCAL SPONSOR.    FOR THE PURPOSES OF THIS SECTION, LOCAL
 SPONSOR SHALL MEAN A COUNTY ENGAGING AND ASSISTING  IN  THE  DEVELOPMENT
 AND  MAINTENANCE  OF  A  SYSTEM  OF SNOWMOBILE TRAILS AND A PROGRAM WITH
 RELATION THERETO WITHIN ITS BOUNDARIES TO ENCOURAGE SAFETY, TOURISM  AND
 UTILIZATION,  OR IN THE EVENT A COUNTY DOES NOT UNDERTAKE SUCH A PROGRAM
 OR SYSTEM OF TRAILS, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY  WHICH
 UNDERTAKES  THE  SAME.  SUCH STATE AID SHALL BE PROVIDED AS DESCRIBED IN
 SUBDIVISION ONE OF THIS SECTION. THE COMMISSIONER SHALL PAY OVER TO  THE
 MUNICIPAL  SPONSOR THE THIRTY PERCENT OF THE OUTSTANDING BASE GRANT UPON
 COMPLETION OF THE PROJECT. THE COMMISSIONER, IN  CONSULTATION  WITH  THE
 DIVISION  OF  BUDGET,  MAY PAY EXPENSES IN EXCESS OF THE BASE GRANT WHEN
 THE MUNICIPAL SPONSOR CAN DEMONSTRATE THAT  APPROVED  EXPENSES  EXCEEDED
 AMOUNTS  PROVIDED FOR IN THE COMBINED PAYMENTS, AND ADDITIONAL FUNDS ARE
 AVAILABLE FROM THE SNOWMOBILE TRAIL DEVELOPMENT  AND  MAINTENANCE  FUND.
 THE COMMISSIONER SHALL CALCULATE ALL EXPENSES SUBMITTED IN EXCESS OF THE
 BASE  GRANT  AND  MAY  DISTRIBUTE  ADDITIONAL AID ON A PRORATED BASIS TO
 SUPPORT SUCH EXPENSES.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.