S T A T E O F N E W Y O R K
________________________________________________________________________
10122--A
I N A S S E M B L Y
March 5, 2010
___________
Introduced by M. of A. ENGLEBRIGHT, DelMONTE, McENENY, TITONE -- read
once and referred to the Committee on Tourism, Parks, Arts and Sports
Development -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the parks, recreation and historic preservation law, in
relation to providing for a three-year and a five-year access fee
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The parks, recreation and historic preservation law is
amended by adding two new sections 13.18 and 13.20 to read as follows:
S 13.18 THREE-YEAR VEHICULAR ACCESS FEE. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE OFFICE OR OTHER STATE AGENCY
HAVING JURISDICTION OF A STATE PARK OR RECREATIONAL FACILITY SHALL
ESTABLISH A THREE-YEAR VEHICULAR ACCESS FEE WHICH SHALL RUN FROM APRIL
FIRST OF THE YEAR OF ISSUANCE TO MARCH THIRTY-FIRST OF THE THIRD YEAR
FOLLOWING SUCH ISSUANCE, ENTITLING THE HOLDER THEREOF TO A PASS FOR
VEHICULAR ADMISSION WITHOUT ADDITIONAL FEE TO ANY STATE PARK AND RECRE-
ATIONAL FACILITY WHICH HAS A VEHICULAR ACCESS FEE. SUCH THREE-YEAR FEE
SHALL BE CONSISTENT WITH THE FEE SCHEDULE ESTABLISHED PURSUANT TO
SECTION 13.15 OF THIS ARTICLE AND SHALL BE APPROVED BY THE DIRECTOR OF
THE BUDGET.
2. THE PASS FOR VEHICULAR ACCESS SHALL BE KNOWN AS THE "THREE-YEAR
EMPIRE PASSPORT". THE PASS SHALL BE AVAILABLE AT REGIONAL PARK HEADQUAR-
TERS AND SUCH OTHER PLACES AS THE OFFICE OR OTHER STATE AGENCY SHALL
DESIGNATE. SUCH PASS, HAVING AN EMBLEM OF THE BLUEBIRD THEREON, SHALL
BE AVAILABLE IN A FORM PRESCRIBED BY THE OFFICE.
3. SUCH PASS FOR VEHICULAR ACCESS SHALL NOT BE AVAILABLE TO THE OWNER
OR OPERATOR OF AN OMNIBUS OPERATED FOR A COMMERCIAL PURPOSE, UNLESS SUCH
OMNIBUS IS OPERATED BY OR PURSUANT TO AN AGREEMENT WITH A PUBLIC OR
PRIVATE NONPROFIT AGENCY FOR THE PURPOSE OF TRANSPORTING PERSONS TO OR
FROM STATE PARKS FOR A RECREATIONAL EXPERIENCE.
4. IF DEMONSTRATED THAT THE USE OF THE PASS FOR VEHICULAR ACCESS IN
PARTICULAR PARKS OR RECREATIONAL FACILITIES IS CONTRARY TO THE PUBLIC
INTEREST, THE OFFICE OR SUCH OTHER STATE AGENCY HAVING JURISDICTION MAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16112-05-0
A. 10122--A 2
PROHIBIT ITS USE IN SUCH PARTICULAR PARKS OR RECREATIONAL FACILITIES BY
RULE OR REGULATION.
5. THE OFFICE OR OTHER STATE AGENCY HAVING JURISDICTION OF A STATE
PARK OR RECREATIONAL FACILITY SHALL PROMULGATE SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
S 13.20 FIVE-YEAR VEHICULAR ACCESS FEE. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE OFFICE OR OTHER STATE AGENCY
HAVING JURISDICTION OF A STATE PARK OR RECREATIONAL FACILITY SHALL
ESTABLISH A FIVE-YEAR ACCESS FEE WHICH SHALL RUN FROM APRIL FIRST OF THE
YEAR OF ISSUANCE TO MARCH THIRTY-FIRST OF THE FIFTH YEAR FOLLOWING SUCH
ISSUANCE, ENTITLING THE HOLDER THEREOF TO A PASS FOR VEHICULAR ADMISSION
WITHOUT ADDITIONAL FEE TO ANY STATE PARK AND RECREATIONAL FACILITY WHICH
HAS AN ACCESS FEE. SUCH FIVE-YEAR FEE SHALL BE CONSISTENT WITH THE FEE
SCHEDULE ESTABLISHED PURSUANT TO SECTION 13.15 OF THIS ARTICLE AND SHALL
BE APPROVED BY THE DIRECTOR OF THE BUDGET.
2. THE PASS FOR VEHICULAR ACCESS SHALL BE KNOWN AS THE "FIVE-YEAR
EMPIRE PASSPORT". THE PASS SHALL BE AVAILABLE AT REGIONAL PARK HEADQUAR-
TERS AND SUCH OTHER PLACES AS THE OFFICE OR SUCH OTHER STATE AGENCY
SHALL DESIGNATE. SUCH PASS, HAVING AN EMBLEM OF THE BROOK TROUT THERE-
ON, SHALL BE AVAILABLE IN A FORM PRESCRIBED BY THE OFFICE.
3. SUCH PASS FOR VEHICULAR ACCESS SHALL NOT BE AVAILABLE TO THE OWNER
OR OPERATOR OF AN OMNIBUS OPERATED FOR A COMMERCIAL PURPOSE, UNLESS SUCH
OMNIBUS IS OPERATED BY OR PURSUANT TO AN AGREEMENT WITH A PUBLIC OR
PRIVATE NONPROFIT AGENCY FOR THE PURPOSE OF TRANSPORTING PERSONS TO OR
FROM STATE PARKS FOR A RECREATIONAL EXPERIENCE.
4. IF DEMONSTRATED THAT THE USE OF THE PASS FOR VEHICULAR ACCESS IN
PARTICULAR PARKS OR RECREATIONAL FACILITIES IS CONTRARY TO THE PUBLIC
INTEREST, THE OFFICE OR SUCH OTHER STATE AGENCY HAVING JURISDICTION MAY
PROHIBIT ITS USE IN SUCH PARTICULAR PARKS OR RECREATIONAL FACILITIES BY
RULE OR REGULATION.
5. THE OFFICE OR OTHER STATE AGENCY HAVING JURISDICTION OF A STATE
PARK OR RECREATIONAL FACILITY SHALL PROMULGATE SUCH RULES AND REGU-
LATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect January 1, 2011.