S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2156

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Tourism, Arts and Sports Development

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting   the  use  of  all-terrain  vehicles  within  the  forest
  preserve, the Long Island central pine barrens  and  the  Albany  pine
  bush  preserve,  and providing penalties for violations of all-terrain
  vehicle laws in such sensitive areas

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  9-0303  of the environmental conservation law is
amended by adding a new subdivision 8 to read as follows:
  8. ALL-TERRAIN VEHICLES. A. FOR THE PURPOSES OF THIS SUBDIVISION:
  (I) "ALL-TERRAIN VEHICLE" SHALL MEAN A MOTOR VEHICLE WHICH IS MANUFAC-
TURED FOR OPERATION PRIMARILY FOR OFF-HIGHWAY USE OR OFF-HIGHWAY  COMPE-
TITIONS  AND  ONLY  INCIDENTALLY  OPERATED ON PUBLIC HIGHWAYS; PROVIDED,
HOWEVER, SUCH TERM SHALL NOT INCLUDE A SNOWMOBILE.
  (II) "SNOWMOBILE" SHALL MEAN A MOTOR VEHICLE DESIGNED  FOR  TRAVEL  ON
SNOW OR ICE BY MEANS OF A COMBINATION OF TRACKS AND A SKI OR SKIS.
  B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE
OF ALL-TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE FOREST PRESERVE
IS PROHIBITED.
  C.  A  QUALIFIED  PERSON  WITH A DISABILITY TO WHOM THE DEPARTMENT HAS
ISSUED A NONTRANSFERABLE  TEMPORARY  REVOCABLE  PERMIT  PROVIDING  MOTOR
VEHICLE  ACCESS  TO  CERTAIN  STATE  LANDS UNDER THE JURISDICTION OF THE
DEPARTMENT MAY USE AN ALL-TERRAIN VEHICLE  PURSUANT  TO  THE  TERMS  AND
CONDITIONS OF SUCH PERMIT.
  D. EMPLOYEES OF THE DEPARTMENT MAY USE ALL-TERRAIN VEHICLES FOR APPRO-
PRIATE  ADMINISTRATIVE  PURPOSES WHERE NECESSARY AND CONSISTENT WITH THE
PROVISIONS OF THE ADIRONDACK PARK STATE LAND MASTER PLAN OR THE CATSKILL
PARK STATE LAND MASTER PLAN.  THE  DEPARTMENT  SHALL  NOT  DELEGATE  ITS
AUTHORITY PURSUANT TO THIS PARAGRAPH.
  E.  ALL-TERRAIN  VEHICLES  MAY  BE USED BY APPROPRIATE OFFICIALS WHERE
NECESSARY FOR LAW ENFORCEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD05438-01-9

A. 2156                             2

  F. ALL-TERRAIN VEHICLES MAY BE USED, BY OR UNDER  THE  SUPERVISION  OF
APPROPRIATE  OFFICIALS,  IN CASES OF SUDDEN, ACTUAL AND ONGOING EMERGEN-
CIES THAT INVOLVED THE PROTECTION  OR  PRESERVATION  OF  HUMAN  LIFE  OR
INTRINSIC  RESOURCE  VALUES,  AND  THAT  INVOLVE SEARCH AND RESCUE OPER-
ATIONS, FOREST FIRES OR LARGE-SCALE CONTAMINATION OF WATER BODIES.
  S  2.  Subparagraph  (v)  of  paragraph  a of subdivision 2 of section
46-0111 of the environmental conservation law, as added by  chapter  792
of the laws of 1988, is amended to read as follows:
  (v)  other recreational uses; PROVIDED, HOWEVER, THAT, NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE OF ALL-TERRAIN VEHI-
CLES BY THE GENERAL PUBLIC WITHIN  THE  ALBANY  PINE  BUSH  PRESERVE  IS
PROHIBITED.
  S 3. Paragraph (d) of subdivision 2 of section 57-0121 of the environ-
mental conservation law, as added by chapter 262 of the laws of 1993, is
amended to read as follows:
  (d)  promote  active and passive recreational and environmental educa-
tional uses that are consistent with the land use plan; PROVIDED, HOWEV-
ER, THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,
THE USE OF ALL-TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE CENTRAL
PINE BARRENS AREA IS PROHIBITED; and
  S  4.  The  environmental  conservation law is amended by adding a new
section 71-0717 to read as follows:
S 71-0717. ADDITIONAL ALL-TERRAIN VEHICLE ENFORCEMENT ON SENSITIVE STATE
             LANDS.
  1. IN ADDITION TO THE  PENALTIES  SET  FORTH  IN  SUBDIVISION  ONE  OF
SECTION  71-0703 OF THIS TITLE, AND SECTIONS 71-4001 AND 71-4003 OF THIS
ARTICLE, A POLICE OFFICER OR PEACE OFFICER MAY IMMEDIATELY  IMPOUND  ANY
ALL-TERRAIN  VEHICLE  OPERATED  IN  VIOLATION  OF  SUBDIVISION  EIGHT OF
SECTION 9-0303, PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION  57-0121  OR
SUBPARAGRAPH (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION 46-0111 OF
THIS  CHAPTER.  SUCH  IMPOUNDED  ALL-TERRAIN  VEHICLE SHALL BE PROCESSED
CONSISTENT WITH THE PROVISIONS OF SECTION FIVE HUNDRED ELEVEN-B  OF  THE
VEHICLE  AND  TRAFFIC  LAW;  PROVIDED,  HOWEVER, THAT A SURCHARGE OF ONE
HUNDRED DOLLARS SHALL BE PAID BY THE OWNER OF  SUCH  VEHICLE,  AND  SUCH
FUNDS  SHALL BE DEPOSITED INTO A SEPARATE, NON-LAPSING ALL-TERRAIN VEHI-
CLE ENFORCEMENT FUND OF THE IMPOUNDING LAW ENFORCEMENT AGENCY, EXCEPT AS
PROVIDED BY SUBDIVISION TWO OF THIS SECTION.
  2. WHERE THE IMPOUNDING OFFICER IS A PEACE  OFFICER  EMPLOYED  BY  THE
DEPARTMENT,  THE  ENVIRONMENTAL  REGULATORY ACCOUNT OF THE ENVIRONMENTAL
CONSERVATION SPECIAL REVENUE FUND SHALL  BE  CREDITED  WITH  THE  MONIES
RECEIVED FROM THE SURCHARGE REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
MONIES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE TO
THE  DEPARTMENT  FOR  THE  PURPOSE OF ENFORCING ALL-TERRAIN VEHICLE LAWS
APPLICABLE TO THE FOREST PRESERVE, LONG ISLAND CENTRAL PINE BARRENS AREA
AND THE ALBANY PINE BUSH PRESERVE.
  S 5. Nothing in this act shall be deemed to limit the authority of any
county, city, town or village to adopt or amend any local law  or  ordi-
nance  which  imposes stricter restrictions and conditions on the opera-
tion of all-terrain vehicles than are provided  or  authorized  by  this
act,  so  long  as  such  local  law or ordinance is consistent with the
authority to protect the order,  conduct,  health,  safety  and  general
welfare  of  persons or property. Nothing in this act shall be deemed to
alter or invalidate any local law or ordinance in effect on  the  effec-
tive date of this act.
  S 6. This act shall take effect immediately.