S T A T E O F N E W Y O R K
________________________________________________________________________
2966
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
___________
Introduced by M. of A. BARCLAY, BURLING, SAYWARD, CROUCH, RABBITT,
GIGLIO -- Multi-Sponsored by -- M. of A. BACALLES, BARRA, CALHOUN,
CONTE, FINCH, FITZPATRICK, HAWLEY, KOLB, MILLER, OAKS, O'MARA, QUINN,
RAIA, SALADINO, SCOZZAFAVA, TEDISCO, TOWNSEND, WALKER -- read once and
referred to the Committee on Tourism, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law, the
vehicle and traffic law and the environmental conservation law, in
relation to all terrain vehicles; to amend the state finance law, in
relation to establishing the all terrain vehicle trail developmental
maintenance fund; to repeal subdivision 4 of section 2404 of the vehi-
cle and traffic law relating to seating for the operator and passenger
of an all terrain vehicle; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1.03 of the parks, recreation and historic preser-
vation law is amended by adding a new subdivision 19 to read as follows:
19. "QUALIFIED ORGANIZATION" SHALL MEAN AN ORGANIZATION WHICH HAS AS
ONE OF ITS PRIMARY PURPOSES THE DEVELOPMENT, MAINTENANCE, PROMOTION AND
ENHANCEMENT OF ALL TERRAIN VEHICLE RECREATIONAL OPPORTUNITIES, AND WHICH
HAS BEEN CERTIFIED AS SUCH AN ORGANIZATION BY THE COMMISSIONER.
S 2. The parks, recreation and historic preservation law is amended by
adding a new title D-1 to read as follows:
TITLE D-1
ALL TERRAIN VEHICLES
ARTICLE 26
GENERAL PROVISIONS
SECTION 26.01 LEGISLATIVE FINDINGS AND PURPOSE.
26.03 JURISDICTION OF OFFICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02806-01-9
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26.05 RULES AND REGULATIONS.
S 26.01 LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS
THAT IT IS IN THE PUBLIC INTEREST TO REGISTER ALL TERRAIN VEHICLES AS
RECREATIONAL VEHICLES FOR THE PURPOSE OF ENFORCEMENT OF REASONABLE
PROVISIONS CONCERNING THEIR USE AND CONTROL; TO ENCOURAGE THE SPORT OF
ALL TERRAIN VEHICLE RIDING AS A FAMILY ACTIVITY; TO PROMOTE THE PROPER
AND SAFE USE AND OPERATION OF ALL TERRAIN VEHICLES; TO PROVIDE AN
ADEQUATE SAFETY EDUCATIONAL PROGRAM FOR YOUTHFUL OPERATORS; TO LIMIT THE
OPERATION OF ALL TERRAIN VEHICLES UPON PUBLIC HIGHWAYS AND PRIVATE PROP-
ERTY WITHOUT THE CONSENT OF THE OWNER; TO PROTECT AND PRESERVE THE
STATE'S NATURAL RESOURCES, INCLUDING WILDLIFE, WILD FORESTS, WATERS, AND
SCENIC AND WILDERNESS CHARACTER; TO REDUCE THE EFFECT ON THE ENVIRONMENT
OF EXCESS NOISE; AND TO INSURE PRIVACY OF REMOTE AREAS. IT IS THE
PURPOSE OF THIS TITLE TO PROMOTE THE SAFE AND PROPER USE OF ALL TERRAIN
VEHICLES FOR RECREATION AND COMMERCE IN THIS STATE BY ENCOURAGING THEIR
USE IN DESIGNATED AREAS, ON PROPERTY HELD BY LOCAL GOVERNMENTS AND
PRIVATE INDIVIDUALS WORKING IN CONJUNCTION WITH A PRIVATE ALL TERRAIN
VEHICLE TRAIL DEVELOPER AUTHORIZED TO RECEIVE ASSISTANCE PURSUANT TO
THIS TITLE AND BY PRIVATE OWNERS, PREPARED FOR SUCH USE.
S 26.03 JURISDICTION OF OFFICE. THE CONTROL AND SUPERVISION OF ANY
ACTIVITY CONDUCTED PURSUANT TO THE PROVISIONS OF THIS TITLE SHALL BE
UNDER THE JURISDICTION OF THE OFFICE.
S 26.05 RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH
RULES AND REGULATIONS AS HE OR SHE MAY DEEM NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS ARTICLE.
S 3. The parks, recreation and historic preservation law is amended by
adding three new sections 27.19, 27.21 and 27.23 to read as follows:
S 27.19 STATE AID; ALL TERRAIN VEHICLES ENFORCEMENT. 1. EVERY COUNTY,
CITY, TOWN AND VILLAGE ENFORCING THE PROVISIONS OF THE VEHICLE AND TRAF-
FIC LAW RELATING TO ALL TERRAIN VEHICLES SHALL BE ENTITLED TO RECEIVE
STATE AID AS PROVIDED IN THIS SECTION. A COUNTY, CITY, TOWN OR VILLAGE
SEEKING REIMBURSEMENT FOR EXPENDITURES INCURRED IN THE ENFORCEMENT OF
THE VEHICLE AND TRAFFIC LAW RELATING TO ALL TERRAIN VEHICLES SHALL
SUBMIT TO THE COMMISSIONER BY JANUARY FIRST OF EACH YEAR AN ESTIMATE OF
SUCH EXPENDITURES FOR THE CURRENT FISCAL YEAR, IN SUCH FORM AND CONTAIN-
ING SUCH INFORMATION AS THE COMMISSIONER MAY REQUIRE. WITHIN ONE MONTH
AFTER THE CLOSE OF THE FISCAL YEAR, EACH SUCH COUNTY, CITY, TOWN OR
VILLAGE SHALL SUBMIT TO THE COMMISSIONER A STATEMENT OF AUTHORIZED
EXPENDITURES ACTUALLY INCURRED, IN SUCH FORM AND CONTAINING SUCH INFOR-
MATION AS HE OR SHE MAY REQUIRE. FOR THE PURPOSES OF THIS SECTION AND
SECTION 27.21 OF THIS ARTICLE, "FISCAL YEAR" SHALL MEAN THE PERIOD FROM
APRIL FIRST THROUGH MARCH THIRTY-FIRST.
2. THE COMMISSIONER SHALL DETERMINE THE AMOUNT OF AUTHORIZED EXPENDI-
TURES BY EACH COUNTY, CITY, TOWN AND VILLAGE. EACH COUNTY, CITY, TOWN
AND VILLAGE SHALL RECEIVE THE STATE AID AUTHORIZED BY DIVIDING ITS
AUTHORIZED EXPENDITURES AS DETERMINED PURSUANT TO THIS SUBDIVISION BY
THE AMOUNT OF ALL SUCH AUTHORIZED EXPENDITURES AND MULTIPLYING THE
RESULT BY TWENTY-FIVE PERCENT OF THE MONEYS DEPOSITED IN THE ALL TERRAIN
VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND FOR THE FISCAL YEAR.
ENFORCEMENT MONEYS SHALL BE KEPT BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION FOR THE SOLE PURPOSE OF ALL TERRAIN VEHICLE ENFORCEMENT IN
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ENFORCEMENT FUND.
S 27.21 STATE AID; SAFETY; EDUCATION AND TRAINING. 1. EVERY COUNTY,
CITY, TOWN, VILLAGE AND QUALIFIED ORGANIZATION SHALL BE ENTITLED TO
RECEIVE STATE AID AS PROVIDED IN THIS SECTION. A COUNTY, CITY, TOWN,
VILLAGE OR QUALIFIED ORGANIZATION SHALL BE ELIGIBLE FOR A GRANT FOR THE
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DEVELOPMENT AND FACILITATION OF SAFETY, EDUCATION AND TRAINING PROGRAMS
RELATED TO THE ALL TERRAIN VEHICLE USE. SUCH GRANTS SHALL BE MADE BY THE
COMMISSIONER AND MAY CONSTITUTE UP TO ONE HUNDRED PERCENT OF THE COST OF
SUCH PROGRAM. ANY COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED ORGANIZATION
APPLYING FOR SUCH GRANT SHALL SUBMIT TO THE COMMISSIONER BY JANUARY
FIRST OF EACH YEAR AN ESTIMATE OF SUCH EXPENDITURES FOR THE FOLLOWING
FISCAL YEAR, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMIS-
SIONER MAY REQUIRE. THE COMMISSIONER SHALL REVIEW ALL SUCH APPLICATIONS
AND SHALL DETERMINE THE AMOUNT OF STATE AID TO BE ALLOCATED TO EACH
COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED ORGANIZATION. OF THE AMOUNT
THE COMMISSIONER DETERMINES EACH COUNTY, CITY, TOWN, VILLAGE OR QUALI-
FIED ORGANIZATION IS ELIGIBLE TO RECEIVE, DISTRIBUTION SHALL BE MADE
ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE COMMISSIONER WITH SUCH
DISTRIBUTION TO BE MADE IN FULL ON OR BEFORE THE COMPLETION OF THE
PROGRAM.
2. EACH COUNTY, CITY, TOWN, VILLAGE AND QUALIFIED ORGANIZATION SHALL
RECEIVE THE STATE AID AUTHORIZED BY DIVIDING ITS AUTHORIZED EXPENDITURES
AS DETERMINED PURSUANT TO THIS SECTION BY THE AMOUNT OF ALL SUCH AUTHOR-
IZED EXPENDITURES AND MULTIPLYING THE RESULT BY FIVE PERCENT OF THE
MONEYS DEPOSITED IN THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAIN-
TENANCE FUND.
S 27.23 STATE AID; ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTE-
NANCE FUND. 1. EVERY QUALIFIED ORGANIZATION ENGAGING OR ASSISTING IN
THE DEVELOPMENT AND MAINTENANCE OF A SYSTEM OF ALL TERRAIN VEHICLE
TRAILS AND/OR A PROGRAM RELATING THERETO SHALL BE ENTITLED TO RECEIVE,
IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMISSION-
ER, STATE AID AS PROVIDED IN THIS SECTION. ANY FUNDS RECEIVED BY SUCH
ORGANIZATION PURSUANT TO THIS SECTION SHALL BE DEDICATED FOR ALL TERRAIN
VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND PROGRAMS EXCLUSIVELY.
2. THE COMMISSIONER MAY DRAW UPON THE MONIES DEPOSITED IN THE ALL
TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND FOR EXPENSES,
INCLUDING PERSONAL SERVICES, AS APPROVED BY THE STATE COMPTROLLER, AND
IS HEREBY AUTHORIZED TO ASSIGN UP TO ONE EMPLOYEE OF HIS OR HER OFFICE
TO CARRY OUT SUCH RESPONSIBILITIES AND TO PAY THEIR SALARIES, BENEFITS
AND EXPENSES OUT OF SUCH FUND. THE COMMISSIONER SHALL DIRECT SUCH STAFF
TO WORK IN COOPERATION WITH ONE OR MORE STATEWIDE ORGANIZATIONS CERTI-
FIED BY THE COMMISSIONER AS REPRESENTING THE INTERESTS OF ALL TERRAIN
VEHICLE USERS TO MAXIMIZE THE EFFECTIVENESS OF THE ALL TERRAIN VEHICLE
TRAIL DEVELOPMENT AND MAINTENANCE FUND. SUCH COOPERATION MAY INCLUDE,
BUT NOT BE LIMITED TO, THE DEVELOPMENT OF A STATEWIDE ALL TERRAIN VEHI-
CLE TRAIL MAP AND USER GUIDE TO BE MADE AVAILABLE TO THE DEPARTMENT OF
MOTOR VEHICLES FOR THE PURPOSES OF DISTRIBUTION TO ALL TERRAIN VEHICLE
USERS UPON REGISTRATION OF THEIR ALL TERRAIN VEHICLE, PURSUANT TO SUBDI-
VISION TWO-A OF SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE VEHICLE AND
TRAFFIC LAW. AN ANALYSIS OF ANTICIPATED REVENUES FOR SUCH FUND AND AN
ANALYSIS OF THE PERCENTAGE OF REVENUE ANTICIPATED TO BE USED BY THE
COMMISSIONER FOR EXPENSES, PERSONAL SERVICES AND STAFF SHALL BE DRAFTED
AND FORWARDED ANNUALLY TO THE GOVERNOR AND THE DIRECTOR OF THE BUDGET.
3. EVERY QUALIFIED ORGANIZATION SHALL BE ELIGIBLE FOR A GRANT, EXCEPT
AS PROHIBITED IN SUBDIVISION FOUR OF THIS SECTION, TO BE USED FOR DEVEL-
OPMENT AND MAINTENANCE OF ALL TERRAIN VEHICLE TRAILS; LEASING OR
PURCHASE OF PROPERTY WHERE TRAILS MAY BE DEVELOPED; FACILITIES RELATED
TO THE USE AND ENJOYMENT OF TRAILS; MAINTENANCE, AND PURCHASE OR LEASE
OF EQUIPMENT RELATED TO THE DEVELOPMENT AND UPKEEP OF TRAILS AND RELATED
FACILITIES; AND/OR ANY OTHER COSTS OF ADMINISTERING A PROGRAM RELATING
THERETO WITHIN ITS BOUNDARIES. SUCH GRANTS SHALL BE MADE BY THE COMMIS-
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SIONER AND MAY CONSTITUTE UP TO FIFTY PERCENT OF THE COST OF SUCH
PROGRAM INCLUDING EXPENDITURES INCURRED FOR SIGNS AND MARKERS OF ALL
TERRAIN VEHICLE TRAILS. ANY QUALIFIED ORGANIZATION APPLYING FOR SUCH
GRANT SHALL SUBMIT TO THE COMMISSIONER BY JANUARY FIRST OF EACH YEAR AN
ESTIMATE OF SUCH EXPENDITURES FOR THE FOLLOWING FISCAL YEAR, IN SUCH
FORM AND CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY REQUIRE.
THE COMMISSIONER SHALL REVIEW ALL SUCH APPLICATIONS AND SHALL DETERMINE
THE AMOUNT OF STATE AID TO BE ALLOCATED TO EACH QUALIFIED ORGANIZATION
IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION. OF
THE AMOUNT THE COMMISSIONER DETERMINES EACH QUALIFIED ORGANIZATION IS
ELIGIBLE TO RECEIVE, DISTRIBUTION SHALL BE MADE ACCORDING TO A SCHEDULE
TO BE DETERMINED BY THE COMMISSIONER WITH SUCH DISTRIBUTION TO BE MADE
IN FULL ON OR BEFORE THE COMPLETION OF THE PROGRAM.
4. NO STATE AID SHALL BE ALLOCATED PURSUANT TO THIS SECTION FOR USE IN
ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE ON PUBLIC LANDS
UNDER JURISDICTION OF THIS STATE, INCLUDING LANDS ON WHICH THE STATE
OWNS CONSERVATION OR RECREATION EASEMENTS, OR WHERE THE COMMISSIONER
DETERMINES THAT THE EXPENDITURE IS NOT IN THE BEST INTERESTS OF THE
STATE AND ISSUES A WRITTEN DETERMINATION THERETO.
5. NO MORE THAN TEN PERCENT OF THE REMAINING MONEYS IN THE ALL TERRAIN
VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND SHALL BE USED PURSUANT TO
THIS SECTION FOR OWNERS WHO PRESENT A CLAIM TO THE FUND FOR PAYMENT FOR
THE REMEDIATION OF DAMAGES CAUSED BY THE UNLAWFUL USE OF THEIR PROPERTY
BY ALL TERRAIN VEHICLES PROVIDED THE CLAIM IS FILED WITHIN THIRTY DAYS
OF THE DAMAGE HAVING OCCURRED, THE CLAIM IS FOR THREE THOUSAND DOLLARS
OR LESS, THE PRIVATE PROPERTY OWNER HAS NOT FILED A CLAIM WITHIN THE
PRECEDING TEN YEARS AND THERE EXISTS CLEAR AND CONVINCING EVIDENCE THAT
THE ALLEGED DAMAGE WAS CAUSED BY THE ILLEGAL USE OF ALL TERRAIN VEHI-
CLES. NO APPLICATION MAY BE MADE FOR DAMAGES THAT EXISTED PRIOR TO THE
EFFECTIVE DATE OF THIS SUBDIVISION. ADDITIONALLY, NO STATE AID SHALL BE
ALLOCATED PURSUANT TO THIS SECTION FOR USE IN ALL TERRAIN VEHICLE TRAIL
DEVELOPMENT AND MAINTENANCE WHERE THE COMMISSIONER DETERMINES, IN WRIT-
ING, THAT THE EXPENDITURE OR PROJECT IS NOT IN THE BEST INTERESTS OF THE
STATE. IN MAKING SUCH A DETERMINATION THE COMMISSIONER MAY CONSIDER, BUT
NOT BE LIMITED TO, THE FOLLOWING FACTORS WHEN DETERMINING THE APPROPRI-
ATENESS OF AN ALL TERRAIN VEHICLE TRAIL PROJECT: (A) THREAT TO PUBLIC
LANDS DUE TO THE PROJECT'S CLOSE PROXIMITY TO SUCH LANDS AND (B)
LOCATION ADJACENT TO RECOGNIZED NATURE AREAS OR WILDLIFE HABITAT AREAS.
6. THE AMOUNT OF STATE AID TO BE ALLOCATED TO EVERY QUALIFIED ORGAN-
IZATION, SHALL BE DRAWN UPON THE MONIES REMAINING IN THE ALL TERRAIN
VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND AFTER WITHDRAWAL PURSUANT
TO SUBDIVISIONS TWO AND FOUR OF THIS SECTION AND SECTIONS 27.19 AND
27.21 OF THIS ARTICLE AS SHALL BE DETERMINED BY THE COMMISSIONER PURSU-
ANT TO THIS SUBDIVISION. THE COMMISSIONER SHALL DETERMINE THE PERCENTAGE
PROPORTION WHICH THE AUTHORIZED EXPENDITURES OF EACH INDIVIDUAL QUALI-
FIED ORGANIZATION, SHALL BEAR TO THE TOTAL AUTHORIZED EXPENDITURES OF
ALL ORGANIZATIONS FOR ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
AND/OR PROGRAMS PURSUANT TO THIS SECTION DURING THE FISCAL YEAR. SUCH
PERCENTAGE PROPORTION SHALL BE MULTIPLIED BY THE MONIES REMAINING IN THE
ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND. THE AMOUNT
THUS DETERMINED SHALL CONSTITUTE THE MAXIMUM AMOUNT OF STATE AID TO
WHICH EACH QUALIFIED ORGANIZATION, SHALL BE ENTITLED. THE COMMISSIONER
SHALL CERTIFY TO THE STATE COMPTROLLER THE AMOUNT THUS DETERMINED FOR
EACH QUALIFIED ORGANIZATION AS THE AMOUNT OF STATE AID TO BE APPORTIONED
TO QUALIFIED ORGANIZATIONS.
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7. THE COMMISSIONER IS AUTHORIZED TO ACCEPT APPLICATIONS AND CERTIFY
QUALIFIED ORGANIZATIONS, WHETHER PUBLIC, PRIVATE OR GOVERNMENT ENTITIES,
PURSUANT TO SUBDIVISION NINETEEN OF SECTION 1.03 OF THIS CHAPTER. THE
COMMISSIONER IS ALSO AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ACCOM-
PLISH THESE PURPOSES.
8. IN THE EVENT THAT ANY FUNDS REMAIN AFTER DISTRIBUTION AS AUTHORIZED
IN THIS SECTION, AND SECTIONS 27.19 AND 27.21 OF THIS ARTICLE IN A
FISCAL YEAR, SUCH FUNDS SHALL BE RETAINED IN THE ALL TERRAIN VEHICLE
TRAIL DEVELOPMENT AND MAINTENANCE FUND AND SHALL BE MADE AVAILABLE FOR
GRANTS IN THE FOLLOWING FISCAL YEAR.
9. THE COMMISSIONER SHALL REPORT UPON THE PUBLIC RECORD AND ON THE
OFFICE WEB SITE, THE BALANCE OF THE FUND AT THE BEGINNING OF EACH FISCAL
YEAR AND THE INDIVIDUAL AND COMBINED TOTALS OF THE EXPENDITURES AUTHOR-
IZED UNDER THIS SECTION, AND ANY OTHER INFORMATION ABOUT THE STATUS OF
THE PROGRAM AS HE OR SHE MAY DIRECT.
S 4. Section 2282 of the vehicle and traffic law is amended by adding
a new subdivision 2-a to read as follows:
2-A. THE COMMISSIONER SHALL MAKE AVAILABLE TO ALL TERRAIN VEHICLE
USERS, AT THE TIME OF REGISTRATION OF AN ALL TERRAIN VEHICLE, AND ANY
TIME THEREAFTER, ANY ALL TERRAIN VEHICLE TRAIL MAP AND USER GUIDE AS
PROMULGATED BY THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRES-
ERVATION PURSUANT TO SUBDIVISION TWO OF SECTION 27.23 OF THE PARKS,
RECREATION AND HISTORIC PRESERVATION LAW WITHIN THREE YEARS OF THE
EFFECTIVE DATE OF THIS SUBDIVISION.
S 5. Subdivision 1 of section 2283 of the vehicle and traffic law is
amended by adding four new paragraphs (a), (b), (c) and (d) to read as
follows:
(A) A SET OF PERMANENT REGISTRATION NUMBER PLATES SHALL BE PLACED ON
AN ALL TERRAIN VEHICLE. ONE PLATE SHALL BE PLACED ON THE FRONT OF THE
VEHICLE AND ONE ON THE REAR OF THE VEHICLE, AS HIGH AS POSSIBLE ABOVE
AND BETWEEN THE REAR TIRES, EACH SECURELY FASTENED SO AS TO PREVENT THE
SAME FROM SWINGING.
(B) SUCH PLATES SHALL DISPLAY THE REGISTRATION NUMBER, CORRESPONDING
TO THAT OF THE REGISTRATION CERTIFICATE. THERE SHALL BE A MARKED
CONTRAST BETWEEN THE COLOR OF THE PLATES AND THAT OF THE NUMERALS OR
LETTERS THEREON. SUCH PLATES SHALL BE OF SUCH MATERIAL, FORM, DESIGN AND
DIMENSION, AS THE COMMISSIONER SHALL PRESCRIBE; PROVIDED THAT, SUCH
DIMENSIONS AT A MINIMUM SHALL BE THREE AND ONE-HALF INCHES VERTICAL AND
SIX INCHES HORIZONTAL.
(C) SUCH PLATES SHALL BE KEPT CLEAN AND IN A CONDITION SO AS TO BE
EASILY READABLE AND SHALL NOT BE COVERED BY GLASS OR ANY PLASTIC, AND
THE VIEW THEREOF SHALL NOT BE OBSTRUCTED BY ANY PART OF THE VEHICLE OR
BY ANYTHING CARRIED THEREON.
(D) THE DEPARTMENT IS HEREBY AUTHORIZED TO APPLY AND USE ONE DOLLAR
AND TWENTY-FIVE CENTS OF THE FEE OR CHARGE FOR SUCH PLATES FOR THE COSTS
OF MANUFACTURING AND REGISTRATION.
S 6. Subdivision 4 of section 2404 of the vehicle and traffic law is
REPEALED.
S 7. Subdivision 4 of section 2282 of the vehicle and traffic law, as
amended by chapter 402 of the laws of 1986, is amended to read as
follows:
4. Fees. Fees for registration of ATVs to be collected by the commis-
sioner under this article are as follows.
(a) [An annual fee of ten dollars for each individual resident regis-
tration.
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(b) An annual fee of ten dollars for each individual nonresident
registration.
(c)] An annual fee of twenty-five dollars for each dealer registra-
tion.
[(d)] (B) An annual fee of five dollars for each additional dealer
demonstrator registration number.
[(e)] (C) A fee of three dollars for replacement of a lost, mutilated
or destroyed certificate.
[(f)] (D) Provided, however, that the provisions of paragraphs [(c)]
(A) and [(d)] (B) of this subdivision with respect to the payment of
dealer registration fees shall not apply to dealers registered pursuant
to section four hundred fifteen of this chapter.
[(g)] (E) Annual fees shall not be prorated and such fees shall be
applicable to a year or any portion of a year.
(F) NO NEW FEES SHALL BE AUTHORIZED TO BE IMPOSED ON ANY INDIVIDUAL
RESIDENT OR NONRESIDENT FOR THE REGISTRATION OF AN ALL TERRAIN VEHICLE
UNTIL THE STATE SHALL HAVE TRANSFERRED NOT LESS THAN TEN MILLION DOLLARS
FROM THE GENERAL FUND TO THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND
MAINTENANCE FUND, AND SHALL HAVE EXPENDED NOT LESS THAN TEN MILLION
DOLLARS FROM THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE
FUND FOR PROGRAMS TO DEVELOP AND MAINTAIN THE ATV TRAIL SYSTEM.
S 8. Paragraph (c) of subdivision 3 of section 2406 of the vehicle and
traffic law, as added by chapter 402 of the laws of 1986, is amended and
a new paragraph (d) is added to read as follows:
(c) as an authorized emergency ATV or civil defense ATV, as an emer-
gency vehicle unless it is equipped with one or more lighted, red or
combination red or white light or lights which is or are revolving,
rotating, flashing, oscillating or constantly moving and which has or
have minimum candle power of sufficient intensity to be plainly visible
from a distance of five hundred feet in all directions under normal
atmospheric conditions[.];
(D) UNLESS HE OR SHE IS RIDING ONLY UPON THE PERMANENT AND REGULAR
SEAT ATTACHED THERETO, AND SUCH OPERATOR SHALL NOT CARRY ANY OTHER
PERSON NOR SHALL ANY OTHER PERSON RIDE ON AN ATV UNLESS SUCH ATV IS
DESIGNED TO CARRY MORE THAN ONE PERSON, IN WHICH EVENT A PASSENGER MAY
RIDE UPON THE PERMANENT AND REGULAR SEAT IF DESIGNED FOR TWO PERSONS, OR
UPON ANOTHER SEAT FIRMLY ATTACHED TO THE ATV AT THE REAR OR SIDE OF THE
OPERATOR.
S 9. The vehicle and traffic law is amended by adding a new section
2414 to read as follows:
S 2414. FAILURE TO COMPLY; FINES AND PENALTIES. 1. FAILURE TO COMPLY
WITH A PROVISION OF LAW REGARDING THE OPERATION OF AN ATV SHALL CONSTI-
TUTE A VIOLATION AND SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE
HUNDRED DOLLARS; PROVIDED, HOWEVER, THAT A VIOLATION OF SECTION TWENTY-
FOUR HUNDRED SIX OF THIS ARTICLE SHALL BE PUNISHABLE BY A FINE OF NOT
MORE THAN FIFTY DOLLARS. A REPEAT VIOLATION OF ANY SUCH PROVISION OF LAW
WITHIN A FIVE YEAR PERIOD SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN
ONE HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS, PROVIDED
HOWEVER THAT A REPEAT VIOLATION OF SECTION TWENTY-FOUR HUNDRED SIX OF
THIS ARTICLE SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED
DOLLARS.
2. IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION ONE OF THIS
SECTION, A POLICE OFFICER OR PEACE OFFICER MAY IMMEDIATELY IMPOUND AN
ATV FOR ANY OF THE FOLLOWING REASONS:
(A) OPERATION OF AN ATV ON OTHER THAN DESIGNATED ROUTES WITHIN THE
FOREST PRESERVE;
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(B) VIOLATION OF SECTION TWENTY-TWO HUNDRED EIGHTY-THREE OF THIS TITLE
WHEN SUCH VIOLATION CONSTITUTES BOTH A SECOND OFFENSE OF SUCH SECTION
WITHIN EIGHTEEN MONTHS AND IS A VIOLATION OF SECTION TWENTY-FOUR HUNDRED
THREE OF THIS ARTICLE; OR
(C) OPERATION OF AN ATV UPON ANY PUBLIC OR PRIVATE PROPERTY WITHIN THE
STATE DURING THE COMMISSION OF A SEPARATE MISDEMEANOR OR FELONY AS
DEFINED IN THE PENAL LAW; PROVIDED HOWEVER THAT A VIOLATION OF SUBDIVI-
SION (A) OF SECTION 140.10 OF THE PENAL LAW SHALL NOT IN ITSELF CONSTI-
TUTE A SEPARATE MISDEMEANOR FOR PURPOSES OF THIS PARAGRAPH.
3. EACH SUCH IMPOUNDED ATV SHALL BE PROCESSED CONSISTENT WITH THE
PROVISIONS OF SECTION FIVE HUNDRED ELEVEN-B OF THIS CHAPTER.
4. IN THE EVENT THAT A FINE IS ASSESSED AGAINST A MINOR FOR ILLEGAL
OPERATION OF AN ATV, THE PARENT OR LEGAL GUARDIAN OF SUCH MINOR SHALL BE
WHOLLY RESPONSIBLE FOR THE REMITTANCE OF SUCH FINE.
5. FIFTY PERCENT OF THE PROCEEDS OF THE FINES COLLECTED IN ACCORDANCE
WITH THIS SECTION SHALL BE PROVIDED TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION FOR THE PURPOSE OF ENSURING THAT ALL TERRAIN VEHICLES DO
NOT TRESPASS ONTO PUBLIC LANDS UNDER JURISDICTION OF THE STATE, EXCEPT
IN CASES WHERE THE ARRESTING OFFICER IS A PEACE OFFICER EMPLOYED BY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN WHICH CASE SUCH DEPARTMENT
SHALL RECEIVE ONE HUNDRED PERCENT OF SUCH PROCEEDS.
S 10. The state finance law is amended by adding a new section 91-h to
read as follows:
S 91-H. ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF
PARKS, RECREATION AND HISTORIC PRESERVATION AND THE STATE COMPTROLLER A
SPECIAL FUND TO BE KNOWN AS THE "ALL TERRAIN VEHICLE TRAIL DEVELOPMENT
AND MAINTENANCE FUND". THE MONIES IN SUCH FUND SHALL BE AVAILABLE FOR
PAYMENT OF ANY AND ALL COSTS AND EXPENDITURES INCURRED IN PERFORMING ANY
OF THE WORK REQUIRED IN DEVELOPING AND MAINTAINING A SYSTEM OF ALL
TERRAIN VEHICLE TRAILS AND/OR PROGRAMS PURSUANT TO SECTIONS 27.19, 27.21
AND 27.23 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW,
INCLUDING COSTS AND EXPENSES INCIDENTAL AND APPURTENANT THERETO.
2. MONIES IN THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE
FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY
OTHER MONIES IN THE JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER OR
THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION.
3. THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND
SHALL CONSIST OF ALL MONIES APPROPRIATED, CREDITED OR TRANSFERRED THERE-
TO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
4. THE MONIES IN SUCH FUND SHALL BE APPROPRIATED BY THE LEGISLATURE
AND PAID OUT PURSUANT TO SECTIONS 27.19, 27.21 AND 27.23 OF THE PARKS,
RECREATION AND HISTORIC PRESERVATION LAW ON THE AUDIT AND WARRANT OF THE
STATE COMPTROLLER ON VOUCHERS CERTIFIED BY THE COMMISSIONER OF PARKS,
RECREATION AND HISTORIC PRESERVATION.
S 11. Section 17-1411 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
3. THE COMMISSIONER MAY PROMULGATE REGULATIONS NECESSARY TO PROTECT
THE STATE'S NATURAL RESOURCES FROM THE DEVELOPMENT, MAINTENANCE AND USE
OF ALL TERRAIN VEHICLE TRAILS.
S 12. Nothing in this act shall be deemed to limit the authority of
any county, city, town or village from adopting or amending a local law
or ordinance which imposes stricter restrictions and conditions on the
operation of all terrain vehicles than are provided or authorized by
this act, so long as such local law or ordinance is consistent with its
authority to protect the order, conduct, health, safety and general
A. 2966 8
welfare of persons or property. Nothing in this act shall be deemed to
alter or invalidate any local law or ordinance already in effect prior
to the effective date of this act.
S 13. The sum of ten million dollars ($10,000,000) is hereby appropri-
ated to the all terrain vehicle trail development and maintenance fund
out of any moneys in the state treasury in the general fund to the cred-
it of the local assistance account, not otherwise appropriated, and made
immediately available, for carrying out the purposes of the all terrain
vehicle trail development and maintenance fund. Such moneys shall be
payable on the audit and warrant of the comptroller on vouchers certi-
fied or approved by the commissioner of parks, recreation and historic
preservation in the manner prescribed by law.
S 14. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law, except that the state aid
authorized by subdivisions 2, 3, 4 and 6 of section 27.23 of the parks,
recreation and historic preservation law, as added by section three of
this act, shall be payable in fiscal years commencing one year after
such effective date; provided however, sections five, six, eight, nine
and eleven of this act shall take effect on the one hundred twentieth
day after it shall have become a law; and provided further that effec-
tive immediately, the amendment, addition and/or repeal of any rule or
regulation necessary for the timely implementation of this act upon its
effective date is hereby authorized and directed to be completed on or
before such effective date.