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

                                  4356

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by M. of A. MORELLE, HOYT, ORTIZ, ENGLEBRIGHT -- Multi-Spon-
  sored by  --  M.  of  A.    BOYLAND,  CANESTRARI,  CHRISTENSEN,  COOK,
  DelMONTE,  DESTITO, GALEF, MAGEE, MARKEY, McENENY, P. RIVERA, TOWNS --
  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
  state  finance  law, the vehicle and traffic law and the environmental
  conservation law, in relation to the all terrain vehicle trail  devel-
  opment,  maintenance and enforcement fund and to amend the vehicle and
  traffic law, in relation to the enforcement of the  operation  of  all
  terrain  vehicles  and  to  the  registration of such vehicles; and to
  repeal certain provisions of the  vehicle  and  traffic  law  relating
  thereto

  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 a new title D-1 to read as follows:

                                TITLE D-1
                          ALL TERRAIN VEHICLES
                               ARTICLE 26
                           GENERAL PROVISIONS
SECTION 26.01 JURISDICTION OF OFFICE.
        26.03 FEE FOR ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
              AND ENFORCEMENT.
        26.05 RULES AND REGULATIONS.
  S  26.01  JURISDICTION  OF  OFFICE. THE CONTROL AND SUPERVISION OF THE
PROVISIONS OF THIS TITLE SHALL BE UNDER THE JURISDICTION OF THE OFFICE.
  S 26.03 FEE FOR ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND
ENFORCEMENT.  1. A FEE OF TEN DOLLARS IS HEREBY IMPOSED UPON A RESIDENT,
AND TWENTY DOLLARS UPON A NON-RESIDENT, OWNER OF AN ALL TERRAIN  VEHICLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00434-01-9
              

A. 4356                             2

FOR  THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND ENFORCE-
MENT FUND, TO BE PAID TO THE COMMISSIONER OF  MOTOR  VEHICLES  UPON  THE
REGISTRATION  OF  SUCH  VEHICLE  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 NON-RESIDENT OR DEALER REGISTRATION.
  2. THE ALL TERRAIN VEHICLE FEE PAID  BY  ALL  TERRAIN  VEHICLE  OWNERS
SHALL BE DEPOSITED INTO THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAIN-
TENANCE  AND  ENFORCEMENT  FUND  PURSUANT  TO  PARAGRAPHS (A) AND (B) OF
SUBDIVISION FOUR OF SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE VEHICLE
AND TRAFFIC LAW AND SECTION NINETY-TWO-O OF THE STATE  FINANCE  LAW  FOR
USE  IN THE PURCHASE, LEASE OR OTHER ACQUISITION OF PRIVATE PROPERTY AND
FOR THE MAINTENANCE AND DEVELOPMENT OF ALL  TERRAIN  VEHICLE  TRAILS  ON
PROPERTY  HELD  BY  LOCAL  GOVERNMENTS  AUTHORIZED TO RECEIVE ASSISTANCE
UNDER THIS TITLE.
  3. OF THE MONIES IN THE FUND, NOT LESS THAN TWENTY-FIVE PERCENT  SHALL
BE  DEPOSITED  INTO  THE  ALL TERRAIN VEHICLE ENFORCEMENT ACCOUNT ESTAB-
LISHED WITHIN THE FUND PURSUANT TO PARAGRAPH (A) OF SUBDIVISION  TWO  OF
SECTION  NINETY-TWO-O  OF THE STATE FINANCE LAW AND NOT LESS THAN TWENTY
PERCENT SHALL BE DEPOSITED INTO THE ALL TERRAIN VEHICLE  DAMAGE  REMEDI-
ATION  ACCOUNT  ESTABLISHED WITHIN THE FUND PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION TWO OF SECTION NINETY-TWO-O OF THE STATE FINANCE LAW.
  S 26.05 RULES AND REGULATIONS. THE COMMISSIONER SHALL MAKE SUCH  RULES
AND  REGULATIONS  AS  HE  OR  SHE  MAY  DEEM  NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS ARTICLE.
  S 2. The parks, recreation and historic preservation law is amended by
adding four new sections 27.19,  27.21,  27.23  and  27.25  to  read  as
follows:
  S 27.19 STATE AID; ALL TERRAIN VEHICLES ENFORCEMENT. 1. THE DEPARTMENT
OF  ENVIRONMENTAL  CONSERVATION  AND EVERY COUNTY, CITY, TOWN OR VILLAGE
ENFORCING THE PROVISIONS OF THE VEHICLE AND TRAFFIC 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, INCLUDING  EXPENDITURES  INCURRED  FOR
SIGNS  AND MARKERS THEREFOR, SHALL SUBMIT TO THE COMMISSIONER BY JANUARY
FIRST OF EACH  YEAR  EVIDENCE  THAT  A  DEDICATED  ALL  TERRAIN  VEHICLE
ENFORCEMENT  UNIT  AND  PROGRAM  FOR  ENFORCEMENT  EXISTS,  OR THAT SUCH
EXPENDITURES ARE NECESSARY FOR THE  IMPLEMENTATION  OF  AN  ALL  TERRAIN
VEHICLE  ENFORCEMENT  PROGRAM  THAT IS CONSISTENT WITH A PLAN ADOPTED AS
POLICY BY AN ENFORCEMENT  AGENCY  WITHIN  SUCH  COUNTY,  CITY,  TOWN  OR
VILLAGE,  AND  AN  ESTIMATE  OF SUCH EXPENDITURES FOR THE CURRENT FISCAL
YEAR, IN SUCH FORM AND CONTAINING 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, NUMBER OF CITA-
TIONS ISSUED, AND A DESCRIPTION OF THE ACTIVITIES  OF  THE  ALL  TERRAIN
VEHICLE  ENFORCEMENT  UNIT, IN SUCH FORM AND CONTAINING SUCH INFORMATION
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 BY THIS SUBDIVISION BY THE AMOUNT
OF ALL SUCH AUTHORIZED EXPENDITURES AND MULTIPLYING THE RESULT  BY  FIVE

A. 4356                             3

PERCENT  OF MONEYS DERIVED FROM THE REGISTRATION OF ALL TERRAIN VEHICLES
AND DEPOSITED TO THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT,  MAINTENANCE
AND  ENFORCEMENT ACCOUNT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION NINETY-TWO-O OF THE STATE FINANCE LAW FOR THE FISCAL YEAR.
  S  27.21  STATE  AID; SAFETY; EDUCATION AND TRAINING. 1. EVERY COUNTY,
CITY, TOWN, VILLAGE,  OR  A  QUALIFIED  NOT-FOR-PROFIT  ORGANIZATION  AS
DEFINED  IN  SECTION  1.03 OF THIS CHAPTER, SHALL BE ENTITLED TO RECEIVE
STATE AID AS PROVIDED IN THIS SECTION. A COUNTY, CITY, TOWN, VILLAGE  OR
QUALIFIED NOT-FOR-PROFIT ORGANIZATION, SHALL BE ELIGIBLE FOR A GRANT FOR
THE  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
NOT-FOR-PROFIT ORGANIZATION APPLYING FOR SUCH GRANT SHALL SUBMIT TO  THE
COMMISSIONER  BY JANUARY FIRST OF EACH YEAR AN ESTIMATE OF SUCH EXPENDI-
TURES 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  COUNTY,  CITY,  TOWN,  VILLAGE  OR  QUALIFIED
NOT-FOR-PROFIT  ORGANIZATION.  OF THE AMOUNT THE COMMISSIONER DETERMINES
EACH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED  NOT-FOR-PROFIT  ORGANIZA-
TION  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 OR QUALIFIED NOT-FOR-PROFIT ORGAN-
IZATION  SHALL  RECEIVE THE STATE AID AUTHORIZED BY DIVIDING ITS AUTHOR-
IZED EXPENDITURES AS DETERMINED BY THIS SUBDIVISION BY THE AMOUNT OF ALL
SUCH AUTHORIZED EXPENDITURES AND MULTIPLYING THE RESULT BY FIVE  PERCENT
OF  MONEYS  DERIVED  FROM  THE  REGISTRATION OF ALL TERRAIN VEHICLES AND
DEPOSITED TO THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE  AND
ENFORCEMENT  FUND  PURSUANT TO SECTION NINETY-TWO-O OF THE STATE FINANCE
LAW.
  S 27.23 STATE AID; ALL TERRAIN VEHICLE TRAIL DEVELOPMENT  AND  MAINTE-
NANCE.  1. EVERY COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT
ORGANIZATION ENGAGING OR ASSISTING IN THE DEVELOPMENT AND MAINTENANCE OF
A  SYSTEM  OF  ALL TERRAIN VEHICLE TRAILS AND/OR A PROGRAM WITH RELATION
THERETO SHALL BE ENTITLED TO RECEIVE, IN ACCORDANCE WITH RULES AND REGU-
LATIONS PROMULGATED BY THE COMMISSIONER, STATE AID AS PROVIDED  IN  THIS
SECTION.    ANY  FUNDS  RECEIVED  BY SUCH COUNTY, CITY, TOWN, VILLAGE OR
QUALIFIED NOT-FOR-PROFIT 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,  MAINTENANCE  AND ENFORCEMENT FUND
PURSUANT TO SECTION NINETY-TWO-O OF THE STATE FINANCE LAW FOR  EXPENSES,
INCLUDING PERSONAL SERVICES, AS APPROVED BY THE COMPTROLLER AND IS HERE-
BY  AUTHORIZED  TO  ASSIGN  UP  TO TWO EMPLOYEES 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 A STATEWIDE NOT-FOR-PROFIT ORGANIZATION  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,  MAINTENANCE AND ENFORCEMENT FUND.  SUCH COOPERATION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEVELOPMENT OF A STATEWIDE ALL
TERRAIN VEHICLE TRAIL MAP AND USER GUIDE TO BE  MADE  AVAILABLE  TO  THE
DEPARTMENT OF MOTOR VEHICLES WITHIN THREE YEARS OF THE EFFECTIVE DATE OF

A. 4356                             4

THIS  SECTION  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 THE 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 COUNTY,  CITY,  TOWN,  VILLAGE  OR  QUALIFIED  NOT-FOR-PROFIT
ORGANIZATION  SHALL  BE  ELIGIBLE  FOR  A GRANT, EXCEPT AS PROHIBITED IN
SUBDIVISION FOUR OF THIS SECTION, TO BE USED FOR DEVELOPMENT AND MAINTE-
NANCE OF ALL TERRAIN VEHICLE TRAILS THAT ARE OPEN TO THE PUBLIC; 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
WITH  RELATION  THERETO WITHIN ITS BOUNDARIES. SUCH GRANTS SHALL BE MADE
BY THE COMMISSIONER AND MAY CONSTITUTE UP TO ONE HUNDRED PERCENT OF  THE
COST OF SUCH PROGRAM INCLUDING EXPENDITURES INCURRED FOR SIGNS AND MARK-
ERS  OF  ALL  TERRAIN VEHICLE TRAILS. ANY COUNTY, CITY, TOWN, VILLAGE OR
QUALIFIED NOT-FOR-PROFIT 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 COMMIS-
SIONER SHALL REVIEW ALL SUCH APPLICATIONS AND SHALL DETERMINE THE AMOUNT
OF  STATE  AID  TO  BE  ALLOCATED TO EACH COUNTY, CITY, TOWN, VILLAGE OR
QUALIFIED NOT-FOR-PROFIT ORGANIZATION IN ACCORDANCE WITH THE  PROVISIONS
OF  SUBDIVISION  SIX  OF  THIS  SECTION.  OF THE AMOUNT THE COMMISSIONER
DETERMINES EACH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED  NOT-FOR-PROFIT
ORGANIZATION  IS ELIGIBLE TO RECEIVE, DISTRIBUTION SHALL BE MADE ACCORD-
ING 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 STATE AID SHALL BE ALLOCATED PURSUANT TO THIS SECTION FOR USE IN
ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE WHERE THE  COMMIS-
SIONER DETERMINES, IN WRITING, 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  APPROPRIATENESS  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 COUNTY, CITY,
TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT ORGANIZATION, SHALL  BE  DRAWN
UPON  THE MONIES REMAINING IN THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT,
MAINTENANCE AND ENFORCEMENT FUND PURSUANT TO SECTION NINETY-TWO-O OF THE
STATE FINANCE LAW 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 AS HEREINAFTER PROVIDED. THE COMMISSIONER
SHALL DETERMINE THE PERCENTAGE PROPORTION WHICH THE AUTHORIZED  EXPENDI-
TURES  OF  EACH  INDIVIDUAL  COUNTY,  CITY,  TOWN,  VILLAGE OR QUALIFIED

A. 4356                             5

NOT-FOR-PROFIT ORGANIZATION, SHALL BEAR TO THE TOTAL AUTHORIZED EXPENDI-
TURES OF ALL THE COUNTIES, CITIES,  TOWNS,  VILLAGES  OR  NOT-FOR-PROFIT
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, MAINTENANCE AND ENFORCEMENT  FUND
PURSUANT  TO  SECTION NINETY-TWO-O OF THE STATE FINANCE LAW.  THE AMOUNT
THUS DETERMINED SHALL CONSTITUTE THE MAXIMUM  AMOUNT  OF  STATE  AID  TO
WHICH  EACH  COUNTY,  CITY,  TOWN,  VILLAGE  OR QUALIFIED NOT-FOR-PROFIT
ORGANIZATION, SHALL BE ENTITLED. THE COMMISSIONER SHALL CERTIFY  TO  THE
COMPTROLLER  THE  AMOUNT  THUS  DETERMINED  FOR EACH COUNTY, CITY, TOWN,
VILLAGE OR QUALIFIED NOT-FOR-PROFIT ORGANIZATION AS THE AMOUNT OF  STATE
AID  TO  BE APPORTIONED TO SUCH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED
NOT-FOR-PROFIT ORGANIZATION.
  7. THE COMMISSIONER IS HEREBY AUTHORIZED TO  ACCEPT  APPLICATIONS  AND
CERTIFY  QUALIFIED  NOT-FOR-PROFIT ORGANIZATIONS AS PROVIDED IN SUBDIVI-
SION NINETEEN OF SECTION 1.03 OF THIS CHAPTER. THE COMMISSIONER IS  ALSO
AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ACCOMPLISH THESE PURPOSES.
  8. IN THE EVENT THAT ANY FUNDS REMAIN AFTER DISTRIBUTION AS AUTHORIZED
IN  THIS  SECTION,  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,  MAINTENANCE  AND ENFORCEMENT FUND AND SHALL BE MADE AVAIL-
ABLE FOR GRANTS IN THE FOLLOWING FISCAL YEAR.
  9. THE COMMISSIONER IS DIRECTED TO REPORT IN THE PUBLIC RECORD AND  ON
ITS  WEB  SITE,  THE BALANCE OF THE FUND AT THE BEGINNING OF EACH FISCAL
YEAR AND THE INDIVIDUAL AND COMBINED TOTALS OF EACH OF THE  EXPENDITURES
AUTHORIZED  UNDER  THIS  CHAPTER,  AND  ANY  OTHER INFORMATION ABOUT THE
STATUS OF THE PROGRAM AS HE OR SHE MAY DIRECT.
  S 27.25 STATE AID; ALL TERRAIN VEHICLE DAMAGE  REMEDIATION.    1.  THE
STATE,  ITS AGENCIES, ANY COUNTY, CITY, TOWN OR VILLAGE, AND ANY PRIVATE
LANDOWNERS SUFFERING PROPERTY DAMAGE OF ANY KIND  DIRECTLY  ATTRIBUTABLE
TO  THE  UNAUTHORIZED  USE AND TRESPASS OF ALL TERRAIN VEHICLES ON THEIR
PROPERTY, WHEN SUCH PERSON OR ENTITY HAVE NOT THEMSELVES OPERATED AN ALL
TERRAIN VEHICLE ON SUCH DAMAGED PROPERTY IN A MANNER WHICH IS CONSISTENT
WITH CAUSING OR EXACERBATING SUCH DAMAGE,  SHALL  BE  ELIGIBLE  TO  SEEK
REPARATIONS  FROM THE ALL TERRAIN VEHICLE DAMAGE REMEDIATION ACCOUNT FOR
DAMAGES SUFFERED. ALL AWARDS DRAWN ON THIS ACCOUNT ARE  SUBJECT  TO  THE
PROVISIONS  SET  FORTH  IN  PARAGRAPH  (B) OF SUBDIVISION TWO OF SECTION
NINETY-TWO-O OF THE STATE FINANCE LAW.
  2.THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR A SYSTEM
BY WHICH INJURED PARTIES CAN RECEIVE AWARDS FROM THE ACCOUNT FOR DAMAGES
INCURRED BY THE UNAUTHORIZED USE OF ALL TERRAIN VEHICLES ON THEIR  PROP-
ERTY.
  (A)  SUCH  SYSTEM MUST INCLUDE, BUT MAY NOT BE LIMITED TO, THE FOLLOW-
ING:
  (I) A METHOD  BY  WHICH  COMPLAINANTS  CAN  PRESENT  THEIR  CLAIM  FOR
DAMAGES;
  (II)  A SYSTEM WHICH PROVIDES FOR THE FAIR AND EQUITABLE EVALUATION OF
ALL CLAIMS IN A TIMELY MANNER;
  (III) A PROCESS FOR THE ACCEPTANCE OF  EVIDENCE,  AND  THE  REVIEW  OF
CITATIONS OR VIOLATIONS ISSUED BY ANY LAW ENFORCEMENT AGENCY WITH REGARD
TO THE DAMAGES IN QUESTION; AND
  (IV)  ANY  OTHER  PROCESS  DETERMINED  BY  RULE OR REGULATION THAT THE
COMMISSIONER DEEMS NECESSARY TO CARRY OUT THE PURPOSES OF THIS SECTION.
  (B)  SUCH RULES AND REGULATIONS MUST INCLUDE, BUT MAY NOT  BE  LIMITED
TO, THE FOLLOWING:

A. 4356                             6

  (I)  CLAIMS FOR DAMAGES MUST BE FILED WITHIN NINETY DAYS OF THE OCCUR-
RENCE AND MUST BE ACCOMPANIED BY PROOF THAT A COMPLAINT WAS  FILED  WITH
THE LAW ENFORCEMENT AGENCY OF JURISDICTION;
  (II)  COMPLAINANTS  SEEKING  DAMAGES  IN  SMALL CLAIMS COURT AGAINST A
SPECIFIC ENTITY, PERSON OR PERSONS FOR SAID INJURIES TO PERSONAL PROPER-
TY MAY NOT ALSO FILE A CLAIM UNDER THIS SECTION;
  (III) NO SINGLE AWARD FOR DAMAGES MAY EXCEED TEN THOUSAND DOLLARS;
  (IV) NO CLAIMANT SHALL ENTER A CLAIM FOR DAMAGES WHEN  SUCH  CLAIMANT,
OR  PERSONS  EMPLOYED  OR  VOLUNTEERING FOR SUCH CLAIMANT IN ANY MANNER,
HAVE THEMSELVES OPERATED AN ALL TERRAIN VEHICLE ON SUCH DAMAGED PROPERTY
IN A MANNER WHICH IS  CONSISTENT  WITH  CAUSING,  OR  EXACERBATING  SUCH
DAMAGE; AND
  (V)  ANY OTHER RULES OR REGULATIONS THAT THE COMMISSIONER DEEMS NECES-
SARY TO CARRY OUT THE PURPOSES OF THIS SECTION.
  S 3. Section 2282 of the vehicle and traffic law is amended by  adding
a new subdivision 13 to read as follows:
  13. REGISTRATION AT TIME OF SALE. ALL TERRAIN VEHICLES SOLD BY DEALERS
SHALL BE REGISTERED AT THE TIME OF SUCH SALE. SUCH REGISTRATION SHALL BE
VALID  UNTIL  THE  THIRTY-FIRST DAY OF AUGUST FOLLOWING THE DATE OF SUCH
SALE; PROVIDED HOWEVER THAT ALL TERRAIN VEHICLES SOLD AFTER APRIL  FIRST
OF EACH YEAR SHALL BE ISSUED A REGISTRATION VALID UNTIL THE THIRTY-FIRST
DAY  OF AUGUST IN THE YEAR FOLLOWING THAT IN WHICH THE ALL TERRAIN VEHI-
CLE IS SOLD. ALL TERRAIN VEHICLES PURCHASED TO  BE  USED  IN  ACCORDANCE
WITH  SUBDIVISION  ELEVEN OF THIS SECTION OR FOR USE EXCLUSIVELY OUTSIDE
OF THE STATE OF NEW YORK SHALL NOT REQUIRE REGISTRATION AT THE  TIME  OF
PURCHASE,  AND  THE  PURCHASER  OF SUCH ALL TERRAIN VEHICLE SHALL SIGN A
DECLARATION, PROVIDED  BY  THE  DEALER,  WHICH  SHALL  STATE  THAT  SUCH
PURCHASER  UNDERSTANDS THE CONDITIONS UNDER WHICH AN ALL TERRAIN VEHICLE
MUST BE REGISTERED AND THE PENALTY FOR VIOLATION  OF  SUCH  REGISTRATION
PROVISIONS;  THE  FORM  OF  SUCH  DECLARATION  SHALL  BE PROVIDED BY THE
COMMISSIONER TO EACH DEALER AND SHALL BE FORWARDED TO THE COMMISSIONER.
  S 4. Section 2291 of the  vehicle  and  traffic  law,  as  amended  by
section  3  of  part  G of chapter 59 of the laws of 2006, is amended to
read as follows:
  S 2291. Disposition of fees. The commissioner shall deposit all monies
received from the registration of ATVs and all fees otherwise  collected
under  this article to the credit of the general fund, [as prescribed by
section twenty-two hundred eighty-two of this chapter] EXCEPT  THAT  ALL
FEES  COLLECTED  BY THE COMMISSIONER AS REQUIRED BY SECTION 26.03 OF THE
PARKS, RECREATION AND HISTORIC PRESERVATION LAW SHALL  BE  DEPOSITED  TO
THE CREDIT OF THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND
ENFORCEMENT  FUND  AS  ESTABLISHED  BY SECTION NINETY-TWO-O OF THE STATE
FINANCE LAW.
  S 5. The state finance law is amended by adding a new section 92-o  to
read as follows:
  S  92-O.  ALL  TERRAIN  VEHICLE  TRAIL  DEVELOPMENT,  MAINTENANCE  AND
ENFORCEMENT 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, MAINTENANCE AND ENFORCEMENT FUND".
  2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
ACCOUNTS  WITHIN  THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
AND ENFORCEMENT FUND:
  (A) THE ALL TERRAIN VEHICLE ENFORCEMENT ACCOUNT:  THE ACCOUNT SHALL BE
CREDITED WITH TWENTY-FIVE PERCENT  OF  THE  TOTAL  COLLECTIONS  FOR  ALL
TERRAIN  VEHICLE  REGISTRATIONS  COLLECTED  BY  THE  COMMISSIONER OF THE

A. 4356                             7

DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SUBDIVISION  THREE  OF  SECTION
26.03 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW; AND
  (B) THE ALL TERRAIN VEHICLE DAMAGE REMEDIATION ACCOUNT;
  (I)  SUCH  ACCOUNT  SHALL BE CREDITED WITH TWENTY PERCENT OF THE TOTAL
COLLECTIONS FOR ALL  TERRAIN  VEHICLE  REGISTRATIONS  COLLECTED  BY  THE
COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SUBDIVISION
THREE  OF  SECTION 26.03 OF THE PARKS, RECREATION AND HISTORIC PRESERVA-
TION LAW,
  (II) SUCH ACCOUNT SHALL BE ADMINISTERED BY THE COMMISSIONER OF  PARKS,
RECREATION  AND HISTORIC PRESERVATION AS PROVIDED FOR IN SUBDIVISION TWO
OF SECTION 27.23 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW,
AND
  (III) NOTHING SHALL PRECLUDE THE STATE, OR ITS AGENCIES, FROM  SEEKING
REPARATIONS  FROM  THE  FUND,  PROVIDED  THAT  SUCH  DAMAGE CAN BE FOUND
DIRECTLY ATTRIBUTABLE TO  THE  UNAUTHORIZED  USE  AND  TRESPASS  OF  ALL
TERRAIN  VEHICLES ON THEIR PROPERTY, WHEN SUCH PERSON OR ENTITY HAVE NOT
THEMSELVES OPERATED AN ALL TERRAIN VEHICLE ON SUCH DAMAGED PROPERTY IN A
MANNER WHICH IS CONSISTENT WITH CAUSING OR EXACERBATING SUCH DAMAGE.
  3. 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, 27.23 AND
27.25 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW,  INCLUDING
COSTS AND EXPENSES INCIDENTAL AND APPURTENANT THERETO.
  4.  MONIES  IN  THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
AND ENFORCEMENT 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.
  5. THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND ENFORCE-
MENT FUND SHALL CONSIST OF THE REVENUES REQUIRED TO BE DEPOSITED THEREIN
PURSUANT TO THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF SUBDIVISION FOUR
OF  SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE VEHICLE AND TRAFFIC LAW
AND ALL MONIES CREDITED OR TRANSFERRED THERETO FROM ANY  OTHER  FUND  OR
SOURCE PURSUANT TO LAW.
  6.  THE  MONIES  IN SUCH FUND SHALL BE APPROPRIATED BY THE LEGISLATURE
AND PAID OUT PURSUANT TO SECTIONS 27.19, 27.21, 27.23 AND 27.25  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.
  7. MONEYS FROM THE ALL TERRAIN VEHICLE ENFORCEMENT  ACCOUNT  SHALL  BE
AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF
AVAILABILITY  OF  THE DIRECTOR OF THE BUDGET, TO THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION AND ANY COUNTY, CITY, TOWN  OR  VILLAGE  FOR  THE
STATED  PURPOSES OF ALL TERRAIN VEHICLE ENFORCEMENT PROGRAMS PURSUANT TO
SECTION 27.19 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
  8. MONEYS FROM THE ALL  TERRAIN  VEHICLE  DAMAGE  REMEDIATION  ACCOUNT
SHALL  BE  AVAILABLE,  PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF
APPROVAL OF AVAILABILITY OF THE DIRECTOR  OF  THE  BUDGET,  TO  ENTITIES
PURSUANT  TO SECTION 27.25 OF THE PARKS, RECREATION AND HISTORIC PRESER-
VATION LAW.
  S 6. Section 1.03 of the parks, recreation and  historic  preservation
law is amended by adding a new subdivision 19 to read as follows:
  19. "QUALIFIED NOT-FOR-PROFIT ORGANIZATION" SHALL MEAN AN ORGANIZATION
WHICH HAS AS ONE OF ITS PURPOSES THE PROMOTION AND ENHANCEMENT OF RECRE-
ATIONAL OPPORTUNITIES AND HAS BEEN CERTIFIED BY THE COMMISSIONER.

A. 4356                             8

  S  7. 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  IS  DIRECTED TO 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 THE OFFICE OF PARKS,  RECRE-
ATION  AND  HISTORIC PRESERVATION PURSUANT TO SUBDIVISION TWO OF SECTION
27.23 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
  S 8. 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 COMMISSIONER OF MOTOR VEHICLES MAY ASSESS A SURCHARGE  OF  TWO
DOLLARS  AND  FIFTY  CENTS IN ADDITION TO THE FEE FOR REGISTRATION OF AN
ALL TERRAIN VEHICLE FOR THE COSTS ASSOCIATED WITH MANUFACTURING  LICENSE
PLATES FOR ALL TERRAIN VEHICLES.
  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 SUCH LAW WITHIN AN EIGH-
TEEN MONTH PERIOD SHALL BE PUNISHABLE BY A FINE OF  NOT  LESS  THAN  ONE
HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS, PROVIDED HOWEV-
ER  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, ENVIRONMENTAL CONSERVATION OFFICER  OR  PEACE
OFFICER  MAY  IMMEDIATELY  IMPOUND  AN  ATV  OPERATED  FOR THE FOLLOWING
REASONS:
  (A) OPERATION OF AN ATV ON OTHER THAN  DESIGNATED  ROUTES  WITHIN  THE
FOREST PRESERVE; OR
  (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 OF THE INITIAL INFRACTION AND IS A  VIOLATION  OF
SUBDIVISION  TWO  OR  THREE OF SECTION TWENTY-FOUR HUNDRED THREE OF THIS
ARTICLE; OR

A. 4356                             9

  (C) OPERATION OF AN ATV UPON ANY PUBLIC OR PRIVATE PROPERTY WITHIN THE
STATE DURING THE COMMISSION OF A SEPARATE MISDEMEANOR OR FELONY  ACT  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 SUBDIVISION.
  3.   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 LEGAL PARENT OR GUARDIAN OF SUCH MINOR SHALL BE
WHOLLY RESPONSIBLE FOR THE REMITTANCE OF SUCH FINE.
  5.  FIFTY  PERCENT  OF  THE PROCEEDS COLLECTED IN ACCORDANCE WITH THIS
SECTION SHALL BE PROVIDED TO THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVA-
TION  FOR THE PURPOSE OF ENSURING THAT ALL TERRAIN VEHICLES DO NOT TRES-
PASS ONTO PUBLIC LANDS UNDER JURISDICTION OF THE STATE, EXCEPT  THAT  IN
CASES  WHERE  THE  ARRESTING  OFFICER IS A PEACE OFFICER EMPLOYED BY THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WHEREIN THE  DEPARTMENT  SHALL
RECEIVE ONE HUNDRED PERCENT OF SUCH PROCEEDS.
  S  10. Subdivision 4 of section 2404 of the vehicle and traffic law is
REPEALED and subdivisions 5 and 6 are renumbered subdivisions 4 and 5.
  S 11.   Section 2406 of the vehicle and  traffic  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4.  A  PERSON  OPERATING AN ATV SHALL RIDE 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  12. Section 9-0303 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
  8. ALL TERRAIN VEHICLE ROUTES. NO DESIGNATION OR  DEVELOPMENT  OF  ALL
TERRAIN  VEHICLE  ROUTES  FOR  USE  BY THE GENERAL PUBLIC SHALL OCCUR ON
LANDS WITHIN THE FOREST PRESERVE AFTER THE EFFECTIVE DATE OF THIS SUBDI-
VISION.
  S 13.  Nothing in this act shall be deemed to limit the authority of a
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
welfare  of  persons or property. Nothing in this act shall be deemed to
alter or invalidate any local law or ordinance already in effect  as  of
the effective date of this act.
  S  14.  This  act  shall  take effect on the one hundred twentieth day
after 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 two of this act  shall
be  payable  in  fiscal  years commencing one year thereafter; provided,
however, that effective  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 made on or before such effective date.