Senate Bill S7352A

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

                                 7352--A

                            I N  S E N A T E

                             March 31, 2010
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cultural Affairs, Tourism,
  Parks and Recreation -- reported favorably  from  said  committee  and
  committed  to  the  Committee on Finance -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16112-06-0
              

S. 7352--A                          2

  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  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.