S T A T E   O F   N E W   Y O R K
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                                  10525

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the environmental conservation law, in relation to regu-
  lating 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;  to  amend  the  vehicle  and  traffic  law,  in
  relation  to  the definition and use of all terrain vehicles; to amend
  the state finance law, in relation to  establishing  the  all  terrain
  vehicle  trail  development  and maintenance fund and the ATV environ-
  mental restoration fund; and to  amend  the  tax  law  and  the  state
  finance  law,  in  relation to establishing tax credits for landowners
  who allow all terrain vehicle access

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

  Section 1. 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 2. 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 3. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15493-03-6
              

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  (I)  "ALL TERRAIN VEHICLE" OR "ATV" MEANS (1) ANY SELF-PROPELLED VEHI-
CLE WHICH IS MANUFACTURED FOR SALE FOR OPERATION PRIMARILY ON  OFF-HIGH-
WAY TRAILS OR OFF-HIGHWAY COMPETITIONS AND ONLY INCIDENTALLY OPERATED ON
PUBLIC  HIGHWAYS  PROVIDING  THAT  SUCH  VEHICLE DOES NOT EXCEED SEVENTY
INCHES  IN  WIDTH,  OR  ONE  THOUSAND  FIVE  HUNDRED  POUNDS DRY WEIGHT.
PROVIDED, HOWEVER, THIS DEFINITION SHALL NOT INCLUDE A  "SNOWMOBILE"  OR
OTHER  SELF-PROPELLED  VEHICLES  MANUFACTURED FOR OFF-HIGHWAY USE EXCLU-
SIVELY DESIGNED FOR TRAVEL ON SNOW OR ICE, STEERED BY  SKIS  OR  RUNNERS
AND  SUPPORTED  IN WHOLE OR IN PART BY ONE OR MORE SKIS, BELTS OR CLEATS
WHICH UTILIZE AN ENDLESS BELT TREAD; OR
  (2) ANY SELF-PROPELLED VEHICLE WHICH  IS  MANUFACTURED  FOR  SALE  FOR
OPERATION  PRIMARILY  ON  OFF-HIGHWAY TRAILS OR OFF-HIGHWAY COMPETITIONS
AND ONLY INCIDENTALLY  OPERATED ON PUBLIC HIGHWAYS PROVIDING  THAT  SUCH
VEHICLE  DOES  NOT  EXCEED SEVENTY INCHES IN WIDTH, OR ONE THOUSAND FIVE
HUNDRED POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER  CONFIG-
URATION  AND  HAS SAFETY FEATURES WHICH INCLUDE, BUT ARE NOT LIMITED TO,
SEAT BELTS AND ROLL-OVER BARS.  PROVIDED, HOWEVER, THAT THIS  DEFINITION
SHALL  NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES MANU-
FACTURED FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW  OR
ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE
OR MORE SKIS, BELTS OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
  (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.
  (III) "TRAVEL CORRIDOR" SHALL MEAN NATURAL  AND  MAN-MADE  UNDEVELOPED
AREAS  OF  LAND  OR WATER ADJACENT TO AND WITHIN SIGHT OF TRANSPORTATION
ROUTES SUCH AS INTERSTATE, STATE, COUNTY AND TOWN HIGHWAYS, BOATING  AND
CANOE ROUTES, AND HIKING AND HORSE TRAILS.
  (IV)  "ENVIRONMENTALLY SENSITIVE LANDS" SHALL HAVE THE SAME MEANING AS
IN SECTION 52-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
  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, SUBJECT TO LAND MANAGEMENT PLANS.
  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.
  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  INVOLVE  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.
  G.  ALL  TERRAIN  VEHICLES  MAY BE USED ON TRAIL CONNECTORS, INCLUDING
DESIGNATED HIGHWAYS, OR TRAVEL CORRIDORS IN THE ADIRONDACK PARK, INCLUD-
ING THE ROADBED AND RIGHT-OF-WAY FOR HIGHWAYS, THE REMSEN TO LAKE PLACID
RAILROAD RIGHT-OF-WAY, AND THOSE STATE LANDS IMMEDIATELY ADJACENT TO AND
VISIBLE FROM THESE FACILITIES WHEN IN THE DETERMINATION OF  THE  GOVERN-
MENTAL  AGENCY  CONCERNED  IT  IS IMPRACTICAL DUE TO NATURAL BARRIERS OR
ENVIRONMENTALLY INTRUSIVE FOR ALL TERRAIN VEHICLES  TO  GAIN  ACCESS  TO

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AREAS  OR TRAILS ADJACENT TO THE HIGHWAY AND TRAVEL CORRIDORS; PROVIDED,
HOWEVER, THAT SUCH OPERATION SHALL NOT EXCEED FIVE HUNDRED YARDS, AND IS
FOR THE SOLE PURPOSE OF GAINING ACCESS TO AND FROM THE AREAS  OF  OPERA-
TION; AND PROVIDED THAT THE AGGREGATE OF SUCH TRAIL CONNECTORS SHALL NOT
EXCEED  FIVE  MILES IN THE ADIRONDACK PARK, AS DETERMINED BY THE DEPART-
MENT, EXCEPT THAT SUCH FIVE MILE LIMIT SHALL NOT APPLY TO THE REMSEN  TO
LAKE PLACID RAILROAD RIGHT-OF-WAY.
  S  4. Subdivision 1 of section 2281 of the vehicle and traffic law, as
amended by chapter 319 of the laws  of  1997,  is  amended  to  read  as
follows:
  1.  (a)  "All  terrain  vehicle" or "ATV" means (I) any self-propelled
vehicle which is manufactured for sale for operation primarily  on  off-
highway  trails  or off-highway competitions and only incidentally oper-
ated on public highways providing that  such  vehicle  does  not  exceed
seventy inches in width, or one thousand FIVE HUNDRED pounds dry weight.
Provided,  however,  this definition shall not include a "snowmobile" or
other self-propelled vehicles manufactured for  off-highway  use  exclu-
sively  designed  for  travel on snow or ice, steered by skis or runners
and supported in whole or in part by one or more skis, belts  or  cleats
which utilize an endless belt tread; OR
  (II)  ANY  SELF-PROPELLED  VEHICLE  WHICH IS MANUFACTURED FOR SALE FOR
OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS  OR  OFF-HIGHWAY  COMPETITIONS
AND  ONLY INCIDENTALLY   OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH
VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR  ONE  THOUSAND  FIVE
HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
URATION AND HAS SAFETY FEATURES WHICH INCLUDE, BUT ARE NOT  LIMITED  TO,
SEAT  BELTS AND ROLL-OVER BARS.  PROVIDED, HOWEVER, THAT THIS DEFINITION
SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES  MANU-
FACTURED  FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR
ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE
OR MORE SKIS, BELTS OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
  (b) Notwithstanding the provisions of  [paragraph  (a)]  SUBPARAGRAPHS
(I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all
terrain  vehicle"  or "ATV" shall not include any vehicle used for agri-
cultural purposes or for snowplowing, other  than  for  hire,  provided,
however,  that  any such vehicle shall register as an "all terrain vehi-
cle" or "ATV" pursuant to the provisions of this article if such vehicle
is used or is intended to be used for any purpose  other  than  agricul-
tural  purposes  or for snowplowing and shall be regulated in accordance
with provisions governing the operation of  "all  terrain  vehicles"  or
"ATV's" while in such use.
  S  5.  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.   A SURCHARGE OF ONE HUNDRED DOLLARS SHALL BE PAID BY THE
OWNER OF SUCH VEHICLE, AND MONIES THEREFROM SHALL BE  DEPOSITED  INTO  A
SEPARATE, NON-LAPSING ENFORCEMENT FUND OF THE IMPOUNDING LAW ENFORCEMENT
AGENCY, EXCEPT AS PROVIDED BY SUBDIVISION TWO OF THIS SECTION.

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  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 LAWS APPLICABLE TO THE
FOREST PRESERVE, LONG ISLAND CENTRAL PINE BARRENS AREA  AND  THE  ALBANY
PINE BUSH PRESERVE.
  3.  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, SUBJECT TO LAND MANAGEMENT PLANS.
  4. 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.
  5.  ALL  TERRAIN  VEHICLES  MAY BE USED BY APPROPRIATE OFFICIALS WHERE
NECESSARY FOR LAW ENFORCEMENT.
  6. ALL TERRAIN VEHICLES MAY BE USED, BY OR UNDER  THE  SUPERVISION  OF
APPROPRIATE  OFFICIALS,  IN CASES OF SUDDEN, ACTUAL AND ONGOING EMERGEN-
CIES THAT INVOLVE 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 6. The state finance law is amended by adding a new section 92-gg to
read as follows:
  S 92-GG. ATV TRAIL DEVELOPMENT AND MAINTENANCE FUND. 1. THERE IS HERE-
BY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF  MOTOR  VEHI-
CLES  AND  THE  STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "ALL
TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE FUND". THE  MONEYS  IN
SUCH  FUND  SHALL  BE  AVAILABLE  FOR  PAYMENT  OF ANY AND ALL COSTS AND
EXPENDITURES INCURRED IN PERFORMING ANY OF THE WORK REQUIRED IN DEVELOP-
ING AND MAINTAINING A SYSTEM OF ALL TERRAIN VEHICLE TRAILS  PURSUANT  TO
SECTION  TWO  THOUSAND TWO HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC
LAW, INCLUDING COSTS AND EXPENSES INCIDENTAL AND APPURTENANT THERETO.
  2. MONEYS IN THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE
FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH  ANY
OTHER  MONEYS  IN  THE JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER OR
THE COMMISSIONER OF MOTOR VEHICLES.
  3. THE ALL TERRAIN VEHICLE  TRAIL  DEVELOPMENT  AND  MAINTENANCE  FUND
SHALL  CONSIST OF THE REVENUES REQUIRED TO BE DEPOSITED THEREIN PURSUANT
TO THE PROVISIONS OF SECTION TWO THOUSAND TWO HUNDRED EIGHTY-TWO OF  THE
VEHICLE  AND  TRAFFIC  LAW  AND ALL OTHER MONEYS CREDITED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  4. THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED  BY  THE  LEGISLATURE
AND  PAID OUT PURSUANT TO SECTION TWO THOUSAND TWO HUNDRED NINETY-TWO OF
THE VEHICLE AND TRAFFIC LAW.
  S 7. The state finance law is amended by adding a new section 92-hh to
read as follows:
  S 92-HH. ATV ENVIRONMENTAL RESTORATION FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF  MOTOR  VEHICLES  AND
THE  STATE  COMPTROLLER  A SPECIAL FUND TO BE KNOWN AS THE "ATV ENVIRON-
MENTAL RESTORATION FUND". THE MONEYS IN SUCH FUND SHALL BE AVAILABLE FOR
THE PAYMENT OF ANY AND ALL COSTS AND EXPENDITURES FOR THE REPAIR OF  ANY

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ENVIRONMENTAL DAMAGE CAUSED BY ALL TERRAIN VEHICLES, INCLUDING COSTS AND
EXPENSES INCIDENTAL AND APPURTENANT THERETO.
  2.  MONEYS  IN  THE  ATV  ENVIRONMENTAL RESTORATION FUND SHALL BE KEPT
SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE
JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER OR  THE  COMMISSIONER  OF
MOTOR VEHICLES.
  3.  THE ATV ENVIRONMENTAL RESTORATION FUND SHALL CONSIST OF THE REVEN-
UES REQUIRED TO BE DEPOSITED  THEREIN  PURSUANT  TO  THE  PROVISIONS  OF
SECTION  TWO THOUSAND TWO HUNDRED NINETY-FOUR OF THE VEHICLE AND TRAFFIC
LAW AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY  OTHER
FUND OR SOURCE PURSUANT TO LAW.
  S  8.  The  vehicle and traffic law is amended by adding a new section
2292 to read as follows:
  S 2292. ATV TRAIL DEVELOPMENT AND MAINTENANCE. 1. EVERY COUNTY  ENGAG-
ING  AND ASSISTING IN THE DEVELOPMENT AND MAINTENANCE OF A SYSTEM OF ATV
TRAILS AND A PROGRAM WITH RELATION  THERETO  WITHIN  ITS  BOUNDARIES  IN
ORDER  TO  ENCOURAGE SAFETY, TOURISM AND UTILIZATION AND, IN THE EVENT A
COUNTY DOES NOT UNDERTAKE SUCH A PROGRAM, OR SYSTEM OF TRAILS, ANY CITY,
TOWN OR VILLAGE WITHIN SUCH COUNTY WHICH UNDERTAKES THE SAME,  SHALL  BE
ENTITLED  TO  RECEIVE,  IN  ACCORDANCE  WITH RULES AND REGULATIONS TO BE
PROMULGATED BY THE COMMISSIONER, STATE AID AS HEREINAFTER PROVIDED.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
COMMISSIONER  SHALL ESTABLISH A PLAN FOR THE DEVELOPMENT AND MAINTENANCE
OF ATV TRAILS AND FACILITIES IN THE VARIOUS COUNTIES OR  WHERE  APPLICA-
BLE,  CITIES,  TOWNS  OR VILLAGES OF THE STATE AS MAY BE APPROPRIATE AND
SHALL TAKE WHATEVER ACTION HE OR  SHE  DEEMS  NECESSARY  TO  FOSTER  AND
PROMOTE  THE  SAFE  UTILIZATION OF SUCH TRAILS AND FACILITIES; FOR THESE
PURPOSES, HE OR SHE MAY DRAW UPON THE MONEYS DEPOSITED IN THE ATV  TRAIL
DEVELOPMENT  AND  MAINTENANCE  FUND PURSUANT TO SECTION NINETY-TWO-GG OF
THE STATE FINANCE LAW FOR  EXPENSES,  INCLUDING  PERSONAL  SERVICES,  AS
APPROVED  BY  THE  COMPTROLLER  AND IS HEREBY AUTHORIZED TO ASSIGN THREE
EMPLOYEES OF HIS OR HER OFFICE TO CARRY OUT SUCH RESPONSIBILITIES AND TO
PAY THEIR SALARIES, BENEFITS AND EXPENSES OUT OF SUCH FUND.
  3. EVERY COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN
SUCH COUNTY, SHALL BE ELIGIBLE FOR A GRANT FOR THE DEVELOPMENT AND MAIN-
TENANCE OF A SYSTEM OF ATV TRAILS AND 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 MARKERS OF ATV TRAILS. ANY
COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUN-
TY, APPLYING FOR SUCH GRANT SHALL SUBMIT TO THE  COMMISSIONER  BY  APRIL
FIRST  OF  EACH  YEAR  AN  ESTIMATE OF SUCH EXPENDITURES FOR THE CURRENT
FISCAL YEAR, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMIS-
SIONER MAY REQUIRE. NO CITY, TOWN OR VILLAGE MAY APPLY  FOR  SUCH  GRANT
WHERE  THE COUNTY WITHIN WHICH IT IS CONTAINED HAS SUBMITTED AN APPLICA-
TION FOR THE SAME FISCAL YEAR. FOR THE PURPOSE OF THIS SECTION,  "FISCAL
YEAR" SHALL MEAN THE PERIOD FROM APRIL FIRST THROUGH MARCH THIRTY-FIRST.
THE  COMMISSIONER SHALL REVIEW ALL SUCH APPLICATIONS AND SHALL DETERMINE
THE AMOUNT OF STATE AID TO BE ALLOCATED TO EACH COUNTY OR, WHERE  APPLI-
CABLE,  ANY  CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY IN ACCORDANCE WITH
THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION. OF  THE  AMOUNT  THE
COMMISSIONER DETERMINES EACH COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN
OR  VILLAGE  WITHIN  SUCH COUNTY IS ELIGIBLE TO RECEIVE, SEVENTY PERCENT
SHALL BE MADE AVAILABLE  FOR  DISTRIBUTION  BY  JUNE  FIRST  AND  THIRTY
PERCENT  FOR DISTRIBUTION UPON DEMONSTRATION OF COMPLETION, SUBMITTED BY
DECEMBER FIRST, OF THE PROGRAM.

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  4. NOT MORE THAN TEN PERCENT OF THE ATV TRAIL DEVELOPMENT AND  MAINTE-
NANCE  FUND  PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW,
AS DETERMINED BY THE  COMMISSIONER,  SHALL  BE  MADE  AVAILABLE  TO  THE
COMMISSIONER  AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION FOR ATV
TRAIL DEVELOPMENT AND MAINTENANCE ON STATE OWNED LANDS.
  5.  THE  AMOUNT  OF STATE AID TO BE ALLOCATED TO EACH COUNTY OR, WHERE
APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY, SHALL BE DRAWN
UPON THE MONIES REMAINING IN THE ATV TRAIL DEVELOPMENT  AND  MAINTENANCE
FUND  PURSUANT  TO  SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW AFTER
WITHDRAWAL PURSUANT TO SUBDIVISIONS TWO AND FOUR  OF  THIS  SECTION  AND
SHALL  BE  DETERMINED  BY  THE COMMISSIONER AS HEREINAFTER PROVIDED. THE
COMMISSIONER SHALL DETERMINE THE PERCENTAGE PROPORTION WHICH THE AUTHOR-
IZED EXPENDITURES OF EACH INDIVIDUAL COUNTY OR,  WHERE  APPLICABLE,  ANY
CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY SHALL BEAR TO THE TOTAL AUTHOR-
IZED EXPENDITURES OF ALL THE COUNTIES, CITIES, TOWNS OR VILLAGES FOR ATV
TRAIL  DEVELOPMENT  AND  MAINTENANCE PURSUANT TO THIS SECTION DURING THE
FISCAL YEAR. SUCH PERCENTAGE PROPORTION SHALL THEN  BE  APPLIED  AGAINST
THE  AMOUNT  RECEIVED IN ADDITIONAL FEES IMPOSED BY SECTION TWO THOUSAND
TWO HUNDRED EIGHTY-TWO OF THIS ARTICLE FOR REGISTRATION OF  ATVS  DURING
SUCH  FISCAL  YEAR,  TO THE EXTENT ONLY AND NOT EXCEEDING THE BALANCE OF
SUCH FUND REMAINING AFTER THE PAYMENT OF EXPENSES AS SET FORTH  IN  THIS
SECTION.  THE AMOUNT THUS DETERMINED SHALL CONSTITUTE THE MAXIMUM AMOUNT
OF STATE AID TO WHICH EACH COUNTY OR, WHERE APPLICABLE, ANY  CITY,  TOWN
OR VILLAGE WITHIN SUCH COUNTY, SHALL BE ENTITLED. THE COMMISSIONER SHALL
CERTIFY  TO  THE  COMPTROLLER THE AMOUNT THUS DETERMINED FOR EACH COUNTY
OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH  COUNTY,  AS
THE  AMOUNT  OF  STATE  AID  TO  BE APPORTIONED TO SUCH COUNTY OR, WHERE
APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY.
  S 9. The vehicle and traffic law is amended by adding  a  new  section
2293 to read as follows:
  S  2293.  FEE  FOR  ATV TRAIL DEVELOPMENT AND MAINTENANCE. 1. A FEE OF
SEVENTY-SEVEN DOLLARS IS HEREBY IMPOSED UPON THE OWNER OF AN ATV FOR THE
ATV  TRAIL  DEVELOPMENT  AND  MAINTENANCE  FUND  PURSUANT   TO   SECTION
NINETY-TWO-GG  OF  THE  STATE FINANCE LAW TO BE PAID TO THE COMMISSIONER
UPON THE REGISTRATION  THEREOF  IN  ADDITION  TO  THE  REGISTRATION  FEE
REQUIRED  BY THIS ARTICLE, THE PAYMENT OF WHICH FEE HEREBY IMPOSED SHALL
BE A CONDITION PRECEDENT TO SUCH INDIVIDUAL RESIDENT, INDIVIDUAL NONRES-
IDENT OR DEALER REGISTRATION.
  2. NOTWITHSTANDING THE FEE AS ESTABLISHED IN SUBDIVISION ONE  OF  THIS
SECTION, AN INDIVIDUAL REGISTERING AN ATV WHO PROVIDES PROOF AT THE TIME
OF  REGISTRATION,  THAT  SUCH INDIVIDUAL IS A MEMBER OF AN ORGANIZED NEW
YORK STATE ATV CLUB, THAT IS A MEMBER OF THE NEW YORK STATE  OFF-HIGHWAY
RECREATIONAL VEHICLE ASSOCIATION OR IS A MEMBER OF AN ORGANIZED NEW YORK
STATE  ATV  CLUB  THAT IS A TRAIL MAINTENANCE ENTITY AND A MEMBER OF THE
NEW YORK STATE OFF-HIGHWAY RECREATIONAL VEHICLE ASSOCIATION,  SHALL  PAY
THIRTY  DOLLARS  FOR  EACH ATV FOR THE ATV TRAIL DEVELOPMENT AND MAINTE-
NANCE FUND PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW IN
ADDITION TO THE REGISTRATION REQUIRED BY THIS ARTICLE. IN THE EVENT THAT
AN INDIVIDUAL SEEKING ATV CLUB MEMBERSHIP IS UNABLE, FOR ANY REASON,  TO
SECURE  SUCH  CLUB  MEMBERSHIP, HE OR SHE MAY CONTACT THE NEW YORK STATE
OFF-HIGHWAY RECREATIONAL VEHICLE  ASSOCIATION,  WHO  SHALL  SECURE  SUCH
MEMBERSHIP FOR SUCH PERSON.
  S  10.  The vehicle and traffic law is amended by adding a new section
2294 to read as follows:
  S 2294. DISPOSITION OF PENALTIES AND FINES.   THE  COMMISSIONER  SHALL
DEPOSIT  ALL  MONIES  RECEIVED  FROM  ALL  PENALTIES AND FINES COLLECTED

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PURSUANT TO THIS ARTICLE AND ARTICLE FORTY-EIGHT-C OF THIS TITLE OR AS A
RESULT OF A VIOLATION OF SUBDIVISION EIGHT OF SECTION 9-0303,  PARAGRAPH
(D)  OF  SUBDIVISION TWO OF SECTION 57-0121 OR SUBPARAGRAPH (V) OF PARA-
GRAPH  A  OF  SUBDIVISION  TWO  OF  SECTION 46-0111 OF THE ENVIRONMENTAL
CONSERVATION LAW TO THE CREDIT  OF  THE  ATV  ENVIRONMENTAL  RESTORATION
FUND.
  S  11. Subdivision 1 of section 2403 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
  (C) ALL TERRAIN VEHICLES MAY BE USED ON  TRAIL  CONNECTORS,  INCLUDING
DESIGNATED  HIGHWAYS, OR TRAVEL CORRIDORS IN THE ADIRONDACK PARK INCLUD-
ING THE ROADBED AND RIGHT-OF-WAY FOR HIGHWAYS, THE REMSEN TO LAKE PLACID
RAILROAD RIGHT-OF-WAY, AND THOSE STATE LANDS IMMEDIATELY ADJACENT TO AND
VISIBLE FROM THESE FACILITIES WHEN IN THE DETERMINATION OF  THE  GOVERN-
MENTAL  AGENCY  CONCERNED  IT  IS IMPRACTICAL DUE TO NATURAL BARRIERS OR
ENVIRONMENTALLY INTRUSIVE FOR ATVS TO GAIN ACCESS  TO  AREAS  OR  TRAILS
ADJACENT  TO  THE  HIGHWAY AND TRAVEL CORRIDORS; PROVIDED, HOWEVER, THAT
HIGHWAY OPERATION SHALL NOT EXCEED FIVE HUNDRED YARDS  AND  IS  FOR  THE
SOLE  PURPOSE  OF GAINING ACCESS TO AND FROM THE AREAS OF OPERATION; AND
PROVIDED THAT THE AGGREGATE OF SUCH TRAIL CONNECTORS  SHALL  NOT  EXCEED
FIVE  MILES  IN  THE ADIRONDACK PARK, AS DETERMINED BY THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, EXCEPT THAT SUCH FIVE MILE LIMIT  SHALL  NOT
APPLY TO THE REMSEN TO LAKE PLACID RAILROAD RIGHT-OF-WAY.
  S 12. Section 2403 of the vehicle and traffic law is amended by adding
a new subdivision 5 to read as follows:
  5.  TRESPASS. THE VIOLATION OF SUBDIVISION ONE, TWO, THREE, OR THREE-A
OF THIS SECTION SHALL BE A MISDEMEANOR AND SHALL CONSTITUTE A GROUND FOR
SUSPENSION OR REVOCATION OF THE ATV SAFETY CERTIFICATE OF ANY PERSON  OR
THE  CERTIFICATE  OF REGISTRATION OF ANY ATV INVOLVED IN SUCH VIOLATION.
THE COMMISSIONER MAY SUSPEND OR REVOKE THE ATV SAFETY CERTIFICATE OF THE
PERSON COMMITTING SUCH VIOLATION OR THE CERTIFICATE OF  REGISTRATION  OF
THE  ATV INVOLVED IN SUCH VIOLATION IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
  S 13. Subdivision 1 of section 2405 of the vehicle and traffic law, as
added by chapter 402 of the laws of 1986, is amended to read as follows:
  1. Highways.   (A) Except  with  respect  to  interstate  highways  or
controlled  access  highways,  the  department  of  transportation  with
respect to state highways, maintained by the state and any other govern-
mental agency with respect to highways,  including  bridge  and  culvert
crossings, under its jurisdiction may designate and post any such public
highway or portion thereof as open for travel by ATVs when in the deter-
mination  of the governmental agency concerned, it is otherwise impossi-
ble for ATVs to gain access to areas or trails adjacent to the  highway.
Such  designations by a state agency shall be by rule or regulation, and
such designations by any municipality other than a state agency shall be
by local law or ordinance.
  (B) ANY ATV OPERATOR UTILIZING A HIGHWAY IN ACCORDANCE WITH  PARAGRAPH
(A)  OF  THIS  SUBDIVISION  SHALL  BE  IN POSSESSION OF A VALID DRIVER'S
LICENSE; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH  SHALL
NOT  APPLY  TO  AN OPERATOR UTILIZING A HIGHWAY IN ACCORDANCE WITH PARA-
GRAPH G OF SUBDIVISION EIGHT OF  SECTION  9-0303  OF  THE  ENVIRONMENTAL
CONSERVATION LAW.
  S  14.  The vehicle and traffic law is amended by adding a new section
2414 to read as follows:
  S 2414. OPERATING AN ATV UPON A STREET, HIGHWAY, PUBLIC TRAILS, LANDS,
BODIES OF WATER, OR PRIVATE PROPERTY OF ANOTHER WHILE UNDER  THE  INFLU-
ENCE OF ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) NO PERSON

A. 10525                            8

SHALL  OPERATE  AN  ATV  UPON  A  STREET, HIGHWAY, PUBLIC TRAILS, LANDS,
BODIES OF WATER, OR PRIVATE PROPERTY OF ANOTHER WHILE HIS OR HER ABILITY
TO OPERATE SUCH ATV  IS  IMPAIRED  BY  THE  CONSUMPTION  OF  ALCOHOL.  A
VIOLATION  OF THIS SUBDIVISION SHALL BE AN OFFENSE AND SHALL BE PUNISHA-
BLE BY A FINE OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR  MORE  THAN
THREE  HUNDRED  FIFTY  DOLLARS,  OR BY IMPRISONMENT IN A PENITENTIARY OR
COUNTY JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY  BOTH  SUCH  FINE  AND
IMPRISONMENT. A PERSON WHO OPERATES AN ATV IN VIOLATION OF THIS SUBDIVI-
SION  AFTER  BEING  CONVICTED  OF A VIOLATION OF ANY SUBDIVISION OF THIS
SECTION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED BY A  FINE  OF
NOT  LESS  THAN  FIVE  HUNDRED  DOLLARS  NOR  MORE  THAN FIFTEEN HUNDRED
DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IN A PENITENTI-
ARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
  (B) NO SUCH PERSON SHALL OPERATE AN ATV UPON A STREET, HIGHWAY, PUBLIC
TRAILS, LANDS, BODIES OF WATER, OR PRIVATE PROPERTY OF ANOTHER WHILE  HE
OR  SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR
HER BLOOD, BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL  TEST
MADE PURSUANT TO THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION.
  (C)  NO  PERSON  SHALL  OPERATE  AN ATV UPON A STREET, HIGHWAY, PUBLIC
TRAILS, LANDS, BODIES OF WATER, OR PRIVATE PROPERTY OF ANOTHER WHILE  HE
OR SHE IS IN AN INTOXICATED CONDITION.
  (D)  NO  PERSON  SHALL  OPERATE  AN ATV UPON A STREET, HIGHWAY, PUBLIC
TRAILS, LANDS, BODIES OF WATER, OR PRIVATE PROPERTY OF ANOTHER WHILE HIS
OR HER ABILITY TO OPERATE SUCH ATV IS IMPAIRED BY THE USE OF A  DRUG  AS
DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
  (E)  A  VIOLATION  OF  PARAGRAPH  (B), (C), OR (D) OF THIS SUBDIVISION
SHALL BE A MISDEMEANOR AND SHALL BE  PUNISHABLE  BY  IMPRISONMENT  IN  A
PENITENTIARY  OR COUNTY JAIL FOR NOT MORE THAN NINETY DAYS, OR BY A FINE
OF NOT LESS THAN THREE HUNDRED FIFTY DOLLARS NOR MORE THAN FIVE  HUNDRED
DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. A PERSON WHO OPERATES AN
ATV IN VIOLATION OF PARAGRAPH (B), (C), OR (D) OF THIS SUBDIVISION AFTER
HAVING  BEEN  CONVICTED  OF A VIOLATION OF PARAGRAPH (B), (C), OR (D) OF
THIS SUBDIVISION, OR OF OPERATING AN  ATV  WHILE  INTOXICATED  OR  WHILE
UNDER  THE  INFLUENCE OF DRUGS, WITHIN THE PRECEDING TEN YEARS, SHALL BE
GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED BY  IMPRISONMENT  FOR  NOT
MORE  THAN  ONE YEAR, OR BY A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS
NOR MORE THAN FIFTEEN HUNDRED DOLLARS, OR BY BOTH SUCH FINE  AND  IMPRI-
SONMENT.  A  PERSON  WHO  OPERATES AN ATV IN VIOLATION OF PARAGRAPH (B),
(C), OR (D) OF THIS SUBDIVISION AFTER HAVING BEEN TWICE CONVICTED  OF  A
VIOLATION OF PARAGRAPH (B), (C), OR (D) OF THIS SUBDIVISION, OR OF OPER-
ATING  AN  ATV WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS, WITHIN
THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS E FELONY  AND  SHALL
BE  PUNISHED  BY  A  FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE
THAN FIVE THOUSAND DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN
THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  2. PRIVILEGE TO OPERATE AN  ATV;  SUSPENSIONS.  (A)  THE  COURT  SHALL
SUSPEND  A  PERSON'S  PRIVILEGE TO OPERATE AN ATV AND MAY SUSPEND AN ATV
REGISTRATION FOR:
  (1) A PERIOD OF SIX  MONTHS  WHERE  AN  OPERATOR  IS  CONVICTED  OF  A
VIOLATION OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION;
  (2)  A  PERIOD  OF  TWELVE  MONTHS WHERE AN OPERATOR IS CONVICTED OF A
VIOLATION OF PARAGRAPH (B), (C), OR  (D)  OF  SUBDIVISION  ONE  OF  THIS
SECTION;
  (3)  A  PERIOD  OF TWENTY-FOUR MONTHS WHERE A PERSON IS CONVICTED OF A
VIOLATION OF PARAGRAPH (B), (C), OR  (D)  OF  SUBDIVISION  ONE  OF  THIS
SECTION  AFTER  HAVING  BEEN  CONVICTED OF A VIOLATION OF PARAGRAPH (B),

A. 10525                            9

(C), OR (D) OF SUBDIVISION ONE OF THIS SECTION OR OF  OPERATING  AN  ATV
WHILE  INTOXICATED  OR UNDER THE INFLUENCE OF DRUGS WITHIN THE PRECEDING
TEN YEARS.
  (B)  THE  COURT SHALL REPORT EACH CONVICTION RECORDED PURSUANT TO THIS
SECTION TO THE COMMISSIONER ON FORMS PROVIDED BY  THE  DEPARTMENT.  SUCH
REPORTS SHALL INCLUDE THE LENGTH OF ANY SUSPENSION IMPOSED ON THE PRIVI-
LEGE  TO OPERATE AN ATV AND ANY SUSPENSION IMPOSED AGAINST AN ATV REGIS-
TRATION. THE DEPARTMENT SHALL MAINTAIN A RECORD OF ALL  CONVICTIONS  AND
SUSPENSIONS IN ORDER TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  3. OPERATION OF AN ATV WHILE OPERATING PRIVILEGES HAVE BEEN SUSPENDED.
(A)  NO  PERSON  SHALL  OPERATE  AN  ATV  UPON A STREET, HIGHWAY, PUBLIC
TRAILS, LANDS, BODIES OF WATER, OR PRIVATE  PROPERTY  OF  ANOTHER  WHILE
OPERATING  PRIVILEGES  HAVE  BEEN  SUSPENDED PURSUANT TO THIS SECTION. A
VIOLATION OF THE PROVISIONS OF THIS PARAGRAPH SHALL BE A  VIOLATION  AND
SHALL  BE  PUNISHABLE  BY  A  FINE  OF NOT LESS THAN THREE HUNDRED FIFTY
DOLLARS NOR MORE THAN SEVEN HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR
A PERIOD OF NOT MORE THAN NINETY DAYS, OR BY BOTH SUCH FINE  AND  IMPRI-
SONMENT.
  (B) A PERSON WHO IS IN VIOLATION OF THE PROVISIONS OF PARAGRAPH (A) OF
THIS  SUBDIVISION,  AND IN ADDITION IS IN VIOLATION OF THE PROVISIONS OF
ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION ARISING OUT OF THE SAME
INCIDENT, SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE  OF  NOT
LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS OR BY
A  PERIOD  OF  IMPRISONMENT FOR A PERIOD OF NOT MORE THAN ONE YEAR OR BY
BOTH SUCH FINE AND IMPRISONMENT.
  4. SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE  PENAL
LAW,  NO  JUDGE  OR  MAGISTRATE SHALL IMPOSE A SENTENCE OF UNCONDITIONAL
DISCHARGE FOR A VIOLATION OF PARAGRAPH (B), (C), OR (D)  OF  SUBDIVISION
ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDITIONAL
DISCHARGE UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED BY A SENTENCE
OF A FINE AS PROVIDED IN THIS SECTION.
  5.  ARREST  AND TESTING. (A) ARREST. NOTWITHSTANDING THE PROVISIONS OF
SECTION 140.10 OF THE CRIMINAL PROCEDURE  LAW,  A  POLICE  OFFICER  MAY,
WITHOUT  A WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION OF ANY PARA-
GRAPH OF SUBDIVISION ONE OF THIS SECTION, IF SUCH VIOLATION  IS  COUPLED
WITH AN ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS INVOLVED, WHICH IN
FACT  HAD  BEEN  COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE,
WHEN HE OR SHE HAS REASONABLE CAUSE TO BELIEVE THAT  THE  VIOLATION  WAS
COMMITTED  BY  SUCH  PERSON. FOR THE PURPOSES OF THIS SUBDIVISION POLICE
OFFICER SHALL ALSO INCLUDE A PEACE OFFICER  AUTHORIZED  TO  ENFORCE  THE
PROVISIONS  OF  THIS  CHAPTER  WHEN  THE ALLEGED VIOLATION CONSTITUTES A
CRIME.
  (B) BREATH TEST FOR OPERATORS OF AN ATV. EVERY PERSON OPERATING AN ATV
UPON A STREET, HIGHWAY,  PUBLIC  TRAILS,  LANDS,  BODIES  OF  WATER,  OR
PRIVATE  PROPERTY  OF  ANOTHER WHICH HAS BEEN INVOLVED IN AN ACCIDENT OR
WHICH IS OPERATED IN VIOLATION OF ANY OF THE PROVISIONS OF THIS  CHAPTER
WHICH  REGULATE  THE  MANNER  IN WHICH AN ATV IS TO BE PROPERLY OPERATED
SHALL, AT THE REQUEST OF A POLICE OFFICER, SUBMIT TO A BREATH TEST TO BE
ADMINISTERED BY THE POLICE OFFICER. IF SUCH  TEST  INDICATES  THAT  SUCH
OPERATOR HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY REQUEST SUCH OPER-
ATOR TO SUBMIT TO A CHEMICAL TEST IN THE MANNER SET FORTH IN SUBDIVISION
SIX OF THIS SECTION.
  6.  CHEMICAL  TESTS. (A) ANY PERSON WHO OPERATES AN ATV UPON A STREET,
HIGHWAY, PUBLIC TRAILS, LANDS, BODIES OF WATER, OR PRIVATE  PROPERTY  OF
ANOTHER  SHALL BE REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE OR MORE
OF THE FOLLOWING: BREATH, BLOOD, URINE OR  SALIVA  FOR  THE  PURPOSE  OF

A. 10525                           10

DETERMINING  THE ALCOHOLIC OR DRUG CONTENT OF HIS OR HER BLOOD, PROVIDED
THAT SUCH TEST IS ADMINISTERED AT THE DIRECTION OF A POLICE OFFICER: (1)
HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
VIOLATION  OF  THIS  SUBDIVISION  OR  PARAGRAPH (A), (B), (C), OR (D) OF
SUBDIVISION ONE OF THIS SECTION AND WITHIN TWO HOURS AFTER  SUCH  PERSON
HAS  BEEN  PLACED  UNDER ARREST FOR ANY SUCH VIOLATION OR (2) WITHIN TWO
HOURS AFTER A BREATH TEST AS PROVIDED IN PARAGRAPH  (B)  OF  SUBDIVISION
FIVE  OF  THIS  SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH
PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS  ESTABLISHED  BY
THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
  (B)  IF  SUCH PERSON HAVING BEEN PLACED UNDER ARREST OR AFTER A BREATH
TEST INDICATES THE PRESENCE OF ALCOHOL IN THE PERSON'S SYSTEM AND HAVING
THEREAFTER BEEN REQUESTED TO SUBMIT TO SUCH  CHEMICAL  TEST  AND  HAVING
BEEN  INFORMED  THAT  THE  PERSON'S PRIVILEGE TO OPERATE AN ATV SHALL BE
IMMEDIATELY SUSPENDED FOR REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST OR ANY
PORTION THEREOF, WHETHER OR NOT THE PERSON IS FOUND GUILTY OF THE CHARGE
FOR WHICH SUCH PERSON IS ARRESTED, REFUSES TO SUBMIT  TO  SUCH  CHEMICAL
TEST  OR  ANY  PORTION  THEREOF,  UNLESS  A COURT ORDER HAS BEEN GRANTED
PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, THE  TEST  SHALL  NOT  BE
GIVEN  AND A WRITTEN REPORT OF SUCH REFUSAL SHALL BE IMMEDIATELY MADE BY
THE POLICE OFFICER BEFORE WHOM SUCH REFUSAL WAS MADE. SUCH REPORT MAY BE
VERIFIED BY HAVING THE REPORT SWORN TO, OR BY AFFIXING TO SUCH REPORT  A
FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A CLASS
A  MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW AND SUCH FORM
NOTICE TOGETHER WITH THE SUBSCRIPTION OF THE DEPONENT SHALL CONSTITUTE A
VERIFICATION OF THE REPORT. THE REPORT OF THE POLICE OFFICER  SHALL  SET
FORTH  REASONABLE  GROUNDS  TO BELIEVE SUCH ARRESTED PERSON TO HAVE BEEN
OPERATING AN ATV IN VIOLATION OF ANY PARAGRAPH  OF  SUBDIVISION  ONE  OF
THIS  SECTION,  THAT  SUCH PERSON HAD REFUSED TO SUBMIT TO SUCH CHEMICAL
TEST, AND THAT  NO  CHEMICAL  TEST  WAS  ADMINISTERED  PURSUANT  TO  THE
REQUIREMENTS  OF  SUBDIVISION SEVEN OF THIS SECTION. THE REPORT SHALL BE
PRESENTED TO THE COURT UPON THE ARRAIGNMENT OF THE ARRESTED PERSON.  THE
PRIVILEGE  TO  OPERATE  AN  ATV  SHALL,  UPON  THE BASIS OF SUCH WRITTEN
REPORT, BE TEMPORARILY SUSPENDED BY THE COURT WITHOUT NOTICE PENDING THE
DETERMINATION OF A HEARING AS PROVIDED HEREIN.  COPIES  OF  SUCH  REPORT
MUST  BE TRANSMITTED BY THE COURT TO THE COMMISSIONER AND SUCH TRANSMIT-
TAL MAY NOT BE WAIVED EVEN WITH THE CONSENT OF  ALL  THE  PARTIES.  SUCH
REPORT  SHALL  BE FORWARDED TO THE COMMISSIONER WITHIN FORTY-EIGHT HOURS
OF SUCH ARRAIGNMENT. THE COURT SHALL PROVIDE SUCH PERSON WITH A  HEARING
DATE  SCHEDULE,  A  WAIVER  FORM,  AND  SUCH OTHER INFORMATION AS MAY BE
REQUIRED BY THE COMMISSIONER. IF A HEARING, AS PROVIDED FOR IN PARAGRAPH
(C) OF THIS SUBDIVISION, IS WAIVED BY SUCH PERSON, THE  COMMISSIONER  OF
MOTOR  VEHICLES  SHALL  IMMEDIATELY  SUSPEND THE PRIVILEGE TO OPERATE AN
ATV, AS OF THE DATE OF RECEIPT OF SUCH WAIVER  IN  ACCORDANCE  WITH  THE
PROVISIONS OF PARAGRAPH (D) OF THIS SUBDIVISION.
  (C)  ANY  PERSON  WHOSE PRIVILEGE TO OPERATE AN ATV HAS BEEN SUSPENDED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IS ENTITLED TO  A  HEARING
IN  ACCORDANCE  WITH A HEARING SCHEDULE TO BE PROMULGATED BY THE COMMIS-
SIONER. IF THE DEPARTMENT FAILS TO PROVIDE FOR SUCH HEARING FIFTEEN DAYS
AFTER THE DATE OF THE ARRAIGNMENT OF THE ARRESTED PERSON, THE  PRIVILEGE
TO  OPERATE  AN ATV OF SUCH PERSON SHALL BE REINSTATED PENDING A HEARING
PURSUANT TO THIS SECTION. THE HEARING SHALL BE LIMITED TO THE  FOLLOWING
ISSUES: (1) DID THE POLICE OFFICER HAVE REASONABLE CAUSE TO BELIEVE THAT
SUCH  PERSON  HAD BEEN OPERATING AN ATV IN VIOLATION OF ANY PARAGRAPH OF
SUBDIVISION ONE OF THIS SECTION; (2)  DID  THE  POLICE  OFFICER  MAKE  A
LAWFUL ARREST OF SUCH PERSON; (3) WAS SUCH PERSON GIVEN SUFFICIENT WARN-

A. 10525                           11

ING,  IN CLEAR AND UNEQUIVOCAL LANGUAGE, PRIOR TO SUCH REFUSAL THAT SUCH
REFUSAL TO SUBMIT TO SUCH CHEMICAL TEST OR ANY  PORTION  THEREOF,  WOULD
RESULT IN THE IMMEDIATE SUSPENSION OF SUCH PERSON'S PRIVILEGE TO OPERATE
AN  ATV  WHETHER  OR  NOT  SUCH PERSON IS FOUND GUILTY OF THE CHARGE FOR
WHICH THE ARREST WAS MADE; AND (4) DID SUCH PERSON REFUSE TO  SUBMIT  TO
SUCH  CHEMICAL  TEST OR ANY PORTION THEREOF. IF, AFTER SUCH HEARING, THE
HEARING OFFICER, ACTING ON BEHALF OF THE COMMISSIONER, FINDS ON ANY  ONE
OF  SAID  ISSUES  IN THE NEGATIVE, THE HEARING OFFICER SHALL IMMEDIATELY
TERMINATE ANY SUSPENSION ARISING FROM SUCH REFUSAL. IF, AFTER SUCH HEAR-
ING, THE HEARING OFFICER, ACTING ON BEHALF OF THE COMMISSIONER FINDS ALL
OF THE ISSUES IN THE AFFIRMATIVE, SUCH OFFICER SHALL IMMEDIATELY SUSPEND
THE PRIVILEGE TO OPERATE AN ATV IN ACCORDANCE  WITH  THE  PROVISIONS  OF
PARAGRAPH (D) OF THIS SUBDIVISION. A PERSON WHO HAS HAD THE PRIVILEGE TO
OPERATE  AN  ATV  SUSPENDED  PURSUANT TO THIS SUBDIVISION MAY APPEAL THE
FINDINGS OF THE HEARING OFFICER IN ACCORDANCE  WITH  THE  PROVISIONS  OF
ARTICLE  THREE-A  OF  THIS  CHAPTER. ANY PERSON MAY WAIVE THE RIGHT TO A
HEARING UNDER THIS SECTION. FAILURE BY SUCH PERSON  TO  APPEAR  FOR  THE
SCHEDULED  HEARING  SHALL CONSTITUTE A WAIVER OF SUCH HEARING, PROVIDED,
HOWEVER, THAT SUCH PERSON MAY PETITION THE COMMISSIONER FOR A NEW  HEAR-
ING WHICH SHALL BE HELD AS SOON AS PRACTICABLE.
  (D)  (1)  ANY  PRIVILEGE  TO  OPERATE  AN ATV WHICH HAS BEEN SUSPENDED
PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION SHALL NOT BE RESTORED  FOR
SIX  MONTHS  AFTER SUCH SUSPENSION.  HOWEVER, NO SUCH PRIVILEGE SHALL BE
RESTORED FOR AT LEAST ONE YEAR AFTER SUCH SUSPENSION IN ANY  CASE  WHERE
THE  PERSON  HAS HAD A PRIOR SUSPENSION RESULTING FROM REFUSAL TO SUBMIT
TO A CHEMICAL TEST PURSUANT TO THIS SUBDIVISION, OR HAS  BEEN  CONVICTED
OF  A  VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION NOT
ARISING OUT OF THE SAME INCIDENT,  WITHIN  THE  FIVE  YEARS  IMMEDIATELY
PRECEDING THE DATE OF SUCH SUSPENSION.
  (2) ANY PERSON WHOSE PRIVILEGE TO OPERATE AN ATV IS SUSPENDED PURSUANT
TO  THE  PROVISIONS OF THIS SUBDIVISION SHALL ALSO BE LIABLE FOR A CIVIL
PENALTY IN THE AMOUNT OF TWO HUNDRED DOLLARS EXCEPT THAT IF SUCH SUSPEN-
SION IS A SECOND OR SUBSEQUENT SUSPENSION PURSUANT TO  THIS  SUBDIVISION
ISSUED WITHIN A FIVE YEAR PERIOD, OR SUCH PERSON HAS BEEN CONVICTED OF A
VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION WITHIN THE
PAST  FIVE YEARS NOT ARISING OUT OF THE SAME INCIDENT, THE CIVIL PENALTY
SHALL BE IN THE AMOUNT OF FIVE HUNDRED DOLLARS. THE PRIVILEGE TO OPERATE
AN ATV SHALL NOT BE RESTORED TO SUCH PERSON UNLESS SUCH PENALTY HAS BEEN
PAID. THE FIRST ONE HUNDRED DOLLARS OF EACH  PENALTY  COLLECTED  BY  THE
DEPARTMENT  PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE PAID
TO THE COMMISSIONER FOR DEPOSIT TO THE GENERAL FUND AND THE REMAINDER OF
ALL SUCH PENALTIES SHALL BE PAID TO THE COMMISSIONER FOR DEPOSIT IN  THE
ATV ENVIRONMENTAL RESTORATION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-TWO-HH OF THE STATE FINANCE LAW.
  (E)  THE  COMMISSIONER  SHALL PROMULGATE SUCH RULES AND REGULATIONS AS
MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
  (F) EVIDENCE OF A REFUSAL TO SUBMIT TO SUCH  CHEMICAL  TEST  SHALL  BE
ADMISSIBLE IN ANY TRIAL, PROCEEDING OR HEARING BASED UPON A VIOLATION OF
THE  PROVISIONS OF THIS SECTION, BUT ONLY UPON A SHOWING THAT THE PERSON
WAS GIVEN SUFFICIENT WARNING, IN CLEAR AND UNEQUIVOCAL LANGUAGE, OF  THE
EFFECT  OF  SUCH  REFUSAL  AND  THAT  THE PERSON PERSISTED IN HIS OR HER
REFUSAL.
  (G) UPON THE REQUEST OF THE PERSON TESTED, THE RESULTS  OF  SUCH  TEST
SHALL BE MADE AVAILABLE TO HIM OR HER.
  7.  COMPULSORY  CHEMICAL  TESTS. (A) NOTWITHSTANDING THE PROVISIONS OF
SUBDIVISION SIX OF THIS SECTION, NO PERSON WHO OPERATES AN  ATV  UPON  A

A. 10525                           12

STREET, HIGHWAY, PUBLIC TRAILS, LANDS, BODIES OF WATER, OR PRIVATE PROP-
ERTY  OF  ANOTHER MAY REFUSE TO SUBMIT TO A CHEMICAL TEST OF ONE OR MORE
OF THE FOLLOWING: BREATH, BLOOD, URINE OR SALIVA,  FOR  THE  PURPOSE  OF
DETERMINING  THE ALCOHOLIC AND/OR DRUG CONTENT OF THE BLOOD WHEN A COURT
ORDER FOR SUCH CHEMICAL TEST HAS BEEN  ISSUED  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS SUBDIVISION.
  (B)  UPON  REFUSAL  BY  ANY PERSON TO SUBMIT TO A CHEMICAL TEST OR ANY
PORTION THEREOF AS DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION,  THE
TEST  SHALL NOT BE GIVEN UNLESS A POLICE OFFICER OR A DISTRICT ATTORNEY,
AS DEFINED IN SUBDIVISION THIRTY-TWO OF SECTION  1.20  OF  THE  CRIMINAL
PROCEDURE  LAW, REQUESTS AND OBTAINS A COURT ORDER TO COMPEL A PERSON TO
SUBMIT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC OR DRUG CONTENT  OF
THE PERSON'S BLOOD UPON A FINDING OF REASONABLE CAUSE TO BELIEVE THAT:
  (1)  SUCH  PERSON WAS THE OPERATOR OF AN ATV AND IN THE COURSE OF SUCH
OPERATION A PERSON OTHER THAN THE OPERATOR WAS KILLED OR SUFFERED  SERI-
OUS PHYSICAL INJURY AS DEFINED IN SECTION 10.00 OF THE PENAL LAW; AND
  (2)  (I) EITHER SUCH PERSON OPERATED THE ATV IN VIOLATION OF ANY PARA-
GRAPH OF SUBDIVISION ONE OF THIS SECTION, OR
  (II) A BREATH TEST ADMINISTERED BY A POLICE OFFICER IN ACCORDANCE WITH
SUBDIVISION FIVE  OF  THIS  SECTION  INDICATES  THAT  ALCOHOL  HAS  BEEN
CONSUMED BY SUCH PERSON; AND
  (3) SUCH PERSON HAS BEEN PLACED UNDER LAWFUL ARREST; AND
  (4)  SUCH  PERSON  HAS  REFUSED  TO  SUBMIT  TO A CHEMICAL TEST OR ANY
PORTION THEREOF, REQUESTED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION SIX OF THIS SECTION OR IS UNABLE TO GIVE CONSENT TO SUCH A TEST.
  (C) FOR THE PURPOSE OF THIS SUBDIVISION "REASONABLE  CAUSE"  SHALL  BE
DETERMINED  BY  VIEWING  THE  TOTALITY  OF CIRCUMSTANCES SURROUNDING THE
INCIDENT WHICH, WHEN TAKEN TOGETHER,  INDICATE  THAT  THE  OPERATOR  WAS
OPERATING  AN  ATV  IN  VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF
THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE, BUT ARE  NOT  LIMITED  TO:
EVIDENCE  THAT  THE  OPERATOR  WAS  OPERATING AN ATV IN VIOLATION OF ANY
PROVISION OF THIS CHAPTER WHICH REGULATES THE MANNER IN WHICH AN ATV  IS
TO  BE  PROPERLY OPERATED AT THE TIME OF THE INCIDENT; ANY VISIBLE INDI-
CATION OF ALCOHOL OR DRUG CONSUMPTION OR IMPAIRMENT BY THE OPERATOR; ANY
OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF THE INCIDENT WHICH INDI-
CATES THAT THE OPERATOR HAS BEEN OPERATING AN ATV WHILE IMPAIRED BY  THE
CONSUMPTION  OF  ALCOHOL  OR DRUGS OR WAS INTOXICATED AT THE TIME OF THE
INCIDENT.
  (D) (1) AN APPLICATION FOR A COURT ORDER TO  COMPEL  SUBMISSION  TO  A
CHEMICAL  TEST  OR ANY PORTION THEREOF, MAY BE MADE TO ANY SUPREME COURT
JUSTICE, COUNTY COURT JUDGE OR DISTRICT  COURT  JUDGE  IN  THE  JUDICIAL
DISTRICT  IN WHICH THE INCIDENT OCCURRED, OR IF THE INCIDENT OCCURRED IN
THE CITY OF NEW YORK BEFORE ANY SUPREME COURT JUSTICE OR  JUDGE  OF  THE
CRIMINAL COURT OF THE CITY OF NEW YORK. SUCH APPLICATION MAY BE COMMUNI-
CATED BY TELEPHONE, RADIO OR OTHER MEANS OF ELECTRONIC COMMUNICATION, OR
IN PERSON.
  (2)  THE  APPLICANT  MUST PROVIDE IDENTIFICATION BY NAME AND TITLE AND
MUST STATE THE PURPOSE OF THE COMMUNICATION. UPON BEING ADVISED THAT  AN
APPLICATION FOR A COURT ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST IS
BEING MADE, THE COURT SHALL PLACE UNDER OATH THE APPLICANT AND ANY OTHER
PERSON  PROVIDING  INFORMATION IN SUPPORT OF THE APPLICATION AS PROVIDED
IN SUBPARAGRAPH THREE OF THIS PARAGRAPH. AFTER BEING SWORN THE APPLICANT
MUST STATE THAT THE PERSON FROM WHOM THE CHEMICAL TEST WAS REQUESTED WAS
THE OPERATOR OF AN ATV AND IN THE COURSE OF  SUCH  OPERATION  A  PERSON,
OTHER THAN THE OPERATOR, HAS BEEN KILLED OR SERIOUSLY INJURED AND, BASED
UPON THE TOTALITY OF CIRCUMSTANCES, THERE IS REASONABLE CAUSE TO BELIEVE

A. 10525                           13

THAT  SUCH  PERSON WAS OPERATING AN ATV IN VIOLATION OF ANY PARAGRAPH OF
SUBDIVISION ONE OF THIS SECTION AND, AFTER  BEING  PLACED  UNDER  LAWFUL
ARREST  SUCH  PERSON REFUSED TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION
THEREOF,  IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION OR IS UNABLE
TO GIVE CONSENT TO SUCH A TEST OR ANY PORTION THEREOF.    THE  APPLICANT
MUST  MAKE  SPECIFIC  ALLEGATIONS OF FACT TO SUPPORT SUCH STATEMENT. ANY
OTHER PERSON PROPERLY IDENTIFIED MAY PRESENT SWORN ALLEGATIONS  OF  FACT
IN SUPPORT OF THE APPLICANT'S STATEMENT.
  (3)  UPON  BEING ADVISED THAT AN ORAL APPLICATION FOR A COURT ORDER TO
COMPEL A PERSON TO SUBMIT TO A CHEMICAL TEST IS BEING MADE, A  JUDGE  OR
JUSTICE  SHALL  PLACE  UNDER  OATH  THE  APPLICANT  AND ANY OTHER PERSON
PROVIDING INFORMATION IN SUPPORT OF THE APPLICATION. SUCH OATH OR  OATHS
AND ALL OF THE REMAINING COMMUNICATION MUST BE RECORDED, EITHER BY MEANS
OF  A  VOICE RECORDING DEVICE OR VERBATIM STENOGRAPHIC OR VERBATIM LONG-
HAND NOTES. IF A VOICE RECORDING DEVICE IS USED OR A STENOGRAPHIC RECORD
MADE, THE JUDGE MUST HAVE THE RECORD TRANSCRIBED, CERTIFY TO THE ACCURA-
CY OF THE TRANSCRIPTION AND FILE THE ORIGINAL RECORD  AND  TRANSCRIPTION
WITH  THE  COURT  WITHIN  SEVENTY-TWO HOURS OF THE ISSUANCE OF THE COURT
ORDER. IF THE LONGHAND NOTES ARE TAKEN, THE JUDGE SHALL SUBSCRIBE A COPY
AND FILE IT WITH THE COURT WITHIN TWENTY-FOUR HOURS OF THE  ISSUANCE  OF
THE ORDER.
  (4)  IF  THE COURT IS SATISFIED THAT THE REQUIREMENTS FOR THE ISSUANCE
OF A COURT ORDER PURSUANT TO THE PROVISIONS OF  PARAGRAPH  (B)  OF  THIS
SUBDIVISION  HAVE  BEEN  MET,  IT MAY GRANT THE APPLICATION AND ISSUE AN
ORDER REQUIRING THE ACCUSED TO SUBMIT TO A CHEMICAL  TEST  TO  DETERMINE
THE  ALCOHOLIC  AND/OR DRUG CONTENT OF HIS OR HER BLOOD AND ORDERING THE
WITHDRAWAL OF A BLOOD SAMPLE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION EIGHT OF THIS SECTION. WHEN A  JUDGE  OR  JUSTICE  DETERMINES  TO
ISSUE  AN ORDER TO COMPEL SUBMISSION TO A CHEMICAL TEST BASED ON AN ORAL
APPLICATION, THE APPLICANT THEREFOR SHALL PREPARE THE ORDER  IN  ACCORD-
ANCE  WITH  THE  INSTRUCTIONS  OF THE JUDGE OR JUSTICE. IN ALL CASES THE
ORDER SHALL INCLUDE THE NAME OF THE ISSUING JUDGE OR JUSTICE,  THE  NAME
OF THE APPLICANT, AND THE DATE AND TIME IT WAS ISSUED. IT MUST BE SIGNED
BY  THE  JUDGE  OR  JUSTICE  IF ISSUED IN PERSON, OR BY THE APPLICANT IF
ISSUED ORALLY.
  (5) ANY FALSE STATEMENT BY AN APPLICANT OR ANY OTHER PERSON IN SUPPORT
OF AN APPLICATION FOR A COURT ORDER SHALL SUBJECT  SUCH  PERSON  TO  THE
OFFENSES  FOR  PERJURY SET FORTH IN ARTICLE TWO HUNDRED TEN OF THE PENAL
LAW.
  (E) AN ORDER ISSUED PURSUANT TO THE  PROVISIONS  OF  THIS  SUBDIVISION
SHALL  REQUIRE  THAT  A  CHEMICAL TEST TO DETERMINE THE ALCOHOLIC AND/OR
DRUG  CONTENT  OF  THE  OPERATOR'S  BLOOD  MUST  BE  ADMINISTERED.   THE
PROVISIONS  OF  PARAGRAPHS (A), (B) AND (C) OF SUBDIVISION EIGHT OF THIS
SECTION SHALL BE APPLICABLE TO ANY CHEMICAL TEST  ADMINISTERED  PURSUANT
TO THIS SECTION.
  (F)  A  DEFENDANT  WHO HAS BEEN COMPELLED TO SUBMIT TO A CHEMICAL TEST
PURSUANT TO  THE  PROVISIONS  OF  THIS  SUBDIVISION  MAY  MOVE  FOR  THE
SUPPRESSION  OF  SUCH  EVIDENCE IN ACCORDANCE WITH ARTICLE SEVEN HUNDRED
TEN OF THE CRIMINAL PROCEDURE LAW ON THE  GROUNDS  THAT  THE  ORDER  WAS
OBTAINED  AND  THE  TEST  ADMINISTERED IN VIOLATION OF THE PROVISIONS OF
THIS SUBDIVISION OR ANY OTHER APPLICABLE LAW.
  8. TESTING PROCEDURES. (A) AT THE REQUEST OF  A  POLICE  OFFICER,  THE
FOLLOWING  PERSONS MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE
ALCOHOL OR DRUG CONTENT THEREIN: (1) A PHYSICIAN, A  REGISTERED  PROFES-
SIONAL  NURSE  OR  A  REGISTERED PHYSICIAN'S ASSISTANT; OR (2) UNDER THE
SUPERVISION AND AT THE DIRECTION OF A PHYSICIAN:  A  MEDICAL  LABORATORY

A. 10525                           14

TECHNICIAN  OR  MEDICAL  TECHNOLOGIST  AS CLASSIFIED BY CIVIL SERVICE; A
PHLEBOTOMIST; AN ADVANCED EMERGENCY MEDICAL TECHNICIAN AS  CERTIFIED  BY
THE  DEPARTMENT OF HEALTH, OR A MEDICAL LABORATORY TECHNICIAN OR MEDICAL
TECHNOLOGIST EMPLOYED BY A CLINICAL LABORATORY APPROVED UNDER TITLE FIVE
OF  ARTICLE  FIVE  OF  THE  PUBLIC HEALTH LAW. THIS LIMITATION SHALL NOT
APPLY TO THE TAKING OF A URINE, SALIVA OR BREATH SPECIMEN.
  (B) NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO PARAGRAPH (A)  OF
THIS SUBDIVISION OR HOSPITAL EMPLOYING SUCH PERSON AND NO OTHER EMPLOYER
OF  SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR OMITTED
IN THE COURSE OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE OFFICER OR
PEACE OFFICER ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES  PURSUANT  TO
THIS SUBDIVISION.
  (C)  ANY  PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM THE WITH-
DRAWAL OF BLOOD AS AFORESAID, FOR WHICH  NO  PERSONAL  LIABILITY  EXISTS
UNDER  PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  MAY  MAINTAIN SUCH ACTION
AGAINST THE STATE IF THE PERSON ENTITLED TO WITHDRAW BLOOD  PURSUANT  TO
PARAGRAPH (A) OF THIS SUBDIVISION ACTED AT THE REQUEST OF A POLICE OFFI-
CER  OR  PEACE  OFFICER  ACTING  PURSUANT  TO HIS OR HER SPECIAL DUTIES,
EMPLOYED BY THE STATE, OR AGAINST THE APPROPRIATE POLITICAL  SUBDIVISION
OF  THE  STATE IF THE PERSON ACTED AT THE REQUEST OF A POLICE OFFICER OR
PEACE OFFICER ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, EMPLOYED  BY
A  POLITICAL  SUBDIVISION  OF  THE  STATE. NO ACTION SHALL BE MAINTAINED
PURSUANT TO THIS PARAGRAPH UNLESS NOTICE  OF  CLAIM  IS  DULY  FILED  OR
SERVED IN COMPLIANCE WITH LAW.
  (D)  NOTWITHSTANDING  THE FOREGOING PROVISIONS OF THIS SUBDIVISION, AN
ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVISION THEREOF
AGAINST A PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION OR HOSPITAL EMPLOYING SUCH  PERSON  FOR  WHOSE  ACT  OR
OMISSION  THE  STATE  OR  THE POLITICAL SUBDIVISION HAS BEEN HELD LIABLE
UNDER THIS SUBDIVISION TO RECOVER  DAMAGES,  NOT  EXCEEDING  THE  AMOUNT
AWARDED  TO  THE  CLAIMANT, THAT MAY HAVE BEEN SUSTAINED BY THE STATE OR
THE POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE ON THE  PART  OF
SUCH PERSON ENTITLED TO WITHDRAW BLOOD.
  (E)  THE  TESTIMONY OF ANY PERSON, OTHER THAN A PHYSICIAN, ENTITLED TO
DRAW BLOOD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION IN  RESPECT  TO
ANY  SUCH  WITHDRAWAL  OF  BLOOD  MADE  BY HIM OR HER MAY BE RECEIVED IN
EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS IF SUCH WITHDRAWAL OF
BLOOD WERE MADE BY A PHYSICIAN.
  (F) THE PROVISIONS OF PARAGRAPHS (B), (C) AND (D) OF THIS  SUBDIVISION
SHALL  ALSO  APPLY  WITH  REGARD TO ANY PERSON EMPLOYED BY A HOSPITAL AS
SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE  COURSE  OF  WITH-
DRAWING  BLOOD  AT  THE  REQUEST OF A POLICE OFFICER PURSUANT TO A COURT
ORDER IN ACCORDANCE WITH THIS SUBDIVISION.
  (G) THE PERSON TESTED SHALL BE PERMITTED  TO  CHOOSE  A  PHYSICIAN  TO
ADMINISTER  A  CHEMICAL  TEST IN ADDITION TO THE ONE ADMINISTERED AT THE
DIRECTION OF THE POLICE OFFICER.
  9. CHEMICAL TEST EVIDENCE. (A) UPON THE TRIAL OF ANY  SUCH  ACTION  OR
PROCEEDING  ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY
PERSON ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION  ONE  OF
THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
DRUGS  IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT
TO THE PROVISIONS OF SUBDIVISION SIX OR SEVEN OF THIS SECTION.
  (B) THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF  BLOOD  ALCOHOL
CONTENT,  AS  DETERMINED  BY  SUCH  TESTS,  OF  A  PERSON ARRESTED FOR A
VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS  SECTION  AND  WHO
WAS OPERATING AN ATV:

A. 10525                           15

  (1) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
ABILITY OF SUCH PERSON TO  OPERATE  AN  ATV  WAS  NOT  IMPAIRED  BY  THE
CONSUMPTION  OF  ALCOHOL, AND THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION.
  (2)  EVIDENCE  THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
THAN .07 OF ONE PER CENTUM OF WEIGHT IN SUCH  PERSON'S  BLOOD  SHALL  BE
PRIMA  FACIE  EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED CONDI-
TION, BUT SUCH EVIDENCE SHALL BE RELEVANT  EVIDENCE  BUT  NOT  BE  GIVEN
PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
OPERATE AN ATV WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
  (3)  EVIDENCE  THAT  THERE  WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE AN ATV WAS IMPAIRED
BY THE CONSUMPTION OF ALCOHOL.
  (C)  EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION
THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST
TO SUBMIT TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE  PROVISIONS  OF
SUBDIVISION SIX OF THIS SECTION.
  10.  LIMITATIONS.  (A) AN ATV OPERATOR MAY BE CONVICTED OF A VIOLATION
OF PARAGRAPH (A), (B), (C), OR (D) OF SUBDIVISION ONE OF  THIS  SECTION,
NOTWITHSTANDING  THAT  THE  CHARGE  LAID  BEFORE  THE  COURT  ALLEGED  A
VIOLATION OF PARAGRAPH (B), (C), OR  (D)  OF  SUBDIVISION  ONE  OF  THIS
SECTION,  AND REGARDLESS OF WHETHER OR NOT SUCH CONVICTION IS BASED ON A
PLEA OF GUILTY.
  (B) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE  THE  COURT  ALLEGES  A
VIOLATION  OF  PARAGRAPH  (B),  (C),  OR  (D) OF SUBDIVISION ONE OF THIS
SECTION, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION  OF  SUCH
CHARGE  MUST  INCLUDE  AT LEAST A PLEA OF GUILTY TO THE VIOLATION OF THE
PROVISIONS OF ONE OF THE PARAGRAPHS OF SUCH SUBDIVISION ONE AND NO OTHER
DISPOSITION BY PLEA OF GUILTY TO ANY OTHER  CHARGE  IN  SATISFACTION  OF
SUCH  CHARGE  SHALL  BE  AUTHORIZED;  PROVIDED, HOWEVER, IF THE DISTRICT
ATTORNEY UPON REVIEWING  THE  AVAILABLE  EVIDENCE  DETERMINES  THAT  THE
CHARGE  OF  A  VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION IS NOT
WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW A  DISPOSITION
BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
  11.  SUSPENSION  PENDING  PROSECUTION. (A) WITHOUT NOTICE, PENDING ANY
PROSECUTION, THE COURT MAY SUSPEND THE RIGHT TO OPERATE AN ATV WHERE THE
ATV OPERATOR HAS BEEN CHARGED  WITH  VEHICULAR  ASSAULT  IN  THE  SECOND
DEGREE  OR  VEHICULAR  MANSLAUGHTER  IN  THE  SECOND  DEGREE AS DEFINED,
RESPECTIVELY, IN SECTIONS 120.03 AND 125.12 OF THE PENAL LAW.
  (B) A SUSPENSION UNDER THIS SUBDIVISION  SHALL  OCCUR  NO  LATER  THAN
TWENTY  DAYS  AFTER THE ATV OPERATOR'S FIRST APPEARANCE BEFORE THE COURT
ON THE CHARGES OR AT THE CONCLUSION OF ALL PROCEEDINGS REQUIRED FOR  THE
ARRAIGNMENT,  WHICHEVER  COMES  FIRST.  IN ORDER FOR THE COURT TO IMPOSE
SUCH SUSPENSION IT MUST FIND THAT THE ACCUSATORY INSTRUMENT CONFORMS  TO
THE  REQUIREMENTS  OF  SECTION  100.40 OF THE CRIMINAL PROCEDURE LAW AND
THERE EXISTS REASONABLE CAUSE TO BELIEVE THAT THE  ACCUSED  OPERATED  AN
ATV  IN  VIOLATION OF SECTION 120.03 OR 125.12 OF THE PENAL LAW. AT SUCH
TIME THE OPERATOR SHALL BE ENTITLED TO AN OPPORTUNITY TO MAKE  A  STATE-
MENT  REGARDING THE ENUMERATED ISSUES AND TO PRESENT EVIDENCE TENDING TO
REBUT THE COURT'S FINDINGS. WHERE SUCH SUSPENSION IS IMPOSED  UPON  SUCH
PENDING  CHARGE  AND  THE  OPERATOR  HAS REQUESTED A HEARING PURSUANT TO
ARTICLE ONE HUNDRED EIGHTY OF THE  CRIMINAL  PROCEDURE  LAW,  THE  COURT

A. 10525                           16

SHALL CONDUCT SUCH HEARING. IF UPON COMPLETION OF THE HEARING, THE COURT
FAILS  TO FIND THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT THE OPERA-
TOR COMMITTED A FELONY UNDER SECTION 120.03 OR 125.12 OF THE  PENAL  LAW
THE COURT SHALL PROMPTLY DIRECT RESTORATION OF SUCH OPERATING PRIVILEGES
TO  THE  OPERATOR  UNLESS  SUCH  OPERATING  PRIVILEGES  ARE SUSPENDED OR
REVOKED PURSUANT TO ANY OTHER PROVISION OF THIS CHAPTER.
  12. ATV SAFETY COURSE. UPON THE CONVICTION OF ANY SUBDIVISION OF  THIS
SECTION,  THE  COURT  SHALL,  IN ADDITION TO ANY OTHER PENALTIES INVOKED
UNDER THIS SECTION, REQUIRE THE CONVICTED PERSON, AS A CONDITION OF  THE
SENTENCE,  TO COMPLETE AN ATV SAFETY COURSE APPROVED BY THE COMMISSIONER
AND SHOW PROOF OF SUCCESSFUL COMPLETION OF SUCH COURSE TO THE  COURT  OR
ITS DESIGNEE.
  S 15. Section 606 of the tax law is amended by adding a new subsection
(n-2) to read as follows:
  (N-2)  CREDIT  FOR  CERTAIN  LANDOWNERS  WHO ALLOW ALL TERRAIN VEHICLE
ACCESS. (1) AN INDIVIDUAL TAXPAYER WHO MEETS THE  ELIGIBILITY  STANDARDS
IN  PARAGRAPH  TWO  OF THIS SUBSECTION SHALL BE ALLOWED A CREDIT AGAINST
THE TAXES IMPOSED BY THIS ARTICLE IN THE AMOUNT SPECIFIED  IN  PARAGRAPH
THREE OF THIS SUBSECTION.
  (2)  TO  BE ELIGIBLE FOR THE CREDIT, THE TAXPAYER (OR TAXPAYERS FILING
JOINT RETURNS) ON THE PERSONAL INCOME TAX RETURN MUST ALLOW ALL  TERRAIN
VEHICLE  ACCESS  IN THE FORM OF A STATE-FUNDED ALL TERRAIN VEHICLE TRAIL
OR PORTION THEREOF  ON  PROPERTY  OWNED  BY  THE  TAXPAYER  THAT  EITHER
RECEIVES  AN AGRICULTURAL ASSESSMENT UNDER SECTION THREE HUNDRED FIVE OR
THREE HUNDRED SIX OF THE AGRICULTURE AND  MARKETS  LAW  OR  IS  ELIGIBLE
FOREST LAND UNDER SECTION FOUR HUNDRED EIGHTY-A OF THE REAL PROPERTY TAX
LAW.
  (3) A TAXPAYER SHALL BE ALLOWED A CREDIT EQUAL TO TEN CENTS PER LINEAR
FOOT  OF  STATE-FUNDED  ALL  TERRAIN  VEHICLE TRAIL ON ELIGIBLE PROPERTY
PURSUANT TO PARAGRAPH TWO OF THIS SUBSECTION.
  S 16. Paragraph (d) of subdivision 6 of  section  92-s  of  the  state
finance  law,  as  amended  by section 13 of part E of chapter 61 of the
laws of 2000, is amended to read as follows:
  (d) Moneys from the open space account shall be available, pursuant to
appropriation, for any open space land conservation project,  bio-diver-
sity  stewardship  and  research pursuant to chapter five hundred fifty-
four of the laws of nineteen hundred ninety-three, for the  purposes  of
agricultural and farmland protection activities as authorized by article
twenty-five-AAA  of  the agriculture and markets law, FOR SUPPORT OF THE
LANDOWNER ALL TERRAIN VEHICLE ACCESS TAX CREDIT PURSUANT  TO  SUBSECTION
(N-2) OF SECTION SIX HUNDRED SIX OF THE TAX LAW, non-point source abate-
ment  and  control  projects pursuant to section 17-1409 of the environ-
mental conservation law and section  eleven-b  of  the  soil  and  water
conservation  districts  law,  for Long Island Central Pine Barrens area
planning or Long Island south shore estuary reserve planning pursuant to
title thirteen of article fifty-four of the  environmental  conservation
law,  and  for operation and management of the Albany Pine Bush preserve
commission pursuant to subdivision two of section 54-0303 of  the  envi-
ronmental conservation law.
  S  17.  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
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 the
authority to protect the order,  conduct,  health,  safety  and  general
welfare  of  persons or property. Nothing in this act shall be deemed to

A. 10525                           17

alter or invalidate any local law or ordinance in effect on  the  effec-
tive date of this act.
  S  18.  This act shall take effect on the thirtieth day after it shall
have become a law; provided, however that sections fifteen  and  sixteen
of  this  act  shall take effect on the first of January next succeeding
the date on which it shall have become a law and shall apply to  taxable
years  beginning  on  or  after  such  date; provided, however, that the
department of taxation and finance is authorized and directed to promul-
gate rules and regulations necessary for the  timely  implementation  of
sections  fifteen  and  sixteen  of this act on or before such effective
date.