BILL NUMBER:  S7231

 TITLE OF BILL :

An act to amend the parks, recreation and historic preservation law,
in relation to designating a portion of state route twelve and a
portion of state route twenty-eight in the town of Boonville in Oneida
county for snowmobile use

 PURPOSE OF BILL :

To allow a portion of the highway right-of-way along State Routes 12
and 28 in the town of Boonville, Oneida County portions of which are
controlled access, to be designated for use by snowmobiles.

 SUMMARY OF PROVISIONS :

Adds a new subdivision 1-d to Section 25.05 of the Parks, Recreation
and Historic Preservation Law allowing for the designation of a
snowmobile trail along State Routes 12 and 28 in the Town of Boonville
in Oneida County. The Commissioners of OPRHP and DOT will develop
conditions for the safe use of the trail. The designation of such a
trail will be for one year and can be renewed with the concur- rence
of the Commissioner of DOT.

 EXISTING LAW :
              

Section 25 of the Parks, Recreation and Historic Preservation Law
pertains to control provisions for the operation of snowmobiles.
Section 25.05 relates to the operation of snowmobiles on highways and
specifically states that snowmobiles will not be operated on the
Thruway, interstate highways and controlled access state highways.

Section 3 of the Highway Law defines controlled access highways as
those highways to and from which the owners or occupants of abutting
property or of any other persons will have no right of access
excepting at junctions of such highways with other public highways.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.  Similar legislation has been enacted in the
past to provide snowmobile access on certain highways where
appropriate.

 STATEMENT IN SUPPORT :

Snowmobiles are expressly prohibited from operating on a controlled
access state highway. Because abutting property owners have no right
of access directly onto Routes 12 and 28 in this immediate area, it is
a controlled access highway. Thus, it is currently contrary to the
parks, recreation and historic preservation law to use these portions
of Route 12 and 28 by snowmobiles.

The DOT and Parks commissioners must assure that safe trail use can be
established in the vicinity specifically limited by the bill to
portions of said state routes between specific reference markers
before such designation can be made.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act takes effect immediately.