S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4600                                                  A. 6002
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 21, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  --  Introduced  by  M.  of A. ENGLEBRIGHT -- read once and
   referred to the Committee on Tourism, Parks, Arts and Sports  Develop-
   ment

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting  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
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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:
   (I) "ALL-TERRAIN VEHICLE" SHALL MEAN A MOTOR VEHICLE WHICH IS MANUFAC-
 TURED  FOR OPERATION PRIMARILY FOR OFF-HIGHWAY USE OR OFF-HIGHWAY COMPE-
 TITIONS AND ONLY INCIDENTALLY OPERATED  ON  PUBLIC  HIGHWAYS;  PROVIDED,
 HOWEVER, SUCH TERM SHALL NOT INCLUDE A SNOWMOBILE.
   (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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03167-01-7

 S. 4600                             2                            A. 6002
 
   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 INVOLVED 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.
   § 2. 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.
   § 3. 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
   § 4. The environmental conservation law is amended  by  adding  a  new
 section 71-0717 to read as follows:
 § 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. SUCH IMPOUNDED  ALL-TERRAIN  VEHICLE  SHALL  BE  PROCESSED
 CONSISTENT  WITH  THE PROVISIONS OF SECTION FIVE HUNDRED ELEVEN-B OF THE
 VEHICLE AND TRAFFIC LAW; PROVIDED, HOWEVER,  THAT  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  ALL-TERRAIN
 VEHICLE  ENFORCEMENT  FUND  OF  THE  IMPOUNDING  LAW ENFORCEMENT AGENCY,
 EXCEPT AS PROVIDED BY SUBDIVISION TWO OF THIS SECTION.
   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 ALL-TERRAIN VEHICLE LAWS
 APPLICABLE TO THE FOREST PRESERVE, LONG ISLAND CENTRAL PINE BARRENS AREA
 AND THE ALBANY PINE BUSH PRESERVE.
   § 5. 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  ordi-
 nance  which  imposes stricter restrictions and conditions on the opera-
 tion of all-terrain vehicles than are provided  or  authorized  by  this

 S. 4600                             3                            A. 6002
 
 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
 alter  or  invalidate any local law or ordinance in effect on the effec-
 tive date of this act.
   § 6. This act shall take effect immediately.