S T A T E   O F   N E W   Y O R K
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                                   1429
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. JENNE -- read once and referred to the Committee
   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.
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02533-01-7
              

 A. 1429                             2
 
   § 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:
   (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

 A. 1429                             3
 
 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
 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.
   §  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.
   §  5.  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.   A SURCHARGE OF ONE HUNDRED DOLLARS SHALL BE PAID BY THE
 OWNER OF SUCH VEHICLE, AND MONIES THEREFROM SHALL BE  DEPOSITED  INTO  A

 A. 1429                             4
 
 SEPARATE, NON-LAPSING 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  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.
   § 6. The state finance law is amended by adding a new section 92-gg to
 read as follows:
   § 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.
   § 7. The state finance law is amended by adding a new section 92-hh to
 read as follows:
   § 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

 A. 1429                             5
 
 THE  PAYMENT OF ANY AND ALL COSTS AND EXPENDITURES FOR THE REPAIR OF ANY
 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.
   §  8.  The  vehicle and traffic law is amended by adding a new section
 2292 to read as follows:
   § 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

 A. 1429                             6
 
 PERCENT  FOR DISTRIBUTION UPON DEMONSTRATION OF COMPLETION, SUBMITTED BY
 DECEMBER FIRST, OF THE PROGRAM.
   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.
   § 9. The vehicle and traffic law is amended by adding  a  new  section
 2293 to read as follows:
   §  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 CONDI-
 TION PRECEDENT TO SUCH INDIVIDUAL RESIDENT,  INDIVIDUAL  NONRESIDENT  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.
   § 10. The vehicle and traffic law is amended by adding a  new  section
 2294 to read as follows:

 A. 1429                             7
 
   §  2294.  DISPOSITION  OF PENALTIES AND FINES.  THE COMMISSIONER SHALL
 DEPOSIT ALL MONIES RECEIVED  FROM  ALL  PENALTIES  AND  FINES  COLLECTED
 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.
   § 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.
   § 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.
   § 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.
   § 14. The vehicle and traffic law is amended by adding a  new  section
 2414 to read as follows:

 A. 1429                             8
 
   § 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
 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;

 A. 1429                             9
 
   (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),
 (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.

 A. 1429                            10
 
   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
 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

 A. 1429                            11
 
 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-
 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.

 A. 1429                            12
 
   (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
 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

 A. 1429                            13
 
 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
 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.

 A. 1429                            14
 
   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
 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

 A. 1429                            15
 
 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:
   (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

 A. 1429                            16
 
 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
 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.
   § 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.
   §  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.

 A. 1429                            17
 
   § 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
 alter or invalidate any local law or ordinance in effect on  the  effec-
 tive date of this act.
   §  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1429--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by M. of A. JENNE -- read once and referred to the Committee
   on Transportation  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02533-02-7

 A. 1429--A                          2
 
   §  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:
   (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

 A. 1429--A                          3

 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
 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,  AND  SUCH  FIVE  MILE LIMIT SHALL
 INCREASE TO TEN MILES FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDI-
 VISION.
   § 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.
   § 5. 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

 A. 1429--A                          4

 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.
   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.
   § 6. The state finance law is amended by adding a new section 92-gg to
 read as follows:
   § 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.
   § 7. The state finance law is amended by adding a new section 92-hh to
 read as follows:
   § 92-HH. ATV ENVIRONMENTAL RESTORATION FUND. 1. THERE IS HEREBY ESTAB-
 LISHED  IN  THE  JOINT CUSTODY OF THE COMMISSIONER OF MOTOR VEHICLES AND

 A. 1429--A                          5
 
 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
 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.
   §  8.  The  vehicle and traffic law is amended by adding a new section
 2292 to read as follows:
   § 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

 A. 1429--A                          6
 
 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.
   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.
   § 9. The vehicle and traffic law is amended by adding  a  new  section
 2293 to read as follows:
   §  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 CONDI-
 TION PRECEDENT TO SUCH INDIVIDUAL RESIDENT,  INDIVIDUAL  NONRESIDENT  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.

 A. 1429--A                          7
 
   § 10. The vehicle and traffic law is amended by adding a  new  section
 2294 to read as follows:
   §  2294.  DISPOSITION  OF PENALTIES AND FINES.  THE COMMISSIONER SHALL
 DEPOSIT ALL MONIES RECEIVED  FROM  ALL  PENALTIES  AND  FINES  COLLECTED
 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.
   §  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, AND SUCH FIVE
 MILE LIMIT SHALL INCREASE TO TEN MILES FIVE YEARS  AFTER  THE  EFFECTIVE
 DATE OF THIS PARAGRAPH.
   § 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.
   § 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-

 A. 1429--A                          8

 GRAPH G OF SUBDIVISION EIGHT OF  SECTION  9-0303  OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   §  14.  The vehicle and traffic law is amended by adding a new section
 2414 to read as follows:
   § 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
 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:

 A. 1429--A                          9
 
   (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),
 (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

 A. 1429--A                         10
 
 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
 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-

 A. 1429--A                         11
 
 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-
 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

 A. 1429--A                         12
 
 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
 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

 A. 1429--A                         13

 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
 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

 A. 1429--A                         14
 
 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
 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

 A. 1429--A                         15
 
 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:
   (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

 A. 1429--A                         16
 
 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
 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.
   § 15. Section 606 of the tax law is amended by adding a new subsection
 (n-3) to read as follows:
   (N-3) 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.
   §  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-3) 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

 A. 1429--A                         17
 
 commission  pursuant  to subdivision two of section 54-0303 of the envi-
 ronmental conservation law.
   §  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
 alter or invalidate any local law or ordinance in effect on  the  effec-
 tive date of this act.
   §  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1429--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of A. JENNE, CROUCH -- read once and referred to the
   Committee on Transportation --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee

 AN  ACT  to amend the environmental conservation law and 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 environmental restoration fund; and to amend the tax law  and  the
   state  finance  law, in relation to establishing tax credits for land-
   owners 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.  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" 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02533-03-7

 A. 1429--B                          2
 
 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.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 19-0306-b to read as follows:
 § 19-0306-B. ALL TERRAIN VEHICLE EMISSIONS REGULATIONS.
   1. THE DEPARTMENT SHALL ANNUALLY REVIEW THE AIR EMISSION STANDARDS FOR
 ALL  TERRAIN  VEHICLES  ADOPTED  BY  THE  UNITED  STATES   ENVIRONMENTAL
 PROTECTION  AGENCY  AND THE CALIFORNIA AIR RESOURCES BOARD (CARB). ON OR
 BEFORE APRIL FIRST OF EACH YEAR, THE COMMISSIONER SHALL PUBLISH  IN  THE
 STATE  REGISTER  A FINDING OF WHICH STANDARD IS MORE PROTECTIVE OF HUMAN
 HEALTH AND THE ENVIRONMENT. IF THE FINDING DETERMINES THAT THE  CALIFOR-
 NIA STANDARDS ARE MORE PROTECTIVE, THE DEPARTMENT SHALL PROMULGATE REGU-
 LATIONS  TO  APPLY  SUCH  STANDARDS TO EVERY ALL TERRAIN VEHICLE SOLD OR
 OFFERED FOR SALE IN THE STATE. SUCH STANDARD SHALL  APPLY  TO  THE  NEXT
 APPLICABLE MODEL YEAR.
   2.  FOR PURPOSES OF THIS SECTION, THE TERM "ALL TERRAIN VEHICLE" SHALL
 HAVE THE SAME MEANING  AS  IN  SUBDIVISION  ONE  OF  SECTION  TWENTY-TWO
 HUNDRED EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
   §  3. 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-

 A. 1429--B                          3

 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.
   §  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.   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.
   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.

 A. 1429--B                          4
 
   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.
   § 5. The state finance law is amended by adding a new section 92-gg to
 read as follows:
   § 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.
   § 6. The state finance law is amended by adding a new section 92-hh to
 read as follows:
   § 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
 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.
   §  7.  The  vehicle and traffic law is amended by adding a new section
 2292 to read as follows:

 A. 1429--B                          5
 
   § 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.
   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

 A. 1429--B                          6
 
 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.
   §  8.  The  vehicle and traffic law is amended by adding a new section
 2293 to read as follows:
   § 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  CONDI-
 TION  PRECEDENT  TO  SUCH INDIVIDUAL RESIDENT, INDIVIDUAL NONRESIDENT 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.
   §  9.  The  vehicle and traffic law is amended by adding a new section
 2294 to read as follows:
   § 2294. DISPOSITION OF PENALTIES AND FINES.   THE  COMMISSIONER  SHALL
 DEPOSIT  ALL  MONIES  RECEIVED  FROM  ALL  PENALTIES AND FINES COLLECTED
 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.
   § 10. 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

 A. 1429--B                          7
 
 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.
   § 11. 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.
   § 12. The vehicle and traffic law is amended by adding a  new  section
 2414 to read as follows:
   § 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
 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

 A. 1429--B                          8
 
 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),
 (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;
   (4)  A PERIOD OF ONE YEAR OR UNTIL THE PERSON REACHES THE AGE OF TWEN-
 TY-ONE, WHICHEVER IS THE GREATER PERIOD OF TIME, WHERE A PERSON HAS BEEN
 FOUND TO HAVE OPERATED A MOTOR VEHICLE AFTER HAVING CONSUMED ALCOHOL  IN
 VIOLATION  OF  SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS CHAPTER WHERE
 SUCH PERSON WAS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF COMMISSION OF
 SUCH VIOLATION.
   (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. 1429--B                          9
 
 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
 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. 1429--B                         10
 
 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-
 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

 A. 1429--B                         11

 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
 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

 A. 1429--B                         12
 
   (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
 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.

 A. 1429--B                         13
 
   (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
 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. 1429--B                         14

 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:
   (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.

 A. 1429--B                         15
 
   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
 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.
   § 13. Section 606 of the tax law is amended by adding a new subsection
 (n-3) to read as follows:
   (N-3)  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

 A. 1429--B                         16
 
 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.
   §  14.  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-3) 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.
   § 15. 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
 alter  or  invalidate any local law or ordinance in effect on the effec-
 tive date of this act.
   § 16. This act shall take effect on the thirtieth day after  it  shall
 have become a law; provided, however that sections thirteen and fourteen
 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  thirteen  and fourteen of this act on or before such effective
 date.