S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3920--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced  by  Sens. RITCHIE, GRIFFO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Cultural Affairs,
   Tourism, Parks and Recreation  --  recommitted  to  the  Committee  on
   Cultural  Affairs,  Tourism,  Parks  and Recreation in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the parks, recreation and historic preservation law, the
   vehicle  and  traffic law, the state finance law and the environmental
   conservation law, in relation to the creation of an ATV trail fund and
   the use of ATVs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent and purpose. In order to best organize
 and sustain an environmentally sensitive statewide system of trails  for
 all  terrain vehicles, the legislature hereby creates an ATV trail fund.
 The control and supervision of the trail fund shall be maintained by the
 office of parks, recreation and historic preservation upon  consultation
 with  the  department  of  environmental conservation. The trail fund is
 created for the purpose of  designating  state,  municipal  and  private
 lands as part of a statewide network of ATV trails. Fees obtained by the
 office  of  parks,  recreation and historic preservation for the mainte-
 nance of  the  trail  fund  shall  be  divided  between  administration,
 enforcement, education and remediation and maintenance, construction and
 development  of  the  statewide trail system.  It is the purpose of this
 act to promote the safe and proper  use  of  all  terrain  vehicles  for
 recreation  and  commerce  in  this  state  by encouraging their use and
 development, while minimizing detrimental effects of such use  upon  the
 environment.
   § 2. Title D of the parks, recreation and historic preservation law is
 amended by adding a new article 26 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09362-02-8
              

 S. 3920--A                          2
 
                                ARTICLE 26
                      ALL-TERRAIN VEHICLE TRAIL FUND
 SECTION 26.01 TRAIL PLAN.
         26.03 RULES AND REGULATIONS.
   §  26.01 TRAIL PLAN. THE DEPARTMENT SHALL PREPARE A STATEWIDE ALL-TER-
 RAIN VEHICLE TRAIL PLAN PROVIDING FOR RECREATIONAL USE OF  "ALL  TERRAIN
 VEHICLES"  OR  "ATVS"  ON  PERMITTED  STATE  AND MUNICIPAL LANDS AND ATV
 DESIGNATED TRAILS ON PRIVATE LANDS TO ESTABLISH A STATEWIDE  NETWORK  OF
 ATV  TRAILS.  FOR  PURPOSES  OF THIS ARTICLE, "ATV" MEANS AN ALL TERRAIN
 VEHICLE AS DEFINED IN SECTION TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHI-
 CLE AND TRAFFIC LAW.
   § 26.03 RULES AND REGULATIONS.  1.  THE  DEPARTMENT  SHALL  PROMULGATE
 REGULATIONS  FOR  THE  USE OF ATVS WITH A VIEW TOWARDS ACHIEVING MAXIMUM
 USE OF ATVS AND MINIMIZING THE DETRIMENTAL EFFECT THEREOF UPON THE ENVI-
 RONMENT. NOTHING IN THIS SECTION SHALL PROHIBIT THE  DEPARTMENT  OR  THE
 DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION 9-0303 OF
 THE ENVIRONMENTAL CONSERVATION LAW FROM AUTHORIZING  OTHER  ATV  USE  ON
 STATE  OWNED LANDS.   THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS
 RELATING TO AND INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
   A. USE OF ATVS INSOFAR AS FISH  AND  WILDLIFE  RESOURCES  AND  NATURAL
 RESOURCES OF THE STATE.
   B.  USE  OF ATVS ON PUBLIC LANDS UNDER THE JURISDICTION OF THE DEPART-
 MENT, PROVIDING FOR INCORPORATING RECREATIONAL AND  SPORTSMAN  USE  INTO
 UMPS DEVELOPED FOR SUCH LANDS.
   C. UNIFORM SIGNS OR MARKERS.
   D.  REQUIREMENTS  FOR  PROTECTION OF PRIVATE PROPERTY OR THEREIN OCCA-
 SIONED BY THE USE OF ATVS.
   E. ESTABLISHMENT OF A COMPREHENSIVE ATV INFORMATION AND SAFETY  EDUCA-
 TION  AND  TRAINING PROGRAM, INCLUDING PROVISION FOR THE ISSUANCE OF ATV
 OPERATION AND SAFETY CERTIFICATES FOR  OPERATION  OF  ATVS  BY  YOUTHFUL
 OPERATORS AND ADULT OPERATORS WITHOUT A VALID DRIVER'S LICENSE.
   F.  REQUIREMENTS THAT NEW CONNECTOR TRAILS MUST COMPLY WITH STATE LAWS
 AND REGULATIONS AND, WHERE APPLICABLE FOR STATE-OWNED LANDS, COMPLY WITH
 A UNIT MANAGEMENT PLAN AND BE SUBJECT TO FULL PUBLIC  REVIEW  AND  HEAR-
 INGS.
   G.  REQUIREMENTS  FOR MUNICIPALITIES FOR THE DESIGNATION OF ATV USE ON
 OTHER PUBLIC LANDS MUST BE CONSISTENT WITH ENVIRONMENTAL IMPACT  ASSESS-
 MENTS  AS PRESCRIBED BY 6 NYCRR PART 617, AND PARAGRAPH B OF SUBDIVISION
 ONE AND PARAGRAPH M OF SUBDIVISION TWO OF  SECTION  3-0301  AND  SECTION
 8-0113 OF THE ENVIRONMENTAL CONSERVATION LAW.
   H.  PROVISIONS  FOR  CURRENT  TRAILS AND TRAILS PENDING APPROVAL ON OR
 BEFORE THE EFFECTIVE DATE OF THIS ARTICLE ARE  PRESERVED  IN  PERPETUITY
 AND  NOTHING  SHALL  RESTRICT THE USE OF COMMISSIONER POLICY THREE (CP3)
 PERMITS ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON  THESE
 TRAILS.
   I. PROVISIONS PROHIBITING THE USE OF ATVS ON STATE OWNED LANDS CLASSI-
 FIED  AS  THE  FOLLOWING: ALBANY PINE BUSH, LONG ISLAND PINE BARRENS, OR
 LAND OR WATER CLASSIFIED AS PRIMITIVE OR CANOE PURSUANT  TO  THE  MASTER
 PLAN FOR MANAGEMENT OF STATE LAND.
   2. OPERATION BY YOUTHFUL OPERATORS SHALL BE AS FOLLOWS:
   A. PERSONS BETWEEN TEN AND FOURTEEN YEARS OLD MUST HOLD A VALID SAFETY
 CERTIFICATE AND BE ACCOMPANIED BY AN ADULT.
   B.  PERSONS  BETWEEN  FIFTEEN AND EIGHTEEN YEARS OLD MUST HOLD A VALID
 SAFETY CERTIFICATE OR DRIVER'S LICENSE.

 S. 3920--A                          3

   § 3. Subdivision 1 of section 2282 of the vehicle and traffic law,  as
 amended  by  chapter  402  of  the  laws  of 1986, is amended to read as
 follows:
   1.  Except  as  hereinafter  provided, no person shall operate any ATV
 within the state ON LANDS OTHER THAN THOSE PRIVATELY OWNED  BY  THE  ATV
 OWNER  unless  such  ATV  has been registered and numbered in accordance
 with the provisions of this article, and  the  registration  number  for
 such  ATV  is  in  full force and effect and displayed as provided under
 this article and regulations promulgated thereunder.
   § 4. Paragraph (g) of subdivision 4 of section 2282 of the vehicle and
 traffic law, as amended by chapter 402 of the laws of 1986,  is  amended
 and a new paragraph (h) is added to read as follows:
   (g)  Annual fees shall not be prorated and such fees shall be applica-
 ble to a year or any portion of a year. [Notwithstanding any  inconsist-
 ent provision of this section, the difference collected between the fees
 set forth in paragraphs (a) and (b) of this subdivision in effect on and
 after  September first, two thousand nine and the fees set forth in such
 paragraphs in effect prior to such date shall be deposited to the credit
 of the dedicated highway and bridge trust fund.]
   (H) FEES COLLECTED PURSUANT TO THIS SECTION SHALL  BE  DEPOSITED  INTO
 THE ATV TRAIL FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-BB OF THE
 STATE  FINANCE  LAW, AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SUCH
 SECTION.
   § 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
 added by chapter 671 of the laws of 1985, is amended to read as follows:
   12. Out of state ATV registration. (A) The registration provisions  of
 this  article shall not apply to non-resident owners who have registered
 their ATVs in compliance with the registration and licensing laws of the
 state, province, district or country of residence, provided that the ATV
 is appropriately identified in accordance with the laws of the state  of
 residence. The provisions of this subdivision shall not apply to a resi-
 dent of another state, province, district or country which does not have
 an  ATV registration and identification law. Nothing in this subdivision
 shall be construed to authorize the operation of any ATV contrary to the
 provisions of this article.
   (B) NON-RESIDENT OWNERS WHO HAVE REGISTERED THEIR ATVS  IN  COMPLIANCE
 WITH  THE  REGISTRATION  AND LICENSING LAWS OF A JURISDICTION OUT OF THE
 STATE, OR WHO RESIDE IN A JURISDICTION WHICH DOES NOT HAVE AN ATV REGIS-
 TRATION AND IDENTIFICATION LAW, SHALL PAY AN ANNUAL FEE, EQUAL  TO  THAT
 PROVIDED  FOR  PURSUANT  TO  PARAGRAPH  (B)  OF SUBDIVISION FOUR OF THIS
 SECTION TO LAWFULLY OPERATE SUCH ATV IN THE STATE ON  LANDS  OTHER  THAN
 THOSE PRIVATELY OWNED BY THE ATV OWNER.
   §  6. Section 2404 of the vehicle and traffic law, as added by chapter
 402 of the laws of 1986, paragraph (e) of subdivision 1 and  subdivision
 3  as  amended by chapter 554 of the laws of 2005, is amended to read as
 follows:
   § 2404. Operating rules. 1. No person shall operate an ATV:
   (a) at a rate of speed greater than is reasonable  and  prudent  under
 the  conditions  and  having  regard to the actual and potential hazards
 then existing OR FASTER THAN FIFTY-FIVE MILES PER HOUR;
   (b) in a careless, reckless or negligent manner so as to  unreasonably
 endanger  the  person  or  property of another or cause injury or damage
 thereto;
   (c) on the tracks or right-of-way of an operating railroad;
   (d) in any tree nursery or  planting  in  a  manner  that  damages  or
 destroys growing stock, or creates a substantial risk thereto;

 S. 3920--A                          4
 
   (e)  while  pulling  a  person  on skis or drawing or towing a sleigh,
 sled, toboggan, inflatable device or trailer which carries or transports
 any person unless attached by a rigid support, connection or towbar;
   (f) on the frozen surface of public waters: within one hundred feet of
 any  person  other  than a person riding on an ATV except at the minimum
 speed required to maintain forward movement of the ATV, nor  within  one
 hundred  feet of a fishing shanty or shelter except at the minimum speed
 required to maintain forward movement of the ATV nor on  an  area  which
 has  been cleared of snow for skating purposes unless the area is neces-
 sary for access to the public water;
   (g) within one hundred feet of a dwelling  between  midnight  and  six
 a.m., at a speed greater than minimum required to maintain forward move-
 ment of the ATV;
   (h)  on  public  lands, other than highways, or on private property of
 another while in an intoxicated condition  or  under  the  influence  of
 narcotics or drugs;
   (I)  ON  STATE LANDS UNDER THE JURISDICTION OF THE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION AND ON CONSERVATION EASEMENTS UNDER SUCH  DEPART-
 MENT'S  JURISDICTION  OR  ON  STATE  LANDS UNDER THE JURISDICTION OF THE
 OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, EXCEPT AS SPECIF-
 ICALLY AUTHORIZED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSU-
 ANT TO SECTION 9-0303 OF  THE  ENVIRONMENTAL  CONSERVATION  LAW  AND  AS
 AUTHORIZED  BY THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
 PURSUANT TO ARTICLE TWENTY-SIX OF THE  PARKS,  RECREATION  AND  HISTORIC
 PRESERVATION LAW;
   (J) ON PRIVATE LANDS UNLESS EXPRESSLY PERMITTED; OR
   (K) WHILE FAILING OR REFUSING TO COMPLY WITH LAW ENFORCEMENT.
   2. The operator of an ATV shall:
   (a)  stop  and  yield  to  an  authorized ambulance, civil defense, or
 police ATV or police vehicle being operated as an emergency vehicle  and
 approaching from any direction;
   (b) comply with any lawful order or direction of any police officer or
 other person duly empowered to enforce the laws relating to ATVs;
   (C) KEEP THE ATV LIGHTS ON BETWEEN SUNSET AND SUNRISE;
   (D) WEAR A HELMET;
   (E)  COMPLY  WITH  THE  RULES OF THE ROAD INCLUDING BUT NOT LIMITED TO
 ADHERENCE TO SIGNAGE, POSTED SPEED LIMITS, TRAVELING ON THE  RIGHT  EDGE
 OF THE PAVED/ROAD SURFACE AND RIDING SINGLE FILE.
   3. [No person shall ride on or in a sleigh, sled, toboggan, inflatable
 device  or  trailer  which  is  being  towed or trailed by an ATV unless
 attached by a rigid support, connection or towbar.
   4. A person operating an ATV shall ride only upon  the  permanent  and
 regular  seat  attached  thereto,  and such operator shall not carry any
 other person nor shall any other person ride on an ATV unless  such  ATV
 is  designed  to  carry more than one person, in which event a passenger
 may ride upon the  permanent  and  regular  seat  if  designed  for  two
 persons,  or upon another seat firmly attached to the ATV at the rear or
 side of the operator.
   5.] For the purposes of title seven of this chapter, an ATV shall be a
 motor vehicle and the provisions of such title shall  be  applicable  to
 ATVs.
   [6.]  4.  Local laws and ordinances. Nothing contained in this article
 shall be deemed to limit the  authority  of  a  county,  city,  town  or
 village from adopting or amending a local law or ordinance which imposes
 stricter  restrictions  and conditions on the operation of ATVs than are
 provided or authorized by this section so long  as  such  local  law  or

 S. 3920--A                          5
 
 ordinance  is  consistent  with  its  authority  to  protect  the order,
 conduct, health, safety and general welfare of persons or property.
   §  7. Section 2411 of the vehicle and traffic law, as added by chapter
 402 of the laws of 1986, is amended to read as follows:
   § 2411. 1. Liability for negligence. Negligence in  the  use  [of]  OR
 operation  of  an ATV shall be attributable to the owner. Every owner of
 an ATV USED OR OPERATED IN THIS STATE ON LANDS OTHER THAN THOSE PRIVATE-
 LY OWNED BY THE ATV OWNER MUST BE INSURED. OWNERS OF ATVS used or  oper-
 ated  in  this state shall be liable and responsible for death or injury
 to [person] PERSONS or damage to property resulting from  negligence  in
 the  use  or operation of such ATV [by any person using or operating the
 same with the permission, express or implied, of such  owner,  provided,
 however,  that such operator's negligence shall not be attributed to the
 owner as to any claim or cause of action accruing to the operator or his
 legal representative for such injuries or death].
   2. DUTIES OF ATV OWNERS AND OPERATORS. IT IS RECOGNIZED  THAT  DRIVING
 AN  ATV  IS  A VOLUNTARY ACTIVITY THAT MAY BE HAZARDOUS. IT SHALL BE THE
 DUTY OF ATV OWNERS AND OPERATORS:
   (A) TO KEEP THEIR ATVS IN PROPER WORKING ORDER.
   (B) TO FOLLOW ANY AND ALL OTHER RULES OF  CONDUCT  AS  ARE  PRESCRIBED
 PURSUANT  TO SECTION 26.03 OF THE PARKS, RECREATION AND HISTORIC PRESER-
 VATION LAW.
   (C) NOT TO OPERATE AN ATV IN ANY AREA NOT DESIGNATED FOR DRIVING ATVS.
   (D) NOT TO OPERATE AN ATV BEYOND THE CONDITIONS THAT LIMIT SPEED.
   (E) TO FAMILIARIZE THEMSELVES WITH RULES OF THE TRAIL.
   (F) NOT TO LEAVE THE SCENE OF ANY ACCIDENT RESULTING IN PERSONAL INJU-
 RY OR DAMAGE TO THE PROPERTY BEYOND THE TRAIL.
   § 8. The state finance law is amended by adding a new section 99-bb to
 read as follows:
   § 99-BB. ATV TRAIL FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE  JOINT
 CUSTODY  OF THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "ATV TRAIL FUND".
   2. THE ATV TRAIL FUND SHALL CONSIST OF  MONEYS  APPROPRIATED  THERETO,
 AND  FUNDS  TRANSFERRED  FROM  ANY  OTHER  FUND  OR SOURCE INCLUDING THE
 PAYMENT OF FEES PURSUANT TO SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE
 VEHICLE AND TRAFFIC LAW.
   3. TEN PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE  AVAILABLE
 FOR  THE  ADMINISTRATIVE  COSTS  OF  ADMINISTERING SUCH FUND. FORTY-FIVE
 PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE MADE AVAILABLE  FOR
 THE  MAINTENANCE,  CONSTRUCTION  AND  DEVELOPMENT OF THE STATEWIDE TRAIL
 SYSTEM. FORTY-FIVE PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL  BE
 MADE  AVAILABLE  FOR  ENFORCING  AND  EDUCATING  THE  PUBLIC  ABOUT  THE
 PROVISIONS OF ARTICLE TWENTY-SIX OF THE PARKS, RECREATION  AND  HISTORIC
 PRESERVATION LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
 SIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION.
   § 9. Paragraph (a) of 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:
   (a) "All terrain vehicle" or "ATV" means  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.
 Provided,  however,  this definition shall not include a "snowmobile" or

 S. 3920--A                          6
 
 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.
   §  10.  The vehicle and traffic law is amended by adding a new section
 2414 to read as follows:
   § 2414. TRESPASS VIOLATION FINE. OPERATORS OF  ATVS  WHICH  HAVE  BEEN
 CITED  FOR  TRESPASS  SHALL  BE  FINED  ONE  HUNDRED DOLLARS FOR A FIRST
 VIOLATION; TWO HUNDRED DOLLARS  FOR  A  SECOND  VIOLATION  WITHIN  THREE
 HUNDRED  SIXTY-FIVE  DAYS  OF  THE  INITIAL  VIOLATION; AND FIVE HUNDRED
 DOLLARS FOR SUBSEQUENT VIOLATIONS WITHIN THREE HUNDRED  SIXTY-FIVE  DAYS
 OF  THE  INITIAL  VIOLATION. THE MONEY COLLECTED FROM THE FINES SHALL BE
 PUT INTO THE ATV TRAIL FUND ESTABLISHED BY SECTION NINETY-NINE-BB OF THE
 STATE FINANCE LAW AND SHALL BE  SPLIT  FIFTY  PERCENT  FOR  ENFORCEMENT,
 EDUCATION  AND REMEDIATION AND THE OTHER FIFTY PERCENT FOR TRAIL MAINTE-
 NANCE AND TRAIL CONSTRUCTION AND DEVELOPMENT.
   § 11. Section 1-0303 of the environmental conservation law is  amended
 by adding four new subdivisions 26, 27, 28, and 29 to read as follows:
   26. "ALL TERRAIN VEHICLE" OR "ATV" SHALL HAVE THE MEANING SET FORTH IN
 PARAGRAPH  (A)  OF SUBDIVISION ONE OF SECTION TWENTY-TWO HUNDRED EIGHTY-
 ONE OF THE VEHICLE AND TRAFFIC LAW.
   27. "CONNECTOR TRAIL" SHALL MEAN A PUBLIC HIGHWAY OR  PORTION  THEREOF
 OPEN  FOR TRAVEL BY ATVS, ANY TRAILS OR PORTIONS THEREOF; AND ANY EXIST-
 ING RAILROAD BEDS AND PRIVATE ROADS OR PORTIONS THEREOF.
   28. "PRIVATE ROAD" SHALL HAVE THE MEANING SET  FORTH  IN  SECTION  ONE
 HUNDRED THIRTY-THREE OF THE VEHICLE AND TRAFFIC LAW.
   29.  "PUBLIC  HIGHWAY" SHALL HAVE THE MEANING SET FORTH IN SECTION ONE
 HUNDRED THIRTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
   § 12. 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.  THE PUBLIC USE OF ATVS, AS DEFINED IN
 PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWENTY-TWO  HUNDRED  EIGHTY-
 ONE  OF  THE  VEHICLE  AND TRAFFIC LAW, ON STATE LANDS UNDER THE DEPART-
 MENT'S JURISDICTION AND ON CONSERVATION EASEMENTS UNDER THE DEPARTMENT'S
 JURISDICTION IS PROHIBITED EXCEPT  AS  SPECIFICALLY  AUTHORIZED  BY  THE
 DEPARTMENT  IN  CONSULTATION  WITH  THE  OFFICE OF PARKS, RECREATION AND
 HISTORIC PRESERVATION PURSUANT TO THIS SUBDIVISION.
   B. AFTER APRIL  FIRST,  TWO  THOUSAND  NINETEEN,  THE  DEPARTMENT,  IN
 CONSULTATION WITH THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION  MAY  AUTHORIZE  THE PUBLIC USE OF ATVS ON FOREST PRESERVE LANDS BY
 THE GENERAL PUBLIC BOTH INSIDE AND OUTSIDE THE BOUNDARIES OF THE ADIRON-
 DACK PARK OR CATSKILL PARK AND ON  OTHER  STATE-OWNED  LANDS  UNDER  THE
 DEPARTMENT'S JURISDICTION WHICH ARE LOCATED WITHIN THE BOUNDARIES OF THE
 ADIRONDACK PARK OR THE CATSKILL PARK FOR CONNECTOR TRAILS ONLY.
   C.  CONNECTOR  TRAILS  ON  FOREST PRESERVE LANDS INSIDE THE ADIRONDACK
 PARK BOUNDARY:
   I. SHALL FOLLOW THE  SHORTEST  REASONABLE  ROUTE  THAT  IS  REASONABLY
 PROTECTIVE OF THE ENVIRONMENT AND WILDLIFE;
   II. SHALL NOT INDIVIDUALLY EXCEED ONE AND ONE-HALF MILE IN LENGTH; AND
   III.  SHALL  NOT EXCEED A TOTAL MILEAGE OF FORTY-FIVE AND SUCH MILEAGE
 SHALL BE ADMINISTERED BY THE DEPARTMENT; PROVIDED, HOWEVER, THAT IN  THE
 EVENT  THAT  THE TOTAL AREA OF THE ADIRONDACK PARK IS EXPANDED AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION, SUCH FORTY-FIVE TOTAL MILEAGE  LIMI-
 TATION  SHALL  BE EXPANDED TO REFLECT THE RATIO THAT FORTY-FIVE MILES IS
 TO THE TOTAL ACREAGE OF SUCH PARK ON APRIL FIRST, TWO THOUSAND NINETEEN.

 S. 3920--A                          7
 
   PROVIDED, HOWEVER, CONNECTOR TRAILS IN USE PRIOR TO THE EFFECTIVE DATE
 OF THIS SUBDIVISION MAY REMAIN IN USE. CONNECTOR  TRAILS  NOT  EXCEEDING
 THE MILEAGE LIMITS ESTABLISHED BY THIS SUBDIVISION MAY BE EXTENDED.
   D.  THE  DEPARTMENT  MAY,  IN  CONSULTATION  WITH THE OFFICE OF PARKS,
 RECREATION AND HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE  OF  ATVS
 ON  PUBLIC  HIGHWAYS  ON  CONSERVATION  EASEMENTS HELD BY THE DEPARTMENT
 WHERE SUCH EASEMENTS INCLUDE THE  RIGHT  TO  ALLOW  SUCH  USE  AND  SUCH
 AUTHORIZATION  IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION ONE
 OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC  LAW  AND
 OTHER APPLICABLE LAW, AND MAY, IN CONSULTATION WITH THE OFFICE OF PARKS,
 RECREATION  AND  HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF ATVS
 ON ATV TRAILS AND PRIVATE ROADS ON CONSERVATION EASEMENTS  HELD  BY  THE
 DEPARTMENT  WHERE SUCH EASEMENTS INCLUDE THE RIGHT TO ALLOW SUCH USE AND
 SUCH AUTHORIZATION IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION
 TWO OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND  TRAFFIC  LAW
 AND OTHER APPLICABLE LAW.
   E.  ON STATE LANDS UNDER THE JURISDICTION OF THE DEPARTMENT OTHER THAN
 THOSE DESCRIBED IN PARAGRAPHS A AND B OF THIS SUBDIVISION,  THE  DEPART-
 MENT  MAY,  IN  CONSULTATION  WITH  THE  OFFICE OF PARKS, RECREATION AND
 HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF  ATVS  IN  COMPLIANCE
 WITH THE REQUIREMENTS OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE
 AND TRAFFIC LAW AND OTHER APPLICABLE LAW.
   F.  PERSONS  WITH  QUALIFYING  DISABILITIES TO WHOM THE DEPARTMENT HAS
 ISSUED A PERMIT AND A COMPANION MAY USE ATVS AT THE LOCATIONS AUTHORIZED
 BY SUCH PERMIT AND PURSUANT TO THE TERMS AND CONDITIONS OF SUCH  PERMIT.
 SUCH  AUTHORIZATION  SHALL COMPLY WITH THE REQUIREMENTS OF SECTION TWEN-
 TY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC LAW AND OTHER APPLICABLE
 LAW.
   G. ATVS MAY BE USED ON STATE LAND UNDER THE DEPARTMENT'S  JURISDICTION
 FOR APPROPRIATE ADMINISTRATIVE, LAW ENFORCEMENT, AND EMERGENCY PURPOSES.
   H. THE PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO LANDS WITHIN
 THE BOUNDARIES OF THE ADIRONDACK PARK AND THE CATSKILL PARK OR UNDER THE
 JURISDICTION  OF THE DEPARTMENT ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 NINETEEN.
   § 13. This act shall take effect immediately.