NY State Senate Bill 2019-S1384

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to cultural affairs, tourism, parks and recreation
Jan 14, 2019	referred to cultural affairs, tourism, parks and recreation

co-Sponsors

2019-S1384 (ACTIVE) - Details

Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add Title D Art 26 §§26.01 & 26.03, Pks & Rec L; amd §§2282, 2404, 2411 & 2281, add §2414 V & T L; add §99-ff, St Fin L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5821
2017-2018: S3838
2021-2022: S2707

2019-S1384 (ACTIVE) - Summary

Relates to the creation of an ATV trail fund.

2019-S1384 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1384

SPONSOR: RITCHIE
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, the
vehicle and traffic law and the state finance law, in relation to the
creation of an ATV trail fund

 
PURPOSE:

To create a statewide ATV trail system and trail fund.

 
SUMMARY OF PROVISIONS:

Section 1 provides the legislative intent and purpose.

Section 2 amends the environmental conservation law by adding a new
title 26 establishing the All-Terrain Vehicle Trail Fund. This section
sets forth the trail plan the rules and regulations of the trail plan.

Section 3 amends § 2282 of the vehicle and traffic law to provide that
registration of an ATV is required only for ATVs operated on lands other
than those private owned by the ATV owner.

Section 4 amends § 2282(4) of the vehicle and traffic law to provide
that fees collected pursuant to this section shall be deposited into the
ATV fund established pursuant to § 99-aa of the state finance law, and
used only for those purposes enumerated in that section.

Section 5 amends § 2282(12) of the vehicle and traffic law to provide
that non-resident owners must pay an annual registration fee for ATVs
operated on lands other than those privately owned by the ATV owner.

Section 6 amends § 2404 of the vehicle and traffic law to provide that
no person shall operate an ATV 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; nor on state lands under the jurisdiction of the depart-
ment of environmental conservation and on conservation easements under
such department's jurisdiction or on state lands under the jurisdiction
of the office of parks, recreation, and historic preservation, except as
specifically authorized by the department of environmental conservation
pursuant to § 9-0303 of the environmental conservation law and as
authorized by the office of parks, recreation, and historic preservation
pursuant to article 26 of the parks, recreation, and historic preserva-
tion law; nor on private lands unless expressly permitted; nor while
failing or refusing to comply with law enforcement. This section also
provides than an operator of an ATV shall keep the ATV lights on between
sunset and sunrise, wear a helmet, and comply with the rules of road.

Section 7 amends § 2411 of the vehicle and traffic law to provide that
an owner of an ATV must insure the ATV if the ATV is operated in this
state on lands other than those privately owned by the ATV owner.  This
section also provides the duties of ATV owners and operators.

Section 8 amends the state finance law by adding a new section 99-aa
establishing the ATV trail fund. The trail fund is established in the
joint custody of the commissioner of parks, recreation and historic
preservation and the comptroller consisting of moneys appropriated ther-
eto and the payment of fees pursuant to § 2282 of the vehicle and traf-
fic law. This section also provides that 10% of the monies in the ATV
trail fund shall be made available for the administrative costs of
administering such fund, forty five percent of all monies in the ATV
trail fund shall be made available for the maintenance, construction and
development of the statewide trail system, and 45% of all moneys in the
ATV trail fund shall be made available for enforcing and educating the
public about the provisions of Article 26 of the parks, recreation, and
historic preservation law.

Section 9 amends § 2281 of the vehicle and traffic law to define "all
terrain vehicle" or "ATV" as any self propelled vehicle which is manu-
factured 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 eight hundred pounds dry weight.

Section 10 amends the vehicle and traffic law by adding a new section
2414 creating ATV trespass violation fines. The money collected from the
fines shall be put into the ATV Trail Fund established by § 99-aa of the
state finance law and shall be split 50% for enforcement, education and
remediation, and 50% for trail maintenance, construction, and develop-
ment.

Section 11 amends § 1-0303 of the environmental conservation law by
adding four new subdivisions providing, "all terrain vehicles" or "ATVs"
shall have the same meaning set forth in § 2281(1) of the vehicle and
traffic law; "connector trail," shall mean a public highway or portion
thereof as open for travel by ATVs; "private road," shall have the mean-
ing set forth in § 133 of the vehicle and traffic law; "public highway,"
shall have the meaning set forth in § 134 of the vehicle and traffic law

Section 12 amends § 9-0303 of the environmental conservation law by
adding a new subdivision providing, the public use of ATVs on state
lands under the department'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. This section also provides that
after April 1, 2016 the department, in consultation with the office of
parks, recreation, and historic preservation may authorize the public
use of ATVs on forest preserve lands by the general public both inside
and outside the boundaries of the Adirondack Park or Catskill Park, and
on other state-owned lands under the department's jurisdiction which are
located within the boundaries of the Adirondack or Catskill parks for
connector trails only on public highways or portions thereof incompli-
ance with § 2405(1) of the vehicle and traffic law and other applicable
law. Connector trails on forest preserve lands inside the Adirondack
park boundary must (i) follow the shortest reasonable route that is
reasonably proactive of the environment and wildlife, (ii) not individ-
ually exceed 1.5 mile in length, and (iii) not exceed a total mileage of
45, provided that such mileage shall be administered by the department
and such 45 total mileage limitation shall be expanded to reflect the
ratio that 46 miles is to the total acreage of such park on April 1,
2016. The department may authorize public use of ATVs on state lands
under the jurisdiction of the department, on public highways, and on
conservation easements held by the department where such easement
include the right to allow such use, provided that such authorization is
in compliance with the requirements of § 2405 of the vehicle and traffic
law. Persons with qualifying disabilities who have obtained an appropri-
ate permit may use ATVs at the locations authorized by such permit,
provided such authorization is in compliance with the requirements of §
2405 of the vehicle and traffic law. ATVs are authorized on state land
under the department's jurisdiction for appropriate administrative, law
enforcement, and emergency purposes.  The provisions of this new subdi-
vision apply only to lands within the boundaries of the Adirondack Park
and Catskill Park under the jurisdiction of the department on or before
January 1, 2017.

Section 13 provides the effective date.

 
EXISTING LAW:

§ 2281 of the Vehicle and Traffic Law defines all terrain vehicles or
ATVs as 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 pounds
dry weight. This bill increases the weight limit to one thousand eight
hundred pounds dry weight.

§ 2282 of the Vehicle and Traffic Law describes the registration proce-
dures of ATVs. Subdivision four of this section related to fees and
requires that annual fees be collected for individual residents, indi-
vidual nonresidents, dealers, and deal demonstrators. This section
currently provides that the fees shall be deposited to the credit of the
dedicated highway and bridge trust fund.

§ 2411 of the vehicle and traffic law provides that negligence in the
use of ATV operation is attributable to the owner and every owner of an
ATV used or operated in this state shall be liable and responsible for
death or injury to persons or property resulting from negligent use or
operation of such ATV, provided that the person operating the ATV had
permission. The operator's negligence shall not be attributed to the
owner in an cause of action accruing to the operator for such injuries
or death.

 
JUSTIFICATION:

In order to best organize and sustain an environmentally sensitive
statewide system of trails for all terrain vehicles, this legislation
creates an ATV trail plan and 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 Envi-
ronmental 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 maintenance of the fund shall be
divided between enforcement, education, and remediation, and the mainte-
nance, 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 encourag-
ing their use and development, while minimizing detrimental effects of
such use upon the environment.

 
LEGISLATIVE HISTORY:
2017-2018: S.3838/A.3182

 
FISCAL IMPLICATIONS:

Potential for increased revenue.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S1384 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1384
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sens. RITCHIE, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Cultural Affairs,
   Tourism, Parks and Recreation
 
 AN ACT to amend the parks, recreation and historic preservation law, the
   vehicle and traffic law and the state finance law, in relation to  the
   creation of an ATV trail fund

   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. The title heading of title D of the parks, recreation and histor-
 ic preservation law is amended and a new article 26  is  added  to  such
 title to read as follows:
                              SNOWMOBILES AND
                           ALL-TERRAIN VEHICLES
                                ARTICLE 26
                      ALL-TERRAIN VEHICLE TRAIL FUND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04392-01-9

 S. 1384                             2
 
 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  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.
   §  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

 S. 1384                             3

 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.  The  closing  paragraph  of  paragraph  (g) of subdivision 4 of
 section 2282 of the vehicle and traffic law is REPEALED and a new  para-
 graph (h) is added to read as follows:
   (H)  FEES  COLLECTED  PURSUANT TO THIS SECTION SHALL BE DEPOSITED INTO
 THE ATV TRAIL FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-FF 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;
   (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;

 S. 1384                             4
 
   (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 PRIVATE LANDS UNLESS EXPRESSLY PERMITTED; OR
   (J) 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
 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.

 S. 1384                             5
 
   (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-ff to
 read as follows:
   §  99-FF.  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. MONEYS 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  EIGHT  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.
   § 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-FF 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. This act shall take effect immediately.

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Senate Bill S1384

Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

co-Sponsors

2019-S1384 (ACTIVE) - Details

2019-S1384 (ACTIVE) - Summary

2019-S1384 (ACTIVE) - Sponsor Memo

2019-S1384 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1384

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Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

co-Sponsors

Fred Akshar

2019-S1384 (ACTIVE) - Details

2019-S1384 (ACTIVE) - Summary

2019-S1384 (ACTIVE) - Sponsor Memo

2019-S1384 (ACTIVE) - Bill Text download pdf

Comments