Senate Bill S5836

2019-2020 Legislative Session

Prohibits the operation of all-terrain vehicles in the state forest preserve, Long Island central pine barrens area and Albany pine bush preserve

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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2019-S5836 (ACTIVE) - Details

See Assembly Version of this Bill:
A7537
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§9-0303, 46-0111 & 57-0121, add §71-0717, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2156
2011-2012: A3818
2013-2014: S5105, A2481
2015-2016: S4718, A1631
2017-2018: S4600, A6002

2019-S5836 (ACTIVE) - Summary

Prohibits the operation of all-terrain vehicles by the general public in the state forest preserve, Long Island central pine barrens area and Albany pine bush preserve; grants exceptions for the disabled, official purposes and law enforcement; provides for the impoundment of all-terrain vehicles operated in violation of such provisions and the imposition of a $100 surcharge upon the owner thereof; provides for the deposit of such surcharges into a separate all-terrain vehicle enforcement fund.

2019-S5836 (ACTIVE) - Sponsor Memo

2019-S5836 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5836
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting   the  use  of  all-terrain  vehicles  within  the  forest
   preserve, the Long Island central pine barrens  and  the  Albany  pine
   bush  preserve,  and providing penalties for violations of all-terrain
   vehicle laws in such sensitive areas
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  9-0303  of the environmental conservation law is
 amended by adding a new subdivision 8 to read as follows:
   8. ALL-TERRAIN VEHICLES. A. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I) "ALL-TERRAIN VEHICLE" SHALL MEAN A MOTOR VEHICLE WHICH IS MANUFAC-
 TURED FOR OPERATION PRIMARILY FOR OFF-HIGHWAY USE OR OFF-HIGHWAY  COMPE-
 TITIONS  AND  ONLY  INCIDENTALLY  OPERATED ON PUBLIC HIGHWAYS; PROVIDED,
 HOWEVER, SUCH TERM SHALL NOT INCLUDE A SNOWMOBILE.
   (II) "SNOWMOBILE" SHALL MEAN A MOTOR VEHICLE DESIGNED  FOR  TRAVEL  ON
 SNOW OR ICE BY MEANS OF A COMBINATION OF TRACKS AND A SKI OR SKIS.
   B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE
 OF ALL-TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE FOREST PRESERVE
 IS PROHIBITED.
   C.  A  QUALIFIED  PERSON  WITH A DISABILITY TO WHOM THE DEPARTMENT HAS
 ISSUED A NONTRANSFERABLE  TEMPORARY  REVOCABLE  PERMIT  PROVIDING  MOTOR
 VEHICLE  ACCESS  TO  CERTAIN  STATE  LANDS UNDER THE JURISDICTION OF THE
 DEPARTMENT MAY USE AN ALL-TERRAIN VEHICLE  PURSUANT  TO  THE  TERMS  AND
 CONDITIONS OF SUCH PERMIT.
   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.
 
              

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