S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    218
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M. of A. MAGNARELLI, WOERNER, JONES, STIRPE, BUTTENSCHON
   -- read once and referred to the Committee on Tourism, Parks, Arts and
   Sports Development
 
 AN ACT to amend the vehicle and traffic law and  the  parks,  recreation
   and  historic  preservation  law,  in  relation to fees for snowmobile
   trail development and maintenance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4-a of section 2222 of the vehicle and traffic
 law, as amended by chapter 609 of the laws of 2005, is amended  to  read
 as follows:
   4-a.  Additional  fee.   In addition to the other fees provided for in
 paragraphs (a), (b) and (c) of subdivision  four  of  this  section  the
 commissioner  shall, upon application in such cases for the registration
 of a snowmobile or the renewal thereof, collect the annual [ninety]  ONE
 HUNDRED  TWENTY-FIVE  dollar  fee for residents and [ninety] ONE HUNDRED
 TWENTY-FIVE dollar fee for nonresidents and a  [thirty-five]  FIFTY-FIVE
 dollar  fee  for  residents  and [thirty-five] FIFTY-FIVE dollar fee for
 nonresidents who provide proof, at the time of registration,  that  such
 individual  is  a  member of an organized New York state snowmobile club
 that is a member of the New York state snowmobile association  or  is  a
 member  of  an  organized New York state snowmobile club that is a trail
 maintenance entity and a member of the New York state snowmobile associ-
 ation which are imposed by section 21.07 of the  parks,  recreation  and
 historic preservation law. In the event that an individual seeking snow-
 mobile  club  membership  is unable, for any reason, to secure such club
 membership, he or she may contact the New York state snowmobile  associ-
 ation,  who shall secure such membership for such person. This fee shall
 also be collected from dealers at the time of original registration  and
 at  the  time  of  each renewal. The commissioner shall effectuate regu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00328-01-3
 A. 218                              2
 
 lations regarding what is required as proof of membership in  an  organ-
 ized  New  York state snowmobile club that is a trail maintenance entity
 and a member of the  New  York  state  snowmobile  association  for  the
 purposes of this subdivision.
   §  2. Section 21.07 of the parks, recreation and historic preservation
 law, as amended by chapter 609 of the laws of 2005, is amended  to  read
 as follows:
   §  21.07  Fee  for snowmobile trail development and maintenance.  1. A
 fee of [ninety] ONE HUNDRED TWENTY-FIVE dollars is hereby  imposed  upon
 the  resident,  and  [ninety]  ONE  HUNDRED TWENTY-FIVE dollars upon the
 nonresident, owner of a snowmobile for the snowmobile trail  development
 and  maintenance  fund  to be paid to the commissioner of motor vehicles
 upon the registration  thereof  in  addition  to  the  registration  fee
 required by the vehicle and traffic law, the payment of which fee hereby
 imposed  shall  be  a  condition  precedent to such individual resident,
 individual nonresident or dealer registration.
   2. Notwithstanding the fee as established in subdivision one  of  this
 section,  an individual resident or nonresident registering a snowmobile
 who provides proof at the time of registration, that such individual  is
 a member of an organized New York state snowmobile club that is a member
 of the New York state snowmobile association or is a member of an organ-
 ized  New  York state snowmobile club that is a trail maintenance entity
 and a member of the New York state  snowmobile  association,  shall  pay
 [thirty-five]  FIFTY-FIVE dollars for each snowmobile for the snowmobile
 trail development and maintenance fund in addition to  the  registration
 required by the vehicle and traffic law. In the event that an individual
 seeking  snowmobile club membership is unable, for any reason, to secure
 such club membership, he or she may contact the New York  state  snowmo-
 bile association, who shall secure such membership for such person.
   §  3.  Subdivisions  3 and 5 of section 27.17 of the parks, recreation
 and historic preservation law, subdivision 3 as amended by section 2  of
 part G of chapter 82 of the laws of 2002 and subdivision 5 as amended by
 chapter 88 of the laws of 1988, are amended to read as follows:
   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 snowmobile trails and a program with relation
 thereto within its boundaries. Such grants shall be made by the  commis-
 sioner  and may constitute up to one hundred percent of the cost of such
 program including expenditures incurred for signs and markers of snowmo-
 bile trails. Any county or, where applicable, any city, town or  village
 within  such county, applying for such grant shall submit to the commis-
 sioner by September first of each year an [estimate of such expenditures
 for the current fiscal year,] APPLICATION in such  form  and  containing
 such  information  as  the  commissioner  may  require. No city, town or
 village may apply for such grant where the county  within  which  it  is
 contained has submitted an application 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 applicable, 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 eligi-
 ble to receive, seventy percent shall be made available for distribution
 by November first and thirty percent for distribution upon demonstration
 A. 218                              3
 
 of  completion,  submitted by June first[, of the program] FOLLOWING THE
 PROJECT YEAR, OR SUCH DATE AS CONTAINED IN THE APPLICATION.
   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 snowmobile trail development and  main-
 tenance  fund  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 authorized expenditures of each individual  county  or,  where
 applicable,  any  city, town or village within such county shall bear to
 the total authorized expenditures of all the counties, cities, towns  or
 villages  for  snowmobile  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 21.07 of this chapter for registration of snowmobiles  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.]  THE  COMMIS-
 SIONER  SHALL  ESTIMATE  AN  AMOUNT THAT IS AVAILABLE FOR STATE AID, AND
 SHALL DEFINE AND ESTABLISH A BASE RATE PER MILE OF  TRAIL,  WHICH  SHALL
 CONSTITUTE  THE BASE GRANT TO EACH LOCAL SPONSOR.    FOR THE PURPOSES OF
 THIS SECTION, LOCAL SPONSOR SHALL MEAN A COUNTY ENGAGING  AND  ASSISTING
 IN  THE DEVELOPMENT AND MAINTENANCE OF A SYSTEM OF SNOWMOBILE TRAILS AND
 A PROGRAM WITH RELATION THERETO WITHIN ITS BOUNDARIES TO ENCOURAGE SAFE-
 TY, TOURISM AND UTILIZATION, OR 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. SUCH STATE AID SHALL BE PROVIDED
 AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION. THE COMMISSIONER  SHALL
 PAY  OVER TO THE MUNICIPAL SPONSOR THE THIRTY PERCENT OF THE OUTSTANDING
 BASE GRANT UPON COMPLETION OF THE PROJECT. THE COMMISSIONER, IN  CONSUL-
 TATION  WITH  THE  DIVISION OF BUDGET, MAY PAY EXPENSES IN EXCESS OF THE
 BASE GRANT WHEN THE MUNICIPAL  SPONSOR  CAN  DEMONSTRATE  THAT  APPROVED
 EXPENSES  EXCEEDED  AMOUNTS  PROVIDED  FOR IN THE COMBINED PAYMENTS, AND
 ADDITIONAL FUNDS ARE AVAILABLE FROM THE SNOWMOBILE TRAIL DEVELOPMENT AND
 MAINTENANCE FUND. THE COMMISSIONER SHALL CALCULATE ALL EXPENSES  SUBMIT-
 TED  IN  EXCESS OF THE BASE GRANT AND MAY DISTRIBUTE ADDITIONAL AID ON A
 PRORATED BASIS TO SUPPORT SUCH EXPENSES.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.