Senate Bill S7024

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7024
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law and the vehicle and  traffic  law,
   in relation to the weight limit for all terrain vehicles and fee sche-
   dule for all terrain vehicle registration

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 95-e of the state finance law,  as
 amended  by  section  7 of part AA of chapter 56 of the laws of 2020, is
 amended to read as follows:
   2. Such fund shall consist of all revenues received  pursuant  to  the
 provisions  of  section  four  hundred four-v of the vehicle and traffic
 law, as added by chapter three hundred one of the laws of  two  thousand
 four,  all revenues received pursuant to section six hundred thirty-d of
 the tax law, CERTAIN REVENUES RECEIVED PURSUANT TO SUBDIVISION  FOUR  OF
 SECTION  TWO  THOUSAND EIGHTY-TWO OF THE VEHICLE AND TRAFFIC LAW and all
 other moneys appropriated, credited, or  transferred  thereto  from  any
 other  fund or source pursuant to law. Nothing contained in this section
 shall prevent the state from receiving grants, gifts or bequests for the
 purposes of the fund as defined in this section and depositing them into
 the fund according to law.
   § 2. 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]  TWO thousand pounds dry weight. Provided,
 however, this definition shall not include a "snowmobile" or other self-
 propelled vehicles manufactured 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.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11351-02-3
 S. 7024                             2
 
   § 3. Subdivision 4 of section 2282 of the vehicle and traffic law,  as
 amended  by  chapter  402 of the laws of 1986, paragraphs (a) and (b) as
 amended and the closing paragraph as added by section 4  of  part  G  of
 chapter 59 of the laws of 2009, is amended to read as follows:
   4.  Fees. Fees for registration of ATVs to be collected by the commis-
 sioner under this article are as follows.
   (a) (I) ONE THOUSAND POUNDS DRY WEIGHT OR LESS:
   1. An annual fee of [twelve] FIFTEEN dollars  [and  fifty  cents]  for
 each individual resident registration.
   [(b)]  2.  An  annual fee of [twelve] NINETEEN dollars and fifty cents
 for each individual nonresident registration.
   (II) ONE THOUSAND ONE POUNDS DRY WEIGHT TO ONE THOUSAND  FIVE  HUNDRED
 POUNDS DRY WEIGHT:
   1.  AN ANNUAL FEE OF FORTY DOLLARS FOR EACH INDIVIDUAL RESIDENT REGIS-
 TRATION.
   2. AN ANNUAL FEE OF FIFTY-TWO DOLLARS FOR EACH INDIVIDUAL  NONRESIDENT
 REGISTRATION.
   (III)  ONE THOUSAND FIVE HUNDRED ONE POUNDS DRY WEIGHT TO TWO THOUSAND
 POUNDS DRY WEIGHT:
   1. AN ANNUAL FEE OF SIXTY DOLLARS FOR EACH INDIVIDUAL RESIDENT  REGIS-
 TRATION.
   2. AN ANNUAL FEE OF SEVENTY-EIGHT DOLLARS FOR EACH INDIVIDUAL NONRESI-
 DENT REGISTRATION.
   [(c)]  (B) An annual fee of twenty-five dollars for each dealer regis-
 tration.
   [(d)] (C) An annual fee of five dollars  for  each  additional  dealer
 demonstrator registration number.
   [(e)]  (D) A fee of three dollars for replacement of a lost, mutilated
 or destroyed certificate.
   [(f)] (E) Provided, however, that the provisions of paragraphs (B) AND
 (c) [and (d)] of this subdivision with respect to the payment of  dealer
 registration  fees  shall  not  apply  to dealers registered pursuant to
 section four hundred fifteen of this chapter.
   [(g)] (F) Annual fees shall not be prorated and  such  fees  shall  be
 applicable to a year or any portion of a year.
   Notwithstanding  any  inconsistent  provision  of  this  section,  the
 difference collected between the fees set forth in THE FORMER paragraphs
 (a) and (b) of this subdivision in effect on and after September  first,
 two  thousand  nine  and the fees set forth in such FORMER paragraphs in
 effect prior to such date shall be deposited to the credit of the  dedi-
 cated highway and bridge trust fund.
   NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION  OF  THIS  SECTION,  THE
 DIFFERENCE COLLECTED BETWEEN THE FEES SET FORTH IN SUBPARAGRAPH  (I)  OF
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IN  EFFECT ON AND AFTER SEPTEMBER
 FIRST, TWO THOUSAND TWENTY-FOUR AND THE FEES SET  FORTH  IN  THE  FORMER
 PARAGRAPHS  (A) AND (B) OF THIS SUBDIVISION IN EFFECT PRIOR TO THE CHAP-
 TER OF THE LAWS OF TWO THOUSAND TWENTY-THREE WHICH AMENDED THIS SUBDIVI-
 SION SHALL BE DEPOSITED TO THE CREDIT  OF  THE  NEW  YORK  STATE  AUTISM
 AWARENESS AND RESEARCH FUND; PROVIDED, FURTHER, THAT THE TOTAL COLLECTED
 FROM THE FEES SET FORTH IN SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH (A)
 OF  THIS  SUBDIVISION  SHALL  BE DEPOSITED TO THE CREDIT OF THE NEW YORK
 STATE AUTISM AWARENESS AND RESEARCH FUND.
   § 4. This act shall take effect September 1, 2024; provided,  however,
 that  section  three  of this act shall apply to registrations issued or
 renewed on and after such effective date.