S T A T E O F N E W Y O R K
________________________________________________________________________
11097
I N A S S E M B L Y
April 24, 2026
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Introduced by M. of A. GRAY -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law and the environmental
conservation law, in relation to permitting certified handicapped
individuals and senior citizens to use all-terrain vehicles on state
land for hunting purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 2403 of the vehicle and traffic
law, as added by chapter 402 of the laws of 1986, is amended to read as
follows:
2. Public lands other than highways. No person, EXCEPT (A) PERSONS
THAT ARE CERTIFIED HANDICAPPED INDIVIDUALS, OR (B) PERSONS WHO HAVE
ATTAINED THE AGE OF SEVENTY AND HOLD A VALID SENIOR GAME RECOVERY PERMIT
ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, shall operate an
ATV on any public lands, waters and property other than a highway,
except that an ATV may be operated on any such lands which have been
designated and posted for travel by ATVs in accordance with the
provisions of section twenty-four hundred five of this article. PERSONS
CERTIFIED AS HANDICAPPED INDIVIDUALS MAY UTILIZE AN ATV TO ENTER AND
EXIT PUBLIC LANDS FOR THE PURPOSE OF HUNTING, WHEREBY SUCH INDIVIDUAL
MAY BE THE OPERATOR OR A PASSENGER OF SUCH VEHICLE. PERSONS WHO HAVE
ATTAINED THE AGE OF SEVENTY AND HOLD A SENIOR GAME RECOVERY PERMIT MAY
OPERATE AN ATV ON PUBLIC LANDS DURING AN OPEN BIG GAME HUNTING SEASON,
FOR THE SOLE PURPOSE OF RETRIEVING A LAWFULLY TAKEN BIG GAME ANIMAL,
WHEREBY SUCH SENIOR PERMITTEE MAY BE THE OPERATOR OR A PASSENGER OF THE
ATV FOR SUCH RETRIEVAL PURPOSE.
§ 2. The environmental conservation law is amended by adding a new
section 11-0936 to read as follows:
§ 11-0936. SENIOR GAME RECOVERY PERMIT FOR ALL-TERRAIN VEHICLE USE.
1. THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO ESTABLISH A SENIOR
GAME RECOVERY PERMIT PROGRAM, ALLOWING LIMITED ALL-TERRAIN VEHICLE USE
ON STATE-OWNED LANDS FOR THE PURPOSE OF RETRIEVING BIG GAME BY SENIOR
HUNTERS. A PERSON WHO HAS ATTAINED THE AGE OF SEVENTY YEARS MAY APPLY TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14284-01-5
A. 11097 2
THE DEPARTMENT FOR A SENIOR GAME RECOVERY PERMIT. THE APPLICANT SHALL BE
A NEW YORK STATE RESIDENT AND SHALL MEET ANY ADDITIONAL CRITERIA SET BY
THE DEPARTMENT PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
2. NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER, THE RULES AND REGU-
LATIONS OF THE DEPARTMENT, OR ANY OTHER LAW TO THE CONTRARY, A HOLDER OF
A VALID SENIOR GAME RECOVERY PERMIT MAY OPERATE OR HAVE OPERATED AN
ALL-TERRAIN VEHICLE FOR THE SOLE PURPOSE OF RETRIEVING LAWFULLY TAKEN
BIG GAME ANIMALS, AS DEFINED IN SECTION 11-0103 OF THIS ARTICLE, FROM
LANDS UNDER THE JURISDICTION OF THE DEPARTMENT, SUBJECT TO THE FOLLOWING
PROVISIONS:
A. SUCH OPERATION OF AN ALL-TERRAIN VEHICLE SHALL ONLY BE PERMITTED
DURING AN OPEN BIG GAME HUNTING SEASON AND ONLY IN AN AREA WHERE THE
PERMITTEE IS LAWFULLY ENGAGED IN BIG GAME HUNTING;
B. THE PERMITTEE SHALL CARRY THE PERMIT ON THEIR PERSON AT ALL TIMES
DURING ANY ALL-TERRAIN VEHICLE OPERATION AUTHORIZED BY THIS SECTION AND
SHALL PRODUCE IT UPON REQUEST BY AN ENFORCEMENT OFFICER;
C. ANY ALL-TERRAIN VEHICLE USE PURSUANT TO THE PERMIT IS DONE IN
COMPLIANCE WITH DEPARTMENT REGULATIONS AND GUIDELINES AIMED AT MINIMIZ-
ING ENVIRONMENTAL IMPACT, INCLUDING BUT NOT LIMITED TO RESTRICTIONS ON
THE SPECIFIC TRAILS OR ROUTES THAT MAY BE USED FOR RETRIEVAL, TIME-OF-
DAY LIMITATIONS, OR REQUIREMENTS TO OBTAIN SITE-SPECIFIC AUTHORIZATION
FROM A FOREST RANGER OR LAND MANAGER IF DEEMED NECESSARY;
D. NO FIREARMS OR CROSSBOWS ON OR WITHIN THE ALL-TERRAIN VEHICLE SHALL
BE LOADED OR COCKED DURING THE RETRIEVAL PROCESS, CONSISTENT WITH THE
PROVISIONS OF SECTION 11-0931 OF THIS TITLE, UNLESS THE PERMITTEE
POSSESSES A SEPARATE VALID NON-AMBULATORY HUNTER PERMIT ISSUED PURSUANT
TO SECTION 11-0931 OF THIS TITLE ALLOWING SUCH POSSESSION;
E. THE ALL-TERRAIN VEHICLE OPERATED PURSUANT TO THE PERMIT SHALL BE
DULY REGISTERED AND IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE FORTY-
EIGHT-C OF THE VEHICLE AND TRAFFIC LAW, UNLESS SUCH ALL-TERRAIN VEHICLE
QUALIFIES AS EXEMPT FROM REGISTRATION UNDER SUCH ARTICLE, AND THE OPERA-
TOR OF SUCH ALL-TERRAIN VEHICLE SHALL HOLD A VALID DRIVER'S LICENSE OR
ALL-TERRAIN VEHICLE SAFETY CERTIFICATE IF REQUIRED BY LAW; AND
F. THE PERMITTEE SHALL ADHERE TO ANY OTHER CONDITIONS THE DEPARTMENT
MAY REQUIRE AS PART OF THE PERMIT.
3. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO IMPLEMENT
THE PROVISIONS OF THIS SECTION. SUCH RULES MAY INCLUDE, BUT SHALL NOT BE
LIMITED TO, THE APPLICATION PROCESS AND DOCUMENTATION REQUIRED, SUCH AS
PROOF OF AGE AND RESIDENCY, OR A PHYSICIAN'S STATEMENT ATTESTING TO ANY
MOBILITY IMPAIRMENT IF THE DEPARTMENT DEEMS IT APPROPRIATE TO REQUIRE
SUCH DOCUMENTATION, AND THE DURATION AND RENEWAL OF PERMITS, REVOCATION
OF PERMITS FOR MISUSE, AND SPECIFIC LIMITATIONS ON ALL-TERRAIN VEHICLE
USE FOR GAME RETRIEVAL ON DIFFERENT CATEGORIES OF STATE LANDS. IN DEVEL-
OPING SUCH RULES, THE DEPARTMENT SHALL CONSIDER BOTH THE NEEDS OF SENIOR
HUNTERS FOR REASONABLE ACCESS AND THE POTENTIAL IMPACTS ON NATURAL
RESOURCES, AND SHALL CONSULT WITH STAKEHOLDER GROUPS AS APPROPRIATE.
4. A SENIOR GAME RECOVERY PERMIT SHALL NOT BE TRANSFERABLE AND MAY BE
USED ONLY BY THE INDIVIDUAL TO WHOM IT WAS ISSUED. THE PERMITTEE MAY BE
ACCOMPANIED BY A HELPER TO ASSIST IN OPERATING THE ALL-TERRAIN VEHICLE
OR LOADING THE GAME, AND SUCH HELPER SHALL BE AUTHORIZED TO OPERATE THE
ALL-TERRAIN VEHICLE IN THE PRESENCE OF THE PERMITTEE FOR THE RETRIEVAL
PURPOSE.
5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE RECREATION-
AL ALL-TERRAIN VEHICLE RIDING ON STATE LANDS OR ANY USE OF AN ALL-TER-
RAIN VEHICLE CONTRARY TO OTHER PROVISIONS OF LAW, EXCEPT AS EXPLICITLY
ALLOWED HEREIN FOR BIG GAME RETRIEVAL. ALL USE OF ALL-TERRAIN VEHICLES
A. 11097 3
UNDER THE SENIOR GAME RECOVERY PERMIT PROGRAM SHALL BE CONDUCTED IN A
MANNER THAT PRESERVES PUBLIC SAFETY AND THE INTEGRITY OF STATE LANDS.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment, and/or repeal of any rule or regulation necessary for the imple-
mentation of this act on its effective date are authorized and directed
to be made and completed by the department of environmental conservation
on or before such effective date.