Bill Text: NY A02498 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to the creation of an ATV recreation fund and the use of ATVs.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced) 2024-05-08 - print number 2498a [A02498 Detail]
Download: New_York-2023-A02498-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2498--A 2023-2024 Regular Sessions IN ASSEMBLY January 26, 2023 ___________ Introduced by M. of A. JONES, BLANKENBUSH, MORINELLO, BARCLAY, MANKTE- LOW, BUTTENSCHON -- Multi-Sponsored by -- M. of A. J. M. GIGLIO -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development -- recommitted to the Committee on Tourism, Parks, Arts and Sports Development in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the parks, recreation and historic preservation law, the vehicle and traffic law, the state finance law and the environmental conservation law, in relation to the creation of an ATV recreation fund and the use of ATVs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent and purpose. In order to best organize 2 and sustain an environmentally sustainable statewide system of trails 3 for all terrain vehicles, the legislature hereby creates an ATV recre- 4 ation fund. The control and supervision of the recreation fund shall be 5 maintained by the office of parks, recreation and historic preservation 6 upon consultation with the department of environmental conservation. The 7 recreation fund is created for the purpose of designating state, munici- 8 pal and private lands as part of a statewide network of ATV trails. Fees 9 obtained by the office of parks, recreation and historic preservation 10 for the maintenance of the recreation fund shall be divided between 11 administration, enforcement, and a motorized access program for people 12 with disabilities. It is the purpose of this act to promote the safe 13 and proper use of all terrain vehicles for recreation and commerce in 14 this state by encouraging their use and development, while minimizing 15 detrimental effects of such use upon the environment and also promoting 16 access to all regardless of ability. 17 § 2. Title D of the parks, recreation and historic preservation law is 18 amended by adding a new article 26 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03931-03-4A. 2498--A 2 1 ARTICLE 26 2 ALL-TERRAIN VEHICLE RECREATION FUND 3 Section 26.01 Rules and regulations. 4 § 26.01 Rules and regulations. The department shall promulgate regu- 5 lations for the use of ATVs with a view towards achieving maximum use of 6 ATVs and minimizing the detrimental effect thereof upon the environment. 7 Nothing in this section shall prohibit the department or the department 8 of environmental conservation pursuant to section 9-0303 of the environ- 9 mental conservation law from authorizing other ATV use on state-owned 10 lands. The commissioner shall adopt rules and regulations relating to 11 and including, but not limited to the following: 12 a. Use of ATVs insofar as fish and wildlife resources and natural 13 resources of the state. 14 b. Use of ATVs on public lands under the jurisdiction of the depart- 15 ment, providing for incorporating recreational and sportsman use into 16 UMPs developed for such lands. 17 c. Uniform signs or markers. 18 d. Requirements that new connector trails must comply with state laws 19 and regulations and, where applicable for state-owned lands, comply with 20 a unit management plan. 21 e. Provisions for current trails and trails pending approval on or 22 before the effective date of this article are preserved in perpetuity 23 and nothing shall restrict the use of commissioner policy three (CP3) 24 permits issued by the department of environmental conservation on these 25 trails. 26 § 3. Subdivision 1 of section 2282 of the vehicle and traffic law, as 27 amended by chapter 402 of the laws of 1986, is amended to read as 28 follows: 29 1. Except as hereinafter provided, no person shall operate any ATV 30 within the state on lands other than those privately owned by the ATV 31 owner unless such ATV has been registered and numbered in accordance 32 with the provisions of this article, and the registration number for 33 such ATV is in full force and effect and displayed as provided under 34 this article and regulations promulgated thereunder. 35 § 4. The closing paragraph of subdivision 4 of section 2282 of the 36 vehicle and traffic law, as added by section 4 of part G of chapter 59 37 of the laws of 2009, is amended and a new paragraph (h) is added to read 38 as follows: 39 [Notwithstanding any inconsistent provision of this section, the40difference collected between the fees set forth in paragraphs (a) and41(b) of this subdivision in effect on and after September first, two42thousand nine and the fees set forth in such paragraphs in effect prior43to such date shall be deposited to the credit of the dedicated highway44and bridge trust fund.] 45 (h) Fees collected pursuant to this section shall be deposited into 46 the ATV recreation fund established pursuant to section ninety-nine-rr 47 of the state finance law, and used only for those purposes enumerated in 48 such section. 49 § 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as 50 added by chapter 671 of the laws of 1985, is amended to read as follows: 51 12. Out of state ATV registration. (a) The registration provisions of 52 this article shall not apply to non-resident owners who have registered 53 their ATVs in compliance with the registration and licensing laws of the 54 state, province, district or country of residence, provided that the ATV 55 is appropriately identified in accordance with the laws of the state of 56 residence. The provisions of this subdivision shall not apply to a resi-A. 2498--A 3 1 dent of another state, province, district or country which does not have 2 an ATV registration and identification law. Nothing in this subdivision 3 shall be construed to authorize the operation of any ATV contrary to the 4 provisions of this article. 5 (b) Non-resident owners who reside in a jurisdiction which does not 6 have an ATV registration and identification law, shall pay an annual 7 fee, equal to that provided for pursuant to paragraph (b) of subdivision 8 four of this section to lawfully operate such ATV in the state on lands 9 other than those privately owned by the ATV owner. 10 § 6. Section 2411 of the vehicle and traffic law, as added by chapter 11 402 of the laws of 1986, is amended to read as follows: 12 § 2411. Liability for negligence. 1. Negligence in the use [of] or 13 operation of an ATV shall be attributable to the owner. Every owner of 14 an ATV used or operated in this state on lands other than those private- 15 ly owned by the ATV owner must be insured. Owners of ATVs used or oper- 16 ated in this state shall be liable and responsible for death or injury 17 to [person] persons or damage to property resulting from negligence in 18 the use or operation of such ATV [by any person using or operating the19same with the permission, express or implied, of such owner, provided,20however, that such operator's negligence shall not be attributed to the21owner as to any claim or cause of action accruing to the operator or his22legal representative for such injuries or death]. 23 2. Duties of ATV owners and operators. It is recognized that driving 24 an ATV is a voluntary activity that may be hazardous. It shall be the 25 duty of ATV owners and operators: 26 (a) To keep their ATVs in proper working order. 27 (b) To follow any and all other rules of conduct as are prescribed 28 pursuant to section 26.01 of the parks, recreation and historic preser- 29 vation law. 30 (c) Not to operate an ATV in any area not designated for driving ATVs. 31 (d) Not to operate an ATV beyond the conditions that limit speed. 32 (e) To familiarize themselves with rules of the trail. 33 (f) Not to leave the scene of any accident resulting in personal inju- 34 ry or damage to the property beyond the trail. 35 § 7. The state finance law is amended by adding a new section 99-rr to 36 read as follows: 37 § 99-rr. ATV recreation fund. 1. There is hereby established in the 38 joint custody of the commissioner of parks, recreation and historic 39 preservation and the comptroller a fund to be known as the "ATV recre- 40 ation fund". 41 2. The ATV recreation fund shall consist of moneys appropriated there- 42 to, and funds transferred from any other fund or source including the 43 payment of fees pursuant to section twenty-two hundred eighty-two of the 44 vehicle and traffic law. 45 3. Ten percent of all moneys in the ATV recreation fund shall be 46 available for the administrative costs of administering such fund. 47 Forty-five percent of all moneys in the ATV recreation fund shall be 48 made available for the maintenance and construction for motorized access 49 for the disabled. Forty-five percent of all moneys in the ATV recreation 50 fund shall be made available for enforcing and educating the public 51 about the provisions of article twenty-six of the parks, recreation and 52 historic preservation law. 53 4. Monies shall be payable from the fund on the audit and warrant of 54 the state comptroller on vouchers approved and certified by the commis- 55 sioner of parks, recreation and historic preservation.A. 2498--A 4 1 § 8. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and 2 traffic law, as amended by chapter 319 of the laws of 1997, is amended 3 to read as follows: 4 (a) "All terrain vehicle" or "ATV" means any self-propelled vehicle 5 which is manufactured for sale for operation primarily on off-highway 6 trails or off-highway competitions and only incidentally operated on 7 public highways providing that such vehicle does not exceed seventy 8 inches in width, or [one thousand] two thousand two hundred pounds dry 9 weight, including vehicles that are classified as "utility terrain vehi- 10 cles" or "UTVs". Provided, however, this definition shall not include a 11 "snowmobile" or other self-propelled vehicles manufactured for off-high- 12 way use exclusively designed for travel on snow or ice, steered by skis 13 or runners and supported in whole or in part by one or more skis, belts 14 or cleats which utilize an endless belt tread. 15 § 9. The vehicle and traffic law is amended by adding a new section 16 2414 to read as follows: 17 § 2414. Trespass violation fine. Operators of ATVs which have been 18 cited for trespass shall be fined one hundred dollars for a first 19 violation; two hundred dollars for a second violation within three 20 hundred sixty-five days of the initial violation; and five hundred 21 dollars for subsequent violations within three hundred sixty-five days 22 of the initial violation. The money collected from the fines shall be 23 put into the ATV recreation fund established by section ninety-nine-rr 24 of the state finance law and shall be split fifty percent for enforce- 25 ment, education and remediation and the other fifty percent for trail 26 maintenance and trails construction and maintenance for the motorized 27 access for the disabled. 28 § 10. Section 1-0303 of the environmental conservation law is amended 29 by adding four new subdivisions 27, 28, 29 and 30 to read as follows: 30 27. "All terrain vehicle" or "ATV" shall have the meaning set forth in 31 paragraph (a) of subdivision one of section twenty-two hundred eighty- 32 one of the vehicle and traffic law. 33 28. "Connector trail" shall mean a public highway or portion thereof 34 open for travel by ATVs, any trails or portions thereof; and any exist- 35 ing railroad beds and private roads or portions thereof. 36 29. "Private road" shall have the meaning set forth in section one 37 hundred thirty-three of the vehicle and traffic law. 38 30. "Public highway" shall have the meaning set forth in section one 39 hundred thirty-four of the vehicle and traffic law. 40 § 11. Section 9-0303 of the environmental conservation law is amended 41 by adding a new subdivision 8 to read as follows: 42 8. All terrain vehicles. a. After April first, two thousand twenty- 43 five, the department, in consultation with the office of parks, recre- 44 ation and historic preservation may authorize the public use of ATVs on 45 forest preserve lands by the general public both inside and outside the 46 boundaries of the Adirondack park and on other state-owned lands under 47 the department's jurisdiction which are located within the boundaries of 48 the Adirondack park shall comply with the requirements of the Adirondack 49 park state land master plan. 50 b. Connector trails on forest preserve lands inside the Adirondack 51 park boundary: 52 i. shall follow the shortest reasonable route; 53 ii. shall not generally exceed one and six-tenths mile in length; and 54 iii. total connector trails shall not exceed a total mileage of five 55 miles and such mileage shall be administered by the department; 56 provided, however, that in the event that the total area of the Adiron-A. 2498--A 5 1 dack park is expanded after the effective date of this subdivision, such 2 five total mileage limitation shall be expanded to reflect the ratio 3 that five miles is to the total acreage of such park on April first, two 4 thousand twenty-five. 5 Provided, however, connector trails in use prior to the effective date 6 of this subdivision may remain in use. Connector trails not exceeding 7 the mileage limits established by this subdivision may be extended on 8 state lands under the jurisdiction of the department other than those 9 described in this subdivision. 10 c. Persons with qualifying disabilities to whom the department has 11 issued a permit and a companion may use ATVs at the locations authorized 12 by such permit and pursuant to the terms and conditions of such permit. 13 Such authorization shall comply with the requirements of section twen- 14 ty-four hundred five of the vehicle and traffic law and other applicable 15 law. 16 d. ATVs may be used on state land under the department's jurisdiction 17 for appropriate administrative, law enforcement, and emergency purposes. 18 e. The provisions of this subdivision shall only apply to lands within 19 the boundaries of the Adirondack park or under the jurisdiction of the 20 department on or before January first, two thousand twenty-five. 21 § 12. This act shall take effect immediately.
