Bill Text: NY A04356 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the parks, recreation and historic preservation law, the state finance law, the vehicle and traffic law and the environmental conservation law, in relation to the all terrain vehicle trail development, maintenance and enforcement fund and to amend the vehicle and traffic law, in relation to the enforcement of the operation of all terrain vehicles and to the registration of such vehicles; and to repeal certain provisions of the vehicle and traffic law relating thereto
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2010-01-06 - referred to tourism, arts and sports development [A04356 Detail]
Download: New_York-2009-A04356-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4356
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
___________
Introduced by M. of A. MORELLE, HOYT, ORTIZ, ENGLEBRIGHT -- Multi-Spon-
sored by -- M. of A. BOYLAND, CANESTRARI, CHRISTENSEN, COOK,
DelMONTE, DESTITO, GALEF, MAGEE, MARKEY, McENENY, P. RIVERA, TOWNS --
read once and referred to the Committee on Tourism, Arts and Sports
Development
AN ACT to amend the parks, recreation and historic preservation law, the
state finance law, the vehicle and traffic law and the environmental
conservation law, in relation to the all terrain vehicle trail devel-
opment, maintenance and enforcement fund and to amend the vehicle and
traffic law, in relation to the enforcement of the operation of all
terrain vehicles and to the registration of such vehicles; and to
repeal certain provisions of the vehicle and traffic law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The parks, recreation and historic preservation law is
2 amended by adding a new title D-1 to read as follows:
3 TITLE D-1
4 ALL TERRAIN VEHICLES
5 ARTICLE 26
6 GENERAL PROVISIONS
7 SECTION 26.01 JURISDICTION OF OFFICE.
8 26.03 FEE FOR ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
9 AND ENFORCEMENT.
10 26.05 RULES AND REGULATIONS.
11 S 26.01 JURISDICTION OF OFFICE. THE CONTROL AND SUPERVISION OF THE
12 PROVISIONS OF THIS TITLE SHALL BE UNDER THE JURISDICTION OF THE OFFICE.
13 S 26.03 FEE FOR ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND
14 ENFORCEMENT. 1. A FEE OF TEN DOLLARS IS HEREBY IMPOSED UPON A RESIDENT,
15 AND TWENTY DOLLARS UPON A NON-RESIDENT, OWNER OF AN ALL TERRAIN VEHICLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00434-01-9
A. 4356 2
1 FOR THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND ENFORCE-
2 MENT FUND, TO BE PAID TO THE COMMISSIONER OF MOTOR VEHICLES UPON THE
3 REGISTRATION OF SUCH VEHICLE IN ADDITION TO THE REGISTRATION FEE
4 REQUIRED BY THE VEHICLE AND TRAFFIC LAW, THE PAYMENT OF WHICH FEE HEREBY
5 IMPOSED SHALL BE A CONDITION PRECEDENT TO SUCH INDIVIDUAL RESIDENT,
6 INDIVIDUAL NON-RESIDENT OR DEALER REGISTRATION.
7 2. THE ALL TERRAIN VEHICLE FEE PAID BY ALL TERRAIN VEHICLE OWNERS
8 SHALL BE DEPOSITED INTO THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAIN-
9 TENANCE AND ENFORCEMENT FUND PURSUANT TO PARAGRAPHS (A) AND (B) OF
10 SUBDIVISION FOUR OF SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE VEHICLE
11 AND TRAFFIC LAW AND SECTION NINETY-TWO-O OF THE STATE FINANCE LAW FOR
12 USE IN THE PURCHASE, LEASE OR OTHER ACQUISITION OF PRIVATE PROPERTY AND
13 FOR THE MAINTENANCE AND DEVELOPMENT OF ALL TERRAIN VEHICLE TRAILS ON
14 PROPERTY HELD BY LOCAL GOVERNMENTS AUTHORIZED TO RECEIVE ASSISTANCE
15 UNDER THIS TITLE.
16 3. OF THE MONIES IN THE FUND, NOT LESS THAN TWENTY-FIVE PERCENT SHALL
17 BE DEPOSITED INTO THE ALL TERRAIN VEHICLE ENFORCEMENT ACCOUNT ESTAB-
18 LISHED WITHIN THE FUND PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF
19 SECTION NINETY-TWO-O OF THE STATE FINANCE LAW AND NOT LESS THAN TWENTY
20 PERCENT SHALL BE DEPOSITED INTO THE ALL TERRAIN VEHICLE DAMAGE REMEDI-
21 ATION ACCOUNT ESTABLISHED WITHIN THE FUND PURSUANT TO PARAGRAPH (B) OF
22 SUBDIVISION TWO OF SECTION NINETY-TWO-O OF THE STATE FINANCE LAW.
23 S 26.05 RULES AND REGULATIONS. THE COMMISSIONER SHALL MAKE SUCH RULES
24 AND REGULATIONS AS HE OR SHE MAY DEEM NECESSARY TO CARRY OUT THE
25 PROVISIONS OF THIS ARTICLE.
26 S 2. The parks, recreation and historic preservation law is amended by
27 adding four new sections 27.19, 27.21, 27.23 and 27.25 to read as
28 follows:
29 S 27.19 STATE AID; ALL TERRAIN VEHICLES ENFORCEMENT. 1. THE DEPARTMENT
30 OF ENVIRONMENTAL CONSERVATION AND EVERY COUNTY, CITY, TOWN OR VILLAGE
31 ENFORCING THE PROVISIONS OF THE VEHICLE AND TRAFFIC LAW RELATING TO ALL
32 TERRAIN VEHICLES SHALL BE ENTITLED TO RECEIVE STATE AID AS PROVIDED IN
33 THIS SECTION. A COUNTY, CITY, TOWN OR VILLAGE SEEKING REIMBURSEMENT FOR
34 EXPENDITURES INCURRED IN THE ENFORCEMENT OF THE VEHICLE AND TRAFFIC LAW
35 RELATING TO ALL TERRAIN VEHICLES, INCLUDING EXPENDITURES INCURRED FOR
36 SIGNS AND MARKERS THEREFOR, SHALL SUBMIT TO THE COMMISSIONER BY JANUARY
37 FIRST OF EACH YEAR EVIDENCE THAT A DEDICATED ALL TERRAIN VEHICLE
38 ENFORCEMENT UNIT AND PROGRAM FOR ENFORCEMENT EXISTS, OR THAT SUCH
39 EXPENDITURES ARE NECESSARY FOR THE IMPLEMENTATION OF AN ALL TERRAIN
40 VEHICLE ENFORCEMENT PROGRAM THAT IS CONSISTENT WITH A PLAN ADOPTED AS
41 POLICY BY AN ENFORCEMENT AGENCY WITHIN SUCH COUNTY, CITY, TOWN OR
42 VILLAGE, AND AN ESTIMATE OF SUCH EXPENDITURES FOR THE CURRENT FISCAL
43 YEAR, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE COMMISSIONER
44 MAY REQUIRE. WITHIN ONE MONTH AFTER THE CLOSE OF THE FISCAL YEAR, EACH
45 SUCH COUNTY, CITY, TOWN OR VILLAGE SHALL SUBMIT TO THE COMMISSIONER A
46 STATEMENT OF AUTHORIZED EXPENDITURES ACTUALLY INCURRED, NUMBER OF CITA-
47 TIONS ISSUED, AND A DESCRIPTION OF THE ACTIVITIES OF THE ALL TERRAIN
48 VEHICLE ENFORCEMENT UNIT, IN SUCH FORM AND CONTAINING SUCH INFORMATION
49 AS HE OR SHE MAY REQUIRE. FOR THE PURPOSES OF THIS SECTION AND SECTION
50 27.21 OF THIS ARTICLE, "FISCAL YEAR" SHALL MEAN THE PERIOD FROM APRIL
51 FIRST THROUGH MARCH THIRTY-FIRST.
52 2. THE COMMISSIONER SHALL DETERMINE THE AMOUNT OF AUTHORIZED EXPENDI-
53 TURES BY EACH COUNTY, CITY, TOWN AND VILLAGE. EACH COUNTY, CITY, TOWN
54 AND VILLAGE SHALL RECEIVE THE STATE AID AUTHORIZED BY DIVIDING ITS
55 AUTHORIZED EXPENDITURES AS DETERMINED BY THIS SUBDIVISION BY THE AMOUNT
56 OF ALL SUCH AUTHORIZED EXPENDITURES AND MULTIPLYING THE RESULT BY FIVE
A. 4356 3
1 PERCENT OF MONEYS DERIVED FROM THE REGISTRATION OF ALL TERRAIN VEHICLES
2 AND DEPOSITED TO THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
3 AND ENFORCEMENT ACCOUNT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF
4 SECTION NINETY-TWO-O OF THE STATE FINANCE LAW FOR THE FISCAL YEAR.
5 S 27.21 STATE AID; SAFETY; EDUCATION AND TRAINING. 1. EVERY COUNTY,
6 CITY, TOWN, VILLAGE, OR A QUALIFIED NOT-FOR-PROFIT ORGANIZATION AS
7 DEFINED IN SECTION 1.03 OF THIS CHAPTER, SHALL BE ENTITLED TO RECEIVE
8 STATE AID AS PROVIDED IN THIS SECTION. A COUNTY, CITY, TOWN, VILLAGE OR
9 QUALIFIED NOT-FOR-PROFIT ORGANIZATION, SHALL BE ELIGIBLE FOR A GRANT FOR
10 THE DEVELOPMENT AND FACILITATION OF SAFETY, EDUCATION AND TRAINING
11 PROGRAMS RELATED TO THE ALL TERRAIN VEHICLE USE. SUCH GRANTS SHALL BE
12 MADE BY THE COMMISSIONER AND MAY CONSTITUTE UP TO ONE HUNDRED PERCENT OF
13 THE COST OF SUCH PROGRAM. ANY COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED
14 NOT-FOR-PROFIT ORGANIZATION APPLYING FOR SUCH GRANT SHALL SUBMIT TO THE
15 COMMISSIONER BY JANUARY FIRST OF EACH YEAR AN ESTIMATE OF SUCH EXPENDI-
16 TURES FOR THE FOLLOWING FISCAL YEAR, IN SUCH FORM AND CONTAINING SUCH
17 INFORMATION AS THE COMMISSIONER MAY REQUIRE. THE COMMISSIONER SHALL
18 REVIEW ALL SUCH APPLICATIONS AND SHALL DETERMINE THE AMOUNT OF STATE AID
19 TO BE ALLOCATED TO EACH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED
20 NOT-FOR-PROFIT ORGANIZATION. OF THE AMOUNT THE COMMISSIONER DETERMINES
21 EACH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT ORGANIZA-
22 TION IS ELIGIBLE TO RECEIVE, DISTRIBUTION SHALL BE MADE ACCORDING TO A
23 SCHEDULE TO BE DETERMINED BY THE COMMISSIONER WITH SUCH DISTRIBUTION TO
24 BE MADE IN FULL ON OR BEFORE THE COMPLETION OF THE PROGRAM.
25 2. EACH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT ORGAN-
26 IZATION SHALL RECEIVE THE STATE AID AUTHORIZED BY DIVIDING ITS AUTHOR-
27 IZED EXPENDITURES AS DETERMINED BY THIS SUBDIVISION BY THE AMOUNT OF ALL
28 SUCH AUTHORIZED EXPENDITURES AND MULTIPLYING THE RESULT BY FIVE PERCENT
29 OF MONEYS DERIVED FROM THE REGISTRATION OF ALL TERRAIN VEHICLES AND
30 DEPOSITED TO THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND
31 ENFORCEMENT FUND PURSUANT TO SECTION NINETY-TWO-O OF THE STATE FINANCE
32 LAW.
33 S 27.23 STATE AID; ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTE-
34 NANCE. 1. EVERY COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT
35 ORGANIZATION ENGAGING OR ASSISTING IN THE DEVELOPMENT AND MAINTENANCE OF
36 A SYSTEM OF ALL TERRAIN VEHICLE TRAILS AND/OR A PROGRAM WITH RELATION
37 THERETO SHALL BE ENTITLED TO RECEIVE, IN ACCORDANCE WITH RULES AND REGU-
38 LATIONS PROMULGATED BY THE COMMISSIONER, STATE AID AS PROVIDED IN THIS
39 SECTION. ANY FUNDS RECEIVED BY SUCH COUNTY, CITY, TOWN, VILLAGE OR
40 QUALIFIED NOT-FOR-PROFIT ORGANIZATION PURSUANT TO THIS SECTION SHALL BE
41 DEDICATED FOR ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND
42 PROGRAMS EXCLUSIVELY.
43 2. THE COMMISSIONER MAY DRAW UPON THE MONIES DEPOSITED IN THE ALL
44 TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND ENFORCEMENT FUND
45 PURSUANT TO SECTION NINETY-TWO-O OF THE STATE FINANCE LAW FOR EXPENSES,
46 INCLUDING PERSONAL SERVICES, AS APPROVED BY THE COMPTROLLER AND IS HERE-
47 BY AUTHORIZED TO ASSIGN UP TO TWO EMPLOYEES OF HIS OR HER OFFICE TO
48 CARRY OUT SUCH RESPONSIBILITIES AND TO PAY THEIR SALARIES, BENEFITS AND
49 EXPENSES OUT OF SUCH FUND. THE COMMISSIONER SHALL DIRECT SUCH STAFF TO
50 WORK IN COOPERATION WITH A STATEWIDE NOT-FOR-PROFIT ORGANIZATION CERTI-
51 FIED BY THE COMMISSIONER AS REPRESENTING THE INTERESTS OF ALL TERRAIN
52 VEHICLE USERS TO MAXIMIZE THE EFFECTIVENESS OF THE ALL TERRAIN VEHICLE
53 TRAIL DEVELOPMENT, MAINTENANCE AND ENFORCEMENT FUND. SUCH COOPERATION
54 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE DEVELOPMENT OF A STATEWIDE ALL
55 TERRAIN VEHICLE TRAIL MAP AND USER GUIDE TO BE MADE AVAILABLE TO THE
56 DEPARTMENT OF MOTOR VEHICLES WITHIN THREE YEARS OF THE EFFECTIVE DATE OF
A. 4356 4
1 THIS SECTION FOR THE PURPOSES OF DISTRIBUTION TO ALL TERRAIN VEHICLE
2 USERS UPON REGISTRATION OF THEIR ALL TERRAIN VEHICLE, PURSUANT TO SUBDI-
3 VISION TWO-A OF SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE VEHICLE AND
4 TRAFFIC LAW. AN ANALYSIS OF ANTICIPATED REVENUES FOR THE FUND AND AN
5 ANALYSIS OF THE PERCENTAGE OF REVENUE ANTICIPATED TO BE USED BY THE
6 COMMISSIONER FOR EXPENSES, PERSONAL SERVICES AND STAFF SHALL BE DRAFTED
7 AND FORWARDED ANNUALLY TO THE GOVERNOR AND THE DIRECTOR OF THE BUDGET.
8 3. EVERY COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT
9 ORGANIZATION SHALL BE ELIGIBLE FOR A GRANT, EXCEPT AS PROHIBITED IN
10 SUBDIVISION FOUR OF THIS SECTION, TO BE USED FOR DEVELOPMENT AND MAINTE-
11 NANCE OF ALL TERRAIN VEHICLE TRAILS THAT ARE OPEN TO THE PUBLIC; LEASING
12 OR PURCHASE OF PROPERTY WHERE TRAILS MAY BE DEVELOPED; FACILITIES
13 RELATED TO THE USE AND ENJOYMENT OF TRAILS; MAINTENANCE, AND PURCHASE OR
14 LEASE OF EQUIPMENT RELATED TO THE DEVELOPMENT AND UPKEEP OF TRAILS AND
15 RELATED FACILITIES; AND/OR ANY OTHER COSTS OF ADMINISTERING A PROGRAM
16 WITH RELATION THERETO WITHIN ITS BOUNDARIES. SUCH GRANTS SHALL BE MADE
17 BY THE COMMISSIONER AND MAY CONSTITUTE UP TO ONE HUNDRED PERCENT OF THE
18 COST OF SUCH PROGRAM INCLUDING EXPENDITURES INCURRED FOR SIGNS AND MARK-
19 ERS OF ALL TERRAIN VEHICLE TRAILS. ANY COUNTY, CITY, TOWN, VILLAGE OR
20 QUALIFIED NOT-FOR-PROFIT ORGANIZATION APPLYING FOR SUCH GRANT SHALL
21 SUBMIT TO THE COMMISSIONER BY JANUARY FIRST OF EACH YEAR AN ESTIMATE OF
22 SUCH EXPENDITURES FOR THE FOLLOWING FISCAL YEAR, IN SUCH FORM AND
23 CONTAINING SUCH INFORMATION AS THE COMMISSIONER MAY REQUIRE. THE COMMIS-
24 SIONER SHALL REVIEW ALL SUCH APPLICATIONS AND SHALL DETERMINE THE AMOUNT
25 OF STATE AID TO BE ALLOCATED TO EACH COUNTY, CITY, TOWN, VILLAGE OR
26 QUALIFIED NOT-FOR-PROFIT ORGANIZATION IN ACCORDANCE WITH THE PROVISIONS
27 OF SUBDIVISION SIX OF THIS SECTION. OF THE AMOUNT THE COMMISSIONER
28 DETERMINES EACH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT
29 ORGANIZATION IS ELIGIBLE TO RECEIVE, DISTRIBUTION SHALL BE MADE ACCORD-
30 ING TO A SCHEDULE TO BE DETERMINED BY THE COMMISSIONER WITH SUCH
31 DISTRIBUTION TO BE MADE IN FULL ON OR BEFORE THE COMPLETION OF THE
32 PROGRAM.
33 4. NO STATE AID SHALL BE ALLOCATED PURSUANT TO THIS SECTION FOR USE IN
34 ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE ON PUBLIC LANDS
35 UNDER JURISDICTION OF THIS STATE, INCLUDING LANDS ON WHICH THE STATE
36 OWNS CONSERVATION OR RECREATION EASEMENTS, OR WHERE THE COMMISSIONER
37 DETERMINES THAT THE EXPENDITURE IS NOT IN THE BEST INTERESTS OF THE
38 STATE AND ISSUES A WRITTEN DETERMINATION THERETO.
39 5. NO STATE AID SHALL BE ALLOCATED PURSUANT TO THIS SECTION FOR USE IN
40 ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND MAINTENANCE WHERE THE COMMIS-
41 SIONER DETERMINES, IN WRITING, THAT THE EXPENDITURE OR PROJECT IS NOT IN
42 THE BEST INTERESTS OF THE STATE. IN MAKING SUCH A DETERMINATION THE
43 COMMISSIONER MAY CONSIDER, BUT NOT BE LIMITED TO, THE FOLLOWING FACTORS
44 WHEN DETERMINING THE APPROPRIATENESS OF AN ALL TERRAIN VEHICLE TRAIL
45 PROJECT: (A) THREAT TO PUBLIC LANDS DUE TO THE PROJECT'S CLOSE PROXIMITY
46 TO SUCH LANDS AND (B) LOCATION ADJACENT TO RECOGNIZED NATURE AREAS OR
47 WILDLIFE HABITAT AREAS.
48 6. THE AMOUNT OF STATE AID TO BE ALLOCATED TO EVERY COUNTY, CITY,
49 TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT ORGANIZATION, SHALL BE DRAWN
50 UPON THE MONIES REMAINING IN THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT,
51 MAINTENANCE AND ENFORCEMENT FUND PURSUANT TO SECTION NINETY-TWO-O OF THE
52 STATE FINANCE LAW AFTER WITHDRAWAL PURSUANT TO SUBDIVISIONS TWO AND FOUR
53 OF THIS SECTION AND SECTIONS 27.19 AND 27.21 OF THIS ARTICLE AS SHALL BE
54 DETERMINED BY THE COMMISSIONER AS HEREINAFTER PROVIDED. THE COMMISSIONER
55 SHALL DETERMINE THE PERCENTAGE PROPORTION WHICH THE AUTHORIZED EXPENDI-
56 TURES OF EACH INDIVIDUAL COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED
A. 4356 5
1 NOT-FOR-PROFIT ORGANIZATION, SHALL BEAR TO THE TOTAL AUTHORIZED EXPENDI-
2 TURES OF ALL THE COUNTIES, CITIES, TOWNS, VILLAGES OR NOT-FOR-PROFIT
3 ORGANIZATIONS FOR ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
4 AND/OR PROGRAMS PURSUANT TO THIS SECTION DURING THE FISCAL YEAR. SUCH
5 PERCENTAGE PROPORTION SHALL BE MULTIPLIED BY THE MONIES REMAINING IN THE
6 ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND ENFORCEMENT FUND
7 PURSUANT TO SECTION NINETY-TWO-O OF THE STATE FINANCE LAW. THE AMOUNT
8 THUS DETERMINED SHALL CONSTITUTE THE MAXIMUM AMOUNT OF STATE AID TO
9 WHICH EACH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED NOT-FOR-PROFIT
10 ORGANIZATION, SHALL BE ENTITLED. THE COMMISSIONER SHALL CERTIFY TO THE
11 COMPTROLLER THE AMOUNT THUS DETERMINED FOR EACH COUNTY, CITY, TOWN,
12 VILLAGE OR QUALIFIED NOT-FOR-PROFIT ORGANIZATION AS THE AMOUNT OF STATE
13 AID TO BE APPORTIONED TO SUCH COUNTY, CITY, TOWN, VILLAGE OR QUALIFIED
14 NOT-FOR-PROFIT ORGANIZATION.
15 7. THE COMMISSIONER IS HEREBY AUTHORIZED TO ACCEPT APPLICATIONS AND
16 CERTIFY QUALIFIED NOT-FOR-PROFIT ORGANIZATIONS AS PROVIDED IN SUBDIVI-
17 SION NINETEEN OF SECTION 1.03 OF THIS CHAPTER. THE COMMISSIONER IS ALSO
18 AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ACCOMPLISH THESE PURPOSES.
19 8. IN THE EVENT THAT ANY FUNDS REMAIN AFTER DISTRIBUTION AS AUTHORIZED
20 IN THIS SECTION, SECTIONS 27.19 AND 27.21 OF THIS ARTICLE IN A FISCAL
21 YEAR, SUCH FUNDS SHALL BE RETAINED IN THE ALL TERRAIN VEHICLE TRAIL
22 DEVELOPMENT, MAINTENANCE AND ENFORCEMENT FUND AND SHALL BE MADE AVAIL-
23 ABLE FOR GRANTS IN THE FOLLOWING FISCAL YEAR.
24 9. THE COMMISSIONER IS DIRECTED TO REPORT IN THE PUBLIC RECORD AND ON
25 ITS WEB SITE, THE BALANCE OF THE FUND AT THE BEGINNING OF EACH FISCAL
26 YEAR AND THE INDIVIDUAL AND COMBINED TOTALS OF EACH OF THE EXPENDITURES
27 AUTHORIZED UNDER THIS CHAPTER, AND ANY OTHER INFORMATION ABOUT THE
28 STATUS OF THE PROGRAM AS HE OR SHE MAY DIRECT.
29 S 27.25 STATE AID; ALL TERRAIN VEHICLE DAMAGE REMEDIATION. 1. THE
30 STATE, ITS AGENCIES, ANY COUNTY, CITY, TOWN OR VILLAGE, AND ANY PRIVATE
31 LANDOWNERS SUFFERING PROPERTY DAMAGE OF ANY KIND DIRECTLY ATTRIBUTABLE
32 TO THE UNAUTHORIZED USE AND TRESPASS OF ALL TERRAIN VEHICLES ON THEIR
33 PROPERTY, WHEN SUCH PERSON OR ENTITY HAVE NOT THEMSELVES OPERATED AN ALL
34 TERRAIN VEHICLE ON SUCH DAMAGED PROPERTY IN A MANNER WHICH IS CONSISTENT
35 WITH CAUSING OR EXACERBATING SUCH DAMAGE, SHALL BE ELIGIBLE TO SEEK
36 REPARATIONS FROM THE ALL TERRAIN VEHICLE DAMAGE REMEDIATION ACCOUNT FOR
37 DAMAGES SUFFERED. ALL AWARDS DRAWN ON THIS ACCOUNT ARE SUBJECT TO THE
38 PROVISIONS SET FORTH IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION
39 NINETY-TWO-O OF THE STATE FINANCE LAW.
40 2.THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR A SYSTEM
41 BY WHICH INJURED PARTIES CAN RECEIVE AWARDS FROM THE ACCOUNT FOR DAMAGES
42 INCURRED BY THE UNAUTHORIZED USE OF ALL TERRAIN VEHICLES ON THEIR PROP-
43 ERTY.
44 (A) SUCH SYSTEM MUST INCLUDE, BUT MAY NOT BE LIMITED TO, THE FOLLOW-
45 ING:
46 (I) A METHOD BY WHICH COMPLAINANTS CAN PRESENT THEIR CLAIM FOR
47 DAMAGES;
48 (II) A SYSTEM WHICH PROVIDES FOR THE FAIR AND EQUITABLE EVALUATION OF
49 ALL CLAIMS IN A TIMELY MANNER;
50 (III) A PROCESS FOR THE ACCEPTANCE OF EVIDENCE, AND THE REVIEW OF
51 CITATIONS OR VIOLATIONS ISSUED BY ANY LAW ENFORCEMENT AGENCY WITH REGARD
52 TO THE DAMAGES IN QUESTION; AND
53 (IV) ANY OTHER PROCESS DETERMINED BY RULE OR REGULATION THAT THE
54 COMMISSIONER DEEMS NECESSARY TO CARRY OUT THE PURPOSES OF THIS SECTION.
55 (B) SUCH RULES AND REGULATIONS MUST INCLUDE, BUT MAY NOT BE LIMITED
56 TO, THE FOLLOWING:
A. 4356 6
1 (I) CLAIMS FOR DAMAGES MUST BE FILED WITHIN NINETY DAYS OF THE OCCUR-
2 RENCE AND MUST BE ACCOMPANIED BY PROOF THAT A COMPLAINT WAS FILED WITH
3 THE LAW ENFORCEMENT AGENCY OF JURISDICTION;
4 (II) COMPLAINANTS SEEKING DAMAGES IN SMALL CLAIMS COURT AGAINST A
5 SPECIFIC ENTITY, PERSON OR PERSONS FOR SAID INJURIES TO PERSONAL PROPER-
6 TY MAY NOT ALSO FILE A CLAIM UNDER THIS SECTION;
7 (III) NO SINGLE AWARD FOR DAMAGES MAY EXCEED TEN THOUSAND DOLLARS;
8 (IV) NO CLAIMANT SHALL ENTER A CLAIM FOR DAMAGES WHEN SUCH CLAIMANT,
9 OR PERSONS EMPLOYED OR VOLUNTEERING FOR SUCH CLAIMANT IN ANY MANNER,
10 HAVE THEMSELVES OPERATED AN ALL TERRAIN VEHICLE ON SUCH DAMAGED PROPERTY
11 IN A MANNER WHICH IS CONSISTENT WITH CAUSING, OR EXACERBATING SUCH
12 DAMAGE; AND
13 (V) ANY OTHER RULES OR REGULATIONS THAT THE COMMISSIONER DEEMS NECES-
14 SARY TO CARRY OUT THE PURPOSES OF THIS SECTION.
15 S 3. Section 2282 of the vehicle and traffic law is amended by adding
16 a new subdivision 13 to read as follows:
17 13. REGISTRATION AT TIME OF SALE. ALL TERRAIN VEHICLES SOLD BY DEALERS
18 SHALL BE REGISTERED AT THE TIME OF SUCH SALE. SUCH REGISTRATION SHALL BE
19 VALID UNTIL THE THIRTY-FIRST DAY OF AUGUST FOLLOWING THE DATE OF SUCH
20 SALE; PROVIDED HOWEVER THAT ALL TERRAIN VEHICLES SOLD AFTER APRIL FIRST
21 OF EACH YEAR SHALL BE ISSUED A REGISTRATION VALID UNTIL THE THIRTY-FIRST
22 DAY OF AUGUST IN THE YEAR FOLLOWING THAT IN WHICH THE ALL TERRAIN VEHI-
23 CLE IS SOLD. ALL TERRAIN VEHICLES PURCHASED TO BE USED IN ACCORDANCE
24 WITH SUBDIVISION ELEVEN OF THIS SECTION OR FOR USE EXCLUSIVELY OUTSIDE
25 OF THE STATE OF NEW YORK SHALL NOT REQUIRE REGISTRATION AT THE TIME OF
26 PURCHASE, AND THE PURCHASER OF SUCH ALL TERRAIN VEHICLE SHALL SIGN A
27 DECLARATION, PROVIDED BY THE DEALER, WHICH SHALL STATE THAT SUCH
28 PURCHASER UNDERSTANDS THE CONDITIONS UNDER WHICH AN ALL TERRAIN VEHICLE
29 MUST BE REGISTERED AND THE PENALTY FOR VIOLATION OF SUCH REGISTRATION
30 PROVISIONS; THE FORM OF SUCH DECLARATION SHALL BE PROVIDED BY THE
31 COMMISSIONER TO EACH DEALER AND SHALL BE FORWARDED TO THE COMMISSIONER.
32 S 4. Section 2291 of the vehicle and traffic law, as amended by
33 section 3 of part G of chapter 59 of the laws of 2006, is amended to
34 read as follows:
35 S 2291. Disposition of fees. The commissioner shall deposit all monies
36 received from the registration of ATVs and all fees otherwise collected
37 under this article to the credit of the general fund, [as prescribed by
38 section twenty-two hundred eighty-two of this chapter] EXCEPT THAT ALL
39 FEES COLLECTED BY THE COMMISSIONER AS REQUIRED BY SECTION 26.03 OF THE
40 PARKS, RECREATION AND HISTORIC PRESERVATION LAW SHALL BE DEPOSITED TO
41 THE CREDIT OF THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND
42 ENFORCEMENT FUND AS ESTABLISHED BY SECTION NINETY-TWO-O OF THE STATE
43 FINANCE LAW.
44 S 5. The state finance law is amended by adding a new section 92-o to
45 read as follows:
46 S 92-O. ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND
47 ENFORCEMENT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF
48 THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION AND THE
49 STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "ALL TERRAIN VEHICLE
50 TRAIL DEVELOPMENT, MAINTENANCE AND ENFORCEMENT FUND".
51 2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
52 ACCOUNTS WITHIN THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
53 AND ENFORCEMENT FUND:
54 (A) THE ALL TERRAIN VEHICLE ENFORCEMENT ACCOUNT: THE ACCOUNT SHALL BE
55 CREDITED WITH TWENTY-FIVE PERCENT OF THE TOTAL COLLECTIONS FOR ALL
56 TERRAIN VEHICLE REGISTRATIONS COLLECTED BY THE COMMISSIONER OF THE
A. 4356 7
1 DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SUBDIVISION THREE OF SECTION
2 26.03 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW; AND
3 (B) THE ALL TERRAIN VEHICLE DAMAGE REMEDIATION ACCOUNT;
4 (I) SUCH ACCOUNT SHALL BE CREDITED WITH TWENTY PERCENT OF THE TOTAL
5 COLLECTIONS FOR ALL TERRAIN VEHICLE REGISTRATIONS COLLECTED BY THE
6 COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES PURSUANT TO SUBDIVISION
7 THREE OF SECTION 26.03 OF THE PARKS, RECREATION AND HISTORIC PRESERVA-
8 TION LAW,
9 (II) SUCH ACCOUNT SHALL BE ADMINISTERED BY THE COMMISSIONER OF PARKS,
10 RECREATION AND HISTORIC PRESERVATION AS PROVIDED FOR IN SUBDIVISION TWO
11 OF SECTION 27.23 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW,
12 AND
13 (III) NOTHING SHALL PRECLUDE THE STATE, OR ITS AGENCIES, FROM SEEKING
14 REPARATIONS FROM THE FUND, PROVIDED THAT SUCH DAMAGE CAN BE FOUND
15 DIRECTLY ATTRIBUTABLE TO THE UNAUTHORIZED USE AND TRESPASS OF ALL
16 TERRAIN VEHICLES ON THEIR PROPERTY, WHEN SUCH PERSON OR ENTITY HAVE NOT
17 THEMSELVES OPERATED AN ALL TERRAIN VEHICLE ON SUCH DAMAGED PROPERTY IN A
18 MANNER WHICH IS CONSISTENT WITH CAUSING OR EXACERBATING SUCH DAMAGE.
19 3. THE MONIES IN SUCH FUND SHALL BE AVAILABLE FOR PAYMENT OF ANY AND
20 ALL COSTS AND EXPENDITURES INCURRED IN PERFORMING ANY OF THE WORK
21 REQUIRED IN DEVELOPING AND MAINTAINING A SYSTEM OF ALL TERRAIN VEHICLE
22 TRAILS AND/OR PROGRAMS PURSUANT TO SECTIONS 27.19, 27.21, 27.23 AND
23 27.25 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, INCLUDING
24 COSTS AND EXPENSES INCIDENTAL AND APPURTENANT THERETO.
25 4. MONIES IN THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE
26 AND ENFORCEMENT FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE
27 COMMINGLED WITH ANY OTHER MONIES IN THE JOINT OR SOLE CUSTODY OF THE
28 STATE COMPTROLLER OR THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC
29 PRESERVATION.
30 5. THE ALL TERRAIN VEHICLE TRAIL DEVELOPMENT, MAINTENANCE AND ENFORCE-
31 MENT FUND SHALL CONSIST OF THE REVENUES REQUIRED TO BE DEPOSITED THEREIN
32 PURSUANT TO THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF SUBDIVISION FOUR
33 OF SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE VEHICLE AND TRAFFIC LAW
34 AND ALL MONIES CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
35 SOURCE PURSUANT TO LAW.
36 6. THE MONIES IN SUCH FUND SHALL BE APPROPRIATED BY THE LEGISLATURE
37 AND PAID OUT PURSUANT TO SECTIONS 27.19, 27.21, 27.23 AND 27.25 OF THE
38 PARKS, RECREATION AND HISTORIC PRESERVATION LAW ON THE AUDIT AND WARRANT
39 OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED BY THE COMMISSIONER OF
40 PARKS, RECREATION AND HISTORIC PRESERVATION.
41 7. MONEYS FROM THE ALL TERRAIN VEHICLE ENFORCEMENT ACCOUNT SHALL BE
42 AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF
43 AVAILABILITY OF THE DIRECTOR OF THE BUDGET, TO THE DEPARTMENT OF ENVI-
44 RONMENTAL CONSERVATION AND ANY COUNTY, CITY, TOWN OR VILLAGE FOR THE
45 STATED PURPOSES OF ALL TERRAIN VEHICLE ENFORCEMENT PROGRAMS PURSUANT TO
46 SECTION 27.19 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
47 8. MONEYS FROM THE ALL TERRAIN VEHICLE DAMAGE REMEDIATION ACCOUNT
48 SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF
49 APPROVAL OF AVAILABILITY OF THE DIRECTOR OF THE BUDGET, TO ENTITIES
50 PURSUANT TO SECTION 27.25 OF THE PARKS, RECREATION AND HISTORIC PRESER-
51 VATION LAW.
52 S 6. Section 1.03 of the parks, recreation and historic preservation
53 law is amended by adding a new subdivision 19 to read as follows:
54 19. "QUALIFIED NOT-FOR-PROFIT ORGANIZATION" SHALL MEAN AN ORGANIZATION
55 WHICH HAS AS ONE OF ITS PURPOSES THE PROMOTION AND ENHANCEMENT OF RECRE-
56 ATIONAL OPPORTUNITIES AND HAS BEEN CERTIFIED BY THE COMMISSIONER.
A. 4356 8
1 S 7. Section 2282 of the vehicle and traffic law is amended by adding
2 a new subdivision 2-a to read as follows:
3 2-A. THE COMMISSIONER IS DIRECTED TO MAKE AVAILABLE TO ALL TERRAIN
4 VEHICLE USERS, AT THE TIME OF REGISTRATION OF AN ALL TERRAIN VEHICLE,
5 AND ANY TIME THEREAFTER, ANY ALL TERRAIN VEHICLE TRAIL MAP AND USER
6 GUIDE AS PROMULGATED BY THE COMMISSIONER OF THE OFFICE OF PARKS, RECRE-
7 ATION AND HISTORIC PRESERVATION PURSUANT TO SUBDIVISION TWO OF SECTION
8 27.23 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
9 S 8. Subdivision 1 of section 2283 of the vehicle and traffic law is
10 amended by adding four new paragraphs (a), (b), (c) and (d) to read as
11 follows:
12 (A) A SET OF PERMANENT REGISTRATION NUMBER PLATES SHALL BE PLACED ON
13 AN ALL TERRAIN VEHICLE. ONE PLATE SHALL BE PLACED ON THE FRONT OF THE
14 VEHICLE AND ONE ON THE REAR OF THE VEHICLE, AS HIGH AS POSSIBLE ABOVE
15 AND BETWEEN THE REAR TIRES, EACH SECURELY FASTENED SO AS TO PREVENT THE
16 SAME FROM SWINGING.
17 (B) SUCH PLATES SHALL DISPLAY THE REGISTRATION NUMBER, CORRESPONDING
18 TO THAT OF THE REGISTRATION CERTIFICATE. THERE SHALL BE A MARKED
19 CONTRAST BETWEEN THE COLOR OF THE PLATES AND THAT OF THE NUMERALS OR
20 LETTERS THEREON. SUCH PLATES SHALL BE OF SUCH MATERIAL, FORM, DESIGN AND
21 DIMENSION, AS THE COMMISSIONER SHALL PRESCRIBE; PROVIDED THAT, SUCH
22 DIMENSIONS AT A MINIMUM SHALL BE THREE AND ONE-HALF INCHES VERTICAL AND
23 SIX INCHES HORIZONTAL.
24 (C) SUCH PLATES SHALL BE KEPT CLEAN AND IN A CONDITION SO AS TO BE
25 EASILY READABLE AND SHALL NOT BE COVERED BY GLASS OR ANY PLASTIC, AND
26 THE VIEW THEREOF SHALL NOT BE OBSTRUCTED BY ANY PART OF THE VEHICLE OR
27 BY ANYTHING CARRIED THEREON.
28 (D) THE COMMISSIONER OF MOTOR VEHICLES MAY ASSESS A SURCHARGE OF TWO
29 DOLLARS AND FIFTY CENTS IN ADDITION TO THE FEE FOR REGISTRATION OF AN
30 ALL TERRAIN VEHICLE FOR THE COSTS ASSOCIATED WITH MANUFACTURING LICENSE
31 PLATES FOR ALL TERRAIN VEHICLES.
32 S 9. The vehicle and traffic law is amended by adding a new section
33 2414 to read as follows:
34 S 2414. FAILURE TO COMPLY; FINES AND PENALTIES. 1. FAILURE TO COMPLY
35 WITH A PROVISION OF LAW REGARDING THE OPERATION OF AN ATV SHALL CONSTI-
36 TUTE A VIOLATION AND SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE
37 HUNDRED DOLLARS; PROVIDED, HOWEVER, THAT A VIOLATION OF SECTION TWENTY-
38 FOUR HUNDRED SIX OF THIS ARTICLE SHALL BE PUNISHABLE BY A FINE OF NOT
39 MORE THAN FIFTY DOLLARS. A REPEAT VIOLATION OF SUCH LAW WITHIN AN EIGH-
40 TEEN MONTH PERIOD SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE
41 HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED FIFTY DOLLARS, PROVIDED HOWEV-
42 ER THAT A REPEAT VIOLATION OF SECTION TWENTY-FOUR HUNDRED SIX OF THIS
43 ARTICLE SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN ONE HUNDRED
44 DOLLARS.
45 2. IN ADDITION TO THE PENALTIES SET FORTH IN SUBDIVISION ONE OF THIS
46 SECTION, A POLICE OFFICER, ENVIRONMENTAL CONSERVATION OFFICER OR PEACE
47 OFFICER MAY IMMEDIATELY IMPOUND AN ATV OPERATED FOR THE FOLLOWING
48 REASONS:
49 (A) OPERATION OF AN ATV ON OTHER THAN DESIGNATED ROUTES WITHIN THE
50 FOREST PRESERVE; OR
51 (B) VIOLATION OF SECTION TWENTY-TWO HUNDRED EIGHTY-THREE OF THIS TITLE
52 WHEN SUCH VIOLATION CONSTITUTES BOTH A SECOND OFFENSE OF SUCH SECTION
53 WITHIN EIGHTEEN MONTHS OF THE INITIAL INFRACTION AND IS A VIOLATION OF
54 SUBDIVISION TWO OR THREE OF SECTION TWENTY-FOUR HUNDRED THREE OF THIS
55 ARTICLE; OR
A. 4356 9
1 (C) OPERATION OF AN ATV UPON ANY PUBLIC OR PRIVATE PROPERTY WITHIN THE
2 STATE DURING THE COMMISSION OF A SEPARATE MISDEMEANOR OR FELONY ACT AS
3 DEFINED IN THE PENAL LAW; PROVIDED HOWEVER THAT A VIOLATION OF SUBDIVI-
4 SION (A) OF SECTION 140.10 OF THE PENAL LAW SHALL NOT IN ITSELF CONSTI-
5 TUTE A SEPARATE MISDEMEANOR FOR PURPOSES OF THIS SUBDIVISION.
6 3. SUCH IMPOUNDED ATV SHALL BE PROCESSED CONSISTENT WITH THE
7 PROVISIONS OF SECTION FIVE HUNDRED ELEVEN-B OF THIS CHAPTER.
8 4. IN THE EVENT THAT A FINE IS ASSESSED AGAINST A MINOR FOR ILLEGAL
9 OPERATION OF AN ATV, THE LEGAL PARENT OR GUARDIAN OF SUCH MINOR SHALL BE
10 WHOLLY RESPONSIBLE FOR THE REMITTANCE OF SUCH FINE.
11 5. FIFTY PERCENT OF THE PROCEEDS COLLECTED IN ACCORDANCE WITH THIS
12 SECTION SHALL BE PROVIDED TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
13 TION FOR THE PURPOSE OF ENSURING THAT ALL TERRAIN VEHICLES DO NOT TRES-
14 PASS ONTO PUBLIC LANDS UNDER JURISDICTION OF THE STATE, EXCEPT THAT IN
15 CASES WHERE THE ARRESTING OFFICER IS A PEACE OFFICER EMPLOYED BY THE
16 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WHEREIN THE DEPARTMENT SHALL
17 RECEIVE ONE HUNDRED PERCENT OF SUCH PROCEEDS.
18 S 10. Subdivision 4 of section 2404 of the vehicle and traffic law is
19 REPEALED and subdivisions 5 and 6 are renumbered subdivisions 4 and 5.
20 S 11. Section 2406 of the vehicle and traffic law is amended by
21 adding a new subdivision 4 to read as follows:
22 4. A PERSON OPERATING AN ATV SHALL RIDE ONLY UPON THE PERMANENT AND
23 REGULAR SEAT ATTACHED THERETO, AND SUCH OPERATOR SHALL NOT CARRY ANY
24 OTHER PERSON NOR SHALL ANY OTHER PERSON RIDE ON AN ATV UNLESS SUCH ATV
25 IS DESIGNED TO CARRY MORE THAN ONE PERSON, IN WHICH EVENT A PASSENGER
26 MAY RIDE UPON THE PERMANENT AND REGULAR SEAT IF DESIGNED FOR TWO
27 PERSONS, OR UPON ANOTHER SEAT FIRMLY ATTACHED TO THE ATV AT THE REAR OR
28 SIDE OF THE OPERATOR.
29 S 12. Section 9-0303 of the environmental conservation law is amended
30 by adding a new subdivision 8 to read as follows:
31 8. ALL TERRAIN VEHICLE ROUTES. NO DESIGNATION OR DEVELOPMENT OF ALL
32 TERRAIN VEHICLE ROUTES FOR USE BY THE GENERAL PUBLIC SHALL OCCUR ON
33 LANDS WITHIN THE FOREST PRESERVE AFTER THE EFFECTIVE DATE OF THIS SUBDI-
34 VISION.
35 S 13. Nothing in this act shall be deemed to limit the authority of a
36 county, city, town or village from adopting or amending a local law or
37 ordinance which imposes stricter restrictions and conditions on the
38 operation of all terrain vehicles than are provided or authorized by
39 this act, so long as such local law or ordinance is consistent with its
40 authority to protect the order, conduct, health, safety and general
41 welfare of persons or property. Nothing in this act shall be deemed to
42 alter or invalidate any local law or ordinance already in effect as of
43 the effective date of this act.
44 S 14. This act shall take effect on the one hundred twentieth day
45 after it shall have become a law, except that the state aid authorized
46 by subdivisions 2, 3, 4 and 6 of section 27.23 of the parks, recreation
47 and historic preservation law as added by section two of this act shall
48 be payable in fiscal years commencing one year thereafter; provided,
49 however, that effective immediately, the amendment, addition and/or
50 repeal of any rule or regulation necessary for the timely implementation
51 of this act upon its effective date is hereby authorized and directed to
52 be made on or before such effective date.
