Bill Text: NY S02747 | 2011-2012 | General Assembly | Introduced

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Bill Title: Directs the office of parks, recreation and historic preservation or other state agency having jurisdiction of a state park or recreational facility to establish a 3 year and a 5 year access fee that is valid in all state parks and recreational facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-08-17 - SIGNED CHAP.443 [S02747 Detail]

Download: New_York-2011-S02747-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2747
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 31, 2011
                                      ___________
       Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cultural Affairs, Tourism,
         Parks and Recreation
       AN ACT to amend the parks, recreation and historic preservation law,  in
         relation to providing for a three-year and a five-year access fee
         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 two new sections 13.18 and 13.20 to read as follows:
    3    S  13.18 THREE-YEAR VEHICULAR ACCESS FEE. 1. NOTWITHSTANDING ANY OTHER
    4  PROVISION OF LAW TO THE CONTRARY,  THE  OFFICE  OR  OTHER  STATE  AGENCY
    5  HAVING  JURISDICTION  OF  A  STATE  PARK  OR RECREATIONAL FACILITY SHALL
    6  ESTABLISH A THREE-YEAR VEHICULAR ACCESS FEE WHICH SHALL RUN  FROM  APRIL
    7  FIRST  OF  THE  YEAR OF ISSUANCE TO MARCH THIRTY-FIRST OF THE THIRD YEAR
    8  FOLLOWING SUCH ISSUANCE, ENTITLING THE HOLDER  THEREOF  TO  A  PASS  FOR
    9  VEHICULAR  ADMISSION WITHOUT ADDITIONAL FEE TO ANY STATE PARK AND RECRE-
   10  ATIONAL FACILITY WHICH HAS A VEHICULAR ACCESS FEE. SUCH  THREE-YEAR  FEE
   11  SHALL  BE  CONSISTENT  WITH  THE  FEE  SCHEDULE  ESTABLISHED PURSUANT TO
   12  SECTION 13.15 OF THIS ARTICLE AND SHALL BE APPROVED BY THE  DIRECTOR  OF
   13  THE BUDGET.
   14    2.  THE  PASS  FOR  VEHICULAR ACCESS SHALL BE KNOWN AS THE "THREE-YEAR
   15  EMPIRE PASSPORT". THE PASS SHALL BE AVAILABLE AT REGIONAL PARK HEADQUAR-
   16  TERS AND SUCH OTHER PLACES AS THE OFFICE OR  OTHER  STATE  AGENCY  SHALL
   17  DESIGNATE.    SUCH PASS, HAVING AN EMBLEM OF THE BLUEBIRD THEREON, SHALL
   18  BE AVAILABLE IN A FORM PRESCRIBED BY THE OFFICE.
   19    3. SUCH PASS FOR VEHICULAR ACCESS SHALL NOT BE AVAILABLE TO THE  OWNER
   20  OR OPERATOR OF AN OMNIBUS OPERATED FOR A COMMERCIAL PURPOSE, UNLESS SUCH
   21  OMNIBUS  IS  OPERATED  BY  OR  PURSUANT TO AN AGREEMENT WITH A PUBLIC OR
   22  PRIVATE NONPROFIT AGENCY FOR THE PURPOSE OF TRANSPORTING PERSONS  TO  OR
   23  FROM STATE PARKS FOR A RECREATIONAL EXPERIENCE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00306-01-1
       S. 2747                             2
    1    4.    IF DEMONSTRATED THAT THE USE OF THE PASS FOR VEHICULAR ACCESS IN
    2  PARTICULAR PARKS OR RECREATIONAL FACILITIES IS CONTRARY  TO  THE  PUBLIC
    3  INTEREST,  THE OFFICE OR SUCH OTHER STATE AGENCY HAVING JURISDICTION MAY
    4  PROHIBIT ITS USE IN SUCH PARTICULAR PARKS OR RECREATIONAL FACILITIES  BY
    5  RULE OR REGULATION.
    6    5.    THE  OFFICE OR OTHER STATE AGENCY HAVING JURISDICTION OF A STATE
    7  PARK OR RECREATIONAL FACILITY SHALL  PROMULGATE  SUCH  RULES  AND  REGU-
    8  LATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
    9    S  13.20  FIVE-YEAR VEHICULAR ACCESS FEE. 1. NOTWITHSTANDING ANY OTHER
   10  PROVISION OF LAW TO THE CONTRARY,  THE  OFFICE  OR  OTHER  STATE  AGENCY
   11  HAVING  JURISDICTION  OF  A  STATE  PARK  OR RECREATIONAL FACILITY SHALL
   12  ESTABLISH A FIVE-YEAR ACCESS FEE WHICH SHALL RUN FROM APRIL FIRST OF THE
   13  YEAR OF ISSUANCE TO MARCH THIRTY-FIRST OF THE FIFTH YEAR FOLLOWING  SUCH
   14  ISSUANCE, ENTITLING THE HOLDER THEREOF TO A PASS FOR VEHICULAR ADMISSION
   15  WITHOUT ADDITIONAL FEE TO ANY STATE PARK AND RECREATIONAL FACILITY WHICH
   16  HAS  AN  ACCESS FEE. SUCH FIVE-YEAR FEE SHALL BE CONSISTENT WITH THE FEE
   17  SCHEDULE ESTABLISHED PURSUANT TO SECTION 13.15 OF THIS ARTICLE AND SHALL
   18  BE APPROVED BY THE DIRECTOR OF THE BUDGET.
   19    2. THE PASS FOR VEHICULAR ACCESS SHALL  BE  KNOWN  AS  THE  "FIVE-YEAR
   20  EMPIRE PASSPORT". THE PASS SHALL BE AVAILABLE AT REGIONAL PARK HEADQUAR-
   21  TERS  AND  SUCH  OTHER  PLACES  AS THE OFFICE OR SUCH OTHER STATE AGENCY
   22  SHALL DESIGNATE.  SUCH PASS, HAVING AN EMBLEM OF THE BROOK TROUT  THERE-
   23  ON, SHALL BE AVAILABLE IN A FORM PRESCRIBED BY THE OFFICE.
   24    3.  SUCH PASS FOR VEHICULAR ACCESS SHALL NOT BE AVAILABLE TO THE OWNER
   25  OR OPERATOR OF AN OMNIBUS OPERATED FOR A COMMERCIAL PURPOSE, UNLESS SUCH
   26  OMNIBUS IS OPERATED BY OR PURSUANT TO AN  AGREEMENT  WITH  A  PUBLIC  OR
   27  PRIVATE  NONPROFIT  AGENCY FOR THE PURPOSE OF TRANSPORTING PERSONS TO OR
   28  FROM STATE PARKS FOR A RECREATIONAL EXPERIENCE.
   29    4.  IF DEMONSTRATED THAT THE USE OF THE PASS FOR VEHICULAR  ACCESS  IN
   30  PARTICULAR  PARKS  OR  RECREATIONAL FACILITIES IS CONTRARY TO THE PUBLIC
   31  INTEREST, THE OFFICE OR SUCH OTHER STATE AGENCY HAVING JURISDICTION  MAY
   32  PROHIBIT  ITS USE IN SUCH PARTICULAR PARKS OR RECREATIONAL FACILITIES BY
   33  RULE OR REGULATION.
   34    5.  THE OFFICE OR OTHER STATE AGENCY HAVING JURISDICTION  OF  A  STATE
   35  PARK  OR  RECREATIONAL  FACILITY  SHALL  PROMULGATE SUCH RULES AND REGU-
   36  LATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   37    S 2. This act shall take effect January 1, 2012.