A01587 Summary:

BILL NOA01587
 
SAME ASSAME AS S01428
 
SPONSORJones (MS)
 
COSPNSRRichardson, Raia, Blankenbush, Crouch, Montesano, Lawrence, Morinello, Stec
 
MLTSPNSRGiglio, Miller ML
 
Add Art 26 26.01 & 26.03, Pks & Rec L; amd 2282, 2404, 2411 & 2281, add 2414, V & T L; add 99-ff, St Fin L; amd 1-0303 & 9-0303, En Con L
 
Relates to the creation of an ATV trail fund and the use of ATVs.
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A01587 Actions:

BILL NOA01587
 
01/15/2019referred to tourism, parks, arts and sports development
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A01587 Committee Votes:

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A01587 Floor Votes:

There are no votes for this bill in this legislative session.
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A01587 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1587
 
SPONSOR: Jones (MS)
  TITLE OF BILL: 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 trail fund and the use of ATVs   PURPOSE: To create an ATV trail fund and statewide ATV trail system   SUMMARY OF PROVISIONS: Section 1 provides the legislative intent and purpose. Section 2 amends the parks, recreation and historic preservation law by adding a new article 26 establishing the All-Terrain Vehicle Trail Fund. This section sets forth the trail plan the rules and regulations of the trail plan. Section 3 amends § 2282 of the vehicle and traffic law to provide that registration of an ATV is required only for ATVs operated on lands other than those private owned by the ATV owner. Section 4 amends § 2282(4) of the vehicle and traffic law to provide that fees collected pursuant to this section shall be deposited into the ATV fund established pursuant to § 99-x of the state finance law, and used only for those purposes enumerated in such section. Section 5 amends § 2282(12) of the vehicle and traffic law to provide that non-resident owners must pay an annual registration fee for ATVs operated on lands other than those privately owned by the ATV owner. Section 6 amends § 2404 of the vehicle and traffic law to provide that no person shall operate an ATV at a rate of speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, or faster than fifty-five miles per hour; nor on private lands unless expressly permitted; nor while filing or refusing to comply with law enforcement. This section also provides than an operator of an ATV shall keep the ATV lights on between sunset and sunrise, wear a helmet, and comply with the rules of road. Section 7 amends § 2411 of the vehicle and traffic law to provide that an owner of an ATV must insure the ATV if the ATV is operated in this state on lands other than those privately owned by the ATV owner. This section also provides the duties of ATV owners. Section 8 amends the state finance law by adding a new section 99-nn establishing the ATV trail fund. The trail fund is established in the joint custody of the commissioner of parks, recreation and historic preservation and the comptroller consisting of moneys appropriated ther- eto and the payment of fees pursuant to § 2282 of the vehicle and traf- fic law. This section also provides that 10% of the monies in the ATV trail fund shall be made available for the administrative costs of administering such fund, forty five percent of all monies in the ATV trail fund shall be made available for the maintenance, construction and development of the statewide trail system, and 45% of all moneys in the ATV train fund shall be made available for enforcing and educating the public about the provisions of Article 26 of the parks, recreation, and historic preservation law. Section 9 amends § 2281 of the vehicle and traffic law define "all terrain vehicle" or "ATV" as any self propelled vehicle which is manu- factured 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 thousand eight hundred pounds dry weight. Section 10 amends the vehicle and traffic law by adding a new section 2414 creating ATV trespass violation fines. The money collected from the fines shall be put into the ATV Trail Fund established by § 99-x of the state finance law and shall be split 50% for enforcement, education and remediation, and fifty percent for trail maintenance, construction, and development. Section 11 provides the effective date.   JUSTIFICATION: In order to best organize and sustain an environmentally sensitive statewide system of trails for all terrain vehicles, this legislation creates an ATV trail plan and trail fund. The control and supervision of the trail fund shall be maintained by the Office of Parks, Recreation and Historic preservation upon consultation with the Department of Envi- ronmental Conservation. The Trail Fund is created for the purpose of designating state, municipal, and private lands as part of a statewide network of ATV trails. Fees obtained by the Office of Parks, Recreation and Historic Preservation for the maintenance of the fund shall be divided between enforcement, education, and remediation, and the mainte- nance, construction, and development of the statewide trail system. It is the purpose of this act to promote the safe and proper use of all- terrain vehicles for recreation and commerce in this state by encourag- ing their use and development, while minimizing detrimental effects of such use upon the environment.   LEGISLATIVE HISTORY: 01/08/18 A.8908 referred to tourism, parks, arts and sports development 02/28/18 A.8908 amend and recommit to tourism, parks, arts and sports development 02/28/18 print number 8908a 2016: S.5821-A/A.8399S   FISCAL IMPLICATIONS: Potential for increased revenue   EFFECTIVE DATE: This act shall take effect immediately.
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A01587 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1587
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2019
                                       ___________
 
        Introduced  by  M.  of  A. JONES, RICHARDSON, RAIA, BLANKENBUSH, CROUCH,
          MONTESANO, LAWRENCE, MORINELLO --  Multi-Sponsored  by  --  M.  of  A.
          GIGLIO,  M. L. MILLER  --  read  once and referred to the Committee on
          Tourism, Parks, Arts and Sports Development
 
        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 trail 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 sensitive statewide system of trails for
     3  all terrain vehicles, the legislature hereby creates an ATV trail  fund.
     4  The control and supervision of the trail fund shall be maintained by the
     5  office  of parks, recreation and historic preservation upon consultation
     6  with the department of environmental conservation.  The  trail  fund  is
     7  created  for  the  purpose  of  designating state, municipal and private
     8  lands as part of a statewide network of ATV trails. Fees obtained by the
     9  office of parks, recreation and historic preservation  for  the  mainte-
    10  nance  of  the  trail  fund  shall  be  divided  between administration,
    11  enforcement, education and remediation and maintenance, construction and
    12  development of the statewide trail system.  It is the  purpose  of  this
    13  act  to  promote  the  safe  and  proper use of all terrain vehicles for
    14  recreation and commerce in this  state  by  encouraging  their  use  and
    15  development,  while  minimizing detrimental effects of such use upon the
    16  environment.
    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:
    19                                 ARTICLE 26
    20                       ALL-TERRAIN VEHICLE TRAIL FUND
    21  Section 26.01 Trail plan.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03003-01-9

        A. 1587                             2
 
     1          26.03 Rules and regulations.
     2    §  26.01 Trail plan. The department shall prepare a statewide all-ter-
     3  rain vehicle trail plan providing for recreational use of  "all  terrain
     4  vehicles"  or  "ATVs"  on  permitted  state  and municipal lands and ATV
     5  designated trails on private lands to establish a statewide  network  of
     6  ATV  trails.  For  purposes  of this article, "ATV" means an all terrain
     7  vehicle as defined in section twenty-two hundred eighty-one of the vehi-
     8  cle and traffic law.
     9    § 26.03 Rules and regulations.  1.  The  department  shall  promulgate
    10  regulations  for  the  use of ATVs with a view towards achieving maximum
    11  use of ATVs and minimizing the detrimental effect thereof upon the envi-
    12  ronment. Nothing in this section shall prohibit the  department  or  the
    13  department  of  environmental conservation pursuant to section 9-0303 of
    14  the environmental conservation law from authorizing  other  ATV  use  on
    15  state  owned lands.   The commissioner shall adopt rules and regulations
    16  relating to and including, but not limited to the following:
    17    a. Use of ATVs insofar as fish  and  wildlife  resources  and  natural
    18  resources of the state.
    19    b.  Use  of ATVs on public lands under the jurisdiction of the depart-
    20  ment, providing for incorporating recreational and  sportsman  use  into
    21  UMPs developed for such lands.
    22    c. Uniform signs or markers.
    23    d.  Requirements  for  protection of private property or therein occa-
    24  sioned by the use of ATVs.
    25    e. Establishment of a comprehensive ATV information and safety  educa-
    26  tion  and  training program, including provision for the issuance of ATV
    27  operation and safety certificates for  operation  of  ATVs  by  youthful
    28  operators and adult operators without a valid driver's license.
    29    f.  Requirements that new connector trails must comply with state laws
    30  and regulations and, where applicable for state-owned lands, comply with
    31  a unit management plan and be subject to full public  review  and  hear-
    32  ings.
    33    g.  Requirements  for municipalities for the designation of ATV use on
    34  other public lands must be consistent with environmental impact  assess-
    35  ments  as prescribed by 6 NYCRR Part 617, and paragraph b of subdivision
    36  one and paragraph m of subdivision two of  section  3-0301  and  section
    37  8-0113 of the environmental conservation law.
    38    h.  Provisions  for  current  trails and trails pending approval on or
    39  before the effective date of this article are  preserved  in  perpetuity
    40  and  nothing  shall  restrict the use of commissioner policy three (CP3)
    41  permits issued by the department of environmental conservation on  these
    42  trails.
    43    i. Provisions prohibiting the use of ATVs on state owned lands classi-
    44  fied  as  the  following: Albany Pine Bush, Long Island Pine Barrens, or
    45  land or water classified as primitive or canoe pursuant  to  the  master
    46  plan for management of state land.
    47    2. Operation by youthful operators shall be as follows:
    48    a. Persons between ten and fourteen years old must hold a valid safety
    49  certificate and be accompanied by an adult.
    50    b.  Persons  between  fifteen and eighteen years old must hold a valid
    51  safety certificate or driver's license.
    52    § 3. Subdivision 1 of section 2282 of the vehicle and traffic law,  as
    53  amended  by  chapter  402  of  the  laws  of 1986, is amended to read as
    54  follows:
    55    1. Except as hereinafter provided, no person  shall  operate  any  ATV
    56  within  the  state  on lands other than those privately owned by the ATV

        A. 1587                             3
 
     1  owner unless such ATV has been registered  and  numbered  in  accordance
     2  with  the  provisions  of  this article, and the registration number for
     3  such ATV is in full force and effect and  displayed  as  provided  under
     4  this article and regulations promulgated thereunder.
     5    § 4. Paragraph (g) of subdivision 4 of section 2282 of the vehicle and
     6  traffic  law,  as amended by chapter 402 of the laws of 1986, is amended
     7  and a new paragraph (h) is added to read as follows:
     8    (g) Annual fees shall not be prorated and such fees shall be  applica-
     9  ble  to a year or any portion of a year. [Notwithstanding any inconsist-
    10  ent provision of this section, the difference collected between the fees
    11  set forth in paragraphs (a) and (b) of this subdivision in effect on and
    12  after September first, two thousand nine and the fees set forth in  such
    13  paragraphs in effect prior to such date shall be deposited to the credit
    14  of the dedicated highway and bridge trust fund.]
    15    (h)  Fees  collected  pursuant to this section shall be deposited into
    16  the ATV trail fund established pursuant to section ninety-nine-ff of the
    17  state finance law, and used only for those purposes enumerated  in  such
    18  section.
    19    § 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
    20  added by chapter 671 of the laws of 1985, is amended to read as follows:
    21    12.  Out of state ATV registration. (a) The registration provisions of
    22  this article shall not apply to non-resident owners who have  registered
    23  their ATVs in compliance with the registration and licensing laws of the
    24  state, province, district or country of residence, provided that the ATV
    25  is  appropriately identified in accordance with the laws of the state of
    26  residence. The provisions of this subdivision shall not apply to a resi-
    27  dent of another state, province, district or country which does not have
    28  an ATV registration and identification law. Nothing in this  subdivision
    29  shall be construed to authorize the operation of any ATV contrary to the
    30  provisions of this article.
    31    (b)  Non-resident  owners who have registered their ATVs in compliance
    32  with the registration and licensing laws of a jurisdiction  out  of  the
    33  state, or who reside in a jurisdiction which does not have an ATV regis-
    34  tration  and  identification law, shall pay an annual fee, equal to that
    35  provided for pursuant to paragraph  (b)  of  subdivision  four  of  this
    36  section  to  lawfully  operate such ATV in the state on lands other than
    37  those privately owned by the ATV owner.
    38    § 6. Section 2404 of the vehicle and traffic law, as added by  chapter
    39  402  of the laws of 1986, paragraph (e) of subdivision 1 and subdivision
    40  3 as amended by chapter 554 of the laws of 2005, is amended to  read  as
    41  follows:
    42    § 2404. Operating rules. 1. No person shall operate an ATV:
    43    (a)  at  a  rate of speed greater than is reasonable and prudent under
    44  the conditions and having regard to the  actual  and  potential  hazards
    45  then existing or faster than fifty-five miles per hour;
    46    (b)  in a careless, reckless or negligent manner so as to unreasonably
    47  endanger the person or property of another or  cause  injury  or  damage
    48  thereto;
    49    (c) on the tracks or right-of-way of an operating railroad;
    50    (d)  in  any  tree  nursery  or  planting  in a manner that damages or
    51  destroys growing stock, or creates a substantial risk thereto;
    52    (e) while pulling a person on skis or  drawing  or  towing  a  sleigh,
    53  sled, toboggan, inflatable device or trailer which carries or transports
    54  any person unless attached by a rigid support, connection or towbar;
    55    (f) on the frozen surface of public waters: within one hundred feet of
    56  any  person  other  than a person riding on an ATV except at the minimum

        A. 1587                             4

     1  speed required to maintain forward movement of the ATV, nor  within  one
     2  hundred  feet of a fishing shanty or shelter except at the minimum speed
     3  required to maintain forward movement of the ATV nor on  an  area  which
     4  has  been cleared of snow for skating purposes unless the area is neces-
     5  sary for access to the public water;
     6    (g) within one hundred feet of a dwelling  between  midnight  and  six
     7  a.m., at a speed greater than minimum required to maintain forward move-
     8  ment of the ATV;
     9    (h)  on  public  lands, other than highways, or on private property of
    10  another while in an intoxicated condition  or  under  the  influence  of
    11  narcotics or drugs;
    12    (i)  on  state lands under the jurisdiction of the department of envi-
    13  ronmental conservation and on conservation easements under such  depart-
    14  ment's  jurisdiction  or  on  state  lands under the jurisdiction of the
    15  office of parks, recreation and historic preservation, except as specif-
    16  ically authorized by the department of environmental conservation pursu-
    17  ant to section 9-0303 of  the  environmental  conservation  law  and  as
    18  authorized  by the office of parks, recreation and historic preservation
    19  pursuant to article twenty-six of the  parks,  recreation  and  historic
    20  preservation law;
    21    (j) on private lands unless expressly permitted; or
    22    (k) while failing or refusing to comply with law enforcement.
    23    2. The operator of an ATV shall:
    24    (a)  stop  and  yield  to  an  authorized ambulance, civil defense, or
    25  police ATV or police vehicle being operated as an emergency vehicle  and
    26  approaching from any direction;
    27    (b) comply with any lawful order or direction of any police officer or
    28  other person duly empowered to enforce the laws relating to ATVs;
    29    (c) keep the ATV lights on between sunset and sunrise;
    30    (d) wear a helmet;
    31    (e)  comply  with  the  rules of the road including but not limited to
    32  adherence to signage, posted speed limits, traveling on the  right  edge
    33  of the paved/road surface and riding single file.
    34    3. [No person shall ride on or in a sleigh, sled, toboggan, inflatable
    35  device  or  trailer  which  is  being  towed or trailed by an ATV unless
    36  attached by a rigid support, connection or towbar.
    37    4. A person operating an ATV shall ride only upon  the  permanent  and
    38  regular  seat  attached  thereto,  and such operator shall not carry any
    39  other person nor shall any other person ride on an ATV unless  such  ATV
    40  is  designed  to  carry more than one person, in which event a passenger
    41  may ride upon the  permanent  and  regular  seat  if  designed  for  two
    42  persons,  or upon another seat firmly attached to the ATV at the rear or
    43  side of the operator.
    44    5.] For the purposes of title seven of this chapter, an ATV shall be a
    45  motor vehicle and the provisions of such title shall  be  applicable  to
    46  ATVs.
    47    [6.]  4.  Local laws and ordinances. Nothing contained in this article
    48  shall be deemed to limit the  authority  of  a  county,  city,  town  or
    49  village from adopting or amending a local law or ordinance which imposes
    50  stricter  restrictions  and conditions on the operation of ATVs than are
    51  provided or authorized by this section so long  as  such  local  law  or
    52  ordinance  is  consistent  with  its  authority  to  protect  the order,
    53  conduct, health, safety and general welfare of persons or property.
    54    § 7. Section 2411 of the vehicle and traffic law, as added by  chapter
    55  402 of the laws of 1986, is amended to read as follows:

        A. 1587                             5
 
     1    § 2411. 1.  Liability  for  negligence.  Negligence in the use [of] or
     2  operation of an ATV shall be attributable to the owner. Every  owner  of
     3  an ATV used or operated in this state on lands other than those private-
     4  ly  owned by the ATV owner must be insured. Owners of ATVs used or oper-
     5  ated  in  this state shall be liable and responsible for death or injury
     6  to [person] persons or damage to property resulting from  negligence  in
     7  the  use  or operation of such ATV [by any person using or operating the
     8  same with the permission, express or implied, of such  owner,  provided,
     9  however,  that such operator's negligence shall not be attributed to the
    10  owner as to any claim or cause of action accruing to the operator or his
    11  legal representative for such injuries or death].
    12    2. Duties of ATV owners and operators. It is recognized  that  driving
    13  an  ATV  is  a voluntary activity that may be hazardous. It shall be the
    14  duty of ATV owners and operators:
    15    (a) To keep their ATVs in proper working order.
    16    (b) To follow any and all other rules of  conduct  as  are  prescribed
    17  pursuant  to section 26.03 of the parks, recreation and historic preser-
    18  vation law.
    19    (c) Not to operate an ATV in any area not designated for driving ATVs.
    20    (d) Not to operate an ATV beyond the conditions that limit speed.
    21    (e) To familiarize themselves with rules of the trail.
    22    (f) Not to leave the scene of any accident resulting in personal inju-
    23  ry or damage to the property beyond the trail.
    24    § 8. The state finance law is amended by adding a new section 99-ff to
    25  read as follows:
    26    § 99-ff. ATV trail fund. 1. There is hereby established in  the  joint
    27  custody  of the commissioner of parks, recreation and historic preserva-
    28  tion and the comptroller a fund to be known as the "ATV trail fund".
    29    2. The ATV trail fund shall consist of  moneys  appropriated  thereto,
    30  and  funds  transferred  from  any  other  fund  or source including the
    31  payment of fees pursuant to section twenty-two hundred eighty-two of the
    32  vehicle and traffic law.
    33    3. Ten percent of all moneys in the ATV trail fund shall be  available
    34  for  the  administrative  costs  of  administering such fund. Forty-five
    35  percent of all moneys in the ATV trail fund shall be made available  for
    36  the  maintenance,  construction  and  development of the statewide trail
    37  system. Forty-five percent of all moneys in the ATV trail fund shall  be
    38  made  available  for  enforcing  and  educating  the  public  about  the
    39  provisions of article twenty-six of the parks, recreation  and  historic
    40  preservation law.
    41    4.  Monies  shall be payable from the fund on the audit and warrant of
    42  the state comptroller on vouchers approved and certified by the  commis-
    43  sioner of parks, recreation and historic preservation.
    44    § 9. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and
    45  traffic  law,  as amended by chapter 319 of the laws of 1997, is amended
    46  to read as follows:
    47    (a) "All terrain vehicle" or "ATV" means  any  self-propelled  vehicle
    48  which  is  manufactured  for sale for operation primarily on off-highway
    49  trails or off-highway competitions and  only  incidentally  operated  on
    50  public  highways  providing  that  such  vehicle does not exceed seventy
    51  inches in width,  or  one  thousand  five  hundred  pounds  dry  weight.
    52  Provided,  however,  this definition shall not include a "snowmobile" or
    53  other self-propelled vehicles manufactured for  off-highway  use  exclu-
    54  sively  designed  for  travel on snow or ice, steered by skis or runners
    55  and supported in whole or in part by one or more skis, belts  or  cleats
    56  which utilize an endless belt tread.

        A. 1587                             6
 
     1    §  10.  The vehicle and traffic law is amended by adding a new section
     2  2414 to read as follows:
     3    §  2414.  Trespass  violation  fine. Operators of ATVs which have been
     4  cited for trespass shall be  fined  one  hundred  dollars  for  a  first
     5  violation;  two  hundred  dollars  for  a  second violation within three
     6  hundred sixty-five days of  the  initial  violation;  and  five  hundred
     7  dollars  for  subsequent violations within three hundred sixty-five days
     8  of the initial violation. The money collected from the  fines  shall  be
     9  put into the ATV trail fund established by section ninety-nine-ff of the
    10  state  finance  law  and  shall  be split fifty percent for enforcement,
    11  education and remediation and the other fifty percent for trail  mainte-
    12  nance and trail construction and development.
    13    §  11. Section 1-0303 of the environmental conservation law is amended
    14  by adding four new subdivisions 26, 27, 28, and 29 to read as follows:
    15    26. "All terrain vehicle" or "ATV" shall have the meaning set forth in
    16  paragraph (a) of subdivision one of section twenty-two  hundred  eighty-
    17  one of the vehicle and traffic law.
    18    27.  "Connector  trail" shall mean a public highway or portion thereof
    19  open for travel by ATVs, any trails or portions thereof; and any  exist-
    20  ing railroad beds and private roads or portions thereof.
    21    28.  "Private  road"  shall  have the meaning set forth in section one
    22  hundred thirty-three of the vehicle and traffic law.
    23    29. "Public highway" shall have the meaning set forth in  section  one
    24  hundred thirty-four of the vehicle and traffic law.
    25    §  12. Section 9-0303 of the environmental conservation law is amended
    26  by adding a new subdivision 8 to read as follows:
    27    8. All terrain vehicles. a. The public use  of  ATVs,  as  defined  in
    28  paragraph  (a)  of subdivision one of section twenty-two hundred eighty-
    29  one of the vehicle and traffic law, on state  lands  under  the  depart-
    30  ment's jurisdiction and on conservation easements under the department's
    31  jurisdiction  is  prohibited  except  as  specifically authorized by the
    32  department in consultation with the  office  of  parks,  recreation  and
    33  historic preservation pursuant to this subdivision.
    34    b.  After April first, two thousand twenty, the department, in consul-
    35  tation with the office of parks, recreation  and  historic  preservation
    36  may  authorize  the  public  use of ATVs on forest preserve lands by the
    37  general public both inside and outside the boundaries of the  Adirondack
    38  park  or  Catskill park and on other state-owned lands under the depart-
    39  ment's jurisdiction which are  located  within  the  boundaries  of  the
    40  Adirondack park or the Catskill park for connector trails only.
    41    c.  Connector  trails  on  forest preserve lands inside the Adirondack
    42  park boundary:
    43    i. shall follow the  shortest  reasonable  route  that  is  reasonably
    44  protective of the environment and wildlife;
    45    ii. shall not individually exceed one and one-half mile in length; and
    46    iii.  shall  not exceed a total mileage of forty-five and such mileage
    47  shall be administered by the department; provided, however, that in  the
    48  event  that  the total area of the Adirondack Park is expanded after the
    49  effective date of this subdivision, such forty-five total mileage  limi-
    50  tation  shall  be expanded to reflect the ratio that forty-five miles is
    51  to the total acreage of such park on April first, two thousand twenty.
    52    Provided, however, connector trails in use prior to the effective date
    53  of this subdivision may remain in use. Connector  trails  not  exceeding
    54  the mileage limits established by this subdivision may be extended.
    55    d.  The  department  may,  in  consultation  with the office of parks,
    56  recreation and historic preservation, authorize the public use  of  ATVs

        A. 1587                             7
 
     1  on  public  highways  on  conservation  easements held by the department
     2  where such easements include the  right  to  allow  such  use  and  such
     3  authorization  is in compliance with the requirements of subdivision one
     4  of  section  twenty-four hundred five of the vehicle and traffic law and
     5  other applicable law, and may, in consultation with the office of parks,
     6  recreation and historic preservation, authorize the public use  of  ATVs
     7  on  ATV  trails  and private roads on conservation easements held by the
     8  department where such easements include the right to allow such use  and
     9  such authorization is in compliance with the requirements of subdivision
    10  two  of  section twenty-four hundred five of the vehicle and traffic law
    11  and other applicable law.
    12    e. On state lands under the jurisdiction of the department other  than
    13  those  described  in paragraphs a and b of this subdivision, the depart-
    14  ment may, in consultation with  the  office  of  parks,  recreation  and
    15  historic  preservation,  authorize  the public use of ATVs in compliance
    16  with the requirements of section twenty-four hundred five of the vehicle
    17  and traffic law and other applicable law.
    18    f. Persons with qualifying disabilities to  whom  the  department  has
    19  issued a permit and a companion may use ATVs at the locations authorized
    20  by  such permit and pursuant to the terms and conditions of such permit.
    21  Such authorization shall comply with the requirements of  section  twen-
    22  ty-four hundred five of the vehicle and traffic law and other applicable
    23  law.
    24    g.  ATVs may be used on state land under the department's jurisdiction
    25  for appropriate administrative, law enforcement, and emergency purposes.
    26    h. The provisions of this subdivision shall only apply to lands within
    27  the boundaries of the Adirondack park and the Catskill park or under the
    28  jurisdiction of the department on or before January first, two  thousand
    29  twenty.
    30    § 13. This act shall take effect immediately.
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A01587 Chamber Video/Transcript:

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