NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5351
SPONSOR: Angelino
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to use of all
terrain vehicles by certified handicapped individuals on public property
 
PURPOSE OR GENERAL IDEA OF BILL:
Provides that certified handicapped individuals may use an ATV on public
land for transportation purposes only, during the hunting season.
 
SUMMARY OF PROVISIONS:
No person, except persons that are certified handicapped individuals,
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 ATV's 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 individ-
ual may be the operator or a passenger of such vehicle.
 
JUSTIFICATION:
Existing statute forbids an individual to use an ATV to enter public
lands for the purposes of hunting. The sponsor of this legislation
understands that many handicapped individuals have a difficult time
physically in their efforts to reach their hunting destination. Conse-
quently, many who otherwise would enjoy the sport of hunting opt not to
partake in the activity due to their impairment. This bill would provide
these individuals with the opportunity to utilize an ATV for purposes of
entering or exiting public lands, thereby enabling them to enjoy hunting
privileges. Additionally, this bill would ultimately enhance the number
of people entering the ranks of active and participating sportsmen,
thereby increasing state revenue for license sales and serving to
control the ever-increasing deer population.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5351
2021-2022 Regular Sessions
IN ASSEMBLY
February 12, 2021
___________
Introduced by M. of A. ANGELINO -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to use of all
terrain vehicles by certified handicapped individuals on public prop-
erty
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 2403 of the vehicle and traffic
2 law, as added by chapter 402 of the laws of 1986, is amended to read as
3 follows:
4 2. Public lands other than highways. No person, except persons that
5 are certified handicapped individuals, shall operate an ATV on any
6 public lands, waters and property other than a highway, except that an
7 ATV may be operated on any such lands which have been designated and
8 posted for travel by ATVs in accordance with the provisions of section
9 twenty-four hundred five of this article. Persons certified as hand-
10 icapped individuals may utilize an ATV to enter and exit public lands
11 for the purpose of hunting, whereby such individual may be the operator
12 or a passenger of such vehicle.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09160-01-1