A05530 Summary:

BILL NOA05530
 
SAME ASNo Same As
 
SPONSORSalka
 
COSPNSR
 
MLTSPNSR
 
Add 2292, V & T L
 
Relates to the all terrain vehicle or "ATV" trial registration program.
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A05530 Actions:

BILL NOA05530
 
02/13/2019referred to transportation
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A05530 Committee Votes:

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A05530 Floor Votes:

There are no votes for this bill in this legislative session.
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A05530 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5530
 
SPONSOR: Salka
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the all terrain vehicle trial registration program   PURPOSE OR GENERAL IDEA OF BILL: This bill amends the Vehicle and Traffic Law to create a two year trial program in certain counties for the registration of all terrain vehi- cles.   SUMMARY OF PROVISIONS: Section 1 amends the Vehicle and Traffic Law by adding a new section 2292 which creates the all terrain vehicle trial registration program. Subsection 1 provides that the program will be in place for two years and only apply in the counties of Allegany, Jefferson, Oswego, Madison, and the portions of Saint Lawrence and Lewis counties which are located outside of the Adirondack Park. All terrain vehicles (ATVs) weighing up to one thousand five hundred pounds will be allowed to register for the program. Subsection 2 provides that the ATVs registered under this program will be required to have an unobstructed registration number with a plate on the back of the AN. Subsection 3 provides that failure to comply with any part of this section will constitute a non-criminal violation punishable by fines stated in this section. Subsection 4 provides the circumstances under which a police officer or Department of Environmental Conservation enforcement officer may impound an AN. Subsection 5 provides that the parents of minors found in violation of this shall be liable for the fines and penalties enumerated in this section. Subsection 6 provides that the Department of Environmental Conservation is responsible for the enforcement of the provisions in this section. Subsection 7 provides that at the conclusion of this pilot program the Commissioner of Transportation in consultation with the Commissioner of the Department of Environmental Conservation shall assess the program and submit a report to the Legislature and the Governor which includes, but is not limited to, certain items.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: Currently, the law limits the size of ATVs that can be registered to 1,000 pounds or less. Yet, many new ATVs that are currently for sale weigh more than 1,000 pounds. Therefore, many New York State residents cannot register the ATVs they have legally purchased and own. This poses a significant problem for many families and individuals throughout the State. This bill begins to address the issue of not being able to register ATVs that weigh over 1,000 pounds by creating a two year trial registration program, in certain counties, for ATVs that weigh up to 1,500 pounds. Registration of ATVs that are part of this program would require the payment of a registration fee to the State and the display of an unob- structed registration number with a plate on the back of the all terrain vehicle. At the conclusion of the trial registration program the Commissioner of the Department of Transportation, in consultation with the Commissioner of the Department of Environmental Conservation, shall assess the program and submit a report to the Legislature and the Governor" This report shall include, but not be limited to, the environmental impact of the program, the economic impact of the program, the revenue generated by the program and any other considerations as determined by the Commis- sioners. This pilot program, and the assessment at its conclusion, will allow the State to gain a better understanding of the positive results that will occur if ATVs weighing up to 1,500 pounds are able to be registered in New York State.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A.5184 2013-2014: A.7132   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This bill will result in increased revenue for the state because ATVs that were previously unable to be registered can now be registered for a trial registration program.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become law.
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A05530 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5530
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2019
                                       ___________
 
        Introduced  by M. of A. SALKA -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law,  in  relation  to  the  all
          terrain vehicle trial registration program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 2292 to read as follows:
     3    §  2292.  All  terrain  vehicle  trial  registration program. 1. Trial
     4  program. For the counties of Allegany, Oswego,  Jefferson  and  Madison,
     5  and  the  portions of Saint Lawrence and Lewis counties that are located
     6  outside of the Adirondack Park, the department  shall  authorize  a  two
     7  year trial registration program for all terrain vehicles (ATV) of  up to
     8  one thousand five hundred pounds.
     9    2. Such ATVs shall be registered with the department and shall require
    10  a  registration  number with a plate on the back of such vehicles.  Such
    11  plate shall not be obscured  by  glass  or  plastic  and  shall  not  be
    12  obstructed by any part of the vehicle.
    13    3.  Failure to comply with any part of this section shall constitute a
    14  non-criminal violation and shall be punishable by:
    15    (a) a one hundred dollar fine for the first offense;
    16    (b) a one hundred fifty dollar fine for the second offense;
    17    (c) a two hundred fifty dollar fine for a third or subsequent offense.
    18    4. A police officer or enforcement official  from  the  department  of
    19  environmental conservation may impound an ATV for the following reasons:
    20    (a)  operation  of  an  ATV on other than designated routes within the
    21  forest preserve; or
    22    (b) violation of section twenty-two hundred eighty-three of this arti-
    23  cle when such violation  constitutes  both  a  second  offense  of  such
    24  section  and is a violation of section twenty-four hundred three of this
    25  title; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09376-01-9

        A. 5530                             2
 
     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    5.  Parents  of  minors  found  in  violation of this section shall be
     7  liable for such fines and penalties enumerated in this section.
     8    6. The department of  environmental  conservation  shall  enforce  the
     9  provisions of this section.
    10    7.  At  the  conclusion  of  such  pilot  program, the commissioner in
    11  consultation with the commissioner of the  department  of  environmental
    12  conservation  shall assess the program and submit a report to the legis-
    13  lature and the governor which shall include, but not be limited to,  the
    14  environmental  impact  of  such  program,  the  economic  impact of such
    15  program, the revenue generated and other considerations determined to be
    16  relevant by the commissioner and the commissioner of the  department  of
    17  environmental conservation.
    18    §  2.  This  act shall take effect on the thirtieth day after it shall
    19  have become a law.
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A05530 LFIN:

 NO LFIN
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A05530 Chamber Video/Transcript:

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