S01428 Summary:

BILL NOS01428
 
SAME ASSAME AS A01587
 
SPONSORRITCHIE
 
COSPNSRGRIFFO
 
MLTSPNSR
 
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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S01428 Actions:

BILL NOS01428
 
01/14/2019REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
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S01428 Committee Votes:

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S01428 Floor Votes:

There are no votes for this bill in this legislative session.
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S01428 Memo:

Memo not available
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S01428 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1428
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  Sens. RITCHIE, GRIFFO -- 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, 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.
    22          26.03 Rules and regulations.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03003-01-9

        S. 1428                             2
 
     1    § 26.01 Trail plan. The department shall prepare a statewide  all-ter-
     2  rain  vehicle  trail plan providing for recreational use of "all terrain
     3  vehicles" or "ATVs" on permitted  state  and  municipal  lands  and  ATV
     4  designated  trails  on private lands to establish a statewide network of
     5  ATV  trails.  For  purposes  of this article, "ATV" means an all terrain
     6  vehicle as defined in section twenty-two hundred eighty-one of the vehi-
     7  cle and traffic law.
     8    § 26.03 Rules and regulations.  1.  The  department  shall  promulgate
     9  regulations  for  the  use of ATVs with a view towards achieving maximum
    10  use of ATVs and minimizing the detrimental effect thereof upon the envi-
    11  ronment. Nothing in this section shall prohibit the  department  or  the
    12  department  of  environmental conservation pursuant to section 9-0303 of
    13  the environmental conservation law from authorizing  other  ATV  use  on
    14  state  owned lands.   The commissioner shall adopt rules and regulations
    15  relating to and including, but not limited to the following:
    16    a. Use of ATVs insofar as fish  and  wildlife  resources  and  natural
    17  resources of the state.
    18    b.  Use  of ATVs on public lands under the jurisdiction of the depart-
    19  ment, providing for incorporating recreational and  sportsman  use  into
    20  UMPs developed for such lands.
    21    c. Uniform signs or markers.
    22    d.  Requirements  for  protection of private property or therein occa-
    23  sioned by the use of ATVs.
    24    e. Establishment of a comprehensive ATV information and safety  educa-
    25  tion  and  training program, including provision for the issuance of ATV
    26  operation and safety certificates for  operation  of  ATVs  by  youthful
    27  operators and adult operators without a valid driver's license.
    28    f.  Requirements that new connector trails must comply with state laws
    29  and regulations and, where applicable for state-owned lands, comply with
    30  a unit management plan and be subject to full public  review  and  hear-
    31  ings.
    32    g.  Requirements  for municipalities for the designation of ATV use on
    33  other public lands must be consistent with environmental impact  assess-
    34  ments  as prescribed by 6 NYCRR Part 617, and paragraph b of subdivision
    35  one and paragraph m of subdivision two of  section  3-0301  and  section
    36  8-0113 of the environmental conservation law.
    37    h.  Provisions  for  current  trails and trails pending approval on or
    38  before the effective date of this article are  preserved  in  perpetuity
    39  and  nothing  shall  restrict the use of commissioner policy three (CP3)
    40  permits issued by the department of environmental conservation on  these
    41  trails.
    42    i. Provisions prohibiting the use of ATVs on state owned lands classi-
    43  fied  as  the  following: Albany Pine Bush, Long Island Pine Barrens, or
    44  land or water classified as primitive or canoe pursuant  to  the  master
    45  plan for management of state land.
    46    2. Operation by youthful operators shall be as follows:
    47    a. Persons between ten and fourteen years old must hold a valid safety
    48  certificate and be accompanied by an adult.
    49    b.  Persons  between  fifteen and eighteen years old must hold a valid
    50  safety certificate or driver's license.
    51    § 3. Subdivision 1 of section 2282 of the vehicle and traffic law,  as
    52  amended  by  chapter  402  of  the  laws  of 1986, is amended to read as
    53  follows:
    54    1. Except as hereinafter provided, no person  shall  operate  any  ATV
    55  within  the  state  on lands other than those privately owned by the ATV
    56  owner unless such ATV has been registered  and  numbered  in  accordance

        S. 1428                             3
 
     1  with  the  provisions  of  this article, and the registration number for
     2  such ATV is in full force and effect and  displayed  as  provided  under
     3  this article and regulations promulgated thereunder.
     4    § 4. Paragraph (g) of subdivision 4 of section 2282 of the vehicle and
     5  traffic  law,  as amended by chapter 402 of the laws of 1986, is amended
     6  and a new paragraph (h) is added to read as follows:
     7    (g) Annual fees shall not be prorated and such fees shall be  applica-
     8  ble  to a year or any portion of a year. [Notwithstanding any inconsist-
     9  ent provision of this section, the difference collected between the fees
    10  set forth in paragraphs (a) and (b) of this subdivision in effect on and
    11  after September first, two thousand nine and the fees set forth in  such
    12  paragraphs in effect prior to such date shall be deposited to the credit
    13  of the dedicated highway and bridge trust fund.]
    14    (h)  Fees  collected  pursuant to this section shall be deposited into
    15  the ATV trail fund established pursuant to section ninety-nine-ff of the
    16  state finance law, and used only for those purposes enumerated  in  such
    17  section.
    18    § 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
    19  added by chapter 671 of the laws of 1985, is amended to read as follows:
    20    12.  Out of state ATV registration. (a) The registration provisions of
    21  this article shall not apply to non-resident owners who have  registered
    22  their ATVs in compliance with the registration and licensing laws of the
    23  state, province, district or country of residence, provided that the ATV
    24  is  appropriately identified in accordance with the laws of the state of
    25  residence. The provisions of this subdivision shall not apply to a resi-
    26  dent of another state, province, district or country which does not have
    27  an ATV registration and identification law. Nothing in this  subdivision
    28  shall be construed to authorize the operation of any ATV contrary to the
    29  provisions of this article.
    30    (b)  Non-resident  owners who have registered their ATVs in compliance
    31  with the registration and licensing laws of a jurisdiction  out  of  the
    32  state, or who reside in a jurisdiction which does not have an ATV regis-
    33  tration  and  identification law, shall pay an annual fee, equal to that
    34  provided for pursuant to paragraph  (b)  of  subdivision  four  of  this
    35  section  to  lawfully  operate such ATV in the state on lands other than
    36  those privately owned by the ATV owner.
    37    § 6. Section 2404 of the vehicle and traffic law, as added by  chapter
    38  402  of the laws of 1986, paragraph (e) of subdivision 1 and subdivision
    39  3 as amended by chapter 554 of the laws of 2005, is amended to  read  as
    40  follows:
    41    § 2404. Operating rules. 1. No person shall operate an ATV:
    42    (a)  at  a  rate of speed greater than is reasonable and prudent under
    43  the conditions and having regard to the  actual  and  potential  hazards
    44  then existing or faster than fifty-five miles per hour;
    45    (b)  in a careless, reckless or negligent manner so as to unreasonably
    46  endanger the person or property of another or  cause  injury  or  damage
    47  thereto;
    48    (c) on the tracks or right-of-way of an operating railroad;
    49    (d)  in  any  tree  nursery  or  planting  in a manner that damages or
    50  destroys growing stock, or creates a substantial risk thereto;
    51    (e) while pulling a person on skis or  drawing  or  towing  a  sleigh,
    52  sled, toboggan, inflatable device or trailer which carries or transports
    53  any person unless attached by a rigid support, connection or towbar;
    54    (f) on the frozen surface of public waters: within one hundred feet of
    55  any  person  other  than a person riding on an ATV except at the minimum
    56  speed required to maintain forward movement of the ATV, nor  within  one

        S. 1428                             4

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

        S. 1428                             5
 
     1  an ATV used or operated in this state on lands other than those private-
     2  ly owned by the ATV owner must be insured. Owners of ATVs used or  oper-
     3  ated  in  this state shall be liable and responsible for death or injury
     4  to  [person]  persons or damage to property resulting from negligence in
     5  the use or operation of such ATV [by any person using or  operating  the
     6  same  with  the permission, express or implied, of such owner, provided,
     7  however, that such operator's negligence shall not be attributed to  the
     8  owner as to any claim or cause of action accruing to the operator or his
     9  legal representative for such injuries or death].
    10    2.  Duties  of ATV owners and operators. It is recognized that driving
    11  an ATV is a voluntary activity that may be hazardous. It  shall  be  the
    12  duty of ATV owners and operators:
    13    (a) To keep their ATVs in proper working order.
    14    (b)  To  follow  any  and all other rules of conduct as are prescribed
    15  pursuant to section 26.03 of the parks, recreation and historic  preser-
    16  vation law.
    17    (c) Not to operate an ATV in any area not designated for driving ATVs.
    18    (d) Not to operate an ATV beyond the conditions that limit speed.
    19    (e) To familiarize themselves with rules of the trail.
    20    (f) Not to leave the scene of any accident resulting in personal inju-
    21  ry or damage to the property beyond the trail.
    22    § 8. The state finance law is amended by adding a new section 99-ff to
    23  read as follows:
    24    §  99-ff.  ATV trail fund. 1. There is hereby established in the joint
    25  custody of the commissioner of parks, recreation and historic  preserva-
    26  tion and the comptroller a fund to be known as the "ATV trail fund".
    27    2.  The  ATV  trail fund shall consist of moneys appropriated thereto,
    28  and funds transferred from  any  other  fund  or  source  including  the
    29  payment of fees pursuant to section twenty-two hundred eighty-two of the
    30  vehicle and traffic law.
    31    3.  Ten percent of all moneys in the ATV trail fund shall be available
    32  for the administrative costs  of  administering  such  fund.  Forty-five
    33  percent  of all moneys in the ATV trail fund shall be made available for
    34  the maintenance, construction and development  of  the  statewide  trail
    35  system.  Forty-five percent of all moneys in the ATV trail fund shall be
    36  made  available  for  enforcing  and  educating  the  public  about  the
    37  provisions  of  article twenty-six of the parks, recreation and historic
    38  preservation law.
    39    4. Monies shall be payable from the fund on the audit and  warrant  of
    40  the  state comptroller on vouchers approved and certified by the commis-
    41  sioner of parks, recreation and historic preservation.
    42    § 9. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and
    43  traffic law, as amended by chapter 319 of the laws of 1997,  is  amended
    44  to read as follows:
    45    (a)  "All  terrain  vehicle" or "ATV" means any self-propelled vehicle
    46  which is manufactured for sale for operation  primarily  on  off-highway
    47  trails  or  off-highway  competitions  and only incidentally operated on
    48  public highways providing that such  vehicle  does  not  exceed  seventy
    49  inches  in  width,  or  one  thousand  five  hundred  pounds dry weight.
    50  Provided, however, this definition shall not include a  "snowmobile"  or
    51  other  self-propelled  vehicles  manufactured for off-highway use exclu-
    52  sively designed for travel on snow or ice, steered by  skis  or  runners
    53  and  supported  in whole or in part by one or more skis, belts or cleats
    54  which utilize an endless belt tread.
    55    § 10. The vehicle and traffic law is amended by adding a  new  section
    56  2414 to read as follows:

        S. 1428                             6
 
     1    §  2414.  Trespass  violation  fine. Operators of ATVs which have been
     2  cited for trespass shall be  fined  one  hundred  dollars  for  a  first
     3  violation;  two  hundred  dollars  for  a  second violation within three
     4  hundred sixty-five days of  the  initial  violation;  and  five  hundred
     5  dollars  for  subsequent violations within three hundred sixty-five days
     6  of the initial violation. The money collected from the  fines  shall  be
     7  put into the ATV trail fund established by section ninety-nine-ff of the
     8  state  finance  law  and  shall  be split fifty percent for enforcement,
     9  education and remediation and the other fifty percent for trail  mainte-
    10  nance and trail construction and development.
    11    §  11. Section 1-0303 of the environmental conservation law is amended
    12  by adding four new subdivisions 26, 27, 28, and 29 to read as follows:
    13    26. "All terrain vehicle" or "ATV" shall have the meaning set forth in
    14  paragraph (a) of subdivision one of section twenty-two  hundred  eighty-
    15  one of the vehicle and traffic law.
    16    27.  "Connector  trail" shall mean a public highway or portion thereof
    17  open for travel by ATVs, any trails or portions thereof; and any  exist-
    18  ing railroad beds and private roads or portions thereof.
    19    28.  "Private  road"  shall  have the meaning set forth in section one
    20  hundred thirty-three of the vehicle and traffic law.
    21    29. "Public highway" shall have the meaning set forth in  section  one
    22  hundred thirty-four of the vehicle and traffic law.
    23    §  12. Section 9-0303 of the environmental conservation law is amended
    24  by adding a new subdivision 8 to read as follows:
    25    8. All terrain vehicles. a. The public use  of  ATVs,  as  defined  in
    26  paragraph  (a)  of subdivision one of section twenty-two hundred eighty-
    27  one of the vehicle and traffic law, on state  lands  under  the  depart-
    28  ment's jurisdiction and on conservation easements under the department's
    29  jurisdiction  is  prohibited  except  as  specifically authorized by the
    30  department in consultation with the  office  of  parks,  recreation  and
    31  historic preservation pursuant to this subdivision.
    32    b.  After April first, two thousand twenty, the department, in consul-
    33  tation with the office of parks, recreation  and  historic  preservation
    34  may  authorize  the  public  use of ATVs on forest preserve lands by the
    35  general public both inside and outside the boundaries of the  Adirondack
    36  park  or  Catskill park and on other state-owned lands under the depart-
    37  ment's jurisdiction which are  located  within  the  boundaries  of  the
    38  Adirondack park or the Catskill park for connector trails only.
    39    c.  Connector  trails  on  forest preserve lands inside the Adirondack
    40  park boundary:
    41    i. shall follow the  shortest  reasonable  route  that  is  reasonably
    42  protective of the environment and wildlife;
    43    ii. shall not individually exceed one and one-half mile in length; and
    44    iii.  shall  not exceed a total mileage of forty-five and such mileage
    45  shall be administered by the department; provided, however, that in  the
    46  event  that  the total area of the Adirondack Park is expanded after the
    47  effective date of this subdivision, such forty-five total mileage  limi-
    48  tation  shall  be expanded to reflect the ratio that forty-five miles is
    49  to the total acreage of such park on April first, two thousand twenty.
    50    Provided, however, connector trails in use prior to the effective date
    51  of this subdivision may remain in use. Connector  trails  not  exceeding
    52  the mileage limits established by this subdivision may be extended.
    53    d.  The  department  may,  in  consultation  with the office of parks,
    54  recreation and historic preservation, authorize the public use  of  ATVs
    55  on  public  highways  on  conservation  easements held by the department
    56  where such easements include the  right  to  allow  such  use  and  such

        S. 1428                             7

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