S T A T E   O F   N E W   Y O R K
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                                 8399--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2015
                               ___________

Introduced  by M. of A. BRINDISI, DUPREY, BLANKENBUSH -- Multi-Sponsored
  by -- M. of A.  BARCLAY -- read once and referred to the Committee  on
  Tourism,  Parks,  Arts  and  Sports  Development -- recommitted to the
  Committee on Tourism, Parks, Arts and Sports Development in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the parks, recreation and historic preservation law, the
  vehicle  and traffic law and the state finance law, in relation to the
  creation of an ATV trail fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative intent and purpose. In order to best organize
and sustain an environmentally sensitive statewide system of trails  for
all  terrain vehicles, the legislature hereby creates an ATV 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  environmental 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 mainte-
nance of  the  trail  fund  shall  be  divided  between  administration,
enforcement, education and remediation and maintenance, 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 encouraging their use and
development, while minimizing detrimental effects of such use  upon  the
environment.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new article 26 to read as follows:
                               ARTICLE 26
                     ALL-TERRAIN VEHICLE TRAIL FUND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10167-10-6
              

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SECTION 26.01 TRAIL PLAN.
        26.03 RULES AND REGULATIONS.
  S  26.01 TRAIL PLAN. THE DEPARTMENT SHALL PREPARE A STATEWIDE ALL-TER-
RAIN VEHICLE TRAIL PLAN PROVIDING FOR RECREATIONAL USE OF  "ALL  TERRAIN
VEHICLES"  OR  "ATVS"  ON  PERMITTED  STATE  AND MUNICIPAL LANDS AND ATV
DESIGNATED TRAILS ON PRIVATE LANDS TO ESTABLISH A STATEWIDE  NETWORK  OF
ATV  TRAILS.  FOR  PURPOSES  OF THIS ARTICLE, "ATV" MEANS AN ALL TERRAIN
VEHICLE AS DEFINED IN SECTION TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHI-
CLE AND TRAFFIC LAW.
  S 26.03 RULES AND REGULATIONS.  1.  THE  DEPARTMENT  SHALL  PROMULGATE
REGULATIONS  FOR  THE  USE OF ATVS WITH A VIEW TOWARDS ACHIEVING MAXIMUM
USE OF ATVS AND MINIMIZING THE DETRIMENTAL EFFECT THEREOF UPON THE ENVI-
RONMENT. NOTHING IN THIS SECTION  SHALL  PROHIBIT  THE  DEPARTMENT  FROM
AUTHORIZING  OTHER ATV USE ON STATE OWNED LANDS.  THE COMMISSIONER SHALL
ADOPT RULES AND REGULATIONS RELATING TO AND INCLUDING, BUT  NOT  LIMITED
TO THE FOLLOWING:
  A.  USE  OF  ATVS  INSOFAR  AS FISH AND WILDLIFE RESOURCES AND NATURAL
RESOURCES OF THE STATE.
  B. USE OF ATVS ON PUBLIC LANDS UNDER THE JURISDICTION OF  THE  DEPART-
MENT,  PROVIDING  FOR  INCORPORATING RECREATIONAL AND SPORTSMAN USE INTO
UMPS DEVELOPED FOR SUCH LANDS.
  C. UNIFORM SIGNS OR MARKERS.
  D. REQUIREMENTS FOR PROTECTION OF PRIVATE PROPERTY  OR  THEREIN  OCCA-
SIONED BY THE USE OF ATVS.
  E.  ESTABLISHMENT OF A COMPREHENSIVE ATV INFORMATION AND SAFETY EDUCA-
TION AND TRAINING PROGRAM, INCLUDING PROVISION FOR THE ISSUANCE  OF  ATV
OPERATION  AND  SAFETY  CERTIFICATES  FOR  OPERATION OF ATVS BY YOUTHFUL
OPERATORS AND ADULT OPERATORS WITHOUT A VALID DRIVER'S LICENSE.
  F. REQUIREMENTS THAT NEW CONNECTOR TRAILS MUST COMPLY WITH STATE  LAWS
AND REGULATIONS AND, WHERE APPLICABLE FOR STATE-OWNED LANDS, COMPLY WITH
A  UNIT  MANAGEMENT  PLAN AND BE SUBJECT TO FULL PUBLIC REVIEW AND HEAR-
INGS.
  G. REQUIREMENTS FOR MUNICIPALITIES FOR THE DESIGNATION OF ATV  USE  ON
OTHER  PUBLIC LANDS MUST BE CONSISTENT WITH ENVIRONMENTAL IMPACT ASSESS-
MENTS AS PRESCRIBED BY 6 NYCRR PART 617, AND PARAGRAPH B OF  SUBDIVISION
ONE  AND  PARAGRAPH  M  OF SUBDIVISION TWO OF SECTION 3-0301 AND SECTION
8-0113 OF THE ENVIRONMENTAL CONSERVATION LAW.
  H. PROVISIONS FOR CURRENT TRAILS AND TRAILS  PENDING  APPROVAL  ON  OR
BEFORE  THE  EFFECTIVE  DATE OF THIS ARTICLE ARE PRESERVED IN PERPETUITY
AND NOTHING SHALL RESTRICT THE USE OF COMMISSIONER  POLICY  THREE  (CP3)
PERMITS  ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THESE
TRAILS.
  I. PROVISIONS PROHIBITING THE USE OF ATVS ON STATE OWNED LANDS CLASSI-
FIED AS THE FOLLOWING: ALBANY PINE BUSH, LONG ISLAND  PINE  BARRENS,  OR
LAND  OR  WATER  CLASSIFIED AS PRIMITIVE OR CANOE PURSUANT TO THE MASTER
PLAN FOR MANAGEMENT OF STATE LAND.
  2. OPERATION BY YOUTHFUL OPERATORS SHALL BE AS FOLLOWS:
  A. PERSONS BETWEEN TEN AND FOURTEEN YEARS OLD MUST HOLD A VALID SAFETY
CERTIFICATE AND BE ACCOMPANIED BY AN ADULT.
  B. PERSONS BETWEEN FIFTEEN AND EIGHTEEN YEARS OLD MUST  HOLD  A  VALID
SAFETY CERTIFICATE OR DRIVER'S LICENSE.
  S  3. Subdivision 1 of section 2282 of the vehicle and traffic law, as
amended by chapter 402 of the  law  of  1986,  is  amended  to  read  as
follows:
  1.  Except  as  hereinafter  provided, no person shall operate any ATV
within the state ON LANDS OTHER THAN THOSE PRIVATELY OWNED  BY  THE  ATV

A. 8399--A                          3

OWNER  unless  such  ATV  has been registered and numbered in accordance
with the provisions of this article, and  the  registration  number  for
such  ATV  is  in  full force and effect and displayed as provided under
this article and regulations promulgated thereunder.
  S 4. Paragraph (g) of subdivision 4 of section 2282 of the vehicle and
traffic  law,  as amended by chapter 402 of the laws of 1986, is amended
and a new paragraph (h) is added to read as follows:
  (g) Annual fees shall not be prorated and such fees shall be  applica-
ble  to a year or any portion of a year. [Notwithstanding any inconsist-
ent provision of this section, the difference collected between the fees
set forth in paragraphs (a) and (b) of this subdivision in effect on and
after September first, two thousand nine and the fees set forth in  such
paragraphs in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.]
  (H)  FEES  COLLECTED  PURSUANT TO THIS SECTION SHALL BE DEPOSITED INTO
THE ATV TRAIL FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Y OF  THE
STATE  FINANCE  LAW, AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SUCH
SECTION.
  S 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
added by chapter 671 of the laws of 1985, is amended to read as follows:
  12. Out of state ATV registration. (A) The registration provisions  of
this  article shall not apply to non-resident owners who have registered
their ATVs in compliance with the registration and licensing laws of the
state, province, district or country of residence, provided that the ATV
is appropriately identified in accordance with the laws of the state  of
residence. The provisions of this subdivision shall not apply to a resi-
dent of another state, province, district or country which does not have
an  ATV registration and identification law. Nothing in this subdivision
shall be construed to authorize the operation of any ATV contrary to the
provisions of this article.
  (B) NON-RESIDENT OWNERS WHO HAVE REGISTERED THEIR ATVS  IN  COMPLIANCE
WITH  THE  REGISTRATION  AND LICENSING LAWS OF A JURISDICTION OUT OF THE
STATE, OR WHO RESIDE IN A JURISDICTION WHICH DOES NOT HAVE AN ATV REGIS-
TRATION AND IDENTIFICATION LAW, SHALL PAY AN ANNUAL FEE, EQUAL  TO  THAT
PROVIDED  FOR  PURSUANT  TO  PARAGRAPH  (B)  OF SUBDIVISION FOUR OF THIS
SECTION TO LAWFULLY OPERATE SUCH ATV IN THE STATE ON  LANDS  OTHER  THAN
THOSE PRIVATELY OWNED BY THE ATV OWNER.
  S  6. Section 2404 of the vehicle and traffic law, as added by chapter
402 of the laws of 1986, paragraph (e) of subdivision 1 and  subdivision
3  as  amended by chapter 554 of the laws of 2005, is amended to read as
follows:
  S 2404. Operating rules. 1. No person shall operate an ATV:
  (a) 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;
  (b) in a careless, reckless or negligent manner so as to  unreasonably
endanger  the  person  or  property of another or cause injury or damage
thereto;
  (c) on the tracks or right-of-way of an operating railroad;
  (d) in any tree nursery or  planting  in  a  manner  that  damages  or
destroys growing stock, or creates a substantial risk thereto;
  (e)  while  pulling  a  person  on skis or drawing or towing a sleigh,
sled, toboggan, inflatable device or trailer which carries or transports
any person unless attached by a rigid support, connection or towbar;
  (f) on the frozen surface of public waters: within one hundred feet of
any person other than a person riding on an ATV except  at  the  minimum

A. 8399--A                          4

speed  required  to maintain forward movement of the ATV, nor within one
hundred feet of a fishing shanty or shelter except at the minimum  speed
required  to  maintain  forward movement of the ATV nor on an area which
has  been cleared of snow for skating purposes unless the area is neces-
sary for access to the public water;
  (g) within one hundred feet of a dwelling  between  midnight  and  six
a.m., at a speed greater than minimum required to maintain forward move-
ment of the ATV;
  (h)  on  public  lands, other than highways, or on private property of
another while in an intoxicated condition  or  under  the  influence  of
narcotics or drugs;
  (I) ON PRIVATE LANDS UNLESS EXPRESSLY PERMITTED; OR
  (J) WHILE FAILING OR REFUSING TO COMPLY WITH LAW ENFORCEMENT.
  2. The operator of an ATV shall:
  (a)  stop  and  yield  to  an  authorized ambulance, civil defense, or
police ATV or police vehicle being operated as an emergency vehicle  and
approaching from any direction;
  (b) comply with any lawful order or direction of any police officer or
other person duly empowered to enforce the laws relating to ATVs;
  (C) KEEP THE ATV LIGHTS ON BETWEEN SUNSET AND SUNRISE;
  (D) WEAR A HELMET;
  (E)  COMPLY  WITH  THE  RULES OF THE ROAD INCLUDING BUT NOT LIMITED TO
ADHERENCE TO SIGNAGE, POSTED SPEED LIMITS, TRAVELING ON THE  RIGHT  EDGE
OF THE PAVED/ROAD SURFACE AND RIDING SINGLE FILE.
  3. [No person shall ride on or in a sleigh, sled, toboggan, inflatable
device  or  trailer  which  is  being  towed or trailed by an ATV unless
attached by a rigid support, connection or towbar.
  4. A person operating an ATV shall ride only upon  the  permanent  and
regular  seat  attached  thereto,  and such operator shall not carry any
other person nor shall any other person ride on an ATV unless  such  ATV
is  designed  to  carry more than one person, in which event a passenger
may ride upon the  permanent  and  regular  seat  if  designed  for  two
persons,  or upon another seat firmly attached to the ATV at the rear or
side of the operator.
  5.] For the purposes of title seven of this chapter, an ATV shall be a
motor vehicle and the provisions of such title shall  be  applicable  to
ATVs.
  [6.]  4.  Local laws and ordinances. Nothing contained in this article
shall be deemed to limit the  authority  of  a  county,  city,  town  or
village from adopting or amending a local law or ordinance which imposes
stricter  restrictions  and conditions on the operation of ATVs than are
provided or authorized by this section so long  as  such  local  law  or
ordinance  is  consistent  with  its  authority  to  protect  the order,
conduct, health, safety and general welfare of persons or property.
  S 7. Section 2411 of the vehicle and traffic law, as added by  chapter
402 of the laws of 1986, is amended to read as follows:
  S 2411. 1.  Liability  for  negligence.  Negligence in the use [of] OR
operation of an ATV shall be attributable to the owner. Every  owner  of
an ATV USED OR OPERATED IN THIS STATE ON LANDS OTHER THAN THOSE PRIVATE-
LY  OWNED BY THE ATV OWNER MUST BE INSURED. OWNERS OF ATVS used or oper-
ated in this state shall be liable and responsible for death  or  injury
to  [person]  PERSONS or damage to property resulting from negligence in
the use or operation of such ATV [by any person using or  operating  the
same  with  the permission, express or implied, of such owner, provided,
however, that such operator's negligence shall not be attributed to  the

A. 8399--A                          5

owner as to any claim or cause of action accruing to the operator or his
legal representative for such injuries or death].
  2.  DUTIES  OF ATV OWNERS AND OPERATORS. IT IS RECOGNIZED THAT DRIVING
AN ATV IS A VOLUNTARY ACTIVITY THAT MAY BE HAZARDOUS. IT  SHALL  BE  THE
DUTY OF ATV OWNERS AND OPERATORS:
  (A) TO KEEP THEIR ATVS IN PROPER WORKING ORDER.
  (B)  TO  FOLLOW  ANY  AND ALL OTHER RULES OF CONDUCT AS ARE PRESCRIBED
PURSUANT TO SECTION 26.03 OF THE PARKS, RECREATION AND HISTORIC  PRESER-
VATION LAW.
  (C) NOT TO OPERATE AN ATV IN ANY AREA NOT DESIGNATED FOR DRIVING ATVS.
  (D) NOT TO OPERATE AN ATV BEYOND THE CONDITIONS THAT LIMIT SPEED.
  (E) TO FAMILIARIZE THEMSELVES WITH RULES OF THE TRAIL.
  (F) NOT TO LEAVE THE SCENE OF ANY ACCIDENT RESULTING IN PERSONAL INJU-
RY OR DAMAGE TO THE PROPERTY BEYOND THE TRAIL.
  S  8. The state finance law is amended by adding a new section 99-y to
read as follows:
  S 99-Y. ATV TRAIL FUND. 1. THERE IS HEREBY ESTABLISHED  IN  THE  JOINT
CUSTODY  OF THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA-
TION AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "ATV TRAIL FUND".
  2. THE ATV TRAIL FUND SHALL CONSIST OF  MONEYS  APPROPRIATED  THERETO,
AND  FUNDS  TRANSFERRED  FROM  ANY  OTHER  FUND  OR SOURCE INCLUDING THE
PAYMENT OF FEES PURSUANT TO SECTION TWENTY-TWO HUNDRED EIGHTY-TWO OF THE
VEHICLE AND TRAFFIC LAW.
  3. TEN PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE  AVAILABLE
FOR  THE  ADMINISTRATIVE  COSTS  OF  ADMINISTERING SUCH FUND. FORTY-FIVE
PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE MADE AVAILABLE  FOR
THE  MAINTENANCE,  CONSTRUCTION  AND  DEVELOPMENT OF THE STATEWIDE TRAIL
SYSTEM. FORTY-FIVE PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL  BE
MADE  AVAILABLE  FOR  ENFORCING  AND  EDUCATING  THE  PUBLIC  ABOUT  THE
PROVISIONS OF ARTICLE TWENTY-SIX OF THE PARKS, RECREATION  AND  HISTORIC
PRESERVATION LAW.
  4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
SIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION.
  S 9. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and
traffic  law,  as amended by chapter 319 of the laws of 1997, is amended
to read as follows:
  (a) "All terrain vehicle" or "ATV" means  any  self-propelled  vehicle
which  is  manufactured  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.
Provided,  however,  this definition shall not include a "snowmobile" or
other self-propelled vehicles manufactured for  off-highway  use  exclu-
sively  designed  for  travel on snow or ice, steered by skis or runners
and supported in whole or in part by one or more skis, belts  or  cleats
which utilize an endless belt tread.
  S  10.  The vehicle and traffic law is amended by adding a new section
2414 to read as follows:
  S 2414. TRESPASS VIOLATION FINE. OPERATORS OF  ATVS  WHICH  HAVE  BEEN
CITED  FOR  TRESPASS  SHALL  BE  FINED  ONE  HUNDRED DOLLARS FOR A FIRST
VIOLATION; TWO HUNDRED DOLLARS  FOR  A  SECOND  VIOLATION  WITHIN  THREE
HUNDRED  SIXTY-FIVE  DAYS  OF  THE  INITIAL  VIOLATION; AND FIVE HUNDRED
DOLLARS FOR SUBSEQUENT VIOLATIONS WITHIN THREE HUNDRED  SIXTY-FIVE  DAYS
OF  THE  INITIAL  VIOLATION. THE MONEY COLLECTED FROM THE FINES SHALL BE
PUT INTO THE ATV TRAIL FUND ESTABLISHED BY SECTION NINETY-NINE-Y OF  THE

A. 8399--A                          6

STATE  FINANCE  LAW  AND  SHALL  BE SPLIT FIFTY PERCENT FOR ENFORCEMENT,
EDUCATION AND REMEDIATION AND THE OTHER FIFTY PERCENT FOR TRAIL  MAINTE-
NANCE AND TRAIL CONSTRUCTION AND DEVELOPMENT.
  S 11. This act shall take effect immediately.