S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6791

                            I N  S E N A T E

                            February 23, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- 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:

  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
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

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

                                                           LBD14242-02-6

S. 6791                             2

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 OR THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION  9-0303  OF
THE  ENVIRONMENTAL  CONSERVATION  LAW  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 laws  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
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. 6791                             3

  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
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

S. 6791                             4

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 STATE LANDS UNDER THE JURISDICTION OF THE DEPARTMENT  OF  ENVI-
RONMENTAL  CONSERVATION AND ON CONSERVATION EASEMENTS UNDER SUCH DEPART-
MENT'S JURISDICTION OR ON STATE LANDS  UNDER  THE  JURISDICTION  OF  THE
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, EXCEPT AS SPECIF-
ICALLY AUTHORIZED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSU-
ANT  TO  SECTION  9-0303  OF  THE  ENVIRONMENTAL CONSERVATION LAW AND AS
AUTHORIZED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC  PRESERVATION
PURSUANT  TO  ARTICLE  TWENTY-SIX  OF THE PARKS, RECREATION AND HISTORIC
PRESERVATION LAW;
  (J) ON PRIVATE LANDS UNLESS EXPRESSLY PERMITTED; OR
  (K) 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-

S. 6791                             5

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
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.  MONIES  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  FIVE  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

S. 6791                             6

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
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. Section 1-0303 of the environmental conservation law is amended
by adding four new subdivisions 26, 27, 28, and 29 to read as follows:
  26. "ALL TERRAIN VEHICLE" OR "ATV" SHALL HAVE THE MEANING SET FORTH IN
PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION   TWENTY-TWO   HUNDRED
EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
  27.  "CONNECTOR  TRAIL" SHALL MEAN A PUBLIC HIGHWAY OR PORTION THEREOF
OPEN FOR TRAVEL BY ATVS, ANY TRAILS OR PORTIONS THEREOF; AND ANY  EXIST-
ING RAILROAD BEDS AND PRIVATE ROADS OR PORTIONS THEREOF.
  28.  "PRIVATE  ROAD"  SHALL  HAVE THE MEANING SET FORTH IN SECTION ONE
HUNDRED THIRTY-THREE OF THE VEHICLE AND TRAFFIC LAW.
  29. "PUBLIC HIGHWAY" SHALL HAVE THE MEANING SET FORTH IN  SECTION  ONE
HUNDRED THIRTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
  S  12. Section 9-0303 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
  8. ALL TERRAIN VEHICLES. A. THE PUBLIC USE  OF  ATVS,  AS  DEFINED  IN
PARAGRAPH   (A)   OF  SUBDIVISION  ONE  OF  SECTION  TWENTY-TWO  HUNDRED
EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW,  ON  STATE  LANDS  UNDER  THE
DEPARTMENT'S  JURISDICTION  AND  ON  CONSERVATION  EASEMENTS  UNDER  THE
DEPARTMENT'S JURISDICTION IS PROHIBITED EXCEPT AS  SPECIFICALLY  AUTHOR-
IZED  BY THE DEPARTMENT IN CONSULTATION WITH THE OFFICE OF PARKS, RECRE-
ATION AND HISTORIC PRESERVATION PURSUANT TO THIS SUBDIVISION.
  B. AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT, IN CONSUL-
TATION WITH THE OFFICE OF PARKS, RECREATION  AND  HISTORIC  PRESERVATION
MAY  AUTHORIZE  THE  PUBLIC  USE OF ATVS ON FOREST PRESERVE LANDS BY THE
GENERAL PUBLIC BOTH INSIDE AND OUTSIDE THE BOUNDARIES OF THE  ADIRONDACK
PARK  OR  CATSKILL PARK AND ON OTHER STATE-OWNED LANDS UNDER THE DEPART-
MENT'S JURISDICTION WHICH ARE  LOCATED  WITHIN  THE  BOUNDARIES  OF  THE
ADIRONDACK PARK OR THE CATSKILL PARK FOR CONNECTOR TRAILS ONLY.
  C.  CONNECTOR  TRAILS  ON  FOREST PRESERVE LANDS INSIDE THE ADIRONDACK
PARK BOUNDARY:
  I. SHALL FOLLOW THE  SHORTEST  REASONABLE  ROUTE  THAT  IS  REASONABLY
PROTECTIVE OF THE ENVIRONMENT AND WILDLIFE;
  II. SHALL NOT INDIVIDUALLY EXCEED ONE AND ONE-HALF MILE IN LENGTH; AND
  III.  SHALL  NOT EXCEED A TOTAL MILEAGE OF FORTY-FIVE AND SUCH MILEAGE
SHALL BE ADMINISTERED BY THE DEPARTMENT; PROVIDED, HOWEVER, THAT IN  THE
EVENT  THAT  THE TOTAL AREA OF THE ADIRONDACK PARK IS EXPANDED AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION, SUCH FORTY-FIVE TOTAL MILEAGE  LIMI-
TATION  SHALL  BE EXPANDED TO REFLECT THE RATIO THAT FORTY-FIVE MILES IS
TO THE TOTAL ACREAGE OF SUCH PARK ON APRIL FIRST, TWO THOUSAND SIXTEEN.
  PROVIDED, HOWEVER, CONNECTOR TRAILS IN USE PRIOR TO THE EFFECTIVE DATE
OF THIS SUBDIVISION MAY REMAIN IN USE. CONNECTOR  TRAILS  NOT  EXCEEDING
THE MILEAGE LIMITS ESTABLISHED BY THIS SUBDIVISION MAY BE EXTENDED.
  D.  THE  DEPARTMENT  MAY,  IN  CONSULTATION  WITH THE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE  OF  ATVS
ON  PUBLIC  HIGHWAYS  ON  CONSERVATION  EASEMENTS HELD BY THE DEPARTMENT
WHERE SUCH EASEMENTS INCLUDE THE  RIGHT  TO  ALLOW  SUCH  USE  AND  SUCH
AUTHORIZATION  IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION ONE
OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC  LAW  AND

S. 6791                             7

OTHER APPLICABLE LAW, AND MAY, IN CONSULTATION WITH THE OFFICE OF PARKS,
RECREATION  AND  HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF ATVS
ON ATV TRAILS AND PRIVATE ROADS ON CONSERVATION EASEMENTS  HELD  BY  THE
DEPARTMENT  WHERE SUCH EASEMENTS INCLUDE THE RIGHT TO ALLOW SUCH USE AND
SUCH AUTHORIZATION IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION
TWO OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND  TRAFFIC  LAW
AND OTHER APPLICABLE LAW.
  E.  ON STATE LANDS UNDER THE JURISDICTION OF THE DEPARTMENT OTHER THAN
THOSE DESCRIBED IN PARAGRAPHS A AND B OF THIS SUBDIVISION,  THE  DEPART-
MENT  MAY,  IN  CONSULTATION  WITH  THE  OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF  ATVS  IN  COMPLIANCE
WITH THE REQUIREMENTS OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE
AND TRAFFIC LAW AND OTHER APPLICABLE LAW.
  F.  PERSONS  WITH  QUALIFYING  DISABILITIES TO WHOM THE DEPARTMENT HAS
ISSUED A PERMIT AND A COMPANION MAY USE ATVS AT THE LOCATIONS AUTHORIZED
BY SUCH PERMIT AND PURSUANT TO THE TERMS AND CONDITIONS OF SUCH  PERMIT.
SUCH  AUTHORIZATION  SHALL COMPLY WITH THE REQUIREMENTS OF SECTION TWEN-
TY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC LAW AND OTHER APPLICABLE
LAW.
  G. ATVS MAY BE USED ON STATE LAND UNDER THE DEPARTMENT'S  JURISDICTION
FOR APPROPRIATE ADMINISTRATIVE, LAW ENFORCEMENT, AND EMERGENCY PURPOSES.
  H. THE PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO LANDS WITHIN
THE BOUNDARIES OF THE ADIRONDACK PARK AND THE CATSKILL PARK OR UNDER THE
JURISDICTION  OF THE DEPARTMENT ON OR BEFORE JANUARY FIRST, TWO THOUSAND
SIXTEEN.
  S 13. This act shall take effect immediately.