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A01442 Summary:

BILL NOA01442
 
SAME ASNo Same As
 
SPONSORGunther
 
COSPNSRCook, Colton, McDonough, Eachus, Aubry, Buttenschon, Bendett
 
MLTSPNSR
 
Amd §13.19, Pks & Rec L
 
Authorizes the free use of campsites to any person who is semi-ambulatory.
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A01442 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1442
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to the free use of campsites   PURPOSE: To provide free access to state parks for semi ambulatory members of our state.   SUMMARY OF PROVISIONS: Section one amends the Parks, Recreation and Historic Preservation law to provide free access to our state parks and recreation areas. Section two provides the effective date of the legislation.   EXISTING LAW: Article 13 of the Parks, Recreation and Historic Preservation law allows the blind, non-ambulatory, amputees and certain veterans of the wars of the United States free access to state parks.   JUSTIFICATION: Current law allows the blind, the non ambulatory, amputees and certain veterans free access to our state's public parks. Until 2010, those who are semi ambulatory were also allowed access to our state parks by qual- ifying for a free access pass. In 2010r this category was eliminated so that currently people who walk with a cane, crutches, a walker or other mobility aid can no longer qualify for an access pass. Also eliminated were individuals receiving federal Social Security Disability, Supple- mental Security Income or Railroad Disability. The 2010 changes came about in part as the result of an internal review of the Access Pass system prompted by a New York Times story and other reports of abuses by those in the latter category who were receiving federal disability bene- fits and yet were able to golf for free. There were no stories of abuses by semi ambulatory individuals deserving yet handicapped people who want to enjoy the benefits our parks can offer them, and who, because of their disability are unable to enjoy all of the benefits the fully able bodied have the chance to enjoy. In addi- tion, while one of the reasons given by the Office of Parks, Recreation and Historic Preservation for the elimination of the two categories in 2010 is that they are not categories contained in statute, access passes are still (deservedly) given to the deaf and those with mental disabili- ties, yet these are categories of individuals who are also not included in the current law. Certainly curbing abuses to the Access Pass system is a worthy endeavor, however the removal of the semi ambulatory category has prevented deserving individuals from accessing our park system as they were able to do prior to 2010.   LEGISLATIVE HISTORY: 2021-22: A144 referred to Tourism 2019-20: A3663 referred to Tourism 2017-18: A.866 Referred to Tourism/S.1915 Referred to Finance 2015-16: A.1227/S.2537 Referred to Tourism 2013-14: A.2381/S.2112 Referred to Tourism 2011-12: S.6790 Referred to Tourism   FISCAL IMPLICATIONS: Fiscal impacts would be minimal. The Access Pass system was changed in 2010 to eliminate two categories of eligibility from the Access Pass program: the semi ambulatory and individuals receiving social security disability, social security insurance or a railroad retirement board disability. The move was prompted by abuses by those receiving federal retirement benefits. Adding back the category of semi ambulatory would be in keeping with the purpose of the program which is to allow state park access to people with disabilities.   LOCAL FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A01442 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1442
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2023
                                       ___________
 
        Introduced by M. of A. GUNTHER, COOK, COLTON, McDONOUGH -- read once and
          referred  to the Committee on Tourism, Parks, Arts and Sports Develop-
          ment
 
        AN ACT to amend the parks, recreation and historic preservation law,  in
          relation to the free use of campsites
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 13.19 of the parks, recreation and historic preser-
     2  vation law, as amended by chapter 649 of the laws of 1977, is amended to
     3  read as follows:
     4    § 13.19 Free use of campsites.  Notwithstanding the provisions of  any
     5  other  law, any person who is blind, non-ambulatory, semi-ambulatory, or
     6  an amputee or any veteran of the wars of the United States, who  has  at
     7  any time been awarded by the federal government an allowance towards the
     8  purchase  of  an  automobile  or  is eligible for such an award shall be
     9  permitted to use any of the public campsites,  parks  and  other  public
    10  places  of  recreation in this state, upon the same terms and conditions
    11  as apply to the general public, but without the payment of any  fees  or
    12  other  charges  for  the  use  of such campsites, parks and other public
    13  places of recreation.
    14    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04191-01-3
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