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S07164 Summary:

BILL NOS07164A
 
SAME ASSAME AS A07886-A
 
SPONSORHINCHEY
 
COSPNSR
 
MLTSPNSR
 
Amd §2403, V & T L
 
Authorizes seniors and persons who are severely disabled to use an ATV to enter and exit certain lands where ice fishing is permitted by the department of environmental conservation when conditions are reasonably safe for the operation of ATV's.
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S07164 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7164--A
            Cal. No. 1267
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 3, 2025
                                       ___________
 
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation  --  recom-
          mitted  to  the  Committee on Transportation in accordance with Senate
          Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
          first  report, amended on first report, ordered to a second report and
          ordered reprinted, retaining its place in the order of second report
 
        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          certain  persons to use an ATV to enter and exit certain lands for ice
          fishing
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 2403 of the vehicle and traffic law is amended by
     2  adding a new subdivision 2-a to read as follows:
     3    2-a. Public lands permitting ice fishing. (a) During  times  when  ice
     4  conditions  are reasonably safe for the operation of ATVs, as determined
     5  by guidelines provided by the department of environmental  conservation,
     6  and only on lands where snowmobile use is permitted by the department of
     7  environmental  conservation,  including wildlife management areas, state
     8  forests, forest preserves, and state parks, a person may operate an  ATV
     9  to enter and exit such lands when such person is sixty-five years of age
    10  or  older  or such person is severely disabled. Such persons may utilize
    11  an ATV as the operator or passenger and shall  restrict  such  usage  to
    12  traveling to and from ice fishing locations.
    13    (b)  For  the  purposes of this subdivision, "severely disabled" shall
    14  mean any person having any one or more  of  the  following  impairments,
    15  disabilities  or  conditions which are permanent in nature and have been
    16  certified by a physician:
    17    (i) limited or no use of one or both lower limbs;
    18    (ii) neuro-muscular dysfunction which severely limits mobility;
    19    (iii) a physical or mental impairment or condition  other  than  those
    20  specified  in subparagraphs (i) and (ii) of this paragraph, but which is
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11283-04-6

        S. 7164--A                          2
 
     1  of such nature as to impose unusual hardship in  accessing  ice  fishing
     2  locations  and such impairment or condition is certified by a physician,
     3  physician assistant or nurse practitioner, to the extent  authorized  by
     4  law  and  consistent with subdivision three of section six thousand nine
     5  hundred two of the education law, duly  licensed  to  practice  in  this
     6  state,  or a podiatrist duly licensed to practice podiatry in this state
     7  or an optometrist duly licensed to practice optometry in this state,  as
     8  constituting  an  equal  degree of disability (specifying the particular
     9  condition) so as to prevent such  person  from  getting  around  without
    10  great difficulty in accordance with subdivision two of this section;
    11    (iv) blindness.
    12    § 2. This act shall take effect immediately.
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