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A03448 Summary:

BILL NOA03448
 
SAME ASNo Same As
 
SPONSORJones
 
COSPNSR
 
MLTSPNSR
 
Add Title D Art 26 §26.01, Pks & Rec L; amd §§2282, 2411 & 2281, add §2414, V & T L; add §99-ss, St Fin L; amd §§1-0303 & 9-0303, En Con L
 
Relates to the creation of an ATV recreation fund and the use of ATVs.
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A03448 Actions:

BILL NOA03448
 
01/27/2025referred to tourism, parks, arts and sports development
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A03448 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3448
 
SPONSOR: Jones
  TITLE OF BILL: 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 recreation fund and the use of ATVs   PURPOSE: To create an ATV trail fund and statewide ATV trail system   SUMMARY OF PROVISIONS: Section 1 provides the legislative intent and purpose. Section 2 amends the parks, recreation and historic preservation law by adding a new article 26 establishing the All-Terrain Vehicle Trail Fund. This section sets forth the trail plan the rules and regulations of the trail plan. The department shall promulgate regulations for the use of ATVs with a view towards achieving sustainable use of ATVs and minimiz- ing the detrimental effects upon environment. Nothing in this section shall prohibit the department of environmental conservation to § 9-0303 from authorizing other ATV use on state-owned land. The commissioner shall adopt rules and regulations. Section 3 amends § 2282 of the vehicle and traffic law to provide that registration of an ATV is required only for ATVs operated on lands other than those private owned by the ATV owner. Section 4 amends § 2282(4) of the vehicle and traffic law to provide that fees collected pursuant to this section shall be deposited into the ATV fund established pursuant to § 99-x of the state finance law, and used only for those purposes enumerated in such section. Section 5 amends § 2282(12) of the vehicle and traffic law to provide that non-resident owners must pay an annual registration fee for ATVs operated on lands other than those privately owned by the ATV owner. Section 6 amends § 2411 of the vehicle and traffic law, ATV owners will be held liable and responsible for death or injuries to persons or damage to property resulting from negligence in use of operating ATVs. ATV owners must be insured to operate on lands other than privately owned by the ATV owner. It is recognized that driving an ATV is a volun- tary activity and it is up to the ATV owner to ensure they are following all procedures including keeping ATVs in proper order, following speed limits, not operating ATVs in areas that are not for ATV use, familiar- ize themselves with rules of the trail, not to leave the scene of any accident resulting in injury or property damage. Section 7 amends the state finance law by adding a new section 99-nn establishing the ATV trail fund. The trail fund is established in the joint custody of the commissioner of parks, recreation and historic preservation and the comptroller consisting of moneys appropriated ther- eto and the payment of fees pursuant to § 2282 of the vehicle and traf- fic law. This section also provides that 10% of the monies in the ATV trail fund shall be made available for the administrative costs of administering such fund, forty five percent of all monies in the ATV trail fund shall be made available for the maintenance, construction and development of the statewide trail system, and 45% of all moneys in the ATV train fund shall be made available for enforcing and educating the public about the provisions of Article 26 of the parks, recreation, and historic preservation law. Section 8 amends that ATV means any self-propelled vehicles purpose is off-highway does not exceed seventy inches in width or two thousand pounds dry weight, including UTVs. This does not include snowmobiles, or any other vehicle designed for snow or ice. Section 9 amends § 2414 for trespass violation fines for operators of ATVs, first violation is one hundred dollars, two hundred for a second violation within one year of first violation. Five hundred dollars for subsequent violations within one year of initial violation. Money collected from fines will be put into the ATV recreation fund and be split fifty percent for enforcement, education and remediation and fifty percent for trail maintenance and trails constructions and motorized access for the disabled. Section 10 amends paragraph h of subdivision 1 of § 2404 is to read on state lands under jurisdiction of the department of conservation and on conservation easements under the department's jurisdiction, except as specifically authorized by such department pursuant to § 90303 of envi- ronmental conservation law: on public lands other than highways or on private roads of another while in an intoxicated condition or under the influence of narcotics or drugs. Section 11 amends that ATV shall have the meaning in paragraph (a) of subdivision one of § 22181, connector trail is a public highway or portion open for travel by ATVs, private road shall have meaning set forth in § 133 of the vehicle and traffic law, public highway has the meaning set forth in § 134 of the vehicle and traffic law. Section 12 amends that ATVs after April 1, 2026, shall be prohibited state-owned lands under the department's jurisdiction and conservation easements. After December 1, 2025, the department may authorize the public use of ATVs inside the Adirondack and Catskill Parks. Connecter trails within the Adirondack Park must be the best route that connect the environment and does not exceed one and five tenths mile in length. Trails should not exceed five miles and will be monitored by the depart- ment. Connector trails in use before the effective date may remain in use. The department may authorize the public use of ATVS if on public highways on conservation easements held by the department, on ATV trails and private roads on conservation easements held by the department, the department may authorize the use of ATVS on state lands under jurisdic- tion of the department other than those described in paragraphs a and b. Persons with qualifying disabilities, who the department has issued a permit to, may use ATVs at locations authorized by such permit and shall comply with all requirements of section twenty-four hundred five. ATVs may be used on state land under departments jurisdiction for law enforcement and emergency purposes, should comply with all requirements within the Adirondack and Catskill Parks. The provisions of this subdi- vision shall only apply to lands within the Adirondack Park or under the ruling of the department on or before April 1, 2026. Section 13 amends this act shall take effect immediately.   JUSTIFICATION: In order to best organize and sustain an environmentally sensitive statewide system of trails for all terrain vehicles, this legislation creates an ATV trail plan and 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 Envi- ronmental 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 maintenance of the fund shall be divided between enforcement, education, and remediation, and the mainte- nance, 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 encourag- ing their use and development, while minimizing detrimental effects of such use upon the environment.   LEGISLATIVE HISTORY: 01/08/18 referred to tourism, parks, arts and sports development 02/28/18 amend and recommit to tourism, parks, arts and sports develop- ment 02/28/18 print number 8908-A 01/15/19 referred to tourism, parks, arts and sports development 01/08/20 referred to tourism, parks, arts and sports development   FISCAL IMPLICATIONS: Potential for increased revenue   EFFECTIVE DATE: This act.shall take effect immediately.
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A03448 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3448
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2025
                                       ___________
 
        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Tourism, Parks, Arts and Sports Development
 
        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 recreation
          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 sustainable statewide  system  of  trails
     3  for  all  terrain vehicles, the legislature hereby creates an ATV recre-
     4  ation fund. The control and supervision of the recreation fund shall  be
     5  maintained  by the office of parks, recreation and historic preservation
     6  upon consultation with the department of environmental conservation. The
     7  recreation fund is created for the purpose of designating state, munici-
     8  pal and private lands as part of a statewide network of ATV trails. Fees
     9  obtained by the office of parks, recreation  and  historic  preservation
    10  for  the  maintenance  of  the  recreation fund shall be divided between
    11  administration, enforcement, and a motorized access program  for  people
    12  with  disabilities.    It is the purpose of this act to promote the safe
    13  and proper use of all terrain vehicles for recreation  and  commerce  in
    14  this  state  by  encouraging their use and development, while minimizing
    15  detrimental effects of such use upon the environment and also  promoting
    16  access to all regardless of ability.
    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 RECREATION FUND
    21  Section 26.01 Rules and regulations.
    22    §  26.01  Rules and regulations. The department shall promulgate regu-
    23  lations for the use of ATVs with a view towards achieving maximum use of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06717-01-5

        A. 3448                             2
 
     1  ATVs and minimizing the detrimental effect thereof upon the environment.
     2  Nothing in this section shall prohibit the department or the  department
     3  of environmental conservation pursuant to section 9-0303 of the environ-
     4  mental  conservation  law  from authorizing other ATV use on state-owned
     5  lands.  The commissioner shall adopt rules and regulations  relating  to
     6  and including, but not limited to the following:
     7    a.  Use  of  ATVs  insofar  as fish and wildlife resources and natural
     8  resources of the state.
     9    b. Use of ATVs on public lands under the jurisdiction of  the  depart-
    10  ment,  providing  for  incorporating recreational and sportsman use into
    11  UMPs developed for such lands.
    12    c. Uniform signs or markers.
    13    d. Requirements that new connector trails must comply with state  laws
    14  and regulations and, where applicable for state-owned lands, comply with
    15  a unit management plan.
    16    e.  Provisions  for  current  trails and trails pending approval on or
    17  before the effective date of this article are  preserved  in  perpetuity
    18  and  nothing  shall  restrict the use of commissioner policy three (CP3)
    19  permits issued by the department of environmental conservation on  these
    20  trails.
    21    §  3. Subdivision 1 of section 2282 of the vehicle and traffic law, as
    22  amended by chapter 402 of the laws  of  1986,  is  amended  to  read  as
    23  follows:
    24    1.  Except  as  hereinafter  provided, no person shall operate any ATV
    25  within the state on lands other than those privately owned  by  the  ATV
    26  owner  unless  such  ATV  has been registered and numbered in accordance
    27  with the provisions of this article, and  the  registration  number  for
    28  such  ATV  is  in  full force and effect and displayed as provided under
    29  this article and regulations promulgated thereunder.
    30    § 4. The closing paragraph of subdivision 4 of  section  2282  of  the
    31  vehicle  and  traffic law, as added by section 4 of part G of chapter 59
    32  of the laws of 2009, is amended and a new paragraph (h) is added to read
    33  as follows:
    34    [Notwithstanding any  inconsistent  provision  of  this  section,  the
    35  difference  collected  between  the fees set forth in paragraphs (a) and
    36  (b) of this subdivision in effect on  and  after  September  first,  two
    37  thousand  nine and the fees set forth in such paragraphs in effect prior
    38  to such date shall be deposited to the credit of the  dedicated  highway
    39  and bridge trust fund.]
    40    (h)  Fees  collected  pursuant to this section shall be deposited into
    41  the ATV recreation fund established pursuant to  section  ninety-nine-ss
    42  of the state finance law, and used only for those purposes enumerated in
    43  such section.
    44    § 5. Subdivision 12 of section 2282 of the vehicle and traffic law, as
    45  added by chapter 671 of the laws of 1985, is amended to read as follows:
    46    12.  Out of state ATV registration. (a) The registration provisions of
    47  this article shall not apply to non-resident owners who have  registered
    48  their ATVs in compliance with the registration and licensing laws of the
    49  state, province, district or country of residence, provided that the ATV
    50  is  appropriately identified in accordance with the laws of the state of
    51  residence. The provisions of this subdivision shall not apply to a resi-
    52  dent of another state, province, district or country which does not have
    53  an ATV registration and identification law. Nothing in this  subdivision
    54  shall be construed to authorize the operation of any ATV contrary to the
    55  provisions of this article.

        A. 3448                             3

     1    (b)  Non-resident  owners  who reside in a jurisdiction which does not
     2  have an ATV registration and identification law,  shall  pay  an  annual
     3  fee, equal to that provided for pursuant to paragraph (b) of subdivision
     4  four  of this section to lawfully operate such ATV in the state on lands
     5  other than those privately owned by the ATV owner.
     6    §  6. Section 2411 of the vehicle and traffic law, as added by chapter
     7  402 of the laws of 1986, is amended to read as follows:
     8    § 2411.  Liability for negligence. 1. Negligence in the  use  [of]  or
     9  operation  of  an ATV shall be attributable to the owner. Every owner of
    10  an ATV used or operated in this state on lands other than those private-
    11  ly owned by the ATV owner must be insured. Owners of ATVs used or  oper-
    12  ated  in  this state shall be liable and responsible for death or injury
    13  to [person] persons or damage to property resulting from  negligence  in
    14  the  use  or operation of such ATV [by any person using or operating the
    15  same with the permission, express or implied, of such  owner,  provided,
    16  however,  that such operator's negligence shall not be attributed to the
    17  owner as to any claim or cause of action accruing to the operator or his
    18  legal representative for such injuries or death].
    19    2. Duties of ATV owners and operators. It is recognized  that  driving
    20  an  ATV  is  a voluntary activity that may be hazardous. It shall be the
    21  duty of ATV owners and operators:
    22    (a) To keep their ATVs in proper working order.
    23    (b) To follow any and all other rules of  conduct  as  are  prescribed
    24  pursuant  to section 26.01 of the parks, recreation and historic preser-
    25  vation law.
    26    (c) Not to operate an ATV in any area not designated for driving ATVs.
    27    (d) Not to operate an ATV beyond the conditions that limit speed.
    28    (e) To familiarize themselves with rules of the trail.
    29    (f) Not to leave the scene of any accident resulting in personal inju-
    30  ry or damage to the property beyond the trail.
    31    § 7. The state finance law is amended by adding a new section 99-ss to
    32  read as follows:
    33    § 99-ss. ATV recreation fund. 1. There is hereby  established  in  the
    34  joint  custody  of  the  commissioner  of parks, recreation and historic
    35  preservation and the comptroller a fund to be known as the  "ATV  recre-
    36  ation fund".
    37    2. The ATV recreation fund shall consist of moneys appropriated there-
    38  to,  and  funds  transferred from any other fund or source including the
    39  payment of fees pursuant to section twenty-two hundred eighty-two of the
    40  vehicle and traffic law.
    41    3. Ten percent of all moneys in  the  ATV  recreation  fund  shall  be
    42  available  for  the  administrative  costs  of  administering such fund.
    43  Forty-five percent of all moneys in the ATV  recreation  fund  shall  be
    44  made available for the maintenance and construction for motorized access
    45  for the disabled. Forty-five percent of all moneys in the ATV recreation
    46  fund  shall  be  made  available  for enforcing and educating the public
    47  about the provisions of article twenty-six of the parks, recreation  and
    48  historic preservation law.
    49    4.  Monies  shall be payable from the fund on the audit and warrant of
    50  the state comptroller on vouchers approved and certified by the  commis-
    51  sioner of parks, recreation and historic preservation.
    52    § 8. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and
    53  traffic  law,  as amended by chapter 319 of the laws of 1997, is amended
    54  to read as follows:
    55    (a) "All terrain vehicle" or "ATV" means  any  self-propelled  vehicle
    56  which  is  manufactured  for sale for operation primarily on off-highway

        A. 3448                             4
 
     1  trails or off-highway competitions and  only  incidentally  operated  on
     2  public  highways  providing  that  such  vehicle does not exceed seventy
     3  inches in width, or [one thousand] two thousand two hundred  pounds  dry
     4  weight, including vehicles that are classified as "utility terrain vehi-
     5  cles"  or "UTVs". Provided, however, this definition shall not include a
     6  "snowmobile" or other self-propelled vehicles manufactured for off-high-
     7  way use exclusively designed for travel on snow or ice, steered by  skis
     8  or  runners and supported in whole or in part by one or more skis, belts
     9  or cleats which utilize an endless belt tread.
    10    § 9. The vehicle and traffic law is amended by adding  a  new  section
    11  2414 to read as follows:
    12    §  2414.  Trespass  violation  fine. Operators of ATVs which have been
    13  cited for trespass shall be  fined  one  hundred  dollars  for  a  first
    14  violation;  two  hundred  dollars  for  a  second violation within three
    15  hundred sixty-five days of  the  initial  violation;  and  five  hundred
    16  dollars  for  subsequent violations within three hundred sixty-five days
    17  of the initial violation. The money collected from the  fines  shall  be
    18  put  into  the ATV recreation fund established by section ninety-nine-ss
    19  of the state finance law and shall be split fifty percent  for  enforce-
    20  ment,  education  and  remediation and the other fifty percent for trail
    21  maintenance and trails construction and maintenance  for  the  motorized
    22  access for the disabled.
    23    §  10. Section 1-0303 of the environmental conservation law is amended
    24  by adding four new subdivisions 27, 28, 29 and 30 to read as follows:
    25    27. "All terrain vehicle" or "ATV" shall have the meaning set forth in
    26  paragraph (a) of subdivision one of section twenty-two  hundred  eighty-
    27  one of the vehicle and traffic law.
    28    28.  "Connector  trail" shall mean a public highway or portion thereof
    29  open for travel by ATVs, any trails or portions thereof; and any  exist-
    30  ing railroad beds and private roads or portions thereof.
    31    29.  "Private  road"  shall  have the meaning set forth in section one
    32  hundred thirty-three of the vehicle and traffic law.
    33    30. "Public highway" shall have the meaning set forth in  section  one
    34  hundred thirty-four of the vehicle and traffic law.
    35    §  11. Section 9-0303 of the environmental conservation law is amended
    36  by adding a new subdivision 8 to read as follows:
    37    8. All terrain vehicles. a. After April first,  two  thousand  twenty-
    38  six,  the  department,  in consultation with the office of parks, recre-
    39  ation and historic preservation may authorize the public use of ATVs  on
    40  forest  preserve lands by the general public both inside and outside the
    41  boundaries of the Adirondack park and on other state-owned  lands  under
    42  the department's jurisdiction which are located within the boundaries of
    43  the Adirondack park shall comply with the requirements of the Adirondack
    44  park state land master plan.
    45    b.  Connector  trails  on  forest preserve lands inside the Adirondack
    46  park boundary:
    47    i. shall follow the shortest reasonable route;
    48    ii. shall not generally exceed one and six-tenths mile in length; and
    49    iii. total connector trails shall not exceed a total mileage  of  five
    50  miles  and  such  mileage  shall  be  administered  by  the  department;
    51  provided, however, that in the event that the total area of the  Adiron-
    52  dack park is expanded after the effective date of this subdivision, such
    53  five  total  mileage  limitation  shall be expanded to reflect the ratio
    54  that five miles is to the total acreage of such park on April first, two
    55  thousand twenty-six.

        A. 3448                             5

     1    Provided, however, connector trails in use prior to the effective date
     2  of this subdivision may remain in use. Connector  trails  not  exceeding
     3  the  mileage  limits  established by this subdivision may be extended on
     4  state lands under the jurisdiction of the department  other  than  those
     5  described in this subdivision.
     6    c.  Persons  with  qualifying  disabilities to whom the department has
     7  issued a permit and a companion may use ATVs at the locations authorized
     8  by such permit and pursuant to the terms and conditions of such  permit.
     9  Such  authorization  shall comply with the requirements of section twen-
    10  ty-four hundred five of the vehicle and traffic law and other applicable
    11  law.
    12    d. ATVs may be used on state land under the department's  jurisdiction
    13  for appropriate administrative, law enforcement, and emergency purposes.
    14    e. The provisions of this subdivision shall only apply to lands within
    15  the  boundaries  of the Adirondack park or under the jurisdiction of the
    16  department on or before January first, two thousand twenty-six.
    17    § 12. This act shall take effect immediately.
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