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A02481 Summary:

COSPNSRZebrowski, Fahy
MLTSPNSRAbinanti, Markey, Thiele
Amd SS9-0303, 46-0111 & 57-0121, add S71-0717, En Con L
Prohibits the operation of all-terrain vehicles by the general public in the state forest preserve, Long Island central pine barrens area and Albany pine bush preserve; grants exceptions for the disabled, official purposes and law enforcement; provides for the impoundment of all-terrain vehicles operated in violation of such provisions and the imposition of a $100 surcharge upon the owner thereof; provides for the deposit of such surcharges into a separate all-terrain enforcement fund.
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A02481 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2013
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Tourism, Parks, Arts and Sports Development
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting   the  use  of  all-terrain  vehicles  within  the  forest
          preserve, the Long Island central pine barrens  and  the  Albany  pine

          bush  preserve,  and providing penalties for violations of all-terrain
          vehicle laws in such sensitive areas
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  9-0303  of the environmental conservation law is
     2  amended by adding a new subdivision 8 to read as follows:
     3    8. All-terrain vehicles. a. For the purposes of this subdivision:
     4    (i) "All-terrain vehicle" shall mean a motor vehicle which is manufac-
     5  tured for operation primarily for off-highway use or off-highway  compe-
     6  titions  and  only  incidentally  operated on public highways; provided,
     7  however, such term shall not include a snowmobile.
     8    (ii) "Snowmobile" shall mean a motor vehicle designed  for  travel  on

     9  snow or ice by means of a combination of tracks and a ski or skis.
    10    b. Notwithstanding any other provision of law to the contrary, the use
    11  of all-terrain vehicles by the general public within the forest preserve
    12  is prohibited.
    13    c.  A  qualified  person  with a disability to whom the department has
    14  issued a nontransferable  temporary  revocable  permit  providing  motor
    15  vehicle  access  to  certain  state  lands under the jurisdiction of the
    16  department may use an all-terrain vehicle  pursuant  to  the  terms  and
    17  conditions of such permit.
    18    d. Employees of the department may use all-terrain vehicles for appro-
    19  priate  administrative  purposes where necessary and consistent with the

    20  provisions of the Adirondack park state land master plan or the Catskill
    21  park state land master plan.  The  department  shall  not  delegate  its
    22  authority pursuant to this paragraph.
    23    e.  All-terrain  vehicles  may  be used by appropriate officials where
    24  necessary for law enforcement.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2481                             2
     1    f. All-terrain vehicles may be used, by or under  the  supervision  of
     2  appropriate  officials,  in cases of sudden, actual and ongoing emergen-

     3  cies that involved the protection  or  preservation  of  human  life  or
     4  intrinsic  resource  values,  and  that  involve search and rescue oper-
     5  ations, forest fires or large-scale contamination of water bodies.
     6    §  2.  Subparagraph  (v)  of  paragraph  a of subdivision 2 of section
     7  46-0111 of the environmental conservation law, as added by  chapter  792
     8  of the laws of 1988, is amended to read as follows:
     9    (v)  other recreational uses; provided, however, that, notwithstanding
    10  any other provision of law to the contrary, the use of all-terrain vehi-
    11  cles by the general public within  the  Albany  Pine  Bush  preserve  is
    12  prohibited.
    13    § 3. Paragraph (d) of subdivision 2 of section 57-0121 of the environ-
    14  mental conservation law, as added by chapter 262 of the laws of 1993, is

    15  amended to read as follows:
    16    (d)  promote  active and passive recreational and environmental educa-
    17  tional uses that are consistent with the land use plan; provided, howev-
    18  er, that, notwithstanding any other provision of law  to  the  contrary,
    19  the use of all-terrain vehicles by the general public within the Central
    20  Pine Barrens area is prohibited; and
    21    §  4.  The  environmental  conservation law is amended by adding a new
    22  section 71-0717 to read as follows:
    23  § 71-0717. Additional all-terrain vehicle enforcement on sensitive state
    24               lands.
    25    1. In addition to the  penalties  set  forth  in  subdivision  one  of
    26  section  71-0703 of this title, and sections 71-4001 and 71-4003 of this

    27  article, a police officer or peace officer may immediately  impound  any
    28  all-terrain  vehicle  operated  in  violation  of  subdivision  eight of
    29  section 9-0303, paragraph (d) of subdivision two of section  57-0121  or
    30  subparagraph (v) of paragraph a of subdivision two of section 46-0111 of
    31  this  chapter.  Such  impounded  all-terrain  vehicle shall be processed
    32  consistent with the provisions of section five hundred eleven-b  of  the
    33  vehicle  and  traffic  law;  provided,  however, that a surcharge of one
    34  hundred dollars shall be paid by the owner of such vehicle,  and  monies
    35  therefrom  shall  be  deposited into a separate, non-lapsing all-terrain
    36  vehicle enforcement fund  of  the  impounding  law  enforcement  agency,

    37  except as provided by subdivision two of this section.
    38    2.  Where  the  impounding  officer is a peace officer employed by the
    39  department, the environmental regulatory account  of  the  environmental
    40  conservation  special  revenue  fund  shall  be credited with the monies
    41  received from the surcharge required by subdivision one of this section.
    42  Monies collected pursuant to this subdivision shall be made available to
    43  the department for the purpose of  enforcing  all-terrain  vehicle  laws
    44  applicable to the forest preserve, Long Island Central Pine Barrens area
    45  and the Albany Pine Bush preserve.
    46    § 5. Nothing in this act shall be deemed to limit the authority of any
    47  county,  city,  town or village to adopt or amend any local law or ordi-

    48  nance which imposes stricter restrictions and conditions on  the  opera-
    49  tion  of  all-terrain  vehicles  than are provided or authorized by this
    50  act, so long as such local law  or  ordinance  is  consistent  with  the
    51  authority  to  protect  the  order,  conduct, health, safety and general
    52  welfare of persons or property. Nothing in this act shall be  deemed  to
    53  alter  or  invalidate any local law or ordinance in effect on the effec-
    54  tive date of this act.
    55    § 6. This act shall take effect immediately.
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