S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7723
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 26, 2015
                                      ___________
       Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
         tee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation  to  the  defi-
         nition  and  use  of  all terrain vehicles; to amend the environmental
         conservation law, in relation to regulating 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; and to
         amend the state finance law,  in  relation  to  establishing  the  all
         terrain vehicle trail development and maintenance fund
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 2281 of the  vehicle  and  traffic
    2  law,  as  amended by chapter 319 of the laws of 1997, is amended to read
    3  as follows:
    4    1. (a) "All terrain vehicle" or "ATV"  means  (I)  any  self-propelled
    5  vehicle  which  is manufactured for sale for operation primarily on off-
    6  highway trails or off-highway competitions and only  incidentally  oper-
    7  ated  on  public  highways  providing  that such vehicle does not exceed
    8  seventy inches in width, or one thousand pounds  dry  weight.  Provided,
    9  however, this definition shall not include a "snowmobile" or other self-
   10  propelled vehicles manufactured for off-highway use exclusively designed
   11  for  travel  on snow or ice, steered by skis or runners and supported in
   12  whole or in part by one or more skis, belts or cleats which  utilize  an
   13  endless belt tread; OR
   14    (II)  ANY  SELF-PROPELLED  VEHICLE  WHICH IS MANUFACTURED FOR SALE FOR
   15  OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS  OR  OFF-HIGHWAY  COMPETITIONS
   16  AND  ONLY INCIDENTALLY   OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH
   17  VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR  ONE  THOUSAND  FIVE
   18  HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
   19  URATION AND HAS SAFETY FEATURES WHICH INCLUDE, BUT ARE NOT  LIMITED  TO,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11311-01-5
       A. 7723                             2
    1  SEAT  BELTS AND ROLL-OVER BARS.  PROVIDED, HOWEVER, THAT THIS DEFINITION
    2  SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES  MANU-
    3  FACTURED  FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR
    4  ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE
    5  OR MORE SKIS, BELTS OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
    6    (b)  Notwithstanding  the  provisions of [paragraph (a)] SUBPARAGRAPHS
    7  (I) AND (II) OF PARAGRAPH (A) of this subdivision, the [term] TERMS "all
    8  terrain vehicle" or "ATV" shall not include any vehicle used  for  agri-
    9  cultural  purposes  or  for  snowplowing, other than for hire, provided,
   10  however, that any such vehicle shall register as an "all  terrain  vehi-
   11  cle" or "ATV" pursuant to the provisions of this article if such vehicle
   12  is  used  or  is intended to be used for any purpose other than agricul-
   13  tural purposes or for snowplowing and shall be regulated  in  accordance
   14  with  provisions  governing  the  operation of "all terrain vehicles" or
   15  "ATV's" while in such use.
   16    S 2. Section 9-0303 of the environmental conservation law  is  amended
   17  by adding a new subdivision 8 to read as follows:
   18    8. ALL TERRAIN VEHICLES. A. FOR THE PURPOSES OF THIS SUBDIVISION:
   19    (I)  "ALL TERRAIN VEHICLE" OR "ATV" MEANS (1) ANY SELF-PROPELLED VEHI-
   20  CLE WHICH IS MANUFACTURED FOR SALE FOR OPERATION PRIMARILY ON  OFF-HIGH-
   21  WAY TRAILS OR OFF-HIGHWAY COMPETITIONS AND ONLY INCIDENTALLY OPERATED ON
   22  PUBLIC  HIGHWAYS  PROVIDING  THAT  SUCH  VEHICLE DOES NOT EXCEED SEVENTY
   23  INCHES IN WIDTH, OR ONE THOUSAND POUNDS DRY WEIGHT.  PROVIDED,  HOWEVER,
   24  THIS DEFINITION SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED
   25  VEHICLES MANUFACTURED FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAV-
   26  EL  ON SNOW OR ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR
   27  IN PART BY ONE OR MORE SKIS, BELTS OR CLEATS WHICH  UTILIZE  AN  ENDLESS
   28  BELT TREAD; OR
   29    (2)  ANY  SELF-PROPELLED  VEHICLE  WHICH  IS MANUFACTURED FOR SALE FOR
   30  OPERATION PRIMARILY ON OFF-HIGHWAY TRAILS  OR  OFF-HIGHWAY  COMPETITIONS
   31  AND  ONLY INCIDENTALLY   OPERATED ON PUBLIC HIGHWAYS PROVIDING THAT SUCH
   32  VEHICLE DOES NOT EXCEED SEVENTY INCHES IN WIDTH, OR  ONE  THOUSAND  FIVE
   33  HUNDRED  POUNDS DRY WEIGHT, CONSISTS OF A SIDE-BY-SIDE PASSENGER CONFIG-
   34  URATION AND HAS SAFETY FEATURES WHICH INCLUDE, BUT ARE NOT  LIMITED  TO,
   35  SEAT  BELTS AND ROLL-OVER BARS.  PROVIDED, HOWEVER, THAT THIS DEFINITION
   36  SHALL NOT INCLUDE A "SNOWMOBILE" OR OTHER SELF-PROPELLED VEHICLES  MANU-
   37  FACTURED  FOR OFF-HIGHWAY USE EXCLUSIVELY DESIGNED FOR TRAVEL ON SNOW OR
   38  ICE, STEERED BY SKIS OR RUNNERS AND SUPPORTED IN WHOLE OR IN PART BY ONE
   39  OR MORE SKIS, BELTS OR CLEATS WHICH UTILIZE AN ENDLESS BELT TREAD.
   40    (II) "SNOWMOBILE" SHALL MEAN A MOTOR VEHICLE DESIGNED  FOR  TRAVEL  ON
   41  SNOW OR ICE BY MEANS OF A COMBINATION OF TRACKS AND A SKI OR SKIS.
   42    B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE USE
   43  OF ALL TERRAIN VEHICLES BY THE GENERAL PUBLIC WITHIN THE FOREST PRESERVE
   44  IS PROHIBITED.
   45    C.  A  QUALIFIED  PERSON  WITH A DISABILITY TO WHOM THE DEPARTMENT HAS
   46  ISSUED A NONTRANSFERABLE  TEMPORARY  REVOCABLE  PERMIT  PROVIDING  MOTOR
   47  VEHICLE  ACCESS  TO  CERTAIN  STATE  LANDS UNDER THE JURISDICTION OF THE
   48  DEPARTMENT MAY USE AN ALL TERRAIN VEHICLE  PURSUANT  TO  THE  TERMS  AND
   49  CONDITIONS OF SUCH PERMIT.
   50    D. EMPLOYEES OF THE DEPARTMENT MAY USE ALL TERRAIN VEHICLES FOR APPRO-
   51  PRIATE  ADMINISTRATIVE  PURPOSES WHERE NECESSARY AND CONSISTENT WITH THE
   52  PROVISIONS OF THE ADIRONDACK PARK STATE LAND MASTER PLAN OR THE CATSKILL
   53  PARK STATE LAND MASTER PLAN.  THE  DEPARTMENT  SHALL  NOT  DELEGATE  ITS
   54  AUTHORITY PURSUANT TO THIS PARAGRAPH.
   55    E.  ALL  TERRAIN  VEHICLES  MAY BE USED BY APPROPRIATE OFFICIALS WHERE
   56  NECESSARY FOR LAW ENFORCEMENT.
       A. 7723                             3
    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 INVOLVE 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    S  3.  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    S 4. 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    S  5.  The  environmental  conservation law is amended by adding a new
   22  section 71-0717 to read as follows:
   23  S 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.   A SURCHARGE OF ONE HUNDRED DOLLARS SHALL BE PAID BY THE
   32  OWNER OF SUCH VEHICLE, AND MONIES THEREFROM SHALL BE  DEPOSITED  INTO  A
   33  SEPARATE,  NON-LAPSING  ALL  TERRAIN  VEHICLE  ENFORCEMENT  FUND  OF THE
   34  IMPOUNDING LAW ENFORCEMENT AGENCY, EXCEPT AS PROVIDED BY SUBDIVISION TWO
   35  OF THIS SECTION.
   36    2. WHERE THE IMPOUNDING OFFICER IS A PEACE  OFFICER  EMPLOYED  BY  THE
   37  DEPARTMENT,  THE  ENVIRONMENTAL  REGULATORY ACCOUNT OF THE ENVIRONMENTAL
   38  CONSERVATION SPECIAL REVENUE FUND SHALL  BE  CREDITED  WITH  THE  MONIES
   39  RECEIVED FROM THE SURCHARGE REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
   40  MONIES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE MADE AVAILABLE TO
   41  THE  DEPARTMENT  FOR  THE  PURPOSE OF ENFORCING ALL TERRAIN VEHICLE LAWS
   42  APPLICABLE TO THE FOREST PRESERVE, LONG ISLAND CENTRAL PINE BARRENS AREA
   43  AND THE ALBANY PINE BUSH PRESERVE.
   44    S 6. The state finance law is amended by adding a new section 92-gg to
   45  read as follows:
   46    S 92-GG. ALL TERRAIN VEHICLE TRAIL DEVELOPMENT AND  MAINTENANCE  FUND.
   47  1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER
   48  OF PARKS, RECREATION AND HISTORIC PRESERVATION AND THE STATE COMPTROLLER
   49  A SPECIAL FUND TO BE KNOWN AS THE "ALL TERRAIN VEHICLE TRAIL DEVELOPMENT
   50  AND MAINTENANCE FUND". THE MONEYS IN SUCH FUND SHALL  BE  AVAILABLE  FOR
   51  PAYMENT OF ANY AND ALL COSTS AND EXPENDITURES INCURRED IN PERFORMING ANY
   52  OF  THE  WORK  REQUIRED  IN  DEVELOPING  AND MAINTAINING A SYSTEM OF ALL
   53  TERRAIN VEHICLE TRAILS PURSUANT TO  SECTION  TWO  THOUSAND  TWO  HUNDRED
   54  NINETY-TWO  OF THE VEHICLE AND TRAFFIC LAW, INCLUDING COSTS AND EXPENSES
   55  INCIDENTAL AND APPURTENANT THERETO.
       A. 7723                             4
    1    2. MONEYS IN ALL TERRAIN VEHICLE  TRAIL  DEVELOPMENT  AND  MAINTENANCE
    2  FUND  SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE COMMINGLED WITH ANY
    3  OTHER MONEYS IN THE JOINT OR SOLE CUSTODY OF THE  STATE  COMPTROLLER  OR
    4  THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION.
    5    3.  THE  ALL  TERRAIN  VEHICLE  TRAIL DEVELOPMENT AND MAINTENANCE FUND
    6  SHALL CONSIST OF THE REVENUES REQUIRED TO BE DEPOSITED THEREIN  PURSUANT
    7  TO  THE PROVISIONS OF SECTION TWO THOUSAND TWO HUNDRED EIGHTY-TWO OF THE
    8  VEHICLE AND TRAFFIC LAW AND ALL OTHER  MONEYS  CREDITED  OR  TRANSFERRED
    9  THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   10    4.  THE  MONEYS  IN SUCH FUND SHALL BE APPROPRIATED BY THE LEGISLATURE
   11  AND PAID OUT PURSUANT TO SECTION TWO THOUSAND TWO HUNDRED NINETY-TWO  OF
   12  THE VEHICLE AND TRAFFIC LAW.
   13    S  7.  The  vehicle and traffic law is amended by adding a new section
   14  2292 to read as follows:
   15    S 2292. ATV TRAIL DEVELOPMENT AND MAINTENANCE. 1. EVERY COUNTY  ENGAG-
   16  ING  AND ASSISTING IN THE DEVELOPMENT AND MAINTENANCE OF A SYSTEM OF ATV
   17  TRAILS AND A PROGRAM WITH RELATION  THERETO  WITHIN  ITS  BOUNDARIES  IN
   18  ORDER  TO  ENCOURAGE SAFETY, TOURISM AND UTILIZATION AND, IN THE EVENT A
   19  COUNTY DOES NOT UNDERTAKE SUCH A PROGRAM, OR SYSTEM OF TRAILS, ANY CITY,
   20  TOWN OR VILLAGE WITHIN SUCH COUNTY WHICH UNDERTAKES THE SAME,  SHALL  BE
   21  ENTITLED  TO  RECEIVE,  IN  ACCORDANCE  WITH RULES AND REGULATIONS TO BE
   22  PROMULGATED BY THE COMMISSIONER, STATE AID AS HEREINAFTER PROVIDED.
   23    2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
   24  COMMISSIONER  SHALL ESTABLISH A PLAN FOR THE DEVELOPMENT AND MAINTENANCE
   25  OF ATV TRAILS AND FACILITIES IN THE VARIOUS COUNTIES OR  WHERE  APPLICA-
   26  BLE,  CITIES,  TOWNS  OR VILLAGES OF THE STATE AS MAY BE APPROPRIATE AND
   27  SHALL TAKE WHATEVER ACTION HE OR  SHE  DEEMS  NECESSARY  TO  FOSTER  AND
   28  PROMOTE  THE  SAFE  UTILIZATION OF SUCH TRAILS AND FACILITIES; FOR THESE
   29  PURPOSES, HE OR SHE MAY DRAW UPON THE MONEYS DEPOSITED IN THE ATV  TRAIL
   30  DEVELOPMENT  AND  MAINTENANCE  FUND PURSUANT TO SECTION NINETY-TWO-GG OF
   31  THE STATE FINANCE LAW FOR  EXPENSES,  INCLUDING  PERSONAL  SERVICES,  AS
   32  APPROVED  BY  THE  COMPTROLLER  AND IS HEREBY AUTHORIZED TO ASSIGN THREE
   33  EMPLOYEES OF HIS OR HER OFFICE TO CARRY OUT SUCH RESPONSIBILITIES AND TO
   34  PAY THEIR SALARIES, BENEFITS AND EXPENSES OUT OF SUCH FUND.
   35    3. EVERY COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN
   36  SUCH COUNTY, SHALL BE ELIGIBLE FOR A GRANT FOR THE DEVELOPMENT AND MAIN-
   37  TENANCE OF A SYSTEM OF ATV TRAILS AND A PROGRAM  WITH  RELATION  THERETO
   38  WITHIN ITS BOUNDARIES. SUCH GRANTS SHALL BE MADE BY THE COMMISSIONER AND
   39  MAY  CONSTITUTE  UP  TO  ONE HUNDRED PERCENT OF THE COST OF SUCH PROGRAM
   40  INCLUDING EXPENDITURES INCURRED FOR  SIGNS  AND  MARKERS  OF  SNOWMOBILE
   41  TRAILS. ANY COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN OR VILLAGE WITH-
   42  IN SUCH COUNTY, APPLYING FOR SUCH GRANT SHALL SUBMIT TO THE COMMISSIONER
   43  BY SEPTEMBER FIRST OF EACH YEAR AN ESTIMATE OF SUCH EXPENDITURES FOR THE
   44  CURRENT FISCAL YEAR, IN SUCH FORM AND CONTAINING SUCH INFORMATION AS THE
   45  COMMISSIONER  MAY  REQUIRE.  NO CITY, TOWN OR VILLAGE MAY APPLY FOR SUCH
   46  GRANT WHERE THE COUNTY WITHIN WHICH IT IS  CONTAINED  HAS  SUBMITTED  AN
   47  APPLICATION  FOR  THE SAME FISCAL YEAR. FOR THE PURPOSE OF THIS SECTION,
   48  "FISCAL YEAR" SHALL MEAN THE PERIOD FROM APRIL FIRST THROUGH MARCH THIR-
   49  TY-FIRST. THE COMMISSIONER SHALL REVIEW ALL SUCH APPLICATIONS AND  SHALL
   50  DETERMINE  THE  AMOUNT  OF  STATE AID TO BE ALLOCATED TO EACH COUNTY OR,
   51  WHERE APPLICABLE, ANY CITY,  TOWN  OR  VILLAGE  WITHIN  SUCH  COUNTY  IN
   52  ACCORDANCE  WITH  THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION. OF
   53  THE AMOUNT THE COMMISSIONER DETERMINES EACH COUNTY OR, WHERE APPLICABLE,
   54  ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY  IS  ELIGIBLE  TO  RECEIVE,
   55  SEVENTY  PERCENT  SHALL  BE  MADE AVAILABLE FOR DISTRIBUTION BY NOVEMBER
       A. 7723                             5
    1  FIRST  AND  THIRTY  PERCENT  FOR  DISTRIBUTION  UPON  DEMONSTRATION   OF
    2  COMPLETION, SUBMITTED BY JUNE FIRST, OF THE PROGRAM.
    3    4. NOT MORE THAN THIRTY PERCENT OF THE ATV TRAIL DEVELOPMENT AND MAIN-
    4  TENANCE FUND PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW,
    5  AS  DETERMINED  BY  THE  COMMISSIONER,  SHALL  BE  MADE AVAILABLE TO THE
    6  COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION FOR  ATV
    7  TRAIL DEVELOPMENT AND MAINTENANCE ON STATE OWNED LANDS; PROVIDED, HOWEV-
    8  ER,  THAT  ANY SUCH MAINTENANCE AND DEVELOPMENT ON FOREST PRESERVE LANDS
    9  SHALL BE UNDERTAKEN IN ACCORDANCE WITH THE MASTER PLAN FOR  THE  MANAGE-
   10  MENT  OF  STATE  LANDS  PURSUANT TO SECTION EIGHT HUNDRED SIXTEEN OF THE
   11  EXECUTIVE LAW.
   12    5. THE AMOUNT OF STATE AID TO BE ALLOCATED TO EACH  COUNTY  OR,  WHERE
   13  APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY, SHALL BE DRAWN
   14  UPON  THE  MONIES REMAINING IN THE ATV TRAIL DEVELOPMENT AND MAINTENANCE
   15  FUND PURSUANT TO SECTION NINETY-TWO-GG OF THE STATE  FINANCE  LAW  AFTER
   16  WITHDRAWAL  PURSUANT  TO  SUBDIVISIONS  TWO AND FOUR OF THIS SECTION AND
   17  SHALL BE DETERMINED BY THE COMMISSIONER  AS  HEREINAFTER  PROVIDED.  THE
   18  COMMISSIONER SHALL DETERMINE THE PERCENTAGE PROPORTION WHICH THE AUTHOR-
   19  IZED  EXPENDITURES  OF  EACH INDIVIDUAL COUNTY OR, WHERE APPLICABLE, ANY
   20  CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY SHALL BEAR TO THE TOTAL AUTHOR-
   21  IZED EXPENDITURES OF ALL THE COUNTIES, CITIES, TOWNS OR VILLAGES FOR ATV
   22  TRAIL DEVELOPMENT AND MAINTENANCE PURSUANT TO THIS  SECTION  DURING  THE
   23  FISCAL  YEAR.  SUCH  PERCENTAGE PROPORTION SHALL THEN BE APPLIED AGAINST
   24  THE AMOUNT RECEIVED IN ADDITIONAL FEES IMPOSED BY SECTION  TWO  THOUSAND
   25  TWO  HUNDRED  EIGHTY-TWO OF THIS CHAPTER FOR REGISTRATION OF ATVS DURING
   26  SUCH FISCAL YEAR, TO THE EXTENT ONLY AND NOT EXCEEDING  THE  BALANCE  OF
   27  SUCH  FUND  REMAINING AFTER THE PAYMENT OF EXPENSES AS SET FORTH IN THIS
   28  SECTION. THE AMOUNT THUS DETERMINED SHALL CONSTITUTE THE MAXIMUM  AMOUNT
   29  OF  STATE  AID TO WHICH EACH COUNTY OR, WHERE APPLICABLE, ANY CITY, TOWN
   30  OR VILLAGE WITHIN SUCH COUNTY, SHALL BE ENTITLED. THE COMMISSIONER SHALL
   31  CERTIFY TO THE COMPTROLLER THE AMOUNT THUS DETERMINED  FOR  EACH  COUNTY
   32  OR,  WHERE  APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY, AS
   33  THE AMOUNT OF STATE AID TO BE  APPORTIONED  TO  SUCH  COUNTY  OR,  WHERE
   34  APPLICABLE, ANY CITY, TOWN OR VILLAGE WITHIN SUCH COUNTY.
   35    S  8.  Subdivision 1 of section 2403 of the vehicle and traffic law is
   36  amended by adding a new paragraph (c) to read as follows
   37    (C) AN ATV MAY OPERATE ON HIGHWAYS, FOR A DISTANCE NOT TO EXCEED  FIVE
   38  HUNDRED  YARDS,  WHEN  IN  THE  DETERMINATION OF THE GOVERNMENTAL AGENCY
   39  CONCERNED IT IS OTHERWISE IMPOSSIBLE FOR ATVS TO GAIN ACCESS TO AREAS OR
   40  TRAILS ADJACENT TO THE HIGHWAY, FOR THE PURPOSE ONLY OF  GAINING  ACCESS
   41  TO AND FROM THE AREAS OF OPERATION.
   42    S  9. Section 2403 of the vehicle and traffic law is amended by adding
   43  a new subdivision 5 to read as follows:
   44    5. TRESPASS. THE VIOLATION OF SUBDIVISION ONE, TWO, THREE, OR  THREE-A
   45  OF THIS SECTION SHALL BE A MISDEMEANOR AND SHALL CONSTITUTE A GROUND FOR
   46  SUSPENSION  OR REVOCATION OF THE ATV SAFETY CERTIFICATE OF ANY PERSON OR
   47  THE CERTIFICATE OF REGISTRATION OF ANY ATV INVOLVED IN  SUCH  VIOLATION.
   48  THE COMMISSIONER MAY SUSPEND OR REVOKE THE ATV SAFETY CERTIFICATE OF THE
   49  PERSON  COMMITTING  SUCH VIOLATION OR THE CERTIFICATE OF REGISTRATION OF
   50  THE ATV INVOLVED IN SUCH VIOLATION IN ACCORDANCE WITH THE PROVISIONS  OF
   51  SUBDIVISION THREE OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER.
   52    S 10. Subdivision 1 of section 2405 of the vehicle and traffic law, as
   53  added by chapter 402 of the laws of 1986, is amended to read as follows:
   54    1.  Highways.    (A)  Except  with  respect  to interstate highways or
   55  controlled  access  highways,  the  department  of  transportation  with
   56  respect to state highways, maintained by the state and any other govern-
       A. 7723                             6
    1  mental  agency  with  respect  to highways, including bridge and culvert
    2  crossings, under its jurisdiction may designate and post any such public
    3  highway or portion thereof as open for travel by ATVs when in the deter-
    4  mination  of the governmental agency concerned, it is otherwise impossi-
    5  ble for ATVs to gain access to areas or trails adjacent to the  highway.
    6  Such  designations by a state agency shall be by rule or regulation, and
    7  such designations by any municipality other than a state agency shall be
    8  by local law or ordinance.
    9    (B) ANY ATV OPERATOR UTILIZING A HIGHWAY IN ACCORDANCE WITH  PARAGRAPH
   10  (A)  OF  THIS  SUBDIVISION  SHALL  BE  IN POSSESSION OF A VALID DRIVER'S
   11  LICENSE; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH  SHALL
   12  NOT  APPLY  TO  AN OPERATOR UTILIZING A HIGHWAY IN ACCORDANCE WITH PARA-
   13  GRAPH (C) OF SUBDIVISION ONE OF SECTION  TWENTY-FOUR  HUNDRED  THREE  OF
   14  THIS ARTICLE.
   15    S  11.  Nothing  in this act shall be deemed to limit the authority of
   16  any county, city, town or village to adopt or amend  any  local  law  or
   17  ordinance  which  imposes  stricter  restrictions  and conditions on the
   18  operation of all terrain vehicles than are  provided  or  authorized  by
   19  this  act, so long as such local law or ordinance is consistent with the
   20  authority to protect the order,  conduct,  health,  safety  and  general
   21  welfare  of  persons or property. Nothing in this act shall be deemed to
   22  alter or invalidate any local law or ordinance in effect on  the  effec-
   23  tive date of this act.
   24    S  12.  This act shall take effect on the thirtieth day after it shall
   25  have become a law.