BILL NUMBER: S8399
SPONSOR: HARCKHAM
 
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.

Statutes affected:
S8399: 2282 vehicle and traffic law, 2282(1) vehicle and traffic law, 2282(4) vehicle and traffic law, 2282(12) vehicle and traffic law, 2411 vehicle and traffic law, 2281 vehicle and traffic law, 2281(1) vehicle and traffic law, 1-0303 environmental conservation law, 9-0303 environmental conservation law