Sponsorship

S.5706 - MAZIARZ

Sponsorship

A.8551 - MORELLE, DELMONTE, CARROZZA, GUNTHER, ZEBROWSKI K, christensen, destito, eddington, galef, kellner, lupardo, magee, mceneny, quinn, sayward

Sponsorship

A.916 - ENGLEBRIGHT / - -3

Memorandum in Support

BILL NUMBER: A916

TITLE OF BILL : 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

PURPOSE OR GENERAL IDEA OF THE BILL : This bill would protect the Forest Preserve, the Long Island Central Pine Barrens, and the Albany Pine Bush Preserve from environmental damage that results from all-terrain vehicle (ATV) operation on these sensitive state-protected lands.

SUMMARY OF PROVISIONS : This bill would prohibit the use of ATVs by the general public within the Forest Preserve. The bill would also codify the prohibition of ATV use, under the provisions of the land use plan for the Long Island Central Pine Barrens and under the rules and regulations for the Albany Pine Bush Preserve, on those lands.

The bill would continue to allow ATV use within the Forest Preserve in some specific instances provided for by Adirondack Park State Land Master Plan. The bill would continue to allow ATV use by a qualified person with a disability with a DEC permit, by DEC employees for appropriate administrative purposes, and by appropriate officials where necessary for law enforcement and in cases of emergencies.

The bill would provide resources for the enforcement of ATV laws on the Forest Preserve, on the Long Island Central Pine Barrens, and on the Albany Pine Bush Preserve. The bill would give law enforcement officials the option to impound an ATV that is being operated illegally on these lands. The bill would require the owner of an ATV to pay a $100 surcharge, at the time of redemption of an impounded ATV, in order to fund the enforcement of ATV laws that apply to these lands by the applicable enforcement authority. In cases where DEC is the enforcing entity, DEC would receive the monies collected from the surcharge.

The bill would preserve the ability of local governments to enact stricter laws or ordinances and would not alter or invalidate any local laws or ordinances already in effect.

JUSTIFICATION : Illegal ATV operation is damaging the Forest Preserve, which consists of State lands protected by Article 14 of the New York State Constitution as "Forever Wild." Documented evidence shows that ATVs are being operated illegally within the Adirondack Forest Preserve and that they are causing environmental damage, such as deep ruts, erosion, and ponding. Documented evidence shows that ATV users are not staying on designated roads and are going off-road into areas of the Forest Preserve where they are clearly not supposed to be (even in violation of DEC-posted signs and stop barriers that prohibit ATV access). The best way to stop the environmental degradation of the Forest Preserve is to prohibit access to it by ATVs. New Jersey passed a law last year to ban ATVs from State parks and forests.

The Adirondack Park State Land Master Plan contains specific provisions that require ATVs to go only on designated roads. In contracts, the Catskill Park State Land Master Plan does not have specific provisions for ATVs and treats them generally as all other motor vehicles.

The illegal operation of ATVs across the State is a growing concern as more vehicles are purchased each year. Last year, DEC publicly recognized the increasing problem of ATVs on Forest Preserve land. The Department reminded the public that ATVs can be used only on designated roads specifically posted by DEC for ATV use and for use by mobility-impaired individuals with a permit. DEC employees are already covered by a DEC Commissioner`s policy that restricts ATV use. The DEC also has closed some roads to all motor vehicle traffic in the Aldrich Pond Wild Forest area due to adverse impacts caused by ATVs.

ATV advocates are pressing the DEC to allow broader use of ATVs, especially on the Adirondack Forest Preserve. The enforcement problem that DEC faces will only get worse as time goes on. Prohibiting ATV use on the Forest Preserve will avoid the "creep" of ATV access through the Unit Management Planning process.

This bill extends the protections to the Forest Preserve that are available administratively to the Long Island Central Pine Barrens and the Albany Pine Bush Preserve. This bill also codifies those administrative provisions, helping to ensure that they will remain in place through the force of law. The Long Island Central Pine Barrens Comprehensive Land Use Plan states that operation of all-terrain vehicles is an incompatible recreational activity, which has major physical impacts on natural resources. The rules and regulations governing the public use of the Albany Pine Bush Preserve prohibit the use or possession of an ATV on Preserve lands, except for administrative use, use by persons with mobility impairments under permit, and on Preserve lands designated as parking areas.

DEC needs additional resources to adequately enforce operation of ATVs. This bill would provide those resources by requiring the payment of a surcharge when ATV owners redeem their ATVs impounded for illegal operation. This bill also provides enforcement officers with the additional enforcement tool of the option to impound an ATV, based upon the laws of the state of Maine and New York`s Suffolk County. Suffolk County has recently increased the strength of its local law that gives enforcement officers the option to impound an ATV under certain conditions and impose fines.

PRIOR LEGISLATIVE HISTORY :

05/12/03 referred to environmental conservation (A8480) 01/07/04 referred to environmental conservation 2005-06 A6665 referred to tourism, arts and sports development

FISCAL IMPLICATIONS : Resources for state and local enforcement officials

EFFECTIVE DATE : This act shall take effect immediately

Sponsorship

A.1492 - MAGEE / S.578 - LARKIN, RATH.

Memorandum in Support

BILL NUMBER: A1492

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to the operation of an all-terrain vehicle on school grounds

PURPOSE : To increase the penalties for the illegal operation of an All Terrain Vehicle (ATV) on public or private school grounds or on any baseball, football or soccer field that has been conspicuously posted as a no-trespassing area.

SUMMARY OF PROVISIONS : Section 1: Adds a new Vehicle & Traffic Law section 2403 (3-b) to make it a traffic infraction to illegally trespass on a posted school ground or athletic field with an ATV without the consent of the owner. This provision provides for a graduated punishment if the violator commits a similar infraction within an 18 month period of time.

EXISTING LAW : There are few penalties for the unauthorized use of an ATV on school grounds or on community athletic fields.

JUSTIFICATION : The unauthorized use of ATVs can be prevalent on certain school grounds and on community athletic fields. The repeated use of ATVs on such lands can cause extensive and expensive damage to these community assets. The inappropriate use of ATVs on school grounds and athletic fields can result in ruined baseball fields, ruts in football fields, and changes in water drainage patterns that makes certain fields wet and unusable for athletic events.

Under current law, defendants that are cited for trespass on school grounds are rarely fined the maximum of $250 and are often released with a warning or admonishment not to commit the violation again. The court`s disposition to dismiss complaints for the illegal use of ATVs has had a chilling effect on law enforcement officers who are faced with the proposition of citing those who illegally use ATVs on another`s property. The criminal penalties in this bill are increased to help deter this activity and to give law enforcement officers more tools to deter this activity so that community assets can be better protected. A similar bill increasing the penalties for the unauthorized use of ATVs on agricultural lands was signed into law as Chapter 601 of the Laws of 2005.

LEGISLATIVE HISTORY : S.7111 of 2005/2006.

FISCAL IMPLICATIONS : None.

LOCAL FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : The first of November next succeeding the date of enactment.

Sponsorship

A.3307 - ZEBROWSKI / - 2

Memorandum in Support

BILL NUMBER:A3307

TITLE OF BILL: An act to amend the penal law, in relation to establish- ing the crime of unlawful possession of an identity scanning device

PURPOSE OR GENERAL IDEA OF BILL: Establishes the crime of unlawful possession of an identity scanning device.

SUMMARY OF SPECIFIC PROVISIONS: Adds a new section 190.85 to the Penal law.

JUSTIFICATION: Identity theft is a growing problem in New York and throughout the coun- try. Identity scanning devices can be used to get a wide range of infor- mation about a person that, when used against the owners knowledge, can be financially devastating. This legislation will ensure that only persons with legitimate reasons are in possession of identity scanning devices thus, helping to reduce the occurrences of identity theft in New York.

LEGISLATIVE HISTORY: A9787 of 2005-2006

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.

Sponsorship

A.10964 - DESTITO

Memorandum in Support

BILL NUMBER:A10964A

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to designation of highways and public lands for travel by ATVs

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to clarify that localities may designate certain highways as ATV routes.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends Section 2405 of the Vehicle and Traffic Law to clarify that municipalities may designate and post public highways or sections of public highways as open for travel by ATV`s.

JUSTIFICATION: Effective April 15, 2008, the NYS Department of Environmental Conservation (DEC) closed 52 roads in DEC Region 6 that were previously open to ATV use. This decision severely impacts efforts to create a safe and well maintained trail network through several counties in the Tug Hill region.

ATV use has a tremendous impact on the North Country economy. ATV-related recreation supports jobs, generates sales and income taxes, and represents an untapped integral component of the tourism industry and the overall economy in New York State. Efforts are underway in neighboring states to promote tourism, including motorized vehicle associated recreation in the name of economic development.

According to a 2005 study conducted by Camoin Associates, the total economic impact (the sum of the direct, indirect, and induced impacts) of ATV spending in Tug Hill region was approximately $35.2 million to the regional economy, supporting employment of 701 individuals. A recent SNIRT (snow/dirt) even drew 1, 405 participants, where the average ATV enthusiast traveled 105 miles for the event, spent approximately $125,25 per day, for an estimated tourism impact for the region of $175, 985 for this one event.

DEC claims to have closed the ATV Toads because they were not in compliance with section 2405 of the Vehicle and Traffic Law, and brings DEC Region 6 into compliance with the rest of the state. Thus, this legislation will amend the Vehicle and Traffic Law to correct this issue and allow localities the option to designate highways under their jurisdiction as open for travel by ATV`s.

This legislation would allow localities to reopen these critical roads to ATV use and provide ATV enthusiasts with safe and well-maintained trails that will enable this recreational activity to continue to contribute to the region`s economy.

PRIOR LEGISLATIVE HISTORY: New legislation

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.

Sponsorship

A.8714 - DESTITO, scozzafava

Memorandum in Support

BILL NUMBER: A8714A

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to the definition of an all terrain vehicle or "ATV"

PURPOSE OR GENERAL IDEA OF BILL :

This bill amends subdivision 1 of section 2281 of the vehicle and traffic law to increase the defined weight of an "A TV" to 1500 pounds of dry weight.

SUMMARY OF SPECIFIC PROVISIONS :

This bill provides that an "all terrain vehicle" or "ATV" may be used primarily on off-highway trails and competitions provided that such a vehicle does not exceed seventy inches in width, or one thousand two hundred fifty pounds dry weight. Provided, however, this provision shall not include a "snowmobile" or other self propelled vehicles manufactured for off-highway use exclusively designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts, or cleats which utilize and endless belt trend.

JUSTIFICATION :

Due to the increase in the weight of vehicles, the current one thousand pounds dry weight limit on "all terrain vehicles" and "ATVs" is forcing New Yorkers to register their vehicles in other states. The proposed legislation would allow more New Yorkers to register their "ATV s" in New York State, which would in turn provide for increased revenue for New York State due to the cost of registration.

LEGISLATIVE HISTORY :

2007: A.8714 - Referred to Assembly Transportation Committee 2006: S.3160/ A. 8259 - Transportation Committee

FISCAL IMPLICATIONS :

The registration fee will generate new revenues to the state.

EFFECTIVE DATE : Immediate.

Sponsorship

S.6890 - LITTLE, DEFRANCISCO, FARLEY, GRIFFO, LARKIN, MAZIARZ, RATH, SEWARD, TRUNZO, VOLKER, WINNER, YOUNG

Sponsorship

A.3811 - BARCLAY, BURLING, SAYWARD, CROUCH, RABBITT, GIGLIO, bacalles, barra, calhoun, cole, conte, errigo, finch, fitzpatrick, hawley, kirwan, kolb, mcdonald, miller, oaks, o`mara, quinn, raia, saladino, scozzafava, tedisco, townsend, walker / - 2

Memorandum in Support

BILL NUMBER: A3811

TITLE OF BILL : An act to amend the parks, recreation and historic preservation law, the vehicle and traffic law and the environmental conservation law, in relation to all terrain vehicles; to amend the state finance law, in relation to establishing the all terrain vehicle trail developmental maintenance fund; to repeal subdivision 4 of section 2404 of the vehicle and traffic law relating to seating for the operator and passenger of an all terrain vehicle; and making an appropriation therefor

PURPOSE OR GENERAL IDEA OF BILL : To promote and encourage ATV trail development, regardless of whether those trails are developed by government entities, not-for-profit organizations or for-profit organizations. To repeal the current ATV registration fee and prohibit the imposition of a registration fee until $10 million of General Fund money is used for ATV trail development and maintenance. To create an ATV trail fee and direct that money towards the development and maintenance of ATV trails, enforcement of appropriate ATV laws and regulations, and protection and mitigation of public and private property from unlawful ATV use.

SUMMARY OF SPECIFIC PROVISIONS : * Defines a "qualified organization."

* Creates a new title D-1 of the Parks, Recreation, and Historic Preservation Law which outlines the general provisions relating to all terrain vehicles.

* Provides funding to various entities and organizations for ATV enforcement, ATV education and training, and ATV trail development and maintenance.

* Requires the creation and distribution of a statewide ATV trail map and user guide.

* Requires permanent registration plates for ATVs.

* Redesignates subdivision 4 of section 2404 of the Vehicle and Traffic Law.

* Repeals the ATV registration fee and prohibits the imposition of an ATV registration fee until $10 million of State General Fund money is used for ATV trail development and maintenance.

* Creates penalties for failing to comply with the rules regarding ATV use.

* Creates the ATV Trail Development and Maintenance Fund.

* Authorizes the Department of Environmental Conservation (DEC) to develop rules to protect New York`s natural resources from the development, maintenance, and use of ATV trails.

* Appropriates $10 million from the State`s General Fund into the ATV Trail Development and Maintenance Fund.

JUSTIFICATION : ATV riders in New York have already developed a pay-to-play statewide, private off-highway motorcycle and ATV trail system with over 10,000 acres and hundreds of trails spread among eight riding destinations. The TrailPass program is the result of the market forcing private businesses to provide riding opportunities and at the same time creating small business opportunities.

This legislation would allow private entities, such as TrailPass, to use money from the ATV Trail Development and Maintenance Fund to promote, develop, construct, and maintain ATV trails. This private trail development would remove the burden from the State, which is reluctant to develop the trails because of the environmental damage, and from local municipalities, which are concerned with local liability, homeowner liability and negative feelings by snowmobile clubs. Many feel that ATVs have many different issues than snowmobile operators and this establishes a system of ATV trails not based on the snowmobile trail model, but instead more specifically addresses the needs of ATV users.

Environmental concerns would be also addressed under this legislation because the DEC would regulate these enterprises and prevent erosion and water pollution through storm water and erosion control standards. TrailPass already works with the DEC, assisting with enforcement of registration and patrolling of trails. The infrastructure for a private trail system is already in place and the industry should be nurtured to ensure that New York has a viable, but environmentally-aware ATV trail program. This would allow large landholders, especially those with large tracts of wooded land, to keep those lands wooded, allow them to make a profit and keep those lands generating tax revenue for the local schools and municipalities. A similar grant program to promote private ATV trails has been started by Pennsylvania and New York needs to act to keep ATV riders in New York rather than taking their discretionary funds to other states.

Additionally, this legislation eliminates the ATV registration fee and prohibits the imposition of a registration fee until $10 million of State General Fund money is used for trail development and maintenance. The original intent of the imposition of an ATV registration fee was that the money would be used to develop and maintain trails across the State. However, no agreement was ever made on how to expend the funds so the registration fee was deposited into the General Fund. In 2005, the Legislature created the ATV Trail Development, Maintenance, and Stewardship Fund and imposed an additional $15 fee on users that was to be deposited into the Fund to create and maintain a statewide trail system. ATV users were willing to pay the increased fee since it finally meant there would be a trail system to enjoy. However, the language to use the money in the Fund was never agreed upon and ATV users were again let down. Therefore, in order to give these outdoor enthusiasts the trail system they have been working towards this legislation prohibits imposing an ATV registration fee until at least $10 million of General Fund money is used to develop and maintain a trail system in New York.

PRIOR LEGISLATIVE HISTORY : New bill. Similar legislative intent as A.3360 of 2005. 2005-2006 A.9286-B - amend (t) and recommit to tourism, arts and sports development. Print number 9286b

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None.

EFFECTIVE DATE : This act shall take effect on the first of April next succeeding the date on which it shall have become a law, except that the state aid authorized by subdivisions 2, 3, 4, and 6 of section 27.23 of the parks, recreation and historic preservation law, as added by section three of such effective date; provided however, sections five, six, eight, nine and eleven of this act shall take effect on the one hundred twentieth day after it shall have become a law; and provided further that effective immediately, the amendment, addition and/or repeal of any rule or effective date is hereby authorized and directed to be completed on or before such effective date.

Sponsorship

A.2403 - MORELLE / - -1

Memorandum in Support

BILL NUMBER: A2403

TITLE OF BILL : An act to amend the vehicle and traffic law, in relation to the registration of all-terrain vehicles

PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to provide for better enforcement of ATVs by amending the requirement that ATV`s to be registered at the point of sale.

SUMMARY OF SPECIFIC PROVISIONS : This bill would amend the current point-of-sale registration of ATVs by clarifying the dates of point-of-sale registration for ATVs. Current law requires ATV registration to be valid until August 31 the following year, provided that any ATV sold after April 1 of each year shall be valid until August 31 the following year. This bill simply stipulates that any ATV registered between April 1 and August 31 would be valid until August 31 the following year.

JUSTIFICATION : As of 2002 statistics provided by the New York State Department of Motor Vehicles, there were 126,215 all terrain vehicles registered in New York State. However, there are estimated to be over 300,000 ATVs statewide, correlating to a less than 50% rate of registration. As demands for increased enforcement occur due to ATV trespass on public and private lands, as well as efforts by the ATV community to police its own membership increase, point of sale ATV registration is necessary. This bill would require that ATVs be registered at the point of sale, much like snowmobiles and other motor vehicles. This would help in enforcement, and encourage ATV users to join ATV rider clubs.

Chapter 59 of the Laws of 2005, which enacted the economic development and environmental conservation portions of the budget, established a registration at the time of sale for all-terrain vehicles. This legislation as amended would clarify the dates of point-of-sale registration that any ATV registered between April 1 and August 31 would be valid until August 31 the following year.

PRIOR LEGISLATIVE HISTORY : A.9538-A of 2004. A.2949-A of 2005-2006.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.