Bill Text: NY S05419 | 2023-2024 | General Assembly | Introduced

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Bill Title: Increases fees for snowmobile trail development and maintenance for residents; adjusts the fee structure for snowmobile registrations for residents and non-residents of New York who do not belong to an organized New York state snowmobile club.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05419 Detail]

Download: New_York-2023-S05419-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5419

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 3, 2023
                                       ___________

        Introduced  by  Sens.  KENNEDY, BRESLIN, MANNION, RYAN -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Transportation

        AN  ACT  to  amend the vehicle and traffic law and the parks, recreation
          and historic preservation law, in  relation  to  fees  for  snowmobile
          trail development and maintenance

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4-a of section 2222 of the vehicle and  traffic
     2  law,  as  amended by chapter 609 of the laws of 2005, is amended to read
     3  as follows:
     4    4-a. Additional fee.  In addition to the other fees  provided  for  in
     5  paragraphs  (a),  (b)  and  (c)  of subdivision four of this section the
     6  commissioner shall, upon application in such cases for the  registration
     7  of  a snowmobile or the renewal thereof, collect the annual [ninety] one
     8  hundred twenty-five dollar fee for residents and  [ninety]  one  hundred
     9  twenty-five  dollar  fee for nonresidents and a [thirty-five] fifty-five
    10  dollar fee for residents and [thirty-five]  fifty-five  dollar  fee  for
    11  nonresidents  who  provide proof, at the time of registration, that such
    12  individual is a member of an organized New York  state  snowmobile  club
    13  that  is  a  member of the New York state snowmobile association or is a
    14  member of an organized New York state snowmobile club that  is  a  trail
    15  maintenance entity and a member of the New York state snowmobile associ-
    16  ation  which  are  imposed by section 21.07 of the parks, recreation and
    17  historic preservation law. In the event that an individual seeking snow-
    18  mobile club membership is unable, for any reason, to  secure  such  club
    19  membership,  he or she may contact the New York state snowmobile associ-
    20  ation, who shall secure such membership for such person. This fee  shall
    21  also  be collected from dealers at the time of original registration and
    22  at the time of each renewal. The  commissioner  shall  effectuate  regu-
    23  lations  regarding  what is required as proof of membership in an organ-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00328-01-3
        S. 5419                             2

     1  ized New York state snowmobile club that is a trail  maintenance  entity
     2  and  a  member  of  the  New  York  state snowmobile association for the
     3  purposes of this subdivision.
     4    §  2. Section 21.07 of the parks, recreation and historic preservation
     5  law, as amended by chapter 609 of the laws of 2005, is amended  to  read
     6  as follows:
     7    §  21.07  Fee  for snowmobile trail development and maintenance.  1. A
     8  fee of [ninety] one hundred twenty-five dollars is hereby  imposed  upon
     9  the  resident,  and  [ninety]  one  hundred twenty-five dollars upon the
    10  nonresident, owner of a snowmobile for the snowmobile trail  development
    11  and  maintenance  fund  to be paid to the commissioner of motor vehicles
    12  upon the registration  thereof  in  addition  to  the  registration  fee
    13  required by the vehicle and traffic law, the payment of which fee hereby
    14  imposed  shall  be  a  condition  precedent to such individual resident,
    15  individual nonresident or dealer registration.
    16    2. Notwithstanding the fee as established in subdivision one  of  this
    17  section,  an individual resident or nonresident registering a snowmobile
    18  who provides proof at the time of registration, that such individual  is
    19  a member of an organized New York state snowmobile club that is a member
    20  of the New York state snowmobile association or is a member of an organ-
    21  ized  New  York state snowmobile club that is a trail maintenance entity
    22  and a member of the New York state  snowmobile  association,  shall  pay
    23  [thirty-five]  fifty-five dollars for each snowmobile for the snowmobile
    24  trail development and maintenance fund in addition to  the  registration
    25  required by the vehicle and traffic law. In the event that an individual
    26  seeking  snowmobile club membership is unable, for any reason, to secure
    27  such club membership, he or she may contact the New York  state  snowmo-
    28  bile association, who shall secure such membership for such person.
    29    §  3.  Subdivisions  3 and 5 of section 27.17 of the parks, recreation
    30  and historic preservation law, subdivision 3 as amended by section 2  of
    31  part G of chapter 82 of the laws of 2002 and subdivision 5 as amended by
    32  chapter 88 of the laws of 1988, are amended to read as follows:
    33    3. Every county or, where applicable, any city, town or village within
    34  such county, shall be eligible for a grant for the development and main-
    35  tenance  of  a  system  of snowmobile trails and a program with relation
    36  thereto within its boundaries. Such grants shall be made by the  commis-
    37  sioner  and may constitute up to one hundred percent of the cost of such
    38  program including expenditures incurred for signs and markers of snowmo-
    39  bile trails. Any county or, where applicable, any city, town or  village
    40  within  such county, applying for such grant shall submit to the commis-
    41  sioner by September first of each year an [estimate of such expenditures
    42  for the current fiscal year,] application in such  form  and  containing
    43  such  information  as  the  commissioner  may  require. No city, town or
    44  village may apply for such grant where the county  within  which  it  is
    45  contained has submitted an application for the same fiscal year. For the
    46  purpose  of this section, "fiscal year" shall mean the period from April
    47  first through March thirty-first. The commissioner shall review all such
    48  applications and shall determine the amount of state aid to be allocated
    49  to each county or, where applicable, any city, town  or  village  within
    50  such  county  in  accordance  with the provisions of subdivision five of
    51  this section. Of the amount the commissioner determines each county  or,
    52  where applicable, any city, town or village within such county is eligi-
    53  ble to receive, seventy percent shall be made available for distribution
    54  by November first and thirty percent for distribution upon demonstration
    55  of  completion,  submitted by June first[, of the program] following the
    56  project year, or such date as contained in the application.
        S. 5419                             3

     1    5. The amount of state aid to be allocated to each  county  or,  where
     2  applicable, any city, town or village within such county, shall be drawn
     3  upon  the monies remaining in the snowmobile trail development and main-
     4  tenance fund after withdrawal pursuant to subdivisions two and  four  of
     5  this  section and shall be determined by the commissioner as hereinafter
     6  provided. [The commissioner shall determine  the  percentage  proportion
     7  which  the  authorized  expenditures of each individual county or, where
     8  applicable, any city, town or village within such county shall  bear  to
     9  the  total authorized expenditures of all the counties, cities, towns or
    10  villages for snowmobile trail development and  maintenance  pursuant  to
    11  this  section  during  the fiscal year. Such percentage proportion shall
    12  then be applied against the amount received in additional  fees  imposed
    13  by  section 21.07 of this chapter for registration of snowmobiles during
    14  such fiscal year, to the extent only and not exceeding  the  balance  of
    15  such  fund  remaining after the payment of expenses as set forth in this
    16  section. The amount thus determined shall constitute the maximum  amount
    17  of  state  aid to which each county or, where applicable, any city, town
    18  or village within such county, shall be entitled. The commissioner shall
    19  certify to the comptroller the amount thus determined  for  each  county
    20  or,  where  applicable, any city, town or village within such county, as
    21  the amount of state aid to be  apportioned  to  such  county  or,  where
    22  applicable,  any  city, town or village within such county.] The commis-
    23  sioner shall estimate an amount that is available  for  state  aid,  and
    24  shall  define  and  establish a base rate per mile of trail, which shall
    25  constitute the base grant to each local sponsor.    For the purposes  of
    26  this  section,  local sponsor shall mean a county engaging and assisting
    27  in the development and maintenance of a system of snowmobile trails  and
    28  a program with relation thereto within its boundaries to encourage safe-
    29  ty, tourism and utilization, or in the event a county does not undertake
    30  such  a  program  or  system of trails, any city, town or village within
    31  such county which undertakes the same. Such state aid shall be  provided
    32  as  described in subdivision one of this section. The commissioner shall
    33  pay over to the municipal sponsor the thirty percent of the  outstanding
    34  base  grant upon completion of the project. The commissioner, in consul-
    35  tation with the division of budget, may pay expenses in  excess  of  the
    36  base  grant  when  the  municipal  sponsor can demonstrate that approved
    37  expenses exceeded amounts provided for in  the  combined  payments,  and
    38  additional funds are available from the snowmobile trail development and
    39  maintenance  fund. The commissioner shall calculate all expenses submit-
    40  ted in excess of the base grant and may distribute additional aid  on  a
    41  prorated basis to support such expenses.
    42    §  4.  This  act shall take effect on the ninetieth day after it shall
    43  have become a law. Effective immediately, the addition, amendment and/or
    44  repeal of any rule or regulation necessary  for  the  implementation  of
    45  this  act  on its effective date are authorized to be made and completed
    46  on or before such effective date.