Bill Text: NJ A5489 | 2018-2019 | Regular Session | Introduced


Bill Title: Allows persons 65 and older to operate all-terrain vehicles on certain State lands while hunting.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-06-06 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A5489 Detail]

Download: New_Jersey-2018-A5489-Introduced.html

ASSEMBLY, No. 5489

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED JUNE 6, 2019

 


 

Sponsored by:

Assemblyman  MATTHEW W. MILAM

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman  R. BRUCE LAND

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Allows persons 65 and older to operate all-terrain vehicles on certain State lands while hunting.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning all-terrain vehicle use while hunting on State lands and supplementing Title 23 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding the provisions of any other law, or any rule or regulation adopted pursuant thereto to the contrary, a person 65 years of age or older may operate an all-terrain vehicle in a State park, forest, or wildlife management area while hunting, subject to the conditions and limitations established by rules and regulations adopted pursuant to pursuant to subsection b. of this section.

     b.    The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement this section.  The rules and regulations shall authorize a person 65 years of age or older to operate an all-terrain vehicle while hunting and shall:

     (1)   require the person to possess and display a valid hunting license and comply with all applicable provisions of the State Fish and Game Code;

     (2)   require the person to comply with the provisions of P.L.1973, c.307 (C.39:3C-1 et seq.), and rules and regulations adopted pursuant thereto, and any other applicable law governing all-terrain vehicle use;

     (3)   require the person to be actively engaged in hunting while operating the all-terrain vehicle but in no case shall a person hunt from a moving all-terrain vehicle;

     (4)   require the person to possess a valid form of identification that identifies the person's age as being 65 years or greater;

     (5)   require the person to operate the all-terrain vehicle only on existing roads and trails; and

     (6)   exclude State parks and forests and wildlife management areas in which hunting is not allowed or in which all-terrain vehicle use would be unduly damaging to the environment.

     c.     Any person who violates the provisions of this section, or any rule or regulation adopted pursuant thereto, shall be subject to the penalties provided in subsection e. of R.S.23:4-16.

     2.    This act shall take effect immediately.

 

STATEMENT

 

     This bill would allow a person 65 years of age or older to operate an all-terrain vehicle (ATV) on certain State lands under certain conditions while hunting.  The Department of Environmental Protection (DEP) would be required to adopt rules and regulations to allow a person 65 years if age or older to operate an ATV in a State park, forest, or wildlife management area while hunting, provided that: (1) the person has a valid hunting license and complies with the State Fish and Game Code; (2) the person follows all existing regulations regarding ATVs; (3) the person is actively engaged in hunting while operating the ATV, but in no case shall a person hunt from a moving ATV; (4) the person possesses proof of age; and (5) the person only operates the ATV on existing trails. 

     The rules adopted by the DEP would also exclude those State parks, forests and wildlife management areas in which hunting is not allowed or in which all-terrain vehicle use would be unduly damaging to the environment.  The bill would provide that a person who violates the provisions of the bill or any rule and regulations adopted pursuant thereto would be subject to the penalties provided in subsection e. of R.S.23:4-16. 

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