S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7506--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 6, 2011
                                      ___________
       Introduced  by M. of A. RUSSELL -- read once and referred to the Commit-
         tee on Transportation -- committee discharged, bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN  ACT to amend the vehicle and traffic law, in relation to designation
         of highways and public lands for travel by ATVs
         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 2405 of the vehicle and traffic
    2  law, as added by chapter 402 of the laws of 1986, is amended to read  as
    3  follows:
    4    1.  Highways. Except with respect to interstate highways or controlled
    5  access highways, [the department of transportation with  respect  to]  A
    6  GOVERNMENTAL  AGENCY  OR  MUNICIPALITY  MAY DESIGNATE A state [highways]
    7  HIGHWAY, maintained by the state [and any other governmental agency with
    8  respect to highways], OR A HIGHWAY MAINTAINED BY A GOVERNMENTAL  AGENCY,
    9  including  bridge  and  culvert  crossings,  under its jurisdiction [may
   10  designate and] AS OPEN FOR TRAVEL BY ATVS IN ORDER  TO  GAIN  ACCESS  TO
   11  AREAS  OR  TRAILS ADJACENT TO SUCH HIGHWAYS AND THE DEPARTMENT OF TRANS-
   12  PORTATION SHALL post any such public highway or portion thereof as  open
   13  for travel by ATVs [when in the determination of the governmental agency
   14  concerned,  it is otherwise impossible for ATVs] to gain access to areas
   15  or trails adjacent to the highway.  Such designations by a state  agency
   16  shall  be  by  rule  or regulation, and such designations by any munici-
   17  pality other than a state agency shall be by local law or ordinance.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01686-03-1