Bill Text: NY S07352 | 2009-2010 | General Assembly | Amended

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Bill Title: Directs the office of parks, recreation and historic preservation or other state agency having jurisdiction of a state park or recreational facility to establish a 3 year and a 5 year access fee that is valid in all state parks and recreational facilities.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-02 - PRINT NUMBER 7352A [S07352 Detail]

Download: New_York-2009-S07352-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7352--A
                                   I N  S E N A T E
                                    March 31, 2010
                                      ___________
       Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cultural Affairs, Tourism,
         Parks and Recreation -- reported favorably  from  said  committee  and
         committed  to  the  Committee on Finance -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT to amend the parks, recreation and historic preservation law, in
         relation to providing for a three-year and a five-year access fee
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  parks,  recreation  and historic preservation law is
    2  amended by adding two new sections 13.18 and 13.20 to read as follows:
    3    S 13.18 THREE-YEAR VEHICULAR ACCESS FEE. 1. NOTWITHSTANDING ANY  OTHER
    4  PROVISION  OF  LAW  TO  THE  CONTRARY,  THE OFFICE OR OTHER STATE AGENCY
    5  HAVING JURISDICTION OF A  STATE  PARK  OR  RECREATIONAL  FACILITY  SHALL
    6  ESTABLISH  A  THREE-YEAR VEHICULAR ACCESS FEE WHICH SHALL RUN FROM APRIL
    7  FIRST OF THE YEAR OF ISSUANCE TO MARCH THIRTY-FIRST OF  THE  THIRD  YEAR
    8  FOLLOWING  SUCH  ISSUANCE,  ENTITLING  THE  HOLDER THEREOF TO A PASS FOR
    9  VEHICULAR ADMISSION WITHOUT ADDITIONAL FEE TO ANY STATE PARK AND  RECRE-
   10  ATIONAL  FACILITY  WHICH HAS A VEHICULAR ACCESS FEE. SUCH THREE-YEAR FEE
   11  SHALL BE CONSISTENT  WITH  THE  FEE  SCHEDULE  ESTABLISHED  PURSUANT  TO
   12  SECTION  13.15  OF THIS ARTICLE AND SHALL BE APPROVED BY THE DIRECTOR OF
   13  THE BUDGET.
   14    2. THE PASS FOR VEHICULAR ACCESS SHALL BE  KNOWN  AS  THE  "THREE-YEAR
   15  EMPIRE PASSPORT". THE PASS SHALL BE AVAILABLE AT REGIONAL PARK HEADQUAR-
   16  TERS  AND  SUCH  OTHER  PLACES AS THE OFFICE OR OTHER STATE AGENCY SHALL
   17  DESIGNATE.  SUCH PASS, HAVING AN EMBLEM OF THE BLUEBIRD  THEREON,  SHALL
   18  BE AVAILABLE IN A FORM PRESCRIBED BY THE OFFICE.
   19    3.  SUCH PASS FOR VEHICULAR ACCESS SHALL NOT BE AVAILABLE TO THE OWNER
   20  OR OPERATOR OF AN OMNIBUS OPERATED FOR A COMMERCIAL PURPOSE, UNLESS SUCH
   21  OMNIBUS IS OPERATED BY OR PURSUANT TO AN  AGREEMENT  WITH  A  PUBLIC  OR
   22  PRIVATE  NONPROFIT  AGENCY FOR THE PURPOSE OF TRANSPORTING PERSONS TO OR
   23  FROM STATE PARKS FOR A RECREATIONAL EXPERIENCE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16112-06-0
       S. 7352--A                          2
    1    4.  IF DEMONSTRATED THAT THE USE OF THE PASS FOR VEHICULAR  ACCESS  IN
    2  PARTICULAR  PARKS  OR  RECREATIONAL FACILITIES IS CONTRARY TO THE PUBLIC
    3  INTEREST, THE OFFICE OR SUCH OTHER STATE AGENCY HAVING JURISDICTION  MAY
    4  PROHIBIT  ITS USE IN SUCH PARTICULAR PARKS OR RECREATIONAL FACILITIES BY
    5  RULE OR REGULATION.
    6    5.    THE  OFFICE OR OTHER STATE AGENCY HAVING JURISDICTION OF A STATE
    7  PARK OR RECREATIONAL FACILITY SHALL  PROMULGATE  SUCH  RULES  AND  REGU-
    8  LATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
    9    S  13.20  FIVE-YEAR VEHICULAR ACCESS FEE. 1. NOTWITHSTANDING ANY OTHER
   10  PROVISION OF LAW TO THE CONTRARY,  THE  OFFICE  OR  OTHER  STATE  AGENCY
   11  HAVING  JURISDICTION  OF  A  STATE  PARK  OR RECREATIONAL FACILITY SHALL
   12  ESTABLISH A FIVE-YEAR ACCESS FEE WHICH SHALL RUN FROM APRIL FIRST OF THE
   13  YEAR OF ISSUANCE TO MARCH THIRTY-FIRST OF THE FIFTH YEAR FOLLOWING  SUCH
   14  ISSUANCE, ENTITLING THE HOLDER THEREOF TO A PASS FOR VEHICULAR ADMISSION
   15  WITHOUT ADDITIONAL FEE TO ANY STATE PARK AND RECREATIONAL FACILITY WHICH
   16  HAS  AN  ACCESS FEE. SUCH FIVE-YEAR FEE SHALL BE CONSISTENT WITH THE FEE
   17  SCHEDULE ESTABLISHED PURSUANT TO SECTION 13.15 OF THIS ARTICLE AND SHALL
   18  BE APPROVED BY THE DIRECTOR OF THE BUDGET.
   19    2. THE PASS FOR VEHICULAR ACCESS SHALL  BE  KNOWN  AS  THE  "FIVE-YEAR
   20  EMPIRE PASSPORT". THE PASS SHALL BE AVAILABLE AT REGIONAL PARK HEADQUAR-
   21  TERS  AND  SUCH  OTHER  PLACES  AS THE OFFICE OR SUCH OTHER STATE AGENCY
   22  SHALL DESIGNATE.  SUCH PASS, HAVING AN EMBLEM OF THE BROOK TROUT  THERE-
   23  ON, SHALL BE AVAILABLE IN A FORM PRESCRIBED BY THE OFFICE.
   24    3.  SUCH PASS FOR VEHICULAR ACCESS SHALL NOT BE AVAILABLE TO THE OWNER
   25  OR OPERATOR OF AN OMNIBUS OPERATED FOR A COMMERCIAL PURPOSE, UNLESS SUCH
   26  OMNIBUS IS OPERATED BY OR PURSUANT TO AN  AGREEMENT  WITH  A  PUBLIC  OR
   27  PRIVATE  NONPROFIT  AGENCY FOR THE PURPOSE OF TRANSPORTING PERSONS TO OR
   28  FROM STATE PARKS FOR A RECREATIONAL EXPERIENCE.
   29    4.  IF DEMONSTRATED THAT THE USE OF THE PASS FOR VEHICULAR  ACCESS  IN
   30  PARTICULAR  PARKS  OR  RECREATIONAL FACILITIES IS CONTRARY TO THE PUBLIC
   31  INTEREST, THE OFFICE OR SUCH OTHER STATE AGENCY HAVING JURISDICTION  MAY
   32  PROHIBIT  ITS USE IN SUCH PARTICULAR PARKS OR RECREATIONAL FACILITIES BY
   33  RULE OR REGULATION.
   34    5.  THE OFFICE OR OTHER STATE AGENCY HAVING JURISDICTION  OF  A  STATE
   35  PARK  OR  RECREATIONAL  FACILITY  SHALL  PROMULGATE SUCH RULES AND REGU-
   36  LATIONS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   37    S 2. This act shall take effect January 1, 2011.