STATE OF NEW YORK ________________________________________________________________________ 218 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. MAGNARELLI, WOERNER, JONES, STIRPE, BUTTENSCHON -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00328-01-3
A. 218 2 1 lations regarding what is required as proof of membership in an organ- 2 ized New York state snowmobile club that is a trail maintenance entity 3 and a member of the New York state snowmobile association for the 4 purposes of this subdivision. 5 § 2. Section 21.07 of the parks, recreation and historic preservation 6 law, as amended by chapter 609 of the laws of 2005, is amended to read 7 as follows: 8 § 21.07 Fee for snowmobile trail development and maintenance. 1. A 9 fee of [ninety] one hundred twenty-five dollars is hereby imposed upon 10 the resident, and [ninety] one hundred twenty-five dollars upon the 11 nonresident, owner of a snowmobile for the snowmobile trail development 12 and maintenance fund to be paid to the commissioner of motor vehicles 13 upon the registration thereof in addition to the registration fee 14 required by the vehicle and traffic law, the payment of which fee hereby 15 imposed shall be a condition precedent to such individual resident, 16 individual nonresident or dealer registration. 17 2. Notwithstanding the fee as established in subdivision one of this 18 section, an individual resident or nonresident registering a snowmobile 19 who provides proof at the time of registration, that such individual is 20 a member of an organized New York state snowmobile club that is a member 21 of the New York state snowmobile association or is a member of an organ- 22 ized New York state snowmobile club that is a trail maintenance entity 23 and a member of the New York state snowmobile association, shall pay 24 [thirty-five] fifty-five dollars for each snowmobile for the snowmobile 25 trail development and maintenance fund in addition to the registration 26 required by the vehicle and traffic law. In the event that an individual 27 seeking snowmobile club membership is unable, for any reason, to secure 28 such club membership, he or she may contact the New York state snowmo- 29 bile association, who shall secure such membership for such person. 30 § 3. Subdivisions 3 and 5 of section 27.17 of the parks, recreation 31 and historic preservation law, subdivision 3 as amended by section 2 of 32 part G of chapter 82 of the laws of 2002 and subdivision 5 as amended by 33 chapter 88 of the laws of 1988, are amended to read as follows: 34 3. Every county or, where applicable, any city, town or village within 35 such county, shall be eligible for a grant for the development and main- 36 tenance of a system of snowmobile trails and a program with relation 37 thereto within its boundaries. Such grants shall be made by the commis- 38 sioner and may constitute up to one hundred percent of the cost of such 39 program including expenditures incurred for signs and markers of snowmo- 40 bile trails. Any county or, where applicable, any city, town or village 41 within such county, applying for such grant shall submit to the commis- 42 sioner by September first of each year an [estimate of such expenditures 43 for the current fiscal year,] application in such form and containing 44 such information as the commissioner may require. No city, town or 45 village may apply for such grant where the county within which it is 46 contained has submitted an application for the same fiscal year. For the 47 purpose of this section, "fiscal year" shall mean the period from April 48 first through March thirty-first. The commissioner shall review all such 49 applications and shall determine the amount of state aid to be allocated 50 to each county or, where applicable, any city, town or village within 51 such county in accordance with the provisions of subdivision five of 52 this section. Of the amount the commissioner determines each county or, 53 where applicable, any city, town or village within such county is eligi- 54 ble to receive, seventy percent shall be made available for distribution 55 by November first and thirty percent for distribution upon demonstration
A. 218 3 1 of completion, submitted by June first[, of the program] following the 2 project year, or such date as contained in the application. 3 5. The amount of state aid to be allocated to each county or, where 4 applicable, any city, town or village within such county, shall be drawn 5 upon the monies remaining in the snowmobile trail development and main- 6 tenance fund after withdrawal pursuant to subdivisions two and four of 7 this section and shall be determined by the commissioner as hereinafter 8 provided. [The commissioner shall determine the percentage proportion 9 which the authorized expenditures of each individual county or, where 10 applicable, any city, town or village within such county shall bear to 11 the total authorized expenditures of all the counties, cities, towns or 12 villages for snowmobile trail development and maintenance pursuant to 13 this section during the fiscal year. Such percentage proportion shall 14 then be applied against the amount received in additional fees imposed 15 by section 21.07 of this chapter for registration of snowmobiles during 16 such fiscal year, to the extent only and not exceeding the balance of 17 such fund remaining after the payment of expenses as set forth in this 18 section. The amount thus determined shall constitute the maximum amount 19 of state aid to which each county or, where applicable, any city, town 20 or village within such county, shall be entitled. The commissioner shall 21 certify to the comptroller the amount thus determined for each county 22 or, where applicable, any city, town or village within such county, as 23 the amount of state aid to be apportioned to such county or, where 24 applicable, any city, town or village within such county.] The commis- 25 sioner shall estimate an amount that is available for state aid, and 26 shall define and establish a base rate per mile of trail, which shall 27 constitute the base grant to each local sponsor. For the purposes of 28 this section, local sponsor shall mean a county engaging and assisting 29 in the development and maintenance of a system of snowmobile trails and 30 a program with relation thereto within its boundaries to encourage safe- 31 ty, tourism and utilization, or in the event a county does not undertake 32 such a program or system of trails, any city, town or village within 33 such county which undertakes the same. Such state aid shall be provided 34 as described in subdivision one of this section. The commissioner shall 35 pay over to the municipal sponsor the thirty percent of the outstanding 36 base grant upon completion of the project. The commissioner, in consul- 37 tation with the division of budget, may pay expenses in excess of the 38 base grant when the municipal sponsor can demonstrate that approved 39 expenses exceeded amounts provided for in the combined payments, and 40 additional funds are available from the snowmobile trail development and 41 maintenance fund. The commissioner shall calculate all expenses submit- 42 ted in excess of the base grant and may distribute additional aid on a 43 prorated basis to support such expenses. 44 § 4. This act shall take effect on the ninetieth day after it shall 45 have become a law. Effective immediately, the addition, amendment and/or 46 repeal of any rule or regulation necessary for the implementation of 47 this act on its effective date are authorized to be made and completed 48 on or before such effective date.