Senate Bill S7164

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7164--A
     Cal. No. 1267
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation  --  recom-
   mitted  to  the  Committee on Transportation in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee,  ordered  to
   first  report, amended on first report, ordered to a second report and
   ordered reprinted, retaining its place in the order of second report
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   certain  persons to use an ATV to enter and exit certain lands for ice
   fishing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 2403 of the vehicle and traffic law is amended by
 adding a new subdivision 2-a to read as follows:
   2-A. PUBLIC LANDS PERMITTING ICE FISHING. (A) DURING  TIMES  WHEN  ICE
 CONDITIONS  ARE REASONABLY SAFE FOR THE OPERATION OF ATVS, AS DETERMINED
 BY GUIDELINES PROVIDED BY THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION,
 AND ONLY ON LANDS WHERE SNOWMOBILE USE IS PERMITTED BY THE DEPARTMENT OF
 ENVIRONMENTAL  CONSERVATION,  INCLUDING WILDLIFE MANAGEMENT AREAS, STATE
 FORESTS, FOREST PRESERVES, AND STATE PARKS, A PERSON MAY OPERATE AN  ATV
 TO ENTER AND EXIT SUCH LANDS WHEN SUCH PERSON IS SIXTY-FIVE YEARS OF AGE
 OR  OLDER  OR SUCH PERSON IS SEVERELY DISABLED. SUCH PERSONS MAY UTILIZE
 AN ATV AS THE OPERATOR OR PASSENGER AND SHALL  RESTRICT  SUCH  USAGE  TO
 TRAVELING TO AND FROM ICE FISHING LOCATIONS.
   (B)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "SEVERELY DISABLED" SHALL
 MEAN ANY PERSON HAVING ANY ONE OR MORE  OF  THE  FOLLOWING  IMPAIRMENTS,
 DISABILITIES  OR  CONDITIONS WHICH ARE PERMANENT IN NATURE AND HAVE BEEN
 CERTIFIED BY A PHYSICIAN:
   (I) LIMITED OR NO USE OF ONE OR BOTH LOWER LIMBS;
   (II) NEURO-MUSCULAR DYSFUNCTION WHICH SEVERELY LIMITS MOBILITY;
   (III) A PHYSICAL OR MENTAL IMPAIRMENT OR CONDITION  OTHER  THAN  THOSE
 SPECIFIED  IN SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH, BUT WHICH IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11283-04-6
 S. 7164--A                          2
 
 OF SUCH NATURE AS TO IMPOSE UNUSUAL HARDSHIP IN  ACCESSING  ICE  FISHING
 LOCATIONS  AND SUCH IMPAIRMENT OR CONDITION IS CERTIFIED BY A PHYSICIAN,
 PHYSICIAN ASSISTANT OR NURSE PRACTITIONER, TO THE EXTENT  AUTHORIZED  BY
 LAW  AND  CONSISTENT WITH SUBDIVISION THREE OF SECTION SIX THOUSAND NINE
 HUNDRED TWO OF THE EDUCATION LAW, DULY  LICENSED  TO  PRACTICE  IN  THIS
 STATE,  OR A PODIATRIST DULY LICENSED TO PRACTICE PODIATRY IN THIS STATE
 OR AN OPTOMETRIST DULY LICENSED TO PRACTICE OPTOMETRY IN THIS STATE,  AS
 CONSTITUTING  AN  EQUAL  DEGREE OF DISABILITY (SPECIFYING THE PARTICULAR
 CONDITION) SO AS TO PREVENT SUCH  PERSON  FROM  GETTING  AROUND  WITHOUT
 GREAT DIFFICULTY IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION;
   (IV) BLINDNESS.
   § 2. This act shall take effect immediately.