Bill S1499-2011

Directs department of environmental conservation or its successor agency to establish management areas for newly acquired forest preserve lands

Directs the department of environmental conservation, and any successor agency thereto, to establish a reasonable number of forest preserve management areas upon state lands, acquired on or after the effective date of this amendment to the constitution, which are made a part of the state forest preserve; authorizes the cutting, sale and removal of timber on such lands, and the use of motorized equipment for such purposes.

Details

Actions

  • Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Apr 27, 2011: OPINION REFERRED TO JUDICIARY
  • Jan 14, 2011: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 7, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S1499

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the operation of motor vehicles with a display device

PURPOSE: The purpose of this bill is to prevent distracted driving by prohibiting the viewing of pre-recorded video signals while operating a motor vehicle.

SUMMARY OF PROVISIONS: This bill would prohibit any person from operating a motor vehicle in which a video monitor displaying pre-recorded video signals is within the view of the operator of such a vehicle. These provisions shall not apply to the video monitor of any global positioning or navigational system.

JUSTIFICATION: This bill seeks to address the use and abuse of technology while driving on the road. Today's automobile manufacturers are installing video monitors within vehicles for a variety of reasons. Many such monitors are human aid tools, which assist the driver such as global positioning or navigational systems. However, many people also have devices such as DVD or VHS players installed within their vehicles as well. This bill seeks to prevent distracted driving by making it unlawful to operate a motor vehicle which is equipped with a television set, or other video monitor upon which pre-recorded programming may be displayed within the view of the operator of such a vehicle.

LEGISLATIVE HISTORY: 2005-2008: Passed Senate; 2009-10: Senate Trans. Committee; 2011-12: Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1499 2011-2012 Regular Sessions IN SENATE January 7, 2011 ___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 1 of article 14 of the constitution, in relation to the management and use of the lands of the state forest preserve Section 1. Resolved (if the Assembly concur), That section 1 of arti- cle 14 of the constitution be amended to read as follows: Section 1. The lands of the state, now owned or hereafter acquired, constituting the forest preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR ANY OTHER STATE DEPARTMENT OR AGENCY WHICH SUCCEEDS TO THE POWERS, DUTIES AND FUNCTIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RELATING TO THE MANAGEMENT AND REGULATION OF THE FOREST PRESERVE, SHALL BE AUTHORIZED AND DIRECTED TO ESTABLISH UPON ANY LANDS OF THE STATE ACQUIRED ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH CONSTITUTING A PORTION OF THE FOREST PRESERVE, A REASONABLE NUMBER OF FOREST PRESERVE MANAGEMENT AREAS. THE STATE, ACTING BY AND THROUGH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR SUCH SUCCESSOR DEPARTMENT OR AGENCY THERETO, MAY CUT, SELL AND CONTRACT FOR THE SALE AND REMOVAL OF TIMBER UPON SUCH LANDS CONSISTENT WITH SUCH PROVISIONS OF LAW AS THE LEGISLATURE SHALL ENACT RELATING THERETO. FURTHERMORE, MOTORIZED EQUIPMENT SHALL BE AUTHORIZED TO BE USED UPON SUCH LANDS, AND ROADS MAY BE CONSTRUCTED THEREON FOR THE PURPOSES OF IMPLEMENTING THE PROVISIONS OF THIS PARAGRAPH. Nothing herein contained shall prevent the state from constructing, completing and maintaining any highway heretofore specifically authorized by constitutional amend- ment, nor from constructing and maintaining to federal standards federal aid interstate highway route five hundred two from a point in the vicin- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD89059-01-1 S. 1499 2 ity of the city of Glens Falls, thence northerly to the vicinity of the villages of Lake George and Warrensburg, the hamlets of South Horicon and Pottersville and thence northerly in a generally straight line on the west side of Schroon Lake to the vicinity of the hamlet of Schroon, then continuing northerly to the vicinity of Schroon Falls, Schroon River and North Hudson, and to the east of Makomis Mountain, east of the hamlet of New Russia, east of the village of Elizabethtown and continu- ing northerly in the vicinity of the hamlet of Towers Forge, and east of Poke-O-Moonshine Mountain and continuing northerly to the vicinity of the village of Keeseville and the city of Plattsburgh, all of the afore- said taking not to exceed a total of three hundred acres of state forest preserve land, nor from constructing and maintaining not more than twen- ty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than five miles of such trails shall be in excess of one hundred twenty feet wide, on the north, east and northwest slopes of Whiteface Mountain in Essex county, nor from constructing and maintaining not more than twenty-five miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than two miles of such trails shall be in excess of one hundred twenty feet wide, on the slopes of Belleayre Moun- tain in Ulster and Delaware counties and not more than forty miles of ski trails thirty to two hundred feet wide, together with appurtenances thereto, provided that no more than eight miles of such trails shall be in excess of one hundred twenty feet wide, on the slopes of Gore and Pete Gay mountains in Warren county, nor from relocating, reconstructing and maintaining a total of not more than fifty miles of existing state highways for the purpose of eliminating the hazards of dangerous curves and grades, provided a total of no more than four hundred acres of forest preserve land shall be used for such purpose and that no single relocated portion of any highway shall exceed one mile in length. Notwithstanding the foregoing provisions, the state may convey to the village of Saranac Lake ten acres of forest preserve land adjacent to the boundaries of such village for public use in providing for refuse disposal and in exchange therefore the village of Saranac Lake shall convey to the state thirty acres of certain true forest land owned by such village on Roaring Brook in the northern half of Lot 113, Township 11, Richards Survey. Notwithstanding the foregoing provisions, the state may convey to the town of Arietta twenty-eight acres of forest preserve land within such town for public use in providing for the extension of the runway and landing strip of the Piseco airport and in exchange therefor the town of Arietta shall convey to the state thirty acres of certain land owned by such town in the town of Arietta. Notwithstanding the foregoing provisions and subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title, the state, in order to consolidate its land holdings for better management, may convey to International Paper Company approximately eight thousand five hundred acres of forest preserve land located in townships two and three of Totten and Crossfield's Purchase and township nine of the Moose River Tract, Hamilton county, and in exchange therefore International Paper Company shall convey to the state for incorporation into the forest preserve approximately the same number of acres of land located within such townships and such County on condition that the legislature shall determine that the lands to be received by the state are at least equal in value to the lands to be conveyed by the state. Notwithstanding the foregoing provisions and subject to legislative approval of the tracts to be exchanged prior to the actual transfer of title and the conditions S. 1499 3 herein set forth, the state, in order to facilitate the preservation of historic buildings listed on the national register of historic places by rejoining an historic grouping of buildings under unitary ownership and stewardship, may convey to Sagamore Institute Inc., a not-for-profit educational organization, approximately ten acres of land and buildings thereon adjoining the real property of the Sagamore Institute, Inc. and located on Sagamore Road, near Raquette Lake Village, in the Town of Long Lake, county of Hamilton, and in exchange therefor; Sagamore Insti- tute, Inc. shall convey to the state for incorporation into the forest preserve approximately two hundred acres of wild forest land located within the Adirondack Park on condition that the legislature shall determine that the lands to be received by the state are at least equal in value to the lands and buildings to be conveyed by the state and that the natural and historic character of the lands and buildings conveyed by the state will be secured by appropriate covenants and restrictions and that the lands and buildings conveyed by the state will reasonably be available for public visits according to agreement between Sagamore Institute, Inc. and the state. Notwithstanding the foregoing provisions the state may convey to the town of Arietta fifty acres of forest preserve land within such town for public use in providing for the extension of the runway and landing strip of the Piseco airport and providing for the maintenance of a clear zone around such runway, and in exchange therefor, the town of Arietta shall convey to the state fifty- three acres of true forest land located in lot 2 township 2 Totten and Crossfield's Purchase in the town of Lake Pleasant. Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, the state may convey to the town of Keene, Essex county, for public use as a cemetery owned by such town, approximately twelve acres of forest preserve land within such town and, in exchange therefor, the town of Keene shall convey to the state for incorporation into the forest preserve approximately one hundred forty-four acres of land, together with an easement over land owned by such town including the riverbed adjacent to the land to be conveyed to the state that will restrict further development of such land, on condition that the legislature shall determine that the proper- ty to be received by the state is at least equal in value to the land to be conveyed by the state. Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, because there is no viable alternative to using forest preserve lands for the siting of drinking water wells and necessary appurtenances and because such wells are necessary to meet drinking water quality standards, the state may convey to the town of Long Lake, Hamilton county, one acre of forest preserve land within such town for public use as the site of such drinking water wells and necessary appurtenances for the municipal water supply for the hamlet of Raquette Lake. In exchange therefor, the town of Long Lake shall convey to the state at least twelve acres of land located in Hamilton county for incorporation into the forest preserve that the legislature shall determine is at least equal in value to the land to be conveyed by the state. The Raquette Lake surface reservoir shall be abandoned as a drinking water supply source. Notwithstanding the foregoing provisions and subject to legislative approval prior to actual transfer of title, the state may convey to National Grid up to six acres adjoining State Route 56 in St. Lawrence County where it passes through Forest Preserve in Township 5, Lots 1, 2, 5 and 6 that is necessary and appropriate for National Grid to construct S. 1499 4 a new 46kV power line and in exchange therefore National Grid shall convey to the state for incorporation into the forest preserve at least 10 acres of forest land owned by National Grid in St. Lawrence county, on condition that the legislature shall determine that the property to be received by the state is at least equal in value to the land conveyed by the state. S 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.

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