PETITION OF:

SECTION 1. Section 20 of chapter 90B of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following definition:—

“Trails Maintenance Assessment”, a decal issued pursuant to the provisions of this chapter, which authorizes the operation of registered recreation vehicles on designated motorized trails under the jurisdiction of the department of conservation & recreation. All Trails Maintenance Assessment (TMA) decals shall be issued by the by the New England Trail Rider Association or its successor organization, subject to authorization by the department of conservation and recreation, to recreation vehicle operators, granting use of motorcycle and off road vehicle trails. Each TMA shall be placed on the left front fork of a two-wheeled motorcycle, or on left front side cowl of a 4-wheeled All-terrain Vehicle.

SECTION 2. Said Chapter 90B, as so appearing, is hereby further amended by striking out section 21 and inserting in place thereof the following section:—

Section 21. No person shall operate a snow vehicle or a recreation vehicle unless such vehicle has been registered in accordance with the provisions of this chapter, and in the case of a recreation vehicle, displays a Trails Maintenance Assessment (TMA) decal and, in the case where said operator is twenty-one years old or younger, such person has completed an education and safety program as provided in this section. Education and safety programs utilized under the provisions of this section shall be established by the ATV Safety Institute, that Motorcycle Safety Foundation, or successor organizations in consultation with and as agent for the department of conservation and recreation and shall include but shall not be limited to instruction on safety precautions and techniques and the environmental impacts of illegal riding as part of the course content.

SECTION 3. The second sentence of section 22 of said Chapter 90B, as so appearing, is hereby amended by striking the words “and the appropriate fee” and inserting in place thereof the following words:-

, appropriate fee and proof that the person registering the vehicle has completed the education or safety program as provided in this section.

SECTION 4. Section 22 of said chapter 90B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:—

The New England Trail Rider Association or its successor organization shall be an agent of the department of conservation and recreation for the issuance of the Trails Maintenance Assessment (TMA) decals as defined in section 21. The TMA shall be valid for a period ending 2 years from date of issuance, or when each recreation vehicle receives its certificate of registration.

SECTION 5. Section 32 of said chapter 90B, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:—

Whoever while operating or in charge of any snow vehicle or recreation vehicle, other than on property owned or leased by the operator or on privately owned property when the operator has been authorized by said property owner, refuses to stop such vehicle after having been requested or signaled to do so by any such officer, or whoever refuses to give his true and correct name and address or refuses to display the certificate of number of such vehicle, and surrender to such officer for examination, and in the case of a recreation vehicle, refuses to display a Trails Maintenance Assessment Decal (TMA), shall be punished by a fine of not more than two hundred dollars.

SECTION 6. Section 34 of said chapter 90, as so appearing, is hereby amended by adding the following two paragraphs:—

Whoever while operating or in charge of any snow vehicle or recreational vehicle destroys or injures the real property of another in any manner shall, if such destruction or injury is willful or malicious, be punished by a fine of three thousand dollars or three times the value of the property so destroyed or injured, whichever is greater, or by imprisonment in a jail or house of correction for not more than two and one-half years; or if such destruction or injury is wanton, shall be punished by a fine of fifteen hundred dollars or three times the value of the property so destroyed or injured, whichever is greater, or by imprisonment in a jail or house of correction for not more than two and one-half years; if the value of the property so destroyed or injured is not alleged to exceed two hundred and fifty dollars, the punishment shall be by a fine of three times the value of the damage or injury to such property or by imprisonment for not more than two and one-half months; provided, however, that where a fine is levied pursuant to the value of the property destroyed or injured, the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the property so destroyed or injured.

SECTION 7. Chapter 132 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out section 38A and inserting in place thereof the following section:—

Section 38A. The department of conservation and recreation shall construct and maintain trails for horseback riding, hiking, ski touring, snowmobiling, recreation vehicle riding and other uses on land within the control of the division of state parks and recreation in accordance with its off-road vehicle management plan which will minimize conflicting uses and allow each of the aforementioned activities sufficient trail mileage to participate comfortably and safely. The trails shall be open year round except when weather or trail conditions render the trail usage unsafe or a significant threat to department resources. The department may prepare and publish trail maps and other informational material to inform the public of the location and nature of such trails. To the extent practicable, the voluntary services of trail using organizations and individuals shall be utilized in carrying out the work authorized hereunder. Expenses authorized by this section and section 38, including the acquisition of land or easements therein, surveying and mapping, and the cost of development and construction and expenses incidental thereto, may be paid out of funds theretofore or hereafter made available for the purpose of chapter 132A.

The department shall establish rules and regulations for the issuance of Trails Maintenance Assessment (TMA) decals, as defined in section 20 of chapter 90B. The rules and regulations shall include but not be limited to the following:

(a) The associations designated in section 20 of chapter 90B shall collect the fee for said decal and provide an annual accounting report to the commissioner.

(b) Funds generated from the sale of decals shall be used by said associations exclusively for trail establishment, maintenance, enforcement, and decal distribution as authorized by the department.

(c) Any money remaining from the sale of said decals at the end of a fiscal year shall be carried over to the next and succeeding fiscal years and shall only be used for the purposes stated in this section.