N.Y. ENV Law § 9-1123 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1123
Northeastern Interstate Forest Fire Protection Compact
Status: in_force

§ 9-1123.  Northeastern Interstate Forest Fire Protection Compact.\n  The Northeastern Interstate Forest Fire Protection Compact as first\nenacted by chapter seven hundred forty-four of the laws of nineteen\nhundred forty-nine, and as re-enacted by chapter two hundred sixty-three\nof the laws of nineteen hundred sixty-three, is hereby continued as\nfollows:\n         NORTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT\n                                Article I\n  The purpose of this compact is to promote effective prevention and\ncontrol of forest fires in the northeastern region of the United States\nand adjacent areas in Canada by the development of integrated forest\nfire plans, by the maintenance of adequate forest fire fighting services\nby the member states, by providing for mutual aid in fighting forest\nfires among the states of the region and for procedures that will\nfacilitate such aid, and by the establishment of a central agency to\ncoordinate the services of member states and perform such common\nservices as member states may deem desirable.\n                               Article II\n  This agreement shall become operative immediately as to those states\nratifying it whenever any two or more of the states of Maine, New\nHampshire, Vermont, Rhode Island, Connecticut, New York and the\nCommonwealth of Massachusetts have ratified it and the congress has\ngiven its consent. Any state not mentioned in this article which is\ncontiguous with any member state may become a party to this compact.\nSubject to the consent of the congress of the United States, any\nprovince of the Dominion of Canada which is contiguous with any member\nstate may become a party to this compact by taking such action as its\nlaws and the laws of the Dominion of Canada may prescribe for\nratification. In this event, the term "state" in this compact shall\ninclude within its meaning the term "province" and the procedures\nprescribed shall be applied in the instance of such provinces, in\naccordance with the forms and practices of the Canadian government.\n                               Article III\n  Each state joining herein shall appoint three representatives to a\ncommission hereby designated as the Northeastern Forest Fire Protection\nCommission. One shall be the state forester or officer holding an\nequivalent position in such state who is responsible for forest fire\ncontrol. The second shall be a member of the legislature of such state\ndesignated by the commission or committee on interstate cooperation of\nsuch state, or if there be none, or if said commission on interstate\ncooperation cannot constitutionally designate the said member, such\nlegislator shall be designated by the governor thereof; provided that if\nit is constitutionally impossible to appoint a legislator as a\ncommissioner from such state, the second member shall be appointed by\nthe governor of said state in his discretion. The third member shall be\na person designated by the governor as the responsible representative of\nthe governor. In the event that any province of the Dominion of Canada\nshall become a member of this commission, it shall designate three\nmembers who will approximate this pattern of representation to the\nextent possible under the law and practices of such province. This\ncommission shall be a body corporate with the powers and duties set\nforth herein.\n                               Article IV\n  It shall be the duty of the commission to make inquiry and ascertain\nfrom time to time such methods, practices, circumstances and conditions\nas may be disclosed for bringing about the prevention and control of\nforest fires in the area comprising the member states, to coordinate the\nforest fire plans and the work of the appropriate agencies of the member\nstates and to facilitate the rendering of aid by the member states to\neach other in fighting forest fires.\n  The commission shall formulate and, in accordance with need, from time\nto time, revise a regional forest fire plan for the entire region\ncovered by the compact which shall serve as a common forest fire plan\nfor that area.\n  The commission shall, more than one month prior to any regular meeting\nof the legislature in any signatory state, present to the governor and\nto the legislature of the state its recommendations relating to\nenactments to be made by the legislature of that state in furthering the\ninterests and purposes of this compact.\n  The commission shall consult with and advise the appropriate\nadministrative agencies of the states party hereto with regard to\nproblems connected with the prevention and control of forest fires and\nrecommend the adoption of such regulations as it deems advisable.\n  The commission shall have power to recommend to the signatory states\nany and all measures that will effectuate the prevention and control of\nforest fires.\n                                Article V\n  Any two or more member states may designate the Northeastern Forest\nFire Protection Commission as a joint agency to maintain such common\nservices as those states deem desirable for the prevention and control\nof forest fires. Except in those cases where all member states join in\nsuch designation for common services, the representatives of any group\nof such designating states in the Northeastern Forest Fire Protection\nCommission shall constitute a separate section of such commission for\nthe performance of the common service or services so designated provided\nthat, if any additional expense is involved, the states so acting shall\nappropriate the necessary funds for this purpose. The creation of such a\nsection as a joint agency shall not affect the privileges, powers,\nresponsibilities or duties of the states participating therein as\nembodied in the other articles of this compact.\n                               Article VI\n  The commission may request the United States forest service to act as\nthe primary research and coordinating agency of the Northeastern Forest\nFire Protection Commission, in cooperation with the appropriate agencies\nin each state and the United States forest service may accept the intial\nresponsibility in preparing and presenting to the commission its\nrecommendations with respect to the regional fire plan. Representatives\nof the United States forest service may attend meetings of the\ncommission and of groups of member states.\n                               Article VII\n  The commission shall annually elect from its members a chairman and a\nvice-chairman. The commission shall appoint such officers or employees\nas may be required to carry the provisions of this compact into effect,\nshall fix and determine their duties, qualifications and compensation,\nand may at its pleasure, remove or discharge any such officer or\nemployee. The commission shall adopt rules and regulations for the\nconduct of its business. It may establish and maintain one or more\noffices for the transaction of its business and may meet at any time or\nplace but must meet at least once a year.\n  A majority of the members of the commission representing a majority of\nthe signatory states shall constitute a quorum for the transaction of\nits general business, but no action of the commission imposing any\nobligation on any signatory state shall be binding unless a majority of\nthe members from such signatory state shall have voted in favor thereof.\nFor the purpose of conducting its general business, voting shall be by\nstate units.\n  The representatives of any two or more member states, upon notice to\nthe chairman as to the time and purpose of the meeting, may meet as a\nsection for the discussion of problems common to those states.\n  Sections established by groups of member states shall have the same\npowers with respect to officers, employees and the maintenance of\noffices as are granted by this article to the commission. Sections may\nadopt such rules, regulations and procedures as may be necessary for the\nconduct of their business.\n                              Article VIII\n  It shall be the duty of each member state to formulate and put in\neffect a forest fire plan for that state and to take such measures as\nmay be recommended by the commission to integrate such forest fire plan\nwith the regional forest fire plan.\n  Whenever the state forest fire control agency of a member state\nrequests aid from the state forest fire control agency of any other\nmember state in combatting, controlling or preventing forest fires, it\nshall be the duty of the state forest fire control agency of that state\nto render all possible aid to the requesting agency which is consonant\nwith the maintenance of protection at home.\n  Each signatory state agrees to render aid to the forest service or\nother agencies of the government of the United States in combatting,\ncontrolling or preventing forest fires in areas under their jurisdiction\nlocated within the member state or a contiguous member state.\n                               Article IX\n  Whenever the forces of any member state are rendering outside aid\npursuant to the request of another member state under this compact, the\nemployees of such state shall, under the direction of the officers of\nthe state to which they are rendering aid, have the same powers (except\nthe power of arrest), duties, rights, privileges and immunities as\ncomparable employees of the state to which they are rendering aid.\n  No member state or its officers or employees rendering outside aid\npursuant to this compact shall be liable on account of any act or\nomission on the part of such forces while so engaged, or on account of\nthe maintenance or use of any equipment or supplies in connection\ntherewith.\n  All liability that may arise either under the laws of the requesting\nstate or under the laws of the aiding state or under the laws of a third\nstate on account of or in connection with a request for aid, shall be\nassumed and borne by the requesting state.\n  Any member state rendering outside aid pursuant to this compact shall\nbe reimbursed by the member state receiving such aid for any loss or\ndamage to, or expense incurred in the operation of any equipment\nanswering a request for aid, and for the cost of all materials,\ntransportation, wages, salaries, and maintenance of employees and\nequipment incurred in connection with such request. Provided, that\nnothing herein contained shall prevent any assisting member state from\nassuming such loss, damage, expense or other cost or from loaning such\nequipment or from donating such services to the receiving member state\nwithout charge or cost.\n  Each member state shall provide for the payment of compensation and\ndeath benefits to injured employees and the representatives of deceased\nemployees in case employees sustain injuries or are killed while\nrendering outside aid pursuant to this compact, in the same manner and\non the same terms as if the injury or death were sustained within such\nstate.\n  For the purposes of this compact the term employee shall include any\nvolunteer or auxiliary legally included within the forest fire fighting\nforces of the aiding state under the laws thereof.\n  The commission shall formulate procedures for claims and reimbursement\nunder the provisions of this article.\n  Aid by a member state to an area subject to federal jurisdiction\nbeyond the borders of such state shall not be required under this\ncompact unless substantially the same provisions of this article\nrelative to powers, liabilities, losses and expenses in connection with\nsuch aid are embodied in federal laws.\n                              Article IX-A\n  The provisions of article IX of this compact which relate to mutual\naid in combating, controlling or preventing forest fires shall be\noperative as between any member state and any other state which is party\nto a regional forest fire protection compact in another region; provided\nthat the legislature of such other state shall have given its consent to\nsuch mutual aid provisions of this compact.\n                                Article X\n  When appropriations for the support of this commission or for the\nsupport of common services maintained by the commission or a section\nthereof under the provisions of article V are necessary, the commission\nor section thereof shall allocate the costs among the states affected\nwith consideration of the amounts of forested land in those states that\nwill receive protection from the service to be rendered and the extent\nof the forest fire problem involved in each state, and shall submit its\nrecommendations accordingly to the legislatures of the affected states.\n  The commission shall submit to the governor of each state, at such\ntime as he may request, a budget of its estimated expenditures for such\nperiod as may be required by the laws of such state for presentation to\nthe legislature thereof.\n  The commission shall keep accurate books of account, showing in full\nits receipts and disbursements, and said books of account shall be open\nat any reasonable time to the inspection of such representatives of the\nrespective signatory states as may be duly constituted for that purpose.\n  On or before the first day of December of each year, the commission\nshall submit to the respective governors of the signatory states a full\nand complete report of its activities for the preceding year.\n                               Article XI\n  The representatives from any member state may appoint and consult with\nan advisory committee composed of persons interested in forest fire\nprotection.\n  The commission may appoint and consult with an advisory committee of\nrepresentatives of all affected groups, private and governmental.\n                               Article XII\n  The commission may accept any and all donations, gifts and grants of\nmoney, equipment, supplies, materials and services from the federal or\nany local government, or any agency thereof and from any person, firm or\ncorporation, for any of its purposes and functions under this compact,\nand may receive and utilize the same subject to the terms, conditions\nand regulations governing such donations, gifts and grants.\n                              Article XIII\n  Nothing in this compact shall be construed to authorize or permit any\nmember state to curtail or diminish its forest fire fighting forces,\nequipment, services or facilities, and it shall be the duty and\nresponsibility of each member state to maintain adequate forest fire\nfighting forces and equipment to meet normal demands for forest fire\nprotection within its borders.\n  Nothing in this compact shall be construed to limit or restrict the\npowers of any state ratifying the same to provide for the prevention,\ncontrol and extinguishment of forest fires, or to prohibit the enactment\nor enforcement of state laws, rules or regulations intended to aid in\nsuch prevention, control and extinguishment in such state.\n  Nothing in this compact shall be construed to affect any existing or\nfuture cooperative relationship or arrangement between the United States\nforest service and a member state or states.\n                               Article XIV\n  1. This compact shall continue in force and remain binding on each\nstate ratifying it until the legislature or the governor of such state\ntakes action to withdraw therefrom. Such action shall not be effective\nuntil six months after notice thereof has been sent by the chief\nexecutive of the state desiring to withdraw to the chief executive of\nall states then parties to the compact.\n  2. The original notice of ratification received from the governor or\nother duly authorized official of any state or province joining in the\ncompact shall be filed with the official copy of the compact in the\noffice of the secretary of state of this state, and such notice, if any,\nas may be received from the president or the congress of the United\nStates, signifying the consent of the congress to the compact, shall be\nfiled in the same manner.\n  3. Pursuant to article three of the compact the three representatives\nof this state on the Northeastern Forest Fire Protection Commission,\nhereinafter called commissioners, shall be: an officer of the Department\nof Environmental Conservation designated by the Commissioner of\nEnvironmental Conservation; a member of the legislature who is also a\nmember of the joint legislative committee on interstate cooperation, who\nshall be designated by said committee; and a citizen of the state\ndesignated by the Governor as his responsible representative to serve at\nthe pleasure of the Governor. The commissioners shall have, exercise and\nperform, on behalf of the state of New York, all of the powers and\nduties conferred and imposed by the compact upon members of the\nNortheastern Forest Fire Protection Commission. They shall serve as such\ncommissioners without compensation, but shall be reimbursed for their\nexpenses, including travel and other expenses both within and without\nthe state, actually and necessarily incurred by them in the performance\nof their duties under this section and such compact. Such expenses shall\nbe payable on the audit and warrant of the Comptroller, on vouchers\ncertified or approved by the Commissioner of Environmental Conservation\nin the manner prescribed by law, out of any moneys appropriated or\navailable therefor to the Department of Environmental Conservation. The\ncommissioners serving on the effective date of this section shall\ncontinue in office until their successors have qualified, or until\notherwise ceasing to be commissioners pursuant to law.\n  4. The Comptroller of the state of New York is hereby authorized and\nempowered to examine from time to time the accounts and books of the\ncommission, including its receipts, disbursements and such other items\nreferring to its financial condition as he may deem proper and to report\nthe results of such examinations to the Governor of this state.\n  5. a. The Northeastern Forest Fire Protection Commission shall submit\nannually, in accordance with the laws and practices of this state, to\nthe Governor for study and consideration by him, an estimate of moneys\nrequired to administer, manage and support the commission. Such estimate\nshall include any request for appropriation of funds by New York and\nshall be accompanied by a tabulation of similar requests which the\ncommission expects to make to each other member state and the formula or\nfactors upon which such respective requests are based.\n  b. The Commissioner of Environmental Conservation shall be afforded an\nopportunity to comment on any budget request by the commission, and the\ncommission shall be furnished with a copy of any such comments.\n  6. No provision of the Conservation Law and no provision of the\nEnvironmental Conservation Law, if such provision of the Environmental\nConservation Law was derived from a provision of the Conservation Law,\nwhich is inconsistent with the provisions of the Northeastern Interstate\nForest Fire Protection Compact shall be applicable to the commission or\nto any matter governed by the Northeastern Interstate Forest Fire\nProtection Compact.\n  7. On August 15, 1964 and at intervals of four years thereafter, the\nCommissioner of Environmental Conservation shall evaluate the role of\nthe commission with respect to forest fire protection in New York and\nshall report to the commission thereon. The Commissioner of\nEnvironmental Conservation shall transmit a copy of such report to the\nGovernor. The Commissioner of Environmental Conservation may make such\nadditional reports to the commission and the Governor as he deems\nappropriate.\n  8. If any part or provision of this section or of the compact\ncontained herein shall be adjudged unconstitutional by a court of\ncompetent jurisdiction, all other parts of this section or of such\ncompact, as the case may be, shall nevertheless continue in full force\nand effect. If it shall be adjudged by a court of competent jurisdiction\nthat any commissioner appointed pursuant to subdivision three of this\narticle is disqualified from serving or is ineligible to serve as such\ncommissioner for any reason or cause, such commissioner shall not\nthereby forfeit any other public office then held by him or any of the\nemoluments thereof and the vacancy on the commission thereby created\nshall be filled by the Governor by the appointment of a citizen and\nresident of this state not subject to such disqualification or\nineligibility.\n
N.Y. PBA Law § 1306 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1306
General powers of the authority
Status: in_force

§ 1306. General powers of the authority. A. Except as otherwise\nlimited by this title, the authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue negotiable notes, bonds or other\nobligations and to provide for the rights of the holders thereof;\n  4. To invest any funds held in reserve or sinking funds, or any monies\nnot required for immediate use or disbursement, at the discretion of the\nauthority, in obligations of the state or the United States government\nor obligations the principal and interest of which are guaranteed by the\nstate or the United States government; or certificates of deposit of\nbanks or trust companies or in bank or trust accounts of banks in this\nstate secured by obligations of the United States or of the state of New\nYork of a market value equal at all times to the amount of the deposit\nwith the approval of the Comptroller;\n  5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title;\n  6. To enter into contracts and leases and to execute all instruments\nnecessary or convenient;\n  7. To acquire, hold and dispose of real or personal property in the\nexercise of its powers;\n  8. To appoint a general manager, who shall serve at the pleasure of\nthe authority, and such officers and employees as the authority may\nrequire for the performance of its duties, and to fix and determine\ntheir qualifications, duties, and compensation and to retain or employ\ncounsel, auditors, engineers and private consultants on a contract basis\nor otherwise for rendering professional, management or technical\nservices and advice; such general manager, counsel, auditors, engineers,\nand private consultants, officers and employees may not be a member of\nthe authority;\n  9. (a) Notwithstanding section one hundred thirteen of the retirement\nand social security law or any other general or special law, the\nauthority and any of its subsidiary corporations may continue or provide\nto its affected officers and employees any retirement, disability, death\nor other benefits provided or required for railroad personnel pursuant\nto federal or state law. Notwithstanding any provisions of the civil\nservice law, no officer or employee of a subsidiary corporation, of the\nauthority, other than a public benefit subsidiary corporation, shall be\na public officer or a public employee;\n  (b) The authority and any of its public benefit subsidiary\ncorporations may be a "participating employer" in the New York state\nemployees' retirement system with respect to one or more classes of\nofficers and employees of such authority or any such public benefit\nsubsidiary corporation, as may be provided by resolution of such\nauthority or any such public benefit subsidiary corporation, as the case\nmay be, or any subsequent amendment thereof, filed with the comptroller\nand accepted by him pursuant to section thirty-one of the retirement and\nsocial security law. In taking any action pursuant to this paragraph\n(b), the authority and any of its public benefit subsidiary corporations\nshall consider the coverages and benefits continued or provided pursuant\nto paragraph (a) of this subdivision.\n  10. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto and shall\nundertake feasibility studies, at such time as the authority deems best,\nof merging into the authority the Port of Albany authority and of\nacquiring the Albany county airport, the Schenectady county airport, the\nUnited Traction Company, the Schenectady Transportation Corporation or\nany successor entities.\n  11. To enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n  12. The authority may conduct investigations and hearings in the\nfurtherance of its general purposes, and in aid thereof have access to\nany books, records or papers relevant thereto; and if any person whose\ntestimony shall be required for the proper performance of the duties of\nthe authority shall fail or refuse to aid or assist the authority in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the authority is authorized to apply for\nprocess of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n  13. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n  14. To enter into collective bargaining agreements with labor\nrepresentatives duly elected by the employees of the authority.\n  15. To insure or provide for the insurance of the authority's property\nor operations as required by law and also against such other risks as\nthe authority may deem advisable.\n  B. The authority shall file in the office of the commissioner and with\nthe legislative bodies of each county in the district annual reports,\nafter the close of each of the authority's fiscal years, which shall be\nopen to public inspection. Such reports shall include, in addition to\nany information which the commissioner may require, a statement with\nrespect to its operations including the following data:\n  (a) Cost breakdown of real property acquired for each system or\nfacility acquired or operated by the authority;\n  (b) Cost breakdown in appropriate units of facilities acquired or\noperated by the authority;\n  (c) Operating revenues for each system or facility acquired or\noperated by the authority;\n  (d) Operating expenses for each system or facility acquired or\noperated by the authority.\n  C. The authority shall prepare and file with the commissioner and the\nlegislative bodies of each county in the district an annual budget\nconsisting of projected operating revenues and expenditures for the next\nfiscal year.\n
N.Y. VAT Law § 2280 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2280
Jurisdiction of department
Status: in_force

§ 2280. Jurisdiction of department. 1. The registration of all terrain\nvehicles shall be under the jurisdiction of the department of motor\nvehicles.\n  2. Except as otherwise expressly provided herein, all of the\nprovisions of this chapter shall apply to all terrain vehicles.\n
N.Y. PBA Law § 1269-G — New York Code / Act PBA / Article 5 / Title 11 / Section 1269-G
Requirements for certain authority contracts and related subcontracts
Status: in_force

§ 1269-g. Requirements for certain authority contracts and related\nsubcontracts. 1. Any contractor or subcontractor subject to the posting\nrequirements of paragraph a of subdivision three-a of section two\nhundred twenty of the labor law with respect to a public works contract\nof the authority shall:\n  (a) post information conforming to the provisions of subdivision two\nof this section in one or more conspicuous places at each major\nworkplace site where persons who perform work on the contract or\nsubcontract, including management, are most likely to see such postings;\nprovided that, this requirement may be satisfied by the displaying of\nsuch information with other notices that inform persons of rights under\nfederal or state laws or rules, human resource policies, or collective\nbargaining agreements;\n  (b) post information conforming to the provisions of subdivision two\nof this section on an internet and intranet website, if any, of that\nperson or business organization; provided that, this requirement may be\nsatisfied by providing on such website a conspicuous hyperlink to the\nauthority website maintained pursuant to subdivision three of this\nsection, which hyperlink shall be labeled "Protections for Reporting\nFraud in New York";\n  (c) distribute information specified in subdivision two of this\nsection to those persons, including employees and managers, who perform\nwork on the contract; provided that, this requirement may be satisfied\nby distributing such information in an employee handbook or through a\nspecific electronic communication containing the information to a known\nelectronic mail address maintained by the person; and\n  (d) comply with the provisions of this subdivision, and provide to the\nauthority satisfactory evidence of such compliance, within ninety days.\n  2. The disclosures required by subdivision one of this section shall:\n  (a) provide the telephone numbers and addresses to report information\nof fraud or other illegal activity to the appropriate officers of the\ninspector general of the authority and the attorney-general of the\nstate;\n  (b) describe in detail conduct prohibited by section one hundred\neighty-nine of the state finance law, and the role of that act in\npreventing and detecting fraud and abuse in work paid for by the\nauthority or with funds originating from the authority;\n  (c) notify prospective qui tam plaintiffs on how to file a qui tam\naction, including the necessity to contact private counsel skilled in\nfiling such actions and of the potential for cash rewards in such\nactions based on the percentage of the funds recovered by the\ngovernment; and\n  (d) describe prohibitions on employer retaliation against persons who\nfile or assist actions under article thirteen of the state finance law\n(the New York false claims act) pursuant to section one hundred\nninety-one of the state finance law, or who report illegal conduct that\nthreatens the health or safety of the public pursuant to section seven\nhundred forty of the labor law.\n  3. No later than forty-five days after the effective date of this\nsection, the authority shall establish and continuously maintain on its\npublic website and its intranet site a page that shall provide the\ninformation specified in subdivision two of this section, and that shall\nalso provide sample statements, displays and other materials suitable\nfor insertion in employee handbooks or posting at workplaces or on\nwebsites that would satisfy the disclosure requirements of this section.\n  4. On and after the effective date of this section, the authority\nshall not enter into any contract described in subdivision one of this\nsection that does not incorporate the terms of this section.\n  5. Material compliance by a covered person or business organization\nthat has contracted with the authority under a contract that\nincorporates the terms of this section shall be a material condition of\npayment for the provision of goods or services.\n  6. The authority is authorized to adopt such rules and regulations as\nare necessary to effect the purposes of this section.\n
N.Y. PBA Law § 1596-P — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-P
Actions against the authority
Status: in_force

§ 1596-p. Actions against the authority. 1. In every action against\nthe authority for damages, for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for thirty\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimit established by and in compliance with all requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n
N.Y. SOS Law § 365-M — New York Code / Act SOS / Article 5 / Title 11 / Section 365-M
Administration and management of behavioral health services
Status: in_force

§ 365-m. Administration and management of behavioral health services.\n1.  The commissioners of the office of mental health and the office of\nalcoholism and substance abuse services, in consultation with the\ncommissioner of health, the impacted local governmental units and with\nthe approval of the division of the budget, shall have responsibility\nfor jointly designating regional entities to provide administrative and\nmanagement services for the purposes of prior approving and coordinating\nthe provision of behavioral health services, facilitating the continuity\nof post-hospitalization behavioral health and the integration of\nbehavioral health services with other services available under this\ntitle, for recipients of medical assistance who are not enrolled in\nmanaged care, and for such approval, coordination, facilitating\ncontinuity and integration of behavioral health services that are not\nprovided through managed care programs under this title for individuals\nregardless of whether or not such individuals are enrolled in managed\ncare programs. Such regional entities shall also be responsible for\npromoting appropriate care and service utilization while safeguarding\nagainst unnecessary utilization of such care and services and assuring\nthat payments are consistent with the efficient and economical delivery\nof quality care.\n  2. In exercising this responsibility, the commissioners of the office\nof mental health and the office of alcoholism and substance abuse\nservices are authorized to contract, after consultation with the\ncommissioner of health and the impacted local governmental units, with\nregional behavioral health organizations or other entities. Such\ncontracts may include responsibility for receipt, review, and\ndetermination of prior authorization requests for behavioral health care\nand services under subdivision one of this section, consistent with\ncriteria established or approved by the commissioners of mental health\nand alcoholism and substance abuse services, and authorization of\nappropriate care and services based on documented patient medical need.\n  3. Notwithstanding any inconsistent provision of sections one hundred\ntwelve and one hundred sixty-three of the state finance law, or section\none hundred forty-two of the economic development law, or any other law\nto the contrary, the commissioners of the office of mental health and\nthe office of alcoholism and substance abuse services are authorized to\nenter into a contract or contracts under subdivisions one and two of\nthis section without a competitive bid or request for proposal process,\nprovided, however, that:\n  (a) the office of mental health and the office of alcoholism and\nsubstance abuse services shall post on their websites, for a period of\nno less than thirty days:\n  (i) a description of the proposed services to be provided pursuant to\nthe contractor contracts;\n  (ii) the criteria for selection of a contractor or contractors;\n  (iii) the period of time during which a prospective contractor may\nseek selection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n  (iv) the manner by which a prospective contractor may seek such\nselection, which may include submission by electronic means;\n  (b) all reasonable and responsive submissions that are received from\nprospective contractors in timely fashion shall be reviewed by the\ncommissioners; and\n  (c) the commissioners of the office of mental health and the office of\nalcoholism and substance abuse services, in consultation with the\ncommissioner of health and the impacted local governmental units, shall\nselect such contractor or contractors that, in their discretion, have\ndemonstrated the ability to effectively, efficiently, and economically\nintegrate behavioral health and health services; have the requisite\nexpertise and financial resources; have demonstrated that their\ndirectors, sponsors, members, managers, partners or operators have the\nrequisite character, competence and standing in the community, and are\nbest suited to serve the purposes of this section. In selecting such\ncontractor or contractors, the commissioners shall:\n  (i) ensure that any such contractor or contractors have an adequate\nnetwork of providers to meet the behavioral health and health needs of\nenrollees, and shall review the adequacy prior to approval of any such\ncontract or contracts, and upon contract renewal or expansion. To the\nextent that the network has been determined to meet standards set forth\nin subdivision five of section four thousand four hundred three of the\npublic health law, such network shall be deemed adequate.\n  (ii) ensure that such contractor or contractors shall make level of\ncare and coverage determinations utilizing evidence-based tools or\nguidelines designated to address the behavioral health needs of\nenrollees.\n  (iii) ensure sufficient access to behavioral health and health\nservices for eligible enrollees by establishing and monitoring\npenetration rates of any such contractor or contractors.\n  (iv) establish standards to encourage the use of services, products\nand care recommended, ordered or prescribed by a provider to\nsufficiently address the behavioral health and health services needs of\nenrollees; and monitor the application of such standards to ensure that\nthey sufficiently address the behavioral health and health services\nneeds of enrollees.\n  4. The commissioners of the office of mental health, the office of\nalcoholism and substance abuse services and the department of health,\nshall have the responsibility for jointly designating on a regional\nbasis, after consultation with the local social services district and\nlocal governmental unit, as such term is defined in the mental hygiene\nlaw, of a city with a population of over one million persons, and after\nconsultation of other affected counties, a limited number of special\nneeds managed care plans under section three hundred sixty-four-j of\nthis title capable of managing the behavioral and physical health needs\nof medical assistance enrollees with significant behavioral health\nneeds. Initial designations of such plans should be made no later than\nApril first, two thousand fourteen, provided, however, such designations\nshall be contingent upon a determination by such state commissioners\nthat the entities to be designated have the capacity and financial\nability to provide services in such plans, and that the region has a\nsufficient population and service base to support such plans. Once\ndesignated, the commissioner of health shall make arrangements to enroll\nsuch enrollees in such plans and to pay such plans on a capitated or\nother basis to manage, coordinate, and pay for behavioral and physical\nhealth medical assistance services for such enrollees. Notwithstanding\nany inconsistent provision of section one hundred twelve and one hundred\nsixty-three of the state finance law, and section one hundred forty-two\nof the economic development law, or any other law to the contrary, the\ndesignations of such plans, and any resulting contracts with such plans\nor providers are authorized to be entered into by such state\ncommissioners without a competitive bid or request for proposal process,\nprovided however that:\n  (a) the department of health, the office of mental health and the\noffice of alcoholism and substance abuse services shall post on their\nwebsites, for a period of not less than thirty days:\n  (i) a description of the proposed services to be provided by the plans\nor systems;\n  (ii) the criteria for selection of a plan or system;\n  (iii) the period of time during which a prospective plan or system may\nseek selection, which shall be no less than thirty days after such\ninformation is first posted on the website; and\n  (iv) the manner by which a prospective plan or system may seek such\nselection, which may include submission by electronic means;\n  (b) all reasonable and responsive submissions that are received from\nprospective plans or systems in timely fashion shall be reviewed by the\ncommissioners; and\n  (c) the commissioners of the office of mental health and the office of\nalcoholism and substance abuse services, in consultation with the\ncommissioner of health, shall select such plans or systems that, in\ntheir discretion, have demonstrated the ability to effectively,\nefficiently, and economically manage the behavioral and physical health\nneeds of medical assistance enrollees with significant behavioral health\nneeds; have the requisite expertise and financial resources; have\ndemonstrated that their directors, sponsors, members, managers, partners\nor operators have the requisite character, competence and standing in\nthe community, and are best suited to serve the purposes of this\nsection. Oversight of such contracts with such plans, providers or\nprovider systems shall be the joint responsibility of such state\ncommissioners, and for contracts affecting a city with a population of\nover one million persons, also with the city's local social services\ndistrict and local governmental unit, as such term is defined in the\nmental hygiene law.\nIn selecting such plans or systems, the commissioners shall:\n  (i) ensure that any such plans or systems have an adequate network of\nproviders to meet the behavioral health and health needs of enrollees,\nand shall review the adequacy prior to approval of any such plans or\nsystems, and upon contract renewal or expansion. To the extent that the\nnetwork has been determined to meet standards set forth in subdivision\nfive of section four thousand four hundred three of the public health\nlaw, such network shall be deemed adequate.\n  (ii) ensure that such plans or systems shall make level of care and\ncoverage determinations utilizing evidence-based tools or guidelines\ndesigned to address the behavioral health needs of enrollees.\n  (iii) ensure sufficient access to behavioral health and health\nservices for eligible enrollees by establishing and monitoring\npenetration rates of any such plans or systems.\n  (iv) establish standards to encourage the use of services, products\nand care recommended, ordered or prescribed by a provider to\nsufficiently address the behavioral health and health services needs of\nenrollees; and monitor the application of such standards to ensure that\nthey sufficiently address the behavioral health and health services\nneeds of enrollees.\n  5. (a) Pursuant to appropriations within the offices of mental health\nor addiction services and supports, the department of health shall\nreinvest savings realized through the transition of populations covered\nby this section from the applicable Medicaid fee-for-service system to a\nmanaged care model, including savings realized through the recovery of\npremiums from managed care providers which represent a reduction of\nspending on qualifying behavioral health services against established\npremium targets for behavioral health services and the medical loss\nratio applicable to special needs managed care plans, for the purpose of\nincreasing investment in community based behavioral health services,\nincluding residential services certified by the office of addiction\nservices and supports. The methodologies used to calculate the savings\nshall be developed by the commissioner of health and the director of the\nbudget in consultation with the commissioners of the office of mental\nhealth and the office of addiction services and supports. In no event\nshall the full annual value of the reinvestment pursuant to this\nsubdivision exceed the value of the premiums recovered from managed care\nproviders which represent a reduction of spending on qualifying\nbehavioral health services. Within any fiscal year where appropriation\nincreases are recommended for reinvestment, insofar as managed care\ntransition savings do not occur as estimated, then spending for such\nreinvestment may be reduced in the next year's annual budget\nitemization.\n  (b) Beginning April first, two thousand twenty-two, the department\nshall post on its website information about the recovery of premiums\nfrom managed care providers which represent a reduction of spending on\nqualifying behavioral health services against established premium\ntargets for behavioral health services and the medical loss ratio\napplicable to special needs managed care plans. Such information shall\ninclude at a minimum: (i) a copy of the department's notification to\neach managed care provider that seeks a recovery of such premiums; and\n(ii) a list of managed care providers by name that have been subject to\na recovery of such premiums, specifying the amount of premium that has\nbeen recovered from each managed care provider and year. In the initial\nposting, the department shall include all premiums recovered to date as\nrequired by this subdivision, by named managed care provider, amount and\nyear.\n  (c) The commissioner shall include information regarding the funds\navailable for reinvestment, including how savings are calculated and how\nthe reinvestment was utilized pursuant to this section in the annual\nreport required under section forty-five-c of part A of chapter\nfifty-six of the laws of two thousand thirteen.\n
N.Y. PBA Law § 1959 — New York Code / Act PBA / Article 8 / Title 11 / Section 1959
Notes of the authority
Status: in_force

§ 1959. Notes of the authority. The authority shall have power from\ntime to time to issue its negotiable notes in conformity with applicable\nprovisions of the uniform commercial code and from time to time issue\nrenewal notes (herein referred to as notes) maturing not later than five\nyears from their respective original dates in an amount not exceeding at\nany time one hundred thousand dollars, over and above the amount of\nbonds authorized by subdivision one of section nineteen hundred\nfifty-eight of this title, for any purpose or purposes for which bonds\nmay be issued, whenever the authority shall determine that payment\nthereof can be made in full from any moneys or revenues which the\nauthority expects to receive from any source. Such notes may, among\nother things, be issued to provide funds to pay preliminary costs of\nsurveys, plans or other matters relating to any proposed project. The\nauthority may pledge such moneys or revenues (subject to any other\npledge thereof) for the payment of the notes and may in addition secure\nthe notes in the same manner and with the same effect as herein provided\nfor bonds. The notes shall be issued in the same manner as bonds. The\nauthority shall have power to make contracts for the future sale from\ntime to time of the notes, by which the purchasers shall be committed to\npurchase the notes from time to time on terms and conditions stated in\nsuch contracts, and the authority shall have power to pay such\nconsideration as it shall deem proper for such commitments.  In case of\ndefault on its notes or violation of any of the obligations of the\nauthority to the noteholders, the noteholders shall have all the\nremedies provided herein for bondholders. Such notes shall be as fully\nnegotiable as the bonds of the authority.\n
N.Y. PBA Law § 1299-P — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-P
Actions against the authority
Status: in_force

§ 1299-p. Actions against the authority. 1. As a condition to the\nconsent of the state to such suits against the authority, in every\naction against the authority for damages, for injuries to real or\npersonal property or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a member of the authority\nor other officer designated for such purpose and the authority has\nneglected or refused to make an adjustment or payment thereof.\n  2. An action against the authority founded on tort, except an action\nfor wrongful death, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n  3. The authority shall be liable, and shall assume the liability to\nthe extent that it shall save harmless any duly appointed officer or\nemployee of the authority, for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation owned or otherwise under the jurisdiction and control of\nthe authority in the discharge of a duty imposed upon such officer or\nemployee at the time of the accident, injury or damages complained of,\nwhile otherwise acting in the performance of his duties and within the\nscope of his employment.\n  4. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable shall not exceed four per centum per annum.\n  6. The provisions of this section which relate to the requirement for\nservice of a notice of claim shall not apply to a subsidiary corporation\nof the authority. In all other respects, each subsidiary corporation of\nthe authority shall be subject to the provisions of this section as if\nsuch subsidiary corporation were separately named herein, provided,\nhowever, that a subsidiary corporation of the authority which is a stock\ncorporation shall not be subject to the provisions of this section\nexcept with respect to those causes of action arising on and after the\nfirst day of the twelfth calendar month following that calendar month in\nwhich such stock corporation becomes a subsidiary corporation of the\nauthority.\n
N.Y. ENV Law § 71-1109 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1109
Enforcement of subdivisions 1 and 4 of section 15-0507
Status: in_force

§ 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.\n  1. Any owner violating subdivision 1 of section 15-0507 or any\nregulations promulgated pursuant thereto may be liable for a penalty not\nto exceed five hundred dollars for each and every offense; every\nviolation of such subdivision shall be a separate and distinct offense;\nand in case of a continuing violation, every day's continuance thereof\nshall be deemed a separate and distinct offense.\n  2. Any owner violating subdivision 4 of section 15-0507 may be liable\nfor a penalty not to exceed five thousand dollars for each and every\noffense; every violation of an order referred to in such subdivision\nshall be a separate and distinct offense; and in case of a continuing\nviolation, every day's continuance thereof shall be deemed a separate\nand distinct offense.\n
N.Y. VAT Law § 2226 — New York Code / Act VAT / Title 11 / Article 47 / Section 2226
Licensing by municipalities
Status: in_force

§ 2226. Licensing by municipalities. No municipality shall require\nlicensing or registration of snowmobiles which are covered by the\nprovisions of this article; nor shall it require possession of a valid\nmotor vehicle operator's license as a condition for the operation of a\nsnowmobile on lands owned or controlled by such municipality. Nothing\nherein shall prohibit the requirement of a permit by the agency having\njurisdiction over any state or local park for use of snowmobiles on such\npark lands. No charge for such use may be made, except the usual charge,\nif any, for admission to such park, parking privileges or services\nprovided.\n
N.Y. PBA Law § 1299-D — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-D
Purposes of the authority
Status: in_force

§ 1299-d. Purposes of the authority. 1. The purposes of the authority\nshall be the continuance, further development and improvement of\ntransportation and other services related thereto within the Niagara\nFrontier transportation district, including but not limited to such\ntransportation by railroad, omnibus, marine and air, in accordance with\nthe provisions of this title. It shall be the further purpose of the\nauthority to develop and implement a unified mass transportation policy\nfor such district.\n  2. It is hereby found and declared that such purposes are in all\nrespects for the benefit of the people of the state of New York and the\nauthority shall be regarded as performing an essential governmental\nfunction in carrying out its purposes and in exercising the powers\ngranted by this title.\n
N.Y. ENV Law § 23-1103 — New York Code / Act ENV / Article 23 / Title 11 / Section 23-1103
Procedure for obtaining gas storage lease
Status: in_force

§ 23-1103. Procedure for obtaining gas storage lease.\n  1. The department may make leases on behalf of this state for the\nstorage of gas, and liquefied petroleum gas, in state owned lands upon\nsuch terms and conditions including consideration as to it shall seem\njust and proper.\n  2. All leases made pursuant to this section shall:\n  a. Provide for payment to the agency having jurisdiction over the\nleased lands of adequate and reasonable consideration;\n  b. Be invalid unless they shall have the prior approval of such state\ndepartment, division, bureau or agency thereof, or state agency having\njurisdiction over the land in question, and authority to give such\nconsent is hereby conferred upon the head of any such state department,\nor a division, bureau or agency thereof, or any state agency; and with\nrespect to lands under water held by the state in its sovereign\ncapacity, jurisdiction is deemed to be in the Commissioner of General\nServices;\n  c. Contain such other terms and provisions as may be necessary or\nappropriate in order to promote the purposes of this article and the\npublic policy of this state; and\n  d. Be inapplicable to any lands the leasing of which is prohibited by\nthe State Constitution.\n
N.Y. PBA Law § 1299-UU — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-UU
Fiscal year
Status: in_force

§ 1299-uu. Fiscal year. The fiscal year of the authority shall begin\non the first day of April.\n
N.Y. VAT Law § 2408 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2408
Special events
Status: in_force

§ 2408. Special events. 1. The commissioner shall adopt and may, from\ntime to time, amend rules and regulations determining the special events\nwhich shall be subject to permit and designating the equipment and\nfacilities necessary for safe operation of ATVs and for the safety of\noperators, participants, and observers in such special events. Copies of\nsuch regulations shall be furnished by the commissioner to any person\nmaking an application therefor.\n  2. Whenever a special event is proposed to be held, the person in\ncharge thereof shall, at least thirty days prior thereto, file an\napplication with appropriate governmental agencies having jurisdiction\nover the site of such event to hold such special event. The application\nshall set forth the date and location of the proposed special event and\nsuch other information as the governmental agencies may require, and\nsuch event shall not be conducted without written authorization from\nsuch governmental agencies. Governmental agencies shall either grant or\ndeny authorization to hold a special event within thirty days after\nreceipt of an application for authorization. The commissioner shall be\nfurnished with a copy of all such applications. No permit shall be\nrequired for a closed-circuit special event held entirely on private\nproperty, but appropriate governmental agencies shall be notified of\nsuch event at least thirty days prior thereto.\n  3. ATVs operated at special events shall be exempted from the\nprovisions of this article concerning mufflers, lights and tires during\nthe time of such event, including all pre-race practice at the location\nof said event.\n
N.Y. ENV Law § 27-1111 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1111
Public participation and education
Status: in_force

§ 27-1111. Public participation and education.\n  The department shall establish a public information program which\naddresses:\n  1. The nature and dimension of the industrial hazardous waste\ntreatment, storage and disposal facility siting problem.\n  2. The need for the establishment of a statewide hazardous waste\nfacility siting plan including the need to site any additional\nindustrial hazardous waste treatment, storage and disposal facilities\nand the role of waste reduction, recycling and reuse in the planning\nprocess.\n  3. The necessity and opportunities for public participation in the\nsiting and planning process.\n
N.Y. ENV Law § 19-1105 — New York Code / Act ENV / Article 19 / Title 11 / Section 19-1105
Regulations
Status: in_force

§ 19-1105. Regulations.\n  The commissioner is hereby authorized and directed to promulgate rules\nand/or regulations specifying labeling requirements necessary for the\nimplementation of this title provided, however, that any such rules\nand/or regulations may allow for the use of labels adopted by the state\nof California that generally meet the requirements of this title.\n
N.Y. SOS Law § 366-B — New York Code / Act SOS / Article 5 / Title 11 / Section 366-B
Penalties for fraudulent practices
Status: in_force

§ 366-b.  Penalties for fraudulent practices. 1.  Any person who\nknowingly makes a false statement or representation, or who by\ndeliberate concealment of any material fact, or by impersonation or\nother fraudulent device, obtains or attempts to obtain or aids or abets\nany person to obtain medical assistance to which he is not entitled,\nshall be guilty of a class A misdemeanor, unless such act constitutes a\nviolation of a provision of the penal law of the state of New York, in\nwhich case he shall be punished in accordance with the penalties fixed\nby such law.\n  2.  Any person who, with intent to defraud, presents for allowance or\npayment any false or fraudulent claim for furnishing services or\nmerchandise, or knowingly submits false information for the purpose of\nobtaining greater compensation than that to which he is legally entitled\nfor furnishing services or merchandise, or knowingly submits false\ninformation for the purpose of obtaining authorization for furnishing\nservices or merchandise under this title, shall be guilty of a class A\nmisdemeanor, unless such act constitutes a violation of a provision of\nthe penal law of the state of New York, in which case he shall be\npunished in accordance with the penalties fixed by such law.\n
N.Y. VAT Law § 2407 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2407
Liability insurance
Status: in_force

§ 2407. Liability insurance. 1. An ATV which is operated anywhere in\nthis state other than on lands of the owner of the ATV shall be covered\nby a policy of insurance, in such language and form as shall be\ndetermined and established by the superintendent of financial services,\nissued by an insurance carrier authorized to do business in this state.\nSuch policy shall provide for coverages required of an "owner's policy\nof liability insurance" as set forth in paragraph (a) of subdivision\nfour of section three hundred eleven of this chapter. In lieu of such\ninsurance coverage as hereinabove provided, the commissioner, in his\ndiscretion and upon application of a governmental agency having\nregistered in its name one or more ATVs, may waive the requirement of\ninsurance by a private insurance carrier and issue a certificate of\nself-insurance, when he is satisfied that such governmental agency is\npossessed of financial ability to respond to judgments obtained against\nit, arising out of the ownership, use or operation of such ATVs. The\ncommissioner may also waive the requirement of insurance by a private\ninsurance carrier and issue a certificate of self-insurance upon\napplication of any person or any other corporation, having registered in\nits name, one or more ATVs and furnishing of proof that a certificate of\nself-insurance has been issued and is in effect pursuant to the\nprovisions of section three hundred sixteen of this chapter.\n  2. Proof of insurance as required by this section shall be produced\nand displayed by the owner or operator of such ATV upon the request of\nany magistrate or any person having authority to enforce the provisions\nof this chapter. The failure to produce such proof upon the request of\nany such person shall not be an offense but shall be presumptive\nevidence that the ATV is being operated without having such insurance in\nforce and effect.\n  3. Proof of insurance as required by this section shall be produced\nand displayed by the owner or operator of such ATV to any person who has\nsuffered or claims to have suffered either personal injury or property\ndamage as a result of the operation of such ATV by the owner or\noperator, if such insurance coverage was required under the\ncircumstances of such operation. It shall be an affirmative defense to\nany prosecution for a violation of this subdivision that such proof was\nso produced or displayed within twenty-four hours of receiving notice of\nsuch injury or damage, or the claim of such injury or damage.\n  4. No owner of an ATV shall operate or permit the same to be operated\nanywhere in this state other than on lands of the owner of the ATV\nwithout having in full force and effect the liability insurance coverage\nrequired by this section, and no person shall operate an ATV anywhere in\nthis state other than on lands of the owner of the ATV with the\nknowledge that such insurance is not in full force and effect.\n
N.Y. PBA Law § 1309 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1309
Cooperation and assistance of other agencies
Status: in_force

§ 1309. Cooperation and assistance of other agencies. In the interest\nof economy and to promote coordination of authority projects with state,\nlocal, county and regional plans and also to carry out the objective of\nfull participation of all agencies in the development of a\ntransportation system and facilities to meet the objectives of this act,\nthe authority shall request and use existing studies, master plans,\nsurveys, data and other materials completed by or under development by\nany state agency or any municipality or political subdivision of the\nstate. The authority shall consult with and cooperate with the\ncommissioner of transportation and with planning authorities in the\nareas of its operations and shall utilize local and state planning. When\na project is contemplated by the authority, the authority shall submit a\npreliminary prospectus thereof to the commissioner of transportation for\nreview and comment and shall consider the report of the commissioner in\nformulating detailed plans for such project. When a project is\ncontemplated by the authority within the jurisdiction of any county\nplanning board or the capital district regional planning board, the\nauthority shall prepare and submit to such planning board or boards a\npreliminary prospectus thereof, describing the purpose, general\nlocation, and nature of the project contemplated, with such further data\nrelative thereto that the authority shall consider pertinent. Within\nsixty days of receipt of such prospectus such planning board or boards\nshall prepare a report thereon, commenting on its conformity or lack of\nconformity with any related official plan of the state or region or any\nofficial planning agency within the region. Such report shall be\nconsidered by the authority in formulating detailed plans for such a\nproject. At the request of the authority, each such agency, municipality\nor subdivision which is engaged in highway or other transportation\nactivities or in land use or development planning, or which is charged\nwith the duty of providing or regulating any transportation facility or\nany other public facility, is further authorized to provide the\nauthority with information regarding its plans and programs affecting\nthe transportation district so that the authority may have available to\nit current information with respect thereto. The officers and personnel\nof such agencies, municipalities or subdivisions, and of any other\ngovernment or agency whatever, may serve at the request of the authority\nupon such advisory committees as the authority shall determine to create\nand such officers and personnel may serve upon such committees without\nforfeiture of office or employment and with no loss or diminution in the\ncompensation, status, rights and privileges which they otherwise enjoy.\n
N.Y. SOS Law § 458-L — New York Code / Act SOS / Article 6 / Title 11 / Section 458-L
Education reform program
Status: in_force

§ 458-l. Education reform program. 1. As used in this section:\n  (a) "eligible person" means an individual who (i) is, or is at risk of\nbeing, the subject of a person in need of supervision petition in family\ncourt where elements of an eligible offense have been indicated; or (ii)\nhas been arrested for or charged with an eligible offense, or it is\notherwise alleged that such person has committed an eligible offense, as\nthat term is defined in paragraph (b) of this subdivision. In\ndetermining whether to order an eligible person who has been arrested\nfor or charged with an eligible offense as an adult to participate in\nthe education reform program under this section, a judge must consider,\namong other factors, prior participation in the program as an adult.\n  (b) "eligible offense" means a crime or offense committed, or, in the\ncase of a person who is, or is at risk of being the subject of a person\nin need of supervision petition, conduct engaged in, by an eligible\nperson that involved cyberbullying or the sending or receipt through\nelectronic means of obscenity, as defined in subdivision one of section\n235.00 of the penal law, or nudity, as defined in subdivision two of\nsection 235.20 of the penal law, when the sender and the receiver\nthereof were both under the age of twenty at the time of such\ncommunication, but not more than five years apart in age.\n  (c) "program" means the education reform program developed pursuant to\nsubdivision two of this section.\n  2. The office of children and family services, hereinafter the\n"office," shall develop and implement, in consultation with the division\nof criminal justice services and the state education department, an\neducation reform program to be provided to eligible persons as a\ndiversion program in accordance with section seven hundred thirty-five\nof the family court act or, as a condition of adjustment pursuant to\nsection 308.1 of the family court act, or as a condition of an order of\nadjournment in contemplation of dismissal, suspended judgment, discharge\nwith warning, conditional discharge or probation pursuant to article\nthree or seven of the family court act, as a condition of probation or a\nconditional discharge pursuant to section 60.37 of the penal law or as a\ncondition of an adjournment in contemplation of dismissal pursuant to\nsection 170.55 of the criminal procedure law, as applicable.\n  3. The program shall be available in every judicial department in the\nstate; provided that if the office determines that there is not a\nsufficient number of eligible offenses in a judicial department to\nmandate the implementation of a program, provisions shall be made for\nthe residents of such judicial department to participate in a program in\nanother judicial department where a program exists if practicable with\nregard to travel and cost, or to complete the education course online.\n  4. Such program shall be provided in an age-appropriate manner which\nfocuses on the crime, offense or conduct, shall involve up to eight\nhours of instruction and shall provide, at a minimum, information\nconcerning:\n  (a) the legal consequences of and potential penalties for sharing\nsexually suggestive materials, explicit materials or abusive materials,\nincluding sanctions imposed under applicable federal and state statutes;\n  (b) the non-legal consequences of sharing sexually suggestive\nmaterials, explicit materials or abusive materials, including, but not\nlimited to, the possible effect on relationships, loss of educational\nand employment opportunities, and the potential for being barred or\nremoved from school programs and extracurricular activities;\n  (c) how the unique characteristics of cyberspace and the internet,\nincluding the potential ability of an infinite audience to utilize the\ninternet to search for and replicate materials, can produce long-term\nand unforeseen consequences for sharing sexually suggestive materials,\nexplicit materials or abusive materials; and\n  (d) the potential connection between bullying and cyber-bullying and\njuveniles sharing sexually suggestive materials, explicit materials or\nabusive materials.\n  5. The office, in conjunction with the office of court administration,\nthe office of probation and correctional alternatives and the division\nof criminal justice services, shall provide annual notice regarding the\nprogram to local probation departments, applicable court personnel,\ncounty defender offices, organizations or groups assigned to act as\nattorneys for children, district attorneys, presentment agencies and\ncounty attorneys, for the purpose of such information being provided to\neach eligible person, his or her attorney and his or her parent or\nguardian where necessary, upon an order that they complete such program.\nThe notice shall include, at a minimum, a short description of the\nprogram, when use of the program is authorized by statute, and the means\nof accessing and completing the program. The office shall maintain\ninformation on its website regarding the program, including directions\nfor accessing the program.\n  6. Within twenty days of the date upon which the eligible person\ncompletes the program, the office shall provide such person with a\ncertification that he or she has successfully completed the program and\nthe date the program was completed. The eligible person shall be\nresponsible for completing the program, and providing any necessary\nproof of completion.\n
N.Y. SOS Law § 367-S — New York Code / Act SOS / Article 5 / Title 11 / Section 367-S
Long term care demonstration program
Status: in_force

* § 367-s. Long term care demonstration program. 1. Notwithstanding\nany inconsistent provision of law, the commissioner of health is\nauthorized to establish a long term care demonstration program for\npersons eligible to receive services under this title, to operate in up\nto four social services districts, for the purposes of creating\nincentives for providers to care for individuals with more complex\nmedical needs, supporting relatives and other caregivers to assist\npatients needing care at home and reducing the need for\ninstitutionalization.\n  2. The provisions of this section shall not take effect unless all\nnecessary approvals under federal law and regulation have been obtained\nto receive federal financial participation in the costs of the health\ncare services provided pursuant to this section.\n  3. (a) The demonstration program established pursuant to this section\nmay include a program to improve the availability of care for persons\nwith clinically complex care needs who are being discharged from\nhospitals or residential health care facilities. In this regard, and in\naccordance with paragraph (d) of this subdivision, the commissioner\nshall adjust the rates of payment to selected home health agencies\ncertified under article thirty-six of the public health law that provide\nservices to such persons.\n  (b) Eligible certified home health agencies shall:\n  (i) demonstrate they have the experience and resources to provide\nservices to individuals who are discharged from hospitals or residential\nhealth care facilities with clinically complex care needs, as determined\nin accordance with criteria established by the commissioner.\n  (ii) demonstrate that they are capable of meeting such other\nconditions as may be established by the commissioner.\n  (c) In selecting eligible certified home health agencies, the\ncommissioner shall consider the likelihood that the agency will provide\nimproved availability of care and may consider such other matters as the\ncommissioner deems appropriate.\n  (d) The adjusted Medicaid rate pursuant to this subdivision shall be\navailable for eligible certified home health agencies for services\nprovided to individuals, eligible for medical assistance pursuant to\nthis title, who are discharged from a hospital or residential health\ncare facility and have clinically complex care needs, as determined in\naccordance with criteria established by the commissioner. Such rate\nshall be payable for services provided up to the first sixty days after\ndischarge from a hospital or residential health care facility.\n  4. One or more demonstration sites established pursuant to this\nsection may include the provision of respite care through innovative\nmodels.  Subject to the approval of the director of the division of the\nbudget, the commissioner is authorized to establish payment rates or\nfees for services provided pursuant to this subdivision.\n  5. One or more of the demonstration sites established pursuant to this\nsection may include a program with authority to make payments for\npersonal care services that are provided by a consumer's family members.\n  * NB There are 2 § 367-s's\n
N.Y. VAT Law § 2231 — New York Code / Act VAT / Title 11 / Article 47 / Section 2231
Disposition of fees
Status: in_force

§ 2231. Disposition of fees. 1. The commissioner shall deposit all\nmonies received by him from the registration of snowmobiles and other\nservices provided by the department and all fees otherwise collected by\nhim under this article to the credit of the general fund except that\nadditional fees imposed by section 21.07 of the parks, recreation and\nhistoric preservation law received by the commissioner pursuant to\nsection two thousand two hundred twenty-two of this chapter shall be\ndeposited to the credit of the snowmobile trail development and\nmaintenance fund and that monies allocated to the Lake George park\ncommission shall be deposited to the credit of the Lake George park\ntrust fund pursuant to section ninety-seven-h of the state finance law.\n  2. Notwithstanding subdivision one of this section, the commissioner\nshall also deposit five dollars of the fees collected pursuant to\nparagraphs (a), (b) and (c) of subdivision four of section two thousand\ntwo hundred twenty-two of this article, to the credit of the snowmobile\ntrail development and maintenance fund.\n
N.Y. SOS Law § 369 — New York Code / Act SOS / Article 5 / Title 11 / Section 369
Application of other provisions
Status: in_force

§ 369. Application of other provisions. 1. All provisions of this\nchapter not inconsistent with this title shall be applicable to medical\nassistance for needy persons and the administration thereof by the\nsocial services districts.\n  2. (a) Notwithstanding any inconsistent provision of this chapter or\nother law, no lien may be imposed against the property of any individual\nprior to his or her death on account of medical assistance paid or to be\npaid on his or her behalf under this title, except:\n  (i) pursuant to the judgment of a court on account of benefits\nincorrectly paid on behalf of such individual, or\n  (ii) with respect to the real property of an individual who is an\ninpatient in a nursing facility, intermediate care facility for\nindividuals with developmental disabilities, or other medical\ninstitution, who is not reasonably expected to be discharged from the\nmedical institution and to return home, and who is required, as a\ncondition of receiving services in such institution under the state plan\nfor medical assistance, to spend for costs of medical care all but a\nminimal amount of his or her income required for personal needs;\nprovided, however, any such lien will dissolve upon the individual's\ndischarge from the medical institution and return home; in addition, no\nsuch lien may be imposed on the individual's home if one of the\nfollowing persons is lawfully residing in the home:\n  (A) the spouse of the individual;\n  (B) a child of the individual who is under twenty-one years of age or\nwho is blind or permanently and totally disabled; or\n  (C) a sibling of the individual who has an equity interest in the home\nand who was residing in the home for a period of at least one year\nimmediately before the date of the individual's admission to the medical\ninstitution.\n  (b) (i) Notwithstanding any inconsistent provision of this chapter or\nother law, no adjustment or recovery may be made against the property of\nany individual on account of any medical assistance correctly paid to or\non behalf of an individual under this title, except that recoveries must\nbe pursued:\n  (A) upon the sale of the property subject to a lien imposed on account\nof medical assistance paid to an individual described in clause (ii) of\nparagraph (a) of this subdivision, or from the estate of such\nindividual; and\n  (B) from the estate of an individual who was fifty-five years of age\nor older when he or she received such assistance, provided that for\nindividuals whose eligibility for medical assistance was based on\nparagraph (b) of subdivision one of section three hundred sixty-six of\nthis title, recovery shall be limited to medical assistance consisting\nof nursing facility services, home and community-based services, and\nrelated hospital and prescription drug services.\n  (ii) Any such adjustment or recovery shall be made only after the\ndeath of the individual's surviving spouse, if any, and only at a time\nwhen the individual has no surviving child who is under twenty-one years\nof age or is blind or permanently and totally disabled, provided,\nhowever, that nothing herein contained shall be construed to prohibit\nany adjustment or recovery for medical assistance furnished pursuant to\nsubdivision three of section three hundred sixty-six of this chapter.\n  (iii) In the case of a lien on an individual's home, any such\nadjustment or recovery shall be made only when:\n  (A) no sibling of the individual who was residing in the individual's\nhome for a period of at least one year immediately before the date of\nthe individual's admission to a medical institution referred to in\nsubparagraph (ii) of paragraph (a) of subdivision two of this section,\nand is lawfully residing in such home and has lawfully resided in such\nhome on a continuous basis since the date of the individual's admission\nto the medical institution, and\n  (B) no child of the individual who was residing in the individual's\nhome for a period of at least two years immediately before the date of\nthe individual's admission to a medical institution referred to in\nsubparagraph (ii) of paragraph (a) of subdivision two of this section,\nand who establishes to the satisfaction of the state that he or she\nprovided care to such individual which permitted such individual to\nreside at home rather than in an institution, and is lawfully residing\nin such home and has lawfully resided in such home on a continuous basis\nsince the date of the individual's admission to the medical institution.\n  (c) Nothing contained in this subdivision shall be construed to alter\nor affect the right of a social services official to recover the cost of\nmedical assistance provided to an injured person in accordance with the\nprovisions of section one hundred four-b of this chapter.\n  (d) Where a recovery or adjustment is made pursuant to this title with\nrespect to a case in a federally-aided category of medical assistance, a\npart of the net amount resulting from such recovery or adjustment shall\nbe paid or credited to the federal government pursuant to federal law\nand the regulations of the federal department of health and human\nservices.\n  3. The department and any social services district is hereby\nauthorized to maintain an action subject to sections one hundred one and\none hundred four of this chapter to collect from either a trustee,\ncreator, or creator's spouse any beneficial interest of either the\ncreator or creator's spouse in any trust, other than a testamentary\ntrust, to reimburse such department or district for the costs of medical\nassistance furnished to, or on behalf of, a creator or creator's spouse.\nFor the purpose of this subdivision, the beneficial interest of the\ncreator or creator's spouse includes the income and any principal\namounts to which the creator or creator's spouse would have been\nentitled by the terms of such trust by right or in the discretion of the\ntrustee, assuming the full exercise of discretion by the trustee for the\ndistribution of the maximum amount to either the creator or the\ncreator's spouse.\n  4. Any inconsistent provision of this chapter or other law\nnotwithstanding, all information received by social services and public\nhealth officials and service officers concerning applicants for and\nrecipients of medical assistance may be disclosed or used only for\npurposes directly connected with the administration of medical\nassistance for needy persons.\n  5. The requirements of this section with respect to adjustments and\nrecoveries of medical assistance correctly paid shall be waived in cases\nof undue hardship, as determined pursuant to the regulations of the\ndepartment in accordance with criteria established by the secretary of\nthe federal department of health and human services.\n  6. For purposes of this section, the term "estate" means all real and\npersonal property and other assets included within the individual's\nestate and passing under the terms of a valid will or by intestacy.\n  7. Notwithstanding any provision of law to the contrary, the\ndepartment shall, when it determines necessary program features are in\nplace, assume sole responsibility for commencing actions or proceedings\nin accordance with the provisions of this section, sections one hundred\none, one hundred four, one hundred four-b, paragraph (a) of subdivision\nthree of section three hundred sixty-six, subparagraph one of paragraph\n(h) of subdivision four of section three hundred sixty-six, and\nparagraph (b) of subdivision two of section three hundred sixty-seven-a\nof this chapter, to recover the cost of medical assistance furnished\npursuant to this title and title eleven-D of this article. The\ndepartment is authorized to contract with an entity that shall conduct\nactivities on behalf of the department pursuant to this subdivision.\nPrior to assuming such responsibility from a social services district,\nthe department of health shall, in consultation with the district,\ndefine the scope of the services the district will be required to\nperform on behalf of the department of health pursuant to this\nsubdivision.\n
N.Y. SOS Law § 365-K — New York Code / Act SOS / Article 5 / Title 11 / Section 365-K
Provision of prenatal care services
Status: in_force

§ 365-k. Provision of prenatal care services. 1. (a) The commissioner\nshall establish standards and guidelines for the provision of prenatal\ncare services under the medical assistance program. In establishing such\nstandards and guidelines, the commissioner shall consider generally\naccepted standards of professional practice, including, but not limited\nto, standards issued by the American College of Obstetricians and\nGynecologists and the American Academy of Pediatrics, and shall consult\nwith prenatal care providers and other interested parties.\n  (b) The standards and guidelines established under this section for\nproviding non-invasive prenatal testing shall not limit availability and\ncoverage for a test based on the age of the pregnant patient, unless the\nlimit is explicitly called for by the generally accepted standards of\nprofessional practice or is otherwise recommended by safety\ncommunications or guidance issued by the United States food and drug\nadministration, the centers for Medicare and medicaid services, or the\nUnited States department of health and human services.\n  2. For purposes of this title, "prenatal care provider" means a\nmedical care facility or public or private not-for-profit agency or\norganization, physician, licensed nurse practitioner, or licensed\nmidwife practicing on an individual or group basis that provides\nprenatal care or managed care plan that contracts with prenatal\nproviders.\n
N.Y. PBA Law § 1311 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1311
Reserve funds and appropriations
Status: in_force

§ 1311. Reserve funds and appropriations. 1. The authority may create\nand establish one or more reserve funds to be known as debt service\nreserve funds and may pay into such debt service reserve funds (a) any\nmoneys appropriated and made available by the state for the purposes of\nsuch funds, (b) any proceeds of sale of notes or bonds to the extent\nprovided in the resolution of the authority authorizing the issuance\nthereof, and (c) any other moneys which may be made available to the\nauthority for the purpose of such funds from any other source or\nsources. The moneys held in or credited to any debt service reserve fund\nestablished under this section, except as hereinafter provided, shall be\nused solely for the payment of the principal of bonds of the authority\nsecured by such debt service reserve fund as the same mature, the\npurchase of such bonds of the authority, the payment of interest on such\nbonds of the authority or the payment of any redemption premium required\nto be paid when such bonds are redeemed prior to maturity; provided,\nhowever, that the authority shall have power to provide that moneys in\nany such fund shall not be withdrawn therefrom at any time in such\namount as would reduce the amount of such fund to less than the maximum\namount of principal and interest maturing and becoming due in any\nsucceeding calendar year or years not exceeding two such years on the\nbonds of the authority then outstanding and secured by such debt service\nreserve fund, except for the purpose of paying principal of and interest\non such bonds of the authority secured by such debt service reserve fund\nmaturing and becoming due and for the payment of which other moneys of\nthe authority are not available. Any income or interest earned by, or\nincrement to, any such debt service reserve fund due to the investment\nthereof may be transferred by the authority to any other fund or account\nof the authority and the authority shall have power to provide that any\nsuch transfer shall not reduce the amount of such debt service reserve\nfund below the maximum amount of principal and interest maturing and\nbecoming due in any succeeding calendar year or years not exceeding two\nsuch years on all bonds of the authority then outstanding and secured by\nsuch debt service reserve fund.\n  2. The authority shall have power to provide that it shall not issue\nbonds at any time if the maximum amount of principal and interest\nmaturing and becoming due in any succeeding calendar year or years not\nexceeding two such years on the bonds outstanding and then to be issued\nand secured by a debt service reserve fund will exceed the amount of\nsuch debt service reserve fund at the time of issuance, unless the\nauthority, at the time of the issuance of such bonds, shall deposit in\nsuch debt service fund from the proceeds of the bonds so to be issued,\nor otherwise, an amount which, together with the amount then in such\ndebt service reserve fund, will be not less than the maximum amount of\nprincipal and interest maturing and becoming due in any such succeeding\ncalendar year or years not exceeding two such years on the bonds then to\nbe issued and on all other bonds of the authority then outstanding and\nsecured by such debt service reserve fund.\n  3. In computing the amount of any debt service reserve fund for the\npurposes of this section, securities in which all or a portion of such\nfund shall be invested shall be valued at par, or if purchased at less\nthan par, at their cost to the authority.\n
N.Y. PBA Law § 1341 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1341
Exemption from taxation
Status: in_force

§ 1341. Exemption from taxation. It is hereby found, determined and\ndeclared that the creation of the authority and the carrying out of its\npurposes is in all respects for the benefit of the people of the state\nof New York and for the improvement of their health, welfare and\nprosperity and is a public purpose, and that the authority will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title. Without limiting the generality\nof the following provisions of this section, property owned by the\nauthority and used for transportation purposes, property leased by the\nauthority and used for transportation purposes, and property used for\ntransportation purposes by or for the benefit of the authority\nexclusively pursuant to the provisions of a joint service arrangement or\nof a joint facilities agreement or trackage rights agreement shall all\nbe exempt from taxation and special ad valorem levies. The authority\nshall be required to pay no fees, taxes or assessments, whether state or\nlocal, except special benefit assessments if said property is located in\na special benefit district, including but not limited to fees, taxes or\nassessments on real estate, franchise taxes, sales taxes or other excise\ntaxes, upon any of its property, or upon the uses thereof, or upon its\nactivities in the operation and maintenance of its facilities or on any\nfares, tolls, rentals, rates, charges or other fees, revenues or other\nincome received by the authority and the bonds of the authority and the\nincome therefrom shall at all times be exempt from taxation, except for\ngift and estate taxes and taxes on transfers. This section shall\nconstitute a covenant and agreement with the holders of all bonds issued\nby the authority. The terms "taxation" and "special ad valorem levy"\nshall have the same meanings as defined in section one hundred two of\nthe real property tax law and the term "transportation purposes" shall\nhave the same meaning as used in titles two-a and two-b of article four\nof such law.\n
N.Y. PBA Law § 1954 — New York Code / Act PBA / Article 8 / Title 11 / Section 1954
Civil service status of officers and employees
Status: in_force

§ 1954. Civil service status of officers and employees. Officers and\nemployees of any board, commission or department of the city may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the city who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe city under the rules of the municipal civil service commission of\nthe city shall have the same status with respect thereto after transfer\nto the authority as they had under their original appointments. The\nappointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and the\nrules of the city civil service commission.\n
N.Y. PBA Law § 1596-I — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-I
Bonds of the authority
Status: in_force

§ 1596-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds in conformity with applicable provisions of the uniform commercial\ncode for any purpose mentioned in section fifteen hundred ninety-six-d\nof this title, including the acquisition, construction, reconstruction\nand repair of personal and real property of all kinds deemed by the\nboard to be necessary or desirable to carry out such purpose, as well as\nto pay such expenses as may be deemed by the board necessary or\ndesirable to the financing thereof and placing the project or projects\nin operation in the aggregate principal amount of not exceeding sixty\nmillion dollars. Said bonds must be issued no later than June thirtieth,\ntwo thousand thirty-one. The authority shall have power from time to\ntime and whenever it deems refunding expedient, to refund any bonds,\nincluding the unpaid balance of the authority's revenue bonds, Series\n1999A, dated June twenty-ninth, nineteen hundred ninety-nine, the\nissuance of which is hereby ratified and confirmed, by the issuance of\nnew bonds, whether the bonds to be refunded have or have not matured,\nand may issue bonds partly to refund bonds then outstanding and partly\nfor any other purpose hereinabove described. The refunding bonds may be\nexchanged for the bonds to be refunded with such cash adjustments as may\nbe agreed, or may be sold and the proceeds applied to the purchase or\npayment of the bonds to be refunded. In computing the total amount of\nbonds of the authority which may at any time be outstanding the amount\nof the outstanding bonds to be refunded from the proceeds of the sale of\nnew bonds or by exchange for new bonds shall be excluded. Except as may\notherwise be expressly provided by the authority, the bonds of every\nissue shall be general obligations of the authority payable out of any\nmoneys or revenues of the authority, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, payable annually or semi-annually, be in such denominations, be\nin such form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places, and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nThe bonds may be sold at public or private sale for such price or prices\nas the authority shall determine; provided, however, that any private\nsale shall be subject to the approval of the state comptroller where\nsuch sale is not to the comptroller, or the director of the budget where\nsuch sale is to the comptroller.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) pledging all or any part of the revenues of a project or projects\nto secure the payment of the bonds, subject to such agreements with\nbondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section fifteen hundred ninety-six-o of this\ntitle hereof, and limiting or abrogating the right of the bondholders to\nappoint a trustee under said section or limiting the rights, duties and\npowers of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project or projects, and the custody, safeguarding and\napplication of all moneys, and may provide that the project or projects\nshall be constructed and paid for under the supervision and approval of\nconsulting engineers. Notwithstanding the provisions of section fifteen\nhundred ninety-six-h of this title, the authority may provide by such\ntrust indenture for the payment of the proceeds of the bonds and the\nrevenues of the project or projects to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation, and repairs of the project\nor projects. If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to\nrepresent them, and the trustee under such trust indenture shall have\nand possess all of the powers which are conferred by section fifteen\nhundred ninety-six-o of this title upon a trustee appointed by\nbondholders.\n
N.Y. PBA Law § 1266-I — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-I
The permanent citizens advisory committee
Status: in_force

§ 1266-i. The permanent citizens advisory committee. There is hereby\nestablished a permanent citizens advisory committee. The members of the\ncommittee shall consist of the following members: the Long Island Rail\nRoad commuter's council, the Metro-North commuter council, and the New\nYork city transit authority advisory council, as defined in section\ntwelve hundred four-e of this chapter.\n
N.Y. ENV Law § 21-1113 — New York Code / Act ENV / Article 21 / Title 11 / Section 21-1113
Inconsistent laws
Status: in_force

§ 21-1113. Inconsistent laws.\n  No provision of this chapter or of any other law, which is\ninconsistent with the provisions of the compact shall be applicable to\nthe interstate commission on the Lake Champlain basin or to any matters\ngoverned by the compact.\n
N.Y. ENV Law § 15-1111 — New York Code / Act ENV / Article 15 / Title 11 / Section 15-1111
Duties of county; county charge; counties included within a city
Status: in_force

§ 15-1111. Duties of county; county charge; counties included within a\n             city.\n  1. The county legislative body or bodies shall comply promptly with\nthe departments request for lists of nominations for membership on the\nboard. The county or counties shall cooperate with and assist, so far as\nis reasonable and practicable, the board in carrying out its functions.\n  2. Of the total costs and expenses incurred by the department,\ntwenty-five per cent shall be a county charge and shall be audited and\npaid as such in the manner prescribed by the county legislative body or\nbodies. If more than one county is included within the region of the\nproject, the county charge of twenty-five per cent shall be equitably\napportioned among them, consideration being given to, but not limited\nto, prospective benefits to accrue to each in the event that the project\nis undertaken. If the counties fail to agree within sixty days after the\nstatement of costs and expenses from the department upon an equitable\napportionment of the county charge, the department after hearing the\ncounties, shall make such apportionment.\n  3. With respect to any or all of the counties within the city of New\nYork, except as provided and limited by subdivision 7 of section\n15-1103:\n  a. All rights, powers and privileges granted to, and all duties,\nobligations and charges imposed upon any county by the provisions of\ntitle 11 of this article, are granted to or imposed upon such city; and\n  b. All rights, powers and privileges granted to the county legislative\nbody of any county by the provisions of title 11 of this article\n(including, but not limited to the power to approve a petition for a\nsurvey and study and establishment of a regional planning board) and all\nduties and obligations imposed upon any such county legislative body by\ntitle 11 of this article, are granted to or imposed upon the board of\nestimate of such city.\n
N.Y. SOS Law § 363-C — New York Code / Act SOS / Article 5 / Title 11 / Section 363-C
Medicaid management
Status: in_force

§ 363-c. Medicaid management. 1. The commissioner of the department\nperiodically shall convene, but not less than quarterly and no more than\nmonthly, meetings of the directors and commissioners of all state\nagencies and departments receiving general fund appropriations for the\npurpose of state matching funds for medicaid services and appropriate\nrepresentation of local departments of social services. The purpose of\nthese meetings is to identify, without limitation:\n  (a) methods to contain the growth of medicaid spending;\n  (b) methods to improve the quality of and recipient satisfaction with\nmedicaid state agency and department services;\n  (c) opportunities for consolidation and methods to improve the\nefficiency and effectiveness of existing service delivery;\n  (d) opportunities for education and prevention; and\n  (e) the collective priority of critical needs for the medicaid\npopulation.\n  2. The department annually shall compile the results of these meetings\nand provide them to the governor, the senate finance committee, the\nassembly ways and means committee, the senate health committee, the\nassembly health committee, the senate social services, children and\nfamilies committee, and the assembly social services committee.\n  3. By December thirty-first of each year, the department shall submit\nto the governor, the senate finance committee, the assembly ways and\nmeans committee, the senate health committee, the assembly health\ncommittee, the senate social services, children and families committee,\nand the assembly social services committee medicaid expenditures made to\nother state agencies in the preceding state fiscal year. The report\nshall include, but is not limited to:\n  (a) amounts paid to each agency according to category of service; and\n  (b) rates paid to each state agency and the associated methodology\nused in developing those rates.\n  4. Notwithstanding any laws or regulations to the contrary, all social\nservices districts, providers and other recipients of medical assistance\nprogram funds shall make available to the commissioner or the director\nof the division of budget in a prompt fashion all fiscal and statistical\nrecords and reports, other contemporaneous records demonstrating their\nright to receive payment, and all underlying books, records,\ndocumentation and reports, which may be requested by the commissioner or\nthe director of the division of the budget as may be determined\nnecessary to manage and oversee the Medicaid program provided however,\nany personally identifying information obtained pursuant to this\nsubdivision shall remain confidential and shall be used solely for the\npurposes of this subdivision.\n
N.Y. PBA Law § 1269-E — New York Code / Act PBA / Article 5 / Title 11 / Section 1269-E
Financial and operational reports
Status: in_force

§ 1269-e. Financial and operational reports. The authority shall\nsubmit to the governor, the temporary president of the senate and the\nspeaker of the assembly, no later than thirty days following the\nsubmission of the annual independent audit report pursuant to section\ntwenty-eight hundred two of this chapter, a complete detailed report or\nreports setting forth, to the extent such matters are not fully\naddressed in the annual independent audit report, the following:\n  1. its financial reports, including:\n  a. audited financials in accordance with all applicable regulations\nand following generally accepted accounting principles as defined in\nsubdivision ten of section two of the state finance law;\n  b. grant and subsidy programs;\n  c. operating and financial risks;\n  d. current ratings of its bonds issued by recognized municipal bond\nrating agencies and notice changes in such ratings; and\n  e. long-term liabilities, including leases and employee benefit plans;\nand\n  2. an assessment of the effectiveness of its internal control\nstructure and procedures, including:\n  a. descriptions of the authority and its major units and subsidiaries;\n  b. the number of employees, and minority and women employees, for\neach;\n  c. an organizational chart;\n  d. its charter, if any and by-laws;\n  e. the extent of participation by minority and women owned enterprises\nin authority contracts and services in accordance with article fifteen-A\nof the executive law; and\n  f. a listing of material changes in internal operations and programs\nduring the reporting year.\n
N.Y. ENV Law § 9-1101 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1101
Proclamation by Governor
Status: in_force

§ 9-1101. Proclamation by Governor.\n  Whenever the forests of the state are in danger of fire, the Governor\nby proclamation may (a) prohibit any person or persons from entering\nforests, woodlands, waters and open lands; (b) prohibit the starting of\nfires in the out-of-doors; (c) prohibit the smoking of tobacco in\nforests, woodlands and open lands and (d) suspend any open season for,\nor prohibit the taking of, fish, birds and quadrupeds. Such proclamation\nmay contain exceptions to the activities prohibited, and may apply to\nall or a portion of the state. Such proclamation shall be in full force\nand effect at the expiration of 24 hours after notice is given in such\nmanner as the Governor may determine and shall remain in full force\nuntil rescinded by the Governor.\n
N.Y. PBA Law § 1266-H — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-H
Authority police force
Status: in_force

§ 1266-h. Authority police force. 1. The authority is hereby\nauthorized and empowered, to provide and maintain an authority police\ndepartment and a uniformed authority police force. Each member of such\nuniformed police force shall be a "police officer" for the purposes of\nthe criminal procedure law, with all of the powers of such police\nofficers thereunder and subject to the same jurisdictional provisions on\nthe exercise of that power as set forth in such law. The geographical\narea of employment of such police officers for the purposes of the\ncriminal procedure law shall embrace the metropolitan commuter\ntransportation district as defined in section twelve hundred sixty-two\nof this title. Such department and force shall have the power, in and\nabout any or all of the facilities owned, occupied and/or operated by\nthe authority and its subsidiary corporations, the New York city transit\nauthority and its subsidiaries, and the triborough bridge and tunnel\nauthority, as determined in the discretion of the authority, to enforce\nand prevent violation of all laws and ordinances. Nothing herein shall\nconfer upon the authority police force or upon their collective\nnegotiations representatives exclusive jurisdiction or claim over the\nexercise of police power or security work on behalf of the authority and\nits subsidiary corporations, the New York city transit authority and its\nsubsidiaries, and the triborough bridge and tunnel authority. Nothing\nherein shall limit the authority and its subsidiary corporations, the\nNew York city transit authority and its subsidiaries, and the triborough\nbridge and tunnel authority from continuing to rely on local police for\npolice services. However, traditional police functions previously\nperformed by the Long Island Rail Road Company and/or the Metro-North\nCommuter Railroad Company police force shall continue to be performed by\nthe authority police forces.\n  2. Initial appointments to such authority police force shall be all\nincumbent police officers from the Long Island Rail Road Company and/or\nthe Metro-North Commuter Railroad Company at the time of such\nappointment. The executive director of the authority, through the chief\nof police, shall have the power and authority to appoint and employ such\nnumber of police officers as he deems necessary to act as police\nofficers of the authority and to administer to the officers an oath or\naffirmation faithfully to perform the duties of their respective\npositions or offices. Unless, at the time of appointment, the person is\na police officer of Long Island Rail Road Company or Metro-North\nCommuter Railroad Company, only persons who have never been convicted of\na felony and are citizens of the United States shall be appointed police\nofficers on the authority police force. After the initial appointments\nare made, selection of police officer candidates shall be made pursuant\nto an examination process to be determined at the discretion of the\nauthority and candidates must receive a certificate attesting to\nsatisfactory completion of an approved municipal police basic training\nprogram, as described in section two hundred nine-q of the general\nmunicipal law. No person shall be eligible for appointment unless such\nperson is not less than twenty years of age as of the date of\nappointment nor more than thirty-five years of age as of the date when\nthe applicant takes the written examination, provided, however, that\ntime spent on military duty or on terminal leave, not exceeding a total\nof six years, shall be subtracted from the age of any applicant who has\npassed his or her thirty-fifth birthday as provided in subdivision ten-a\nof section two hundred forty-three of the military law. Upon\nappointments made by transferring an entire group of police officers\ninto the authority police force, thereby eliminating such other group of\npolice officers, the authority shall recognize any representative\npreviously chosen by the police officers for the purposes of collective\nnegotiations consistent with the bargaining units already established\nand shall also assume and continue to observe any existing labor\ncontracts covering these police officers including such provisions which\nrelate to the grievance and disciplinary procedures and interest\narbitration. Subsequent to the establishment of the consolidated police\nforce the authority and the collective bargaining representatives shall\nbe authorized to negotiate a merger of the separate bargaining units.\n  3. The authority may appoint a chief and one or more deputy chiefs of\nthe authority police department who, in the discretion of the authority,\nmay be selected from the ranks of the authority police force, and assign\npowers and duties to them and fix their compensation. The chief shall be\nthe head of such department. The deputy chief designated by the chief\nshall possess all the powers and perform all the duties of the chief\nduring his absence or disability.  The authority police force shall\nconsist of such divisions, supervisors and officers, including but not\nlimited to police officers, detectives, sergeants, lieutenants and\ncaptains as designated by the authority.  Notwithstanding any law or\nprovision to the contrary, the members of the uniformed authority police\nforce shall not acquire civil service status or become members of the\nNew York state and local employees' retirement system, except as set\nforth below.\n  4. The authority shall provide for a twenty year retirement plan under\nthe same terms and conditions as provided by section three hundred\neighty-nine of the retirement and social security law as enacted by\nchapter six hundred twenty-eight of the laws of nineteen hundred\nninety-one; except that:\n  (a) any benefit provided pursuant to such plan shall be subject to an\noffset, as defined in this paragraph, for any tier II benefit payable\npursuant to the federal Railroad Retirement Act to or in the respect of\na member. The offset provided for by this paragraph shall be the amount\nof the tier II benefit which would be payable to or in respect to such\nmember pursuant to the federal Railroad Retirement Act multiplied by a\nfraction, the numerator of which is the member's years of credited\nservice covered by the federal Railroad Retirement Act rendered to, or\ncredited by, the authority or any subsidiary corporation of the\nauthority, and the denominator of which is the member's total years of\nservice covered by the federal Railroad Retirement Act;\n  (b) references to Long Island Rail Road shall be to the authority;\n  (c) the transfer of funds described in subdivision f of section three\nhundred eighty-nine of the retirement and social security law as enacted\nby chapter six hundred twenty-eight of the laws of nineteen hundred\nninety-one shall include the Metro-North Commuter Railroad Company\nDefined Contribution Pension Plan for Agreement Employees;\n  (d) the provisions of subdivision g of section three hundred\neighty-nine of the retirement and social security law as enacted by\nchapter six hundred twenty-eight of the laws of nineteen hundred\nninety-one to the extent of requiring contributions for past service\nliability shall not be applicable; and\n  (e) when a police officer transferred from the Long Island Rail Road\nCompany police force to the authority police force reaches age sixty-two\nthe authority will offset the amount payable under this plan by the\namount of tier II benefit payable from the Railroad Retirement Board for\na service age annuity or disability payable at the participants age\nsixty-two.\n  5. The authority may, in its sole discretion, establish within the\nauthority's defined benefit program, a retirement program consistent\nwith the foregoing. If the authority has not so established such program\nin its defined benefit program within one hundred eighty days after\nenactment, then the authority shall elect to participate in article\nfourteen-B of the retirement and social security law.\n  6. If the authority elects to participate in the New York state and\nlocal employees' retirement system, such election to participate shall\nbe made by resolution filed with the comptroller and accepted by him\npursuant to section thirty-one of the retirement and social security\nlaw.\n  7. Nothing herein contained shall be deemed to diminish, suspend or\nabolish an existing benefit inured to a police officer, transferred from\nthe Long Island Rail Road Company and/or Metro-North Commuter Railroad\nCompany police force and subject to the provisions of this section in\nand to the rights, privileges or status previously earned within a\npension or retirement system of which they were a member immediately\nprior to the enactment of this section; and any such existing right,\nprivilege or status shall survive the effect of any decisions or\ndeterminations lawfully made in accordance with the provisions hereof so\nlong as such right, privilege or status is greater in benefit to that\nwhich would be imposed or imputed to any subject officer as a result of\nactions of the authority authorized herein.\n
N.Y. PBA Law § 1274 — New York Code / Act PBA / Article 5 / Title 11 / Section 1274
Notes and bonds as legal investment
Status: in_force

§ 1274. Notes and bonds as legal investment. The notes and bonds of\nthe authority are hereby made securities in which all public officers\nand bodies of the state and all municipalities and political\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations, including savings and loan\nassociations, building and loan associations, investment companies and\nother persons carrying on a banking business, all administrators,\nguardians, executors, trustees and other fiduciaries, and all other\npersons whatsoever who are now or who may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem.  Notwithstanding any other provisions of law, the bonds of the\nauthority are also hereby made securities which may be deposited with\nand shall be received by all public officers and bodies of this state\nand all municipalities and political subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of the state is now or\nmay hereafter be authorized.\n
N.Y. ENV Law § 19-1103 — New York Code / Act ENV / Article 19 / Title 11 / Section 19-1103
Vehicle global warming index labels
Status: in_force

§ 19-1103. Vehicle global warming index labels.\n  1. No model year two thousand ten or subsequent model year motor\nvehicle shall be sold in this state unless there is securely and\nconspicuously affixed in a clearly visible location, a label on which\nthe manufacturer shall endorse clearly, distinctly, and legibly true and\ncorrect entries disclosing information concerning the emissions of\nglobal warming gases.\n  2. Unless alternative labeling is approved by the commissioner\npursuant to section 19-1105 of this title, the label required by\nsubdivision one of this section shall include:\n  a. a global warming index that contains quantitative information\npresented in a continuous, easy-to-read scale, unless the commissioner\ndetermines, after public hearing, that an alternative graphical\nrepresentation will more effectively convey the information to\nconsumers, and that compares the emissions of global warming gases from\nthe vehicle with the average projected emissions of global warming gases\nfrom all vehicles of the same model year. For reference purposes, the\nindex shall also identify the emissions of global warming gases from the\nvehicle model of that same model year that has the lowest emissions of\nglobal warming gases; and\n  b. the use of at least one color ink, as determined by the\ncommissioner, in addition to black.\n  3. In order to ensure that the label is useful and informative to\nconsumers, the commissioner shall, in designing the label and to the\nextent feasible within its existing resources:\n  a. seek input from the commissioner of motor vehicles, automotive\nconsumers, graphic design professionals, and persons with expertise in\nenvironmental labeling; and\n  b. consider other relevant label formats consistent with paragraph a\nof subdivision two of this section.\n  4. The index included in the label pursuant to paragraph a of\nsubdivision two of this section shall be updated as determined necessary\nby the commissioner to ensure that the differences in emissions among\nvehicles are readily apparent to the consumer.\n  5. Such label and index included in such label shall, to the largest\nextent possible, be consistent with labels and information required by\nother states. A label that complies with the requirements of the\nCalifornia vehicle labeling program shall be deemed to meet the\nrequirements of this title. An automobile manufacturer may apply to the\ncommissioner for approval of an alternative to the labeling requirement\nthat is at least as effective in providing presale notification of the\nvehicle's emissions of global warming gases as is the labeling required\nby this title.\n  6. Nothing in this section shall be construed as prohibiting a\npurchaser from removing the label required by this section, after such\npurchaser has taken possession of the vehicle.\n
N.Y. PBA Law § 1260 — New York Code / Act PBA / Article 5 / Title 11 / Section 1260
Short title
Status: in_force

§ 1260. Short title. This title may be cited as the "Metropolitan\nTransportation Authority Act."\n
N.Y. PBA Law § 1261 — New York Code / Act PBA / Article 5 / Title 11 / Section 1261
Definitions
Status: in_force

§ 1261. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section twelve\nhundred sixty-three of this title.\n  2. "Authority facilities" shall mean the authority's railroad,\nomnibus, marine and aviation facilities and operations pursuant to joint\nservice arrangements.\n  3. "Budget" shall mean the preliminary, final proposed and adopted\nfinal plans of the authority, and each of its agencies.\n  4. "Comptroller" shall mean the comptroller of the state of New York.\n  5. "Equipment" shall mean rolling stock, omnibuses, vehicles, air,\nmarine or surface craft, motors, boilers, engines, wires, ways, conduits\nand mechanisms, machinery, tools, implements, materials, supplies,\ninstruments and devices of every nature whatsoever used or useful for\ntransportation purposes or for the generation or transmission of motive\npower including but not limited to all power houses, and all apparatus\nand all devices for signalling, communications and ventilation as may be\nnecessary, convenient or desirable for the operation of a transportation\nfacility.\n  6. "Federal government" shall mean the United States of America, and\nany officer, department, board, commission, bureau, division,\ncorporation, agency or instrumentality thereof.\n  7. "Gap" shall mean the difference between projected revenues and\nexpenses for any given fiscal year based on the existing fare structure.\n  8. "Gap-closing initiative" shall mean any action to reduce a\nprojected gap.\n  9. "Governor" shall mean the governor of the state of New York.\n  10. "Joint service arrangements" shall mean agreements between or\namong the authority and any common carrier or freight forwarder, the\nstate, any state agency, the federal government, any other state or\nagency or instrumentality thereof, any public authority of this or any\nother state, or any political subdivision or municipality of the state,\nrelating to property, buildings, structures, facilities, services,\nrates, fares, classifications, divisions, allowances or charges\n(including charges between operators of railroad, omnibus, marine and\naviation facilities), or rules or regulations pertaining thereto, for or\nin connection with or incidental to transportation in part in or upon\nrailroad, omnibus, marine or aviation facilities located within the\ndistrict and in part in or upon railroad, omnibus, marine or aviation\nfacilities located outside the district.\n  11. "Marine and aviation facilities" shall mean equipment and craft\nfor the transportation of passengers, mail and cargo between points\nwithin the district or pursuant to joint service arrangements, by marine\ncraft and aircraft of all types including but not limited to hydrofoils,\nferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or\nother contrivances now or hereafter used in navigation or movement on\nwaterways or in the navigation of or flight in airspace. It shall also\nmean any marine port or airport facility within the transportation\ndistrict but outside the port of New York district as defined in chapter\none hundred fifty-four of the laws of nineteen hundred twenty-one,\nincluding but not limited to terminals, docks, piers, bulkheads, ramps\nor any facility or real property necessary, convenient or desirable for\nthe accommodation of passengers and cargo or the docking, sailing,\nlanding, taking off, accommodation or servicing of such marine craft or\naircraft.\n  12. "Omnibus facilities" shall mean motor vehicles, of the type\noperated by carriers subject to the jurisdiction of the public service\ncommission, engaged in the transportation of passengers and their\nbaggage, express and mail between points within the district or pursuant\nto joint service arrangements, and equipment, property, buildings,\nstructures, improvements, loading or unloading areas, parking areas or\nother facilities, necessary, convenient or desirable for the\naccommodation of such motor vehicles or their passengers, including but\nnot limited to buildings, structures and areas notwithstanding that\nportions may not be devoted to any omnibus purpose other than the\nproduction of revenues available for the costs and expenses of all or\nany facilities of the authority.\n  13. "Railroad facilities" shall mean right of way and related\ntrackage, rails, cars, locomotives, other rolling stock, signal, power,\nfuel, communication and ventilation systems, power plants, stations,\nterminals, storage yards, repair and maintenance shops, yards, equipment\nand parts, offices and other real estate or personalty used or held for\nor incidental to the operation, rehabilitation or improvement of any\nrailroad operating or to operate between points within the district or\npursuant to joint service arrangements, including but not limited to\nbuildings, structures, and areas notwithstanding that portions thereof\nmay not be devoted to any railroad purpose other than the production of\nrevenues available for the costs and expenses of all or any facilities\nof the authority.\n  14. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute but also any and all lesser\ninterests including but not limited to easements, rights of way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  15. "State" shall mean the state of New York.\n  16. "State agency" shall mean any officer, department, board,\ncommissioner, bureau, division, public benefit corporation, agency or\ninstrumentality of the state.\n  17. "Transportation facility" shall mean any transit, railroad,\nomnibus, marine or aviation facility and any person, firm, partnership,\nassociation or, corporation which owns, leases or operates any such\nfacility or any other facility used for service in the transportation of\npassengers, United States mail or personal property as a common carrier\nfor hire and any portion thereof and the rights, leaseholds or other\ninterest therein together with routes, tracks, extensions, connections,\nparking lots, garages, warehouses, yards, storage yards, maintenance and\nrepair shops, terminals, stations and other related facilities thereof,\nthe devices, appurtenances, and equipment thereof and power plants and\nother instrumentalities used or useful therefor or in connection\ntherewith.\n  18. "Transportation district" and "district" shall mean the\nmetropolitan commuter transportation district created by section twelve\nhundred sixty-two of this title.\n  18-a. "Transportation purpose" shall mean a purpose that directly\nsupports the missions or purposes of the authority, any of its\nsubsidiaries, New York city transit authority or its subsidiary,\nincluding the realization of revenues derived from property that is, or\nis to be used as, a transportation facility.\n  19. "New York city transit authority" shall mean the corporation\ncreated by section twelve hundred one of this chapter.\n  20. "Triborough bridge and tunnel authority" shall mean the\ncorporation created by section five hundred fifty-two of this chapter.\n  21. "Inspector general" shall mean the metropolitan transportation\nauthority inspector general.\n  22. "Revenues." All monies received by the authority or its\nsubsidiaries, or New York city transit authority or its subsidiaries, or\nTriborough bridge and tunnel authority, as the case may be, from\nwhatever source, derived directly or indirectly from or in connection\nwith the operations of the respective entity.\n  23. "Transit facility." Transit facility as defined in subdivision\nfifteen of section twelve hundred of this article.\n  24. "Utilization" shall mean public usage of the subway, bus, railroad\nand paratransit services, and bridge and tunnel crossings, of the\nauthority and its affiliates and subsidiaries as reflected in empirical\ndata.\n
N.Y. VAT Law § 2252 — New York Code / Act VAT / Title 11 / Article 48 / Section 2252
Exemption from registration
Status: in_force

§ 2252. Exemption from registration. 1. The provisions of section\ntwenty-two hundred fifty-one of this article shall not apply to the\nfollowing vessels:\n  (a) Vessels having a valid marine document issued by the United States\nor a foreign government, while being used for commercial purposes.\n  (b) Vessels displaying a valid identification or registration number\nissued by another state under a numbering system which has been approved\nin accordance with the provisions of federal law, provided such vessel\nshall not have been within this state for a period in excess of ninety\nconsecutive days.\n  (c) Vessels owned by residents of foreign countries temporarily using\nthe waters of the state.\n  (d) Vessels owned by the United States, a state, or a subdivision\nthereof.\n  (e) Boats which are "lifeboats." No vessel which is used for other\nthan lifesaving purposes shall be deemed a "lifeboat" for purposes of\nthis subdivision.\n  (f) Vessels used exclusively for racing.\n  (g) Any vessel which is not equipped with a motor by which it may be\nmechanically propelled.\n  2. Notwithstanding the provisions of subdivision one of this section,\nthe owner of a vessel which is exempt from the provisions of section\ntwenty-two hundred fifty-one of this article may apply for, and the\ncommissioner may issue, a registration for such vessel. If such a\nregistration is issued, and while such registration is in effect, the\nprovisions of this article relating to certificates of registration,\nregistration numbers and validating stickers shall apply to such vessel.\nUpon the expiration of the registration of any such vessel, the\nregistration number assigned to it shall be effectively removed from\nsuch vessel.\n
N.Y. PBA Law § 1267-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1267-A
Acquisition and disposition of real property by department of transportation
Status: in_force

§ 1267-a. Acquisition and disposition of real property by department\nof transportation. If funds are made available by the authority for the\npayment of the cost and expense of the acquisition thereof, the\ncommissioner of transportation of the state of New York, when requested\nby the authority, may acquire such real property in the name of the\nstate as may be determined from time to time by the authority as being\nnecessary, convenient or desirable to effectuate the purposes of this\ntitle, may remove the owner or occupant thereof where necessary and\nobtain possession and, when requested by the authority, may dispose of\nany real property so acquired, all according to the procedure provided\nin section thirty of the highway law. The authority shall have the right\nto possess and use for its corporate purposes all such real property so\nacquired. Claims for the value of the property appropriated and for\nlegal damages caused by any such appropriation shall be adjusted and\ndetermined by such commissioner with the approval of the authority or by\nthe court of claims as provided in section thirty of the highway law.\nWhen a claim has been filed with the court of claims, the claimant shall\ncause a copy of such claim to be served upon the authority and the\nauthority shall have the right to be represented and heard before such\ncourt.  All awards and judgments arising from such claims shall be paid\nout of moneys of the authority. No real property may be acquired\npursuant to the provisions of this section for purposes other than a\ntransportation facility unless the governing body of the city, village\nor town in which such real property is located shall first consent to\nsuch acquisition. The provisions of this section shall not be applicable\nto the acquisition or disposition of real property required for the\nconstruction of the two highway bridges crossing Long Island sound\nreferred to in section twelve hundred sixty-six of this chapter. The\nauthority shall be empowered to lease for such other purposes as the\nauthority may determine any part or parts of Republic airport not needed\nfor transportation purposes.\n
N.Y. PBA Law § 1596-S — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-S
Inconsistent provisions in other acts superseded
Status: in_force

§ 1596-s. Inconsistent provisions in other acts superseded. In so far\nas the provisions of this title are inconsistent with the provisions of\nany other act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n
N.Y. PBA Law § 1954-A — New York Code / Act PBA / Article 8 / Title 11 / Section 1954-A
Conflicts of interest
Status: in_force

§ 1954-a. Conflicts of interest. All members, officers and employees\nof the authority shall be subject to the provisions of article eighteen\nof the general municipal law.\n
N.Y. ENV Law § 11-1101 — New York Code / Act ENV / Article 11 / Title 11 / Section 11-1101
Prohibitions
Status: in_force

§ 11-1101. Prohibitions.\n  1. Except as provided in title 5 or in sections 11-1901 or 11-1903, no\nwild bird shall be trapped, netted or snared, or if so taken, possessed.\n  2. Traps shall not be set for the taking of any protected wildlife\nexcept (a) in an open season as provided in section 11-1103 for taking\nthe species for which the trap is set; or (b) in accordance with a\nlicense or permit issued by the department pursuant to title 5; or (c)\nas provided in title 5 or title 19 with respect to rabies control and\npredatory, destructive or menacing wildlife; or (d) on a registered\nmuskrat marsh as provided in section 11-1109. Protected wildlife taken\nor captured in a trap shall not be killed or possessed while captive\nunless it is a species of wildlife for which the trap was or might\nlawfully have been set at the time of capture.\n  3. In waters of the Southern Zone, as so defined, from December 5\nthrough January 31, no person shall set, place or maintain a trap of any\nkind except (a) spring hole trap sets for the purpose of taking fox, or\n(b) water sets during any open season established for the taking of\nmuskrat, otter and beaver, or (c) traps set on a registered muskrat\nmarsh pursuant to permit, issued as provided in section 11-1109.\n  4. On the opening day of an open season for trapping, no person shall\nstake, set or place any trap or deadfall for the purpose of taking the\nspecies of game for which such open season is established or fixed, in\nthe area for which such open season is established or fixed, before 7:00\nA.M.\n  5. Except as provided in subdivision 1 or 2 of section 11-0523 with\nrespect to destructive and menacing wildlife, no person shall (a) set or\nuse a trap of the leg-gripping type having teeth in the jaws; (b) set a\ntrap so that wildlife when caught is suspended; (c) use, locate or set a\nsnare or a device consisting of a noose of any material whereby an\nanimal may be taken.\n  6. a. No person shall set or use a trap of the leg-gripping type (a)\nhaving a spread of jaws exceeding 7 1/4" measured at right angles to the\naxis upon which the jaws operate and excluding the gripping surface of\neach jaw, when used under water during the open season for trapping\nbeaver or otter, or (b) in any other case, except as provided in title 5\nor in section 11-1109, having a spread of jaws exceeding 5-3/4" as so\nmeasured.\n  b. No person shall set or use a body gripping type trap with a\ndimension of more than 7-1/2 inches except:\n  (a) when used in water during the open season for trapping beaver and\notter; or\n  (b) as further permitted by the department by regulation.\n  The dimension of the body gripping trap shall be ascertained when the\ntrap is set in the extreme cocked position and shall be the maximum\ndistance between pairs of contacting body gripping surfaces except for\nrectangular devices which shall be the maximum perpendicular distance\nbetween pairs of contacting body gripping surfaces.\n  c. Traps of the leg-gripping type having a spread of jaws exceeding 4"\nmeasured as described in paragraph a of this subdivision, when set on\nland (excluding traps originally set in water) (a) shall be covered at\nthe time the trap is set or visited; if the trap becomes uncovered after\nit is set the covering shall be replaced at the time the trap is\nvisited; coverings shall include but not be limited to soil, sand,\nleaves, needles, other plant materials, and other substances as\npermitted by department regulation; such substances shall completely\ncover the jaws of the trap, and (b) shall be equipped with a pan\ntensioning device which shall include but not be limited to a bolt and\nnut, notches grooved in the pan and dog or lever, sheer pins, a spring\nunder the pan or strip of band steel, or other devices or modifications\nas permitted by regulation of the department.\n  7. Except as provided in section 11-1109, (a) no person shall take\nmuskrat by the use of a box, wire or cage trap, except that they may be\ntaken in such a trap of a construction incapable of taking any species\nof wildlife until wildlife previously taken therein has been released;\n(b) except as otherwise permitted by department regulation, no person\nshall set, stake or use a trap within a distance of five feet from a\nmuskrat den or house or any structure constructed by a muskrat in which\nit can take shelter; (c) smoke, chemicals, gas or poison shall not be\nused on or near any trap used to take beaver, otter, fisher, bobcat,\ncoyote, fox, mink, raccoon, muskrat or skunk.\n  8. Except as permitted by the department, no person shall set, stake\nor use a trap within a distance of fifteen feet from a beaver dam, den\nor house.\n  9. No person shall take, possess or remove from any legally set trap\nany lawfully trapped wildlife or shall wilfully disturb, destroy, take\nor possess, any legally set trap, without the permission of the owner of\nsuch trap.\n  10. Traps shall not be set or placed on a public highway.\n  11. Beaver, fisher and otter shall be taken only as permitted by the\ndepartment.\n  12. No person shall trap wildlife within one hundred feet of a\ndwelling, school building, school playground or church without the\nwritten consent of the owner or lessee of the property where the trap is\nset.\n
N.Y. PBA Law § 1596-L — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-L
State and city not liable on bonds
Status: in_force

§ 1596-l. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state of New\nYork or of the city, and neither the state nor the city shall be liable\nthereon, nor shall they be payable out of any funds other than those of\nthe authority.\n
N.Y. SOS Law § 369-K — New York Code / Act SOS / Article 5 / Title 11-B / Section 369-K
Definitions
Status: in_force

§ 369-k. Definitions.  As used in this section:\n  1. "Health insurance" shall mean insurance or an employee benefit plan\nagainst sickness, ailment or bodily injury of the employee and, if\ncovered, his or her dependents, other than (i) insurance or an employee\nbenefit plan providing disability benefits; or (ii) medical assistance\nbenefits received under title eleven of this article.\n  2. "Health insurance costs" means the premiums or contributions paid\nfor health insurance by or on behalf of a person with AIDS.\n  3. "Household" means the person with AIDS and all other persons\nresiding in the same dwelling for whom such person would be responsible\npursuant to section one hundred one of this chapter, or for whom such\nperson has assumed responsibility.\n  4. "Persons with AIDS" means persons who are diagnosed as having\nacquired immune deficiency syndrome (AIDS) or who have human\nimmunodeficiency virus (HIV)-related illness, as defined in regulation\nby the state department of health.\n  5. "Poverty line" means the federal income official poverty line (as\ndefined and annually revised by the federal office of management and\nbudget).\n  6. "Program" means the health insurance continuation program for\npersons with AIDS established by section three hundred sixty-nine-l of\nthis article.\n
N.Y. VAT Law § 2221 — New York Code / Act VAT / Title 11 / Article 47 / Section 2221
Definitions
Status: in_force

§ 2221. Definitions. For the purposes of this article, the following\nterms shall have the following meanings.\n  1. Snowmobile. Any self-propelled vehicle equipped with a motor,\noriginally manufactured and designed for travel on snow or ice, steered\nby skis or runners and supported in whole or in part by one or more\nskis, belts or tracked cleats.\n  2. Cowling. The forward portion of the snowmobile usually surrounding\nthe motor and clutch assembly.\n  3. Dealer. Any person engaged in the business of selling snowmobiles\nat wholesale or retail.\n
N.Y. PBA Law § 1299-FFF — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-FFF
Filing five year performance, capital and operating finance plans
Status: in_force

§ 1299-fff. Filing five year performance, capital and operating\nfinance plans. 1. (a) On or before October first, nineteen hundred\nninety-four, and annually thereafter on or before April first, the\nauthority shall adopt an operational performance plan for the five-year\nperiod commencing April first. The plan shall set operational\nperformance plan goals and objectives, including but not limited to\nridership and passenger revenue goals and objectives for the period, for\nfixed route bus operations, and shall establish performance indicators\nto measure standards of service and operations. The performance\nindicators shall include: revenue passengers, total passengers, revenue\nvehicle miles, revenue vehicle hours, number of employees by department,\nvehicle mean distance between failures, on-time performance for total\nservice provided, the cost per passenger, the cost per revenue vehicle\nmile and the operating-revenue-to-cost ratio.\n  (b) Quarterly reports shall be prepared for authority members on\noperating performance of fixed route bus operations. The first such\nreport shall cover the three-month period commencing April first,\nnineteen hundred ninety-five and shall be submitted no later than thirty\ndays after the end of the quarter. Thereafter, quarterly reports shall\nbe submitted on the last day of October, January, April, and July of\neach year. The report shall compare the performance indicators for the\nmost recent quarter and the year-to-date performance indicators with the\nsame time period in the previous year with the annual goals established\npursuant to this subdivision.\n  2. (a) On or before October first, nineteen hundred ninety-four, and\nannually thereafter on or before April first, the authority shall adopt\na capital program plan for the five-year period commencing April first.\nThe plan shall contain the capital program, separately itemized, by the\nfollowing functions: regular fixed route bus service, demand responsive\nbus service, and any aviation facilities and any marine facilities for\nwhich it currently has or shall assume responsibility.\n  (b) The plan shall set goals and objectives by function for capital\nspending, establish standards for service and operation, describe each\ncapital project to be initiated in each of the years covered by the plan\nand explain how each proposed project supports the goals and objectives\nand the service and operational standards established in the performance\nplan. The plan shall list separately by function those projects\ncontributing to the maintenance of the system infrastructure and those\nintended to enhance the system. The plan shall also include an estimated\ncost for each project and set forth an estimate of the amount of capital\nfunding required for each year of the plan and the expected sources of\nsuch funding. It shall also include a project schedule for the\ninitiation and completion of each project. Each plan subsequent to the\nfirst such plan shall describe the current status of each capital\nproject which has a total estimated cost of one hundred thousand dollars\nor more and which was included in the previously adopted plan.\n  (c) In addition to the annual update, a quarterly capital plan status\nreport shall be provided to the authority members and shall include, but\nnot be limited to, a description of any material change in the scope,\ncost, funding or time of initiation or completion of a project which has\na total estimated cost of one hundred thousand dollars or more, as\nadopted in the plan. The first such report shall cover the three-month\nperiod commencing April first, nineteen hundred ninety-five and shall be\nsubmitted no later than thirty days after the end of the quarter.\nThereafter, quarterly reports shall be submitted on the last day of\nOctober, January, April, and July of each year.\n  3. (a) On or before October first, nineteen hundred ninety-four, and\nannually thereafter on or before April first, the authority shall adopt\nan operating finance plan for the five-year period commencing April\nfirst. The plan shall include the annual estimated operating cost for\nthe following authority functions: fixed bus operations, demand\nresponsive bus operations, and any aviation facilities and any marine\nfacilities for which it currently has, or shall assume responsibility.\nThe plan shall include the proposed method of financing for the level of\nservice defined for each year of the plan and shall fully allocate the\nauthority's general costs to each of the above separate functions. The\nplan shall provide a narrative describing the overall financial\ncondition of the operating budget of the authority.\n  (b) In addition to the annual update, quarterly operating budget\nreports shall be prepared for the authority members on the financial\ncondition of each of the authority's functions. The first such report\nshall cover the three-month period commencing April first, nineteen\nhundred ninety-five and shall be submitted no later than thirty days\nafter the end of the quarter. Thereafter, quarterly reports shall be\nsubmitted on the last day of October, January, April, and July of each\nyear. The reports shall include a budgetary comparison of the most\nrecent quarter and year-to-date actual revenue and expenditures with the\nsame time period in the previous year and with the projections for that\ntime period based on the board approved budget. The reporting for fixed\nroute bus operations shall be separate from the reporting for demand\nresponsive bus service.\n  4. Any and all reports, including interim reports, shall be submitted\nto the director of the division of the budget, the commissioner of\ntransportation and the chief executive officers of Genesee, Livingston,\nMonroe, and Wayne counties, the county legislatures of Genesee,\nLivingston, Monroe, and Wayne counties, the temporary president of the\nsenate, the speaker of the assembly, the chairpersons of the senate\nfinance committee and the assembly ways and means committee, and the\nchairpersons of the senate and assembly transportation committees.\n
N.Y. VAT Law § 2260 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2260
General provisions
Status: in_force

§ 2260. General provisions. Except as otherwise expressly provided\nherein, all of the provisions of this chapter shall apply to a limited\nuse vehicle in the same manner as if such vehicle was not a limited use\nvehicle.\n
N.Y. VAT Law § 2253 — New York Code / Act VAT / Title 11 / Article 48 / Section 2253
Certificates of registration, registration numbers, and validating stickers
Status: in_force

§ 2253. Certificates of registration, registration numbers, and\nvalidating stickers. 1. Issuance. Upon the approval of an application\nfor registration and payment of the fee as provided in this article, the\ncommissioner shall assign to a vessel a registration number, and,\nwithout further expense to the applicant, issue a certificate of\nregistration and, effective April first, nineteen hundred eighty-six, a\nvalidating sticker or stickers, in such manner and form as the\ncommissioner shall prescribe.\n  2. Certificate of registration. The certificate of registration issued\nby the commissioner shall be available at all times for inspection on\nthe vessel for which it is issued whenever such vessel is in operation,\nunless otherwise provided by a rule or regulation of the commissioner.\nEvery person operating a vessel shall, upon demand of any peace officer,\nfederal officer or other person having the authority to enforce the\nprovisions of this chapter, produce the certificate of registration for\ninspection. The failure to produce the certificate of registration, as\nprovided herein, shall not be an offense, but shall be presumptive\nevidence of operating a vessel which is not registered as required by\nthis article.\n  3. Registration number. A registration number once assigned under this\nsection shall remain with the vessel until the vessel is destroyed,\nabandoned or permanently removed from the state, or until changed or\nterminated by the commissioner. The registration number assigned to the\nvessel shall be painted on or attached to each side of the forward half\nof the vessel by the owner in such a position as to be displayed in a\nconspicuous manner with figures and letters at least three inches in\nheight. The registration number shall be maintained in a legible\ncondition so that the figures and letters are readily discernible during\ndaylight hours at a distance of one hundred feet. No other number shall\nbe carried on the forward half of such vessel. Notwithstanding the\nforegoing provisions of this subdivision, a vessel having a valid marine\ndocument issued by the United States or a foreign government shall not\nbe required to display its assigned registration number on the vessel.\n  4. Validating stickers. Effective April first, nineteen hundred\neighty-six, at the time of the original registration and at the time of\neach renewal thereof, the commissioner shall also issue to said\nregistrant a validating sticker or stickers indicating the validity of\nthe current registration and the expiration date thereof, which\nvalidating sticker or stickers shall be affixed to the vessel in such\nmanner as the commissioner may prescribe provided, however, that where\nthe hull of a vessel equipped with a windshield is constructed of wood,\nsuch validating sticker or stickers may be affixed to the windshield of\nthe vessel. From that time and notwithstanding the fact that a vessel\nhas been assigned a registration number, it shall not be considered as\nvalidly registered within the meaning of this article unless a\nvalidating sticker and current registration certificate have been\nissued. In addition, the commissioner may issue a validating sticker or\nstickers to the holder of a certificate of registration issued prior to\nApril first, nineteen hundred eighty-six, without further expense to the\nholder, indicating the validity of the current registration and the\nexpiration date thereof, which validating sticker or stickers shall be\naffixed to the vessel in such a manner as the commissioner may\nprescribe. The commissioner shall establish by regulation such terms and\nconditions as may be necessary to accomplish the issuance of such\nvalidating sticker or stickers and the date upon which their issuance\nshall be completed. From thirty days after such date and notwithstanding\nthe fact that a vessel has been assigned a registration number and has a\ncurrent certificate of registration, it shall not be considered as\nvalidly registered within the meaning of this article unless a\nvalidating sticker or stickers is displayed on the vessel.\n
N.Y. SOS Law § 364-E — New York Code / Act SOS / Article 5 / Title 11 / Section 364-E
Aid to families with dependent children homemaker/home health aide demonstration projects
Status: in_force

* § 364-e. Aid to families with dependent children homemaker/home\nhealth aide demonstration projects. 1. Notwithstanding sections three\nhundred sixty-six and three hundred sixty-eight-a of this chapter, the\ndepartment shall have the authority to enter into agreements with social\nservices districts for the purpose of conducting the demonstration\nproject authorized by section nine hundred sixty-six of the omnibus\nreconciliation act of nineteen hundred eighty, designed to train and\nemploy persons eligible for and receiving aid to families with dependent\nchildren benefits as homemakers or home health aides. Such persons shall\nprovide authorized services to elderly or disabled individuals, or other\nindividuals in need of services, to whom such services are not otherwise\nreasonably and actually available or provided, and who would, without\nthe availability of such services, be reasonably anticipated to require\ninstitutional care.\n  2. Participants in the demonstration project shall be persons who are\neligible participants as defined in subdivision (b) of section nine\nhundred sixty-six of P.L. 96-499.\n  3. For purposes of this section, authorized services include part-time\nor intermittent:\n  (a) personal care, such as bathing, grooming and toilet care;\n  (b) assisting patients having limited mobility;\n  (c) feeding and diet assistance;\n  (d) home management, housekeeping and shopping;\n  (e) health-oriented recordkeeping; and\n  (f) simple procedures for identifying potential health problems.\n  4. For the first year during which a person is employed by a project\nauthorized by this section, such person shall, notwithstanding section\nthree hundred sixty-six of this chapter, retain any eligibility for\nmedical assistance under a state plan approved under Title XIX of the\nSocial Security Act, which such person had at the time he/she entered\nthe project.\n  5. Expenditures made for services provided by persons participating in\nthis demonstration project shall be considered medical assistance\nexpenditures and shall be reimbursed in accordance with section three\nhundred sixty-eight-a of this chapter.\n  6. This section shall be effective if, and as long as, federal\nfinancial participation is available therefor.\n  * NB Expired June 30, 1986\n
N.Y. VAT Law § 2286 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2286
Licensing by municipalities
Status: in_force

§ 2286. Licensing by municipalities. No municipality shall require\nlicensing or registration of ATVs which are covered by the provisions of\nthis article. Nothing herein shall prohibit the requirement of a permit\nby the agency or municipality having jurisdiction over any state or\nlocal park or any other public lands for use of ATVs on such public\nlands. A municipality may charge a fee for use of ATVs on such public\nlands.\n
N.Y. PBA Law § 1270-F — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-F
Implementation of the rebuild and renew New York transportation bond act of two thousand five
Status: in_force

§ 1270-f. Implementation of the rebuild and renew New York\ntransportation bond act of two thousand five. 1. In accordance with the\nprovisions of the rebuild and renew New York transportation bond act of\ntwo thousand five authorizing the creation of general obligation debt in\nthe amount of two billion nine hundred million dollars ($2,900,000,000),\nthe moneys received by the state from the sale of the bonds and/or notes\nshall be expended for uses eligible pursuant to the rebuild and renew\nNew York transportation bond act of two thousand five pursuant to annual\nappropriations as follows:\n  (a) One billion four hundred fifty million dollars ($1,450,000,000) as\nauthorized by subdivision two of section four hundred eighty of the\ntransportation law;\n  (b) One billion four hundred fifty million dollars ($1,450,000,000) as\nauthorized by subdivision two of this section.\n  2. One billion four hundred fifty million dollars ($1,450,000,000) of\nmoneys received by the state from the sale of bonds and/or notes sold\npursuant to the rebuild and renew New York transportation bond act of\ntwo thousand five for uses eligible pursuant to subdivision b of section\nfour of the rebuild and renew New York transportation bond act of two\nthousand five shall be expended pursuant to annual appropriations for\nthe construction, reconstruction, replacement, improvement,\nreconditioning, rehabilitation and preservation including engineering,\nconstruction, management, the preparation of designs, plans,\nspecifications, estimates, environmental impact statements, appraisals\nand surveys, and the acquisition of real property and interests therein\nand site preparation and clearances, required or expected to be required\nin connection therewith, of urban and commuter passenger and freight\nrail, omnibus, mass transit and rapid transit systems, facilities and\nequipment, including acquisition, all of which are capital elements\ndescribed in the two thousand five -- two thousand nine capital program\nplans as submitted to and approved by the metropolitan transportation\nauthority capital program review board, whether before, on, or after the\neffective date of the chapter of the laws of two thousand five which\nadded this section.\n  3. All actions taken by the authority in connection with the receipt\nand expenditure of moneys received from the state from the sale of bonds\npursuant to the rebuild and renew New York transportation bond act of\ntwo thousand five shall be reviewed for consistency with provisions of\nthe federal internal revenue code and regulations thereunder, in\naccordance with procedures established in connection with the issuance\nof any such tax exempt bonds, to preserve the tax exempt status of such\nbonds.\n
N.Y. VAT Law § 2263 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2263
Revocation and suspension
Status: in_force

§ 2263. Revocation and suspension. In addition to revocation or\nsuspension of a registration pursuant to any other provision of this\nchapter, all registrations issued to a registrant pursuant to this\narticle may be revoked where the holder is convicted of a second or\nsubsequent violation committed within a period of twelve months of\nsubdivision three of section twenty-two hundred sixty-two of this\nchapter. Where a revocation is issued pursuant to this section, no new\nlimited use vehicle registration shall be issued to such person for a\nperiod of one year from the date of such revocation.\n
N.Y. PBA Law § 1318 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1318
Agreements relating to payment in lieu of taxes
Status: in_force

§ 1318. Agreements relating to payment in lieu of taxes. To the end\nthat municipal corporations, counties and school districts may not\nsuffer undue loss of taxes or assessments:\n  If the authority acquires property for non-transportation purposes\n(e.g. for future transportation purposes but not to be so used\nimmediately) the authority except as hereinafter provided, shall pay to\nthe participating county and/or city, town or school district where the\nproperty is located, annually, in lieu of taxes, a sum equal to the sum\nlast paid as taxes upon the property prior to the time of its\nacquisition by the authority. Should such property be subsequently\ndeveloped and improved but still remain unused for transportation\npurposes, it shall during such period of disuse for transportation be\nsubject to assessment, at the prevailing method of determining\nassessments, by the county and/or city and/or school district and the\nauthority shall, based on such assessment, annually, in lieu of taxes,\npay to the county and/or city and/or school district an amount fixed by\nit.\n  If the authority acquires property for transportation purposes but\nsubsequently uses such property for non-transportation purposes, then\nthe authority shall be required, except as hereinafter provided, to pay\nannually in lieu of taxes to the participating county and/or city and/or\nschool district wherein such property is located, an amount equal to the\nsum which the said county and/or city and/or school district would\nordinarily be imposed as taxes, pursuant to the prevailing method of\ndetermining assessments.\n  Properties acquired by the authority for transportation and used as\nsuch, shall not be subject to the payment of any taxes except that the\nauthority shall pay such property special benefit assessments on the\nproperty if it is located in an existing special benefit district.\n  The authority may, in its discretion, enter into agreements to pay\nannual sums in lieu of taxes in respect of any real property which is\nowned by the authority and exempt from taxation pursuant to section\nthirteen hundred sixteen of this title to the participating county and\nfor city, town or school district in which the property is located,\nprovided, however, that the amount so paid for any year upon such\nproperty shall not exceed the sum last paid as taxes on such property to\nsuch county, city, town or school district prior to the time of its\nacquisition by the agency.\n
N.Y. VAT Law § 2405 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2405
Designation of highways and public lands for travel by ATVs
Status: in_force

§ 2405. Designation of highways and public lands for travel by ATVs.\n1. Highways. Except with respect to interstate highways or controlled\naccess highways, the department of transportation with respect to state\nhighways, maintained by the state and any other governmental agency with\nrespect to highways, including bridge and culvert crossings, under its\njurisdiction may designate and post any such public highway or portion\nthereof as open for travel by ATVs when in the determination of the\ngovernmental agency concerned, it is otherwise impossible for ATVs to\ngain access to areas or trails adjacent to the highway.  Such\ndesignations by a state agency shall be by rule or regulation, and such\ndesignations by any municipality other than a state agency shall be by\nlocal law or ordinance.\n  2. Public lands other than highways. A governmental agency other than\na municipality, by regulation or order, and a municipality, by ordinance\nor local law, may designate any appropriate public lands, waters and\nproperties other than highways under its jurisdiction as a place open\nfor travel by ATVs upon written request for such designation by any\nperson, and may impose restrictions and conditions for the regulation\nand safe operation of ATVs on such public property, such as travel on\ndesignated trails and hours of operation. In addition thereto, such\nagency or municipality may not require the operator of an ATV to possess\na motor vehicle operator's license. A municipality may charge a fee for\nuse of ATVs on such public lands.\n  3. Signs and markers. (a) Such designated highways or portions thereof\nor designated lands shall be identified by markers in such manner as may\nbe provided by rules and regulations of the commissioner.\n  (b) All signs or markers shall be erected at the expense of the state\nor municipality, provided, however, that the municipality may accept\nfunds or contributions therefor from private persons, clubs or\nassociations interested in the promotion of ATVs.\n  4. Any regulation, order, local law or ordinance which designates a\nhighway or portion thereof or designated lands which may be used for ATV\noperations may include rules and impose restrictions and conditions for\nthe regulation and safe operation of ATVs on the highways and lands so\ndesignated, such as travel on designated trails and hours of operation.\nAny restriction or condition not contained in this chapter must be\nposted.\n  5. Copies of orders, regulations, local laws or ordinances adopted by\ngovernmental agencies pursuant to this section shall be filed with the\ncommissioner.\n
N.Y. VAT Law § 2269 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2269
Exemptions
Status: in_force

§ 2269. Exemptions. 1. Fire and police vehicles are exempt from the\nprovisions of this article, except that the operator of such a vehicle\nshall be required to be licensed as provided in article nineteen of this\nchapter.\n  2. Any limited use vehicle registered pursuant to this article which\nwould be exempt from the payment of registration fees if such vehicle\nwere to be registered pursuant to title four of this chapter, shall be\nexempt from the payment of registration fees under this article.\n
N.Y. GOB Law § 5-1115 — New York Code / Act GOB / Article 5 / Title 11 / Section 5-1115
Promises and warranties in conveyances made without consideration
Status: in_force

§ 5-1115. Promises and warranties in conveyances made without\nconsideration.  A promise or warranty by the grantor in a deed or\nconveyance of an estate or interest in real property and acknowledged or\nproved in the manner prescribed by law to entitle it to be recorded\nshall not be denied effect because of the absence of consideration, if\nno consideration was intended.\n
N.Y. VAT Law § 2255 — New York Code / Act VAT / Title 11 / Article 48 / Section 2255
Temporary registration
Status: in_force

§ 2255. Temporary registration. A temporary registration may be issued\nby a dealer registered in accordance with the provisions of this article\nto the purchaser of a vessel sold by the dealer provided the dealer\nmakes application on behalf of the owner for a registration under\nsection twenty-two hundred fifty-one of this article no later than five\ncalendar days after the issuance of the temporary registration. Such\ntemporary registration shall be valid, if issued and used in accordance\nwith regulations promulgated by the commissioner, for the operation of\nthe vessel for which it is issued for thirty days after the date of\nissuance. Such temporary registration may be extended by the\ncommissioner for an additional thirty days. The commissioner shall\nprovide registered boat dealers with documents and forms to be used in\nthe issuance of such temporary registrations.\n
N.Y. ENV Law § 27-1103 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1103
Criteria for siting industrial hazardous waste treatment, storage and disposal facilities
Status: in_force

§ 27-1103. Criteria for siting industrial hazardous waste treatment,\n             storage and disposal facilities.\n  1. The commissioner shall, after investigation and opportunity for\npublic comment, within one year from the effective date of this section,\npublish criteria for siting industrial hazardous waste treatment,\nstorage and disposal facilities. Such siting criteria shall be designed\nto insure the maximum safety of the public from hazards associated with\ntreatment, storage, and disposal of hazardous wastes. The commissioner\nshall also within one year from such effective date adopt criteria\nprescribing the form and content of applications for a certificate of\nenvironmental safety and public necessity to construct an industrial\nhazardous waste treatment, storage and disposal facility.\n  2. The criteria issued pursuant to subdivision one of this section for\nthe siting of industrial hazardous waste treatment, storage and disposal\nfacilities shall take into account, among other factors:\n  a. The consistency of the application with the plan adopted pursuant\nto section 27-1102 of this title,\n  b. The density of population in areas neighboring such facility,\n  c. The density of population in areas adjacent to delivery routes to\nsuch facility,\n  d. The risk of accident during the transportation of hazardous wastes,\n  e. The risk of contamination of ground and surface waters by leaching\nand runoff from such facility,\n  f. The risk of fires or explosions from improper storage and disposal\nmethods,\n  g. The impact on the municipality where the facility is to be cited in\nterms of health, safety, cost and consistency with local planning,\nzoning or land use laws and ordinances,\n  h. The nature of the probable environmental impact, including\nspecification of the predictable adverse effects on the natural\nenvironment and ecology, public health and safety, scenic, historic,\ncultural and recreational value, water and air quality, wildlife and an\nevaluation of measures to mitigate adverse effects, and\n  i. The future physical climate risk due to sea level rise, and/or\nstorm surges and/or flooding, based on available data predicting the\nlikelihood of future extreme weather events, including hazard risk\nanalysis data if applicable.\n  3. The criteria issued by the commissioner pursuant to subdivision one\nof this section prescribing the form of an application for a certificate\nof environmental safety and public necessity to construct an industrial\nhazardous waste treatment, storage and disposal facility shall require\nthe applicant to supply detailed information regarding:\n  a. The location of the proposed facility,\n  b. A description of the design and capacity of the facility,\n  c. The expected sources of hazardous wastes for the facility, the\nproposed methods of transporting such wastes to and from the facility,\nand the routes which deliveries will traverse,\n  d. The need for the facility,\n  e. The environmental impacts of the proposed facility,\n  f. A description of reasonable alternative locations for the proposed\nfacility, and\n  g. Such other information as the commissioner shall prescribe as to\nwhether the proposed facility is necessary and compatible with the\nsurrounding environment and with the health, safety and welfare of\nneighboring populations.\n
N.Y. PBA Law § 1279-L — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-L
Right to share employees
Status: in_force

§ 1279-l. Right to share employees. 1. It is hereby found and declared\nto be necessary and proper to authorize the authority, its subsidiaries,\naffiliates, and subsidiaries of affiliates, powers to effectuate and\nensure such entities continued financial viability, which is at issue\ngiven sizable operating deficits and significant capital needs. Allowing\nwholesale internal management reforms will create savings, combat\nentrenched bureaucracies, create streamlined, uniform, and efficient\nservices, ensure public accountability and reestablish public trust. In\norder to facilitate these necessary goals it is both reasonable and a\nlegitimate public purpose to provide systematic authority for the\nsharing of employees within and between the respective entities.\n  2. Notwithstanding any provision of law to the contrary, the\nauthority, its subsidiaries, affiliates, and subsidiaries of affiliates\nshall each have the right to share employees within and between such\nentities and to assign such employees to perform any operation or\nfunction subject only to a determination that they are substantially\nsimilar to any operation or function currently performed. Substantially\nsimilar operation or function shall be determined exclusively by the\nauthority.\n  3. Nothing set forth in this subdivision shall be construed to impede,\ninfringe or diminish the rights and benefits that accrue to employees\nand employers through collective bargaining agreements, or impact or\nchange an employee's membership in a bargaining unit.\n
N.Y. PBA Law § 2985 — New York Code / Act PBA / Article 9 / Title 11 / Section 2985
Owner liability for failure of operator to comply with toll collection regulations
Status: in_force

§ 2985. Owner liability for failure of operator to comply with toll\ncollection regulations. 1. Notwithstanding any other provision of law,\nevery public authority which operates a toll highway bridge and/or\ntunnel facility is hereby authorized and empowered to impose monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with the toll collection regulations of such public authority\nin accordance with the provisions of this section.\n  2. The owner of a vehicle shall be liable for a civil penalty imposed\npursuant to this section if such vehicle was used or operated with the\npermission of the owner, express or implied, in violation of toll\ncollection regulations, and such violation is evidenced by information\nobtained from a photo-monitoring system, provided, however, that no\nowner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section where the operator of such vehicle has been convicted of a\nviolation of toll collection regulations for the same incident.\n  3. For purposes of this section, the term "owner" shall mean any\nperson, corporation, partnership, firm, agency, association, lessor or\norganization who, at the time of the violation and with respect to the\nvehicle identified in the notice of liability: (a) is the beneficial or\nequitable owner of such vehicle; or (b) has title to such vehicle; or\n(c) is the registrant or co-registrant of such vehicle which is\nregistered with the department of motor vehicles of this state or any\nother state, territory, district, province, nation or other\njurisdiction; or (d) subject to the limitations set forth in subdivision\nten of this section, uses such vehicle in its vehicle renting and/or\nleasing business; and includes (e) a person entitled to the use and\npossession of a vehicle subject to a security interest in another\nperson. For purposes of this section, the term "photo-monitoring system"\nshall mean a vehicle sensor installed to work in conjunction with a toll\ncollection facility which automatically produces one or more\nphotographs, one or more microphotographs, a videotape or other recorded\nimages of each vehicle at the time it is used or operated in violation\nof toll collection regulations. For purposes of this section, the term\n"toll collection regulations" shall mean: those rules and regulations of\na public authority providing for and requiring the payment of tolls\nand/or charges prescribed by such public authority for the use of\nbridges, tunnels or highways under its jurisdiction or those rules and\nregulations of a public authority making it unlawful to refuse to pay or\nto evade or to attempt to evade the payment of all or part of any toll\nand/or charge for the use of bridges, tunnels or highways under the\njurisdiction of such public authority. For purposes of this section, the\nterm "vehicle" shall mean every device in, upon or by which a person or\nproperty is or may be transported or drawn upon a highway, except\ndevices used exclusively upon stationary rails or tracks.\n  4. A certificate, sworn to or affirmed by an agent of the public\nauthority which charged that the violation occurred, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images produced by a photo-monitoring system\nshall be prima facie evidence of the facts contained therein and shall\nbe admissible in any proceeding charging a violation of toll collection\nregulations, provided that any photographs, microphotographs, videotape\nor other recorded images evidencing such a violation shall be available\nfor inspection and admission into evidence in any proceeding to\nadjudicate the liability for such violation.\n  5. An owner found liable for a violation of toll collection\nregulations pursuant to this section shall for a first violation thereof\nbe liable for a monetary penalty not to exceed fifty dollars or two\ntimes the toll evaded whichever is greater; for a second violation\nthereof both within eighteen months be liable for a monetary penalty not\nto exceed one hundred dollars or five times the toll evaded whichever is\ngreater; for a third or subsequent violation thereof all within eighteen\nmonths be liable for a monetary penalty not to exceed one hundred fifty\ndollars or ten times the toll evaded whichever is greater.\n  6. An imposition of liability pursuant to this section shall be based\nupon a preponderance of evidence as submitted. An imposition of\nliability pursuant to this section shall not be deemed a conviction as\nan operator and shall not be made part of the motor vehicle operating\nrecord, furnished pursuant to section three hundred fifty-four of the\nvehicle and traffic law, of the person upon whom such liability is\nimposed nor shall it be used for insurance purposes in the provision of\nmotor vehicle insurance coverage.\n  7. (a) A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of toll\ncollection regulations. Such notice shall be mailed no later than thirty\ndays after the alleged violation. Personal delivery on the owner shall\nnot be required. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the mailing\nof the notice.\n  (b) A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of toll\ncollection regulations pursuant to this section, the registration number\nof the vehicle involved in such violation, the location where such\nviolation took place, the date and time of such violation and the\nidentification number of the photo-monitoring system which recorded the\nviolation or other document locator number.\n  (c) The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he may contest the\nliability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  (d) The notice of liability shall be prepared and mailed by the public\nauthority having jurisdiction over the toll facility where the violation\nof toll collection regulations occurred.\n  8. (a) Adjudication of the liability imposed upon owners by this\nsection shall be by the entity having jurisdiction over violations of\nthe rules and regulations of the public authority serving the notice of\nliability or where authorized by an administrative tribunal and all\nviolations shall be heard and determined in the county in which the\nviolation is alleged to have occurred, or in New York city and upon the\nconsent of both parties, in any county within New York city in which the\npublic authority operates or maintains a facility, and in the same\nmanner as charges of other regulatory violations of such public\nauthority or pursuant to the rules and regulations of such\nadministrative tribunal as the case may be.\n  (b) Upon exhaustion of remedies pursuant to this section or section\ntwenty-nine hundred eighty-five-a of this title, as applicable, the New\nYork state bridge authority, thruway authority, triborough bridge and\ntunnel authority, metropolitan transportation authority, and port\nauthority of New York and New Jersey, a bi-state agency created by\ncompact set forth in chapter one hundred fifty-four of the laws of\nnineteen hundred twenty-one, shall have the power to enter judgments for\nunpaid liabilities, provided that such unpaid liabilities include the\nfailure to pay tolls, fees, or other charges or the failure to have such\ntolls, fees or other charges dismissed or transferred in response to\nthree or more notices of violation issued within a five year period\ncharging the registrant of a motor vehicle with a violation of toll\ncollection regulations, and to enforce such judgments, without court\nproceedings, in the same manner as the enforcement of money judgments in\ncivil actions in any court of competent jurisdiction or any other place\nprovided for the entry of civil judgment within the state of New York,\nafter a period of notice pursuant to paragraph (c) of this subdivision.\nThe applicable tolling authority shall not enforce such judgments until\nthirty days have elapsed from issuing a notice pursuant to paragraph (c)\nof this subdivision.\n  (c) Prior to entering judgments for unpaid liabilities pursuant to\nparagraph (b) of this subdivision, the applicable tolling authority\nshall notify the person subject to such judgment, by first class mail,\nthat such person is at risk of entry of a judgment against them if they\nfail to pay such unpaid liabilities. The form and content of such notice\nshall be prescribed by the applicable tolling authority, and shall\ncontain a warning to advise the person that failure to pay the\napplicable unpaid liabilities within a period of not less than thirty\ndays of such notice will result in the enforcement of a judgment against\nthem, and shall further contain information about the process to dispute\nsuch liabilities, consistent with this section or section twenty-nine\nhundred eighty-five-a of this title, as applicable.\n  9. If an owner receives a notice of liability pursuant to this section\nfor any time period during which the vehicle was reported to the police\ndepartment as having been stolen, it shall be a valid defense to an\nallegation of liability for a violation of toll collection regulations\nthat the vehicle had been reported to the police as stolen prior to the\ntime the violation occurred and had not been recovered by such time. If\nan owner receives a notice of liability pursuant to this section for any\ntime period during which the vehicle was stolen, but not as yet reported\nto the police as having been stolen, it shall be a valid defense to an\nallegation of liability for a violation of toll collection regulations\npursuant to this section that the vehicle was reported as stolen within\ntwo hours after the discovery of the theft by the owner. For purposes of\nasserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the court or other entity having\njurisdiction.\n  10. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision seven of this section shall\nnot be liable for the violation of the toll collection regulation\nprovided that he or she sends to the public authority serving the notice\nof liability and to the court or other entity having jurisdiction a copy\nof the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty days after receiving the original\nnotice of liability. Failure to send such information within such thirty\nday time period shall render the lessor liable for the penalty\nprescribed by this section. Where the lessor complies with the\nprovisions of this subdivision, the lessee of such vehicle on the date\nof such violation shall be deemed to be the owner of such vehicle for\npurposes of this section and shall be subject to liability for the\nviolation of toll collection regulations, provided that the public\nauthority mails a notice of liability to the lessee within ten days\nafter the court, or other entity having jurisdiction, deems the lessee\nto be the owner. For purposes of this subdivision the term "lessor"\nshall mean any person, corporation, firm, partnership, agency,\nassociation or organization engaged in the business of renting or\nleasing vehicles to any lessee under a rental agreement, lease or\notherwise wherein the said lessee has the exclusive use of said vehicle\nfor any period of time. For purposes of this subdivision, the term\n"lessee" shall mean any person, corporation, firm, partnership, agency,\nassociation or organization that rents, leases or contracts for the use\nof one or more vehicles and has exclusive use thereof for any period of\ntime.\n  11. Except as provided in subdivision ten of this section, if a person\nreceives a notice of liability pursuant to this section it shall be a\nvalid defense to an allegation of liability for a violation of toll\ncollection regulations that the individual who received the notice of\nliability pursuant to this section was not the owner of the vehicle at\nthe time the violation occurred. If the owner liable for a violation of\ntoll collection regulations pursuant to this section was not the\noperator of the vehicle at the time of the violation, the owner may\nmaintain an action for indemnification against the operator.\n  12. "Electronic toll collection system" shall mean a system of\ncollecting tolls or charges which is capable of charging an account\nholder the appropriate toll or charge by transmission of information\nfrom an electronic device on a motor vehicle to the toll lane, which\ninformation is used to charge the account the appropriate toll or\ncharge. In adopting procedures for the preparation and mailing of a\nnotice of liability, the public authority having jurisdiction over the\ntoll facility shall adopt guidelines to ensure adequate and timely\nnotice to all electronic toll collection system account holders to\ninform them when their accounts are delinquent. An owner who is an\naccount holder under the electronic toll collection system shall not be\nfound liable for a violation of this section unless such authority has\nfirst sent a notice of delinquency to such account holder and the\naccount holder was in fact delinquent at the time of the violation.\n  13. Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of toll collection\nregulations.\n  14. Notwithstanding any other provision of law, all photographs,\nmicrophotographs, videotape or other recorded images prepared pursuant\nto this section shall be for the exclusive use of a public authority in\nthe discharge of its duties under this section and shall not be open to\nthe public nor be used in any court in any action or proceeding pending\ntherein unless such action or proceeding relates to the imposition of or\nindemnification for liability pursuant to this section. The public\nauthority shall not sell, distribute or make available in any way, the\nnames and addresses of electronic toll collection system account\nholders, without such account holders' consent to any entity that will\nuse such information for any commercial purpose provided that the\nforegoing restriction shall not be deemed to preclude the exchange of\nsuch information between any entities with jurisdiction over and or\noperating a toll highway bridge and/or tunnel facility.\n
N.Y. SOS Law § 363-B — New York Code / Act SOS / Article 5 / Title 11 / Section 363-B
Agreements for federal determination of eligibility of aged, blind and disabled persons for medical assistance
Status: in_force

§ 363-b.  Agreements for federal determination of eligibility of aged,\nblind and disabled persons for medical assistance.  1.  In order to\navoid costly, duplicative administrative responsibility, the department\non behalf of the state may, with the approval of the director of the\nbudget, enter into an agreement with the secretary of health, education\nand welfare for the secretary to determine eligibility, commencing on or\nafter the first day of January nineteen hundred seventy-four, for\nmedical assistance in the case of aged, blind or disabled persons,\npursuant to the provisions of the social security act authorizing such\nagreements and subject to the requirements of this title.  Such\nagreement shall include provision for payments of one-half the cost of\nsuch services to be made to such secretary.\n  2.  Payments required to be made by the department to the secretary of\nhealth, education and welfare for his services under such agreement\nshall be borne by and shared equally between the social services\ndistricts to which such payments are attributable and the state for any\nperiod commencing on or after the first day of January nineteen hundred\nseventy-four.\n
N.Y. VAT Law § 2257 — New York Code / Act VAT / Title 11 / Article 48 / Section 2257
Registration of dealers
Status: in_force

§ 2257. Registration of dealers. 1. For the purposes of this article,\na dealer shall be any person engaged in the business of buying, selling\nor trading vessels.  A person who sells three or more vessels for profit\nwithin one calendar year shall be presumed to be a dealer if such\nvessels were purchased, acquired or otherwise obtained by such person\nfor the purpose of resale, and were never placed in his consumer use. On\nand after April first, nineteen hundred eighty-six, no person shall\nengage in business as a dealer, or represent or advertise that he is\nengaged, or intends to engage, in such business in this state, unless\nthere shall have been issued to him a certificate of registration as\nprovided in this section. A person shall not be required to be\nregistered as a dealer if he sells no vessels other than vessels\ndetermined by regulation of the commissioner to be vessels or devices\nwhich would not ordinarily be considered as usable for transportation on\nwater.\n  2. Application for registration. Every dealer shall file an\napplication for registration as a dealer with the commissioner of motor\nvehicles, together with all required fees, in such form and detail and\ncontaining such information as the commissioner shall reasonably\nprescribe.\n  3. Issuance of certificate. If the commissioner approves the\napplication, he shall issue a certificate of registration in such form\nas he may prescribe. For the purposes of implementing this article, the\ncommissioner may, in his discretion, issue such certificates of\nregistration and number plates on a staggered expiration basis, in which\nevent the fees set forth in subdivision five of this section for such\ncertificate shall be prorated on a monthly basis.\n  4. Demonstrator numbers and trailer number plates. (a) Upon payment of\nthe required fee, a dealer shall be entitled to receive one or more\ndemonstrator numbers, which may be used in lieu of a registration issued\nunder section twenty-two hundred fifty-one of this article for the\noperation of any vessel owned or controlled by the registrant and held\nfor sale or demonstration. Demonstrator numbers shall be displayed in a\nmanner prescribed by the commissioner.\n  (b) Upon payment of the required fee, a dealer shall be entitled to\nreceive one or more number plates which may be used in lieu of any\nregistration issued under section four hundred one of this chapter for\nthe operation of any boat trailer owned or controlled by the dealer and\nheld for the purpose of sale or demonstration, provided such operation\nis directly related to the sale or demonstration of any boat trailer or\nvessel. The provisions of section four hundred two of this chapter with\nrespect to the care and display of number plates shall apply to number\nplates issued under this subdivision.\n  (c) The commissioner may, in his discretion, limit the number of\ndemonstrator numbers or number plates which shall be issued to any\nregistrant. The fee for the replacement of lost, mutilated, or destroyed\ndemonstrator numbers or number plates shall be two dollars.\n  5. Fees. Every application, other than a renewal application, shall be\naccompanied by an application fee of ten dollars, which shall in no\nevent be refunded. The triennial fee for such registration or renewal\nthereof shall be seventy-five dollars. The triennial fee for\ndemonstrator numbers or number plates shall be sixty dollars for each\nnumber or number plate. The application for registration, demonstrator\nnumbers and number plates shall be accompanied by the required fees.\nThere shall be no refund of any registration fee or any fee for\ndemonstrator numbers or number plates.\n  6. No dealer shall sell a vessel except in accordance with regulations\nestablished by the commissioner. The commissioner may, in his\ndiscretion, require a registrant to maintain a record in a prescribed\nform of all vessels received or disposed of by him. Upon request of an\nagent of the commissioner or of any peace officer acting pursuant to his\nspecial duties, a registrant shall produce such records and permit said\nagent or peace officer to examine them, and any vessels on the premises\nsubject to the record keeping requirements of this section during usual\nbusiness hours or while the registrant is conducting business. The\nfailure to produce such records or to permit such inspection as required\nby this subdivision shall be a violation.\n