N.Y. VAT Law § 1111-E — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-E
Owner liability for failure of operator to comply with traffic-control indications
Status: in_force

* § 1111-e. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the city of White Plains is hereby authorized and empowered to\nadopt and amend a local law or ordinance establishing a demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with traffic-control\nindications in such city in accordance with the provisions of this\nsection. Such demonstration program shall empower such city to install\nand operate traffic-control signal photo violation-monitoring devices at\nno more than twelve intersections within such city at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n  (b) In any such city which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of White Plains in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if such city by local\nlaw has authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such bureau.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for each violation; provided, however, that such local law\nor ordinance may provide for an additional penalty not in excess of\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. 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 subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability 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  4. The notice of liability shall be prepared and mailed by the city of\nWhite Plains, or by any other entity authorized by such city to prepare\nand mail such notification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions, except that\nif such city has established an administrative tribunal to hear and\ndetermine complaints of traffic infractions constituting parking,\nstanding or stopping violations such city may, by local law, authorize\nsuch adjudication by such tribunal.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting 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 traffic violations bureau,\ncourt having jurisdiction or parking violations bureau.\n  (j) 1. In such city where the adjudication of liability imposed upon\nowners pursuant to this section is by a traffic violations bureau or a\ncourt having jurisdiction, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that he or she\nsends to the traffic violations bureau or court having jurisdiction a\ncopy of 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-seven days after receiving notice\nfrom the bureau or court of the date and time of such violation,\ntogether with the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nparagraph, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n  2. (I) In such city which, by local law, has authorized the\nadjudication of liability imposed upon owners by this section by a\nparking violations bureau, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that:\n  (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  (II) Failure to comply with clause (B) of subparagraph (I) of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n  (III) Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) Any city that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before the first day of\nJune next succeeding the effective date of this section and on the same\ndate in each succeeding year in which the demonstration program is\noperable.  Such report shall include, but not be limited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department of\nmotor vehicles of this state;\n  3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability issued for violations recorded by such\nsystems;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems;\n  8. the total amount of revenue realized by such city from such\nadjudications including a breakdown of revenue realized by such city for\neach year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n  9. expenses incurred by such city in connection with the program; and\n  10. quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB Repealed December 1, 2029\n
N.Y. VAT Law § 1180-H*2 — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-H*2
Owner liability for failure of operator to comply with certain posted maximum speed limits; city of Schenectady
Status: in_force

* § 1180-h. Owner liability for failure of operator to comply with\ncertain posted maximum speed limits; city of Schenectady. (a) 1.\nNotwithstanding any other provision of law, the city of Schenectady is\nhereby authorized to establish a demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with posted maximum speed limits in a school speed zone within\nsuch city (i) when a school speed limit is in effect as provided in\nparagraphs one and two of subdivision (c) of section eleven hundred\neighty of this article or (ii) when other speed limits are in effect as\nprovided in subdivision (b), (d), (f) or (g) of section eleven hundred\neighty of this article during the following times: (A) on school days\nduring school hours and one hour before and one hour after the school\nday, and (B) a period during student activities at the school and up to\nthirty minutes immediately before and up to thirty minutes immediately\nafter such student activities. Such demonstration program shall empower\nthe city of Schenectady to install photo speed violation monitoring\nsystems within no more than twenty school speed zones within such city\nat any one time and to operate such systems within such zones (iii) when\na school speed limit is in effect as provided in paragraphs one and two\nof subdivision (c) of section eleven hundred eighty of this article or\n(iv) when other speed limits are in effect as provided in subdivision\n(b), (d), (f) or (g) of section eleven hundred eighty of this article\nduring the following times: (A) on school days during school hours and\none hour before and one hour after the school day, and (B) a period\nduring student activities at the school and up to thirty minutes\nimmediately before and up to thirty minutes immediately after such\nstudent activities. In selecting a school speed zone in which to install\nand operate a photo speed violation monitoring system, the city shall\nconsider criteria including, but not limited to, the speed data, crash\nhistory, and the roadway geometry applicable to such school speed zone.\n  2. No photo speed violation monitoring system shall be used in a\nschool speed zone unless (i) on the day it is to be used it has\nsuccessfully passed a self-test of its functions; and (ii) it has\nundergone an annual calibration check performed pursuant to paragraph\nfour of this subdivision. The city shall install signs giving notice\nthat a photo speed violation monitoring system is in use to be mounted\non advance warning signs notifying motor vehicle operators of such\nupcoming school speed zone and/or on speed limit signs applicable within\nsuch school speed zone, in conformance with standards established in the\nMUTCD.\n  3. Operators of photo speed violation monitoring systems shall have\ncompleted training in the procedures for setting up, testing, and\noperating such systems. Each such operator shall complete and sign a\ndaily set-up log for each such system that the operator operates that\n(i) states the date and time when, and the location where, the system\nwas set up that day, and (ii) states that such operator successfully\nperformed, and the system passed, the self-tests of such system before\nproducing a recorded image that day. The city shall retain each such\ndaily log until the later of the date on which the photo speed violation\nmonitoring system to which it applies has been permanently removed from\nuse or the final resolution of all cases involving notices of liability\nissued based on photographs, microphotographs, videotape or other\nrecorded images produced by such system.\n  4. Each photo speed violation monitoring system shall undergo an\nannual calibration check performed by an independent calibration\nlaboratory which shall issue a signed certificate of calibration. The\ncity shall keep each such annual certificate of calibration on file\nuntil the final resolution of all cases involving a notice of liability\nissued during such year which were based on photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring system.\n  5. (i) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring systems shall not include images that\nidentify the driver, the passengers, or the contents of the vehicle.\nProvided, however, that no notice of liability issued pursuant to this\nsection shall be dismissed solely because such a photograph,\nmicrophotograph, videotape or other recorded image allows for the\nidentification of the driver, the passengers, or the contents of\nvehicles where the city shows that it made reasonable efforts to comply\nwith the provisions of this paragraph in such case.\n  (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a photo speed violation monitoring system shall be for the\nexclusive use of the city for the purpose of the adjudication of\nliability imposed pursuant to this section and of the owner receiving a\nnotice of liability pursuant to this section, and shall be destroyed by\nthe city upon the final resolution of the notice of liability to which\nsuch photographs, microphotographs, videotape or other recorded images\nrelate, or one year following the date of issuance of such notice of\nliability, whichever is later. Notwithstanding the provisions of any\nother law, rule or regulation to the contrary, photographs,\nmicrophotographs, videotape or any other recorded image from a photo\nspeed violation monitoring system shall not be open to the public, nor\nsubject to civil or criminal process or discovery, nor used by any court\nor administrative or adjudicatory body in any action or proceeding\ntherein except that which is necessary for the adjudication of a notice\nof liability issued pursuant to this section, and no public entity or\nemployee, officer or agent thereof shall disclose such information,\nexcept that such photographs, microphotographs, videotape or any other\nrecorded images from such systems:\n  (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n  (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n  (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n  (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n  (b) If the city of Schenectady establishes a demonstration program\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, within a school speed zone in violation of subdivision (c)\nor during the times authorized pursuant to subdivision (a) of this\nsection in violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this article, such vehicle was traveling at a\nspeed of more than ten miles per hour above the posted speed limit in\neffect within such school speed zone, and such violation is evidenced by\ninformation obtained from a photo speed violation monitoring system;\nprovided however that no owner of a vehicle shall be liable for a\npenalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n  1. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter;\n  2. "owner" shall have the meaning provided in article two-B of this\nchapter;\n  3. "photo speed violation monitoring system" shall mean a vehicle\nsensor installed to work in conjunction with a speed measuring device\nwhich automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in a school speed zone in violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this article in accordance with the provisions of this\nsection; and\n  4. "school speed zone" shall mean a distance not to exceed one\nthousand three hundred twenty feet on a highway passing a school\nbuilding, entrance or exit of a school abutting on the highway.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Schenectady, or a facsimile thereof, based upon inspection\nof photographs, microphotographs, videotape or other recorded images\nproduced by a photo speed violation monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall include at least two date and time stamped images of the\nrear of the motor vehicle that include the same stationary object near\nthe motor vehicle and shall be available for inspection reasonably in\nadvance of and at any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n  (e) An owner liable for a violation of subdivision (b), (c), (d), (f)\nor (g) of section eleven hundred eighty of this article pursuant to a\ndemonstration program established pursuant to this section shall be\nliable for monetary penalties in accordance with a schedule of fines and\npenalties to be promulgated by the parking violations bureau of the city\nof Schenectady. The liability of the owner pursuant to this section\nshall not exceed fifty dollars for each violation; provided, however,\nthat such parking violations bureau may provide for an additional\npenalty not in excess of twenty-five dollars for each violation for the\nfailure to respond to a notice of liability within the prescribed time\nperiod.\n  (f) An imposition of liability under the demonstration program\nestablished pursuant to this section shall not be deemed a conviction as\nan operator and shall not be made part of the operating record of the\nperson upon whom such liability is imposed nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage.\n  (g) 1. 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 subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, within fourteen business days if such\nowner is a resident of this state and within forty-five business days if\nsuch owner is a non-resident. Personal delivery on the owner shall not\nbe required. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the facts\ncontained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, the registration number of the vehicle\ninvolved in such violation, the location where such violation took\nplace, the date and time of such violation, the identification number of\nthe camera which recorded the violation or other document locator\nnumber, at least two date and time stamped images of the rear of the\nmotor vehicle that include the same stationary object near the motor\nvehicle, and the certificate charging the liability.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which the person may\ncontest the liability alleged in the notice. Such notice of liability\nshall also contain a prominent warning to advise the person charged that\nfailure to contest in the manner and time provided shall be deemed an\nadmission of liability and that a default judgment may be entered\nthereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nSchenectady, or by any other entity authorized by the city to prepare\nand mail such notice of liability.\n  (h) Adjudication of the liability imposed upon owners of this section\nshall be by the city of Schenectady parking violations bureau.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle or the number plate\nor plates of such vehicle was reported to the police department as\nhaving been stolen, it shall be a valid defense to an allegation of\nliability for a violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this article pursuant to this section\nthat the vehicle or the number plate or plates of such vehicle had been\nreported to the police as stolen prior to the time the violation\noccurred and had not been recovered by such time. 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 or number plate or plates of such vehicle be sent by first class\nmail to the city of Schenectady parking violations bureau or by any\nother entity authorized by the city to prepare and mail such notice of\nliability.\n  (j) Adjudication of the liability imposed upon owners of this section\nshall be by the city of Schenectady parking violations bureau.\n  (k) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (b), (c), (d), (f) or (g)\nof section eleven hundred eighty of this article pursuant to this\nsection, provided that:\n  (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n  (ii) within thirty-seven days after receiving notice from such bureau\nof the date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to\nsuch bureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by such\nbureau pursuant to regulations that may be promulgated for such purpose.\n  2. Failure to comply with subparagraph (ii) of paragraph one of this\nsubdivision shall render the owner liable for the penalty prescribed in\nthis section.\n  3. Where the lessor complies with the provisions of paragraph one of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (g) of this section.\n  (l) 1. If the owner liable for a violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article pursuant to this\nsection was not the operator of the vehicle at the time of the\nviolation, the owner may maintain an action for indemnification against\nthe operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator operated such\nvehicle in violation of subdivision (b), (c), (d), (f) or (g) of section\neleven hundred eighty of this article. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator operated such vehicle in violation of subdivision (b), (c),\n(d), (f) or (g) of section eleven hundred eighty of this article.\n  (m) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article.\n  (n) If the city adopts a demonstration program pursuant to subdivision\n(a) of this section it shall conduct a study and submit an annual report\non the results of the use of photo devices to the governor, the\ntemporary president of the senate and the speaker of the assembly on or\nbefore the first day of June next succeeding the effective date of this\nsection and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include:\n  1. the locations where and dates when photo speed violation monitoring\nsystems were used;\n  2. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within all school speed zones\nwithin the city, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  3. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within school speed zones where\nphoto speed violation monitoring systems were used, to the extent the\ninformation is maintained by the department of motor vehicles of this\nstate;\n  4. the number of violations recorded within all school speed zones\nwithin the city, in the aggregate on a daily, weekly and monthly basis;\n  5. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used, in the\naggregate on a daily, weekly and monthly basis;\n  6. the number of violations recorded within all school speed zones\nwithin the city that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  7. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  8. the total number of notices of liability issued for violations\nrecorded by such systems;\n  9. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems;\n  10. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems;\n  11. the total amount of revenue realized by the city in connection\nwith the program;\n  12. the expenses incurred by the city in connection with the program;\nand\n  13. the quality of the adjudication process and its results.\n  (o) It shall be a defense to any prosecution for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this article pursuant to this section that such photo speed violation\nmonitoring system was malfunctioning at the time of the alleged\nviolation.\n  * NB Repealed December 31, 2030\n  * NB There are 3 § 1180-h's\n
N.Y. EDN Law § 6226 — New York Code / Act EDN / Title 7 / Article 125 / Section 6226
Community college severence provisions
Status: in_force

§ 6226. Community college severence provisions.  a. On July first,\nnineteen hundred seventy-five:\n  1. Any funds and copies of all books, papers and records of the\ntrustees of the state university, pertaining to or connected with the\ncommunity colleges, shall become the property of the board of trustees.\n  2. Any business or other matter undertaken or commenced by the\ntrustees of the state university of New York pertaining to or connected\nwith the community colleges may be conducted and completed by the board\nof trustees under the same terms and conditions and with the same effect\nas if conducted and completed by such board of trustees.\n  3. Inclusion in the master plan of the state university of New York of\na facility or of a plan or recommendation with respect to a community\ncollege shall constitute inclusion of such facility, plan or\nrecommendation in the master plan of the city university, and any\napproval by the board of regents of any facility, plan or recommendation\nincluded in the master plan of the state university with respect to a\ncommunity college and the incorporation thereof in the regents plan for\nhigher education, and any approval by the governor of the regents plan\ninsofar as it relates to such facility, plan or recommendation, shall\nconstitute the requisite approvals of the inclusion of such facility,\nplan or recommendation in the master plan of the city university for\npurposes of section two hundred thirty-seven of this article and article\none hundred twenty-five-B of this chapter, and any other law.\n  4. Any person who, immediately prior to July first, nineteen hundred\nseventy-five, was appointed to a position on the instructional staff of\na community college pursuant to former section sixty-two hundred six-b\nof this article shall be considered as of the effective date of this\narticle to have been appointed to a comparable position under section\nsixty-two hundred ten of this chapter. Any person who, immediately prior\nto July first, nineteen hundred seventy-five, had achieved tenure under\nformer section sixty-two hundred six-b of this chapter shall be\nconsidered as of July first, nineteen hundred seventy-five as having\nachieved tenure and/or attained such other right under section sixty-two\nhundred ten of this chapter.  The period of creditable service of any\nperson who, prior to July first, nineteen hundred seventy-five, had at\nany time served in a position on the instructional staff of a community\ncollege pursuant to former section sixty-two hundred six-b of this\nchapter shall be counted in computing the years of service of such\nperson required under section sixty-two hundred ten of this chapter in\nthe achievement of tenure.\n  b. The board of trustees is hereby authorized to enter into any\nagreement to effectuate the purposes of chapter three hundred thirty-two\nof the laws of nineteen hundred seventy-five.\n
N.Y. EDN Law § 6444 — New York Code / Act EDN / Title 7 / Article 129-B / Section 6444
Response to reports
Status: in_force

§ 6444. Response to reports. 1. Every institution shall ensure that\nreporting individuals are advised of their right to:\n  a. Notify university police or campus security, local law enforcement,\nand/or state police;\n  b. Have emergency access to a Title IX Coordinator or other\nappropriate official trained in interviewing victims of sexual assault\nwho shall be available upon the first instance of disclosure by a\nreporting individual to provide information regarding options to\nproceed, and, where applicable, the importance of preserving evidence\nand obtaining a sexual assault forensic examination as soon as possible,\nand detailing that the criminal justice process utilizes different\nstandards of proof and evidence and that any questions about whether a\nspecific incident violated the penal law should be addressed to law\nenforcement or to the district attorney. Such official shall also\nexplain whether he or she is authorized to offer the reporting\nindividual confidentiality or privacy, and shall inform the reporting\nindividual of other reporting options;\n  c. Disclose confidentially the incident to institution\nrepresentatives, who may offer confidentiality pursuant to applicable\nlaws and can assist in obtaining services for reporting individuals;\n  d. Disclose confidentially the incident and obtain services from the\nstate or local government;\n  e. Disclose the incident to institution representatives who can offer\nprivacy or confidentiality, as appropriate, and can assist in obtaining\nresources for reporting individuals;\n  f. File a report of sexual assault, domestic violence, dating\nviolence, and/or stalking and the right to consult the Title IX\nCoordinator and other appropriate institution representatives for\ninformation and assistance. Reports shall be investigated in accordance\nwith institution policy and a reporting individual's identity shall\nremain private at all times if said reporting individual wishes to\nmaintain privacy;\n  g. Disclose, if the accused is an employee of the institution, the\nincident to the institution's human resources authority or the right to\nrequest that a confidential or private employee assist in reporting to\nthe appropriate human resources authority;\n  h. Receive assistance from appropriate institution representatives in\ninitiating legal proceedings in family court or civil court; and\n  i. Withdraw a complaint or involvement from the institution process at\nany time.\n  2. Every institution shall ensure that, at a minimum, at the first\ninstance of disclosure by a reporting individual to an institution\nrepresentative, the following information shall be presented to the\nreporting individual: "You have the right to make a report to university\npolice or campus security, local law enforcement, and/or state police or\nchoose not to report; to report the incident to your institution; to be\nprotected by the institution from retaliation for reporting an incident;\nand to receive assistance and resources from your institution."\n  3. Every institution shall ensure that reporting individuals have\ninformation about resources, including intervention, mental health\ncounseling, and medical services, which shall include information on\nwhether such resources are available at no cost or for a fee. Every\ninstitution shall also provide information on sexually transmitted\ninfections, sexual assault forensic examinations, and resources\navailable through the New York state office of victim services,\nestablished pursuant to section six hundred twenty-two of the executive\nlaw.\n  4. Every institution shall ensure that individuals are provided the\nfollowing protections and accommodations:\n  a. When the accused or respondent is a student, to have the\ninstitution issue a "no contact order" consistent with institution\npolicies and procedures, whereby continued intentional contact with the\nreporting individual would be a violation of institution policy subject\nto additional conduct charges; if the accused or respondent and a\nreporting individual observe each other in a public place, it shall be\nthe responsibility of the accused or respondent to leave the area\nimmediately and without directly contacting the reporting individual.\nBoth the accused or respondent and the reporting individual shall, upon\nrequest and consistent with institution policies and procedures, be\nafforded a prompt review, reasonable under the circumstances, of the\nneed for and terms of a no contact order, including potential\nmodification, and shall be allowed to submit evidence in support of his\nor her request. Institutions may establish an appropriate schedule for\nthe accused and respondents to access applicable institution buildings\nand property at a time when such buildings and property are not being\naccessed by the reporting individual;\n  b. To be assisted by the institution's police or security forces, if\napplicable, or other officials in obtaining an order of protection or,\nif outside of New York state, an equivalent protective or restraining\norder;\n  c. To receive a copy of the order of protection or equivalent when\nreceived by an institution and have an opportunity to meet or speak with\nan institution representative, or other appropriate individual, who can\nexplain the order and answer questions about it, including information\nfrom the order about the accused's responsibility to stay away from the\nprotected person or persons;\n  d. To an explanation of the consequences for violating these orders,\nincluding but not limited to arrest, additional conduct charges, and\ninterim suspension;\n  e. To receive assistance from university police or campus security in\neffecting an arrest when an individual violates an order of protection\nor, if university police or campus security does not possess arresting\npowers, then to call on and assist local law enforcement in effecting an\narrest for violating such an order, provided that nothing in this\narticle shall limit current law enforcement jurisdiction and procedures;\n  f. When the accused or respondent is a student determined to present a\ncontinuing threat to the health and safety of the community, to subject\nthe accused or respondent to interim suspension pending the outcome of a\njudicial or conduct process consistent with this article and the\ninstitution's policies and procedures. Both the accused or respondent\nand the reporting individual shall, upon request and consistent with the\ninstitution's policies and procedures, be afforded a prompt review,\nreasonable under the circumstances, of the need for and terms of an\ninterim suspension, including potential modification, and shall be\nallowed to submit evidence in support of his or her request;\n  g. When the accused is not a student but is a member of the\ninstitution's community and presents a continuing threat to the health\nand safety of the community, to subject the accused to interim measures\nin accordance with applicable collective bargaining agreements, employee\nhandbooks, and rules and policies of the institution;\n  h. To obtain reasonable and available interim measures and\naccommodations that effect a change in academic, housing, employment,\ntransportation or other applicable arrangements in order to help ensure\nsafety, prevent retaliation and avoid an ongoing hostile environment,\nconsistent with the institution's policies and procedures. Both the\naccused or respondent and the reporting individual shall, upon request\nand consistent with the institution's policies and procedures, be\nafforded a prompt review, reasonable under the circumstances, of the\nneed for and terms of any such interim measure and accommodation that\ndirectly affects him or her, and shall be allowed to submit evidence in\nsupport of his or her request.\n  5. Every institution shall ensure that every student be afforded the\nfollowing rights:\n  a. The right to request that student conduct charges be filed against\nthe accused in proceedings governed by this article and the procedures\nestablished by the institution's rules.\n  b. The right to a process in all student judicial or conduct cases,\nwhere a student is accused of sexual assault, domestic violence, dating\nviolence, stalking, or sexual activity that may otherwise violate the\ninstitution's code of conduct, that includes, at a minimum: (i) notice\nto a respondent describing the date, time, location and factual\nallegations concerning the violation, a reference to the specific code\nof conduct provisions alleged to have been violated, and possible\nsanctions; (ii) an opportunity to offer evidence during an\ninvestigation, and to present evidence and testimony at a hearing, where\nappropriate, and have access to a full and fair record of any such\nhearing, which shall be preserved and maintained for at least five years\nfrom such a hearing and may include a transcript, recording or other\nappropriate record; and (iii) access to at least one level of appeal of\na determination before a panel, which may include one or more students,\nthat is fair and impartial and does not include individuals with a\nconflict of interest. In order to effectuate an appeal, a respondent and\nreporting individual in such cases shall receive written notice of the\nfindings of fact, the decision and the sanction, if any, as well as the\nrationale for the decision and sanction. In such cases, any rights\nprovided to a reporting individual must be similarly provided to a\nrespondent and any rights provided to a respondent must be similarly\nprovided to a reporting individual.\n  c. Throughout proceedings involving such an accusation of sexual\nassault, domestic violence, dating violence, stalking, or sexual\nactivity that may otherwise violate the institution's code of conduct,\nthe right:\n  i. For the respondent, accused, and reporting individual to be\naccompanied by an advisor of choice who may assist and advise a\nreporting individual, accused, or respondent throughout the judicial or\nconduct process including during all meetings and hearings related to\nsuch process. Rules for participation of such advisor shall be\nestablished in the code of conduct.\n  ii. To a prompt response to any complaint and to have the complaint\ninvestigated and adjudicated in an impartial, timely, and thorough\nmanner by individuals who receive annual training in conducting\ninvestigations of sexual violence, the effects of trauma, impartiality,\nthe rights of the respondent, including the right to a presumption that\nthe respondent is "not responsible" until a finding of responsibility is\nmade pursuant to the provisions of this article and the institution's\npolicies and procedures, and other issues including, but not limited to\ndomestic violence, dating violence, stalking or sexual assault.\n  iii. To an investigation and process that is fair, impartial and\nprovides a meaningful opportunity to be heard, and that is not conducted\nby individuals with a conflict of interest.\n  iv. To have the institution's judicial or conduct process run\nconcurrently with a criminal justice investigation and proceeding,\nexcept for temporary delays as requested by external municipal entities\nwhile law enforcement gathers evidence. Temporary delays should not last\nmore than ten days except when law enforcement specifically requests and\njustifies a longer delay.\n  v. To review and present available evidence in the case file, or\notherwise in the possession or control of the institution, and relevant\nto the conduct case, consistent with institution policies and\nprocedures.\n  vi. To exclude their own prior sexual history with persons other than\nthe other party in the judicial or conduct process or their own mental\nhealth diagnosis and/or treatment from admittance in the institution\ndisciplinary stage that determines responsibility. Past findings of\ndomestic violence, dating violence, stalking, or sexual assault may be\nadmissible in the disciplinary stage that determines sanction.\n  vii. To receive written or electronic notice, provided in advance\npursuant to the college or university policy and reasonable under the\ncircumstances, of any meeting they are required to or are eligible to\nattend, of the specific rule, rules or laws alleged to have been\nviolated and in what manner, and the sanction or sanctions that may be\nimposed on the respondent based upon the outcome of the judicial or\nconduct process, at which time the designated hearing or investigatory\nofficer or panel shall provide a written statement detailing the factual\nfindings supporting the determination and the rationale for the sanction\nimposed.\n  viii. To make an impact statement during the point of the proceeding\nwhere the decision maker is deliberating on appropriate sanctions.\n  ix. To simultaneous (among the parties) written or electronic\nnotification of the outcome of a judicial or conduct process, including\nthe sanction or sanctions.\n  x. To be informed of the sanction or sanctions that may be imposed on\nthe respondent based upon the outcome of the judicial or conduct process\nand the rationale for the actual sanction imposed.\n  xi. To choose whether to disclose or discuss the outcome of a conduct\nor judicial process.\n  xii. To have all information obtained during the course of the conduct\nor judicial process be protected from public release until the appeals\npanel makes a final determination unless otherwise required by law.\n  6. For crimes of violence, including, but not limited to sexual\nviolence, defined as crimes that meet the reporting requirements\npursuant to the federal Clery Act established in 20 U.S.C.\n1092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the\ntranscript of students found responsible after a conduct process that\nthey were "suspended after a finding of responsibility for a code of\nconduct violation" or "expelled after a finding of responsibility for a\ncode of conduct violation." For the respondent who withdraws from the\ninstitution while such conduct charges are pending, and declines to\ncomplete the disciplinary process, institutions shall make a notation on\nthe transcript of such students that they "withdrew with conduct charges\npending." Each institution shall publish a policy on transcript\nnotations and appeals seeking removal of a transcript notation for a\nsuspension, provided that such notation shall not be removed prior to\none year after conclusion of the suspension, while notations for\nexpulsion shall not be removed. If a finding of responsibility is\nvacated for any reason, any such transcript notation shall be removed.\n  7. Institutions that lack appropriate on-campus resources or services\nshall, to the extent practicable, enter into memoranda of understanding,\nagreements or collaborative partnerships with existing community-based\norganizations, including rape-crisis centers and domestic violence\nshelters and assistance organizations, to refer students for assistance\nor make services available to students, including counseling, health,\nmental health, victim advocacy, and legal assistance, which may also\ninclude resources and services for the respondent.\n  8. Institutions shall, to the extent practicable, ensure that students\nhave access to a sexual assault forensic examination by employing the\nuse of a sexual assault nurse examiner in their campus health center or\nentering into memoranda of understanding or agreements with at least one\nlocal health care facility to provide such a service.\n  9. Nothing in this article shall be deemed to diminish the rights of\nany member of the institution's community under any applicable\ncollective bargaining agreement.\n
N.Y. VAT Law § 1203-H — New York Code / Act VAT / Title 7 / Article 32 / Section 1203-H
Metered parking waiver for certain disabilities
Status: in_force

§ 1203-h. Metered parking waiver for certain disabilities. 1. The\ncommissioner shall distribute metered parking waiver permits to the\ngoverning bodies of all cities, villages and towns; provided, however,\nthat the commissioner shall not distribute such permits to cities having\na population of one million or more which issue special vehicle\nidentification parking permits pursuant to paragraph fifteen of\nsubdivision a of section twenty-nine hundred three of the New York city\ncharter which waive the payment of metered parking fees. Notwithstanding\nany local law or ordinance to the contrary, such permits shall entitle\nany vehicle displaying such waiver permit to park at any metered parking\nspace in any city, village or town of the state and such permits shall\nwaive metered parking fees imposed by such city or village pursuant to\nparagraph nine of subdivision (a) of section sixteen hundred forty of\nthis chapter or imposed by such town pursuant to paragraph nine of\nsubdivision (a) of section sixteen hundred sixty of this chapter.\nProvided, however, that such permit shall not waive any time limit at a\nmetered parking space imposed pursuant to paragraph nine of subdivision\n(a) of section sixteen hundred forty of this chapter or paragraph nine\nof subdivision (a) of section sixteen hundred sixty of this chapter that\nis applicable to a motor vehicle parking in such metered parking space\nwithout such permit.\n  2. The application, permit design, period of validity, and procedures\nfor reissuance of such waiver permits shall be as determined by the\ncommissioner.\n  3. Such waiver permits shall be issued by issuing agents appointed\npursuant to subdivision one of section twelve hundred three-a of this\narticle by governing bodies of cities, villages and towns having a\npopulation of less than one million to persons with disabilities who:\n  (a) are residents of New York state; and\n  (b) are residents of the city, town or village in which such issuing\nagent is located, except that, an issuing agent, in his or her\ndiscretion, may issue a permit to a severely disabled person who is not\na resident of the city, town, or village in which such issuing agent is\nlocated where such person resides in a city, town, or village in which\nthe governing body has not appointed an issuing agent; and\n  (c) hold a valid driver's license issued by New York state; and\n  * (d) are severely disabled persons, as defined in subdivision four of\nsection four hundred four-a of this chapter, whose severe disability, as\ncertified by a licensed physician, limits one or more of the following:\n  (i) fine motor control in both hands;\n  (ii) ability to reach or access a parking meter due to use of a\nwheelchair or other ambulatory device; or\n  (iii) ability to reach a height of forty-two inches from the ground\ndue to the lack of finger, hand or upper extremity strength or mobility.\n  * NB Effective until August 25, 2026\n  * (d) are severely disabled persons, as defined in subdivision four of\nsection four hundred four-a of this chapter, whose severe disability, as\ncertified by any healthcare practitioner authorized to certify that an\nindividual is severely disabled pursuant to that subdivision, limits one\nor more of the following:\n  (i) fine motor control in both hands;\n  (ii) ability to reach or access a parking meter due to use of a\nwheelchair or other ambulatory device; or\n  (iii) ability to reach a height of forty-two inches from the ground\ndue to the lack of finger, hand or upper extremity strength or mobility.\n  * NB Effective August 25, 2026\n  4. For the purposes of this section, such waiver permit shall be for\nuse exclusively in a vehicle when the person to whom it has been issued\nis driving and unaccompanied by a person able to put payment into a\nparking meter. Such permit shall not be transferable and shall be\nforfeited if used by any other person. Any abuse by any person to whom\nsuch waiver permit has been issued shall be sufficient cause for\nrevocation of said permit.\n  5. The special metered parking waiver permit issued by the\ncommissioner shall be recognized statewide and is the only valid permit,\nother than a special vehicle identification parking permit issued by\ncities having a population of one million or more pursuant to paragraph\nfifteen of subdivision a of section twenty-nine hundred three of the New\nYork city charter, for the waiver of metered parking fees for certain\nseverely disabled drivers.\n  6. A person who knowingly and willfully, with the intent to deceive,\nmakes a false statement or gives information which such individual knows\nto be false to a public official to obtain a metered parking waiver\npermit in addition to any other penalty provided by law, shall be\nsubject to a civil penalty of not less than two hundred fifty dollars\nnor more than one thousand dollars.\n
N.Y. VAT Law § 1104 — New York Code / Act VAT / Title 7 / Article 23 / Section 1104
Authorized emergency vehicles
Status: in_force

§ 1104. Authorized emergency vehicles. (a) The driver of an authorized\nemergency vehicle, when involved in an emergency operation, may exercise\nthe privileges set forth in this section, but subject to the conditions\nherein stated.\n  (b) The driver of an authorized emergency vehicle may:\n  1. Stop, stand or park irrespective of the provisions of this title;\n  2. Proceed past a steady red signal, a flashing red signal or a stop\nsign, but only after slowing down as may be necessary for safe\noperation;\n  3. Exceed the maximum speed limits so long as he does not endanger\nlife or property;\n  4. Disregard regulations governing directions of movement or turning\nin specified directions.\n  (c) Except for an authorized emergency vehicle operated as a police\nvehicle or bicycle, the exemptions herein granted to an authorized\nemergency vehicle shall apply only when audible signals are sounded from\nany said vehicle while in motion by bell, horn, siren, electronic device\nor exhaust whistle as may be reasonably necessary, and when the vehicle\nis equipped with at least one lighted lamp so that from any direction,\nunder normal atmospheric conditions from a distance of five hundred feet\nfrom such vehicle, at least one red light will be displayed and visible.\n  (d) An authorized emergency vehicle operated as a police, sheriff or\ndeputy sheriff vehicle may exceed the maximum speed limits for the\npurpose of calibrating such vehicles' speedometer. Notwithstanding any\nother law, rule or regulation to the contrary, a police, sheriff or\ndeputy sheriff bicycle operated as an authorized emergency vehicle shall\nnot be prohibited from using any sidewalk, highway, street or roadway\nduring an emergency operation.\n  (e) The foregoing provisions shall not relieve the driver of an\nauthorized emergency vehicle from the duty to drive with due regard for\nthe safety of all persons, nor shall such provisions protect the driver\nfrom the consequences of his reckless disregard for the safety of\nothers.\n  (f) Notwithstanding any other law, rule or regulation to the contrary,\nan ambulance operated in the course of an emergency shall not be\nprohibited from using any highway, street or roadway; provided, however,\nthat an authority having jurisdiction over any such highway, street or\nroadway may specifically prohibit travel thereon by ambulances if such\nauthority shall deem such travel to be extremely hazardous and would\nendanger patients being transported thereby.\n
N.Y. PBA Law § 1560 — New York Code / Act PBA / Article 7 / Title 7 / Section 1560
Remedies of bondholders
Status: in_force

* § 1560. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Westchester and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purposes herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by suit, action or special proceedings enforce all rights of the\nbondholders, including the right to require the authority to collect\nrevenues adequate to carry out by any agreement as to, or pledge of,\nsuch revenues, and to require the authority to carry out any other\nagreements with the holders of such bonds and to perform its duties\nunder this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds:\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of\nWestchester.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fee,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom such project.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  * NB Dissolved December 1977\n  * NB There are 2 § 1560's\n
N.Y. VAT Law § 1170 — New York Code / Act VAT / Title 7 / Article 29 / Section 1170
Obedience to signal indicating approach of train
Status: in_force

§ 1170. Obedience to signal indicating approach of train. (a) Whenever\nany person driving a vehicle approaches a railroad grade crossing under\nany of the circumstances stated in this section, the driver of such\nvehicle shall stop not less than fifteen feet from the nearest rail of\nsuch railroad, and shall not proceed until he can do so safely. The\nforegoing requirements shall apply when:\n  1. An audible or clearly visible electric or mechanical signal device\ngives warning of the immediate approach of a railroad train;\n  2. A crossing gate is lowered or when a human flagman gives or\ncontinues to give a signal of the approach or passage of a railroad\ntrain;\n  3. A railroad train approaching within approximately one thousand five\nhundred feet of the highway crossing emits a signal audible from such\ndistance and such railroad train, by reason of its speed or nearness to\nsuch crossing, is an immediate hazard; or\n  4. An approaching railroad train is plainly visible and is in\nhazardous proximity to such crossing.\n  5. Every person convicted of a violation of this subdivision shall for\na first conviction thereof be punished by a fine of not more than one\nhundred fifty dollars or by imprisonment for not more than fifteen days\nor by both such fine and imprisonment; for a conviction of a second\nviolation, both of which were committed within a period of eighteen\nmonths, such person shall be punished by a fine of not more than five\nhundred dollars or by imprisonment for not more than forty-five days or\nby both such fine and imprisonment; upon a conviction of a third or\nsubsequent violation, all of which were committed within a period of\neighteen months, such person shall be punished by a fine of not more\nthan seven hundred fifty dollars or by imprisonment for not more than\nninety days or by both such fine and imprisonment.\n  (b) No person shall drive any vehicle through, around, or under any\ncrossing gate or barrier at a railroad crossing while such gate or\nbarrier is closed or is being opened or closed. Every person convicted\nof a violation of this subdivision shall for a first conviction thereof\nbe punished by a fine of not less than two hundred fifty dollars nor\nmore than four hundred dollars or by imprisonment for not more than\nthirty days or by both such fine and imprisonment; for a conviction of a\nsecond violation, both of which were committed within a period of thirty\nmonths, such person shall be punished by a fine of not less than three\nhundred fifty dollars nor more than seven hundred fifty dollars or by\nimprisonment for not more than ninety days or by both such fine and\nimprisonment; upon a conviction of a third or subsequent violation, all\nof which were committed within a period of thirty months, such person\nshall be punished by a fine of not less than six hundred dollars nor\nmore than one thousand dollars or by imprisonment for not more than one\nhundred eighty days or by both such fine and imprisonment.\n  (c) 1. Any person convicted of a violation of this section while\ndriving any vehicle carrying passengers under eighteen years of age, any\nbus carrying passengers, any school bus or any vehicle carrying\nexplosive substances or flammable liquids as a cargo or part of a cargo,\nshall, upon conviction of a first offense, be guilty of a class A\nmisdemeanor, and shall, upon conviction of a second or subsequent\noffense committed within five years of the prior offense, be guilty of a\nclass E felony.\n  2. Any person convicted of a violation of this section resulting in an\naccident which causes physical injury, as that term is defined pursuant\nto subdivision nine of section 10.00 of the penal law, serious physical\ninjury, as that term is defined pursuant to subdivision ten of section\n10.00 of the penal law, or death to another person, shall be guilty of a\nclass E felony.\n  (d) Nothing contained in this section shall be construed to prohibit\nor limit the prosecution of any violation, crime or other offense\notherwise required or permitted by law.\n
N.Y. ENV Law § 27-0705 — New York Code / Act ENV / Article 27 / Title 7 / Section 27-0705
Adoption of rules and regulations; public hearings
Status: in_force

§ 27-0705. Adoption of rules and regulations; public hearings.\n  A rule or regulation or any amendment or repeal thereof shall not be\nadopted until after public hearing thereon. Notice of such hearing shall\nbe given at least sixty days prior to the scheduled date of the hearing\nby public advertisement in the area of the state concerned of the date,\ntime, place and purpose of such hearing. At such hearing, opportunity to\nbe heard shall be given to the public. A rule or regulation or an\namendment or repeal thereof shall not become effective until sixty days\nafter certified copies thereof shall have been filed with the secretary\nof state.\n
N.Y. EDN Law § 5712 — New York Code / Act EDN / Title 7 / Article 115 / Section 5712
New York state college of agriculture and life sciences
Status: in_force

§ 5712. New York state college of agriculture and life sciences.  1.\nThe state college of agriculture, established by chapter six hundred\nfifty-five of the laws of nineteen hundred four, shall hereafter be\nknown as the New York state college of agriculture and life sciences at\nCornell university and shall continue to be under the supervision of the\nstate university trustees. The object of said college of agriculture and\nlife sciences shall be to improve the agricultural methods of the state,\nto develop the agricultural resources of the state in the production of\ncrops of all kinds, in the rearing and breeding of livestock, in the\nmanufacture of dairy and other products in determining better methods of\nhandling and marketing such products, and in other ways; and to increase\nintelligence and elevate the standards of living in the rural districts.\nFor the attainment of these objects the college is authorized to give\ninstruction in the sciences, arts and practices relating thereto, in\nsuch courses and in such manner as shall best serve the interests of the\nstate; to conduct extension work in disseminating agricultural knowledge\nthroughout the state by means of experiments and demonstrations on farms\nand gardens, investigations of the economic and social status of\nagriculture, lectures, publication of bulletins and reports, and in such\nother ways as may be deemed advisable in the furtherance of the\naforesaid objects; to make researches in the physical, chemical,\nbiological and other problems of agriculture, the application of such\ninvestigations to the agriculture of New York, and the publication of\nthe results thereof.\n  2. All buildings, furniture, apparatus and other property heretofore\nor hereafter erected or furnished by the state for such college of\nagriculture and life sciences shall be and remain the property of the\nstate.  The Cornell university shall have the custody and control of\nsaid property, and, as the representative of the state university\ntrustees, shall, with whatever state moneys may be received for the\npurpose, administer the said college of agriculture and life sciences as\nto the establishment of courses of study, the creation of departments\nand positions, the determination of the number and salaries of members\nof the faculty and other employees thereof, the appointment and\nemployment thereof, the maintenance of discipline and as to all other\nmatters pertaining to its educational policies, activities and\noperations, including research work.\n  3. The state university trustees shall maintain general supervision\nover the requests for appropriations, budgets, estimates and\nexpenditures of such college. Cornell university shall receive no\nincome, profit or compensation for the exercise and performance of the\npowers and duties conferred and imposed by this section, but all moneys\nreceived from state appropriations for the said college of agriculture\nand life sciences or derived from other sources in the course of the\nadministration thereof, shall be credited by said university to a\nseparate fund, and shall be used exclusively for said New York state\ncollege of agriculture and life sciences. Such moneys as may be\nappropriated to be paid to the Cornell university by the state in any\nyear, to be expended by said university in the administration of said\ncollege of agriculture and life sciences, shall be payable to the\ntreasurer of Cornell university in three equal payments to be made on\nthe first day of October, the first day of January, and the first day of\nApril in such year, and shall be expended upon vouchers approved by the\nchancellor of the state university, as the chief administrative officer\nof the state university, or by such authority or authorities in the\nstate university as shall be designated by the chancellor by a rule or\nwritten direction filed with the comptroller, when and in the manner\nauthorized by the state university trustees.\n  4. The said university shall expend such moneys and use such property\nof the state in administering said college of agriculture and life\nsciences as above provided, and shall submit to the state university\ntrustees during the month of September in each year, a detailed\nstatement of such expenditures and of the general operations of the said\ncollege of agriculture and life sciences.\n  5. The tuition fees charged to students shall be regulated by Cornell\nuniversity after prior consultation with the state university trustees\nand all other fees and charges in said college of agriculture and life\nsciences shall be fixed by Cornell university, and the moneys received\nfrom these sources and from the sales of products shall be credited to a\nseparate fund and shall be used for the current expenses of the said\ncollege of agriculture and life sciences.\n  6. There shall be established in said college of agriculture and life\nsciences courses of instruction in the fundamentals, theory and practice\nof nursery work, including the propagation and growth of nursery stock,\nand in gardening and planting.\n
N.Y. VAT Law § 1117 — New York Code / Act VAT / Title 7 / Article 24 / Section 1117
Traffic-control signals; malfunction
Status: in_force

§ 1117. Traffic-control signals; malfunction. Except when directed to\nproceed by a police officer, every operator of a motor vehicle\napproaching an intersection governed by a traffic-control signal which\nis out of service or otherwise malfunctioning shall stop in the manner\nrequired for stop signs set forth in section eleven hundred seventy-two\nof this title, and proceed according to the rules of right of way for\nvehicles set forth in article twenty-six of this title.\n
N.Y. EDN Law § 6446 — New York Code / Act EDN / Title 7 / Article 129-B / Section 6446
Options for confidential disclosure
Status: in_force

§ 6446. Options for confidential disclosure. 1. In accordance with\nthis article, every institution shall ensure that reporting individuals\nhave the following:\n  a. Information regarding privileged and confidential resources they\nmay contact regarding domestic violence, dating violence, stalking or\nsexual assault;\n  b. Information about counselors and advocates they may contact\nregarding domestic violence, dating violence, stalking, or sexual\nassault;\n  c. A plain language explanation of confidentiality which shall, at a\nminimum, include the following provision: "Even {Institution} offices\nand employees who cannot guarantee confidentiality will maintain your\nprivacy to the greatest extent possible. The information you provide to\na non-confidential resource will be relayed only as necessary for the\nTitle IX Coordinator to investigate and/or seek a resolution.";\n  d. Information about how the institution shall weigh a request for\nconfidentiality and respond to such a request. Such information shall,\nat a minimum, include that if a reporting individual discloses an\nincident to an institution employee who is responsible for responding to\nor reporting domestic violence, dating violence, stalking, or sexual\nassault but wishes to maintain confidentiality or does not consent to\nthe institution's request to initiate an investigation, the Title IX\nCoordinator must weigh the request against the institution's obligation\nto provide a safe, non-discriminatory environment for all members of its\ncommunity. The institution shall assist with academic, housing,\ntransportation, employment, and other reasonable and available\naccommodations regardless of reporting choices;\n  e. Information about public awareness and advocacy events, including\nguarantees that if an individual discloses information through a public\nawareness event such as candlelight vigils, protests, or other public\nevent, the institution is not obligated to begin an investigation based\non such information. The institution may use the information provided at\nsuch an event to inform its efforts for additional education and\nprevention efforts;\n  f. Information about existing and available methods to anonymously\ndisclose including, but not limited to information on relevant\nconfidential hotlines provided by New York state agencies and\nnot-for-profit entities;\n  g. Information regarding institutional crime reporting including, but\nnot limited to: reports of certain crimes occurring in specific\ngeographic locations that shall be included in the institution's annual\nsecurity report pursuant to the Clery Act, 20 U.S.C. 1092(f), in an\nanonymized manner that identifies neither the specifics of the crime nor\nthe identity of the reporting individual; that the institution is\nobligated to issue timely warnings of crimes enumerated in the Clery Act\noccurring within relevant geography that represent a serious or\ncontinuing threat to students and employees, except in those\ncircumstances where issuing such a warning may compromise current law\nenforcement efforts or when the warning itself could potentially\nidentify the reporting individual; that a reporting individual shall not\nbe identified in a timely warning; that the Family Educational Rights\nand Privacy Act, 20 U.S.C. 1232g, allows institutions to share\ninformation with parents when i. there is a health or safety emergency,\nor ii. when the student is a dependent on either parent's prior year\nfederal income tax return; and that generally, the institution shall not\nshare information about a report of domestic violence, dating violence,\nstalking, or sexual assault with parents without the permission of the\nreporting individual.\n  2. The institution may take proactive steps, such as training or\nawareness efforts, to combat domestic violence, dating violence,\nstalking or sexual assault in a general way that does not identify those\nwho disclose or the information disclosed.\n  3. If the institution determines that an investigation is required, it\nshall notify the reporting individuals and take immediate action as\nnecessary to protect and assist them.\n  4. The institution should seek consent from reporting individuals\nprior to conducting an investigation. Declining to consent to an\ninvestigation shall be honored unless the institution determines in good\nfaith that failure to investigate does not adequately mitigate a\npotential risk of harm to the reporting individual or other members of\nthe community.  Honoring such a request may limit the institution's\nability to meaningfully investigate and pursue conduct action against an\naccused individual. Factors used to determine whether to honor such a\nrequest include, but are not limited to:\n  a. Whether the accused has a history of violent behavior or is a\nrepeat offender;\n  b. Whether the incident represents escalation in unlawful conduct on\nbehalf of the accused from previously noted behavior;\n  c. The increased risk that the accused will commit additional acts of\nviolence;\n  d. Whether the accused used a weapon or force;\n  e. Whether the reporting individual is a minor; and\n  f. Whether the institution possesses other means to obtain evidence\nsuch as security footage, and whether available information reveals a\npattern of perpetration at a given location or by a particular group.\n
N.Y. RSS Law § 61 — New York Code / Act RSS / Article 2 / Title 7 / Section 61
Accidental death benefit
Status: in_force

§ 61. Accidental death benefit. a. An accidental death benefit and the\nreserve-for-increased-take-home-pay shall be payable upon the death of a\nmember if, upon application filed within five years after the death of\nsuch member, the comptroller shall determine, on the basis of the\nevidence, that such member:\n  1. Died before the effective date of his retirement, as the natural\nand proximate result of an accident sustained in the performance of duty\nin the service upon which his membership was based, and\n  2. Did not cause such accident by his own willful negligence, and\n  3. At the time of such accident was actually a member of the\nretirement system.\nWhere the claimant is an infant or is mentally or physically\nincapacitated, and because of the aforesaid disability application for\naccidental death benefit is not filed within the time specified by this\nsubdivision, or where a person entitled to make a claim dies before the\nexpiration of the time so specified, the comptroller in his discretion\nmay grant leave to file such application within a reasonable time after\nthe expiration of the time specified in this subdivision.\n  Notwithstanding the provisions of section two hundred forty-two, two\nhundred forty-three or two hundred forty-four of the military law or the\nprovisions of any other law to the contrary and solely for the purpose\nof determining eligibility for an accidental death benefit, a member\nshall be considered to have died as the natural and proximate result of\nan accident sustained in the performance of duty provided such member\nwas on the payroll in the service upon which membership is based at the\ntime he or she was ordered to active duty pursuant to Title 10 of the\nUnited States Code, with the armed forces of the United States or to\nservice in the uniformed services pursuant to Chapter 43 of Title 38 of\nthe United States Code and died while on such active duty or in service\nin the uniformed services on or after June fourteenth, two thousand\nfive.\n  b. The accidental death benefit and the\nreserve-for-increased-take-home-pay shall be payable from the pension\nreserve fund. Such accidential death benefit shall consist of a pension\nof one-half of the member's final average salary. The payment of such\npension shall be subject to the provisions of section sixty-four of this\narticle. The reserve-for-increased-take-home-pay shall be paid in a lump\nsum to those entitled thereto in accordance with subdivision d of this\nsection. The member's accumulated contributions shall be refunded in\naccordance with subdivision d of section fifty-one of this article.\n  c. The accidental death benefit payable pursuant to this section on\naccount of a member whose:\n  1. Service was on other than a full-time basis at the time of his\ndeath, and\n  2. Death was the natural and proximate result of an accident sustained\nwhile a member and while in the performance of duty, shall be equal to\nthe benefit that would be paid on account of such member were his\nservice on a full-time basis.\n  d. The pension on account of accidental death and the\nreserve-for-increased-take-home-pay shall be paid to:\n  1. The member's widow or widower to continue during his or her\nwidowhood. If he or she shall leave no widow or widower, or if his or\nher widow or widower shall die or remarry before all his or her children\nshall have attained age eighteen or sooner die, then to\n  2. His or her child or children under age eighteen, divided in such\nmanner as the comptroller, in his discretion, shall determine. Such\npension shall continue as a joint and survivor pension until every such\nchild shall have attained age eighteen or sooner die. If no widow or\nwidower or child under age eighteen shall survive such member, at the\ntime of his or her death, then to\n  3. His or her dependent father or dependent mother, as he or she shall\nhave nominated by written designation duly acknowledged and filed with\nthe comptroller. Such pension shall continue for the life of the parent\nso designated. If there be no such designation, then to\n  4. His or her dependent father or dependent mother, as the\ncomptroller, in his discretion, shall determine. Such pension shall\ncontinue for the life of the parent so selected.\n
N.Y. ENV Law § 9-0703 — New York Code / Act ENV / Article 9 / Title 7 / Section 9-0703
Forest regions
Status: in_force

§ 9-0703. Forest regions.\n  The commissioner shall establish not to exceed nine forest regions of\none or more counties each, which shall include all counties of the\nstate.\n
N.Y. EDN Law § 6210 — New York Code / Act EDN / Title 7 / Article 125 / Section 6210
Non-Instructional positions
Status: in_force

§ 6210. Non-Instructional positions.  1. All persons hereafter\nappointed to serve in non-instructional positions in the city university\nshall be appointed for the probationary period of one year during which\nthe service of a person appointed to any such position may be\ndiscontinued by the board of trustees at any time. All persons employed\nin the non-instructional service of the board of trustees who have\nserved the full probationary period shall hold their respective\npositions during good behavior and efficient and competent service, and\nshall not be removed except for cause after a hearing by the affirmative\nvote of a majority of the board of trustees.\n  The board of trustees shall provide, by appropriate by-laws, for the\npresentation of charges, the reference thereof to a committee of the\nboard of trustees or to others for hearings, the conduct of such\nhearings, and the report thereof on the basis of which the board of\ntrustees shall take such action as it deems necessary or advisable.\n  A person who had acquired tenure in a position with the board of\ntrustees and who is promoted therefrom to a higher position shall be\nfully restored to his lower position and tenure therein in the event his\nservice is discontinued by the board of trustees during his probationary\nperiod in such higher position; upon restoration to such original\nposition the time such person served in the higher position shall be\ncredited for all purposes as if such service had been rendered in the\noriginal position.\n  2. Vacancies in positions included in group II (college office\nassistant B and college secretarial assistant B) and group III\n(administrative assistant) of item number sixteen of section sixty-two\nhundred twenty, shall be filled, as far as practicable, by promotion\nfrom among persons holding positions in the lower grades listed in group\nI (college office assistant A and college secretarial assistant A) and\ngroup II of such item number sixteen of section sixty-two hundred\ntwenty, respectively. Promotions shall be made by the board of trustees\nfrom group I and from group II of the aforesaid item number sixteen so\nthat of the total regularly employed in such three groups, not more than\nforty per centum of the total in the three groups shall be employed in\ngroup I and not less than fifteen per centum of the said total shall be\nemployed in group III.\n  3. The board of trustees shall, by appropriate by-laws, determine from\ntime to time the qualification requirements for all positions.\n
N.Y. EDN Law § 6438-C — New York Code / Act EDN / Title 7 / Article 129-A / Section 6438-C
Student-athlete compensation
Status: in_force

§ 6438-c. Student-athlete compensation. 1. For the purposes of this\nsection:\n  (a) "student-athlete" shall mean (i) a student enrolled at a college\nand participating in intercollegiate athletics, or (ii) an individual\nwho has completed at least their sophomore year of high school or\ninternational equivalent and is eligible, or may in the future be\neligible, to attend a college and participate in intercollegiate\nathletics. Such term shall not include an individual permanently\nineligible to participate in a particular interscholastic or\nintercollegiate sport; and\n  (b) "team contract" shall mean any written agreement between a\nstudent-athlete and a college, or division, department, program or team\nthereof, which includes goals and objectives, standards, prohibitions,\nbroadcast, advertising or marketing rights or consents, rules or\nexpectations applicable to the student-athlete.\n  2. (a) A college shall not uphold any rule, requirement, standard, or\nother limitation that prevents a student-athlete from earning\ncompensation pursuant to this section as a result of the use of the\nstudent-athlete's name, image, or likeness.\n  (b) An athletic association, conference, or other group or\norganization with authority over intercollegiate athletics, including,\nbut not limited to, the National Collegiate Athletic Association (NCAA),\nshall not prevent a student-athlete from earning compensation pursuant\nto this section as a result of the use of the student-athlete's name,\nimage, or likeness.\n  (c) An athletic association, conference, or other group or\norganization with authority over intercollegiate athletics, including,\nbut not limited to, the NCAA, shall not prevent a college from: (i)\nparticipating in intercollegiate athletics as a result of allowing a\nstudent-athlete pursuant to this section from earning compensation as a\nresult of the use of the student-athlete's name, image, or likeness; or\n(ii) identifying, facilitating, enabling, or supporting opportunities\nfor a student-athlete to earn compensation for the student-athlete's\nname, image, or likeness.\n  (d) An athletic association, conference, or other group or\norganization with authority over intercollegiate athletics, including,\nbut not limited to the NCAA, shall not and shall not authorize its\nmember institutions to:\n  (i) prevent a college from participation in intercollegiate athletics\nbecause a student-athlete in attendance has previously earned or intends\nto earn compensation for the use of his or her name, image, or likeness;\n  (ii) entertain a complaint, open an investigation, or take any other\nadverse action against a college for engaging in any activity protected\nin this section or for involvement in a student-athlete's name, image,\nor likeness; or\n  (iii) penalize or prevent a college from participation in\nintercollegiate athletics because an individual or entity whose purpose\nincludes supporting or benefitting the college or its athletic programs\nor student-athletes violates the collegiate athletic association's rules\nor regulations with regard to a student-athlete's name, image, or\nlikeness.\n  3. A college, athletic association, conference, or other group or\norganization with authority over intercollegiate athletics shall not\nprovide a prospective student-athlete with compensation in relation to\nthe student-athlete's name, image, or likeness.\n  4. (a) A college, athletic association, conference, or other group or\norganization with authority over intercollegiate athletics shall not\nprevent a student-athlete from obtaining professional representation in\nrelation to name, image, or likeness contracts or legal matters,\nincluding, but not limited to, representation provided by athlete agents\nor legal representation provided by attorneys.\n  (b) Professional representation obtained by a student-athlete shall be\nfrom persons registered and/or licensed by the state. Professional\nrepresentation provided by athlete agents shall be by persons registered\npursuant to article thirty-nine-E of the general business law. Legal\nrepresentation of student-athletes shall be by attorneys licensed\npursuant to article fifteen of the judiciary law.\n  (c) Athlete agents representing student-athletes shall comply with the\nfederal Sports Agent Responsibility and Trust Act, established in\nchapter 104 of title 15 of the United States Code, in their\nrelationships with student-athletes.\n  5. A scholarship from the college in which a student-athlete is\nenrolled that provides the student-athlete with the cost of attendance\nat that college is not compensation for purposes of this section, and a\nscholarship shall not be revoked due to earning compensation as a result\nof the use of the student-athlete's name, image, or likeness, or due to\nobtaining legal or athletic agent representation in relation to name,\nimage, or likeness matters.\n  6. (a) A student-athlete shall not enter into a contract providing\ncompensation to the student-athlete for use of the student-athlete's\nname, image, or likeness if a provision of the contract causes a\nconflict pursuant to paragraph (d) of this subdivision.\n  (b) A student-athlete who enters into a contract providing\ncompensation to the student-athlete for use of the student-athlete's\nname, image, or likeness shall disclose the contract in advance of\nexecuting it to an official of the college, as designated by the\ncollege.\n  (c) A college asserting a conflict pursuant to paragraph (a) of this\nsubdivision shall disclose to the student-athlete or the\nstudent-athlete's legal representation the relevant contractual\nprovisions that are in conflict; provided, however, that a college shall\nnot be required to disclose any financial terms of such contract unless\notherwise required by applicable law.\n  (d) A college asserting a conflict pursuant to paragraph (a) of this\nsubdivision may assert a conflict based on, but not limited to, the\nfollowing grounds:\n  (i) the proposed contract would cause the student-athlete to violate\nthe team contract; or\n  (ii) the proposed contract would cause the student-athlete to violate\nthe college's student handbook or code of conduct; or\n  (iii) the proposed contract would conflict with an existing contract\nor sponsorship the college participates in; or\n  (iv) the proposed contract would reasonably be judged to cause\nfinancial loss or reputational damage to the college; or\n  (v) the proposed contract would require actions by the student-athlete\nduring team activities; or\n  (vi) the proposed contract would require actions by the\nstudent-athlete during scheduled classes; or\n  (vii) the proposed contract would use the college's name, brand,\ncopywritten materials, trademarks, service marks, symbols, nicknames,\ntrade dress, insignia, mascot, uniform styles, colors, imagery, campus\nlandmarks, or any other intellectual property or indicia; or\n  (viii) the proposed contract would require the student-athlete to\ndisplay a sponsor's product, logo, brand, or other indicia, or otherwise\nadvertise for a sponsor, during official team activities; or\n  (ix) the proposed contract would require the student-athlete to\ndisplay a sponsor's product, logo, brand or other indicia, or otherwise\nadvertise for a sponsor at any time, and such sponsor is a competitor\nof, or offers products or services within the same category as a sponsor\nof the college.\n  7. A team of a college's athletic program shall not prevent a\nstudent-athlete from using the student-athlete's name, image, or\nlikeness for a commercial purpose when the student-athlete is not\nengaged in official team activities, except where there is a conflict\npursuant to paragraph (d) of subdivision six of this section or any\nother prohibition in this section.\n  8. Each college athletic program that participates in Division 1 NCAA\nathletics shall offer a student-athlete assistance program or programs,\ndesigned to provide student-athletes participating in Division 1\nathletics with tools aimed to enhance their well-being and experiences\nin the classroom, off the field of play, and beyond their tenure as\nstudent-athletes. The student-athlete assistance program may include but\nnot be limited to:\n  (a) a dedicated financial distress fund that would support\nstudent-athletes in times of financial need. Disbursements from such\nfund are not compensation for the purposes of this section;\n  (b) access to ongoing mental health support services provided by\ncounselors specially trained to understand the unique issues and\npressures student-athletes confront;\n  (c) access to broad-based financial literacy training, with a specific\nemphasis on the issues and opportunities relevant to student-athletes,\nduring and beyond their tenure at the college;\n  (d) a degree completion assistance program that provides former\nstudent-athletes who disenrolled from the college in good academic\nstanding and who earned the NCAA Academic Progress Rate eligibility\npoint for Division I institutions, before completing their degree,\naccess to need-based financial aid and counseling assistance required to\nsupport undergraduate degree completion;\n  (e) access to training regarding sex-based discrimination and\nharassment that ensures student-athletes fully understand their rights\nand responsibilities under the law, including how to make a report of\ndiscrimination or harassment on their campus;\n  (f) access to leadership training that will set the conditions for\nstudent-athletes to become successful leaders, improve communication\nskills, make positive decisions, and manage conflict; and\n  (g) access to a career development program, positioned to assist\nstudent-athletes in transferring the valuable skills developed during\nintercollegiate athletic participation, to a successful post-college\ncareer.\n
N.Y. EDN Law § 6206 — New York Code / Act EDN / Title 7 / Article 125 / Section 6206
Powers and duties
Status: in_force

§ 6206. Powers and duties. 1. The board of trustees shall have the\nduties and powers of trustees of colleges as set forth in this chapter,\nunless otherwise specifically provided in this chapter.\n  2. On or before February first, nineteen hundred eighty or six months\nafter their assuming their functions, whichever occurs later, the board\nof trustees shall transmit to the governor, to the mayor, to the\ntemporary president of the senate and to the speaker of the assembly a\nstatus report concerning the functioning, the goals and the needs of the\ncity university. Included in the status report shall be such\nrecommendations as the board of trustees sees fit to make in regard to\nthe following topics.\n  a. Description of curricula and plans for maintenance of and\nadjustments to curricula;\n  b. Description of the conditions, appropriateness and adequacy of\nfacilities and plans to remedy deficiencies;\n  c. Description of policies with respect to student admissions; and\n  d. Desired and potential student enrollments, including the\njustification of the projections.\n  3. a. The board of trustees shall, once every four years, formulate a\nlong-range city university plan or general revision thereof and make\nrecommendations to the board of regents, for the organization,\ndevelopment and coordination of the city university. The plan and\nrecommendations shall include but not be limited to the following:\n  (1) Plans for new curricula,\n  (2) Plans for new facilities,\n  (3) Plans for change in policies with respect to student admissions,\n  (4) Potential student enrollments,\n  (5) Comments upon its relationship to other colleges and universities,\npublic and private, within the state, and\n  (6) For informational purposes only, projection standards and overall\nexpenditure projections of capital and operating costs.\n  The plan shall be in such form as to provide a basis for the\ndevelopment of the regents statewide plan for higher education as\ndefined in section two hundred thirty-seven of this chapter. Prior to\ntransmitting their long-range plan or general revisions thereof to the\nboard of regents, to the temporary president of the senate, and to the\nspeaker of the assembly, the board of trustees shall, after giving due\nnotice, conduct one or more hearings on such plan.\n  b. During the calendar year nineteen hundred eighty and each fourth\nyear thereafter the board of trustees shall transmit their proposed plan\nor general revisions thereof to the board of regents, on or before the\nfirst day of June in each such year. Such plan shall be reviewed by the\nboard of regents and shall be subject to approval by such board. As\napproved by the board of regents and incorporated into the regents plan\nor general revision thereof for the development of higher education in\nthe state and, upon approval thereafter by the governor, such plan shall\nguide and determine the development, organization and coordination of\nthe city university.\n  c. By the first day of June in nineteen hundred eighty-two and each\nfourth year thereafter, the board of trustees shall report in writing to\nthe board of regents, a copy of which report shall be furnished to the\ntemporary president of the senate, and the speaker of the assembly, the\nmayor and the president of the city council for information and comment,\non the progress made in carrying out its responsibilities under such\nplan and its general recommendations with respect to the city university\nor its component colleges or other institutions in the city of New York\nincluding recommendations as to modifications of such plan which the\nboard of trustees deems essential to meet the then current demands upon\npublic higher education in the city of New York. The board of trustees\nmay also at any other time propose modifications which it deems\nessential or desirable with respect to such plan. The board of trustees\nmay, after giving due notice, conduct one or more hearings on such\nmodifications and shall transmit its recommendations therefor to the\nboard of regents, to the temporary president of the senate, the speaker\nof the assembly, the mayor and the president of the city council for\ninformation and comment. Such modifications shall be subject to approval\nby the regents and thereafter by the governor in the same manner as such\nplan or general revisions thereof.\n  4. When a proposed plan or general revision thereof contains a\nproposal providing for the termination or merger of a senior college or\ncommunity college so that such college ceases to exist as a separate\neducational institution that provision of a proposed plan or general\nrevision shall also be subject to the approval of the legislature.\n  5. The board of trustees shall select and acquire or cause to be\nacquired all new sites hereafter to be designated for the purposes of\nthe city university and procure and pass upon all plans for buildings on\nnewly acquired sites, shall supervise their erection, shall organize\ntheir faculties, shall approve and administer their courses leading to\nacademic, professional and technical certificates, diplomas and degrees,\nshall appoint their officers of administration and instruction, shall\nprepare all their budgets and shall generally control and administer all\npublic education in the colleges and institutions of which the city\nuniversity is composed in such city, except the teacher training courses\nwhich are now conducted by the board of education of such city. The\nboard of trustees shall appoint the chancellor of the city university\nwho shall be the chief educational and administrative officer of the\ncity university and who shall serve at the pleasure of the board of\ntrustees.\n  6. The board of trustees shall control and keep up the buildings and\ngrounds occupied and used by institutions and units controlled by it;\nallow and regulate the use, gratuitously or otherwise, of such property\nfor other than college or university purposes and prescribe the fees, if\nany, that persons, associations or corporations allowed to use it may\ncharge; purchase materials, services, equipment and supplies. But the\nboard of trustees shall not sell, transfer or otherwise dispose of land\nand buildings purchased by city funds used for the community colleges of\nthe city university. It may, however, accept and administer for college\nor university purposes, gifts of land, bequests, trusts, devises, money\nand buildings from private sources and erect buildings on college or\nuniversity land out of money not furnished by the city or the state; and\ngifts of money, endowments, fees, interest and other income not derived\nfrom public taxation or the public credit shall be administered by it\nfor collegiate or university purposes in connection with the units under\nits control.\n  7. * (a) The board of trustees shall establish positions, departments,\ndivisions and faculties; appoint and in accordance with the provisions\nof law fix salaries of instructional and non-instructional employees\ntherein; establish and conduct courses and curricula; prescribe\nconditions of student admission, attendance and discharge; and shall\nhave the power to determine in its discretion whether tuition shall be\ncharged and to regulate tuition charges, and other instructional and\nnon-instructional fees and other fees and charges at the educational\nunits of the city university. The trustees shall review any proposed\ncommunity college tuition increase and the justification for such\nincrease. The justification provided by the community college for such\nincrease shall include a detailed analysis of ongoing operating costs,\ncapital, debt service expenditures, and all revenues. The trustees shall\nnot impose a differential tuition charge based upon need or income. All\nstudents enrolled in programs leading to like degrees at the senior\ncolleges shall be charged a uniform rate of tuition, except for\ndifferential tuition rates based on state residency. Notwithstanding any\nother provision of this paragraph, the trustees may authorize the\nsetting of a separate category of tuition rate, that shall be greater\nthan the tuition rate for resident students and less than the tuition\nrate for non-resident students, only for students enrolled in distance\nlearning courses who are not residents of the state; provided, however,\nthat:\n  (i) Commencing with the two thousand eleven--two thousand twelve\nacademic year and ending in the two thousand fifteen--two thousand\nsixteen academic year, the city university of New York board of trustees\nshall be empowered to increase the resident undergraduate rate of\ntuition by not more than three hundred dollars over the resident\nundergraduate rate of tuition adopted by the board of trustees in the\nprior academic year, provided however that commencing with the two\nthousand eleven--two thousand twelve academic year and ending with the\ntwo thousand sixteen--two thousand seventeen academic year if the annual\nresident undergraduate rate of tuition would exceed five thousand\ndollars, then a tuition credit for each eligible student, as determined\nand calculated by the New York state higher education services\ncorporation pursuant to section six hundred eighty-nine-a of this\nchapter, shall be applied toward the tuition charged for each semester,\nquarter or term of study. Tuition for each semester, quarter or term of\nstudy shall not be due for any student eligible to receive such tuition\ncredit until the tuition credit is calculated and applied against the\ntuition charged for the corresponding semester, quarter or term.\n  (ii) Commencing with the two thousand seventeen--two thousand eighteen\nacademic year and ending in the two thousand twenty--two thousand\ntwenty-one academic year the city university of New York board of\ntrustees shall be empowered to increase the resident undergraduate rate\nof tuition by not more than two hundred dollars over the resident\nundergraduate rate of tuition adopted by the board of trustees in the\nprior academic year, provided however that if the annual resident\nundergraduate rate of tuition would exceed five thousand dollars, then a\ntuition credit for each eligible student, as determined and calculated\nby the New York state higher education services corporation pursuant to\nsection six hundred eighty-nine-a of this title, shall be applied toward\nthe tuition charged for each semester, quarter or term of study. Tuition\nfor each semester, quarter or term of study shall not be due for any\nstudent eligible to receive such tuition credit until the tuition credit\nis calculated and applied against the tuition charged for the\ncorresponding semester, quarter or term. Provided, further that the\nrevenue resulting from an increase in the rate of tuition shall be\nallocated to each campus pursuant to a plan approved by the board of\ntrustees to support investments in new classroom faculty, instruction,\ninitiatives to improve student success and on-time completion and a\ntuition credit for each eligible student.\n  (iii) On or before November thirtieth, two thousand seventeen, the\ntrustees shall approve and submit to the chairs of the assembly ways and\nmeans committee and the senate finance committee and to the director of\nthe budget a master tuition plan setting forth the tuition rates that\nthe trustees propose for resident undergraduate students for the four\nyear period commencing with the two thousand seventeen--two thousand\neighteen academic year and ending in the two thousand twenty--two\nthousand twenty-one academic year, and shall submit any proposed\namendments to such plan by November thirtieth of each subsequent year\nthereafter through November thirtieth, two thousand twenty.\n  (iv) Beginning in state fiscal year two thousand twelve--two thousand\nthirteen and ending in state fiscal year two thousand fifteen--two\nthousand sixteen, the state shall appropriate and make available state\nsupport for operating expenses, including fringe benefits, for the city\nuniversity in an amount not less than the amount appropriated and made\navailable in the prior state fiscal year; provided, however, that if the\ngovernor declares a fiscal emergency, and communicates such emergency to\nthe temporary president of the senate and speaker of the assembly, state\nsupport for operating expenses of the state university and city\nuniversity may be reduced in a manner proportionate to one another, and\nthe aforementioned provisions shall not apply.\n  (v) Beginning in state fiscal year two thousand seventeen--two\nthousand eighteen and ending in state fiscal year two thousand\ntwenty--two thousand twenty-one, the state shall appropriate and make\navailable general fund operating support, including fringe benefits, for\nthe city university in an amount not less than the amount appropriated\nand made available in the prior state fiscal year; provided, however,\nthat if the governor declares a fiscal emergency, and communicates such\nemergency to the temporary president of the senate and speaker of the\nassembly, state support for operating expenses at the state university\nand city university may be reduced in a manner proportionate to one\nanother, and the aforementioned provisions shall not apply; provided\nfurther, the state shall appropriate and make available general fund\nsupport to fully fund the tuition credit pursuant to subdivision two of\nsection six hundred sixty-nine-h of this chapter.\n  (vi) Notwithstanding any law, rule, regulation or practice to the\ncontrary, commencing with the two thousand twenty-three--two thousand\ntwenty-four academic year and ending in the two thousand\ntwenty-eight--two thousand twenty-nine academic year, following the\nreview and approval of the chancellor of the city university or such\nchancellor's designee, the city university of New York board of trustees\nshall be empowered to annually impose differential tuition rates on\nnon-resident undergraduate and graduate rates of tuition for senior\ncolleges, provided that such rates are competitive with the rates of\ntuition charged by peer institutions and that the board of trustees\nannually provide the reason and methodology behind any rate increase to\nthe governor, the temporary president of the senate, and the speaker of\nthe assembly prior to the approval of such increases.\n  * NB Effective until July 1, 2027\n  * (a) (i) The board of trustees shall establish positions,\ndepartments, divisions and faculties; appoint and in accordance with the\nprovisions of law fix salaries of instructional and non-instructional\nemployees therein; establish and conduct courses and curricula;\nprescribe conditions of student admission, attendance and discharge; and\nshall have the power to determine in its discretion whether tuition\nshall be charged and to regulate tuition charges, and other\ninstructional and non-instructional fees and other fees and charges at\nthe educational units of the city university. The trustees shall review\nany proposed community college tuition increase and the justification\nfor such increase. The justification provided by the community college\nfor such increase shall include a detailed analysis of ongoing operating\ncosts, capital, debt service expenditures, and all revenues. The\ntrustees shall not impose a differential tuition charge based upon need\nor income. All students enrolled in programs leading to like degrees at\nthe senior colleges shall be charged a uniform rate of tuition, except\nfor differential tuition rates based on state residency. Notwithstanding\nany other provision of this paragraph, the trustees may authorize the\nsetting of a separate category of tuition rate, that shall be greater\nthan the tuition rate for resident students and less than the tuition\nrate for non-resident students, only for students enrolled in distance\nlearning courses who are not residents of the state. The trustees shall\nfurther provide that the payment of tuition and fees by any student who\nis not a resident of New York state, other than a non-immigrant\nnoncitizen within the meaning of paragraph (15) of subsection (a) of\nsection 1101 of title 8 of the United States Code, shall be paid at a\nrate or charge no greater than that imposed for students who are\nresidents of the state if such student:\n  (1) attended an approved New York high school for two or more years,\ngraduated from an approved New York high school and applied for\nattendance at an institution or educational unit of the city university\nwithin five years of receiving a New York state high school diploma; or\n  (2) attended an approved New York state program for general\nequivalency diploma exam preparation, received a general equivalency\ndiploma issued within New York state and applied for attendance at an\ninstitution or educational unit of the city university within five years\nof receiving a general equivalency diploma issued within New York state;\nor\n  (3) was enrolled in an institution or educational unit of the city\nuniversity in the fall semester or quarter of the two thousand one--two\nthousand two academic year and was authorized by such institution or\neducational unit to pay tuition at the rate or charge imposed for\nstudents who are residents of the state.\n  A student without lawful immigration status shall also be required to\nfile an affidavit with such institution or educational unit stating that\nthe student has filed an application to legalize his or her immigration\nstatus, or will file such an application as soon as he or she is\neligible to do so. The trustees shall not adopt changes in tuition\ncharges prior to the enactment of the annual budget. The board of\ntrustees may accept as partial reimbursement for the education of\nveterans of the armed forces of the United States who are otherwise\nqualified such sums as may be authorized by federal legislation to be\npaid for such education. The board of trustees may conduct on a fee\nbasis extension courses and courses for adult education appropriate to\nthe field of higher education. In all courses and courses of study it\nmay, in its discretion, require students to pay library, laboratory,\nlocker, breakage and other instructional and non-instructional fees and\nmeet the cost of books and consumable supplies. In addition to the\nforegoing fees and charges, the board of trustees may impose and collect\nfees and charges for student government and other student activities and\nreceive and expend them as agent or trustee.\n  (ii) Notwithstanding any law, rule, regulation or practice to the\ncontrary, commencing with the two thousand twenty-three--two thousand\ntwenty-four academic year and ending in the two thousand\ntwenty-eight--two thousand twenty-nine academic year, following the\nreview and approval of the chancellor of the city university or such\nchancellor's designee, the city university of New York board of trustees\nshall be empowered to annually impose differential tuition rates on\nnon-resident undergraduate and graduate rates of tuition for senior\ncolleges, provided that such rates are competitive with the rates of\ntuition charged by peer institutions and that the board of trustees\nannually provide the reason and methodology behind any rate increase to\nthe governor, the temporary president of the senate, and the speaker of\nthe assembly prior to the approval of such increases.\n  * NB Effective July 1, 2027\n  * (a-1) The trustees shall further provide that the payment of tuition\nand fees by any student who is not a resident of New York state, other\nthan a non-immigrant noncitizen within the meaning of paragraph (15) of\nsubsection (a) of section 1101 of title 8 of the United States Code,\nshall be paid at a rate or charge no greater than that imposed for\nstudents who are residents of the state if such student:\n  (i) attended an approved New York high school for two or more years,\ngraduated from an approved New York high school and applied for\nattendance at an institution or educational unit of the city university\nwithin five years of receiving a New York state high school diploma; or\n  (ii) attended an approved New York state program for general\nequivalency diploma exam preparation, received a general equivalency\ndiploma issued within New York state and applied for attendance at an\ninstitution or educational unit of the city university within five years\nof receiving a general equivalency diploma issued within New York state;\nor\n  (iii) was enrolled in an institution or educational unit of the city\nuniversity in the fall semester or quarter of the two thousand one--two\nthousand two academic year and was authorized by such institution or\neducational unit to pay tuition at the rate or charge imposed for\nstudents who are residents of the state.\n  A student without lawful immigration status shall also be required to\nfile an affidavit with such institution or educational unit stating that\nthe student has filed an application to legalize his or her immigration\nstatus, or will file such an application as soon as he or she is\neligible to do so. Except as otherwise authorized in paragraph (a) of\nthis subdivision, the trustees shall not adopt changes in tuition\ncharges prior to the enactment of the annual budget. The board of\ntrustees may accept as partial reimbursement for the education of\nveterans of the armed forces of the United States who are otherwise\nqualified such sums as may be authorized by federal legislation to be\npaid for such education. The board of trustees may conduct on a fee\nbasis extension courses and courses for adult education appropriate to\nthe field of higher education. In all courses and courses of study it\nmay, in its discretion, require students to pay library, laboratory,\nlocker, breakage and other instructional and non-instructional fees and\nmeet the cost of books and consumable supplies. In addition to the\nforegoing fees and charges, the board of trustees may impose and collect\nfees and charges for student government and other student activities and\nreceive and expend them as agent or trustee.\n  * NB Repealed July 1, 2027\n  (a-2) The trustees shall further provide that the payment of tuition\nand fees by any student who is not a resident of New York state shall be\npaid at a rate or charge no greater than that imposed for students who\nare residents of the state if such student is enrolled in any college or\neducational unit of the city university of New York and is attending\nsuch college or educational unit in accordance with the federal GI bills\nand in compliance with all applicable eligibility requirements thereof.\n  (a-3) The trustees shall further provide that the payment of tuition\nand fees by any student who is not a resident of New York state shall be\npaid at a rate or charge no greater than that imposed for students who\nare residents of the state if such student is enrolled in any college or\neducational unit of the city university of New York and is the spouse or\nthe dependent of a member of the armed forces of the United States on\nfull-time active duty and not stationed in this state immediately\nfollowing being stationed therein.\n  (b) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, the board of trustees may permit persons\nsixty years of age or over to audit courses given therein without\ntuition, examination, grading or credit therefor upon a space available\nbasis, as determined by the president of each such institution, provided\nthat such audit attendance does not deny course attendance at the city\nuniversity of New York by an individual who is otherwise qualified under\nthis section.\n  * (c) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, the board of trustees shall promulgate\nregulations to permit members of the New York city police department\nemployed in the rank of police officer, who are enrolled in programs\nleading to baccalaureate or higher degrees at a senior college of the\ncity university to attend one course without tuition, provided that such\ncourse is related to their employment as police officers and that such\ntuition-waived attendance does not deny course attendance at a senior\ncollege of the city university by an individual who is otherwise\nqualified under this section.\n  * NB Repealed July 1, 2028\n  * (d) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, the board of trustees shall promulgate\nregulations to permit firefighters and fire officers employed by the New\nYork city fire department, who are enrolled in programs leading to\nbaccalaureate or higher degrees at a senior college of the city\nuniversity to attend one course without tuition, provided that such\ncourse is related to their employment as firefighters and fire officers\nand that such tuition-waived attendance does not deny course attendance\nat a senior college of the city university by an individual who is\notherwise qualified under this section.\n  * NB Repealed July 1, 2028\n  * (e) The trustees shall further provide that any student who is not a\nlegal resident of New York state but is a United States citizen, a\npermanent lawful resident, an individual who is granted U or T\nnon-immigrant status pursuant to the Victims of Trafficking and Violence\nProtection Act of 2000, a person granted temporary protected status\npursuant to the Federal Immigration Act of 1990, an individual of a\nclass of refugees paroled by the attorney general of the United States\nunder his or her parole authority pertaining to the admission of\nnoncitizens to the United States, or an applicant without lawful\nimmigration status may have the payment of tuition and other fees and\ncharges reduced by state-aided programs, scholarships or other financial\nassistance awarded under the provisions of articles thirteen,\nthirteen-A, fourteen and fourteen-A of this chapter, provided that the\nstudent meets the requirements set forth in subparagraph (ii) of\nparagraph a or subparagraph (ii) of paragraph b of subdivision five of\nsection six hundred sixty-one of this chapter, as applicable.\n  * NB There are 2 par (e)'s\n  * (e) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, the board of trustees shall be authorized\nto set a reduced rate of tuition and/or fees, or to waive tuition and/or\nfees entirely, for students participating in any dual or concurrent\nenrollment program with no reduction in other state, local, or other\nsupport for such students earning college credit that such higher\neducation partner would otherwise be eligible to receive; provided that,\nfor purposes of this provision, a dual or concurrent enrollment program\nshall mean one or more college courses taken by a high school student\nthrough a community college or a senior college of the city university\nwhile such student is still enrolled in high school and for which the\nstudent may receive both high school and college credit.\n  * NB There are 2 par (e)'s\n  (f) In state fiscal year two thousand twenty-two--two thousand\ntwenty-three and thereafter, the state shall appropriate and make\navailable general fund operating support in the amount of the tuition\ncredit calculated pursuant to section six hundred eighty-nine-a of this\nchapter annually.\n  (g) (i) For purposes of this paragraph, "Team USA athlete" means any\nstudent athlete who meets the eligibility standards defined and approved\nby the United States Olympic and Paralympic Committee and by the\nnational governing body for the sport in which the athlete competes.\n  (ii) Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation and pursuant to an appropriation and\nfunding being made for such purpose, the trustees shall further provide\nthat the payment of tuition and fees by any student who is not a\nresident of New York state shall be paid at a rate or charge no greater\nthan that imposed for students who are residents of this state if such\nstudent is enrolled in an institution or educational unit of the city\nuniversity of New York, is a Team USA athlete, and is training in New\nYork State in an elite level program approved by the United States\nOlympic and Paralympic Committee.\n  8. The board of trustees shall, on the recommendation of its faculty\nor faculties, grant the certificates, diplomas and degrees which were\nannounced in the bulletins of the existing public institutions of higher\nlearning published for the term beginning immediately prior to April\nsixteenth, nineteen hundred twenty-six, and also such other degrees and\nhonors as the regents thereafter specifically authorized or may\nhereafter authorize it to grant.\n  9. When a center is first opened, the board of trustees shall submit\nan initial estimate of the sum needed for its support, maintenance and\noperation, based on an estimated original enrollment of students, for\nthe fiscal year or portion thereof immediately following. Such estimate\nshall be acted upon as hereinbefore prescribed for current annual\nbudgets; and in the event that an initial appropriation be for a part of\nthe fiscal year only, then in making calculation for the succeeding\nannual appropriation, the initial appropriation shall be taken as the\nappropriate fractional base.\n  10. Money appropriated by the city to the board of trustees for\ncollege or university purposes, shall be placed in the custody of the\ncomptroller of the city to the credit of such board of trustees and all\ndisbursements from such funds shall be made by the comptroller acting\nfor and in behalf of such board of trustees upon requisitions duly\naudited and signed by the board of trustees or by a person or persons\nappointed by such board of trustees, by resolution filed with the\ncomptroller, to act for it. The comptroller shall audit such account of\nthe board of trustees in the same manner as he audits the account of the\nboard of education of the city of New York. Any balance of any annual\nappropriation made by the city to the board of trustees, which may be\nunallocated for college or university purposes by the board of trustees\nninety days after the expiration of the calendar year for which the\nappropriation was made, shall revert to the city treasury and be\ncredited to such uses as the city may direct.\n  11. The board of trustees may, in its discretion, compensate members\nof the instructional staff and non-instructional staff for loss of\npersonal property. With respect to members of the instructional staff\nand other employees who are not covered by the workers' compensation\nlaw, the board of trustees may provide in its discretion for payment of\nreasonable medical and hospital expenses arising from injuries incurred\nin actual performance of duty on or after July first, nineteen hundred\nsixty-five.\n  12. The board of trustees, under such by-laws as it deems appropriate,\nshall provide for the eligibility for sabbatical leaves of absence to\nmembers of its permanent instructional staff provided, however, that\nwhen such leaves are for one half year, they shall be at full pay, and\nwhen such leaves are for one year, they shall be at half pay.\n  13. The board of trustees shall provide standards for the granting of\nadvanced standing to veterans applying for college admissions at schools\nin the city university who have successfully completed United States\nArmed Forces Institute or other comparable course work.\n  13-a. The board of trustees shall provide standards for admission of\nstudents who have completed an online high school program located within\nthe United States consistent with the provisions of subparagraph eleven\nof paragraph h of subdivision two of section three hundred fifty-five of\nthis chapter.\n  14. Notwithstanding the provisions of section forty-four, fifty or\nfifty-one of the state finance law or any other provision of law to the\ncontrary, the city university trustees are authorized and empowered to\nincrease or decrease appropriations by transfer or interchange as\nfollows:\n  a. Amounts appropriated for the programs or purposes or for any item\nor items within such programs or purposes of any individual senior\ncollege of the city university and city university central\nadministration within the schedules of such senior colleges or central\nadministration from a particular fund or funds in a fiscal year may be\ninterchanged between such programs or purposes of such senior college or\ncentral administration of city university, or between items within the\nsame program or purpose, or with other items appropriated from such fund\nnot in the same program or purpose, but which are contained in the state\ncomptroller's classification of items as last promulgated pursuant to a\ncertificate of allocation. Such certificate shall be submitted by such\nsenior college or central administration to the board of trustees of the\ncity university. Such certificate shall be submitted by the board of\ntrustees to the state comptroller with copies to be sent to the chairs\nof the senate finance committee and the assembly ways and means\ncommittee and the director of the budget for informational purposes\nonly. The total amount appropriated for any program or purpose may be\ndecreased by not more than the aggregate of five percent of such\nappropriation for a program or purpose with the approval of the senior\ncollege or central administration or such amounts may be decreased by\nmore than the aggregate of five percent of such appropriation with the\napproval of the city university trustees.\n  b. Amounts appropriated to senior colleges of the city university from\na particular fund or funds in a fiscal year for the programs or purposes\nof such senior colleges of the city university may be transferred\nbetween and among such senior colleges pursuant to a certificate of\nallocation, submitted directly by the city university to the state\ncomptroller, with copies of such certificates to be sent to the chairmen\nof the senate finance committee and the assembly ways and means\ncommittee and the director of the budget for informational purposes\nonly. The total amount appropriated for any senior college may not be\ndecreased by more than the aggregate of three percent of an\nappropriation for a senior college.\n  c. Amounts appropriated for programs or purposes, or for any item\nwithin such programs or purposes, within the university-wide program\nschedule of city university from a particular fund or funds in a fiscal\nyear shall not be decreased by means of transfer or interchange by more\nthan the aggregate of four percent of an appropriation for a program or\npurpose within such schedule.\n  d. Amounts appropriated for the central administration of the city\nuniversity within the central administration schedule from a particular\nfund or funds in a fiscal year for programs or purposes including, but\nnot limited to, administration of senior colleges and university-wide\nprograms of the city university shall not be increased by means of\ntransfer or interchange by more than five percent of the aggregate\nappropriation within such schedule.\n  e. Notwithstanding the foregoing provisions of this subdivision,\nwhenever the director of the budget, pursuant to section forty-nine of\nthe state finance law, shall establish an aggregate amount less than\nthat contained in the local assistance appropriations act, the trustees\nmay transfer or interchange any or all of such lesser amount among any\nof the programs or purposes or items without regard to the restrictions\nprovided in this subdivision.\n  f. The allocation of lump sum appropriations from a fund or funds made\nto the city university for later distribution to senior colleges and/or\nthe central administration of the city university or the allocation of\nlump sum appropriations made to all state departments and agencies for\nlater allocation for specific programs or purposes or senior colleges\nand/or central administration of the city university shall not be deemed\nto be part of any total increase or decrease authorized by this section.\n  15. a. The board of trustees shall adopt rules requiring that each\ninstitution of the city university, on or before January first, two\nthousand, adopt and implement a plan providing for the investigation of\nany violent felony offense occurring at or on the grounds of each such\ninstitution, and providing for the investigation of a report of any\nmissing student. Such plans shall provide for the coordination of the\ninvestigation of such crimes and reports with local law enforcement\nagencies. Such plans shall include, but not be limited to, written\nagreements with appropriate local law enforcement agencies providing for\nthe prompt investigation of such crimes and reports and requirement that\nthe institution shall notify the appropriate law enforcement agency as\nsoon as practicable but in no case more than twenty-four hours after a\nreport of a violent felony or that a student who resides in housing\nowned or operated by such institution is missing; provided that each\ninstitution shall: (1) inform each victim of a sexual offense of their\noptions to notify proper law enforcement authorities, including\non-campus and local police; (2) inform the victim of a sexual offense of\nthe right to report or not to report such offense to local law\nenforcement agencies; and (3) offer the option to be assisted by campus\nauthorities in notifying such authorities, if the victim of sexual\nassault so chooses, all in compliance with applicable federal law,\nincluding, but not limited to, the federal Campus Sexual Assault\nVictims' Bill of Rights under Title 20 U.S. Code Section 1092(f).\n  b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n  (i) "Local law enforcement agencies" means any agency or agencies\nemploying peace officers or police officers for the enforcement of the\nlaws of the state, and which has or have jurisdiction under provisions\nof the criminal procedure law over offenses occurring at or on the\ngrounds of any institution subject to the provisions of this\nsubdivision.\n  (ii) "Missing student" means any student of an institution subject to\nthe provisions of this subdivision, who resides in a facility owned or\noperated by such institution and who is reported to such institution as\nmissing from his or her residence.\n  (iii) "Violent felony offense" means a violent felony offense as\ndefined in subdivision one of section 70.02 of the penal law.\n  16. The board of trustees shall appoint for the city university campus\nofficers who shall have the powers of peace officers as set forth in the\ncriminal procedure law within the geographical area of the city of New\nYork. A campus officer designated as a peace officer must have\nsatisfactorily completed or complete, within one year of the date of\nsuch designation, a course of law enforcement training prescribed by the\nmunicipal police training council in consultation with the city\nuniversity board of trustees.\n  18. Notwithstanding any law, rule or regulation to the contrary, the\ncity university of New York board of trustees shall pass a resolution by\nJune first, two thousand fifteen, to develop a plan to make available to\nstudents enrolled in an academic program of the city university of New\nYork beginning in the two thousand sixteen--two thousand seventeen\nacademic year, approved experiential or applied learning activities.\nSuch experiential or applied learning activities may include completion\nof activities related to students' program of study, including, but not\nlimited to, service-learning activities completed as part of a course,\npaid or unpaid internships, faculty-supervised undergraduate projects\nand activities leading to publication of research in journals or similar\npublications, production or performance of creative works, and iterative\n"co-op" partnerships that explicitly link the curricula to a temporary,\npaid position in industry or the public sector. Such plan, to be\ncompleted by June first, two thousand sixteen, shall be developed in\nconsultation with university faculty senate, the university student\nsenate and other stakeholders. Such plan shall define approved\nexperiential or applied learning activities, methods of faculty\noversight and assessment, responsibilities of business, corporate,\nnon-profit or other entities hosting students, and include a requirement\nfor collecting and reporting data associated with such experiential or\napplied learning activities. Such plan shall have each college examine\nthe feasibility of including such experiential or applied learning\nactivities as a degree requirement. Such college shall examine its\nability to administer and provide such opportunities to students; the\nlocal community's capacity to support such experiential or applied\nlearning activities; the impact such requirement would have on the local\nworkforce, if any; potential for such a requirement to enhance learning\noutcomes for students; and whether adding such a requirement would cause\npotential delays in graduation for students.\n  19. The city university trustees shall annually report on how the\nrevenue generated has been invested in faculty, instruction, initiatives\nto improve student success and on-time completion and student financial\nassistance for the duration of the four year tuition plan. The trustees\nshall submit the report by September first of each subsequent year.\n  20. The board of trustees shall adopt rules requiring that each\ninstitution of the city university of New York adopt written policies\nrequiring that all public single-occupancy bathroom facilities be\ndesignated as gender neutral for use by no more than one occupant at a\ntime or for family or assisted use. Such gender neutral bathroom\nfacilities shall be clearly designated by the posting of such on or near\nthe entry door of each facility. For purposes of this section,\n"single-occupancy bathroom" shall have the same meaning as paragraph (d)\nof subdivision one of section one hundred forty-five of the public\nbuildings law.\n  21. The board of trustees shall adopt a policy requiring that each\ninstitution of the city university of New York collaborate with\nstudents, faculty and staff to encourage campuses to eliminate the use\nof certain plastic items generally recognized by the public as being\ndesigned for single use. Such plastic items may include, but shall not\nbe limited to, tableware, straws, stirrers, cups and food service\ncontainers. In establishing such a policy, the trustees shall consider\nthe following:\n  a. the availability of affordable alternatives;\n  b. the accessibility of alternatives to all students, faculty, and\nstaff;\n  c. an evaluation of the effectiveness of reusable alternatives; and\n  d. benchmarks for assessing progress.\n  22. Notwithstanding any law, rule or regulation to the contrary, the\nboard of trustees shall establish a policy authorizing senior colleges\nand community colleges within the city university of New York to grant\nposthumous degrees to enrolled matriculated students whose death occurs\nprior to graduation. Such policy shall provide that, upon terms set in\nthe policy, any remaining credit requirements shall be waived for any\nstudent who dies and who otherwise would have been eligible for\ngraduation had they been able to complete their academic career.\n  23. Notwithstanding any law, rule or regulation to the contrary, the\ncity university of New York board of trustees shall, by June first, two\nthousand twenty-five, develop a plan to make available to students\nenrolled in an academic program of the city university of New York\nbeginning in the two thousand twenty-five--two thousand twenty-six\nacademic year, approved experiential or applied learning activities, as\ndefined in subdivision eighteen of this section. Such plan shall be\ndeveloped in consultation with university faculty senate, the university\nstudent senate and other stakeholders. Such plan shall define approved\nexperiential or applied learning activities, methods of faculty\noversight and assessment, responsibilities of business, corporate,\nnon-profit or other entities hosting students, and include a requirement\nfor collecting and reporting data associated with such experiential or\napplied learning activities. Such plan shall have each college examine\nthe feasibility of including such experiential or applied learning\nactivities as a degree requirement. Such college shall examine its\nability to administer and provide such opportunities to students; the\nlocal community's capacity to support such experiential or applied\nlearning activities; the impact such requirement would have on the local\nworkforce, if any; potential for such a requirement to enhance learning\noutcomes for students; and whether adding such a requirement would cause\npotential delays in graduation for students.\n  * 24. (a) The use of artificial intelligence systems, as defined by\nsection one hundred three-e of the state technology law, shall not\naffect (i) the existing rights of employees pursuant to a collective\nbargaining agreement; or (ii) the existing representational\nrelationships among employee organizations or the bargaining\nrelationships between the employer and an employee organization.\n  (b) The use of such artificial intelligence systems shall not result\nin the: (i) discharge, displacement or loss of position, including\npartial displacement such as a reduction in the hours of non-overtime\nwork, wages, or employment benefits, or result in the impairment of\nexisting collective bargaining agreements; or\n  (ii) transfer of duties and functions currently performed by employees\nof the city university of New York to an artificial intelligence system.\n  (c) The use of an artificial intelligence system shall not alter the\nrights or benefits, and privileges, including but not limited to terms\nand conditions of employment, civil service status, and collective\nbargaining unit membership status of all existing employees of the city\nuniversity of New York shall be preserved and protected.\n  * NB Repealed July 1, 2028\n
N.Y. PBA Law § 1555 — New York Code / Act PBA / Article 7 / Title 7 / Section 1555
Agreements of the village
Status: in_force

* § 1555. Agreements of the village. 1. The village of Tuckahoe is\nauthorized to pledge to and agree with the holders of the bonds that the\nvillage will not limit or alter the rights hereby vested in the\nauthority to acquire, construct, maintain, reconstruct and operate the\nproject or projects, to establish and collect rentals, fees and other\ncharges and to fulfill the terms of any agreements made with the holders\nof the bonds, or in any way impair the rights and remedies of the\nbondholders, until the bonds, together with interest thereon, with\ninterest on any unpaid installments of interest and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nthe bondholders, are fully met and discharged.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and the village of Tuckahoe to covenant and agree with\nthe holders of the bonds, with such exceptions and limitations as it may\ndeem in the public interest, that no public parking areas except those\nacquired and operated by the authority will be constructed or operated\nin the village by the village, or by any public benefit or other\ncorporation the members or some of which are elected or are appointed by\nvillage officials, until either\n  (a) the bonds, together with interest thereon, interest on any unpaid\ninstallments of interest and all costs and expenses in connection with\nany action or proceeding by or on behalf of the bondholders are fully\nmet and discharged or\n  (b) principal or interest of any of the bonds shall be overdue and\nunpaid for a period of three years or more.\n  * NB Dissolved December 1977\n  * NB There are 2 § 1555's\n
N.Y. VAT Law § 1192 — New York Code / Act VAT / Title 7 / Article 31 / Section 1192
Operating a motor vehicle while under the influence of alcohol or drugs
Status: in_force

§ 1192. Operating a motor vehicle while under the influence of alcohol\nor drugs. 1. Driving while ability impaired. No person shall operate a\nmotor vehicle while the person's ability to operate such motor vehicle\nis impaired by the consumption of alcohol.\n  2. Driving while intoxicated; per se. No person shall operate a motor\nvehicle while such person has .08 of one per centum or more by weight of\nalcohol in the person's blood as shown by chemical analysis of such\nperson's blood, breath, urine or saliva, made pursuant to the provisions\nof section eleven hundred ninety-four of this article.\n  2-a. Aggravated driving while intoxicated. (a) Per se. No person shall\noperate a motor vehicle while such person has .18 of one per centum or\nmore by weight of alcohol in such person's blood as shown by chemical\nanalysis of such person's blood, breath, urine or saliva made pursuant\nto the provisions of section eleven hundred ninety-four of this article.\n  (b) With a child. No person shall operate a motor vehicle in violation\nof subdivision two, three, four or four-a of this section while a child\nwho is fifteen years of age or less is a passenger in such motor\nvehicle.\n  3. Driving while intoxicated. No person shall operate a motor vehicle\nwhile in an intoxicated condition.\n  4. Driving while ability impaired by drugs. No person shall operate a\nmotor vehicle while the person's ability to operate such a motor vehicle\nis impaired by the use of a drug as defined in this chapter.\n  4-a. Driving while ability impaired by the combined influence of drugs\nor of alcohol and any drug or drugs. No person shall operate a motor\nvehicle while the person's ability to operate such motor vehicle is\nimpaired by the combined influence of drugs or of alcohol and any drug\nor drugs.\n  5. Commercial motor vehicles: per se - level I. Notwithstanding the\nprovisions of section eleven hundred ninety-five of this article, no\nperson shall operate a commercial motor vehicle while such person has\n..04 of one per centum or more but not more than .06 of one per centum by\nweight of alcohol in the person's blood as shown by chemical analysis of\nsuch person's blood, breath, urine or saliva, made pursuant to the\nprovisions of section eleven hundred ninety-four of this article;\nprovided, however, nothing contained in this subdivision shall prohibit\nthe imposition of a charge of a violation of subdivision one of this\nsection, or of section eleven hundred ninety-two-a of this article where\na person under the age of twenty-one operates a commercial motor vehicle\nwhere a chemical analysis of such person's blood, breath, urine, or\nsaliva, made pursuant to the provisions of section eleven hundred\nninety-four of this article, indicates that such operator has .02 of one\nper centum or more but less than .04 of one per centum by weight of\nalcohol in such operator's blood.\n  6. Commercial motor vehicles; per se - level II. Notwithstanding the\nprovisions of section eleven hundred ninety-five of this article, no\nperson shall operate a commercial motor vehicle while such person has\nmore than .06 of one per centum but less than .08 of one per centum by\nweight of alcohol in the person's blood as shown by chemical analysis of\nsuch person's blood, breath, urine or saliva, made pursuant to the\nprovisions of section eleven hundred ninety-four of this article;\nprovided, however, nothing contained in this subdivision shall prohibit\nthe imposition of a charge of a violation of subdivision one of this\nsection.\n  7. Where applicable. The provisions of this section shall apply upon\npublic highways, private roads open to motor vehicle traffic and any\nother parking lot. For the purposes of this section "parking lot" shall\nmean any area or areas of private property, including a driveway, near\nor contiguous to and provided in connection with premises and used as a\nmeans of access to and egress from a public highway to such premises and\nhaving a capacity for the parking of four or more motor vehicles. The\nprovisions of this section shall not apply to any area or areas of\nprivate property comprising all or part of property on which is situated\na one or two family residence.\n  8. Effect of prior out-of-state conviction. A prior out-of-state\nconviction for operating a motor vehicle while under the influence of\nalcohol or drugs shall be deemed to be a prior conviction of a violation\nof this section for purposes of determining penalties imposed under this\nsection or for purposes of any administrative action required to be\ntaken pursuant to subdivision two of section eleven hundred ninety-three\nof this article; provided, however, that such conduct, had it occurred\nin this state, would have constituted a misdemeanor or felony violation\nof any of the provisions of this section. Provided, however, that if\nsuch conduct, had it occurred in this state, would have constituted a\nviolation of any provisions of this section which are not misdemeanor or\nfelony offenses, then such conduct shall be deemed to be a prior\nconviction of a violation of subdivision one of this section for\npurposes of determining penalties imposed under this section or for\npurposes of any administrative action required to be taken pursuant to\nsubdivision two of section eleven hundred ninety-three of this article.\n  8-a. Effect of prior finding of having consumed alcohol. A prior\nfinding that a person under the age of twenty-one has operated a motor\nvehicle after having consumed alcohol pursuant to section eleven hundred\nninety-four-a of this article shall have the same effect as a prior\nconviction of a violation of subdivision one of this section solely for\nthe purpose of determining the length of any license suspension or\nrevocation required to be imposed under any provision of this article,\nprovided that the subsequent offense is committed prior to the\nexpiration of the retention period for such prior offense or offenses\nset forth in paragraph (k) of subdivision one of section two hundred one\nof this chapter.\n  9. Conviction of a different charge. A driver may be convicted of a\nviolation of subdivision one, two or three of this section,\nnotwithstanding that the charge laid before the court alleged a\nviolation of subdivision two or three of this section, and regardless of\nwhether or not such conviction is based on a plea of guilty.\n  10. Plea bargain limitations.  (a) (i) In any case wherein the charge\nlaid before the court alleges a violation of subdivision two, three,\nfour or four-a of this section, any plea of guilty thereafter entered in\nsatisfaction of such charge must include at least a plea of guilty to\nthe violation of the provisions of one of the subdivisions of this\nsection, other than subdivision five or six, and no other disposition by\nplea of guilty to any other charge in satisfaction of such charge shall\nbe authorized; provided, however, if the district attorney, upon\nreviewing the available evidence, determines that the charge of a\nviolation of this section is not warranted, such district attorney may\nconsent, and the court may allow a disposition by plea of guilty to\nanother charge in satisfaction of such charge; provided, however, in all\nsuch cases, the court shall set forth upon the record the basis for such\ndisposition.\n  (ii) In any case wherein the charge laid before the court alleges a\nviolation of subdivision two, three, four or four-a of this section, no\nplea of guilty to subdivision one of this section shall be accepted by\nthe court unless such plea includes as a condition thereof the\nrequirement that the defendant attend and complete the alcohol and drug\nrehabilitation program established pursuant to section eleven hundred\nninety-six of this article, including any assessment and treatment\nrequired thereby; provided, however, that such requirement may be waived\nby the court upon application of the district attorney or the defendant\ndemonstrating that the defendant, as a condition of the plea, has been\nrequired to enter into and complete an alcohol or drug treatment program\nprescribed pursuant to an alcohol or substance abuse screening or\nassessment conducted pursuant to section eleven hundred ninety-eight-a\nof this article or for other good cause shown. The provisions of this\nsubparagraph shall apply, notwithstanding any bars to participation in\nthe alcohol and drug rehabilitation program set forth in section eleven\nhundred ninety-six of this article; provided, however, that nothing in\nthis paragraph shall authorize the issuance of a conditional license\nunless otherwise authorized by law.\n  (iii) In any case wherein the charge laid before the court alleges a\nviolation of subdivision one of this section and the operator was under\nthe age of twenty-one at the time of such violation, any plea of guilty\nthereafter entered in satisfaction of such charge must include at least\na plea of guilty to the violation of such subdivision; provided,\nhowever, such charge may instead be satisfied as provided in paragraph\n(c) of this subdivision, and, provided further that, if the district\nattorney, upon reviewing the available evidence, determines that the\ncharge of a violation of subdivision one of this section is not\nwarranted, such district attorney may consent, and the court may allow a\ndisposition by plea of guilty to another charge in satisfaction of such\ncharge; provided, however, in all such cases, the court shall set forth\nupon the record the basis for such disposition.\n  (b) In any case wherein the charge laid before the court alleges a\nviolation of subdivision one or six of this section while operating a\ncommercial motor vehicle, any plea of guilty thereafter entered in\nsatisfaction of such charge must include at least a plea of guilty to\nthe violation of the provisions of one of the subdivisions of this\nsection and no other disposition by plea of guilty to any other charge\nin satisfaction of such charge shall be authorized; provided, however,\nif the district attorney upon reviewing the available evidence\ndetermines that the charge of a violation of this section is not\nwarranted, he may consent, and the court may allow, a disposition by\nplea of guilty to another charge is satisfaction of such charge.\n  (c) Except as provided in paragraph (b) of this subdivision, in any\ncase wherein the charge laid before the court alleges a violation of\nsubdivision one of this section by a person who was under the age of\ntwenty-one at the time of commission of the offense, the court, with the\nconsent of both parties, may allow the satisfaction of such charge by\nthe defendant's agreement to be subject to action by the commissioner\npursuant to section eleven hundred ninety-four-a of this article. In any\nsuch case, the defendant shall waive the right to a hearing under\nsection eleven hundred ninety-four-a of this article and such waiver\nshall have the same force and effect as a finding of a violation of\nsection eleven hundred ninety-two-a of this article entered after a\nhearing conducted pursuant to such section eleven hundred ninety-four-a.\nThe defendant shall execute such waiver in open court, and, if\nrepresented by counsel, in the presence of his attorney, on a form to be\nprovided by the commissioner, which shall be forwarded by the court to\nthe commissioner within ninety-six hours. To be valid, such form shall,\nat a minimum, contain clear and conspicuous language advising the\ndefendant that a duly executed waiver: (i) has the same force and effect\nas a guilty finding following a hearing pursuant to section eleven\nhundred ninety-four-a of this article; (ii) shall subject the defendant\nto the imposition of sanctions pursuant to such section eleven hundred\nninety-four-a; and (iii) may subject the defendant to increased\nsanctions upon a subsequent violation of this section or section eleven\nhundred ninety-two-a of this article. Upon receipt of a duly executed\nwaiver pursuant to this paragraph, the commissioner shall take such\nadministrative action and impose such sanctions as may be required by\nsection eleven hundred ninety-four-a of this article.\n  (d) In any case wherein the charge laid before the court alleges a\nviolation of subdivision two-a of this section, any plea of guilty\nthereafter entered in satisfaction of such charge must include at least\na plea of guilty to the violation of the provisions of subdivision two,\ntwo-a or three of this section, and no other disposition by plea of\nguilty to any other charge in satisfaction of such charge shall be\nauthorized; provided, however, if the district attorney, upon reviewing\nthe available evidence, determines that the charge of a violation of\nthis section is not warranted, such district attorney may consent and\nthe court may allow a disposition by plea of guilty to another charge in\nsatisfaction of such charge, provided, however, in all such cases, the\ncourt shall set forth upon the record the basis for such disposition.\nProvided, further, however, that no such plea shall be accepted by the\ncourt unless such plea includes as a condition thereof the requirement\nthat the defendant attend and complete the alcohol and drug\nrehabilitation program established pursuant to section eleven hundred\nninety-six of this article, including any assessment and treatment\nrequired thereby; provided, however, that such requirement may be waived\nby the court upon application of the district attorney or the defendant\ndemonstrating that the defendant, as a condition of the plea, has been\nrequired to enter into and complete an alcohol or drug treatment program\nprescribed pursuant to an alcohol or substance abuse screening or\nassessment conducted pursuant to section eleven hundred ninety-eight-a\nof this article or for other good cause shown. The provisions of this\nparagraph shall apply, notwithstanding any bars to participation in the\nalcohol and drug rehabilitation program set forth in section eleven\nhundred ninety-six of this article; provided, however, that nothing in\nthis paragraph shall authorize the issuance of a conditional license\nunless otherwise authorized by law.\n  11. No person other than an operator of a commercial motor vehicle may\nbe charged with or convicted of a violation of subdivision five or six\nof this section.\n  12. Driving while intoxicated or while ability impaired by\ndrugs--serious physical injury or death or child in the vehicle. (a) In\nevery case where a person is charged with a violation of subdivision\ntwo, two-a, three, four or four-a of this section, the law enforcement\nofficer alleging such charge shall make a clear notation in the\n"Description of Violation" section of a simplified traffic information\n(i) if, arising out of the same incident, someone other than the person\ncharged was killed or suffered serious physical injury as defined in\nsection 10.00 of the penal law; such notation shall be in the form of a\n"D" if someone other than the person charged was killed and such\nnotation shall be in the form of a "S.P.I." if someone other than the\nperson charged suffered serious physical injury; and (ii) if a child\naged fifteen years or less was present in the vehicle of the person\ncharged with a violation of subdivision two, two-a, three, four or\nfour-a of this section; such notation shall be in the form of "C.I.V.".\nProvided, however, that the failure to make such notations shall in no\nway affect a charge for a violation of subdivision two, two-a, three,\nfour or four-a of this section.\n  (b) Where a law enforcement officer alleges a violation of paragraph\n(b) of subdivision two-a of this section and the operator of the vehicle\nis a parent, guardian, or custodian of, or other person legally\nresponsible for, a child aged fifteen years or less who is a passenger\nin such vehicle, then the officer shall report or cause a report to be\nmade, if applicable, in accordance with title six of article six of the\nsocial services law.\n
N.Y. VAT Law § 1216 — New York Code / Act VAT / Title 7 / Article 33 / Section 1216
Coasting prohibited
Status: in_force

§ 1216. Coasting prohibited. The driver of any motor vehicle when\ntraveling upon a down grade shall not coast with the gears of such\nvehicle in neutral, nor with the clutch disengaged.\n
N.Y. BNK Law § 7017 — New York Code / Act BNK / Article 15 / Title 7 / Section 7017
Actions against directors and officers for misconduct
Status: in_force

§ 7017. Actions against directors and officers for misconduct. 1. An\naction may be brought against one or more directors or officers of a\ncorporation to procure a judgment for the following relief:\n  (a) To compel the defendant to account for his official conduct in the\nfollowing cases:\n  (1) The neglect of, or failure to perform, or other violation of his\nduties in the management and disposition of corporate assets committed\nto his charge.\n  (2) The acquisition by himself, transfer to others, loss or waste of\ncorporate assets due to any neglect of, or failure to perform, or other\nviolation of his duties.\n  (b) To set aside an illegal conveyance, assignment or transfer of\ncorporate assets, where the transferee knew of its illegality.\n  (c) To enjoin a proposed illegal conveyance, assignment or transfer of\ncorporate assets, where there is sufficient evidence that it will be\nmade.\n  2. Subject to section six hundred thirty-one of this chapter, an\naction may be brought for the relief provided in this section and in\nsubdivision one of section seven thousand sixteen by a corporation, or a\nreceiver, trustee in bankruptcy, officer, director or judgment creditor\nthereof, or, under section six thousand twenty-five, by a stockholder or\nthe owner of a beneficial interest in shares thereof.\n  3. This section shall not affect any liability otherwise imposed by\nlaw upon any director or officer.\n
N.Y. VAT Law § 1224 — New York Code / Act VAT / Title 7 / Article 33 / Section 1224
Abandoned vehicles
Status: in_force

§ 1224. Abandoned vehicles. 1. A motor vehicle shall be deemed to be\nan abandoned vehicle if left unattended\n  (a) with no number plates affixed thereto, for more than six hours on\nany highway or other public place;\n  (b) for more than twenty-four hours on any highway or other public\nplace, except a portion of a highway or public place on which parking is\nlegally permitted;\n  (c) for more than forty-eight hours, after the parking of such vehicle\nshall have become illegal, if left on a portion of a highway or public\nplace on which parking is legally permitted;\n  (d) for more than ninety-six hours on property of another if left\nwithout permission of the owner.\n  2. If an abandoned vehicle, at the time of abandonment, has no number\nplates affixed and is of a wholesale value, taking into consideration\nthe condition of the vehicle, of two thousand two hundred fifty dollars\nor less, ownership shall immediately vest in the local authority having\njurisdiction thereof and title to the vehicle shall vest in accordance\nwith applicable law and regulations of the commissioner, provided\nhowever that a local authority shall not be required to obtain title to\nan abandoned vehicle that is subject to the provisions of this\nsubdivision if the vehicle will be sold or otherwise disposed of as junk\nor salvage, dismantled for use other than as a motor vehicle, or\notherwise destroyed.\n  3. (a) Except for vehicles governed by subdivision two, a local\nauthority having custody of an abandoned vehicle shall make an inquiry\nconcerning the last owner of such vehicle as follows:\n  (i) abandoned vehicle with number plates affixed--to the jurisdiction\nwhich issued such number plates;\n  (ii) abandoned vehicle with no number plates affixed--the department\nof motor vehicles.\n  (b) Such local authority shall notify the last owner, if known, that\nthe vehicle in question has been recovered as an abandoned vehicle and\nthat, if unclaimed, it will be sold at public auction or by bid after\nten days from the date such notice was given. If the agency described in\nparagraph (a) also notifies such local authority that a lien or mortgage\nexists such notice shall also be sent to the lienholder or mortgagee.\nThe commissioner shall prescribe the methods of giving notice. Any\nperson claiming such vehicle shall be required to pay the costs of\nremoval and storage of such vehicle.\n  (c) Ownership of such abandoned vehicles, if unclaimed, shall vest in\nsuch local authority ten days from the date such notice is given; or if\nthe last owner cannot be ascertained, when notice of such fact is\nreceived.\n  4. For the purposes of this section, a local authority entitled to\ncustody of an abandoned vehicle shall be the town in which the vehicle\nwas abandoned, or if abandoned in a city or village, the city or village\nin which the vehicle was abandoned, except that if a vehicle is\nabandoned on property of the New York state thruway authority or\nproperty under the jurisdiction of the office of parks, recreation and\nhistoric preservation, the department of transportation, or a public\nauthority or commission, such authority, office, department or\ncommission shall be entitled to the custody of such vehicle.\nNotwithstanding any provision of this section to the contrary, the\noffice of general services shall be entitled to the custody of any\nvehicle abandoned on state property subsequent to its sale by such\noffice. The commissioner may, by regulation, provide that a county may\nact as the agent for a local authority for the purpose of removing and\ndisposing of abandoned vehicles.\n  5. (a) Such local authority shall determine if an abandoned vehicle is\nsuitable for operation on the public highways. If so, the vehicle shall\nbe sold at public auction to the highest bidder or converted pursuant to\nsubdivision six of this section.\n  (b) If such local authority determines that an abandoned vehicle is\nnot suitable for operation on the public highways, it shall sell the\nvehicle to a vehicle dismantler or scrap processor registered or\ncertified pursuant to section four hundred fifteen-a of this chapter or\nto a vehicle dismantler or scrap processor who does not have a place of\nbusiness in this state but who conforms to the laws and regulations of\nthe state in which he has a place of business.\n  (c) An abandoned vehicle without a vehicle identification number plate\nmust be sold only to a vehicle dismantler or a scrap processor\nregistered or certified pursuant to section four hundred fifteen-a of\nthis chapter or to a vehicle dismantler or scrap processor who does not\nhave a place of business in this state but who conforms to the laws and\nregulations of the state in which he has a place of business. Nothing\ncontained herein shall be construed as preventing a local authority from\napplying for a replacement vehicle identification number plate.\n  6. (a) A local authority, if authorized by local law, may convert to\nits own use those abandoned vehicles not affected by subdivision two of\nthis section or may, by sale or gift, transfer title to any of such\nvehicles to any other municipal corporation for use by its law\nenforcement agency, provided however, the total number of vehicles\nconverted and/or transferred in any calendar year may not exceed one\npercent of the local authority's unclaimed abandoned vehicles not\naffected by subdivision two of this section or two such vehicles,\nwhichever is greater.\n  (b) Any proceeds from the sale of an abandoned vehicle less any\nexpenses incurred by such local authority shall be held by the local\nauthority without interest, for the benefit of the owner of such vehicle\nfor a period of one year. If not claimed within such one year period,\nsuch proceeds shall be paid into the general fund of such local\nauthority.\n  7. (a) No person shall cause any vehicle to be an abandoned vehicle.\nThere shall be a rebuttable presumption that the owner of an abandoned\nvehicle caused such vehicle to be abandoned. A violation of this\nsubdivision shall be punishable by a fine of not less than two hundred\nfifty dollars nor more than one thousand dollars. In a city having a\npopulation of one million or more, a violation of this subdivision shall\nin addition be punishable by a civil penalty of not less than two\nhundred fifty dollars nor more than one thousand dollars.\n  (b) Notwithstanding any other provision of law, in addition to those\npersons otherwise authorized to enforce this subdivision and adjudicate\nviolations thereof, this subdivision shall also be enforceable in a city\nhaving a population of one million or more by an agency or agencies\ndesignated for such purpose by the mayor of such city, and notices of\nviolation may be returnable to the environmental control board of such\ncity, which shall have the power to impose the civil penalties herein\nprovided. Notwithstanding any other provision of law, service of a\nnotice of violation for a violation of this subdivision committed in\nsuch city may be made upon an owner by first class mail, postage\nprepaid, and any such notice served by mail shall be returnable only to\nsuch environmental control board. Such service by first class mail shall\nbe deemed complete upon mailing of the notice of violation, unless the\nnotice of violation is returned to the sender by the United States\npostal service for any reason other than refusal of delivery. In\naddition, any notice of violation for a violation of this subdivision\nmay be served by a means prescribed in article three of the civil\npractice law and rules or article three of the business corporation law.\nNotwithstanding any other provision of law, such civil penalties imposed\nby such environmental control board shall be paid into the general fund\nof such city. Notwithstanding section one hundred fifty-five of this\nchapter or any other provision of law, where a person has been\nadjudicated by such environmental control board to be in violation of\nthis subdivision, such adjudication shall not have the force and effect\nof a conviction of a traffic infraction or of a violation of any\nprovision of this chapter for any purpose not specified in this\nsubdivision.\n  (c) Any final order issued pursuant to this subdivision by an\nenvironmental control board of a city having a population of one million\nor more shall constitute a judgment which may be entered in any place\nprovided for the entry of civil judgments within the state, and may be\nenforced without court proceedings in the same manner as the enforcement\nof money judgments entered in civil actions; provided, however, that no\nsuch judgment shall be entered that exceeds the sum of ten thousand\ndollars for each respondent. Notwithstanding the preceding sentence,\nbefore a judgment based upon a default may be so entered, such\nenvironmental control board must have notified the respondent by first\nclass mail in such form as such environmental control board may direct:\n(1) of the default decision and order and the penalty imposed; (2) that\na judgment will be entered in any place provided for the entry of civil\njudgments in the state; and (3) that entry of such judgment may be\navoided by requesting a stay of default for good cause shown and either\nrequesting a hearing or entering a plea pursuant to the rules of such\nenvironmental control board within thirty days of the mailing of such\nnotice. No judgment based upon a default may be so entered by the\nenvironmental control board within less than sixty days from the\ncompletion of service by mail of the notice of violation as provided in\nparagraph (b) of this subdivision. Any requirement of any provision of\nlaw other than this subdivision that relates to the manner of service of\nthe notice of violation that precedes any final order of such\nenvironmental control board shall not apply to a final order issued\npursuant to this subdivision. A judgment entered pursuant to this\nparagraph shall remain in full force and effect for eight years.\n  (d) Notwithstanding any other provision of this chapter, where the\nenvironmental control board of a city having a population of one million\nor more has adjudicated any person to be in violation of this\nsubdivision and the civil penalty therefor is not paid, such\nenvironmental control board shall notify the commissioner of motor\nvehicles of the judgment, who shall suspend any license of such person\nto operate a motor vehicle in this state, or, if such person is\nunlicensed, such person's privilege of obtaining a license issued by the\ncommissioner, or, if such person is a non-resident, such person's\nprivilege of operating a motor vehicle in this state, pending payment of\nsuch civil penalty. The procedures set forth in the first paragraph of\nsubdivision seven of section five hundred ten of this chapter shall be\napplicable to a suspension pursuant to this paragraph.\n  (e) For purposes of this subdivision only, the term "owner" means any\nperson, corporation, partnership, firm, agency, association, lessor or\norganization who at the time of the issuance of a notice of violation\nfor a violation of this subdivision:\n  (i) is the beneficial or equitable owner of the abandoned vehicle; or\n  (ii) has title to such vehicle; or\n  (iii) is the registrant or co-registrant of such vehicle registered\nwith the department of motor vehicles of this state or any other state,\nterritory, district, province, nation or other jurisdiction; or\n  (iv) uses such vehicle in its renting and/or leasing business; or\n  (v) is an owner of such vehicle as defined by section one hundred\ntwenty-eight of this chapter or subdivision (a) of section twenty-one\nhundred one of this chapter.\n  9. The last owner of an abandoned vehicle shall be liable to such\nlocal authority for the costs of removal and storage of such vehicle.\n  10. The commissioner shall prescribe by regulation such forms and\nprocedures necessary or desirable to effectuate the provisions of this\nsection. Such regulations may include procedures for the removal and\ndisposition of vehicle identification numbers of abandoned vehicles and\nforms for local records for abandoned vehicles and inquiries relating to\nownership of such vehicles.\n
N.Y. VAT Law § 1198 — New York Code / Act VAT / Title 7 / Article 31 / Section 1198
Installation and operation of ignition interlock devices
Status: in_force

* § 1198. Installation and operation of ignition interlock devices.\n1. Applicability. The provisions of this section shall apply throughout\nthe state to each person required or otherwise ordered by a court as a\ncondition of probation or conditional discharge to install and operate\nan ignition interlock device in any vehicle which he or she owns or\noperates.\n  2. Requirements. (a) In addition to any other penalties prescribed by\nlaw, the court shall require that any person who has been convicted of a\nviolation of subdivision two, two-a or three of section eleven hundred\nninety-two of this article, or any crime defined by this chapter or the\npenal law of which an alcohol-related violation of any provision of\nsection eleven hundred ninety-two of this article is an essential\nelement, to install and maintain, as a condition of probation or\nconditional discharge, a functioning ignition interlock device in\naccordance with the provisions of this section and, as applicable, in\naccordance with the provisions of subdivisions one and one-a of section\neleven hundred ninety-three of this article; provided, however, the\ncourt may not authorize the operation of a motor vehicle by any person\nwhose license or privilege to operate a motor vehicle has been revoked\nexcept as provided herein. For any such individual subject to a sentence\nof probation, installation and maintenance of such ignition interlock\ndevice shall be a condition of probation.\n  (b) Nothing contained in this section shall prohibit a court, upon\napplication by a probation department, from modifying the conditions of\nprobation of any person convicted of any violation set forth in\nparagraph (a) of this subdivision prior to the effective date of this\nsection, to require the installation and maintenance of a functioning\nignition interlock device, and such person shall thereafter be subject\nto the provisions of this section.\n  (c) Nothing contained in this section shall authorize a court to\nsentence any person to a period of probation or conditional discharge\nfor the purpose of subjecting such person to the provisions of this\nsection, unless such person would have otherwise been so eligible for a\nsentence of probation or conditional discharge.\n  3. Conditions. (a) Notwithstanding any other provision of law, the\ncommissioner may grant a post-revocation conditional license, as set\nforth in paragraph (b) of this subdivision, to a person who has been\nconvicted of a violation of subdivision two, two-a or three of section\neleven hundred ninety-two of this article and who has been sentenced to\na period of probation or conditional discharge, provided the person has\nsatisfied the minimum period of license revocation established by law\nand the commissioner has been notified that such person may operate only\na motor vehicle equipped with a functioning ignition interlock device.\nNo such request shall be made nor shall such a license be granted,\nhowever, if such person has been found by a court to have committed a\nviolation of section five hundred eleven of this chapter during the\nlicense revocation period or deemed by a court to have violated any\ncondition of probation or conditional discharge set forth by the court\nrelating to the operation of a motor vehicle or the consumption of\nalcohol. In exercising discretion relating to the issuance of a\npost-revocation conditional license pursuant to this subdivision, the\ncommissioner shall not deny such issuance based solely upon the number\nof convictions for violations of any subdivision of section eleven\nhundred ninety-two of this article committed by such person within the\nten years prior to application for such license. Upon the termination of\nthe period of probation or conditional discharge set by the court, the\nperson may apply to the commissioner for restoration of a license or\nprivilege to operate a motor vehicle in accordance with this chapter.\n  (b) Notwithstanding any inconsistent provision of this chapter, a\npost-revocation conditional license granted pursuant to paragraph (a) of\nthis subdivision shall be valid only for use by the holder thereof, (1)\nenroute to and from the holder's place of employment, (2) if the\nholder's employment requires the operation of a motor vehicle then\nduring the hours thereof, (3) enroute to and from a class or course at\nan accredited school, college or university or at a state approved\ninstitution of vocational or technical training, (4) to and from court\nordered probation activities, (5) to and from a motor vehicle office for\nthe transaction of business relating to such license, (6) for a three\nhour consecutive daytime period, chosen by the department, on a day\nduring which the participant is not engaged in usual employment or\nvocation, (7) enroute to and from a medical examination or treatment as\npart of a necessary medical treatment for such participant or member of\nthe participant's household, as evidenced by a written statement to that\neffect from a licensed medical practitioner, (8) enroute to and from a\nclass or an activity which is an authorized part of the alcohol and drug\nrehabilitation program and at which participant's attendance is\nrequired, and (9) enroute to and from a place, including a school, at\nwhich a child or children of the participant are cared for on a regular\nbasis and which is necessary for the participant to maintain such\nparticipant's employment or enrollment at an accredited school, college\nor university or at a state approved institution of vocational or\ntechnical training.\n  (c) The post-revocation conditional license described in this\nsubdivision may be revoked by the commissioner for sufficient cause\nincluding but not limited to, failure to comply with the terms of the\ncondition of probation or conditional discharge set forth by the court,\nconviction of any traffic offense other than one involving parking,\nstopping or standing or conviction of any alcohol or drug related\noffense, misdemeanor or felony or failure to install or maintain a court\nordered ignition interlock device.\n  (d) Nothing contained herein shall prohibit the court from requiring,\nas a condition of probation or conditional discharge, the installation\nof a functioning ignition interlock device in any vehicle owned or\noperated by a person sentenced for a violation of subdivision two,\ntwo-a, or three of section eleven hundred ninety-two of this chapter, or\nany crime defined by this chapter or the penal law of which an\nalcohol-related violation of any provision of section eleven hundred\nninety-two of this chapter is an essential element, if the court in its\ndiscretion, determines that such a condition is necessary to ensure the\npublic safety. Imposition of an ignition interlock condition shall in no\nway limit the effect of any period of license suspension or revocation\nset forth by the commissioner or the court.\n  (e) Nothing contained herein shall prevent the court from applying any\nother conditions of probation or conditional discharge allowed by law,\nincluding treatment for alcohol or drug abuse, restitution and community\nservice.\n  (f) The commissioner shall note on the operator's record of any person\nrestricted pursuant to this section that, in addition to any other\nrestrictions, conditions or limitations, such person may operate only a\nmotor vehicle equipped with an ignition interlock device.\n  4. Proof of compliance and recording of condition.  (a) Following\nimposition by the court of the use of an ignition interlock device as a\ncondition of probation or conditional discharge it shall require the\nperson to provide proof of compliance with this section to the court and\nthe probation department or other monitor where such person is under\nprobation or conditional discharge supervision. If the person fails to\nprovide for such proof of installation, absent a finding by the court of\ngood cause for that failure which is entered in the record, the court\nmay revoke, modify, or terminate the person's sentence of probation or\nconditional discharge as provided under law.  Good cause may include a\nfinding that the person is not the owner of a motor vehicle if such\nperson asserts under oath that such person is not the owner of any motor\nvehicle and that he or she will not operate any motor vehicle during the\nperiod of interlock restriction except as may be otherwise authorized\npursuant to law. "Owner" shall have the same meaning as provided in\nsection one hundred twenty-eight of this chapter.\n  (b) When a court imposes the condition specified in subdivision one of\nthis section, the court shall notify the commissioner in such manner as\nthe commissioner may prescribe, and the commissioner shall note such\ncondition on the operating record of the person subject to such\nconditions.\n  5. Cost, installation and maintenance.  (a) The cost of installing and\nmaintaining the ignition interlock device shall be borne by the person\nsubject to such condition unless the court determines such person is\nfinancially unable to afford such cost whereupon such cost may be\nimposed pursuant to a payment plan or waived.  In the event of such\nwaiver, the cost of the device shall be borne in accordance with\nregulations issued under paragraph (g) of subdivision one of section\neleven hundred ninety-three of this article or pursuant to such other\nagreement as may be entered into for provision of the device. Such cost\nshall be considered a fine for the purposes of subdivision five of\nsection 420.10 of the criminal procedure law. Such cost shall not\nreplace, but shall instead be in addition to, any fines, surcharges, or\nother costs imposed pursuant to this chapter or other applicable laws.\n  (b) The installation and service provider of the device shall be\nresponsible for the installation, calibration, and maintenance of such\ndevice.\n  6. Certification. (a) The commissioner of the department of health\nshall approve ignition interlock devices for installation pursuant to\nsubdivision one of this section and shall publish a list of approved\ndevices.\n  (b) After consultation with manufacturers of ignition interlock\ndevices and the national highway traffic safety administration, the\ncommissioner of the department of health, in consultation with the\ncommissioner and the office of probation and correctional alternatives,\nshall promulgate regulations regarding standards for, and use of,\nignition interlock devices. Such standards shall include provisions for\nsetting a minimum and maximum calibration range and shall include, but\nnot be limited to, requirements that the devices:\n  (1) have features that make circumventing difficult and that do not\ninterfere with the normal or safe operation of the vehicle;\n  (2) work accurately and reliably in an unsupervised environment;\n  (3) resist tampering and give evidence if tampering is attempted;\n  (4) minimize inconvenience to a sober user;\n  (5) require a proper, deep, lung breath sample or other accurate\nmeasure of blood alcohol content equivalence;\n  (6) operate reliably over the range of automobile environments;\n  (7) correlate well with permissible levels of alcohol consumption as\nmay be established by the sentencing court or by any provision of law;\nand\n  (8) are manufactured by a party covered by product liability\ninsurance.\n  (c) The commissioner of the department of health may, in his\ndiscretion, adopt in whole or relevant part, the guidelines, rules,\nregulations, studies, or independent laboratory tests performed on and\nrelied upon for the certification or approval of ignition interlock\ndevices by other states, their agencies or commissions.\n  7. Use of other vehicles. (a) Any requirement of this article or the\npenal law that a person operate a vehicle only if it is equipped with an\nignition interlock device shall apply to every motor vehicle operated by\nthat person including, but not limited to, vehicles that are leased,\nrented or loaned.\n  (b) No person shall knowingly rent, lease, or lend a motor vehicle to\na person known to have had his or her driving privilege restricted to\nvehicles equipped with an ignition interlock device unless the vehicle\nis so equipped. Any person whose driving privilege is so restricted\nshall notify any other person who rents, leases, or loans a motor\nvehicle to him or her of such driving restriction.\n  (c) A violation of paragraph (a) or (b) of this subdivision shall be a\nmisdemeanor.\n  8. Employer vehicle. Notwithstanding the provisions of subdivision one\nand paragraph (d) of subdivision nine of this section, if a person is\nrequired to operate a motor vehicle owned by said person's employer in\nthe course and scope of his or her employment, the person may operate\nthat vehicle without installation of an approved ignition interlock\ndevice only in the course and scope of such employment and only if the\nemployer has been notified that the person's driving privilege has been\nrestricted under the provisions of this article or the penal law and the\nperson whose privilege has been so restricted has provided the court and\nprobation department with written documentation indicating the employer\nhas knowledge of the restriction imposed and has granted permission for\nthe person to operate the employer's vehicle without the device only for\nbusiness purposes. The person shall notify the court and the probation\ndepartment of his or her intention to so operate the employer's vehicle.\nA motor vehicle owned by a business entity which business entity is all\nor partly owned or controlled by a person otherwise subject to the\nprovisions of this article or the penal law is not a motor vehicle owned\nby the employer for purposes of the exemption provided in this\nsubdivision. The provisions of this subdivision shall apply only to the\noperation of such vehicle in the scope of such employment.\n  9. Circumvention of interlock device. (a) No person whose driving\nprivilege is restricted pursuant to this article or the penal law shall\nrequest, solicit or allow any other person to blow into an ignition\ninterlock device, or to start a motor vehicle equipped with the device,\nfor the purpose of providing the person so restricted with an operable\nmotor vehicle.\n  (b) No person shall blow into an ignition interlock device or start a\nmotor vehicle equipped with the device for the purpose of providing an\noperable motor vehicle to a person whose driving privilege is so\nrestricted.\n  (c) No person shall tamper with or circumvent an otherwise operable\nignition interlock device.\n  (d) No person subject to a court ordered ignition interlock device\nshall operate a motor vehicle without such device.\n  (e) In addition to any other provisions of law, any person convicted\nof a violation of paragraph (a), (b), (c), or (d) of this subdivision\nshall be guilty of a Class A misdemeanor.\n  10. Warning label. The department of health shall design a warning\nlabel which the manufacturer shall affix to each ignition interlock\ndevice upon installation in the state. The label shall contain a warning\nthat any person tampering, circumventing, or otherwise misusing the\ndevice is guilty of a misdemeanor and may be subject to civil liability.\n  * NB Repealed September 1, 2027\n
N.Y. PBA Law § 664 — New York Code / Act PBA / Article 3 / Title 7 / Section 664
Notes and bonds legal investments for public officers and fiduciaries
Status: in_force

§ 664. Notes and bonds legal investments for public officers and\nfiduciaries. The notes and bonds are hereby made securities in which all\npublic officers and bodies of this state and all municipalities and\nmunicipal subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and saving associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever who are now or may hereafter be\nauthorized to invest in notes and bonds or other obligations of the\nstate, may properly and legally invest funds including capital in their\ncontrol or belonging to them. The notes and bonds are also hereby made\nsecurities which may be deposited with and shall be received by all\npublic officers and bodies of this state and all municipalities and\nmunicipal subdivisions for any purpose for which the deposit of notes\nand bonds or other obligations of this state is now or may hereafter be\nauthorized.\n