N.Y. PBA Law § 655 — New York Code / Act PBA / Article 3 / Title 7 / Section 655
Civil service status of officers and employees
Status: in_force

§ 655. Civil service status of officers and employees. Officers and\nemployees of any board, commission or department of the county may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the county who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe county under the rules of the county civil service commission shall\nhave the same status with respect thereto after transfer to the\nauthority as they had under their original appointments. The appointment\nand promotion of all employees of the authority shall be made in\naccordance with the provisions of the civil service law and the rules of\nthe county civil service commission.\n
N.Y. VAT Law § 1113 — New York Code / Act VAT / Title 7 / Article 24 / Section 1113
Flashing signal indications
Status: in_force

§ 1113. Flashing signal indications. Whenever traffic is controlled by\na flashing signal used in a traffic sign or signal, only the colors red\nand yellow shall be used, and said signals shall indicate and apply to\ndrivers of vehicles as follows:\n  (a) Flashing red indications. Unless to make another movement\npermitted by other indications shown at the same time, vehicular traffic\nfacing a circular red signal or red arrow with rapid intermittent\nflashes shall stop at a clearly marked stop line, but if none, then\nshall stop before entering the crosswalk on the near side of the\nintersection, or in the event there is no crosswalk, at the point\nnearest the intersecting roadway where the driver has a view of\napproaching traffic on the intersecting roadway before entering the\nintersection and the right to proceed shall be subject to the rules\napplicable after making a stop at a stop sign.\n  (b) Flashing yellow indications. Vehicular traffic facing a circular\nyellow signal or yellow arrow with rapid intermittent flashes may\nproceed through the intersection or past such signal only with caution.\n  (c) Flashing red arrows and flashing yellow arrow indications have the\nsame meaning as the corresponding flashing circular indications, except\nthat they apply only to drivers of vehicles intending to make the\nmovement indicated by the arrow.\n  (d) This section shall not apply at railroad grade crossings. Conduct\nof drivers of vehicles approaching railroad grade crossings shall be\ngoverned by the rules as set forth in section eleven hundred seventy of\nthis title.\n
N.Y. EDN Law § 6276 — New York Code / Act EDN / Title 7 / Article 125-B / Section 6276
Agreements with dormitory authority
Status: in_force

§ 6276. Agreements with dormitory authority. (a) To fulfill the\npurposes contained in subdivision a of section sixty-two hundred\nseventy-three of this article, the fund may enter into leases, subleases\nor other agreements with the dormitory authority to which the board of\nhigher education may be a party under which the authority may provide\nfacilities for the use of the city university. The fund may enter into\nan agreement with the dormitory authority to which the board of higher\neducation and the city of New York shall be parties under which the\nauthority may acquire, design, construct or otherwise provide and\nfurnish and equip facilities for the use of Hunter College which may\ninclude therein a police and fire station upon a site set forth in and\nin accordance with the terms of such agreement, as authorized in\nparagraph f of subdivision two of section sixteen hundred eighty of the\npublic authorities law. The provisions of the dormitory authority act\nshall govern the relationships of the dormitory authority, the fund, and\nthe board of higher education in the city of New York with respect to\nall such leases, subleases or other agreements and actions thereunder,\nand the fund may apply to the payment of rentals and other payments\nrequired from the fund by any such leases, subleases or other agreements\nand may pledge as security for such payments to the dormitory authority\nwith respect to such leases, subleases or other agreements all or part\nof the resources of the fund. The dormitory authority shall not issue\nobligations for the provision of a senior or community college facility\nunless a certificate of availability of funds has been approved by the\ndirector of the budget and an appropriation for such facility has been\nenacted.\n  (b) Neither the state, nor the city or the city university of New\nYork, shall be liable for any rentals payable by the fund pursuant to\nthe terms of any lease, sublease or other agreement entered into by the\nfund under this article. Any such lease, sublease or other agreement\nshall contain among its terms a statement to that effect.\n  (c) Housing units provided under this article for faculty, staff and\nmarried students and the families thereof shall be used and occupied\npursuant to leases or other agreements between the faculty, staff and\nmarried students and the city university, the provisions of which have\nbeen approved by the dormitory authority and the city university\nconstruction fund. There shall be paid to the city university, pursuant\nto such leases or other agreements by such faculty, staff and married\nstudents, except the chancellor of the city university and the\npresidents of any of the senior colleges or graduate institutions\nthereof and their families, rentals, the total amount of receipts from\nwhich rentals in each city fiscal year is to be at least equal to (i)\nthe portion of the rentals to be paid to the dormitory authority by the\nfund in that city fiscal year which is allocable to such housing units\nand (ii) the expense of all direct and indirect costs of operation of\nsuch housing units. From such receipts the city university shall account\nfor and pay to the fund an amount equal to the portion of the rentals to\nbe paid to the dormitory authority by the fund in that city fiscal year\nwhich is allocable to such housing units, and the fund shall pay such\namount to the dormitory authority in accordance with its agreements\ntherewith. The estimated amount of rentals allocable to such housing\nunits shall be separately stated from the amount required to be included\nin the city university construction fund's report submitted pursuant to\nclause three of subdivision seven of section sixty-two hundred\nseventy-four of this article and shall not be included in the amount\nequal to the aggregate of all rentals and such other payments due to the\ndormitory authority from the fund of which the state and city are each\nobligated to pay to the fund one-half pursuant to section sixty-two\nhundred seventy-nine of this article.\n  (d) Any pledge of or other security interest in moneys, earnings,\nincome, revenues, accounts, contract rights, general intangibles or\nother personal property, or any other resources held, made or created by\nthe fund or on its behalf by any duly authorized officer, employee or\nagent thereof including the comptroller of the city of New York when\nacting as agent pursuant to this article or by any other person to\nsecure such person's obligations to the fund, shall be valid, binding\nand perfected from the time when such pledge or other security interest\nattaches, without any physical delivery of the collateral or further\nact. The lien of any such pledge or other security interest shall be\nvalid, binding and perfected as against all parties having claims of any\nkind in tort, contract or otherwise against the fund irrespective of\nwhether or not such parties have notice thereof. No instrument by which\nsuch a pledge or other security interest is created nor any financing\nstatement need be recorded or filed. This subdivision shall apply\nnotwithstanding the provisions of the uniform commercial code.\n
N.Y. EDN Law § 5706 — New York Code / Act EDN / Title 7 / Article 115 / Section 5706
Restrictions on alienation of property
Status: in_force

§ 5706. Restrictions on alienation of property.  That portion of said\nuniversity grounds, which was the original gift of about two hundred\nacres of land made by Ezra Cornell and at that time located in the town\nof Ithaca in the county of Tompkins, shall not be encumbered, aliened or\notherwise disposed of by the said trustees, or by any other person,\nexcept on terms such as the legislature of the state of New York shall\nhave approved, and any act of the said trustees, or that of any other\nperson which shall have that effect, shall be void; except, that Cornell\nUniversity is hereby authorized to mortgage, or convey such part of the\naforesaid lands of said university as it may deem necessary to enable it\nto obtain needed loans, advances, or financing for the construction of a\nhousing unit including all necessary and usual attendant and related\nfacilities and equipment erected for the use of students, an academic\nbuilding, library, laboratory, classroom or other building or structure\nessential, necessary or useful for instruction in the academic program\nupon the following terms:\n  (1) Such loans, advances or financing shall be obtained from or\nthrough the dormitory authority of the state of New York, or from or\nthrough the housing and home finance agency or from such other New York\nstate or federal agency or agencies as are now, or as may be, engaged in\nconstructing or financing the construction, acquisition, alteration, or\nimprovement of such educational or attendant facilities above described.\nSuch construction may be conducted by the said university or by the\ngovernmental agency involved in such financing as may be agreed upon.\n  (2) Any conveyance of the title of any part of the aforesaid lands\nshall provide that the title to said lands shall revert to Cornell\nUniversity upon payment of the principal and interest of such loan,\nadvance, or financing secured by said conveyance and the satisfaction of\nall its obligations thereunder, and upon such payment and satisfaction\nthe said lands, so conveyed shall revert to and again become the\nproperty of the university with such title as it had before such\nconveyance.\n
N.Y. PBA Law § 1550*2 — New York Code / Act PBA / Article 7 / Title 7* / Section 1550*2
Short title
Status: in_force

* § 1550. Short title. This title may be cited as the Endicott parking\nauthority act.\n  * NB Dissolved December 31, 1977\n  * NB There are 2 § 1550's\n
N.Y. VAT Law § 1285 — New York Code / Act VAT / Title 7 / Article 34-D / Section 1285
Lamps and other equipment
Status: in_force

§ 1285. Lamps and other equipment. 1. Every electric scooter when in\nuse during the period from one-half hour after sunset to one-half hour\nbefore sunrise shall be equipped with a lamp on the front which shall\nemit a white light visible during hours of darkness from a distance of\nat least five hundred feet to the front and with a red light visible to\nthe rear for three hundred feet. At least one such light shall be\nvisible for two hundred feet from each side.\n  2. No person shall operate an electric scooter unless such scooter is\nequipped with a bell or other device capable of giving a signal audible\nfor a distance of at least one hundred feet, except that an electric\nscooter shall not be equipped with nor shall any person use upon an\nelectric scooter any siren or whistle.\n  3. Every electric scooter shall be equipped with a brake that enables\nthe operator to bring the electric scooter to a controlled stop.\n
N.Y. ENV Law § 11-0713 — New York Code / Act ENV / Article 11 / Title 7 / Section 11-0713
Procedure in issuing licenses
Status: in_force

§ 11-0713. Procedure in issuing licenses.\n  1. a. All licenses, bowhunting privileges, muzzle-loading privileges,\ntags, permits, registrations, and permit applications authorized by this\ntitle or section 13-0355 of this chapter, and any additional privileges\nauthorized by the department shall be issued by:\n  (1) clerks of a county, town or city, except a city having a\npopulation of one million or more, although such clerks may request\nauthorization from the department to cease issuing such licenses or\nregistrations,\n  (2) clerks of a village having more than one thousand inhabitants\naccording to the last preceding federal census, or of a village in a\ncounty of less than five hundred thousand inhabitants, adjoining a city\nof over one million inhabitants, both according to such census, although\nsuch clerks may request authorization from the department to cease\nissuing such licenses or registrations, and\n  (3) license issuing officers as may be appointed by the commissioner.\nApplicants for designation as license issuing officers shall be over the\nage of eighteen years and shall meet such other requirements of\neligibility, including posting bond, as the department may by regulation\nspecify. Such issuing officers shall be entitled to receive and keep the\nsame fees for issuing licenses and stamps that are specified in section\n11-0715 of this title for issuing clerks, and shall file reports and\nremit license fees to the appropriate regional environmental\nconservation officer or the department as required by regulation.\n  b. Special antlerless deer licenses shall be issued by the department\nas provided in subdivision 6 of section 11-0903 of this article.\n  c. One-day fishing licenses may be issued by any person who has never\nbeen convicted of or pleaded guilty to a misdemeanor under this chapter\nwithin the past three years, and has not been convicted of a crime under\nany other law. Such licenses shall be issued to any such person\nfollowing payment of the applicable license fee for each license.\nOne-day fishing licenses may be sold by the initial purchaser for no\nmore than the applicable license fee, plus one dollar for the person\nselling such license. In the case of misuse or fraud in handling the\nfishing licenses, the department shall have the authority to revoke the\nprivilege to buy and sell the licenses.\n  2. The issuing officer shall not issue a hunting license or bowhunting\nprivilege or muzzle-loading privilege to a person between the ages of\ntwelve and sixteen years unless, at the time of issuance, the applicant\nis accompanied by his or her parent or legal guardian who shall consent\nto the issuance of the license and shall so signify by signing his or\nher name in ink across the face of it. At no time shall such licenses be\nissued by mail to persons between the ages of twelve and sixteen years.\n  3. a. Subject to the provisions of paragraph b of this subdivision,\nthe issuing officer shall not issue a license, privilege, tag, permit,\nor permit application which authorizes the holder to hunt wildlife, to\nany person unless the applicant presents:\n  (1) a license which authorizes the holder to hunt wildlife issued to\nhim previously; or\n  (2) an affidavit from a license issuing officer stating that applicant\npreviously has been issued a license which authorizes the holder to hunt\nwildlife; or\n  (3) a certificate of qualification in responsible hunting, responsible\nbowhunting and responsible trapping practices, including safety, ethics\nand landowner-hunter relations, issued or honored by the department,\npursuant to this subdivision.\n  b. (1) The issuing officer shall not issue a bow hunting privilege to\nany person unless the applicant presents a hunting license issued to\nthat person for the corresponding license year and a New York state\nlicense which authorizes the holder to exercise the privilege of hunting\nwith a longbow issued in 1980 or later, an affidavit as provided in\nsubparagraph 2 of paragraph a of this subdivision or a certificate of\nqualification in responsible bowhunting practices issued or honored by\nthe department.\n  (2) The issuing officer shall not issue a trapping license to any\nperson unless the applicant presents a trapping license issued to him or\nher previously, an affidavit as provided in subparagraph 2 of paragraph\na of this subdivision or a certificate of qualification in responsible\ntrapping practices.\n  (3) The issuing officer shall not issue a muzzle-loading privilege to\nany person unless the applicant presents a hunting license issued to\nthat person for the corresponding license year and such person is at\nleast fourteen years old.\n  c. Certifications of qualification in responsible hunting, responsible\nbowhunting and responsible trapping practices may be made by duly\nqualified and designated persons, whose fitness to give instructions in\nsaid practices has been determined by an agent of the department. The\ndepartment may designate any person it deems qualified to act as its\nagent in the giving of instruction and the making of certification. No\ncharge shall be made for any certificate or instruction given to a\nperson to qualify him or her to obtain a license or privilege other than\nfor certain instruction and materials accredited by the department to\nprovide preparation for final instruction and testing by agents of the\ndepartment or for replacement education certificates for a commission of\none dollar to the issuing agent. The department shall make available to\nthe public courses without charge which do not require additional\npreparation at the expense of students, and may also offer optional\ncourses which require preparatory instruction which may be at the\nexpense of the student. The department may make rules and regulations\nwhich in its opinion effectuate better the purpose of this subdivision.\n  4. a. A person who has lost or accidentally destroyed a license or\nprivilege authorizing the holder to hunt, fish, or trap may apply to the\nofficer who issued it for a certificate in lieu thereof. Such officer\nshall issue a certificate stating the name and address of the applicant,\nthe type of license issued and the fee, if any, paid for it.\nApplications and certificates furnished by the department shall be used\nfor this purpose.\n  b. A person who has lost or accidentally destroyed a tag issued with\nsuch a license or privilege may apply to any license issuing officer for\na duplicate and the department shall issue a duplicate tag when\nsatisfied that the application is made in good faith.\n  c. A person who has lost or accidentally destroyed a deer management\npermit may apply to any license issuing officer for a duplicate. Such\nofficer shall issue a duplicate tag when satisfied that the application\nis made in good faith. The officer shall also issue a certificate\nstating the name and address of the applicant, the identifying number of\nthe tag that is being issued and the fee, if any, paid for it.\nApplications and tags furnished by the department shall be used for this\npurpose.\n  5. The commissioner shall establish a toll-free telephone number or a\ndedicated number for use to purchase sporting licenses by credit card\npurchasers. Notwithstanding any inconsistent provision of this chapter,\nthe commissioner may authorize the sale of licenses via the internet,\ntelephone or mail and establish procedures therefor, and may, through\nbulk sales or otherwise, furnish licenses for retail sale to outdoor and\nrecreational outlets and not-for-profit organizations, and the\ndepartment may sell licenses at department facilities. Except as\nprovided in subdivision 1 of this section, a license sold at retail\nshall not be sold for a price which exceeds the fee for such license\nestablished in the fish and wildlife law.\n  6. The department shall require training in the safe use of hunting\nwith a crossbow and safe hunting practices in the basic hunter education\ncourse required for all new hunters. All persons who have completed\nhunter education and who have not certified their completion of a safety\ncourse which includes crossbow hunting training prior to April first,\ntwo thousand fourteen shall complete an online or other training program\napproved by the department prior to using a crossbow to hunt.\n  7. The commissioner shall ensure that space is provided on any form\nfor application or renewal of a license issued pursuant to this title so\nthat the applicant shall register or decline registration in the donate\nlife registry for organ, eye and tissue donations pursuant to section\nforty-three hundred ten of the public health law and that the following\nis stated on the form in clear and conspicuous type:\n  "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n  The commissioner of health shall not maintain records of any person\nwho checks "skip this question". Except where the application is made in\nperson or electronically, failure to check a box shall not impair the\nvalidity of an application, and failure to check "yes" or checking "skip\nthis question" shall not be construed to imply a wish not to donate. In\nthe case of an applicant under eighteen years of age, checking "yes"\nshall not constitute consent to make an anatomical gift or registration\nin the donate life registry, except as otherwise provided pursuant to\nthe provisions of paragraph (b) of subdivision one of section\nforty-three hundred one of the public health law. Where an applicant has\npreviously consented to make an anatomical gift or registered in the\ndonate life registry, checking "skip this question" or failing to check\na box shall not impair that consent or registration.\n
N.Y. ENV Law § 11-0715 — New York Code / Act ENV / Article 11 / Title 7 / Section 11-0715
Fees
Status: in_force

§ 11-0715. Fees.\n  1. When any license or privilege listed in this section is issued by\nthe department or an officer or employee of the department, the license\nfee is the amount specified in this section plus the amount, if any,\nspecified as a fee to the issuing clerk.\n  2. A member of the Shinnecock tribe or the Poospatuck tribe or a\nmember of the six nations, residing on any reservation wholly or partly\nwithin the state, is entitled to receive free of charge a fishing\nlicense, a hunting license, a muzzle-loading privilege, a trapping\nlicense, and a bowhunting privilege; a resident of the state who is a\nmember of the United States armed forces in active service who is not\nstationed within the state and has not been herein longer than thirty\ndays on leave or furlough, is entitled to receive free of charge a\nfishing license, a hunting license, and a trapping license; a resident\nof the state who is an active member of the organized militia of the\nstate of New York as defined by section one of the military law, or the\nreserve components of the armed forces of the United States, and\nexcluding members of the inactive national guard and individual ready\nreserve, is entitled to receive free of charge a fishing license, a\nhunting license, and a trapping license; and a resident who is blind is\nentitled to receive a fishing license free of charge. For the purposes\nof this subdivision a person is blind only if either: (a) his or her\ncentral visual acuity does not exceed 20/200 in the better eye with\ncorrecting lenses, or (b) his or her visual acuity is greater than\n20/200 but is accompanied by a limitation of the field of vision such\nthat the widest diameter of the visual field subtends an angle no\ngreater than 20 degrees.\n  A resident in the state for a period of thirty days immediately prior\nto the date of application who has attained the age of seventy is\nentitled to receive a fishing license, a trapping license, and a hunting\nlicense, at a cost of five dollars for each license.\n  A resident in the state for a period of thirty days immediately prior\nto the date of application who has attained the age of seventy is\nentitled to receive free of charge a bowhunting privilege and a\nmuzzle-loading privilege.\n  3. Each applicant for a license, permit or privilege shall pay to the\nissuing officer a fee, according to the license, permit or privilege\nissued and the residence or other qualification of the applicant.\n  a. In the case of persons who meet the criteria set forth in paragraph\nc of subdivision four of section 11-0703 of this title:\n        License                                   Fee\n        (1) (a) Hunting                           $22.00\n        (b) Hunting ages fifteen\n        and under                                  $5.00\n        (2) Fishing                               $25.00\n        (3)(a) Trapping                           $20.00\n        (b) Trapping ages fifteen and under        $5.00\n        (4) Muzzle-loading privilege              $15.00\n        (5)(a) Bowhunting privilege               $15.00\n        (b) Bowhunting privilege\n        ages fifteen and under                     $4.00\n        (6) Turkey permit                         $10.00\n        (7) Seven-day fishing                     $12.00\n        (8) One-day fishing                       $ 5.00\n  b. In the case of a non-resident and persons resident in the state for\nless than thirty days:\n        License                                   Fee\n        (1) (a) Hunting                           $100.00\n        (b) Hunting ages fifteen and under          $5.00\n        (2) Fishing                                $50.00\n        (3) Seven-day fishing                      $28.00\n        (4)(a) Trapping                           $275.00\n        (b) Trapping ages fifteen and under         $5.00\n        (5)(a) Bowhunting privilege                $30.00\n        (b) Bowhunting privilege ages\n        fifteen and under                           $4.00\n        (6) Muzzle-loading                         $30.00\n        (7) Turkey permit                          $20.00\n        (8) One-day fishing                        $10.00\n  c. In all cases:\n        (1) Certificates in lieu of\n        lost license or privilege or tag                     $5.00\n        (2) Duplicate for lost or\n        destroyed permit or tag                             $10.00\n  4. A person, resident in the state for at least thirty days\nimmediately prior to the date of application, who (a) has been honorably\ndischarged from service in the armed forces of the United States, or (b)\nhas a qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (c) is a discharged LGBT veteran, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service, and\nis certified as having a forty percent or greater service-connected\ndisability is entitled to receive all licenses, privileges, tags, and\npermits authorized by this title for which he or she is eligible, except\nturkey permits, renewable each year for a five dollar fee.\n  5. Prior to the first day of February in the second year following the\nyear in which this subdivision shall have become a law, and prior to the\nfirst day of February of every second year thereafter, the conservation\nfund advisory council shall submit recommendations to the commissioner\nregarding the level of fees established by this section taking into\naccount economic indicators, the status of the conservation fund, and\nsuch program indicators as it may deem appropriate. The commissioner\nshall transmit the recommendations in their entirety to the governor,\nthe legislature and interested individuals and organizations, and the\ngovernor may submit a budget bill incorporating his recommendations\nthereon to the legislature.\n  6. a. License issuing officers may retain 1.1 percent of the gross\nproceeds from the sale of all lifetime licenses listed in section\n11-0702 of this title.\n  b. License issuing officers may retain 5.5 percent of the gross\nproceeds from sale of all other license, privileges, certificates and\npermits, including any application fees associated with such licenses,\nprivileges, certificates and permits.\n  7. Notwithstanding the provisions of subdivision three of this\nsection, the commissioner may offer for sale licenses, privileges and\npermits listed in this section at a reduced price up to ten days per\nyear to encourage resident and out-of-state hunters, trappers and\nanglers to utilize New York's hunting, trapping and fishing\nopportunities. These days shall be designated in a manner determined by\nthe department to best provide public notice thereof and to maximize\npublic participation therein.\n
N.Y. EDN Law § 6272 — New York Code / Act EDN / Title 7 / Article 125-B / Section 6272
Fund continued
Status: in_force

§ 6272.  Fund continued.  The city university construction fund\ncreated by chapter seven hundred eighty-two of the laws of nineteen\nhundred sixty-six is hereby continued.  The fund is a corporate\ngovernmental agency constituting a public benefit corporation. It has\nthe powers and privileges of a corporation and all of its business shall\nbe transacted, all funds invested, all warrants for money drawn and\npayments made, and all cash and securities and other personal property\nheld under its corporate name.  For all purposes of this article and the\ndormitory authority act, the fund shall be deemed to be an "educational\ninstitution."\n
N.Y. EDN Law § 6255 — New York Code / Act EDN / Title 7 / Article 125-A / Section 6255
City not liable for payment of benefits
Status: in_force

§ 6255. City not liable for payment of benefits.  Neither the city nor\nthe board shall be a party to any contract purchased in whole or in part\nwith contributions made under the optional retirement program\nestablished and administered pursuant to this article.  No retirement,\ndeath, or other benefits shall be payable by the city or by the board\nunder such optional retirement program.  Such benefits shall be paid to\nelecting employees or their beneficiaries by the designated insurer or\ninsurers in accordance with the terms of their contracts.\n
N.Y. VAT Law § 1145 — New York Code / Act VAT / Title 7 / Article 26 / Section 1145
Vehicle approaching rotary traffic circle or island
Status: in_force

§ 1145. Vehicle approaching rotary traffic circle or island.  Except\nwhere a traffic control device directs otherwise, the driver of a\nvehicle approaching or about to enter a rotary traffic circle or island\nshall yield the right of way to any vehicle already traveling on such\ncircle or around such island.\n
N.Y. BNK Law § 7023 — New York Code / Act BNK / Article 15 / Title 7 / Section 7023
Insurance for idemnification of directors and officers
Status: in_force

§ 7023. Insurance for idemnification of directors and officers. (a)\nSubject to subdivision (b), a corporation shall have power to purchase\nand maintain insurance:\n  (1) To indemnify the corporation for any obligation which it incurs as\na result of the indemnification of directors and officers under the\nprovisions of this article, and\n  (2) To indemnify directors and officers in instances in which they may\nbe indemnified by the corporation under the provisions of this article,\nand\n  (3) To idemnify directors and officers in instances in which they may\nnot otherwise be indemnified by the corporation under the provisions of\nthis article provided the contract of insurance covering such directors\nand officers provides, in a manner acceptable to the superintendent of\nfinancial services, for a retention amount and for co-insurance.\n  (b) No insurance under subdivision (a) may provide for any payment,\nother than cost of defense, to or on behalf of any director or officer:\n  (1) if a judgement or other final adjudication adverse to the insured\ndirector or officer establishes that his acts of active and deliberate\ndishonesty were material to the cause of action so adjudicated, or that\nhe personally gained in fact a financial profit or other advantage to\nwhich he was not legally entitled, or\n  (2) in relation to any risk the insurance of which is prohibited under\nthe insurance law of this state.\n  (c) Insurance under any or all paragraphs of subdivision (a) may be\nincluded in a single contract or supplement thereto. Retrospective rated\ncontracts are prohibited.\n  (d) The corporation shall, within the time and to the persons provided\nin subdivision three of section seven thousand twenty-two, mail a\nstatement in respect of any insurance it has purchased or renewed under\nthis section, specifying the insurance carrier, date of the contract,\ncost of the insurance, corporate positions insured, and a statement\nexplaining all sums, not previously reported in a statement to\nshareholders, paid under any indemnification insurance contract.\n  (e) This section is the public policy of this state to spread the risk\nof corporate management, notwithstanding any other general or special\nlaw of this state or of any other jurisdiction including the federal\ngovernment.\n
N.Y. EDN Law § 6438-A — New York Code / Act EDN / Title 7 / Article 129-A / Section 6438-A
Opioid overdose prevention in college housing
Status: in_force

§ 6438-a. Opioid overdose prevention in college housing. 1. Every\ncampus of the state university of New York and every campus of the city\nuniversity of New York shall provide training in the administration of\nopioid antagonists pursuant to a program approved under section\nthirty-three hundred nine of the public health law to every resident\nassistant employed by such campus. Such campuses shall provide and\nmaintain onsite in each college-owned or college-operated housing opioid\nantagonists, as defined in section thirty-three hundred nine of the\npublic health law, in quantities and types deemed by the commissioner of\nhealth. Such opioid antagonists shall be accessible by every resident\nassistant for use during emergencies to any student, staff or other\nindividual on college-owned or college-operated housing premises\nsuspected of having an opioid overdose whether or not there is a\nprevious history of opioid abuse.\n  2. Each campus of the state university of New York and every campus of\nthe city university of New York may designate additional employees who\nvolunteer to administer opioid antagonists in the event a resident\nassistant is not physically present at a suspected overdose incident,\nprovided that such employee is trained in the administration of opioid\nantagonists by a program approved under section thirty-three hundred\nnine of the public health law.\n  3. Any person or entity acting reasonably and in good faith in\ncompliance with this section shall not be subject to criminal, civil or\nadministrative liability solely by reason of such action.\n
N.Y. EDN Law § 6279 — New York Code / Act EDN / Title 7 / Article 125-B / Section 6279
Payments to fund
Status: in_force

§ 6279. Payments to fund. To enable the fund to realize its corporate\npurposes, as provided in section sixty-two hundred seventy-three of this\narticle, the following monies shall be made available to the fund as\nhereinafter provided:\n  (1) The state shall, in addition to any other state financial\nassistance, annually appropriate and pay to the fund an amount equal to\nthe aggregate of all rentals and such other payments due to the\ndormitory authority from the fund pursuant to any lease, sublease or\nother agreement entered into between the dormitory authority and the\nfund prior to July first, nineteen hundred eighty-five or pursuant to\nany agreement supplemental thereto, pursuant to which the fund and the\ndormitory authority provide senior college facilities, for the city\nfiscal year commencing July first succeeding the filing of the report\nrequired to be submitted by the fund pursuant to subdivision seven of\nsection sixty-two hundred seventy-four of this article. Such amount\nshall be paid to the fund as follows: (i) on or before the fifteenth day\nof July of the fiscal year of the city, the amount required to be paid\nby the fund under any such lease, sublease or other agreement on or\nbefore the first day of August of such city fiscal year; (ii) on or\nbefore the fifteenth day of November of the fiscal year of the city, the\namount required to be paid by the fund under any such lease, sublease or\nother agreement on or before the tenth day of December of such city\nfiscal year; (iii) on or before the fifteenth day of May of the fiscal\nyear of the city, the amount required to be paid by the fund under any\nsuch lease, sublease or other agreement on or before the tenth day of\nJune of such city fiscal year; and (iv) on such day or days as shall be\nprescribed under any such lease, sublease or other agreements, the\namount required to be paid by the fund under any such lease, sublease or\nother agreements entered into on or after April first, nineteen hundred\nninety-nine.\n  The state shall, in addition to any other state financial assistance,\nannually appropriate and pay to the fund an amount equal to one-half the\naggregate of all rentals and such other payments due to the dormitory\nauthority from the fund pursuant to any lease, sublease or other\nagreement entered into between the dormitory authority and the fund\nprior to July first, nineteen hundred eighty-five or pursuant to any\nagreement supplemental thereto, pursuant to which the fund and the\ndormitory authority provide community college facilities, for the city\nfiscal year commencing July first succeeding the filing of the report\nrequired to be submitted by the fund pursuant to subdivision seven of\nsection sixty-two hundred seventy-four of this article, which amount\nshall be payable as follows: (a) fifty per centum of such amount shall\nbe payable, (i) with respect to any portion thereof required to be paid\nby the fund under any such lease, sublease or other agreement on or\nbefore the first day of August of such city fiscal year, on or before\nthe fifteenth day of July, and (ii) with respect to any portion thereof\nso required to be paid by the fund on or before the tenth day of\nDecember of such city fiscal year, on or before the fifteenth day of\nNovember; (b) fifty per centum of such amount shall be payable on or\nbefore the fifteenth day of May of such city fiscal year; and (c) fifty\nper centum of such amount shall be payable on such day or days as shall\nbe prescribed under any such lease, sublease or other agreements, the\namount required to be paid by the fund under any such lease, sublease or\nother agreements entered into on or after April first, nineteen hundred\nninety-nine.\n  (2) The city shall, in addition to any other city financial\nassistance, annually pay to the fund an amount equal to one-half of the\naggregate of all rentals and such other payments due to the dormitory\nauthority from the fund pursuant to any lease, sublease or other\nagreement entered into between the dormitory authority and the fund\nprior to July first, nineteen hundred eighty-five or pursuant to any\nagreement supplemental thereto, for the city fiscal year commencing July\nfirst succeeding the filing of the report required to be submitted by\nthe fund pursuant to subdivision seven of section sixty-two hundred\nseventy-four of this article, which amount shall be payable as follows:\n(a) fifty per centum of such amount shall be payable, (i) with respect\nto any portion thereof required to be paid by the fund under any such\nlease, sublease or other agreement on or before the first day of August\nof such city fiscal year, on or before the fifteenth day of July, and\n(ii) with respect to any portion thereof so required to be paid by the\nfund on or before the tenth day of December of such city fiscal year, on\nor before the fifteenth day of November; and (b) fifty per centum of\nsuch amount shall be payable on or before the fifteenth day of May of\nsuch city fiscal year; provided, however, that such amount shall have\nbeen first appropriated by the city to the fund or shall otherwise have\nbeen made lawfully available to the fund for such purposes; provided,\nfurther, that the amount required to be paid to the fund by the city at\nany time on account of the rentals and such other payments due to the\ndormitory authority from the fund pursuant to any lease, sublease or\nother agreement entered into between the dormitory authority and the\nfund prior to July first, nineteen hundred eighty-five or pursuant to\nany agreement supplemental thereto, pursuant to which the fund and the\ndormitory authority provide senior college facilities, shall be reduced\nby an amount equal to the amount by which the payment made by the state\npursuant to the first paragraph of subdivision one of this section on\naccount of such lease, sublease or other agreement exceeds one-half of\nthe amount then required to be paid by the state on account of such\nlease, sublease or other agreement. In the event of the failure of the\ncity to pay the fund, pursuant to the schedule of payments established\nby this subdivision, all or part of such amounts, the fund shall\nforthwith make and deliver to the comptroller of the state of New York a\ncertificate stating such amount and the sum, if any, paid by the city to\nthe fund with respect to such amount, and further stating the difference\nbetween such amount and such sum, and, after the state comptroller shall\nhave given written notice to the city director of management and budget,\nsuch difference, but not to exceed sixty-five million dollars in any one\ncity fiscal year, shall be paid to the fund by the state comptroller out\nof the next succeeding payment of state aid apportioned to the city of\nNew York as per capita aid for the support of local government pursuant\nto section fifty-four of the state finance law during such city fiscal\nyear. The amount so paid over to the fund shall be deducted from the\ncorresponding apportionment of such per capita state aid otherwise\npayable to the city of New York, and shall not obligate the state to\nmake or entitle the city of New York to receive any additional\napportionment or payment of per capita state aid. Notwithstanding any\nother provision of law, the city shall have the power to contract\nindebtedness and to issue its obligations pursuant to the local finance\nlaw for the purpose of financing any payment authorized or required to\nbe made by the city by this subdivision. Any such payment shall\nconstitute an object or purpose for which the period of probable\nusefulness is hereby determined to be five years.\n  (3) (a) The state shall, in addition to any other state assistance,\nannually appropriate and pay to the city of New York for the\ntwelve-month period commencing July first, nineteen hundred eighty-two\nand thereafter, an amount equal to the amount paid by the city pursuant\nto subdivision two of this section attributable to senior college\nfacilities.\n  (b) For the purposes of this section and subdivision seven of section\nsixty-two hundred seventy-four of this article, the term "senior college\nfacilities" shall be deemed to mean and refer to any facility of the\ncity university which is or has been financed by bonds, notes or other\nobligations of the dormitory authority pursuant to any lease, sublease\nor other agreement between the dormitory authority and the fund which\nrelates to an educational unit of the city university which was, or is,\nincluded as a senior college on the date as of which such lease,\nsublease or other agreement is dated.\n  (c) In addition to the amounts specified in paragraph (a) of this\nsubdivision, the state shall, in addition to any other state assistance,\nannually appropriate and pay to the city of New York for the twelve\nmonth period commencing July first, nineteen hundred eighty-two and\nthereafter an amount equal to the amount paid by the city pursuant to\nsubdivision two of this section attributable to facilities of New York\ncity college of technology and to that educational unit of the college\nof Staten Island whose primary purpose is providing associate and\ncertificate programs in general and technical educational subjects.\n  (4) The state shall, in addition to any other state financial\nassistance, annually appropriate and pay to the fund for the benefit of\nthe city university an amount equal to the aggregate of all rentals and\nother payments due to the dormitory authority from the fund on account\nof senior college facilities and one-half of all rentals and other\npayments due to the dormitory authority from the fund on account of\ncommunity college facilities, which rentals and other payments are\npayable by the fund pursuant to any lease, sublease or other agreement\nentered into between the dormitory authority and the fund on or after\nJuly first, nineteen hundred eighty-five, other than pursuant to an\nagreement supplemental to any lease, sublease or other agreement entered\ninto between the dormitory authority and the fund prior to July first,\nnineteen hundred eighty-five, for the city fiscal year commencing July\nfirst succeeding the filing of the report required to be submitted by\nthe fund pursuant to subdivision seven of section sixty-two hundred\nseventy-four of this article. Such amount shall be paid to the fund as\nfollows: (i) on or before the fifteenth day of July of the fiscal year\nof the city, the amount required to be paid by the fund on account of\nsenior college facilities and fifty per centum of the amount required to\nbe paid by the fund on account of community college facilities under any\nsuch lease, sublease or other agreement on or before the first day of\nAugust of such city fiscal year; (ii) on or before the fifteenth day of\nNovember of the fiscal year of the city, the amount required to be paid\nby the fund on account of senior college facilities and fifty per centum\nof the amount required to be paid by the fund on account of community\ncollege facilities under any such lease, sublease or other agreement on\nor before the tenth day of December of such city fiscal year; and (iii)\non or before the fifteenth day of May of the fiscal year of the city,\nthe amount required to be paid by the fund on account of senior college\nfacilities and fifty per centum of the amount required to be paid by the\nfund on account of community college facilities under any such lease,\nsublease or other agreement on or before the tenth day of June of such\ncity fiscal year. In the event of the failure of the state to pay the\nfund when due pursuant to this subdivision all or part of such amounts,\nthe fund shall forthwith make and deliver to the comptroller of the\nstate of New York a certificate stating the amount of the payment\nrequired to have been made by the state, the amount paid by the state\nand the amount remaining unpaid by the state. The comptroller of the\nstate of New York, after giving written notice to the state director of\nthe budget, shall pay to the fund the amount set forth in such\ncertificate as remaining unpaid, which amount shall be paid from any\nmoneys appropriated by the state pursuant to section sixty-two hundred\ntwenty-one of this chapter or any successor provisions of law for or on\naccount of the net operating costs of senior colleges and not yet paid\nduring such city fiscal year and from any moneys appropriated by the\nstate pursuant to subdivision one of section sixty-three hundred four of\nthis chapter or any successor provisions of law for or on account of\noperating costs of community colleges and not yet paid during such city\nfiscal year or from any other moneys appropriated by the state for or on\naccount of the operating costs of senior or community colleges and not\nyet paid during such city fiscal years, which moneys are appropriated in\nlieu of or in addition to moneys appropriated pursuant to such\nprovisions of law. The amount required to be paid by the comptroller of\nthe state of New York pursuant to this subdivision shall be paid to the\nfund as soon as practicable after receipt of the certificate of the fund\nand notice to the state director of the budget is given whether or not\nthe moneys from which such payment is to be made are then payable to the\ncity or the city university; provided, however, that any amounts\ndescribed in clause (i), (ii) or (iii) of this subdivision that are\npayable other than semi-annually, including for variable rate bonds,\ninterest rate exchange or similar agreements, or other financing\narrangements permitted by law, may be paid at such other times as the\nstate may elect, but in no event later than the fifteenth day of the\nmonth preceding the month during which the fund is required by such\nlease, sublease or agreement to pay such amounts.\n  (5) The city shall, in addition to any other city financial\nassistance, annually appropriate and pay to the fund for the benefit of\nthe city university an amount equal to: (i) one-half of the aggregate of\nall rentals and such other payments where the dormitory authority has\nfinanced the entire capital cost of constructing community college\nfacilities, and (ii) all of the aggregate rentals and such other\npayments where the dormitory authority has financed only the local\nsponsor's portion of the capital cost of constructing community college\nfacilities pursuant to any lease, sublease or other agreement entered\ninto between the dormitory authority and the fund on or after July\nfirst, nineteen hundred eighty-five, other than pursuant to an agreement\nsupplemental to any lease, sublease or other agreement entered into\nbetween the dormitory authority and the fund prior to July first,\nnineteen hundred eighty-five, for the city fiscal year commencing July\nfirst succeeding the filing of the report required to be submitted by\nthe fund pursuant to subdivision seven of section sixty-two hundred\nseventy-four of this article. Such amount shall be paid to the fund as\nfollows: (i) on or before the fifteenth day of July of the fiscal year\nof the city, fifty per centum of the amount required to be paid by the\nfund on account of community college facilities under any such lease,\nsublease or other agreement on or before the first day of August of such\ncity fiscal year; (ii) on or before the fifteenth day of November of the\nfiscal year of the city, fifty per centum of the amount required to be\npaid by the fund on account of community college facilities under any\nsuch lease, sublease or other agreement on or before the tenth day of\nDecember of such city fiscal year; and (iii) on or before the fifteenth\nday of May of the fiscal year of the city, fifty per centum of the\namount required to be paid by the fund on account of community college\nfacilities under any such lease, sublease or other agreement on or\nbefore the tenth day of June of such city fiscal year. In the event of\nthe failure of the city to pay the fund when due pursuant to this\nsubdivision all or part of such amounts, the fund shall forthwith make\nand deliver to the comptroller of the state of New York a certificate\nstating the amount of the payment required to have been made by the\ncity, the amount paid by the city and the amount remaining unpaid by the\ncity. The comptroller of the state of New York, after giving written\nnotice to the city director of management and budget, shall pay to the\nfund the amount set forth in such certificate as remaining unpaid, which\namount shall be paid, first, from the next succeeding payments of state\naid apportioned to the city as per capita aid for the support of local\ngovernment pursuant to section fifty-four of the state finance law\nduring such city fiscal year, provided that the amount the comptroller\nof the state of New York may pay pursuant to this subdivision from such\nnext succeeding payment of state aid shall be limited to an amount\nwhich, together with (i) the amount of such state aid theretofore paid\nand then to be paid by the comptroller of the state of New York pursuant\nto subdivision two of this section, (ii) the amount of such state aid\ntheretofore paid pursuant to this subdivision and (iii) the maximum\namount which may thereafter be required to be paid pursuant to\nsubdivision two of this section, in each such case during the city\nfiscal year in which the payment is to be made pursuant to this\nsubdivision, does not exceed sixty-five million dollars; and, if the\namount of such state aid so paid by the comptroller of the state of New\nYork is less than the amount set forth in the certificate of the fund as\nremaining unpaid, then from any moneys appropriated by the state\npursuant to section sixty-two hundred twenty-one of this chapter or any\nsuccessor provisions of law for or on account of the net operating costs\nof senior colleges and not yet paid during such city fiscal year and\nfrom any moneys appropriated by the state pursuant to subdivision one of\nsection sixty-three hundred four of this chapter or any successor\nprovisions of law for or on account of operating costs of community\ncolleges and not yet paid during such city fiscal year or from any\nmoneys appropriated by the state for or on account of the operating\ncosts of senior or community colleges and not yet paid during such city\nfiscal year, which moneys are appropriated in lieu of or in addition to\nmoneys appropriated pursuant to such provisions of law. The amount\nrequired to be paid by the comptroller of the state of New York pursuant\nto this subdivision shall be paid to the fund as soon as practicable\nafter receipt of the certificate of the fund and notice to the city\ndirector of management and budget is given, whether or not the state aid\nor other moneys from which such payment is to be made is then payable to\nthe city or the city university. The amount of the state aid or other\nmoneys payable to the city or the city university from which the\ncomptroller of the state of New York has made a payment pursuant to this\nsubdivision shall be reduced by the amount so paid to the fund\nnotwithstanding the amount appropriated and apportioned by the state to\nthe city or the city university, and the state shall not be obligated to\nmake and the city or the city university shall not be entitled to\nreceive any additional apportionment or payment of such state aid or\nother moneys; provided, however, that any amounts described in clause\n(i), (ii) or (iii) of this subdivision that are payable other than\nsemi-annually, including for variable rate bonds, interest rate exchange\nor similar agreements, or other financing arrangements permitted by law,\nmay be paid at such other times as the city may elect, but in no event\nlater than the fifteenth day of the month preceding the month during\nwhich the fund is required by such lease, sublease or agreement to pay\nsuch amounts.\n  (6) The amounts of money required to be paid pursuant to this section\nshall be determined from the report required to be submitted by the fund\npursuant to subdivision seven of section sixty-two hundred seventy-four\nof this article. Nothing contained in subdivision four or five of this\nsection shall be construed to create an obligation upon the state to\nappropriate moneys for or on account of the operating costs of senior or\ncommunity colleges, to preclude the state from reducing the amount of\nmoneys appropriated or level of assistance provided for the operating\ncosts of senior or community colleges from the amount appropriated or\nlevel of assistance provided in any prior city fiscal year, or to\npreclude the state from altering or modifying the manner in which it\nprovides for or provides assistance for the operating costs of senior or\ncommunity colleges.\n  (7) Notwithstanding the designation of Medgar Evers college as a\nsenior college, for the period commencing July first, nineteen hundred\nninety-four and thereafter, the city of New York shall include Medgar\nEvers college facilities in its calculation of amounts due the fund\npursuant to subdivision five of this section and for purposes of\nparagraph c of subdivision one of section sixty-three hundred four of\nthis chapter.\n
N.Y. PBH Law § 268-G — New York Code / Act PBH / Article 2 / Title 7 / Section 268-G
Funding of the Marketplace
Status: in_force

§ 268-g. Funding of the Marketplace. 1. The Marketplace shall be\nfunded by state and federal sources as authorized by applicable law,\nincluding but not limited to applicable law authorizing the respective\ninsurance affordability programs available through the Marketplace.\n  2. The accounts of the Marketplace shall be subject to supervision of\nthe comptroller and such accounts shall include receipts, expenditures,\ncontracts and other matters which pertain to the fiscal soundness of the\nMarketplace.\n  3. Notwithstanding any law to the contrary, and in accordance with\nsection four of the state finance law, upon request of the director of\nthe budget, in consultation with the commissioner, the superintendent\nand the executive director of the Marketplace, the comptroller is hereby\nauthorized and directed to sub-allocate or transfer special revenue\nfederal funds appropriated to the department for planning and\nimplementing various healthcare and insurance reform initiatives\nauthorized by applicable law. Marketplace moneys sub-allocated or\ntransferred pursuant to this section shall be paid out of the fund upon\naudit and warrant of the state comptroller on vouchers certified or\napproved by the Marketplace.\n
N.Y. VAT Law § 1225-D — New York Code / Act VAT / Title 7 / Article 33 / Section 1225-D
Use of portable electronic devices
Status: in_force

§ 1225-d. Use of portable electronic devices. 1. Except as otherwise\nprovided in this section, no person shall operate a motor vehicle while\nusing any portable electronic device while such vehicle is in motion;\nprovided, however, that no person shall operate a commercial motor\nvehicle while using any portable electronic device on a public highway\nincluding while temporarily stationary because of traffic, a traffic\ncontrol device, or other momentary delays. Provided further, however,\nthat a person shall not be deemed to be operating a commercial motor\nvehicle while using a portable electronic device on a public highway\nwhen such vehicle is stopped at the side of, or off, a public highway in\na location where such vehicle is not otherwise prohibited from stopping\nby law, rule, regulation or any lawful order or direction of a police\nofficer.\n  1-a. No motor carrier shall allow or require its drivers to use a\nportable electronic device while operating a commercial motor vehicle as\nprovided in this section.\n  2. For the purposes of this section, the following terms shall have\nthe following meanings:\n  (a) "Portable electronic device" shall mean any hand-held mobile\ntelephone, as defined by subdivision one of section twelve hundred\ntwenty-five-c of this article, personal digital assistant (PDA),\nhandheld device with mobile data access, laptop computer, pager,\nbroadband personal communication device, two-way messaging device,\nelectronic game, or portable computing device, or any other electronic\ndevice when used to input, write, send, receive, or read text for\npresent or future communication.\n  (b) "Using" shall mean holding a portable electronic device while\nviewing, taking or transmitting images, playing games, or, for the\npurpose of present or future communication: performing a command or\nrequest to access a world wide web page, composing, sending, reading,\nviewing, accessing, browsing, transmitting, saving or retrieving e-mail,\ntext messages, instant messages, or other electronic data.\n  (c) "Commercial motor vehicle" shall have the same meaning as such\nterm is defined by subdivision four-a of section two of the\ntransportation law.\n  (d) "Motor carrier" shall have the same meaning as such term is\ndefined by subdivision seventeen of section two of the transportation\nlaw.\n  3. Subdivision one of this section shall not apply to (a) the use of a\nportable electronic device for the sole purpose of communicating with\nany of the following regarding an emergency situation: an emergency\nresponse operator; a hospital; a physician's office or health clinic; an\nambulance company or corps; a fire department, district or company; or a\npolice department, (b) any of the following persons while in the\nperformance of their official duties: a police officer or peace officer;\na member of a fire department, district or company; or the operator of\nan authorized emergency vehicle as defined in section one hundred one of\nthis chapter.\n  4. A person who holds a portable electronic device in a conspicuous\nmanner while operating a motor vehicle or while operating a commercial\nmotor vehicle on a public highway including while temporarily stationary\nbecause of traffic, a traffic control device, or other momentary delays\nbut not including when such commercial motor vehicle is stopped at the\nside of, or off, a public highway in a location where such vehicle is\nnot otherwise prohibited from stopping by law, rule, regulation or any\nlawful order or direction of a police officer is presumed to be using\nsuch device, except that a person operating a commercial motor vehicle\nwhile using a portable electronic device when such vehicle is stopped at\nthe side of, or off, a public highway in a location where such vehicle\nis not otherwise prohibited from stopping by law, rule, regulation or\nany lawful order or direction of a police officer shall not be presumed\nto be using such device. The presumption established by this subdivision\nis rebuttable by evidence tending to show that the operator was not\nusing the device within the meaning of this section.\n  5. The provisions of this section shall not be construed as\nauthorizing the seizure or forfeiture of a portable electronic device,\nunless otherwise provided by law.\n  6. A violation of this section shall be a traffic infraction and shall\nbe punishable by a fine of not less than fifty dollars nor more than two\nhundred dollars upon conviction of a first violation; upon conviction of\na second violation, both of which were committed within a period of\neighteen months, such violation shall be punished by a fine of not less\nthan fifty dollars nor more than two hundred fifty dollars; upon\nconviction of a third or subsequent violation, all of which were\ncommitted within a period of eighteen months, such violation shall be\npunished by a fine of not less than fifty dollars nor more than four\nhundred fifty dollars.\n
N.Y. VAT Law § 1180-E — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-E
Owner liability for failure of operator to comply with certain posted maximum speed limits; highway construction or maintenance work area
Status: in_force

* § 1180-e. Owner liability for failure of operator to comply with\ncertain posted maximum speed limits; highway construction or maintenance\nwork area.\n  (a) 1. Notwithstanding any other provision of law, the commissioner of\ntransportation is hereby authorized to establish a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with posted maximum speed limits in a highway\nconstruction or maintenance work area located on a highway (i) when\nhighway construction or maintenance work is occurring and a work area\nspeed limit is in effect as provided in paragraph two of subdivision (d)\nor subdivision (f) of section eleven hundred eighty of this article or\n(ii) when highway construction or maintenance work is occurring and\nother speed limits are in effect as provided in subdivision (b) or (g)\nor paragraph one of subdivision (d) of section eleven hundred eighty of\nthis article. Such demonstration program shall empower the commissioner\nto install photo speed violation monitoring systems within no more than\nforty highway construction or maintenance work areas located on highways\nand to operate such systems within such work areas (iii) when highway\nconstruction or maintenance work is occurring and a work area speed\nlimit is in effect as provided in paragraph two of subdivision (d) or\nsubdivision (f) of section eleven hundred eighty of this article or (iv)\nwhen highway construction or maintenance work is occurring and other\nspeed limits are in effect as provided in subdivision (b) or (g) or\nparagraph one of subdivision (d) of section eleven hundred eighty of\nthis article. The commissioner, in consultation with the superintendent\nof the division of state police, shall determine the location of the\nhighway construction or maintenance work areas located on a highway in\nwhich to install and operate photo speed violation monitoring systems.\nIn selecting a highway construction or maintenance work area in which to\ninstall and operate a photo speed violation monitoring system, the\ncommissioner shall consider criteria including, but not limited to, the\nspeed data, crash history, and roadway geometry applicable to such\nhighway construction or maintenance work area. A photo speed violation\nmonitoring system shall not be installed or operated on a highway exit\nramp.\n  2. Notwithstanding any other provision of law, after holding a public\nhearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe thruway authority, the chair of the thruway authority is hereby\nauthorized 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 highway construction or\nmaintenance work area located on the thruway (i) when highway\nconstruction or maintenance work is occurring and a work area speed\nlimit is in effect as provided in paragraph two of subdivision (d) or\nsubdivision (f) of section eleven hundred eighty of this article or (ii)\nwhen highway construction or maintenance work is occurring and other\nspeed limits are in effect as provided in subdivision (b) or (g) or\nparagraph one of subdivision (d) of section eleven hundred eighty of\nthis article. Such demonstration program shall empower such chair to\ninstall photo speed violation monitoring systems within no more than\ntwenty highway construction or maintenance work areas located on the\nthruway and to operate such systems within such work areas (iii) when\nhighway construction or maintenance work is occurring and a work area\nspeed limit is in effect as provided in paragraph two of subdivision (d)\nor subdivision (f) of section eleven hundred eighty of this article or\n(iv) when highway construction or maintenance work is occurring and\nother speed limits are in effect as provided in subdivision (b) or (g)\nor paragraph one of subdivision (d) of section eleven hundred eighty of\nthis article. The chair of the thruway authority, in consultation with\nthe superintendent of the division of state police, shall determine the\nlocation of the highway construction or maintenance work areas located\non the thruway in which to install and operate photo speed violation\nmonitoring systems. In selecting a highway construction or maintenance\nwork area in which to install and operate a photo speed violation\nmonitoring system, such chair shall consider criteria including, but not\nlimited to, the speed data, crash history, and roadway geometry\napplicable to such highway construction or maintenance work area. A\nphoto speed violation monitoring system shall not be installed or\noperated on a thruway exit ramp.\n  2-a. Notwithstanding any other provision of law, after holding a\npublic hearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe Triborough bridge and tunnel authority, the chair of the Triborough\nbridge and tunnel authority is hereby authorized to establish a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with posted maximum\nspeed limits in a highway construction or maintenance work area located\non a Triborough bridge and tunnel authority facility (i) when highway\nconstruction or maintenance work is occurring and a work area speed\nlimit is in effect as provided in paragraph two of subdivision (d) or\nsubdivision (f) of section eleven hundred eighty of this article or (ii)\nwhen highway construction or maintenance work is occurring and other\nspeed limits are in effect as provided in subdivision (b) or (g) or\nparagraph one of subdivision (d) of section eleven hundred eighty of\nthis article. Such demonstration program shall empower such chair to\ninstall photo speed violation monitoring systems within no more than\nnine highway construction or maintenance work areas located on\nTriborough bridge and tunnel authority facilities and to operate such\nsystems within such work areas (iii) when highway construction or\nmaintenance work is occurring and a work area speed limit is in effect\nas provided in paragraph two of subdivision (d) or subdivision (f) of\nsection eleven hundred eighty of this article or (iv) when highway\nconstruction or maintenance work is occurring and other speed limits are\nin effect as provided in subdivision (b) or (g) or paragraph one of\nsubdivision (d) of section eleven hundred eighty of this article. The\nchair of the Triborough bridge and tunnel authority, in consultation\nwith the chief of the metropolitan transportation authority police\ndepartment or the chief of the Triborough bridge and tunnel authority\npeace officers appointed pursuant to subdivision twenty of section 2.10\nof the criminal procedure law, shall determine the location of the\nhighway construction or maintenance work areas located on Triborough\nbridge and tunnel authority facilities in which to install and operate\nphoto speed violation monitoring systems. In selecting a highway\nconstruction or maintenance work area in which to install and operate a\nphoto speed violation monitoring system, such chair shall consider\ncriteria including, but not limited to, the speed data, crash history,\nand roadway geometry applicable to such highway construction or\nmaintenance work area. The New York state department of transportation\nand the New York city department of transportation may enter into a\nmemorandum of understanding with the Triborough bridge and tunnel\nauthority for the purposes of coordinating the planning, design, and\ninstallation of photo speed violation monitoring systems in such photo\nspeed violation monitoring demonstration program. Such memorandum shall\naddress, for purposes of such demonstration program, the use of systems,\ndevices and other facilities owned and operated by the state or by the\nNew York city department of transportation.\n  2-b. Notwithstanding any other provision of law, after holding a\npublic hearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe bridge authority, the chair of the bridge authority is hereby\nauthorized 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 highway construction or\nmaintenance work area located on bridge authority facilities (i) when\nhighway construction or maintenance work is occurring and a work area\nspeed limit is in effect as provided in paragraph two of subdivision (d)\nor subdivision (f) of section eleven hundred eighty of this article or\n(ii) when highway construction or maintenance work is occurring and\nother speed limits are in effect as provided in subdivision (b) or (g)\nor paragraph one of subdivision (d) of section eleven hundred eighty of\nthis article. Such demonstration program shall empower such chair to\ninstall photo speed violation monitoring systems within no more than\nfive highway construction or maintenance work areas located on bridge\nauthority facilities and to operate such systems within such work areas\n(iii) when highway construction or maintenance work is occurring and a\nwork area speed limit is in effect as provided in paragraph two of\nsubdivision (d) or subdivision (f) of section eleven hundred eighty of\nthis article or (iv) when highway construction or maintenance work is\noccurring and other speed limits are in effect as provided in\nsubdivision (b) or (g) or paragraph one of subdivision (d) of section\neleven hundred eighty of this article. The chair of the bridge\nauthority, in consultation with the superintendent of the division of\nstate police, shall determine the location of the highway construction\nor maintenance work areas located on bridge authority facilities in\nwhich to install and operate photo speed violation monitoring systems.\nIn selecting a highway construction or maintenance work area in which to\ninstall and operate a photo speed violation monitoring system, such\nchair shall consider criteria including, but not limited to, the speed\ndata, crash history, and roadway geometry applicable to such highway\nconstruction or maintenance work area. The New York state department of\ntransportation may enter into a memorandum of understanding with the\nbridge authority for the purposes of coordinating the planning, design,\nand installation of photo speed violation monitoring systems in such\nphoto speed violation monitoring demonstration program. Such memorandum\nshall address, for purposes of such demonstration program, the use of\nsystems, devices and other facilities owned and operated by the state.\n  3. No photo speed violation monitoring system shall be used in a\nhighway construction or maintenance work area unless (i) on the day it\nis to be used it has successfully passed a self-test of its functions;\nand (ii) it has undergone an annual calibration check performed pursuant\nto paragraph five of this subdivision. The commissioner or chair of the\nthruway authority, Triborough bridge and tunnel authority, or bridge\nauthority, as applicable, shall install signs giving notice that a photo\nspeed violation monitoring system is in use, in conformance with\nstandards established in the MUTCD.\n  4. 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 commissioner or the chair of\nthe thruway authority, Triborough bridge and tunnel authority, or bridge\nauthority, as applicable, shall retain each such daily log until the\nlater of the date on which the photo speed violation monitoring system\nto which it applies has been permanently removed from use or the final\nresolution of all cases involving notices of liability issued based on\nphotographs, microphotographs, video or other recorded images produced\nby such system.\n  5. 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\ncommissioner or the chair of the thruway authority, Triborough bridge\nand tunnel authority, or bridge authority, as applicable, shall keep\neach such annual certificate of calibration on file until the final\nresolution of all cases involving a notice of liability issued during\nsuch year which were based on photographs, microphotographs, videotape\nor other recorded images produced by such photo speed violation\nmonitoring system.\n  6. (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 commissioner or the chair of the thruway authority,\nTriborough bridge and tunnel authority, or bridge authority, as\napplicable, shows that they made reasonable efforts to comply with the\nprovisions 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 commissioner or chair of the thruway authority,\nTriborough bridge and tunnel authority, or bridge authority, as\napplicable, for the purpose of the adjudication of liability imposed\npursuant to this section and of the owner receiving a notice of\nliability pursuant to this section, and shall be destroyed by the\ncommissioner or chair of the thruway authority, Triborough bridge and\ntunnel authority, or bridge authority, as applicable, upon the final\nresolution of the notice of liability to which such photographs,\nmicrophotographs, videotape or other recorded images relate, or one year\nfollowing the date of issuance of such notice of liability, whichever is\nlater. Notwithstanding the provisions of any other law, rule or\nregulation to the contrary, photographs, microphotographs, videotape or\nany other recorded image from a photo speed violation monitoring system\nshall not be open to the public, nor subject to civil or criminal\nprocess or discovery, nor used by any court or administrative or\nadjudicatory body in any action or proceeding therein except that which\nis necessary for the adjudication of a notice of liability issued\npursuant to this section, and no public entity or employee, officer or\nagent thereof shall disclose such information, except that such\nphotographs, microphotographs, videotape or any other recorded images\nfrom 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 commissioner or chair of the thruway authority, Triborough\nbridge and tunnel authority, or bridge authority establishes a\ndemonstration program pursuant to subdivision (a) of this section, the\nowner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section if such vehicle was used or operated with the permission of\nthe owner, express or implied, within a highway construction or\nmaintenance work area located on a highway, the thruway, Triborough\nbridge and tunnel authority facilities or bridge authority facilities,\nas applicable in violation of paragraph two of subdivision (d) or\nsubdivision (f), or when other speed limits are in effect in violation\nof subdivision (b) or (g) or paragraph one of subdivision (d), of\nsection eleven hundred eighty of this article, such vehicle was\ntraveling at a speed of more than ten miles per hour above the posted\nspeed limit in effect within such highway construction or maintenance\nwork area, and such violation is evidenced by information obtained from\na photo speed violation monitoring system; provided however that no\nowner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section where the operator of such vehicle has been convicted of\nthe underlying violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this article.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n  1. "bridge authority" shall mean the New York state bridge authority\ncreated pursuant to section five hundred twenty-seven of the public\nauthorities law;\n  2. "bridge authority facility" shall mean the following bridges under\nthe jurisdiction of the New York state bridge authority: the Bear\nMountain bridge; the Newburgh Beacon bridge; the Mid-Hudson bridge; the\nKingston-Rhinecliff bridge; and the Rip Van Winkle bridge;\n  3. "chair" shall mean the chair of the thruway authority, the chair of\nthe bridge authority, or the president of the Triborough bridge and\ntunnel authority, as applicable;\n  4."commissioner" shall mean the commissioner of transportation;\n  5. "highway" shall mean a highway as defined by section one hundred\neighteen of this chapter under the commissioner's jurisdiction;\n  6. "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  7. "metropolitan transportation authority" shall mean the corporation\ncreated by section twelve hundred sixty-three of the public authorities\nlaw;\n  8. "owner" shall have the meaning provided in article two-B of this\nchapter;\n  9. "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 highway construction or\nmaintenance work area located on a highway, the thruway, Triborough\nbridge and tunnel authority facility or bridge authority facility in\nviolation of subdivision (b), (d), (f) or (g) of section eleven hundred\neighty of this article in accordance with the provisions of this\nsection;\n  10. "thruway authority" shall mean the New York state thruway\nauthority, a body corporate and politic constituting a public\ncorporation created and constituted pursuant to title nine of article\ntwo of the public authorities law;\n  11. "thruway" shall mean generally a divided highway under the\njurisdiction of the thruway authority for mixed traffic with access\nlimited as the authority may determine and generally with grade\nseparations at intersections;\n  12. "Triborough bridge and tunnel authority" shall mean the\ncorporation organized pursuant to section five hundred fifty-two of the\npublic authorities law; and\n  13. "Triborough bridge and tunnel authority facility" shall mean the\nfollowing bridges and tunnels under the jurisdiction of the Triborough\nbridge and tunnel authority: the Bronx-Whitestone bridge; the Cross Bay\nVeterans Memorial bridge; the Henry Hudson bridge; the Marine\nParkway-Gil Hodges Memorial bridge; the Robert F. Kennedy bridge; the\nThrogs Neck bridge; the Verrazzano-Narrows bridge; the Hugh L. Carey\ntunnel; and the Queens Midtown tunnel.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe commissioner or chair of the thruway authority, Triborough bridge\nand tunnel authority, or bridge authority, as applicable, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images produced by a photo speed violation\nmonitoring system, shall be prima facie evidence of the facts contained\ntherein. Any photographs, microphotographs, videotape or other recorded\nimages evidencing such a violation shall include at least two date and\ntime stamped images of the rear of the motor vehicle that include the\nsame stationary object near the motor vehicle and shall be available for\ninspection reasonably in advance of and at any proceeding to adjudicate\nthe liability for such violation pursuant to this section.\n  (e) An owner liable for a violation of subdivision (b), (d), (f) or\n(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 not to exceed fifty dollars for a first\nviolation, seventy-five dollars for a second violation both of which\nwere committed within a period of eighteen months, and one hundred\ndollars for a third or subsequent violation all of which were committed\nwithin a period of eighteen months; provided, however, that an\nadditional penalty not in excess of twenty-five dollars for each\nviolation may be imposed for the failure to respond to a notice of\nliability within the prescribed time period.\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), (d), (f) or (g) of section eleven hundred eighty of this article\npursuant to this section, within fourteen business days if such owner is\na resident of this state and within forty-five business days if such\nowner is a non-resident. Personal delivery on the owner shall not be\nrequired. 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), (d), (f) or (g) of section eleven hundred eighty of this article\npursuant 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 such 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\ncommissioner or chair as applicable, or by any other entity authorized\nby the commissioner or chair to prepare and mail such notice of\nliability.\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 where the violation\noccurred or, if there be none, by the court having jurisdiction over\ntraffic infractions where the violation occurred, except that if a city\nhas established an administrative tribunal to hear and determine\ncomplaints of traffic infractions constituting parking, standing or\nstopping violations such city may, by local law, authorize such\nadjudication by such tribunal and except that adjudication of liability\nimposed upon owners by this section for violations occurring in the city\nof New York shall be by the New York city 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), (d), (f) or (g) of section\neleven hundred eighty of this article pursuant to this section that the\nvehicle or the number plate or plates of such vehicle had been reported\nto the police as stolen prior to the time the violation occurred and had\nnot been recovered by such time. For purposes of asserting the defense\nprovided by this subdivision, it shall be sufficient that a certified\ncopy of the police report on the stolen vehicle or number plate or\nplates of such vehicle be sent by first class mail to the department of\ntransportation, thruway authority, Triborough bridge and tunnel\nauthority or bridge authority, as applicable, or to the traffic\nviolations bureau, court having jurisdiction or parking violations\nbureau. Nothing contained in this subdivision shall be deemed to\nprohibit an owner which submits a police report pursuant to this\nsubdivision to the department of transportation, thruway authority,\nTriborough bridge and tunnel authority or bridge authority, as\napplicable, from later submitting such report to the traffic violations\nbureau, court having jurisdiction or parking violations bureau as\nprovided by this subdivision.\n  (j) 1. Where the adjudication of liability imposed upon owners\npursuant to this section is by a traffic violations bureau or a court\nhaving jurisdiction, an owner who is a lessor of a vehicle to which a\nnotice of liability was issued pursuant to subdivision (g) of this\nsection shall not be liable for the violation of subdivision (b), (d),\n(f) or (g) of section eleven hundred eighty of this article pursuant to\nthis section, provided that the owner sends to the department of\ntransportation, thruway authority, Triborough bridge and tunnel\nauthority or bridge authority, as applicable, or to the traffic\nviolations bureau or court having jurisdiction a copy of the rental,\nlease or other such contract document covering such vehicle on the date\nof the violation, with the name and address of the lessee clearly\nlegible, within thirty-seven days after receiving notice from the bureau\nor court of the date and time of such violation, together with the other\ninformation contained in the original notice of liability. Failure to\nsend such information within such thirty-seven day time period shall\nrender the owner liable for the penalty prescribed by this section.\nWhere the lessor complies with the provisions of this paragraph, the\nlessee of such vehicle on the date of such violation shall be deemed to\nbe the owner of such vehicle for purposes of this section, shall be\nsubject to liability for the violation of subdivision (b), (d), (f) or\n(g) of section eleven hundred eighty of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section. Nothing contained in this paragraph shall be deemed\nto prohibit a lessor which submits information pursuant to this\nparagraph to the department of transportation, thruway authority,\nTriborough bridge and tunnel authority or bridge authority, as\napplicable, from later submitting such information to the traffic\nviolations bureau or court having jurisdiction as provided by this\nparagraph.\n  2. (i) In the city of New York and in any city which, by local law,\nhas authorized the adjudication of liability imposed upon owners by this\nsection by a parking violations bureau, an owner who is a lessor of a\nvehicle to which a notice of liability was issued pursuant to\nsubdivision (g) of this section shall not be liable for the violation of\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis 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) (1) within thirty-seven days after receiving notice from the\nbureau of the date and time of a liability, together with the other\ninformation contained in the original notice of liability, the lessor\nsubmits to the bureau the correct name and address of the lessee of the\nvehicle identified in the notice of liability at the time of such\nviolation, together with such other additional information contained in\nthe rental, lease or other contract document, as may be reasonably\nrequired by the bureau pursuant to regulations that may be promulgated\nfor such purpose; or\n  (2) no later than the time period prescribed by item one of this\nclause, the lessor submits to the department of transportation, thruway\nauthority, Triborough bridge and tunnel authority, or bridge authority,\nas applicable, a copy of the rental, lease or other such contract\ndocument covering such vehicle on the date of the violation, with the\nname and address of the lessee clearly legible. Nothing contained in\nthis item shall be deemed to prohibit a lessor which submits information\npursuant to this item to the department of transportation, thruway\nauthority, Triborough bridge and tunnel authority or bridge authority,\nas applicable, from later submitting such information to the bureau as\nprovided by item one of this clause.\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 (b), (d),\n(f) or (g) of section eleven hundred eighty of this article pursuant to\nthis section 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), (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), (d), (f)\nor (g) of section eleven hundred eighty of this article.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (b), (d),\n(f) or (g) of section eleven hundred eighty of this article.\n  (m) If the commissioner or chair of the thruway authority, Triborough\nbridge and tunnel authority, or bridge authority adopts a demonstration\nprogram pursuant to subdivision (a) of this section the commissioner or\nchair of the thruway authority, as applicable, shall conduct a study and\nsubmit a report on or before May first, two thousand twenty-four and on\nthe same date every two years thereafter in which the demonstration\nprogram is operable, and the chair of the Triborough bridge and tunnel\nauthority or bridge authority, as applicable, shall conduct a study and\nsubmit a report on or before May first, two thousand twenty-eight and on\nthe same date every two years thereafter in which the demonstration\nprogram is operable, on the results of the use of photo devices to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly. The commissioner or chair of the thruway authority, Triborough\nbridge and tunnel authority, or bridge authority, as applicable, shall\nalso make such reports available on their public-facing websites,\nprovided that they may provide aggregate data from paragraph one of this\nsubdivision if the commissioner or chair of the thruway authority,\nTriborough bridge and tunnel authority, or bridge authority, as\napplicable, finds that publishing specific location data would\njeopardize public safety. 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 highway construction or\nmaintenance work areas on highways, the thruway, Triborough bridge and\ntunnel authority facilities or bridge authority facilities, as\napplicable, to the extent the information is maintained by the\ncommissioner, the chair of the thruway authority, Triborough bridge and\ntunnel authority, or bridge authority, or the department of motor\nvehicles of this state;\n  3. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within highway construction or\nmaintenance work areas where photo speed violation monitoring systems\nwere used, to the extent the information is maintained by the\ncommissioner, the chair of the thruway authority, Triborough bridge and\ntunnel authority, or bridge authority, or the department of motor\nvehicles of this state;\n  4. the number of violations recorded within all highway construction\nor maintenance work areas on highways, the thruway, Triborough bridge\nand tunnel authority facilities or bridge authority facilities, in the\naggregate on a daily, weekly and monthly basis to the extent the\ninformation is maintained by the commissioner, the chair of the thruway\nauthority, Triborough bridge and tunnel authority, or bridge authority,\nor the department of motor vehicles of this state;\n  5. the number of violations recorded within each highway construction\nor maintenance work area where a photo speed violation monitoring system\nis used, in the aggregate on a daily, weekly and monthly basis;\n  6. to the extent the information is maintained by the commissioner,\nthe chair of the thruway authority, Triborough bridge and tunnel\nauthority, or bridge authority, or the department of motor vehicles of\nthis state, the number of violations recorded within all highway\nconstruction or maintenance work areas on highways, the thruway,\nTriborough bridge and tunnel authority facilities or bridge authority\nfacilities, 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 highway construction\nor maintenance work area where a photo speed violation monitoring system\nis 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, to\nthe extent the information is maintained by the commissioner, the chair\nof the thruway authority, Triborough bridge and tunnel authority, or\nbridge authority, or the department of motor vehicles of this state;\n  10. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems, to the extent the information is maintained by\nthe commissioner, the chair of the thruway authority, Triborough bridge\nand tunnel authority, or bridge authority, or the department of motor\nvehicles of this state;\n  11. the total amount of revenue realized by the state or the thruway\nauthority, Triborough bridge and tunnel authority, or bridge authority,\nas applicable, in connection with the program;\n  12. the expenses incurred by the state or the thruway authority,\nTriborough bridge and tunnel authority, or bridge authority, as\napplicable, in connection with the program;\n  13. an itemized list of expenditures made by the state, thruway\nauthority, Triborough bridge and tunnel authority, and the bridge\nauthority on work zone safety projects undertaken in accordance with\nsubdivisions eleven, twelve, fourteen and fifteen of section eighteen\nhundred three of this chapter; and\n  14. the quality of the adjudication process and its results, to the\nextent the information is maintained by the commissioner, the chair of\nthe thruway authority, Triborough bridge and tunnel authority, or bridge\nauthority, or the department of motor vehicles of this state.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis article pursuant to this section that such photo speed violation\nmonitoring system was malfunctioning at the time of the alleged\nviolation.\n  * NB Repealed October 6, 2031\n
N.Y. PBA Law § 1553 — New York Code / Act PBA / Article 7 / Title 7 / Section 1553
Bonds of the authority
Status: in_force

* § 1553. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds in conformity with applicable provisions of the uniform commercial\ncode for any purpose mentioned in section fifteen hundred forty-eight\nhereof, including the acquisition, construction, reconstruction and\nrepair of personal and real property of all kinds deemed by the board to\nbe necessary or desirable to carry out such purposes, as well as to pay\nsuch expenses as may be deemed by the board necessary or desirable to\nthe financing thereof and placing the project or projects in operation\nin the aggregate principal amount of not exceeding one million dollars\noutstanding at any one time. The authority shall have power from time to\ntime and whenever it deems refunding expedient, to refund any bonds by\nthe issuance of new bonds, whether the bonds to be refunded have or have\nnot matured, and may issue bonds partly to refund bonds then outstanding\nand partly for any other purpose hereinabove described. The refunding\nbonds may be exchanged for the bonds to be refunded, with such cash\nadjustments as may be agreed, or may be sold and the proceeds applied to\nthe purchase or payment of the bonds to be refunded. In computing the\ntotal amount of bonds of the authority which may at any time be\noutstanding the amount of the outstanding bonds to be refunded from the\nproceeds of the sale of new bonds or by exchange for new bonds shall be\nexcluded. Except as may otherwise be expressly provided by the\nauthority, the bonds of every issue shall be general obligations of the\nauthority payable out of any moneys or revenues of the authority,\nsubject only to any agreements with the holders of particular bonds\npledging any particular moneys or revenues.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, not exceeding five per centum per annum payable annually or\nsemi-annually, be in such denominations, be in such form, either coupon\nor registered, carry such registration privileges, be executed in such\nmanner, be payable in lawful money of the United States of America at\nsuch place or places and be subject to such terms of redemption, as such\nresolution or resolutions may provide. The bonds may be sold at public\nor private sale for such price or prices as the authority shall\ndetermine, but which shall not at the time of sale yield more than five\nper centum per annum.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) pledging all or any part of the revenues of a project or projects\nto secure the payment of the bonds, subject to such agreements with\nbondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section fifteen hundred sixty hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder said section or limiting the rights, duties and powers of such\ntrustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims, of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project or projects and the custody, safeguarding and\napplication of all moneys, and may provide that the project or projects\nshall be constructed and paid for under the supervision and approval of\nconsulting engineers. Notwithstanding the provisions of section fifteen\nhundred fifty-two of this title the authority may provide by such trust\nindenture for the payment of the proceeds of the bonds and the revenues\nof the project or projects to the trustee under such trust indenture or\nother depository, and for the method of disbursement thereof, with such\nsafeguards and restrictions as it may determine. All expenses incurred\nin carrying out such trust indenture may be treated as a part of the\ncost of maintenance, operation, and repairs of the project or projects.\nIf the bonds shall be secured by a trust indenture, the bondholders\nshall have no authority to appoint a separate trustee to represent them,\nand the trustee under such trust indenture shall have and possess all of\nthe powers which are conferred by section fifteen hundred sixty upon a\ntrustee appointed by bondholders.\n  * NB Dissolved December 1977\n  * NB There are 2 § 1553's\n
N.Y. ENV Law § 21-0709 — New York Code / Act ENV / Article 21 / Title 7 / Section 21-0709
Jurisdiction of courts
Status: in_force

§ 21-0709. Jurisdiction of courts.\n  Except as otherwise specifically provided herein, the phrase "court of\ncompetent jurisdiction" as used in the compact shall, with reference to\nthis state, mean the supreme court, and said court is hereby given all\nnecessary and appropriate jurisdiction to hear and determine any action\nor proceeding brought before it pursuant to appropriate provisions of\nthe compact. As used in subdivision six of section ten of article ten of\nthe compact, the phrase "court of competent jurisdiction" shall mean a\ncourt in which an appropriate proceeding under article seventy-eight of\nthe Civil Practice Law and Rules may be brought. As used in item one of\nparagraph (a) of subdivision one of section fourteen of article fourteen\nof the compact, the phrase "court of competent jurisdiction" shall mean\nany court of this state in which an action or proceeding of the class\nbrought by the Delaware river basin commission may be heard and\ndetermined.\n
N.Y. PBA Law § 1555*2 — New York Code / Act PBA / Article 7 / Title 7* / Section 1555*2
Conveyance of property by the village to the authority; acquisition of property by the village or by the authority
Status: in_force

* § 1555. Conveyance of property by the village to the authority;\nacquisition of property by the village or by the authority. 1. The\nvillage may, by resolution or resolutions of the village board of\ntrustees or by instruments authorized by such resolutions, convey, with\nor without consideration, to the authority real and personal property\nowned by the village for use by the authority as a project or projects\nor a part thereof. In case of real property so conveyed, the title\nthereto shall remain in the village but the authority shall have the use\nand occupancy thereof for so long as its corporate existence shall\ncontinue. In the case of personal property so conveyed, the title shall\npass to the authority.\n  2. The village may acquire in the name of the village by purchase or\ncondemnation real property in the village for any of the projects or for\nthe widening of existing roads, streets, avenues or highways or for new\nroads, streets, avenues or highways, within a radius of one mile to any\nof the projects, or partly for such purposes and partly for other\nvillage purposes, by purchase or condemnation in the manner provided by\nlaw for the acquisition of real property by the village. For like\npurposes, the village may close such streets, roads, avenues, or\nhighways as may be necessary or convenient, except as to state highways\nand arterial ways which may not be closed without the consent of the\nstate commissioner of transportation.\n  3. Contracts may be entered into between the village and the authority\nproviding for the property to be conveyed by the village to the\nauthority, the additional property to be acquired by the village and so\nconveyed, the streets, roads, avenues, and highways to be closed by the\nvillage and the amounts, terms and conditions of payment to be made by\nthe authority. Such contracts may also contain covenants by the village\nas to the road, street, avenue and highway improvements to be made by\nthe village. Any such contracts between the village and the authority\nmay be pledged by the authority to secure its bonds and may not be\nmodified thereafter except as provided by the terms of the pledge. The\nvillage board of trustees may authorize such contracts between the\nvillage and the authority and no other authorization on the part of the\nvillage for such contracts shall be necessary. Any such contracts may be\nso authorized and entered into by the village and in such manner as the\nvillage board of trustees may determine, and the payments required to be\nmade by the village may be made and financed notwithstanding that no\nprovision therefor shall have first been made in the capital budget of\nthe village. All contractual or other obligations of the village\nincurred in carrying out the provisions of this title shall be included\nin and provided for by each capital budget of the village thereafter\nmade, if and to the extent that they may appropriately be included\ntherein.\n  4. The authority may itself acquire real property for a project in the\nname of the village at the cost and expense of the authority by purchase\nor condemnation pursuant to the condemnation law or pursuant to the laws\nrelating to the condemnation of land by the village. The authority shall\nhave the use and occupancy of such real property so long as its\ncorporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project\nthen, if such real property was acquired at the cost and expense of the\nvillage, the authority shall have power to surrender its use and\noccupancy thereof to the village, or, if such real property was acquired\nat the cost and expense of the authority, then the authority shall have\npower to sell, lease or otherwise dispose of said real property at\npublic or private sale, and shall retain and have the power to use the\nproceeds of sale, rentals, or other moneys derived from the disposition\nthereof for its purposes.\n  * NB Dissolved December 31, 1977\n  * NB There are 2 § 1555's\n
N.Y. EDN Law § 6304 — New York Code / Act EDN / Title 7 / Article 126 / Section 6304
Financing of community colleges
Status: in_force

§ 6304. Financing of community colleges. 1. The master plan, standards\nand regulations prescribed by the state university trustees shall\ninclude provisions for financing the capital costs and operating costs\nof such colleges in the following manner:\n  a. State financial aid shall be one-third of the amount of operating\ncosts, as approved by the state university trustees. Operating costs\nshall not include any payment of debt service or rentals or other\npayments by a local sponsor to the dormitory authority pursuant to any\nlease, sublease or other agreement entered into between the dormitory\nauthority and a local sponsor. Such aid for a college shall, however, be\nfor two-fifths of operating costs for any fiscal year of the college\nduring which it is implementing a program of full opportunity provided a\nplan has been approved by the state university trustees. Such plan,\nwhich shall be submitted by the college only after approval by the board\nof trustees and the local sponsor or sponsors, shall\n  (i) establish a policy of offering acceptance in an appropriate\nprogram of the college to all applicants residing in the sponsorship\narea who graduated from high school within the prior year and to\napplicants who are high school graduates and who were released from\nactive duty with the armed forces of the United States within the prior\nyear;\n  (ii) provide for full implementation of such policy by the fall\nsemester of nineteen hundred seventy or, if the college demonstrates to\nthe state university trustees that full implementation by such time\nwould not be feasible and in the best interests of the college, provide\nfor a timetable to achieve such full implementation within five years\nwhich provides for substantial growth in registration each year;\n  (iii) make provision for and contain adequate assurances of the\nexpenditure of funds by the sponsor or sponsors at a level pursuant to\nstate university regulations, at least that necessary to implement the\nplan;\n  (iv) provide for adequate programs of remediation, instruction and\ncounselling to meet the needs of all students to be served by the\ncollege. The trustees may require periodic reports or certifications\nfrom colleges which have submitted plans which have been approved and\nmay, in appropriate cases, revoke such approval in case a college is in\ndefault of implementing its plan.\n  b. (i) Operating costs shall not include any payment of debt service\nor rentals or other payments by a local sponsor to the dormitory\nauthority pursuant to any lease, sublease or other agreement entered\ninto between the dormitory authority and a local sponsor. Such operating\ncosts shall be subject to such maximum limitations and joint regulations\nas shall be prescribed by both the city university trustees and the\nstate university trustees with the approval of the director of the\nbudget. Such limitations shall be based upon maximum allowances per\nstudent for each student in attendance in the case of operating costs,\nor in accordance with such other factors as may be deemed appropriate.\nOperating costs shall include courses offered for the purpose of\nproviding occupational training or assistance to business for the\ncreation and retention of job opportunities and for the improvement of\nproductivity, through contracts or arrangements between a community\ncollege and a business, labor organization, or not-for-profit\ncorporations or other nongovernmental organizations, including\nlabor-management committees composed of labor, business and community\nleaders organized to promote labor-management relations, productivity,\nthe quality of working life, industrial development, and retention of\nbusiness in the community.\n  (ii) By December thirty-first, nineteen hundred seventy-three, the\nstate university trustees shall develop a new formula for the financing\nof the operating costs of community colleges. Such formula may include\nmaximum limitations, regulations, and incentives to achieve compliance\nwith the code of standards and procedures for community colleges.\n  The state university trustees shall present to the governor proposed\nlegislation incorporating such formula into law for consideration during\nthe nineteen hundred seventy-four regular session of the legislature.\nThe state university trustees shall also present a detailed analysis of\nthe fiscal impact of such a formula on the state and on each community\ncollege within the state.\n  Such formula or the amended version thereof, upon enactment into law,\nshall replace any limitations and regulations then in existence\nconcerning the financing of community colleges promulgated pursuant to\nthis section.\n  (iii) The state university trustees shall, on or before December\nthirty-first in each year, make a report to the governor and legislature\nas to the status of community college programs and curricula provided\nfor in article one hundred twenty-six of this chapter. Such report shall\nalso contain recommendations for any revision or alteration in the\nformula for financing the operating costs of community colleges.\n  (iv) The state university trustees shall promulgate regulations,\neffective the first day of July, nineteen hundred seventy-four, which\nshall include a code of standards and procedures for the administration\nand operation of community colleges. Such code of standards and\nprocedures, may include, but not be limited to, minimum and maximum\nstandards for academic curricula, minimum and maximum qualitative and\nquantitative standards for facilities, and standard administrative\nprocedures, which may include schedules and formats for the preparation\nand submission of annual budgets by the boards of trustees and the local\nsponsors to the state university trustees, schedules for local sponsors'\ndisbursements to the community colleges of their provided shares of\noperating costs and systems of accounts for use by the boards of\ntrustees and the local sponsors of the community colleges. Such\nregulations may supplement, replace or amend any limitations and\nregulations then in existence promulgated pursuant to this section.\n  b-1. (i) Notwithstanding any provision of law to the contrary, for the\ncommunity college fiscal year two thousand thirteen--two thousand\nfourteen and thereafter, each program that confers a credit-bearing\ncertificate, an associate of occupational studies degree, or an\nassociate of applied science degree, shall demonstrate that it is\npreparing students for current and future job opportunities by\npartnering with employers as follows:\n  (A) The program is a partnership between the community college and one\nor more employers to train and employ students in a specific occupation;\n  (B) The program has an advisory committee made up of members of whom\nthe majority are employers in the occupation or sector, or a related\nsector, or is otherwise advised by one or more employers in the\noccupation or sector, that employ or will employ workers in the region\nwhere the community college is located, and such committee serves to\nadvise the community college on the program's curriculum, recruitment,\nplacement and evaluation so that it remains up-to-date with employer\nneeds; or\n  (C) The program is in a high-tech sector and is in demand for current\nor projected job growth, including those sectors identified by the\nregional economic development council, and is advised by current or\npotential future employers in the occupation or sector.\n  (ii) On or before January first, two thousand fourteen for the\ncommunity college fiscal year two thousand thirteen--two thousand\nfourteen, November first, two thousand fourteen for the community\ncollege fiscal year two thousand fourteen--two thousand fifteen and\nNovember first of each community college fiscal year thereafter, the\nstate university trustees and the city university trustees shall each\nsubmit a job linkage report to the director of the budget, the chairs of\nthe senate and assembly higher education committees and the chair of the\nsenate finance committee and the chair of the assembly ways and means\ncommittee, including an accounting of full time equivalent enrollment in\nprograms that confer credit-bearing certificates, associate of\noccupational studies degrees, or associate of applied science degrees,\nin such a form and manner as the director of the budget may require to\nverify compliance with subparagraph (i) of this paragraph.\n  b-2. (i) Notwithstanding any provision of law to the contrary, within\namounts appropriated for incentive funding, the state university of New\nYork and city university of New York shall make awards to community\ncolleges from the next generation NY job linkage program incentive fund\nbased on measures of student success for all students enrolled in\nprograms that confer a credit-bearing certificate, an associate of\noccupational studies degree, or an associate of applied science degree,\nincluding, but not limited to:\n  (A) The number of students who are employed following degree or\ncertificate completion and their wage gains, if any, as determined by\nthe department of labor, which shall be given the greatest weighting\namong all measures of student success;\n  (B) The number of degree completions, certificate completions and\nstudent transfers to other institutions of higher education;\n  (C) The number of degree and certificate completions under clause (B)\nof this paragraph by students considered academically at-risk due to\neconomic disadvantage or other factor of under-representation within the\nfield of study; veterans; and the disabled;\n  (D) The number of students who make adequate progress towards\ncompletion of a degree or certificate, which may include accelerated\ncompletion of a developmental education program;\n  (E) The number of degree completions in innovative programs designed\nto enable students to balance school, work and other personal\nresponsibilities; and\n  (F) The number of students engaged in career and employment\nopportunities including apprenticeships, cooperative education programs\nor other paid work experience that is an integral part of their academic\nprogram.\n  (ii) Awards shall be made on a pro-rata basis in accordance with a\nmethodology and in a form and manner developed by the director of the\nbudget, in consultation with the state university and city university.\n  (iii) On or before December first of each year, or an alternative date\nas determined by the director of the budget in consultation with the\nstate university and city university, the state university trustees and\nthe city university trustees shall each submit a plan for approval by\nthe director of the budget to allocate amounts available for the next\ngeneration NY job linkage program incentive fund in accordance with this\nparagraph.\n  c. The local sponsor or sponsors shall provide one-half of the amount\nof the capital costs, or so much as may be necessary, and one-third or,\nin the case of a college implementing a program of full opportunity for\nlocal residents, four-fifteenths of the operating costs, or so much as\nmay be necessary, by appropriations from general revenues or from funds\nderived from special tax levies earmarked in part or whole for such\npurposes, by the use of gifts of money or, with the consent of the state\nuniversity trustees, by the use of property, gifts of property or by the\nfurnishing of services or, where a community college region is the local\nsponsor, in the manner provided by section sixty-three hundred ten of\nthis chapter. Where the local sponsor or sponsors provide all or a\nportion of its or their share of capital or operating costs in real or\npersonal property or in services, the valuation of such property and\nservices for the purpose of determining the amount of state aid shall be\nmade by the state university trustees with the approval of the director\nof the budget. Local sponsors and, in the case of community college\nregions, any county, city or school district which has appointed members\nto a community college regional board of trustees may authorize the\nissuance of bonds or notes pursuant to the provisions of the local\nfinance law to provide any portion or all of its requisite share of such\ncosts for which a period of probable usefulness has been established in\nthe local finance law. Where a county or city is the local sponsor of a\ncommunity college, or appoints members to a community college regional\nboard of trustees, the expenditures of the county or city for the\ncollege, or community college region, shall be a purpose of the county\nor city provided, however, that taxes to pay the local sponsor's share\nof operating costs, or the operating shares of the community college\nregion charged to the county, may be charged back to the cities and\ntowns in the county in proportion to the number of students attending\nthe community college each term who were residents of each such city or\ntown at the beginning of such term.\n  Notwithstanding any provision of law to the contrary, in the case of\ncommunity college regions, a community college regional board of\ntrustees as finance board of the region may authorize the issuance of\nbonds, notes or other evidence of indebtedness or the effectuation of a\nfinancing transaction by the community college region with the dormitory\nauthority pursuant to the provisions of article eight of title four of\nthe public authorities law to provide all or any portion of such costs\nfor which a period of possible usefulness has been established in the\nlocal finance law. Notwithstanding any other provision of law, the\ncommunity college region shall itself have the power to borrow money for\nspecific objects or purposes or a class or classes of objects or\npurposes described in section 11.00 of the local finance law by\nadoption, by two-thirds of the voting strength of the regional board of\ntrustees thereof, of a bond resolution as described in section 32.00 of\nthe local finance law and shall include the recitation described in\nsection 80.00 of the local finance law. Said bond resolution shall\ninclude the power to enter into financing transactions with the\ndormitory authority in accordance with the provisions of article eight\nof title four of the public authorities law. Upon adoption and receipt\nof the approvals described in subdivision ten of section sixty-three\nhundred ten of this article, the community college region shall publish\na legal notice of estoppel as described in section 81.00 of the local\nfinance law, which shall be applicable to said bond resolution. A\ncommunity college region is hereby authorized to pledge any revenues or\nother monies to the payment of any obligations issued, or any financing\nagreement entered into with the dormitory authority.\n  d. Tuition and fees charged students shall be fixed so as not to\nexceed in the aggregate more than one-third of the amount of operating\ncosts of the community college.\n  1-b. For the purpose of budgeting and expending funds and for the\npurpose of determining eligibility for state financial aid for operating\ncosts pursuant to subdivision one of this section, subject to rules and\nregulations of the state university trustees and the approval of the\ndirector of the budget, the community colleges in the city of New York\nsponsored by the board of higher education or by the city of New York\nwhere the board of higher education has been designated as the trustees\nof such colleges, shall be treated as a single community college.\n  2. Community colleges shall be empowered and authorized through their\nboards of trustees, to accept gifts, grants, bequests and devises\nabsolutely or in trust for such purposes as may be appropriate or proper\nfor effectuating the programs and objectives of such colleges.\n  3. Nothing herein contained shall be construed to prevent any local\nsponsor or sponsors from creating and operating community colleges which\nexceed maximum cost limitations or allowances prescribed by the state\nuniversity trustees, provided however, that the excess costs over such\nprescribed limits or allowances shall be borne and paid for or otherwise\nmade available to or by such sponsors.\n  4. Where two or more local sponsors jointly establish and operate a\ncommunity college, the local share of the capital costs shall be\napportioned among them according to their respective equalized assessed\nvaluations or such other factors or bases as may be provided or\nprescribed in the plans, standards and regulations prescribed by the\nstate university trustees. The local share of the operating expenses\nshall be apportioned among such joint sponsors in accordance with the\nnumber of students who are residents of their respective areas, or such\nother factors as may be prescribed in the plans, standards and\nregulations by the state university trustees.\n  5. Any community college may, with the consent and approval of its\nlocal legislative body or board, community college regional board of\ntrustees, or other appropriate governing agency, and the state\nuniversity trustees, require lesser tuition charges or fees from persons\nwho are residents of the sponsoring community, communities or community\ncollege region than the amount necessary in the aggregate to provide\none-third of the operating costs, or provide tuition to such persons\nwithout charge, provided that the local legislative body or board,\ncommunity college regional board of trustees or other appropriate\ngoverning agency appropriates sufficient funds, or sufficient funds are\nmade available from other sources to provide the amount which would\nnormally be provided by such tuition and fees. Each community college\nshall provide that upon request by a student who is an eligible veteran\nthe payment of tuition and fees, less the amounts payable for such\npurposes from scholarships or other financial assistance awarded said\nveteran pursuant to article thirteen of this chapter, article one\nhundred thirty of this chapter or any other community college, state or\nfederal financial aid program, shall be deferred in such amounts and\nuntil such times as the several payments of veterans' benefits under the\nVeterans' Readjustment Benefit Act of l966, as amended, are received by\nthe veteran, provided that the veteran has filed a claim for such\nbenefits and presents to the community college proof of eligibility,\nextent of entitlement to benefits and the need for deferral until the\nreceipt of such benefits.\n  5-a. Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the fiscal year of a community college other than\nin the city of New York and other than one sponsored by a school\ndistrict, shall begin with the first day of September and end with the\nthirty-first day of August in each year. All of the provisions of law\nfixing times or dates within which or by which certain acts shall be\nperformed in relation to the preparation and adoption of the budget of a\ncity or a county, including but not limited to submission of a budget\nestimate, filing of a tentative budget, public hearing and adoption of a\nbudget, shall apply to the budget of a community college sponsored by\nsuch city or county but shall be correspondingly changed, as to time, to\nrelate to the commencement of the fiscal year of the community college;\nprovided, however, that after the budget for the community college shall\nhave been adopted, the local legislative body or board or other\nappropriate governing body shall provide for the raising of taxes\nrequired by such budget, without any decrease in amount, in the same\nmanner and at the same time prescribed by law for the annual levy of\ntaxes by or for the city or county. All of the provisions of law fixing\ntimes and dates within which or by which certain acts shall be performed\nin relation to the preparation and adoption of the budget of a school\ndistrict shall apply to the budget of a community college sponsored by a\nschool district. The provisions of this subdivision shall not apply to\ncommunity college regions.\n  5-b. Moneys raised by taxation for maintenance of a community college\nand moneys received from all other sources for purposes of the community\ncollege, other than in the city of New York, shall be kept separate and\ndistinct from any other moneys of the sponsor or sponsors and shall not\nbe used for any other purpose. The amount of taxes levied for\nmaintenance of a community college shall be credited thereto and made\navailable therefor within the fiscal year of such community college. The\nprovisions of this subdivision shall not apply to community college\nregions.\n  6. The local legislative body or board, or other appropriate governing\nagency, other than a community college regional board of trustees, shall\nprovide the local sponsor's share of the community college operating and\ncapital costs in conformance with such sponsor's annual budgetary\nappropriation, and shall direct that payment of all appropriations for\nmaintenance of the college be made to the board of trustees of the\ncollege for expenditure by the board, subject to the terms and\nconditions of such appropriations appearing in such budget and to such\nregulations regarding the custody, deposit, audit and payment thereof as\nsuch local legislative body or board, or other appropriate governing\nagency, may deem proper to carry out the terms of the budget; provided\nthat any local sponsor which, as of January first, nineteen hundred\neighty-eight, provided for audit and payment of charges against the\ncommunity college in the same manner as it provides for other charges\nagainst the local sponsor, may continue to do so for a period not to\nextend beyond September first, nineteen hundred eighty-nine.\n  Such local legislative body or board, or other appropriate governing\nagency, shall authorize the board of trustees of the college to elect a\ntreasurer, establish a bank account or accounts in the name of the\ncollege and deposit therein moneys received or collected by the college,\nincluding moneys appropriated and paid by the local sponsor, moneys\nreceived from tuition, fees, charges, sales of products and services,\nand from all other sources. The board of trustees of the college shall,\nsubject to the requirements specified in or imposed pursuant to this\nsubdivision, authorize the treasurer to pay all proper bills and\naccounts of the college, including salaries and wages, from funds in its\ncustody. The treasurer shall execute a bond or official undertaking to\nthe board of trustees of the college in such sum and with such sureties\nas that board shall require, the expense of which shall be a college\ncharge.\n  The board of trustees of the college similarly shall authorize the\ntreasurer to establish and maintain petty cash funds, not in excess of\ntwo hundred dollars each, for specified college purposes or\nundertakings, from which may be paid, in advance of audit, properly\nitemized and verified or certified bills for materials, supplies or\nservices furnished to the college for the conduct of its affairs and\nupon terms calling for the payment of cash to the vendor upon the\ndelivery of any such materials or supplies or the rendering of any such\nservices. Lists of all expenditures made from such petty cash funds\nshall be presented to the board of trustees at each regular meeting\nthereof, together with the bills supporting such expenditures, for audit\nand the board shall direct reimbursement of such petty cash funds from\nthe appropriate budgetary item or items in an amount equal to the total\nof such bills which it shall so audit and allow. Any of such bills or\nany portion of any of such bills as shall be disallowed upon audit shall\nbe the personal responsibility of the treasurer and such official shall\nforthwith reimburse such petty cash fund in the amount of such\ndisallowances.\n  The board of trustees of the college shall provide for periodic audits\nof all accounts maintained at its direction and render such reports\nrespecting any and all receipts and expenditures of the college as the\nlocal legislative body or board, or other appropriate governing agency,\nmay direct.\n  7. The board of trustees of the college, or the community college\nregional board of trustees may require any bank or banker in which\ncommunity college moneys are on deposit or are to be deposited to file\nwith the board a surety bond payable to the college executed by a surety\ncompany authorized to transact business in this state and securing to\nthe college the payment of such deposits and the agreed interest\nthereon, if any. In lieu of a surety bond, the board may require any\nsuch bank or banker to deposit with it outstanding unmatured obligations\nof the United States of America, the state of New York, or of any\nmunicipality or college of the state of New York, as security for such\nmoneys so deposited; but such obligations shall be subject to the\napproval of the board and shall be deposited in such place and held\nunder such conditions as the board may determine. Every depositary of\ncollege moneys is hereby authorized and empowered to secure deposits of\nsuch moneys as provided in this subdivision.\n  8. a. The state shall, in addition to any other funds that may be\nappropriated for assistance to community colleges, annually appropriate\nand pay\n  (i) to the local sponsor of each community college, except a community\ncollege where the local sponsor has entered into an agreement with the\ndormitory authority to finance and construct a community college\nfacility, an amount equal to the aggregate of all rentals and all\npayments due and payable to the dormitory authority pursuant to any\nlease, sublease, or other agreement entered into between the dormitory\nauthority and such local sponsor, whether or not such local sponsor\nshall be liable therefor, for each twelve-month period beginning on the\nnext succeeding July first, and\n  (ii) to the local sponsor of each community college where the local\nsponsor has entered into an agreement with the dormitory authority to\nfinance and construct a community college facility, an amount equal to\none-half of all rentals and all payments due and payable to the\ndormitory authority pursuant to any lease, sublease, or other agreement\nentered into between the dormitory authority and such local sponsor,\nwhether or not such local sponsor shall be liable therefor, for each\ntwelve-month period beginning on the next succeeding July first,\nprovided, however, if such a local sponsor shall thereafter agree to\nfinance the costs of providing all or part of a community college\nfacility the state shall, instead, annually appropriate and pay to such\nlocal sponsor an amount equal to that portion of all rentals and all\npayments due and payable to the dormitory authority during the\ntwelve-month period beginning on the next succeeding July first pursuant\nto any lease, sublease or other agreement providing for such financing\nwhich portion represents the state's share (one-half) of the cost of\neach facility being financed, whether or not the local sponsor shall be\nliable to pay such rentals and payments, and\n  (iii) to the local sponsor of each community college which has\nfinanced the entire capital cost of constructing a community college\nfacility, an amount equal to one-half of the annual debt service on\nobligations issued by such local sponsor for the purpose of constructing\nsuch facility. No local sponsor of a community college shall be eligible\nfor assistance pursuant to the provisions of this paragraph unless: (a)\na first instance appropriation has been enacted into state law prior to\nthe commencement of construction; and (b) the state comptroller has\napproved the interest rate of any and all obligations issued by such\nlocal sponsor after July twenty-fourth, nineteen hundred seventy-six to\nfinance the cost of such facility prior to the issuance of such\nobligations; and (c) all contracts for the construction of such facility\nentered into by such local sponsor after July twenty-fourth, nineteen\nhundred seventy-six have been approved by the director of the budget\nprior to the awarding of such contracts.\n  (iv) notwithstanding any other provision of this paragraph to the\ncontrary, if the dormitory authority and the state university of New\nYork shall have entered into an agreement pursuant to subdivision\ntwenty-one of section sixteen hundred seventy-eight of the public\nauthorities law and paragraph x of subdivision two of section three\nhundred fifty-five of this chapter, the amounts otherwise payable to the\nlocal sponsors of the community colleges pursuant to this subparagraph\non account of the state's share of the cost of each facility being\nfinanced shall be payable to the dormitory authority in accordance with\nsubdivision five of section ninety-seven-p of the state finance law.\n  b. For the purposes of this subdivision, all references to the local\nsponsor of a community college shall be deemed, in the case of community\ncollege regions, to refer to those counties, cities or school districts\nwhich have appointed members to a community college regional board of\ntrustees.\n  c. For purposes of this subdivision, the reference to the local\nsponsor of a community college may be deemed, in the case of a community\ncollege region, to alternatively refer to the community college regional\nboard of trustees thereof.\n  9. a. Where construction of a community college facility has commenced\npursuant to the provisions of a lease, sublease or other agreement with\nthe dormitory authority or prior to July twenty-fourth, nineteen hundred\nseventy-six, the local sponsor of such community college may elect to\nfinance the entire capital cost of constructing such facility pursuant\nto the provisions of subdivision ten of this section, provided, however,\nthat the proceeds of obligations issued by such local sponsor to finance\nthe capital cost of constructing such facility may be paid to the\ndormitory authority to the extent of amounts owing under a lease,\nsublease or other agreement with the dormitory authority entered into by\nsuch local sponsor with respect to such facility, and provided further\nthat any such local sponsor which elected to refinance the entire\ncapital cost of constructing a community college facility pursuant to\nthe provisions of this subdivision, may, at the time it enters into\npermanent financing of such facility, elect to do so pursuant to the\nprovisions of the dormitory authority act or subdivision ten of this\nsection.\n  b. For the purposes of this subdivision, all references to the local\nsponsor of a community college shall be deemed, in the case of community\ncollege regions, to refer to those counties, cities or school districts\nwhich have appointed members to a community college regional board of\ntrustees.\n  10. a. Each local sponsor of a community college shall have full power\nand authority to finance all or a portion of the capital costs of a\ncommunity college facility pursuant to the provisions of the local\nfinance law and to expend the proceeds therefrom to pay such costs.\n  b. For the purposes of this subdivision, the reference to the local\nsponsor of a community college shall be deemed, in the case of community\ncollege regions, to refer to those counties, cities or school districts\nwhich have appointed members to a community college regional board of\ntrustees.\n  c. A community college region shall have full power and authority to\nfinance all or a portion of the capital costs of a regional community\ncollege facility pursuant to the provisions of article eight of title\nfour of the public authorities law and to expend the proceeds therefrom\nto pay such costs.\n  11. a. The following terms, when used or referred to in this\nsubdivision, shall have the following meaning:\n  (i) "Credit card" means any credit card, credit plate, charge card,\ncharge plate, courtesy card, debit card, other identification card,\nvalue transfer device as defined by the state comptroller or device\nissued by a person to another person which may be used to obtain a cash\nadvance or a loan or credit, or to purchase or lease property or\nservices on the credit of the person issuing the credit card or a person\nwho has agreed with the issuer to pay obligations arising from the use\nof a credit card issued to another person.\n  (ii) "Card issuer" means an issuer of a credit card, charge card or\nother value transfer device.\n  (iii) "Financing agency" means any agency defined as such in\nsubdivision eighteen of section four hundred one of the personal\nproperty law.\n  (iv) "Person" means an individual, partnership, corporation or any\nother legal or commercial entity.\n  b. The board of trustees of any community college may determine, by\nresolution, that it is in the public interest to authorize such\ncommunity college to enter into agreements with one or more financing\nagencies or card issuers to provide for the acceptance, by such officers\nof the community college as may be designated pursuant to this\nsubdivision, of credit cards as a means of payment of tuition, expenses,\nfees, charges, revenue, financial obligations or other amounts owed by\nstudents to the community college. Any such agreement shall govern the\nterms and conditions upon which a credit card proffered as a means of\npayment of tuition, expenses, fees, charges, revenue, financial\nobligations or other amounts shall be accepted or declined and the\nmanner in and conditions upon which the financing agency or card issuer\nshall pay to such community college the amount of tuition, expenses,\nfees, charges, revenue, financial obligations or other amounts paid by\nmeans of a credit card pursuant to such agreement. Any such agreement\nmay provide for the payment by such community college to such financing\nagency or card issuer of fees for the services provided by such\nfinancing agency or card issuer pursuant to such agreement, which fees\nmay consist of a discount deducted from or payable in respect of the\namount of each such tuition, expense, fee, charge, revenue, financial\nobligation or other amount. If fees are paid by such a discount, they\nshall be post-audited by the officer or board of the community college\nresponsible for auditing claims against the community college.\n  c. Any community college which has entered into an agreement with a\nfinancing agency or card issuer as authorized by this subdivision may\naccept credit cards as a means of payment of tuition, expenses, fees,\ncharges, revenue, financial obligations or other amounts, as provided in\nsuch agreement and may pay such fees as are specified in such agreement\nto such financing agency or card issuer in consideration of the services\nrendered by such financing agency or card issuer thereunder.\nNotwithstanding any other provision of law to the contrary, it shall be\nthe option of the board of trustees of the community college to require,\nas a condition of accepting payment by credit card, that such person\noffering payment by credit or charge card pay a service fee to the\ncommunity college not exceeding costs incurred by the community college\nin connection with the credit or charge card payment transaction,\nincluding any fee owed by the community college to the financing agency\nor card issuer arising from that transaction.\n  d. Contracts entered into pursuant to this subdivision between\ncommunity college and financing agencies or card issuers shall be\nawarded in accordance with the community college's written internal\npolicies and procedures governing procurements.\n  e. The underlying debt, lien, obligation, bill, account or other\namount owed by the student to the community college for which payment by\ncredit card is accepted by the community college shall not be expunged,\ncancelled, released, discharged or satisfied, and any receipt or other\nevidence of payment shall be deemed conditional, until the community\ncollege has received final and unconditional payment of the full amount\ndue from the financing agency or card issuer for such credit card\ntransaction.\n  f. The board of trustees, in enacting a resolution pursuant to this\nsubdivision, shall designate which of its officers, charged with the\nduty of collecting or receiving moneys on behalf of the community\ncollege, shall be authorized to accept credit cards as a means of\npayment of tuition, expenses, fees, charges, revenue, financial\nobligations and other amounts.\n  g. Under circumstances where community colleges are otherwise\nauthorized by law to contract for the collection of tuition, expenses,\nfees, charges, revenue, financial obligations or other amounts, such\ncontract shall provide that the contractor accept credit cards as a\nmechanism for payment.\n  12. a. Notwithstanding any other law to the contrary, whenever an\nofficer of a community college is authorized pursuant to law to disburse\nor transfer on behalf of the community college funds in the custody of\nthe officer, that officer shall be authorized to disburse or transfer\nsuch funds by means of electronic or wire transfer. Such disbursement\nshall be otherwise subject to applicable laws, provided that:\n  (i) the board of trustees of the community college has entered into a\nwritten agreement with the bank or trust company in which such funds\nhave been deposited, prescribing the manner in which electronic or wire\ntransfer of such funds shall be accomplished, identifying by number and\nname those accounts from which electronic or wire transfers may be made,\nidentifying which officer or officers are authorized to order the\nelectronic or wire transfer of funds from those accounts, and\nimplementing a security procedure as defined in section 4-A-201 of the\nuniform commercial code; and\n  (ii) the bank or trust company processing the transfer shall provide\nto the officer ordering the electronic or wire transfer of funds written\nconfirmation of each such transaction no later than the business day\nfollowing the day on which the funds are transmitted.\n  b. It shall be the duty of the board of trustees of the community\ncollege to adopt a system of internal controls for the documentation and\nreporting of all transfers or disbursements of funds accomplished by\nelectronic or wire transfer.\n  13. a. The board of trustees of any community college may determine,\nby resolution, that it is in the public interest and authorize such\ncommunity college to provide for the acceptance of tuition, expenses,\nfees, charges, revenue, financial obligations or other amounts via a\ncommunity college internet website. However, submission via the internet\nmay not be required as the sole method for the collection of tuition,\nexpenses, fees, charges and other amounts. Such payments shall be\naccepted via the internet in a manner and condition defined by such\ncommunity college. Any method used to receive internet payments shall\ncomply with article one of the state technology law and any rules and\nregulations promulgated and guidelines developed thereunder and, at a\nminimum must:\n  (i) authenticate the identity of the sender; and\n  (ii) ensure the security of the information transmitted.\n  b. Payments received via the internet shall be considered received by\nthe appropriate officer and paid by the payor at the time the internet\ntransaction is completed and sent by the payor.\n  c. The underlying debt, lien, obligation, bill, account or other\namount owed by the student to the community college for which payment by\ninternet is accepted by the community college shall not be expunged,\ncancelled, released, discharged or satisfied, and any receipt or other\nevidence of payment shall be deemed conditional, until the community\ncollege has received final and unconditional payment of the full amount\ndue.\n  d. The board of trustees, in enacting a resolution pursuant to this\nsubdivision, shall designate which of its officers, charged with the\nduty of collecting or receiving moneys on behalf of the community\ncollege, shall be authorized to accept such payments via the internet.\n
N.Y. PBA Law § 1174-F — New York Code / Act PBA / Article 5 / Title 7-A / Section 1174-F
Powers of the authority
Status: in_force

§ 1174-f. Powers of the authority. Except as otherwise limited by this\ntitle, the authority shall have the power to:\n  1. sue and be sued;\n  2. have a seal and alter the same at pleasure;\n  3. borrow money and issue negotiable or non-negotiable notes, bonds,\nor other obligations and to provide for the rights of the holders\nthereof;\n  4. enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. acquire, by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold and use and to sell, lease as lessor, transfer or otherwise\ndispose of, any real or personal property or any interest therein,\nwithin or without the district, as the authority may deem necessary,\nconvenient or desirable to carry out the purpose of this title;\nprovided, however, that the authority may not condemn real property of a\nmunicipality without the consent of the governing body of such\nmunicipality;\n  6. purchase, in the name of the authority, any water supply system,\nincluding plants, works, instrumentalities or parts thereof and\nappurtenances thereto, lands, easements, rights in land and water\nrights, rights-of-way, contract rights, franchises, permits, approaches,\nconnections, dams, wells, pumps, reservoirs, water mains and pipe lines,\npumping stations, treatment facilities, meters, equipment and inventory,\nor any other property incidental to and included in such system or part\nthereof, and any improvements, extensions and betterments, situated\nwholly within the district, provided, however, that the authority shall\nhave the power to purchase any source of supply, or water supply system\nor any part thereof situated wholly or partly without the territorial\nlimits of the district, provided same shall be necessary in order to\nsupply water within the district; and in connection with the purchase of\nsuch properties the authority may assume any obligations of the owner of\nsuch properties and, to the extent required by the terms of any\nindentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform covenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner of any properties, which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance of all public duties with respect to such properties with\nwhich such owner was charged and such owner shall become discharged from\nthe performance thereof, as a means of so acquiring for such purpose,\nthe authority may purchase all of the stock of any existing privately\nowned water corporation or company and in the case of a sale or other\ntransfer of properties of a public utility corporation pursuant to this\nprovision, upon the purchase of the stock of such corporation or company\nit shall be lawful to dissolve such corporation within a reasonable\ntime;\n  7. construct, improve or rehabilitate water supply facilities required\nfor the maintenance, development or expansion of water supply sources;\n  8. operate and manage and to contract for the operation and management\nof facilities of the authority;\n  9. enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed\nand operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n  11. take all necessary and reasonable actions within the district to\nconserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n  12. retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice;\n  13. make plans and studies necessary, convenient or desirable for the\neffectuation of the purposes and powers of the authority and to prepare\nrecommendations in regard thereto;\n  14. prepare a water supply emergency plan which shall include, but not\nbe limited to, the following:\n  (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system;\n  (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions;\n  (c) system capacity and ability to meet peak demand and fire flows\nconcurrently;\n  (d) storage capacities;\n  (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency;\n  (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan;\n  (g) general water conservation programs and water use reduction\nstrategies for water supply users;\n  (h) prioritization of water users;\n  (i) identification and availability of emergency equipment needed\nduring a water supply emergency; and\n  (j) public notification program coordinated with the phased\nimplementation schedule; such plan shall not be adopted until a public\nhearing on such plan shall have been held, upon not less than fourteen\ndays' notice thereof to each customer, either by mail or by publication\nonce in a newspaper having general circulation within the district;\nevery five years, such plan shall be reviewed and revised if necessary\nafter a public hearing, with notice to each customer as aforesaid;\n  15. enter upon such lands, waters, or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  16. apply for and to accept any gifts or grants or loans of funds or\nproperty or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  17. obtain, store, treat, distribute, supply and sell water for\ndomestic, commercial and public purposes at retail to individual\nconsumers within the district;\n  18. purchase water from any municipal corporation, town water\ndistrict, person, association or corporation;\n  19. produce, develop, distribute and sell water or water services\nwithin or without the territorial limits of the district; provided,\nhowever, that water may be sold at retail to individual consumers only\nwithin the district and further provided that in exercising the powers\ngranted by this title, the authority shall not sell water in any area\nwhich is served by a water system owned or operated by a municipality or\nspecial improvement district unless the governing body of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water in such served areas;\n  20. make bylaws for the management and regulation of its affairs and\nrules and regulations for the conservation, preservation and protection\nof the authority's water supply and, subject to agreements with\nbondholders, rules for the sale of water and the collection of rents and\ncharges therefor. A copy of such rules, regulations and bylaws and any\nrules and regulations adopted pursuant to subdivision eleven of this\nsection, and all amendments thereto, duly certified by the secretary of\nthe authority shall be filed in the office of the municipalities within\nthe district and thereafter published once in a newspaper having general\ncirculation within the district. Violation of such rules and regulations\nshall be punishable by fine, not exceeding fifty dollars, or by\nimprisonment for not longer than thirty days, or both;\n  21. fix rates and collect charges for the use of the facilities of, or\nservices rendered by, or any commodities furnished by the authority such\nas to provide revenues sufficient at all times to pay, as the same shall\nbecome due, the principal and interest on the bonds, or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due,\nthe expense of operating and maintaining the properties of the authority\ntogether with proper maintenance reserves, capital reserves, repair\nreserves, tax stabilization reserves and other contingency reserves, and\nall other obligations and indebtedness of the authority; however, no\nsuch rates or charges shall be changed until a public hearing on such\nchanges shall have been held upon not less than fourteen days' notice\nthereof to each customer, either by mail or by publication once in a\nnewspaper having general circulation within the district;\n  22. enter into cooperative agreements with other authorities,\nmunicipalities, counties, cities, towns, villages, water districts,\nutility companies, individuals, firms or corporations, within or without\nthe territorial limits of the district for the interconnection of\nfacilities, the exchange or interchange of services and commodities, the\nconservation, preservation and protection of the authority's water\nreserve as it is affected within and outside the authority's supply\narea, and, within the territorial limits of the district, to enter into\na contract for the construction, operation and maintenance of a water\nsupply and distribution system by the authority for any municipality\nhaving power to construct and develop a water supply and distribution\nsystem, upon such terms and conditions as shall be determined to be\nreasonable including, but not limited to the reimbursement of all costs\nof such construction, or for any other lawful purposes necessary or\ndesirable to effect the purposes of this title;\n  23. provide for the discontinuance or disconnection of the supply of\nwater for nonpayment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any supply of water shall not be carried out except in the manner and\nupon the notice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law;\n  24. contract for, provide and maintain such insurance as it deems\nnecessary or reasonable to:\n  (a) secure and protect its real and personal property from fire, theft\nor other calamity or loss;\n  (b) secure and protect it against liability imposed by law for damages\nor injuries to persons or property;\n  (c) secure and protect it against any liability which may be imposed\npursuant to section eighteen of the public officers law; and\n  (d) secure and protect it against any other liability, casualty or\nloss as it deems necessary or reasonable; and\n  25. do all things necessary, convenient or desirable to carry out its\npurposes and for the exercise of the powers granted in this title.\n
N.Y. VAT Law § 1289 — New York Code / Act VAT / Title 7 / Article 34-D / Section 1289
Operation of an electric scooter while under the influence of alcohol or drugs
Status: in_force

§ 1289. Operation of an electric scooter while under the influence of\nalcohol or drugs. 1. Offenses; criminal penalties. (a) Operating an\nelectric scooter while ability impaired. No person shall operate an\nelectric scooter while the person's ability to operate such electric\nscooter is impaired by the consumption of alcohol.\n  (i) A violation of this paragraph shall be a traffic infraction and\nshall be punishable by a fine of not more than three hundred dollars, or\nby imprisonment in a penitentiary or county jail for not more than\nfifteen days, or by both such fine and imprisonment.\n  (ii) A person who operates an electric scooter in violation of this\nparagraph after having been convicted of a violation of any paragraph of\nthis subdivision within the preceding five years shall be punished by a\nfine of not more than seven hundred fifty dollars, or by imprisonment of\nnot more than thirty days in a penitentiary or county jail or by both\nsuch fine and imprisonment.\n  (iii) A person who operates an electric scooter in violation of this\nparagraph after being convicted two or more times of a violation of any\nparagraph of this subdivision within the preceding ten years shall be\nguilty of a misdemeanor, and shall be punished by a fine of not more\nthan one thousand dollars, or by imprisonment of not more than one\nhundred eighty days in a penitentiary or county jail or by both such\nfine and imprisonment.\n  (b) Operating an electric scooter while intoxicated; per se. No person\nshall operate an electric scooter while such person has .08 of one per\ncentum or more by weight of alcohol in the person's blood as shown by\nchemical analysis of such person's blood, breath, urine or saliva, made\npursuant to the provisions of subdivision five of this section.\n  (c) Operating an electric scooter while intoxicated. No person shall\noperate an electric scooter while in an intoxicated condition.\n  (d) Operating an electric scooter while ability impaired by drugs. No\nperson shall operate an electric scooter while the person's ability to\noperate such electric scooter is impaired by the use of a drug as\ndefined in this chapter.\n  (e) Operating an electric scooter while ability impaired by the\ncombined influence of drugs or of alcohol and any drug or drugs. No\nperson shall operate an electric scooter while the person's ability to\noperate such electric scooter is impaired by the combined influence of\ndrugs or of alcohol and any drug or drugs.\n  (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this\nsubdivision shall be a misdemeanor and shall be punishable by a fine of\nnot more than five hundred dollars, or by imprisonment in a penitentiary\nor county jail for not more than one year, or by both such fine and\nimprisonment.\n  (ii) A person who operates an electric scooter in violation of\nparagraph (b), (c), (d) or (e) of this subdivision after having been\nconvicted of a violation of paragraph (b), (c), (d) or (e) of this\nsubdivision within the preceding ten years shall be guilty of a class E\nfelony, and shall be punished by a fine of not more than one thousand\ndollars or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment.\n  (iii) A person who operates an electric scooter in violation of\nparagraph (b), (c), (d) or (e) of this subdivision after having been\nconvicted of a violation of paragraph (b), (c), (d) or (e) of this\nsubdivision two or more times within the preceding ten years shall be\nguilty of a class E felony, and shall be punished by a fine of not more\nthan four thousand dollars or by a period of imprisonment as provided in\nthe penal law, or by both such fine and imprisonment.\n  2. Certain sentences prohibited. Notwithstanding any provisions of the\npenal law, no judge or magistrate shall impose a sentence of\nunconditional discharge for a violation of paragraph (b), (c), (d) or\n(e) of subdivision one of this section.\n  3. Sentencing: previous convictions. When sentencing a person for a\nviolation of paragraph (b), (c), (d) or (e) of subdivision one of this\nsection pursuant to subparagraph (ii) of paragraph (f) of subdivision\none of this section, the court shall consider any prior convictions the\nperson may have for a violation of subdivision two, two-a, three, four,\nor four-a of section eleven hundred ninety-two of this title within the\npreceding ten years. When sentencing a person for a violation of\nparagraph (b), (c), (d) or (e) of subdivision one of this section\npursuant to subparagraph (iii) of paragraph (f) of subdivision one of\nthis section, the court shall consider any prior convictions the person\nmay have for a violation of subdivision two, two-a, three, four, or\nfour-a of section eleven hundred ninety-two of this title within the\npreceding ten years. When sentencing a person for a violation of\nsubparagraph (ii) of paragraph (a) of subdivision one of this section,\nthe court shall consider any prior convictions the person may have for a\nviolation of any subdivision of section eleven hundred ninety-two of\nthis title within the preceding five years. When sentencing a person for\na violation of subparagraph (iii) of paragraph (a) of subdivision one of\nthis section, the court shall consider any prior convictions the person\nmay have for a violation of any subdivision of section eleven hundred\nninety-two of this title within the preceding ten years.\n  4. Arrest and field testing. (a) Arrest. Notwithstanding the\nprovisions of section 140.10 of the criminal procedure law, a police\nofficer may, without a warrant, arrest a person, in case of a violation\nof any paragraph of subdivision one of this section, if such violation\nis coupled with an accident or collision in which such person is\ninvolved, which in fact had been committed, though not in the police\nofficer's presence, when the officer has reasonable cause to believe\nthat the violation was committed by such person. For the purposes of\nthis subdivision, police officer shall also include a peace officer\nauthorized to enforce this chapter when the alleged violation\nconstitutes a crime.\n  (b) Field testing. Every person operating an electric scooter which\nhas been involved in an accident shall, at the request of a police\nofficer, submit to a breath test to be administered by the police\nofficer. If such test indicates that such operator has consumed alcohol,\nthe police officer may request such operator to submit to a chemical\ntest in the manner set forth in subdivision five of this section.\n  5. Chemical tests; when authorized. A police officer may request any\nperson who operates an electric scooter in this state to consent to a\nchemical test of one or more of the following: breath, blood, urine, or\nsaliva, for the purpose of determining the alcoholic and/or drug content\nof such person's blood, provided that such test is administered at the\ndirection of a police officer with respect to a chemical test of breath,\nurine or saliva or, with respect to a chemical test of blood, at the\ndirection of a police officer: (a) having reasonable grounds to believe\nsuch person to have been operating in violation of paragraph (a), (b),\n(c), (d) or (e) of subdivision one of this section and within two hours\nafter such person has been placed under arrest for any such violation;\nor (b) within two hours after a breath test, as provided in paragraph\n(b) of subdivision four of this section, indicates that alcohol has been\nconsumed by such person and in accordance with the rules and regulations\nestablished by the police force of which the officer is a member.\n  6. Testing procedures. (a) Persons authorized to withdraw blood;\nimmunity; testimony. (i) At the request of a police officer, the\nfollowing persons may withdraw blood for the purpose of determining the\nalcoholic or drug content therein: (A) a physician, a registered\nprofessional nurse, a registered physician assistant, a certified nurse\npractitioner, or an advanced emergency medical technician as certified\nby the department of health; or (B) under the supervision and at the\ndirection of a physician, registered physician assistant or certified\nnurse practitioner acting within his or her lawful scope of practice, or\nupon the express consent of the person eighteen years of age or older\nfrom whom such blood is to be withdrawn: a clinical laboratory\ntechnician or clinical laboratory technologist licensed pursuant to\narticle one hundred sixty-five of the education law; a phlebotomist; or\na medical laboratory technician or medical technologist employed by a\nclinical laboratory approved under title five of article five of the\npublic health law. This limitation shall not apply to the taking of a\nurine, saliva or breath specimen.\n  (ii) No person entitled to withdraw blood pursuant to subparagraph one\nof this paragraph or hospital employing such person, and no other\nemployer of such person shall be sued or held liable for any act done or\nomitted in the course of withdrawing blood at the request of a police\nofficer pursuant to this section.\n  (iii) Any person who may have a cause of action arising from the\nwithdrawal of blood as aforesaid, for which no personal liability exists\nunder subparagraph (ii) of this paragraph, may maintain such action\nagainst the state if any person entitled to withdraw blood pursuant to\nthis paragraph acted at the request of a police officer employed by the\nstate, or against the appropriate political subdivision of the state if\nsuch person acted at the request of a police officer employed by a\npolitical subdivision of the state. No action shall be maintained\npursuant to this subparagraph unless notice of claim is duly filed or\nserved in compliance with law.\n  (iv) Notwithstanding subparagraphs (i), (ii) and (iii) of this\nparagraph an action may be maintained by the state or a political\nsubdivision thereof against a person entitled to withdraw blood pursuant\nto subparagraph (i) of this paragraph or hospital employing such person\nfor whose act or omission the state or the political subdivision has\nbeen held liable under this paragraph to recover damages, not exceeding\nthe amount awarded to the claimant, that may have been sustained by the\nstate or the political subdivision by reason of gross negligence or bad\nfaith on the part of such person.\n  (v) The testimony of any person other than a physician, entitled to\nwithdraw blood pursuant to subparagraph (i) of this paragraph, in\nrespect to any such withdrawal of blood made by such person may be\nreceived in evidence with the same weight, force and effect as if such\nwithdrawal of blood were made by a physician.\n  (vi) The provisions of subparagraphs (ii), (iii) and (iv) of this\nparagraph shall also apply with regard to any person employed by a\nhospital as security personnel for any act done or omitted in the course\nof withdrawing blood at the request of a police officer pursuant to this\nsection.\n  (b) Right to additional test. The person tested shall be permitted to\nchoose a physician to administer a chemical test in addition to the one\nadministered at the direction of the police officer.\n  (c) Rules and regulations. The department of health shall issue and\nfile rules and regulations approving satisfactory techniques or methods\nof conducting chemical analyses of a person's blood, urine, breath or\nsaliva and to ascertain the qualifications and competence of individuals\nto conduct and supervise chemical analyses of a person's blood, urine,\nbreath or saliva. If the analyses were made by an individual possessing\na permit issued by the department of health, this shall be presumptive\nevidence that the examination was properly given. The provisions of this\nparagraph do not prohibit the introduction as evidence of an analysis\nmade by an individual other than a person possessing a permit issued by\nthe department of health.\n  7. Chemical test evidence. (a) Admissibility. Upon the trial of any\nsuch action or proceeding arising out of actions alleged to have been\ncommitted by any person arrested for a violation of any paragraph of\nsubdivision one of this section, the court shall admit evidence of the\namount of alcohol or drugs in the defendant's blood as shown by a test\nadministered pursuant to the provisions of subdivision five of this\nsection.\n  (b) Probative value. The following effect shall be given to evidence\nof blood-alcohol content, as determined by such tests, of a person\narrested for a violation of subdivision one of this section:\n  (i) evidence that there was .05 of one per centum or less by weight of\nalcohol in such person's blood shall be prima facie evidence that the\nability of such person to operate an electric scooter was not impaired\nby the consumption of alcohol, and that such person was not in an\nintoxicated condition;\n  (ii) evidence that there was more than .05 of one per centum but less\nthan .07 of one per centum by weight of alcohol in such person's blood\nshall be prima facie evidence that such person was not in an intoxicated\ncondition, but such evidence shall be relevant evidence, but shall not\nbe given prima facie effect, in determining whether the ability of such\nperson to operate an electric scooter was impaired by the consumption of\nalcohol; and\n  (iii) evidence that there was .07 of one per centum or more but less\nthan .08 of one per centum by weight of alcohol in such person's blood\nshall be prima facie evidence that such person was not in an intoxicated\ncondition, but such evidence shall be given prima facie effect in\ndetermining whether the ability of such person to operate an electric\nscooter was impaired by the consumption of alcohol.\n  8. Where applicable. The provisions of this section shall apply upon\npublic highways, private roads open to motor vehicle traffic, any other\nparking lot, and sidewalks. For the purposes of this section "parking\nlot" shall mean any area or areas of private property, including a\ndriveway, near or contiguous to and provided in connection with premises\nand used as a means of access to and egress from a public highway to\nsuch premises and having a capacity for the parking of four or more\nmotor vehicles. The provisions of this section shall not apply to any\narea or areas of private property comprising all or part of property on\nwhich is situated a one or two family residence.\n  9. Enforcement upon crash. Notwithstanding any provision of this\nsection, no part of this section may be enforced unless in conjunction\nwith a crash involving an operator of an electric scooter. For the\npurposes of this subdivision, "crash" shall mean colliding with a\nvehicle, person, building or other object.\n
N.Y. PBA Law § 1165 — New York Code / Act PBA / Article 5 / Title 7 / Section 1165
Officers and employees not to be interested in transactions
Status: in_force

§ 1165. Officers and employees not to be interested in transactions.\nIt shall be a misdemeanor for any of the members of the authority, or\nany officer, agent, servant or employee thereof, employed or appointed\nby them to be in any way or manner interested directly or indirectly in\nthe furnishing of work, materials, supplies or labor, or in any contract\ntherefor which the authority is empowered by this title to make.\n
N.Y. EDN Law § 6252 — New York Code / Act EDN / Title 7 / Article 125-A / Section 6252
Rates of contribution
Status: in_force

§ 6252. Rates of contribution. * 1. Employer contributions. In the\ncase of any electing employee initially appointed on or before June\nthirtieth, nineteen hundred ninety-two, the city shall, during\ncontinuance of his employment, makes contributions at the rate of nine\npercentum of that portion of his city salary upon which contributions\nare or may hereafter be paid to the secretary of the treasury of the\nUnited States pursuant to article three of the retirement and social\nsecurity law and at the rate of twelve percentum of that portion of his\ncity salary above said amount, out of monies which shall be appropriated\nto the city university for such purposes. In the case of any electing\nemployee initially appointed on or after July first, nineteen hundred\nninety-two, the city shall, during continuance of his employment, make\ncontributions at the rate of eight percentum of his city salary during\nthe first seven years of such employment and at the rate of ten\npercentum of his city salary, thereafter, out of monies which shall be\nappropriated to the city university for such purpose. For purposes of\nthis subdivision, that portion of the employee's salary upon which\ncontributions are or may thereafter be paid to the secretary of the\ntreasury of the United States pursuant to article three of the\nretirement and social security law shall be deemed not to exceed sixteen\nthousand five hundred dollars.\n  * NB Effective until October 1, 2026\n  * 1. Employer contributions. In the case of any electing employee\ninitially appointed on or before June thirtieth, nineteen hundred\nninety-two, the city shall, during continuance of their employment,\nmakes contributions at the rate of nine percentum of that portion of\ntheir city salary upon which contributions are or may hereafter be paid\nto the secretary of the treasury of the United States pursuant to\narticle three of the retirement and social security law and at the rate\nof twelve percentum of that portion of their city salary above said\namount, out of monies which shall be appropriated to the city university\nfor such purposes. In the case of any electing employee initially\nappointed on or after July first, nineteen hundred ninety-two, the city\nshall, during continuance of their employment, make contributions at the\nrate of eight percentum of their city salary during the first seven\nyears of such employment and at the rate of ten percentum of their city\nsalary, thereafter, out of monies which shall be appropriated to the\ncity university for such purpose, provided however, that effective\nOctober first, two thousand twenty-six, in the case of any electing\nemployee initially appointed on or after April first, two thousand\ntwelve, the city shall, during continuance of their employment, make\ncontributions at the rate of nine percentum of their salary during the\nfirst seven years of such employment and at the rate of eleven percentum\nof their salary thereafter, out of monies which shall be appropriated to\nthe city university for such purpose. For purposes of this subdivision,\nthat portion of the employee's salary upon which contributions are or\nmay thereafter be paid to the secretary of the treasury of the United\nStates pursuant to article three of the retirement and social security\nlaw shall be deemed not to exceed sixteen thousand five hundred dollars.\n  * NB Effective October 1, 2026\n  2. Employee contributions. (a) In the case of any electing employee,\ncontributions at the rate of three percentum of his city salary shall be\ndeducted as the employee contribution by the comptroller, provided\nhowever that such employee contribution shall be made by the city in\naccordance with subdivision one of this section during such period as\neither section seventy-a of the retirement and social security law or\nsection B3-36.1 or section B20-41.1 of the administrative code of the\ncity of New York provides that the contribution of any member of the New\nYork city employees' retirement system or the New York city teachers'\nretirement system in the employ of the city shall be reduced by at least\neight percentum of his compensation; and provided further, however, that\nsuch employee contribution with respect to the fiscal year of the city\nbeginning on July first, nineteen hundred seventy-two and ending on June\nthirtieth, nineteen hundred seventy-three shall be made by the city,\nnotwithstanding any of the foregoing provisions of this subdivision to\nthe contrary.\n  (b) Notwithstanding any provision of paragraph (a) of this subdivision\nor any other provision of law to the contrary, but subject to the\nprovisions of subdivision d of section six hundred thirteen of the\nretirement and social security law in the case of any electing employee\ninitially appointed on or after July first, nineteen hundred ninety-two,\ncontributions at the rate of three percentum of his or her city salary\nshall be deducted as the employee contribution by the comptroller.\n  (c) Notwithstanding any other provision of this section or any other\nlaw to the contrary, (1) on and after April first, two thousand eight\nfor a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe city shall contribute one-third of the three percent employee\ncontribution required pursuant to the provisions of this section on\nbehalf of such employee; and (2) on and after April first, two thousand\nnine for a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe city shall contribute two-thirds of the three percent employee\ncontribution required pursuant to the provisions of this section on\nbehalf of such employee; and (3) on and after April first, two thousand\nten for a member who joined the optional retirement program established\npursuant to this article before April first, two thousand twelve and who\nhas ten or more years of membership in such optional retirement program,\nthe city shall contribute the three percent employee contribution\nrequired pursuant to the provisions of this section on behalf of such\nemployee. The provisions of this paragraph shall not apply to any\nelecting employee who becomes a member of the optional retirement\nprogram on or after April first, two thousand twelve.\n  * (d) Notwithstanding any other law to the contrary, beginning April\nfirst, two thousand thirteen any electing employee appointed on or after\nApril first, two thousand twelve, the rate at which each such employee\nshall contribute in any current plan year (January first to December\nthirty-first) shall be determined by reference to the wages of such\nmember in the second plan year (January first to December thirty-first)\npreceding such current plan year as follows:\n  (1) members with wages of forty-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n  (2) members with wages greater than forty-five thousand per annum, but\nnot more than fifty-five thousand per annum shall contribute three and\none-half per centum of annual wages;\n  (3) members with wages greater than fifty-five thousand per annum, but\nnot more than seventy-five thousand per annum shall contribute four and\none-half per centum of annual wages;\n  (4) members with wages greater than seventy-five thousand per annum\nbut not more than one hundred thousand per annum shall contribute five\nand three-quarters per centum of annual wages; and\n  (5) members with wages greater than one hundred thousand per annum\nshall contribute six per centum of annual wages.\n  Notwithstanding the foregoing, during each of the first three plan\nyears (January first to December thirty-first) in which such member has\nestablished membership in the Board of Higher Education Optional\nRetirement Program, such employee shall contribute a percent of annual\nwages in accordance with the preceding schedule based upon a projection\nof annual wages provided by the employer.\n  * NB Effective until October 1, 2026\n  * (d) Notwithstanding any other law to the contrary, beginning April\nfirst, two thousand thirteen any electing employee appointed on or after\nApril first, two thousand twelve, the rate at which each such employee\nshall contribute in any current plan year (January first to December\nthirty-first) shall be determined by reference to the wages of such\nmember in the second plan year (January first to December thirty-first)\npreceding such current plan year as follows:\n  (1) members with wages of forty-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n  (2) members with wages greater than forty-five thousand dollars per\nannum, but not more than fifty-five thousand dollars per annum shall\ncontribute three and one-half per centum of annual wages;\n  (3) members with wages greater than fifty-five thousand dollars per\nannum, but not more than seventy-five thousand dollars per annum shall\ncontribute four and one-half per centum of annual wages;\n  (4) members with wages greater than seventy-five thousand dollars per\nannum but not more than one hundred thousand dollars per annum shall\ncontribute five and three-quarters per centum of annual wages; and\n  (5) members with wages greater than one hundred thousand dollars per\nannum shall contribute six per centum of annual wages.\n  Notwithstanding the foregoing, during each of the first three plan\nyears (January first to December thirty-first) in which such member has\nestablished membership in the Board of Higher Education Optional\nRetirement Program, such employee shall contribute a percent of annual\nwages in accordance with the preceding schedule based upon a projection\nof annual wages provided by the employer, provided, however, that\nnotwithstanding any other law to the contrary, on and after October\nfirst, two thousand twenty-six, the rate at which any electing employee\nwho is subject to this paragraph shall contribute in any current plan\nyear (January first to December thirty-first) shall be determined by\nreference to the wages of such member in the second plan year (January\nfirst to December thirty-first) preceding such current plan year as\nfollows:\n  (i) members with wages of seventy-five thousand dollars per annum or\nless shall contribute three per centum of annual wages;\n  (ii) members with wages greater than seventy-five thousand dollars per\nannum but not more than one hundred thousand dollars per annum shall\ncontribute four per centum of annual wages;\n  (iii) members with wages greater than one hundred thousand dollars per\nannum but not more than one hundred twenty-five thousand dollars per\nannum shall contribute five and one-quarter per centum of annual wages;\nand\n  (iv) members with wages greater than one hundred twenty-five thousand\ndollars per annum shall contribute five and three-quarters per centum of\nannual wages.\n  * NB Effective October 1, 2026\n  3. Payment of contributions pursuant to subdivisions one and two of\nthis section shall be made to the designated insurer or insurers upon\naudit and warrant of the comptroller.\n  4. In the case of an electing employee initially appointed on or after\nthe effective date of the election to offer such programs established by\nthe board, no contributions pursuant to subdivisions one and two of this\nsection shall be made by the city until his completion of one year of\nservice and continuance in service thereafter. Employee contributions,\nif any, required during this initial year of service shall be deducted\nand held by the comptroller. At the end of his initial year of service,\na single contribution in an amount determined pursuant to subdivisions\none and two of this section, with interest at the rate of four percentum\nper annum, shall be made, upon audit and warrant of the comptroller, to\nthe designated insurer or insurers, on behalf of such employee continued\nin service. In the case of an electing employee who does not continue in\nservice with the board beyond his initial year of service, the amount of\nemployee contribution, if any, deducted from his salary shall be\nrefunded to him, with interest at the rate of four percentum per annum.\n  5. The provisions of subdivision four of this section shall not apply\nto any electing employee who, at the time of initial appointment, owns a\ncontract determined by the board to be similar to those contracts to be\npurchased under the optional retirement program and issued by the\ndesignated insurer or insurers.\n