N.Y. LAB Law § 607 — New York Code / Act LAB / Article 18 / Title 7-A / Section 607
Benefits
Status: in_force

§ 607. Benefits. 1. Amount. An eligible claimant shall be paid\nbenefits for any week equal to his or her benefit rate multiplied by the\npercentage of reduction of his or her wages resulting from reduced hours\nof work, but only if such percentage is no less than twenty percent. The\nweekly benefit amount shall be rounded off to the nearest dollar. A\nclaimant shall not be paid such benefits in excess of twenty-six times\nthe amount of regular compensation (including dependents' allowances)\npayable to such individual for a week of total unemployment during a\nbenefit year.\n  2. Waiting period. A claimant shall not be entitled to benefits for\nthe first week of unemployment under a shared work program unless he or\nshe has served a waiting period in his or her benefit year pursuant to\nsubdivision seven of section five hundred ninety of this article.\n
N.Y. EDN Law § 6401 — New York Code / Act EDN / Title 7 / Article 129 / Section 6401
State aid for certain independent institutions of higher learning
Status: in_force

§ 6401. State aid for certain independent institutions of higher\nlearning. 1. Notwithstanding the provisions of any general, special or\nlocal law to the contrary, the commissioner is hereby authorized to\napportion for each annual period commencing July first nineteen hundred\nseventy-six and to pay to any independent institution of higher\neducation within the state which meets the requirements of subdivision\ntwo of this section, upon application by such institution, such amounts\nof state aid as are authorized to be paid by subdivision three of this\nsection.\n  2. (a) Notwithstanding the provisions of any other law, in order to\nqualify for state aid apportionments pursuant to this section, any\ninstitution of higher education must meet either the requirements set\nforth in subparagraphs (i) through (vi) of this paragraph or, in the\nalternative, the requirements set forth in paragraph (b) of this\nsubdivision:\n  (i) The institution must be a non-profit college or university\nincorporated by the regents or by the legislature, or a school of\nmedicine, dentistry or osteopathy authorized by the regents to confer\nthe degree of doctor of medicine, doctor of medical science, doctor of\ndental surgery or doctor of osteopathy.\n  (ii) The institution must maintain one or more earned degree programs,\nculminating in an associate or higher degree.\n  (iii) The institution must meet such standards of educational quality\napplicable to comparable public institutions of higher education, as may\nbe from time to time established by the regents.\n  (iv) The institution must be eligible for state aid under the\nprovisions of the constitution of the United States and the constitution\nof the state of New York.\n  (v) The institution must submit a financial statement which shall\ninclude total assets and liabilities, in such form as may be approved by\nthe commissioner.\n  (vi) The institution must have total endowment assets of less than\nseven hundred fifty million dollars ($750,000,000), based on the most\nrecent academic year data collected in the Integrated Postsecondary\nEducation Data System, as required under Title IV of the Higher\nEducation Act of 1965, as amended, and reported by the Department of\nEducation's National Center for Education Statistics.\n  (b) An institution of higher education located in this state, at least\none-half of the students of which are economically disadvantaged, and\nthe course credits and degrees of which are offered by a consortium of\nsponsoring colleges, each of which sponsoring colleges satisfies the\nfollowing requirements, shall qualify for state aid apportionments\npursuant to this section:\n  (i) The sponsoring college must be non-profit college or university\nincorporated by the regents or by the legislature.\n  (ii) The sponsoring college must maintain one or more earned degree\nprograms, culminating in an associate or higher degree.\n  (iii) The sponsoring college must meet such standards of educational\nquality applicable to comparable public institutions of higher\neducation, as may be from time to time established by the regents.\n  (iv) The sponsoring college must be eligible for state aid under the\nprovisions of the constitution of the United States and the constitution\nof the state of New York.\n  (v) The sponsoring college must submit a financial statement which\nshall include total assets and liabilities, in such form as may be\napproved by the commissioner.\n  (vi) The sponsoring college must have total endowment assets of less\nthan seven hundred fifty million dollars ($750,000,000), based on the\nmost recent academic year data collected in the Integrated Postsecondary\nEducation Data System, as required under Title IV of the Higher\nEducation Act of 1965, as amended, and reported by the Department of\nEducation's National Center for Education Statistics.\n  3. Degree awards. The amount of such annual apportionment to each\ninstitution meeting the requirements of subdivision two of this section\nshall be computed by multiplying by not to exceed six hundred dollars\nthe number of earned associate degrees, by not to exceed one thousand\nfive hundred dollars the number of earned bachelor's degrees, by not to\nexceed nine hundred fifty dollars the number of earned master's degrees,\nand by not to exceed four thousand five hundred fifty dollars the number\nof earned doctorate degrees, conferred by such institution during the\ntwelve-month period next preceding the annual period for which such\napportionment is made, provided that there shall be excluded from any\nsuch computation the number of degrees earned by students with respect\nto whom state aid other than that established by this section or section\nsixty-four hundred one-a of this article is granted directly to the\ninstitution, and provided further that, except as otherwise provided in\nthis subdivision, the amount apportioned for an associate degree shall\nbe awarded only to two year institutions qualifying under subdivision\ntwo of this section. The regents shall promulgate rules defining and\nclassifying professional degrees for the purposes of this section.\nInstitutions qualifying for state aid pursuant to the provisions of\nparagraph (b) of subdivision two of this section shall, for purposes of\nthis subdivision, be deemed to be the institutions which confer degrees.\nFor purposes of this subdivision, a two-year institution which has\nreceived authority to confer bachelor degrees shall continue to be\nconsidered a two-year institution until such time as it has actually\nbegun to confer the bachelor's degree. Thereafter, notwithstanding any\nother provision of law to the contrary, an institution which was\nformerly a two-year institution for the purposes of this section and\nwhich was granted authority by the regents to confer bachelor degrees,\n(a) such authority having been granted after the first day of June,\nnineteen hundred ninety-three, but before the first day of July,\nnineteen hundred ninety-three, (b) such authority having been granted\nafter the first day of May, two thousand five, but before the first day\nof June, two thousand five, (c) such authority having been granted after\nthe first day of April, two thousand nine, but before the first day of\nMay, two thousand nine, or (d) such authority having been granted after\nthe first day of December, two thousand nine, but before the first day\nof January, two thousand ten, may elect to continue to receive awards\nfor earned associate degrees. Should such institution so elect, it shall\nnot be eligible during the time of such election to receive awards for\nearned bachelor's degrees. Notwithstanding the preceding provisions of\nthis subdivision, in the event that the total amount of such annual\napportionments to all institutions meeting the requirements of\nsubdivision two of this section would otherwise exceed the total amount\nappropriated for unrestricted aid to independent colleges and\nuniversities, the annual apportionment to each such institution shall be\nreduced proportionally.\n  4. Thirty-five percent of each such annual apportionment payable\npursuant to this section shall be paid on or before October fifteenth,\nthirty-five percent shall be paid on or before February fifteenth, and\nthe remaining thirty percent shall be paid on or before May fifteenth.\n  5. The commissioner shall promulgate regulations requiring the\nsubmission to him, by any institution intending to apply for state aid\napportionments pursuant to this section, of reports in such form, at\nsuch times and containing such information as he shall by such\nregulations require, concerning, but not limited to such matters as the\npresent and contemplated future programs, curricula and facilities of\nthe institution, and its financial affairs, its long range plans and its\nprogress in implementing such plans, and its administrative practices\nand procedures. No institution shall be eligible to receive any\napportionment of state aid, or portion thereof, payable pursuant to this\nsection unless such institution shall have submitted all reports\nrequired pursuant to such regulations, in form satisfactory to the\ncommissioner.\n
N.Y. VAT Law § 1194-A — New York Code / Act VAT / Title 7 / Article 31 / Section 1194-A
Driving after having consumed alcohol; under twenty-one; procedure
Status: in_force

§ 1194-a. Driving after having consumed alcohol; under twenty-one;\nprocedure. 1. Chemical test report and hearing.  (a) Whenever a chemical\ntest of the breath, blood, urine or saliva of an operator who is under\nthe age of twenty-one indicates that such person has operated a motor\nvehicle in violation of section eleven hundred ninety-two-a of this\narticle, and such person is not charged with violating any subdivision\nof section eleven hundred ninety-two arising out of the same incident,\nthe police officer who administered the test shall forward a report of\nthe results of such test to the department within twenty-four hours of\nthe time when such results are available in a manner prescribed by the\ncommissioner, and the operator shall be given a hearing notice as\nprovided in subdivision one-a of this section, to appear before a\nhearing officer in the county where the chemical test was administered,\nor in an adjoining county under such circumstances as prescribed by the\ncommissioner, on a date to be established in accordance with a schedule\npromulgated by the commissioner. Such hearing shall occur within thirty\ndays of, but not less than forty-eight hours from, the date that the\nchemical test was administered, provided, however, where the\ncommissioner determines, based upon the availability of hearing officers\nand the anticipated volume of hearings at a particular location, that\nthe scheduling of such hearing within thirty days would impair the\ntimely scheduling or conducting of other hearings pursuant to this\nchapter, such hearing shall be scheduled at the next hearing date for\nsuch particular location. When providing the operator with such hearing\nnotice, the police officer shall also give to the operator, and shall,\nprior to the commencement of the hearing, provide to the department,\ncopies of the following reports, documents and materials: any written\nreport or document, or portion thereof, concerning a physical\nexamination, a scientific test or experiment, including the most recent\nrecord of inspection, or calibration or repair of machines or\ninstruments utilized to perform such scientific tests or experiments and\nthe certification certificate, if any, held by the operator of the\nmachine or instrument, which tests or examinations were made by or at\nthe request or direction of a public servant engaged in law enforcement\nactivity. The report of the police officer shall be verified by having\nthe report sworn to, or by affixing to such report a form notice that\nfalse statements made therein are punishable as a class A misdemeanor\npursuant to section 210.45 of the penal law and such form notice\ntogether with the subscription of the deponent shall constitute\nverification of the report.\n  (b) Every person under the age of twenty-one who is alleged to have\noperated a motor vehicle after having consumed alcohol as set forth in\nsection eleven hundred ninety-two-a of this article, and who is not\ncharged with violating any subdivision of section eleven hundred\nninety-two of this article arising out of the same incident, is entitled\nto a hearing before a hearing officer in accordance with the provisions\nof this section. Unless otherwise provided by law, the license or permit\nto drive or any non-resident operating privilege of such person shall\nnot be suspended or revoked prior to the scheduled date for such\nhearing.\n  (i) The hearing shall be limited to the following issues:  (1) did\nsuch person operate the motor vehicle; (2) was a valid request to submit\nto a chemical test made by the police officer in accordance with the\nprovisions of section eleven hundred ninety-four of this article; (3)\nwas such person less than twenty-one years of age at the time of\noperation of the motor vehicle; (4) was the chemical test properly\nadministered in accordance with the provisions of section eleven hundred\nninety-four of this article; (5) did the test find that such person had\ndriven after having consumed alcohol as defined in section eleven\nhundred ninety-two-a of this article; and (6) did the police officer\nmake a lawful stop of such person. The burden of proof shall be on the\npolice officer to prove each of these issues by clear and convincing\nevidence.\n  (ii) Every person who is entitled to a hearing pursuant to this\nsubdivision has the right to be present at the hearing; the right to be\nrepresented by attorney, or in the hearing officer's discretion, by any\nother person the operator chooses; the right to receive and review\ndiscovery materials as provided in this subdivision; the right not to\ntestify; the right to present evidence and witnesses in his own behalf,\nthe right to cross examine adverse witnesses, and the right to appeal\nfrom an adverse determination in accordance with article three-A of this\nchapter. Any person representing the operator must conform to the\nstandards of conduct required of attorneys appearing before state\ncourts, and failure to conform to these standards will be grounds for\ndeclining to permit his continued appearance in the hearing.\n  (iii) Hearings conducted pursuant to this subdivision shall be in\naccordance with this subdivision and with the provisions applicable to\nthe adjudication of traffic infractions pursuant to the following\nprovisions of part 124 of title fifteen of the codes, rules and\nregulations of the state of New York: paragraph (b) of section 124.1\nregarding the opening statement; paragraph (b) of section 124.2\nregarding the right to representation and to remain silent and\nparagraphs (a) through (e) of section 124.4 regarding the conduct of the\nhearing, procedure and recusal; provided, however, that nothing\ncontained in this subparagraph shall be deemed to preclude a hearing\nofficer from changing the order of a hearing conducted pursuant to this\nsubdivision as justice may require and for good cause shown.\n  (iv) The rules governing receipt of evidence in a court of law shall\nnot apply in a hearing conducted pursuant to this subdivision except as\nfollows:\n  (1) on the merits of the charge, and whether or not a party objects,\nthe hearing officer shall exclude from consideration the following: a\nprivileged communication; evidence which, for constitutional reasons,\nwould not be admissible in a court of law; evidence of prior misconduct,\nincompetency or illness, except where such evidence would be admissible\nin a court of law; evidence which is irrelevant or immaterial;\n  (2) no negative inference shall be drawn from the operator's\nexercising the right not to testify.\n  (v) If, after such hearing, the hearing officer, acting on behalf of\nthe commissioner, finds all of the issues set forth in this subdivision\nin the affirmative, the hearing officer shall suspend or revoke the\nlicense or permit to drive or non-resident operating privilege of such\nperson in accordance with the time periods set forth in subdivision two\nof section eleven hundred ninety-three of this article. If, after such\nhearing, the hearing officer, acting on behalf of the commissioner,\nfinds any of said issues in the negative, the hearing officer must find\nthat the operator did not drive after having consumed alcohol.\n  (vi) A person who has had a license or permit to drive or non-resident\noperating privilege suspended or revoked pursuant to the provisions of\nthis section may appeal the finding of the hearing officer in accordance\nwith the provisions of article three-A of this chapter.\n  (c) Unless an adjournment of the hearing date has been granted, upon\nthe operator's failure to appear for a scheduled hearing, the\ncommissioner shall suspend the license or permit to drive or\nnon-resident operating privilege until the operator petitions the\ncommissioner and a rescheduled hearing is conducted, provided, however,\nthe commissioner shall restore such person's license or permit to drive\nor non-resident operating privilege if such rescheduled hearing is\nadjourned at the request of a person other than the operator. Requests\nfor adjournments shall be made and determined in accordance with\nregulations promulgated by the commissioner. If such a request by the\noperator for an adjournment is granted, the commissioner shall notify\nthe operator of the rescheduled hearing, which shall be scheduled for\nthe next hearing date. If a second or subsequent request by the operator\nfor an adjournment is granted, the operator's license or permit to drive\nor non-resident operating privilege may be suspended pending the hearing\nat the time such adjournment is granted; provided, however, that the\nrecords of the department or the evidence already admitted furnishes\nreasonable grounds to believe such suspension is necessary to prevent\ncontinuing violations or a substantial traffic safety hazard; and\nprovided further, that such hearing shall be scheduled for the next\nhearing date.\n  If a police officer does not appear for a hearing, the hearing officer\nshall have the authority to dismiss the charge. Any person may waive the\nright to a hearing under this subdivision, in a form and manner\nprescribed by the commissioner, and may enter an admission of guilt, in\nperson or by mail, to the charge of operating a motor vehicle in\nviolation of section eleven hundred ninety-two-a of this article. Such\nadmission of guilt shall have the same force and effect as a finding of\nguilt entered following a hearing conducted pursuant to this\nsubdivision.\n  1-a. Hearing notice. The hearing notice issued to an operator pursuant\nto subdivision one of this section shall be in a form as prescribed by\nthe commissioner. In addition to containing information concerning the\ntime, date and location of the hearing, and such other information as\nthe commissioner deems appropriate, such hearing notice shall also\ncontain the following information: the date, time and place of the\noffense charged; the procedures for requesting an adjournment of a\nscheduled hearing as provided in this section, the operator's right to a\nhearing conducted pursuant to this section and the right to waive such\nhearing and plead guilty, either in person or by mail, to the offense\ncharged.\n  2. Civil penalty. Unless otherwise provided, any person whose license,\npermit to drive, or any non-resident operating privilege is suspended or\nrevoked pursuant to the provisions of this section shall also be liable\nfor a civil penalty in the amount of one hundred twenty-five dollars,\nwhich shall be distributed in accordance with the provisions of\nsubdivision nine of section eighteen hundred three of this chapter.\n  3. Refusal report and hearing. (a) Any person under the age of\ntwenty-one who is suspected of operating a motor vehicle after having\nconsumed alcohol in violation of section eleven hundred ninety-two-a of\nthis chapter, and who is not charged with violating any subdivision of\nsection eleven hundred ninety-two of this article arising out of the\nsame incident, and who has been requested to submit to a chemical test\npursuant to paragraph (a) of subdivision two of section eleven hundred\nninety-four of this article and after having been informed that his\nlicense or permit to drive and any non-resident operating privilege\nshall be revoked for refusal to submit to such chemical test or any\nportion thereof, whether or not there is a finding of driving after\nhaving consumed alcohol, and such person refuses to submit to such\nchemical test or any portion thereof, shall be entitled to a hearing in\naccordance with a schedule promulgated by the commissioner, and such\nhearing shall occur within thirty days of, but not less than forty-eight\nhours from, the date of such refusal, provided, however, where the\ncommissioner determines, based upon the availability of hearing officers\nand the anticipated volume of hearings at a particular location, that\nthe scheduling of such hearing within thirty days would impair the\ntimely scheduling or conducting of other hearings pursuant to this\nchapter, such hearing shall be scheduled at the next hearing date for\nsuch particular location.\n  (b) Unless an adjournment of the hearing date has been granted, upon\nthe operator's failure to appear for a scheduled hearing, the\ncommissioner shall suspend the license or permit to drive or\nnon-resident operating privilege until the operator petitions the\ncommissioner and a rescheduled hearing is conducted, provided, however,\nthe commissioner shall restore such person's license or permit to drive\nor non-resident operating privilege if such rescheduled hearing is\nadjourned at the request of a person other than the operator. Requests\nfor adjournments shall be made and determined in accordance with\nregulations promulgated by the commissioner. If such a request by the\noperator for an adjournment is granted, the commissioner shall notify\nthe operator of the rescheduled hearing, which shall be scheduled for\nthe next hearing date. If a second or subsequent request by the operator\nfor an adjournment is granted, the operator's license or permit to drive\nor non-resident operating privilege may be suspended pending the hearing\nat the time such adjournment is granted; provided, however, that the\nrecords of the department or the evidence already admitted furnishes\nreasonable grounds to believe such suspension is necessary to prevent\ncontinuing violations or a substantial traffic safety hazard; and\nprovided further, that such hearing shall be scheduled for the next\nhearing date.\n  If a police officer does not appear for a hearing, the hearing officer\nshall have the authority to dismiss the charge. Any person may waive the\nright to a hearing under this subdivision.\n  (c) The hearing on the refusal to submit to a chemical test pursuant\nto this subdivision shall be limited to the following issues: (1) was a\nvalid request to submit to a chemical test made by the police officer in\naccordance with the provisions of section eleven hundred ninety-four of\nthis article; (2) was such person given sufficient warning, in clear or\nunequivocal language, prior to such refusal that such refusal to submit\nto such chemical test or any portion thereof, would result in the\nrevocation of such person's license or permit to drive or nonresident\noperating privilege, whether or not such person is found to have\noperated a motor vehicle after having consumed alcohol; (3) did such\nperson refuse to submit to such chemical test or any portion thereof;\n(4) did such person operate the motor vehicle; (5) was such person less\nthan twenty-one years of age at the time of operation of the motor\nvehicle; (6) did the police officer make a lawful stop of such person.\nIf, after such hearing, the hearing officer, acting on behalf of the\ncommissioner, finds on any one said issue in the negative, the hearing\nofficer shall not revoke the operator's license or permit to drive or\nnon-resident operating privilege and shall immediately terminate any\noutstanding suspension of the operator's license, permit to drive or\nnon-resident operating privilege arising from such refusal.  If, after\nsuch hearing, the hearing officer, acting on behalf of the commissioner,\nfinds all of the issues in the affirmative, such hearing officer shall\nimmediately revoke the license or permit to drive or any non-resident\noperating privilege in accordance with the provisions of paragraph (d)\nof subdivision two of section eleven hundred ninety-four of this\narticle. A person who has had a license or permit to drive or\nnon-resident operating privilege suspended or revoked pursuant to the\nprovisions of this section may appeal the findings of the hearing\nofficer in accordance with the provisions of article three-A of this\nchapter.\n
N.Y. PBA Law § 1174-E — New York Code / Act PBA / Article 5 / Title 7-A / Section 1174-E
Responsibilities of the authority
Status: in_force

§ 1174-e. Responsibilities of the authority. The authority shall have\nthe responsibility to: 1. investigate, analyse and evaluate various\noptions for the distribution of water to the district, including, but\nnot limited to, the following:\n  (a) The purchase, in the name of the authority, or in the name of any\nmunicipality or municipalities, of any water facility or distribution\nsystem or parts thereof involved in the supply of water to the district;\n  (b) The operation of any water facility or distribution system or\nparts thereof by any public water suppliers which operate in geographic\nareas adjacent to the district;\n  (c) The creation of additional water authorities to supply water to\nportions of the district as described in section eleven hundred\nseventy-four-c of this article; and\n  (d) The retention of the water supply system within the district which\nis in existence as of the effective date of this title.\n  2. Following any purchase pursuant to paragraph (a) of subdivision one\nof this section:\n  (a) Meter service to its customers; and\n  (b) Repair and maintain that portion of a water supply pipe extending\nfrom the water mains to the water meter. For purposes of this paragraph\n"water supply pipe" shall mean a pipe or line which connects the water\nmains directly to a customer's water meter.\n
N.Y. RSS Law § 60 — New York Code / Act RSS / Article 2 / Title 7 / Section 60
Ordinary death benefit
Status: in_force

§ 60. Ordinary death benefit. a. An ordinary death benefit plus the\nreserve-for-increased-take-home-pay shall be payable upon the death of a\nmember who:\n  1. Died before the effective date of his retirement, and\n  2. Was in service upon which his membership was based when he died or\nwas on the payroll in such service and paid within a period of twelve\nmonths prior to his death or within a period of twenty-four months prior\nto his death if on leave of absence as set forth below and had, unless\nhis service was based on seasonal employment, not been otherwise\ngainfully employed since he ceased to be on such payroll except while on\nleave of absence which was granted in accordance with the provisions of\nsubdivision i of section forty-one of this chapter and which commenced\nduring the period from April first, nineteen hundred sixty-six through\nJune thirtieth, nineteen hundred seventy-four, to perform services as a\ncivilian officer or employee of the federal government or one of its\nagencies or a contractor of the United States Agency for International\nDevelopment engaged to perform the work of such agency, the United\nNations, any other international organization of which the United States\nof America is a member, or a foreign government, and\n  3. Has credit for one or more years of service while actually a\nmember.  This requirement of one or more years of service while actually\na member shall not be applicable to the\nreserve-for-increased-take-home-pay and shall be subject to waiver as\nprovided in subdivision e of section forty-one of this article.\n  An ordinary death benefit shall not be payable in any case in which an\naccidental death benefit is payable provided, however, that where\npayments made pursuant to section sixty-one of this chapter on account\nof an accidental death benefit, computed without reduction pursuant to\nsection sixty-four of this article, and the\nreserve-for-increased-take-home-pay total less than the ordinary death\nbenefit and the reserve-for-increased-take-home-pay that would have been\ncomputed and made payable pursuant to this section sixty in the case of\nordinary death, the difference shall be paid to the beneficiary or\nmember's estate to which the ordinary death benefit and\nreserve-for-increased-take-home-pay would have been paid.\n  Provided further, that where the beneficiary or beneficiaries\ndesignated to receive the accidental death benefit pursuant to section\nsixty-one of this article is the same beneficiary or beneficiaries\ndesignated by the member to receive the ordinary death benefit, then,\nand in that case, the beneficiary or beneficiaries may elect to receive,\nin a lump sum, the value of the ordinary death benefit and the\nreserve-for-increased-take-home-pay, if any, that would have been\ncomputed and made payable pursuant to the provisions hereof in case of\nordinary death, in lieu of any other benefit.\n  Notwithstanding the provisions of any other law to the contrary and\nsolely for the purpose of determining eligibility for an ordinary death\nbenefit and/or guaranteed ordinary death benefit, a member shall be\nconsidered to have died while in service upon which his or her\nmembership was based provided such member was on the payroll in the\nservice upon which membership is based at the time he or she was ordered\nto active duty pursuant to Title 10 of the United States Code, with the\narmed forces of the United States or to service in the uniformed\nservices pursuant to Chapter 43 of Title 38 of the United States Code\nand died while on such active duty or service in the uniformed services\non or after June fourteenth, two thousand five. Provided, further, that\nany such member ordered to such active duty with the armed forces of the\nUnited States or in service in the uniformed services who died prior to\nrendering the minimum amount of service necessary to be eligible for\nthis benefit shall be considered to have satisfied the minimum service\nrequirement.\n  aa. Notwithstanding the provisions of section ninety of this article,\nan ordinary death benefit plus the reserve-for-increased-take-home-pay\nshall be payable to the beneficiary designated in a valid election of\n"Option One-half", if any, or in the manner provided by subdivisions c,\nd, or e of this section, in any other case, if a retired member shall\ndie where:\n  1. His application for retirement became effective prior to his death,\nand\n  2. No optional election by him was in effect at the time of his death,\nor he had made and filed a valid election to receive his retirement\nallowance without optional modification or under "Option One-half", and\n  3. He died within the period of thirty days immediately after his\nretirement became effective.\n  The amount of the ordinary death benefit so payable under this\nsubdivision shall be reduced by the amount of any pension payment that\nmay have been paid on account of such retirement.\n  The provisions of this subdivision shall apply in any case where death\noccurred on or after January first, nineteen hundred fifty-four.\n  b. The ordinary death benefit plus the\nreserve-for-increased-take-home-pay shall be payable from the pension\naccumulation fund. The ordinary death benefit shall not exceed the\ncompensation earnable by such member during his last twelve months of\nservice while a member. The amount thereof shall be computed by\nmultiplying one-twelfth of such compensation by the number of years, not\nto exceed twelve, of his total service credit. Provided, however, that\nwhere the member has more than twelve years of total service credit and\nwhere his death occurs on or after July first, nineteen hundred sixty,\nand on or before June thirtieth, nineteen hundred seventy-four, there\nshall be added to such ordinary death benefit one-twenty-fourth of such\ncompensation multiplied by the number of years, not to exceed\ntwenty-four, but exclusive of the first twelve, of his total service\ncredit. Provided, further, that where a member, qualified under\nsubdivisions a or aa of this section, would have been entitled to a\nservice retirement benefit at the time of his death and where his death\noccurs on or after July first, nineteen hundred sixty-three and on or\nbefore June thirtieth, nineteen hundred seventy-four, the amount payable\nunder this section shall be equal to the pension reserve that would have\nbeen established had the member retired on the date of his death, unless\nthe ordinary death benefit and the reserve-for-increased-take-home-pay,\nhereinabove provided for, shall be in excess thereof.\n  In the case of a retired member who has returned to service, total\nservice credit, for purposes of this section only, shall include service\nrendered prior to his retirement, provided that he shall have rendered\nat least one year of service since he last became a member, or provided\nhe shall have rendered since he returned to public service one year of\nservice during which he elected pursuant to subdivision a of section one\nhundred one of this article not to be restored to membership in the\nretirement system. The member's accumulated contributions shall be\nrefunded in accordance with subdivision d of section fifty-one of this\narticle.\n  bb. (a) An ordinary death benefit shall be payable upon the death of a\nmember who was in the employ of the state during its participation under\nsection seventy-five-a of this chapter or of a participating employer\nwhile such employer is participating under the provisions of section\nseventy-five-b of this chapter.\n  The provisions of this subdivision bb shall apply in any case where\ndeath occurred on or after August nineteenth, nineteen hundred sixty-six\nand prior to July first, nineteen hundred seventy-four.\n  (b) The ordinary death benefit shall be payable from the pension\naccumulation fund. Such ordinary death benefit shall be based on\ncompensation earnable by such member during his last twelve months of\nservice while a member. The amount thereof shall be computed by\nmultiplying one-twelfth of such compensation by the number of years, not\nto exceed thirty-six, of his total service credit. Provided that where a\nmember, qualified under subdivisions a and aa of this section would have\nbeen eligible for service retirement at the time of his death and where\nhis death occurs on or after August nineteenth, nineteen hundred\nsixty-six and prior to July first, nineteen hundred seventy-four, the\namount payable under this section shall be equal to the pension reserve\nthat would have been established pursuant to section seventy-five-c had\nthe member retired on the date of his death, unless the ordinary death\nbenefit hereinabove provided for shall be in excess thereof. The benefit\nprovided herein shall be in lieu of the ordinary death benefit presently\npayable under other provisions of this chapter, unless the benefit under\nsuch other provisions shall be in excess of those provided for herein,\nin which event the greater benefit shall be payable.\n  (c) In the case of a retired member who has returned to service, total\nservice credit, for purposes of this subdivision only, shall include\nservice rendered prior to his retirement, provided that he shall have\nrendered at least one year of service since he last became a member, or\nprovided he shall have rendered since he returned to public service one\nyear of service during which he elected pursuant to subdivision a of\nsection one hundred one of this article not to be restored to membership\nin the retirement system. The member's accumulated contributions shall\nbe refunded in accordance with subdivision d of section fifty-one of\nthis article.\n  c. The ordinary death benefit and the\nreserve-for-increased-take-home-pay shall be paid to the member's estate\nor to such person as he shall have nominated to receive such ordinary\ndeath benefit. To be effective, such a nomination must be in the form of\na written designation, duly acknowledged and filed with the comptroller\nfor this specific purpose. In the event such a designated beneficiary\ndoes not survive him, or if he shall not have so designated a\nbeneficiary, such benefit shall be payable to the deceased member's\nestate or as provided in section one thousand three hundred ten of the\nsurrogate's court procedure act.\n  d. The member, or on the death of the member, the person nominated by\nhim to receive his death benefit, may provide, by written designation,\nduly executed and filed with the comptroller, that such death benefit\nand the reserve-for-increased-take-home-pay shall be paid in the form of\nan annuity. Such designation shall be filed prior to or within ninety\ndays after the death of the member. The amount of such annuity shall be\ndetermined as the actuarial equivalent of such death benefit and reserve\non the basis of the age of such beneficiary at the time of the member's\ndeath and regular interest.\n  e. A member, or after his death, the person nominated by him to\nreceive his ordinary death benefit, may elect to receive the actuarial\nequivalent of the annuity specified in subdivision d of this section in\nthe form of a reduced annuity, payable for life, with the further\nproviso that if the person so nominated should die before the annuity\npayments received by him are equal to such actuarial equivalent, the\nbalance thereof shall be paid in a lump sum to such beneficiary's estate\nor to such person as such member or his nominee shall have designated\nprior to his death. Such election shall be made prior to or within\nninety days after the death of the member. Such designation of a\nbeneficiary to receive such lump sum may be made or changed at any time\nby the person who made it. Such election, designation or change shall be\nmade by a writing duly executed and filed with the comptroller. If the\nperson nominated to receive such lump sum does not survive the member's\nbeneficiary, such lump sum, if any, shall be payable to the estate of\nthe member's beneficiary, or as provided in section one thousand three\nhundred ten of the surrogate's court procedure act.\n  f. 1. Notwithstanding any provision of paragraph three of subdivision\na of this section to the contrary and in lieu of the ordinary death\nbenefit payable pursuant to subdivisions b or bb of this section or the\nguaranteed ordinary death benefit payable pursuant to section sixty-a of\nthis article, a special death benefit shall be payable upon the death in\nservice of a security services unit member or parkway police unit member\nor security supervisors unit member who is subject to the provisions of\nthis article, and who has credit for ninety or more days of service\nwhile actually a member of the retirement system.\n  2. The special death benefit provided under this section to the\nbeneficiary of such security services unit member or parkway police unit\nmember or security supervisors unit member shall be:\n  (a) in the case of a security services unit member or parkway police\nunit member or security supervisors unit member who was employed by the\nstate on or before the date this act takes effect, equal to three times\nthe member's compensation earnable during his last twelve months of\nservice as a member or, if he had not completed twelve months of service\nprior to the date of his death, three times the compensation he would\nhave earned had he worked for twelve months prior to such date, in\neither case raised to the next higher multiple of one thousand dollars.\nIf, however, the ordinary death benefit payable pursuant to subdivision\nb or bb of this section upon the death of such a security services\nmember or parkway police unit member or security supervisors unit member\nwould have exceeded the special death benefit payable pursuant to this\nsubdivision, the special death benefit payable in the event of death of\nsuch a member prior to July first, nineteen hundred seventy-one shall be\nequal to that benefit which would have otherwise been payable pursuant\nto subdivision b or bb of this section notwithstanding any provision of\nparagraph one of this subdivision to the contrary; or\n  (b) in the case of a security services unit member or parkway police\nunit member or security supervisors unit member who enters service after\nthe date this act takes effect, equal to three times the member's\ncompensation earnable during his last twelve months of service as a\nmember or, if he has not completed twelve months of service prior to the\ndate of his death, three times the compensation he would have earned had\nhe worked for twelve months prior to such date in either case raised to\nthe next higher multiple of one thousand dollars.\n  3. For the purpose of this subdivision: (a) the terms "security\nservices unit member", "parkway police unit member", and "security\nsupervisors unit member" shall mean a member in the employ of the state\nin the collective negotiating unit designated as the security services\nunit or parkway police unit or security supervisors unit established\npursuant to article fourteen of the civil service law; and\n  (b) the term "death in service" shall include the death of such a\nmember who dies while off the payroll provided he or she (i) was on the\npayroll in such service and paid within a period of twelve months prior\nto his or her death, or was on the payroll in the service upon which\nmembership is based at the time he or she was ordered to active duty\npursuant to Title 10 of the United States Code, with the armed forces of\nthe United States or to service in the uniformed services pursuant to\nChapter 43 of Title 38 of the United States Code and died while on such\nactive duty or service in the uniformed services on or after June\nfourteenth, two thousand five, (ii) had not been otherwise gainfully\nemployed since he or she ceased to be on such payroll and (iii) had\ncredit for one or more years of continuous service since he last entered\nor reentered the service of his or her employer. Provided, further, that\nany such member ordered to active duty pursuant to Title 10 of the\nUnited States Code, with the armed forces of the United States or to\nservice in the uniformed services pursuant to Chapter 43 of Title 38 of\nthe United States Code who died prior to rendering the minimum amount of\nservice necessary to be eligible for this benefit shall be considered to\nhave satisfied the minimum service requirement.\n  4. The provisions of this subdivision shall apply in any case where\ndeath occurs on or after the date this subdivision takes effect and\nprior to July first, nineteen hundred seventy-four.\n
N.Y. VAT Law § 1215 — New York Code / Act VAT / Title 7 / Article 33 / Section 1215
Driving on mountain highways
Status: in_force

§ 1215. Driving on mountain highways. The driver of a motor vehicle\ntraveling through defiles or canyons or on mountain highways shall hold\nsuch motor vehicle under control and as near the right-hand edge of the\nhighway as reasonably possible and, upon approaching any curve where the\nview is obstructed within a distance of two hundred feet along the\nhighway, shall give audible warning with the horn of such motor vehicle.\n
N.Y. VAT Law § 1180 — New York Code / Act VAT / Title 7 / Article 30 / Section 1180
Basic rule and maximum limits
Status: in_force

§ 1180. Basic rule and maximum limits. (a) No person shall drive a\nvehicle at a speed greater than is reasonable and prudent under the\nconditions and having regard to the actual and potential hazards then\nexisting.\n  (b) Except as provided in subdivision (g) of this section and except\nwhen a special hazard exists that requires lower speed for compliance\nwith subdivision (a) of this section or when maximum speed limits have\nbeen established as hereinafter authorized, no person shall drive a\nvehicle at a speed in excess of fifty-five miles per hour.\n  (c) Except as provided in subdivision (g) of this section, whenever\nmaximum school speed limits have been established on a highway adjacent\nto a school as authorized in section sixteen hundred twenty, sixteen\nhundred twenty-two, sixteen hundred thirty, sixteen hundred forty-three\nor sixteen hundred sixty-two-a, no person shall drive in excess of such\nmaximum school speed limits during:\n  (1) school days at times indicated on the school zone speed limit\nsign, provided, however, that such times shall be between the hours of\nseven o'clock A.M. and six o'clock P.M. or alternative times within such\nhours; or\n  (2) a period when the beacons attached to the school zone speed limit\nsign are flashing and such sign is equipped with a notice that indicates\nthat the school zone speed limit is in effect when such beacons are\nflashing, provided, however, that such beacons shall only flash during\nstudent activities at the school and up to thirty minutes immediately\nbefore and up to thirty minutes immediately after such student\nactivities.\n  (d) 1. Except as provided in subdivision (g) of this section, whenever\nmaximum speed limits, other than school speed limits, have been\nestablished as authorized in sections sixteen hundred twenty, sixteen\nhundred twenty-two, sixteen hundred twenty-three, sixteen hundred\ntwenty-seven, sixteen hundred thirty, sixteen hundred forty-three,\nsixteen hundred forty-four, sixteen hundred fifty-two, sixteen hundred\nsixty-two-a, sixteen hundred sixty-three, and sixteen hundred seventy,\nno person shall drive in excess of such maximum speed limits at any\ntime.\n  2. Except as provided in subdivision (g) of this section, whenever\nmaximum speed limits, other than school speed limits, have been\nestablished with respect to any restricted highway as authorized in\nsection sixteen hundred twenty-five, no person shall drive in excess of\nsuch maximum speed limits at any time.\n  (e) The driver of every vehicle shall, consistent with the\nrequirements of subdivision (a) of this section, drive at an appropriate\nreduced speed when approaching and crossing an intersection or railway\ngrade crossing, when approaching and going around a curve, when\napproaching a hill crest, when approaching and passing by an emergency\nsituation involving any authorized emergency vehicle which is parked,\nstopped or standing on a highway and which is displaying one or more red\nor combination red, white, and/or blue lights pursuant to the provisions\nof paragraph two and subparagraph b of paragraph four of subdivision\nforty-one of section three hundred seventy-five of this chapter, when\ntraveling upon any narrow or winding roadway, and when any special\nhazard exists with respect to pedestrians, or other traffic by reason of\nweather or highway conditions, including, but not limited to a highway\nconstruction or maintenance work area, or when approaching a hazard\nvehicle which is parked, stopped or standing on the shoulder or on any\nportion of such highway and such hazard vehicle is displaying one or\nmore amber lights pursuant to the provisions of paragraph three of\nsubdivision forty-one of section three hundred seventy-five of this\nchapter.\n  (f) Except as provided in subdivision (g) of this section and except\nwhen a special hazard exists that requires lower speed for compliance\nwith subdivision (a) or (e) of this section or when a lower maximum\nspeed limit has been established, no person shall drive a vehicle\nthrough a highway construction or maintenance work area at a speed in\nexcess of the posted work area speed limit. The agency having\njurisdiction over the affected street or highway may establish work area\nspeed limits which are less than the normally posted speed limits;\nprovided, however, that such normally posted speed limit may exceed the\nwork area speed limit by no more than twenty miles per hour; and\nprovided further that no such work area speed limit may be established\nat less than twenty-five miles per hour.\n  (g) (i) No person who uses a radar or laser detector in a vehicle with\na gross vehicle weight rating of more than eighteen thousand pounds, or\na commercial motor vehicle with a gross vehicle weight rating of more\nthan ten thousand pounds, shall drive at a speed in excess of fifty-five\nmiles per hour or, if a maximum speed limit other than fifty-five miles\nper hour as hereinbefore authorized has been established, at a speed in\nexcess of such speed limit. The presence in any such vehicle of either:\n(1) a radar or laser detector connected to a power source and in an\noperable condition; or (2) a concealed radar or laser detector where a\npart of such detector is securely affixed to some part of the vehicle\noutside of the cab, in a manner which renders the detector not readily\nobservable, is presumptive evidence of its use by any person operating\nsuch vehicle. Either such presumption shall be rebutted by any credible\nand reliable evidence which tends to show that such radar or laser\ndetector was not in use.\n  (ii) The provisions of this section shall not be construed as\nauthorizing the seizure or forfeiture of a radar or laser detector,\nunless otherwise provided by law.\n  (h) Upon a conviction for a violation of subdivision (b), (c), (d),\n(f) or (g) of this section, the court shall record the speed upon which\nthe conviction was based on the certificate required to be filed with\nthe commissioner pursuant to section five hundred fourteen of this\nchapter, or if the conviction occurs in an administrative tribunal\nestablished pursuant to article two-A of this chapter, the speed upon\nwhich the conviction was based shall be entered in the department's\nrecords.\n  1. Every person convicted of a violation of subdivision (b) or\nparagraph one of subdivision (d) of this section shall be punished as\nfollows:\n  (i) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nnot more than ten miles per hour, by a fine of not less than forty-five\nnor more than one hundred fifty dollars;\n  (ii) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nmore than ten miles per hour but not more than thirty miles per hour, by\na fine of not less than ninety nor more than three hundred dollars or by\nimprisonment for not more than fifteen days or by both such fine and\nimprisonment;\n  (iii) Where the court or tribunal records or enters that the speed\nupon which the conviction was based exceeded the applicable speed limit\nby more than thirty miles per hour, by a fine of not less than one\nhundred eighty nor more than six hundred dollars, or by imprisonment for\nnot more than thirty days, or by both such fine and imprisonment.\n  2. Every person convicted of a violation of subdivision (a) or (e) of\nthis section shall be punished by a fine of not less than forty-five nor\nmore than one hundred fifty dollars, or by imprisonment for not more\nthan fifteen days, or by both such fine and imprisonment.\n  3. Every person convicted of a violation of paragraph two of\nsubdivision (d), subdivision (f) or (g) of this section shall be\npunished as follows:\n  (i) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nnot more than ten miles per hour, by a fine of not less than ninety nor\nmore than one hundred fifty dollars;\n  (ii) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nmore than ten miles per hour, but not more than thirty miles per hour,\nby a fine of not less than one hundred eighty nor more than three\nhundred dollars or by imprisonment for not more than thirty days, or by\nboth such fine and imprisonment, provided, however, that where the\nvehicle is either (A) in violation of any rules or regulations involving\nan out-of-service defect relating to brake systems, steering components\nand/or coupling devices, or (B) transporting flammable gas, radioactive\nmaterials or explosives, the fine shall be three hundred dollars or\nimprisonment for not more than thirty days, or both such fine and\nimprisonment;\n  (iii) Where the court or tribunal records or enters that the speed\nupon which the conviction was based exceeded the applicable speed limit\nby more than thirty miles per hour, by a fine of not less than three\nhundred sixty nor more than six hundred dollars or by imprisonment for\nnot more than thirty days or by both such fine and imprisonment,\nprovided, however, that where the vehicle is either (A) in violation of\nany rules or regulations involving an out-of-service defect relating to\nbrake systems, steering components and/or coupling devices, or (B)\ntransporting flammable gas, radioactive materials or explosives, the\nfine shall be six hundred dollars or imprisonment for not more than\nthirty days, or both such fine and imprisonment.\n  4. Every person convicted of a violation of subdivision (c) of this\nsection when such violation occurs in a school speed zone during a\nschool day between the hours of seven o'clock A.M. and six o'clock P.M.,\nshall be punished as follows:\n  (i) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nnot more than ten miles per hour, by a fine of not less than ninety nor\nmore than three hundred dollars;\n  (ii) Where the court or tribunal records or enters that the speed upon\nwhich the conviction was based exceeded the applicable speed limit by\nmore than ten miles per hour but not more than thirty miles per hour, by\na fine of not less than one hundred eighty nor more than six hundred\ndollars or by imprisonment for not more than fifteen days or by both\nsuch fine and imprisonment;\n  (iii) Where the court or tribunal records or enters that the speed\nupon which the conviction was based exceeded the applicable speed limit\nby more than thirty miles per hour, by a fine of not less than three\nhundred sixty nor more than one thousand two hundred dollars, or by\nimprisonment for not more than thirty days, or by both such fine and\nimprisonment.\n  5. Notwithstanding the foregoing provisions of this subdivision, the\nmaximum fine provided herein for the violation for which the person is\nsentenced may be increased by an additional one hundred fifty dollars if\nthe conviction is for a second violation of any subdivision of this\nsection where both violations were committed within an eighteen month\nperiod, and the maximum fine provided herein for the violation for which\nthe person is sentenced may be increased by an additional three hundred\nseventy-five dollars if the conviction is for a third or subsequent\nviolation of any subdivision of this section where all such violations\nwere committed within an eighteen month period. Where an additional fine\nis provided by this paragraph, a sentence of imprisonment for not more\nthan thirty days may be imposed in place of or in addition to any fine\nimposed.\n
N.Y. VAT Law § 1198-A — New York Code / Act VAT / Title 7 / Article 31 / Section 1198-A
Special procedures and disposition involving alcohol and substance abuse assessment and treatment
Status: in_force

§ 1198-a. Special procedures and disposition involving alcohol and\nsubstance abuse assessment and treatment. 1. Definitions. For purposes\nof this section, the following terms shall have the following meanings:\n  (a) "Alcohol and substance abuse professional" shall mean persons\ncredentialed by the office of alcoholism and substance abuse services to\nprovide alcohol and substance abuse services pursuant to the mental\nhygiene law and persons licensed by the state education department in an\nappropriate health field, including licensed clinical social worker,\nlicensed master social worker, licensed mental health counselor, nurse\npractitioner, physician, physician's assistant, psychiatrist,\npsychologist, and registered nurse.\n  (b) "Licensed agency" shall mean an agency licensed by the office of\nalcoholism and substance abuse services to provide alcohol and substance\nabuse services pursuant to the mental hygiene law.\n  2. Procedure. (a) Mandatory screening; when authorized. Upon the\narraignment of, or at the discretion of the court, prior to the\nsentencing of any person who (i) at arraignment is charged with or prior\nto sentencing convicted of a first violation of operating a motor\nvehicle in violation of subdivision one, two or three or paragraph (b)\nof subdivision two-a of section eleven hundred ninety-two of this\narticle while such person has less than .15 of one per centum by weight\nof alcohol in the person's blood as shown by chemical analysis of such\nperson's blood, breath, urine or saliva made pursuant to the provisions\nof section eleven hundred ninety-four of this article, or in violation\nof subdivision four of such section eleven hundred ninety-two, or (ii)\nhas refused to submit to a chemical test pursuant to section eleven\nhundred ninety-four of this article, the court shall order such person\nto submit to screening for alcohol or substance abuse and dependency\nusing a standardized written screening instrument developed by the\noffice of alcoholism and substance abuse services, to be administered by\nan alcohol or substance abuse professional.\n  (b) Mandatory assessment; when authorized. The court shall order a\ndefendant to undergo a formal alcohol or substance abuse and dependency\nassessment by an alcohol or substance abuse professional or a licensed\nagency: (i) when the screening required by paragraph (a) of this\nsubdivision indicates that a defendant is abusing or dependent upon\nalcohol or drugs; (ii) following the arraignment of any person charged\nwith or, at the discretion of the court, prior to the sentencing of any\nperson convicted of a violation of subdivision one, two, three, four or\nfour-a of section eleven hundred ninety-two of this article after having\nbeen convicted of a violation of any subdivision of section eleven\nhundred ninety-two of this article or of vehicular assault in the second\nor first degree, as defined, respectively, in sections 120.03 and 120.04\nof the penal law or of aggravated vehicular assault, as defined in\nsection 120.04-a of the penal law or of vehicular manslaughter in the\nsecond or first degree, as defined, respectively, in sections 125.12 and\n125.13 of the penal law or of aggravated vehicular homicide, as defined\nin section 125.14 of such law within the preceding five years or after\nhaving been convicted of a violation of any subdivision of such section\nor of vehicular assault in the second or first degree, as defined,\nrespectively, in sections 120.03 and 120.04 of the penal law or of\naggravated vehicular assault, as defined in section 120.04-a of the\npenal law or of vehicular manslaughter in the second or first degree, as\ndefined, respectively, in sections 125.12 and 125.13 of the penal law or\nof aggravated vehicular homicide, as defined in section 125.14 of such\nlaw, two or more times within the preceding ten years; or (iii)\nfollowing the arraignment of any person charged with or, at the\ndiscretion of the court, prior to the sentencing of any person convicted\nof operating a motor vehicle in violation of subdivision two or three or\nparagraph (b) of subdivision two-a of section eleven hundred ninety-two\nof this article while such person has .15 of one per centum or more by\nweight of alcohol in the person's blood as shown by a chemical analysis\nof such person's blood, breath, urine or saliva made pursuant to the\nprovisions of section eleven hundred ninety-four of this article or in\nviolation of paragraph (a) of subdivision two-a of section eleven\nhundred ninety-two of this article.\n  (c) Mandatory assessment; procedure. The assessment ordered by a court\npursuant to this section shall be performed by an alcohol or substance\nabuse professional or a licensed agency which shall forward the results,\nin writing, to the court and to the defendant or his or her counsel\nwithin thirty days of the date of such order.\n  3. Authorized disposition. When a sentence of probation or a\nconditional discharge is imposed upon a person who has been required to\nundergo an alcohol or substance abuse and dependency assessment pursuant\nto subdivision two of this section and where such assessment indicates\nthat such person is in need of treatment for alcohol or substance abuse\nor dependency, the court shall require, as a condition of such sentence,\nthat such person participate in and successfully complete such\ntreatment. Such treatment shall be provided by an alcohol or substance\nabuse professional or a licensed agency.\n  4. Any case wherein a court has accepted a plea pursuant to the\nprovisions of subparagraph (ii) of paragraph (a) of subdivision ten of\nsection eleven hundred ninety-two of this article and such plea includes\nas a condition thereof that the defendant attend and complete the\nalcohol and drug rehabilitation program established pursuant to section\neleven hundred ninety-six of this article, including any assessment and\ntreatment required thereby, shall be deemed to be in compliance with the\nprovisions of this section.\n  5. The chief administrator of the office of court administration shall\nmake available to all courts in this state with jurisdiction in criminal\ncases a list of alcohol and substance abuse professionals and licensed\nagencies as provided by the office of alcoholism and substance abuse\nservices pursuant to subdivision (g) of section 19.07 of the mental\nhygiene law.\n  6. Confidentiality of records. (a) The records and content of all\nscreenings, assessments and treatment conducted pursuant to this\nsection, including the identity, diagnosis and prognosis of each\nindividual who is the subject of such records, and including any\nstatements or admissions of such individual made during the course of\nsuch screenings, assessments and treatment, shall be confidential, shall\nnot be disclosed except as authorized by this subdivision, and shall not\nbe entered or received as evidence at any civil, criminal or\nadministrative trial, hearing or proceeding. No person, other than a\ndefendant to whom such records are disclosed, may redisclose such\nrecords.\n  (b) Consistent with Section 290 dd-2 of Title 42 of the United States\nCode, as such law may, from time to time, be amended, such records and\ncontent may only be disclosed as follows:\n  (i) to a court for the sole purpose of requiring a defendant charged\nwith or convicted of a violation of subdivision one, two, two-a, three,\nfour or four-a of section eleven hundred ninety-two of this article to\nundergo alcohol or substance abuse or dependency assessment or\ntreatment;\n  (ii) to the defendant or his or her authorized representative; and\n  (iii) to medical personnel to the extent necessary to meet a bona fide\nmedical emergency.\n  7. Effect of completion of treatment. Except as provided in\nsubparagraph nine of paragraph (b) of subdivision two of section eleven\nhundred ninety-three or in subparagraph three of paragraph (d) of\nsubdivision two of section eleven hundred ninety-four of this article,\nupon successful completion of treatment ordered pursuant to this section\nas certified by the alcohol or substance abuse professional or licensed\nagency which provided such treatment, the defendant may apply to the\ncommissioner on a form provided for that purpose, for the termination of\nthe suspension or revocation order issued as a result of the defendant's\nconviction. In the exercise of discretion, upon receipt of such\napplication, and upon payment of any civil penalties for which the\ndefendant may be liable, the commissioner is authorized to terminate\nsuch order or orders and return the defendant's license or reinstate the\nprivilege of operating a motor vehicle in this state. However, the\ncommissioner shall not issue any new license nor restore any license\nwhere said issuance or restoration is prohibited by subdivision two of\nsection eleven hundred ninety-three of this article.\n
N.Y. ENV Law § 33-0704 — New York Code / Act ENV / Article 33 / Title 7 / Section 33-0704
Review of applications to register pesticides
Status: in_force

§ 33-0704. Review of applications to register pesticides.\n  1. For registration applications subject to review pursuant to\nsubdivisions two through five of this section, an application for\npesticide registration shall be determined by the commissioner to be\ncomplete or incomplete within sixty days of receipt of an application\nfor registration. If the commissioner does not issue a determination of\ncompleteness or incompleteness within sixty days of receipt of an\napplication for registration, the application shall be deemed complete.\nUpon reaching a determination of completeness or incompleteness, the\ncommissioner shall send written notice to the applicant. If the\napplication is determined to be incomplete, the commissioner shall\ninclude a statement of the reasons for which the application was\ndetermined to be incomplete. The resubmission of the application or the\nsubmission of additional information in response to a request for\nadditional information shall commence a new sixty calendar day period\nfor department review of the additional information for purposes of\ndetermining completeness.\n  2. The commissioner shall issue or deny registration of a pesticide\nwhich contains an active ingredient not previously registered by the\ncommissioner or which contains an active ingredient previously\nregistered for which a major change in labeling is proposed within one\nhundred fifty days of a determination that such application is complete.\nIf registration of such pesticide is not granted or denied within such\nperiod, the applicant may submit to the commissioner, in the form\nprescribed by the commissioner, a request to grant or deny the\nregistration. If the registration is not granted or denied within thirty\ndays following the receipt of such a request, the registration shall be\ndeemed granted. Any denial of registration shall specify the grounds for\ndenial.\n  3. The commissioner shall issue or deny registration of a pesticide to\nmeet a special local need within sixty days of a determination that such\napplication is complete. If registration of such pesticide is not\ngranted or denied within such period, the applicant may submit to the\ncommissioner, in the form prescribed by the commissioner, a request to\ngrant or deny the registration. If the registration is not granted or\ndenied within ten business days following receipt of such a request, the\nregistration shall be deemed granted. Any denial of registration shall\nspecify the grounds for denial.\n  4. The commissioner shall issue or deny registration of a pesticide\nwhich contains an active ingredient previously registered and which does\nnot propose a major change in labeling within ninety days of a\ndetermination that such application is complete. If registration of such\npesticide is not granted or denied within such period, the applicant may\nsubmit to the commissioner, in the form prescribed by the commissioner,\na request to grant or deny the registration. If the registration is not\ngranted or denied within thirty days following the receipt of such a\nrequest, the registration shall be deemed granted. Any denial of\nregistration shall specify the grounds for denial.\n  5. The commissioner shall grant or deny registration of amended\nlabeling of a pesticide product previously registered, other than a\nmajor change in labeling, within thirty days following a determination\nthat the application to register the amended labeling is complete. If\nregistration of such amended labeling is not granted or denied within\nthirty days of a determination that the application is complete, the\napplicant may submit, in the form prescribed by the commissioner, a\nrequest to grant or deny registration of the amended labeling. If\nregistration of the amended labeling is not granted or denied within\nthirty days following receipt of such a request, the registration shall\nbe deemed granted. Any denial shall specify the grounds for denial.\n  6. At any time during the review of an application to register a\npesticide the commissioner may request reasonable additional information\nfrom the applicant with regard to any matter contained in the\napplication when such additional information is necessary for the\ncommissioner to make a decision on the registration application. Such\nrequest shall not extend any time period within which a registration\ndecision must be made.\n  7. A request that the commissioner apply for an emergency exemption\nfrom a federal act providing for the registration of pesticides for a\nuse of a pesticide for which no registration has been issued under such\nfederal act shall be filed with the commissioner at least one hundred\nfive days prior to the date on which such use is proposed to commence.\nWithin thirty days of receipt of such a request, the commissioner shall\ndetermine whether the materials submitted with the request are adequate\nto support an application for an emergency exemption, and shall so\ninform the person submitting the request. If a request is determined to\nbe adequate to support an application for an emergency exemption, an\napplication shall be filed by the commissioner at least sixty days prior\nto the date upon which such use is proposed to commence.\n  8. Any time period specified in this section may be extended with the\nconsent of the applicant.\n  9. The commissioner shall promulgate rules and regulations necessary\nand appropriate to carry out the purposes of this title, which shall\ninclude a definition of a complete application to register a pesticide.\nRegulations defining a complete application to register a pesticide\nshall be promulgated not later than April 1, 1993.\n
N.Y. VAT Law § 1121 — New York Code / Act VAT / Title 7 / Article 25 / Section 1121
Passing vehicles proceeding in opposite directions
Status: in_force

§ 1121. Passing vehicles proceeding in opposite directions.  Drivers\nof vehicles proceeding in opposite direction shall pass each other to\nthe right, and upon roadways having width for not more than one line of\ntraffic in each direction each driver shall give to the other at least\none-half of the main-traveled portion of the roadway as nearly as\npossible.\n
N.Y. EDN Law § 6005 — New York Code / Act EDN / Title 7 / Article 121 / Section 6005
Appropriations
Status: in_force

§ 6005. Appropriations.  The state university trustees shall maintain\ngeneral supervision over the requests for appropriations, budget,\nestimates and expenditures of such college.  All moneys received from\nstate appropriations for such college shall be expended upon vouchers\napproved by the chancellor of the state university, as the chief\nadministrative officer of the state university, or by such authority or\nauthorities in the state university as shall be designated by the\nchancellor by a rule or written direction filed with the comptroller,\nwhen and in the manner authorized by the state university trustees.\n
N.Y. EDN Law § 6308 — New York Code / Act EDN / Title 7 / Article 126 / Section 6308
Defense and indemnification of community college trustees, officers and employees
Status: in_force

§ 6308. Defense and indemnification of community college trustees,\nofficers and employees. 1. As used in this section, the term "employee"\nshall mean any person holding a position by appointment or employment in\nthe service of a community college, whether or not compensated, or a\nvolunteer expressly authorized to participate in a community college\nsponsored volunteer program, but shall not include an independent\ncontractor. The term employee shall include a former employee, his\nestate or judicially appointed personal representative.\n  2. (a) Upon compliance by the employee with the provisions of\nsubdivision four of this section, the local sponsor of a community\ncollege shall provide for the defense of the employee in any civil\naction or proceeding in any state or federal court arising out of any\nalleged act or omission which occurred or is alleged in the complaint to\nhave occurred while the employee was acting within the scope of his\npublic employment or duties, or which is brought to enforce a provision\nof section nineteen hundred eighty-one or nineteen hundred eighty-three\nof title forty-two of the United States code and the act or omission\nunderlying the action occurred or is alleged in the complaint to have\noccurred while the employee was acting within the scope of his public\nemployment or duties. This duty to provide for a defense shall not arise\nwhere such civil action or proceeding is brought by or on behalf of the\nlocal sponsor.\n  (b) Subject to the conditions set forth in paragraph (a) of this\nsubdivision, the employee shall be entitled to be represented by the\nlocal sponsor provided, however, that the employee shall be entitled to\nrepresentation by private counsel of his choice in any civil judicial\nproceeding whenever the local sponsor determines based upon its\ninvestigation and review of the facts and circumstances of the case that\nrepresentation by the local sponsor would be inappropriate, or whenever\na court of competent jurisdiction, upon appropriate motion or otherwise\nby a special proceeding, determines that a conflict of interest exists\nand that the employee is entitled to be represented by private counsel\nof his choice. The local sponsor shall notify the employee in writing of\nsuch determination that the employee is entitled to be represented by\nprivate counsel. The local sponsor may require, as a condition to\npayment of the fees and expenses of such representation, that\nappropriate groups of such employees be represented by the same counsel.\nThe local sponsor shall certify to its chief fiscal officer that the\nemployee or group of employees is entitled to representation by private\ncounsel under the provisions of this section. Reasonable attorneys' fees\nand litigation expenses shall be paid by the local sponsor to such\nprivate counsel from time to time during the pendency of the civil\naction or proceeding subject to certification that the employee is\nentitled to representation under the terms and conditions of this\nsection by the board of trustees of the community college at which such\nemployee is employed and upon the audit and warrant of the chief fiscal\nofficer of the sponsor. Any dispute with respect to representation of\nmultiple employees by a single counsel or the amount of litigation\nexpenses or the reasonableness of attorneys' fees shall be resolved by\nthe court upon motion or by way of a special proceeding.\n  (c) Where the employee delivers process and a request for a defense to\nthe local sponsor as required by subdivision four of this section, the\nsponsor shall take the necessary steps including the retention of\nprivate counsel under the terms and conditions provided in paragraph (b)\nof this subdivision on behalf of the employee to avoid entry of a\ndefault judgment pending resolution of any question pertaining to the\nobligation to provide for a defense.\n  3. (a) The local sponsor shall indemnify and save harmless its\nemployees in the amount of any judgment obtained against such employees\nin any state or federal court, or in the amount of any settlement of a\nclaim, or shall pay such judgement or settlement; provided, that the act\nor omission from which such judgment or settlement arose occurred while\nthe employee was acting within the scope of his public employment or\nduties; the duty to indemnify and save harmless or pay prescribed by\nthis subdivision shall not arise where the injury or damage resulted\nfrom intentional wrongdoing or recklessness on the part of the employee.\n  (b) An employee represented by the local sponsor or by private counsel\npursuant to this section shall cause to be submitted to the board of\ntrustees of the community college at which he is employed any proposed\nsettlement which may be subject to indemnification or payment by the\nlocal sponsor and if not inconsistent with the provisions of this\nsection such board of trustees of the community college at which he is\nemployed shall certify such settlement, and submit such settlement and\ncertification to the local sponsor. The local sponsor shall review such\nproposed settlement as to form and amount, and shall give its approval\nif in its judgment the settlement is in the best interest of the local\nsponsor and the community college. Nothing in this subdivision shall be\nconstrued to authorize the local sponsor to indemnify and save harmless\nan employee with respect to a settlement or pay any such settlement not\nso reviewed and approved.\n  (c) Nothing in this subdivision shall authorize the local sponsor to\nindemnify and save harmless an employee with respect to punitive or\nexemplary damages, fines or penalties, or money recovered from an\nemployee pursuant to section fifty-one of the general municipal law;\nprovided, however, that the local sponsor shall indemnify and save\nharmless its employees in the amount of any costs, attorneys' fees,\ndamages, fines or penalties which may be imposed by reason of an\nadjudication that an employee, acting within the scope of his public\nemployment or duties, has, without willfulness or intent on his part,\nviolated a prior order, judgement, consent decree or stipulation of\nsettlement entered in any court of this state or of the United States.\n  (d) Upon entry of a final judgment against the employee, or upon the\nsettlement of the claim, the employee shall cause to be served a copy of\nsuch judgment or settlement, personally or by certified or registered\nmail within thirty days of the date of entry or settlement, upon the\nboard of trustees of the community college at which he is employed; and\nif not inconsistent with the provisions of this section, such judgment\nor settlement shall be certified for payment by such board. If the local\nsponsor concurs in such certification, the judgment or settlement shall\nbe paid upon the audit and warrant of the chief fiscal officer of the\nlocal sponsor.\n  4. The duty to defend or indemnify and save harmless prescribed by\nthis section shall be conditioned upon (i) delivery to the local sponsor\nat its main business office by the employee of the original or a copy of\nany summons, complaint, process, notice, demand or pleading within five\ndays after he is served with such document, and (ii) the full\ncooperation of the employee in the defense of such action or proceeding\nand in defense of any action or proceeding against the community college\nor local sponsor based upon the same act or omission, and in the\nprosecution of any appeal. Such delivery shall be deemed a request by\nthe employee that the local sponsor provide for his defense pursuant to\nthis section.\n  5. The benefits of this section shall inure only to employees as\ndefined herein and shall not enlarge or diminish the rights of any other\nparty nor shall any provision of this section be construed to affect,\nalter or repeal any provision of the workers' compensation law.\n  6. The provisions of this section shall not in any way affect the\nobligation of any claimant to give notice to the local sponsor under any\nprovision of law.\n  7. The provisions of this section shall not be construed to impair,\nalter, limit or modify the rights and obligations of any insurer under\nany policy of insurance.\n  8. The provisions of this section shall apply to all actions and\nproceedings pending upon the effective date thereof or thereafter\ninstituted.\n  9. Except as otherwise specifically provided in this section, the\nprovisions of this section shall not be construed in any way to impair,\nalter, limit, modify, abrogate or restrict any immunity available to or\nconferred upon any unit, entity, officer or employee of the sponsor or\nany other level of government, or any right to defense and/or\nindemnification provided for any governmental officer or employee by, in\naccordance with, or by reason of, any other provision of state or\nfederal statutory or common law.\n  10. If any provision of this section or the application thereof to any\nperson or circumstance be held unconstitutional or invalid in whole or\nin part by any court of competent jurisdiction, such holding of\nunconstitutionality or invalidity shall in no way affect or impair any\nother provision of this section or the application of any such provision\nto any other person or circumstance.\n  11. In the case of colleges sponsored by community college regions,\nreferences in this section to the board of trustees of a community\ncollege shall mean the president of colleges sponsored by such regions.\n
N.Y. PBA Law § 1156 — New York Code / Act PBA / Article 5 / Title 7 / Section 1156
Bonds of the authority
Status: in_force

§ 1156. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue its negotiable bonds\nin conformity with applicable provisions of the uniform commercial code\nfor any of its corporate purposes, including incidental expenses in\nconnection therewith, and to secure the payment of the same by a lien or\npledge covering all or part of its contract, earnings or revenues. The\nauthority shall have power from time to time whenever it deems refunding\nexpedient, to refund any bonds by the issuance of new bonds, whether the\nbonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any of its\ncorporate purposes. Except as may be otherwise expressly provided by the\nauthority, every issue of bonds by the authority shall be general\nobligations payable out of any moneys, earnings or revenues of the\nauthority, subject only to any agreements with the holders of particular\nbonds pledging any particular moneys, earnings or revenues.\n  2. The bonds shall be authorized by resolution of the authority and\nshall bear such date or dates, mature at such time or times not\nexceeding forty years from their respective dates, bear interest at such\nrates per annum not exceeding six per centum per annum payable at such\ntimes, be in such denominations, be in such form either coupon or\nregistered, 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.\n  Bonds of the authority shall be sold at public sale upon sealed bids\nto the bidder who shall offer the lowest interest cost to the authority\nto be determined by the authority. The notice of sale shall be published\nat least once, not less than ten nor more than forty days before the\ndate of sale, in a financial newspaper published and circulated in the\ncity of New York and designated by the authority. The notice shall call\nfor the receipt of sealed bids and shall fix the date, time and place of\nsale. Bonds may also be sold at private sale. Such bonds, whether\npublicly or privately sold, shall be sold for a price not less than\nninety-six per centum of the par value thereof, plus accrued interest,\nprovided always that the interest cost to maturity of the moneys\nrealized from the sale of such bonds shall not exceed six per centum per\nannum. The terms of private sale shall be approved by the comptroller,\nor by the division of the budget when the sale is to the comptroller.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) pledging all or any part of the moneys, earnings, income and\nrevenues derived from all or any part of the properties of the authority\nto secure the payment of the bonds or of any issue of the bonds subject\nto such agreements with bondholders as may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed and\ncollected and the amounts to be raised in each year thereby, and the use\nand disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of the properties in connection with which such bonds are\nissued;\n  (e) limitations in the purposes to which and the manner in which the\nproceeds of sale of any issue of bonds may be applied;\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) the creation of special funds into which any earnings or revenues\nof the authority may be deposited;\n  (i) the terms and provisions of any mortgage or trust deed or\nindenture securing the bonds or under which bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section eleven hundred forty-three hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder such section or limiting the rights, duties and powers of such\ntrustee;\n  (k) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing the rights and remedies of the bondholders in\nthe event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of this state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of its properties;\n  (m) any other matters, of like or different character which in any way\naffect the security or protection of the bonds;\n  (n) limitations on the amount of moneys derived from the properties to\nbe expended for operating, administrative or other expenses of the\nauthority;\n  (o) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (p) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of the properties, the\nsafeguarding and application of all moneys and as to the requirements\nfor the supervision and approval of consulting engineers in connection\nwith construction, reconstruction and operation;\n  (q) the payment of the proceeds of bonds and revenues of the\nproperties to a trustee or other depositary, and for the method of\ndisbursement thereof with such safeguards and restrictions as the\nauthority may determine.\n  4. It is the intention of the legislature that any pledge of earnings,\nrevenues or other moneys made by the authority shall be valid and\nbinding from the time when the pledge is made; that the earnings,\nrevenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds or other obligations shall be liable personally on the bonds or\nother obligations or be subject to any personal liability or\naccountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase (as distinguished from the power of redemption hereinabove\nprovided) any bonds issued by it or which may be assumed by such\nauthority at a price of not more than the principal amount thereof and\naccrued interest, and all such bonds shall be cancelled.\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 properties, and the custody, safeguarding and\napplication of all moneys, and may provide that the properties shall be\nconstructed and paid for under the supervision and approval of\nconsulting engineers. The authority may provide by such trust indenture\nfor the payment of the proceeds of the bonds and the revenues of the\nproperties to the trustee under such trust indenture or other\ndepository, 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 properties. If the\nbonds shall be secured by a trust indenture the bondholders shall have\nno authority to appoint a separate trustee to represent them.\n  Notwithstanding any other provisions of this title, any resolution or\nresolutions authorizing bonds or notes of the authority shall contain a\ncovenant by the authority that it will at all times maintain rates,\nfees, rentals and/or other charges sufficient to pay, and that any\ncontracts entered into by the authority for the sale or distribution of\nwater shall contain rates, fees, rentals or other charges sufficient to\npay, the cost of operation and maintenance of the properties, the\nprincipal of and interest on any obligation issued pursuant to such\nresolution or resolutions as the same severally become due and payable,\nand to maintain any reserves or other funds required by the terms of\nsuch resolution or resolutions.\n
N.Y. VAT Law § 1242 — New York Code / Act VAT / Title 7 / Article 34 / Section 1242
Additional provisions applicable to bicycles with electric assist
Status: in_force

§ 1242. Additional provisions applicable to bicycles with electric\nassist. 1. In addition to complying with all of the rules, regulations,\nand provisions applicable to bicycles contained in this article,\nbicycles with electric assist shall operate in a manner so that the\nelectric motor is disengaged or ceases to function when the brakes are\napplied or the rider stops pedaling, or operate in a manner such that\nthe electric motor is engaged through a switch or mechanism that, when\nreleased, will cause the electric motor to disengage or cease to\nfunction.\n  2. No person less than sixteen years of age shall operate a bicycle\nwith electric assist. The failure of any person to comply with the\nprovisions of this subdivision shall not constitute contributory\nnegligence or assumption of risk, and shall not in any way bar, preclude\nor foreclose an action for personal injury or wrongful death by or on\nbehalf of such person, nor in any way diminish or reduce the damages\nrecoverable in any such action.\n  3. (a) Except as provided in paragraphs (b) and (c) of this\nsubdivision, the governing body of any city, town or village may, by\nlocal law or ordinance, further regulate the time, place and manner of\nthe operation of bicycles with electric assist including, but not\nlimited to, maximum speed, requiring the use of protective headgear, and\nthe wearing of readily visible reflective clothing or material by\noperators of bicycles with electric assist, and may limit, prohibit the\nuse thereof in specified areas, or prohibit entirely the use of bicycles\nwith electric assist within such city, town or village, provided that\nadequate signage is visibly posted outside the boundaries of such\nprohibited areas.\n  (b) The governing body of any city, town or village in the counties of\nNassau or Suffolk may, by local law or ordinance, further regulate the\ntime, place and manner of the operation of bicycles with electric\nassist, including, but not limited to, maximum speed, requiring the use\nof protective headgear, and the wearing of readily visible reflective\nclothing or material by operators of bicycles with electric assist only\nafter adoption of a local law or ordinance by the governing body of the\ncounty in which the city, town or village is located. Provided, however,\nthat the provisions of this paragraph shall not apply to the adoption of\na local law or ordinance by a city, town or village in the counties of\nNassau or Suffolk pursuant to the provisions of paragraph (a) of this\nsubdivision to prohibit the use of bicycles with electric assist in\nspecified areas, or prohibit entirely the use of bicycles with electric\nassist within such city, town or village, provided that adequate signage\nis visibly posted outside the boundaries of such prohibited areas.\n  (c) The governing body of any town or village in the county of\nWestchester may, by local law or ordinance, further regulate the time,\nplace and manner of the operation of bicycles with electric assist,\nincluding, but not limited to, maximum speed, requiring the use of\nprotective headgear, and the wearing of readily visible reflective\nclothing or material by operators of bicycles with electric assist only\nafter adoption of a local law or ordinance by the governing body of\nWestchester county. Provided, however, that the provisions of this\nparagraph shall not apply to the adoption of a local law or ordinance by\na town or village in the county of Westchester pursuant to the\nprovisions of paragraph (a) of this subdivision to prohibit the use of\nbicycles with electric assist in specified areas, or prohibit entirely\nthe use of bicycles with electric assist within such town or village,\nprovided that adequate signage is visibly posted outside the boundaries\nof such prohibited areas.\n  4. (a) No person shall operate a bicycle with electric assist on any\npublic lands or property, other than a highway exclusive of any greenway\nrunning adjacent to or connected with a highway, except that a bicycle\nwith electric assist may be operated on any such lands that have been\ndesignated and posted for travel by bicycles with electric assist in\naccordance with the provisions of paragraph (b) of this subdivision. For\nthe purposes of this subdivision, the term "greenway" shall have the\nsame meaning as such term is defined by subdivision seven of section\n44-0103 of the environmental conservation law and subdivision one of\nsection 39.03 of the parks, recreation and historic preservation law.\n  (b) A state agency, by regulation or order, and a city, town or\nvillage, by local law or ordinance, may designate any appropriate public\nlands and properties under its jurisdiction, other than highways\nexclusive of any greenway running adjacent to or connected with a\nhighway, as a place open for travel by bicycles with electric assist\nupon written request for such designation by any person, and may impose\nrestrictions and conditions for the regulation and safe operation of\nbicycles with electric assist on such public lands or property, such as\ntravel on designated trails and hours of operation.\n  5. (a) No bicycle with electric assist shall be operated on a\nsidewalk, except as may be authorized by a local law or ordinance\nadopted by a city, town or village having jurisdiction over such\nsidewalk including parking on certain sidewalks within such city, town\nor village in compliance with the federal Americans with Disabilities\nAct of 1990, as amended (Public Law 101-336).\n  (b) (i) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a bicycle with electric assist owned by a natural person\nwhere the owner is engaged in personal use may park on a sidewalk\nwhether attended or unattended. A city, town or village having\njurisdiction over such sidewalk shall provide a method by which a\nbicycle with electric assist owned by a natural person may be identified\nas such.\n  (ii) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a bicycle with electric assist used to transport property\nin commerce may temporarily park on a sidewalk, whether attended or\nunattended, for the purpose of and while actually engaged commercially\nin the loading or unloading of property. A city, town or village having\njurisdiction over such sidewalk shall provide a method by which a\nbicycle with electric assist used to transport property in commerce may\nbe identified as such.\n  (iii) No person shall park a bicycle with electric assist pursuant to\nthis paragraph in a manner that interferes with the free passage of\npedestrians on a sidewalk.\n  6. Every person operating a bicycle with electric assist shall yield\nthe right of way to pedestrians.\n  7. Notwithstanding the provisions of subdivision (b) of section twelve\nhundred thirty-four of this article to the contrary, persons operating\nbicycles with electric assist upon a roadway shall ride single file.\n  8. Except as may be otherwise provided by local law, ordinance, order,\nrule or regulation enacted or promulgated pursuant to this article, a\nbicycle with electric assist may only be operated on highways with a\nposted speed limit of thirty miles per hour or less, including\nnon-interstate public highways, private roads open to motor vehicle\ntraffic, and designated bicycle or in-line skate lanes.\n  9. No person shall operate a class one or class two bicycle with\nelectric assist in excess of twenty miles per hour. No person shall\noperate a class three bicycle with electric assist in excess of\ntwenty-five miles per hour.\n  10. The operation of a class three bicycle with electric assist\noutside of a city having a population of one million or more is\nprohibited.\n  11. (a) No person, firm, association or corporation engaged in the\nbusiness of selling or leasing bicycles with electric assist shall sell\nor lease any bicycle with electric assist on or after June first, two\nthousand twenty-two unless such bicycle with electric assist has\npermanently affixed thereto, in a prominent location, a manufacturer's\nlabel which shall include the following information: the class, maximum\nmotor-assisted speed, and motor wattage of such bicycle with electric\nassist. Manufacturers and distributors of bicycles with electric assist\nshall, by April first, two thousand twenty-two, establish a process by\nwhich an owner of a bicycle with electric assist may request and obtain\na manufacturer's label providing the class, maximum motor-assisted\nspeed, and motor wattage applicable to his or her bicycle with electric\nassist purchased prior to June first, two thousand twenty-two and\ninstallation instructions from such manufacturers and distributors.\n  (b) No person shall operate a bicycle with electric assist on any\npublic highway or street in this state after June first, two thousand\ntwenty-two unless such bicycle with electric assist has permanently\naffixed thereto, in a prominent location, a manufacturer's label\nproviding the class, maximum motor-assisted speed, and motor wattage of\nsuch bicycle with electric assist. Any person who violates the\nprovisions of this paragraph shall be punished by a civil fine of up to\nfifty dollars. The court shall waive any fine for which a person who\nviolates the provisions of this paragraph would be liable if such person\nsupplies the court with proof that, between the date on which he or she\nis charged with having violated this paragraph and the appearance date\nfor such violation, a manufacturer's label was affixed to his or her\nbicycle with electric assist as required by this paragraph. Provided,\nhowever, that such waiver of fine shall not apply to a second or\nsubsequent conviction under this paragraph.\n  12. A violation of the provisions of subdivision two, five, six, nine,\nor ten of this section shall result in a civil fine not to exceed fifty\ndollars.\n  13. A police officer shall only issue a summons for a violation of\nthis section by a person less than sixteen years of age to the parent or\nguardian of such person if the violation by such person occurs in the\npresence of such person's parent or guardian and where such parent or\nguardian is eighteen years of age or older. Such summons shall only be\nissued to such parent or guardian, and shall not be issued to the person\nless than sixteen years of age.\n
N.Y. ENV Law § 19-0709 — New York Code / Act ENV / Article 19 / Title 7 / Section 19-0709
Local laws, ordinances and regulations
Status: in_force

§ 19-0709. Local laws, ordinances and regulations.\n  Any local laws, ordinances or regulations of any governing body of a\ncounty, city, town or village which are not inconsistent with this\narticle or with any code, rule or regulation which shall be promulgated\npursuant to this article shall not be superseded by it, and nothing in\nthis article or in any code, rule or regulation which shall be\npromulgated pursuant to this article shall preclude the right of any\ngoverning body of a county, city, town or village to adopt local laws,\nordinances or regulations which are not inconsistent with this article\nor with any code, rule or regulation which shall be promulgated pursuant\nto this article provided, however, that the exercise of such right by a\ncounty shall relate only to the area thereof outside any city, village\nor area of any town outside the village or villages therein during such\ntime as such city, village or town has local laws, ordinances or\nregulations consistent with this article or with any code, rule or\nregulation which shall be promulgated pursuant to this article. Any\nlocal laws, ordinances or regulations of a county, city, town or village\nwhich comply with at least the minimum applicable requirements set forth\nin any code, rule or regulation promulgated pursuant to this article\nshall be deemed consistent with this article or with any such code, rule\nor regulation.\n
N.Y. VAT Law § 1180-A — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-A
Maximum speed limits
Status: in_force

§ 1180-a. Maximum speed limits. 1. Notwithstanding any other provision\nof law, no city, village, town, county, public authority, division,\noffice or department of the state shall maintain or create (a) any speed\nlimit in excess of fifty-five miles per hour on any road, highway,\nparkway or bridge or (b) any speed limit on any other portion of a\npublic highway, which is not uniformly applicable to all types of motor\nvehicles using such portion of highway, if on November first, nineteen\nhundred seventy-three, such portion of highway had a speed limit which\nwas uniformly applicable to all types of motor vehicles using it;\nprovided however, a lower speed limit may be established for any vehicle\noperating under a special permit because of any weight or dimension of\nsuch vehicle, including any load thereon, and (c) provided further,\nparagraph (b) of this subdivision shall not apply to any portion of a\nhighway during such time that the condition of the highway, weather, an\naccident, or other condition creates a temporary hazard to the safety of\ntraffic on such portion of a highway. However, the commissioner of the\ndepartment of transportation may establish a maximum speed limit of not\nmore than sixty-five miles per hour on any state roadway which meets\ndepartment criteria for such maximum speed.\n  2. Notwithstanding the provisions of paragraphs (a) and (b) of\nsubdivision one of this section, upon The Governor Thomas E. Dewey\nThruway as such term is defined in section three hundred fifty-six of\nthe public authorities law, the New York state thruway authority may\nestablish a maximum speed limit of not more than sixty-five miles per\nhour provided that such maximum allowable speed limit is established in\naccordance with all applicable rules and regulations.\n  3. Notwithstanding the provisions of paragraphs (a) and (b) of\nsubdivision one of this section, upon (a) the southern tier expressway\nfrom a point east of the town of Lowman, in the county of Chemung,\nthence generally westerly to the Pennsylvania border and from the\nChemung interchange to New York touring route twenty-six, (b) interstate\nroute eighty-one from the Pennsylvania border in Broome county to the\ninterchange with New York state touring route twelve in Jefferson\ncounty, (c) the Adirondack northway portion of interstate route\neighty-seven from the interchange with Crescent Road in Saratoga county\nto the province of Quebec, (d) interstate route eighty-eight from the\ninterchange with New York state touring route three hundred sixty-nine\nin Broome county to the interchange with interstate route ninety in\nSchenectady county, (e) interstate route three hundred ninety, known as\nthe Genesee Expressway, from the interchange with the southern tier\nexpressway in Steuben county to the interchange with interstate route\nfour hundred ninety in Monroe county, (f) interstate route four hundred\nninety from interstate ninety exit forty-five in Ontario county to the\ncity of Rochester in Monroe county and from interstate ninety exit\nforty-seven in Genesee county to the city of Rochester in Monroe county,\n(g) interstate route five hundred ninety from the interchange with\ninterstate route three hundred ninety in Monroe county to the\ninterchange with interstate route four hundred ninety in Monroe county,\n(h) route seventeen from the interchange with New York touring route\nthree hundred ninety-four to the Pennsylvania border, (i) interstate\nroute four hundred eighty-one from the southerly interchange with\ninterstate route eighty-one in Onondaga county to the northerly\ninterchange with interstate route eighty-one in Onondaga county, (j) New\nYork state touring route four hundred eighty-one from the northerly\ninterchange with interstate route eighty-one in Onondaga county to the\ncity of Fulton in Oswego county, (k) interstate ninety from exit eight,\nin the county of Rensselaer, thence generally easterly to the\ninterchange with the Berkshire section of The Governor Thomas E. Dewey\nThruway, (l) interstate route six hundred ninety, from the city of\nSyracuse and town of Geddes border, thence generally westerly to the\ninterchange with the New York state thruway, (m) New York state touring\nroute six hundred ninety, from the interchange with the New York state\nthruway, thence generally westerly to its intersection with New York\nstate touring route forty-eight in the town of Lysander, (n) New York\nstate touring route six hundred ninety-five, from the interchange with\ninterstate route six hundred ninety approximately 2.3 miles to the\ninterchange with New York state touring route five, (o) New York state\ntouring route five from the interchange with New York state touring\nroute six hundred ninety-five approximately 5.0 miles to the interchange\nwith New York state touring route one hundred seventy-four in the town\nof Camillus, and (p) route five hundred thirty-one from the interchange\nwith interstate route four hundred ninety in Monroe county to the\ninterchange with route thirty-six in Monroe county, and (q) United\nStates route two hundred nineteen, from the interchange with Armor\nDuelles Road in the town of Orchard Park, thence generally southerly to\nthe interchange with New York state route thirty-nine in the town of\nConcord, the commissioner of the department of transportation may\nestablish a maximum speed limit of not more than sixty-five miles per\nhour provided that such maximum allowable speed limit is established in\naccordance with all applicable rules and regulations.\n
N.Y. ENV Law § 51-0711 — New York Code / Act ENV / Article 51 / Title 7 / Section 51-0711
Contracts for municipal wetlands restoration projects
Status: in_force

§ 51-0711. Contracts for municipal wetlands restoration projects.\n  1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities owning wetlands, and any such municipality\nmay enter into a contract with the commissioner. Any such contract may\ninclude such provisions as may be agreed upon by the parties thereto,\nand shall include, in substance, the following provisions:\n  a. An estimate of the reasonable cost of the project as determined by\nthe commissioner.\n  b. An agreement by the commissioner to pay to the municipality, during\nthe progress of restoration or following completion of restoration as\nmay be agreed upon by the parties, an amount equal to the actual cost of\nrestoration or the estimated reasonable cost whichever is the lesser.\n  c. An agreement by the municipality\n  (1) to dedicate in perpetuity the wetlands to be restored to assure\ntheir preservation.\n  (2) to proceed expeditiously with, and complete, the project as\napproved by the department.\n  (3) to thereafter maintain the wetlands in the condition to which they\nhave been restored.\n  (4) to apply for and make reasonable efforts to secure federal\nassistance for the project.\n  (5) to secure the approval of the commissioner before applying for\nfederal assistance, in order to maximize the amounts of such assistance\nreceived or to be received for all projects in New York state.\n  d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment pursuant to\nparagraph b of this subdivision becomes available to the municipality,\nthe amount of the state payment shall be recalculated with the inclusion\nof such additional federal assistance and the municipality shall pay to\nthe state the amount by which the state payment actually made exceeds\nthe state payment determined by the recalculation.\n  2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state pursuant to\nparagraph b of subdivision one of this section and of the amount of\nfederal assistance received by the municipality. Such records shall be\nretained by the commissioner and shall establish the basis for\nrecalculation of the state payment.\n
N.Y. VAT Law § 1180-G — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-G
Owner liability for failure of operator to comply with certain posted maximum speed limits
Status: in_force

* § 1180-g. Owner liability for failure of operator to comply with\ncertain posted maximum speed limits. (a) 1. Notwithstanding any other\nprovision of law, the city of Kingston is hereby authorized to establish\na demonstration 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 school speed zone within such city (i) when a school\nspeed limit is in effect as provided in paragraphs one and two of\nsubdivision (c) of section eleven hundred eighty of this article or (ii)\nwhen other speed limits are in effect as provided in subdivision (b),\n(d), (f) or (g) of section eleven hundred eighty of this article during\nthe following times: (A) on school days during school hours and one hour\nbefore and one hour after the school day, and (B) a period during\nstudent activities at the school and up to thirty minutes immediately\nbefore and up to thirty minutes immediately after such student\nactivities. Such demonstration program shall empower the city of\nKingston to install photo speed violation monitoring systems within no\nmore than three school speed zones within such city at any one time and\nto operate such systems within such zones (iii) when a school speed\nlimit is in effect as provided in paragraphs one and two of subdivision\n(c) of section eleven hundred eighty of this article or (iv) when other\nspeed limits are in effect as provided in subdivision (b), (d), (f) or\n(g) of section eleven hundred eighty of this article during the\nfollowing times: (A) on school days during school hours and one hour\nbefore and one hour after the school day, and (B) a period during\nstudent activities at the school and up to thirty minutes immediately\nbefore and up to thirty minutes immediately after such student\nactivities. In selecting a school speed zone in which to install and\noperate a photo speed violation monitoring system, the city shall\nconsider criteria including, but not limited to, the speed data, crash\nhistory, and the roadway geometry applicable to such school speed zone.\n  2. No photo speed violation monitoring system shall be used in a\nschool speed zone unless (i) on the day it is to be used it has\nsuccessfully passed a self-test of its functions; and (ii) it has\nundergone an annual calibration check performed pursuant to paragraph\nfour of this subdivision. The city shall install signs giving notice\nthat a photo speed violation monitoring system is in use to be mounted\non advance warning signs notifying motor vehicle operators of such\nupcoming school speed zone and/or on speed limit signs applicable within\nsuch school speed zone, in conformance with standards established in the\nMUTCD.\n  3. Operators of photo speed violation monitoring systems shall have\ncompleted training in the procedures for setting up, testing, and\noperating such systems. Each such operator shall complete and sign a\ndaily set-up log for each such system that he or she operates that (i)\nstates the date and time when, and the location where, the system was\nset up that day, and (ii) states that such operator successfully\nperformed, and the system passed, the self-tests of such system before\nproducing a recorded image that day. The city shall retain each such\ndaily log until the later of the date on which the photo speed violation\nmonitoring system to which it applies has been permanently removed from\nuse or the final resolution of all cases involving notices of liability\nissued based on photographs, microphotographs, videotape or other\nrecorded images produced by such system.\n  4. Each photo speed violation monitoring system shall undergo an\nannual calibration check performed by an independent calibration\nlaboratory which shall issue a signed certificate of calibration. The\ncity shall keep each such annual certificate of calibration on file\nuntil the final resolution of all cases involving a notice of liability\nissued during such year which were based on photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring system.\n  5. (i) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring systems shall not include images that\nidentify the driver, the passengers, or the contents of the vehicle.\nProvided, however, that no notice of liability issued pursuant to this\nsection shall be dismissed solely because such a photograph,\nmicrophotograph, videotape or other recorded image allows for the\nidentification of the driver, the passengers, or the contents of\nvehicles where the city shows that it made reasonable efforts to comply\nwith the provisions of this paragraph in such case.\n  (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a photo speed violation monitoring system shall be for the\nexclusive use of the city for the purpose of the adjudication of\nliability imposed pursuant to this section and of the owner receiving a\nnotice of liability pursuant to this section, and shall be destroyed by\nthe city upon the final resolution of the notice of liability to which\nsuch photographs, microphotographs, videotape or other recorded images\nrelate, or one year following the date of issuance of such notice of\nliability, whichever is later. Notwithstanding the provisions of any\nother law, rule or regulation to the contrary, photographs,\nmicrophotographs, videotape or any other recorded image from a photo\nspeed violation monitoring system shall not be open to the public, nor\nsubject to civil or criminal process or discovery, nor used by any court\nor administrative or adjudicatory body in any action or proceeding\ntherein except that which is necessary for the adjudication of a notice\nof liability issued pursuant to this section, and no public entity or\nemployee, officer or agent thereof shall disclose such information,\nexcept that such photographs, microphotographs, videotape or any other\nrecorded images from such systems:\n  (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n  (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n  (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n  (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n  (b) If the city of Kingston establishes a demonstration program\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, within a school speed zone in violation of subdivision (c)\nor during the times authorized pursuant to subdivision (a) of this\nsection in violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this article, such vehicle was traveling at a\nspeed of more than ten miles per hour above the posted speed limit in\neffect within such school speed zone, and such violation is evidenced by\ninformation obtained from a photo speed violation monitoring system;\nprovided however that no owner of a vehicle shall be liable for a\npenalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n  1. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter;\n  2. "owner" shall have the meaning provided in article two-B of this\nchapter;\n  3. "photo speed violation monitoring system" shall mean a vehicle\nsensor installed to work in conjunction with a speed measuring device\nwhich automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in a school speed zone in violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this article in accordance with the provisions of this\nsection; and\n  4. "school speed zone" shall mean a distance not to exceed one\nthousand three hundred twenty feet on a highway passing a school\nbuilding, entrance or exit of a school abutting on the highway.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Kingston, or a facsimile thereof, based upon inspection of\nphotographs, microphotographs, videotape or other recorded images\nproduced by a photo speed violation monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall include at least two date and time stamped images of the\nrear of the motor vehicle that include the same stationary object near\nthe motor vehicle and shall be available for inspection reasonably in\nadvance of and at any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n  (e) An owner liable for a violation of subdivision (b), (c), (d), (f)\nor (g) of section eleven hundred eighty of this article pursuant to a\ndemonstration program established pursuant to this section shall be\nliable for monetary penalties in accordance with a schedule of fines and\npenalties to be promulgated by the parking violations bureau of the city\nof Kingston. The liability of the owner pursuant to this section shall\nnot exceed fifty dollars for each violation; provided, however, that\nsuch parking violations bureau may provide for an additional penalty not\nin excess of twenty-five dollars for each violation for the failure to\nrespond to a notice of liability 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), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, within fourteen business days if such\nowner is a resident of this state and within forty-five business days if\nsuch owner is a non-resident. Personal delivery on the owner shall not\nbe required. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the facts\ncontained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, the registration number of the vehicle\ninvolved in such violation, the location where such violation took\nplace, the date and time of such violation, the identification number of\nthe camera which recorded the violation or other document locator\nnumber, at least two date and time stamped images of the rear of the\nmotor vehicle that include the same stationary object near the motor\nvehicle, and the certificate charging the liability.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a prominent warning to advise the person charged that failure to\ncontest in the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nKingston, or by any other entity authorized by the city to prepare and\nmail such notice of liability.\n  (h) Adjudication of the liability imposed upon owners of this section\nshall be by the city of Kingston parking violations bureau.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle or the number plate\nor plates of such vehicle was reported to the police department as\nhaving been stolen, it shall be a valid defense to an allegation of\nliability for a violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this article pursuant to this section\nthat the vehicle or the number plate or plates of such vehicle had been\nreported to the police as stolen prior to the time the violation\noccurred and had not been recovered by such time. For purposes of\nasserting the defense provided by this subdivision, it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle or number plate or plates of such vehicle be sent by first class\nmail to the city of Kingston parking violations bureau or by any other\nentity authorized by the city to prepare and mail such notice of\nliability.\n  (j) Adjudication of the liability imposed upon owners of this section\nshall be by the city of Kingston parking violations bureau.\n  (k) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (b), (c), (d), (f) or (g)\nof section eleven hundred eighty of this article pursuant to this\nsection, provided that:\n  (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n  (ii) within thirty-seven days after receiving notice from such bureau\nof the date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to\nsuch bureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by such\nbureau pursuant to regulations that may be promulgated for such purpose.\n  2. Failure to comply with subparagraph (ii) of paragraph one of this\nsubdivision shall render the owner liable for the penalty prescribed in\nthis section.\n  3. Where the lessor complies with the provisions of paragraph one of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (g) of this section.\n  (l) 1. If the owner liable for a violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article pursuant to this\nsection was not the operator of the vehicle at the time of the\nviolation, the owner may maintain an action for indemnification against\nthe operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator operated such\nvehicle in violation of subdivision (b), (c), (d), (f) or (g) of section\neleven hundred eighty of this article. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator operated such vehicle in violation of subdivision (b), (c),\n(d), (f) or (g) of section eleven hundred eighty of this article.\n  (m) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article.\n  (n) If the city adopts a demonstration program pursuant to subdivision\n(a) of this section it shall conduct a study and submit an annual report\non the results of the use of photo devices to the governor, the\ntemporary president of the senate and the speaker of the assembly on or\nbefore the first day of June next succeeding the effective date of this\nsection and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include:\n  1. the locations where and dates when photo speed violation monitoring\nsystems were used;\n  2. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within all school speed zones\nwithin the city, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  3. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within school speed zones where\nphoto speed violation monitoring systems were used, to the extent the\ninformation is maintained by the department of motor vehicles of this\nstate;\n  4. the number of violations recorded within all school speed zones\nwithin the city, in the aggregate on a daily, weekly and monthly basis;\n  5. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used, in the\naggregate on a daily, weekly and monthly basis;\n  6. the number of violations recorded within all school speed zones\nwithin the city that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  7. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  8. the total number of notices of liability issued for violations\nrecorded by such systems;\n  9. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems;\n  10. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems;\n  11. the total amount of revenue realized by the city in connection\nwith the program;\n  12. the expenses incurred by the city in connection with the program;\nand\n  13. the quality of the adjudication process and its results.\n  (o) It shall be a defense to any prosecution for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this article pursuant to this section that such photo speed violation\nmonitoring system was malfunctioning at the time of the alleged\nviolation.\n  * NB Repealed December 31, 2029\n
N.Y. EDN Law § 6310 — New York Code / Act EDN / Title 7 / Article 126 / Section 6310
Community college regions - administration and finance
Status: in_force

§ 6310. Community college regions - administration and finance. 1.\nEach community college region and community college sponsored by such\nregion shall be administered by a single board of trustees of fourteen\nmembers, thirteen of whom shall be appointed for terms of seven years,\nas set forth in this subdivision, and one member elected as herein\nprovided, except that initial appointments shall be made for terms of\none to nine years respectively. Seven members shall be appointed by the\nlocal legislative bodies or boards of those counties eligible to appoint\nmembers to the community college regional board of trustees. The seven\nlocally appointed members of such board may include one member from the\nlocal legislative body or board of each county eligible to appoint\nmembers to the community college regional board of trustees. Membership\nin a community college regional board of trustees shall be apportioned\namong the counties participating in such board in accordance with the\nnumber of full-time equivalent students attending a community college\nsponsored by such regional board who are residents of the respective\nparticipating counties, and in accordance with such further regulations\nas may be prescribed by the state university trustees. Six members shall\nbe appointed by the governor and one member elected by and from among\nthe students of the college who shall serve as a member of the board for\na one-year term, provided, however, that the term of the student member\nfirst elected shall be nine months commencing October first, nineteen\nhundred eighty-four. The student member shall be afforded the same\nparliamentary privileges as are conferred upon members, including but\nnot limited to the right to make and second motions and to place items\non the agenda. Such student member shall be subject to every provision\nof any general, special or local law, ordinance, charter, code, rule or\nregulation applying to the members of such board with respect to the\ndischarge of their duties including, but not limited to, those\nprovisions setting forth codes of ethics, disclosure requirements and\nprohibiting business and professional activities. The election of the\nstudent member shall be conducted in accordance with rules and\nregulations promulgated by the respective representative campus student\nassociation in accordance with guidelines established by the state\nuniversity trustees. In the event that the student member ceases to be a\nstudent at the institution, he shall be required to resign. The\ngovernor's initial appointments shall be as follows: (a) two individuals\nshall be appointed for terms of two and four years respectively; (b) two\nindividuals for terms of six years and two individuals for terms of\neight years. Appointments by local authorities shall be as follows: (a)\nthree individuals for terms of one, three and five years, respectively;\n(b) two individuals for terms of seven years, and two individuals for\nterms of nine years. Vacancies shall be filled for unexpired terms in\nthe same manner as original selections by the authority responsible for\nthe original selection. The board shall select its own chairman from\namong its voting membership. Trustees shall receive no compensation for\ntheir services but shall be reimbursed for their expenses actually and\nnecessarily incurred by them in the performance of their duties under\nthis article. Members initially appointed or elected under this\nsubdivision to any community college regional board of trustees\nhereafter established shall take office immediately upon their selection\nand qualification, but for purposes of determining the expiration of\ntheir respective terms and the commencement of the terms of their\nsuccessors, the term of office of each such initial member shall be\ndeemed to have commenced on the first day of July of the year in which\nsuch college was established. The terms of office of all members of\ncommunity college regional boards of trustees heretofore established,\nappointed or elected as provided in this subdivision, shall terminate on\nthe thirtieth day of June of the calendar year within which such terms\nexpire under the provisions of this subdivision as hereby amended. For\nthe purpose of determining such year all initial terms of office of\nappointed members of the community college regional board of trustees\nheretofore established shall be deemed to have commenced on the first\nday of July of the year in which such community college regions were\nestablished and the terms of their successors for full terms, if any,\nshall be deemed to have commenced upon the expiration of the number of\nyears from such date for which such initial appointments were made.\n  The one member elected by and from among the students of the college\nmay be removed by such students in accordance with rules and regulations\npromulgated by the respective representative campus student association\nin accordance with guidelines promulgated by the state university\ntrustees.\n  1-a. Notwithstanding the provisions of subdivision one of this\nsection, a community college region established to operate as local\nsponsor of Jamestown community college shall be administered by a single\nboard of trustees of fifteen members, fourteen of whom shall be\nappointed for terms of seven years, except that the initial appointments\nshall be made as set forth in this subdivision, and one member who shall\nbe elected by and from among the students of the college and shall serve\nas set forth in subdivision one of this section. Eight members shall be\nappointed by the local governing bodies of the counties and city\neligible to appoint members to the Jamestown community college regional\nboard of trustees, and six members shall be appointed by the governor.\nThe eight locally appointed members of such board may include one member\nappointed from among the local governing bodies of the counties or city\neligible to appoint members to the regional board of trustees.\nMembership in the Jamestown community college regional board of trustees\nshall be apportioned in accordance with the number of full-time\nequivalent students attending the community college who are residents of\nthe respective participating counties or city, and in accordance with\nsuch further regulations as may be prescribed by the state university\ntrustees.\n  Upon the effective date of this subdivision, and notwithstanding any\ninconsistent provision of any other law, the current Jamestown community\ncollege board of trustees shall be redesignated the Jamestown community\ncollege regional board of trustees and the terms of the current members\nof the Jamestown community college board of trustees shall continue\nuntil their expiration or termination as provided by section sixty-three\nhundred six of this chapter. The governor's initial appointments to the\nJamestown community college regional board of trustees shall be as\nfollows: one individual shall be appointed for a term of three years,\nand one individual shall be appointed for a term of five years. Initial\nappointments by the local authorities shall be as follows: one\nindividual shall be appointed for a term of two years, one individual\nshall be appointed for a term of four years, and one individual shall be\nappointed for a term of six years. Vacancies shall be filled for\nunexpired terms in the same manner as original selections by the\nauthority responsible for the original selection. The board shall select\nits own chairman from among its voting membership. Trustees shall\nreceive no compensation for their services but shall be reimbursed for\ntheir expenses actually and necessarily incurred by them in the\nperformance of their duties under this article. Members initially\nappointed or elected under this subdivision to any community college\nregional board of trustees hereafter established shall take office\nimmediately upon their selection and qualification, but for purposes of\ndetermining the expiration of their respective terms and the\ncommencement of the terms of their successors, the term of office of\neach such initial member shall be deemed to have commenced on the first\nday of July of the year in which such college was established. The terms\nof office of all members of community college regional boards of\ntrustees heretofore established, appointed or elected as provided in\nthis subdivision, shall terminate on the thirtieth day of June of the\ncalendar year within which such terms expire under the provisions of\nthis subdivision as hereby amended. For the purpose of determining such\nyear, all initial terms of office of appointed members of the community\ncollege regional board of trustees heretofore established and the terms\nof their successors for full terms, if any, shall be deemed to have\ncommenced upon the expiration of the number of years from such date for\nwhich such initial appointments were made.\n  The one member elected by and from among the students of the college\nmay be removed by such students in accordance with rules and regulations\npromulgated by the respective representative campus student association\nin accordance with guidelines promulgated by the state university\ntrustees.\n  1-b. Notwithstanding any provision of this article to the contrary,\nwith regard to the operating costs of the Jamestown community college,\nthe county of Chautauqua, as a local sponsor of such college, may pay\nall such operating costs incurred by such county and may also pay all\nsuch operating costs incurred by any city within such county which is a\nlocal sponsor of such college. The county of Chautauqua may pay all such\noperating costs pursuant to this subdivision:\n  (a) without any charge back to any city or town within such county; or\n  (b) with a charge back of all or any portion of such operating costs\nto the cities (including the city of Jamestown) and towns in such\ncounty, in proportion to the number of students attending such community\ncollege each term who were residents of each such city or town at the\nbeginning of such term.\n  2. Pursuant to such regulations and limitations as may be established\nand prescribed by the state university trustees, the community college\nregional board of trustees may enter into any contract or agreement\ndeemed necessary or appropriate for the effective operation of the\ncollege, including: (a) contracts or agreements entered into with the\nfederal government to enable participation in federal student loan\nprograms, including any and all instruments required thereunder; and (b)\ncontracts with non-profit corporations organized by officers, employees,\nalumni or students of the college for the furtherance of its objects and\npurposes. Notwithstanding the provisions of any other law, general,\nspecial or local, such contracts entered into with such non-profit\ncorporation shall not be subject to any requirement that contracts be\nlet to the lowest responsible bidder after advertisement for bids.\nNothing contained in this subdivision shall be deemed to diminish or\nimpair any powers or authority otherwise vested in the community college\nregional board of trustees.\n  3. Pursuant to such regulations and limitations as may be established\nand prescribed by the state university trustees with the approval of the\ndirector of the budget, the community college regional board of trustees\nmay participate in cooperative educational programs, services and\narrangements with colleges, universities, school districts, boards of\ncooperative educational services, libraries, museums and join any\ncooperative association of such educational institutions formed as a\ncorporation pursuant to section two hundred sixteen of this chapter.\n  4. The community college regional board of trustees is hereby created\na body corporate. All property which is now vested in, or shall\nhereafter be conveyed or transferred to the community college regional\nboard of trustees, shall be held by them as a corporation.\n  4-a. (a) A community college regional board of trustees shall have the\nauthority to appoint security officers for the community college and, in\nits discretion, to designate or to revoke the designation of one or more\nthan one security officer as a peace officer. A security officer so\ndesignated shall have the powers of a peace officer as set forth in\nsection 2.20 of the criminal procedure law. A security officer\ndesignated as a peace officer must have satisfactorily completed or\ncomplete, within one year of the date of such designation, a course of\nlaw enforcement training prescribed by the municipal police training\ncouncil in consultation with the state university board of trustees. A\npeace officer so designated may possess and carry a firearm as a part of\non duty employment only if authorized to do so by the president of the\ncommunity college. The geographical area of employment of a peace\nofficer so designated is the campus and other property of the community\ncollege at which the peace officer serves, including that portion of a\npublic highway which crosses or abuts such property, and residential or\nother facilities owned, operated, or maintained by a not-for-profit\nentity associated with the community college for which such college\nprovides security.\n  (b) The appointment of security officers at a community college shall\nbe governed by and conform with civil service laws, rules and\nregulations, if applicable to the community college and its employees.\nThe designation of a security officer as a peace officer shall be based\non qualifications established by the community college board of\ntrustees, and in accordance with seniority. For purposes of this\nsubdivision, "seniority" means total employment service with the\ncommunity college making such designation.\n  (c) A security officer who has been designated a peace officer may\nhave such designation suspended or removed pursuant to procedures\nestablished by the community college or in compliance with any local\ncollective bargaining agreement, if applicable to the community college\nand its employees.\n  (d) The designation of peace officers pursuant to this subdivision\nshall not be deemed to supersede in any way the authority of other peace\nofficers and police officers.\n  (e) Nothing contained in this section shall be construed to: (i) alter\nany existing collective bargaining agreement; (ii) diminish the rights\nof employees pursuant to an existing collective bargaining agreement;\n(iii) affect existing law with respect to an application to the public\nemployment relations board seeking designation by the board that certain\npersons are managerial or confidential; or (iv) alter or restrict the\npower of a county or community college sponsor or employee organization\nto negotiate with respect to an alternate method of appointment or\npromotion of security officers.\n  5. Two or more eligible counties appointing members to a community\ncollege regional board of trustees shall divide the local share of the\ncapital costs of a community college sponsored by such community college\nregion according to the respective equalized assessed valuations of such\ncounties or such other factors as may be prescribed by the state\nuniversity trustees. The local share of the operating expenses of a\ncommunity college sponsored by a community college region shall be\napportioned among those counties appointing members to the community\ncollege regional board of trustees on the basis of operating shares.\nSuch operating shares shall be allocated in proportion to the number of\nstudents attending the community college who are residents of the\nrespective counties participating on the community college regional\nboard, calculated on the basis of full-time equivalent students, in the\nsame manner as the allocable portion of the local sponsor's share of\noperating costs pursuant to section sixty-three hundred five of this\nchapter, and such other factors as may be prescribed by the state\nuniversity trustees. Any community college sponsored by a community\ncollege region may, under the provisions of section six thousand three\nhundred five of this chapter, elect to charge an allocable portion of\nthe operating costs incurred by the regional sponsor, and a further sum\non account of the regional sponsor's share of capital costs, to the\ncounties of residence of students attending such college who are\nnon-residents of the community college region.\n  6. The final budget of the community college region as adopted by the\nregional board of trustees and approved by the state university trustees\nshall be a charge against all of the counties appointing members to such\nboard. The regional board of trustees, after approval of its budget,\nshall certify to the legislative body or board of all counties\nappointing members to such regional board the respective proportionate\nshare of the capital and operating costs required to be raised by each\ncounty. The counties shall add such costs, as certified, to their own\nbudgets and provide such certified costs by appropriations from general\nrevenues or from funds derived from special tax levies earmarked in part\nor whole for such purposes, by the use of gifts of money or, with the\nconsent of the state university trustees, by the use of property, gifts\nof property or by the furnishing of services. Where a county provides\nall or a portion of its 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. Such funds shall be turned over to the treasurer of the\ncommunity college sponsored by the community college region within the\nfiscal year of such region. Notwithstanding any other provision of this\nsubdivision, all counties appointing members to a community college\nregional board of trustees may require that any budget proposed by such\nregional board, which would result in an increase in the level of\ncontributions to college revenues by such counties over the level of\ncontributions required for the previous college fiscal year, shall be\napproved by the legislative body or board of all such counties.\n  7. Notwithstanding the provisions of any general, special or local law\nto the contrary, the fiscal year of a community college sponsored by a\ncommunity college region shall begin with the first day of September and\nend with the thirty-first day of August in each year. All of the\nprovisions of law fixing times or dates within which or by which certain\nacts shall be performed in relation to the preparation and adoption of\nthe budget of a county, including but not limited to submission of a\nbudget estimate, filing of a tentative budget, public hearing and\nadoption of a budget, shall apply to the budget of a community\ncollege-sponsored by a community college region but shall be\ncorrespondingly changed, as to time, to relate to the commencement of\nthe fiscal year of the community college region; provided, however, that\nafter the budget for the community college region shall have been\nadopted, the counties appointing members to a community college regional\nboard of trustees shall provide for the raising of taxes required by\nsuch budget, without any decrease in amount, in the same manner and at\nthe same time prescribed by law for the annual levy of taxes by or for\nthe county.\n  8. Moneys raised by taxation for maintenance of a community college\nregion and moneys received from all other sources for purposes of the\ncommunity college region shall be kept separate and distinct from any\nother moneys of the counties appointing members to the community college\nregional board of trustees and shall not be used for any other purpose.\nThe amount of taxes levied for maintenance of a community college region\nshall be credited thereto and made available therefor within the fiscal\nyear of such community college region.\n  9. The community college regional board of trustees shall direct that\npayment of amounts for maintenance of the college be made in whole or in\npart to the treasurer of the community college sponsored by such region\nfor expenditure by such officer, subject to such regulations regarding\nthe custody, deposit, audit and payment thereof as such board of\ntrustees may deem proper.\n  The board of trustees may authorize the treasurer of the college to\nestablish a bank account or accounts in the name of the college and\ndeposit therein moneys received or collected by the college, including\nmoneys appropriated and paid by the counties appointing members to the\ncommunity college regional board of trustees, moneys received from\ntuition, fees, charges, sales of products and services, and from all\nother sources. The board of trustees may authorize the treasurer to pay\nall proper bills and accounts of the college, including salaries and\nwages, from funds in its custody. The treasurer shall execute a bond or\nofficial undertaking to the community college regional board of trustees\nin such sum and with such sureties as that board shall require, the\nexpense of which shall be a college charge.\n  The community college regional board of trustees similarly may\nauthorize the treasurer to establish and maintain petty cash funds, not\nin excess of two 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 community college regional board of trustees shall provide for\nperiodic audits of all accounts maintained at its direction and render\nsuch reports respecting any and all receipts and expenditures of the\ncollege as the local legislative body or board, or other appropriate\ngoverning agency, may direct.\n  10. All proposals for the acquisition or construction, including new\nconstruction, additions or reconstruction of college facilities adopted\nby a community college regional board of trustees shall be approved by\nthe legislative body or board of all counties appointing members to such\nboard of trustees, and the state university trustees. Upon such\napprovals, each participating county may finance its proportionate share\nof the cost of acquisition of such facilities either from any current\nfunds legally available therefor, or by the issuance of obligations\npursuant to the local finance law. All counties participating in such\nregional board of trustees may together issue joint obligations pledging\nthe full faith and credit for all participating counties jointly and\nthat each such county shall pay a specified share of annual debt service\non such joint obligations in accordance with the provisions of article\nfive-g of the general municipal law and applicable provisions of the\nlocal finance law.\n  10-a. Notwithstanding the provisions of subdivision ten of this\nsection, upon receipt of the approvals set forth in such subdivision,\nthe board of trustees of the community college region may finance a duly\nauthorized specific object or purpose or class of objects or purposes by\nthe issuance of bonds, notes or other evidence of indebtedness or\npursuant to a financing transaction of the community college region with\nthe dormitory authority in accordance with the provisions of article\neight of title four of the public authorities law.\n  11. The community college regional board of trustees, for the purpose\nof administering the state civil service law, shall be deemed to be a\nmunicipal employer. No civil service rights of an employee of any\ncommunity college or local sponsor shall be lost, impaired or affected\nby reason of the enactment of this section and related amendments of\nthis article into law.\n  12. For the purposes of article fourteen of the civil service law, the\ncommunity college regional board of trustees shall be deemed to be the\npublic employer and as such shall negotiate with and enter into written\nagreements with employee organizations representing the instructional\nstaff and non-instructional staff of the community colleges that have\nbeen certified or recognized under such article. For purposes of such\narticle, the president of the community college shall be deemed to be\nthe chief executive officer, the chief legal officer of the community\ncollege shall be chief legal officer, and the community college regional\nboard of trustees shall be deemed to be the legislative body of the\ngovernment. The state public employment relations board shall have\nexclusive jurisdiction for the purpose of administering the provisions\nof such article.\n  13. For the purpose of this section, all references in this section to\na "county" or "counties" shall be deemed to include a city or cities, or\na school district or school districts, as the case may be.\n  14. 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 community college regional board of trustees of any community\ncollege may determine, by resolution, that it is in the public interest\nto authorize such community college to enter into agreements with one or\nmore financing agencies or card issuers to provide for the acceptance,\nby such officers of the community college as may be designated pursuant\nto this subdivision, of credit cards as a means of payment of tuition,\nexpenses, fees, charges, revenue, financial obligations or other amounts\nowed by students to the community college. Any such agreement shall\ngovern the terms and conditions upon which a credit card proffered as a\nmeans of payment 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, expenses, 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 community college regional board of trustees of the\ncommunity college to require, as a condition of accepting payment by\ncredit card, that such person offering payment by credit or charge card\npay a service fee to the community college not exceeding costs incurred\nby the community college in connection with the credit or charge card\npayment transaction, including any fee owed by the community college to\nthe financing agency or card issuer arising from that transaction.\n  d. Contracts entered into pursuant to this subdivision between a\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 community college regional board of trustees, in enacting a\nresolution pursuant to this subdivision, shall designate which of its\nofficers, charged with the duty of collecting or receiving moneys on\nbehalf of the community college, shall be authorized to accept credit\ncards as a means of payment of tuition, expenses, fees, charges,\nrevenue, financial obligations 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  15. 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 disbursements\nshall be otherwise subject to applicable laws, provided that:\n  (i) the community college regional board of trustees of the community\ncollege has entered into a written agreement with the bank or trust\ncompany in which such funds have been deposited, prescribing the manner\nin which electronic or wire transfer of such funds shall be\naccomplished, identifying by number and name those accounts from which\nelectronic or wire transfers may be made, identifying which officer or\nofficers are authorized to order the electronic or wire transfer of\nfunds from those accounts, and implementing a security procedure as\ndefined in section 4-A-201 of the uniform 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 community college regional board of\ntrustees of the community college to adopt a system of internal controls\nfor the documentation and reporting of all transfers or disbursements of\nfunds accomplished by electronic or wire transfer.\n  16. a. The community college regional board of trustees of any\ncommunity college, may determine, by resolution, that it is in the\npublic interest and authorize such community college to provide for the\nacceptance of tuition, expenses, fees, charges, revenue, financial\nobligations or other amounts via a community college internet website.\nHowever, submission via the internet may not be required as the sole\nmethod for the collection of tuition, expenses, fees, charges and other\namounts.  Such payments shall be accepted via the internet in a manner\nand condition defined by such community college. Any method used to\nreceive internet payments shall comply with article one of the state\ntechnology law and any rules and regulations promulgated and guidelines\ndeveloped thereunder and, at a minimum 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 community college regional board of trustees, in enacting a\nresolution pursuant to this subdivision, shall designate which of its\nofficers, charged with the duty of collecting or receiving moneys on\nbehalf of the community college, shall be authorized to accept such\npayments via the internet.\n  17. Notwithstanding any provision of this chapter to the contrary, a\ncommunity college regional board of trustees of a community college\nregion shall be the local sponsor of such community college for the\npurposes of entering into agreements with the dormitory authority of the\nstate of New York on behalf of the community college pursuant to\nsubdivisions nine, ten, eleven, twelve, thirteen, fourteen and sixteen\nof section sixteen hundred eighty of the public authorities law and\nshall have full authority to perform, on behalf of such community\ncollege, all obligations of the college under its agreements with the\ndormitory authority.\n
N.Y. VAT Law § 1111-B*3 — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-B*3
Owner liability for failure of operator to comply with traffic-control indications
Status: in_force

* § 1111-b. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the county of Suffolk is hereby authorized and empowered to\nadopt and amend a local law or ordinance establishing a demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with traffic-control\nindications in such county in accordance with the provisions of this\nsection. Such demonstration program shall empower such county to install\nand operate traffic-control signal photo violation-monitoring devices at\nno more than one hundred intersections within and under the jurisdiction\nof such county at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such county has made a reasonable effort to\ncomply with the provisions of this paragraph.\n  (b) In any such county which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nSuffolk county in which the charged violation occurred, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images produced by a traffic-control signal\nphoto violation-monitoring system, shall be prima facie evidence of the\nfacts contained therein. Any photographs, microphotographs, videotape or\nother recorded images evidencing such a violation shall be available for\ninspection in any proceeding to adjudicate the liability for such\nviolation pursuant to a local law or ordinance adopted pursuant to this\nsection.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance. The liability of the owner\npursuant to this section shall not exceed fifty dollars for each\nviolation; provided, however, that such local law or ordinance may\nprovide for an additional penalty not in excess of twenty-five dollars\nfor each violation for the failure to respond to a notice of liability\nwithin the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by Suffolk\ncounty or by any other entity authorized by such county to prepare and\nmail such notification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by the court having jurisdiction over traffic infractions.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the court having jurisdiction.\n  (j) An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (d) of section eleven\nhundred eleven of this article, provided that he or she sends to the\ncourt having jurisdiction a copy of the rental, lease or other such\ncontract document covering such vehicle on the date of the violation,\nwith the name and address of the lessee clearly legible, within\nthirty-seven days after receiving notice from the court of the date and\ntime of such violation, together with the other information contained in\nthe original notice of liability. Failure to send such information\nwithin such thirty-seven day time period shall render the owner liable\nfor the penalty prescribed by this section. Where the lessor complies\nwith the provisions of this paragraph, the lessee of such vehicle on the\ndate of such violation shall be deemed to be the owner of such vehicle\nfor purposes of this section, shall be subject to liability for the\nviolation of subdivision (d) of section eleven hundred eleven of this\narticle pursuant to this section and shall be sent a notice of liability\npursuant to subdivision (g) of this section.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) When a county has established a demonstration program pursuant to\nthis section, all fines and penalties collected under such program shall\nbe made to the county treasurer within the first ten days of the month\nfollowing collection.\n  (n) Any county that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before June first, two\nthousand ten and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include, but not be\nlimited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department of\nmotor vehicles of this state;\n  3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of disposition made for\nviolations recorded by such systems;\n  8. the total amount of revenue realized by such county from such\nadjudications including a breakdown of revenue realized by such county\nfor each year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n  9. expenses incurred by such county in connection with the program;\nand\n  10. quality of the adjudication process and its results.\n  (o) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB Repealed December 1, 2024\n  * NB There are 3 § 1111-b's\n
N.Y. PBA Law § 1174-O — New York Code / Act PBA / Article 5 / Title 7-A / Section 1174-O
Actions against the authority
Status: in_force

§ 1174-o. Actions against the authority. 1. No action or proceeding\nshall be prosecuted or maintained against the authority for personal\ninjury or damage to real or personal property alleged to have been\nsustained by reason of the negligence or wrongful act of the authority\nor any member, officer, agent or employee thereof, unless:\n  (a) a notice of claim shall have been made and served upon the\nauthority within the time limit by and in compliance with section\nfifty-e of the general municipal law,\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused, and\n  (c) the action or proceeding shall be commenced within one year and\nninety days after the cause of action therefor shall have accrued.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel, or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim. The authority shall have power to settle or adjust all\nclaims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against the authority on\nbonds, shall not exceed six per centum per annum. Interest on payments\nof principal or interest on any bonds in default shall accrue at the\nrate borne by such bonds from the date thereof until paid or otherwise\nsatisfied.\n
N.Y. VAT Law § 1111-I*2 — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-I*2
Owner liability for failure of operator to comply with traffic-control indications; village of Croton-on-Hudson
Status: in_force

* § 1111-i. Owner liability for failure of operator to comply with\ntraffic-control indications; village of Croton-on-Hudson. (a) 1.\nNotwithstanding any other provision of law, the village of\nCroton-on-Hudson is hereby authorized and empowered to adopt and amend a\nlocal law or ordinance establishing a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with traffic-control indications in such village in\naccordance with the provisions of this section. Such demonstration\nprogram shall empower such village to install and operate\ntraffic-control signal photo violation-monitoring devices at no more\nthan three intersections within and under the jurisdiction of such\nvillage at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such village has made a reasonable effort to\ncomply with the provisions of this paragraph.\n  (b) In any such village which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe village of Croton-on-Hudson in which the charged violation occurred,\nor a facsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance. The liability of the owner\npursuant to this section shall not exceed fifty dollars for each\nviolation; provided, however, that such local law or ordinance may\nprovide for an additional penalty not in excess of twenty-five dollars\nfor each violation for the failure to respond to a notice of liability\nwithin the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which such person may\ncontest the liability alleged in the notice. Such notice of liability\nshall also contain a warning to advise the persons charged that failure\nto contest in the manner and time provided shall be deemed an admission\nof liability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the village\nof Croton-on-Hudson or by any other entity authorized by such village to\nprepare and mail such notification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau or\ncourt having jurisdiction.\n  (j) An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (d) of section eleven\nhundred eleven of this article, provided that such owner sends to the\ntraffic violations bureau or court having jurisdiction a copy of the\nrental, lease or other such contract document covering such vehicle on\nthe date of the violation, with the name and address of the lessee\nclearly legible, within thirty-seven days after receiving notice from\nthe bureau or court of the date and time of such violation, together\nwith the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section.  Where the lessor complies with the provisions of this\nsubdivision, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) Any village that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before the first day of\nJune next succeeding the effective date of this section and on the same\ndate in each succeeding year in which the demonstration program is\noperable. Such report shall include, but not be limited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department of\nmotor vehicles of this state;\n  3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems which shall be provided at least\nannually to such village by the respective courts and bureaus conducting\nsuch adjudications;\n  8. the total amount of revenue realized by such village from such\nadjudications including a breakdown of revenue realized by such village\nfor each year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n  9. expenses incurred by such village in connection with the program;\nand\n  10. quality of the adjudication process and its results which shall be\nprovided at least annually to such village by the respective courts and\nbureaus conducting such adjudications.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB Repealed December 31, 2030\n  * NB There are 2 § 1111-i's\n