N.Y. VAT Law § 1203-A — New York Code / Act VAT / Title 7 / Article 32 / Section 1203-A
Parking permits for handicapped persons
Status: in_force

§ 1203-a. Parking permits for handicapped persons. 1. The commissioner\nshall distribute special vehicle identification parking permits to the\ngoverning bodies of all cities, towns and villages in the state.\nNotwithstanding any local law or ordinance to the contrary, such permits\nshall entitle any vehicle displaying such permit to park in any area in\nany city, town or village of the state which has been designated by such\ncity, town or village or pursuant to the provisions of section twelve\nhundred three-c of this article as a place for parking for persons with\ndisabilities. The design, period of validity, and procedures for\nreissuance of such permits shall be as determined by the commissioner. A\ncity, town or village issuing a permit pursuant to this subdivision or\nsubdivision three of this section shall indelibly inscribe or otherwise\nmark, on the face of such permit, the last three digits of the\nidentification number of the driver's license or non-driver\nidentification card of the person to whom the permit is issued. The\ngoverning bodies of cities, towns and villages in the state shall\nappoint an issuing agent to issue such permits. Any person issued a\npermit pursuant to this section who holds a driver's license or\nnon-driver identification card shall make the last three digits of such\nlicense or identification card available to an issuing agent at the time\nof permit issuance or renewal by presenting such license or\nidentification card to such issuing agent. Any person issued a permit\npursuant to this section who holds a driver's license or non-driver\nidentification card shall carry and make available to a law enforcement\nofficer upon demand, or as soon as practicable thereafter, his or her\ndriver's license or non-driver identification card which shall be\npresumptive evidence of the validity of his or her special vehicle\nidentification parking permit. Failure to make available such driver's\nlicense or non-driver identification card upon demand shall not be\ndeemed a violation. The permits shall be issued to:\n  * (i) any resident of New York state who is a severely disabled\nperson, as defined in subdivision four of section four hundred four-a of\nthis chapter, upon application of such person or such person's parent or\nguardian, provided, however, that an issuing agent shall issue permits\nonly to residents of the city, town or village in which such issuing\nagent is located, except that, an issuing agent, in their discretion,\nmay issue a permit to a severely disabled person who is not a resident\nof the city, town, or village in which such issuing agent is located\nwhere such person resides in a city, town, or village in which the\ngoverning body has not appointed an issuing agent; and an issuing agent,\nin their discretion, may issue a temporary special vehicle\nidentification parking permit, as authorized by subdivision three of\nthis section, to a person who is temporarily unable to ambulate without\nthe aid of an assisting device, as certified by a physician, who resides\nin a city, town, or village in which the issuing agent does not issue\ntemporary special vehicle identification parking permits, or who is not\na resident of the United States and is temporarily visiting the state;\nor\n  * NB Effective until August 25, 2026\n  * (i) any resident of New York state who is a severely disabled\nperson, as defined in subdivision four of section four hundred four-a of\nthis chapter, upon application of such person or such person's parent or\nguardian, provided, however, that an issuing agent shall issue permits\nonly to residents of the city, town or village in which such issuing\nagent is located, except that, an issuing agent, in their discretion,\nmay issue a permit to a severely disabled person who is not a resident\nof the city, town, or village in which such issuing agent is located\nwhere such person resides in a city, town, or village in which the\ngoverning body has not appointed an issuing agent; and an issuing agent,\nin their discretion, may issue a temporary special vehicle\nidentification parking permit, as authorized by subdivision three of\nthis section, to a person who is temporarily unable to ambulate without\nthe aid of an assisting device, as certified by any healthcare\npractitioner authorized to certify that an individual is severely\ndisabled pursuant to subdivision four of section four hundred four-a of\nthis chapter, who resides in a city, town, or village in which the\nissuing agent does not issue temporary special vehicle identification\nparking permits, or who is not a resident of the United States and is\ntemporarily visiting the state; or\n  * NB Effective August 25, 2026\n  (ii) any state facility, or agency licensed by the state of New York\nor any of its political subdivisions, that operates a motor vehicle for\npurposes of transporting handicapped persons, upon the application of\nsuch a facility or agency.\n  For the purposes of paragraph (i) of this subdivision, such permit\nshall be for use exclusively in a vehicle in which the person to whom it\nhas been issued is being transported and such permit shall not be\ntransferable and shall be forfeited if presented by any other person.\nAny abuse by any person, facility or agency to whom such permit has been\nissued of any privilege, benefit, precedence or consideration granted\npursuant to the issuance of such permit, shall be sufficient cause for\nrevocation of said permit.\n  1-a. Any resident of New York state who is a severely disabled person,\nas defined in subdivision four of section four hundred four-a of this\nchapter, shall not be required to provide an updated medical\ncertification or additional medical documents upon application for\nrenewal of a permit issued pursuant to this section. For the purposes of\nthis subdivision, the term "permit" shall not include a temporary\nspecial vehicle identification parking permit issued pursuant to this\nsection to a person who is temporarily unable to ambulate without the\naid of an assisting device.\n  2. The special vehicle identification parking permit issued by the\ncommissioner shall be recognized statewide and, except for a permit\nissued pursuant to and used subject to the limitations of subdivision\nthree of this section is the only valid permit for the purpose of\npreserving parking spaces for the handicapped.\n  * 3. Notwithstanding any provision of this chapter to the contrary,\nany municipality may issue a temporary special vehicle identification\nparking permit to any person who is temporarily unable to ambulate\nwithout the aid of an assisting device, as certified by a physician.\nSuch temporary special vehicle identification parking permit shall be\nvalid for not more than six months and shall be recognized statewide.\n  * NB Effective until August 25, 2026\n  * 3. Notwithstanding any provision of this chapter to the contrary,\nany municipality may issue a temporary special vehicle identification\nparking permit to any person who is temporarily unable to ambulate\nwithout the aid of an assisting device, as certified by any healthcare\npractitioner authorized to certify that an individual is severely\ndisabled pursuant to subdivision four of section four hundred four-a of\nthis chapter. Such temporary special vehicle identification parking\npermit shall be valid for not more than six months and shall be\nrecognized statewide.\n  * NB Effective August 25, 2026\n  4. A person who knowingly and wilfully with the intent to deceive\nmakes a false statement or gives information which such individual knows\nto be false to a public official to obtain a parking permit for\nhandicapped persons or to prevent the marking on such permit of the last\nthree digits of a driver's license or non-driver identification card\nheld by such person, in addition to any other penalty provided by law,\nshall be subject to a civil penalty of not less than two hundred fifty\ndollars nor more than one thousand dollars.\n
N.Y. ENV Law § 71-0703 — New York Code / Act ENV / Article 71 / Title 7 / Section 71-0703
Penalties
Status: in_force

§ 71-0703. Penalties.\n  In order to secure the enforcement of the several sections of article\n9 the following fines and civil penalties are provided:\n  1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this\nsection, any person who violates any provision of article 9 or the\nrules, regulations or orders promulgated pursuant thereto or the terms\nof any permit issued thereunder, or who fails to perform any duty\nimposed by any provision thereof shall be guilty of a violation, and,\nupon conviction, shall be punished by a fine of not more than two\nhundred fifty dollars, or by imprisonment for not more than fifteen\ndays, or by both such fine and imprisonment, and in addition thereto\nshall be liable to a civil penalty of not less than ten nor more than\none hundred dollars.\n  2. The violation of any of the provisions of the following sections\nshall subject the person guilty thereof to the following civil penalties\nin addition to the liability prescribed in subdivision 1 of this\nsection:\n  a. Section 9-1113 of this chapter, two dollars per tree;\n  b. Subdivision 3 of section 9-1105 of this chapter, twenty-five\ndollars per day;\n  c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1\nof section 9-1117 of this chapter, ten dollars per mile per day;\n  d. Section 9-1115 of this chapter, ten dollars per mile;\n  e. Subdivision 2 of section 9-1117 of this chapter, one hundred\ndollars per each offense; and\n  f. Section 9-1119 of this chapter, one hundred dollars per day per\nlocomotive.\n  With respect to the penalty for violation of subdivision 4 of section\n9-1105 of this chapter, the owner and every person engaged in such\ncutting shall be liable therefor; however, the liability for penalty\nshall not arise until the expiration of twenty days after service,\npersonally or by mail upon the alleged violator at his last known place\nof residence of a written notice of failure to comply with the\nrequirements of subdivision 4 of section 9-1105 of this chapter.\n  3. Any person who molests, injures, removes, destroys or withholds\nsupplies or other material maintained for forest fire protection\npurposes shall be guilty of a violation and shall be punishable and\nliable to a civil penalty as provided in subdivision 1 of this section.\n  4. Any person who sets fire wilfully in violation of subdivision 1 of\nsection 9-1105 of this chapter shall be guilty of a felony.\n  5. In addition to any prosecution as provided under article one\nhundred fifty-five of the penal law, any person who violates subdivision\n1 of section 9-0303 or section 9-1501 of this chapter except where the\nlawful exercise of an easement or right of way on land not owned by the\nstate is involved shall be guilty of a class A misdemeanor. Upon\nconviction, such person shall be sentenced to a fine and/or imprisonment\nas provided in the penal law.\n  6. (a) In addition to any other penalty provided by law, any person\nwho violates subdivision 1 of section 9-0303 of this chapter shall be\nliable to a civil penalty of two hundred fifty dollars per tree or\ntreble damages, based on the stumpage value of such tree or both. Where\nthe order or decision finds that the defendant established by clear and\nconvincing evidence, that when such defendant committed the violation,\nhe or she had cause to believe that the land was his or her own, or that\nhe or she had an easement or right of way across such land which\npermitted such action, damages shall be awarded on the basis of the\nstumpage value of such tree or trees in the market as if they were\nprivately owned. Notwithstanding the foregoing, this section shall not\nbe construed to authorize the cutting of timber or removal of trees\nwhere such action would otherwise be violative of any provision of the\nstate constitution or law.\n  (b) In addition to any other penalty provided by law, a person who\nviolates section 9-1501 of this chapter shall be liable for a civil\npenalty of two hundred fifty dollars per tree or treble damages or both,\nbased on the stumpage value of such tree or trees. Where the order or\ndecision finds that the defendant established by clear and convincing\nevidence, that when such defendant committed the violation, he or she\nhad cause to believe that the land was his or her own or that he or she\nhad an easement or right of way across such land which permitted such\naction, damages shall be awarded on the basis of the stumpage value of\nsuch tree or trees. Notwithstanding the foregoing, this section shall\nnot be construed to authorize the cutting of timber or removal of trees\nwhere such action would otherwise be violative of any provision of the\nstate constitution or law.\n  (c) For purposes of this subdivision, "stumpage value" shall mean the\ncurrent fair market value of a tree as it stands prior to the time of\nsale, cutting, or removal. Stumpage value shall be determined by one or\nmore of the following methods: the sale price of the tree in an\narm's-length sale, a review of solicited bids, the stumpage price report\nprepared by the department of environmental conservation, comparison\nwith like sales on trees on state or private lands, or other appropriate\nmeans to assure that a fair market value is established within an\nacceptable range based on the appropriate geographic area.\n  7. In addition to the penalties otherwise provided, any person who\nviolates any of the provisions of subdivision 1 of section 9-0303 or\nsection 9-1501 of this chapter may be ordered by the commissioner or the\ncourt to make reparations for any permanent and substantial damage\ncaused to the land or the improvements thereon as a result of such\nviolation. Such reparations shall be of such kind, nature and extent as\nwill reasonably restore the lands affected by the violation to their\ncondition immediately before the violation and may be made by physical\nrestoration of such lands and/or by the assessment of a monetary payment\nto make such restoration.\n  8. Any person who violates any provision of any proclamation issued by\nthe governor pursuant to the provisions of section 9-1101 of this\nchapter shall be guilty of a violation and shall be punishable and\nliable to a civil penalty as provided in subdivision 1 of this section.\n  9. a. Any person who transports, sells, imports or introduces invasive\nspecies, in violation of the regulations promulgated pursuant to section\n9-1709 of this chapter shall be subject to the following:\n  For any first violation in lieu of a penalty there may be issued a\nwritten warning by the department and there may also be issued education\nmaterials at the discretion of the department regarding requirements\nrelated to invasive species. Such person shall, however, for any\nsubsequent violation thereafter be subject to a fine of no less than two\nhundred fifty dollars.\n  b. Any nursery grower licensed pursuant to article fourteen of the\nagriculture and markets law, any person who owns or operates a public\nvessel as such term is defined in paragraph (a) of subdivision six of\nsection two of the navigation law, or any person who owns or operates a\ncommercial fishing vessel who transports, sells, imports or introduces\ninvasive species in violation of the regulations promulgated pursuant to\nsection 9-1709 of this chapter, shall be subject to a fine of not less\nthan six hundred dollars upon the first penalty. Upon the second penalty\nsuch person shall be subject to a fine of not less than two thousand\ndollars. Upon a subsequent penalty and after a hearing or opportunity to\nbe heard upon due notice the following penalties may apply: (i) such\nnursery grower may be subject to the revocation procedures of section\none hundred sixty-three-c of the agriculture and markets law (ii) such\nperson's vessel registration may be suspended or (iii) such person's\nfishing permit may be revoked by the department.\n  10. Any person who violates section 9-1710 of this chapter shall be\nguilty of a violation and shall be punishable and liable to a civil\npenalty as provided in subdivision one of this section, provided,\nhowever, that for any first violation in lieu of a penalty there shall\nbe issued a written warning by the department and there shall also be\nissued education materials at the discretion of the department regarding\nrequirements related to invasive species. Such person shall be subject\nto a fine of up to one hundred fifty dollars for a second offense, up to\ntwo hundred fifty dollars for a third offense, and no less than two\nhundred fifty dollars nor more than one thousand dollars for a fourth or\nsubsequent offense.\n
N.Y. PBA Law § 1174-H — New York Code / Act PBA / Article 5 / Title 7-A / Section 1174-H
Bonds of the authority
Status: in_force

§ 1174-h. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary to pay the\ncost of any water project or projects or for any other corporate\npurposes, including incidental expenses in connection therewith. The\nauthority shall have power from time to time to refund any bonds by the\nissuance of new bonds whether the bonds to be refunded have or have not\nmatured, and may issue bonds partly to refund bonds then outstanding and\npartly for any other corporate purpose. Bonds issued by the authority\nmay be general obligations secured by the faith and credit of the\nauthority or may be special obligations payable solely out of particular\nrevenues or other moneys of the authority as may be designated in the\nproceedings of the authority under which the bonds shall be authorized\nto be issued, subject to any agreements with the holders of outstanding\nbonds pledging particular revenues or moneys.\n  2. The authority is authorized to obtain from any department or agency\nof the United States of America or nongovernmental insurer any insurance\nor guaranty, or any other credit enhancement arrangement with any bank\nor other financial institution to the extent now or hereafter available,\nas to, or for the payment or repayment of interest or principal, or\nboth, or any part thereof, on any bonds issued by the authority and to\nenter into any agreement or contract with respect to any such insurance\nor guaranty, except to the extent that the same would in any way impair\nor interfere with the ability of the authority to perform and fulfill\nthe terms of any agreement made with the holders of the bonds of the\nauthority.\n  3. Bonds shall be authorized by resolution of the authority, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide except that bonds and any\nrenewal thereof shall mature within forty years of the date of their\noriginal issuance and notes and any renewal thereof shall mature within\nfive years of the date of their original issuance. Such bonds shall be\nsubject to such terms of redemption, bear interest at such rate or\nrates, which may vary from time to time, as may be necessary to effect\nthe sale thereof and shall be payable at such times, be in such form,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment at such place or places, and be\nsubject to such terms and conditions as such resolution may provide.\nBonds may be sold at public sale or at private sale for such price or\nprices as the authority shall determine, provided that no issue of bonds\nmay be sold at private sale unless the terms of such sale shall have\nbeen approved in writing by:\n  (a) the comptroller, where such sale is not to the comptroller, or\n  (b) the director of the division of the budget of the state, where\nsuch sale is to the comptroller.\n  4. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities, contracts or property, to secure the payment of the\nbonds, subject to 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 purpose to which the proceeds from the sale of\nbonds may be applied;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of any project or part thereof in connection with which bonds\nare issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and the refunding of outstanding or\nother bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or other\nmoneys may be deposited;\n  (i) the terms and provisions of any trust deed or indenture securing\nthe bonds under which the 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\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section eleven hundred seventy-four-i of\nthis title and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the 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 the state\nand other provisions of this title;\n  (1) limitations on the power of the authority to sell or otherwise\ndispose of any system or any part thereof or other property;\n  (m) limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) 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  (p) the payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (q) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  5. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, consistent or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including\nremarketing agreements or other similar agreements for the bonds, the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys, or property\nand the doing of any act, including refraining from doing any act, which\nthe authority would have the right to do in the absence of such\nagreements. The authority shall have power to enter into amendments of\nany such agreements within the powers granted to the authority by this\ntitle and to perform such agreements. The provisions of any such\nagreements may be made a part of the contract with the holders of bonds\nof the authority.\n  6. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  7. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  8. Neither the members of the board of directors nor the officers of\nthe authority nor any person executing bonds shall be liable personally\nthereon or be subject to any personal liability or accountability solely\nby reason of the issuance thereof.\n  9. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority in lieu of redemption, at a price not\nexceeding:\n  (a) if the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date,\n  (b) if the bonds are not then redeemable, the redemption price then\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n  10. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note. Such notes shall be paid from any moneys of the\nauthority available therefor and not otherwise pledged or from the\nproceeds of sale of the bonds of the authority in anticipation of which\nthey were issued. The notes shall be issued in the same manner as the\nbonds and such notes and the resolution or resolutions authorizing the\nsame may contain any provisions, conditions or limitations which the\nbonds or bond resolution of the authority may contain. Such notes may be\nsold at public sale or, upon the approval of the comptroller of the\nterms thereof, at private sale. Such notes shall be as fully negotiable\nas the bonds of the authority.\n
N.Y. EDN Law § 6351 — New York Code / Act EDN / Title 7 / Article 127 / Section 6351
Preservation of educational status and financial resources
Status: in_force

§ 6351. Preservation of educational status and financial resources. A\nstudent on a military leave of absence from an institution of higher\neducation shall be entitled, upon release from serving on active duty,\nto be restored to the educational status such student had attained prior\nto being called or ordered to such duty without loss of academic credits\nearned, scholarships or grants awarded, or tuition and other fees paid\nprior to the commencement of his or her active duty.\n
N.Y. SOS Law § 256 — New York Code / Act SOS / Article 5 / Title 7 / Section 256
Investigation of applications
Status: in_force

§ 256. Investigation of applications. Whenever an application for\nservices is made, an investigation and record shall be promptly made of\nthe circumstances of the applicant in accordance with regulations of the\ndepartment. The object of such investigation shall be to ascertain the\nfacts supporting the application and to obtain such other information as\nmay be required by the department.\n
N.Y. EDN Law § 6231 — New York Code / Act EDN / Title 7 / Article 125 / Section 6231
Certain payment by the state of New York to the city of New York
Status: in_force

§ 6231. Certain payment by the state of New York to the city of New\nYork. 1. a. (i) Notwithstanding any inconsistent provision of law, but\nsubject to the provisions of paragraph d of this subdivision, the state\nand the city of New York shall each contribute fifty per centum of:\n  (A) all unfunded accrued liability payments required to be made during\nthe twelve-month period commencing on July first, nineteen hundred\nseventy-nine pursuant to chapters nine hundred seventy-five, nine\nhundred seventy-six, and nine hundred seventy-seven of the laws of\nnineteen hundred seventy-seven with respect to required employer\ncontributions to the New York city employees' retirement system and to\nthe New York city teachers' retirement system on account of employees of\nthe senior colleges of the city university of New York; and\n  (B) all revised unfunded accrued liability payments (as defined in\nsubdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made during the twelve-month period commencing\non July first, nineteen hundred eighty with respect to required employer\ncontributions to such retirement systems on account of employees of such\nsenior colleges; and\n  (C) all installments of the nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of such section\nsixty-two hundred two), which installments (if such adjustment is a\ncharge) are required to be paid in the twelve-month period beginning on\nJuly first, nineteen hundred eighty with respect to required employer\ncontributions to such retirement systems on account of employees of such\nsenior colleges.\n  (ii) Notwithstanding any inconsistent provision of law to the\ncontrary, but subject to the provisions of paragraph d of this\nsubdivision, the city of New York shall contribute twenty per centum of\nthe amount of one year's interest required to be paid in the\ntwelve-month period beginning July first, nineteen hundred eighty on the\namount of the balance sheet liability (as such liability is determined\nas of June thirtieth, nineteen hundred eighty) with respect to required\nemployer contributions to such retirement systems on account of\nemployees of such senior colleges plus thirty per centum of that portion\nof the amount of one year's interest required to be paid in the\ntwelve-month period beginning July first, nineteen hundred eighty on the\namount of the balance sheet liability which would represent the amount\nof one year's interest which would be required on the amount of a\nhypothetical balance sheet liability had such hypothetical balance sheet\nliability been determined on June thirtieth, nineteen hundred\nseventy-five, with respect to required employer contributions to such\nretirement systems on account of employees of such senior colleges.\n  (iii) Notwithstanding any inconsistent provision of law to the\ncontrary, but subject to the provisions of paragraph d of this\nsubdivision, the state of New York shall contribute that portion of the\namount of one year's interest required to be paid in the twelve-month\nperiod beginning July first, nineteen hundred eighty on the amount of\nthe balance sheet liability (as such liability is determined as of June\nthirtieth, nineteen hundred eighty) with respect to required employer\ncontributions to such retirement systems on account of employees of such\nsenior colleges, which portion shall be the remainder computed by\nsubtracting from the amount of such one year's interest required to be\npaid in such twelve-month period in relation to such employees, the\namount of interest required by subparagraph (ii) of this paragraph to be\ncontributed by the city of New York.\n  b. (i) Notwithstanding any inconsistent provision of law, but subject\nto the provisions of paragraph d of this subdivision, commencing with\nthe twelve-month period beginning July first, nineteen hundred\neighty-one and ending with the twelve-month period terminating on June\nthirtieth, nineteen hundred ninety, the state and the city of New York\nshall each contribute fifty percentum of:\n  (A) all revised unfunded accrued liability payments (as defined in\nsubdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made with respect to required employer\ncontributions to such retirement systems on account of employees of such\nsenior colleges; and\n  (B) all installments of the nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of such section\nsixty-two hundred two) which installments (if such adjustment is a\ncharge) are required to be paid with respect to employer contributions\nto such retirement systems on account of employees of such senior\ncolleges.\n  (ii) Notwithstanding any inconsistent provision of law to the\ncontrary, but subject to the provisions of paragraph d of this\nsubdivision and subparagraph (iv) of this paragraph, commencing with the\ntwelve-month period beginning July first, nineteen hundred eighty-one\nand thereafter, the city of New York shall contribute twenty per centum\nof that portion of the yearly installment of the balance sheet liability\ncontribution (as defined in subdivision nine of such section sixty-two\nhundred two) payable with respect to each such retirement system for\neach such twelve-month period with respect to required employer\ncontributions to such retirement system on account of employees of such\nsenior colleges, plus thirty per centum of that portion of the balance\nsheet liability contribution (as defined in subdivision nine of such\nsection sixty-two hundred two) which would represent the hypothetical\nbalance sheet liability contribution which would have been required to\nbe made with respect to employer contributions on account of employees\nof such senior colleges if the balance sheet liability had been\ndetermined on June thirtieth, nineteen hundred seventy-five.\n  (iii) Notwithstanding any inconsistent provision of law to the\ncontrary, but subject to the provisions of paragraph d of this\nsubdivision and subparagraph (iv) of this paragraph, commencing with the\ntwelve-month period beginning July first, nineteen hundred eighty-one\nand thereafter, the state shall contribute that portion of the yearly\ninstallment of the balance sheet liability contribution (as defined in\nsubdivision nine of such section sixty-two hundred two) payable with\nrespect to each such retirement system for each such twelve-month period\nwith respect to required employer contributions to such retirement\nsystem on account of employees of such senior colleges, which portion\nshall be the remainder computed by subtracting from such yearly\ninstallment with respect to such retirement system on account of such\nemployees, the amount which the provisions of subparagraph (ii) of this\nparagraph require the city of New York to contribute for the same\ntwelve-month period with respect to such retirement system.\n  (iv) (A) Notwithstanding any provision of law to the contrary, but\nsubject to the provisions of paragraph d of this subdivision, the city\nof New York shall contribute, in each applicable twelve-month period of\nthe twenty-year amortization schedule set forth in subdivision bb of\nsection 13-638.2 of the administrative code of the city of New York, a\nportion of each of the following installments, which portion shall be\ndetermined pursuant to the method of computation set forth in\nsubparagraph (ii) of this paragraph with respect to determination of the\nportion of the balance sheet liability contribution required to be paid\nby the city:\n  (1) all NYCERS installments of nineteen hundred ninety BSL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-m of section sixty-two hundred two of this article);\nand\n  (2) all NYCTRS installments of nineteen hundred ninety BSL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-n of section sixty-two hundred two of this article).\n  (B) Notwithstanding any provision of law to the contrary, but subject\nto the provisions of paragraph d of this subdivision, the state shall\ncontribute, in each applicable twelve-month period of the twenty-year\namortization schedule set forth in subdivision bb of section 13-638.2 of\nthe administrative code of the city of New York, a portion of each of\nthe installments referred to in item (A) of this subparagraph, which\nportion shall be determined pursuant to the method of computation set\nforth in subparagraph (iii) of this paragraph with respect to\ndetermination of the portion of the balance sheet liability contribution\nrequired to be paid by the state.\n  c. (i) If the nineteen hundred eighty unfunded accrued liability\nadjustment (as defined in subdivision eight of such section sixty-two\nhundred two) is a credit with respect to either of such retirement\nsystems, there shall be determined the portion of the creditable\ninstallments of such adjustment attributable to the New York city\nemployees' retirement system and the portion of such creditable\ninstallments attributable to the New York city teachers' retirement\nsystem. With respect to the twelve-month period beginning on July first,\nnineteen hundred eighty and each succeeding twelve-month period to and\nincluding the twelve-month period ending on June thirtieth, nineteen\nhundred ninety, one-half of the installment, for such period, of the\ncredit attributable to the New York city employees' retirement system\nshall be credited in favor of the city with respect to its obligations\nto make contributions to such retirement system for such period and\none-half of such installment shall be credited in favor of the state\nwith respect to its obligations to make contributions to such retirement\nsystem for such period. With respect to the twelve-month period\nbeginning on July first, nineteen hundred eighty and each succeeding\ntwelve-month period to and including the twelve-month period ending on\nJune thirtieth, nineteen hundred ninety, one-half of the installment,\nfor such period, of the credit attributable to the New York city\nteachers' retirement system shall be credited in favor of the city with\nrespect to its obligations to make contributions to such retirement\nsystem for such period and one-half of such installment shall be\ncredited in favor of the state with respect to its obligations to make\ncontributions to such retirement system for such period.\n  (ii) There shall be determined with respect to each such retirement\nsystem the portion of each installment of the nineteen hundred\neighty-two unfunded accrued liability adjustment (as defined in\nsubdivision eight-a of such section sixty-two hundred two) creditable in\nthe twelve-month periods beginning on July first, nineteen hundred\neighty-two and ending on June thirtieth, nineteen hundred ninety, which\nportion is attributable to the employees of such senior colleges.\nOne-half of such portion shall be credited in favor of the city with\nrespect to its obligations to make contributions to the New York city\nemployees' retirement system in each such twelve-month period and\none-half of such portion shall be credited in favor of the state with\nrespect to its obligations to make contributions to such retirement\nsystem in such twelve-month period. With respect to the twelve-month\nperiod beginning on July first, nineteen hundred eighty-two and each\nsucceeding twelve-month period to and including the twelve-month period\nending on June thirtieth, nineteen hundred ninety, one-half of such\nportion applicable to the New York city teachers' retirement system\nshall be credited in favor of the city with respect to its obligations\nto make contributions to such retirement system in each such\ntwelve-month period and one-half of such portion shall be credited in\nfavor of the state with respect to its obligations to make contributions\nto such retirement system in such twelve-month period.\n  c-1. (i) Notwithstanding any other provisions of law to the contrary,\ncommencing with the twelve-month period beginning on July first,\nnineteen hundred eighty-five and in each twelve-month period thereafter\nto and including the twelve-month period ending on June thirtieth,\nnineteen hundred ninety:\n  (A) one-half of one annual installment of the NYCERS nineteen hundred\neighty-five unfunded accrued liability adjustment attributable to the\nsenior colleges (as defined in subdivision eight-b of section sixty-two\nhundred two of this article) shall be credited in favor of the city with\nrespect to its obligations to make contributions of the New York city\nemployees' retirement system in each such twelve-month period; and\n  (B) one-half of one such annual installment above referred to in this\nsubparagraph shall be credited in favor of the state with respect to its\nobligations to make contributions to such retirement system in each such\ntwelve-month period.\n  (ii) Notwithstanding any other provision of law to the contrary, there\nshall be determined the portion of each installment of the NYCTRS\nnineteen hundred eighty-five unfunded accrued liability adjustment (as\ndefined in subdivision eight-c of such section sixty-two hundred two)\ncreditable in the twelve-month periods beginning on July first, nineteen\nhundred eighty-five and ending on June thirtieth, nineteen hundred\nninety, which portion is attributable to the employees of such senior\ncolleges. One-half of such portion shall be credited in favor of the\ncity with respect to its obligations to make contributions to the New\nYork city teachers' retirement system in each such twelve-month period\nand one-half of such portion shall be credited in favor of the state\nwith respect to its obligations to make contributions to such retirement\nsystem in such twelve-month period.\n  (iii) Notwithstanding any other provision of law to the contrary,\nthere shall be determined the portion of each installment of the NYCTRS\nnineteen hundred eighty-six unfunded accrued liability adjustment (as\ndefined in subdivision eight-d of such section sixty-two hundred two)\ncreditable in the twelve-month periods beginning on July first, nineteen\nhundred eighty-six and ending on June thirtieth, nineteen hundred\nninety, which portion is attributable to the employees of such senior\ncolleges. One-half of such portion shall be credited in favor of the\ncity with respect to its obligations to make contributions to the New\nYork city teachers' retirement system in each such twelve-month period\nand one-half of such portion shall be credited in favor of the state\nwith respect to its obligations to make contributions to such retirement\nsystem in such twelve-month period.\n  c-2. Notwithstanding any other provisions of law to the contrary:\n  (i) commencing with the twelve-month period beginning on July first,\nnineteen hundred eighty-eight and in each twelve-month period thereafter\nto and including the twelve-month period ending on June thirtieth,\nnineteen hundred ninety:\n  (A) if the New York city employees' retirement system nineteen hundred\neighty-eight unfunded accrued liability adjustment attributable to the\nsenior colleges (as defined in subdivision eight-e of section sixty-two\nhundred two of this article) is a charge, the state and the city of New\nYork shall each contribute to the New York city employees' retirement\nsystem one-half of each of the installments of such charge for such\ntwelve-month periods; and\n  (B) if the New York city employees' retirement system nineteen hundred\neighty-eight unfunded accrued liability adjustment attributable to the\nsenior colleges is a credit, one-half of each installment of such credit\nfor such twelve-month periods shall be credited in favor of the state\nwith respect to its obligations to make contributions to such retirement\nsystem for the twelve-month period to which such installment applies;\nand one-half of each such installment shall be credited in favor of the\ncity of New York with respect to its obligations to make contributions\nto such retirement system for the twelve-month period to which such\ninstallment applies; and\n  (ii) commencing with the twelve-month period beginning on July first,\nnineteen hundred eighty-eight and in each twelve-month period thereafter\nto and including the twelve-month period ending on June thirtieth,\nnineteen hundred ninety:\n  (A) if the New York city teachers' retirement system nineteen hundred\neighty-eight unfunded accrued liability adjustment attributable to the\nsenior colleges (as defined in subdivision eight-f of section sixty-two\nhundred two of this article) is a charge, the state and the city of New\nYork shall each contribute to the New York city teachers' retirement\nsystem one-half of each of the installments of such charge; and\n  (B) if the New York city teachers' retirement system nineteen hundred\neighty-eight unfunded accrued liability adjustment attributable to the\nsenior colleges is a credit, one-half of each installment of such credit\nshall be credited in favor of the state with respect to its obligations\nto make contributions to such retirement system for the twelve-month\nperiod to which such installment applies and one-half of each such\ninstallment shall be credited in favor of the city of New York with\nrespect to its obligations to make contributions to such retirement\nsystem for the twelve-month period to which such installment applies.\n  c-3. Notwithstanding any other provision of law to the contrary,\ncommencing with the twelve-month period constituting the first fiscal\nyear of the applicable designated amortization period prescribed\npursuant to subdivision k of section 13-638.2 of the administrative code\nof the city of New York with respect to any NYCERS post-June thirtieth,\nnineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-g\nof such section sixty-two hundred two), and commencing with the\ntwelve-month period constituting the first fiscal year of the applicable\ndesignated amortization period prescribed pursuant to such subdivision k\nwith respect to any NYCTRS post-June thirtieth, nineteen hundred ninety\nunfunded accrued liability adjustment attributable to the senior\ncolleges (as defined in subdivision eight-h of such section sixty-two\nhundred two), and in each of the next succeeding twelve-month periods of\nsuch applicable designated period of amortization:\n  (i) if such adjustment is a charge, the state and the city of New York\nshall each contribute to the retirement system in relation to which such\nadjustment is established one-half of the installment of such adjustment\ndue in such twelve-month period; and\n  (ii) if such adjustment is a credit, one-half of the installment of\nsuch credit attributable to such twelve-month period shall be credited\nin favor of the city with respect to its obligations to make\ncontributions to such retirement system in such twelve-month period and\none-half of the installment of such credit attributable to such\ntwelve-month period shall be credited in favor of the state with respect\nto its obligations to make contributions to such retirement system in\nsuch twelve-month period.\n  c-4. Notwithstanding any other provision of law to the contrary, but\nsubject to the provisions of paragraph d of this subdivision, in each\napplicable twelve-month period of the twenty-year amortization schedule\nset forth in subdivision bb of section 13-638.2 of the administrative\ncode of the city of New York, the state and the city of New York shall\neach contribute one-half of the following installments:\n  (i) all NYCERS phase-in installments of nineteen hundred ninety UAL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-i of section sixty-two hundred two of this article);\n  (ii) all NYCERS regular installments of nineteen hundred ninety UAL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-j of section sixty-two hundred two of this article);\n  (iii) all NYCTRS phase-in installments of nineteen hundred ninety UAL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-k of section sixty-two hundred two of this article);\nand\n  (iv) all NYCTRS regular installments of nineteen hundred ninety UAL\ncontribution attributable to the senior colleges (as defined in\nsubdivision eight-1 of section sixty-two hundred two of this article).\n  d. The costs of such unfunded accrued liability contributions, revised\nunfunded accrued liability contributions, contributions on account of\ninstallments of nineteen hundred eighty unfunded accrued liability\nadjustment (if such adjustment is a charge), contributions on account of\nNew York city employees' retirement system nineteen hundred eighty-eight\nunfunded accrued liability adjustment attributable to the senior\ncolleges (if such adjustment is a charge) and New York city teachers'\nretirement system nineteen hundred eighty-eight unfunded accrued\nliability adjustment attributable to the senior colleges (if such\nadjustment is a charge), contributions on account of any NYCERS\npost-June thirtieth, nineteen hundred ninety unfunded accrued liability\nadjustment attributable to the senior colleges (if such adjustment is a\ncharge), contributions on account of any NYCTRS post-June thirtieth,\nnineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (if such adjustment is a charge),\nbalance sheet liability contributions and contribution on account of\ninterest on balance sheet liability and contributions for twenty-year\namortization of nineteen hundred ninety senior college consolidated UAL\nand senior college remainder of BSL (as defined in subdivision eight-o\nof section sixty-two hundred two of this article) referred to in\nparagraphs a, b, c-1, c-2, c-3 and c-4 of this subdivision shall be\npre-financed from city of New York funds. The state shall reimburse the\ncity of New York for the state's share of such costs in relation to such\nemployees resulting from such contributions payable to such retirement\nsystems during the periods beginning on July first, nineteen hundred\nseventy-nine and thereafter according to the repayment schedule set\nforth for the senior colleges in subparagraph three of subdivision A of\nsection sixty-two hundred twenty-one of this article.\n  2. For each city fiscal year, the board of trustees of the city\nuniversity shall submit a proposed budget request for such employer\ncontribution as defined in subdivision one above in such form and\ncontent as shall be required by the state director of the budget. Such\nproposed budget request shall be submitted to the governor by the first\nday of October of each year, with copies at such time to the state\ndirector of the budget, the senate finance committee, the assembly ways\nand means committee and, for information purposes, the director of the\noffice of management and budget of the city of New York. The governor\nshall submit his recommendations with respect to such budget to the\nlegislature as part of the local assistance portion of the executive\nbudget.\n  3. The state comptroller shall annually audit the amounts paid\npursuant to this section and shall make a report as soon as practicable\nthereon to the governor, the temporary president of the senate, the\nspeaker of the assembly and the mayor of the city of New York.\n
N.Y. EDN Law § 6306 — New York Code / Act EDN / Title 7 / Article 126 / Section 6306
Administration of community colleges--boards of trustees
Status: in_force

§ 6306. Administration of community colleges--boards of trustees. 1.\nEach community college, except in the city of New York, shall be\nadministered by a board of trustees of ten members, nine of whom shall\nbe appointed for terms of seven years in annual rotation, and one member\nelected as herein provided, except that initial appointments shall be\nmade for terms of one to nine years respectively. Five members shall be\nappointed by the local legislative body or board, or other appropriate\ngoverning agency, one of whom may be a member of such local legislative\nbody or board, or other appropriate governing agency, four, from among\npersons residing in the sponsoring community, by the governor and one\nmember elected by and from among the students of the college who shall\nserve as a member of the board for a one-year term, provided, however,\nthat the term of the student member first elected shall be nine months\ncommencing October first, nineteen hundred seventy-five. The student\nmember shall be afforded the same parliamentary privileges as are\nconferred upon voting members, including but not limited to the right to\nmake and second motions and to place items on the agenda. Such student\nmember shall be subject to every provision of any general, special or\nlocal law, ordinance, charter, code, rule or regulation applying to the\nmembers of such board with respect to the discharge of their duties\nincluding, but not limited to, those provisions setting forth codes of\nethics, disclosure requirements and prohibiting business and\nprofessional activities. The election of the student member shall be\nconducted in accordance with rules and regulations promulgated by the\nrespective representative campus student association in accordance with\nguidelines established by the state university trustees. In the event\nthat the student member ceases to be a student at the institution, he\nshall be required to resign. The governor's initial appointments shall\nbe for terms of two, four, six and eight years respectively and those by\nlocal authorities for terms of one, three, five, seven and nine years\nrespectively. Vacancies shall be filled for unexpired terms in the same\nmanner as original selections by the authority responsible for the\noriginal selection. The board shall select its own chairman from among\nits voting membership. Where two or more local sponsors join in the\nestablishment of a community college, the apportionment of the\nappointments among them shall be made by the state university trustees.\nTrustees shall receive no compensation for their services but shall be\nreimbursed for their expenses actually and necessarily incurred by them\nin the performance of their duties under this article. Members initially\nappointed or elected under this subdivision to the board of trustees of\nany community college 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 the boards of trustees of community colleges\nheretofore established, appointed or elected as provided in this\nsubdivision, 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 boards of\ntrustees of community colleges heretofore established shall be deemed to\nhave commenced on the first day of July of the year in which such\ncolleges were established and the terms of their successors for full\nterms, if any, shall be deemed to have commenced upon the expiration of\nthe number of years from such date for which such initial appointments\nwere 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. In the case of community colleges in the city of New York the\nyear in which any such college was established for the purposes of this\nsubdivision shall mean the year in which it was or may be determined\nthat its board of trustees be appointed and serve in the manner provided\nby this subdivision.\n  The provisions of this subdivision shall not apply to community\ncollege regional boards of trustees.\n  1-a. Notwithstanding the provisions of subdivision one of this\nsection, the term of office of a member of the board of trustees of\nRockland Community College appointed by the local legislative body or\nboard shall be five years.\n  2. The board of trustees of each community college shall appoint a\npresident for the college, subject to approval by the state university\ntrustees, and it shall appoint or delegate to the president the\nappointment of other members of the staff. The staff of a community\ncollege shall consist of the professional service and the\nnon-professional service. The professional service shall include\npositions requiring the performance of educational functions in\nagriculture, home economics, liberal and applied arts and sciences,\nengineering, technical skills, crafts, business education, medicine,\ndentistry, nursing, academic administration, library service, student\nactivities, student personnel services, and other professions required\nto carry on the work of the community colleges. The non-professional\nservice shall consist of all positions not in the professional service.\nThe board of trustees of each community college shall adopt curricula,\nsubject to the approval of the state university trustees, prepare a\nbudget and, with the exception of community college regional boards of\ntrustees, submit such budget for approval by the local legislative body\nor board, or other appropriate governing agency and, subject to the\ngeneral supervision of the state university trustees, discharge such\nother duties as may be appropriate or necessary for the effective\noperation of the college. Where the city of New York is the local\nsponsor of a community college, salaries fixed by the board of trustees\nof such college shall be in accordance with salary schedules approved by\nthe mayor of that city.\n  3. In the city of New York, upon the establishment of a community\ncollege sponsored by the board of education, the sponsoring board shall\nbe the trustees and shall be vested with the powers of a board of\ntrustees of a community college, or upon the application of the\nsponsoring board, approved by the state university trustees, the board\nof trustees of such community college may be appointed and serve in the\nmanner provided by subdivision one of this section; and upon the\nestablishment and continuance of a community college sponsored by the\ncity of New York, the local sponsor may designate the board of education\nin that city as the trustee to be vested with the powers of a board of\ntrustees of a community college, or the local sponsor may provide that\nthe board of trustees of such community college shall be appointed and\nserve in the manner provided by subdivision one of this section. In the\nevent that the board of education serves as the board of trustees of a\ncommunity college in the city of New York, its powers and duties in\nrelation thereto shall be as prescribed in this article for boards of\ntrustees of community colleges. In the city of New York, the board of\ntrustees of the fashion institute of technology shall, under such\nby-laws as such board deems appropriate, provide for the eligibility for\nsabbatical leaves of absence to members of its permanent instructional\nstaff; provided, however, that when such leaves are for one-half year,\nthey shall be at full pay, and when such leaves are for one year, they\nshall be at half pay.\n  3-a. (a) Notwithstanding the provisions of subdivisions one and three\nof this section, effective July first, two thousand eight, the fashion\ninstitute of technology shall be administered by a board of trustees of\ntwelve members. Six members shall be appointed by the local sponsor, one\nof whom may be a member of such sponsor; five members shall be appointed\nby the governor from among persons who reside in the city of New York;\nand one member shall be elected by and from among the students of the\nfashion institute of technology.\n  (b) The provisions of subdivisions one and three of this section\nnotwithstanding, effective July first, two thousand nine, the fashion\ninstitute of technology shall be administered by a board of trustees of\nfourteen members. Seven members shall be appointed by the local sponsor,\none of whom may be a member of such sponsor; six members shall be\nappointed by the governor from among persons who reside in the city of\nNew York; and one member shall be elected by and from among the students\nof the fashion institute of technology.\n  (c) The provisions of subdivisions one and three of this section\nnotwithstanding, effective July first, two thousand ten, the fashion\ninstitute of technology shall be administered by a board of trustees of\nsixteen members. Eight members shall be appointed by the local sponsor,\none of whom may be a member of such sponsor; seven members shall be\nappointed by the governor from among persons who reside in the city of\nNew York; and one member shall be elected by and from among the students\nof the fashion institute of technology.\n  3-b. The board of trustees of each community college, and those\nprovided for in the city of New York by subdivision three of this\nsection, shall adopt a policy for admission of students who have\ncompleted an online high school program located within the United States\nconsistent with the provisions of subparagraph eleven of paragraph h of\nsubdivision two of section three hundred fifty-five of this chapter.\n  4. The board of trustees of each community college may acquire by\ndeed, gift, devise, bequest or lease, real or personal property suitable\nfor carrying out the program and purposes of the college, and pursuant\nto regulations prescribed by the state university trustees may apply any\nincome that may be derived therefrom to the maintenance thereof; but no\nlands, grounds, buildings, facilities or equipment shall be purchased or\nleased unless an appropriation has been made, therefor, or unless\notherwise authorized by law. Title to personal property so acquired\nshall vest in such board of trustees in its own name and such property\nshall be held and used by such board for college purposes. Title to real\nproperty so acquired shall vest in and be held by the local sponsor in\ntrust for the uses and purposes of the community college. Where a\ncommunity college region is the local sponsor of a community college,\ntitle to real and personal property shall vest in the community college\nregional board of trustees. The use of real or personal property given\nto the board of trustees of any community college, or of the income\ntherefrom, to provide any part of the local sponsor's share of capital\nor operating costs shall be subject to the consent of the state\nuniversity trustees and such regulations as they may prescribe.\n  5. The board of trustees shall have the care, custody, control and\nmanagement of the lands, grounds, buildings, facilities and equipment\nused for the purposes of such college and of all other property\nbelonging to such college and used for carrying out its purposes, and it\nshall have power to protect, preserve and improve the same.\n  5-a. a. The board of trustees of each community college 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 community\ncollege provides 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 have\nsuch designation suspended or removed pursuant to procedures established\nby the community college or in compliance with any local collective\nbargaining agreement, if applicable to the community college and its\nemployees.\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-b. Subject to the approval of the board of regents, the board of\ntrustees shall have the authority to grant honorary associate degrees.\n  6. The board of trustees shall have such other powers and perform such\nother duties as may be provided by law or prescribed by the state\nuniversity trustees.\n  7. Subject to the approval of the local sponsor acting through its\nlocal legislative body or board, or other appropriate governing agency,\nand pursuant to such regulations and limitations as may be established\nand prescribed by the state university trustees, the board of trustees\nof each community college may enter into any contract or agreement\ndeemed necessary or appropriate for the effective operation of the\ncollege, (1) including contracts or agreements entered into with the\nfederal government to enable participation in federal student loan\nprograms, including any and all instruments required thereunder;\nprovided, however, that the sponsor shall not be liable for any portion\nof any defaults which it has agreed to assume pursuant to any such\nagreement in an amount in excess of money appropriated or otherwise\nlawfully available therefor at the time the liability for payment\narises, and (2) including contracts with non-profit corporations\norganized by officers, employees, alumni or students of the college for\nthe furtherance of its objects and purposes. Notwithstanding the\nprovisions of any other law, general, special or local, such contracts\nentered into with such non-profit corporation shall not be subject to\nany requirement that contracts be let to the lowest responsible bidder\nafter advertisement for bids. Nothing contained in this subdivision\nshall be deemed to diminish or impair any powers or authority otherwise\nvested in the board of trustees of any community college. The provisions\nof this subdivision shall not apply to community college regional boards\nof trustees.\n  8. Subject to the approval of the local sponsor acting through its\nlocal legislative body or board, or other appropriate governing agency,\nand 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 board of trustees of each community college\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. The\nprovisions of this subdivision shall not apply to community college\nregional boards of trustees.\n  8-a. a. The board of trustees shall, on or before January first, two\nthousand, adopt and implement a plan providing for the investigation of\nany violent felony offense occurring at or on the grounds of each such\ninstitution, and providing for the investigation of a report of any\nmissing student. Such plans shall provide for the coordination of the\ninvestigation of such crimes and reports with local law enforcement\nagencies. Such plans shall include, but not be limited to, written\nagreements with appropriate local law enforcement agencies providing for\nthe prompt investigation of such crimes and reports and a requirement\nthat the institution shall notify the appropriate law enforcement agency\nas soon as practicable but in no case more than twenty-four hours after\na report of a violent felony or that a student who resides in housing\nowned or operated by such institution is missing; provided that each\ninstitution shall: (1) inform each victim of a sexual offense of their\noptions to notify proper law enforcement authorities, including\non-campus and local police; (2) inform the victim of a sexual offense of\nthe right to report or not to report such offense to the local law\nenforcement agencies; and (3) offer the option to be assisted by campus\nauthorities in notifying such authorities, if the victim of sexual\nassault so chooses, all in compliance with applicable federal law,\nincluding, but not limited to, the federal Campus Sexual Assault\nVictims' Bill of Rights under Title 20 U.S. Code Section 1092(f).\n  b. As used in this subdivision, the following terms shall have the\nfollowing meanings:\n  (i) "Local law enforcement agencies" means any agency or agencies\nemploying peace officers or police officers for the enforcement of the\nlaws of the state, and which has or have jurisdiction under provisions\nof the criminal procedure law over offenses occurring at or on the\ngrounds of any institution subject to the provisions of this\nsubdivision.\n  (ii) "Missing student" means any student of an institution subject to\nthe provisions of this subdivision, who resides in a facility owned or\noperated by such institution and who is reported to such institution as\nmissing from his or her residence.\n  (iii) "Violent felony offense" means a violent felony offense as\ndefined in subdivision one of section 70.02 of the penal law.\n  9. In the case of colleges sponsored by community college regions,\nreferences in subdivisions two, four, five, six and eight-a of this\nsection to the board of trustees of a community college shall mean the\ncommunity college regional board of trustees.\n  10. The boards of trustees of the state university of New York\ncommunity colleges shall consult with boards of cooperative educational\nservices (BOCES) to identify new or existing programs offered to\nstudents that would allow a student to pursue an associate of\noccupational studies (AOS) degree from a community college upon high\nschool graduation. Once identified, BOCES in collaboration with the\ncommunity college boards of trustees shall make such path, identified\nprograms, and AOS degree options known to ensure that students are aware\nthat such options exist.  Such notification shall begin in the eighth\ngrade, and include the provision of materials on AOS degree options to\nschool counselors in each school district in such region. Provided\nhowever, that such boards and BOCES shall not take any action to direct\nor suggest that a student should pursue a particular degree or pathway.\n  11. The board of trustees of each community college shall adopt\nwritten policies requiring that all public single-occupancy bathroom\nfacilities be designated as gender neutral for use by no more than one\noccupant at a time or for family or assisted use. Such gender neutral\nbathroom facilities shall be clearly designated by the posting of such\non or near the entry door of each facility. For purposes of this\nsection, "single-occupancy bathroom" shall have the same meaning as\nparagraph (d) of subdivision one of section one hundred forty-five of\nthe public buildings law.\n  * 12. (a) The use of artificial intelligence systems, as defined by\nsection one hundred three-e of the state technology law, shall not\naffect (i) the existing rights of employees pursuant to a collective\nbargaining agreement; or (ii) the existing representational\nrelationships among employee organizations or the bargaining\nrelationships between the employer and an employee organization.\n  (b) The use of such artificial intelligence systems shall not result\nin the: (i) discharge, displacement or loss of position, including\npartial displacement such as a reduction in the hours of non-overtime\nwork, wages, or employment benefits, or result in the impairment of\ncollective bargaining agreements; or\n  (ii) transfer of existing duties and functions currently performed by\nemployees of each community college to an artificial intelligence\nsystem.\n  (c) The use of an artificial intelligence system shall not alter the\nrights or benefits, and privileges, including but not limited to terms\nand conditions of employment, civil service status, and collective\nbargaining unit membership status of all existing employees of each\ncommunity college shall be preserved and protected.\n  * NB Repealed July 1, 2028\n
N.Y. VAT Law § 1144-A — New York Code / Act VAT / Title 7 / Article 26 / Section 1144-A
Operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle, hazard vehicle, vehicle displaying a b...
Status: in_force

§ 1144-a. Operation of vehicles when approaching a parked, stopped or\nstanding authorized emergency vehicle, hazard vehicle, vehicle\ndisplaying a blue or green light or certain other motor vehicles. (a)\nEvery operator of a motor vehicle shall exercise due care to avoid\ncolliding with an authorized emergency vehicle which is parked, stopped\nor standing on the shoulder or any portion of such highway and such\nauthorized emergency vehicle is displaying one or more red or\ncombination red and white lights pursuant to the provisions of paragraph\ntwo of subdivision forty-one of section three hundred seventy-five of\nthis chapter or is displaying one or more blue, combination blue and red\nor combination blue, red and white lights pursuant to the provisions of\nsubparagraph b of paragraph four of subdivision forty-one of section\nthree hundred seventy-five of this chapter. For operators of motor\nvehicles on parkways or controlled access highways, such due care shall\ninclude, but not be limited to, moving from a lane which contains or is\nimmediately adjacent to the shoulder where such authorized emergency\nvehicle displaying one or more red, blue or white or any combination of\nred and white lights or blue or combination blue and red or combination\nblue, red and white lights pursuant to the provisions of paragraph two\nor subparagraph b of paragraph four, as applicable of subdivision\nforty-one of section three hundred seventy-five of this chapter is\nparked, stopped or standing to another lane, provided that such movement\notherwise complies with the requirements of this chapter including, but\nnot limited to, the provisions of sections eleven hundred ten of this\ntitle and eleven hundred twenty-eight of this title.\n  (b) Every operator of a motor vehicle shall exercise due care to avoid\ncolliding with a hazard vehicle which is parked, stopped or standing on\nthe shoulder or on any portion of such highway and such hazard vehicle\nis displaying one or more amber lights pursuant to the provisions of\nparagraph three of subdivision forty-one of section three hundred\nseventy-five of this chapter or, if such hazard vehicle is designed for\nthe towing or pushing of disabled vehicles such hazard vehicle is\ndisplaying one or more amber lights or one or more blue or combination\nblue and amber lights pursuant to the provisions of paragraph three or\nsubparagraph b-1 of paragraph four, as applicable, of subdivision\nforty-one of section three hundred seventy-five of this chapter or, if\nsuch hazard vehicle owned and operated by the state or by a county,\ncity, town or village is designed for the removal of ice and snow such\nhazard vehicle is displaying one or more amber lights or one or more\ngreen or combination green and amber lights pursuant to the provisions\nof paragraph three or subparagraph (c) of paragraph five, as applicable,\nof subdivision forty-one of section three hundred seventy-five of this\nchapter. For operators of motor vehicles on parkways or controlled\naccess highways, such due care shall include, but not be limited to,\nmoving from a lane which contains or is immediately adjacent to the\nshoulder where (i) such hazard vehicle displaying one or more amber\nlights pursuant to the provisions of paragraph three of subdivision\nforty-one of section three hundred seventy-five of this chapter or (ii)\nsuch hazard vehicle designed for the towing or pushing of disabled\nvehicles displaying one or more amber lights or one or more blue or\ncombination blue and amber lights pursuant to the provisions of\nparagraph three or subparagraph b-1 of paragraph four, as applicable, of\nsubdivision forty-one of section three hundred seventy-five of this\nchapter or (iii) such hazard vehicle owned and operated by the state or\nby a county, city, town or village is displaying one or more amber\nlights or one or more green or combination green and amber lights\npursuant to the provisions of paragraph three or subparagraph (c) of\nparagraph five, as applicable, of subdivision forty-one of section three\nhundred seventy-five of this chapter, is parked, stopped or standing to\nanother lane, provided that such movement otherwise complies with the\nrequirements of this chapter including, but not limited to, the\nprovisions of sections eleven hundred ten and eleven hundred\ntwenty-eight of this title.\n  (c) Every operator of a motor vehicle shall exercise due care to avoid\ncolliding with a vehicle displaying a blue light pursuant to the\nprovisions of paragraph four or a green light pursuant to the provisions\nof paragraph five of subdivision forty-one of section three hundred\nseventy-five of this chapter which is parked, stopped or standing on the\nshoulder or any portion of such highway. For operators of motor vehicles\non parkways or controlled access highways, such due care shall include,\nbut not be limited to, moving from a lane which contains or is\nimmediately adjacent to the shoulder where such vehicle displaying a\nblue light pursuant to the provisions of paragraph four or a green light\npursuant to the provisions of paragraph five of subdivision forty-one of\nsection three hundred seventy-five of this chapter is parked, stopped or\nstanding to another lane, provided that such movement otherwise complies\nwith the requirements of this chapter including, but not limited to, the\nprovisions of sections eleven hundred ten and eleven hundred\ntwenty-eight of this title.\n  (d) Every operator of a motor vehicle on a parkway and on a\ncontrolled-access highway shall exercise due care to avoid colliding\nwith a motor vehicle which is parked, stopped or standing on the\nshoulder or any portion of such parkway or controlled-access highway.\nFor the purposes of this subdivision, such due care shall include, but\nnot be limited to, moving from a lane which contains or is immediately\nadjacent to the shoulder where such motor vehicle is parked, stopped or\nstanding to another lane, provided that such movement otherwise complies\nwith the requirements of this chapter including, but not limited to, the\nprovisions of sections eleven hundred ten and eleven hundred\ntwenty-eight of this title.\n
N.Y. BNK Law § 7019 — New York Code / Act BNK / Article 15 / Title 7 / Section 7019
Authorization for indemnification of directors and officers
Status: in_force

§ 7019. Authorization for indemnification of directors and officers.\n1. A corporation may indemnify any person, made, or threatened to be\nmade, a party to an action or proceeding (other than one by or in the\nright of the corporation to procure a judgment in its favor), whether\ncivil or criminal, including an action by or in the right of any other\ncorporation of any type or kind, whether or not formed under any law of\nthis state, or any partnership, joint venture, trust, employee benefit\nplan or other enterprise, which any director or officer of the\ncorporation served in any capacity at the request of the corporation, by\nreason of the fact that he, his testator or intestate, was a director or\nofficer of the corporation, or served such other corporation,\npartnership, joint venture, trust, employee benefit plan or other\nenterprise in any capacity, against judgments, fines, amounts paid in\nsettlement and reasonable expenses, including attorneys' fees actually\nand necessarily incurred as a result of such action or proceeding, or\nany appeal therein, if such director or officer acted, in good faith,\nfor a purpose which he reasonably believed to be in, or, in the case of\nservice for any other corporation or any partnership, joint venture,\ntrust, employee benefit plan or other enterprise, not opposed to, the\nbest interests of the corporation and, in criminal actions or\nproceedings, in addition, had no reasonable cause to believe that his\nconduct was unlawful.\n  2. The termination of any such civil or criminal action or proceeding\nby judgment, settlement, conviction or upon a plea of nolo contendere,\nor its equivalent, shall not in itself create a presumption that any\nsuch director or officer did not act, in good faith, for a purpose which\nhe reasonably believed to be in, or, in the case of service to any other\ncorporation or any partnership, joint venture, trust, employee benefit\nplan or other enterprise, not opposed to, the best interests of the\ncorporation or that he had reasonable cause to believe that his conduct\nwas unlawful.\n  3. A corporation may indemnify any person made, or threatened to be\nmade, a party to an action by or in the right of the corporation to\nprocure a judgment in its favor by reason of the fact that he, his\ntestator or intestate, is or was a director or officer of the\ncorporation, or is or was serving at the request of the corporation as a\ndirector or officer of any other corporation of any type or kind,\nwhether or not formed under any law of this state, of any partnership,\njoint venture, trust, employee benefit plan or other enterprise, against\namounts paid in settlement and reasonable expenses, including attorneys'\nfees, actually and necessarily incurred by him in connection with the\ndefense or settlement of such action, or in connection with an appeal\ntherein, if such director or officer acted, in good faith, for a purpose\nwhich he reasonably believed to be in, or, in the case of service for\nany other corporation or any partnership, joint venture, trust, employee\nbenefit plan or other enterprise, not opposed to, the best interests of\nthe corporation, except that no indemnification under this subdivision\nshall be made in respect of (a) a threatened action, or a pending action\nwhich is settled or otherwise disposed of, or (b) any claim, issue or\nmatter as to which such person shall have been adjudged to be liable to\nthe corporation, unless and only to the extent that the court in which\nthe action was brought, or, if no action was brought, any court of\ncompetent jurisdiction, determines upon application that, in view of all\nthe circumstances of the case, the person is fairly and reasonably\nentitled to indemnity for such portion of the settlement amount and\nexpenses as the court deems proper.\n  4. For the purpose of this section, a corporation shall be deemed to\nhave requested a person to serve an employee benefit plan where the\nperformance by such person of his duties to the corporation also imposes\nduties on, or otherwise involves services by, such person to the plan or\nparticipants or beneficiaries of the plan; excise taxes assessed on a\nperson with respect to an employee benefit plan pursuant to applicable\nlaw shall be considered fines; and action taken or omitted by a person\nwith respect to an employee benefit plan in the performance of such\nperson's duties for a purpose reasonably believed by such person to be\nin the interest of the participants and beneficiaries of the plan shall\nbe deemed to be for a purpose which is not opposed to the best interests\nof the corporation.\n
N.Y. ENV Law § 11-0701 — New York Code / Act ENV / Article 11 / Title 7 / Section 11-0701
Definitions of licenses and privileges of licensees
Status: in_force

§ 11-0701. Definitions of licenses and privileges of licensees.\n  1. A hunting license:\n  a. entitles a holder who is twelve or thirteen years of age to hunt\nwildlife, except big game, as provided in title 9 of this article\nsubject, specifically, to the provisions of section 11-0929 of this\narticle. It entitles such holder to possess firearms as provided in\nsection 265.05 of the penal law. A holder who is twelve or thirteen\nyears of age shall not hunt with a crossbow.\n  b. entitles a holder who is fourteen or fifteen years of age to hunt\nwildlife, including wild deer and bear, as provided in title 9 of this\narticle, subject, specifically, to the provisions of section 11-0929 of\nthis article. It entitles such holder to possess firearms as provided in\nsection 265.05 of the penal law.\n  2. a. A hunting license entitles the holder to hunt wildlife subject\nto the following:\n  (1) a holder who is eighteen years of age or older may hunt wildlife\nas provided in title 9 of this article,\n  (2) a holder who is sixteen years of age or older may hunt wildlife,\nexcept big game, as provided in title 9 of this article, and\n  (3) a holder who is between the ages of sixteen and eighteen may hunt\nbig game pursuant to the provisions of title 9 of this article while the\nholder is accompanied by a parent, guardian or person over the age of\neighteen as required by section 11-0929 of this article.\n  A holder may take fish with a longbow as provided in titles 9 and 13\nof this article.\n  b. A special antlerless deer license is applicable to the hunting of\nwild antlerless deer in a special open season fixed pursuant to\nsubdivision 6 of section 11-0903 of this article in a tract within a\nWilderness Hunting Area and entitles the holder of a hunting license to\nhunt antlerless deer in such special open season, as provided in title 9\nof this article if he or she has on his or her person while so hunting\nboth his or her hunting license and his or her special antlerless deer\nlicense.\n  3. A bowhunting privilege when included on a hunting license entitles\na holder:\n  (1) who is between the ages of twelve and sixteen years to hunt wild\ndeer and bear with a longbow during the special archery season and\nduring the regular season, as provided in title 9 of this article,\nsubject to the provisions of section 11-0929 and subdivision 3 of\nsection 11-0713 of this article;\n  (2) who is eighteen years of age or older to hunt wild deer and bear\nwith a longbow, as provided in title 9 of this article, in a special\nlongbow season; and\n  (3) who is sixteen or seventeen years of age to exercise the same\nprivileges subject to the provisions of section 11-0929 and subdivision\n3 of section 11-0713 of this article.\n  4. A fishing license entitles the holder to take fish by angling,\nspearing, hooking, longbow and tipups, to take frogs by spearing,\ncatching with the hands or by use of a club or hook, and to take bait\nfish for personal use, as provided in titles 9 and 13 of this article,\nexcept that such license shall not entitle the holder to take migratory\nfish of the sea or to take fish from the waters of the marine district.\n  5. A non-resident bear tag entitles a person who has not been a\nresident of the state for more than thirty days who also possesses a\nhunting license to hunt bear during the regular open season therefor or\nin an open season fixed by regulation pursuant to subdivision eight of\nsection 11-0903 of this article. It entitles a non-resident holder who\nalso possesses a hunting license with bowhunting privilege to hunt bear\nwith a longbow during the open bear season. It entitles a non-resident\nholder who also possesses a hunting license with muzzle-loading\nprivilege to hunt bear with a muzzleloader during the open bear season.\n  6. A seven-day fishing license entitles the holder to exercise the\nprivileges of a fishing license for the seven consecutive days specified\nin the license.\n  7. A one-day fishing license entitles the holder to exercise the\nprivileges of a fishing license on the day specified on the license.\n  8. A trapping license entitles the holder to trap beaver, otter,\nfisher, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum,\nweasel, pine marten and unprotected wildlife except birds, as provided\nin title 11, subject to the provisions of section 11-0713 of this\narticle.\n  9. A muzzle-loading privilege when included on a hunting license\nentitles a holder who is fourteen years of age or older to hunt wild\ndeer and bear with a muzzle-loading firearm or crossbow, as provided in\ntitle 9 of this article, in a special muzzle-loading firearm season.\n
N.Y. ELN Law § 5-712 — New York Code / Act ELN / Article 5 / Title 7 / Section 5-712
Confirmation notices
Status: in_force

§ 5-712. Confirmation notices.  1. The board of elections shall send a\nconfirmation notice by forwardable first class or return postage\nguaranteed mail to every registered voter or applicant for registration,\nat the address at which the voter is registered or the address on the\napplication for registration, when any mail sent to such voter or\napplicant is returned as undeliverable by the postal service without any\nindication of a forwarding address and to any voter for whom notice that\nthe voter has moved without leaving a forwarding address, is received\nfrom the United States Postal Service through the National Change of\nAddress System.\n  2. (a) The board of elections shall also send a confirmation notice to\nevery registered voter for whom it receives a notice of change of\naddress to an address not in such city or county which is not signed by\nthe voter.  Such change of address notices shall include, but not be\nlimited to, notices of change of address received pursuant to\nsubdivision eleven of section 5-211 and subdivision six of section 5-212\nof this article, notice of change of address from the United States\nPostal Service through the National Change of Address System or from any\nother agency of the federal government or any agency of any state or\nlocal government and notice of a forwarding address on mail sent to a\nvoter by the board of elections and returned by the postal service. Such\nconfirmation notices shall be sent to such new address.\n  (b) If a notice sent pursuant to paragraph (a) of this subdivision to\nthe voter at the new address is returned as undeliverable, the board of\nelections shall send another such notice to the address at which the\nvoter was originally registered.\n  3. Such notices shall be in a form prescribed by the state board of\nelections and shall include a postage-paid return card on which the\nvoter may confirm the fact that he still resides at the address to which\nthe notice was sent, or notify the board of any change of address. Such\nnotices shall request all voters who receive the notice to reply with\ntheir current addresses. Such notices shall request all voters who\nreceive the notice to reply with their current addresses and shall state\nthat voters who have not moved or who have moved within the county or\ncity and who do not respond may be required to vote by affidavit ballot\nand that if they do not vote in any election up to and including the\nsecond federal election after such notice, their registrations may be\ncancelled.  Such notices sent to addresses in New York state shall also\ninclude a mail registration form and information on how voters who have\nmoved to a different city or county may reregister.\n  4. No such confirmation notices shall be sent between June first in\nany year and the date of the general election in such year or in the\nninety days before a spring primary election except that such notices\nshall be sent forthwith to persons for whom an acknowledgment of\nacceptance of registration sent pursuant to subdivision nine of section\n5-210 of this article is returned to the board of elections as\nundeliverable and to every registered voter for whom the board of\nelections receives a notice of change of address described in paragraph\na of subdivision two of this section to an address not in such city or\ncounty.\n  5. All voters or applicants to whom a confirmation notice is sent,\npursuant to the provisions of this section, shall forthwith be placed in\ninactive status.\n
N.Y. LAB Law § 590 — New York Code / Act LAB / Article 18 / Title 7 / Section 590
Rights to benefits
Status: in_force

§ 590. Rights to benefits.  1. Entitlement to benefits. A claimant\nshall be entitled to accumulate effective weeks for the purpose of\nbenefit rights only if he has complied with the provisions of this\narticle regarding the filing of his claim, including the filing of a\nvalid original claim, registered as totally or partially unemployed,\nreported his subsequent employment and unemployment, and reported for\nwork or otherwise given notice of the continuance of his unemployment.\n  2. Notice of eligibility upon separation from employment. Every\nemployer liable under this article for contributions shall inform each\nemployee of their right to file an application for unemployment benefits\nwith the department. Such information shall be given at the time of each\npermanent or indefinite separation from employment, reduction in hours,\ntemporary separation, and any other interruption of continued employment\nthat results in total or partial unemployment. Such notice shall be\ngiven in writing on a form furnished or approved by the department and\nshall include:\n  (a) the employer's name and registration number;\n  (b) the address of the employer to which a request for remuneration\nand employment information with respect to such employee must be\ndirected; and\n  (c) such other information as is required by the commissioner.\n  3. Compensable periods. Benefits shall be paid for each effective\nweek.\n  4. Duration. Benefits shall not be paid in an amount greater than\ntwenty-six times the claimant's weekly benefit rate in any benefit year,\nexcept as provided in section six hundred one and subdivision two of\nsection five hundred ninety-nine of this chapter.\n  * 5. Benefit rate. (a) A claimant's weekly benefit amount shall be one\ntwenty-sixth of the remuneration paid during the highest calendar\nquarter of the base period by employers, liable for contributions or\npayments in lieu of contributions under this article, provided the\nclaimant has remuneration paid in all four calendar quarters during his\nor her base period or alternate base period. However, for any claimant\nwho has remuneration paid in all four calendar quarters during his or\nher base period or alternate base period and whose high calendar quarter\nremuneration during the base period is three thousand five hundred\nseventy-five dollars or less, the benefit amount shall be one\ntwenty-fifth of the remuneration paid during the highest calendar\nquarter of the base period by employers liable for contributions or\npayments in lieu of contributions under this article. A claimant's\nweekly benefit shall be one twenty-sixth of the average remuneration\npaid in the two highest quarters paid during the base period or\nalternate base period by employers liable for contributions or payments\nin lieu of contributions under this article when the claimant has\nremuneration paid in two or three calendar quarters provided however,\nthat a claimant whose high calendar quarter is four thousand dollars or\nless but greater than three thousand five hundred seventy-five dollars\nshall have a weekly benefit amount of one twenty-sixth of such high\ncalendar quarter. However, for any claimant who has remuneration paid in\ntwo or three calendar quarters during his or her base period or\nalternate base period and whose high calendar quarter remuneration\nduring the base period is three thousand five hundred seventy-five\ndollars or less, the benefit amount shall be one twenty-fifth of the\nremuneration paid during the highest calendar quarter of the base period\nby employers liable for contributions or payments in lieu of\ncontributions under this article. Any claimant whose high calendar\nquarter remuneration during the base period is more than three thousand\nfive hundred seventy-five dollars shall not have a weekly benefit amount\nless than one hundred forty-three dollars. The weekly benefit amount, so\ncomputed, that is not a multiple of one dollar shall be lowered to the\nnext multiple of one dollar. On the first Monday of September, nineteen\nhundred ninety-eight the weekly benefit amount shall not exceed three\nhundred sixty-five dollars nor be less than forty dollars, until the\nfirst Monday of September, two thousand, at which time the maximum\nbenefit payable pursuant to this subdivision shall equal one-half of the\nstate average weekly wage for covered employment as calculated by the\ndepartment no sooner than July first, two thousand and no later than\nAugust first, two thousand, rounded down to the lowest dollar. On and\nafter the first Monday of October, two thousand fourteen, the weekly\nbenefit shall not be less than one hundred dollars, nor shall it exceed\nfour hundred twenty dollars until the first Monday of October, two\nthousand fifteen when the maximum benefit amount shall be four hundred\ntwenty-five dollars, until the first Monday of October, two thousand\nsixteen when the maximum benefit amount shall be four hundred thirty\ndollars, until the first Monday of October, two thousand seventeen when\nthe maximum benefit amount shall be four hundred thirty-five dollars,\nuntil the first Monday of October, two thousand eighteen when the\nmaximum benefit amount shall be four hundred fifty dollars, until the\nfirst Monday of October, two thousand nineteen when the maximum benefit\namount shall be thirty-six percent of the average weekly wage until the\nfirst Monday of October, two thousand twenty when the maximum benefit\namount shall be thirty-eight percent of the average weekly wage, until\nthe first Monday of October two thousand twenty-one when the maximum\nbenefit amount shall be forty percent of the average weekly wage, until\nthe first Monday of October, two thousand twenty-two when the maximum\nbenefit amount shall be forty-two percent of the average weekly wage,\nuntil the first Monday of October, two thousand twenty-three when the\nmaximum benefit amount shall be forty-four percent of the average weekly\nwage, until the first Monday of October, two thousand twenty-four when\nthe maximum benefit amount shall be forty-six percent of the average\nweekly wage, until the first Monday of October, two thousand twenty-five\nwhen the maximum benefit amount shall be forty-eight percent of the\naverage weekly wage, until the first Monday of October, two thousand\ntwenty-six and each year thereafter on the first Monday of October when\nthe maximum benefit amount shall be fifty percent of the average weekly\nwage provided, however, that in no event shall the maximum benefit\namount be reduced from the previous year.\n  (b) Notwithstanding the foregoing, the maximum benefit amount shall\nnot be increased in accordance with the schedule set forth in paragraph\n(a) of this subdivision in any year in which the balance of the fund is\ndetermined by the commissioner to not have reached or exceeded thirty\npercent of the average high cost multiple, as defined in 20 CFR Part 606\nas the standard for receipt of interest-free federal loans, on at least\none day between April first and June thirtieth of the same calendar year\nas the increase shall take effect. If, following such suspension of an\nincrease in the maximum benefit amount, the commissioner shall\ndetermine, on at least one day between April first and June thirtieth\nthat the balance of the fund is greater than such thirty percent average\nhigh cost multiple, then the maximum benefit amount shall increase to\nthe percentage for the year previously scheduled to be established\npursuant to paragraph (a) of this subdivision had the increase not been\nsuspended and increased annually thereafter in accordance with the\nschedule set forth in paragraph (a) of this subdivision. In no case\nshall such suspension result in a reduction of the maximum benefit\namount to less than the amount provided in the most recent year.\n  (c) Benefit for partial unemployment. Except as provided in paragraph\n(d) of this subdivision, any claimant who is partially unemployed with\nrespect to any effective week shall be paid, with respect to such\neffective week, a benefit equal to his weekly benefit rate less the\ntotal of the remuneration, if any, paid or payable to him with respect\nto such week for services performed which is in excess of his partial\nbenefit credit.\n  * NB Effective until certain provisions are met (see Ch. 56 of 2025,\nPart KK, § 4)\n  * 5. Benefit rate. (a) A claimant's weekly benefit amount shall be one\ntwenty-sixth of the remuneration paid during the highest calendar\nquarter of the base period by employers, liable for contributions or\npayments in lieu of contributions under this article, provided the\nclaimant has remuneration paid in all four calendar quarters during such\nclaimant's base period or alternate base period. However, for any\nclaimant who has remuneration paid in all four calendar quarters during\nsuch claimant's base period or alternate base period and whose high\ncalendar quarter remuneration during the base period is three thousand\nfive hundred seventy-five dollars or less, the benefit amount shall be\none twenty-fifth of the remuneration paid during the highest calendar\nquarter of the base period by employers liable for contributions or\npayments in lieu of contributions under this article. A claimant's\nweekly benefit shall be one twenty-sixth of the average remuneration\npaid in the two highest quarters paid during the base period or\nalternate base period by employers liable for contributions or payments\nin lieu of contributions under this article when the claimant has\nremuneration paid in two or three calendar quarters provided however,\nthat a claimant whose high calendar quarter is four thousand dollars or\nless but greater than three thousand five hundred seventy-five dollars\nshall have a weekly benefit amount of one twenty-sixth of such high\ncalendar quarter. However, for any claimant who has remuneration paid in\ntwo or three calendar quarters during such claimant's base period or\nalternate base period and whose high calendar quarter remuneration\nduring the base period is three thousand five hundred seventy-five\ndollars or less, the benefit amount shall be one twenty-fifth of the\nremuneration paid during the highest calendar quarter of the base period\nby employers liable for contributions or payments in lieu of\ncontributions under this article. Any claimant whose high calendar\nquarter remuneration during the base period is more than three thousand\nfive hundred seventy-five dollars shall not have a weekly benefit amount\nless than one hundred forty-three dollars. The weekly benefit amount, so\ncomputed, that is not a multiple of one dollar shall be lowered to the\nnext multiple of one dollar. On the first Monday of September, nineteen\nhundred ninety-eight the weekly benefit amount shall not exceed three\nhundred sixty-five dollars nor be less than forty dollars, until the\nfirst Monday of September, two thousand, at which time the maximum\nbenefit payable pursuant to this subdivision shall equal one-half of the\nstate average weekly wage for covered employment as calculated by the\ndepartment no sooner than July first, two thousand and no later than\nAugust first, two thousand, rounded down to the lowest dollar. On and\nafter the first Monday of October, two thousand fourteen, the weekly\nbenefit shall not be less than one hundred dollars, nor shall it exceed\nfour hundred twenty dollars until the first Monday of October, two\nthousand fifteen when the maximum benefit amount shall be four hundred\ntwenty-five dollars, until the first Monday of October, two thousand\nsixteen when the maximum benefit amount shall be four hundred thirty\ndollars, until the first Monday of October, two thousand seventeen when\nthe maximum benefit amount shall be four hundred thirty-five dollars,\nuntil the first Monday of October, two thousand eighteen when the\nmaximum benefit amount shall be four hundred fifty dollars, until the\nfirst Monday of October, two thousand nineteen when the maximum benefit\namount shall be thirty-six percent of the average weekly wage until the\nfirst Monday of October, two thousand twenty-five when the maximum\nbenefit amount shall be eight hundred sixty-nine dollars, until the\nfirst Monday of October, two thousand twenty-six and each year\nthereafter on the first Monday of October when the maximum benefit\namount shall be fifty percent of the average weekly wage provided,\nhowever, that in no event shall the maximum benefit amount be reduced\nfrom the previous year.\n  (b) Notwithstanding the foregoing, except for the increase to the\nmaximum benefit amount that is scheduled to occur on the first Monday of\nOctober in the year two thousand twenty-five, the maximum benefit amount\nshall not be increased in accordance with the schedule set forth in\nparagraph (a) of this subdivision in any year in which the balance of\nthe fund is determined by the commissioner to not have reached or\nexceeded thirty percent of the average high cost multiple, as defined in\n20 CFR Part 606 as the standard for receipt of interest-free federal\nloans, on at least one day between April first and June thirtieth of the\nsame calendar year as the increase shall take effect. If, following such\nsuspension of an increase in the maximum benefit amount, the\ncommissioner shall determine, on at least one day between April first\nand June thirtieth that the balance of the fund is greater than such\nthirty percent average high cost multiple, then the maximum benefit\namount shall increase to the percentage for the year previously\nscheduled to be established pursuant to paragraph (a) of this\nsubdivision had the increase not been suspended and increased annually\nthereafter in accordance with the schedule set forth in paragraph (a) of\nthis subdivision. In no case shall such suspension result in a reduction\nof the maximum benefit amount to less than the amount provided in the\nmost recent year.\n  (c) Benefit for partial unemployment. Any claimant who is partially\nunemployed with respect to any effective week shall be paid, with\nrespect to such effective week, a benefit equal to their weekly benefit\nrate less the total of the remuneration, if any, paid or payable to them\nwith respect to such week for services performed which is in excess of\ntheir partial benefit credit.\n  * NB Effective upon certain provisions (see Ch. 56 of 2025, Part KK, §\n4)\n  6. Notification requirement. No effective week shall be counted for\nany purposes except effective weeks as to which notification has been\ngiven in a manner prescribed by the commissioner.\n  7. Waiting period. A claimant shall not be entitled to accumulate\neffective weeks for the purpose of benefit payments until he has\naccumulated a waiting period of one effective week.\n  8. Benefit payments to professional athletes. If substantially all of\na claimant's employment during his base period is as a participant in\nsports or athletic events or in training or preparing to so participate,\nno benefits shall be payable for any week commencing during the period\nbetween two successive sports seasons or similar periods, provided there\nis a reasonable assurance that the claimant will perform services in\nsuch capacity for both of such seasons or similar periods.\n  For the purposes of this subdivision, "reasonable assurance" shall\nmean a written contract that the claimant will perform services in the\nsame capacity during the ensuing sports season or similar period or a\nclaimant's offering of services in the successive season or similar\nperiod and an interest by an employer in employing him.\n  9. Benefits based on employment performed by undocumented noncitizens.\n(a) Remuneration received by a claimant who was a noncitizen at the time\nsuch remuneration was paid shall not be taken into consideration for the\npurpose of establishing rights to benefits under this article unless the\nclaimant was then lawfully admitted for permanent residence in the\nUnited States, was then lawfully present for purposes of performing such\nservices or was then permanently residing in the United States under\ncolor of law, including a claimant lawfully present pursuant to section\n207 or 208 of the federal immigration and nationality act.\n  (b) A determination that benefits are not payable to a claimant\nbecause of the claimant's noncitizen status shall be made only upon a\npreponderance of the evidence, and shall be effective only if it is in\nconformity with section 3304 (a) (14) of the federal unemployment tax\nact.\n  (c) Any data or information required of a claimant to determine\nwhether benefits are not payable to such claimant because of noncitizen\nstatus shall be uniformly required from all claimants.\n  (d) A noncitizen who is not eligible under 8 USC 1621(a) shall be\neligible for benefits, provided such noncitizen is eligible for benefits\nunder the provisions of this article and section 3304 (a) (14) of the\nfederal unemployment tax act.\n  10. Benefits based on professional employment with educational\ninstitutions, including the state university of New York, the city\nuniversity of New York and any public community colleges. If a claimant\nwas employed in an instructional, research, or principal administrative\ncapacity by an institution of education, including the state university\nof New York, the city university of New York and any public community\ncolleges, or performed services in such an institution in such capacity\nwhile employed by an educational service agency, the following shall\napply to any week commencing during the period between two successive\nacademic years or terms, or during a similar period between two regular\nbut not successive terms when the contract provides therefor instead,\nprovided the claimant has a contract to perform, or there is a\nreasonable assurance that the claimant will perform, services in such\ncapacity for any such institution or institutions for both of such\nacademic years or such terms, and to any week commencing during an\nestablished and customary vacation period or holiday recess, not between\nsuch academic terms or years, provided the claimant performed services\nfor such institution immediately before such vacation period or holiday\nrecess and there is a reasonable assurance that the claimant will\nperform any services described in this subdivision or subdivision eleven\nof this section in the period immediately following such vacation period\nor holiday recess:\n  (a) In the case of a claimant who has no current benefit year, whether\nthe claimant meets the conditions of section five hundred twenty-seven\nin any such week shall be determined by disregarding the remuneration\npaid for such employment.\n  (b) In the case of a claimant who does have a current benefit year, no\nbenefits shall be payable with respect to any such week provided the\nclaimant would not have met the conditions of section five hundred\ntwenty-seven in the week in which the claimant filed a valid original\nclaim if the remuneration paid for such employment is disregarded.\n  (c) The benefit rate of a claimant with respect to any such week shall\nbe determined or redetermined by disregarding the remuneration paid for\nsuch employment.\n  "Educational service agency" means a governmental agency or\ngovernmental entity or Indian tribal entity which is established and\noperated exclusively for the purpose of providing to one or more\neducational institutions services mentioned under this subdivision or\nsubdivision eleven of this section.\n  For purposes of this subdivision or subdivision eleven of this\nsection, "educational institution" shall include any not-for-profit\ncommunity art school which is chartered as a school by the board of\nregents of the university of state of New York.\n  11. Benefits based on non-professional employment with certain\neducational institutions. If a claimant was employed in other than an\ninstructional, research or principal administrative capacity by an\neducational institution, or performed services in such an institution in\nsuch capacity while employed by an educational service agency, the\nfollowing shall apply to any week commencing during the period between\ntwo successive academic years or terms provided there is a reasonable\nassurance that the claimant will perform services in such capacity for\nany such institution or institutions for both of such academic years or\nterms, and to any week commencing during an established and customary\nvacation period or holiday recess, not between such academic terms or\nyears, provided the claimant performed services for such institution\nimmediately before such vacation period or holiday recess and there is a\nreasonable assurance that the claimant will perform any services\ndescribed in this subdivision or subdivision ten of this section in the\nperiod immediately following such vacation period or holiday recess:\n  (a) In the case of a claimant who has no current benefit year, whether\nthe claimant meets the conditions of section five hundred twenty-seven\nin any such week shall be determined by disregarding the remuneration\npaid for such employment.\n  (b) In the case of a claimant who does have a current benefit year, no\nbenefits shall be payable with respect to any such week provided the\nclaimant would not have met the conditions of section five hundred\ntwenty-seven in the week in which the claimant filed a valid original\nclaim if the remuneration paid for such employment is disregarded.\n  (c) The benefit rate of a claimant with respect to any such week shall\nbe determined or redetermined by disregarding the remuneration paid for\nsuch employment.\n  (d) Notwithstanding the foregoing provisions of this subdivision, a\nclaimant who was not offered an opportunity to perform services for the\neducational institution for the second of such academic years or terms\nshall be entitled to be paid benefits retroactively for each week for\nwhich the claimant filed a timely claim for benefits and for which\nbenefits were denied solely by reason of this subdivision.\n  "Educational service agency" means a governmental agency or\ngovernmental entity or Indian tribal entity which is established and\noperated exclusively for the purpose of providing to one or more\neducational institutions services mentioned under this subdivision or\nsubdivision ten of this section.\n  12. An individual claimant who has received a determination of\nentitlement pursuant to section five hundred twenty-seven of this\narticle may request the commissioner to reconsider the benefit rate to\nwhich such claimant is entitled under the following circumstances:\n  (a)(1) the claimant filed a valid original claim pursuant to\nsubdivision one or two of section five hundred twenty-seven of this\narticle or, in the event the claimant exercised his or her right to\napply to the commissioner to determine his or her benefits pursuant to\nparagraph (b) of subdivision two of such section, the claimant selected\nthe base period to be utilized; and\n  (2) after the establishment of the base period to utilize pursuant to\nsubparagraph one of this paragraph, and within ten days of the date of\nthe mailing of the determination of the benefit rate to which the\nclaimant is entitled for such base period by the commissioner, the\nclaimant produces proof satisfactory to the commissioner and consistent\nwith wage data contained in the statewide wage reporting system\nmaintained by the department of taxation and finance or, in the\ncommissioner's sole discretion, sufficient to warrant its use in the\nevent that it is inconsistent with such wage data, that he or she has at\nleast twenty weeks of employment, as defined in section five hundred\ntwenty-four of this chapter, in such established base period. Such proof\nshall include paycheck stubs, payroll envelopes, or cancelled checks.\n  (b) in the event that a claimant submits a request for reconsideration\nof the benefit rate to the commissioner pursuant to paragraph (a) of\nthis subdivision, and one-half of the average weekly wage of all wages\npaid for all weeks of employment for which proof satisfactory to the\ncommissioner was submitted pursuant to subparagraph two of paragraph (a)\nof this subdivision during the established base period referenced in\nsuch paragraph is at least five dollars more than the weekly benefit\namount calculated pursuant to subdivision five of this section, the\ncommissioner shall determine the claimant's benefit rate to be such\namount, but in no event shall such amount be more than the maximum\nbenefit rate in effect pursuant to subdivision five of this section.\n
N.Y. VAT Law § 1180-F*2 — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-F*2
Owner liability for failure of operator to comply with certain posted maximum speed limits
Status: in_force

* § 1180-f. 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 Syracuse 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\nSyracuse to install photo speed violation monitoring systems within no\nmore than thirty-four school speed zones within such city at any one\ntime and to operate such systems within such zones (iii) 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 (iv)\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. 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 Syracuse 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 Syracuse, 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 Syracuse. 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\nSyracuse, 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 Syracuse 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 Syracuse 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 Syracuse 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 There are 2 § 1180-f's\n  * NB Repealed December 31, 2028\n
N.Y. PBH Law § 268-D — New York Code / Act PBH / Article 2 / Title 7 / Section 268-D
Special functions of the Marketplace related to health plan certification and qualified health plan oversight
Status: in_force

§ 268-d. Special functions of the Marketplace related to health plan\ncertification and qualified health plan oversight. 1. Health plans\ncertified by the Marketplace shall meet the following requirements:\n  (a) The insurer offering the health plan:\n  (i) is licensed or certified by the superintendent or commissioner, in\ngood standing to offer health insurance coverage in this state, and\nmeets the requirements established by the Marketplace;\n  (ii) offers at least one qualified health plan and/or other or\nadditional health plans authorized for sale by the department of\nfinancial services or the department in each of the silver and gold\nlevels as required by state law, provided, however, that the Marketplace\nmay require additional benefit levels to be offered by all insurers\nparticipating in the Marketplace;\n  (iii) has filed with and received approval from the superintendent of\nits premium rates and policy or contract forms pursuant to the insurance\nlaw and/or this chapter;\n  (iv) does not charge any cancellation fees or penalties for\ntermination of coverage in violation of applicable law; and\n  (v) complies with the regulations developed by the secretary under\nsection 1311(c) of the federal act and such other requirements as the\nMarketplace may establish.\n  (b) The health plan: (i) provides the essential health benefits\npackage described in state law or required by the Marketplace and\nincludes such additional benefits as are mandated by state law, except\nthat the health plan shall not be required to provide essential benefits\nthat duplicate the minimum benefits of qualified dental plans if:\n  (A) the Marketplace has determined that at least one qualified dental\nplan or dental plan approved by the department of financial services or\nthe department is available to supplement the health plan's coverage;\nand\n  (B) the insurer makes prominent disclosure at the time it offers the\nhealth plan, in a form approved by the Marketplace, that the plan does\nnot provide the full range of essential pediatric benefits, and that\nqualified dental plans or dental plans approved by the department of\nfinancial services or department of health providing those benefits and\nother dental benefits not covered by the plan are offered through the\nMarketplace;\n  (ii) provides at least a bronze level of coverage as defined by state\nlaw, unless the plan is certified as a qualified catastrophic plan, as\ndefined in section 1302(e) of the federal act and the insurance law, and\nshall only be offered to individuals eligible for catastrophic coverage;\n  (iii) has cost-sharing requirements, including deductibles, which do\nnot exceed the limits established under section 1302(c) of the federal\nact, state law and any requirements of the Marketplace;\n  (iv) complies with regulations promulgated by the secretary pursuant\nto section 1311(c) of the federal act and applicable state law, which\ninclude minimum standards in the areas of marketing practices, network\nadequacy, essential community providers in underserved areas,\naccreditation, quality improvement, uniform enrollment forms and\ndescriptions of coverage and information on quality measures for health\nbenefit plan performance;\n  * (v) meets standards specified and determined by the Marketplace,\nprovided that the standards do not conflict with or prevent the\napplication of federal requirements;\n  * NB Effective until January 1, 2028\n  * (v) meets standards specified and determined by the Marketplace,\nprovided that the standards do not conflict with or prevent the\napplication of federal requirements; and\n  * NB Effective January 1, 2028\n  * (vi) contracts with any national cancer institute-designated cancer\ncenter licensed by the department within the health plan's service area\nthat is willing to agree to provide cancer-related inpatient, outpatient\nand medical services to enrollees in all health plans offering coverage\nthrough the Marketplace in such cancer center's service area under the\nprevailing terms and conditions that the plan requires of other similar\nproviders to be included in the plan's provider network, provided that\nsuch terms shall include reimbursement of such center at no less than\nthe fee-for-service medicaid payment rate and methodology applicable to\nthe center's inpatient and outpatient services; and\n  * NB Effective until January 1, 2028\n  * (vi) complies with the insurance law and this chapter requirements\napplicable to health insurance issued in this state and any regulations\npromulgated pursuant thereto that do not conflict with or prevent the\napplication of federal requirements; and\n  * NB Effective January 1, 2028\n  * (vii) complies with the insurance law and this chapter requirements\napplicable to health insurance issued in this state and any regulations\npromulgated pursuant thereto that do not conflict with or prevent the\napplication of federal requirements; and\n  * NB Repealed January 1, 2028\n  (c) The Marketplace determines that making the health plan available\nthrough the Marketplace is in the interest of qualified individuals in\nthis state.\n  2. The Marketplace shall not exclude a health plan:\n  (a) on the basis that the health plan is a fee-for-service plan;\n  (b) through the imposition of premium price controls by the\nMarketplace; or\n  (c) on the basis that the health plan provides treatments necessary to\nprevent patients' deaths in circumstances the Marketplace determines are\ninappropriate or too costly.\n  3. The Marketplace shall require each insurer certified or seeking\ncertification of a health plan as a qualified health plan or plan\napproved for sale by the department of financial services or the\ndepartment to:\n  (a) submit a justification for any premium increase pursuant to\napplicable law prior to implementation of such increase. The insurer\nshall prominently post the information on its internet website. Such\nrate increases shall be subject to the prior approval of the\nsuperintendent pursuant to the insurance law;\n  (b)(i) make available to the public and submit to the Marketplace, the\nsecretary and the superintendent, accurate and timely disclosure of:\n  (A) claims payment policies and practices;\n  (B) periodic financial disclosures;\n  (C) data on enrollment and disenrollment;\n  (D) data on the number of claims that are denied;\n  (E) data on rating practices;\n  (F) information on cost-sharing and payments with respect to any\nout-of-network coverage;\n  (G) information on enrollee and participant rights under title I of\nthe federal act; and\n  (H) other information as determined appropriate by the secretary or\notherwise required by the Marketplace;\n  (ii) the information shall be provided in plain language, as that term\nis defined in section 1311(e)(3)(B) of the federal act and state law,\nand in guidance jointly issued thereunder by the secretary and the\nfederal secretary of labor; and\n  (c) provide to individuals, in a timely manner upon the request of the\nindividual, the amount of cost-sharing, including deductibles,\ncopayments, and coinsurance, under the individual's health plan or\ncoverage that the individual would be responsible for paying with\nrespect to the furnishing of a specific item or service by a\nparticipating provider. At a minimum, this information shall be made\navailable to the individual through an internet website and through\nother means for individuals without access to the internet.\n  4. The Marketplace shall not exempt any insurer seeking certification\nof a health plan, regardless of the type or size of the insurer, from\nlicensing or solvency requirements under the insurance law or this\nchapter, and shall apply the criteria of this section in a manner that\nensures a level playing field for insurers participating in the\nMarketplace.\n  5. (a) The provisions of this article that apply to qualified health\nplans and plans approved for sale by the department of financial\nservices and the department also shall apply to the extent relevant to\nqualified dental plans approved for sale by the department of financial\nservices or the department, except as modified in accordance with the\nprovisions of paragraphs (b) and (c) of this subdivision or otherwise\nrequired by the Marketplace.\n  (b) The qualified dental plan or dental plan approved for sale by the\ndepartment of financial services and/or the department shall be limited\nto dental and oral health benefits, without substantially duplicating\nthe benefits typically offered by health benefit plans without dental\ncoverage, and shall include, at a minimum, the essential pediatric\ndental benefits prescribed by the secretary pursuant to section\n1302(b)(1)(J) of the federal act, and such other dental benefits as the\nMarketplace or secretary may specify in regulations.\n  (c) Insurers may jointly offer a comprehensive plan through the\nMarketplace in which an insurer provides the dental benefits through a\nqualified dental plan or plan approved by the department of financial\nservices or the department and an insurer provides the other benefits\nthrough a qualified health plan, provided that the plans are priced\nseparately and also are made available for purchase separately at the\nsame price.\n
N.Y. EDN Law § 6211 — New York Code / Act EDN / Title 7 / Article 125 / Section 6211
College presidents emeriti; appointments, duties, qualifications, salary
Status: in_force

§ 6211. College presidents emeriti; appointments, duties,\nqualifications, salary.  The board of trustees shall be authorized to\nappoint, notwithstanding the provisions of any local law or charter to\nthe contrary, as president emeritus any retired president of an existing\ncollege unit or a college unit hereafter to be created other than\nteachers' training schools, whose duty it shall be to consult and advise\nwith educational officers as and when requested by the president, or\nhead of such college unit.  No person shall be eligible for such\nappointment unless he shall have been duly retired from such college\nunit.  He shall receive for the duration of his life such annual salary\nas the board of trustees or like financial authority, shall determine.\nThe salary is to be in lieu of the annual pension to which such retired\npresident would be entitled during his lifetime but is not to be\nconstrued as depriving him at the time of his retirement of the right to\nchoose an option or as depriving his estate or beneficiary of any death\nbenefit accruing to such estate or beneficiary under the law.\n
N.Y. VAT Law § 1122-A — New York Code / Act VAT / Title 7 / Article 25 / Section 1122-A
Overtaking a bicycle
Status: in_force

§ 1122-a. Overtaking a bicycle. The operator of a vehicle overtaking,\nfrom behind, a bicycle proceeding on the same side of a roadway shall\npass to the left of such bicycle at a safe distance until safely clear\nthereof.\n
N.Y. LAB Law § 604 — New York Code / Act LAB / Article 18 / Title 7-A / Section 604
Eligibility conditions
Status: in_force

§ 604. Eligibility conditions. A claimant shall be eligible for\nbenefits under this title if he or she works less than his or her normal\nhours in a week for his customary employer, and that employer has\nreduced or restricted the claimant's weekly hours of work, or has\nrehired a claimant previously laid off and reduced his or her weekly\nhours of work from those previously worked, as the result of a plan by\nthe employer to stabilize the work force by a program of sharing the\nwork remaining after a reduction in total hours of work and a\ncorresponding reduction in wages, provided the program requires not less\nthan a twenty percent nor more than a sixty percent reduction in hours\nand wages among the work force. A claimant receiving supplemental\nunemployment compensation benefits, as defined in section five hundred\none (c) (17) (D) of the internal revenue code of nineteen hundred\nfifty-four, shall not be eligible hereunder. Any employee who was\notherwise eligible for benefits under this title but was denied benefits\nduring the period beginning October first, two thousand one and ending\non December first, two thousand one because more than five percent of\nhis or her wages were derived from piece work, shall be entitled to make\na retroactive claim for such benefits provided such claim is filed\nwithin sixty days of the effective date of this sentence.\n
N.Y. PBH Law § 3388 — New York Code / Act PBH / Article 33 / Title 7 / Section 3388
Seizure and forfeiture of vehicles, vessels or aircraft unlawfully used to conceal, convey or transport controlled substances
Status: in_force

§ 3388. Seizure and forfeiture of vehicles, vessels or aircraft\nunlawfully used to conceal, convey or transport controlled substances.\n1. Except as authorized in this article, it shall be unlawful to:\n  (a) transport, carry, or convey any controlled substance in, upon, or\nby means of any vehicle, vessel or aircraft; or\n  (b) conceal or possess any controlled substance in or upon any\nvehicle, vessel or aircraft, or upon the person of anyone in or upon any\nvehicle, vessel or aircraft; or\n  (c) use any vehicle, vessel or aircraft to facilitate the\ntransportation, carriage, conveyance, concealment, receipt, possession,\npurchase, or sale of any controlled substance.\n  2. Any vehicle, vessel or aircraft which has been or is being used in\nviolation of subdivision one, except a vehicle, vessel or aircraft used\nby any person as a common carrier in the transaction of business as such\ncommon carrier shall be seized by any peace officer, acting pursuant to\nhis special duties, or police officer, and forfeited as hereinafter in\nthis section provided. A vehicle, vessel or aircraft is not subject to\nforfeiture unless used in connection with acts or conduct which would\nconstitute a felony under article 220 of the penal law.\n  3. The seized property shall be delivered by the officer having made\nthe seizure to the custody of the district attorney of the county\nwherein the seizure was made, except that in the cities of New York,\nYonkers, Rochester and Buffalo the seized property shall be delivered to\nthe custody of the police department of such cities and such property\nseized by a member or members of the state police shall be delivered to\nthe custody of the superintendent of state police, together with a\nreport of all the facts and circumstances of the seizure.\n  4. It shall be the duty of the attorney general in seizures by members\nof the state police, otherwise it shall be the duty of the district\nattorney of the county wherein the seizure is made, if elsewhere than in\nthe cities of New York, Yonkers, Rochester or Buffalo, and where the\nseizure is made in such cities it shall be the duty of the corporation\ncounsel of the city, to inquire into the facts of the seizure so\nreported to him and if it appears probable that a forfeiture has been\nincurred by reason of a violation of this section, for the determination\nof which the institution of proceedings in the supreme court is\nnecessary, to cause the proper proceedings to be commenced and\nprosecuted, not later than twenty days after written demand by a person\nclaiming ownership thereof, to declare such forfeiture, unless, upon\ninquiry and examination, such district attorney, attorney general or\ncorporation counsel decides that such proceedings cannot probably be\nsustained or that the ends of public justice do not require that they\nshould be instituted or prosecuted, in which case, the district\nattorney, the attorney general or corporation counsel shall cause such\nseized property to be returned to the owner thereof. The procedure for\nproceedings instituted under this section shall conform as much as\npossible to the procedure for attachment.\n  5. Notice of the institution of the forfeiture proceeding shall be\nserved either:\n  (a) personally on the owners of the seized property; or\n  (b) by registered mail to the owners' last known address and by\npublication of the notice once a week for two successive weeks in a\nnewspaper published or circulated in the county wherein the seizure was\nmade.\n  6. Forfeiture shall not be adjudged where the owners establish by\npreponderance of the evidence that:\n  (a) the use of such seized property, in violation of subdivision one\nof this section, was not intentional on the part of any owner; or\n  (b) said seized property was used in violation of subdivision one of\nthis section by any person other than an owner thereof, while such\nseized property was unlawfully in the possession of a person who\nacquired possession thereof in violation of the criminal laws of the\nUnited States, or of any state.\n  7. The district attorney, the superintendent of state police or the\npolice department having custody of the seized property, after such\njudicial determination of forfeiture, shall, at their discretion, either\nretain such seized property for the official use of their office,\ndivision or department, or, by a public notice of at least five days,\nsell such forfeited property at public sale; provided, however, that\nwhere such property is subject to a perfected lien such property may not\nbe retained for their official use unless all such liens on the property\nto be retained have been or will be satisfied. The net proceeds of any\nsuch sale, after deduction of the lawful expenses incurred, shall be\npaid into the general fund of the county wherein the seizure was made\nexcept that the net proceeds of the sale of property seized in the\ncities of New York, Yonkers, Rochester and Buffalo shall be paid into\nthe respective general funds of such cities, and of the sale of property\nseized by the state police into the general fund of the state.\n  8. Whenever any person interested in any property which is seized and\ndeclared forfeited under the provisions of this section files with a\njustice of the supreme court a petition for the recovery of such\nforfeited property, the justice of the supreme court may restore said\nforfeited property upon such terms and conditions as he deems reasonable\nand just, if the petitioner establishes either of the affirmative\ndefenses set forth in subdivision six of this section and that the\npetitioner was without personal or actual knowledge of the forfeiture\nproceeding.  If the petition be filed after the sale of the forfeited\nproperty, any judgment in favor of the petitioner shall be limited to\nthe net proceeds of such sale, after deduction of the lawful expenses\nand costs incurred by the district attorney, police department or\ncorporation counsel.\n  9. No suit or action under this section for wrongful seizure shall be\ninstituted unless such suit or action is commenced within two years\nafter the time when the property was seized.\n
N.Y. PBH Law § 1346 — New York Code / Act PBH / Article 13 / Title 7 / Section 1346
Hotel sanitation; bedding; sheets, towels, drinking glasses, silverware and flatware
Status: in_force

§ 1346. Hotel sanitation; bedding; sheets, towels, drinking glasses,\nsilverware and flatware. 1. Every hotel shall furnish each guest with\nclean linen or cotton individual towels in each room occupied by such\nguest, and also in the public lavatories and washrooms of such hotel,\nand with clean sheets and pillow slips for the bed, bunk, or cot to be\noccupied by such guest.\n  2. Every hotel that furnishes drinking glasses, silverware or flatware\nin individual rooms shall provide that such items are fully sanitized\nusing proper techniques as provided for by the department.\n  3. Each sheet shall be ninety-one inches long, minimum length after\nbeing hemmed and laundered, and of sufficient width to completely cover\nthe mattress and springs, and all sheets and pillow slips after being\nused by one guest must be washed, ironed and dried before being\nfurnished to another guest.\n  4. Nothing in this section shall prevent local municipalities from\nenacting stricter laws, rules or regulations.\n
N.Y. PBA Law § 1174-J — New York Code / Act PBA / Article 5 / Title 7-A / Section 1174-J
State and municipalities not liable on authority bonds
Status: in_force

§ 1174-j. State and municipalities not liable on authority bonds.\nNeither the state nor any municipality shall be liable on the bonds of\nthe authority and such bonds shall not be a debt of the state or of any\nmunicipality.\n
N.Y. LAB Law § 597 — New York Code / Act LAB / Article 18 / Title 7 / Section 597
Initial determination
Status: in_force

§ 597. Initial determination. 1. Issuance. The validity of the claim\nand the amount of benefits payable to the claimant shall be determined\nin accordance with the regulations and procedure established by the\ncommissioner and, when such determination is issued by the commissioner,\nit shall be deemed the initial determination of the claim.\n  2. Obtaining information necessary for determinations. (a) When filing\nan original claim, each claimant shall furnish to the commissioner all\ninformation which the commissioner shall require concerning his or her\nprior employment.\n  (b) Whenever a claimant's base period includes a completed calendar\nquarter for which a wage data report is not due or has not been received\nand the claimant provides information as required by the commissioner,\nthe commissioner shall determine such claimant's entitlement and benefit\nrate using the information the claimant provided for such quarter.\nHowever, in those instances where the claimant is unable to provide such\ninformation to the commissioner's satisfaction, the commissioner may\nrequest the employer to provide the amount of remuneration paid to such\nindividual. The commissioner shall notify each base period employer upon\nthe establishment of a valid original claim, of such claim. If an\nemployer provides new or corrected information in response to the\ninitial notice of monetary entitlement, adjustments to the claimant's\nbenefit rate and adjustments to the employer's experience rating account\nshall be prospective as of the date such information was received by the\ndepartment.\n  (c) Notwithstanding paragraph (b) of this subdivision, adjustments to\nthe claimant's benefit rate and adjustment to the experience rating\ncharges to the employers' accounts will be retroactive to the beginning\nof the benefit claim in the following circumstances:\n  (i) the new or corrected information results in a higher benefit rate,\nor\n  (ii) the new or corrected information results in the claimant's\nfailure to establish a valid original claim, or\n  (ii) the amount of the previously established benefit rate was based\nupon the claimant's willful false statement or representation.\n  (d) Notwithstanding any provisions of this article, unless a\ncommissioner's error is shown or the failure is the direct result of a\ndisaster emergency declared by the governor or president, an employer's\naccount shall not be relieved of charges resulting in an overpayment of\nbenefits when the commissioner determines that the overpayment was made\nbecause the employer or the agent of the employer failed to timely or\nadequately respond to a request for information in the notice of\npotential charges or other such notice requesting information in\nrelation to a claim under this article, provided, however, that the\ncommissioner shall relieve the employer of charges the first time that\nthe employer fails to provide timely or adequate information, if the\nemployer provides good cause for such failure as determined by the\ncommissioner.\n  "Timely" shall mean a response is provided in the time period\nspecified in the notice as prescribed by the commissioner.\n  The term "adequately" shall mean that the employer or its agent\nsubmitted information sufficient to render a correct determination.\n  This prohibition for relief of charges shall apply to all employers\nunder this article including employers electing payment in lieu of\ncontributions.\n  3. Limitation on review of determinations. Any determination regarding\na benefit claim may, in the absence of fraud or wilful\nmisrepresentation, be reviewed only within one year from the date it is\nissued because of new or corrected information, or, if the review is\nbased thereon, within six months from a retroactive payment of\nremuneration, provided that no decision on the merits of the case has\nbeen made upon hearing or appeal.  Such review shall be conducted and a\nnew determination issued in accordance with the provisions of this\narticle and regulations and procedure prescribed thereunder with respect\nto the adjudication and payment of claims, including the right of\nappeal.\n  4. Effect of review. Whenever a new determination in accordance with\nthe preceding subdivision or a decision by a referee, the appeal board,\nor a court results in a decrease or denial of benefits previously\nallowed, such new determination or decision, unless it shall be based\nupon a retroactive payment of remuneration, shall not affect the rights\nto any benefits already paid under the authority of the prior\ndetermination or decision provided they were accepted by the claimant in\ngood faith and the claimant did not make any false statement or\nrepresentation and did not wilfully conceal any pertinent fact in\nconnection with his or her claim for benefits.\n
N.Y. ENV Law § 33-0714 — New York Code / Act ENV / Article 33 / Title 7 / Section 33-0714
Water quality monitoring for pesticides
Status: in_force

§  33-0714. Water quality monitoring for pesticides.\n  The department, in coordination with the United States Geological\nSurvey National Water Quality Assessment Program, the New York State\nWater Resources Institute, and other parties, shall conduct a water\nquality monitoring program to provide an adequate understanding of the\nhealth and environmental impacts of pesticide use in the state. The\ndepartment shall utilize this program, as it deems necessary, in: making\npesticide registration decisions; reviewing suspensions and\ncancellations of pesticide registrations in the state; and assessing the\nstatus, trends, and health impacts of any pesticide contamination of\nground and surface waters on Long Island and throughout the state.\n
N.Y. VAT Law § 1174-A — New York Code / Act VAT / Title 7 / Article 29 / Section 1174-A
Owner liability for failure of operator to stop for a school bus displaying a red visual signal and stop-arm
Status: in_force

* § 1174-a. Owner liability for failure of operator to stop for a\nschool bus displaying a red visual signal and stop-arm. (a) 1.\nNotwithstanding any other provision of law, a county, city, town or\nvillage located within a school district ("district") is hereby\nauthorized and empowered to adopt and amend a local law or ordinance\nestablishing a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsubdivision (a) of section eleven hundred seventy-four of this article\nwhen meeting a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter and operated in such county, city, town or\nvillage, in accordance with the provisions of this section. Such\ndemonstration program shall empower such county, city, town or village\nto install and operate school bus photo violation monitoring systems\nwhich may be stationary or mobile, and which may be installed, pursuant\nto an agreement with a school district within such county, city, town or\nvillage, on school buses owned and operated by such school district or\nprivately owned and operated for compensation under contract with such\ndistrict. Provided, however, that (a) no stationary school bus photo\nviolation monitoring system shall be installed or operated by a county,\ncity, town or village except on roadways under the jurisdiction of such\ncounty, city, town or village, and (b) no mobile school bus photo\nviolation monitoring system shall be installed or operated on any such\nschool buses unless such county, city, town or village and such district\nenter into an agreement for such installation and operation.\n  1-a. Any county, city, town or village, located within a school\ndistrict, that has adopted a local law or ordinance pursuant to this\nsection establishing a demonstration program imposing liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsubdivision (a) of section eleven hundred seventy-four of this article\nwhen meeting a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter and operated in such county, city, town or\nvillage may enter into an agreement with the applicable school district\nfor the installation, maintenance and use of school bus photo violation\nmonitoring systems on school buses pursuant to this section and section\ntwenty-two of the chapter of the laws of two thousand nineteen which\nadded this section, for the proper handling and custody of photographs,\nmicrophotographs, videotapes, other recorded images and data produced by\nsuch systems, and for the forwarding of such photographs,\nmicrophotographs, videotapes, other recorded images and data to the\napplicable county, city, town or village. Any agreement entered into\nhereunder shall be approved by each participating county, city, town or\nvillage by a majority vote of the voting strength of its governing body\nand by resolution of the district pursuant to section sixteen hundred\nfour, section seventeen hundred nine, section twenty-five hundred three,\nsection twenty-five hundred fifty-four or section twenty-five hundred\nninety-h of the education law, as applicable. Provided, however, that\nwhere a district has entered an agreement as provided hereunder with a\ncounty, no cities, towns or villages within the same county may enter\ninto, or be a party to, any agreement with such district pursuant to\nthis section. Provided further, however, that no county shall enter an\nagreement with any city school district wholly contained within a city.\nNothing in this section shall be construed to prevent a county, city,\ntown, village or district at any time to withdraw from or terminate an\nagreement entered pursuant to this section and section twenty-two of\nchapter one hundred forty-five of the laws of two thousand nineteen\nwhich added this section.\n  1-b. The total cost to the district of the installation, maintenance\nand use of school bus photo violation monitoring systems pursuant to\nthis section shall be borne entirely by the county, city, town or\nvillage within the district which is a party to such agreement. On or\nbefore September first of each year, the district shall determine and\ncertify to each county, city, town or village with which it has entered\ninto an agreement pursuant to this section the total cost to the\ndistrict for the school year ending the preceding June thirtieth of\ninstalling, maintaining and using such systems within each such county,\ncity, town or village, respectively, for the proper handling and custody\nof photographs, microphotographs, videotapes, other recorded images and\ndata produced by such systems, and for the forwarding of such\nphotographs, microphotographs, videotapes, other recorded images and\ndata to the applicable county, city, town or village. On or before the\nfollowing December first of each year, each such county, city, town or\nvillage shall pay to the district such cost so certified to it on or\nbefore the preceding September first. Not later than twenty days after\neach such payment is submitted or is due, whichever occurs first, the\ndistrict shall submit to the director of the budget and the chairpersons\nof the fiscal committees of the legislature a report for each such\ncounty, city, town and village showing the amount of costs so certified\nand the amount of payments so received or due. If a county, city, town\nor village fails to make the payment required to the district by the\ntwentieth day after the date such payment was due, (i) the district\nshall notify the director of the budget and the chairpersons of the\nfiscal committees of the legislature of such occurrence within\ntwenty-four hours of such day; and (ii) the demonstration program shall\nbe suspended within such county, city, town, or village until such time\nas such county, city, town, or village makes the payment required to the\ndistrict. The district shall notify the director of the budget and the\nchairpersons of the fiscal committees of the legislature of such payment\nwithin seven business days of its receipt. Provided, however, that any\nnotice of liability issued prior to such date shall not be voided.\n  2. Any image or images captured by school bus photo violation\nmonitoring systems shall be inadmissible in any disciplinary proceeding\nconvened by any school district or any school bus contractor thereof,\nand any proceeding initiated by the department involving licensure\nprivileges of school bus operators. Any school bus photo violation\nmonitoring device mounted on a school bus shall be directed outwardly\nfrom such school bus to capture images of vehicles operated in violation\nof subdivision (a) of section eleven hundred seventy-four of this\narticle, and images produced by such device shall not be used for any\nother purpose.\n  3. (i) Any participating school district shall be prohibited from\naccessing any photographs, microphotographs, videotapes, other recorded\nimages or data from school bus photo violation monitoring systems but\nshall provide, pursuant to an agreement with a county, city, town or\nvillage as provided in this section, for the proper handling and custody\nof such photographs, microphotographs, videotapes, other recorded images\nand data produced by such systems, and for the forwarding of such\nphotographs, microphotographs, videotapes, other recorded images and\ndata to the applicable county, city, town or village for the purpose of\ndetermining whether a motor vehicle was operated in violation of\nsubdivision (a) of section eleven hundred seventy-four of this title and\nimposing monetary liability on the owner of such motor vehicle therefor.\n  (ii) Photographs, microphotographs, videotapes, other recorded images\nand data produced by school bus photo violation monitoring systems shall\nbe destroyed (A) ninety days after the date of the alleged imposition of\nliability if a notice of liability is not issued for such alleged\nimposition of liability pursuant to this section or (B) upon final\ndisposition of a notice of liability issued pursuant to this section.\n  4. A county, city, town or village establishing a demonstration\nprogram pursuant to this section shall adopt and enforce measures to\nprotect the privacy of drivers, passengers, pedestrians and cyclists\nwhose identity and identifying information may be captured by a school\nbus photo violation monitoring device. Such measures shall include:\n  (i) utilization of necessary technologies to ensure, to the extent\npracticable, that photographs produced by such school bus photo\nviolation monitoring systems shall not include images that identify the\ndriver, the passengers, the contents of the vehicle, pedestrians and\ncyclists. Provided, however, that no notice of liability issued pursuant\nto this section shall be dismissed solely because a photograph or\nphotographs allow for the identification of the contents of a vehicle,\nprovided that such county, city, town or village has made a reasonable\neffort to comply with the provisions of this paragraph;\n  (ii) a prohibition on the use or dissemination of vehicles' license\nplate information and other information and images captured by school\nbus photo violation monitoring systems except: (A) as required to\nestablish liability under this section or collect payment of penalties;\n(B) as required by court order; or (C) as otherwise required by law;\n  (iii) the installation of signage in conformance with standards\nestablished in the MUTCD at each roadway entrance of the jurisdictional\nboundaries of such county, city, town or village giving notice that\nschool bus photo violation monitoring systems are used to enforce\nrestrictions on vehicles violating subdivision (a) of section eleven\nhundred seventy-four of this article. For the purposes of this\nparagraph, the term "roadway" shall not include state expressway routes\nor state interstate routes but shall include controlled-access highway\nexit ramps that enter the jurisdictional boundaries of a county, city,\ntown or village; and\n  (iv) oversight procedures to ensure compliance with the aforementioned\nprivacy protection measures.\n  (b) In any such county, city, town or village which has adopted a\nlocal law or ordinance pursuant to subdivision (a) of this section, the\nowner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section if such vehicle was used or operated with the permission of\nthe owner, express or implied, in violation of subdivision (a) of\nsection eleven hundred seventy-four of this article, and such violation\nis evidenced by information obtained from a school bus photo violation\nmonitoring system; provided however that no owner of a vehicle shall be\nliable for a penalty imposed pursuant to this section where the operator\nof such vehicle has been convicted of the underlying violation of\nsubdivision (a) of section eleven hundred seventy-four of this article.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings: "county" shall have the meaning provided in section\nthree of the county law, except that such term shall not include any\ncounty wholly contained within a city; "manual on uniform traffic\ncontrol devices" or "MUTCD" shall mean the manual and specifications for\na uniform system of traffic control devices maintained by the\ncommissioner of transportation pursuant to section sixteen hundred\neighty of this chapter; "owner" shall have the meaning provided in\narticle two-B of this chapter; and "school bus photo violation\nmonitoring system" shall mean a device that is capable of operating\nindependently of an enforcement officer which is installed to work in\nconjunction with a school bus stop-arm and which automatically produces\ntwo or more photographs, two or more microphotographs, a videotape or\nother recorded images of a vehicle at the time it is used or operated in\nviolation of subdivision (a) of section eleven hundred seventy-four of\nthis article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe county, city, town or village in which the charged violation\noccurred, or a facsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\nschool bus photo violation monitoring system, and other documents or\ndeclarations pertaining to inspections by the department of\ntransportation, shall be prima facie evidence of the facts contained\ntherein. Such certificate, or a facsimile thereof, shall provide the\nidentification number of the school bus photo violation monitoring\nsystem which recorded the violation, a statement confirming that at the\ntime such violation was recorded by such school bus photo violation\nmonitoring system, such school bus photo violation monitoring system was\ninstalled on a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter as evidenced by a valid certificate of\ninspection issued to such school bus by the department of transportation\npursuant to section one hundred forty of the transportation law and the\nsafety rules and regulations promulgated thereunder, and the\nregistration number of the school bus to which such school bus photo\nviolation monitoring system was attached. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall include a recorded image of the outside of the motor\nvehicle involved in such violation, the registration number of such\nvehicle, at least one activated school bus stop-arm, and an electronic\nindicator or indicators showing the activation of the flashing red\nsignal lamps of the school bus to which the school bus photo violation\nmonitoring system producing such photographs, microphotographs,\nvideotape or other recorded images was installed at the time such\nviolation occurred, and shall be available for inspection in any\nproceeding to adjudicate the liability for such violation pursuant to a\nlocal law or ordinance adopted pursuant to this section. Where recorded\nimages from a school bus photo violation monitoring system attached to a\nschool bus, as certified pursuant to this subdivision, show the\nactivation of at least one school bus stop-arm and an electronic\nindicator or indicators as required pursuant to this subdivision, there\nshall be a rebuttable presumption that such school bus was stopped for\nthe purpose of receiving or discharging any passengers or because a\nschool bus in front of it had stopped to receive or discharge any\npassengers. A certificate, sworn to or affirmed by a technician employed\nby the county, city, town or village in which the charged violation\noccurred, or a facsimile thereof, after reviewing evidence that on the\nday the charged violation occurred such school bus had a valid\ncertificate of inspection issued by the department of transportation\npursuant to section one hundred forty of the transportation law and the\nsafety rules and regulations promulgated thereunder, shall be prima\nfacie evidence that such school bus was marked and equipped as provided\nin subdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter and the flashing red signal lamp of such\nschool bus was in operation at the time the violation occurred.\n  (e) An owner liable for a violation of subdivision (a) of section\neleven hundred seventy-four of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if a city by local law\nhas authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such parking\nviolations bureau and except if a county, city, village, or town has\nauthorized the adjudication of such owner liability by a traffic camera\nviolations bureau, such schedule shall be promulgated by such traffic\ncamera violations bureau. The liability of the owner pursuant to this\nsection shall be two hundred fifty dollars for a first violation, two\nhundred seventy-five dollars for a second violation both of which were\ncommitted within a period of eighteen months, and three hundred dollars\nfor a third or subsequent violation all of which were committed within a\nperiod of eighteen months; provided, however, that such local law or\nordinance may provide for an additional penalty not in excess of\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(a) of section eleven hundred seventy-four of this article pursuant to\nthis section. Personal delivery on the owner shall not be required. A\nmanual or 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(a) of section eleven hundred seventy-four of this article pursuant to\nthis section, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation, the identification number of the school bus\nphoto violation monitoring system which recorded the violation or other\ndocument locator number, and the registration number of the school bus\non which the school bus photo violation monitoring system which recorded\nthe violation was installed.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the county,\ncity, town or village in which the violation occurred, or by any other\nentity authorized by such county, city, town or village to prepare and\nmail 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 where the violation\noccurred or, if there be none, by the court having jurisdiction over\ntraffic infractions where the violation occurred, except that if a city\nhas established an administrative tribunal to hear and determine\ncomplaints of traffic infractions constituting parking, standing or\nstopping violations such city may, by local law, authorize such\nadjudication by such tribunal, and except that if a county, city,\nvillage, or town has established a traffic camera violations bureau to\nhear and determine the liability imposed upon owners by this section,\nadjudication of such liability shall be by such traffic camera\nviolations bureau.\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 as having been stolen, it shall be a valid defense to an\nallegation of liability for a violation of subdivision (a) of section\neleven hundred seventy-four of this article pursuant to this section\nthat the vehicle had been reported to the police as stolen prior to the\ntime the violation occurred and had not been recovered by such time. For\npurposes of asserting the defense provided by this subdivision it shall\nbe sufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau,\ncourt having jurisdiction, parking violations bureau, or traffic camera\nviolations bureau.\n  (j) 1. In such county, city, town or village where the adjudication of\nliability imposed upon owners pursuant to this section is by a traffic\nviolations bureau, a court having jurisdiction, or a traffic camera\nviolations bureau an owner who is a lessor of a vehicle to which a\nnotice of liability was issued pursuant to subdivision (g) of this\nsection shall not be liable for the violation of subdivision (a) of\nsection eleven hundred seventy-four of this article, provided that such\nlessor sends to the traffic violations bureau, court having jurisdiction\nor traffic camera violations bureau a copy of the rental, lease or other\nsuch contract document covering such vehicle on the date of the\nviolation, with the name and address of the lessee clearly legible,\nwithin thirty-seven days after receiving notice from the bureau, court\nor traffic camera violations bureau of the date and time of such\nviolation, together with the other information contained in the original\nnotice of liability. Failure to send such information within such\nthirty-seven day time period shall render the owner liable for the\npenalty prescribed by this section. Where the lessor complies with the\nprovisions of this paragraph, the lessee of such vehicle on the date of\nsuch violation shall be deemed to be the owner of such vehicle for\npurposes of this section, shall be subject to liability for the\nviolation of subdivision (a) of section eleven hundred seventy-four of\nthis article pursuant to this section and shall be sent a notice of\nliability pursuant to subdivision (g) of this section.\n  2. (i) In a city which, by local law, has authorized the adjudication\nof liability imposed upon owners by this section by a parking violations\nbureau, 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 (a) of section eleven\nhundred seventy-four of this article, provided that:\n  (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  (ii) Failure to comply with clause (B) of subparagraph (i) of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n  (iii) Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n  (k) 1. If the owner liable for a violation of subdivision (a) of\nsection eleven hundred seventy-four 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 failed to\ncomply with subdivision (a) of section eleven hundred seventy-four of\nthis article. For purposes of this subdivision there shall be a\npresumption that the operator of such vehicle was operating such vehicle\nwith the consent of the owner at the time such operator failed to comply\nwith subdivision (a) of section eleven hundred seventy-four of this\narticle.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (a) of\nsection eleven hundred seventy-four of this article.\n  (m) In any such county, city, town or village which adopts a\ndemonstration program pursuant to subdivision (a) of this section, such\ncounty, city, town or village shall submit an annual report on the\nresults of the use of a school bus photo violation monitoring system to\nthe governor, the temporary president of the senate and the speaker of\nthe assembly on or before June first, two thousand nineteen and on the\nsame date in each succeeding year in which the demonstration program is\noperable. Such report shall include, but not be limited to:\n  1. the number of buses and a description of the routes where\nstationary and mobile school bus photo violation monitoring systems were\nused;\n  2. the aggregate number, type and severity of accidents reported at\nlocations where a school bus photo violation monitoring system is used\nfor the year preceding the installation of such system, to the extent\nthe information is maintained by the department of motor vehicles of\nthis state;\n  3. the aggregate number, type and severity of accidents reported at\nlocations where a school bus photo violation monitoring system is used,\nto the extent the information is maintained by the department of motor\nvehicles of this state;\n  4. the number of violations recorded at each location where a school\nbus photo violation monitoring system is used and in the aggregate on a\ndaily, weekly and monthly basis;\n  4-a. the number of convictions for violations of subdivision (a) of\nsection eleven hundred seventy-four of this article recorded at each\nlocation where a school bus photo violation monitoring system is used on\nan annual basis, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  5. the total number of notices of liability issued for violations\nrecorded by such systems;\n  6. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems;\n  7. the number of violations adjudicated and results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems which shall be provided at least annually to\nsuch county, city, town or village by the respective courts, bureaus and\nagencies conducting such adjudications;\n  8. the total amount of revenue realized by such county, city, town or\nvillage from such adjudications;\n  9. the expenses incurred by such county, city, town or village in\nconnection with the program;\n  10. the quality of the adjudication process and its results including\nthe total number of hearings scheduled, re-scheduled, and held; the\ntotal number of persons scheduled for such hearings; the total number of\ncases where fines were paid on or before the hearing date; and the total\nnumber of default judgments entered. Such information shall be provided\nat least annually to such county, city, town or village by the\nrespective courts, bureaus and agencies conducting such adjudications;\nand\n  11. a description of public education activities conducted to warn\nmotorists of the dangers of overtaking and passing stopped school buses.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (a) of section eleven hundred seventy-four of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such school bus stop-arms were malfunctioning at the time of the\nalleged violation.\n  * NB Repealed December 1, 2029\n
N.Y. BNK Law § 7006 — New York Code / Act BNK / Article 15 / Title 7 / Section 7006
Removal of directors
Status: in_force

§ 7006. Removal of directors. 1. Any or all of the directors may be\nremoved for cause by vote of the stockholders. The organization\ncertificate or the specific provisions of a by-law adopted by the\nstockholders may provide for such removal by action of the board, except\nin the case of any director elected by cumulative voting, or by the\nholders of the shares of any class or series, voting as a class, when so\nentitled by the provisions of the organization certificate.\n  2. If the organization certificate or the by-laws so provide, any or\nall of the directors may be removed without cause by vote of the\nstockholders.\n  3. The removal of directors, with or without cause, as provided in\nsubdivisions one and two, is subject to the following:\n  (a) In the case of a corporation having cumulative voting, no director\nmay be removed when the votes cast against his removal would be\nsufficient to elect him if voted cumulatively at an election at which\nthe same total number of votes were cast and the entire board, or the\nentire class of directors of which he is a member, were then being\nelected; and\n  (b) When by the provisions of the organization certificate the holders\nof the shares of any class or series, voting as a class, are entitled to\nelect one or more directors, any director so elected may be removed only\nby the applicable vote of the holders of the shares of that class or\nseries, voting as a class.\n  4. This section does not affect the powers of the superintendent under\nsection forty-one of this chapter.\n