N.Y. VAT Law § 502 — New York Code / Act VAT / Title 5 / Article 19 / Section 502
Requirements for licensing
Status: in_force

§ 502. Requirements for licensing.  * 1. Application for license.\nApplication for a driver's license shall be made to the commissioner.\nThe fee prescribed by law may be submitted with such application. The\napplicant shall furnish such proof of identity, age, and fitness as may\nbe required by the commissioner. With respect to a non-commercial\ndriver's license or learner's permit which does not meet federal\nstandards for identification, in addition to the acceptable proofs of\nage and identity approved by the commissioner as of January first, two\nthousand nineteen, acceptable proof of identity shall also include, but\nnot be limited to, a valid, unexpired foreign passport issued by the\napplicant's country of citizenship (which shall also be eligible as\nproof of age), a valid, unexpired consular identification document\nissued by a consulate from the applicant's country of citizenship, or a\nvalid foreign driver's license that includes a photo image of the\napplicant and which is unexpired or expired for less than twenty-four\nmonths of its date of expiration, as primary forms of such proof.\nNothing contained in this subdivision shall be deemed to preclude the\ncommissioner from approving additional proofs of identity and age.  The\nlicense shall display the sex designation of M, F, or X as certified by\nthe applicant, with no additional documentation required. The applicant\nmay amend the sex designation of their driver's license upon request.\nUpon amendment of the sex designation, the change shall be made\nconsistent through all affiliated records within the control of the\ndepartment. The commissioner may also provide that the application\nprocedure shall include the taking of a photo image or images of the\napplicant in accordance with rules and regulations prescribed by the\ncommissioner. In addition, the commissioner also shall require that the\napplicant provide such applicant's social security number or, in lieu\nthereof, with respect to an application for a non-commercial driver's\nlicense or learner's permit which does not meet federal standards for\nidentification, an affidavit signed by such applicant that they have not\nbeen issued a social security number. The commissioner also shall\nprovide space on the application so that the applicant may request a\nnotation upon such license that such applicant is a veteran of the\nUnited States armed forces, and space on the application so that the\napplicant may request a notation upon such license that he or she is a\nveteran of the United States armed forces, and space on the application\nso that the applicant may register in the New York state organ and\ntissue donor registry under section forty-three hundred ten of the\npublic health law with the following stated on the application in clear\nand conspicuous type:\n  "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n  The commissioner of health shall not maintain records of any person\nwho checks "skip this question". Except where the application is made in\nperson or electronically, failure to check a box shall not impair the\nvalidity of an application, and failure to check "yes" or checking "skip\nthis question" shall not be construed to imply a wish not to donate. In\nthe case of an applicant under eighteen years of age, checking "yes"\nshall not constitute consent to make an anatomical gift or registration\nin the donate life registry, except as otherwise provided pursuant to\nthe provisions of paragraph (b) of subdivision one of section\nforty-three hundred one of the public health law. Where an applicant has\npreviously consented to make an anatomical gift or registered in the\ndonate life registry, checking "skip this question" or failing to check\na box shall not impair that consent or registration. In addition, an\napplicant for a commercial driver's license who will operate a\ncommercial motor vehicle in interstate commerce shall certify that such\napplicant meets the requirements to operate a commercial motor vehicle,\nas set forth in public law 99-570, title XII, and title 49 of the code\nof federal regulations, and all regulations promulgated by the United\nStates secretary of transportation under the hazardous materials\ntransportation act. In addition, an applicant for a commercial driver's\nlicense shall submit a medical certificate at such intervals as required\nby the federal motor carrier safety improvement act of 1999 and Part\n383.71(h) of title 49 of the code of federal regulations relating to\nmedical certification and in a manner prescribed by the commissioner.\nFor purposes of this section and sections five hundred three, five\nhundred ten-a, and five hundred ten-aa of this title, the terms "medical\ncertificate" and "medical certification" shall mean a form substantially\nin compliance with the form set forth in Part 391.43(h) of title 49 of\nthe code of federal regulations. Upon a determination that the holder of\na commercial driver's license has made any false statement, with respect\nto the application for such license, the commissioner shall revoke such\nlicense.\n  * NB Effective until January 1, 2028\n  * 1. Application for license. Application for a driver's license shall\nbe made to the commissioner. The fee prescribed by law may be submitted\nwith such application. The applicant shall furnish such proof of\nidentity, age, and fitness as may be required by the commissioner. With\nrespect to a non-commercial driver's license or learner's permit which\ndoes not meet federal standards for identification, in addition to the\nacceptable proofs of age and identity approved by the commissioner as of\nJanuary first, two thousand nineteen, acceptable proof of identity shall\nalso include, but not be limited to, a valid, unexpired foreign passport\nissued by the applicant's country of citizenship (which shall also be\neligible as proof of age), a valid, unexpired consular identification\ndocument issued by a consulate from the applicant's country of\ncitizenship, or a valid foreign driver's license that includes a photo\nimage of the applicant and which is unexpired or expired for less than\ntwenty-four months of its date of expiration, as primary forms of such\nproof. Nothing contained in this subdivision shall be deemed to preclude\nthe commissioner from approving additional proofs of identity and age.\nThe license shall display the sex designation of M, F, or X as certified\nby the applicant, with no additional documentation required. The\napplicant may amend the sex designation of their driver's license upon\nrequest. Upon amendment of the sex designation, the change shall be made\nconsistent through all affiliated records within the control of the\ndepartment. The commissioner may also provide that the application\nprocedure shall include the taking of a photo image or images of the\napplicant in accordance with rules and regulations prescribed by the\ncommissioner. In addition, the commissioner also shall require that the\napplicant provide such applicant's social security number or, in lieu\nthereof, with respect to an application for a non-commercial driver's\nlicense or learner's permit which does not meet federal standards for\nidentification, an affidavit signed by such applicant that they have not\nbeen issued a social security number. The commissioner also shall\nprovide space on the application so that the applicant may request a\nnotation upon such license that such applicant is a veteran of the\nUnited States armed forces, and space on the application so that the\napplicant may request a notation upon such license that such person is a\nveteran of the United States armed forces, and space on the application\nso that the applicant may register in the New York state organ and\ntissue donor registry under section forty-three hundred ten of the\npublic health law with the following stated on the application in clear\nand conspicuous type:\n  "You must fill out the following section: Would you like to be added\nto the Donate Life Registry? Check box for 'yes' or 'skip this\nquestion'."\n  The commissioner of health shall not maintain records of any person\nwho checks "skip this question". Except where the application is made in\nperson or electronically, failure to check a box shall not impair the\nvalidity of an application, and failure to check "yes" or checking "skip\nthis question" shall not be construed to imply a wish not to donate. In\nthe case of an applicant under eighteen years of age, checking "yes"\nshall not constitute consent to make an anatomical gift or registration\nin the donate life registry, except as otherwise provided pursuant to\nthe provisions of paragraph (b) of subdivision one of section\nforty-three hundred one of the public health law. Where an applicant has\npreviously consented to make an anatomical gift or registered in the\ndonate life registry, checking "skip this question" or failing to check\na box shall not impair that consent or registration. Additionally, the\ncommissioner shall ensure that space is provided on the application for\na driver's license or renewal thereof to advise applicants of the\nexistence of the C.W. Bill Young Cell Transplantation Program\nestablished in 42 U.S.C. Section 274k or the national marrow donor\nprogram ("registry operator") and to allow for applicants to consent to\nsharing their information with the registry operator for the purposes of\nreceiving information from the registry operator about enrolling as a\npotential volunteer bone marrow or blood cell donor on the national\nregistry. Such information related to the consenting applicant shared\nwith the registry operator shall be limited to first and last name, date\nof birth, email address, and physical address. In addition, an applicant\nfor a commercial driver's license who will operate a commercial motor\nvehicle in interstate commerce shall certify that such applicant meets\nthe requirements to operate a commercial motor vehicle, as set forth in\npublic law 99-570, title XII, and title 49 of the code of federal\nregulations, and all regulations promulgated by the United States\nsecretary of transportation under the hazardous materials transportation\nact. In addition, an applicant for a commercial driver's license shall\nsubmit a medical certificate at such intervals as required by the\nfederal motor carrier safety improvement act of 1999 and Part 383.71(h)\nof title 49 of the code of federal regulations relating to medical\ncertification and in a manner prescribed by the commissioner. For\npurposes of this section and sections five hundred three, five hundred\nten-a, and five hundred ten-aa of this title, the terms "medical\ncertificate" and "medical certification" shall mean a form substantially\nin compliance with the form set forth in Part 391.43(h) of title 49 of\nthe code of federal regulations. Upon a determination that the holder of\na commercial driver's license has made any false statement, with respect\nto the application for such license, the commissioner shall revoke such\nlicense.\n  * NB Effective January 1, 2028\n  2. Age.  * (a) An applicant for a commercial driver's license which\ncontains an H or an X endorsement or which is valid for operation in\ninterstate commerce shall be at least twenty-one years of age.\n  * NB Repealed upon certain conditions (see chapter 618 of 2021 § 4)\n  * (a) An applicant for a class A license or for a commercial driver's\nlicense which contains an H or an X endorsement or which is valid for\noperation in interstate commerce shall be at least twenty-one years of\nage.\n  * NB Effective if amendments made by chapter 618 of 2021 are repealed\n  * (b) Except as provided in paragraph (a) of this subdivision an\napplicant for a class A, B, C or E license shall be at least eighteen\nyears of age.\n  * NB Repealed upon certain conditions (see chapter 618 of 2021 § 4)\n  * (b) Except as provided in paragraph (a) of this subdivision an\napplicant for a class B, C or E license shall be at least eighteen years\nof age.\n  * NB Effective if amendments made by chapter 618 of 2021 are repealed\n  (c) An applicant for a class D or M license shall be at least eighteen\nyears of age, except that an application shall be accepted if the\napplicant is at least seventeen years of age and submits acceptable\nproof of successful completion of a driver education course, approved by\nthe state education department and the commissioner, and proof of\ncompletion of the minimum hours of supervised driving as required in\nparagraph (d) of this subdivision.\n  * (d) An applicant for a class DJ or MJ license shall be at least\nsixteen years of age and such applicant must submit written consent to\nthe issuance of such license by the applicant's parent or guardian. Upon\nreceipt of withdrawal of such consent, any class DJ or MJ license,\nlearner's permit or license application shall be cancelled. No class DJ\nor MJ license shall be issued unless the applicant presents, at the time\nof the road test administered pursuant to paragraph (b) of subdivision\nfour of this section, a written certification by the applicant's parent\nor guardian: (i) that such applicant has operated a motor vehicle for no\nless than fifty hours, at least fifteen hours of which shall be after\nsunset, under the immediate supervision of a person as authorized\npursuant to subparagraph (ii) of paragraph (a) or paragraph (b) of\nsubdivision five of section five hundred one of this article, a driver\neducation teacher pursuant to section eight hundred six-a of the\neducation law or a driving school instructor pursuant to subdivision\nseven-a of section three hundred ninety-four of this chapter; and (ii)\nif such applicant completed an internet delivered pre-licensing course\napproved by the commissioner pursuant to article twelve-d of this\nchapter, that such applicant participated throughout such course.\n  * NB Effective until June 30, 2030\n  * (d) An applicant for a class DJ or MJ license shall be at least\nsixteen years of age and such applicant must submit written consent to\nthe issuance of such license by the applicant's parent or guardian. Upon\nreceipt of withdrawal of such consent, any class DJ or MJ license,\nlearner's permit or license application shall be cancelled. No class DJ\nor MJ license shall be issued unless the applicant presents, at the time\nof the road test administered pursuant to paragraph (b) of subdivision\nfour of this section, a written certification by the applicant's parent\nor guardian that such applicant has operated a motor vehicle for no less\nthan fifty hours, at least fifteen hours of which shall be after sunset,\nunder the immediate supervision of a person as authorized pursuant to\nsubparagraph (ii) of paragraph (a) or paragraph (b) of subdivision five\nof section five hundred one of this article, a driver education teacher\npursuant to section eight hundred six-a of the education law or a\ndriving school instructor pursuant to subdivision seven-a of section\nthree hundred ninety-four of this chapter.\n  * NB Effective June 30, 2030\n  3. Application for learner's permit. An application for a learner's\npermit shall be included in the application for a license. A learner's\npermit shall be issued in such form as the commissioner shall determine\nbut shall not be issued unless the applicant has successfully passed the\nvision test required by this section and the test set forth in paragraph\n(a) of subdivision four of this section with respect to laws relating to\ntraffic and ability to read and comprehend traffic signs and symbols and\nhas satisfactorily completed any course required pursuant to paragraph\n(a) of subdivision four of this section. Upon acceptance of an\napplication for a learner's permit the commissioner shall provide the\napplicant with a driver's manual which includes but is not limited to\nthe laws relating to traffic, the laws relating to and physiological\neffects of driving while ability impaired and driving while intoxicated,\nthe law for exercising due care to avoid colliding with a parked,\nstopped or standing vehicle pursuant to section eleven hundred\nforty-four-a of this chapter, explanations of traffic signs and symbols\nand such other matters as the commissioner may prescribe.\n  4. Examinations. (a) (i) Upon submission of an application for a\ndriver's license, the applicant shall be required to take and pass a\ntest, or submit evidence of passage of a test, with respect to the laws\nrelating to traffic, the laws relating to driving while ability is\nimpaired and while intoxicated, under the overpowering influence of\n"Road Rage", "Work Zone Safety" awareness, "Motorcycle Safety" awareness\nand "Pedestrian and Bicyclist Safety" awareness as defined by the\ncommissioner, "School Bus Safety" awareness, the law relating to\nexercising due care to avoid colliding with a parked, stopped or\nstanding authorized emergency vehicle or hazard vehicle pursuant to\nsection eleven hundred forty-four-a of this chapter, the ability to read\nand comprehend traffic signs and symbols and such other matters as the\ncommissioner may prescribe, and to satisfactorily complete a course\nprescribed by the commissioner of not less than four hours and not more\nthan five hours, consisting of classroom driver training and highway\nsafety instruction or the equivalent thereof. Such test shall include at\nleast seven written questions concerning the effects of consumption of\nalcohol or drugs on the ability of a person to operate a motor vehicle\nand the legal and financial consequences resulting from violations of\nsection eleven hundred ninety-two of this chapter, prohibiting the\noperation of a motor vehicle while under the influence of alcohol or\ndrugs. Such test shall include one or more written questions concerning\nthe devastating effects of "Road Rage" on the ability of a person to\noperate a motor vehicle and the legal and financial consequences\nresulting from assaulting, threatening or interfering with the lawful\nconduct of another person legally using the roadway. Such test shall\ninclude one or more questions concerning the potential dangers to\npersons and equipment resulting from the unsafe operation of a motor\nvehicle in a work zone.  Such test may include one or more questions\nconcerning motorcycle safety. Such test may include one or more\nquestions concerning the law for exercising due care to avoid colliding\nwith a parked, stopped or standing vehicle pursuant to section eleven\nhundred forty-four-a of this chapter. Such test may include one or more\nquestions concerning school bus safety. Such test may include one or\nmore questions concerning pedestrian and bicyclist safety. Such test\nshall be administered by the commissioner. The commissioner shall cause\nthe applicant to take a vision test and a test for color blindness. Upon\npassage of the vision test, the application may be accepted and the\napplication fee shall be payable.\n  (ii) The commissioner shall promulgate rules and regulations\nestablishing eligibility standards for the taking and passing of\nknowledge tests in other than written form.\n  (b) Upon successful completion of the requirements set forth in\nparagraph (a) of this subdivision which shall include an alcohol and\ndrug education component as described in paragraph (c) of this\nsubdivision, a "Road Rage" awareness component as described in paragraph\n(c-1) of this subdivision, a "Work Zone Safety" awareness component as\ndescribed in paragraph (c-2) of this subdivision, a "Motorcycle Safety"\nawareness component as described in paragraph (c-3) of this subdivision,\na "School Bus Safety" awareness component as described in paragraph\n(c-4) of this subdivision, and a "Pedestrian and Bicyclist Safety"\nawareness component as described in paragraph (c-5) of this subdivision,\nthe commissioner shall cause the applicant to take a road test in a\nrepresentative vehicle of a type prescribed by the commissioner which\nshall be appropriate to the type of license for which application is\nmade, except that the commissioner may waive the road test requirements\nfor certain classes of applicants. Provided, however, that the term\n"representative vehicle" shall not include a three-wheeled motor vehicle\nthat has two wheels situated in the front and one wheel in the rear, has\na steering mechanism and seating which does not require the operator to\nstraddle or sit astride, is equipped with safety belts for all occupants\nand is manufactured to comply with federal motor vehicle safety\nstandards for motorcycles including, but not limited to, 49 C.F.R. part\n571. The commissioner shall have the power to establish a program to\nallow persons other than employees of the department to conduct road\ntests in representative vehicles when such tests are required for\napplicants to obtain a class A, B or C license. If she chooses to do so,\nshe shall set forth her reasons in writing and conduct a public hearing\non the matter. She shall only establish such a program after holding the\npublic hearing.\n  (c) Alcohol and drug education component. The commissioner shall\nprovide in the pre-licensing course, set forth in paragraph (b) of this\nsubdivision a mandatory component in alcohol and drug education of not\nless than two hours as a prerequisite for obtaining a license to operate\na motor vehicle. The purpose of the component is to educate prospective\nlicensees on the effects that ingestion of alcohol and other drugs have\non a person's ability to operate a motor vehicle. The commissioner shall\nestablish a curriculum for the alcohol and drug education component\nwhich shall include but not be limited to: instruction describing the\nhazards of driving while impaired or intoxicated; the penalties for\nalcohol related motor vehicle violations including sanctions set forth\nin the penal law that apply to homicides and assaults arising out of the\noperation of a motor vehicle while intoxicated and those sanctions set\nforth in the vehicle and traffic law relating to driving while\nintoxicated; and the medical, biological and physiological effects of\nthe consumption of alcohol and their impact on the operation of a motor\nvehicle.\n  (c-1) "Road Rage" awareness component. The commissioner shall provide\nin the pre-licensing course, set forth in paragraph (b) of this\nsubdivision a mandatory component in "Road Rage" awareness education as\na prerequisite for obtaining a license to operate a motor vehicle. The\npurpose of the component is to educate prospective licensees on the\neffects that the development and expression of "Road Rage", as defined\nby the commissioner, have on a person's ability to operate a motor\nvehicle. The commissioner shall establish a curriculum for the "Road\nRage" component which shall include but not be limited to: instruction\ndescribing the hazards of driving and exiting the vehicle while under\nthe influence of "Road Rage"; the penalties for "Road Rage"-related\nmotor vehicle or other violations including sanctions set forth in the\npenal law that apply to homicides and assaults arising out of the\noperation of a motor vehicle while expressing "Road Rage", and any\nsanctions set forth in law relating to driving while under the influence\nof "Road Rage"; and the medical, biological and physiological effects of\nthe development and expression of "Road Rage", and their impact on the\noperation of a motor vehicle. The commissioner is charged with the\nresponsibility for defining the term "Road Rage", as used in this\nparagraph, in consultation with law enforcement personnel, medical\nprofessionals, representatives of the court system, highway safety\nofficials, and any other group that the commissioner believes can\ncontribute to a comprehensive statement of the issue.\n  (c-2) "Work Zone Safety" awareness component. (i) The commissioner\nshall provide in the pre-licensing course, set forth in paragraph (b) of\nthis subdivision, a mandatory component in "Work Zone Safety" awareness\neducation as a prerequisite for obtaining a license to operate a motor\nvehicle. The purpose of the component is to educate prospective\nlicensees on the potential dangers to construction workers, construction\nequipment operators and operators of motor vehicles in a highway work\nzone. For the purposes of this paragraph, the term "work zone" shall\ninclude "work area" as defined by section one hundred sixty of this\nchapter, and "restricted highway" as authorized in section sixteen\nhundred twenty-five of this chapter.\n  (ii) The commissioner shall establish a curriculum for the "Work Zone\nSafety" component which shall include but not be limited to: instruction\ndescribing the potential hazards of driving through a work zone, whether\nor not work, maintenance or other related construction is being\nundertaken therein, and information on the provisions of law relating to\ndriving within a work zone and sanctions for violations of such\nprovisions, including speeding in a work zone.\n  (iii) In developing such curriculum, the commissioner shall consult\nwith the commissioner of transportation, the superintendent of the state\npolice, representatives of the highway construction industry,\nrepresentatives of highway construction workers, highway safety\nofficials, and any other group that the commissioner believes can\ncontribute to a comprehensive presentation of the issue.\n  (c-3) "Motorcycle Safety" awareness component. The commissioner shall\nprovide in the pre-licensing course, set forth in paragraph (b) of this\nsubdivision, a mandatory component in "Motorcycle Safety" awareness\neducation as a prerequisite for obtaining a license to operate a motor\nvehicle. The purpose of the component is to educate prospective\nlicensees on the potential dangers to persons operating motorcycles on\nthe roadway.\n  (c-4) "School Bus Safety" awareness component. (i) The commissioner\nshall provide in the pre-licensing course, set forth in paragraph (b) of\nthis subdivision, a mandatory component in "School Bus Safety" awareness\neducation as a prerequisite for obtaining a license to operate a motor\nvehicle. The purpose of the component is to educate prospective\nlicensees on the dangers of passing a school bus in violation of section\neleven hundred seventy-four of this chapter, to reduce the number of\nsuch incidents, and to promote school bus safety.\n  (ii) The commissioner shall establish a curriculum for the "School Bus\nSafety" awareness component which shall include, but shall not be\nlimited to, an overview of traffic laws governing overtaking and passing\nschool buses, including but not limited to section eleven hundred\nseventy-one and section eleven hundred seventy-four of this chapter.\n  (iii) In developing such curriculum, the commissioner shall consult\nwith the commissioner of transportation.\n  (c-5) "Pedestrian and Bicyclist Safety" awareness component. (i) The\ncommissioner shall provide in the pre-licensing course, set forth in\nparagraph (b) of this subdivision, a mandatory component in "Pedestrian\nand Bicyclist Safety" awareness education as a prerequisite for\nobtaining a license to operate a motor vehicle. The purpose of the\ncomponent is to educate prospective licensees on the potential dangers\nto pedestrians, bicyclists, and other non-motorized vehicles.\n  (ii) The commissioner shall establish a curriculum for the "Pedestrian\nand Bicyclist Safety" awareness component which shall include but not be\nlimited to: an overview of traffic laws governing motor vehicle\noperators' duty to exercise due care with respect to pedestrians and\nbicyclists, including but not limited to understanding pedestrians' and\nbicyclists' needs and reduced visibility, respecting pedestrians' and\nbicyclists' rights of way, safe operation near pedestrians and\nbicyclists, including children and blind, deaf, elderly and disabled\npedestrians, bicycle lanes as defined in section one hundred two-a of\nthis chapter, safely overtaking a pedestrian or a bicyclist, the dangers\nof distracted driving, driving at appropriate reduced speeds when\nspecial hazards exist with respect to pedestrians and bicyclists such as\nweather or highway conditions, safely turning, stopping, standing, and\nparking, motor vehicle operators' obligations to comply with article\ntwenty-two of this chapter, and traffic control devices and markings,\nroadway designs and traffic calming measures related to pedestrians and\nbicyclists.\n  (iii) In developing such curriculum, the commissioner shall consult\nwith the commissioner of transportation, the superintendent of the state\npolice, the commissioners of transportation and police of the city of\nNew York, other local law enforcement and highway safety officials,\nmedical professionals, bicycle and pedestrian safety advocates, and any\nother group that the commissioner believes can contribute to a\ncomprehensive presentation of the issue.\n  (d) (i) The commissioner shall make available for distribution upon\nregistration at each location where the pre-licensing course will be\ngiven (1) instructional handbooks outlining the content of the entire\ncurriculum of the pre-licensing course including the information\nrequired to be included in the course pursuant to paragraphs (c), (c-1),\n(c-2), (c-3), (c-4) and (c-5) of this subdivision, and (2) information\nas to how a person may register in the New York state organ and tissue\ndonor registry under section forty-three hundred ten of the public\nhealth law.\n  (ii) The commissioner shall also provide for the additional training\nof the instructors necessary for the competent instruction of the\nalcohol and drug education, "Road Rage" awareness, "Work Zone Safety"\nawareness, "Motorcycle Safety" awareness, "School Bus Safety" awareness\nand "Pedestrian and Bicyclist Safety" awareness subject matters of the\npre-licensing course.\n  (e) The commissioner shall make available to each applicant for a\ncommercial driver's license instructional handbooks outlining the\nrequirements necessary to qualify for such license, and containing a\ndiscussion of the offenses which will result in disqualification from\noperating a commercial motor vehicle as defined in section five hundred\none-a of this chapter. Such handbooks shall be available in both English\nand Spanish language versions.\n  (f) The commissioner shall promulgate such rules and regulations as\nare necessary to carry out the provisions of this section.\n  (g) The commissioner may, in his discretion, waive the requirement for\npassage of a test with respect to the laws relating to traffic, the laws\nrelating to driving while ability is impaired and while intoxicated and\nthe ability to read and comprehend traffic signs and symbols, and the\nrequirement for completion of the course set forth in paragraph (a) of\nthis subdivision for applicants who hold a valid or renewable driver's\nlicense issued by another jurisdiction or the United States government.\n  * (h) Course completion certificate fee. The fee for a course\ncompletion certificate provided by the department to an entity that is\napproved by the commissioner to offer the pre-licensing course, required\nby this subdivision, for issuance by such entity to students upon their\ncompletion of such pre-licensing course shall be one dollar. Such fee\nshall be paid by such entity and shall not be charged to a person who\ntakes the course in any manner. The provisions of this paragraph shall\nnot apply to a pre-licensing course established pursuant to article\ntwelve-D of this chapter.\n  * NB Effective until June 30, 2030\n  * (h) Course completion certificate fee. The fee for a course\ncompletion certificate provided by the department to an entity that is\napproved by the commissioner to offer the pre-licensing course, required\nby this subdivision, for issuance by such entity to students upon their\ncompletion of such pre-licensing course shall be one dollar. Such fee\nshall be paid by such entity and shall not be charged to a person who\ntakes the course in any manner.\n  * NB Effective June 30, 2030\n  5. Issuance of license. (a) Upon successful completion of the\nrequirements set forth in subdivision four of this section, and upon\npayment of the fee prescribed by law, the commissioner shall issue an\nappropriate license to the applicant, except that the commissioner may\nrefuse to issue such license\n  (i) if the applicant is the holder of a currently valid or renewable\nlicense to drive issued by another state or foreign country unless the\napplicant surrenders such license, or\n  (ii) if such issuance would be inconsistent with the provisions of\nsection five hundred sixteen of this chapter.\n  (b) The commissioner shall, with respect to the issuance of a\nhazardous materials endorsement, comply with the requirements imposed\nupon states pursuant to sections 383.141 and 1572.13 of title 49 of the\ncode of federal regulations.\n  (c) The commissioner shall not issue a commercial driver's license to\na person while such person would be subject to disqualification from\noperating a commercial motor vehicle for any cause set forth in the\ncommercial motor vehicle safety act of nineteen hundred eighty-six,\npublic law 99-570, title XII and regulations promulgated thereunder. In\naddition, the commissioner shall suspend a commercial driver's license\nfor the period of time in which such driver is determined to constitute\nan imminent hazard and is disqualified pursuant to 49 C.F.R 383.52.\n  * (d) (i) The commissioner shall not issue a class A commercial\ndriver's license to a person who is eighteen, nineteen or twenty years\nold unless, in addition to meeting the requirements of this chapter with\nrespect to the issuance of commercial driver's licenses, such person\nsubmits, in a form prescribed by the commissioner, proof of successful\ncompletion of the commercial driver's license (CDL) class A young adult\ntraining program established pursuant to subparagraph (ii) of this\nparagraph and proof of completion of the minimum hours of supervised\ndriving required by such subparagraph. The commissioner shall place an\n"intrastate only" restriction on any class A commercial driver's license\nissued to a person who is eighteen, nineteen or twenty years old and\nsuch restriction shall remain until such person turns twenty-one years\nof age.\n  (ii) The commissioner, in consultation with the commissioner of\ntransportation, shall establish and implement a commercial driver's\nlicense (CDL) class A young adult training program for young adult class\nA commercial driver's license applicants. The commissioner shall provide\nfor the requirements and criteria of such training program which shall\ninclude the entry-level driver training requirements prescribed by the\nfederal motor carrier safety administration under appendices A, C, D and\nE of part 380 of title 49 of the code of federal regulations, as may be\namended from time to time, and include no less than three hundred hours\nof behind-the-wheel training under the immediate supervision and control\nof an experienced driver. For purposes of this paragraph, the following\nterms shall have the following meanings:\n  (A) "Young adult" shall mean an individual who is eighteen, nineteen\nor twenty years old.\n  (B) "Experienced driver" shall mean an individual who:\n  (1) is not less than twenty-one years of age;\n  (2) holds a valid class A commercial driver's license which is not\nsuspended, revoked or cancelled pursuant to the provisions of this\nchapter or rules and regulations promulgated thereunder and has held\nsuch commercial driver's license for at least two years;\n  (3) has not, for at least a one-year period: been the operator of a\nmotor vehicle involved in an accident reportable to the federal motor\ncarrier safety administration, or been the operator of a commercial\nmotor vehicle involved in an accident reportable to the commissioner, or\nbeen convicted of a serious traffic violation, or been convicted of any\nviolation of title VII of this chapter for which the commissioner\nassesses points, or been disqualified from operating a commercial motor\nvehicle pursuant to this chapter or rules and regulations promulgated\nthereunder; and\n  (4) has a minimum of one year of experience driving, in commerce, a\ncommercial motor vehicle which can only be operated with a class A\ncommercial driver's license.\n  (C) "Serious traffic violation" shall have the same meaning as such\nterm is defined in subdivision four of section five hundred ten-a of\nthis chapter.\n  * NB Repealed upon certain conditions (see chapter 618 of 2021 § 4 and\nchapter 58 of 2022 Pt. GGG § 3)\n  6. Renewal of license.  (a) A license issued pursuant to subdivision\nfive of this section shall be valid until the expiration date contained\nthereon, unless such license is suspended, revoked or cancelled. Such\nlicense may be renewed by submission of an application for renewal, the\nfee prescribed by law, proofs of prior licensing, fitness and acceptable\nvision prescribed by the commissioner, the applicant's social security\nnumber or, in lieu thereof, with respect to an application for a\nnon-commercial driver's license or learner's permit which does not meet\nfederal standards for identification, an affidavit signed by such\napplicant that they have not been issued a social security number, and\nif required by the commissioner, a photo image of the applicant in such\nnumbers and form as the commissioner shall prescribe. In addition, an\napplicant for renewal of a license containing a hazardous material\nendorsement shall pass an examination to retain such endorsement. The\ncommissioner shall, with respect to the renewal of a hazardous materials\nendorsement, comply with the requirements imposed upon states by\nsections 383.141 and 1572.13 of title 49 of the code of federal\nregulations. A renewal of such license shall be issued by the\ncommissioner upon approval of such application, except that no such\nlicense shall be issued if its issuance would be inconsistent with the\nprovisions of section five hundred sixteen of this title, and except\nthat the commissioner may refuse to renew such license if the applicant\nis the holder of a currently valid or renewable license to drive issued\nby another state or foreign country unless the applicant surrenders such\nlicense.\n  (b) Time for renewal. A renewal license may only be issued if an\napplication for such license is filed within two years from the date of\nexpiration of the prior license. Such application may be filed prior to\nthe expiration of the license being renewed for a period of time as\nprovided by regulation of the commissioner.\n  7. Selective service act. The commissioner shall provide separate\nspace on the application for a learner's permit, driver's license,\nnon-driver identification card, or renewal thereof so that any person\nwho is at least eighteen years of age but less than twenty-six years of\nage who applies to the commissioner for such permit, license, or card or\nrenewal thereof may opt to register with the selective service in\naccordance with 50 U.S.C. App 451 et. seq., as amended, if such person\nis subject to such act, and consent to have the commissioner forward the\nnecessary personal information in accordance with this subdivision. Such\nconsent shall be separate from any other certification or signature on\nsuch application. The commissioner shall include on the application a\nbrief statement about the requirement of the law, a citation of the act,\nand the consequences for failing to meet the same. The commissioner\nshall forward to the selective service system, in an electronic format,\nthe necessary personal information required for registration only of\nindividuals who have affirmatively opted and consented, pursuant to this\nsubdivision, to authorize the commissioner to forward such information\nto the selective service system.\n  8. Non-commercial drivers' licenses and learners' permits which do not\nmeet federal standards for identification. (a) Non-commercial drivers'\nlicenses and learners' permits which do not meet federal standards for\nidentification shall be issued in such form as the commissioner shall\ndetermine, provided that such licenses and permits shall be visually\nidentical to non-commercial drivers' licenses and learners' permits\nwhich do meet federal standards for identification except that such\nlicenses and permits may state "Not for Federal Purposes". Provided,\nhowever, that the commissioner may promulgate regulations providing for\nadditional design or color indicators for both such non-commercial\ndrivers' licenses and learners' permits if required to comply with\nfederal law.\n  (b) Applicants for a non-commercial driver's license or learner's\npermit or a renewal thereof shall not be required to prove that they are\nlawfully present in the United States.\n  (c) Application forms for non-commercial drivers' licenses and\nlearners' permits which do not meet federal standards for identification\nor for renewal thereof shall not state (i) the documents an applicant\nused to prove age or identity, or (ii) an applicant's ineligibility for\na social security number where applicable, or (iii) an applicant's\ncitizenship or immigration status.\n  (d) The commissioner and any agent or employee of the commissioner\nshall not retain the documents or copies of documents presented by\napplicants for non-commercial drivers' licenses or learners' permits\nwhich do not meet federal standards for identification to prove age or\nidentity except for a limited period necessary to ensure the validity\nand authenticity of such documents.\n  (e) (i) A non-commercial driver's license or learner's permit which\ndoes not meet federal standards for identification shall not be used as\nevidence of a person's citizenship or immigration status, and shall not\nbe the basis for investigating, arresting, or detaining a person. (ii)\nNeither the commissioner nor any agent or employee of the commissioner\nshall inquire about the citizenship or immigration status of any\napplicant for a non-commercial driver's license or learner's permit\nwhich does not meet federal standards for identification.\n  9. Loss of consciousness. a. This subdivision shall apply to any\napplicant for an original driver's license in this state who has ever\nsuffered a loss of consciousness, to any applicant for a renewal\ndriver's license who has suffered a loss of consciousness since his or\nher last license was issued in this state, to any person who is required\nto submit physicians', physician assistants', or nurse practitioners'\nstatements, in such form as the commissioner may require, as a condition\nfor continuing licensing, and to persons holding a driver's license\nconcerning whom the commissioner has received evidence of loss of\nconsciousness.\n  b. As used in this subdivision, the following terms shall have the\nfollowing meanings: "loss of consciousness" shall mean the condition of\nnot being aware of one's surroundings or of one's existence and the\ninability to receive, interpret or react to sensory impressions as the\nresult of epilepsy, syncope, cataplexy, narcolepsy and other disorders\naffecting consciousness and control; and "evidence of loss of\nconsciousness" shall mean a police accident report filed pursuant to\nsection six hundred three of this chapter indicating a loss of\nconsciousness, no matter how denominated, as the cause of an accident,\nor admission by an applicant or licensee, or a complaint alleging loss\nof consciousness received from police agencies and others.\n  c. A person to whom this part is applicable shall be deemed to be fit\nfor licensing only as determined by the commissioner in accordance with\nsection 9.3 of part 9 of title 15 of the codes, rules and regulations of\nthe state of New York as prescribed by the commissioner.\n  d. (i) Upon a scheduled review of a statement as required under\nparagraph e of this section or upon receipt of evidence from a police\nagency, police accident report or physician, physician assistant or\nnurse practitioner confirmed by a department hearing or investigation\nthat a licensee has experienced a lack of consciousness, or if the\ncommissioner has not received an acceptable physician's, physician\nassistant's or nurse practitioner's statement as defined in subparagraph\n(iii) of this paragraph, or, if such a statement is received but the\ncommissioner's medical consultant finds grounds to disagree with or to\nquestion a recommendation of such physician, physician assistant or\nnurse practitioner made in accordance with the provisions of section 9.3\nof part 9 of title 15 of the codes, rules and regulations of the state\nof New York, the commissioner shall deny or suspend such license,\nwhichever is appropriate, and offer to hold a department hearing to\nreview such action, upon written request of such person. If such request\nfor hearing is not made within thirty days of such denial or suspension,\nthe offer to hold a hearing shall be deemed to be withdrawn.\nNotwithstanding the offer to hold a department hearing to review the\ndenial or suspension, a department hearing will not be held until such\ntime as the motorist submits to the commissioner a physician, physician\nassistant or nurse practitioner statement as required under the\nprovisions of part 9 of title 15 of the codes, rules and regulations of\nthe state of New York and the commissioner and the commissioner's\nmedical consultants have reviewed such statements within a reasonable\nperiod of time. The denial or suspension shall remain in effect until a\ndepartment hearing is held to review such denial or suspension or after\nreview of the physician, physician assistant or nurse practitioner\nstatement the commissioner and his or her medical consultants finds no\ngrounds to disagree with or to question the physician's, physician\nassistant's or nurse practitioner's statement.\n  (ii) Notwithstanding the provisions of subparagraph (i) of this\nsection, upon receipt of an application for an original driver's\nlicense, or for renewal of a driver's license, or upon receipt of\nevidence from a source other than a police agency, police accident\nreport or physician, physician assistant or nurse practitioner,\nconfirmed by a department hearing or investigation that a licensee has\nexperienced a loss of consciousness, the commissioner shall, unless he\nor she deems such person's operation of a motor vehicle on a public\nhighway to be an immediate hazard, send to such person a proposed denial\nor suspension of license, whichever is appropriate, with an offer to\nwithhold such action until after a department hearing, if such hearing\nis requested by such person. The failure of such person to reply to the\ncommissioner, either accepting the denial or suspension or requesting a\nhearing, within thirty days of the date of such notice, shall result in\nthe imposition of the denial or suspension. If the commissioner deems\nany such person's operation of a motor vehicle on a public highway to be\nan immediate hazard, he or she shall deny or suspend such license as\nrequired under subparagraph (i) of this paragraph and such denial or\nsuspension shall be subject to the provisions of such subparagraph (i).\nFor the purposes of this subparagraph, a person's operation of a motor\nvehicle on a public highway shall be deemed to constitute an immediate\nhazard if the commissioner has received evidence that such person's loss\nof consciousness has caused or contributed to a motor vehicle accident.\n  (iii) A physician's, physician assistant's or nurse practitioner's\nstatement shall not be acceptable unless such licensed physician,\nphysician assistant or nurse practitioner has attended or examined the\npatient within one hundred twenty days of the date of such statement,\nand if required by the commissioner, may be required to be submitted by\na physician licensed in a specialty appropriate to the condition in\nquestion.\n  e. The commissioner may require the submission of physicians',\nphysician assistants' or nurse practitioners' statements on a scheduled\nbasis as a condition of licensing in those cases in which a person has\nexperienced loss of consciousness but meets standards of fitness as set\nforth in rules and regulations prescribed by the commissioner, and the\nphysician's, physician assistant's or nurse practitioner's statement\nindicates that medication is being taken to meet such standards and, in\nthe opinion of either the submitting physician, physician assistant or\nnurse practitioner or the medical consultant to the commissioner, the\nsubmission of such scheduled physician's, physician assistant's or nurse\npractitioner's statements is considered necessary or desirable. However,\nthe provisions of this subdivision shall not be applicable in any case\nwhere a person has been seizure free without medication for a minimum\nperiod of one year and submits a physician's, physician assistant's or\nnurse practitioner's statement.\n  f. Any hearing held pursuant to this subdivision shall be conducted in\nconformity with the provisions of the state administrative procedure act\nand any regulations promulgated by the commissioner thereunder. Judicial\nreview of a determination made by the commissioner after a hearing held\npursuant to this subdivision may be had without an administrative appeal\nbeing made pursuant to article three-A of this chapter.\n
N.Y. PBA Law § 1500-R — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-R
Defense and indemnification
Status: in_force

§ 1500-r. Defense and indemnification. The authority shall not execute\nany of its powers, except as necessary to commence its corporate\nexistence, until the authority confers upon its members the provisions\nof section eighteen of the public officers law, pursuant to subdivision\ntwo of such section; provided, however, that nothing contained within\nthis section shall be deemed to permit the authority to extend the\nprovisions of section eighteen of the public officers law upon any\nindependent contractor.\n
N.Y. VAT Law § 510 — New York Code / Act VAT / Title 5 / Article 20 / Section 510
Suspension, revocation and reissuance of licenses and registrations
Status: in_force

§ 510. Suspension, revocation and reissuance of licenses and\nregistrations. 1. Who may suspend or revoke. Any magistrate, justice or\njudge, in a city, in a town, or in a village, any supreme court justice,\nany county judge, any judge of a district court, the superintendent of\nstate police and the commissioner of motor vehicles or any person\ndeputized by him, shall have power to revoke or suspend the license to\ndrive a motor vehicle or motorcycle of any person, or in the case of an\nowner, the registration, as provided herein.\n  A learner's permit, or a license which has expired but is renewable,\nshall be deemed a license within the meaning of this section.\n  2. Mandatory revocations and suspensions. a. Mandatory revocations.\nSuch licenses shall be revoked and such registrations may also be\nrevoked where the holder is convicted:\n  (i) of homicide or assault arising out of the operation of a motor\nvehicle or motorcycle or criminal negligence in the operation of a motor\nvehicle or motorcycle resulting in death, whether the conviction was had\nin this state or elsewhere;\n  (ii) pursuant to section twenty-three hundred eighty-five of title\neighteen of the United States code, of the crime of advocating the\noverthrow of government, whether the conviction was had in this state or\nelsewhere;\n  (iii) of any violation of subdivision two of section six hundred or\nsection three hundred ninety-two or of a local law or ordinance making\nit unlawful to leave the scene of an accident without reporting;\n  (iv) of a third or subsequent violation, committed within a period of\neighteen months, of any provision of section eleven hundred eighty of\nthis chapter, any ordinance or regulation limiting the speed of motor\nvehicles and motorcycles or any provision constituted a misdemeanor by\nthis chapter, not included in subparagraphs (i) or (iii) of this\nparagraph, except violations of subdivision one of section three hundred\nseventy-five of this chapter or of subdivision one of section four\nhundred one of this chapter and similar violations under any local law,\nordinance or regulation committed by an employed driver if the offense\noccurred while operating, in the course of his employment, a vehicle not\nowned by said driver, whether such three or more violations were\nrepetitions of the same offense or were different offenses;\n  (v) of a violation for the conviction of which any such license is\nsubject to revocation under subdivision two of section five hundred\nten-b;\n  (vi) of a violation of any provision of section eleven hundred\neighty-two of this chapter;\n  (vii) of a second violation of any provision of section eleven hundred\neighty-two committed within a period of three years of a previous\nviolation of the aforesaid section shall result in a license revocation\nof one year;\n  (viii) of a third violation, committed within a period of three years,\nof any provision of subdivision a of section eleven hundred seventy-four\nof this chapter;\n  (ix) of a violation of section twelve hundred twenty-four of this\nchapter, other than a violation adjudicated by the environmental control\nboard of a city having a population of one million or more pursuant to\nsubdivision seven of such section, and fails to pay the fine imposed\nthereon pursuant to subdivision seven of such section;\n  (x) of a traffic infraction for a subsequent violation of article\ntwenty-six of this chapter and the commission of such violation caused\nserious physical injury to another person and such subsequent violation\noccurred within eighteen months of a prior violation of any provision of\narticle twenty-six of this chapter where the commission of such prior\nviolation caused the serious physical injury or death of another person;\n  (xi) of a traffic infraction for a subsequent violation of article\ntwenty-six of this chapter and the commission of such violation caused\nthe death of another person and such subsequent violation occurred\nwithin eighteen months of a prior violation of any provision of article\ntwenty-six of this chapter where the commission of such prior violation\ncaused the serious physical injury or death of another person;\n  (xii) of a second or subsequent conviction of a violation of section\ntwelve hundred twenty-five-c or section twelve hundred twenty-five-d of\nthis chapter committed where such person is the holder of a probationary\nlicense, as defined in subdivision four of section five hundred one of\nthis title, at the time of the commission of such violation and such\nsecond or subsequent violation was committed within six months following\nthe restoration or issuance of such probationary license; or\n  (xiii) of a second or subsequent conviction of a violation of section\ntwelve hundred twenty-five-c or section twelve hundred twenty-five-d of\nthis chapter committed where such person is the holder of a class DJ or\nMJ learner's permit or a class DJ or MJ license at the time of the\ncommission of such violation and such second or subsequent violation was\ncommitted within six months following the restoration of such permit or\nlicense.\n  b. Mandatory suspensions. Such licenses shall be suspended, and such\nregistrations may also be suspended:\n  (i) for a period of sixty days where the holder is convicted of a\nviolation for the conviction of which such license is subject to\nsuspension pursuant to subdivision one of section five hundred ten-b;\n  (ii) when the holder forfeits bail given upon being charged with any\nof the offenses mentioned in this subdivision, until the holder submits\nto the jurisdiction of the court in which he forfeited bail; and\n  (iii) such registrations shall be suspended when necessary to comply\nwith subdivision nine of section one hundred forty or subdivision four\nof section one hundred forty-five of the transportation law or with an\nout of service order issued by the United States department of\ntransportation. The commissioner shall have the authority to deny a\nregistration or renewal application to any other person for the same\nvehicle and may deny a registration or renewal application for any other\nmotor vehicle registered in the name of the applicant where it has been\ndetermined that such registrant's intent has been to evade the purposes\nof this subdivision and where the commissioner has reasonable grounds to\nbelieve that such registration or renewal will have the effect of\ndefeating the purposes of this subdivision. Any suspension issued\npursuant to this subdivision by reason of an out of service order issued\nby the United States department of transportation shall remain in effect\nuntil such time as the commissioner is notified by the United States\ndepartment of transportation or the commissioner of transportation that\nthe order resulting in the suspension is no longer in effect.\n  (iv) For a period of not less than thirty nor greater than one hundred\neighty days where the holder is convicted of the crime of assault in the\nfirst, second or third degree as defined in article one hundred twenty\nof the penal law, where such offense was committed against a traffic\nenforcement agent employed by the city of New York or the city of\nBuffalo while such agent was enforcing or attempting to enforce the\ntraffic regulations of such city.\n  (vi) for a period of sixty days where the holder is convicted of a\nviolation of subdivision one of section twelve hundred twenty-b of this\nchapter within a period of eighteen months of a previous violation of\nsuch subdivision.\n  (vii) for a period of ninety days where the holder is convicted of a\nviolation of subdivision one of section twelve hundred twenty-b of this\nchapter within a period of eighteen months of two or more previous\nviolations of such subdivision.\n  (ix) For a period of three months where the holder is sentenced to a\nlicense suspension pursuant to paragraph (a) of subdivision five of\nsection sixty-five-b of the alcoholic beverage control law, provided\nhowever, that, in accordance with such subdivision five,  such\nsuspension shall be only a license suspension.\n  (x) For a period of six months where the holder is sentenced to a\nlicense suspension pursuant to paragraph (b) of subdivision five of\nsection sixty-five-b of the alcoholic beverage control law, provided\nhowever, that, in accordance with such subdivision five,  such\nsuspension shall be only a license suspension.\n  (xi) For a period of one year or until the holder reaches the age of\ntwenty-one, whichever is the greater period of time, where the holder is\nsentenced to a license suspension pursuant to paragraph (c) of\nsubdivision five of section sixty-five-b of the alcoholic beverage\ncontrol law, provided however, that, in accordance with such subdivision\nfive, such suspension shall be only a license suspension.\n  (xii) for a period of one year where the holder is convicted of, or\nreceives a youthful offender or juvenile delinquency adjudication in\nconnection with a violation of section 240.62 or subdivision five of\nsection 240.60 of the penal law.\n  (xiii) for a period of sixty days where the holder is convicted of two\nor more violations of paragraph two of subdivision (d) or subdivision\n(f) of section eleven hundred eighty of this chapter.\n  (xiv) for a period of forty-five days where the holder is convicted of\na traffic infraction for a first violation of article twenty-six of this\nchapter and the commission of such violation caused serious physical\ninjury to another person, except: (A) where the holder is convicted of a\ntraffic infraction for a first violation of section eleven hundred\nforty-six of this chapter and the commission of such violation caused\nserious physical injury to another person, the suspension shall be for a\nperiod of six months; and (B) where the holder is convicted of a traffic\ninfraction for a second violation of section eleven hundred forty-six of\nthis chapter and the commission of such violation caused serious\nphysical injury to another person, and such person has previously been\nconvicted of a traffic infraction for a violation of section eleven\nhundred forty-six of this chapter and the commission of such violation\ncaused serious physical injury to another person within five years, the\nsuspension shall be for a period of one year.\n  (xv) for a period of seventy-five days where the holder is convicted\nof a traffic infraction for a first violation of article twenty-six of\nthis chapter and the commission of such violation caused the death of\nanother person.\n  (xvi) for a period of one hundred twenty days where the holder is\nconvicted of a violation of section twelve hundred twenty-five-c or\nsection twelve hundred twenty-five-d of this chapter when such violation\nwas committed while such holder had a probationary license, as defined\nin subdivision four of section five hundred one of this title.\n  (xvii) for a period of one hundred twenty days where the holder is\nconvicted of a violation of section twelve hundred twenty-five-c or\nsection twelve hundred twenty-five-d of this chapter when such violation\nwas committed while such holder had a class DJ or MJ learner's permit or\na class DJ or MJ license.\n  c. Application of mandatory revocations and suspensions to\nnon-residents and to unlicensed persons. Whenever a non-resident or a\nperson who is unlicensed is convicted of any violation or receives a\nyouthful offender or juvenile delinquency adjudication in conjunction\nwith a violation of section 240.62 or subdivision five of section 240.60\nof the penal law, which would require the revocation or suspension of a\nlicense, pursuant to the provisions of this chapter, if the person so\nconvicted or adjudicated was the holder of a license issued by the\ncommissioner, such non-resident's privilege of operating a motor vehicle\nin this state or such unlicensed person's privilege of obtaining a\nlicense issued by the commissioner shall be revoked or suspended, and\nsuch non-resident's privilege of operation within this state of any\nmotor vehicle owned by such person or such unlicensed person's privilege\nof obtaining a registration issued by the commissioner may be suspended\nas if such non-resident or unlicensed person was the holder of a license\nissued by the commissioner. The provisions of subdivisions six and seven\nof this section shall be applicable to any such suspension or\nrevocation.\n  d. Mandatory suspensions; vehicles over eighteen thousand pounds. A\nlicense or privilege shall be suspended by the commissioner for a period\nof sixty days, where the holder is convicted of a violation of\nsubdivision (g) of section eleven hundred eighty of this chapter, and\n(i) the recorded or entered speed upon which the conviction was based\nexceeded the applicable speed limit by more than twenty miles per hour\nor (ii) the recorded or entered speed upon which the conviction was\nbased exceeded the applicable speed limit by more than ten miles per\nhour and the vehicle was either (A) in violation of any rules or\nregulations involving an out-of-service defect relating to brake\nsystems, steering components and/or coupling devices, or (B)\ntransporting flammable gas, radioactive materials or explosives.\nWhenever a license is suspended pursuant to this paragraph, the\ncommissioner shall immediately issue a restricted license provided the\nholder of such license is otherwise eligible to receive such restricted\nlicense, except that no such restricted license shall be valid for the\noperation of a vehicle with a GVWR of more than eighteen thousand pounds\nand further provided that issuing a license to such person does not\ncreate a substantial traffic safety hazard.\n  2-a. Mandatory suspension and revocation of a license and registration\nin certain cases. (a) Within seven days after conviction for a violation\nof any local law which prohibits the knowing operation or offering to\noperate or permitting the operation for hire of any vehicle as a\ntaxicab, livery, as defined in section one hundred twenty-one-e of this\nchapter, coach, limousine, van or wheelchair accessible van or tow truck\nwithin the state without first having obtained an appropriate license\ntherefor from the appropriate licensing authority and appropriate\nfor-hire insurance from the appropriate insurance agency, the taxi and\nlimousine commission or other local body having jurisdiction over such\noffenses with respect to such vehicles shall provide notice of such\nconviction to the commissioner in a manner agreed upon between any such\nlocal body and the commissioner. Upon receipt of such notice, the\ncommissioner shall suspend the license of such operator and the\nregistration of such vehicle for a period of sixty days.\n  (b) Within seven days after conviction for a violation of any local\nlaw which prohibits the knowing operation or offering to operate or\npermitting the operation for hire of any vehicle as a taxicab, livery,\nas defined in section one hundred twenty-one-e of this chapter, coach,\nlimousine, van or wheelchair accessible van or tow truck within the\nstate without first having obtained an appropriate license therefor from\nthe appropriate licensing authority and appropriate for-hire insurance\nfrom the appropriate insurance agency where the operator has, within the\nprevious five years, been convicted of any such violation, the taxi and\nlimousine commission or other local body having jurisdiction over such\noffenses with respect to such vehicles shall provide notice to the\ncommissioner in a manner agreed upon between any such local body and the\ncommissioner. Upon receipt of such notice, the commissioner shall revoke\nthe license of such operator.\n  (c) Within seven days after conviction for a violation of any local\nlaw which prohibits the knowing operation or offering to operate or\npermitting the operation for hire of any vehicle as a taxicab, livery,\nas defined in section one hundred twenty-one-e of this chapter, coach,\nlimousine, van or wheelchair accessible van or tow truck within the\nstate without first having obtained an appropriate license therefor from\nthe appropriate licensing authority and appropriate for-hire insurance\nfrom the appropriate insurance agency where the registrant has, within\nthe previous five years, been convicted of any such violation, the taxi\nand limousine commission or other local body having jurisdiction over\nsuch offenses with respect to such vehicles shall provide notice to the\ncommissioner in a manner agreed upon between any such local body and the\ncommissioner. Upon receipt of such notice, the commissioner shall revoke\nthe registration of such vehicle, and no new registration shall be\nissued for at least six months, nor thereafter, except in the discretion\nof the commissioner.\n  (d) The provisions of this subdivision shall not apply to any taxicab\nor livery as defined in section one hundred twenty-one-e of this\nchapter, coach, limousine, van or wheelchair accessible van or tow truck\nlicensed or permitted for such operation by the appropriate local body\nof any other municipality, the department of transportation, the\nmetropolitan transportation authority or the interstate commerce\ncommission.\n  3. Permissive suspensions and revocations. Such licenses and\nregistrations and the privilege of a non-resident of operating a motor\nvehicle in this state and of operation within this state of any motor\nvehicle owned by him and the privilege of an unlicensed person of\nobtaining a license issued by the commissioner and of obtaining a\nregistration issued by the commissioner may be suspended or revoked:\n  a. for any violation of the provisions of this chapter, except section\neleven hundred ninety-two, or for any violation of a local ordinance or\nregulation prohibiting dangerous driving as shall, in the discretion of\nthe officer acting hereunder, justify such revocation or suspension;\n  b. because of some physical or mental disability of the holder, the\ncourt commitment of the holder to an institution under the jurisdiction\nof the department of mental hygiene or the disability of the holder by\nreason of intoxication or the use of drugs;\n  c. because of the conviction of the holder at any time of a felony;\n  d. for habitual or persistent violation of any of the provisions of\nthis chapter, or of any lawful ordinance, rule or regulation made by\nlocal authorities in relation to traffic;\n  e. for gross negligence in the operation of a motor vehicle or\nmotorcycle or operating a motor vehicle or motorcycle in a manner\nshowing a reckless disregard for life or property of others;\n  f. for knowingly permitting or suffering any motor vehicle or\nmotorcycle under the direction or control of the holder to be used in\naid or furtherance of the commission of any crime;\n  g. for preventing lawful identification of any motor vehicle or\nmotorcycle under the holder's direction or control, or evading lawful\narrest or prosecution while operating such motor vehicle or motorcycle;\n  h. for wilfully evading lawful prosecution in this state or in another\nstate or jurisdiction for an offense committed therein against the motor\nvehicle or traffic laws thereof;\n  i. for habitual or persistent violation of any provisions of this\nchapter, and/or any lawful ordinance, rule or regulation made by local\nauthorities in relation to traffic, and/or violations committed in a\ncommercial motor vehicle of any law, statute, ordinance, rule or\nregulation in relation to traffic made by any other state, District of\nColumbia, Canadian province or local authority of such state, district\nor province;\n  j. except as provided in subdivision one herein or section eleven\nhundred ninety-three of this chapter upon the conviction of a person\nunder eighteen years of age of any crime or in the case of an\nadjudication of youthful offender under nineteen years of age, such\nlicense or registration may be suspended or revoked for a maximum period\nof one year by the judge or justice sentencing him;\n  k. for a period of up to ninety days because of the conviction of the\nholder of the offenses of menacing as defined in section 120.15 of the\npenal law, where such offense was committed against a traffic\nenforcement agent employed by the city of New York or the city of\nBuffalo while such agent was enforcing or attempting to enforce the\ntraffic regulations of such city.\n  3-a. Opportunity to be heard and temporary suspensions. Where\nrevocation or suspension is permissive, the holder, unless he shall\nwaive such right, shall have an opportunity to be heard except where\nsuch revocation or suspension is based solely on a court conviction or\nconvictions or on a court commitment to an institution under the\njurisdiction of the department of mental hygiene. A license or\nregistration, or the privilege of a non-resident of operating a motor\nvehicle in this state or of the operation within this state of any motor\nvehicle owned by him, may, however, be temporarily suspended without\nnotice, pending any prosecution, investigation or hearing.\n  4. Administrative action pursuant to interstate compact. a. Such\nlicenses may be suspended where pursuant to any compact or agreement\nauthorized by section five hundred seventeen of this chapter the holder\nthereof is issued a summons for a moving traffic violation, is not\ndetained or required to furnish bail or collateral and fails to appear\nin response to such summons. Such suspension shall remain in effect only\nuntil such holder submits to the jurisdiction of the court in which such\nsummons is returnable.\n  b. If notification is received by the commissioner pursuant to any\ncompact or agreement authorized by section five hundred sixteen-b of\nthis article that the holder of a New York license or an unlicensed New\nYork resident has been convicted of an offense set forth in such compact\nor agreement, such conviction, for the purpose of administrative action\nwhich must or may be taken by the commissioner pursuant to the\nprovisions of this section, shall be deemed to be a conviction of an\noffense committed within this state in accordance with the provisions of\nsuch compact or agreement.\n  4-a. Suspension for failure to answer an appearance ticket.  (a) Upon\nreceipt of a court notification of the failure of a person to appear\nwithin sixty days of the return date or new subsequent adjourned date,\npursuant to an appearance ticket charging said person with a violation\nof any of the provisions of this chapter (except one for parking,\nstopping, or standing), of any violation of the tax law or of the\ntransportation law regulating traffic or of any lawful ordinance or\nregulation made by a local or public authority, relating to traffic\n(except one for parking, stopping, or standing) the commissioner or his\nor her agent may suspend the driver's license or privileges of such\nperson pending receipt of notice from the court that such person has\nappeared in response to such appearance ticket or has paid or has\nentered into an installment payment plan to pay the fine associated with\na conviction entered as a result of the failure to appear in response to\nsuch appearance ticket, or the defendant has been acquitted of the\ncharge that led to the suspension or such charge was otherwise\ndismissed. Such suspension shall take effect no less than thirty days\nfrom the day upon which an initial notice thereof is sent by the\ncommissioner to the person whose driver's license or privileges are to\nbe suspended, provided that the commissioner shall send such person at\nleast two notices thereof, including such initial notice, at least\nfifteen days apart during such period. Any suspension issued pursuant to\nthis paragraph shall be subject to the provisions of paragraph (j-l) of\nsubdivision two of section five hundred three of this chapter.\n  (b) The provisions of paragraph (a) of this subdivision shall not\napply to a registrant who was not operating a vehicle, but who was\nissued a summons or an appearance ticket for a violation of section\nthree hundred eighty-five, section four hundred one or section five\nhundred eleven-a of this chapter. Upon the receipt of a court\nnotification of the failure of such person to appear within sixty days\nof the return date or a new subsequent adjourned date, pursuant to an\nappearance ticket charging said person with such violation, or the\nfailure of such person to pay a fine imposed by a court, the\ncommissioner or his or her agent may suspend the registration of the\nvehicle or vehicles involved in such violation or privilege of operation\nof any motor vehicle owned by the registrant pending receipt of notice\nfrom the court that such person has appeared in response to such\nappearance ticket or has paid such fine.  Such suspension shall take\neffect no less than thirty days from the day upon which notice thereof\nis sent by the commissioner to the person whose registration or\nprivilege is to be suspended. Any suspension issued pursuant to this\nparagraph shall be subject to the provisions of paragraph (j-1) of\nsubdivision two of section five hundred three of this chapter.\n  (c) Upon receipt of notification from a traffic and parking violations\nagency or a traffic violations agency of the failure of a person to\nappear within sixty days of the return date or new subsequent adjourned\ndate, pursuant to an appearance ticket charging said person with a\nviolation of:\n  (i) any of the provisions of this chapter except one for parking,\nstopping or standing and except those violations described in paragraphs\n(a), (b), (d), (e) and (f) of subdivision two and in paragraphs (a),\n(b), (d), (e), (f) and (g) of subdivision two-a and in paragraphs (a),\n(b), (d), (e), (f) and (g) of subdivision two-b of section three hundred\nseventy-one of the general municipal law;\n  (ii) section five hundred two or subdivision (a) of section eighteen\nhundred fifteen of the tax law;\n  (iii) section fourteen-f (except paragraph (b) of subdivision four of\nsection fourteen-f), two hundred eleven or two hundred twelve of the\ntransportation law; or\n  (iv) any lawful ordinance or regulation made by a local or public\nauthority relating to traffic (except one for parking, stopping or\nstanding), the commissioner or his or her agent may suspend the driver's\nlicense or privileges of such person pending receipt of notice from the\nagency that such person has appeared in response to such appearance\nticket or has paid or has entered into an installment payment plan to\npay the fine associated with a conviction entered as a result of the\nfailure to appear in response to such appearance ticket, or the\ndefendant has been acquitted of the charge that led to the suspension or\nsuch charge was otherwise dismissed. Such suspension shall take effect\nno less than thirty days from the day upon which an initial notice\nthereof is sent by the commissioner to the person whose driver's license\nor privileges are to be suspended, provided that the commissioner shall\nsend such person at least two notices thereof, including such initial\nnotice, at least fifteen days apart during such period. Any suspension\nissued pursuant to this paragraph shall be subject to the provisions of\nparagraph (j-1) of subdivision two of section five hundred three of this\nchapter.\n  4-b. Suspension of registration for failure to answer or to pay fines\nwith respect to certain violations. Upon receipt of certification from a\ncourt or administrative tribunal of appropriate jurisdiction that the\nowner of a motor vehicle or his representative failed to appear on the\nreturn date or dates or any subsequent adjourned date or dates or failed\nto comply with the rules and regulations of an administrative tribunal\nfollowing entry of a final decision or decisions in response to\ntwenty-five or more summonses or other process, issued within an\neighteen month period charging that such motor vehicle is parked,\nstopped or standing in violation of any of the provisions of this\nchapter or of any law, ordinance, rule or regulation made by a local\nauthority, the commissioner shall suspend the registration of such motor\nvehicle. Such suspension shall take effect no less than thirty days from\nthe date on which notice thereof is sent by the commissioner to the\nperson whose registration is to be suspended and shall remain in effect\nas long as the summmons or summonses remain unanswered, or in the case\nof an administrative tribunal, the registrant fails to comply with the\nrules and regulations following the entry of a final decision or\ndecisions.\n  * 4-c. Suspension of registration for failure to answer or to pay\nfines with respect to parking, stopping and standing violations. Upon\nreceipt of certification from a court or administrative tribunal of\nappropriate jurisdiction in a city with a population in excess of one\nhundred thousand persons according to the nineteen hundred eighty United\nStates census that the owner of a motor vehicle or his representative\nfollowing compliance by such city with the notice provisions of\nsubdivision two of section two hundred thirty-five of this chapter,\nfailed to appear on the return date or dates or any subsequent adjourned\ndate or dates or failed to comply with the rules and regulations of an\nadministrative tribunal following entry of a final decision or\ndecisions, in response to five or more summonses or other process,\nissued within a twelve month period charging that such motor vehicle is\nparked, stopped or standing in violation of any of the provisions of\nthis chapter or of any law, ordinance, rule or regulation made by a\nlocal authority, the commissioner shall suspend the registration of such\nmotor vehicle. Such suspension shall take effect no less than thirty\ndays from the date on which notice thereof is sent by the commissioner\nto the person whose registration is to be suspended and shall remain in\neffect as long as the summons or summonses remain unanswered, or in the\ncase of an administrative tribunal, the registrant fails to comply with\nthe rules and regulations following the entry of a final decision or\ndecisions.\n  * NB Repealed September 1, 2027\n  4-d. Suspension of registration for failure to answer or pay penalties\nwith respect to certain violations. Upon the receipt of a notification\nfrom a court or an administrative tribunal that an owner of a motor\nvehicle failed to appear on the return date or dates or a new subsequent\nadjourned date or dates or failed to pay any penalty imposed by a court\nor failed to comply with the rules and regulations of an administrative\ntribunal following entry of a final decision or decisions, in response\nto five or more notices of liability or other process, issued within an\neighteen month period charging such owner with a violation of toll\ncollection regulations in accordance with the provisions of section two\nthousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty, the commissioner or\nhis agent shall suspend the registration of the vehicle or vehicles\ninvolved in the violation or the privilege of operation of any motor\nvehicle owned by the registrant. Such suspension shall take effect no\nless than thirty days from the date on which notice thereof is sent by\nthe commissioner to the person whose registration or privilege is\nsuspended and shall remain in effect until such registrant has appeared\nin response to such notices of liability or has paid such penalty or in\nthe case of an administrative tribunal, the registrant has complied with\nthe rules and regulations following the entry of a final decision or\ndecisions.\n  * 4-e. Suspension and disqualification for failure to make child\nsupport payments or failure to comply with a summons, subpoena or\nwarrant relating to a paternity or child support proceeding. (1) The\ncommissioner, on behalf of the department, shall enter into a written\nagreement with the commissioner of the office of temporary and\ndisability assistance, on behalf of the office of temporary and\ndisability assistance, which shall set forth the procedures for\nsuspending the driving privileges of individuals who have failed to make\npayments of child support or combined child and spousal support.\n  (2) Such agreement shall include:\n  (i) the procedure under which the office of temporary and disability\nassistance shall notify the department of an individual's liability for\nsupport arrears;\n  (ii) the procedure under which the department shall be notified by the\noffice of temporary and disability assistance that an individual has\nsatisfied or commenced payment of his or her support arrears; or has\nmade satisfactory payment arrangements thereon and shall have the\nsuspension of his or her driving privileges terminated;\n  (iii) the procedure for reimbursement of the department and its agents\nby the office of temporary and disability assistance for the full\nadditional costs of carrying out the procedures authorized by this\nsection, and may include, subject to the approval of the director of the\nbudget, a procedure for reimbursement of necessary additional costs of\ncollecting social security numbers pursuant to section five hundred two\nof this title;\n  (iv) provision for the publicizing of sanctions for nonpayment of\nchild support including the potential for the suspension of delinquent\nsupport obligors' driving privileges if they fail to pay child support\nor combined child and spousal support; and\n  (v) such other matters as the parties to such agreement shall deem\nnecessary to carry out provisions of this section.\n  (3) Upon receipt of notification from the office of temporary and\ndisability assistance of a person's failure to satisfy support arrears\nor to make satisfactory payment arrangements thereon pursuant to\nparagraph (e) of subdivision twelve of section one hundred eleven-b of\nthe social services law or notification from a court issuing an order\npursuant to section four hundred fifty-eight-a of the family court act\nor section two hundred forty-four-b of the domestic relations law, the\ncommissioner or his or her agent shall suspend the license of such\nperson to operate a motor vehicle. In the event such person is\nunlicensed, such person's privilege of obtaining a license shall be\nsuspended. Such suspension shall take effect no later than fifteen days\nfrom the date of the notice thereof to the person whose license or\nprivilege of obtaining a license is to be suspended, and shall remain in\neffect until such time as the commissioner is advised that the person\nhas satisfied the support arrears or has made satisfactory payment\narrangements thereon pursuant to paragraph (e) of subdivision twelve of\nsection one hundred eleven-b of the social services law or until such\ntime as the court issues an order to terminate such suspension;\n  (4) From the time the commissioner is notified by the office of\ntemporary and disability assistance of a person's liability for support\narrears under this section, the commissioner shall be relieved from all\nliability to such person which may otherwise arise under this section,\nand such person shall have no right to commence a court action or\nproceeding or to any other legal recourse against the commissioner to\nrecover such driving privileges as authorized by this section. In\naddition, notwithstanding any other provision of law, such person shall\nhave no right to a hearing or appeal pursuant to this chapter with\nrespect to a suspension of driving privileges as authorized by this\nsection. However, nothing herein shall be construed to prohibit such\nperson from proceeding against the support collection unit pursuant to\narticle seventy-eight of the civil practice law and rules.\n  (5) Any person whose license has been suspended pursuant to\nsubdivision three of this section may apply for the issuance of a\nrestricted use license as provided in section five hundred thirty of\nthis title.\n  * NB Repealed August 31, 2027\n  4-f. Suspension for failure to pay past-due tax liabilities. (1) The\ncommissioner shall enter into a written agreement with the commissioner\nof taxation and finance, as provided in section one hundred\nseventy-one-v of the tax law, which shall set forth the procedures for\nsuspending the drivers' licenses of individuals who have failed to\nsatisfy past-due tax liabilities as such terms are defined in such\nsection.\n  (2) Upon receipt of notification from the department of taxation and\nfinance that an individual has failed to satisfy past-due tax\nliabilities, or to otherwise make payment arrangements satisfactory to\nthe commissioner of taxation and finance, or has failed to comply with\nthe terms of such payment arrangements more than once within a twelve\nmonth period, the commissioner or his or her agent shall suspend the\nlicense of such person to operate a motor vehicle. In the event such\nperson is unlicensed, such person's privilege of obtaining a license\nshall be suspended. Such suspension shall take effect no later than\nfifteen days from the date of the notice thereof provided to the person\nwhose license or privilege of obtaining a license is to be suspended,\nand shall remain in effect until such time as the commissioner is\nadvised that the person has satisfied his or her past-due tax\nliabilities, or has otherwise made payment arrangements satisfactory to\nthe commissioner of taxation and finance.\n  (3) From the time the commissioner is notified by the department of\ntaxation and finance under this section, the commissioner shall be\nrelieved from all liability to such person which may otherwise arise\nunder this section, and such person shall have no right to commence a\ncourt action or proceeding or to any other legal recourse against the\ncommissioner to recover such driving privileges as authorized by this\nsection. In addition, notwithstanding any other provision of law, such\nperson shall have no right to a hearing or appeal pursuant to this\nchapter with respect to a suspension of driving privileges as authorized\nby this section.\n  (4) Notwithstanding any provision of law to the contrary, the\ndepartment shall furnish the department of taxation and finance with the\ninformation necessary for the proper identification of an individual\nreferred to the department for the purpose of driver's license\nsuspension pursuant to this section and section one hundred\nseventy-one-v of the tax law. This shall include the individual's name,\nsocial security number and any other information the commissioner of\nmotor vehicles deems necessary.\n  (5) Any person whose driver's license is suspended pursuant to\nparagraph two of this subdivision may apply for the issuance of a\nrestricted use license as provided in section five hundred thirty of\nthis title.\n  4-g. Suspension of registration for unlawful solicitation of ground\ntransportation services at an airport. Upon the receipt of a\nnotification from a court or an administrative tribunal that an owner of\na motor vehicle was convicted of a second conviction of unlawful\nsolicitation of ground transportation services at an airport in\nviolation of subdivision one of section twelve hundred twenty-b of this\nchapter both of which were committed within a period of eighteen months,\nthe commissioner or his agent shall suspend the registration of the\nvehicle involved in the violation for a period of ninety days; upon the\nreceipt of such notification of a third or subsequent conviction for a\nviolation of such subdivision all of which were committed within a\nperiod of eighteen months, the commissioner or his agent shall suspend\nsuch registration for a period of one hundred eighty days. Such\nsuspension shall take effect no less than thirty days from the date on\nwhich notice thereof is sent by the commissioner to the person whose\nregistration or privilege is suspended. The commissioner shall have the\nauthority to deny a registration or renewal application to any other\nperson for the same vehicle, where it has been determined that such\nregistrant's intent has been to evade the purposes of this subdivision\nand where the commissioner has reasonable grounds to believe that such\nregistration or renewal will have the effect of defeating the purposes\nof this subdivision.\n  4-h. Suspension of registration for covering license plates with a\nlicense plate cover or material appearing to be a number plate or\nobscuring license plates with any material or substance. (a) Upon\nreceipt of a notification from a court or an administrative tribunal\nthat an owner of a motor vehicle has been convicted three or more times\nwithin a period of five years of a violation of subparagraph (ii),\n(ii-a) or (iii) of paragraph (b) of subdivision one of section four\nhundred two of this chapter not arising out of the same incident, the\ncommissioner or the commissioner's agent may suspend the registration of\nthe motor vehicle involved in such violation for a period of ninety\ndays. The commissioner may, in the commissioner's discretion, deny a\nregistration or renewal application to any other person for the same\nvehicle and may deny a registration or renewal application for any other\nmotor vehicle registered in the name of the applicant where the\ncommissioner has determined that such registrant's intent has been to\nevade the purposes of this paragraph and where the commissioner has\nreasonable grounds to believe that such registration or renewal will\nhave the effect of defeating the purposes of this paragraph. Such denial\nshall remain in effect only as long as the suspension entered pursuant\nto this paragraph remains in effect.\n  (b) Upon receipt of notification from a court or an administrative\ntribunal that an owner of a motor vehicle has failed to comply with\nparagraph (b) or (c) of subdivision eight of section four hundred two of\nthis chapter, the commissioner or the commissioner's agent may suspend\nthe registration of the motor vehicle involved in such violation and\nsuch suspension shall remain in effect until such time as the\ncommissioner is advised that such owner has complied with such\nparagraphs, as applicable. The commissioner may, in the commissioner's\ndiscretion, deny a registration or renewal application to any other\nperson for the same vehicle and may deny a registration or renewal\napplication for any other motor vehicle registered in the name of the\napplicant where the commissioner has determined that such registrant's\nintent has been to evade the purposes of this paragraph and where the\ncommissioner has reasonable grounds to believe that such registration or\nrenewal will have the effect of defeating the purposes of this\nparagraph. Such denial shall remain in effect only as long as the\nsuspension entered pursuant to this paragraph remains in effect.\n  * 4-i. Suspension of registration for circumventing or tampering with\nan intelligent speed assistance device or failing to install such\ndevice.  (a) Upon receipt of notification from an administering agency\nin the city of New York that an owner of a motor vehicle has been\nconvicted of a subsequent violation of paragraph a of subdivision nine\nof section sixteen hundred forty-two-b of this chapter, the commissioner\nor the commissioner's agent shall suspend the registration of the motor\nvehicle involved in such violation for a period of twelve months. Such\nsuspension shall take effect no less than thirty days from the date on\nwhich notice thereof is sent by the commissioner to the person whose\nregistration or privilege is suspended.\n  (b) Upon receipt of certification from an administering agency in the\ncity of New York that an owner of a motor vehicle has failed to install\nand provide proof of installation of an intelligent speed assistance\ndevice within forty-five days of the date by which such installation and\nproof are required as provided in paragraph b of subdivision nine of\nsection sixteen hundred forty-two-b of this chapter, the commissioner or\nthe commissioner's agent shall suspend the registration of each motor\nvehicle involved in such violation. Such suspension shall take effect no\nless than thirty days from the date on which notice thereof is sent by\nthe commissioner to the person whose registration or privilege is\nsuspended and shall remain in effect for a particular motor vehicle\nuntil the commissioner is notified by the administering agency as\nrequired herein that the owner has installed an intelligent speed\nassistance device on such particular motor vehicle and provided proof of\nsuch installation to such administering agency. Upon the compliance of\nsuch owner with an order to install an intelligent speed assistance\ndevice and to provide proof of compliance to the administering agency as\nrequired pursuant to paragraph (b) of subdivision nine of section\nsixteen hundred forty-two-b of this chapter, the administering agency\nshall forthwith certify that fact to the commissioner, in such manner\nand form as the commissioner may prescribe.\n  (c) For the purposes of this subdivision, the term "administering\nagency" shall have the same meaning as such term is defined in paragraph\na of subdivision one of section sixteen hundred forty-two-b of this\nchapter.\n  * NB Effective May 26, 2027\n  * NB Repealed July 1, 2032\n  5. Restoration. A license or registration may be restored by direction\nof the commissioner but not otherwise. Reversal on appeal, of any\nconviction because of which any license or registration has been revoked\nor suspended, shall entitle the holder to restoration thereof forthwith.\nThe privileges of a non-resident may be restored by direction of the\ncommissioner in his discretion but not otherwise.\n  6. Restrictions. a. Where revocation is mandatory hereunder, no new\nlicense shall be issued for at least six months or, in certain cases a\nlonger period as specified in this chapter, nor thereafter, except in\nthe discretion of the commissioner of motor vehicles.\n  b. Except as otherwise provided in paragraph c of this subdivision,\nwhere revocation is mandatory pursuant to subparagraph (iii) of\nparagraph a of subdivision two of this section, no new commercial\ndriver's license shall be issued for at least one year nor thereafter\nexcept in the discretion of the commissioner, except that if such person\nhas previously been found to have refused a chemical test pursuant to\nsection eleven hundred ninety-four of this chapter or has a prior\nconviction of any of the following offenses: any violation of section\neleven hundred ninety-two of this chapter; any violation of subdivision\none or two of section six hundred of this chapter; or has a prior\nconviction of any felony involving the use of a motor vehicle pursuant\nto paragraph (a) of subdivision one of section five hundred ten-a of\nthis article, then such commercial driver's license revocation shall be\npermanent.\n  c. Where revocation is mandatory pursuant to subdivision one of\nsection five hundred ten-a of this chapter or subparagraph (iii) of\nparagraph a of subdivision two of this section and the violation of\nsubdivision two of section six hundred of this chapter was committed\nwhile operating a commercial motor vehicle transporting hazardous\nmaterials, no new commercial driver's license shall be issued for at\nleast three years nor thereafter except in the discretion of the\ncommissioner, except that if such person has previously been found to\nhave refused a chemical test pursuant to section eleven hundred\nninety-four of this chapter or has a prior conviction of any of the\nfollowing offenses: any violation of section eleven hundred ninety-two\nof this chapter; any violation of subdivision one or two of section six\nhundred of this chapter; or has a prior conviction of any felony\ninvolving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of section five hundred ten-a of this article, then such\ncommercial driver's license revocation shall be permanent.\n  d. The permanent commercial driver's license revocation required by\nparagraphs b and c of this subdivision may be waived by the commissioner\nafter a period of ten years has expired from such sentence provided:\n  (i) that during such ten year period such person has not been found to\nhave refused a chemical test pursuant to section eleven hundred\nninety-four of this chapter and has not been convicted of any one of the\nfollowing offenses: any violation of section eleven hundred ninety-two\nof this chapter; any violation of subdivision one or two of section six\nhundred of this chapter; or has a prior conviction of any felony\ninvolving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of section five hundred ten-a of this article;\n  (ii) if any of the grounds upon which the permanent commercial\ndriver's license revocation is based involved a finding of refusal to\nsubmit to a chemical test pursuant to section eleven hundred ninety-four\nof this chapter or a conviction of a violation of any subdivision of\nsection eleven hundred ninety-two of this chapter, that such person\nprovides acceptable documentation to the commissioner that such person\nhas voluntarily enrolled in and successfully completed an appropriate\nrehabilitation program; and\n  (iii) after such documentation, if required, is accepted, that such\nperson is granted a certificate of relief from disabilities or a\ncertificate of good conduct pursuant to article twenty-three of the\ncorrection law by the court in which such person was last penalized.\n  e. Upon a third finding of refusal and/or conviction of any of the\noffenses which require a permanent commercial driver's license\nrevocation, such permanent revocation may not be waived by the\ncommissioner under any circumstances.\n  f. Where revocation is mandatory hereunder, based upon a conviction\nhad outside this state, no new license shall be issued until after sixty\ndays from the date of such revocation, nor thereafter, except in the\ndiscretion of the commissioner.\n  g. Except as provided in paragraph k of this subdivision, where\nrevocation is permissive, no new license or certificate shall be issued\nby such commissioner to any person until after thirty days from the date\nof such revocation, nor thereafter, except in the discretion of the\ncommissioner after an investigation or upon a hearing, provided,\nhowever, that where the revocation is based upon a failure in a\nreexamination pursuant to section five hundred six of this chapter, a\nlearner's permit may be issued immediately and provided further, that\nwhere revocation is based upon a conviction of a felony, other than a\nfelony relating to the operation of a motor vehicle or motorcycle, a\nlicense shall be issued immediately, if the applicant is otherwise\nqualified and if the application for such license is accompanied by\nconsent in writing issued by the parole or probation authority having\njurisdiction over such applicant.\n  h. The provisions of this subdivision shall not apply to revocations\nissued pursuant to sections eleven hundred ninety-three and eleven\nhundred ninety-four of this chapter.\n  k. Where revocation is permissive hereunder, based upon a finding of a\nviolation of section three hundred ninety-two or section three hundred\nninety-two-a of this chapter, no new license or certificate shall be\nissued until after one year from the date of such revocation, nor\nthereafter, except in the discretion of the commissioner.\n  l. Where revocation is mandatory pursuant to subparagraph (x) of\nparagraph a of subdivision two of this section, no new license shall be\nissued for at least seventy-five days, nor thereafter except in the\ndiscretion of the commissioner.\n  m. Where revocation is mandatory pursuant to subparagraph (xi) of\nparagraph a of subdivision two of this section, no new license shall be\nissued for at least one hundred twenty days, nor thereafter except in\nthe discretion of the commissioner.\n  n. Notwithstanding the provisions of paragraph a of this subdivision,\nsubdivision two of section five hundred ten-b of this article or\nparagraph (b) of subdivision one of section five hundred ten-c of this\narticle, where revocation is mandatory pursuant to subparagraph (xii) or\nsubparagraph (xiii) of paragraph a of subdivision two of this section,\nno new license shall be issued for at least one year, nor thereafter\nexcept in the discretion of the commissioner.\n  o. Notwithstanding the provisions of paragraph a of this subdivision,\nwhere revocation is mandatory pursuant to subparagraph (iii) of\nparagraph a of subdivision two of this section involving a violation of\nsection three hundred ninety-two of this chapter in relation to an\napplication for the commercial driver's license or the commercial\nlearner's permit being revoked, no new commercial driver's license or\ncommercial learner's permit shall be issued for at least one year, nor\nthereafter except in the discretion of the commissioner.\n  7. Miscellaneous provisions. Except as expressly provided, a court\nconviction shall not be necessary to sustain a revocation or suspension.\nRevocation or suspension hereunder shall be deemed an administrative act\nreviewable by the supreme court as such. Notice of revocation or\nsuspension, as well as any required notice of hearing, where the holder\nis not present, may be given by mailing the same in writing to him or\nher at the address contained in his or her license, certificate of\nregistration or at the current address provided by the United States\npostal service, as the case may be. Proof of such mailing by certified\nmail to the holder shall be presumptive evidence of the holder's receipt\nand actual knowledge of such notice. Attendance of witnesses may be\ncompelled by subpoena. Failure of the holder or any other person\npossessing the license card or number plates, to deliver the same to the\nsuspending or revoking officer is a misdemeanor. Suspending or revoking\nofficers shall place such license cards and number plates in the custody\nof the commissioner except where the commissioner shall otherwise\ndirect. If any person shall fail to deliver a license card or number\nplates as provided herein, any police officer, bridge and tunnel officer\nof the Triborough bridge and tunnel authority, or agent of the\ncommissioner having knowledge of such facts shall have the power to\nsecure possession thereof and return the same to the commissioner, and\nthe commissioner may forthwith direct any police officer, bridge and\ntunnel officer of the Triborough bridge and tunnel authority, acting\npursuant to his or her special duties, or agent of the commissioner to\nsecure possession thereof and to return the same to the commissioner.\nFailure of the holder or of any person possessing the license card or\nnumber plates to deliver to any police officer, bridge and tunnel\nofficer of the Triborough bridge and tunnel authority, or agent of the\ncommissioner who requests the same pursuant to this subdivision shall be\na misdemeanor. Notice of revocation or suspension of any license or\nregistration shall be transmitted forthwith by the commissioner to the\nchief of police of the city or prosecuting officer of the locality in\nwhich the person whose license or registration so revoked or suspended\nresides. In case any license or registration shall expire before the end\nof any period for which it has been revoked or suspended, and before it\nshall have been restored as provided in this chapter, then and in that\nevent any renewal thereof may be withheld until the end of such period\nof suspension or until restoration, as the case may be.\n  The revocation of a learner's permit shall automatically cancel the\napplication for a license of the holder of such permit.\n  No suspension or revocation of a license or registration shall be made\nbecause of a judgment of conviction if the suspending or revoking\nofficer is satisfied that the magistrate who pronounced the judgment\nfailed to comply with subdivision one of section eighteen hundred seven\nof this chapter. In case a suspension or revocation has been made and\nthe commissioner is satisfied that there was such failure, the\ncommissioner shall restore the license or registration or both as the\ncase may be.\n  The commissioner shall provide written notice, in a conspicuous, bold\ntype, to all persons having four license suspensions or revocations,\nwhere a fifth license suspension or revocation could result in a charge\nof aggravated unlicensed operation in the first degree pursuant to\nsubparagraph (v) of paragraph (a) of subdivision three of section five\nhundred eleven of this article, that a fifth such suspension or\nrevocation would subject any person charged under such subparagraph (v)\nto a class E felony with a definite sentence which may not exceed two\nyears.\n  8. Cancellation. Upon receipt of a license which has been surrendered\nto the licensing authority of any other jurisdiction as a prerequisite\nto the issuance of a license by such other jurisdiction in accordance\nwith the provisions of the Driver License Compact or any other laws of\nsuch jurisdiction, the commissioner shall cancel such license. Provided,\nhowever, that such license shall not be cancelled if the licensee is a\nresident of this state.\n  9. Railroad vehicle violations. Upon certification by the commissioner\nof transportation that there has been a violation of section\nseventy-six-b of the railroad law, the commissioner of motor vehicles\nmay rescind, cancel or suspend the registration of any motor vehicle\ndescribed in subdivision one of section seventy-six-b of the railroad\nlaw and may rescind, cancel, suspend or take possession of the current\nregistration certificate and number plates of any such motor vehicle.\n  10. Where a youth is determined to be a youthful offender, following a\nconviction of a violation for which a license suspension or revocation\nis mandatory or where a youth receives a juvenile delinquency\nadjudication in conjunction with a violation of section 240.62 or\nsubdivision five of section 240.60 of the penal law, the court shall\nimpose such suspension or revocation as is otherwise required upon\nconviction and, further, shall notify the commissioner of said\nsuspension or revocation and its finding that said violator is granted\nyouthful offender status as is required pursuant to section five hundred\nthirteen of this chapter or received a juvenile delinquency\nadjudication.\n  11. Notwithstanding any contrary provision of law, the division of\ncriminal justice services is authorized to share with the commissioner\nsuch criminal history information in its possession as may be necessary\nto effect the provisions of this chapter.\n
N.Y. SOS Law § 410-F — New York Code / Act SOS / Article 6 / Title 5-A / Section 410-F
Regulation of eligible borrowers
Status: in_force

§ 410-f.  Regulation of eligible borrowers.  1.  Every eligible\nborrower, as a condition precedent to borrowing funds from the agency,\nshall enter into a regulatory agreement with the commissioner which\nshall provide:\n  (a)  that the real property or other assets mortgaged or otherwise\npledged to the agency shall not be sold, transferred, encumbered or\nassigned until the eligible borrower shall have repaid in full all\nobligations under the mortgage of the agency and has paid such other\nobligations as may be required by the commissioner provided, however,\nthe provisions of this paragraph (a) shall not apply to any actions\ntaken pursuant to section four hundred ten-l of this article;\n  (b)  that the eligible borrower will maintain books and records and a\nsystem of accounts satisfactory to the commissioner and the agency\nincluding but not limited to separate books, records and accounts for\n(i) all monies advanced to the eligible borrower by the agency or from\nany other source or sources, public or private, for the construction,\nreconstruction, rehabilitation, improvement or equipment of the project\nand (ii) all monies repaid in satisfaction of any indebtedness to the\nagency or other indebtedness as required by the commissioner; and the\neligible borrower agrees that all of its books, records and accounts\nshall be open to examination by the commissioner and the agency at any\ntime;\n  (c)  that the eligible borrower shall file with the commissioner and\nthe agency such financial statements including an annual report setting\nforth such information as the commissioner may require;\n  (d)  that the eligible borrower shall not acquire any real property or\ninterest therein for the purpose of constructing, reconstructing,\nrehabilitating or improving a project without first having obtained from\nthe commissioner a certificate that such acquisition is consistent with\nthe purposes of this article;\n  (e)  that the eligible borrower shall not issue notes, bonds,\ndebentures or other obligations other than for money or property\nactually received for the use and lawful purposes of the eligible\nborrower and no such note, bond, debenture or other obligation shall\nconstitute a lien or encumbrance against the project, or any real\nproperty or other asset mortgaged or otherwise pledged to the agency;\n  (f)  that the eligible borrower shall not without first having\nobtained the written consent of the commissioner:\n  (i)  construct, reconstruct, rehabilitate, improve, alter or repair\nthe project or enter into a contract therefor;\n  (ii)  enter into contracts relating to the management or operation of\nthe project;\n  (iii)  make a guaranty of payment out of monies pledged to the agency\nor pledge any or all of its assets, income or revenue pledged to the\nagency to secure payment of its obligations;\n  (iv)  lease a project or a portion thereof to a third party for the\npurposes of operation;\n  (v)  voluntarily dissolve;\n  (g)  that no member, officer or employee of the corporation which is\nan eligible borrower shall acquire any interest, direct or indirect, in\nany property then or thereafter included or planned to be included in a\nproject, nor retain any interest direct or indirect in any property\nacquired subsequent to his appointment or employment which is later\nincluded or planned to be included in a project.  If any member, officer\nor employee of a corporation which is an eligible borrower owns or\ncontrols an interest, direct or indirect, in any property included in a\nproject which was acquired prior to his appointment or employment, he\nshall disclose such interest and the date of acquisition to the\ncorporation and such disclosure shall be entered upon the minutes of\nsuch corporation and a copy of such minutes shall be forwarded to the\ncommissioner;\n  (h)  that all income and earnings of the eligible borrower shall be\nused exclusively for its corporate purposes;\n  (i)  that no part of the net income or earnings of the corporation\nshall inure to the benefit or profit of any private individual, firm or\ncorporation;\n  j.  That the eligible borrower, in the case of a residential child\ncare center project, will be subject to the visitation, inspection and\nsupervision of the department, and that the eligible borrower, in the\ncase of a day care center project will be subject to the visitation,\ninspection and supervision of the department, as to any and all acts in\nrelation to the welfare of children to be performed pursuant to this\ntitle;\n  (k)  such other matters as the commissioner or the agency may require;\n  2.  This regulatory agreement shall terminate at any time after the\nexpiration of ten years after the occupancy date upon the consent of the\ncommissioner and upon the repayment in full of all obligations under the\nmortgage of the agency and of such other obligations as the commissioner\nmay require.\n
N.Y. EDN Law § 3812 — New York Code / Act EDN / Title 5 / Article 77 / Section 3812
Payment of costs, charges and expenses by vote of district meeting
Status: in_force

§ 3812. Payment of costs, charges and expenses by vote of district\nmeeting.  1. Whenever the trustees or board of education or any school\ndistrict officer shall have brought or defended any such action or\nproceeding, without any such resolution of the district meeting, and\nafter the final determination of such suit or proceeding, shall present\nto any regular meeting of the inhabitants of the district, an account,\nin writing, of all costs, charges and expenses paid by him or them, with\nthe items thereof, and verified by his or their oath or affirmation, and\na majority of the voters at such meeting shall so direct, it shall be\nthe duty of the trustees to cause the same to be assessed upon and\ncollected of the taxable property of said district, in the same manner\nas other taxes are by law assessed and collected; and, when so\ncollected, the same shall be paid over, by an order upon the collector\nor treasurer to the officers entitled to receive the same.\n  2. The provision of subdivision one of this section shall not extend\nto suits for penalties, nor to suits or proceedings to enforce the\ndecisions of the commissioner of education.\n
N.Y. ENV Law § 19-0505 — New York Code / Act ENV / Article 19 / Title 5 / Section 19-0505
Notice of violation and public hearing
Status: in_force

§ 19-0505. Notice of violation and public hearing.\n  Whenever it shall appear to the commissioner that there has been a\nviolation of any code, rule or regulation of the department promulgated\npursuant to this article, the commissioner shall cause to have issued\nand served upon the alleged violator a written notice, which shall\nspecify the provision of the code, rule or regulation of which such\nperson is said to be in violation, a statement of the manner in, and of\nthe extent to which, such person is said to violate it, and the order\nwhich the commissioner proposes to issue, and shall require such person\nto answer the charges of such complaint at a public hearing before the\ncommissioner at a time not less than fifteen days after the date of\nnotice. The commissioner may modify the proposed order following the\nhearing or upon the consent of the alleged violator. The alleged\nviolator may, at any time, waive such right to a public hearing.\n
N.Y. RPT Law § 594 — New York Code / Act RPT / Article 5 / Title 5 / Section 594
Assessment of oil and gas economic units
Status: in_force

§ 594. Assessment of oil and gas economic units. 1. Oil and gas\neconomic units shall be assessed only in the manner provided in this\ntitle.  Notwithstanding the provisions of subdivision two of section\nfive hundred two of this article, oil and gas economic units shall be\nassessed in the name of the producer and shall be described on a\nseparate subsection of the taxable section of the assessment roll by\nsuch identifying characters as the commissioner may prescribe by rule.\nFor purposes of assessments under this title a producer may certify to\neach assessor the address to which the assessment for an economic unit\nand the notice pursuant to subdivision one of section five hundred\nninety-five of this title shall be sent.\n  2. Upon receipt of the appropriate unit of production values certified\nby the commissioner, each assessor shall compute and determine, in\naccordance with rules promulgated by the commissioner, the assessed\nvalue of oil and gas economic units located in that assessing unit. Any\nlocal officers, including school authorities, having custody and control\nof the assessment roll when final unit of production values are\ncertified by the commissioner, shall make the changes, if any, occurring\nas a result of such certification. Except as otherwise provided for in\nthis subdivision and subdivision three of this section, oil and gas\neconomic units shall be assessed as follows: multiply (1) the\nappropriate unit of production value; times (2) the amount of production\nfrom that economic unit in the production year; times (3) the latest\nstate equalization rate or special equalization rate, except that where\nsuch rate exceeds or would exceed one hundred, a special equalization\nrate of one hundred percent shall be established by the commissioner for\npurposes of this section. The value of all elements in an oil and gas\neconomic unit shall be deemed to be included in the value of such\neconomic unit and shall not be separately assessed. Assessment of gas\neconomic units shall be based on actual measured annual production\nduring the life of the well or wells in that unit even though such\nannual production may be non-existent due to non-connection,\nnon-completion, shut-in or other circumstances which prevent production\nof oil and/or gas. Annual production of the economic unit shall be based\non the production year.  The foregoing notwithstanding, upon the\nexercise of gas rights, each gas economic unit shall be subject to a\nminimum assessment for two one year periods based on a minimum annual\nproduction equivalent of two million four hundred thousand cubic feet.\nSuch minimums shall be applied during the life of the well in\nconsecutive or nonconsecutive years, whenever such well has an annual\nproduction of less than two million four hundred thousand cubic feet.\nUpon completion of the second year minimum tax assessment, a gas\neconomic unit shall be assessed on actual measured annual production of\ngas. For purposes of assessing gas economic units, no minimum assessment\nshall be applied to any gas economic unit existing on or before January\nfirst, nineteen hundred eighty-six and such economic units shall be\nassessed only on actual measured annual production. Oil economic units\nshall be assessed on the basis of actual measured annual production.\n  3. Economic units including oil and gas rights contained therein shall\nnot be eligible for any exemption from taxation except as provided in\nthe following circumstances:\n  (a) Oil and gas rights and other elements of economic units shall be\nexempt from taxation if owned by a school district or board of\ncooperative educational services;\n  (b) Oil and gas rights and other elements of economic units shall be\nexempt from taxation if owned by an organization whose property is\nexempt from taxation pursuant to section four hundred twenty-a of this\nchapter, except that such property shall be taxable to the extent that\nthe oil and gas produced is sold rather than used by the owner,\nregardless of the use to which the revenues are devoted;\n  (c) Unless a local law, ordinance or resolution has been adopted\npursuant to paragraph (a) of subdivision one of section four hundred\ntwenty-b of this chapter, oil and gas rights and other elements of\neconomic units shall be exempt from taxation if owned by an organization\nwhose property is exempt pursuant to such section four hundred twenty-b,\nexcept that such property shall be taxable to the extent that the oil\nand gas produced is sold rather than used by the owner, regardless of\nthe use to which the revenues are devoted; and\n  (d) Oil and gas rights and other elements of economic units shall be\nexempt from taxation if the gas produced in the economic unit is\ncollected from a landfill or used to power farm waste energy systems or\nfarm waste electric generating equipment, as such term is defined in\nsection sixty-six-j of the public service law. Such exemption shall\napply to property on assessment rolls based on taxable status dates\noccurring on or before December thirty-first, two thousand seventeen.\n  4. Where an oil or gas economic unit is located within more than one\nassessing unit, the appropriate county director or county directors\nshall certify to the assessors the percentage of capital investment in\nproperty located within each such assessing unit. The assessor shall\napportion the assessment of economic units among school districts and\nspecial districts based upon the percentage of capital investment\nlocated within each such district.\n
N.Y. EDN Law § 3625 — New York Code / Act EDN / Title 5 / Article 73 / Part 2 / Section 3625
Contracts
Status: in_force

§ 3625. Contracts.  1. Form of transportation contracts. Every\ncontract for transportation of school children shall be in writing or in\nan electronic form approved by the commissioner when available, and\nbefore such contract is filed with the department as required by\nsubdivision two of this section, the same shall be submitted for\napproval to the superintendent of schools of said district and such\ncontract shall not be approved and filed by such superintendent unless\nhe or she shall first investigate the same with particular reference to\nthe type of conveyance, the character and ability of the driver, the\nroutes over which the conveyances shall travel, the time schedule, and\nsuch other matters as in the judgement of the superintendent are\nnecessary for the comfort and protection of the children while being\ntransported to and from school. Every such contract for transportation\nof children shall contain an agreement upon the part of the contractor\nthat the vehicle shall come to a full stop before crossing the track or\ntracks of any railroad and before crossing any state highway.\n  2. Filing of transportation contracts. Every transportation contract\nshall be filed with the department within one hundred twenty days of the\ncommencement of service under such contract. No transportation expense\nshall be allowed for a period greater than one hundred twenty days prior\nto the filing of any contract for the transportation of pupils with the\neducation department. No contract shall be considered filed unless it\nbears an original signature, in the case of a written document, or a\ncertification, in the case of an approved electronic form, of the\nsuperintendent of a school district or the designee of the\nsuperintendent and the sole trustee or president of the board of\neducation of the school district. The final approval of any such\ncontract by the commissioner shall not, however, obligate the state to\nallow transportation expense in an amount greater than the amount that\nwould be allowed under the provisions of this part. The state, acting\nthrough the department of audit and control, may examine any and all\naccounts of the contractor in connection with a contract for the\ntransportation of pupils, and every such contract shall contain the\nfollowing provision: "The contractor hereby consents to an audit of any\nand all financial records relating to this contract by the department of\naudit and control."\n  3. Allowable expense for transportation contracts. The allowable\ntransportation expense for any school district contracting for the use\nof a bus or buses for the transportation of any or all the pupils\nattending school in such school district, other than a contract with a\npublic service facility for such transportation operated on routes under\nfranchise or operated by a municipality or public authority, shall be\ndetermined in the same manner as though such bus or buses were district\nowned, except that the amount computed for such bus or buses used in the\ncomputation of the transportation expense may not exceed the amount of\nthe contract or contracts for such bus or buses.\n  4. No transportation aid or other public moneys shall be apportioned\nand paid as provided in this chapter to any district furnishing\ntransportation for pupils until the contract for transportation shall\nalso have been approved by the commissioner. In defraying any expense\nincurred in providing transportation of any pupils or children under any\nprovision of this chapter, public moneys apportioned to the district in\nwhich such pupils or children reside may be used therefor.\n  5. Transportation contract penalties. a. All acts done and proceedings\nheretofore had and taken, or caused to be had and taken, by school\ndistricts and by all its officers or agents relating to or in connection\nwith a transportation contract, to be filed with the department, where\nsuch contract was not timely executed and/or filed within one hundred\ntwenty days of the commencement of service under such contract pursuant\nto subdivision two of this section and/or where the advertisement for\nbids for such contract did not meet the requirements set forth in\nparagraph a of subdivision fourteen of section three hundred five of\nthis chapter, and all acts incidental hereto are hereby legalized,\nvalidated, ratified and confirmed, notwithstanding any failure to comply\nwith such filing and/or advertising provision or provisions, provided\nthat the conditions in subparagraphs one, two, three, and four of\nparagraph b of this subdivision are met.\n  b. The department is hereby directed to consider the aforementioned\ncontracts for transportation aid as valid and proper obligations and\nshall not recover from such school districts any penalty arising from\nthe failure to execute and/or file a transportation contract in a timely\nmanner and/or meet such advertisement requirements, provided that any\namounts already so recovered shall be deemed a payment of moneys due for\nprior years pursuant to paragraph c of subdivision five of section\nthirty-six hundred four of this article and shall be paid to the school\ndistrict pursuant to such provision, provided that:\n  (1) such school district submitted the contract to the commissioner\nand such contract is for services in the two thousand twelve--two\nthousand thirteen school year or thereafter;\n  (2) such contract is approved by the commissioner;\n  (3) all state funds expended by the school district were properly\nexpended for such transportation as approved by the commissioner; and\n  (4) the failure to execute or file such contract in a timely manner\nand/or meet such advertisement requirements was an inadvertent\nadministrative or ministerial oversight by the school district or due to\nextenuating circumstances, and there is no evidence of any fraudulent or\nother improper intent by such district, as determined by the\ncommissioner.\n
N.Y. LFN Law § 71.00 — New York Code / Act LFN / Article 2 / Title 5 / Section 71.00
Conversion of coupon bonds into registered bonds
Status: in_force

§ 71.00 Conversion of coupon bonds into registered bonds.  a. If a\ncoupon bond so provides, the holder thereof may present such bond to the\nregistration agent with a written request for its conversion into a\nregistered bond. The registration agent shall thereupon cut off and\ndestroy the coupons and endorse a certificate of such conversion upon\nthe bond.\n  b. The certificate of conversion shall contain a statement, properly\ndated, of the amount and value of such coupons, and that the interest,\nat the rate and on the dates stated in the bond and as was provided by\nthe coupons, as well as the principal, is to be paid to the registered\nholder, his legal representatives, successors or transferees, at the\nplace or places stated in the bond and as was stated in the coupons,\nunless such place or places shall be changed with the written consent of\nthe holder.\n  c. When the coupons have been cut off and destroyed, and a certificate\nof conversion has been properly endorsed upon the bond, such bond shall\nthen be registered as provided in section 75.00 of this chapter.\n
N.Y. EDN Law § 3623 — New York Code / Act EDN / Title 5 / Article 73 / Part 2 / Section 3623
School buses
Status: in_force

§ 3623. School buses.  1. a. The commissioner of transportation in\nconsultation with the commissioner shall adopt, promulgate and enforce\nrules, standards and specifications regulating and controlling the\nefficiency and equipment of school buses used to transport pupils, with\nparticular regard to the safety and convenience of such pupils and the\nsuitability and adaptability of such school buses to the requirements of\nthe school district.  No school bus shall be purchased by a school\ndistrict or used for the transportation of pupils unless and until it\nhas been approved by the commissioner of transportation as complying\nwith the rules, standards and specifications relating thereto.\n  b. No bus manufactured after January first, nineteen hundred\nseventy-four shall be used to transport pupils under any contract with a\nschool district or board of cooperative educational services unless it\nhas been similarly approved by the commissioner of transportation,\nexcept that no such approval shall be required for buses used to\ntransport pupils and also used to serve the general public under a\ncertificate of public convenience for the operation of a bus line,\ngranted pursuant to the transportation law or for buses used to\ntransport pupils, teachers and other persons acting in a supervisory\ncapacity to and from school activities and which bus does not receive or\ndischarge passengers on or along the public highways on regularly\nscheduled routes and is operating under a permit as a contract carrier\nof passengers granted pursuant to the transportation law or by the\ninterstate commerce commission.  School buses manufactured or assembled\nprior to April first, nineteen hundred seventy-seven may not be used to\ntransport pupils, teachers and other persons acting in a supervisory\ncapacity to and from school activities.\n  c. The commissioner shall establish and provide for the enforcement of\nrules and regulations requiring instruction on the use of seat safety\nbelts as specified in subdivision five of section three hundred\neighty-three of the vehicle and traffic law and section thirty-six\nhundred thirty-five-a of this chapter, drills in safe boarding and\nexiting procedures and emergency drills to be conducted on all school\nbuses and shall emphasize specific hazards encountered by children\nduring snow, ice, rain and other inclement weather. All such drills\nshall include instruction in the importance of orderly conduct by all\nschool bus passengers.  A minimum of three such drills shall be had on\neach school bus during the school year, the first to be conducted during\nthe first seven days of session of the fall term.\n  2. The commissioner shall, after public hearing, promulgate rules and\nregulations requiring drills on school buses for those pupils who do not\nparticipate in such drills required by subdivision one of this section,\nand the commissioner may provide by such rules and regulations for\ninstructional alternatives to carry out the purposes of this\nsubdivision.\n
N.Y. EDN Law § 3612 — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3612
Teachers of tomorrow teacher recruitment and retention program
Status: in_force

§ 3612. Teachers of tomorrow teacher recruitment and retention\nprogram.  1. Definitions. a. The term "teacher shortage area" means a\npublic school or subject area in which there was a shortage of certified\nteachers in the previous school year and there is a projected shortage\nin the current school year as determined by the commissioner.\n  b. The term "certified teacher" means a teacher who holds a state\nteaching certificate appropriate to the teaching position, including the\nsubject area if applicable, in which he or she is to be employed.\n  c. The term "school district" shall mean a common, union free,\ncentral, central high school, or city school district.\n  d. The term "board of education" shall mean the governing board of any\npublic school or public school district defined in paragraph c of this\nsubdivision.\n  e. The term "low performing school" shall mean a school building which\nis under registration review or a school building performing\nsignificantly below state standards as defined by the commissioner.\n  f. The term "year of service" shall mean ten months of continuous\nfull-time service as a teacher during a school year, generally occurring\nbetween September first and June thirtieth.\n  2. Application and funding. a. Grants shall be made to school\ndistricts for teacher recruitment, retention and certification\nactivities necessary to increase the supply of qualified teachers in\nschool districts experiencing a teacher shortage in accordance with\nsubdivisions three, four, five, seven and eight of this section and in\nschool districts containing a low-performing school pursuant to\nsubdivision six of this section.\n  b. Such grants shall be awarded to school districts, within the limits\nof funds appropriated therefor, through a competitive process that takes\ninto consideration the magnitude of any shortage of teachers in the\nschool district, the number of teachers employed in the school district\nwho hold temporary licenses to teach in the public schools of the state,\nthe number of provisionally certified teachers, the fiscal capacity and\ngeographic sparsity of the district, the number of new teachers the\nschool district intends to hire in the coming school year and the number\nof summer in the city student internships proposed by an eligible school\ndistrict, if applicable. Grants provided pursuant to this section shall\nbe used only for the purposes enumerated in this section.\nNotwithstanding any other provision of law to the contrary, a city\nschool district in a city having a population of one million or more\ninhabitants receiving a grant pursuant to this section may use no more\nthan eighty percent of such grant funds for any recruitment, retention\nand certification costs associated with transitional certification of\nteacher candidates for the school years two thousand one--two thousand\ntwo through two thousand twenty-eight--two thousand twenty-nine.\n  c. Not more than sixty percent of the funds allocated pursuant to this\nsection shall be made available to any one school district and provided\nfurther that a city school district in a city with populations in excess\nof one million inhabitants may, notwithstanding any other provision of\nthis section, allocate a portion of the grant received pursuant to this\nsection for teacher recruitment and outreach activities provided that\nany allocation for teacher recruitment and outreach activities shall not\nexceed two hundred twenty-five thousand dollars.\n  d. In allocating grants pursuant to this section, a school district\nshall give priority in the following order:\n  (1) first, to a school under registration review that is designated as\na teacher shortage area;\n  (2) second, to any school performing significantly below state\nstandards as defined by the commissioner; and\n  (3) third, to any school that is designated as a teacher shortage\narea.\n  e. Any school district receiving funds under this section shall\nmaintain any local effort in the current year equivalent to such effort\nin the base year for any local program related to the recruitment or\nretention of teachers or any program that has purposes that are similar\nto any purpose of this section or the district shall provide a local\nmatch to state funds received pursuant to this section. State funds\nprovided pursuant to this section shall not supplant local funds for any\npurpose similar to the purposes of this section.\n  f. Applications by a school district for funding pursuant to this\nsection shall be filed with the commissioner, in a form determined by\nthe commissioner, by June first of the base year and school districts\nshall be notified of their grant award by June thirtieth of the base\nyear, provided that in any year such application and award dates may be\nmodified by the commissioner for the reasonable administration of the\nprogram. Such application shall include a plan by the school district\nfor the expenditure of the funds in each category of allowable expenses\nauthorized by subdivisions three, four, five, six, seven and eight of\nthis section, and such expenditures shall be consistent with such plan\nand the provisions of this section.\n  g. A person receiving an award pursuant to any subdivision of this\nsection shall not be eligible for an award pursuant to any other\nsubdivision of this section in a school year.\n  3. Teachers of tomorrow teacher recruitment incentive program.\nTeachers of tomorrow teacher recruitment incentive awards may be\navailable to teachers pursuant to the provisions of this subdivision to\nattract teachers to employment in teacher shortage areas.\n  a. Eligibility. To be eligible for an award pursuant to this\nsubdivision, an applicant shall:\n  (1) have initial, provisional, permanent or professional certification\nto teach in New York state;\n  (2) agree to a service obligation of one year of service in a teacher\nshortage area as a condition of receiving an award pursuant to this\nsubdivision; and\n  (3) be employed for the first time as a teacher in the school\ndistrict.\n  b. Application and selection. (1) The board of education shall\ndetermine the form of the application and the application process for\nteachers deemed eligible for the award, and shall in its discretion\nselect the number of eligible applicants who will receive an award\npursuant to this subdivision.\n  (2) If the number of eligible applicants exceeds the number of awards\ndetermined by the board pursuant to this subdivision then the board\nshall use an objective competitive process based on educational\nqualifications to determine which eligible applicants shall receive\nawards.\n  c. Payment of awards. (1) Annual awards from state and local funds\nprovided for this purpose shall be paid by the board of education to the\naward recipient. Award recipients shall be entitled to receive awards\npursuant to the provisions of this subdivision and such awards shall be\nin addition to and not part of any award recipient's base salary.\n  (2) The initial annual award shall be three thousand four hundred\ndollars, and such initial award may be renewable each year, for up to\nthree additional years, provided that the recipient agrees to one year\nof service as a full-time teacher in a teacher shortage area for each\nyear of a renewed award and has provided satisfactory service in any\nprior year in which an initial or renewed award was granted to the\nrecipient. No awards shall be made for less than one school year of\nservice and the sum of any initial and renewed awards shall not exceed\nthirteen thousand six hundred dollars.\n  Awards made pursuant to this subdivision shall be used to reimburse\nany educational costs, including those for which student loans may have\nbeen taken, incurred by the recipient prior to receipt of the award for\ncertification as a teacher in the public schools of the state.\n  (3) The board of education shall develop and secure from the award\nrecipient a written agreement outlining the service obligation. Such\nagreement shall include provisions for the recipient to repay the amount\nof the award to the school district if the recipient fails to complete\ntheir service obligation in any year where an initial or renewed award\nis granted, and such repaid amounts shall be deducted from any grant\namounts due to the district from the state pursuant to this section.\nUpon a written appeal by an award recipient, the board of education, in\nits discretion, may provide a waiver of repayment provisions for an\naward recipient who fails to complete his or her service requirement for\ndocumented reasons of health or other severe hardship, as determined by\nthe commissioner.\n  d. Notification. The board of education shall notify both successful\nand unsuccessful applicants by September first of any school year for\nwhich an initial or renewed award is provided to teachers pursuant to\nthis subdivision.\n  4. Teachers of tomorrow certification stipends. Teachers of tomorrow\ncertification stipends may be available to eligible teachers pursuant to\nthis subdivision for the purpose of providing additional training and\neducation required for the applicants to obtain initial or provisional\ncertification. Such additional training and education may be held during\nthe summer or during any other season or time of the year.\n  a. Eligibility. To be eligible for an award pursuant to this\nsubdivision, an applicant shall:\n  (1) provide proof that he or she has received a temporary license to\nteach from the commissioner and at the time of application does not hold\nany initial, provisional, permanent or professional certification to\nteach in the public schools of the state; and\n  (2) agree to a service obligation of one year of service in a teacher\nshortage area as a condition for receiving an award pursuant to this\nsubdivision.\n  b. Application and selection. (1) The board of education shall\ndetermine the form of the application and the application process for\nteachers deemed eligible for the award, and shall in its discretion\nselect the number of eligible applicants who will receive an award\npursuant to this subdivision.\n  (2) If the number of eligible applicants exceeds the number of awards\ndetermined by the board pursuant to this subdivision then the board\nshall use an objective competitive process based on educational\nqualifications to determine which eligible applicants shall receive\nawards.\n  c. Payment of awards. (1) Annual awards from state and local funds\nprovided for this purpose shall be paid by the board of education to the\naward recipient. No award shall be made for less than one year of\nservice.\n  (2) Allowable expenses. Awards may be used for the payment of expenses\nincurred by the recipient for the following purposes:\n  (i) tuition charged for test preparation workshops intended to prepare\nrecipients to pass teacher certification exams required for initial or\nprovisional teacher certification, which shall be provided by the board\nof education either through a contract for such services or by providing\nsuch services through employees of the board of education; and\n  (ii) tuition charged for any additional coursework at an accredited\ninstitution of higher education required of the recipient to receive\ninitial or provisional teacher certification, as determined by the\ncommissioner.\n  (3) Certification stipends of two thousand dollars each may be\nprovided pursuant to this subdivision to award recipients. Fifty percent\nof each award amount shall be payable from state funds provided to the\nschool district pursuant to this section and the remaining fifty percent\nshall be payable by the board of education from other sources of\nrevenue, provided that if the board of education elects to provide the\nservices described in clause (i) of subparagraph two of this paragraph\nthen such remaining fifty percent share may be paid by the board through\nin-kind direct services to the award recipient.\n  (i) Awards shall be paid to award recipients upon proof of the\nrecipient's expenditure for allowable expenses as provided for in\nclauses (i) and (ii) of subparagraph two of this paragraph.\n  (ii) Such awards shall be in an amount of two thousand dollars per\naward or the actual expenses incurred by the recipient, whichever is\nless.\n  (iii) No person shall be eligible for more than one award pursuant to\nthis subdivision.\n  (4) The board of education shall develop and secure from the award\nrecipient a written agreement outlining the service obligation. Such\nagreement shall include provisions for the recipient to repay the amount\nof the award to the school district if the recipient fails to complete\ntheir service obligation in any year where an award is granted, and such\nrepaid amounts shall be deducted from any grant amounts due to the\ndistrict from the state pursuant to this section. Upon a written appeal\nby an award recipient, the board of education, in its discretion, may\nprovide a waiver of repayment provisions for an award recipient who\nfails to complete his or her service requirement for documented reasons\nof health or other severe hardship, as determined by the commissioner.\n  d. Notification. The board of education shall notify both successful\nand unsuccessful applicants by September first of any school year for\nwhich an initial or renewed award is provided to teachers pursuant to\nthis subdivision.\n  5. Teachers of tomorrow summer in the city internship program. City\nschool districts in cities with populations in excess of one hundred and\ntwenty-five thousand inhabitants shall be eligible to apply for funding\npursuant to this section for summer in the city student internships for\nthe purpose of attracting prospective teachers to opportunities in urban\neducation.\n  a. Eligibility. To be eligible for an award pursuant to this\nsubdivision, a student shall:\n  (1) have completed sixty or more hours of credit bearing college\ncourses, be in good academic standing as determined by the higher\neducation institution of attendance, have attended an accredited New\nYork state college or university full-time in the base year, be enrolled\nin a registered program for the preparation of teachers at an accredited\nNew York state institution of higher education or have indicated a\ndesire to enter the teaching profession, and are recommended by their\ncollege or university to participate in the program.\n  (2) agree to a service obligation of the full duration of the\ninternship program, as determined by the board of education.\n  b. Application and selection. (1) Boards of education in school\ndistricts that are eligible for funding pursuant to this section shall\ndevelop and distribute an application to the accredited colleges and\nuniversities of the state which have approved teacher education\nprograms. Such application shall include at a minimum a description of\nthe program including:\n  (i) the duration of the program which shall operate for at least five\nor more weeks during the months of June through August generally;\n  (ii) the amount of any stipend for the program;\n  (iii) available housing for the program;\n  (iv) the training and professional development opportunities afforded\nto the student; and\n  (v) the amount of time the student will spend in direct contact with\nchildren participating in educational activities.\n  (2) The board of education shall determine the application process for\nstudents deemed eligible for the award, and shall in its discretion\nselect the number of eligible applicants who will receive an award\npursuant to this subdivision.\n  (3) If the number of eligible applicants exceeds the number of awards\ndetermined by the board pursuant to this subdivision then the board\nshall use an objective competitive process based on educational\nqualifications to determine which eligible applicants shall receive\nawards.\n  c. Payment of awards. (1) Annual awards from state funds provided for\nthis purpose shall be paid by the board of education to the award\nrecipient. No award shall be made for less than the duration of the\nprogram, as determined by the board of education. Nothing shall prohibit\na board of education from allowing an eligible applicant from\nparticipating in the program more than once, provided the eligible\napplicant provided satisfactory service in any prior year as determined\nby the board of education.\n  (2) Allowable expenses. Districts may expend funds pursuant to this\nsubdivision for:\n  (i) stipends of up to two thousand dollars per student;\n  (ii) housing for a portion of the students participating in the\nprogram, which shall include provisions for the students to pay a\nportion of the housing costs and to pay a refundable security deposit on\nsuch housing;\n  (iii) orientation, training and professional development of the\nstudents participating in the program; and\n  (iv) other expenses appropriate to the operation of the program, as\napproved by the commissioner.\n  (3) The board of education shall develop and secure from the award\nrecipient a written agreement outlining the service obligation. Such\nagreement shall include provisions for the recipient to repay the amount\nof any stipend provided pursuant to this subdivision to the school\ndistrict if the recipient fails to complete their service obligation for\nany year where an award is granted, and such repaid amounts shall be\ndeducted from any grant amounts due to the district from the state\npursuant to this section. Upon a written appeal by an award recipient,\nthe board of education, in its discretion, may provide a waiver of\nrepayment provisions for an award recipient who fails to complete his or\nher service requirement for documented reasons of health or other severe\nhardship, as determined by the commissioner.\n  d. Colleges and universities may provide credit for the summer in the\ncity program and may charge a fee for such credit or provide the credit\nfree of charge. Participation in the summer in the city program shall\nqualify as a field experience for purposes of any graduation or\ncertification requirement. Students eligible for the program shall\nsubmit their application to the board of education by the date\ndetermined by the board of education.\n  e. Notification. The board of education shall inform eligible\napplicants of their selection for the program by a date determined by\nthe board of education.\n  6. New York state master teacher program. a. New York state master\nteacher awards may be available to teachers pursuant to the provisions\nof this subdivision to attract highly qualified, experienced, expert\nteachers to low performing schools.\n  b. The commissioner shall establish and maintain a list of persons\neligible to serve as master teachers for the purposes of this\nsubdivision.\n  c. School districts eligible to participate in this program are those\ndistricts which contain a school building that has been designated as a\nlow performing school.\n  d. Such school districts, upon notification of eligibility by the\ncommissioner, may apply for funding pursuant to this section to obtain\nmaster teachers to serve in low performing school buildings.\n  e. Eligibility. A person shall be eligible to serve as a master\nteacher if he or she meets the following criteria:\n  (1) he or she has received national board certification from the\nNational Board for Professional Teaching Standards.\n  (2) he or she is to be employed full-time for the school year by a\npublic school designated as a low performing school.\n  (3) he or she agrees to a service obligation of three years of service\nin a low performing school as a condition of receiving awards pursuant\nto this subdivision.\n  f. Application and selection. (1) The board of education shall\ndetermine the form of the application and the application process for\nteachers deemed eligible for the award, and shall in its discretion\nselect the number of eligible applicants who will receive an award\npursuant to this subdivision.\n  (2) If the number of eligible applicants exceeds the number of awards\ndetermined by the board pursuant to this subdivision then the board\nshall use an objective competitive process based on educational\nqualifications to determine which eligible applicants shall receive\nawards.\n  g. Payment of awards. (1) Annual awards from state funds provided for\nthis purpose shall be paid by the board of education to the award\nrecipient.\n  (2) The initial annual award shall be ten thousand dollars, and such\ninitial annual award may be renewable each year, for two additional\nyears, provided that the recipient has provided satisfactory service in\nany prior year in which an initial or renewed annual award was granted\nto the recipient and the recipient continues to fulfill his or her\nservice obligation. No annual awards shall be made for less than one\nyear of service and provided further that the sum of any initial and\nrenewed annual awards shall not exceed thirty thousand dollars.\n  (3) The board of education shall develop and secure from the award\nrecipient a written agreement outlining the service obligation. Such\nagreement shall include provisions for the recipient to repay the amount\nof the annual award to the school district if the recipient fails to\ncomplete a year of service in any year where an initial or renewed award\nis granted, and such repaid amounts shall be deducted from any grant\namounts due to the district from the state pursuant to this section.\nUpon a written appeal by an award recipient, the board of education, in\nits discretion, may provide a waiver of repayment provisions for an\naward recipient who fails to complete his or her service requirement for\ndocumented reasons of health or other severe hardship, as determined by\nthe commissioner.\n  h. Each board of education and particular master teacher shall agree\nto a three-year term in an eligible school building for each master\nteacher appointment and each master teacher shall be assigned partner\nclassroom teachers. In addition to assigned teaching duties, activities\nto be undertaken by the master teacher shall include, but are not\nlimited to, engaging in daily and long-term planning and assessment with\npartner teachers, modeling teaching techniques and strategies, and\nserving as classroom experts who provide ongoing support to teachers and\nchildren.\n  i. Upon completion of such master teacher's term of participation in\nthe program, the master teacher shall have the right to return to the\nposition he or she held immediately prior to appointment as a master\nteacher without loss of tenure, seniority or other employment rights.\n  j. Notification. The board of education shall inform eligible\napplicants of their selection for the program by a date determined by\nthe board of education.\n  7. Teacher recruitment tuition reimbursement program. A tuition\nreimbursement program may be available to teachers pursuant to the\nprovisions of this subdivision, as an incentive to attract qualified\nteachers to teacher shortage areas.\n  a. Definition. The term "approved course" shall mean a course in a\nregistered program for the preparation of teachers at an accredited New\nYork state institution of higher education which is taken towards\nmeeting requirements for permanent certification to teach in the public\nschools of the state.\n  b. Eligibility. A person shall be eligible for a tuition reimbursement\naward if he or she meets the following criteria:\n  (1) has received initial or provisional certification to teach in the\npublic schools of the state and does not hold any permanent or\nprofessional certification to teach in the public schools of the state;\n  (2) he or she is employed full-time for the school year by a public\nschool designated as a teacher shortage area; and\n  (3) he or she agrees to a service obligation of one year of service in\na teacher shortage area as a condition of receiving the award.\n  c. Application and selection. (1) The board of education shall\ndetermine the form of the application and the application process for\nteachers deemed eligible for the award, and shall in its discretion\nselect the number of eligible applicants who will receive an award\npursuant to this subdivision.\n  (2) If the number of eligible applicants exceeds the number of awards\ndetermined by the board pursuant to this subdivision then the board\nshall use an objective competitive process based on educational\nqualifications to determine which eligible applicants shall receive\nawards.\n  d. Payment of awards. (1) Annual awards from state funds provided for\nthis purpose shall be paid by the board of education to the award\nrecipient.\n  (2) The initial reimbursement award shall be seven hundred dollars or\nthe actual cost of one approved course, whichever is less, provided that\na recipient shall be eligible to receive three initial reimbursement\nawards in the school year. Such initial award shall be renewable for up\nto one additional year and such renewed reimbursement award shall be\nseven hundred dollars or the actual cost of one approved course,\nwhichever is less, provided that a recipient shall be eligible to\nreceive three renewed reimbursement awards in the school year, and\nprovided further that such eligible teacher has provided satisfactory\nservice in the prior year as determined by the board of education to be\neligible for any initial or renewed reimbursement awards. In no case\nshall the sum of any initial and renewed reimbursement awards exceed\nfour thousand two hundred dollars.\n  (3) The board of education shall develop and secure from the award\nrecipient a written agreement outlining the service obligation. Such\nagreement shall include provisions for the recipient to repay the amount\nof any reimbursement awards received to the school district if the\nrecipient fails to complete a year of service in any year where any\ninitial or renewed awards are granted, and such repaid amounts shall be\ndeducted from any grant amounts due to the district from the state\npursuant to this section. Upon a written appeal by an award recipient,\nthe board of education, in its discretion, may provide a waiver of\nrepayment provisions for an award recipient who fails to complete his or\nher service requirement for documented reasons of health or other severe\nhardship, as determined by the commissioner.\n  e. After February first, two thousand four, any course for which\ntuition reimbursement is made shall not be counted toward any continuing\neducation required of persons certified to teach in the public schools\nof the state.\n  f. Notification. The board of education shall inform eligible\napplicants of their selection for the program by a date determined by\nthe board of education.\n  8. Summer teacher training program. In a city school district with a\npopulation of one million or more, intensive summer teacher training may\nbe provided pursuant to this subdivision to certified teachers teaching\nin a teacher shortage area that will be employed for the first time in\nthe city school district as a certified teacher.\n  a. Eligibility and selection. Such training may be provided to\nteachers who hold initial, provisional, permanent or professional\ncertification to teach in the public schools of the state who will be\nemployed for the first time in the city school district. The board of\neducation shall establish a selection process by which new teachers are\nchosen to participate in this program. Such process at a minimum shall\ninclude:\n  (1) proof that the applicant has received, or is eligible to receive,\ninitial, provisional, permanent or professional certification to teach\nin the public schools of the state; and\n  (2) proof that the applicant will be employed for the first time in\nthe city school district as a certified teacher in a teacher shortage\narea.\n  b. Allowable expenses. Funds provided for summer teacher training may\nbe used for the payment of expenses incurred by the district for\ntraining and orientation of certified teachers employed by the district\nfor the first time including team teaching with cooperating teachers,\nobserving summer school classes, and training on meeting new standards\nand assessments provided such expenditures from state funds for this\npurpose shall not exceed one thousand dollars per eligible participant.\nNothing in this subdivision shall limit the expenditure of local funds\nfor the purposes of this subdivision.\n  9. Science, mathematics and bilingual education tuition reimbursement\nprogram. Of the amount appropriated for purposes of this section for\ngrants to school districts for the two thousand seven--two thousand\neight school year and thereafter, five million dollars ($5,000,000)\nshall be made available for a science, mathematics and bilingual\neducation tuition reimbursement program developed by the commissioner to\nattract qualified teachers who have received or will receive a\ntransitional teaching certificate, to teach mathematics, science, or\nbilingual education in a low-performing school.\n  10. Reporting. By November first following the completion of each\nschool year, the commissioner shall report to the governor and the\nlegislature regarding the teachers of tomorrow teacher recruitment and\nretention program. Such report shall list the amount of each school\ndistrict's total grant pursuant to this section, the uses of the grant\nby each eligible category of expense, the number of awards granted by\ntype pursuant to this section and, if applicable, the number of persons\nreceiving more than one award of a single type or more than one type of\naward and the number of such awards for these individuals, as well as an\nanalysis of the effectiveness of the program in recruiting and retaining\nteachers in the public schools of the state designated as teacher\nshortage areas.\n
N.Y. ENV Law § 21-0523 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0523
Evaluation
Status: in_force

§ 21-0523. Evaluation.\n  On August 15, l964, and at intervals of four years thereafter, the\nCommissioner of Environmental Conservation shall evaluate the role of\nthe commission with respect to the waters within and commingled with\nthose in New York, and any other matter over which the commission has\njurisdiction and shall report to the commission thereon. The\nCommissioner of Environmental Conservation shall transmit a copy of such\nreport to the Governor. The Commissioner of Environmental Conservation\nmay make such additional reports to the commission and the Governor as\nhe deems appropriate.\n
N.Y. ENV Law § 11-0521 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0521
Destructive wildlife; taking pursuant to permit
Status: in_force

§ 11-0521. Destructive wildlife; taking pursuant to permit.\n  1. The department may direct any environmental conservation officer,\nor issue a permit to any person, to take any wildlife at any time\nwhenever it becomes a nuisance, destructive to public or private\nproperty or a threat to public health or welfare, provided, however,\nthat where such wildlife is a bear, no such permit shall be issued\nexcept upon proof of damage to such property or threat to public health\nor safety presented to the department. Upon presentation of such proof,\nthe department may issue a permit authorizing the use of trained\ntracking dogs pursuant to section 11-0928 of this article, and, if the\ndepartment has determined that no other alternative is feasible, a\nseparate permit to take the bear. Wildlife so taken shall be disposed of\nas the department may direct. Any person, agency, corporation or\nmunicipality who obtains a migratory bird depredation permit or order\nissued by the federal department of the interior pursuant to 50 C.F.R.\n13 and 50 C.F.R. 21, as may be amended from time to time, shall not be\nrequired to obtain a permit from the department to conduct the\nauthorized activities.\n  2. The department may, by permit issued to a landowner, permit such\nlandowner, and any person he may designate in writing as his agent, to\ntake beaver on lands owned by the permittee, during any specified\nperiod, in any specified number, and by any specified means,\nnotwithstanding the provision contained in paragraph d of subdivision 3\nof section 11-0901 or any other provision of the Fish and Wildlife Law.\nBeaver so taken shall be disposed of as the department may direct.\n  3. Nothing in this section shall be construed as requiring or\nobligating the department to issue a permit to take wildlife or to\ndirect the taking of any wildlife when in its opinion the nuisance,\ndestruction of property or threat to public health and welfare will not\nbe effectively abated thereby.\n
N.Y. RSS Law § 41 — New York Code / Act RSS / Article 2 / Title 5 / Section 41
Allowances for service
Status: in_force

§ 41. Allowances for service. a. Generally. Subject to all provisions\nof law appertaining thereto and to such reasonable rules and regulations\nas the comptroller shall adopt or amend in pursuance thereof, he shall\ndetermine and may modify allowances for service and shall issue prior\nservice certificates and certificates for service in war after world war\nI. The comptroller, however, shall not allow more than one year of\ncredit for all service rendered in any calendar year.\n  b. Allowable service. Only the following types of service shall be\nallowable in computing service credits:\n  1. Government service.\n  2. Prior city and county service rendered in a city of the state or in\na county within the boundaries of such city, if such city has a pension\nsystem allowing credit for prior state and county service.\n  3. Prior service rendered to an employer before the latter became a\nparticipating employer. Such credit shall be allowable immediately upon\nsuch employer's becoming a participating employer. The employer for whom\nthe member is working at the time such prior service credit is allowed,\nshall pay the contribution required to be made by an employer on account\nof such credit.\n  4. Civil service in any capacity as an officer or employee of the\nfederal government, or military duty in the armed forces of the federal\ngovernment and not otherwise creditable, rendered or performed by a\nmember prior to the time he last became a member. The allowance of\ncredit for such service shall be conditioned upon the receipt by the\nretirement system of all the payments required to be made on account\nthereof by section forty-two of this article.\n  5. Civil service rendered as an officer or employee of the federal\ngovernment as provided in subdivision d or paragraph four of subdivision\nc of section forty of this article. The allowance of credit for such\nservice shall be conditioned upon the receipt by the retirement system\nof all the payments required to be made on account thereof by section\nforty-two of this article. Except as so provided, employment by the\nfederal government shall not entitle a person to contribute to the\nretirement system during the period of such employment.\n  6. Any member may obtain credit for any allowable service:\n  (a) For which he made contributions, regardless of whether such\ncontributions were returned to him when he left such service, or\n  (b) Rendered by him while not a member of any retirement system that\nis actuarially sound and of which the state or municipality thereof is a\ncontributor, provided he makes the contributions required by this\narticle for such credit and renders at least two years of member service\nafter he last became a member.\nNo credit shall be allowed for service if, but for the member's failure\nto avail himself of the privilege of transfer within the time and in the\nmanner provided in section forty-three of this article, credit for such\nservice could have been obtained upon transfer from another retirement\nsystem pursuant to such section.\n  c. Purchase of previous member service credit.\n  1. A member who has not previously been a member may purchase credit\nat any time for all allowable member service; provided, however, that a\nmember joining the system pursuant to paragraph nine of subdivision c of\nsection forty of this article shall not be permitted to purchase credit\nfor, or otherwise be allowed credit for the previous service upon which\nhis retirement or pension from another pension or retirement system is\nor would be based. In order to purchase credit, which may be purchased\npursuant to this paragraph, the member shall pay into the annuity\nsavings fund, either in a lump sum or in installments, a sum equal to\nthe amount which would have been in such fund to his credit had he\nactually been a member contributing thereto during the entire period of\nsuch previous member service. If such payment be made in installments,\nthe same shall be paid within a period no greater than the number of\nmonths of such member service.\n  2. A member who, after a previous membership, withdrew all or part of\nhis accumulated contributions shall be credited with all allowable\nservice rendered prior to such withdrawal, provided he:\n  (a) Renders at least two years of member service after his last\nwithdrawal, and\n  (b) Redeposits such withdrawn amount in the annuity savings fund,\neither in a lump sum or in installments; provided, however, that a\nmember joining the system pursuant to paragraph nine of subdivision c of\nsection forty of this article shall not be permitted to purchase credit\nfor, or otherwise be allowed credit for the previous service upon which\nhis retirement or pension from another pension or retirement system is\nor would be based. If such payment be made in installments, the same\nshall be paid within a period no greater than the number of months of\nmember service lost by such withdrawal.\n  d. Credit allowable only if paid for. In the event that a member\nretires or that any benefit becomes payable because of his membership in\nthe retirement system prior to the completion of all of the payments\nrequired to be made by him as a condition precedent to his obtaining\ncredit for member service, the amount of his retirement allowance or\nsuch other benefits shall be based only on:\n  1. The service rendered by him since he last became a member of the\nretirement system and for which contributions have been paid by him, and\n  2. Any additional service, all the conditions precedent to the\ncrediting of which have been completely fulfilled by him. However, if\nthe full amount of the payments required to be made by the member is not\npaid to the retirement system, the amount of service credit shall be\nproportional to the total amount of the payments made.\n  e. Waiver of membership requirement in certain cases. In the case of a\nperson in the employ of a participating employer, the requirements in\nsections sixty and seventy-five of this article that a member must have\ncredit for one or more years of service as a member shall not apply if:\n  1. Such person became a member within one year after his employer\nbecame a participating employer, and\n  2. He was in the service of such participating employer for the entire\nyear previous to his retirement or death.\n  f. Restoration of credit in certain cases.\n  1. A member who has been discontinued from service through no fault of\nhis own and who has withdrawn his accumulated contributions shall have\nhis total service credit restored in full if:\n  (a) He had less than twenty years of total service credit when he was\nso discontinued, and\n  (b) He returns to service within ten years after such discontinuance,\nand\n  (c) He redeposits the total amount so withdrawn by him and\n  (d) His employer elects to and does pay to the pension accumulation\nfund an amount equal to the reserve required to cover such restoration\nof credit.\n  2. Upon such return to service, such member shall contribute to the\nretirement system as a new member.\n  3. In the event such a member retires before his employer makes such\npayment, he may elect to receive his benefit immediately as if full\nservice credit were allowable. He thereupon shall be entitled to receive\nthe full amount of such benefit for such period as the same can be paid\nfrom the combined reserve available on his account in the annuity\nreserve fund and pension reserve fund. When his employer makes such\npayment, his benefit thereafter shall be continued from the reserve so\npaid.\n  4. The provisions of this subdivision f shall be controlling\nnotwithstanding any provision in this article to the contrary.\n  g. Prior service credit and credit for service in war after world war\nI in certain cases. Allowable prior service credit and allowable credit\nfor service in war after world war I shall be granted immediately to:\n  1. Any member who shall have rendered at least two years of service\nsince he last became a member.\n  2. Any person who is in the service of a participating employer on the\ndate it approves participation and who becomes a member within one year\nafter such date.\nThe employer for whom the member is working at the time such prior\nservice credit or credit for service in war after world war I is\nallowed, shall pay the contribution required to be made by an employer\non account of such credit.\n  h. Prior service certificates and certificates for service in war\nafter world war I.\n  1. The comptroller shall issue a certificate, to be known as a prior\nservice certificate, to each member entitled to prior service credit.\nSuch certificate shall certify the amount of such credit which shall be\nallowed in computing any pension provided for by this article.\n  2. The comptroller, upon application, shall issue a certificate for\nservice in war after world war I to each member entitled thereto. Such\ncertificate shall certify to service in war after world war I allowable\nto such member.\n  3. The comptroller, upon application of a member at any time, or upon\nhis own initiative within one year from the date of issuance of a prior\nservice certificate or a certificate for service in war after world war\nI may modify any such certificate in accordance with the allowance for\nprior service or service in war after world war I credit to which the\nmember is shown to be entitled.\n  4. A member's prior service certificate, certificate for service in\nwar after world war I, or any such certificate as modified, shall become\nvoid upon the termination of his membership in the retirement system.\nExcept as provided by subdivision d of section one hundred two of this\narticle, resumption of membership after such termination shall be\nwithout credit for prior service or service in war after world war I.\n  i. Allowances during leaves of absence without pay.\n  1. Time during which a member is absent on leave without pay:\n  (a) Shall not be included in computing prior service.\n  (b) May be included in computing member service and final average\nsalary only if the head of the department in which such member is\nemployed and the comptroller allow such time for retirement purposes at\nthe time such leave of absence is granted.\n  (c) Shall be included in computing member service and final average\nsalary in case such a leave of absence was granted, during the period\nfrom March first, nineteen hundred forty, until six months after the\ntermination of world war II, to enable the member to enter the service\nof the federal government or its associated powers, or to engage in war\nwork or defense industries only if:\n  (1) The fact that such service was rendered is established to the\nsatisfaction of the comptroller, and\n  (2) Such member shall have notified the comptroller in writing, on or\nbefore July first, nineteen hundred forty-seven, or within one year\nafter such leave of absence was granted, that he claims member service\ncredit pursuant to the provisions of this subparagraph (c), and\n  (3) Such member, within a period not greater than the number of months\nduring which he was on leave of absence, shall pay into:\n  (aa) The annuity savings fund such amounts as would have been in such\nfund to his credit had he remained in the performance of his regular\nduties as a member at the same salary he was receiving when such leave\nof absence was granted, and\n  (bb) The pension accumulation fund such amounts as would have been in\nsuch fund had he remained in the performance of his regular duties. Such\namounts shall be determined by the actuary and shall be sufficient to\npay the contribution that the state or a participating employer would\nhave paid for an ordinary death benefit and for that portion of the\npension provided for in paragraph two of subdivision a or paragraph two\nof subdivision b of section seventy-five of this article for service\nduring such period.\n  (d) Shall be included in computing member service and final average\nsalary in case such a leave of absence commenced during the period from\nApril first, nineteen hundred sixty-six through June thirtieth, nineteen\nhundred seventy-four, and was granted for a period of not more than two\nyears to enable the member to perform services as a civilian officer or\nemployee of the Federal government or one of its agencies or a\ncontractor of the United States Agency for International Development\nengaged to perform the work of such agency, the United Nations, any\nother international organization of which the United States of America\nis a member, or a foreign government only if:\n  (1) The comptroller allows inclusion of such time for retirement\npurposes at the time such leave of absence is granted, and\n  (2) Payment during such leave of absence or within one year after the\nend of such leave of absence is made by the employee into:\n  (aa) The annuity savings fund of contributions equal to the\ncontributions which the member would have made during the period of such\nleave of absence had he been performing his regular duties, and\n  (bb) The pension accumulation fund of a further contribution equal to\nthe contribution which his employer would have made on his behalf during\nthe period of such leave of absence had he been performing his regular\nduties. The payments required by this item (bb) may be made on the\nmember's behalf by the organization employing him during such leave of\nabsence.\n  2. In the event that, during a leave of absence granted pursuant to\nsubparagraph (c) of paragraph one of this subdivision i\n  (a) The position of such member is abolished or made unnecessary\nthrough no delinquency or misconduct on his part, such leave of absence\nshall be deemed to continue until six months after the termination of\nworld war II and such member may continue his contributions and receive\ncredit therefor during such period.\n  (b) A disability or injury of such member occurs, he shall be entitled\nonly to the return of his contributions.\n  (c) The death of such member occurs, his beneficiaries or\nrepresentatives shall be entitled only to the return of his accumulated\ncontributions and the ordinary death benefit, if such benefit would\notherwise be payable.\n  3. In the event that a member, who made contributions pursuant to such\nsubparagraph (c), is separated from service before he becomes eligible\nfor a retirement allowance or a death benefit, all such contributions\nand his accumulated contributions shall be returned to him or to his\nbeneficiaries or representatives.\n  j. Allowance for unused sick leave for members in the employ of the\nstate.\n  1. In addition to any other service credit to which he or she is\nentitled, a member who meets the requirements set forth in paragraphs\ntwo and three of this subdivision shall be granted one day of additional\nservice credit for each day of accumulated unused sick leave which he or\nshe has at time of retirement for service, but such credit shall not (a)\nexceed one hundred sixty-five days, (b) be considered in meeting any\nservice or age requirements prescribed in this chapter, and (c) be\nconsidered in computing final average salary. However, for an executive\nbranch member designated managerial or confidential pursuant to article\nfourteen of the civil service law or in the collective negotiating units\nestablished by article fourteen of the civil service law designated the\nprofessional, scientific and technical services unit, the rent\nregulation services negotiating unit, the security services negotiating\nunit, the security supervisors negotiating unit, the state university\nprofessional services negotiating unit, the administrative services\nnegotiating unit, the institutional services negotiating unit, the\noperational services negotiating unit and the division of military and\nnaval affairs negotiating unit and, effective on and after June\ntwenty-seventh, two thousand seventeen for the agency police services\nunit such service credit limitation provided in subparagraph (a) of this\nparagraph shall not exceed two hundred days. For a nonjudicial officer\nor employee of the unified court system not in a collective negotiating\nunit or in a collective negotiating unit specified in section one of\nchapter two hundred three of the laws of two thousand four, for\nemployees of the New York state dormitory authority, for employees of\nthe New York state thruway authority, the New York state canal\ncorporation and the state university construction fund and for employees\nof the New York liquidation bureau such service credit limitation\nprovided in subparagraph (a) of this paragraph shall not exceed two\nhundred days. For members who first become members of a public\nretirement system of the state on or after April first, two thousand\ntwelve, such credit shall not exceed one hundred days.\n  2. Such service retirement credit shall be granted only to members in\nthe employ of the state who, prior to retirement, were subject to a plan\nestablished by law, rule, regulation, written order or written policy\nwhich provided for the regular earning and accumulation of sick leave.\n  3. In the case of persons who last became members on or after July\nfirst, nineteen hundred seventy-three, the provisions of this\nsubdivision shall apply only to those retiring from service prior to\nJuly first, nineteen hundred seventy-four.\n  k. Credit for certain world war II service. 1. In addition to credit\nfor military service as defined in paragraph one of subdivision\nthirty-one of section two of this chapter, a member in the employ of the\nstate as of March thirty-first, nineteen hundred seventy, may obtain\ncredit for military service as defined in paragraph two of subdivision\nthirty-one of section two of this chapter in accordance with the\nprovisions of this subdivision.\n  2. To obtain such credit a member shall: (a) deposit in the annuity\nsavings fund a sum equal to the product of his normal rate of\ncontribution at time of entry into state service, his annual rate of\ncompensation at that time, and the period of military service being\nclaimed, with regular interest, and (b) deposit in the pension\naccumulation fund a sum equal to the product of the state's normal\ncontribution rate at the time of the member's entry into such service,\nhis annual rate of compensation at that time, and the period of military\nservice being claimed, with regular interest. Such deposit must be made\non or before March thirty-first, nineteen hundred seventy-two, provided,\nhowever, such member may elect to deposit such amount over a period of\ntime no greater than the period for which credit is being claimed, in\nwhich case such payments must commence no later than March thirty-first,\nnineteen hundred seventy-two. If the full amount of such payments is not\npaid to the retirement system, the amount of service credited shall be\nproportional to the total amount of the payments made.\n  3. (a) A member who enters the employ of the state on or after April\nfirst, nineteen hundred seventy and prior to April first, nineteen\nhundred seventy-two shall have one year from his date of entry to make\napplication and payment for such service in the manner specified above.\nThe salary base for such an employee shall be his annual rate of\ncompensation at the time of his entry into state service.\n  (b) A member who reenters the employ of the state on or after April\nfirst, nineteen hundred seventy and prior to April first, nineteen\nhundred seventy-two shall have one year from his date of reentry to make\napplication and payment for such service in the manner specified above.\nThe salary base for such payments shall be either the employee's (i)\nannual rate of compensation at the time of original entry into such\nservice or (ii) his annual rate of compensation upon reentry into such\nservice, whichever would result in the greater contributions.\n  4. Such credit for military service shall not be used to increase a\nservice retirement benefit if at the time of retirement such member (a)\nis retiring from service with less than ten years of total service\ncredit, or (b) is retiring with less than three years of member service\nrendered subsequent to the date of last entry into state service; upon\nretirement as specified in (a) or (b), there shall be refunded to such\nmember the amount of such deposit plus accrued interest exclusive of the\namount deposited to the pension accumulation fund attributable to death\nand disability benefits.\n  5. For the purposes of this subdivision the member's normal rate of\ncontribution in the case of an employee of the state who (a) enters\nservice on or after the date that employee contributions were reduced\npursuant to section seventy-a or when no employee contributions were\nrequired shall be based on the latest schedule of normal contribution\nrates in effect for employees of the state, and shall be set as if such\nschedule had been in effect at the time of his entry into state service,\nor (b) transfers into the retirement system shall not be less than the\nrate the member would have had if all his service, exclusive of that\nbeing claimed pursuant to this subdivision, had been rendered as a\nmember of the retirement system.\n  6. In no event shall credit be granted pursuant to this subdivision if\ncredit is granted for the same period of time pursuant to other\nprovisions of law.\n  7. Subject to the provisions of paragraph three of this subdivision no\napplication for credit pursuant to the provisions of this subdivision\nshall be honored if made on or after April first, nineteen hundred\nseventy-two.\n  8. A member may direct, upon a form prepared by the comptroller, that\nhis excess contributions be applied toward the payments required by this\nsubdivision. The term excess contributions shall mean accumulated\ncontributions in excess of the amount thereof required to provide a\npension or retirement allowance. Appropriate transfers and credits to\nthe annuity savings fund and the pension accumulation fund will be made\nin the manner set forth in an official regulation adopted by the\ncomptroller for such purpose.\n  * l. Employer pick-up of contributions in respect of previous service\nor military service. Notwithstanding any other provision of law, any\nmember eligible to purchase credit for previous service with a public\nemployer pursuant to this section or section forty-two of this title or\nto purchase credit for military service pursuant to article twenty of\nthis chapter, may elect to purchase any or all of such service by\nexecuting a periodic payroll deduction agreement where and to the extent\nsuch elections are permitted by the retirement system by rule or\nregulation.  Such agreement shall set forth the amount of previous\nservice or military service being purchased, the estimated total cost of\nsuch service credit, and the number of payroll periods in which such\nperiodic payments shall be made. Such agreement shall be irrevocable,\nshall not be subject to amendment or modification in any manner, and\nshall expire only upon completion of payroll deductions required\ntherein.  Notwithstanding the foregoing, any member who has entered into\nsuch a payroll deduction agreement and who terminates employment prior\nto the completion of the payments required therein shall be credited\nwith any service as to which such member shall have paid the\ncontributions required under the terms of the agreement.\n  * NB Takes effect upon notice of ruling by Internal Revenue Service --\nexpires per ch. 627/2007 §22\n
N.Y. SOS Law § 88 — New York Code / Act SOS / Article 3 / Title 5 / Section 88
Responsibility for adequate appropriations
Status: in_force

§ 88.  Responsibility for adequate appropriations.  It shall be the\nduty of the board of supervisors of a county, the town board of a town\nand the appropriating body of a city to make adequate appropriations and\nto take such action as may be necessary to provide the public assistance\nand care required by this chapter.\n
N.Y. PBA Law § 1112 — New York Code / Act PBA / Article 5 / Title 5 / Section 1112
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1112. Title not affected if in part unconstitutional or ineffective.\nIf any section, clause or provision of this title shall be held\nunconstitutional, or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional, or ineffective, it shall be valid and\neffective and no other section, clause or provision shall, on account\nthereof, be deemed invalid or ineffective.\n
N.Y. SOS Law § 86-A — New York Code / Act SOS / Article 3 / Title 5 / Section 86-A
City public welfare funds
Status: in_force

§ 86-a.  City public welfare funds.  The taxes levied for public\nassistance and care in a city, or in a city public welfare district,\nshall be paid to the city treasurer, or the commissioner of finance in\nthe city of New York, and disbursed in accordance with the provisions of\nlaw relating to such city for the payment of bills and claims, provided\nsuch provisions of law are not inconsistent with the provisions of this\nchapter.\n
N.Y. RPT Law § 982 — New York Code / Act RPT / Article 9 / Title 5 / Section 982
Notice to non-residents in towns
Status: in_force

§ 982. Notice to non-residents in towns.  1. Any person or\ncorporation, who or which owns or has an interest in real property\nliable to taxation in a town and is a non-resident thereof, may file\nwith the town clerk thereof a notice stating (a) his name, residence and\npost-office address, or in case of a corporation, its principal office,\n(b) a description of the property sufficient to identify the same and\n(c) if situated in a village or school district, the name of each\nvillage and number and designation of each school district, and\nrequesting that statements of all town, village and school taxes be\ndelivered to him by registered mail. Such notice shall be valid and\ncontinue in effect until cancelled by such person or corporation.\n  2. The town clerk shall, within five days after the delivery of the\nwarrants for the collection of taxes in the town, village and school\ndistrict, respectively, in which such real property is situated, furnish\nthe collecting officer thereof with a transcript of all notices so\nfiled. Each such collecting officer shall, within five days after the\nreceipt of such transcript, send by registered mail to each person or\ncorporation filing such notice, at the post-office address stated\ntherein, a statement of the amount of taxes due and the times and places\nat which the same may be paid.\n  3. If the statement is not furnished as herein provided, no fee,\npenalty or interest shall be charged for the collection of any taxes\nwith respect to which the statement was not sent, provided the tax is\npaid before the collecting officer makes his return of unpaid taxes.\n  4. The town clerk shall be entitled to receive a fee of one dollar\nfrom each person or corporation filing a notice pursuant to this\nsection, which shall be payment in full for all services rendered\nhereunder.  The expenses for postage, printing and stationery required\nin sending such statements by town, village or school district\ncollecting officers shall be a charge on the town, village or school\ndistrict as the case may be, except that the expense of registering the\nstatements shall be added to the taxes due.\n