N.Y. EDN Law § 6212 — New York Code / Act EDN / Title 7 / Article 125 / Section 6212
Tenure
Status: in_force

§ 6212. Tenure. 1. The following words and phrases, for the purposes\nof this section, shall have the following meanings:\n  a. "Educational unit" shall mean a college, school, preparatory\nschool, high school, or model school.\n  b. "Instructional staff" shall mean the persons employed by the board\nof trustees in the educational units governed and administered by it in\nthe grades or positions of president, dean, director, professor,\nassociate professor, assistant professor, instructor, fellow, lecturer,\nsenior registrar, registrar, assistant registrar, associate registrar,\ncollege laboratory technicians; in the high school and model school:\nprincipal, first assistant, supervisor, instructor, assistant teacher,\ncritic teacher, teacher; or in any grade or position which the board of\ntrustees in its discretion may add thereto.\n  c. "Tenure" shall mean the right of a person to hold his position\nduring good behavior and efficient and competent service, and not to be\nremoved therefrom except for cause in the manner hereinafter provided.\n  2. All members of the permanent instructional staff of the educational\nunits governed and administered by the board of trustees shall have\ntenure.\n  3. The permanent instructional staff shall consist of all persons\nemployed by the city university on an annual salary basis at the\neducational units governed and administered by the board of trustees as\nfollows: (a) in the grades of professor, associate professor, assistant\nprofessor, or in any grade or position which the board in its discretion\nmay add thereto, who, after serving on an annual salary in any of the\ngrades or positions enumerated or provided for in this paragraph for\nseven full years continuously, have been appointed or shall be appointed\nfor an eighth full year, except as provided in subdivisions four and\nfive of this section; and (b) in the grades of college laboratory\ntechnician, senior registrar, registrar, assistant registrar, associate\nregistrar, assistant librarian and in the elementary and high schools:\ninstructor, assistant teacher, critic teacher, or teacher, or in any\ngrade or position which the board in its discretion may add thereto,\nwho, after serving on an annual salary in any of the grades or positions\nenumerated or provided for in this paragraph for five full years\ncontinuously, have been appointed or shall be appointed for a sixth full\nyear, except as provided in subdivision four of this section; the\nmembership of such persons on the permanent instructional staff as\nprovided for in paragraph (a) of this subdivision shall become effective\non the first day of September following their reappointment for the\neighth full year, and the membership of such persons on the permanent\ninstructional staff as provided for in this paragraph shall become\neffective on the first day of September following their reappointment\nfor the sixth full year. Where the service of a member of the\ninstructional staff, in one of the titles listed or provided for herein,\nis interrupted by reason of absence on a maternity or child care leave\nduly granted by the board of trustees, the period of creditable service\nimmediately preceding such absence shall be counted in computing the\nfull years of service required by this subdivision.\n  4. Nothing herein contained shall be construed as conferring or\npermitting tenure, or service credit toward the achievement of tenure,\nin the grades or positions of president, director, assistant director,\ndean, assistant dean, head of instructional department, chairman of\ninstructional department, fellow, laboratory teaching assistant,\nprincipal, supervisor, or first assistant. Appointment to such grade or\nposition, or removal therefrom, however, shall not deprive the person so\nappointed or removed of tenure in the highest position on the\ninstructional staff held with tenure prior to his appointment to such\noffice or conjointly with such office, nor shall the appointment to,\nholding of, or removal from such grade or position deprive any person of\nservice credit toward the achievement of tenure under the provisions of\nthis section.\n  5. Persons appointed to the rank of professor, associate professor or\nassistant professor may under the provisions of the board of trustee's\nby-laws be placed on the permanent instructional staff by the board of\ntrustees in its discretion after not less than one nor more than seven\nyears of continuous full time service on an annual salary except that\npersons of proven record who have achieved tenure at another recognized\ninstitution of higher learning and whose appointment is to the rank of\nprofessor may be granted tenure immediately on appointment. Persons\npromoted to the rank of professor shall be granted tenure after not more\nthan four years of continuous full time service on an annual salary in\npositions on the instructional staff.\n  6. For the purpose of appointments and promotions in the instructional\nstaff which may be made after April twentieth, nineteen hundred forty,\nthe board of trustees shall determine to what extent examinations are\npracticable to ascertain merit and fitness for each of the positions\nwithin the educational units covered and administered by it and, in so\nfar as examinations are deemed practicable, shall determine to what\nextent it is practicable that such examinations be competitive. Any\nexamination held in accordance with the provisions of this subdivision\nshall be set and administered through any agency which the board of\ntrustees may from time to time create or designate.\n  7. Neither tenure as conferred through the operation of this section\nnor the period requisite for the achievement of tenure shall be affected\nby transfer within the educational units governed and administered by\nthe board of trustees, or by promotion, or by change of title, except\nthat a person upon whom tenure is conferred through the operation of\nthis section and who may be transferred to any position within the\neducational units governed and administered by the board of trustees, or\nwho may be promoted, or whose title may be changed, shall have tenure in\nhis new position, provided such position is not one of those enumerated\nin subdivision four of this section. Nothing herein contained shall be\nconstrued to prevent the board of trustees from assigning any person\nhaving tenure to any appropriate position on the staff, but no such\nassignment shall carry with it a reduction in rank or a reduction in\nsalary other than the elimination of any additional emolument provided\nfor administrative positions. Any person in a position on the\ninstructional staff just prior to the effective date of this article\nshall not be affected with respect to his tenure or the time credit\nearned towards such tenure, or the period requisite for the achievement\nof tenure under the law as it existed just prior to the effective date\nof this article.\n  8. A position held by a person upon whom tenure is conferred through\nthe operation of this section may be abolished or discontinued by the\nboard of trustees for reasons which are not discriminatory against a\nparticular person or persons. In the event that a position in a\ndepartment is to be abolished or discontinued, such position shall be\nthat of the person last appointed to such department, save that, for\nspecial educational reasons which are not discriminatory against a\nparticular person or persons, the board of trustees may continue the\nservices of a person or persons whose position or positions would\notherwise be abolished or discontinued, and abolish or discontinue the\nposition or positions of the person or persons next most recently\nappointed to such department; provided, however, that all persons of any\ngrade in such department upon whom tenure is not conferred by the\noperation of this section shall be dismissed before the position of any\nother person in such department is abolished or discontinued. If the\nboard of trustees abolishes or discontinues the position of a person\nupon whom tenure is conferred through the operation of this section and\ncan find no position in the educational unit in which such person has\nbeen serving which can be efficiently and capably filled by such person,\nthen his name shall be placed and shall remain for three years upon a\npreferred eligible list of candidates for reappointment to fill a\nvacancy that may thereafter occur in a position which can be efficiently\nand capably filled by such person or to fill a newly created position\nwhich can be efficiently and capably filled by such person. The board of\ntrustees shall, through the adoption of appropriate by-laws, determine\nthe number of such preferred eligible lists, the extent of applicability\nof each such list, and the order of reappointment therefrom to vacancies\nin positions under its jurisdiction or to newly created positions under\nits jurisdiction. No names shall be placed on such preferred eligible\nlists except as hereinbefore provided for persons upon whom tenure is\nconferred through the operation of this section. Any person reappointed\nfrom a preferred eligible list shall be reappointed at a salary not less\nthan that which he was receiving when his position was abolished or\ndiscontinued. Any person whose name is placed on a preferred eligible\nlist as hereinbefore provided shall, for the purpose of maintaining his\nstatus in any retirement system of which he is a member, be deemed to be\non leave of absence without pay.\n  9. Persons having tenure under the provisions of this section may be\nremoved or suspended from the permanent instructional staff for one or\nmore of the following reasons, provided, however, that, except as to a\ncharge of misconduct constituting a crime when committed, no proceedings\nshall be commenced more than five years after the occurrence of the\nalleged incompetency or misconduct:\n  a. incompetent or inefficient service;\n  b. neglect of duty;\n  c. physical or mental incapacity;\n  d. conduct unbecoming a member of the staff. This provision shall not\nbe so interpreted as to constitute interference with academic freedom.\n  Proceedings for the removal of such a person shall be conducted in\naccordance with the by-laws of the board of trustees, and shall be\ninitiated by service by the board of trustees upon the person involved\nof a notice setting forth all the charges pending against him. Such a\nperson so charged shall be entitled to a hearing with right of\nrepresentation by any person or persons of his choice before any\ncommittee which the board of trustees may appoint to investigate such\ncharges, or, in the event that such a committee is not appointed, before\nthe board of trustees. In cases in which such a committee is appointed,\nsuch a person shall further be entitled to an appeal on the record with\nright of representation by any person or persons of his choice before\nthe board of trustees prior to its final determination of the question\nof his removal. No such person shall be removed except at a regular or\nspecial meeting of the board of trustees, by an affirmative vote of the\nmajority of all the members of the board of trustees. For the purposes\nof any such proceeding, the board by its chairman or the chairman of any\nsuch committee shall have power to subpoena witnesses, papers and\nrecords, and to administer oaths.\n  10. If any clause, sentence, paragraph or part of this section, or the\napplication thereof to any person or circumstance, shall, for any\nreason, be adjudged by a court of competent jurisdiction to be invalid,\nsuch judgment or order shall not invalidate the remainder of this\nsection and the application thereof to other persons or circumstances,\nbut shall be confined in its operation to the clause, sentence,\nparagraph or part thereof directly involved in the controversy in which\nsuch judgment or order shall have been rendered and to the person or\ncircumstance involved.\n
N.Y. EDN Law § 6257 — New York Code / Act EDN / Title 7 / Article 125-A / Section 6257
Deductions from benefits of certain retired members
Status: in_force

§ 6257. Deductions from benefits of certain retired members. 1.\nNotwithstanding any other provision of law, a member who is retired from\nthe board of higher education optional retirement program shall have the\nright, at any time after such member's retirement, to execute and file a\ndeduction authorization card with the designated insurer or insurers\nupon audit and warrant of the comptroller authorizing the deduction from\nsuch member's retirement allowance of membership dues and such member's\nshare of the cost for employee organization-sponsored benefit plans and\nthe payment thereof to a retiree organization of which the member is\nthen a member and which is then affiliated with either an employee\norganization certified or recognized as the collective bargaining\nrepresentative of all employees in the negotiating unit of which the\nmember was a part prior to his or her retirement or with an employee\norganization with which such employee organization is then affiliated.\nThe designated insurer or insurers upon audit and warrant of the\ncomptroller shall thereafter deduct from the retirement allowance of\nsuch member the amount of membership dues and such amounts required to\nbe paid by such member for such authorized employee\norganization-sponsored benefit plans, and shall transmit the sum so\ndeducted to said retiree organization. Such authorization shall continue\nin effect until revoked in writing by such member. For purposes of this\nsection, the term "employee organization-sponsored benefit plans" shall\ninclude any and all insurance plans and/or other benefit plans sponsored\nby such retiree organization whether provided by (a) a not-for-profit\ncorporation licensed under article forty-three of the insurance law; (b)\nany insurance company authorized to do business in this state; (c) a\nhealth maintenance organization issued a certificate of authority\npursuant to article forty-four of the public health law; or (d) a\nself-insurance arrangement, welfare fund or benefit fund.\n  2. Notwithstanding any other provision of law, a retired member shall\nhave the right, at any time after his or her retirement, to execute and\nfile a deduction authorization card with the designated insurer or\ninsurers upon audit and warrant of the comptroller authorizing the\npayment of voluntary contributions to the political committee, as\ndefined in subdivision one of section 14-100 of the election law, of\nsuch member's employee organization, provided such organization is\ncertified or recognized pursuant to article fourteen of the civil\nservice law as the representative of all employees in the negotiating\nunit in which such retired member was then employed. Such authorization\nshall continue in effect until revoked in writing by such member. The\ndesignated insurer or insurers upon audit and warrant of the comptroller\nshall determine the cost of administering deductions for voluntary\ncontributions to the political committee and the cost incurred for\nadministering such contributions shall be paid from the funds of the\npolitical committee.\n
N.Y. PBH Law § 268 — New York Code / Act PBH / Article 2 / Title 7 / Section 268
Statement of policy and purposes
Status: in_force

* § 268. Statement of policy and purposes. The purpose of this title\nis to codify the establishment of the health benefit exchange in New\nYork, known as NY State of Health, The Official Health Plan Marketplace\n(Marketplace), in conformance with Executive Order 42 (Cuomo) issued\nApril 12, 2012. The Marketplace shall continue to perform eligibility\ndeterminations for federal and state insurance affordability programs\nincluding medical assistance in accordance with section three hundred\nsixty-six of the social services law, child health plus in accordance\nwith section twenty-five hundred eleven of this chapter, the basic\nhealth program in accordance with section three hundred sixty-nine-gg of\nthe social services law, the 1332 state innovation program in accordance\nwith section three hundred sixty-nine-ii of the social service law, and\npremium tax credits and cost-sharing reductions, together with\nperforming eligibility determinations for qualified health plans and\nsuch other health insurance programs as determined by the commissioner.\nThe Marketplace shall also facilitate enrollment in insurance\naffordability programs, qualified health plans and other health\ninsurance programs as determined by the commissioner, the purchase and\nsale of qualified health plans and/or other or additional health plans\ncertified by the Marketplace pursuant to this title, and shall continue\nto have the authority to operate a small business health options program\n("SHOP") to assist eligible small employers in selecting qualified\nhealth plans and/or other or additional health plans certified by the\nMarketplace and to determine small employer eligibility for purposes of\nsmall employer tax credits. It is the intent of the legislature, by\ncodifying the Marketplace in state statute, to continue to promote\nquality and affordable health coverage and care, reduce the number of\nuninsured persons, provide a transparent marketplace, educate consumers\nand assist individuals with access to coverage, premium assistance tax\ncredits and cost-sharing reductions. In addition, the legislature\ndeclares the intent that the Marketplace continue to be properly\nintegrated with insurance affordability programs, including Medicaid,\nchild health plus and the basic health program, the 1332 state\ninnovation program, and such other health insurance programs as\ndetermined by the commissioner.\n  * NB There are 2 § 268's\n
N.Y. VAT Law § 1146 — New York Code / Act VAT / Title 7 / Article 26 / Section 1146
Drivers to exercise due care
Status: in_force

§ 1146. Drivers to exercise due care. (a) Notwithstanding the\nprovisions of any other law to the contrary, every driver of a vehicle\nshall exercise due care to avoid colliding with any bicyclist,\npedestrian, or domestic animal upon any roadway and shall give warning\nby sounding the horn when necessary. For the purposes of this section,\nthe term "domestic animal" shall mean domesticated sheep, cattle, and\ngoats which are under the supervision and control of a pedestrian.\n  (b) 1. A driver of a motor vehicle who causes physical injury as\ndefined in article ten of the penal law to a pedestrian or bicyclist\nwhile failing to exercise due care in violation of subdivision (a) of\nthis section, shall be guilty of a traffic infraction punishable by a\nfine of not more than five hundred dollars or by imprisonment for not\nmore than fifteen days or by both such fine and imprisonment.\n  2. If such driver of a motor vehicle causes physical injury while\nfailing to exercise due care in violation of subdivision (a) of this\nsection, then there shall be a rebuttable presumption that, as a result\nof such failure to exercise due care, such person operated the motor\nvehicle in a manner that caused such physical injury.\n  (c) 1. A driver of a motor vehicle who causes serious physical injury\nas defined in article ten of the penal law to a pedestrian or bicyclist\nwhile failing to exercise due care in violation of subdivision (a) of\nthis section, shall be guilty of a traffic infraction punishable by a\nfine of not more than seven hundred fifty dollars or by imprisonment for\nnot more than fifteen days or by required participation in a motor\nvehicle accident prevention course pursuant to paragraph (e-1) of\nsubdivision two of section 65.10 of the penal law or by any combination\nof such fine, imprisonment or course, and by suspension of a license or\nregistration pursuant to subparagraph (xiv) or (xv) of paragraph b of\nsubdivision two of section five hundred ten of this chapter.\n  2. If such driver of a motor vehicle causes serious physical injury\nwhile failing to exercise due care in violation of subdivision (a) of\nthis section, then there shall be a rebuttable presumption that, as a\nresult of such failure to exercise due care, such person operated the\nmotor vehicle in a manner that caused such serious physical injury.\n  (d) A violation of subdivision (b) or (c) of this section committed by\na person who has previously been convicted of any violation of such\nsubdivisions within the preceding five years, shall constitute a class B\nmisdemeanor punishable by a fine of not more than one thousand dollars\nin addition to any other penalties provided by law.\n  (e) Nothing contained in this section shall prevent the court from\nimposing any other authorized disposition, including a period of\ncommunity service.\n
N.Y. ELN Law § 8-704 — New York Code / Act ELN / Article 8 / Title 7 / Section 8-704
Early mail ballots; delivery of
Status: in_force

§ 8-704. Early mail ballots; delivery of. 1. If the board finds that\nthe applicant is a registered voter of the county or city at the address\nlisted in the application, the applicant is eligible to vote in the\nelection at issue, and the application is otherwise sufficient, it\nshall, as soon as practicable, mail to the applicant at an address\ndesignated by them, or deliver to them, or to any person designated for\nsuch purpose in writing by them, at the office of the board, an early\nmail ballot or set of ballots and an envelope therefor. If the ballot or\nballots are to be sent outside of the United States to a country other\nthan Canada or Mexico, such ballot or ballots shall be sent by air mail.\n  2. When mailing an early mail ballot to a voter the board of elections\nshall provide a domestic postage paid return envelope. When providing an\nearly mail ballot to a voter in-person, the board of elections shall\noffer the voter a domestic postage paid return envelope and provide one\nif requested.\n
N.Y. VAT Law § 1196 — New York Code / Act VAT / Title 7 / Article 31 / Section 1196
Alcohol and drug rehabilitation program
Status: in_force

§ 1196. Alcohol and drug rehabilitation program. 1. Program\nestablishment. There is hereby established an alcohol and drug\nrehabilitation program within the department of motor vehicles. The\ncommissioner shall establish, by regulation, the instructional and\nrehabilitative aspects of the program. Such program shall consist of at\nleast fifteen hours and include, but need not be limited to, classroom\ninstruction in areas deemed suitable by the commissioner. No person\nshall be required to attend or participate in such program or any aspect\nthereof for a period exceeding eight months except upon the\nrecommendation of the department of mental hygiene or appropriate health\nofficials administering the program on behalf of a municipality.\n  2. Curriculum. The form, content and method of presentation of the\nvarious aspects of such program shall be established by the\ncommissioner. In the development of the form, curriculum and content of\nsuch program, the commissioner may consult with the commissioner of\nmental health, the director of the division of alcoholism and alcohol\nabuse, the director of the division of substance abuse services and any\nother state department or agency and request and receive assistance from\nthem. The commissioner is also authorized to develop more than one\ncurriculum and course content for such program in order to meet the\nvarying rehabilitative needs of the participants.\n  3. Where available. A course in such program shall be available in at\nleast every county in the state, except where the commissioner\ndetermines that there is not a sufficient number of alcohol or\ndrug-related traffic offenses in a county to mandate the establishment\nof said course, and that provisions be made for the residents of said\ncounty to attend a course in another county where a course exists.\n  4. Eligibility. Participation in the program shall be limited to those\npersons convicted of alcohol or drug-related traffic offenses or persons\nwho have been adjudicated youthful offenders for alcohol or drug-related\ntraffic offenses, or persons found to have been operating a motor\nvehicle after having consumed alcohol in violation of section eleven\nhundred ninety-two-a of this article, who choose to participate and who\nsatisfy the criteria and meet the requirements for participation as\nestablished by this section and the regulations promulgated thereunder;\nprovided, however, in the exercise of discretion, the judge imposing\nsentence may prohibit the defendant from enrolling in such program. The\ncommissioner or deputy may exercise discretion, to reject any person\nfrom participation referred to such program and nothing herein contained\nshall be construed as creating a right to be included in any course or\nprogram established under this section. In addition, no person shall be\npermitted to take part in such program if, during the five years\nimmediately preceding commission of an alcohol or drug-related traffic\noffense or a finding of a violation of section eleven hundred\nninety-two-a of this article, such person has participated in a program\nestablished pursuant to this article or been convicted of a violation of\nany subdivision of section eleven hundred ninety-two of this article\nother than a violation committed prior to November first, nineteen\nhundred eighty-eight, for which such person did not participate in such\nprogram. In the exercise of discretion, the commissioner or a deputy\nshall have the right to expel any participant from the program who fails\nto satisfy the requirements for participation in such program or who\nfails to satisfactorily participate in or attend any aspect of such\nprogram. Notwithstanding any contrary provisions of this chapter,\nsatisfactory participation in and completion of a course in such program\nshall result in the termination of any sentence of imprisonment that may\nhave been imposed by reason of a conviction therefor; provided, however,\nthat nothing contained in this section shall delay the commencement of\nsuch sentence.\n  5. Effect of completion. Except as provided in subparagraph nine of\nparagraph (b) of subdivision two of section eleven hundred ninety-three\nor in subparagraph three of paragraph (d) of subdivision two of section\neleven hundred ninety-four of this article, upon successful completion\nof a course in such program as certified by its administrator, a\nparticipant may apply to the commissioner on a form provided for that\npurpose, for the termination of the suspension or revocation order\nissued as a result of the participant's conviction which caused the\nparticipation in such course. In the exercise of discretion, upon\nreceipt of such application, and upon payment of any civil penalties for\nwhich the applicant may be liable, the commissioner is authorized to\nterminate such order or orders and return the participant's license or\nreinstate the privilege of operating a motor vehicle in this state.\nHowever, the commissioner shall not issue any new license nor restore\nany license where said issuance of restoral is prohibited by subdivision\ntwo of section eleven hundred ninety-three of this article.\n  6. Fees. The commissioner shall establish a schedule of fees to be\npaid by or on behalf of each participant in the program, and may, from\ntime to time, modify same. Such fees shall defray the ongoing expenses\nof the program. Provided, however, that pursuant to an agreement with\nthe department a municipality, department thereof, or other agency may\nconduct a course in such program with all or part of the expense of such\ncourse and program being borne by such municipality, department or\nagency. In no event shall such fee be refundable, either for reasons of\nthe participant's withdrawal or expulsion from such program or\notherwise.\n  7. Conditional license. (a) Notwithstanding any inconsistent provision\nof this chapter, participants in the program, except those penalized\nunder paragraph (d) of subdivision one of section eleven hundred\nninety-three of this article for any violation of subdivision two,\nthree, or four of section eleven hundred ninety-two of this article,\nmay, in the commissioner's discretion, be issued a conditional driver's\nlicense, or if the holder of a license issued by another jurisdiction\nvalid for operation in this state, a conditional privilege of operating\na motor vehicle in this state. Such a conditional license or privilege\nshall be valid only for use, by the holder thereof, (1) enroute to and\nfrom the holder's place of employment, (2) if the holder's employment\nrequires the operation of a motor vehicle then during the hours thereof,\n(3) enroute to and from a class or an activity which is an authorized\npart of the alcohol and drug rehabilitation program and at which his\nattendance is required, (4) enroute to and from a class or course at an\naccredited school, college or university or at a state approved\ninstitution of vocational or technical training, (5) to or from court\nordered probation activities, (6) to and from a motor vehicle office for\nthe transaction of business relating to such license or program, (7) for\na three hour consecutive daytime period, chosen by the administrators of\nthe program, on a day during which the participant is not engaged in\nusual employment or vocation, (8) enroute to and from a medical\nexamination or treatment as part of a necessary medical treatment for\nsuch participant or member of the participant's household, as evidenced\nby a written statement to that effect from a licensed medical\npractitioner, and (9) enroute to and from a place, including a school,\nat which a child or children of the holder are cared for on a regular\nbasis and which is necessary for the holder to maintain such holder's\nemployment or enrollment at an accredited school, college or university\nor at a state approved institution of vocational or technical training.\nSuch license or privilege shall remain in effect during the term of the\nsuspension or revocation of the participant's license or privilege\nunless earlier revoked by the commissioner.\n  (b) The conditional license or privilege described in paragraph (a) of\nthis subdivision shall be in a form prescribed by the commissioner, and\nshall have indicated thereon the conditions imposed by such paragraph.\n  (c) Upon receipt of a conditional license issued pursuant to this\nsection, any order issued by a judge, justice or magistrate pursuant to\nparagraph (c) of subdivision two of section eleven hundred ninety-three\nof this article shall be surrendered to the department.\n  (d) The commissioner shall require applicants for a conditional\nlicense to pay a fee of seventy-five dollars for processing costs. Such\nfees assessed under this subdivision shall be paid to the commissioner\nfor deposit to the general fund and shall be in addition to any fees\nestablished by the commissioner pursuant to subdivision six of this\nsection to defray the costs of the alcohol and drug rehabilitation\nprogram.\n  (e) The conditional license or privileges described in this\nsubdivision may be revoked by the commissioner, for sufficient cause\nincluding, but not limited to, failure to register in the program,\nfailure to attend or satisfactorily participate in the sessions,\nconviction of any traffic infraction other than one involving parking,\nstopping or standing or conviction of any alcohol or drug-related\ntraffic offense, misdemeanor or felony. In addition, the commissioner\nshall have the right, after a hearing, to revoke the conditional license\nor privilege upon receiving notification or evidence that the offender\nis not attempting in good faith to accept rehabilitation. In the event\nof such revocation, the fee described in subdivision six of this section\nshall not be refunded.\n  (f) It shall be a traffic infraction for the holder of a conditional\nlicense or privilege to operate a motor vehicle upon a public highway\nfor any use other than those authorized pursuant to paragraph (a) of\nthis subdivision. When a person is convicted of this offense, the\nsentence of the court must be a fine of not less than two hundred\ndollars nor more than five hundred dollars or a term of imprisonment of\nnot more than fifteen days or both such fine and imprisonment.\nAdditionally, the conditional license or privileges described in this\nsubdivision shall be revoked by the commissioner upon receiving\nnotification from the court that the holder thereof has been convicted\nof this offense.\n  (g) Notwithstanding anything to the contrary contained in a\ncertificate of relief from disabilities or a certificate of good conduct\nissued pursuant to article twenty-three of the correction law, any\nconditional license or privilege issued to a person convicted of a\nviolation of any subdivision of section eleven hundred ninety-two of\nthis article shall not be valid for the operation of any commercial\nmotor vehicle. In addition, no such conditional license or privilege\nshall be valid for the operation of a taxicab as defined in this\nchapter.\n  (h) Notwithstanding any inconsistent provision of this chapter, the\nconditional license described in this subdivision may, pursuant to\nregulations established by the commissioner, be issued to a person whose\nlicense has been suspended pending prosecution pursuant to subparagraph\nseven of paragraph (e) of subdivision two of section eleven hundred\nninety-three of this article.\n
N.Y. VAT Law § 1217 — New York Code / Act VAT / Title 7 / Article 33 / Section 1217
Following emergency fire vehicles prohibited
Status: in_force

§ 1217. Following emergency fire vehicles prohibited. The driver of\nany vehicle other than one on official business shall not follow any\nauthorized emergency fire vehicle in the same lane or an adjacent lane\nto the one being used by such fire vehicle at a distance closer than two\nhundred feet while such fire vehicle is displaying one or more red or\ncombination red and white lights, or one white light which must be a\nrevolving, rotating, flashing, oscillating or constantly moving light,\nnor shall such driver drive into or park his or her vehicle within the\nblock or where there is no block, within one thousand feet of where such\nfire vehicle has stopped in answer to a fire alarm.\n
N.Y. PBA Law § 1174-D — New York Code / Act PBA / Article 5 / Title 7-A / Section 1174-D
Water authority of Southeastern Nassau county
Status: in_force

§ 1174-d. Water authority of Southeastern Nassau county. 1. A\ncorporation known as "water authority of Southeastern Nassau county" is\nhereby created for the purposes and charged with the duties and having\nthe powers provided in this title. The authority shall be a corporate\ngovernmental agency constituting a public benefit corporation and shall\nbe a "public district" for the purposes of section eighty-nine-l of the\npublic service law. The authority shall be governed by a board of\ndirectors consisting of five members, three of whom shall be appointed\nby the town board of the town of Hempstead and two of whom shall be\nappointed by the town board of the town of Oyster Bay in the same manner\nas officers and employees are appointed pursuant to paragraph a of\nsubdivision one of section twenty of the town law. Each member shall\nserve for a period of two years. Each chief executive officer shall file\nwith the secretary of state a certificate of appointment or\nreappointment of any member appointed or reappointed by such chief\nexecutive within thirty days of the appointment or reappointment.\nMembers shall receive no compensation for their services but shall be\nentitled to reimbursement of their necessary expenses, including\ntraveling expenses, incurred in the discharge of their duties.\n  2. Any one or more of the members of the board of directors may be an\nofficial or an employee of a municipality situated within the district.\nIn the event that an official or an employee of such municipality shall\nbe appointed as a member of the board of directors, acceptance or\nretention of such appointment shall not be deemed a forfeiture of his or\nher municipal office or employment, or incompatible therewith or affect\nhis or her tenure or compensation in any way.\n  3. No action shall be taken by the authority except pursuant to the\nfavorable vote of three members of the board of directors.\n  4. The powers of the authority shall be vested in and shall be\nexercised by the board of directors at a meeting duly called and held.\nThree members of the board of directors shall constitute a quorum. The\nboard of directors may delegate to one or more of its members, or to one\nor more of the officers, agents or employees of the authority, such\npowers and duties as it may deem proper.\n  5. The officers of the authority shall consist of a chairperson,\ntreasurer, and secretary, who may, but need not be members of the board\nof directors. The officers of the authority shall be appointed by the\nboard of directors. The board of directors may appoint and at its\npleasure remove an attorney and an engineer, which positions, in\naddition to the officers above named, shall be in the exempt class of\nthe civil service and such additional officers and employees as it may\nrequire for the performance of its duties, fix and determine their\nqualifications, duties, compensations and terms of office or tenure,\nsubject to the provisions of the civil service law of the state and such\nrules as the civil service commission may adopt and make applicable to\nthe authority. The authority may also from time to time contract for\nexpert professional services. The duties of the officers shall be as\nfollows:\n  (a) Chairperson. The chairperson shall be the chief executive officer\nof the authority and it shall be the responsibility of the chairperson\nto:\n  (i) preside at all meetings of the board of directors and of the\nofficers;\n  (ii) manage the water facility, the transmission facility and the\ndistribution system and to effectuate the decisions of the board of\ndirectors;\n  (iii) exercise supervision over the conduct of the officers and\nemployees of the authority;\n  (iv) report annually to each customer, either by mail or by\npublication once in a newspaper having general circulation within the\ndistrict; such report shall include but not be limited to the following\ninformation:\n  (1) a brief financial account on operations of the water system\nincluding, but not limited to, water rates, total revenues, operating\nand maintenance expense, and interest on bonds and notes;\n  (2) the population served by the authority;\n  (3) the number of wells, towers and other storage facilities operated\nby the authority;\n  (4) the total pumpage of groundwater including the amount received\nthrough interdistrict interconnections and the estimated amount lost\nfrom the system;\n  (5) the single highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which exceeds the applicable county water\nquality standard or guideline, that standard or guideline, the site of\neach well at which each reported constituent was found, and the date on\nwhich each reported constituent was analyzed;\n  (6) the highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which does not exceed the applicable county\nwater standard or guideline, but which contains a level equal to or\ngreater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, the site of each well\nat which each reported constituent was found and the date on which each\nreported constituent was analyzed;\n  (7) once every five years, the highest level of any constituent\ndiscovered within the distribution system which contains a level equal\nto or greater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, and the resulting\naction taken by the authority;\n  (8) any well restricted, removed from service or otherwise limited in\nits use and the cause for such action;\n  (9) any actions taken to secure new supplies or replace lost capacity;\n  (10) the types of treatment which the water receives before entering\nthe distribution system;\n  (11) any compliance activities required by regulations of the\ndepartment of environmental conservation or the department of health or\nany local health department and any instances of noncompliance;\n  (12) the present condition of the distribution system and any\nsignificant actions, as determined by the authority, to improve or\nmaintain the system;\n  (13) any special public services the authority provides during the\nyear; and\n  (14) information on water conservation measures customers can\nimplement, such as, but not limited to, retrofitting plumbing fixtures,\naltering irrigation timing, using irrigation sensors, leak detection,\nproper use of water-consuming appliances, daily conscientious use of\nwater and estimated savings of water, energy, and money, from use of\nthese measures;\n  (v) execute all contracts in the name of the authority;\n  (vi) institute, at the direction of the board of directors, all civil\nactions in the name of the authority;\n  (vii) provide for the enforcement of all of the rules and regulations\nof the authority and cause all violations thereof to be prosecuted;\n  (viii) sign orders to pay claims when authorized by the board of\ndirectors;\n  (ix) sign checks in the absence or inability of the treasurer or\ndeputy treasurer, if any, when authorized by the board of directors; and\na certified copy of a resolution of the board of directors to that\neffect shall be notice to the depository of such authorization;\n  (x) appoint, subject to the approval of the board of directors,\nnon-elected officers, counsel, accountants, and other financial\nadvisors, engineers and other technical advisors;\n  (xi) employ, promote and discharge managers, supervisors and\nemployees; and\n  (xii) take all other reasonable and necessary actions to carry out his\nor her office as the chief executive of the authority. If the\nchairperson has not been appointed as a member of the board of directors\nof the authority pursuant to this section, such chairperson shall be\ndeemed an ex officio member of the board of directors. Such status shall\nnot carry with it the right to vote on matters coming before the board\nof directors nor shall the presence of such chairperson be counted for\nthe purpose of determining a quorum.\n  (b) Secretary. (i) The secretary shall be the recording and\ncorresponding officer of the authority and the custodian of the records\nof the authority.\n  (ii) The secretary shall prepare and send required notices of all\nmeetings when directed to do so by the chairperson or by the written\nrequest of four members who have specified the issues to be discussed at\nthe meeting.\n  (iii) In the absence or disability of the secretary, the chairperson\nmay appoint a temporary secretary.\n  (c) Treasurer. (i) The treasurer shall have custody of all moneys\nbelonging to the authority and keep accounts of all receipts and\nexpenditures in conformance with a uniform system of accounts formulated\nand prescribed by the comptroller pursuant to section thirty-six of the\ngeneral municipal law.\n  (ii) The treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the board of directors and the\npremium therefor shall be paid by the authority.\n  (iii) The treasurer shall deposit, within ten days after receipt\nthereof, in the name of the authority, in one or more banks, and/or\ntrust companies, designated by the board of directors, all moneys\nreceived by him or her.\n  (iv) The treasurer may sign checks with the facsimile signature of the\ntreasurer, as reproduced by a machine or device commonly known as a\nchecksigner, when authorized by the board of directors.\n  (v) The treasurer shall pay out moneys from the authority treasury\nonly as authorized by the board of directors and by law. All such\npayments, except as may be authorized by the board of directors for a\npetty cash account, shall be by check.\n  (vi) The treasurer shall issue a report on the finances of the\nauthority at each regular meeting of the board of directors.\n  (vii) The treasurer shall file in the office of the authority, within\nsixty days after the end of the fiscal year, a statement showing in\ndetail all revenues and expenditures during the previous fiscal year and\nthe outstanding indebtedness of the authority as of the end of the\nfiscal year. The members shall, within ten days, cause to be published\nonce in a newspaper having general circulation within the district, a\nnotice that the annual financial statement has been filed and is\navailable for inspection or a summary of such statement in a form\napproved by the comptroller, with an endorsement thereon that details\nthereof are on file in the office of the authority. The members shall\ncause to be audited by a certified public accountant engaged for that\npurpose, such report and supporting records.\n  6. The officers of the authority shall receive such compensation for\ntheir services as shall be fixed by the board of directors and shall be\nreimbursed for all necessary and actual expenses incurred in connection\nwith their duties as such officers and in connection with the carrying\nout of the purposes of this title.\n  7. The authority and its corporate existence shall continue until\nterminated by law or terminated pursuant to an affirmative vote of all\nfive members of the board of directors to retain the water supply system\nwithin the district which is in existence as of the effective date of\nthis title; provided, however, that no such law or vote shall take\neffect so long as the agency shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Except as provided in paragraph (d) of subdivision\none of section eleven hundred seventy-four-e of this article, upon\ntermination of the existence of the authority, all of the rights and\nproperties of the authority then remaining shall pass to and vest in the\ntowns within the district. Such property shall be apportioned and\ndistributed so each town shall receive the property located within its\nboundaries.\n  8. In addition to any powers granted to it by law, the governing body\nof each of the towns within the district, from time to time, may\nappropriate sums of money to defray project costs or any other costs and\nexpenses of the authority. Subject to the rights of bondholders, each\ngoverning body may determine if the moneys so appropriated shall be\nsubject to repayment by the authority to the towns, and in such event,\nthe manner and time or times for such repayment.\n  9. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts for design, construction, services and\nmaterials shall be deemed state contracts within the meaning of that\nterm as set forth in such article.\n  10. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the towns within the district and state,\nfor the improvement of their health, welfare and prosperity and that the\nsaid purposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n  11. (a) The county executive shall file on or before March\nthirty-first of the year following the year in which this title shall\nhave become law, in the office of the secretary of state, a certificate\nsigned by the county executive setting forth: (1) the name of the\nauthority; (2) the names of the members appointed by the county\nexecutive and their terms of office; and (3) the effective date of this\ntitle. The authority shall be perpetual in duration, except that if such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the authority shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the county.\n
N.Y. ELN Law § 8-708 — New York Code / Act ELN / Article 8 / Title 7 / Section 8-708
Early voting by mail; method of
Status: in_force

§ 8-708. Early voting by mail; method of. The early mail voter shall\nmark an early mail ballot as provided for paper ballots or ballots\nprepared for counting by ballot counting machines. They shall make no\nmark or writing whatsoever upon the ballot, except as above prescribed,\nand shall see that it bears no such mark or writing. They shall make no\nmark or writing whatsoever on the outside of the ballot. In cases where\nthe express intent of the voter is unambiguous, any stray marks or\nwriting shall not be a basis for voiding a ballot. After marking the\nballot or ballots they shall fold each such ballot and enclose them in\nthe envelope and seal the envelope. They shall then take and subscribe\nthe oath on the envelope, with blanks properly filled in. The envelope,\ncontaining the ballot or ballots, shall then be mailed or delivered to\nthe board of elections of the county or city of their residence or\ndeposited in a ballot drop box established by the board of elections of\nthe county or city of the voter's residence.\n
N.Y. GOB Law § 5-701 — New York Code / Act GOB / Article 5 / Title 7 / Section 5-701
Agreements required to be in writing
Status: in_force

§ 5-701. Agreements required to be in writing. a. Every agreement,\npromise or undertaking is void, unless it or some note or memorandum\nthereof be in writing, and subscribed by the party to be charged\ntherewith, or by his lawful agent, if such agreement, promise or\nundertaking:\n  1. By its terms is not to be performed within one year from the making\nthereof or the performance of which is not to be completed before the\nend of a lifetime;\n  2. Is a special promise to answer for the debt, default or miscarriage\nof another person;\n  3. Is made in consideration of marriage, except mutual promises to\nmarry;\n  5. Is a subsequent or new promise to pay a debt discharged in\nbankruptcy;\n  6. Notwithstanding section 2-201 of the uniform commercial code, if\nthe goods be sold at public auction, and the auctioneer at the time of\nthe sale, enters in a sale book, a memorandum specifying the nature and\nprice of the property sold, the terms of the sale, the name of the\npurchaser, and the name of the person on whose account the sale was\nmade, such memorandum is equivalent in effect to a note of the contract\nor sale, subscribed by the party to be charged therewith;\n  9. Is a contract to assign or an assignment, with or without\nconsideration to the promisor, of a life or health or accident insurance\npolicy, or a promise, with or without consideration to the promisor, to\nname a beneficiary of any such policy. This provision shall not apply to\na policy of industrial life or health or accident insurance.\n  10. Is a contract to pay compensation for services rendered in\nnegotiating a loan, or in negotiating the purchase, sale, exchange,\nrenting or leasing of any real estate or interest therein, or of a\nbusiness opportunity, business, its good will, inventory, fixtures or an\ninterest therein, including a majority of the voting stock interest in a\ncorporation and including the creating of a partnership interest.\n"Negotiating" includes procuring an introduction to a party to the\ntransaction or assisting in the negotiation or consummation of the\ntransaction. This provision shall apply to a contract implied in fact or\nin law to pay reasonable compensation but shall not apply to a contract\nto pay compensation to an auctioneer, an attorney at law, or a duly\nlicensed real estate broker or real estate salesman.\n  b. Notwithstanding paragraph one of subdivision a of this section:\n  1. An agreement, promise, undertaking or contract, which is valid in\nother respects and is otherwise enforceable, is not void for lack of a\nnote, memorandum or other writing and is enforceable by way of action or\ndefense provided that such agreement, promise, undertaking or contract\nis a qualified financial contract as defined in paragraph two of this\nsubdivision and (a) there is, as provided in paragraph three of this\nsubdivision, sufficient evidence to indicate that a contract has been\nmade, or (b) the parties thereto, by means of a prior or subsequent\nwritten contract, have agreed to be bound by the terms of such qualified\nfinancial contract from the time they reach agreement (by telephone, by\nexchange of electronic messages, or otherwise) on those terms.\n  2. For purposes of this subdivision, a "qualified financial contract"\nmeans an agreement as to which each party thereto is other than a\nnatural person and which is:\n  (a) for the purchase and sale of foreign exchange, foreign currency,\nbullion, coin or precious metals on a forward, spot, next-day value or\nother basis;\n  (b) a contract (other than a contract for the purchase and sale of a\ncommodity for future delivery on, or subject to the rules of, a contract\nmarket or board of trade) for the purchase, sale or transfer of any\ncommodity or any similar good, article, service, right, or interest\nwhich is presently or in the future becomes the subject of dealing in\nthe forward contract trade, or any product or byproduct thereof, with a\nmaturity date more than two days after the date the contract is entered\ninto;\n  (c) for the purchase and sale of currency, or interbank deposits\ndenominated in United States dollars;\n  (d) for a currency option, currency swap or cross-currency rate swap;\n  (e) for a commodity swap or a commodity option (other than an option\ncontract traded on, or subject to the rules of a contract market or\nboard of trade);\n  (f) for a rate swap, basis swap, forward rate transaction, or an\ninterest rate option;\n  (g) for a security-index swap or option or a security (or securities)\nprice swap or option;\n  (h) an agreement which involves any other similar transaction relating\nto a price or index (including, without limitation, any transaction or\nagreement involving any combination of the foregoing, any cap, floor,\ncollar or similar transaction with respect to a rate, commodity price,\ncommodity index, security (or securities) price, security-index or other\nprice index);\n  (i) for the assignment, sale, trade, participation or exchange of\nindebtedness or claims relating thereto arising in the course of the\nclaimant's business or profession (including but not limited to\ncommercial and/or bank loans, choses in action arising under or in\nconnection with loan agreements and private notes, and including forward\nsales), but only to the extent that such indebtedness or obligation was\nnot incurred by a natural person primarily for personal, family or\nhousehold purposes; or\n  (j) an option with respect to any of the foregoing.\n  3. There is sufficient evidence that a contract has been made if:\n  (a) There is evidence of electronic communication (including, without\nlimitation, the recording of a telephone call or the tangible written\ntext produced by computer retrieval), admissible in evidence under the\nlaws of this state, sufficient to indicate that in such communication a\ncontract was made between the parties;\n  (b) A confirmation in writing sufficient to indicate that a contract\nhas been made between the parties and sufficient against the sender is\nreceived by the party against whom enforcement is sought no later than\nthe fifth business day after such contract is made (or such other period\nof time as the parties may agree in writing) and the sender does not\nreceive, on or before the third business day after such receipt (or such\nother period of time as the parties may agree in writing), written\nobjection to a material term of the confirmation; for purposes of this\nsubparagraph, a confirmation or an objection thereto is received at the\ntime there has been actual receipt by an individual responsible for the\ntransaction or, if earlier, at the time there has been constructive\nreceipt which is the time actual receipt by such an individual would\nhave occurred if the receiving party, as an organization, has exercised\nreasonable diligence; and a "business day" for the purposes of this\nsubparagraph is a day on which both parties are open and transacting\nbusiness of the kind involved in that qualified financial contract which\nis the subject of the confirmation;\n  (c) The party against whom enforcement is sought admits in its\npleading, testimony or otherwise in court that a contract was made; or\n  (d) There is a note, memorandum or other writing sufficient to\nindicate that a contract has been made, signed by the party against whom\nenforcement is sought or by its authorized agent or broker.\n  For purposes of this paragraph evidence of an electronic communication\nindicating the making therein of a contract or a confirmation,\nadmission, note, memorandum or writing is not insufficient because it\nomits or incorrectly states one or more material terms agreed upon, so\nlong as such evidence provides a reasonable basis for concluding that a\ncontract was made.\n  4. For purposes of this subdivision, the tangible written text\nproduced by telex, telefacsimile, computer retrieval or other process by\nwhich electronic signals are transmitted by telephone or otherwise shall\nconstitute a writing and any symbol executed or adopted by a party with\nthe present intention to authenticate a writing shall constitute a\nsigning. The confirmation and notice of objection referred to in\nsubparagraph (b) of paragraph three of this subdivision may be\ncommunicated by means of telex, telefacsimile, computer or other similar\nprocess by which electronic signals are transmitted by telephone or\notherwise, provided that a party claiming to have communicated in such a\nmanner shall, unless the parties have otherwise agreed in writing, have\nthe burden of establishing actual or constructive receipt by the other\nparty as set forth in subparagraph (b) of paragraph three of this\nsubdivision.\n
N.Y. EDN Law § 6223 — New York Code / Act EDN / Title 7 / Article 125 / Section 6223
Deferred education payments
Status: in_force

§ 6223. Deferred education payments.  The board of trustees, by\nregulation, shall provide that upon request by a student attending any\ncollege of the city university who is an eligible veteran, the payment\nof tuition and other fees and charges, less the amounts payable for such\npurposes from scholarships or other financial assistance awarded said\nveteran pursuant to article thirteen of this chapter, article one\nhundred thirty of this chapter or any other college, state or federal\naid program, shall be deferred in such amounts and until such times as\nthe several payments of veterans' benefits under the Veterans'\nReadjustment Benefit Act of 1966, as amended, are received by the\nveteran, provided that the veteran has filed a claim for such benefits\nand presents to the city university proof of eligibility, extent of\nentitlement to benefits and the need for deferral until the receipt of\nsuch benefits.\n
N.Y. PBA Law § 1566 — New York Code / Act PBA / Article 7 / Title 7* / Section 1566
Actions against the authority
Status: in_force

* § 1566. Actions against the authority. In every action against the\nauthority for damages, for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for thirty\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year after the cause of\naction therefor shall have accrued, nor unless a notice of intention to\ncommence such action and of the time when and place where the damages or\npersonal injuries were incurred or sustained, together with a verified\nstatement showing in detail the property alleged to have been damaged or\ndestroyed and the value thereof, or the personal injuries alleged to\nhave been sustained and by whom, shall have been filed with the\nsecretary of the authority in the principal office of the authority\nwithin six months after such cause of action shall have accrued. An\naction against the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  * NB Dissolved December 31, 1977\n
N.Y. EDN Law § 5713 — New York Code / Act EDN / Title 7 / Article 115 / Section 5713
New York state agricultural experiment station
Status: in_force

§ 5713. New York state agricultural experiment station. 1. The\ninstitution known as the New York agricultural experiment station,\nlocated in the city of Geneva, for the purposes of promoting agriculture\nin its various branches by scientific investigation and experiment,\nestablished by chapter five hundred ninety-two of the laws of eighteen\nhundred eighty, shall continue to be controlled and managed by Cornell\nuniversity under the supervision of the state university trustees. Said\nstation shall be managed, controlled and administered by Cornell\nuniversity, as the representative of the state university trustees, in\nthe manner and with the powers provided by section fifty-seven hundred\ntwelve of this chapter. Cornell university shall have the power to\nappoint a director and such other scientific and expert workers and\nemployees deemed necessary to accomplish the objects of such experiment\nstation. In such station, said university shall, besides conducting\nexperiments for the promotion of agricultural science, perform and\nreport to the commissioner of agriculture and markets such analyses and\nother scientific work as such commissioner may request and consider to\nbe necessary for the administration of the provisions of the agriculture\nand markets law. The salaries and other expenses incurred by reason of\nsuch analyses and other scientific service shall be paid from funds\nappropriated for such purposes.\n  2. Cornell university is hereby authorized and empowered to publish\nfrom time to time bulletins giving information of the results of\nanalyses made at such station of any commodity or substance analyzed\nthereat and may in like manner publish bulletins containing the results\nof such analyses heretofore made and unpublished.\n  3. In addition to the number of copies otherwise required by law, the\ncommissioner of agriculture and markets may, with the approval of the\ngovernor, cause to be printed by the state printer such number of copies\nof any report of such station heretofore or hereafter made as he deems\nsufficient to meet the public demand therefor. The expense of printing\nsuch copies shall be paid out of the appropriation for legislative\nprinting, as provided by law. Such copies shall be delivered to such\ncommissioner and sold by him to the public at the actual cost thereof as\ndetermined by the comptroller.\n  4. The Cornell university is hereby designated as the institution\nwithin this state entitled to receive the benefits of the act of\ncongress of the United States, approved March second, eighteen hundred\neighty-seven, entitled "An act to establish agricultural experiment\nstations in connection with colleges established in the several states,\nunder the provision of an act approved July second eighteen hundred and\nsixty-two, and of the acts supplementary thereto." Such benefits of such\nact which this state is authorized thereby to apply to any college,\ninstitution or agricultural experiment station within this state are\napplied to Cornell university and this state consents that such\nappropriation, money, or benefits to or for the use of this state, or of\nany institution within this state, payable under or in pursuance of such\nact of congress, shall be paid to the treasurer of Cornell university\nwho is the officer designated to receive the same, to be used by Cornell\nuniversity in such proportion that nine-tenths thereof shall be applied\nto the use of the New York state college of agriculture and life\nsciences and one-tenth thereof to the New York state agricultural\nexperiment station at Geneva.  Such moneys shall be expended as provided\nin such act of congress. The department of taxation and finance shall\nkeep an account of all moneys received by it in pursuance of such act of\ncongress in a separate fund to the credit of the Cornell university and\nshall pay all moneys immediately upon receipt thereof by it to the\ntreasurer of such university, upon the warrant of the comptroller issued\nupon the order of the said university.\n
N.Y. BNK Law § 7010 — New York Code / Act BNK / Article 15 / Title 7 / Section 7010
Place and time of meetings of the board
Status: in_force

§ 7010. Place and time of meetings of the board. 1. Meetings, regular\nor special, of the board may be held at any place within or without this\nstate, unless otherwise provided by the organization certificate or the\nby-laws.\n  2. The board of every bank and trust company, stock-form savings bank,\nand stock-form savings and loan association shall, after their due\nqualification, hold an annual meeting for the election of officers\nwithin twenty-five days after the annual meeting of stockholders. The\nboard of every such corporation shall hold a regular monthly meeting at\nleast ten times a year provided, however, that during any three\nconsecutive calendar months the board shall meet at least twice. The\nexecutive committee shall meet at least once in each thirty day period\nduring which the board does not meet.\n  3. Subject to subdivisions one and two, the time and place for holding\nmeetings of the board may be fixed by or under the by-laws, or, if not\nso fixed, by the board.\n
N.Y. PBA Law § 1154 — New York Code / Act PBA / Article 5 / Title 7 / Section 1154
Powers of the authority
Status: in_force

§ 1154. Powers of the authority. The authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, in the name of the authority, lease, hold and dispose\nof real estate and personal property or any interest therein for its\ncorporate purposes, including the power to purchase prospective or\ntentative awards in connection with the exercise of the power of\ncondemnation hereinafter granted;\n  4. To purchase, in the name of the authority, any water supply system,\nwater distribution system, including plants, works, instrumentalities or\nparts thereof and appurtenances thereto, lands, easements, rights in\nland and water rights, rights-of-way, contract rights, franchises,\napproaches, connections, dams, reservoirs, water mains and pipe lines,\npumping stations and equipment, or any other property incidental to and\nincluded in such system or part thereof, and any improvements,\nextensions and betterments, situated wholly within the county, provided,\nhowever, that the authority shall have the power to purchase any source\nof supply, or water supply system or any part thereof situated wholly or\npartly without the territorial limits of the district; and in connection\nwith the purchase of such properties the authority may assume any\nobligations of the owner of such properties and, to the extent required\nby the terms of any indentures or other instruments under which such\nobligations were issued, the authority may assume and agree to perform\ncovenants and observe the restrictions contained in such instruments;\nand furthermore the owner of any properties, which the authority is\nauthorized to acquire, is hereby authorized to sell or otherwise\ntransfer the same to the authority, whereupon the authority shall become\ncharged with the performance of all public duties with respect to such\nproperties with which such owner was charged and such owner shall become\ndischarged from the performance thereof, and in the case of a sale or\nother transfer of properties of a public utility corporation pursuant to\nthis provision, it shall be lawful to dissolve such corporation;\n  5. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the county of Onondaga\nor at wholesale in the manner provided by subdivision eight of this\nsection as a means of so acquiring for such purposes, and the authority\nmay purchase all of the stock of any existing privately owned water\ncorporation or company, and thereafter, within a reasonable time, such\nwater corporation or company shall be dissolved;\n  6. To condemn in the name of the authority, within the territorial\nlimits of the county, any water supply system, water distribution\nsystem, including plants, works, instrumentalities, or parts thereof and\nappurtenances thereto, lands, easements, rights in land and water\nrights, rights-of-way, contract rights, franchises, approaches,\nconnections, dams, reservoirs, water mains and pipe lines, pumping\nstations and equipment or any other property incidental to and included\nin such system or part thereof, and any improvements, extensions and\nbetterments for the purpose of supplying water for domestic, commercial\nand public purposes at retail to individual consumers within the county\nof Onondaga or at wholesale in the manner provided by subdivision eight\nof this section. The authority shall exercise the power of condemnation\nhereby granted in the manner provided by the condemnation law and title\nto the properties described in the condemnation proceedings shall become\nand be vested in the authority in accordance with the provisions of the\ncondemnation law. In the exercise of such power of condemnation, the\nproperty being condemned shall be deemed, when so determined by the\nauthority, to be for a public use superior to the public use in the\nhands of any other person, association, or corporation, provided,\nhowever, that the authority shall have no power to condemn property the\nlegal title to which is vested in a municipality or a political\nsubdivision of the state, unless such municipality or political\nsubdivision shall consent thereto.\n  7. To construct and develop any water supply system, water\ndistribution system including plants, works, instrumentalities, or parts\nthereof, and appurtenances thereto, dams, reservoirs, water mains, pipe\nlines, pumping stations and equipment, or any other property incidental\nto or included in such system or part thereof within the county of\nOnondaga, and to acquire, by condemnation in the manner provided by this\ntitle, or by purchase, lands, easements, rights in land, and water\nrights and rights-of-way in connection therewith within such county; and\nto own and operate, maintain, repair, improve, reconstruct, enlarge and\nextend, subject to the provisions of this title, any of its properties\nacquired or constructed under this title, all of which, together with\nthe acquisition of such properties are hereby declared to be public\npurposes;\n  8. To sell water by volume to any or all municipalities, duly\nestablished water districts or privately owned public water supply and\ndistribution systems in such county. The fact that any municipality has\nprocured or is about to procure an independent source of water supply\nshall not prevent such municipality from purchasing water from the\nauthority. To sell any water not needed in such county to any duly\nestablished water district, municipality or privately owned public water\nsupply and distribution system outside of the county in which created.\nNot only may the authority sell any surplus water it may have developed,\nbut it may develop and provide a sufficient amount of water so as to\nsupply water outside of the county to any municipality, duly established\nwater district or privately owned public water supply and distribution\nsystem;\n  9. To purchase water in bulk from any person, private corporation or\nmunicipality when necessary or convenient for the operation of such\nwater supply and distribution system;\n  10. To acquire, hold, use, lease, sell, transfer and dispose of any\nproperty, real, personal or mixed, or interest therein, for its\ncorporate purposes, including the right to sell, lease, convey or\notherwise dispose of any distribution system or improvements thereto\nwhich the authority may acquire or construct to any municipal\ncorporation or town water district, town water supply district, or to\nthe county;\n  11. To produce, develop, distribute and sell water or water services\nwithin or without the territorial limits of the district; and to\npurchase water from any municipal corporation, town water district,\nperson, association or corporation; provided, however, that water may be\nsold at retail to individual consumers only within the county of\nOnondaga and further provided that in exercising the powers granted by\nthis title, the authority shall not sell water in any area which is\nserved by a water system owned or operated by a municipality or special\nimprovement district unless the governing board of such municipality or\ndistrict shall adopt a resolution requesting the authority to sell water\nin such served area; and the authority shall not interfere with any\nwater supply or water system of any municipality unless requested by\nsuch municipality after such municipality has held a referendum on such\nquestion and approval given thereon;\n  12. To make by-laws for the management and regulation of its affairs\nand subject to agreements with bondholders, rules for the sale of water\nand the collection of rents and charges therefor. A copy of such rules\nand by-laws, and all amendments thereto, duly certified by the secretary\nof the authority shall be filed in the office of the clerk of the county\nand thereafter published once in two newspapers having a general\ncirculation in the county. Violation of such rules shall be punishable\nby fine, not exceeding fifty dollars, or by imprisonment for not longer\nthan thirty days, or both. Exclusive jurisdiction is hereby conferred\nupon the local criminal courts of the county, outside the city of\nSyracuse, which have trial jurisdiction, to hear and determine, subject\nto the provisions of the criminal procedure law, any violation of this\ntitle;\n  13. To use the officers, employees, facilities and equipment of the\ncounty with the consent of the county, paying a proper portion of the\ncompensation or cost;\n  14. To make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnon-negotiable;\n  15. To enter on any lands, waterways and premises for the purpose of\nmaking surveys, soundings and examinations;\n  16. To borrow money and to issue negotiable bonds or notes or other\nobligations and to fund or refund the same, and to provide for the\nrights of the holders of its obligations;\n  17. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds, notes or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue the expense of operating and maintaining the properties of the\nauthority together with proper reserves for depreciation, maintenance\nand contingencies and all other obligations and indebtedness of the\nauthority;\n  18. To enter into cooperative agreements with other water authorities,\nmunicipalities, counties, towns, villages, water districts, utility\ncompanies, individuals, firms or corporations, within or without the\nterritorial limits of the district for the interconnection of\nfacilities, the exchange or interchange of services and commodities, and\nwithin the territorial limits of the district to enter into a contract\nfor the construction and operation and maintenance of a water supply and\ndistribution system by the authority for any municipality having power\nto construct and develop a water supply and distribution system, upon\nsuch terms and conditions as shall be determined to be reasonable\nincluding, but not limited to the reimbursement of all costs of such\nconstruction, or for any other lawful purposes necessary or desirable to\neffect the purposes of this title;\n  19. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the county, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  20. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n  21. To contract with the board of supervisors of the county of\nOnondaga for the acquisition, construction and development of a water\nsupply and distribution system, or any part or parts thereof, on behalf\nof a county water district or districts, and to contract for the\noperation and management of any such district or districts, in\naccordance in each case with the provisions of article five-A of the\ncounty law.\n  22. To act as a county water agency in accordance with the provisions\nof article five-A of the county law.\n  23. To contract for the purposes of subdivision twenty-four of section\nten of article two of the highway law.\n  24. Notwithstanding any other provision of this section, to purchase,\nconstruct, lease and operate water systems and properties in the towns\nof Sullivan, Lenox, Lincoln, Volney, Verona, Vienna, Hannibal, Hastings,\nMinetto, Schroeppel, Scriba, Oswego, West Monroe, Annsville, Granby,\nConstantia, Parish and Sterling to enter into any contract authorized by\nthis section with any municipality within the territorial limits of said\ntowns, and to supply and sell any water not needed in the county of\nOnondaga at retail or at wholesale to individual consumers within the\nterritorial limits of said towns.\n
N.Y. PBA Law § 1553*2 — New York Code / Act PBA / Article 7 / Title 7* / Section 1553*2
Purpose and powers of the authority
Status: in_force

* § 1553. Purpose and powers of the authority. The purpose of the\nauthority shall be to construct, operate and maintain one or more\nprojects in the village. To carry out said purpose, the authority shall\nhave power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire in the name of the village by purchase or condemnation,\nand use necessary real property. All real property acquired by the\nauthority by condemnation shall be acquired in the manner provided in\nthe condemnation law or in the manner provided by law for the\ncondemnation of land by the village;\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the village to use agents, employees, and\nfacilities of the village, paying to the village its agreed proportion\nof the compensation or costs;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as hereinafter provided;\n  8. To appoint an attorney, who may be the corporation counsel, and to\nfix his compensation;\n  9. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  10. To construct such buildings, structures and facilities as may be\nnecessary;\n  11. To reconstruct, improve, maintain and operate the projects:\n  12. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the village, or an individual, by bequest or otherwise, and to\nexpend the proceeds for any purposes of the authority;\n  13. To fix and collect rentals, fees and other charges for the use of\nthe projects or any of them subject to and in accordance with such\nagreements with bondholders as may be made as hereinafter provided;\n  14. To construct, operate or maintain in the projects all facilities\nnecessary or convenient in connection therewith; and to contract for the\nconstruction, operation or maintenance of any parts thereof or for\nservices to be performed; to rent parts thereof, and grant concessions,\nall on such terms and conditions as it may determine; provided, however,\nthat neither the authority, the village of Endicott, or any agency of\nthe authority or village, or any other person, firm or corporation\nshall, within or on any property comprising a part of any project\nauthorized by this title, sell, dispense or otherwise handle any product\nused in or for the servicing of any motor vehicle using any project or\nfacility authorized by this section; provided further, that the location\nof sites of the projects shall be subject to the prior approval of the\nboard of trustees of the village.\n  * NB Dissolved December 31, 1977\n  * NB There are 2 § 1553's\n
N.Y. PBH Law § 3397 — New York Code / Act PBH / Article 33 / Title 7 / Section 3397
Fraud and deceit
Status: in_force

§ 3397. Fraud and deceit. 1. No person shall:\n  (a) obtain or attempt to obtain a controlled substance, a prescription\nfor a controlled substance or an official New York State prescription\nform,\n  (i) by fraud, deceit, misrepresentation or subterfuge; or\n  (ii) by the concealment of a material fact; or\n  (iii) by the use of a false name or the giving of a false address;\n  (b) wilfully make a false statement in any prescription, order,\napplication, report or record required by this article;\n  (c) falsely assume the title of, or represent himself to be a licensed\nmanufacturer, distributor, pharmacy, pharmacist, practitioner,\nresearcher, approved institutional dispenser, owner or employee of a\nregistered outsourcing facility or other authorized person, for the\npurpose of obtaining a controlled substance;\n  (d) make or utter any false or forged prescription or false or forged\nwritten order;\n  (e) affix any false or forged label to a package or receptacle\ncontaining controlled substances; or\n  (f) imprint on or affix to any controlled substance a false or forged\ncode number or symbol.\n  2. Possession of a false or forged prescription for a controlled\nsubstance by any person other than a pharmacist in the lawful pursuance\nof his profession shall be presumptive evidence of his intent to use the\nsame for the purpose of illegally obtaining a controlled substance.\n  3. Possession of a blank official New York state prescription form by\nany person to whom it was not lawfully issued shall be presumptive\nevidence of such person's intent to use same for the purpose of\nillegally obtaining a controlled substance.\n  4. Any person who, in the course of treatment, is supplied with a\ncontrolled substance or a prescription therefor by one practitioner and\nwho, without disclosing the fact, is supplied during such treatment with\na controlled substance or a prescription therefor by another\npractitioner shall be guilty of a violation of this article.\n
N.Y. ENV Law § 24-0703 — New York Code / Act ENV / Article 24 / Title 7 / Section 24-0703
Applications for permits
Status: in_force

§ 24-0703. Applications for permits.\n  1. Any person proposing to conduct or cause to be conducted a\nregulated activity upon any freshwater wetland shall file an application\nfor a permit with the clerk of the local government having jurisdiction\nor the department, as the case may be. Review of the application shall\nbe made by the local government or the commissioner, as the case may be,\nin accordance with applicable law and such rules hereunder as may be\nadopted by the commissioner. Such application shall include a detailed\ndescription of the proposed activity and a map showing the area of\nfreshwater wetland directly affected, with the location of the proposed\nactivity thereon. For any person proposing to conduct or cause to be\nconducted a regulated activity involving the use of a pipeline upon any\nfreshwater wetland, such application shall also include the name of the\ninsurance company covering such proposed activity, the amount of\ncoverage and what is covered under the plan. The clerk or commissioner\nshall cause notice of such application to be mailed to all local\ngovernments where the proposed activity or any part of it is located.\n  2. No sooner than thirty days and not later than sixty days after the\nreceipt by a local government of an application, and after notice of\napplication has been published by the applicant in two newspapers having\na general circulation in the area, the local government shall hold a\npublic hearing on such application at a suitable location in the local\ngovernment where the affected wetland is situated unless no notice of\nobjection has been filed or unless the local government finds the\nactivity to be of such a minor nature as not to affect or endanger the\nbalance of systems within the wetlands, in which case the local\ngovernment may, in the exercise of discretion, dispense with such\nhearing. Where the local government finds that a hearing is not\nnecessary, a decision setting forth reasons therefor shall be prepared,\nshall be a matter of public record and shall be mailed to all local\ngovernments where the proposed work or any part of it is located and to\nall persons who filed a statement with the local government following\nthe publication of such notice of application. All owners of record of\nthe adjacent land and the local governments where the proposed activity\nis located shall be notified by certified mail of the hearing not less\nthan fifteen days prior to the date set for such hearing. The local\ngovernment shall cause notice of such hearing to be published in two\nnewspapers having a general circulation in the area where the affected\nfreshwater wetlands are located. All applications and maps and documents\nrelating thereto shall be open for public inspection at the office of\nthe clerk of the local government in which the wetland is situated. At\nsuch hearing any person or persons filing a request for a hearing or a\ntimely notice of appearance may appear and be heard.\n  3. In addition to the provisions of article 70 of this chapter and\nrules and regulations adopted thereunder, the rules and regulations\nadopted by the department pursuant to this article to implement its\nprocessing of permit applications, renewals, modifications, suspensions\nand revocations shall govern permit administration by the department\nunder this article, provided however, that after the department has\ngiven notice to an applicant that an application is complete, or the\napplication is deemed complete, the applicant shall cause a notice of\napplication to be published in a newspaper of general circulation in the\naffected area as provided in rules and regulations of the department.\n  4. The applicant shall have the burden of demonstrating that the\nproposed activity will be in accord with the policies and provisions of\nthis article. To the greatest extent practicable, such hearing shall be\nincorporated with any public hearing required by the town, village,\ngeneral city, general municipal or environmental conservation laws in\nconnection with approvals or permits otherwise required before\ncommencement of regulated activities on lands containing such wetlands.\n  5. Any person may inquire of the department as to whether or not a\ngiven parcel of land includes a freshwater wetland subject to regulation\nor a regulated freshwater wetland adjacent area. The department shall\ngive a definite answer in writing within ninety days of such request as\nto the status of such parcel and whether a permit is required for the\nproposed activity, provided that the person has a delineation verified\nby the department and site-specific development plans. Provided that, in\nthe event that weather or ground conditions prevent the department from\nmaking a determination within ninety days, it may extend such period\nuntil a determination can be made. Such answer in the affirmative shall\nbe reviewable; such an answer in the negative shall be a complete\ndefense to the enforcement of this article as to such parcel of land for\na period of five years from the date the department issues the negative\nanswer.\n
N.Y. ENV Law § 21-0701 — New York Code / Act ENV / Article 21 / Title 7 / Section 21-0701
Delaware river basin compact
Status: in_force

§ 21-0701. Delaware river basin compact.\n  The Delaware river basin compact as first entered into pursuant to\nchapter 148 of the laws of 1961, as renumbered by chapter 801 of the\nlaws of 1962, and as amended by chapter 262 of the laws of 1970, is\nhereby continued as follows:\n  The Delaware river basin compact is hereby entered into and enacted\ninto law, subject to the execution by the Governor as provided in said\ncompact and in accordance with its terms. The compact is as follows:\n  WHEREAS the signatory parties recognize the water and related\nresources of the Delaware basin as regional assets vested with local,\nstate and national interests, for which they have a joint\nresponsibility; and\n  WHEREAS the conservation, utilization, development, management and\ncontrol of the water and related resources of the Delaware River Basin\nunder a comprehensive multi-purpose plan will bring the greatest\nbenefits and produce the most efficient service in the public welfare;\nand\n  WHEREAS such a comprehensive plan administered by a basin-wide agency\nwill provide effective flood damage reduction; conservation and\ndevelopment of ground and surface water supply for municipal, industrial\nand agricultural uses; development of recreational facilities in\nrelation to reservoirs, lakes and streams; propagation of fish and game;\npromotion of related forestry, soil conservation and watershed projects;\nprotection and aid to fisheries dependent upon water resources;\ndevelopment of hydro-electric power potentialities; improved navigation;\ncontrol of the movement of salt water; abatement and control of stream\npollution; and regulation of stream flows toward the attainment of these\ngoals; and\n  WHEREAS decisions of the United States Supreme Court relating to the\nwaters of the basin have confirmed the interstate regional character of\nthe water resources of the Delaware River Basin, and the United States\nCorps of Engineers has in a prior report on the Delaware River Basin\n(House Document 179, 73d Cong., 2nd Sess.) officially recognized the\nneed for an interstate agency and the economies that can result from\nunified development and control of the water resources of the basin; and\n  WHEREAS the water resources of the basin are presently subject to the\nduplicating, overlapping and uncoordinated administration of some 43\nstate agencies, 14 interstate agencies and 19 federal agencies which\nexercise a multiplicity of powers and duties resulting in a splintering\nof authority and responsibilities; and\n  WHEREAS the joint advisory body known as the Interstate Commission on\nthe Delaware River Basin (INCODEL), created by the respective\ncommissions or committee on Interstate Cooperation of the States of\nDelaware, New Jersey, New York and Pennsylvania, has on the basis of its\nextensive investigations, surveys and studies concluded that regional\ndevelopment of the Delaware River Basin is feasible, advisable and\nurgently needed; and has recommended that an interstate compact with\nfederal participation be consummated to this end; and\n  WHEREAS the Congress of the United States and the executive branch of\nthe government have recognized the national interest in the Delaware\nRiver Basin by authorizing and directing the Corps of Engineers, U.S.\nDepartment of the Army, to make a comprehensive survey and report on the\nwater and related resources of the Delaware River Basin, enlisting the\ntechnical aid and planning participation of many federal, state and\nmunicipal agencies dealing with the waters of the basin, and in\nparticular the federal departments of Agriculture, Commerce, Health,\nEducation and Welfare, Interior, and Federal Power Commission; and\n  WHEREAS some 22,000,000 people of the United States at present live\nand work in the region of the Delaware River Basin and its environs, and\nthe government, employment, industry and economic development of the\nentire region and the health, safety and general welfare of its\npopulation are and will continue to be vitally affected by the use,\nconservation, management and control of the water and related resources\nof the Delaware River Basin; and\n  WHEREAS demands upon the waters and related resources of the basin are\nexpected to mount rapidly because of the anticipated increase in the\npopulation of the region projected to reach 30,000,000 by 1980 and\n40,000,000 by 2010, and because of the anticipated increase in\nindustrial growth projected to double by 1980; and\n  WHEREAS water resources planning and development is technical, complex\nand expensive, and has often required fifteen to twenty years from the\nconception to the completion of a large dam and reservoir; and\n  WHEREAS the public interest requires that facilities must be ready and\noperative when needed, to avoid the catastrophe of unexpected floods or\nprolonged drought, and for other purposes; and\n  WHEREAS the Delaware River Basin Advisory Committee, a temporary body\nconstituted by the governors of the four basin states and the mayors of\nthe cities of New York and Philadelphia, has prepared a draft of an\ninterstate-federal compact for the creation of a basin agency, and the\nsignatory parties desire to effectuate the purposes thereof;\n  Now therefore the states of Delaware, New Jersey and New York and the\nCommonwealth of Pennsylvania, and the United States of America hereby\nsolemnly covenant and agree with each other, upon the enactment of\nconcurrent legislation by the Congress of the United States and by the\nrespective state legislatures, having the same effect as this Part as\nfollows:\n      ARTICLE 1--SHORT TITLE, DEFINITIONS, PURPOSE AND LIMITATIONS\nSection 1.1 Short title.\n  This act shall be known and may be cited as the Delaware River Basin\nCompact.\n1.2. Definitions.\n  For the purposes of this compact, and of any supplemental or\nconcurring legislation enacted pursuant thereto, except as may be\notherwise required by the context:\n  (a) "Basin" shall mean the area of drainage into the Delaware River\nand its tributaries, including Delaware Bay;\n  (b) "Commission" shall mean the Delaware River Basin Commission\ncreated and constituted by this compact;\n  (c) "Compact" shall mean the compact as contained title 7 of article\n21 of the Environmental Conservation Law.\n  (d) "Cost" shall mean direct and indirect expenditures, commitment,\nand net induced adverse effects, whether or not compensated for, used or\nincurred in connection with the establishment, acquisition,\nconstruction, maintenance and operation of a project;\n  (e) "Facility" shall mean any real or personal property, within or\nwithout the basin, and improvements thereof or thereon, and any and all\nrights of way, water, water rights, plants, structures, machinery and\nequipment, acquired, constructed, operated or maintained for the\nbeneficial use of water resources or related land uses including,\nwithout limiting the generality of the foregoing, any and all things and\nappurtenances necessary, useful or convenient for the control,\ncollection, storage, withdrawal, diversion, release, treatment,\ntransmission, sale or exchange of water; or for navigation thereon, or\nthe development and use of hydroelectric energy and power, and public\nrecreational facilities; or the propagation of fish and wildlife; or to\nconserve and protect the water resources of the basin or any existing or\nfuture water supply source, or to facilitate any other uses of any of\nthem;\n  (f) "Federal government" shall mean the government of the United\nStates of America, and any appropriate branch, department, bureau or\ndivision thereof, as the case may be;\n  (g) "Project" shall mean any work, service or activity which is\nseparately planned, financed, or identified by the commission, or any\nseparate facility undertaken or to be undertaken within a specified\narea, for the conservation, utilization, control, development or\nmanagement of water resources which can be established and utilized\nindependently or as an addition to an existing facility, and can be\nconsidered as a separate entity for purposes of evaluation;\n  (h) "Signatory party" shall mean a state or commonwealth party to this\ncompact, and the federal government;\n  (i) "Water resources" shall include water and related natural\nresources in, on, under, or above the ground, including related uses of\nland, which are subject to beneficial use, ownership or control.\n1.3 Purpose and findings.\n  The legislative bodies of the respective signatory parties hereby find\nand declare:\n  (a) The water resources of the basin are affected with a local, state,\nregional and national interest and their planning, conservation,\nutilization, development, management and control, under appropriate\narrangements for intergovernmental cooperation, are public purposes of\nthe respective signatory parties.\n  (b) The water resources of the basin are subject to the soverign right\nand responsibility of the signatory parties, and it is the purpose of\nthis compact to provide for a joint exercise of such powers of\nsovereignty in the common interests of the people of the region.\n  (c) The water resources of the basin are functionally interrelated,\nand the uses of these resources are interdependent. A single\nadministrative agency is therefore essential for effective and\neconomical direction, supervision and coordination of efforts and\nprograms of federal, state and local governments and of private\nenterprise.\n  (d) The water resources of the Delaware River Basin, if properly\nplanned and utilized, are ample to meet all presently projected demands,\nincluding existing and added diversions in future years; and ever\nincreasing economies and efficiencies in the use and reuse of water\nresources can be brought about by comprehensive planning, programming\nand management.\n  (e) In general, the purposes of this compact are to promote interstate\ncomity; to remove causes of present and future controversy; to make\nsecure and protect present developments within the states; to encourage\nand provide for the planning, conservation, utilization, development,\nmanagement and control of the water resources of the basin; to provide\nfor cooperative planning and action by the signatory parties with\nrespect to such water resources; and to apply the principle of equal and\nuniform treatment to all water users who are similarly situated and to\nall users of related facilities, without regard to established political\nboundaries.\n1.4 Powers of Congress; withdrawal.\n  Nothing in this compact shall be construed to relinquish the\nfunctions, powers or duties of the Congress of the United States with\nrespect to the control of any navigable waters within the basin, nor\nshall any provision hereof be construed in derogation of any of the\nconstitutional powers of the Congress to regulate commerce among the\nstates and with foreign nations. The power and right of the Congress to\nwithdraw the federal government as a party to this compact or to revise\nor modify the terms, conditions and provisions under which it may remain\na party by amendment, repeal or modification of any federal statute\napplicable thereto is recognized by the signatory parties.\n1.5 Existing agencies; construction.\n  It is the purpose of the signatory parties to preserve and utilize the\nfunctions, powers and duties of existing offices and agencies of\ngovernment to the extent not inconsistent with this compact, and the\ncommission is authorized and directed to utilize and employ such offices\nand agencies for the purpose of this compact to the fullest extent it\nfinds feasible and advantageous.\n1.6 Duration of compact.\n  (a) The duration of this compact shall be for an initial period of 100\nyears from its effective date, and it shall be continued for additional\nperiods of 100 years if not later than 20 years nor sooner than 25 years\nprior to the termination of the initial period or any succeeding period\nnone of the signatory states, by authority of an act of its legislature,\nnotifies the commission of intention to terminate the compact at the end\nof the then current 100 year period.\n  (b) In the event that this compact should be terminated by operation\nof paragraph (a) above, the commission shall be dissolved, its assets\nand liabilities transferred, and its corporate affairs wound up, in such\nmanner as may be provided by act of the Congress.\n                    ARTICLE 2--ORGANIZATION AND AREA\nSection 2.1 Commission created.\n  The Delaware River Basin Commission is hereby created as a body\npolitic and corporate, with succession for the duration of this compact,\nas an agency and instrumentality of the governments of the respective\nsignatory parties.\n2.2 Commission membership.\n  The commission shall consist of the Governors of the signatory states,\nex officio, and one commissioner to be appointed by the President of the\nUnited States to serve during the term of office of the President.\n2.3 Alternates.\n  Each member of the commission shall appoint an alternate to act in his\nplace and stead, with authority to attend all meetings of the\ncommission, and with power to vote in the absence of the member. Unless\notherwise provided by law of the signatory party for which he is\nappointed, each alternate shall serve during the term of the member\nappointing him, subject to removal at the pleasure of the member. In the\nevent of a vacancy in the office of alternate, it shall be filled in the\nsame manner as an original appointment for the unexpired term only.\n2.4 Compensation.\n  Members of the commission and alternates shall serve without\ncompensation but may be reimbursed for necessary expenses incurred in\nand incident to the performance of their duties.\n2.5 Voting power.\n  Each member shall be entitled to one vote on all matters which may\ncome before the commission. No action of the commission shall be taken\nat any meeting unless a majority of the membership shall vote in favor\nthereof.\n2.6 Organization and procedure.\n  The commission shall provide for its own organization and procedure,\nand shall adopt rules and regulations governing its meetings and\ntransactions. It shall organize annually by the election of a chairman\nand vice-chairman from among its members. It shall provide by its rules\nfor the appointment by each member in his discretion of an advisor to\nserve without compensation, who may attend all meetings of the\ncommission and its committees.\n2.7 Jurisdiction of the commission.\n  The commission shall have, exercise and discharge its functions,\npowers and duties within the limits of the basin, except that it may in\nits discretion act outside the basin whenever such action may be\nnecessary or convenient to effectuate its powers or duties within the\nbasin, or to sell or dispose of water, hydroelectric power or other\nwater resources within or without the basin. The commission shall\nexercise such power outside the basin only upon the consent of the state\nin which it proposes to act.\n             ARTICLE 3--POWERS AND DUTIES OF THE COMMISSION\nSection 3.1 Purpose and policy.\n  The commission shall develop and effectuate plans, policies and\nprojects relating to the water resources of the basin. It shall adopt\nand promote uniform and coordinated policies for water conservation,\ncontrol, use and management in the basin. It shall encourage the\nplanning, development and financing of water resources projects\naccording to such plans and policies.\n3.2 Comprehensive plan, program and budgets.\n  The commission shall, in accordance with Article 13 of this compact,\nformulate and adopt:\n  (a) A comprehensive plan, after consultation with water users and\ninterested public bodies, for the immediate and long range development\nand uses of the water resources of the basin;\n  (b) A water resources program, based upon the comprehensive plan,\nwhich shall include a systematic presentation of the quantity and\nquality of water resources needs of the area to be served for such\nreasonably foreseeable period as the commission may determine, balanced\nby existing and proposed projects required to satisfy such needs,\nincluding all public and private projects affecting the basin, together\nwith a separate statement of the projects proposed to be undertaken by\nthe commission during such period; and\n  (c) An annual current expense budget, and an annual capital budget\nconsistent with the water resources program covering the commission's\nprojects and facilities for the budget period.\n3.3 Allocations, diversions and releases.\n  The commission shall have the power from time to time as need appears,\nin accordance with the doctrine of equitable apportionment, to allocate\nthe waters of the basin to and among the states signatory to this\ncompact and to and among their respective political subdivisions, and to\nimpose conditions, obligations and release requirements related thereto,\nsubject to the following limitations:\n  (a) The commission, without the unanimous consent of the parties to\nthe United States Supreme Court decree in New Jersey v. New York, 347\nU.S.  995 (1954), shall not impair, diminish or otherwise adversely\naffect the diversions, compensating releases, rights, conditions,\nobligations, and provisions for the administration thereof as provided\nin said decree; provided, however, that after consultation with the\nriver master under said decree the commission may find and declare a\nstate of emergency resulting from a drought or catastrophe and it may\nthereupon by unanimous consent of its members authorize and direct an\nincrease or decrease in any allocation or diversion permitted or\nreleases required by the decree, in such manner and for such limited\ntime as may be necessary to meet such an emergency condition.\n  (b) No allocation of waters hereafter made pursuant to this section\nshall constitute a prior appropriation of the waters of the basin or\nconfer any superiority of right in respect to the use of those waters,\nnor shall any such action be deemed to constitute an apportionment of\nthe waters of the basin among the parties hereto; provided that this\nparagraph shall not be deemed to limit or restrict the power of the\ncommission to enter into covenants with respect to water supply, with a\nduration not exceeding the life of this compact, as it may deem\nnecessary for the benefit or development of the water resources of the\nbasin.\n  (c) Any proper party deeming itself aggrieved by action of the\ncommission with respect to an out-of-basin diversion or compensating\nreleases in connection therewith, notwithstanding the powers delegated\nto the commission by this compact may invoke the original jurisdiction\nof the United States Supreme Court within one year after such action for\nan adjudication and determination thereof de novo. Any other action of\nthe commission pursuant to this section shall be subject to judicial\nreview in any court of competent jurisdiction.\n3.4 Supreme court decree; waivers.\n  Each of the signatory states and their respective political\nsubdivisions, in consideration of like action by the others, and in\nrecognition of reciprocal benefits, hereby waives and relinquishes for\nthe duration of this compact any right, privilege or power it may have\nto apply for any modification of the terms of the decree of the United\nStates Supreme Court in New Jersey v. New York, 347 U.S. 995 (1954)\nwhich would increase or decrease the diversions authorized or increase\nor decrease the releases required thereunder, except that a proceeding\nto modify such decree to increase diversions or compensating releases in\nconnection with such increased diversions may be prosecuted by a proper\nparty to effectuate rights, powers, duties and obligations under Section\n3.3 of this compact, and except as may be required to effectuate the\nprovisions of paragraphs III B 3 and V B of said decree.\n3.5 Supreme court decree; specific limitations on commission.\n  Except as specifically provided in Sections 3.3 and 3.4 of this\narticle, nothing in this compact shall be construed in any way to\nimpair, diminish or otherwise adversely affect the rights, powers,\nprivileges, conditions and obligations contained in the decree of the\nUnited States Supreme Court in New Jersey v. New York, 347 U.S. 995\n(1954). To this end, and without limitation thereto, the commission\nshall not:\n  (a) Acquire, construct or operate any project or facility or make any\norder or take any action which would impede or interfere with the\nrights, powers, privileges, conditions or obligations contained in said\ndecree;\n  (b) Impose or collect any fee, charge or assessment with respect to\ndiversions of waters of the basin permitted by said decree;\n  (c) Exercise any jurisdiction, except upon consent of all the parties\nto said decree, over the planning, design, construction, operation or\ncontrol of any projects, structures or facilities constructed or used in\nconnection with withdrawals, diversions and releases of waters of the\nbasin authorized by said decree or of the withdrawals, diversions or\nreleases to be made thereunder; or\n  (d) Serve as river master under said decree, except upon consent of\nall the parties thereto.\n3.6 General powers.\n  The commission may:\n  (a) Plan, design, acquire, construct, reconstruct, complete, own,\nimprove, extend, develop, operate and maintain any and all projects,\nfacilities, properties, activities and services, determined by the\ncommission to be necessary, convenient or useful for the purposes of\nthis compact;\n  (b) Establish standards of planning, design and operation of all\nprojects and facilities in the basin which affect its water resources,\nincluding without limitation thereto water and waste treatment plants,\nstream and lake recreational facilities, trunk mains for water\ndistribution, local flood protection works, small watershed management\nprograms, and ground water recharging operations;\n  (c) Conduct and sponsor research on water resources, their planning,\nuse, conservation, management, development, control and protection, and\nthe capacity, adaptability and best utility of each facility thereof,\nand collect, compile, correlate, analyze, report and interpret data on\nwater resources and uses in the basin, including without limitation\nthereto the relation of water to other resources, industrial water\ntechnology, ground water movement, relation between water price and\nwater demand, and general hydrological conditions;\n  (d) Compile and coordinate systematic stream stage and ground water\nlevel forecasting data, and publicize such information when and as\nneeded for water uses, flood warning, quality maintenance or other\npurposes;\n  (e) Conduct such special ground water investigations, tests, and\noperations and compile such data relating thereto as may be required to\nformulate and administer the comprehensive plan;\n  (f) Prepare, publish and disseminate information and reports with\nrespect to the water problems of the basin and for the presentation of\nthe needs, resources and policies of the basin to executive and\nlegislative branches of the signatory parties;\n  (g) Negotiate for such loans, grants, services or other aids as may be\nlawfully available from public or private sources to finance or assist\nin effectuating any of the purposes of this compact; and to receive and\naccept such aid upon such terms and conditions, and subject to such\nprovisions for repayment as may be required by federal or state law or\nas the commission may deem necessary or desirable;\n  (h) Exercise such other and different powers as may be delegated to it\nby this compact or otherwise pursuant to law, and have and exercise all\npowers necessary or convenient to carry out its express powers or which\nmay be reasonably implied therefrom.\n3.7 Rates and charges.\n  The commission may from time to time after public notice and hearing\nfix, alter and revise rates, rentals, charges and tolls and\nclassifications thereof, for the use of facilities which it may own or\noperate and for products and services rendered thereby, without\nregulation or control by any department, office or agency of any\nsignatory party.\n3.8 Referral and review.\n  No project having a substantial effect on the water resources of the\nbasin shall hereafter be undertaken by any person, corporation or\ngovernmental authority unless it shall have been first submitted to and\napproved by the commission, subject to the provisions of Sections 3.3\nand 3.5. The commission shall approve a project whenever it finds and\ndetermines that such project would not substantially impair or conflict\nwith the comprehensive plan and may modify and approve as modified, or\nmay disapprove any such project whenever it finds and determines that\nthe project would substantially impair or conflict with such plan. The\ncommission shall provide by regulation for the procedure of submission,\nreview and consideration of projects, and for its determinations\npursuant to this section. Any determination of the commission hereunder\nshall be subject to judicial review in any court of competent\njurisdiction.\n3.9 Coordination and cooperation.\n  The commission shall promote and aid the coordination of the\nactivities and programs of federal, state, municipal and private\nagencies concerned with water resources administration in the basin. To\nthis end, but without limitation thereto, the commission may:\n  (a) Advise, consult, contract, financially assist, or otherwise\ncooperate with any and all such agencies;\n  (b) Employ any other agency or instrumentality of any of the signatory\nparties or of any political subdivision thereof, in the design,\nconstruction, operation and maintenance of structures, and the\ninstallation and management of river control systems, or for any other\npurpose;\n  (c) Develop and adopt plans and specifications for particular water\nresources projects and facilities which so far as consistent with the\ncomprehensive plan incorporate any separate plans of other public and\nprivate organizations operating in the basin, and permit the\ndecentralized administration thereof;\n  (d) Qualify as a sponsoring agency under any federal legislation\nheretofore or hereafter enacted to provide financial or other assistance\nfor the planning, conservation, utilization, development, management or\ncontrol of water resources.\n3.10 Advisory committees.\n  The commission may constitute and empower advisory committees, which\nmay be comprised of representatives of the public and of federal, state,\ncounty and municipal governments, water resources agencies, water-using\nindustries, water-interest groups, labor and agriculture.\n                         ARTICLE 4--WATER SUPPLY\nSection 4.1 Generally.\n  The commission shall have power to develop, implement and effectuate\nplans and projects for the use of the waters of the basin for domestic,\nmunicipal, agricultural and industrial water supply. To this end,\nwithout limitation thereto, it may provide for, construct, acquire,\noperate and maintain dams, reservoirs and other facilities for\nutilization of surface and ground water resources, and all related\nstructures, appurtenances and equipment on the river and its tributaries\nand at such off-river sites as it may find appropriate, and may regulate\nand control the use thereof.\n4.2 Storage and release of waters.\n  (a) The commission shall have power to acquire, operate and control\nprojects and facilities for the storage and release of waters, for the\nregulation of flows and supplies of surface and ground waters of the\nbasin, for the protection of public health, stream quality control,\neconomic development, improvement of fisheries, recreation, dilution and\nabatement of pollution, the prevention of undue salinity and other\npurposes.\n  (b) No signatory party shall permit any augmentation of flow to be\ndiminished by the diversion of any water of the basin during any period\nin which waters are being released from storage under the direction of\nthe commission for the purpose of augmenting such flow, except in cases\nwhere such diversion is duly authorized by this compact, or by the\ncommission pursuant thereto, or by the judgment, order or decree of a\ncourt of competent jurisdiction.\n4.3 Assessable improvements.\n  The commission may undertake to provide stream regulation in the main\nstream or any tributary in the basin and may assess on an annual basis\nor otherwise the cost thereof upon water users or any classification of\nthem specially benefited thereby to a measurable extent, provided that\nno such assessment shall exceed the actual benefit to any water user.\nAny such assessment shall follow the procedure prescribed by law for\nlocal improvement assessments and shall be subject to judicial review in\nany court of competent jurisdiction.\n4.4 Coordination.\n  Prior to entering upon the execution of any project authorized by this\narticle, the commission shall review and consider all existing rights,\nplans and programs of the signatory parties, their political\nsubdivisions, private parties, and water users which are pertinent to\nsuch project, and shall hold a public hearing on each proposed project.\n4.5 Additional powers.\n  In connection with any project authorized by this article, the\ncommission shall have power to provide storage, treatment, pumping and\ntransmission facilities, but nothing herein shall be construed to\nauthorize the commission to engage in the business of distributing\nwater.\n                      ARTICLE 5--POLLUTION CONTROL\nSection 5.1 General powers.\n  The commission may undertake investigations and surveys, and acquire,\nconstruct, operate and maintain projects and facilities to control\npotential pollution and abate or dilute existing pollution of the water\nresources of the basin. It may invoke as complainant the power and\njurisdiction of water pollution abatement agencies of the signatory\nparties.\n5.2 Policy and standards.\n  The commission may assume jurisdiction to control future pollution and\nabate existing pollution in the waters of the basin, whenever it\ndetermines after investigation and public hearing upon due notice that\nthe effectuation of the comprehensive plan so requires. The standard of\nsuch control shall be that pollution by sewage or industrial or other\nwaste originating within a signatory state shall not injuriously affect\nwaters of the basin as contemplated by the comprehensive plan. The\ncommission, after such public hearing may classify the waters of the\nbasin and establish standards of treatment of sewage, industrial or\nother waste, according to such classes including allowance for the\nvariable factors of surface and ground waters, such as size of the\nstream, flow, movement, location, character, self-purification, and\nusage of the waters affected. After such investigation, notice and\nhearing the commission may adopt and from time to time amend and repeal\nrules, regulations and standards to control such future pollution and\nabate existing pollution, and to require such treatment of sewage,\nindustrial or other waste within a time reasonable for the construction\nof the necessary works as may be required to protect the public health\nor to preserve the waters of the basin for uses in accordance with the\ncomprehensive plan.\n5.3 Cooperative legislation and administration.\n  Each of the signatory parties covenants and agrees to prohibit and\ncontrol pollution of the waters of the basin according to the\nrequirements of this compact and to cooperate faithfully in the control\nof future pollution in and abatement of existing pollution from the\nrivers, streams, and waters in the basin which flow through, under, into\nor border upon any of such signatory states, and in order to effect such\nobject, agrees to enact any necessary legislation to enable each such\nparty to place and maintain the waters of said basin in a satisfactory\ncondition, available for safe and satisfactory use as public and\nindustrial water supplies after reasonable treatment, suitable for\nrecreational usage, capable of maintaining fish and other aquatic life,\nfree from unsightly or malodorous nuisances due to floating solids or\nsludge deposits and adaptable to such other uses as may be provided by\nthe comprehensive plan.\n5.4 Enforcement.\n  The commission may, after investigation and hearing, issue an order or\norders upon any person or public or private corporation, or other\nentity, to cease the discharge of sewage, industrial or other waste into\nwaters of the basin which it determines to be in violation of such rules\nand regulations as it shall have adopted for the prevention and\nabatement of pollution. Any such order or orders may prescribe the date,\nincluding a reasonable time for the construction of any necessary works,\non or before which such discharge shall be wholly or partially\ndiscontinued, modified or treated, or otherwise conformed to the\nrequirements of such rules and regulations. Such order shall be\nreviewable in any court of competent jurisdiction. The courts of the\nsignatory parties shall have jurisdiction to enforce against any person,\npublic or private corporation, or other entity, any and all provisions\nof this Article or of any such order. The commission may bring an action\nin its own name in any such court of competent jurisdiction to compel\ncompliance with any provision of this Article, or any rule or regulation\nissued pursuant thereto or of any such order, according to the practice\nand procedure of the court.\n5.5 Further jurisdiction.\n  Nothing in this compact shall be construed to repeal, modify or\nqualify the authority of any signatory party to enact any legislation or\nenforce any additional conditions and restrictions to lessen or prevent\nthe pollution of waters within its jurisdiction.\n                       ARTICLE 6--FLOOD PROTECTION\nSection 6.1 General powers.\n  The commission may plan, design, construct and operate and maintain\nprojects and facilities, as it may deem necessary or desirable for flood\ndamage reduction. It shall have power to operate such facilities and to\nstore and release waters on the Delaware River and its tributaries and\nelsewhere within the basin, in such manner, at such times, and under\nsuch regulations as the commission may deem appropriate to meet flood\nconditions as they may arise.\n6.2 Flood plain zoning.\n  (a) The commission shall have power to adopt, amend and repeal\nrecommended standards, in the manner provided by this section, relating\nto the nature and extent of the uses of land in areas subject to\nflooding by waters of the Delaware River and its tributaries. Such\nstandards shall not be deemed to impair or restrict the power of the\nsignatory parties or their political subdivisions to adopt zoning and\nother land use regulations not inconsistent therewith.\n  (b) The commission may study and determine the nature and extent of\nthe flood plains of the Delaware River and its tributaries. Upon the\nbasis of such studies, it may establish encroachment lines and delineate\nthe areas subject to flood, including a classification of lands with\nreference to relative risk of flood and the establishment of standards\nfor flood plain use which will safeguard the public health, safety and\nproperty. Prior to the adoption of any standards delineating such area\nor defining such use, the commission shall hold public hearings, in the\nmanner provided by Article 14, with respect to the substance of such\nstandards. At or before such public hearings the proposed standards\nshall be available, and all interested persons shall be given an\nopportunity to be heard thereon at the hearing. Upon the adoption and\npromulgation of such standards, the commission may enter into agreements\nto provide technical and financial aid to any municipal corporation for\nthe administration and enforcement of any local land use ordinances or\nregulations giving effect to such standards.\n6.3 Flood lands acquisition.\n  The commission shall have power to acquire the fee or any lesser\ninterest in lands and improvements thereon within the area of a flood\nplain for the purpose of restricting the use of such property so as to\nminimize the flood hazard, converting property to uses appropriate to\nflood plain conditions, or preventing unwarranted constrictions that\nreduce the ability of the river channel to carry flood water. Any such\naction shall be in accord with the standards adopted and promulgated\npursuant to Section 6.2.\n6.4 Flood and stream stage warnings and posting.\n  The commission may cause lands particularly subject to flood to be\nposted with flood hazard warnings, and may from time to time cause flood\nadvisory notices to be published and circulated as conditions may\nwarrant.\n                     ARTICLE 7--WATERSHED MANAGEMENT\nSection 7.1 Watersheds generally.\n  The commission shall promote sound practices of watershed management\nin the basin, including projects and facilities to retard runoff and\nwaterflow and prevent soil erosion.\n7.2 Soil conservation and forestry.\n  The commission may acquire, sponsor or operate facilities and projects\nto encourage soil conservation, prevent and control erosion, and to\npromote land reclamation and sound forestry practices.\n7.3 Fish and wildlife.\n  The commission may acquire, sponsor or operate projects and facilities\nfor the maintenance and improvement of fish and wildlife habitats\nrelated to the water resources of the basin.\n7.4 Cooperative planning and operation.\n  (a) The commission shall cooperate with the appropriate agencies of\nthe signatory parties and with other public and private agencies in the\nplanning and effectuation of a coordinated program of facilities and\nprojects authorized by this Article.\n  (b) The commission shall not operate any such project or facility\nunless it has first found and determined that no other suitable unit or\nagency of government is available to operate the same upon reasonable\nconditions, in accordance with the intent and purpose expressed in\nSection 1.5 of this compact.\n                          ARTICLE 8--RECREATION\nSection 8.1 Development.\n  The commission shall provide for the development of water related\npublic sports and recreational facilities. The commission on its own\naccount or in cooperation with a signatory party, political subdivision\nor any agency thereof, may provide for the construction, maintenance and\nadministration of such facilities, subject to the provisions of Section\n8.2 hereof.\n8.2 Cooperative planning and operation.\n  (a) The commission shall cooperate with the appropriate agencies of\nthe signatory parties and with other public and private agencies in the\nplanning and effectuation of a coordinated program of facilities and\nprojects authorized by this article.\n  (b) The commission shall not operate any such project or facility\nunless it has first found and determined that no other suitable unit or\nagency of government is available to operate the same upon reasonable\nconditions, in accordance with the intent and purpose expressed in\nSection 1.5 of this compact.\n8.3 Operation and maintenance.\n  The commission, within limits prescribed by this article, shall:\n  (a) Encourage activities of other public agencies having water related\nrecreational interests and assist in the coordination thereof;\n  (b) Recommend standards for the development and administration of\nwater related recreational facilities;\n  (c) Provide for the administration, operation and maintenance of\nrecreational facilities owned or controlled by the commission and for\nthe letting and supervision of private concessions in accordance with\nthis article.\n8.4 Concessions.\n  The commission shall after notice and public hearing provide by\nregulation for the award of contracts for private concessions in\nconnection with recreational facilities, including any renewal or\nextension thereof, upon sealed competitive bids after public\nadvertisement therefor.\n                     ARTICLE 9--HYDROELECTRIC POWER\nSection 9.1 Development.\n  The waters of the Delaware River and its tributaries may be impounded\nand used by or under authority of the commission for the generation of\nhydroelectric power and hydroelectric energy, in accordance with the\ncomprehensive plan.\n9.2 Power generation.\n  The commission may develop and operate, or authorize to be developed\nand operated, dams and related facilities and appurtenances for the\npurpose of generating hydroelectric power and hydroelectric energy.\n9.3 Transmission.\n  The commission may provide facilities for the transmission of\nhydroelectric power and hydroelectric energy produced by it where such\nfacilities are not otherwise available upon reasonable terms, for the\npurpose of wholesale marketing of power and nothing herein shall be\nconstrued to authorize the commission to engage in the business of\ndirect sale to consumers.\n9.4 Development contracts.\n  The commission may after public notice and hearing enter into\ncontracts on reasonable terms, consideration and duration under which\npublic utilities or public agencies may develop hydroelectric power and\nhydroelectric energy through the use of dams, related facilities and\nappurtenances.\n9.5 Rates and charges.\n  Rates and charges fixed by the commission for power which is produced\nby its facilities shall be reasonable, nondiscriminatory, and just.\n          ARTICLE 10--REGULATION OF WITHDRAWALS AND DIVERSIONS\nSection 10.1 Power of regulation.\n  The commission may regulate and control withdrawals and diversions\nfrom surface waters and ground waters of the basin, as provided by this\narticle. The commission may enter into agreements with the signatory\nparties relating to the exercise of such power of regulation or control\nand may delegate to any of them such powers of the commission as it may\ndeem necessary or desirable.\n10.2 Determination of protected areas.\n  The commission may from time to time after public hearing upon due\nnotice determine and delineate such areas within the basin wherein the\ndemands upon supply made by water users have developed or threatened to\ndevelop to such a degree as to create a water shortage or to impair or\nconflict with the requirements or effectuation of the comprehensive\nplan, and any such areas may be designated as "protected areas." The\ncommission, whenever it determines that such shortage no longer exists,\nshall terminate the protected status of such area and shall give public\nnotice of such termination.\n10.3 Withdrawal permits.\n  In any protected areas so determined and delineated, no person, firm,\ncorporation or other entity shall divert or withdraw water for domestic,\nmunicipal, agricultural or industrial uses in excess of such quantities\nas the commission may prescribe by general regulation, except (i)\npursuant to a permit granted under this article, or (ii) pursuant to a\npermit or approval heretofore granted under the laws of any of the\nsignatory states.\n10.4 Emergency.\n  In the event of a drought or other condition which may cause an actual\nand immediate shortage of available water supply within the basin, or\nwithin any part thereof, the commission may, after public hearing,\ndetermine and delineate the area of such shortage and declare a water\nsupply emergency therein. For the duration of such emergency as\ndetermined by the commisssion no person, firm, corporation or other\npublic or private entity shall divert or withdraw water for any purpose,\nin excess of such quantities as the commission may prescribe by general\nregulation or authorize by special permit granted hereunder.\n10.5 Standards.\n  Permits shall be granted, modified or denied as the case may be so as\nto avoid such depletion of the natural stream flows and ground waters in\nthe protected area or in an emergency area as will adversely affect the\ncomprehensive plan or the just and equitable interests and rights of\nother lawful users of the same source, giving due regard to the need to\nbalance and reconcile alternative and conflicting uses in the event of\nan actual or threatened shortage of water of the quality required.\n10.6 Judicial review.\n  The determinations and delineations of the commission pursuant to\nSection 10.2 and the granting, modification or denial of permits\npursuant to Section 10.3 through 10.5 shall be subject to judicial\nreview in any court of competent jurisdiction.\n10.7 Maintenance of records.\n  Each state shall provide for the maintenance and preservation of such\nrecords of authorized diversions and withdrawals and the annual volume\nthereof as the commission shall prescribe. Such records and\nsupplementary reports shall be furnished to the commission at its\nrequest.\n10.8 Existing state systems.\n  Whenever the commission finds its necessary or desirable to exercise\nthe powers conferred by this article any diversion or withdrawal permits\nauthorized or issued under the laws of any of the signatory states shall\nbe superseded to the extent of any conflict with the control and\nregulation exercised by the commission.\n                 ARTICLE 11--INTERGOVERNMENTAL RELATIONS\nSection 11.1 Federal agencies and projects.\n  For the purposes of avoiding conflicts of jurisdiction and of giving\nfull effect to the commission as a regional agency of the signatory\nparties, the following rules shall govern federal projects affecting the\nwater resources of the basin, subject in each case to the provisions of\nSection 1.4 of this compact:\n  (a) The planning of all projects related to powers delegated to the\ncommission by this compact shall be undertaken in consultation with the\ncommission;\n  (b) No expenditure or commitment shall be made for or on account of\nthe construction, acquisition or operation of any project or facility\nnor shall it be deemed authorized, unless it shall have first been\nincluded by the commission in the comprehensive plan;\n  (c) Each federal agency otherwise authorized by law to plan, design,\nconstruct, operate or maintain any project or facility in or for the\nbasin shall continue to have, exercise and discharge such authority\nexcept as specifically provided by this section.\n11.2 State and local agencies and projects.\n  For the purpose of avoiding conflicts of jurisdiction and of giving\nfull effect to the commission as a regional agency of the signatory\nparties, the following rules shall govern projects of the signatory\nstates, their political subdivisions and public corporations affecting\nwater resources of the basin:\n  (a) The planning of all projects related to powers delegated to the\ncommission by this compact shall be undertaken in consultation with the\ncommission;\n  (b) No expenditure or commitment shall be made for or on account of\nthe construction, acquisition or operation of any project or facility\nunless it shall have first been included by the commission in the\ncomprehensive plan;\n  (c) Each state and local agency otherwise authorized by law to plan,\ndesign, construct, operate or maintain any project or facility in or for\nthe basin shall continue to have, exercise and discharge such authority,\nexcept as specifically provided by this section.\n11.3 Reserved taxing powers of states.\n  Each of the signatory parties reserves the right to levy, assess and\ncollect fees, charges and taxes on or measured by the withdrawal or\ndiversion of waters of the basin for use within the jurisdictions of the\nrespective signatory parties.\n11.4 Project costs and evaluation standards.\n  The commission shall establish uniform standards and procedures for\nthe evaluation, determination of benefits, and cost allocations of\nprojects affecting the basin, and for the determination of project\npriorities, pursuant to the requirements of the comprehensive plan and\nits water resources program. The commission shall develop equitable cost\nsharing and reimbursement formulas for the signatory parties including:\n  (a) Uniform and consistent procedures for the allocation of project\ncosts among purposes included in multiple-purpose programs;\n  (b) Contracts and arrangements for sharing financial responsibility\namong and with signatory parties, public bodies, groups and private\nenterprise, and for the supervision of their performance;\n  (c) Establishment and supervision of a system of accounts for\nreimbursable purposes and directing the payments and charges to be made\nfrom such accounts;\n  (d) Determining the basis and apportioning amounts (i) of reimbursable\nrevenues to be paid signatory parties or their political subdivisions,\nand (ii) of payments in lieu of taxes to any of them.\n11.5 Cooperative services.\n  The commission shall furnish technical services, advice and\nconsultation to authorize agencies of the signatory parties with respect\nto the water resources of the basin, and each of the signatory parties\npledges itself to provide technical and administrative services to the\ncommission upon request, within the limits of available appropriations\nand to cooperate generally with the commission for the purposes of this\ncompact, and the cost of such services may be reimbursable whenever the\nparties deem appropriate.\n                      ARTICLE 12--CAPITAL FINANCING\nSection 12.1 Borrowing power.\n  The commission may borrow money for any of the purposes of this\ncompact, and may issue its negotiable bonds and other evidences of\nindebtedness in respect thereto. All such bonds and evidences of\nindebtedness shall be payable solely out of the properties and revenues\nof the commission without recourse to taxation. The bonds and other\nobligations of the commission, except as may be otherwise provided in\nthe indenture under which they were issued, shall be direct and general\nobligations of the commission and the full faith and credit of the\ncommission are hereby pledged for the prompt payment of the debt service\nthereon and for the fulfillment of all other undertakings of the\ncommission assumed by it to or for the benefit of the holders thereof.\n12.2 Funds and expenses.\n  The purposes of this compact shall include without limitation thereto\nall costs of any project or facility or any part thereof, including\ninterest during a period of construction and a reasonable time\nthereafter and any incidental expenses (legal, engineering, fiscal,\nfinancial consultant and other expenses) connected with issuing and\ndisposing of the bonds; all amounts required for the creation of an\noperating fund, construction fund, reserve fund, sinking fund, or other\nspecial fund; all other expenses connected with the planning, design,\nacquisition, construction, completion, improvement or reconstruction of\nany facility or any part thereof; and reimbursement of advances by the\ncommission or by others for such purposes and for working capital.\n12.3 Credit excluded; officers, state and municipal.\n  The commission shall have no power to pledge the credit of any\nsignatory party, or of any county or municipality, or to impose any\nobligation for payment of the bonds upon any signatory party or any\ncounty or municipality. Neither the commissioners nor any person\nexecuting the bonds shall be liable personally on the bonds of the\ncommission or be subject to any personal liability or accountability by\nreason of the issuance thereof.\n12.4 Funding and refunding.\n  Whenever the commission deems it expedient, it may fund and refund its\nbonds and other obligations whether or not such bonds and obligations\nhave matured. It may provide for the issuance, sale or exchange of\nrefunding bonds for the purpose of redeeming or retiring any bonds\n(including the payment of any premium, duplicate interest or cash\nadjustment required in connection therewith) issued by the commission or\nissued by any other issuing body, the proceeds of the sale of which have\nbeen applied to any facility acquired by the commission or which are\npayable out of the revenues of any facility acquired by the commission.\nBonds may be issued partly to refund bonds and other obligations then\noutstanding, and partly for any other purpose of the commission. All\nprovisions of this compact applicable to the issuance of bonds are\napplicable to refunding bonds and to the issuance, sale or exchange\nthereof.\n12.5 Bonds; authorization generally.\n  Bonds and other indebtedness of the commission shall be authorized by\nresolution of the commission. The validity of the authorization and\nissuance of any bonds by the commission shall not be dependent upon nor\naffected in any way by: (i) the disposition of bond proceeds by the\ncommission or by contract, commitment or action taken with respect to\nsuch proceeds; or (ii) the failure to complete any part of the project\nfor which bonds are authorized to be issued. The commission may issue\nbonds in one or more series and may provide for one or more consolidated\nbond issues, in such principal amounts and with such terms and\nprovisions as the commission may deem necessary. The bonds may be\nsecured by a pledge of all or any part of the property, revenues and\nfranchises under its control. Bonds may be issued by the commission in\nsuch amount, with such maturities and in such denominations and form or\nforms, whether coupon or registered, as to both principal and interest,\nas may be determined by the commission. The commission may provide for\nredemption of bonds prior to maturity on such notice and at such time or\ntimes and with such redemption provisions, including premiums, as the\ncommission may determine.\n12.6 Bonds; resolutions and indentures generally.\n  The commission may determine and enter into indentures providing for\nthe principal amount, date or dates, maturities, interest rate,\ndenominations, form, registration, transfer, interchange and other\nprovisions of the bonds and coupons and the terms and conditions upon\nwhich the same shall be executed, issued, secured, sold, paid, redeemed,\nfunded and refunded. The resolution of the commission authorizing any\nbond or any indenture so authorized under which the bonds are issued may\ninclude all such covenants and other provisions other than any\nrestriction on the regulatory powers vested in the commission by this\ncompact as the commission may deem necessary or desirable for the issue,\npayment, security, protection or marketing of the bonds, including\nwithout limitation covenants and other provisions as to the rates or\namounts of fees, rents and other charges to be charged or made for use\nof the facilities; the use, pledge, custody, securing, application and\ndisposition of such revenues, of the proceeds of the bonds, and of any\nother moneys of the commission; the operation, maintenance, repair and\nreconstruction of the facilities and the amounts which may be expended\ntherefor; the sale, lease or other disposition of the facilities; the\ninsuring of the facilities and of the revenues derived therefrom; the\nconstruction or other acquisition of other facilities; the issuance of\nadditional bonds or other indebtedness; the rights of the bondholders\nand of any trustee for the bondholders upon default by the commission or\notherwise; and the modification of the provisions of the indenture and\nof the bonds. Reference on the face of the bonds to such resolution or\nindenture by its date of adoption or the apparent date on the face\nthereof is sufficient to incorporate all of the provisions thereof and\nof this compact into the body of the bonds and their appurtenant\ncoupons. Each taker and subsequent holder of the bonds or coupons,\nwhether the coupons are attached to or detached from the bonds, has\nrecourse to all of the provisions of the indenture and of this compact\nand is bound thereby.\n12.7 Maximum maturity.\n  No bond by its terms shall mature in more than fifty years from its\nown date and in the event any authorized issue is divided into two or\nmore series or divisions, the maximum maturity date hereby authorized\nshall be calculated from the date on the face of each bond separately,\nirrespective of the fact that different dates may be prescribed for the\nbonds of each separate series or division of any authorized issue.\n12.8 Tax exemption.\n  All bonds issued by the commission under the provisions of this\ncompact and the interest thereof shall at all times be free and exempt\nfrom all taxation by or under authority of any of the signatory parties,\nexcept for transfer, inheritance and estate taxes.\n12.9 Interest.\n  Bonds shall bear interest at a rate determined by the commission,\npayable annually or semi-annually.\n12.10 Place of payment.\n  The commission may provide for the payment of the principal and\ninterest of bonds at any place or places within or without the signatory\nstates, and in any specified lawful coin or currency of the United\nStates of America.\n12.11 Execution.\n  The commission may provide for the execution and authentication of\nbonds by the manual, lithographed or printed facsimile signature of\nofficers of the commission, and by additional authentication by a\ntrustee or fiscal agent appointed by the commission. If any of the\nofficers whose signatures or counter signatures appear upon the bonds or\ncoupons cease to be officers before the delivery of the bonds or\ncoupons, their signatures or counter signatures are nevertheless valid\nand of the same force and effect as if the officers had remained in\noffice until the delivery of the bonds and coupons.\n12.12 Holding own bonds.\n  The commission shall have power out of any funds available therefor to\npurchase its bonds and may hold, cancel or resell such bonds.\n12.13 Sale.\n  The commission may fix terms and conditions for the sale or other\ndisposition of any authorized issue of bonds. The commission may sell\nbonds at less than their par or face value but no issue of bonds may be\nsold at an aggregate price below the par or face value thereof if such\nsale would result in a net interest cost to the commission calculated\nupon the entire issue so sold of more than six percent per annum payable\nsemi-annually, according to standard tables of bond values. All bonds\nissued and sold for cash pursuant to this act shall be sold on sealed\nproposals to the highest bidder. Prior to such sale, the commission\nshall advertise for bids by publication of a notice of sale not less\nthan ten days prior to the date of sale, at least once in a newspaper of\ngeneral circulation printed and published in New York City carrying\nmunicipal bond notices and devoted primarily to financial news. The\ncommission may reject any and all bids submitted and may thereafter sell\nthe bonds so advertised for sale at private sale to any financially\nresponsible bidder under such terms and conditions as it deems most\nadvantageous to the public interest, but the bonds shall not be sold at\na net interest cost calculated upon the entire issue so advertised,\ngreater than the lowest bid which was rejected. In the event the\ncommission desires to issue its bonds in exchange for an existing\nfacility or portion thereof, or in exchange for bonds secured by the\nrevenues of an existing facility, it may exchange such bonds for the\nexisting facility or portion thereof or for the bonds so secured, plus\nan additional amount of cash, without advertising such bonds for sale.\n12.14 Negotiability.\n  All bonds issued under the provisions of this compact are negotiable\ninstruments, except when registered in the name of a registered owner.\n12.15 Legal investments.\n  Bonds of the commission shall be legal investments for savings banks,\nfiduciaries and public funds in each of the signatory states.\n12.16 Validation proceedings.\n  Prior to the issuance of any bonds, the commission may institute a\nspecial proceeding to determine the legality of proceedings to issue the\nbonds and their validity under the laws of any of the signatory parties.\nSuch proceedings shall be instituted and prosecuted in rem and the\njudgment rendered therein shall be conclusive against all persons\nwhomsoever and against each of the signatory parties.\n12.17 Recording.\n  No indenture need be recorded or filed in any public office, other\nthan the office of the commission. The pledge of revenues provided in\nany indenture shall take effect forthwith as provided therein and\nirrespective of the date of receipt of such revenues by the commission\nor the indenture trustee. Such pledge shall be effective as provided in\nthe indenture without physical delivery of the revenues to the\ncommission or to the indenture trustee.\n12.18 Pledged revenues.\n  Bond redemption and interest payments shall, to the extent provided in\nthe resolution or indenture, constitute a first, direct and exclusive\ncharge and lien on all such rates, rents, tolls, fees and charges and\nother revenues and interest thereon received from the use and operation\nof the facility, and on any sinking or other funds created therefrom.\nAll such rates, rents, tolls, fees, charges and other revenues, together\nwith interest thereon, shall constitute a trust fund for the security\nand payment of such bonds and except as and to the extent provided in\nthe indenture with respect to the payment therefrom of expenses for\nother purposes including administration, operation, maintenance,\nimprovements or extensions of the facilities or other purposes shall not\nbe used or pledged for any other purpose so long as such bonds, or any\nof them, are outstanding and unpaid.\n12.19 Remedies.\n  The holder of any bond may for the equal benefit and protection of all\nholders of bonds similarly situated: (a) by mandamus or other\nappropriate proceedings require and compel the performance of any of the\nduties imposed upon the commission or assumed by it, its officers,\nagents or employees under the provisions of any indenture, in connection\nwith the acquisition, construction, operation, maintenance, repair,\nreconstruction or insurance of the facilities, or in connection with the\ncollection, deposit, investment, application and disbursement of the\nrates, rents, tolls, fees, charges and other revenues derived from the\noperation and use of the facilities, or in connection with the deposit,\ninvestment and disbursement of the proceeds received from the sale of\nbonds; or (b) by action or suit in a court of competent jurisdiction of\nany signatory party require the commission to account as if it were the\ntrustee of an express trust, or enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of the bonds. The\nenumeration of such rights and remedies does not, however, exclude the\nexercise or prosecution of any other rights or remedies available to the\nholders of bonds.\n12.20 Capital financing by signatory parties; guarantees.\n  (a) The signatory parties will provide such capital funds required for\nprojects of the commission as may be authorized by their respective\nstatutes in accordance with a cost sharing plan prepared pursuant to\nArticle 11 of this compact; but nothing in this section shall be deemed\nto impose any mandatory obligation on any of the signatory parties other\nthan such obligations as may be assumed by a signatory party in\nconnection with a specific project or facility.\n  (b) Bonds of the commission, notwithstanding any other provision of\nthis compact, may be executed and delivered to any duly authorized\nagency of any of the signatory parties without public offering and may\nbe sold and resold with or without the guarantee of such signatory\nparty, subject to and in accordance with the constitutions of the\nrespective signatory parties.\n  (c) The commission may receive and accept, and the signatory parties\nmay make, loans, grants, appropriations, advances and payments of\nreimbursable or non-reimbursable funds or property in any form for the\ncapital or operating purposes of the commission.\n                  ARTICLE 13--PLAN, PROGRAM AND BUDGETS\nSection 13.1 Comprehensive plan.\n  The commission shall develop and adopt, and may from time to time\nreview and revise, a comprehensive plan for the immediate and long range\ndevelopment and use of the water resources of the basin. The plan shall\ninclude all public and private projects and facilities which are\nrequired, in the judgment of the commission, for the optimum planning,\ndevelopment, conservation, utilization, management and control of the\nwater resources of the basin to meet present and future needs; provided\nthat the plan shall include any projects required to conform with any\npresent or future decree or judgment of any court of competent\njurisdiction. The commission may adopt a comprehensive plan or any\nrevision thereof in such part or parts as it may deem appropriate,\nprovided that before the adoption of the plan or any part or revision\nthereof the commission shall consult with water users and interested\npublic bodies and public utilities and shall consider and give due\nregard to the findings and recommendations of the various agencies of\nthe signatory parties and their political subdivisions. The commission\nshall conduct public hearings with respect to the comprehensive plan\nprior to the adoption of the plan or any part or revision thereof.\n13.2 Water resources program.\n  The commission shall annually adopt a water resources program, based\nupon the comprehensive plan, consisting of the projects and facilities\nwhich the commission proposes to be undertaken by the commission and by\nother authorized governmental and private agencies, organizations and\npersons during the ensuing six years or such other reasonably\nforeseeable period as the commission may determine. The water resources\nprogram shall include a systematic presentation of:\n  1) the quantity and quality of water resources needs for such period;\n  2) the existing and proposed projects and facilities required to\nsatisfy such needs, including all public and private projects to be\nanticipated;\n  3) a separate statement of the projects proposed to be undertaken by\nthe commission during such period.\n13.3 Annual current expense and capital budgets.\n  (a) The commission shall annually adopt a capital budget including all\ncapital projects it proposes to undertake or continue during the budget\nperiod containing a statement of the estimated cost of each project and\nthe method of financing thereof.\n  (b) The commission shall annually adopt a current expense budget for\neach fiscal year. Such budget shall include the commission's estimated\nexpenses for administration, operation, maintenance and repairs,\nincluding a separate statement thereof for each project, together with\nits cost allocation. The total of such expenses shall be balanced by the\ncommission's estimated revenues from all sources, including the cost\nallocations undertaken by any of the signatory parties in connection\nwith any project. Following the adoption of the annual current expense\nbudget by the commission, the executive director of the commission\nshall:\n  1) certify to the respective signatory parties the amounts due in\naccordance with existing cost sharing established for each project; and\n  2) transmit certified copies of such budget to the principal budget\nofficer of the respective signatory parties at such time and in such\nmanner as may be required under their respective budgetary procedures.\nThe amount required to balance the current expense budget in addition to\nthe aggregate amount of item (1) above and all other revenues available\nto the commission shall be apportioned equitably among the signatory\nparties by unanimous vote of the commission, and the amount of such\napportionment to each signatory party shall be certified together with\nthe budget.\n  (c) The respective signatory parties covenant and agree to include the\namounts so apportioned for the support of the current expense budget in\ntheir respective budgets next to be adopted, subject to such review and\napproval as may be required by their respective budgetary processes.\nSuch amounts shall be due and payable to the commission in quarterly\ninstallments during its fiscal year, provided that the commission may\ndraw upon its working capital to finance its current expense budget\npending remittances by the signatory parties.\n                     ARTICLE 14--GENERAL PROVISIONS\nSection 14.1 Auxiliary powers of commission; functions of commissioners.\n  (a) The commission, for the purposes of this compact, may:\n  1) Adopt and use a corporate seal, enter into contracts, sue and be\nsued in all courts of competent jurisdiction;\n  2) Receive and accept such payments, appropriations, grants, gifts,\nloans, advances and other funds, properties and services as may be\ntransferred or made available to it by any signatory party or by any\nother public or private corporation or individual, and enter into\nagreements to make reimbursement for all or part thereof;\n  3) Provide for, acquire and adopt detailed engineering,\nadministrative, financial and operating plans and specifications to\neffectuate, maintain or develop any facility or project;\n  4) Control and regulate the use of facilities owned or operated by the\ncommission;\n  5) Acquire, own, operate, maintain, control, sell and convey real and\npersonal property and any interest therein by contract, purchase, lease,\nlicense, mortgage or otherwise as it may deem necessary for any project\nor facility, including any and all appurtenances thereto necessary,\nuseful or convenient for such ownership, operation, control, maintenance\nor conveyance;\n  6) Have and exercise all corporate powers essential to the declared\nobjects and purposes of the commission.\n  (b) The commissioners, subject to the provisions of this compact,\nshall:\n  1) Serve as the governing body of the commission, and exercise and\ndischarge its powers and duties except as otherwise provided by or\npursuant to this compact;\n  2) Determine the character of and the necessity for its obligations\nand expenditures and the manner in which they shall be incurred,\nallowed, and paid subject to any provisions of law specifically\napplicable to agencies or instrumentalities created by compact;\n  3) Provide for the internal organization and administration of the\ncommission;\n  4) Appoint the principal officers of the commission and delegate to\nand allocate among them administrative functions, powers and duties;\n  5) Create and abolish offices, employments and positions as it deems\nnecessary for the purposes of the commission, and subject to the\nprovisions of this article, fix and provide for the qualification,\nappointment, removal, term, tenure, compensation, pension and retirement\nrights of its officers and employees;\n  6) Let and execute contracts to carry out the powers of the\ncommission.\n14.2 Regulations; enforcement.\n  The commission may:\n  (a) Make and enforce reasonable rules and regulations for the\neffectuation, application and enforcement of this compact; and it may\nadopt and enforce practices and schedules for or in connection with the\nuse, maintenance and administration of projects and facilities it may\nown or operate and any product or service rendered thereby; provided\nthat any rule or regulation, other than one which deals solely with the\ninternal management of the commission, shall be adopted only after\npublic hearing and shall not be effective unless and until filed in\naccordance with the law of the respective signatory parties applicable\nto administrative rules and regulations generally; and\n  (b) Designate any officer, agent or employee of the commission to be\nan investigator or watchman and such person shall be vested with the\npowers of a peace officer of the state in which he is duly assigned to\nperform his duties.\n14.3 Tax exemption.\n  The commission, its property, functions, and activities shall be\nexempt from taxation by or under the authority of any of the signatory\nparties or any political subdivision thereof; provided that in lieu of\nproperty taxes the commission shall, as to specific projects, make\npayments to local taxing districts in annual amounts which shall equal\nthe taxes lawfully assessed upon property for the tax year next prior to\nits acquisition by the commission for a period of ten years. The nature\nand amount of such payments shall be reviewed by the commission at the\nend of ten years, and from time to time thereafter, upon reasonable\nnotice and opportunity to be heard to the affected taxing district, and\nthe payments may be thereupon terminated or continued in such reasonable\namount as may be necessary or desirable to take into account hardships\nincurred and benefits received by the taxing jurisdiction which are\nattributable to the project.\n14.4 Meetings; public hearing; records, minutes.\n  (a) All meetings of the commission shall be open to the public.\n  (b) The commission shall conduct at least one public hearing prior to\nthe adoption of the comprehensive plan, water resources program, annual\ncapital and current expense budgets, the letting of any contract for the\nsale or other disposition by the commission of hydroelectric energy or\nwater resources to any person, corporation or entity, and in all other\ncases wherein this compact requires a public hearing. Such hearing shall\nbe held upon at least ten days public notice given by posting at the\noffices of the commission. The commission shall also provide forthwith\nfor distribution of such notice to the press and by the mailing of a\ncopy thereof to any person who shall request such notices.\n  (c) The minutes of the commission shall be a public record open to\ninspection at its offices during regular business hours.\n14.5 Officers generally.\n  (a) The officers of the commission shall consist of an executive\ndirector and such additional officers, deputies and assistants as the\ncommission may determine. The executive director shall be appointed and\nmay be removed by the affirmative vote of a majority of the full\nmembership of the commission. All other officers and employees shall be\nappointed by the executive director under such rules of procedure as the\ncommission may determine.\n  (b) In the appointment and promotion of officers and employees for the\ncommission, no political, racial, religious or residence test or\nqualification shall be permitted or given consideration, but all such\nappointments and promotions shall be solely on the basis of merit and\nfitness. Any officer or employee of the commission who is found by the\ncommission to be guilty of a violation of this section shall be removed\nfrom office by the commission.\n14.6 Oath of office.\n  An oath of office in such form as the commission shall prescribe shall\nbe taken, subscribed and filed with the commission by the executive\ndirector and by each officer appointed by him not later than fifteen\ndays after the appointment.\n14.7 Bond.\n  Each officer shall give such bond and in such form and amount as the\ncommission may require for which the commission may pay the premium.\n14.8 Prohibited activities.\n  (a) No commissioner officer or employee shall:\n  1) be financially interested, either directly or indirectly, in any\ncontract, sale, purchase, lease or transfer of real or personal property\nto which the commission is a party;\n  2) solicit or accept money or any other thing of value in addition to\nthe compensation or expenses paid him by the commission for services\nperformed within the scope of his official duties;\n  3) offer money or any thing of value for or in consideration of\nobtaining an appointment, promotion or privilege in his employment with\nthe commission.\n  (b) Any officer or employee who shall willfully violate any of the\nprovisions of this section shall forfeit his office or employment.\n  (c) Any contract or agreement knowingly made in controvention of this\nsection is void.\n  (d) Officers and employees of the commission shall be subject in\naddition to the provisions of this section to such criminal and civil\nsanctions for misconduct in office as may be imposed by federal law and\nthe law of the signatory state in which such misconduct occurs.\n14.9 Purchasing.\n  Contracts for the construction, reconstruction or improvement of any\nfacility when the expenditure required exceeds ten thousand dollars and\ncontracts for the purchase of services, supplies, equipment and\nmaterials when the expenditure required exceeds two thousand five\nhundred dollars shall be advertised and let upon sealed bids to the\nlowest responsible bidder. Notice requesting such bids shall be\npublished in a manner reasonably likely to attract prospective bidders,\nwhich publication shall be made at least ten days before bids are\nreceived and in at least two newspapers of general circulation in the\nbasin. The commission may reject any and all bids and readvertise in its\ndiscretion. If after rejecting bids the commission determines and\nresolves that in its opinion the supplies, equipment and materials may\nbe purchased at a lower price in the open market, the commission may\ngive each responsible bidder an opportunity to negotiate a price and may\nproceed to purchase the supplies, equipment and materials in the open\nmarket at a negotiated price which is lower than the lowest rejected bid\nof a responsible bidder, without further observance of the provisions\nrequiring bids or notice. The commission shall adopt rules and\nregulations to provide for purchasing from the lowest responsible bidder\nwhen sealed bids, notice and publication are not required by this\nsection. The commission may suspend and waive the provisions of this\nsection requiring competitive bids whenever:\n  1) the purchase is to be made from or the contract to be made with the\nfederal or any state government or any agency or political subdivision\nthereof or pursuant to any open end bulk purchase contract of any of\nthem;\n  2) the public exigency requires the immediate delivery of the articles\nor performance of the service;\n  3) only one source of supply is available;\n  4) the equipment to be purchased is of a technical nature and the\nprocurement thereof without advertising is necessary in order to assure\nstandardization of equipment and interchangeability of parts in the\npublic interest; or\n  5) services are to be provided of a specialized or professional\nnature.\n14.10 Insurance.\n  The commission may self-insure or purchase insurance and pay the\npremiums therefor against loss or damage to any of its properties;\nagainst liability for injury to persons or property; and against loss of\nrevenue from any cause whatsoever. Such insurance coverage shall be in\nsuch form and amount as the commission may determine, subject to the\nrequirements of any agreement arising out of the issuance of bonds by\nthe commission.\n14.11 Annual independent audit.\n  (a) As soon as practical after the closing of the fiscal year, an\naudit shall be made of the financial accounts of the commission. The\naudit shall be made by qualified certified public accountants selected\nby the commission, who have no personal interest direct or indirect in\nthe financial affairs of the commission or any of its officers or\nemployees.  The report of audit shall be prepared in accordance with\naccepted accounting practices and shall be filed with the chairman and\nsuch other officers as the commission shall direct. Copies of the report\nshall be distributed to each commissioner and shall be made available\nfor public distribution.\n  (b) Each signatory party by its duly authorized officers shall be\nentitled to examine and audit at any time all of the books, documents,\nrecords, files and accounts and all other papers, things or property of\nthe commission. The representatives of the signatory parties shall have\naccess to all books, documents, records, accounts, reports, files and\nall other papers, things or property belonging to or in use by the\ncommission and necessary to facilitate the audit and they shall be\nafforded full facilities for verifying transactions with the balances or\nsecurities held by depositaries, fiscal agents and custodians.\n  (c) The financial transactions of the commission shall be subject to\naudit by the general accounting office in accordance with the principles\nand procedures applicable to commercial corporate transactions and under\nsuch rules and regulations as may be prescribed by the comptroller\ngeneral of the United States. The audit shall be conducted at the place\nor places where the accounts of the commission are kept.\n  (d) Any officer or employee who shall refuse to give all required\nassistance and information to the accountants selected by the commission\nor to the authorized officers of any signatory party or who shall refuse\nto submit to them for examination such books, documents, records, files,\naccounts, papers, things or property as may be requested shall forfeit\nhis office.\n14.12 Reports.\n  The commission shall make and publish an annual report to the\nlegislative bodies of the signatory parties and to the public reporting\non its programs, operations and finances. It may also prepare, publish\nand distribute such other public reports and informational materials as\nit may deem necessary or desirable.\n14.13 Grants, loans or payments by states or political subdivisions.\n  (a) Any or all of the signatory parties or any political subdivision\nthereof may:\n  1) Appropriate to the commission such funds as may be necessary to pay\npreliminary expenses such as the expenses incurred in the making of\nborings, and other studies of subsurface conditions, in the preparation\nof contracts for the sale of water and in the preparation of detailed\nplans and estimates required for the financing of a project;\n  2) Advance to the commission, either as grants or loans, such funds as\nmay be necessary or convenient to finance the operation and management\nof or construction by the commission of any facility or project;\n  3) Make payments to the commission for benefits received or to be\nreceived from the operation of any of the projects or facilities of the\ncommission.\n  (b) Any funds which may be loaned to the commission either by a\nsignatory party or a political subdivision thereof shall be repaid by\nthe commission through the issuance of bonds or out of other income of\nthe commission, such repayment to be made within such period and upon\nsuch terms as may be agreed upon between the commission and the\nsignatory party or political subdivision making the loan.\n14.14 Condemnation proceedings.\n  (a) The commission shall have the power to acquire by condemnation the\nfee or any lesser interest in lands, lands lying under water,\ndevelopment rights in land, riparian rights, water rights, waters and\nother real or personal property within the basin for any project or\nfacility authorized pursuant to this compact. This grant of power of\neminent domain includes but is not limited to the power to condemn for\nthe purposes of this compact any property already devoted to a public\nuse, by whomsoever owned or held, other than property of a signatory\nparty and any property held, constructed, operated or maintained in\nconnection with a diversion authorized by a United States Supreme Court\ndecree. Any condemnation of any property or franchises owned or used by\na municipal or privately owned public utility, unless the affected\npublic utility facility is to be relocated or replaced, shall be subject\nto the authority of such state board, commission or other body as may\nhave regulatory jurisdiction over such public utility.\n  (b) Such power of condemnation shall be exercised in accordance with\nthe provisions of any federal law applicable to the commission; provided\nthat if there is no such applicable federal law, condemnation\nproceedings shall be in accordance with the provisions of such general\nstate condemnation law as may be in force in the signatory state in\nwhich the property is located.\n  (c) Any award or compensation for the taking of property pursuant to\nthis article shall be paid by the commission, and none of the signatory\nparties nor any other agency, instrumentality or political subdivision\nthereof shall be liable for such award or compensation.\n14.15 Conveyance of lands and relocation of public facilities.\n  (a) The respective officers, agencies, departments, commissions or\nbodies having jurisdiction and control over real and personal property\nowned by the signatory parties are authorized and empowered to transfer\nand convey in accordance with the laws of the respective parties to the\ncommission any such property as may be necessary or convenient to the\neffectuation of the authorized purposes of the commission.\n  (b) Each political subdivision of each of the signatory parties is\nauthorized and empowered, notwithstanding any contrary provision of law,\nto grant and convey to the commission, upon the commission's request,\nany real property or any interest therein owned by such political\nsubdivision including lands lying under water and lands already devoted\nto public use which may be necessary or convenient to the effectuation\nof the authorized purposes of the commission.\n  (c) Any highway, public utility or other public facility which will be\ndislocated by reason of a project deemed necessary by the commission to\neffectuate the authorized purposes of this compact shall be relocated\nand the cost thereof shall be paid in accordance with the law of the\nstate in which the facility is located; provided that the cost of such\nrelocation payable by the commission shall not in any event exceed the\nexpenditure required to serve the public convenience and necessity.\n14.16 Rights of way.\n  Permission is hereby granted to the commission to locate, construct\nand maintain any aqueducts, lines, pipes, conduits and auxiliary\nfacilities authorized to be acquired, constructed, owned, operated or\nmaintained by the commission in, over, under or across any streets and\nhighways now or hereafter owned, opened or dedicated to or for public\nuse, subject to such reasonable conditions as the highway department of\nthe signatory party may require.\n14.17 Penal sanction.\n  Any person, association or corporation who violates or attempts or\nconspires to violate any provision of this compact or any rule,\nregulation or order of the commission duly made, promulgated or issued\npursuant to the compact in addition to any other remedy, penalty or\nconsequence provided by law shall be punishable as may be provided by\nstatute of any of the signatory parties within which the offense is\ncommitted; provided that in the absence of such provision any such\nperson, association or corporation shall be liable to a penalty of not\nless than $50 nor more than $1000 for each such offense to be fixed by\nthe court which the commission may recover in its own name in any court\nof competent jurisdiction, and in a summary proceeding where available\nunder the practice and procedure of such court. For the purposes of this\nsection in the event of a continuing offense each day of such violation,\nattempt or conspiracy shall constitute a separate offense.\n14.18 Tort liability.\n  The commission shall be responsible for claims arising out of the\nnegligent acts or omissions of its officers, agents and employees only\nto the extent and subject to the procedures prescribed by law generally\nwith respect to officers, agents and employees of the government of the\nUnited States.\n14.19 Effect on riparian rights.\n  Nothing contained in this compact shall be construed as affecting or\nintending to affect or in any way to interfere with the law of the\nrespective signatory parties relating to riparian rights.\n14.20 Amendments and supplements.\n  Amendments and supplements to this compact to implement the purposes\nthereof may be adopted by legislative action of any of the signatory\nparties concurred in by all of the others.\n14.21 Construction and severability.\n  The provisions of this act and of agreements thereunder shall be\nseverable and if any phrase, clause, sentence or provision of this\ncompact or such agreement is declared to be unconstitutional or the\napplicability thereof to any signatory party, agency or person is held\ninvalid, the constitutionality of the remainder of this compact or such\nagreement and the applicability thereof to any other signatory party,\nagency, person or circumstance shall not be affected thereby. It is the\nlegislative intent that the provisions of this compact be reasonably and\nliberally construed.\n14.22 Effective date; execution.\n  This compact shall become binding and effective thirty days after the\nenactment of concurring legislation by the federal government, the\nstates of Delaware, New Jersey and New York, and the Commonwealth of\nPennsylvania. The compact shall be signed and sealed in six duplicate\noriginal copies by the respective chief executives of the signatory\nparties. One such copy shall be filed with the Secretary of State of\neach of the signatory parties or in accordance with the laws of the\nstate in which the filing is made, and one copy shall be filed and\nretained in the archives of the commission upon its organization. The\nsignatures shall be affixed and attested under the following form:\n  In Witness Whereof, and in evidence of the adoption and enactment into\nlaw of this compact by the Congress and legislatures, respectively, of\nthe signatory parties, the President of the United States and the\nrespective Governors do hereby, in accordance with authority conferred\nby law, sign this compact in six duplicate original copies, as attested\nby the respective secretaries of state, and have caused the seals of the\nUnited States and of the respective states to be hereunto affixed\nthis........day of.......\n
N.Y. VAT Law § 1111-D*3 — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-D*3
Owner liability for failure of operator to comply with traffic-control indications
Status: in_force

* § 1111-d. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the city of Albany is hereby authorized and empowered to adopt\nand amend a local law or ordinance establishing a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with traffic-control indications in such city\nin accordance with the provisions of this section. Such demonstration\nprogram shall empower such city to install and operate traffic-control\nsignal photo violation-monitoring devices at no more than twenty\nintersections within such city at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n  (b) In any such city which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Albany in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if such city by local\nlaw has authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such bureau.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for each violation; provided, however, that such local law\nor ordinance may provide for an additional penalty not in excess of\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nAlbany, or by any other entity authorized by such city to prepare and\nmail such notification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions, except that\nif such city has established an administrative tribunal to hear and\ndetermine complaints of traffic infractions constituting parking,\nstanding or stopping violations such city may, by local law, authorize\nsuch adjudication by such tribunal.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau,\ncourt having jurisdiction or parking violations bureau.\n  (j) 1. In such city where the adjudication of liability imposed upon\nowners pursuant to this section is by a traffic violations bureau or a\ncourt having jurisdiction, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that he or she\nsends to the traffic violations bureau or court having jurisdiction a\ncopy of the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty-seven days after receiving notice\nfrom the bureau or court of the date and time of such violation,\ntogether with the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nparagraph, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n  2. (I) In such city which, by local law, has authorized the\nadjudication of liability imposed upon owners by this section by a\nparking violations bureau, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that:\n  (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  (II) Failure to comply with clause (B) of subparagraph (I) of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n  (III) Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) Any city that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before June first, two\nthousand fifteen and on the same date in each succeeding year in which\nthe demonstration program is operable. Such report shall include, but\nnot be limited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department of\nmotor vehicles of this state;\n  3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability issued for violations recorded by such\nsystems;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems;\n  8. the total amount of revenue realized by such city from such\nadjudications including a breakdown of revenue realized by such city for\neach year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n  9. expenses incurred by such city in connection with the program; and\n  10. quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB Repealed December 1, 2029\n  * NB There are 3 § 1111-d's\n
N.Y. EDN Law § 5711 — New York Code / Act EDN / Title 7 / Article 115 / Section 5711
New York state college of veterinary medicine
Status: in_force

§ 5711. New York state college of veterinary medicine. 1. The state\nveterinary college, established by chapter one hundred fifty-three of\nthe laws of eighteen hundred ninety-four, shall hereafter be known as\nthe New York state college of veterinary medicine at Cornell university,\nand shall continue to be under the supervision of the state university\ntrustees. The object of said college of veterinary medicine shall be: To\ngive instruction in the normal structure and function of the animal\nbody, in the pathology, prevention and treatment of animal diseases, and\nin all matters pertaining to biomedical science as applied to animals\nand correlatively to the human family; and to conduct investigations as\nto the nature, prevention and cure of all diseases of animals, including\nsuch as are communicable to man and such as cause epizootics among\nanimals; and to investigate the economic questions which will contribute\nto the more profitable breeding, rearing and utilization of animals.\n  2. All buildings, furniture, apparatus and other property heretofore\nor hereafter erected or furnished by the state for such college of\nveterinary medicine shall be and remain the property of the state. The\nCornell university shall have the custody and control of said property,\nand, as the representative of the state university trustees, shall, with\nwhatever state moneys may be received for the purpose, administer the\nsaid college of veterinary medicine as to the establishment of courses\nof study, the creation of departments and positions, the determination\nof the number and salaries of members of the faculty and other employees\nthereof, the appointment and employment thereof, the maintenance of\ndiscipline and as to all matters, pertaining to its educational\npolicies, activities and operations, including research work.\n  3. The state university trustees shall maintain general supervision\nover the requests for appropriations, budgets, estimates and\nexpenditures of such college. Cornell university shall receive no\nincome, profit or compensation for the exercise and performance of the\npowers and duties conferred and imposed by this section, but all moneys\nreceived from state appropriations for the said college of veterinary\nmedicine or derived from other sources in the course of the\nadministration thereof, shall be kept by said university in a separate\nfund from the moneys of the university, and shall be used exclusively\nfor said New York state college of veterinary medicine. Such moneys as\nmay be appropriated to be paid to the Cornell university by the state in\nany year, to be expended by said university in the administration of\nsaid college of veterinary medicine, shall be payable to the treasurer\nof Cornell university in three equal payments to be made on the first\nday of October, the first day of January, and the first day of April in\nsuch year, and shall be expended upon vouchers approved by the\nchancellor of the state university, as the chief administrative officer\nof the state university, or by such authority or authorities in the\nstate university as shall be designated by the chancellor by a rule or\nwritten direction filed with the comptroller, when and in the manner\nauthorized by the state university trustees.\n  4. The said university shall expend such moneys and use such property\nof the state in administering said college of veterinary medicine, and\nshall submit to the state university trustees during the month of\nSeptember in each year, a detailed statement of such expenditures and of\nthe general operations of the said college of veterinary medicine.\n  5. The tuition fees charged to students shall be regulated by Cornell\nuniversity after consultation with the state university trustees and all\nother fees and charges in said college of veterinary medicine shall be\nfixed by Cornell university, and the moneys so received shall be\nexpended for the current expenses of the said college of veterinary\nmedicine.\n