N.Y. VAT Law § 1227 — New York Code / Act VAT / Title 7 / Article 33 / Section 1227
Consumption or possession of alcoholic beverages in certain motor vehicles
Status: in_force

§ 1227. Consumption or possession of alcoholic beverages in certain\nmotor vehicles. 1. The drinking of alcoholic beverages or consumption of\ncannabis, or the possession of an open container containing an alcoholic\nbeverage, in a motor vehicle located upon the public highways or\nright-of-way public highway is prohibited. Any operator or passenger\nviolating this section shall be guilty of a traffic infraction.\n  The provisions of this section shall not be deemed to prohibit the\ndrinking of alcoholic beverages, the consumption of cannabis by means\nother than burning, or the possession of an open container containing an\nalcoholic beverage by passengers in passenger vehicles operated pursuant\nto a certificate or permit issued by the department of transportation or\nthe United States department of transportation. Furthermore, the\nprovisions of this section shall not be deemed to prohibit the\npossession of wine which is: (a) resealed in accordance with the\nprovisions of subdivision four of section eighty-one of the alcoholic\nbeverage control law; and (b) is transported in the vehicle's trunk or\nis transported behind the last upright seat or in an area not normally\noccupied by the driver or passenger in a motor vehicle that is not\nequipped with a trunk.\n  2. For the purposes of this section, a passenger vehicle shall mean a\nvehicle designed to carry ten or more passengers and used to carry\npassengers for profit or hire.\n
N.Y. VAT Law § 1229-C — New York Code / Act VAT / Title 7 / Article 33 / Section 1229-C
Operation of vehicles with safety seats and safety belts
Status: in_force

§ 1229-c. Operation of vehicles with safety seats and safety belts.\n1. No person shall operate a motor vehicle in this state unless: (a) all\nback seat passengers of such vehicle under the age of four are\nrestrained in a specially designed seat which meets the Federal Motor\nVehicle Safety Standards set forth in 49 C.F.R. 571.213 and which is\neither permanently affixed or is affixed to such vehicle by a safety\nbelt and which shall be rear-facing whenever the passenger being\nrestrained in such seat is under the age of two except that in the event\nthat the weight or height of such passenger under the age of two exceeds\nthe occupant size and weight recommendations of the manufacturer of such\nrear-facing seat, such seat may be forward-facing; provided, however,\nthat in the event that the weight of such passenger under the age of\nfour exceeds forty pounds, such passenger may be restrained (i) in an\nappropriate child restraint system as defined in subdivision four of\nthis section used with combination lap safety and shoulder harness belts\nor (ii) by a lap safety belt in the event such vehicle is not equipped\nwith combination lap safety and shoulder harness belts or all the\ncombination lap safety and shoulder harness belts are being used to\nproperly restrain other passengers who are under the age of sixteen; (b)\nall back seat passengers of such vehicle who are age four or older but\nunder age eight (i) are restrained in an appropriate child restraint\nsystem as defined in subdivision four of this section used with\ncombination lap and shoulder harness belts or (ii) are restrained in a\nlap safety belt in the event such vehicle is not equipped with\ncombination lap safety and shoulder harness belts or all the combination\nlap safety and shoulder harness belts are being used to properly\nrestrain other passengers who are under the age of sixteen; or (c) in\nthe case of any other back seat passenger under the age of sixteen, he\nor she is restrained by a safety belt approved by the commissioner.\n  2. No person shall operate a motor vehicle unless all front seat\npassengers (a) under the age of sixteen are restrained by a safety belt;\nor (b) if they are under the age of four, by a specially designed seat\nwhich is either permanently affixed or affixed to such vehicle by a\nsafety belt as required by subdivision one of this section, or in the\nevent that the weight of such passenger under the age of four exceeds\nforty pounds, such passenger may be restrained (i) in an appropriate\nchild restraint system as defined in subdivision four of this section\nused with combination lap safety and shoulder harness belts or (ii) by a\nlap safety belt in the event such vehicle is not equipped with\ncombination lap safety and shoulder harness belts or all the combination\nlap safety and shoulder harness belts are being used to properly\nrestrain other passengers who are under the age of sixteen; or (c) if\nthey are age four or older but under age eight, (i) are restrained in an\nappropriate child restraint system as defined in subdivision four of\nthis section used with combination lap safety and shoulder harness belts\nor (ii) are restrained in a lap safety belt in the event such vehicle is\nnot equipped with combination lap safety and shoulder harness belts or\nall the combination lap safety and shoulder harness belts are being used\nto properly restrain other passengers who are under the age of sixteen.\n  3. No person shall operate a motor vehicle unless such person is\nrestrained by a safety belt approved by the commissioner. No person\nsixteen years of age or over shall be a passenger in a motor vehicle\nunless such person is restrained by a safety belt approved by the\ncommissioner.\n  3-a. Except as otherwise provided for passengers under the age of\nfour, it shall be a violation of this section if a person is seated in a\nseating position equipped with both a lap safety belt and a shoulder\nharness belt and such person is not restrained by both such lap safety\nbelt and shoulder harness belt.\n  3-b. No person holding a class DJ learner's permit or class DJ license\nissued pursuant to section five hundred two of this chapter, shall\noperate a motor vehicle in this state unless such person is restrained\nby a safety belt approved by the commissioner, and all passengers under\nthe age of four are restrained in a specially designed seat which meets\nthe federal motor vehicle safety standards set forth in 49 C.F.R.\n571.213 and which is either permanently affixed or is affixed to such\nvehicle by a safety belt and, in the case of any other passenger under\nthe age of sixteen, he or she is restrained by a safety belt approved by\nthe commissioner. No person sixteen years of age or over shall be a\npassenger in a motor vehicle operated by a person holding a class DJ\nlearner's permit, a class DJ license or a limited class DJ license\nunless such passenger is restrained by a safety belt approved by the\ncommissioner.\n  3-c. (a) No person shall operate a taxi or livery unless such person\nis restrained by a safety belt approved by the commissioner.\n  (b) No person sixteen years of age or over shall be a passenger in a\ntaxi or livery unless such person is restrained by a safety belt\napproved by the commissioner.\n  (c) No person eight years of age or older but under age sixteen shall\nbe a passenger in a taxi or livery unless such person is restrained by a\nsafety belt approved by the commissioner. A police officer shall only\nissue a summons for a violation of this paragraph to the parent or\nguardian of such person if the violation by such person occurs in the\npresence of such person's parent or guardian and where such parent or\nguardian is eighteen years of age or more. Such summons shall only be\nissued to such parent or guardian and shall not be issued to the person\neight years of age or older but under age sixteen.\n  3-d. (a) No person sixteen years of age or older shall be a passenger\nin a charter bus unless such person is restrained by a safety belt\napproved by the commissioner.\n  (b) No person eight years of age or older but under age sixteen shall\nbe a passenger in a charter bus unless such person is restrained by a\nsafety belt approved by the commissioner. A police officer shall only\nissue a summons for a violation of this paragraph to the parent or\nguardian of such person if the violation by such person occurs in the\npresence of such person's parent or guardian and where such parent or\nguardian is eighteen years of age or older. Such summons shall only be\nissued to such parent or guardian and shall not be issued to the person\neight years of age or older but under age sixteen.\n  4. For the purposes of this section, the following terms shall have\nthe following meanings: (a) "motor vehicle" shall include all motor\nvehicles which are required by section three hundred eighty-three of\nthis chapter or regulation or would be required if such motor vehicle\nwere registered in New York state to be equipped by a safety belt but\nshall not include those vehicles which are used as school buses, as such\nterm is defined in section one hundred forty-two of this chapter and\nthose vehicles which are authorized emergency vehicles, as such term is\ndefined in section one hundred one of this chapter, provided, however,\nthat for purposes of this section, "motor vehicle" shall also include\nfire vehicles owned and/or operated by a fire company as defined by\nsubdivision two of section one hundred of the general municipal law and\nambulances owned and/or operated by a voluntary ambulance service as\ndefined by subdivision three of section one hundred of the general\nmunicipal law;\n  (b) "child restraint system" shall mean any device, used in\nconjunction with safety belts, designed for use in a motor vehicle to\nrestrain, seat, or position children and which meets the applicable\nFederal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213;\n  (c) "appropriate child restraint system" shall mean a child restraint\nsystem for which the occupant meets the occupant size and weight\nrecommendations of the manufacturer of such system;\n  (d) "charter bus" shall mean a bus manufactured or assembled on or\nafter November twenty-eighth, two thousand sixteen transporting\npassengers for compensation in a chartered party; and\n  (e) "chartered party" shall mean a group of persons who, pursuant to a\ncommon purpose and under a single contract and at a fixed charge, have\nacquired exclusive use of a bus to travel together as a group to a\nspecific destination or for a particular itinerary either agreed upon in\nadvance or modified after having left the place of origin by such group.\n  5. Any person who violates the provisions of subdivision three,\nthree-c, three-d or ten-a of this section shall be punished by a civil\nfine of up to fifty dollars. Any person who violates the provisions of\nsubdivision one, two, eleven or thirteen of this section shall be\npunished by a civil fine of not less than twenty-five nor more than one\nhundred dollars. In any prosecution or proceeding alleging a violation\nof paragraph (b) of subdivision one or paragraph (c) of subdivision two\nof this section, it shall be an affirmative defense that the passenger\nsubject to the requirements of such paragraphs was restrained by a\nsafety belt and measures more than four feet nine inches in height\nand/or weighs more than one hundred pounds. In any prosecution or\nproceeding alleging a violation of paragraph (b) or paragraph (c) of\nsubdivision three-c of this section, it shall be an affirmative defense\nthat such taxi or livery was in violation of subdivision four-b of\nsection three hundred eighty-three of this chapter. In any prosecution\nor proceeding alleging a violation of subdivision three-d of this\nsection, it shall be an affirmative defense that such charter bus was\nnot equipped with seat belts, or such seat belts were not clearly\nvisible, accessible, or maintained in good working order.\n  6. The court shall waive any fine for which a person who violates the\nprovisions of this section would be liable with respect to passengers\nunder the age of eight if such person supplies the court with proof\nthat, between the date on which he is charged with having violated this\nsection and the appearance date for such violation, he purchased or\nrented a child restraint system which meets the requirements of\nsubdivision one of this section. Provided, however, that such waiver of\nfine shall not apply to a second or subsequent conviction under this\nsection.\n  * 7. The provisions of this section shall not apply to a passenger or\noperator with a physically disabling condition whose physical disability\nwould prevent appropriate restraint in such safety seat or safety belt\nprovided, however, such condition is duly certified by a physician who\nshall state the nature of the handicap, as well as the reason such\nrestraint is inappropriate.\n  * NB Effective until August 25, 2026\n  * 7. The provisions of this section shall not apply to a passenger or\noperator with a physically disabling condition whose physical disability\nwould prevent appropriate restraint in such safety seat or safety belt\nprovided, however, such condition is duly certified by a physician or\nnurse practitioner who shall state the nature of the handicap, as well\nas the reason such restraint is inappropriate.\n  * NB Effective August 25, 2026\n  8. Non-compliance with the provisions of this section shall not be\nadmissible as evidence in any civil action in a court of law in regard\nto the issue of liability but may be introduced into evidence in\nmitigation of damages provided the party introducing said evidence has\npleaded such non-compliance as an affirmative defense.\n  9. Notwithstanding the provisions of subdivision four of this section,\n(a) the provisions of this section shall not apply to buses other than\nschool buses, except as otherwise provided in subdivision three-d of\nthis section and except that the provisions of subdivision three-a of\nthis section shall be applicable to any person operating a charter bus\nand to charter bus passengers age eight or older, and (b) the provisions\nof subdivisions one, two, three and three-a of this section shall not\napply to taxis and liveries except that the provisions of subdivision\nthree-a of this section shall be applicable to any person operating a\ntaxi or livery and to taxi and livery passengers age eight or older.\n  10. The provisions of this section shall not apply to persons employed\nas rural letter carriers, as defined by the United States postal\nservice, while such persons are discharging the duties of such\nemployment.\n  10-a. Notwithstanding the provisions of subdivision one of this\nsection, no person sixteen years of age or over shall be a passenger in\nthe rear seat of a fire vehicle owned and/or operated by a fire company\nas defined by subdivision two of section one hundred of the general\nmunicipal law or in the rear seat of an ambulance owned and/or operated\nby a voluntary ambulance service as defined by subdivision three of\nsection one hundred of the general municipal law unless such person is\nrestrained by a safety belt approved by the commissioner. Provided,\nhowever, that the provisions of this subdivision shall not apply: (a) to\na passenger in the rear seat of such fire vehicle or ambulance if such\nseat is not required to be equipped with safety belts pursuant to the\nprovisions of section three hundred eighty-three of this chapter, nor\n(b) to emergency medical personnel during the course of providing\npatient care in the rear compartment of an ambulance in accordance with\napplicable patient care standards, guidelines and protocols established\npursuant to article thirty of the public health law.\n  11. Notwithstanding the provisions of subdivision four of this\nsection, no person shall operate a school bus unless all passengers\nunder the age of four are restrained in a specially designed detachable\nor removable seat as required by subdivision one of this section, or\nanother restraining device approved by the commissioner.\n  12. (a) Every rental vehicle company, as defined in paragraph (c) of\nsubdivision one of section three hundred ninety-six-z of the general\nbusiness law, shall post a sign in their place of business which states\nin conspicuous lettering of at least seventy-two point boldface type:\n  NEW YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF EIGHT TO BE\nRESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.\n  (b) Such sign shall be placed in an upright position and in a\nconspicuous place where it can easily be read by the clientele of the\nrental vehicle company.\n  (b-1) A peer-to-peer car sharing program as defined in section three\nthousand four hundred fifty-eight of the insurance law shall provide\ncomparable notice for shared vehicle drivers and shared vehicle owners,\nas defined in section three thousand four hundred fifty-eight of the\ninsurance law, on its website in conspicuous lettering.\n  (c) Any rental vehicle company or peer-to-peer car sharing program\nthat makes a shared vehicle, as defined in section three thousand four\nhundred fifty-eight of the insurance law, available for peer-to-peer car\nsharing which violates the provisions of this subdivision shall be\nsubject to a civil penalty, not to exceed one hundred dollars for each\nday of violation.\n  13. Notwithstanding the provisions of subdivision four of this\nsection, no person shall operate a school bus for which there are no\napplicable federal school bus safety standards unless all occupants are\nrestrained by a safety belt approved by the commissioner or, regarding\noccupants age four or older but under age seven, are restrained pursuant\nto subdivision one or two of this section.\n
N.Y. RSS Law § 63-B — New York Code / Act RSS / Article 2 / Title 7 / Section 63-B
Performance of duty disability retirement; certain county employees
Status: in_force

§ 63-b. Performance of duty disability retirement; certain county\nemployees. a. A member employed by a county shall be eligible for a\nperformance of duty disability retirement if the county elects to make\nthe benefits provided herein available, as provided for in subdivision d\nof this section, and such member is a sheriff, deputy sheriff,\nundersheriff or correction officer.\n  b. Any sheriff, deputy sheriff, undersheriff, or correction officer as\ndefined in subdivision a of this section, who becomes physically or\nmentally incapacitated for the performance of duties as the natural and\nproximate result of an injury, sustained in the performance or discharge\nof his or her duties by, or as the natural and proximate result of an\nact of any incarcerated individual or any person confined in an\ninstitution under the jurisdiction of such county, shall be paid a\nperformance of duty disability retirement allowance equal to that which\nis provided in section sixty-three of this title, subject to the\nprovisions of section sixty-four of this title.\n  c. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, a member covered by this section who\ncontracts HIV (where there may have been an exposure to a bodily fluid\nof an incarcerated individual or a person defined in subdivision b of\nthis section as a natural and proximate result of an act of any\nincarcerated individual or person described in such subdivision b that\nmay have involved transmission of a specified transmissible disease from\nan incarcerated individual or person described in such subdivision b to\nthe retirement system member), tuberculosis or hepatitis will be\npresumed to have contracted such disease in the performance or discharge\nof his or her duties, and will be presumed to be disabled from the\nperformance of his or her duties, unless the contrary be proved by\ncompetent evidence.\n  d. 1. Each county that elects pursuant to the provisions of this\nsubdivision shall pay the cost attributable therefor.\n  2. The performance of duty disability retirement as defined in\nsubdivisions b and c of this section shall be available only to\nsheriffs, deputy sheriffs, undersheriffs and correction officers whose\nemployer elects to provide such benefits by adopting a resolution to\nsuch effect and filing a certified copy thereof with the comptroller.\nSuch resolution shall be accompanied by the affidavit of the chief\nexecutive officer of the county that the county has received an estimate\nfrom the retirement system of the cost of the benefit provided by this\nsection.\n  3. Such resolution shall apply only to those members as defined in\nsubdivisions a and b of this section.\n
N.Y. VAT Law § 1193 — New York Code / Act VAT / Title 7 / Article 31 / Section 1193
Sanctions
Status: in_force

§ 1193. Sanctions. 1. Criminal penalties. (a) Driving while ability\nimpaired. A violation of subdivision one of section eleven hundred\nninety-two of this article shall be a traffic infraction and shall be\npunishable by a fine of not less than three hundred dollars nor more\nthan five hundred dollars or by imprisonment in a penitentiary or county\njail for not more than fifteen days, or by both such fine and\nimprisonment. A person who operates a vehicle in violation of such\nsubdivision after having been convicted of a violation of any\nsubdivision of section eleven hundred ninety-two of this article within\nthe preceding five years shall be punished by a fine of not less than\nfive hundred dollars nor more than seven hundred fifty dollars, or by\nimprisonment of not more than thirty days in a penitentiary or county\njail or by both such fine and imprisonment. A person who operates a\nvehicle in violation of such subdivision after having been convicted two\nor more times of a violation of any subdivision of section eleven\nhundred ninety-two of this article within the preceding ten years shall\nbe guilty of a misdemeanor, and shall be punished by a fine of not less\nthan seven hundred fifty dollars nor more than fifteen hundred dollars,\nor by imprisonment of not more than one hundred eighty days in a\npenitentiary or county jail or by both such fine and imprisonment.\n  (b) Driving while intoxicated or while ability impaired by drugs or\nwhile ability impaired by the combined influence of drugs or of alcohol\nand any drug or drugs; aggravated driving while intoxicated; misdemeanor\noffenses. (i) A violation of subdivision two, three, four or four-a of\nsection eleven hundred ninety-two of this article shall be a misdemeanor\nand shall be punishable by a fine of not less than five hundred dollars\nnor more than one thousand dollars, or by imprisonment in a penitentiary\nor county jail for not more than one year, or by both such fine and\nimprisonment. A violation of paragraph (a) of subdivision two-a of\nsection eleven hundred ninety-two of this article shall be a misdemeanor\nand shall be punishable by a fine of not less than one thousand dollars\nnor more than two thousand five hundred dollars or by imprisonment in a\npenitentiary or county jail for not more than one year, or by both such\nfine and imprisonment.\n  (ii) In addition to the imposition of any fine or period of\nimprisonment set forth in this paragraph, the court shall also sentence\nsuch person convicted of, or adjudicated a youthful offender for, a\nviolation of subdivision two, two-a or three of section eleven hundred\nninety-two of this article to a term of probation or conditional\ndischarge, as a condition of which it shall order such person to install\nand maintain, in accordance with the provisions of section eleven\nhundred ninety-eight of this article, an ignition interlock device in\nany motor vehicle owned or operated by such person during the term of\nsuch probation or conditional discharge imposed for such violation of\nsection eleven hundred ninety-two of this article and in no event for a\nperiod of less than twelve months; provided, however, that such period\nof interlock restriction shall terminate upon submission of proof that\nsuch person installed and maintained an ignition interlock device for at\nleast six months, unless the court ordered such person to install and\nmaintain an ignition interlock device for a longer period as authorized\nby this subparagraph and specified in such order. The period of\ninterlock restriction shall commence from the earlier of the date of\nsentencing, or the date that an ignition interlock device was installed\nin advance of sentencing. Provided, however, the court may not authorize\nthe operation of a motor vehicle by any person whose license or\nprivilege to operate a motor vehicle has been revoked pursuant to the\nprovisions of this section.\n  (c) Felony offenses. (i) A person who operates a vehicle (A) in\nviolation of subdivision two, two-a, three, four or four-a of section\neleven hundred ninety-two of this article after having been convicted of\na violation of subdivision two, two-a, three, four or four-a of such\nsection or of vehicular assault in the second or first degree, as\ndefined, respectively, in sections 120.03 and 120.04 and aggravated\nvehicular assault as defined in section 120.04-a of the penal law or of\nvehicular manslaughter in the second or first degree, as defined,\nrespectively, in sections 125.12 and 125.13 and aggravated vehicular\nhomicide as defined in section 125.14 of such law, within the preceding\nten years, or (B) in violation of paragraph (b) of subdivision two-a of\nsection eleven hundred ninety-two of this article shall be guilty of a\nclass E felony, and shall be punished by a fine of not less than one\nthousand dollars nor more than five thousand dollars or by a period of\nimprisonment as provided in the penal law, or by both such fine and\nimprisonment.\n  (ii) A person who operates a vehicle in violation of subdivision two,\ntwo-a, three, four or four-a of section eleven hundred ninety-two of\nthis article after having been convicted of a violation of subdivision\ntwo, two-a, three, four or four-a of such section or of vehicular\nassault in the second or first degree, as defined, respectively, in\nsections 120.03 and 120.04 and aggravated vehicular assault as defined\nin section 120.04-a of the penal law or of vehicular manslaughter in the\nsecond or first degree, as defined, respectively, in sections 125.12 and\n125.13 and aggravated vehicular homicide as defined in section 125.14 of\nsuch law, twice within the preceding ten years, shall be guilty of a\nclass D felony, and shall be punished by a fine of not less than two\nthousand dollars nor more than ten thousand dollars or by a period of\nimprisonment as provided in the penal law, or by both such fine and\nimprisonment.\n  (ii-a) A person who operates a vehicle in violation of subdivision\ntwo, two-a, three, four or four-a of section eleven hundred ninety-two\nof this article after having been convicted of a violation of\nsubdivision two, two-a, three, four or four-a of such section or of\nvehicular assault in the second or first degree, as defined,\nrespectively, in sections 120.03 and 120.04 and aggravated vehicular\nassault as defined in section 120.04-a of the penal law or of vehicular\nmanslaughter in the second or first degree, as defined, respectively, in\nsections 125.12 and 125.13 and aggravated vehicular homicide as defined\nin section 125.14 of such law, three or more times within the preceding\nfifteen years, shall be guilty of a class D felony, and shall be\npunished by a fine of not less than two thousand dollars nor more than\nten thousand dollars or by a period of imprisonment as provided in the\npenal law, or by both such fine and imprisonment.\n  (iii) In addition to the imposition of any fine or period of\nimprisonment set forth in this paragraph, the court shall also sentence\nsuch person convicted of, or adjudicated a youthful offender for, a\nviolation of subdivision two, two-a or three of section eleven hundred\nninety-two of this article to a period of probation or conditional\ndischarge, as a condition of which it shall order such person to install\nand maintain, in accordance with the provisions of section eleven\nhundred ninety-eight of this article, an ignition interlock device in\nany motor vehicle owned or operated by such person during the term of\nsuch probation or conditional discharge imposed for such violation of\nsection eleven hundred ninety-two of this article and in no event for a\nperiod of less than twelve months; provided, however, that such period\nof interlock restriction shall terminate upon submission of proof that\nsuch person installed and maintained an ignition interlock device for at\nleast six months, unless the court ordered such person to install and\nmaintain a ignition interlock device for a longer period as authorized\nby this subparagraph and specified in such order. The period of\ninterlock restriction shall commence from the earlier of the date of\nsentencing, or the date that an ignition interlock device was installed\nin advance of sentencing. Provided, however, the court may not authorize\nthe operation of a motor vehicle by any person whose license or\nprivilege to operate a motor vehicle has been revoked pursuant to the\nprovisions of this section.\n  (d) Alcohol or drug related offenses; special vehicles. (1) Except as\nprovided in subparagraph four of this paragraph, a violation of\nsubdivision one, two, three, four or four-a of section eleven hundred\nninety-two of this article wherein the violator is operating a taxicab\nas defined in section one hundred forty-eight-a of this chapter, or\nlivery as defined in section one hundred twenty-one-e of this chapter,\nand such taxicab or livery is carrying a passenger for compensation, or\na truck with a GVWR of more than eighteen thousand pounds but not more\nthan twenty-six thousand pounds and which is not a commercial motor\nvehicle shall be a misdemeanor punishable by a fine of not less than\nfive hundred dollars nor more than fifteen hundred dollars or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment. A violation of subdivision two-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a taxicab as defined in section one hundred forty-eight-a of\nthis chapter, or livery as defined in section one hundred twenty-one-e\nof this chapter, and such taxicab or livery is carrying a passenger for\ncompensation, or a truck with a GVWR of more than eighteen thousand\npounds but not more than twenty-six thousand pounds and which is not a\ncommercial motor vehicle shall be a class E felony punishable by a fine\nof not less than one thousand dollars nor more than five thousand\ndollars or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment.\n  (1-a) A violation of subdivision one of section eleven hundred\nninety-two of this article wherein the violator is operating a school\nbus as defined in section one hundred forty-two of this chapter and such\nschool bus is carrying at least one student passenger shall be a\nmisdemeanor punishable by a fine of not less than five hundred dollars\nnor more than fifteen hundred dollars or by a period of imprisonment as\nprovided in the penal law, or by both such fine and imprisonment.\n  (2) A violation of subdivision five of section eleven hundred\nninety-two of this article shall be a traffic infraction punishable as\nprovided in paragraph (a) of this subdivision. Except as provided in\nsubparagraph three or five of this paragraph, a violation of subdivision\none, two, three, four, four-a or six of section eleven hundred\nninety-two of this article wherein the violator is operating a\ncommercial motor vehicle, or any motor vehicle registered or\nregisterable under schedule F of subdivision seven of section four\nhundred one of this chapter shall be a misdemeanor. A violation of\nsubdivision one, two, three, four or four-a of section eleven hundred\nninety-two of this article shall be punishable by a fine of not less\nthan five hundred dollars nor more than fifteen hundred dollars or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment. A violation of subdivision six of section eleven\nhundred ninety-two of this article shall be punishable by a fine of not\nless than five hundred dollars nor more than fifteen hundred dollars or\nby a period of imprisonment not to exceed one hundred eighty days, or by\nboth such fine and imprisonment. A person who operates any such vehicle\nin violation of such subdivision six after having been convicted of a\nviolation of subdivision one, two, two-a, three, four, four-a or six of\nsection eleven hundred ninety-two of this article within the preceding\nfive years shall be punishable by a fine of not less than five hundred\ndollars nor more than fifteen hundred dollars or by a period of\nimprisonment as provided in the penal law, or by both such fine and\nimprisonment. A violation of subdivision two-a of section eleven hundred\nninety-two of this article wherein the violator is operating a\ncommercial motor vehicle, or any motor vehicle registered or\nregisterable under schedule F of subdivision seven of section four\nhundred one of this chapter shall be a class E felony punishable by a\nfine of not less than one thousand dollars nor more than five thousand\ndollars or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment.\n  (3) A violation of subdivision one of section eleven hundred\nninety-two of this article wherein the violator is operating a motor\nvehicle with a gross vehicle weight rating of more than eighteen\nthousand pounds which contains flammable gas, radioactive materials or\nexplosives shall be a misdemeanor punishable by a fine of not less than\nfive hundred dollars nor more than fifteen hundred dollars or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment.\n  (4) (i) A person who operates a vehicle in violation of subdivision\none, two, two-a, three, four or four-a of section eleven hundred\nninety-two of this article and which is punishable as provided in\nsubparagraph one, one-a, two or three of this paragraph after having\nbeen convicted of a violation of any such subdivision of section eleven\nhundred ninety-two of this article and penalized under subparagraph one,\none-a, two or three of this paragraph within the preceding ten years,\nshall be guilty of a class E felony, which shall be punishable by a fine\nof not less than one thousand dollars nor more than five thousand\ndollars, or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment. A person who operates a vehicle in\nviolation of subdivision six of section eleven hundred ninety-two of\nthis article after having been convicted of two or more violations of\nsubdivisions one, two, two-a, three, four, four-a or six of section\neleven hundred ninety-two of this article within the preceding five\nyears, any one of which was a misdemeanor, shall be guilty of a class E\nfelony, which shall be punishable by a fine of not less than one\nthousand dollars nor more than five thousand dollars, or by a period of\nimprisonment as provided in the penal law, or by both such fine and\nimprisonment. In addition, any person sentenced pursuant to this\nsubparagraph shall be subject to the disqualification provided in\nsubparagraph three of paragraph (e) of subdivision two of this section.\n  (ii) A person who operates a vehicle in violation of subdivision one,\ntwo, two-a, three, four or four-a of section eleven hundred ninety-two\nof this article and which is punishable as provided in subparagraph one,\none-a, two or three of this paragraph after having been convicted of a\nviolation of any such subdivision of section eleven hundred ninety-two\nof this article and penalized under subparagraph one, one-a, two or\nthree of this paragraph twice within the preceding ten years, shall be\nguilty of a class D felony, which shall be punishable by a fine of not\nless than two thousand dollars nor more than ten thousand dollars, or by\na period of imprisonment as provided in the penal law, or by both such\nfine and imprisonment. A person who operates a vehicle in violation of\nsubdivision six of section eleven hundred ninety-two of this article\nafter having been convicted of three or more violations of subdivisions\none, two, two-a, three, four, four-a or six of section eleven hundred\nninety-two of this article within the preceding five years, any one of\nwhich was a misdemeanor, shall be guilty of a class D felony, which\nshall be punishable by a fine of not less than two thousand dollars nor\nmore than ten thousand dollars, or by a period of imprisonment as\nprovided in the penal law, or by both such fine and imprisonment. In\naddition, any person sentenced pursuant to this subparagraph shall be\nsubject to the disqualification provided in subparagraph three of\nparagraph (e) of subdivision two of this section.\n  (4-a) A violation of subdivision two, three, four or four-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a school bus as defined in section one hundred forty-two of\nthis chapter and such school bus is carrying at least one student\npassenger shall be a class E felony punishable by a fine of not less\nthan one thousand dollars nor more than five thousand dollars, or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment. A violation of subdivision two-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a school bus as defined in section one hundred forty-two of\nthis chapter and such school bus is carrying at least one student\npassenger shall be a class D felony punishable by a fine of not less\nthan two thousand dollars nor more than ten thousand dollars, or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment.\n  (5) A violation of subdivision two, three, four or four-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a motor vehicle with a gross vehicle weight rating of more\nthan eighteen thousand pounds which contains flammable gas, radioactive\nmaterials or explosives, shall be a class E felony punishable by a fine\nof not less than one thousand dollars and such other penalties as\nprovided for in the penal law; provided, however, that a conviction for\nsuch violation shall not be considered a predicate felony pursuant to\nsection 70.06 of such law, or a previous felony conviction pursuant to\nsection 70.10 of such law. A violation of subdivision two-a of section\neleven hundred ninety-two of this article wherein the violator is\noperating a motor vehicle with a gross vehicle weight rating of more\nthan eighteen thousand pounds which contains flammable gas, radioactive\nmaterials or explosives, shall be a class D felony punishable by a fine\nof not less than two thousand nor more than ten thousand dollars and\nsuch other penalties as provided for in the penal law; provided,\nhowever, that a conviction for such violation shall not be considered a\npredicate felony pursuant to section 70.06 of such law, or a previous\nfelony conviction pursuant to section 70.10 of such law.\n  (6) The sentences required to be imposed by subparagraph one, one-a,\ntwo, three, four, four-a or five of this paragraph shall be imposed\nnotwithstanding any contrary provision of this chapter or the penal law.\n  (7) Nothing contained in this paragraph shall prohibit the imposition\nof a charge of any other felony set forth in this or any other provision\nof law for any acts arising out of the same incident.\n  (e) Certain sentences prohibited. Notwithstanding any provisions of\nthe penal law, no judge or magistrate shall impose a sentence of\nunconditional discharge for a violation of any subdivision of section\neleven hundred ninety-two of this article nor shall a judge or\nmagistrate impose a sentence of conditional discharge or probation\nunless such conditional discharge or probation is accompanied by a\nsentence of a fine as provided in this subdivision.\n  (f) Where the court imposes a sentence for a violation of section\neleven hundred ninety-two of this article, the court may require the\ndefendant, as a part of or as a condition of such sentence, to attend a\nsingle session conducted by a victims impact program. For purposes of\nthis section, "victims impact program" means a program operated by a\ncounty, a city with a population of one million or more, by a\nnot-for-profit organization authorized by any such county or city, or a\ncombination thereof, in which presentations are made concerning the\nimpact of operating a motor vehicle while under the influence of alcohol\nor drugs to one or more persons who have been convicted of such\noffenses. A description of any such program shall be filed with the\ncommissioner and with the coordinator of the special traffic options\nprogram for driving while intoxicated established pursuant to section\neleven hundred ninety-seven of this article, and shall be made available\nto the court upon request. Nothing contained herein shall be construed\nto require any governmental entity to create such a victim impact\nprogram.\n  (g) The office of probation and correctional alternatives shall\nrecommend to the commissioner of the division of criminal justice\nservices regulations governing the monitoring of compliance by persons\nordered to install and maintain ignition interlock devices to provide\nstandards for monitoring by departments of probation, and options for\nmonitoring of compliance by such persons, that counties may adopt as an\nalternative to monitoring by a department of probation.\n  1-a. Additional penalties. (a) Except as provided for in paragraph (b)\nof this subdivision, a person who operates a vehicle in violation of\nsubdivision two or three of section eleven hundred ninety-two of this\narticle after having been convicted of a violation of subdivision two or\nthree of such section within the preceding five years shall, in addition\nto any other penalties which may be imposed pursuant to subdivision one\nof this section, be sentenced to a term of imprisonment of five days or,\nas an alternative to such imprisonment, be required to perform thirty\ndays of service for a public or not-for-profit corporation, association,\ninstitution or agency as set forth in paragraph (h) of subdivision two\nof section 65.10 of the penal law as a condition of sentencing for such\nviolation. Notwithstanding the provisions of this paragraph, a sentence\nof a term of imprisonment of five days or more pursuant to the\nprovisions of subdivision one of this section shall be deemed to be in\ncompliance with this subdivision.\n  (b) A person who operates a vehicle in violation of subdivision two or\nthree of section eleven hundred ninety-two of this article after having\nbeen convicted on two or more occasions of a violation of any of such\nsubdivisions within the preceding five years shall, in addition to any\nother penalties which may be imposed pursuant to subdivision one of this\nsection, be sentenced to a term of imprisonment of ten days or, as an\nalternative to such imprisonment, be required to perform sixty days of\nservice for a public or not-for-profit corporation, association,\ninstitution or agency as set forth in paragraph (h) of subdivision two\nof section 65.10 of the penal law as a condition of sentencing for such\nviolation. Notwithstanding the provisions of this paragraph, a sentence\nof a term of imprisonment of ten days or more pursuant to the provisions\nof subdivision one of this section shall be deemed to be in compliance\nwith this subdivision.\n  (c) A court sentencing a person pursuant to paragraph (a) or (b) of\nthis subdivision shall: (i) order the installation of an ignition\ninterlock device approved pursuant to section eleven hundred\nninety-eight of this article in any motor vehicle owned or operated by\nthe person so sentenced. Such devices shall remain installed during any\nperiod of license revocation required to be imposed pursuant to\nparagraph (b) of subdivision two of this section, and, upon the\ntermination of such revocation period, for an additional period as\ndetermined by the court; and (ii) order that such person receive an\nassessment of the degree of their alcohol or substance abuse and\ndependency pursuant to the provisions of section eleven hundred\nninety-eight-a of this article.  Where such assessment indicates the\nneed for treatment, such court is authorized to impose treatment as a\ncondition of such sentence except that such court shall impose treatment\nas a condition of a sentence of probation or conditional discharge\npursuant to the provisions of subdivision three of section eleven\nhundred ninety-eight-a of this article. Any person ordered to install an\nignition interlock device pursuant to this paragraph shall be subject to\nthe provisions of subdivisions four, five, seven, eight and nine of\nsection eleven hundred ninety-eight of this article.\n  (d) Confidentiality of records. The provisions of subdivision six of\nsection eleven hundred ninety-eight-a of this article shall apply to the\nrecords and content of all assessments and treatment conducted pursuant\nto this subdivision.\n  2. License sanctions. (a) Suspensions. Except as otherwise provided in\nthis subdivision, a license shall be suspended and a registration may be\nsuspended for the following periods:\n  (1) Driving while ability impaired. Ninety days, where the holder is\nconvicted of a violation of subdivision one of section eleven hundred\nninety-two of this article;\n  (2) Persons under the age of twenty-one; driving after having consumed\nalcohol. Six months, where the holder has been found to have operated a\nmotor vehicle after having consumed alcohol in violation of section\neleven hundred ninety-two-a of this article where such person was under\nthe age of twenty-one at the time of commission of such violation.\n  (b) Revocations. A license shall be revoked and a registration may be\nrevoked for the following minimum periods:\n  (1) Driving while ability impaired; prior offense. Six months, where\nthe holder is convicted of a violation of subdivision one of section\neleven hundred ninety-two of this article committed within five years of\na conviction for a violation of any subdivision of section eleven\nhundred ninety-two of this article.\n  (1-a) Driving while ability impaired; misdemeanor offense. Six months,\nwhere the holder is convicted of a violation of subdivision one of\nsection eleven hundred ninety-two of this article committed within ten\nyears of two previous convictions for a violation of any subdivision of\nsection eleven hundred ninety-two of this article.\n  (2) Driving while intoxicated or while ability impaired by drugs or\nwhile ability impaired by the combined influence of drugs or of alcohol\nand any drug or drugs; aggravated driving while intoxicated. Six months,\nwhere the holder is convicted of a violation of subdivision two, three,\nfour or four-a of section eleven hundred ninety-two of this article. One\nyear where the holder is convicted of a violation of subdivision two-a\nof section eleven hundred ninety-two of this article.\n  (3) Driving while intoxicated or while ability impaired by drugs or\nwhile ability impaired by the combined influence of drugs or of alcohol\nand any drug or drugs; aggravated driving while intoxicated; prior\noffense. One year, where the holder is convicted of a violation of\nsubdivision two, three, four or four-a of section eleven hundred\nninety-two of this article committed within ten years of a conviction\nfor a violation of subdivision two, three, four or four-a of section\neleven hundred ninety-two of this article. Eighteen months, where the\nholder is convicted of a violation of subdivision two-a of section\neleven hundred ninety-two of this article committed within ten years of\na conviction for a violation of subdivision two, two-a, three, four or\nfour-a of section eleven hundred ninety-two of this article; or where\nthe holder is convicted of a violation of subdivision two, three, four\nor four-a of section eleven hundred ninety-two of this article committed\nwithin ten years of a conviction for a violation of subdivision two-a of\nsection eleven hundred ninety-two of this article.\n  (4) Special vehicles other than school buses. One year, where the\nholder is convicted of a violation of any subdivision of section eleven\nhundred ninety-two of this article and is sentenced pursuant to\nsubparagraph one of paragraph (d) of subdivision one of this section.\n  (4-a) School buses. (A) One year, where the holder is convicted of a\nviolation of any subdivision of section eleven hundred ninety-two of\nthis article, such violation was committed while the holder was driving\na school bus, and the holder is sentenced pursuant to subparagraph one,\none-a or four-a of paragraph (d) of subdivision one of this section.\n  (B) Three years where the holder is convicted of a violation of any\nsubdivision of section eleven hundred ninety-two of this article, such\nviolation was committed while the holder was driving a school bus, and\nthe holder is sentenced pursuant to subparagraph four of paragraph (d)\nof subdivision one of this section.\n  (C) Notwithstanding the provisions of the opening paragraph of this\nparagraph (b), the commissioner shall not revoke the registration of a\nschool bus driven in violation of section eleven hundred ninety-two of\nthis article.\n  (5) Holder of a commercial driver's license. (i) Except as otherwise\nprovided in this subparagraph, one year where the holder of a commercial\ndriver's license is convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this article or if such holder is\nconvicted of an offense consisting of operating a motor vehicle under\nthe influence of alcohol or drugs where such conviction was had outside\nof this state.\n  (ii) Three years, where the holder is convicted of a violation of any\nsubdivision of section eleven hundred ninety-two of this article, such\nviolation was committed while the holder was operating a commercial\nmotor vehicle transporting hazardous materials or if such holder is\nconvicted of an offense consisting of operating a motor vehicle under\nthe influence of alcohol or drugs where such conviction was had outside\nof this state.\n  (6) Persons under the age of twenty-one. One year, where the holder is\nconvicted of or adjudicated a youthful offender for a violation of any\nsubdivision of section eleven hundred ninety-two of this article, or is\nconvicted of or receives a youthful offender or other juvenile\nadjudication for an offense consisting of operating a motor vehicle\nunder the influence of intoxicating liquor where the conviction, or\nyouthful offender or other juvenile adjudication was had outside this\nstate, where such person was under the age of twenty-one at the time of\ncommission of such violation.\n  (7) Persons under the age of twenty-one; prior offense or finding. One\nyear or until the holder reaches the age of twenty-one, whichever is the\ngreater period of time, where the holder has been found to have operated\na motor vehicle after having consumed alcohol in violation of section\neleven hundred ninety-two-a of this article, or is convicted of, or\nadjudicated a youthful offender for, a violation of any subdivision of\nsection eleven hundred ninety-two of this article, or is convicted of or\nreceives a youthful offender or juvenile adjudication for an offense\nconsisting of operating a motor vehicle under the influence of\nintoxicating liquor where the conviction, or youthful offender or other\njuvenile adjudication was had outside this state, where such person was\nunder the age of twenty-one at the time of commission of such violation\nand has previously been found to have operated a motor vehicle after\nhaving consumed alcohol in violation of section eleven hundred\nninety-two-a of this article, or has previously been convicted of, or\nadjudicated a youthful offender for, any violation of section eleven\nhundred ninety-two of this article not arising out of the same incident,\nor has previously been convicted of or received a youthful offender or\njuvenile adjudication for an offense consisting of operating a motor\nvehicle under the influence of intoxicating liquor when the conviction,\nor youthful offender or other juvenile adjudication was had outside this\nstate and not arising out of the same.\n  (8) Out-of-state offenses. Except as provided in subparagraph six or\nseven of this paragraph: (i) ninety days, where the holder is convicted\nof an offense consisting of operating a motor vehicle under the\ninfluence of intoxicating liquor where the conviction was had outside\nthis state and (ii) six months, where the holder is convicted of, or\nreceives a youthful offender or other juvenile adjudication, which would\nhave been a misdemeanor or felony if committed by an adult, in\nconnection with, an offense consisting of operating a motor vehicle\nunder the influence of or while impaired by the use of drugs where the\nconviction or youthful offender or other juvenile adjudication was had\noutside this state.\n  (9) Effect of rehabilitation program. No period of revocation arising\nout of subparagraph four, five, six or seven of this paragraph may be\nset aside by the commissioner for the reason that such person was a\nparticipant in the alcohol and drug rehabilitation program set forth in\nsection eleven hundred ninety-six of this chapter.\n  (10) Action required by commissioner. Where a court fails to impose,\nor incorrectly imposes, a suspension or revocation required by this\nsubdivision, the commissioner shall, upon receipt of a certificate of\nconviction filed pursuant to section five hundred fourteen of this\nchapter, impose such mandated suspension or revocation, which shall\nsupersede any such order which the court may have imposed.\n  (11) Limitation of certain mandatory revocations. Where revocation is\nmandatory pursuant to subparagraph five of this paragraph for a\nconviction of a violation of subdivision five of section eleven hundred\nninety-two of this article, such revocation shall be issued only by the\ncommissioner and shall be applicable only to that portion of the\nholder's driver's license or privilege which permits the operation of\ncommercial motor vehicles, and the commissioner shall immediately issue\na license, other than a commercial driver's license, to such person\nprovided that such person is otherwise eligible to receive such license\nand further provided that issuing a license to such person does not\ncreate a substantial traffic safety hazard.\n  (12) Permanent revocation. (a) Notwithstanding any other provision of\nthis chapter to the contrary, whenever a revocation is imposed upon a\nperson for the refusal to submit to a chemical test pursuant to the\nprovisions of section eleven hundred ninety-four of this article or\nconviction for any violation of section eleven hundred ninety-two of\nthis article for which a sentence of imprisonment may be imposed, and\nsuch person has: (i) within the previous four years been twice convicted\nof any provisions of section eleven hundred ninety-two of this article\nor a violation of the penal law for which a violation of such section\neleven hundred ninety-two is an essential element and at least one such\nconviction was for a crime, or has twice been found to have refused to\nsubmit to a chemical test pursuant to section eleven hundred ninety-four\nof this article, or has any combination of two such convictions and\nfindings of refusal not arising out of the same incident; or (ii) within\nthe previous eight years been convicted three times of any provision of\nsection eleven hundred ninety-two of this article for which a sentence\nof imprisonment may be imposed or a violation of the penal law for which\na violation of such section eleven hundred ninety-two is an essential\nelement and at least two such convictions were for crimes, or has been\nfound, on three separate occasions, to have refused to submit to a\nchemical test pursuant to section eleven hundred ninety-four of this\narticle, or has any combination of such convictions and findings of\nrefusal not arising out of the same incident, such revocation shall be\npermanent.\n  (b) The permanent driver's license revocation required by clause (a)\nof this subparagraph shall be waived by the commissioner after a period\nof five years has expired since the imposition of such permanent\nrevocation, provided that during such five-year period such person has\nnot been found to have refused a chemical test pursuant to section\neleven hundred ninety-four of this article while operating a motor\nvehicle and has not been convicted of a violation of any subdivision of\nsection eleven hundred ninety-two of this article or section five\nhundred eleven of this chapter or a violation of the penal law for which\na violation of any subdivision of such section eleven hundred ninety-two\nis an essential element and either:\n  (i) that such person provides acceptable documentation to the\ncommissioner that such person has voluntarily enrolled in and\nsuccessfully completed an appropriate rehabilitation program; or\n  (ii) that such person is granted a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law.\n  Provided, however, that the commissioner may, on a case by case basis,\nrefuse to restore a license which otherwise would be restored pursuant\nto this item, in the interest of the public safety and welfare.\n  (c) For revocations imposed pursuant to clause (a) of this\nsubparagraph, the commissioner may adopt rules to permit conditional or\nrestricted operation of a motor vehicle by any such person after a\nmandatory revocation period of not less than three years subject to such\ncriteria, terms and conditions as established by the commissioner.\n  (d) Upon (i) a finding of refusal after having been convicted three\ntimes within four years of a violation of any subdivision of section\neleven hundred ninety-two of this article or of the penal law for which\na violation of any subdivision of such section eleven hundred ninety-two\nis an essential element or any combination of three such convictions not\narising out of the same incident within four years or (ii) a fourth\nconviction of any subdivision of section eleven hundred ninety-two of\nthis article after having been convicted of any such subdivision of such\nsection eleven hundred ninety-two or of the penal law for which a\nviolation of any of such subdivisions of such section eleven hundred\nninety-two is an essential element or any combination of three such\nconvictions not arising out of the same incident within four years or\n(iii) a finding of refusal after having been convicted four times within\neight years of a violation of any subdivision of section eleven hundred\nninety-two of this article or of the penal law for which a violation of\nany of such subdivisions of such section eleven hundred ninety-two is an\nessential element or any combination of four such convictions not\narising out of the same incident within eight years or (iv) a fifth\nconviction of any subdivision of section eleven hundred ninety-two of\nthis article after having been convicted of such subdivision or of the\npenal law for which a violation of any of such subdivisions of such\nsection eleven hundred ninety-two is an essential element or any\ncombination of four such convictions not arising out of the same\nincident within eight years, such revocation shall be permanent.\n  (e) The permanent driver's license revocation required by clause (d)\nof this subparagraph may be waived by the commissioner after a period of\neight years has expired since the imposition of such permanent\nrevocation provided:\n  (i) that during such eight-year period such person has not been found\nto have refused a chemical test pursuant to section eleven hundred\nninety-four of this article while operating a motor vehicle and has not\nbeen convicted of a violation of any subdivision of section eleven\nhundred ninety-two of this article or section five hundred eleven of\nthis chapter or a violation of the penal law for which a violation of\nany such subdivisions of such section eleven hundred ninety-two is an\nessential element; and\n  (ii) that such person provides acceptable documentation to the\ncommissioner that such person has voluntarily enrolled in and\nsuccessfully completed an appropriate rehabilitation program; and\n  (iii) after such documentation is accepted, that such person is\ngranted a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law.\n  Notwithstanding the provisions of this clause, nothing contained in\nthis clause shall be deemed to require the commissioner to restore a\nlicense to an applicant who otherwise has complied with the requirements\nof this item, in the interest of the public safety and welfare.\n  (f) Nothing contained in this subparagraph shall be deemed to reduce a\nlicense revocation period imposed pursuant to any other provision of\nlaw.\n  (c) Reissuance of licenses; restrictions. (1) Except as otherwise\nprovided in this paragraph, where a license is revoked pursuant to\nparagraph (b) of this subdivision, no new license shall be issued after\nthe expiration of the minimum period specified in such paragraph, except\nin the discretion of the commissioner.\n  (2) Where a license is revoked pursuant to subparagraph two, three or\neight of paragraph (b) of this subdivision for a violation of\nsubdivision four of section eleven hundred ninety-two of this article,\nand where the individual does not have a driver's license or the\nindividual's license was suspended at the time of conviction or youthful\noffender or other juvenile adjudication, the commissioner shall not\nissue a new license nor restore the former license for a period of six\nmonths after such individual would otherwise have become eligible to\nobtain a new license or to have the former license restored; provided,\nhowever, that during such delay period the commissioner may issue a\nrestricted use license pursuant to section five hundred thirty of this\nchapter.\n  (3) In no event shall a new license be issued where a person has been\ntwice convicted of a violation of subdivision three, four or four-a of\nsection eleven hundred ninety-two of this article or of driving while\nintoxicated or of driving while ability is impaired by the use of a drug\nor of driving while ability is impaired by the combined influence of\ndrugs or of alcohol and any drug or drugs where physical injury, as\ndefined in section 10.00 of the penal law, has resulted from such\noffense in each instance.\n  (d) Suspension or revocation; sentencing. (1) Notwithstanding anything\nto the contrary contained in a certificate of relief from disabilities\nor a certificate of good conduct issued pursuant to article twenty-three\nof the correction law, where a suspension or revocation, other than a\nrevocation required to be issued by the commissioner, is mandatory\npursuant to paragraph (a) or (b) of this subdivision, the magistrate,\njustice or judge shall issue an order suspending or revoking such\nlicense upon sentencing, and the license holder shall surrender such\nlicense to the court. Except as hereinafter provided, such suspension or\nrevocation shall take effect immediately.\n  (2) Except where the license holder has been charged with a violation\nof article one hundred twenty or one hundred twenty-five of the penal\nlaw arising out of the same incident or convicted of such violation or a\nviolation of any subdivision of section eleven hundred ninety-two of\nthis article within the preceding five years, the judge, justice or\nmagistrate may issue an order making said license suspension or\nrevocation take effect twenty days after the date of sentencing. The\nlicense holder shall be given a copy of said order permitting the\ncontinuation of driving privileges for twenty days after sentencing, if\ngranted by the court. The court shall forward to the commissioner the\ncertificates required in sections five hundred thirteen and five hundred\nfourteen of this chapter, along with a copy of any order issued pursuant\nto this paragraph and the license, within ninety-six hours of\nsentencing.\n  (e) Special provisions. (1) Suspension pending prosecution; procedure.\na. Without notice, pending any prosecution, the court shall suspend such\nlicense, where the holder has been charged with a violation of\nsubdivision two, two-a, three, four or four-a of section eleven hundred\nninety-two of this article and either (i) a violation of a felony under\narticle one hundred twenty or one hundred twenty-five of the penal law\narising out of the same incident, or (ii) has been convicted of any\nviolation under section eleven hundred ninety-two of this article within\nthe preceding five years.\n  b. The suspension under the preceding clause shall occur no later than\ntwenty days after the holder's first appearance before the court on the\ncharges or at the conclusion of all proceedings required for the\narraignment. In order for the court to impose such suspension it must\nfind that the accusatory instrument conforms to the requirements of\nsection 100.40 of the criminal procedure law and there exists reasonable\ncause to believe that the holder operated a motor vehicle in violation\nof subdivision two, two-a, three, four or four-a of section eleven\nhundred ninety-two of this article and either (i) the person had been\nconvicted of any violation under such section eleven hundred ninety-two\nof this article within the preceding five years; or (ii) that the holder\ncommitted a violation of a felony under article one hundred twenty or\none hundred twenty-five of the penal law. At such time the holder shall\nbe entitled to an opportunity to make a statement regarding the\nenumerated issues and to present evidence tending to rebut the court's\nfindings. Where such suspension is imposed upon a pending charge of a\nviolation of a felony under article one hundred twenty or one hundred\ntwenty-five of the penal law and the holder has requested a hearing\npursuant to article one hundred eighty of the criminal procedure law,\nthe court shall conduct such hearing. If upon completion of the hearing,\nthe court fails to find that there is reasonable cause to believe that\nthe holder committed a felony under article one hundred twenty or one\nhundred twenty-five of the penal law and the holder has not been\npreviously convicted of any violation of section eleven hundred\nninety-two of this article within the preceding five years the court\nshall promptly notify the commissioner and direct restoration of such\nlicense to the license holder unless such license is suspended or\nrevoked pursuant to any other provision of this chapter.\n  (2) Bail forfeiture. A license shall be suspended where the holder\nforfeits bail upon a charge of a violation of any subdivision of section\neleven hundred ninety-two of this article. Such suspension shall not be\nterminated until the holder submits to the jurisdiction of the court in\nwhich the bail was forfeited.\n  (3) Permanent disqualification from operating certain motor vehicles.\na.  Except as otherwise provided herein, in addition to any revocation\nset forth in subparagraph four or five of paragraph (b) of this\nsubdivision, any person sentenced pursuant to subparagraph three of\nparagraph (d) of subdivision one of this section shall be permanently\ndisqualified from operating any vehicle set forth in such paragraph. In\naddition, the commissioner shall not issue such person a license valid\nfor the operation of any vehicle set forth therein by such person. The\ncommissioner may waive such disqualification and prohibition\nhereinbefore provided after a period of five years has expired from such\nsentencing provided:\n  (i) that during such five year period such person has not violated any\nof the provisions of section eleven hundred ninety-two of this article\nor any alcohol or drug related traffic offense in this state or in any\njurisdiction outside this state;\n  (ii) that such person provides acceptable documentation to the\ncommissioner that such person is not in need of alcohol or drug\ntreatment or has satisfactorily completed a prescribed course of such\ntreatment; and\n  (iii) after such documentation is accepted, that such person is\ngranted a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law.\n  b. Any person who holds a commercial driver's license and is convicted\nof a violation of any subdivision of section eleven hundred ninety-two\nof this article who has had a prior finding of refusal to submit to a\nchemical test pursuant to section eleven hundred ninety-four of this\narticle or has had a prior conviction of any of the following offenses:\nany violation of section eleven hundred ninety-two of this article; any\nviolation of subdivision one or two of section six hundred of this\nchapter; or has a prior conviction of any felony involving the use of a\nmotor vehicle pursuant to paragraph (a) of subdivision one of section\nfive hundred ten-a of this chapter, shall be permanently disqualified\nfrom operating a commercial motor vehicle. The commissioner may waive\nsuch disqualification and prohibition hereinbefore provided after a\nperiod of ten years has expired from such sentence provided:\n  (i) that during such ten year period such person has not been found to\nhave refused a chemical test pursuant to section eleven hundred\nninety-four of this article while operating a motor vehicle and has not\nbeen convicted of any one of the following offenses while operating a\nmotor vehicle: any violation of section eleven hundred ninety-two of\nthis article; any violation of subdivision one or two of section six\nhundred of this chapter; or has a prior conviction of any felony\ninvolving the use of a motor vehicle pursuant to paragraph (a) of\nsubdivision one of section five hundred ten-a of this chapter;\n  (ii) that such person provides acceptable documentation to the\ncommissioner that such person is not in need of alcohol or drug\ntreatment or has satisfactorily completed a prescribed course of such\ntreatment; and\n  (iii) after such documentation is accepted, that such person is\ngranted a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law.\n  c. Upon a third finding of refusal and/or conviction of any of the\noffenses which require a permanent commercial driver's license\nrevocation, such permanent revocation may not be waived by the\ncommissioner under any circumstances.\n  (4) Youthful offenders. Where a youth is determined to be a youthful\noffender, following a conviction of a violation of section eleven\nhundred ninety-two of this article for which a license suspension or\nrevocation is mandatory, the court shall impose such suspension or\nrevocation as is otherwise required upon conviction and, further, shall\nnotify the commissioner of said suspension or revocation and its finding\nthat said violator is granted youthful offender status as is required\npursuant to section five hundred thirteen of this chapter.\n  (5) Probation. When a license to operate a motor vehicle has been\nrevoked pursuant to this chapter, and the holder has been sentenced to a\nperiod of probation pursuant to section 65.00 of the penal law for a\nviolation of any provision of this chapter, or any other provision of\nthe laws of this state, and a condition of such probation is that the\nholder thereof not operate a motor vehicle or not apply for a license to\noperate a motor vehicle during the period of such condition of\nprobation, the commissioner may not restore such license until the\nperiod of the condition of probation has expired.\n  (6) Application for new license. Where a license has been revoked\npursuant to paragraph (b) of this subdivision, or where the holder is\nsubject to a condition of probation as provided in subparagraph five of\nthis paragraph, application for a new license may be made within\nforty-five days prior to the expiration of such minimum period of\nrevocation or condition of probation, whichever expires last.\n  (7) Suspension pending prosecution; excessive blood alcohol content.\na. Except as provided in clause a-1 of this subparagraph, a court shall\nsuspend a driver's license, pending prosecution, of any person charged\nwith a violation of subdivision two, two-a, three or four-a of section\neleven hundred ninety-two of this article who, at the time of arrest, is\nalleged to have had .08 of one percent or more by weight of alcohol in\nsuch driver's blood as shown by chemical analysis of blood, breath,\nurine or saliva, made pursuant to subdivision two or three of section\neleven hundred ninety-four of this article.\n  a-1. A court shall suspend a class DJ or MJ learner's permit or a\nclass DJ or MJ driver's license, pending prosecution, of any person who\nhas been charged with a violation of subdivision one, two, two-a and/or\nthree of section eleven hundred ninety-two of this article.\n  b. The suspension occurring under clause a of this subparagraph shall\noccur no later than at the conclusion of all proceedings required for\nthe arraignment and the suspension occurring under clause a-1 of this\nsubparagraph shall occur immediately after the holder's first appearance\nbefore the court on the charge which shall, whenever possible, be the\nnext regularly scheduled session of the court after the arrest or at the\nconclusion of all proceedings required for the arraignment; provided,\nhowever, that if the results of any test administered pursuant to\nsection eleven hundred ninety-four of this article are not available\nwithin such time period, the complainant police officer or other public\nservant shall transmit such results to the court at the time they become\navailable, and the court shall, as soon as practicable following the\nreceipt of such results and in compliance with the requirements of this\nsubparagraph, suspend such license. In order for the court to impose\nsuch suspension it must find that the accusatory instrument conforms to\nthe requirements of section 100.40 of the criminal procedure law and\nthere exists reasonable cause to believe either that (a) the holder\noperated a motor vehicle while such holder had .08 of one percent or\nmore by weight of alcohol in his or her blood as was shown by chemical\nanalysis of such person's blood, breath, urine or saliva, made pursuant\nto the provisions of section eleven hundred ninety-four of this article\nor (b) the person was the holder of a class DJ or MJ learner's permit or\na class DJ or MJ driver's license and operated a motor vehicle while\nsuch holder was in violation of subdivision one, two and/or three of\nsection eleven hundred ninety-two of this article. At the time of such\nlicense suspension the holder shall be entitled to an opportunity to\nmake a statement regarding these two issues and to present evidence\ntending to rebut the court's findings.\n  c. Nothing contained in this subparagraph shall be construed to\nprohibit or limit a court from imposing any other suspension pending\nprosecution required or permitted by law.\n  d. Notwithstanding any contrary provision of this chapter, if any\nsuspension occurring under this subparagraph has been in effect for a\nperiod of thirty days, the holder may be issued a conditional license,\nin accordance with section eleven hundred ninety-six of this article,\nprovided the holder of such license is otherwise eligible to receive\nsuch conditional license. A conditional license issued pursuant to this\nsubparagraph shall not be valid for the operation of a commercial motor\nvehicle. The commissioner shall prescribe by regulation the procedures\nfor the issuance of such conditional license.\n  e. If the court finds that the suspension imposed pursuant to this\nsubparagraph will result in extreme hardship, the court must issue such\nsuspension, but may grant a hardship privilege, which shall be issued on\na form prescribed by the commissioner. For the purposes of this clause,\n"extreme hardship" shall mean the inability to obtain alternative means\nof travel to or from the licensee's employment, or to or from necessary\nmedical treatment for the licensee or a member of the licensee's\nhousehold, or if the licensee is a matriculating student enrolled in an\naccredited school, college or university travel to or from such\nlicensee's school, college or university if such travel is necessary for\nthe completion of the educational degree or certificate. The burden of\nproving extreme hardship shall be on the licensee who may present\nmaterial and relevant evidence. A finding of extreme hardship may not be\nbased solely upon the testimony of the licensee. In no event shall\narraignment be adjourned or otherwise delayed more than three business\ndays solely for the purpose of allowing the licensee to present evidence\nof extreme hardship. The court shall set forth upon the record, or\notherwise set forth in writing, the factual basis for such finding. The\nhardship privilege shall permit the operation of a vehicle only for\ntravel to or from the licensee's employment, or to or from necessary\nmedical treatment for the licensee or a member of the licensee's\nhousehold, or if the licensee is a matriculating student enrolled in an\naccredited school, college or university travel to or from such\nlicensee's school, college or university if such travel is necessary for\nthe completion of the educational degree or certificate. A hardship\nprivilege shall not be valid for the operation of a commercial motor\nvehicle.\n  (f) Notice of charges to parent or guardian. Notwithstanding the\nprovisions of subdivision two of section eighteen hundred seven of this\nchapter, upon the first scheduled appearance of any person under\neighteen years of age who resides within the household of his or her\nparent or guardian upon a charge of a violation of subdivision one, two\nand/or three of section eleven hundred ninety-two of this article, the\nlocal criminal court before which such first appearance is scheduled\nshall forthwith transmit written notice of such appearance or failure to\nmake such appearance to the parent or guardian of such minor person;\nprovided, however, that if an arraignment and conviction of such person\nfollows such appearance upon the same day, or in case such person waives\narraignment and enters a plea of guilty to the offense as charged in\naccordance with the provisions of section eighteen hundred five of this\nchapter, transmittal of notice of his or her conviction as provided in\nsection five hundred fourteen of this chapter shall be sufficient and\nthe notice required by this paragraph need not be given; provided\nfurther that the failure of a local criminal court to transmit the\nnotice required by this paragraph shall in no manner affect the validity\nof a conviction subsequently obtained.\n
N.Y. VAT Law § 1126 — New York Code / Act VAT / Title 7 / Article 25 / Section 1126
No-passing zones
Status: in_force

§ 1126. No-passing zones. (a) When official markings are in place\nindicating those portions of any highway where overtaking and passing or\ndriving to the left of such markings would be especially hazardous, no\ndriver of a vehicle proceeding along such highway shall at any time\ndrive on the left side of such markings.\n  (b) The foregoing limitations shall not apply to the driver of a\nvehicle turning left while entering or leaving such highway.\n  (c) Where a two-way left turn lane or a paved and clearly traversible\ndividing section separates the travel lanes for traffic proceeding in\nopposite directions, the foregoing limitation shall not apply to the\ndriver of a vehicle traveling within such lane or section for such\ndistance as is required for safety in preparing to turn left leaving\nsuch highway or in completing a left turn entering such highway.\n
N.Y. VAT Law § 1157 — New York Code / Act VAT / Title 7 / Article 27 / Section 1157
Pedestrians soliciting rides, or business
Status: in_force

§ 1157. Pedestrians soliciting rides, or business.  (a) No person\nshall stand in a roadway for the purpose of soliciting a ride, or to\nsolicit from or sell to an occupant of any vehicle.\n  (b) No person shall stand on or in proximity to a street or highway\nfor the purpose of soliciting the watching or guarding of any vehicle\nwhile parked or about to be parked on a street or highway.\n  (c) No person shall occupy any part of a state highway, except in a\ncity or village, in any manner for the purpose of selling or soliciting.\n
N.Y. ENV Law § 27-0707 — New York Code / Act ENV / Article 27 / Title 7 / Section 27-0707
Permits for new solid waste management facilities
Status: in_force

§ 27-0707. Permits for new solid waste management facilities.\n  1. On and after the effective date of the initial rules and\nregulations of the department promulgated pursuant to subdivision one of\nsection 27-0703, no person shall commence operation, including site\npreparation and construction, of a new solid waste management facility\nuntil such person has obtained a permit pursuant to this title.\n  2. The rules and regulations adopted by the department to implement\nthis article and the provisions of article seventy of this chapter and\nrules and regulations adopted thereunder shall govern permit\napplications, renewals, modifications, suspensions and revocations under\nthis article. The administration of such permit applications shall be in\naccordance with article eight of this chapter. The rules and regulations\nadopted by the department to implement this article shall specify, at a\nminimum:\n  a. that an application for a permit to construct, or to renew a permit\nto operate, a solid waste management facility shall not be complete\nunless the application includes a description of how the proposed\nfacility is consistent with the state solid waste management policy\nidentified under section 27-0106 of this article.\n  b. that on or after April first, nineteen hundred ninety-one an\napplication for a permit to construct a solid waste management facility\nmade by or on behalf of a municipality in a planning unit shall not be\ncomplete until a local solid waste management plan which contains all of\nthe elements set forth in paragraph b of subdivision one of section\n27-0107 of this article is in effect for such municipality; provided,\nhowever, that this requirement may be waived by the commissioner for a\npermit to construct a solid waste management facility designed for the\ntreatment, storage or disposal of sewage sludge and needed  to implement\na project described in subparagraph one of paragraph (c) of subdivision\nthree of section ninety-seven-m of the state finance law that will\nexpedite compliance with the Ocean Dumping Ban Act of 1988.  For any\nsuch permit application submitted by a municipality prior to April\nfirst, nineteen hundred ninety-one, the department shall, upon issuance\nof a permit, require as a permit condition that the municipality or\nplanning unit of which it is a part have in effect a local solid waste\nmanagement plan which contains all of the elements set forth in\nparagraph b of subdivision one of section 27-0107 of this article by a\ndate certain, which shall be no sooner than April first, nineteen\nhundred ninety-one, unless otherwise agreed by the municipality, and\nwhich shall be no later than April first, nineteen hundred ninety-two.\nFor any such permit application submitted on behalf of a municipality\nprior to April first, nineteen hundred ninety-one, the department shall\nrequire as a permit condition that the proposed solid waste management\nfacility shall be prohibited from accepting waste from such municipality\nby a date certain, which shall be no sooner than April first, nineteen\nhundred ninety-one and no later than April first, nineteen hundred\nninety-two, unless such municipality or the planning unit of which it is\na part has in effect a local solid waste management plan which contains\nall of the elements set forth in paragraph b of subdivision one of\nsection 27-0107 of this article. For purposes of this paragraph,\n"planning unit" shall have the same meaning as set forth in subdivision\none of section 27-0107 of this article.\n  c. that a permit will be issued only if:\n  (1) the proposed facility will be in full compliance with the\napplicable rules and regulations in effect on the date of submission of\nthe permit application; and\n  (2) there has been opportunity for public review and comment at\nrelevant stages of the project planning process; and\n  (3) a determination has been made that the proposed facility will not\nresult in unfair competition between municipalities and scrap dealers,\nprocessors and consumers; and\n  (4) the applicant has received or will receive the written opinion of\ncounsel to each muncipality or public authority which has entered into a\ncontract, lease or rental agreement with the proposed facility that such\ncontract, lease or rental agreement is in compliance with the applicable\nrequirements of sections one hundred one, one hundred three and one\nhundred twenty-w of the general municipal law.\n  2-a. No exemption from the permit requirements imposed by this title\nshall be allowed for the establishment of a new solid waste management\nfacility for the disposal of nonputrescible construction and demolition\ndebris when such facility will be used for the deposition of\nconstruction and demolition debris from an offsite source when a fee or\nany other form of consideration is required for the privilege of using\nthe facility for the disposal of construction and demolition debris.\n  2-b. The department of environmental conservation shall not issue a\npermit to construct or a permit to operate a facility in Nassau county\nto process sewage sludge into a pellet-like product unless and until a\nfull environmental review of the proposed facility has been conducted,\nincluding but not limited to full consideration of the impacts such\nfacility may have upon the proximity of schools, churches, hospitals,\nresidences, commercial districts to such facility; ambient air quality,\ntraffic, community character and growth patterns, local aesthetics and\neconomics, and public health and safety in the vicinity of such\nfacility; and unless and until all relevant adverse impacts identified\nthrough the review process have been addressed by the applicant and\navoided as necessary to protect the public health and safety of\nresidents and others residing and/or working in the vicinity of any such\nproposed facility. The department shall conduct a minimum of one public\nhearing in Nassau county, as a part of such full environmental review of\nthe proposed facility.\n  2-c. No permit for a solid waste management facility shall be issued\nfor a facility located on land in agricultural production which is\nlocated within an agricultural district, or land in agricultural\nproduction that qualifies for and is receiving an agricultural\nassessment pursuant to section three hundred six of the agriculture and\nmarkets law. Nothing contained herein, however, shall be deemed to\nprohibit the issuance of such permit after appropriate review by the\ndepartment when:\n  a. the owner of such land has entered into a written agreement which\nshall indicate his consent for site consideration; or\n  b. the applicant for the permit has made a commitment in the permit\napplication to fund a farm land protection conservation easement within\na reasonable proximity to the proposed project in an amount not less\nthan the dollar value of any such farm land purchased; or\n  c. the commissioner of agriculture and markets has made a\ndetermination and the commissioner concurs that the agricultural land to\nbe taken constitutes less than five percent of the project site.\n  For purposes of this subdivision, "solid waste management facility"\nshall have the same meaning as provided in this title, but shall not\ninclude solid waste transfer stations, or land upon which sewage sludge\nis applied, and determinations regarding agricultural district\nboundaries and agricultural assessments will be based on those in effect\nas of the date and initial determination is made, pursuant to article\neight of this chapter, as to whether an environmental impact statement\nneeds to be prepared for the proposed project.\n  3. Where a permit for a solid waste management facility has been\ngranted, the commissioner may upon request make available such\ndepartment personnel and expertise as may be needed to inform the public\nas to the nature of the facility which has been granted a permit, the\nnature of the facility operations authorized by the permit, and the\neffect of the permit conditions, if any, which are imposed in connection\nwith the permit.\n  4. Where the commissioner denies a permit application, he shall\nprovide to the applicant a written statement of the reasons for this\ndetermination.\n  5. Receipt of a permit pursuant to this section shall not relieve any\nperson of the responsibility of constructing such facility in full\ncompliance with any applicable laws, rules or regulations or of\noperating the facility in full compliance with all applicable laws,\nrules and regulations, including rules and regulations of the department\npromulgated pursuant to subdivision one of section 27-0703 and taking\neffect after the date application was made to the department.\n  6. Nothing herein shall relieve any person of the responsibility of\nfully complying with all applicable laws, rules and regulations,\nincluding regulations of the department, promulgated pursuant to\nsubdivision one of section 27-0703, in the operation of a solid waste\nmanagement facility not subject to the department's review under this\nsection.\n  7. Notwithstanding any provision of law or order to the contrary, no\npermit to construct and/or operate a solid waste management facility\nshall be issued for any incinerator for which a permit application was\ndeemed complete by the department before April first, nineteen hundred\neighty-six and for which no such permit was issued by the department\nbefore April first, nineteen hundred ninety-six. For the purpose of this\nsubdivision, the term "incinerator" shall mean an enclosed device using\ncontrolled flame combustion, the primary purpose of which is to\nthermally break down solid, liquid or gaseous wastes, including\nrefuse-derived fuel, producing residue that contains little or no\ncombustible materials.\n
N.Y. PBA Law § 662 — New York Code / Act PBA / Article 3 / Title 7 / Section 662
Agreements of the state
Status: in_force

§ 662. Agreements of the state. 1. The state of New York does pledge\nto and agree with the holders of the notes and bonds that the state will\nnot limit or alter the rights hereby vested in the authority to acquire,\nconstruct, maintain, reconstruct and operate the project, to establish\nand collect charges and tolls and to fulfill the terms of any agreements\nmade with the holders of the notes and bonds, or in any way impair the\nrights and remedies of the note and bondholders, until the notes and\nbonds, together with interest thereon, with interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of the note and bondholders,\nare fully met and discharged.\n  2. The state of New York does covenant and agree with the holders of\nthe notes and bonds that no tunnel, bridge, parkway, causeway, street,\nroad, highway or other connection for vehicular traffic which will be\ncompetitive with the project will be constructed or maintained until the\nnotes and bonds, together with interest thereon, interest on any unpaid\ninstallments of interest and all costs and expenses in connection with\nany action or proceeding by or on behalf of the note and bondholders are\nfully met and discharged; provided that a tunnel, bridge, parkway,\ncauseway, street, road, highway or other connection for vehicular\ntraffic shall be considered as competitive with the project only if it\nshall form a connection for vehicular traffic over, under or across\nReynolds channel west of seventy-three degrees and forty minutes of west\nlongitude.\n
N.Y. EDN Law § 6455 — New York Code / Act EDN / Title 7 / Article 130 / Section 6455
Collegiate science and technology entry program
Status: in_force

§ 6455. Collegiate science and technology entry program. 1. General\nrequirements. The commissioner shall award grants to degree-granting\ninstitutions in New York or to consortia of such institutions to be used\nfor the purpose of increasing access by minority or disadvantaged\nstudents to academic programs that have been registered by the\ncommissioner and that prepare students either for licensure in the\nprofessions or for employment in scientific and technical fields.\n  2. Undergraduate programs.  (a) (i) Undergraduate science and\ntechnology entry program moneys may be used for tutoring, counseling,\nremedial and special summer courses, supplemental financial assistance,\nprogram administration, and other activities which the commissioner may\ndeem appropriate. To be eligible for undergraduate collegiate science\nand technology entry program support, a student must be a resident of\nNew York, or meet the requirements of subparagraph (ii) of this\nparagraph, and must be either economically disadvantaged or from a\nminority group historically under represented in the scientific,\ntechnical, health and health-related professions, and must demonstrate\ninterest in and a potential for a professional career if provided\nspecial services. Eligible students must be in good academic standing,\nenrolled full time in an approved, undergraduate level program of study,\nas defined by the regents.\n  (ii) An applicant who is not a legal resident of New York state, but\nwho is a United States citizen, a permanent lawful resident, an\nindividual who is granted U or T non-immigrant status pursuant to the\nVictims of Trafficking and Violence Protection Act of 2000, a person\ngranted temporary protected status pursuant to the Federal Immigration\nAct of 1990, an individual of a class of refugees paroled by the\nattorney general of the United States under his or her parole authority\npertaining to the admission of noncitizens to the United States, or an\napplicant without lawful immigration status, shall be eligible for an\naward at the undergraduate level of study provided that the student:\n  (1) attended a registered New York state high school for two or more\nyears, graduated from a registered New York state high school and\napplied for attendance at the institution of higher education for the\nundergraduate study for which an award is sought within five years of\nreceiving a New York state high school diploma; or\n  (2) attended an approved New York state program for a state high\nschool equivalency diploma, received a state high school equivalency\ndiploma and applied for attendance at the institution of higher\neducation for the undergraduate study for which an award is sought\nwithin five years of receiving a state high school equivalency diploma;\nor\n  (3) is otherwise eligible for the payment of tuition and fees at a\nrate no greater than that imposed for resident students of the state\nuniversity of New York, the city university of New York or community\ncolleges as prescribed in subparagraph eight of paragraph h of\nsubdivision two of section three hundred fifty-five or paragraph (a) of\nsubdivision seven of section sixty-two hundred six of this chapter.\n  Provided, further, that a student without lawful immigration status\nshall also be required to file an affidavit with such institution of\nhigher education stating that the student has filed an application to\nlegalize his or her immigration status, or will file such an application\nas soon as he or she is eligible to do so.\n  (b) Applications for funding shall be submitted by eligible\ninstitutions to the department in accordance with requirements\nestablished by the commissioner. Priority consideration shall be given\nto institutions which coordinate their efforts to increase minority\naccess with similar activities for programs at the secondary level in\naccordance with this section. Grants shall be awarded based on criteria\nestablished by the commissioner.\n  3. Graduate programs.  (a) (i) Graduate science and technology entry\nprogram moneys may be used for recruitment, academic enrichment, career\nplanning, supplemental financial assistance, review for licensing\nexaminations, program administration, and other activities which the\ncommissioner may deem appropriate. To be eligible for graduate\ncollegiate science and technology entry program support, a student must\nbe a resident of New York, or meet the requirements of subparagraph (ii)\nof this paragraph, and must be either economically disadvantaged or from\na minority group historically underrepresented in the scientific,\ntechnical and health-related professions. Eligible students must be in\ngood academic standing, enrolled full time in an approved graduate level\nprogram, as defined by the regents.\n  (ii) An applicant who is not a legal resident of New York state, but\neither is a United States citizen, a permanent lawful resident, an\nindividual who is granted U or T non-immigrant status pursuant to the\nVictims of Trafficking and Violence Protection Act of 2000, a person\ngranted temporary protected status pursuant to the Federal Immigration\nAct of 1990, an individual of a class of refugees paroled by the\nattorney general of the United States under his or her parole authority\npertaining to the admission of noncitizens to the United States, or an\napplicant without lawful immigration status shall be eligible for an\naward at the graduate level of study provided that the student:\n  (1) attended a registered approved New York state high school for two\nor more years, graduated from a registered New York state high school\nand applied for attendance at the institution of higher education for\nthe graduate study for which an award is sought within ten years of\nreceiving a New York state high school diploma; or\n  (2) attended an approved New York state program for a state high\nschool equivalency diploma, received a state high school equivalency\ndiploma and applied for attendance at the institution of higher\neducation for the graduate study for which an award is sought within ten\nyears of receiving a state high school equivalency diploma; or\n  (3) is otherwise eligible for the payment of tuition and fees at a\nrate no greater than that imposed for resident students of the state\nuniversity of New York, the city university of New York or community\ncolleges as prescribed in subparagraph eight of paragraph h of\nsubdivision two of section three hundred fifty-five or paragraph (a) of\nsubdivision seven of section sixty-two hundred six of this chapter.\n  Provided, further, that a student without lawful immigration status\nshall also be required to file an affidavit with such institution of\nhigher education stating that the student has filed an application to\nlegalize his or her immigration status, or will file such an application\nas soon as he or she is eligible to do so.\n  (b) Applications for funding shall be made by eligible institutions in\naccordance with requirements established by the commissioner. Grants\nshall be awarded based on criteria established by the commissioner.\nPriority consideration shall be given to institutions which coordinate\ntheir efforts to increase minority access with similar activities at the\nundergraduate level.\n  4. Reporting requirements. Institutions participating in the science\nand technology entry program shall submit to the commissioner such\nreports or other information as he shall require. The commissioner shall\nprepare for the board of regents an annual report of the activities of\ninstitutions which receive state funds pursuant to this section\nconcerning, but not limited to, the effectiveness of the programs, the\nnumbers of students served, and future plans.\n
N.Y. VAT Law § 1214 — New York Code / Act VAT / Title 7 / Article 33 / Section 1214
Opening and closing vehicle doors
Status: in_force

§ 1214. Opening and closing vehicle doors. No person shall open the\ndoor of a motor vehicle on the side available to moving traffic unless\nand until it is reasonably safe to do so, and can be done without\ninterfering with the movement of other traffic, nor shall any person\nleave a door open on the side of a vehicle available to moving traffic\nfor a period of time longer than necessary to load or unload passengers.\n
N.Y. LAB Law § 593 — New York Code / Act LAB / Article 18 / Title 7 / Section 593
Disqualification for benefits
Status: in_force

§ 593. Disqualification for benefits. 1. Voluntary separation;\nseparation for a compelling family reason.  (a) No weeks of total\nunemployment or partial unemployment shall be deemed to occur after a\nclaimant's voluntary separation without good cause from employment until\nhe or she has subsequently worked in employment and earned remuneration\nat least equal to ten times his or her weekly benefit rate. In addition\nto other circumstances that may be found to constitute good cause,\nincluding a compelling family reason as set forth in paragraph (b) of\nthis subdivision, voluntary separation from employment shall not in\nitself disqualify a claimant if circumstances have developed in the\ncourse of such employment that would have justified the claimant in\nrefusing such employment in the first instance under the terms of\nsubdivision two of this section or if the claimant, pursuant to an\noption provided under a collective bargaining agreement or written\nemployer plan which permits waiver of his or her right to retain the\nemployment when there is a temporary layoff because of lack of work, has\nelected to be separated for a temporary period and the employer has\nconsented thereto.\n  (b) A claimant shall not be disqualified from receiving benefits for\nseparation from employment due to any compelling family reason. For\npurposes of this paragraph, the term "compelling family reason" shall\ninclude, but not be limited to, separations related to any of the\nfollowing:\n  (i) domestic violence, verified by reasonable and confidential\ndocumentation which causes the individual reasonably to believe that\nsuch individual's continued employment would jeopardize his or her\nsafety or the safety of any member of his or her immediate family.\n  (ii) the illness or disability of a member of the individual's\nimmediate family. For the purposes of this subparagraph:\n  (A) The term "illness" means a verified illness which necessitates the\ncare of the ill person for a period of time longer than the employer is\nwilling to grant leave (paid or otherwise).\n  (B) The term "disability" means a verified disability which\nnecessitates the care of the disabled person for a period of time longer\nthan the employer is willing to grant leave (paid or otherwise).\n"Disability" encompasses all types of disability, including: (1) mental\nand physical disability; (2) permanent and temporary disabilities; and\n(3) partial and total disabilities.\n  (iii) the need for the individual to accompany such individual's\nspouse (A) to a place from which it is impractical for such individual\nto commute and (B) due to a change in location of the spouse's\nemployment.\n  * (iv) where the spouse of the individual is a member of the armed\nforces of the United States, the need for the individual to accompany\nsuch individual's spouse (A) to a place from which it is impractical for\nsuch individual to commute and (B) due to a change in location as a\nresult of a military transfer of the spouse.\n  * NB There are 2 sbpar (iv)'s\n  * (iv) the need for the individual to provide child care to the\nindividual's child if such individual has made reasonable efforts to\nsecure alternative child care.\n  * NB There are 2 sbpar (iv)'s\n  (c) A disqualification as provided in this subdivision shall also\napply after a claimant's voluntary separation from employment if such\nvoluntary separation was due to claimant's marriage.\n  2. Refusal of employment.  No weeks of total unemployment or partial\nunemployment shall be deemed to occur beginning with the week in which a\nclaimant, without good cause, refuses to accept an offer of employment\nfor which he or she is reasonably fitted by training and experience,\nincluding employment not subject to this article, until he or she has\nsubsequently worked in employment and earned remuneration at least equal\nto ten times his or her weekly benefit rate. Except that claimants who\nare not subject to a recall date or who do not obtain employment through\na union hiring hall and who are still unemployed after receiving ten\nweeks of benefits shall be required to accept any employment proffered\nthat such claimants are capable of performing, provided that such\nemployment would result in a wage not less than eighty percent of such\nclaimant's high calendar quarter wages received in the base period and\nnot substantially less than the prevailing wage for similar work in the\nlocality as provided for in paragraph (d) of this subdivision. No\nrefusal to accept employment shall be deemed without good cause nor\nshall it disqualify any claimant otherwise eligible to receive benefits\nif:\n  (a) a refusal to accept employment which would interfere with a\nclaimant's right to join or retain membership in any labor organization\nor otherwise interfere with or violate the terms of a collective\nbargaining agreement shall be with good cause;\n  (b) there is a strike, lockout, or other industrial controversy in the\nestablishment in which the employment is offered; or\n  (c) the employment is at an unreasonable distance from his residence,\nor travel to and from the place of employment involves expense\nsubstantially greater than that required in his former employment unless\nthe expense be provided for; or\n  (d) the wages or compensation or hours or conditions offered are\nsubstantially less favorable to the claimant than those prevailing for\nsimilar work in the locality, or are such as tend to depress wages or\nworking conditions; or\n  (e) the claimant is seeking part-time work as provided in subdivision\nfive of section five hundred ninety-six of this title and the offer of\nemployment is not comparable to his or her part-time work as defined in\nsuch subdivision.\n  3. Misconduct. No weeks of total unemployment or partial unemployment\nshall be deemed to occur after a claimant lost employment through\nmisconduct in connection with his or her employment until he or she has\nsubsequently worked in employment and earned remuneration at least equal\nto ten times his or her weekly benefit rate.\n  4. Criminal acts. No weeks of total unemployment or partial\nunemployment shall be deemed to occur during a period of twelve months\nafter a claimant loses employment as a result of an act constituting a\nfelony in connection with such employment, provided the claimant is duly\nconvicted thereof or has signed a statement admitting that he or she has\ncommitted such an act. Determinations regarding a benefit claim may be\nreviewed at any time. Any benefits paid to a claimant prior to a\ndetermination that the claimant has lost employment as a result of such\nact shall not be considered to have been accepted by the claimant in\ngood faith. In addition, remuneration paid to the claimant by the\naffected employer prior to the claimant's loss of employment due to such\ncriminal act may not be utilized for the purpose of establishing\nentitlement to a subsequent, valid original claim. The provisions of\nthis subdivision shall apply even if the employment lost as a result of\nsuch act is not the claimant's last employment prior to the filing of\nhis or her claim.\n  5. Terms of disqualification. A disqualification pursuant to the\nprovisions of this section shall not be confined to a single benefit\nyear.\n  6. Determinations and hearings. The commissioner shall issue a\ndetermination for any protest that is filed by any base period employer\nwithin the time specified in the notification of potential charges based\non voluntary separations or misconduct. An employer or claimant may\nrequest a hearing of such determination pursuant to section six hundred\ntwenty of this article.\n
N.Y. EDN Law § 6456 — New York Code / Act EDN / Title 7 / Article 130 / Section 6456
Foster youth college success initiative
Status: in_force

§ 6456. Foster youth college success initiative. 1. Subject to an\nappropriation, the commissioner shall allocate the funds available for\nthe foster youth college success initiative for the purpose of providing\nsupport services to assist youth in foster care to apply for, enroll in,\nand succeed in college. Such grants shall be awarded to institutions of\nthe state university of New York and institutions of the city university\nof New York, and the commissioner shall enter into contracts with\ndegree-granting institutions in New York that are currently funded by\nthe Arthur O. Eve higher education opportunity program pursuant to\nsection sixty-four hundred fifty-one of this article for the purpose of\nproviding additional services and expenses to expand opportunities for\nfoster youth.\n  2. For the purposes of this section, "foster youth" shall mean\nstudents who (i) are an orphan or (ii) are, or have been, either a child\nor youth in foster care as such term is defined in section thirty-two\nhundred forty-four of this chapter or ward of the court at any time\nafter their thirteenth birthday.\n  3. a. Funds appropriated in the two thousand fifteen--two thousand\nsixteen academic year for the purposes of this initiative shall be\nallocated by sector as follows: fifty-two percent for institutions in\nthe state university of New York; thirty percent for institutions in the\ncity university of New York; and eighteen percent for other\ndegree-granting institutions in New York with current Arthur O. Eve\nhigher education opportunity programs.\n  b. Funds appropriated in the two thousand sixteen--two thousand\nseventeen academic year and thereafter for the purposes of this\ninitiative shall be allocated by sector based on the percentage of\nfoster youth identified by each institution that will be served by this\ninitiative in the following academic year, in applications received by\nthe commissioner pursuant to subdivision six of this section, provided\nhowever that the award per student for foster youth first served in the\ntwo thousand fifteen--two thousand sixteen academic year shall be no\nless than the amount per student awarded for those students in the two\nthousand fifteen--two thousand sixteen academic year.\n  4. Funds for all programs under this section shall be awarded in equal\namounts per foster youth to each institution that applies for funding\nallocated to its sector distribution as provided in subdivision three of\nthis section and has an application that is approved by the\ncommissioner; provided, however, funds shall be awarded to a foster\nyouth based on his or her need as determined by the institution of\nhigher education where such foster youth is in attendance.\n  5. Moneys made available to institutions under this section shall be\nspent for the following purposes:\n  a. to provide additional services and expenses to expand opportunities\nthrough existing postsecondary opportunity programs at the state\nuniversity of New York, the city university of New York, and other\ndegree-granting higher education institutions for foster youth;\n  b. to provide any necessary supplemental financial aid for foster\nyouth, which may include the cost of tuition and fees, books,\ntransportation, housing and other expenses as determined by the\ncommissioner to be necessary for such foster youth to attend college;\n  c. summer college preparation programs to help foster youth transition\nto college, prepare them to navigate on-campus systems, and provide\npreparation in reading, writing, and mathematics for foster youth who\nneed it;\n  d. advisement, tutoring, and academic assistance for foster youth;\n  e. to provide supplemental housing and meals, including but not\nlimited to during intersession and summer breaks, for foster youth; or\n  f. medical expenses including, but not limited to, primary care,\nbehavioral health, vision and dental care which is not otherwise covered\nby an eligible student's health plan.\n  6. Eligible institutions shall file an application for approval by the\ncommissioner each year demonstrating a need for such funding, including\nhow the funding would be used and how many foster youth would be\nassisted with such funding. Successful applicants will be funded as\nprovided in subdivision four of this section.\n  7. No funds pursuant to this section shall be made available to\nsupport the regular academic programs of any institution participating\nin this program, nor shall funds be provided for programs which are\nincompatible with the regents plan for the expansion and development of\nhigher education in this state.\n
N.Y. PBH Law § 3385 — New York Code / Act PBH / Article 33 / Title 7 / Section 3385
Enforcement
Status: in_force

§ 3385. Enforcement.  1. (a) The department and its representatives\nshall have access during business hours to all orders, prescriptions or\nrecords required to be kept under this article.\n  (b) Orders, prescriptions and records required to be kept under this\narticle shall be maintained at the premises where the licensed activity\nis conducted.\n  2. For the purposes of enforcing the provisions of this article, each\nemployee of the department designated by the commissioner shall possess\nall of the powers of a peace officer as set forth in section 2.20 of the\ncriminal procedure law.\n
N.Y. VAT Law § 1180-B — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-B
Owner liability for failure of operator to comply with certain posted maximum speed limits
Status: in_force

* § 1180-b. Owner liability for failure of operator to comply with\ncertain posted maximum speed limits. (a) 1. Notwithstanding any other\nprovision of law, the city of New York is hereby authorized to establish\na demonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with posted maximum\nspeed limits in a school speed zone within such city when a school speed\nlimit is in effect as provided in paragraphs one and two of subdivision\n(c) of section eleven hundred eighty of this article or when other speed\nlimits are in effect as provided in subdivision (b), (d), (f) or (g) of\nsection eleven hundred eighty of this article. Such demonstration\nprogram shall empower the city of New York to install photo speed\nviolation monitoring systems within no more than seven hundred fifty\nschool speed zones within such city at any one time and to operate such\nsystems within such zones when a school speed limit is in effect as\nprovided in paragraphs one and two of subdivision (c) of section eleven\nhundred eighty of this article or when other speed limits are in effect\nas provided in subdivision (b), (d), (f) or (g) of section eleven\nhundred eighty of this article. In selecting a school speed zone in\nwhich to install and operate a photo speed violation monitoring system,\nthe city of New York shall consider criteria including, but not limited\nto, the speed data, crash history, and the roadway geometry applicable\nto such school speed zone. Such city shall prioritize the placement of\nphoto speed violation monitoring systems in school speed zones based\nupon speed data or the crash history of a school speed zone. A photo\nspeed violation monitoring system shall not be installed or operated on\na controlled-access highway exit ramp or within three hundred feet along\na highway that continues from the end of a controlled-access highway\nexit ramp.\n  2. No photo speed violation monitoring system shall be used in a\nschool speed zone unless (i) on the day it is to be used it has\nsuccessfully passed a self-test of its functions; and (ii) it has\nundergone an annual calibration check performed pursuant to paragraph\nfour of this subdivision. The city shall install signs bearing the words\n"photo enforced" below speed limit signs giving written notice to\napproaching motor vehicle operators that a photo speed violation\nmonitoring system is in use, in conformance with standards established\nin the MUTCD, and shall modify existing signage to reflect such written\nnotice in the regular course of maintenance.\n  3. Operators of photo speed violation monitoring systems shall have\ncompleted training in the procedures for setting up, testing, and\noperating such systems. Each such operator shall complete and sign a\ndaily set-up log for each such system that he or she operates that (i)\nstates the date and time when, and the location where, the system was\nset up that day, and (ii) states that such operator successfully\nperformed, and the system passed, the self-tests of such system before\nproducing a recorded image that day. The city shall retain each such\ndaily log until the later of the date on which the photo speed violation\nmonitoring system to which it applies has been permanently removed from\nuse or the final resolution of all cases involving notices of liability\nissued based on photographs, microphotographs, video or other recorded\nimages produced by such system.\n  4. Each photo speed violation monitoring system shall undergo an\nannual calibration check performed by an independent calibration\nlaboratory which shall issue a signed certificate of calibration. The\ncity shall keep each such annual certificate of calibration on file\nuntil the final resolution of all cases involving a notice of liability\nissued during such year which were based on photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring system.\n  5. (i) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring systems shall not include images that\nidentify the driver, the passengers, or the contents of the vehicle.\nProvided, however, that no notice of liability issued pursuant to this\nsection shall be dismissed solely because such a photograph,\nmicrophotograph, videotape or other recorded image allows for the\nidentification of the driver, the passengers, or the contents of\nvehicles where the city shows that it made reasonable efforts to comply\nwith the provisions of this paragraph in such case.\n  (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a photo speed violation monitoring system shall be for the\nexclusive use of the city for the purpose of the adjudication of\nliability imposed pursuant to this section and of the owner receiving a\nnotice of liability pursuant to this section, and shall be destroyed by\nthe city upon the final resolution of the notice of liability to which\nsuch photographs, microphotographs, videotape or other recorded images\nrelate, or one year following the date of issuance of such notice of\nliability, whichever is later. Notwithstanding the provisions of any\nother law, rule or regulation to the contrary, photographs,\nmicrophotographs, videotape or any other recorded image from a photo\nspeed violation monitoring system shall not be open to the public, nor\nsubject to civil or criminal process or discovery, nor used by any court\nor administrative or adjudicatory body in any action or proceeding\ntherein except that which is necessary for the adjudication of a notice\nof liability issued pursuant to this section, and no public entity or\nemployee, officer or agent thereof shall disclose such information,\nexcept that such photographs, microphotographs, videotape or any other\nrecorded images from such systems:\n  (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n  (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n  (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n  (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n  (b) If the city of New York establishes a demonstration program\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, within a school speed zone in violation of subdivision (c)\nor during the times authorized pursuant to subdivision (a) of this\nsection in violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this article, such vehicle was traveling at a\nspeed of more than ten miles per hour above the posted speed limit in\neffect within such school speed zone, and such violation is evidenced by\ninformation obtained from a photo speed violation monitoring system;\nprovided however that no owner of a vehicle shall be liable for a\npenalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n  1. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter;\n  2. "owner" shall have the meaning provided in article two-B of this\nchapter.\n  3. "photo speed violation monitoring system" shall mean a vehicle\nsensor installed to work in conjunction with a speed measuring device\nwhich automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in a school speed zone in violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this article in accordance with the provisions of this\nsection; and\n  4. "school speed zone" shall mean a radial distance not to exceed one\nthousand three hundred twenty feet from a school building, entrance, or\nexit.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of New York, or a facsimile thereof, based upon inspection of\nphotographs, microphotographs, videotape or other recorded images\nproduced by a photo speed violation monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall include at least two date and time stamped images of the\nrear of the motor vehicle that include the same stationary object near\nthe motor vehicle and shall be available for inspection reasonably in\nadvance of and at any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n  (e) An owner liable for a violation of subdivision (b), (c), (d), (f)\nor (g) of section eleven hundred eighty of this article pursuant to a\ndemonstration program established pursuant to this section shall be\nliable for monetary penalties in accordance with a schedule of fines and\npenalties to be promulgated by the parking violations bureau of the city\nof New York. The liability of the owner pursuant to this section shall\nnot exceed fifty dollars for each violation; provided, however, that\nsuch parking violations bureau may provide for an additional penalty not\nin excess of twenty-five dollars for each violation for the failure to\nrespond to a notice of liability within the prescribed time period.\n  (f) An imposition of liability under the demonstration program\nestablished pursuant to this section shall not be deemed a conviction as\nan operator and shall not be made part of the operating record of the\nperson upon whom such liability is imposed nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, within fourteen business days if such\nowner is a resident of this state and within forty-five business days if\nsuch owner is a non-resident. Personal delivery on the owner shall not\nbe required. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the facts\ncontained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, the registration number of the vehicle\ninvolved in such violation, the location where such violation took\nplace, the date and time of such violation, the identification number of\nthe camera which recorded the violation or other document locator\nnumber, at least two date and time stamped images of the rear of the\nmotor vehicle that include the same stationary object near the motor\nvehicle, and the certificate charging the liability.\n  ** 3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a prominent warning to advise the person charged that failure to\ncontest in the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  * NB Effective until May 26, 2027\n  ** 3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which they may contest the\nliability alleged in the notice. Such notice of liability shall also\ncontain a prominent warning to advise the person charged that failure to\ncontest in the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon, and a\nprominent warning to advise the person charged that following entry of a\nfinal decision or decisions in response to sixteen notices of liability\nissued within a period of twelve months imposing monetary liability upon\nsuch person as an owner for failure of an operator thereof to comply\nwith posted maximum speed limits in a school speed zone within such city\nwhen a school speed limit is in effect as provided in paragraphs one and\ntwo of subdivision (c) of section eleven hundred eighty of this chapter\nor when other speed limits are in effect as provided in subdivision (b),\n(d), (f) or (g) of section eleven hundred eighty of this chapter through\nthe installation and operation of photo speed violation-monitoring\nsystems in accordance with article thirty of this chapter within such\ncity, such person shall be required to install and maintain an\nintelligent speed assistance device on such motor vehicle owned by such\nperson for the relevant installation period, and the approximate cost to\nthe owner of installing, maintaining, and removing such device.\n  ** NB Effective May 26, 2027\n  4. The notice of liability shall be prepared and mailed by the city of\nNew York, or by any other entity authorized by the city to prepare and\nmail such notice of liability.\n  (h) Adjudication of the liability imposed upon owners of this section\nshall be by the New York city parking violations bureau.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle or the number plate\nor plates of such vehicle was reported to the police department as\nhaving been stolen, it shall be a valid defense to an allegation of\nliability for a violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this article pursuant to this section\nthat the vehicle or the number plate or plates of such vehicle had been\nreported to the police as stolen prior to the time the violation\noccurred and had not been recovered by such time. For purposes of\nasserting the defense provided by this subdivision, it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle or number plate or plates of such vehicle be sent by first class\nmail to the New York city parking violations bureau, or by any other\nentity authorized by the city to prepare and mail such notice of\nliability.\n  (j) Adjudication of the liability imposed upon owners of this section\nshall be by the New York city parking violations bureau.\n  (k) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (b), (c), (d), (f) or (g)\nof section eleven hundred eighty of this article pursuant to this\nsection, provided that:\n  (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n  (ii) within thirty-seven days after receiving notice from such bureau\nof the date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to\nsuch bureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by such\nbureau pursuant to regulations that may be promulgated for such purpose.\n  2. Failure to comply with subparagraph (ii) of paragraph (a) of this\nsubdivision shall render the owner liable for the penalty prescribed in\nthis section.\n  3. Where the lessor complies with the provisions of paragraph (a) of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision nine of this section.\n  (l) 1. If the owner liable for a violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article pursuant to this\nsection was not the operator of the vehicle at the time of the\nviolation, the owner may maintain an action for indemnification against\nthe operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator operated such\nvehicle in violation of subdivision (b), (c), (d), (f) or (g) of section\neleven hundred eighty of this article. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time of such\noperator operated such vehicle in violation of subdivision (b), (c),\n(d), (f) or (g) of section eleven hundred eighty of this article.\n  (m) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article.\n  (n) If the city adopts a demonstration program pursuant to subdivision\n(a) of this section it shall conduct a study and submit an annual report\non the results of the use of photo devices to the governor, the\ntemporary president of the senate and the speaker of the assembly on or\nbefore June first, two thousand twenty and on the same date in each\nsucceeding year in which the demonstration program is operable. Such\nreport shall include:\n  1. the locations where and dates when photo speed violation monitoring\nsystems were used;\n  2. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within all school speed zones\nwithin the city, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  3. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within school speed zones where\nphoto speed violation monitoring systems were used, to the extent the\ninformation is maintained by the department of motor vehicles of this\nstate;\n  4. the number of violations recorded within all school speed zones\nwithin the city, in the aggregate on a daily, weekly and monthly basis;\n  5. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used, in the\naggregate on a daily, weekly and monthly basis;\n  6. the number of violations recorded within all school speed zones\nwithin the city that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  7. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  8. the total number of notices of liability issued for violations\nrecorded by such systems;\n  9. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems;\n  10. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems;\n  11. the total amount of revenue realized by the city in connection\nwith the program;\n  12. the expenses incurred by the city in connection with the program;\n  13. the quality of the adjudication process and its results;\n  14. the total amount of revenue expended on traffic and pedestrian\nsafety within the city of New York; and\n  15. the effectiveness and adequacy of the hours of operation for such\nprogram to determine the impact on speeding violations and prevention of\ncrashes.\n  (o) It shall be a defense to any prosecution for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this article pursuant to this section that such photo speed violation\nmonitoring system was malfunctioning at the time of the alleged\nviolation.\n  * NB Repealed July 1, 2030\n
N.Y. VAT Law § 1260 — New York Code / Act VAT / Title 7 / Article 34-B / Section 1260
Effect of regulations
Status: in_force

§ 1260. Effect of regulations. (a) The parent of any child and the\nguardian of any ward shall not authorize or knowingly permit any such\nchild or ward to violate any of the provisions of this article.\n  (b) These regulations applicable to horses shall apply whenever a\nhorse is ridden or led upon any highway and upon private roads open to\npublic motor vehicle traffic.\n
N.Y. VAT Law § 1111-C-1 — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-C-1
Owner liability for failure of operator to comply with bus operation-related traffic regulations
Status: in_force

* § 1111-c-1. Owner liability for failure of operator to comply with\nbus operation-related traffic regulations. (a) 1. Notwithstanding any\nother provision of law, the city of New York is hereby authorized and\nempowered to establish a demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with bus operation-related traffic regulations, in accordance\nwith the provisions of this section. The New York city department of\ntransportation and/or applicable mass transit agency, for purposes of\nthe implementation of such program, shall operate bus operation-related\nphoto devices that may be stationary or mobile and shall be activated at\nlocations determined by such department of transportation and/or on\nbuses selected by such department of transportation in consultation with\nthe applicable mass transit agency.\n  2. Any photographs, microphotographs, videotape or other recorded\nimages captured by bus operation-related photo devices shall be\ninadmissible in any disciplinary proceeding convened by the applicable\nmass transit agency or any subsidiary thereof and any proceeding\ninitiated by the department involving licensure privileges of bus\noperators. Any mobile bus operation-related photo device mounted on a\nbus shall be directed outwardly from such bus to capture images of\nvehicles operated in violation of bus operation-related traffic\nregulations, and images produced by such device shall not be used for\nany other purpose in the absence of a court order requiring such images\nto be produced.\n  3. (i) The city of New York shall adopt and enforce measures to\nprotect the privacy of drivers, passengers, pedestrians and cyclists\nwhose identity and identifying information may be captured by a bus\noperation-related photo device. Such measures shall include:\n  (A) utilization of necessary technologies to ensure, to the extent\npracticable, that photographs, microphotographs, videotape or other\nrecorded images produced by such bus operation-related photo devices\nshall not include images that identify the driver, the passengers, or\nthe contents of the vehicle. Provided, however, that no notice of\nliability issued pursuant to this section shall be dismissed solely\nbecause such a photograph, microphotograph, videotape or other recorded\nimage allows for the identification of the driver, the passengers, or\nthe contents of a vehicle where the city shows that it made reasonable\nefforts to comply with the provisions of this paragraph in such case;\n  (B) the installation of signage that is clearly visible to drivers at\nregular intervals along and adjacent to roadways upon which mobile\nand/or stationary bus operation-related photo devices are operated\npursuant to a demonstration program authorized pursuant to this section\nstating that mobile and/or stationary bus operation-related photo\ndevices are used to enforce bus operation-related traffic regulations,\nin conformance with standards established in the MUTCD; and\n  (C) oversight procedures to ensure compliance with the privacy\nprotection measures under this subdivision.\n  (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a bus operation-related photo device shall be for the\nexclusive use of the city of New York for the purpose of the\nadjudication of liability imposed pursuant to this section and of the\nowner receiving a notice of liability pursuant to this section, and\nshall be destroyed by such city upon the final resolution of the notice\nof liability to which such photographs, microphotographs, videotape or\nother recorded images relate, or one year following the date of issuance\nof such notice of liability, whichever is later. Notwithstanding the\nprovisions of any other law, rule or regulation to the contrary,\nphotographs, microphotographs, videotape or any other recorded image\nfrom a bus operation-related photo device shall not be open to the\npublic, nor subject to civil or criminal process or discovery, nor used\nby any court or administrative or adjudicatory body in any action or\nproceeding therein except that which is necessary for the adjudication\nof a notice of liability issued pursuant to this section, and no public\nentity or employee, officer or agent thereof shall disclose such\ninformation, except that such photographs, microphotographs, videotape\nor any other recorded images from such systems:\n  (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n  (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n  (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n  (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n  (iii) The demonstration program authorized pursuant to this section is\nprohibited from utilizing and from arranging for the utilization of\nbiometric identifying technology, including but not limited to facial\nrecognition technology, for any purpose. The use, and the arrangement\nfor the use, of biometric identifying technology, including but not\nlimited to facial recognition technology, on photographs,\nmicrophotographs, videotape, or any other recorded image or data\nproduced by a bus operation-related photo device, by any person for any\npurpose, are prohibited. For purposes of this subparagraph, "person"\nshall include, but not be limited to, a human being, a public or private\ncorporation, an unincorporated association, a partnership, a government\nor a governmental instrumentality, a court or an administrative or\nadjudicatory body, and any employee, officer, and agent of the\nforegoing.\n  (iv) Any applicable mass transit agency operating bus\noperation-related photo devices shall be prohibited from accessing any\nphotographs, microphotographs, videotapes, other recorded images or data\nfrom bus operation-related photo devices but shall provide, pursuant to\nan agreement with the city of New York, for the proper handling and\ncustody of such photographs, microphotographs, videotapes, other\nrecorded images and data produced by such systems, and for the\nforwarding of such photographs, microphotographs, videotapes, other\nrecorded images and data to such city for the purpose of determining\nwhether a motor vehicle was operated in violation of bus\noperation-related traffic regulations and imposing monetary liability on\nthe owner of such motor vehicle therefor.\n  (v) Every bus upon which a mobile bus operation-related photo device\nis installed and operated pursuant to a demonstration program authorized\npursuant to this section shall be equipped with signs, placards or other\ndisplays giving notice to approaching motor vehicle operators that bus\noperation-related photo devices are used to enforce bus\noperation-related traffic regulations.\n  (b) Warning notices of violation shall be issued during the first\nsixty days that bus operation-related photo devices pursuant to a\ndemonstration program authorized by this section are active and in\noperation.\n  (c) If the city of New York has established a demonstration program\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of any bus operation-related traffic\nregulations and such violation is evidenced by information obtained from\na bus operation-related photo device; provided however that no owner of\na vehicle shall be liable for a penalty imposed pursuant to this section\nwhere the operator of such vehicle has been convicted of the underlying\nviolation of such bus operation-related traffic regulation.\n  (d) For purposes of this section the following terms shall have the\nfollowing meanings:\n  1. "owner" shall have the meaning provided in article two-B of this\nchapter.\n  2. "bus operation-related photo device" shall mean a device that is\ncapable of operating independently of an enforcement officer and\nproduces one or more images of each vehicle at the time it is in\nviolation of a bus operation-related traffic regulation.\n  3. "bus operation-related traffic regulations" shall mean the\nfollowing provisions set forth in chapter four of title thirty-four of\nthe rules of the city of New York, adopted pursuant to section sixteen\nhundred forty-two of this chapter: 4-08(c)(3), violation of posted no\nstanding rules prohibited-bus stop; 4-08(e)(9), general no stopping\nzones-bicycle lanes; 4-08(f)(1), general no standing zones-double\nparking; and 4-08(f)(4), general no standing zones-bus lane.\n  4. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter.\n  5. "biometric identifying technology" shall mean any tool using an\nautomated or semi-automated process that assists in verifying a person's\nidentity based on a person's biometric information.\n  6. "biometric information" shall mean any measurable physical,\nphysiological or behavioral characteristics that are attributable to a\nperson, including but not limited to facial characteristics, fingerprint\ncharacteristics, hand characteristics, eye characteristics, vocal\ncharacteristics, and any other characteristics that can be used to\nidentify a person including, but not limited to: fingerprints;\nhandprints; retina and iris patterns; DNA sequence; voice; gait; and\nfacial geometry.\n  7. "facial recognition" shall mean any tool using an automated or\nsemi-automated process that assists in uniquely identifying or verifying\na person by comparing and analyzing patterns based on the person's face.\n  (e) A certificate, sworn to or affirmed by a technician employed by\nthe city of New York in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a bus\noperation-related photo device, shall be prima facie evidence of the\nfacts contained therein. Any photographs, microphotographs, videotape or\nother recorded images evidencing such a violation shall be available for\ninspection in any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n  (f) An owner liable for a violation of a bus operation-related traffic\nregulation pursuant to a demonstration program established pursuant to\nthis section shall be liable for monetary penalties in accordance with a\nschedule of fines and penalties to be promulgated by the parking\nviolations bureau of the city of New York. The liability of the owner\npursuant to this section shall not exceed fifty dollars for a first\nviolation, one hundred dollars for a second violation within a\ntwelve-month period, one hundred fifty dollars for a third violation\nwithin a twelve-month period, two hundred dollars for a fourth violation\nwithin a twelve-month period, and two hundred fifty dollars for each\nsubsequent violation within a twelve-month period; provided, however,\nthat an owner shall be liable for an additional penalty not to exceed\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n  (g) An imposition of liability under the demonstration program\nestablished pursuant to this section shall not be deemed a conviction of\nan operator and shall not be made part of the operating record of the\nperson upon whom such liability is imposed, nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage.\n  (h) 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 a bus\noperation-related traffic regulation. Personal delivery to the owner\nshall not be required. A manual or automatic record of mailing prepared\nin the ordinary course of business shall be prima facie evidence of the\nfacts 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 a bus\noperation-related traffic regulation, the registration number of the\nvehicle involved in such violation, the location where such violation\ntook place including the street address or cross streets, one or more\nimages identifying the violation, the date and time of such violation,\nthe identification number of the bus operation-related photo device\nwhich recorded the violation or other document locator number, and\nwhether the device was stationary or mobile. If the bus\noperation-related photo device was mobile, an identity of the vehicle\ncontaining such bus operation-related photo device shall be included in\nthe notice.\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 agency\nor agencies designated by the city of New York, or any other entity\nauthorized by such city to prepare and mail such notice of liability.\n  (i) Adjudication of the liability imposed upon owners by this section\nshall be conducted by the New York city parking violations bureau.\n  (j) If an owner of a vehicle receives a notice of liability pursuant\nto this section for any time period during which such vehicle was\nreported to the police department as having been stolen, it shall be a\nvalid defense to an allegation of liability for a violation of a bus\noperation-related traffic regulation 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 parking violations bureau of\nsuch city.\n  (k) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (h) of this section shall\nnot be liable for the violation of a bus operation-related traffic\nregulation, provided that:\n  (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n  (ii) within thirty-seven days after receiving notice from such parking\nviolations bureau of the date and time of a liability, together with the\nother information contained in the original notice of liability, the\nlessor submits to such bureau the correct name and address of the lessee\nof the vehicle identified in the notice of liability at the time of such\nviolation, together with such other additional information contained in\nthe rental, lease or other contract document, as may be reasonably\nrequired by such bureau pursuant to regulations that may be promulgated\nfor such purpose.\n  2. Failure to comply with subparagraph (ii) of paragraph one of this\nsubdivision shall render the lessor liable for the penalty prescribed in\nthis section.\n  3. Where the lessor complies with the provisions of paragraph one of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (h) of this section.\n  (l) 1. If the owner liable for a violation of a bus operation-related\ntraffic regulation pursuant to this section was not the operator of the\nvehicle at the time of such violation, the owner may maintain an action\nfor 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 bus operation-related traffic regulation. For purposes of this\nsubdivision there shall be a presumption that the operator of such\nvehicle was operating such vehicle with the consent of the owner at the\ntime such operator failed to obey a bus operation-related traffic\nregulation.\n  (m) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of a bus operation-related\ntraffic regulation.\n  (n) If the city of New York adopts a demonstration program pursuant to\nsubdivision (a) of this section, such city and the applicable mass\ntransit agency shall submit a report on the results of the use of bus\noperation-related photo devices to the governor, the temporary president\nof the senate, and the speaker of the assembly by April first, two\nthousand twenty-five and every two years thereafter. The city of New\nYork and applicable mass transit agency shall also make such reports\navailable on their public-facing websites, provided that they may\nprovide aggregate data from paragraph one of this subdivision if the\ncity finds that publishing specific location data would jeopardize\npublic safety. Such report shall include, but not be limited to:\n  1. a description of the locations and/or buses where bus\noperation-related photo devices were used;\n  2. the total number of violations recorded on a monthly and annual\nbasis;\n  3. the total number of notices of liability issued;\n  4. the number of fines and total amount of fines paid after the first\nnotice of liability;\n  5. the number of violations adjudicated and results of such\nadjudications including breakdowns of dispositions made;\n  6. the total amount of revenue realized by such city and any\nparticipating mass transit agency and an itemized list of expenditures\nmade by the participating mass transit agency with these revenues;\n  7. the quality of the adjudication process and its results;\n  8. the total number of cameras by type of camera used;\n  9. the total cost to such city and the total cost to any participating\nmass transit agency; and\n  10. a detailed report on the bus speeds, reliability, and ridership\nbefore and after implementation of the demonstration program for each\nbus route, including current statistics.\n  (o) Any revenue from fines and penalties collected from any mobile bus\noperation-related photo devices, not including any revenue shared with\nthe city of New York pursuant to agreement, shall be remitted by the\ncity of New York to the applicable mass transit agency on a quarterly\nbasis to be deposited in the general transportation account of the New\nYork city transportation assistance fund established pursuant to section\ntwelve hundred seventy-i of the public authorities law.\n  (p) It shall be a defense to any prosecution for a violation of a bus\noperation-related traffic regulation pursuant to a demonstration program\nadopted pursuant to this section that such bus operation-related photo\ndevices were malfunctioning at the time of the alleged violation.\n  (q) It shall be a defense to any notice of liability issued to the\nowner of a metropolitan transportation authority vehicle for a violation\nof section 4-08(f)(4) of chapter four of title thirty-four of the rules\nof the city of New York pursuant to a demonstration program adopted\npursuant to this section that the operator of the vehicle was a\nmetropolitan transportation authority employee performing authorized\nduties involving a metropolitan transportation authority vehicle in such\nbus lane.\n  * NB Repealed July 1, 2028\n
N.Y. EDN Law § 6221 — New York Code / Act EDN / Title 7 / Article 125 / Section 6221
Financing of the city university of New York
Status: in_force

§ 6221. Financing of the city university of New York. A. Senior\ncollege operating expenses. 1. Notwithstanding any other provision of\nlaw, all expenditures for the senior college programs and services of\nthe city university of New York shall continue to be pre-financed from\ncity of New York funds. The comptroller of the state of New York may\nestablish a separate fund for the receipt and deposit of such\npre-financing funds from the city of New York pursuant to this\nsubdivision, and all other monies deemed appropriate by the state\ncomptroller and the state director of the budget, except that all monies\npresently required by law to be paid directly to the city university\nconstruction fund shall continue to be so paid. All monies appropriated\nfor such senior college programs and services, or derived from other\nsources in the course of the administration thereof, shall be expended\nupon vouchers approved by the chancellor of the city university, as\nchief administrative officer of the city university, or by such\nauthority or authorities in the city university as shall be designated\nby the chancellor by a rule or written direction filed with the\ncomptroller, when and in the manner authorized by the board of trustees.\nNo monies appropriated for such senior college programs and services, or\nderived from other sources in the course of the administration thereof,\nshall be expended until a certificate of the aggregate funds available\nfor expenditure pursuant to section forty-nine of the state finance law\nhas been approved by the director of the budget and copies thereof filed\nwith the state comptroller, the chairman of the senate finance committee\nand the chairman of the assembly ways and means committee. In regard to\nthe city university, the director of the budget shall exercise the\nauthority granted under section forty-nine of the state finance law in\naccordance with the provisions of paragraph b of subdivision four of\nsection three hundred fifty-five of this chapter.\n  2. a. Notwithstanding any other provision of law, the city of New York\nshall appropriate in its expense budget and pay to the account of the\nsenior colleges of the city university of New York as operating aid\namounts in accordance with the following schedule:\n  (i) For the twelve-month period commencing July first, nineteen\nhundred seventy-nine, an amount equal to the lesser of fifty-eight\nmillion, three hundred ninety-three thousand dollars ($58,393,000) or\ntwenty-five per centum of the net operating expenses of such senior\ncollege programs and services, as certified by the comptroller of the\nstate of New York to be properly chargeable to such twelve-month period;\n  (ii) For the twelve-month period commencing July first, nineteen\nhundred eighty, an amount equal to eighty per centum of the amount\nspecified in (i) of subparagraph a of this paragraph.\n  (iii) For the twelve-month period commencing July first, nineteen\nhundred eighty-one, an amount equal to forty per centum of the amount\nspecified in (i) of subparagraph a of this paragraph.\n  b. For the twelve-month period commencing July first, nineteen hundred\neighty-two and thereafter, the city of New York shall not be required to\nmake any appropriation in support of the net operating expenses of the\nprograms and services of the senior colleges of the city university.\n  c. (i) Subject to the provisions of item (ii) of this subparagraph,\nthe amounts specified in this subdivision shall be exclusive of monies\npayable by such city for campus schools and debt service on bonds\nattributable to such university pursuant to article one hundred\ntwenty-five-B of this chapter.\n  (ii) (1) The amounts specified in this subdivision, in so far as such\namounts consist of payments for the twelve-month period commencing on\nJuly first, nineteen hundred seventy-nine, shall not include any\nunfunded accrued liability payments required to be made in such period\npursuant to chapters nine hundred seventy-five, nine hundred seventy-six\nand nine hundred seventy-seven of the laws of nineteen hundred\nseventy-seven with respect to pension contributions.\n  (2) The amounts specified in this subdivision, in so far as such\namounts consist of payments for the twelve-month period commencing on\nJuly first, nineteen hundred eighty, shall not include:\n  (a) any revised unfunded accrued liability payments (as defined in\nsubdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made in such period with respect to pension\ncontributions; or\n  (b) any installment of the nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of such section\nsixty-two hundred two), whether a charge or a credit, which installment\nis required to be paid or credited, as the case may be, in such period\nwith respect to pension contributions.\n  (3) During the period beginning on July first, nineteen hundred\neighty-one and ending on June thirtieth, nineteen hundred ninety, the\nnet operating expenses of the programs and services of the senior\ncolleges of the city university shall not include any of the payments or\ninstallments of charge or credit stated below in this sub-item (3), in\nso far as such payments or installments are attributable to employees of\nsuch senior colleges:\n  (a) any revised unfunded accrued liability payments (as defined in\nsubdivision seven of section sixty-two hundred two of this article)\nrequired to be made in such period and thereafter with respect to\npension contributions; and\n  (b) any installments of nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of such section\nsixty-two hundred two), whether a charge or a credit, which installments\nare required to be paid or credited, as the case may be, in such\ntwelve-month period and thereafter; and\n  (c) any installments of the nineteen hundred eighty-two unfunded\naccrued liability adjustment (as defined in subdivision eight-a of such\nsection sixty-two hundred two), which installments are required to be\ncredited in such twelve-month period and thereafter; and\n  (d) any balance sheet liability contributions (as defined in\nsubdivision nine of such section sixty-two hundred two) which\ncontributions are required to be made in such period; and\n  (e) any installments of the NYCERS nineteen hundred eighty-five\nunfunded accrued liability adjustment attributable to the senior\ncolleges (as defined in subdivision eight-b of such section sixty-two\nhundred two), regardless of the prescribed time of crediting of such\ninstallments; and\n  (f) any installments of the NYCTRS nineteen hundred eighty-five\nunfunded accrued liability adjustment (as defined in subdivision eight-c\nof such section sixty-two hundred two), regardless of the prescribed\ntime of crediting of such installments; and\n  (g) any installments of the NYCTRS nineteen hundred eighty-six\nunfunded accrued liability adjustment (as defined in subdivision eight-d\nof such section sixty-two hundred two), regardless of the prescribed\ntime of crediting of such installments; and\n  (h) any installments of the New York city employees' retirement system\nnineteen hundred eighty-eight unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-e\nof such section sixty-two hundred two), whether a charge or a credit,\nregardless of the prescribed time of payment or crediting of such\ninstallments; and\n  (i) any installments of the New York city teachers' retirement system\nnineteen hundred eighty-eight unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-f\nof such section sixty-two hundred two), whether a charge or a credit,\nregardless of the prescribed time of payment or crediting of such\ninstallments; and\n  (4) Commencing with the twelve-month period beginning on July first,\nnineteen hundred ninety and thereafter, the net operating expenses of\nthe programs and services of the senior colleges of the city university\nshall not include any of the payments or installments of charge or cred-\nit or contributions stated below in this sub-item (4):\n  (a) the contributions for twenty-year amortization of nineteen hundred\nninety senior college consolidated UAL and senior college remainder of\nBSL (as defined in subdivision eight-o of section sixty-two hundred two\nof this article; and\n  (b) any payments or installments of any NYCERS post-June thirtieth,\nnineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-g\nof section sixty-two hundred two of this article); and\n  (c) any payments or installments of NYCTRS post-June thirtieth,\nnineteen hundred ninety unfunded accrued liability adjustment\nattributable to the senior colleges (as defined in subdivision eight-h\nof section sixty-two hundred two of this article).\n  d. (i) Nothing contained in this paragraph shall be construed to\nremove the obligation of the city of New York, as prescribed by sections\nsixty-two hundred thirty and sixty-two hundred thirty-one of this\narticle, for payment of its share of unfunded accrued pension\nliabilities attributable to employees of the senior colleges of the city\nuniversity of New York required to be made in the city's nineteen\nhundred seventy-nine--nineteen hundred eighty fiscal year pursuant to\nchapters nine hundred seventy-five, nine hundred seventy-six and nine\nhundred seventy-seven of the laws of nineteen hundred seventy-seven.\n  (ii) Nothing contained in this paragraph shall be construed to remove\nthe obligation of the city of New York, as prescribed by sections\nsixty-two hundred thirty and sixty-two hundred thirty-one of this\narticle, for payment of its share of:\n  (1) the revised unfunded accrued liability contributions (as defined\nin subdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made in the city's nineteen hundred\neighty--nineteen hundred eighty-one fiscal year; and\n  (2) any installment of nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of section\nsixty-two hundred two of this article) which, if such adjustment is a\ncharge, is required to be paid in such fiscal year.\n  (iii) Subject to the provisions of subdivision m of section 13-638.2\nof the administrative code of the city of New York, nothing contained in\nthis paragraph shall be construed to remove the obligation of the city\nof New York, as prescribed by sections sixty-two hundred thirty and\nsixty-two hundred thirty-one of this article, for payment of its share\nof:\n  (1) the revised unfunded accrued liability contributions (as defined\nin subdivision seven of section sixty-two hundred two of this article)\nwhich are required to be made in the city's nineteen hundred\neighty-one--nineteen hundred eighty-two fiscal year and thereafter; and\n  (2) any installment of nineteen hundred eighty unfunded accrued\nliability adjustment (as defined in subdivision eight of section\nsixty-two hundred two of this article) which, if such adjustment is a\ncharge, is required to be made in such fiscal years; and\n  (3) any balance sheet liability contribution (as defined in\nsubdivision nine of section sixty-two hundred two of this article) which\nis required to be made in such fiscal years.\n  e. In addition to the amounts specified in subparagraph a of this\nparagraph and notwithstanding the provisions of subparagraph b of this\nparagraph, the city of New York shall appropriate in its expense budget\nand pay to the account of the senior colleges of the city university of\nNew York as the city's share of operating aid for the college of Staten\nIsland and New York city college of technology amounts in accordance\nwith the following schedule:\n  (i) For the twelve month period commencing July first, nineteen\nhundred eighty, an amount that shall equal four million, one hundred\nthousand dollars ($4,100,000).\n  (ii) For the twelve month period commencing July first, nineteen\nhundred eighty-one, an amount equal to one-half of the amount specified\nin clause (i) of this subparagraph.\n  (iii) For the twelve month period commencing July first, nineteen\nhundred eighty-two, and thereafter the city of New York shall not be\nrequired to make any appropriation for operating aid for the college of\nStaten Island and New York city college of technology.\n  3. The state shall annually appropriate and pay an amount equal to the\nnet operating expenses of such senior college programs and services less\nthat amount payable, if any, by the city of New York pursuant to\nparagraph two of this subdivision. Such state payment shall be made in\nfour installments, on or before April twenty-fifth, June twenty-fifth,\nOctober twenty-fifth and February twenty-fifth.\n  4. Commencing with the twelve-month period beginning July first,\nnineteen hundred eighty-two and thereafter, the state shall reimburse to\nthe city of New York one hundred per centum of the net operating\nexpenses of the approved programs and services of the senior colleges.\n  4-a. Notwithstanding the provision of any law, rule or regulation to\nthe contrary, the city university shall be entitled to annually receive\nan apportionment and payment of state assistance equal to all moneys\nderived as a result of the tuition increase, calculated as the\ndifference in the amount generated using the tuition rates authorized by\nthe trustees of the city university for the two thousand eight-two\nthousand nine academic year and the amount generated using the tuition\nrates authorized by the trustees of the city university for the two\nthousand nine-two thousand ten academic year, pursuant to the following\nschedule: for the two thousand nine-two thousand ten academic year, the\ncity university shall receive an amount equal to twenty percent of such\ntuition increase; for the two thousand ten-two thousand eleven academic\nyear, the city university shall receive an amount equal to thirty\npercent of such tuition increase; for the two thousand eleven-two\nthousand twelve academic year, the city university shall receive an\namount equal to forty percent of such tuition increase; and for the two\nthousand twelve-two thousand thirteen academic year, the city university\nshall receive an amount equal to fifty percent of such tuition increase.\nSuch apportionment shall be for the enhanced investment in the city\nuniversity of the state of New York and shall be used to supplement, not\nsupplant, gross senior college operating budget support, unless the\ndirector of the budget determines that state fiscal conditions preclude\nsuch an outcome and, in which case, the director shall submit a report\nregarding the recommended funding levels and whether the tuition\nincrease apportionment provisions of this subdivision have been complied\nwith for the city university of the state of New York to the chairs of\nthe senate finance committee and the assembly ways and means committee\nand the chairs of the senate higher education committee and the assembly\nhigher education committee no later than fifteen days following the\nrelease of the executive budget.\n  5. The comptroller of the state of New York shall provide accounting,\npayroll, expenditure and revenue reporting and similar services for the\nsenior colleges for the period commencing July first, nineteen hundred\neighty-two and thereafter. Notwithstanding any other provision of law,\nhe may, to the extent he deems it necessary and practicable, require\nsenior colleges of the city university to conform to statutory\nrequirements, rules, and administrative procedures applicable to state\ndepartments and agencies.\n  6. The director of the budget of the state of New York may, to the\nextent he deems it necessary and practicable, giving due consideration\nto the particular circumstances of the city university, require the\nsenior colleges of the city university of New York to conform to the\nstate statutory requirements, rules and administrative procedures such\nas are applicable to the state university of New York regarding\nbudgetary and fiscal matters.\n  7. For the purposes of this subdivision, "net operating expenses"\nshall be defined as the total operating expenses of approved programs\nand services less: (a) all excess tuition and instructional and\nnon-instructional fees attributable to the senior colleges and received\nfrom the city university construction fund pursuant to subdivision b of\nsection sixty-two hundred seventy-eight of this chapter; (b) an amount\nto be deposited from overhead funds and miscellaneous earnings recovered\nin the administration of sponsored programs for which the research\nfoundation of the city university of New York has been designated as\nfiscal administrator; (c) the amount of all monies from any source other\nthan those paid by the city, if any, and the state on a per centum basis\nof the net operating budget, which are expended through the operating\nbudget; and (d) that portion of the operating costs of central\nadministration and university-wide programs which the state budget\ndirector determines to be chargeable to the community colleges and which\nis to be paid by the city of New York pursuant to paragraph two of\nsubdivision C of this section.\n  B. Senior college capital costs. Commencing with the twelve-month\nperiod beginning July first, nineteen hundred eighty-two and thereafter,\nthe state shall pay one hundred per centum of capital costs exclusive of\nthose financed pursuant to the provisions of article one hundred\ntwenty-five-B of this chapter, of the senior colleges of the city\nuniversity of New York, provided however that commencing with the twelve\nmonth period beginning July first, nineteen hundred eighty-two and\nthereafter, the state shall pay one hundred per centum of capital costs\nexclusive of those financed pursuant to the provisions of article one\nhundred twenty-five-B of this chapter, of the college of Staten Island,\nNew York city college of technology and, commencing with the twelve\nmonth period beginning July first, two thousand nine and thereafter,\nMedgar Evers college, provided, however, that appropriations authorizing\nsuch costs have been approved by the legislature. The advancement of\ncapital projects pursuant to this subdivision shall be undertaken only\nin accordance with the provisions of section ninety-three of the state\nfinance law.\n  C. Community colleges. 1. The amount, methods and procedures for the\npayment of state aid to community colleges of the city university of New\nYork shall continue to be governed pursuant to the provisions of section\nsixty-three hundred four of this chapter and any rule or regulation\npromulgated pursuant thereto. Notwithstanding any inconsistent provision\nof law, for the purposes of this paragraph, any reference contained in\nsection sixty-three hundred four of this chapter to the approval of the\nstate university trustees for such state aid purposes shall, in lieu\nthereof, be deemed to mean and refer to the approval of the board of\ntrustees and any reference to a community college in such section shall\nbe deemed to mean and refer to a community college as defined in section\nsixty-two hundred two of this article; provided however, that any rule\nor regulation approved by the board of trustees, for such state aid\npurposes, shall be the same as any rule or regulation promulgated by the\nstate university trustees, as approved by the state director of the\nbudget.\n  2. Notwithstanding any other provision of law, the city of New York\nshall appropriate in its expense budget and pay to the account of the\ncommunity colleges of the city university of New York as operating aid\nthat portion of the operating costs of central administration and\nuniversity-wide programs attributable to community colleges, as defined\npursuant to subparagraph (d) of paragraph seven of subdivision A of this\nsection.\n  D. College of Staten Island. Notwithstanding the designation of the\ncollege of Staten Island as a senior college:\n  (i) the city of New York shall annually appropriate in its expense\nbudget and pay to the city university of New York, as operating aid in\nsupport of the programs and services of the college of Staten Island, an\namount for each full-time equivalent student in the associate degree\nprogram of the college equal to the amount the city of New York is\nappropriating and paying for each full-time equivalent student in the\ncommunity colleges;\n  (ii) and the state of New York shall annually appropriate and pay to\nthe city university of New York an amount equal to the net operating\nexpenses of the college of Staten Island less the amount payable by the\ncity of New York pursuant to this subdivision. Such state of New York\npayment shall be made in four installments on or before April\ntwenty-fifth, June twenty-fifth, October twenty-fifth and January\ntwenty-fifth. The amount to be paid by the city of New York pursuant to\nthis subdivision shall be determined by the state director of the\nbudget, based upon information submitted by the mayor in such form and\ncontent and at such time as may be requred by the state director of the\nbudget.\n  E. Medgar Evers college. Notwithstanding the designation of Medgar\nEvers college as a senior college:\n  (i) in addition to the amounts specified in subparagraph e of\nparagraph two of subdivision A of this section, the city of New York\nshall annually appropriate in its expense budget and pay to the city\nuniversity of New York as operating aid in support of the programs and\nservices, an amount for each full-time equivalent student in the\nassociate degree program of the college equal to the amount the city of\nNew York is appropriating and paying for each full-time equivalent\nstudent in the community colleges; and\n  (ii) the state of New York shall annually appropriate and pay to the\ncity of New York on behalf of the city university of New York an amount\nequal to the net operating expenses of Medgar Evers college less the\namount payable by the city of New York pursuant to this subdivision.\nSuch state of New York payment shall be made in four installments on or\nbefore April twenty-fifth, June twenty-fifth, October twenty-fifth and\nFebruary twenty-fifth. The amount to be paid by the city of New York\npursuant to this subdivision shall be determined by the state director\nof the budget, based upon information submitted by the mayor in such\nform and content and at such time as may be required by the state\ndirector of the budget.\n
N.Y. ELN Law § 8-702 — New York Code / Act ELN / Article 8 / Title 7 / Section 8-702
Early voting by mail; review of application by board of elections
Status: in_force

§ 8-702. Early voting by mail; review of application by board of\nelections. 1. Upon receipt of an application to vote early by mail the\nboard of elections shall determine whether the applicant is a registered\nvoter of the county or city at the address listed in the application and\nis eligible to vote in the election or elections for which the\napplication is filed. An application to vote early by mail filed or\nreceived simultaneously with or on the same day as a valid registration\napplication from the applicant shall be considered valid.\n  2. If the board of elections determines that the applicant is not a\nregistered voter of the county or city at the address listed in the\napplication pursuant to subdivision one of this section or the applicant\nis not eligible to vote in all of the elections for which the\napplication is filed, the board of elections shall immediately notify\nthe applicant of the rejection of the application to vote early by mail\nand provide the reason for such rejection.\n  3. In the case of a primary election, the board of elections shall\ndeliver only the ballot of the party in which the records of the board\nof elections show the applicant to be enrolled. In the event a primary\nelection is uncontested in the applicant's election district for all\noffices or positions except the party position of member of the ward,\ntown, city or county committee, no ballot shall be delivered to such\napplicant for such election; and the applicant shall be advised why they\nare not being sent a ballot.\n  4. The board shall keep a record of applications to vote early by mail\nas they are received, showing the names and residences of the\napplicants, and their party enrollment in the case of primary elections,\nand, as soon as practicable shall, when requested, give to the chairman\nof each political party or independent body in the county, and shall\nmake available for inspection to any other registered voter upon\nrequest, a complete list of all applicants to whom early mail ballots\nhave been delivered or mailed, containing their names and places of\nresidence as they appear on the registration record, including the\nelection district and ward, if any, and in the city of New York and the\ncounty of Nassau, the assembly district, and their party enrollment in\nthe case of primary elections.\n
N.Y. PBA Law § 651 — New York Code / Act PBA / Article 3 / Title 7 / Section 651
Short title
Status: in_force

§ 651. Short title. This title may be cited as the "Nassau county\nbridge authority act."\n