N.Y. ENV Law § 11-0702 — New York Code / Act ENV / Article 11 / Title 7 / Section 11-0702
Lifetime hunting, fishing, trapping, archery and muzzle-loading licenses
Status: in_force

§ 11-0702. Lifetime hunting, fishing, trapping, archery and\n             muzzle-loading licenses.\n  1. There are hereby created the following lifetime hunting, fishing,\ntrapping, archery and muzzle-loading privileges and fees therefor\nsubject to the same privileges and obligations of a comparable short\nterm license:\n             Licenses                               Fees\n      a. Lifetime license including a\n      hunting license, fishing license\n      and turkey permit. If purchased,\n     for a  child four years\n     of age or younger                              $380.00\n      for a child age five through\n     eleven years of age                            $535.00\n      for a person age twelve through\n     sixty-nine years of age                        $765.00\n      for a person age seventy\n      and over.                                     $65.00\n      b. Lifetime hunting license.                  $535.00\n      c. Lifetime fishing\n     license for a person age\n     sixty-nine or younger.                         $460.00\n      d. Lifetime fishing license\n     for a person age seventy\n     and over.                                      $ 65.00\n      e. Lifetime trapping\n     license.                                       $395.00\n      f. Lifetime archery privilege.                $235.00\n      g. Lifetime muzzle-loading privilege.         $235.00\n      h. For transfer to a person pursuant\n     to section 11-0704 of this title                $50.00\n  The holder of a lifetime hunting license or lifetime fishing license\nmay, at any time, convert such license to a lifetime license pursuant to\nparagraph a of this subdivision for an additional fee equal to the\ndifference between the current fee for the new license and the fee\noriginally paid for the license.\n  2. Legal residency within the state of New York shall be a\nprerequisite for persons to obtain, or have obtained for them, any\nlifetime licenses included within this section. Lifetime licenses so\nobtained shall continue to be valid for use within the state by the\nperson to whom the lifetime license was issued, regardless of a change\nin residency of that lifetime license holder. Holders of lifetime\nhunting licenses who become non-residents of the state may continue to\nobtain resident bowhunting and muzzle-loading privileges, including\nlifetime archery and muzzle-loading privileges. Holders of lifetime\nbowhunting and muzzle-loading privileges who become non-residents of the\nstate may continue to obtain resident hunting privileges, including any\nlifetime licenses that include any hunting privileges. Possession of\nlifetime licenses is nontransferable.\n  3. Notwithstanding any other provision of law, the commissioner shall\npromulgate rules and regulations, which the department deems necessary\nto implement the establishment of lifetime licenses.\n  Such rules and regulations shall provide:\n  a. for a permanent, counterfeit-resistant identification card with the\nnecessary identification information;\n  b. for annual issuance of necessary tags;\n  c. (i) for the replacement of a lost license upon application with a\nnotarized affidavit and a fee of five dollars and (ii) for gift\ninscriptions, up to twenty-three characters, on lifetime licenses for an\nadditional fee of five dollars;\n  d. that conditions for lifetime licenses shall include compliance with\nall conditions presently required for holders of short term licenses;\n  e. that lifetime license fees shall be increased only when short term\nor annual licenses are increased and shall be increased at the same\npercentage level and that such increases shall not be retroactive.\n  4. All moneys collected from the sale of lifetime licenses shall be\ndeposited in the state fish and game trust account pursuant to section\neighty-three of the state finance law.\n
N.Y. EDN Law § 6270 — New York Code / Act EDN / Title 7 / Article 125-B / Section 6270
Short title
Status: in_force

§ 6270. Short title.  This article may be cited as the "city\nuniversity construction fund act."\n
N.Y. VAT Law § 1180-H*3 — New York Code / Act VAT / Title 7 / Article 30 / Section 1180-H*3
Owner liability for failure of operator to comply with certain posted maximum speed limits
Status: in_force

* § 1180-h. 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 White Plains is hereby authorized to\nestablish a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nposted maximum speed limits in a school speed zone within such city (i)\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 article\nor (ii) when other speed limits are in effect as provided in subdivision\n(b), (d), (f) or (g) of section eleven hundred eighty of this article\nduring the following times: (A) on school days during school hours and\none hour before and one hour after the school day, and (B) a period\nduring student activities at the school and up to thirty minutes\nimmediately before and up to thirty minutes immediately after such\nstudent activities. Such demonstration program shall empower the city of\nWhite Plains to install photo speed violation monitoring systems within\nno more than three school speed zones within such city at any one time\nand to operate such systems within such zones (iii) when a school speed\nlimit is in effect as provided in paragraphs one and two of subdivision\n(c) of section eleven hundred eighty of this article or (iv) when other\nspeed limits are in effect as provided in subdivision (b), (d), (f) or\n(g) of section eleven hundred eighty of this article during the\nfollowing times: (A) on school days during school hours and one hour\nbefore and one hour after the school day, and (B) a period during\nstudent activities at the school and up to thirty minutes immediately\nbefore and up to thirty minutes immediately after such student\nactivities. In selecting a school speed zone in which to install and\noperate a photo speed violation monitoring system, the city shall\nconsider criteria including, but not limited to, the speed data, crash\nhistory, and the roadway geometry applicable to such school speed zone.\n  2. No photo speed violation monitoring system shall be used in a\nschool speed zone unless (i) on the day it is to be used it has\nsuccessfully passed a self-test of its functions; and (ii) it has\nundergone an annual calibration check performed pursuant to paragraph\nfour of this subdivision. The city shall install signs giving notice\nthat a photo speed violation monitoring system is in use to be mounted\non advance warning signs notifying motor vehicle operators of such\nupcoming school speed zone and/or on speed limit signs applicable within\nsuch school speed zone, in conformance with standards established in the\nMUTCD.\n  3. Operators of photo speed violation monitoring systems shall have\ncompleted training in the procedures for setting up, testing, and\noperating such systems. Each such operator shall complete and sign a\ndaily set-up log for each such system that he or she operates that (i)\nstates the date and time when, and the location where, the system was\nset up that day, and (ii) states that such operator successfully\nperformed, and the system passed, the self-tests of such system before\nproducing a recorded image that day. The city shall retain each such\ndaily log until the later of the date on which the photo speed violation\nmonitoring system to which it applies has been permanently removed from\nuse or the final resolution of all cases involving notices of liability\nissued based on photographs, microphotographs, videotape or other\nrecorded images produced by such system.\n  4. Each photo speed violation monitoring system shall undergo an\nannual calibration check performed by an independent calibration\nlaboratory which shall issue a signed certificate of calibration. The\ncity shall keep each such annual certificate of calibration on file\nuntil the final resolution of all cases involving a notice of liability\nissued during such year which were based on photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring system.\n  5. (i) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nphoto speed violation monitoring systems shall not include images that\nidentify the driver, the passengers, or the contents of the vehicle.\nProvided, however, that no notice of liability issued pursuant to this\nsection shall be dismissed solely because such a photograph,\nmicrophotograph, videotape or other recorded image allows for the\nidentification of the driver, the passengers, or the contents of\nvehicles where the city shows that it made reasonable efforts to comply\nwith the provisions of this paragraph in such case.\n  (ii) Photographs, microphotographs, videotape or any other recorded\nimage from a photo speed violation monitoring system shall be for the\nexclusive use of the city for the purpose of the adjudication of\nliability imposed pursuant to this section and of the owner receiving a\nnotice of liability pursuant to this section, and shall be destroyed by\nthe city upon the final resolution of the notice of liability to which\nsuch photographs, microphotographs, videotape or other recorded images\nrelate, or one year following the date of issuance of such notice of\nliability, whichever is later. Notwithstanding the provisions of any\nother law, rule or regulation to the contrary, photographs,\nmicrophotographs, videotape or any other recorded image from a photo\nspeed violation monitoring system shall not be open to the public, nor\nsubject to civil or criminal process or discovery, nor used by any court\nor administrative or adjudicatory body in any action or proceeding\ntherein except that which is necessary for the adjudication of a notice\nof liability issued pursuant to this section, and no public entity or\nemployee, officer or agent thereof shall disclose such information,\nexcept that such photographs, microphotographs, videotape or any other\nrecorded images from such systems:\n  (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images are required to be\nmaintained or are maintained by such public entity, employee, officer or\nagent; and\n  (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n  (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n  (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n  (b) If the city of White Plains establishes a demonstration program\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, within a school speed zone in violation of subdivision (c)\nor during the times authorized pursuant to subdivision (a) of this\nsection in violation of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this article, such vehicle was traveling at a\nspeed of more than ten miles per hour above the posted speed limit in\neffect within such school speed zone, and such violation is evidenced by\ninformation obtained from a photo speed violation monitoring system;\nprovided however that no owner of a vehicle shall be liable for a\npenalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n  1. "manual on uniform traffic control devices" or "MUTCD" shall mean\nthe manual and specifications for a uniform system of traffic control\ndevices maintained by the commissioner of transportation pursuant to\nsection sixteen hundred eighty of this chapter;\n  2. "owner" shall have the meaning provided in article two-B of this\nchapter;\n  3. "photo speed violation monitoring system" shall mean a vehicle\nsensor installed to work in conjunction with a speed measuring device\nwhich automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in a school speed zone in violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this article in accordance with the provisions of this\nsection; and\n  4. "school speed zone" shall mean a distance not to exceed one\nthousand three hundred twenty feet on a highway passing a school\nbuilding, entrance or exit of a school abutting on the highway.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of White Plains, or a facsimile thereof, based upon inspection\nof photographs, 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 White Plains. The liability of the owner pursuant to this section\nshall not exceed fifty dollars for each violation; provided, however,\nthat such parking violations bureau may provide for an additional\npenalty not in excess of twenty-five dollars for each violation for the\nfailure to respond to a notice of liability within the prescribed time\nperiod.\n  (f) An imposition of liability under the demonstration program\nestablished pursuant to this section shall not be deemed a conviction as\nan operator and shall not be made part of the operating record of the\nperson upon whom such liability is imposed nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, within fourteen business days if such\nowner is a resident of this state and within forty-five business days if\nsuch owner is a non-resident. Personal delivery on the owner shall not\nbe required. A manual or automatic record of mailing prepared in the\nordinary course of business shall be prima facie evidence of the facts\ncontained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\narticle pursuant to this section, the registration number of the vehicle\ninvolved in such violation, the location where such violation took\nplace, the date and time of such violation, the identification number of\nthe camera which recorded the violation or other document locator\nnumber, at least two date and time stamped images of the rear of the\nmotor vehicle that include the same stationary object near the motor\nvehicle, and the certificate charging the liability.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a prominent warning to advise the person charged that failure to\ncontest in the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nWhite Plains, or by any other entity authorized by the city to prepare\nand mail such notice of liability.\n  (h) Adjudication of the liability imposed upon owners of this section\nshall be by the city of White Plains parking violations bureau.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle or the number plate\nor plates of such vehicle was reported to the police department as\nhaving been stolen, it shall be a valid defense to an allegation of\nliability for a violation of subdivision (b), (c), (d), (f) or (g) of\nsection eleven hundred eighty of this article pursuant to this section\nthat the vehicle or the number plate or plates of such vehicle had been\nreported to the police as stolen prior to the time the violation\noccurred and had not been recovered by such time. For purposes of\nasserting the defense provided by this subdivision, it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle or number plate or plates of such vehicle be sent by first class\nmail to the city of White Plains parking violations bureau or by any\nother entity authorized by the city to prepare and mail such notice of\nliability.\n  (j) 1. An owner who is a lessor of a vehicle to which a notice of\nliability was issued pursuant to subdivision (g) of this section shall\nnot be liable for the violation of subdivision (b), (c), (d), (f) or (g)\nof section eleven hundred eighty of this article pursuant to this\nsection, provided that:\n  (i) prior to the violation, the lessor has filed with such parking\nviolations bureau in accordance with the provisions of section two\nhundred thirty-nine of this chapter; and\n  (ii) within thirty-seven days after receiving notice from such bureau\nof the date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to\nsuch bureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by such\nbureau pursuant to regulations that may be promulgated for such purpose.\n  2. Failure to comply with subparagraph (ii) of paragraph one of this\nsubdivision shall render the owner liable for the penalty prescribed in\nthis section.\n  3. Where the lessor complies with the provisions of paragraph one of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (g) of this section.\n  (k) 1. If the owner liable for a violation of subdivision (c) or (d)\nof section eleven hundred eighty of this article pursuant to this\nsection was not the operator of the vehicle at the time of the\nviolation, the owner may maintain an action for indemnification against\nthe operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator operated such\nvehicle in violation of subdivision (b), (c), (d), (f) or (g) of section\neleven hundred eighty of this article. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator operated such vehicle in violation of subdivision (b), (c),\n(d), (f) or (g) of section eleven hundred eighty of this article.\n  (l) 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  (m) If the city adopts a demonstration program pursuant to subdivision\n(a) of this section it shall conduct a study and submit an annual report\non the results of the use of photo devices to the governor, the\ntemporary president of the senate and the speaker of the assembly on or\nbefore the first day of June next succeeding the effective date of this\nsection and on the same date in each succeeding year in which the\ndemonstration program is operable. Such report shall include:\n  1. the locations where and dates when photo speed violation monitoring\nsystems were used;\n  2. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within all school speed zones\nwithin the city, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  3. the aggregate number, type and severity of crashes, fatalities,\ninjuries and property damage reported within school speed zones where\nphoto speed violation monitoring systems were used, to the extent the\ninformation is maintained by the department of motor vehicles of this\nstate;\n  4. the number of violations recorded within all school speed zones\nwithin the city, in the aggregate on a daily, weekly and monthly basis;\n  5. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used, in the\naggregate on a daily, weekly and monthly basis;\n  6. the number of violations recorded within all school speed zones\nwithin the city that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  7. the number of violations recorded within each school speed zone\nwhere a photo speed violation monitoring system is used that were:\n  (i) more than ten but not more than twenty miles per hour over the\nposted speed limit;\n  (ii) more than twenty but not more than thirty miles per hour over the\nposted speed limit;\n  (iii) more than thirty but not more than forty miles per hour over the\nposted speed limit; and\n  (iv) more than forty miles per hour over the posted speed limit;\n  8. the total number of notices of liability issued for violations\nrecorded by such systems;\n  9. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by such systems;\n  10. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by such systems;\n  11. the total amount of revenue realized by the city in connection\nwith the program;\n  12. the expenses incurred by the city in connection with the program;\nand\n  13. the quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this article pursuant to this section that such photo speed violation\nmonitoring system was malfunctioning at the time of the alleged\nviolation.\n  * NB Repealed December 31, 2030\n  * NB There are 3 § 1180-h's\n
N.Y. GOB Law § 5-703 — New York Code / Act GOB / Article 5 / Title 7 / Section 5-703
Conveyances and contracts concerning real property required to be in writing
Status: in_force

§ 5-703. Conveyances and contracts concerning real property required\nto be in writing. 1. An estate or interest in real property, other than\na lease for a term not exceeding one year, or any trust or power, over\nor concerning real property, or in any manner relating thereto, cannot\nbe created, granted, assigned, surrendered or declared, unless by act or\noperation of law, or by a deed or conveyance in writing, subscribed by\nthe person creating, granting, assigning, surrendering or declaring the\nsame, or by his lawful agent, thereunto authorized by writing. But this\nsubdivision does not affect the power of a testator in the disposition\nof his real property by will; nor prevent any trust from arising or\nbeing extinguished by implication or operation of law, nor any\ndeclaration of trust from being proved by a writing subscribed by the\nperson declaring the same.\n  2. A contract for the leasing for a longer period than one year, or\nfor the sale, of any real property, or an interest therein, is void\nunless the contract or some note or memorandum thereof, expressing the\nconsideration, is in writing, subscribed by the party to be charged, or\nby his lawful agent thereunto authorized by writing.\n  3. A contract to devise real property or establish a trust of real\nproperty, or any interest therein or right with reference thereto, is\nvoid unless the contract or some note or memorandum thereof is in\nwriting and subscribed by the party to be charged therewith, or by his\nlawfully authorized agent.\n  4. Nothing contained in this section abridges the powers of courts of\nequity to compel the specific performance of agreements in cases of part\nperformance.\n
N.Y. VAT Law § 1111-D — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-D
Owner liability for failure of operator to comply with traffic-control indications
Status: in_force

* § 1111-d. Owner liability for failure of operator to comply with\ntraffic-control indications. (a) 1. Notwithstanding any other provision\nof law, the city of New Rochelle is hereby authorized and empowered to\nadopt and amend a local law or ordinance establishing a demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with traffic-control\nindications in such city in accordance with the provisions of this\nsection. Such demonstration program shall empower such city to install\nand operate traffic-control signal photo violation-monitoring devices at\nno more than twelve intersections within such city at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n  (b) In any such city which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of New Rochelle in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if such city by local\nlaw has authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such bureau.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for each violation; provided, however, that such local law\nor ordinance may provide for an additional penalty not in excess of\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which he or she may contest\nthe liability alleged in the notice. Such notice of liability shall also\ncontain a warning to advise the persons charged that failure to contest\nin the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nNew Rochelle, or by any other entity authorized by such city to prepare\nand mail such notification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions, except that\nif such city has established an administrative tribunal to hear and\ndetermine complaints of traffic infractions constituting parking,\nstanding or stopping violations such city may, by local law, authorize\nsuch adjudication by such tribunal.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau,\ncourt having jurisdiction or parking violations bureau.\n  (j) 1. In such city where the adjudication of liability imposed upon\nowners pursuant to this section is by a traffic violations bureau or a\ncourt having jurisdiction, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that he or she\nsends to the traffic violations bureau or court having jurisdiction a\ncopy of the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty-seven days after receiving notice\nfrom the bureau or court of the date and time of such violation,\ntogether with the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nparagraph, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n  2. (I) In such city which, by local law, has authorized the\nadjudication of liability imposed upon owners by this section by a\nparking violations bureau, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that:\n  (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  (II) Failure to comply with clause (B) of subparagraph (I) of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n  (III) Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) Any city that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before June first, two\nthousand fifteen and on the same date in each succeeding year in which\nthe demonstration program is operable. Such report shall include, but\nnot be limited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department of\nmotor vehicles of this state;\n  3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment of motor vehicles of this state;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability issued for violations recorded by such\nsystems;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems;\n  8. the total amount of revenue realized by such city from such\nadjudications including a breakdown of revenue realized by such city for\neach year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n  9. expenses incurred by such city in connection with the program; and\n  10. quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB Repealed December 1, 2029\n  * NB There are 3 § 1111-d's\n
N.Y. PBH Law § 1348 — New York Code / Act PBH / Article 13 / Title 7 / Section 1348
Hotel sanitation; application of article
Status: in_force

§ 1348. Hotel sanitation; application of article.  The provisions of\nsections thirteen hundred forty-five to thirteen hundred forty-seven,\ninclusive, of this chapter, shall not apply to cities having a\npopulation of one million inhabitants or over.\n
N.Y. VAT Law § 1250 — New York Code / Act VAT / Title 7 / Article 34-A / Section 1250
Traffic laws apply to persons operating motorcycles
Status: in_force

§ 1250. Traffic laws apply to persons operating motorcycles.  Every\nperson operating a motorcycle shall be granted all of the rights and\nshall be subject to all of the duties applicable to the driver of any\nother vehicle under this title, except as to special regulations in this\narticle and except as to those provisions of this title which by their\nnature can have no application.\n
N.Y. VAT Law § 1182 — New York Code / Act VAT / Title 7 / Article 30 / Section 1182
Speed contests and races
Status: in_force

§ 1182. Speed contests and races.  1. Except as provided in section\neleven hundred eighty-two-a of this article or section sixteen hundred\nthirty, sixteen hundred forty, sixteen hundred forty-two or sixteen\nhundred sixty of this chapter, no races, exhibitions or contests of\nspeed shall be held and no person shall engage in or aid or abet in any\nmotor vehicle or other speed contest or exhibition of speed on a\nhighway. Such event, if held, shall be fully and efficiently patrolled\nfor the entire distance over which such race, exhibition or contest for\nspeed is to be held. Participants in a race, exhibition or contest of\nspeed are exempted from compliance with any traffic laws otherwise\napplicable thereto, but shall exercise reasonable care. A violation of\nany of the provisions of this section shall constitute a misdemeanor and\nbe punishable by imprisonment of not more than thirty days or a fine of\nnot less than three hundred dollars nor more than five hundred\ntwenty-five dollars, or both such fine and imprisonment.\n  2. A second conviction within twelve months of a violation of this\nsection shall be punishable by imprisonment of not more than six months\nor a fine of not less than five hundred twenty-five dollars nor more\nthan seven hundred fifty dollars, or both such fine and imprisonment.\n
N.Y. VAT Law § 1172 — New York Code / Act VAT / Title 7 / Article 29 / Section 1172
Stop signs and yield signs
Status: in_force

§ 1172. Stop signs and yield signs. (a) Except when directed to\nproceed by a police officer, every driver of a vehicle approaching a\nstop sign shall stop at a clearly marked stop line, but if none, then\nshall stop before entering the crosswalk on the near side of the\nintersection, or in the event there is no crosswalk, at the point\nnearest the intersecting roadway where the driver has a view of the\napproaching traffic on the intersecting roadway before entering the\nintersection and the right to proceed shall be subject to the provisions\nof section eleven hundred forty-two.\n  (b) The driver of a vehicle approaching a yield sign if required for\nsafety to stop shall stop at a clearly marked yield line, but if none,\nthen shall stop before entering the crosswalk on the near side of the\nintersection, or in the event there is no crosswalk, at the point\nnearest the intersecting roadway where the driver has a view of the\napproaching traffic on the intersecting roadway before entering the\nintersection and the right to proceed shall be subject to the provisions\nof section eleven hundred forty-two of this title.\n
N.Y. SOS Law § 257 — New York Code / Act SOS / Article 5 / Title 7 / Section 257
Supervision; regulations
Status: in_force

§ 257. Supervision; regulations. The department shall: 1.  supervise\nthe administration of services for the aged, blind or disabled by social\nservices officials;\n  2. Make regulations necessary for the carrying out of this title to\nthe end that services for the aged, blind or disabled may be\nadministered uniformly throughout the state, except when otherwise\nrequired or permitted by the department with the approval of the\nsecretary of health, education and welfare.\n
N.Y. ENV Law § 23-0701 — New York Code / Act ENV / Article 23 / Title 7 / Section 23-0701
Voluntary integration and unitization in oil and natural gas pools and fields
Status: in_force

§ 23-0701. Voluntary integration and unitization in oil and natural gas\n             pools and fields.\n  1. Voluntary integration and unitization in oil pools or fields and in\nnatural gas pools or fields shall be subject to the provisions of this\nsection. When two or more separately owned tracts are embraced within a\nspacing unit, or when there are separately owned interests in all or a\npart of a spacing unit, the interested persons may integrate their\ntracts or interests for the development and operation of the spacing\nunit. An agreement for the unit or for the cooperative development and\noperation of a field, pool, or part thereof, may be submitted to the\ndepartment for approval as being in the public interest or reasonably\nnecessary to prevent waste. Such approval shall constitute a complete\ndefense to any suit charging violation of any statute of this state\nrelating to trusts and monopolies on account thereof or on account of\noperations conducted pursuant thereto. Failure to submit such an\nagreement to the department for approval shall not for that reason imply\nor constitute evidence that the agreement or operations conducted\npursuant thereto are in violation of laws relating to trusts and\nmonopolies.\n  2. Upon twenty-one days notice to the fee owners of oil and gas\ninterests under lease in a spacing unit, a well operator may record as\nto each tract for which notice has been given a declaration of voluntary\nintegration. The declaration of voluntary integration shall include the\nacreage applicable to each tract so integrated and the proportion such\nacreage bears to the entire spacing unit. The declaration of voluntary\nintegration shall be final and binding upon all persons and their heirs,\nsuccessors and assigns, and all persons who take title by operation of\nlaw.\n
N.Y. VAT Law § 1176 — New York Code / Act VAT / Title 7 / Article 29 / Section 1176
Obstructing highway-railroad grade crossings
Status: in_force

§ 1176. Obstructing highway-railroad grade crossings. No person shall\ndrive a vehicle onto the railroad tracks at a highway-railroad grade\ncrossing unless there is sufficient undercarriage clearance to traverse\nthe crossing and adequate space on the opposite side of the crossing to\naccommodate the vehicle he and/or she is driving, notwithstanding the\nindication of any traffic control device which would permit him and/or\nher to proceed.\n
N.Y. EDN Law § 6208 — New York Code / Act EDN / Title 7 / Article 125 / Section 6208
Collective negotiation
Status: in_force

§ 6208. Collective negotiation.  For the purposes of article fourteen\nof the civil service law, the city university of New York shall be\ndeemed to be the public employer and as such shall negotiate with and\nenter into written agreements with employee organizations representing\nthe instructional staff and non-instructional staff of the senior\ncolleges and community colleges of such university that have been\ncertified or recognized under such article.  For purposes of such\narticle, the chancellor of the city university shall be deemed to be the\nchief executive officer, the chief legal officer of the city university\nshall be chief legal officer, and the legislature of the state of New\nYork shall be deemed to be the legislative body of the government.  In\ncarrying on such negotiations, the city university of New York shall\nconsult with and seek assistance from the state office of employee\nrelations and the New York city office of municipal labor relations.\nThe state public employment relations board shall have exclusive\njurisdiction for the purpose of administering the provisions of such\narticle and the provisions of section two hundred twelve of such article\nshall not be applicable to any such negotiations.\n
N.Y. ENV Law § 27-0706 — New York Code / Act ENV / Article 27 / Title 7 / Section 27-0706
Closure requirements for certain landfills and recycling requirements for certain municipalities
Status: in_force

§ 27-0706. Closure requirements for certain landfills and recycling\n             requirements for certain municipalities.\n  1. For the purpose of this section the term "landfill" shall have the\nsame meaning as such term is defined in subdivision twelve of section\n27-0901 of this article.\n  2. a. This section shall apply to all landfills that:\n  (i) operated during nineteen hundred ninety-five;\n  (ii) did not have a valid permit to operate pursuant to this article\nduring such year; and\n  (iii) accepted for disposal an average of more than eight thousand\ntons per day of solid waste during such year.\n  b. Notwithstanding any provision of law or order to the contrary, no\nlandfill covered by this section shall accept solid waste for disposal\nafter January first, two thousand two.\n
N.Y. ENV Law § 13-0705 — New York Code / Act ENV / Article 13 / Title 7 / Section 13-0705
Departmental responsibilities
Status: in_force

§ 13-0705. Departmental responsibilities.\n  1. The department shall designate seagrass management areas.\nDesignation of such areas shall include consideration, on a geographic\nor estuarine basis, of likely threats to seagrass.\n  2. For each designated seagrass management area, the department shall\ndevelop and adopt a seagrass management plan to guide the development of\nrules and regulations pursuant to subdivision three of this section.\nSuch plan shall be developed after consultation with local governments,\nrepresentatives of recreational boating interests, the marine industries\n(including commercial and recreational shell fishermen, and commercial\nshell fish farmers), affected property owners, and other stakeholders,\nso as to effectively manage and protect seagrass beds and seagrass\nrestoration efforts at those locations at which the restoration of\nseagrass is reasonably possible. Such plans shall, to the extent\npracticable, take into consideration, the goals of existing estuary\nprograms. In addition, seagrass management plans shall seek to preserve\ntraditional recreational activities, including recreational boating and\nmarina operations, as well as finfishing, shellfishing and tourism while\nensuring such activities do not threaten seagrass beds or negate\nseagrass restoration efforts.\n  3. The department shall have the authority to adopt rules and\nregulations to regulate coastal and marine activities that threaten\nseagrass beds or seagrass restoration efforts.\n  4. The department shall have the authority to restrict the use of\nmechanical-powered fishing or shellfishing gear which may directly\nimpact seagrass beds, including churning, dredges, rakes and tongs.\n  5. The department shall identify water quality impacts such as\nnitrogen pollution and make recommendations on how to minimize such\nimpacts.\n  6. The department shall make information concerning the importance of\nseagrass protection and the status of seagrass restoration efforts\navailable on the department website.\n
N.Y. VAT Law § 1165 — New York Code / Act VAT / Title 7 / Article 28 / Section 1165
Method of giving hand-and-arm signals
Status: in_force

§ 1165. Method of giving hand-and-arm signals. All signals herein\nrequired given by hand and arm shall be given from the left side of the\nvehicle in the following manner and such signals shall indicate as\nfollows:\n  1. Left turn. Hand and arm extended horizontally.\n  2. Right turn. Hand and arm extended upward.\n  3. Stop or decrease speed. Hand and arm extended downward.\n
N.Y. VAT Law § 1210 — New York Code / Act VAT / Title 7 / Article 33 / Section 1210
Unattended motor vehicle
Status: in_force

§ 1210. Unattended motor vehicle. (a) No person driving or in charge\nof a motor vehicle shall permit it to stand unattended without first\nstopping the engine, locking the ignition, removing the key from the\nvehicle, and effectively setting the brake thereon and, when standing\nupon any grade, turning the front wheels to the curb or side of the\nhighway, provided, however, the provision for removing the key from the\nvehicle shall not require the removal of keys hidden from sight about\nthe vehicle for convenience or emergency.\n  (b) A driver may, for the purpose of getting away from the place of\nstanding, move another vehicle which is so placed he cannot get his\nvehicle out; provided, however, that immediately thereafter he shall\nreset the brake and, if on a grade, turn the front wheels to the curb or\nside of the highway. This privilege is subject to the limitation set\nforth in subdivision (e) of section twelve hundred two.\n  (c) Towing agencies, which remove vehicles unlawfully parked on\nprivate property at request of the owner of the premises and without the\nwritten consent of the owner of the vehicle, shall immediately notify\nthe local police station house having jurisdiction over the area where\nsuch vehicle was unlawfully parked, of the description of the car which\nwas removed, and the time of removal.\n
N.Y. PBA Law § 1162 — New York Code / Act PBA / Article 5 / Title 7 / Section 1162
Bonds and notes legal investments for fiduciaries
Status: in_force

§ 1162. Bonds and notes legal investments for fiduciaries. The bonds,\nor notes, are hereby made securities in which all public officers and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, and all other persons whatsoever, except\nas hereinafter provided, who are now or may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem; provided that, notwithstanding the provisions of any other general\nor special law to the contrary, such bonds or notes shall not be\neligible for the investment of funds including capital, of trusts,\nestates or guardianships under the control of individual administrators,\nguardians, executors, trustees and other individual fiduciaries. The\nbonds or notes are also hereby made securities which may be deposited\nwith and may be received by all public officers and bodies of this state\nand all municipalities and municipal subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of this state is now or\nmay hereafter be authorized.\n
N.Y. VAT Law § 1166 — New York Code / Act VAT / Title 7 / Article 28 / Section 1166
Required position for turning at alley, driveway, private road or onto property off the roadway
Status: in_force

§ 1166. Required position for turning at alley, driveway, private road\nor onto property off the roadway. The driver of a vehicle intending to\nturn from a roadway into an alley, driveway, private road or onto\nproperty off the roadway, shall approach the turn as follows:\n  (a) Right turns. The approach for a right turn shall be made as close\nas practicable to the right-hand curb or edge of the roadway.\n  (b) Left turns from two-way roadways. The approach for a left turn\nfrom a two-way roadway shall be made in that portion of the right half\nof the roadway nearest the center thereof.\n  (c) Left turns from other than two-way roadways. The approach for a\nleft turn from a roadway on which traffic is restricted to one direction\nshall be made in the extreme left-hand lane lawfully available to\ntraffic.\n
N.Y. LAB Law § 606 — New York Code / Act LAB / Article 18 / Title 7-A / Section 606
Revocation of approval
Status: in_force

§ 606. Revocation of approval. For good cause shown, the commissioner\nmay, in his discretion, revoke approval of an employer's application\npreviously granted. Good cause may include, but shall not be limited to,\nfailure to comply with the assurances and certifications required under\nsection six hundred five hereof, failure to supply information requested\nrelative to the operation of a shared work program, unreasonable\nrevision of productivity standards for the work force, or other conduct\nor occurrences tending to defeat the purposes, intent and effective\noperation of a shared work program.\n
N.Y. VAT Law § 1242-A — New York Code / Act VAT / Title 7 / Article 34 / Section 1242-A
Operation of a bicycle with electric assist while under the influence of alcohol or drugs
Status: in_force

§ 1242-a. Operation of a bicycle with electric assist while under the\ninfluence of alcohol or drugs. 1. Offenses; criminal penalties. (a)\nOperating a bicycle with electric assist while ability impaired. No\nperson shall operate a bicycle with electric assist while the person's\nability to operate such bicycle with electric assist is impaired by the\nconsumption of alcohol.\n  (i) A violation of this paragraph shall be a traffic infraction and\nshall be punishable by a fine of not more than three hundred dollars, or\nby imprisonment in a penitentiary or county jail for not more than\nfifteen days, or by both such fine and imprisonment.\n  (ii) A person who operates a bicycle with electric assist in violation\nof this paragraph after having been convicted of a violation of any\nparagraph of this subdivision within the preceding five years shall be\npunished by a fine of not 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.\n  (iii) A person who operates a bicycle with electric assist in\nviolation of this paragraph after being convicted two or more times of a\nviolation of any paragraph of this subdivision within the preceding ten\nyears shall be guilty of a misdemeanor, and shall be punished by a fine\nof not more than one thousand dollars, or by imprisonment of not more\nthan one hundred eighty days in a penitentiary or county jail or by both\nsuch fine and imprisonment.\n  (b) Operating a bicycle with electric assist while intoxicated; per\nse.  No person shall operate a bicycle with electric assist while such\nperson has .08 of one per centum or more by weight of alcohol in the\nperson's blood as shown by chemical analysis of such person's blood,\nbreath, urine or saliva, made pursuant to the provisions of subdivision\nfive of this section.\n  (c) Operating a bicycle with electric assist while intoxicated. No\nperson shall operate a bicycle with electric assist while in an\nintoxicated condition.\n  (d) Operating a bicycle with electric assist while ability impaired by\ndrugs. No person shall operate a bicycle with electric assist while the\nperson's ability to operate such bicycle with electric assist is\nimpaired by the use of a drug as defined in this chapter.\n  (e) Operating a bicycle with electric assist while ability impaired by\nthe combined influence of drugs or of alcohol and any drug or drugs. No\nperson shall operate a bicycle with electric assist while the person's\nability to operate such bicycle with electric assist is impaired by the\ncombined influence of drugs or of alcohol and any drug or drugs.\n  (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this\nsubdivision shall be a misdemeanor and shall be punishable by a fine of\nnot more than five hundred dollars, or by imprisonment in a penitentiary\nor county jail for not more than one year, or by both such fine and\nimprisonment.\n  (ii) A person who operates a bicycle with electric assist in violation\nof paragraph (b), (c), (d) or (e) of this subdivision after having been\nconvicted of a violation of paragraph (b), (c), (d) or (e) of this\nsubdivision within the preceding ten years shall be guilty of a class E\nfelony, and shall be punished by a fine of not more than one thousand\ndollars or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment.\n  (iii) A person who operates a bicycle with electric assist in\nviolation of paragraph (b), (c), (d) or (e) of this subdivision after\nhaving been convicted of a violation of paragraph (b), (c), (d) or (e)\nof this subdivision two or more times within the preceding ten years\nshall be guilty of a class E felony, and shall be punished by a fine of\nnot more than four thousand dollars or by a period of imprisonment as\nprovided in the penal law, or by both such fine and imprisonment.\n  2. Certain sentences prohibited. Notwithstanding any provisions of the\npenal law, no judge or magistrate shall impose a sentence of\nunconditional discharge for a violation of paragraph (b), (c), (d) or\n(e) of subdivision one of this section.\n  3. Sentencing; previous convictions. When sentencing a person for a\nviolation of paragraph (b), (c), (d) or (e) of subdivision one of this\nsection pursuant to subparagraph (ii) of paragraph (f) of subdivision\none of this section, the court shall consider any prior convictions the\nperson may have for a violation of subdivision two, two-a, three, four,\nor four-a of section eleven hundred ninety-two of this title within the\npreceding ten years. When sentencing a person for a violation of\nparagraph (b), (c), (d) or (e) of subdivision one of this section\npursuant to subparagraph (iii) of paragraph (f) of subdivision one of\nthis section, the court shall consider any prior convictions the person\nmay have for a violation of subdivision two, two-a, three, four, or\nfour-a of section eleven hundred ninety-two of this title within the\npreceding ten years. When sentencing a person for a violation of\nsubparagraph (ii) of paragraph (a) of subdivision one of this section,\nthe court shall consider any prior convictions the person may have for a\nviolation of any subdivision of section eleven hundred ninety-two of\nthis title within the preceding five years. When sentencing a person for\na violation of subparagraph (iii) of paragraph (a) of subdivision one of\nthis section, the court shall consider any prior convictions the person\nmay have for a violation of any subdivision of section eleven hundred\nninety-two of this title within the preceding ten years.\n  4. Arrest and field testing. (a) Arrest. Notwithstanding the\nprovisions of section 140.10 of the criminal procedure law, a police\nofficer may, without a warrant, arrest a person, in case of a violation\nof any paragraph of subdivision one of this section, if such violation\nis coupled with an accident or collision in which such person is\ninvolved, which in fact had been committed, though not in the police\nofficer's presence, when the officer has reasonable cause to believe\nthat the violation was committed by such person. For the purposes of\nthis subdivision, police officer shall also include a peace officer\nauthorized to enforce this chapter when the alleged violation\nconstitutes a crime.\n  (b) Field testing. Every person operating a bicycle with electric\nassist which has been involved in an accident shall, at the request of a\npolice officer, submit to a breath test to be administered by the police\nofficer. If such test indicates that such operator has consumed alcohol,\nthe police officer may request such operator to submit to a chemical\ntest in the manner set forth in subdivision five of this section.\n  5. Chemical tests; when authorized. A police officer may request any\nperson who operates a bicycle with electric assist in this state to\nconsent to a chemical test of one or more of the following: breath,\nblood, urine, or saliva, for the purpose of determining the alcoholic\nand/or drug content of such person's blood, provided that such test is\nadministered at the direction of a police officer with respect to a\nchemical test of breath, urine or saliva or, with respect to a chemical\ntest of blood, at the direction of a police officer: (a) having\nreasonable grounds to believe such person to have been operating in\nviolation of paragraph (a), (b), (c), (d) or (e) of subdivision one of\nthis section and within two hours after such person has been placed\nunder arrest for any such violation; or (b) within two hours after a\nbreath test, as provided in paragraph (b) of subdivision four of this\nsection, indicates that alcohol has been consumed by such person and in\naccordance with the rules and regulations established by the police\nforce of which the officer is a member.\n  6. Testing procedures. (a) Persons authorized to withdraw blood;\nimmunity; testimony. (i) At the request of a police officer, the\nfollowing persons may withdraw blood for the purpose of determining the\nalcoholic or drug content therein: (A) a physician, a registered\nprofessional nurse, a registered physician assistant, a certified nurse\npractitioner, or an advanced emergency medical technician as certified\nby the department of health; or (B) under the supervision and at the\ndirection of a physician, registered physician assistant or certified\nnurse practitioner acting within his or her lawful scope of practice, or\nupon the express consent of the person eighteen years of age or older\nfrom whom such blood is to be withdrawn: a clinical laboratory\ntechnician or clinical laboratory technologist licensed pursuant to\narticle one hundred sixty-five of the education law; a phlebotomist; or\na medical laboratory technician or medical technologist employed by a\nclinical laboratory approved under title five of article five of the\npublic health law. This limitation shall not apply to the taking of a\nurine, saliva or breath specimen.\n  (ii) No person entitled to withdraw blood pursuant to subparagraph (i)\nof this paragraph or hospital employing such person, and no other\nemployer of such person shall be sued or held liable for any act done or\nomitted in the course of withdrawing blood at the request of a police\nofficer pursuant to this section.\n  (iii) Any person who may have a cause of action arising from the\nwithdrawal of blood as aforesaid, for which no personal liability exists\nunder subparagraph (ii) of this paragraph, may maintain such action\nagainst the state if any person entitled to withdraw blood pursuant to\nthis paragraph acted at the request of a police officer employed by the\nstate, or against the appropriate political subdivision of the state if\nsuch person acted at the request of a police officer employed by a\npolitical subdivision of the state. No action shall be maintained\npursuant to this subparagraph unless notice of claim is duly filed or\nserved in compliance with law.\n  (iv) Notwithstanding subparagraphs (i), (ii) and (iii) of this\nparagraph, an action may be maintained by the state or a political\nsubdivision thereof against a person entitled to withdraw blood pursuant\nto subparagraph (i) of this paragraph or hospital employing such person\nfor whose act or omission the state or the political subdivision has\nbeen held liable under this paragraph to recover damages, not exceeding\nthe amount awarded to the claimant, that may have been sustained by the\nstate or the political subdivision by reason of gross negligence or bad\nfaith on the part of such person.\n  (v) The testimony of any person other than a physician, entitled to\nwithdraw blood pursuant to subparagraph (i) of this paragraph, in\nrespect to any such withdrawal of blood made by such person may be\nreceived in evidence with the same weight, force and effect as if such\nwithdrawal of blood were made by a physician.\n  (vi) The provisions of subparagraphs (ii), (iii) and (iv) of this\nparagraph shall also apply with regard to any person employed by a\nhospital as security personnel for any act done or omitted in the course\nof withdrawing blood at the request of a police officer pursuant to this\nsection.\n  (b) Right to additional test. The person tested shall be permitted to\nchoose a physician to administer a chemical test in addition to the one\nadministered at the direction of the police officer.\n  (c) Rules and regulations. The department of health shall issue and\nfile rules and regulations approving satisfactory techniques or methods\nof conducting chemical analyses of a person's blood, urine, breath or\nsaliva and to ascertain the qualifications and competence of individuals\nto conduct and supervise chemical analyses of a person's blood, urine,\nbreath or saliva. If the analyses were made by an individual possessing\na permit issued by the department of health, this shall be presumptive\nevidence that the examination was properly given. The provisions of this\nparagraph do not prohibit the introduction as evidence of an analysis\nmade by an individual other than a person possessing a permit issued by\nthe department of health.\n  7. Chemical test evidence. (a) Admissibility. Upon the trial of any\nsuch action or proceeding arising out of actions alleged to have been\ncommitted by any person arrested for a violation of any paragraph of\nsubdivision one of this section, the court shall admit evidence of the\namount of alcohol or drugs in the defendant's blood as shown by a test\nadministered pursuant to the provisions of subdivision five of this\nsection.\n  (b) Probative value. The following effect shall be given to evidence\nof blood-alcohol content, as determined by such tests, of a person\narrested for a violation of subdivision one of this section:\n  (i) evidence that there was .05 of one per centum or less by weight of\nalcohol in such person's blood shall be prima facie evidence that the\nability of such person to operate a bicycle with electric assist was not\nimpaired by the consumption of alcohol, and that such person was not in\nan intoxicated condition;\n  (ii) evidence that there was more than .05 of one per centum but less\nthan .07 of one per centum by weight of alcohol in such person's blood\nshall be prima facie evidence that such person was not in an intoxicated\ncondition, but such evidence shall be relevant evidence, but shall not\nbe given prima facie effect, in determining whether the ability of such\nperson to operate a bicycle with electric assist was impaired by the\nconsumption of alcohol; and\n  (iii) evidence that there was .07 of one per centum or more but less\nthan .08 of one per centum by weight of alcohol in such person's blood\nshall be prima facie evidence that such person was not in an intoxicated\ncondition, but such evidence shall be given prima facie effect in\ndetermining whether the ability of such person to operate a bicycle with\nelectric assist was impaired by the consumption of alcohol.\n  8. Where applicable. The provisions of this section shall apply upon\npublic highways, private roads open to motor vehicle traffic, any other\nparking lot, and sidewalks. For the purposes of this section "parking\nlot" shall mean any area or areas of private property, including a\ndriveway, near or contiguous to and provided in connection with premises\nand used as a means of access to and egress from a public highway to\nsuch premises and having a capacity for the parking of four or more\nmotor vehicles. The provisions of this section shall not apply to any\narea or areas of private property comprising all or part of property on\nwhich is situated a one or two-family residence.\n  9. Enforcement upon crash. Notwithstanding any provision of this\nsection, no part of this section may be enforced unless in conjunction\nwith a crash involving an operator of a bicycle with electric assist.\nFor the purposes of this subdivision, "crash" shall mean colliding with\na vehicle, person, building or other object.\n
N.Y. ENV Law § 19-0701 — New York Code / Act ENV / Article 19 / Title 7 / Section 19-0701
Application of article
Status: in_force

§ 19-0701. Application of article.\n  The provisions of this article shall apply to all areas of the state.\n
N.Y. PBA Law § 1172 — New York Code / Act PBA / Article 5 / Title 7 / Section 1172
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1172. Title not affected if in part unconstitutional or ineffective.\nIf any section, clause or provision of this title shall be held\nunconstitutional, or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall, on account\nthereof, be deemed invalid or ineffective.\n
N.Y. PBA Law § 1562*2 — New York Code / Act PBA / Article 7 / Title 7* / Section 1562*2
Bonds legal investments for public officers
Status: in_force

* § 1562. Bonds legal investments for public officers. The bonds are\nhereby made securities in which all public officers and bodies of this\nstate and all municipalities and municipal subdivisions, all insurance\ncompanies and associations and other persons carrying on an insurance\nbusiness, all banks, bankers, trust companies, savings banks and savings\nassociations, including savings and loan associations, building and loan\nassociations, investment companies and other persons carrying on a\nbanking business, and all other persons whatsoever except as hereinafter\nprovided, who are now or may hereafter be authorized to invest in bonds\nor other obligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them; provided that\nnotwithstanding the provisions of any other general or special law to\nthe contrary, such bonds shall not be eligible for the investment of\nfunds, including capital, of trusts, estates or guardianships under the\ncontrol of individual administrators, guardians, executors, trustees and\nother individual fiduciaries. The bonds are also hereby made securities\nwhich may be deposited with and shall be received by all public officers\nand bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n  * NB Dissolved December 31, 1977\n  * NB There are 2 § 1562's\n
N.Y. VAT Law § 1129 — New York Code / Act VAT / Title 7 / Article 25 / Section 1129
Following too closely
Status: in_force

§ 1129. Following too closely. (a) The driver of a motor vehicle shall\nnot follow another vehicle more closely than is reasonable and prudent,\nhaving due regard for the speed of such vehicles and the traffic upon\nand the condition of the highway.\n  (b) The driver of any motor truck or motor vehicle drawing another\nvehicle when traveling upon a roadway outside of a business or residence\ndistrict and which is following another motor truck or motor vehicle\ndrawing another vehicle shall, whenever conditions permit, leave\nsufficient space so that an overtaking vehicle may enter and occupy such\nspace without danger, except that this shall not prevent a motor truck\nor motor vehicle drawing another vehicle from overtaking and passing any\nlike vehicle or other vehicle.\n  (c) Motor vehicles being driven upon any roadway outside of a business\nor residence district in a caravan or motorcade whether or not towing\nother vehicles shall be so operated as to allow sufficient space between\neach such vehicle or combination of vehicles so as to enable any other\nvehicle to enter and occupy such space without danger. This provision\nshall not apply to funeral processions.\n
N.Y. PBH Law § 268-A — New York Code / Act PBH / Article 2 / Title 7 / Section 268-A
Definitions
Status: in_force

§ 268-a. Definitions. For purposes of this title, the following\ndefinitions shall apply:\n  1. "Commissioner" means the commissioner of health of the state of New\nYork.\n  2. "Marketplace" means the "NY State of Health, The official health\nplan Marketplace" or "Marketplace" established as a health benefit\nexchange or "marketplace" within the department of health pursuant to\nExecutive Order 42 (Cuomo) issued April 12, 2012 and this title.\n  3. "Federal act" means the patient protection and affordable care act,\npublic law 111-148, as amended by the health care and education\nreconciliation act of 2010, public law 111-152, and any regulations or\nguidance issued thereunder.\n  4. "Health plan" means a policy, contract or certificate, offered or\nissued by an insurer to provide, deliver, arrange for, pay for or\nreimburse any of the costs of health care services. Health plan shall\nnot include the following:\n  (a) accident insurance or disability income insurance, or any\ncombination thereof;\n  (b) coverage issued as a supplement to liability insurance;\n  (c) liability insurance, including general liability insurance and\nautomobile liability insurance;\n  (d) workers' compensation or similar insurance;\n  (e) automobile no-fault insurance;\n  (f) credit insurance;\n  (g) other similar insurance coverage, as specified in federal\nregulations, under which benefits for medical care are secondary or\nincidental to other insurance benefits;\n  (h) limited scope dental or vision benefits, benefits for long-term\ncare insurance, nursing home insurance, home care insurance, or any\ncombination thereof, or such other similar, limited benefits health\ninsurance as specified in federal regulations, if the benefits are\nprovided under a separate policy, certificate or contract of insurance\nor are otherwise not an integral part of the plan;\n  (i) coverage only for a specified disease or illness, hospital\nindemnity, or other fixed indemnity coverage;\n  (j) Medicare supplemental insurance as defined in section 1882(g)(1)\nof the federal social security act, coverage supplemental to the\ncoverage provided under chapter 55 of title 10 of the United States\nCode, or similar supplemental coverage provided under a group health\nplan if it is offered as a separate policy, certificate or contract of\ninsurance; or\n  (k) the New York state medical indemnity fund established pursuant to\ntitle four of article twenty-nine-D of the public health law.\n  5. "Insurer" means an insurance company subject to article forty-two\nor a corporation subject to article forty-three of the insurance law, or\na health maintenance organization certified pursuant to article\nforty-four of the public health law that contracts or offers to contract\nto provide, deliver, arrange, pay or reimburse any of the costs of\nhealth care services.\n  6. "Stand-Alone dental plan" means a dental services plan that has\nbeen issued pursuant to applicable law and certified by the Marketplace\nin accordance with section two hundred sixty-eight-d of this title.\n  7. "Qualified health plan" means a health plan that is issued pursuant\nto applicable law and certified by the Marketplace in accordance with\nsection two hundred sixty-eight-d of this title, including a stand-alone\ndental plan.\n  8. "Insurance affordability program" means Medicaid, child health\nplus, the basic health program, the 1332 state innovation program,\npost-partum extended coverage and any other health insurance subsidy\nprogram designated as such by the commissioner.\n  9. "Eligible individual" means an individual, including a minor, who\nis eligible to enroll in an insurance affordability program or other\nhealth insurance program as determined by the commissioner.\n  10. "Qualified individual" means, with respect to qualified health\nplans, an individual, including a minor, who:\n  (a) is eligible to enroll in a qualified health plan offered to\nindividuals through the Marketplace;\n  (b) resides in this state;\n  (c) at the time of enrollment, is not incarcerated, other than\nincarceration pending the disposition of charges; and\n  (d) is, and is reasonably expected to be, for the entire period for\nwhich enrollment is sought, a citizen or national of the United States\nor a noncitizen lawfully present in the United States.\n  11. "Secretary" means the secretary of the United States department of\nhealth and human services.\n  12. "SHOP" means the small business health options program operated by\nthe Marketplace to assist eligible small employers in this state in\nselecting qualified health plans and/or other or additional health plans\ncertified by the Marketplace and to determine small employer eligibility\nfor purposes of small employer tax credits in accordance with applicable\nfederal and state laws and regulations.\n  13. "Small employer" means an employer which offers coverage where the\ncoverage such employer offers would be considered small group coverage\nunder the insurance law and regulations promulgated thereunder, provided\nthat it is not otherwise prohibited under the federal act.\n  14. "Small group market" means the health insurance market under which\nindividuals receive health insurance coverage on behalf of themselves\nand their dependents through a group health plan maintained by a small\nemployer.\n  15. "Superintendent" means the superintendent of financial services.\n  16. "Essential health benefits" shall mean the categories of benefits\ndefined in subsection (a) of section three thousand two hundred\nseventeen-i and subsection (a) of section four thousand three hundred\nsix-h of the insurance law.\n
N.Y. PBA Law § 1174-S — New York Code / Act PBA / Article 5 / Title 7-A / Section 1174-S
Effect of inconsistent provisions
Status: in_force

§ 1174-s. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other law,\ngeneral, special or local or of any charter or any local ordinance or\nresolution of any municipality the provisions of this title shall be\ncontrolling, provided that nothing contained in this section shall be\nheld to supplement or otherwise expand the powers or duties of the\nauthority otherwise set forth in this title. Nothing contained in this\ntitle shall be held to alter or abridge the powers and duties of the\ndepartment of environmental conservation or the department of health.\n
N.Y. ENV Law § 54-0707 — New York Code / Act ENV / Article 54 / Title 7 / Section 54-0707
State assistance application procedure
Status: in_force

§ 54-0707. State assistance application procedure.\n  1. A municipality, upon the approval of its governing body, may submit\nan application to the commissioner, in such form and containing such\ninformation as the commissioner may require, for state assistance\npayments toward the cost of a project which is within the state of New\nYork and which is eligible for state assistance pursuant to this title.\n  2. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects.\n  3. Upon approval of a project application, a municipality shall enter\ninto a contract, as further provided within this article, with the\ncommissioner for state assistance payments toward the cost of such\nproject to be received pursuant to this article.\n  4. No monies shall be expended for municipal waste reduction or\nrecycling projects except pursuant to an appropriation therefor.\n
N.Y. EDN Law § 6451 — New York Code / Act EDN / Title 7 / Article 130 / Section 6451
Arthur O
Status: in_force

§ 6451. Arthur O. Eve opportunity for higher education; non-public\ninstitutions. 1. To advance the cause of educational opportunity in\nhigher education, the commissioner may contract with non-public\ninstitutions of higher education for the support of special programs for\nthe screening, testing, counseling, tutoring of, and, assistance to,\nresidents of the state who are, (1) graduates of an approved high school\nor individuals who have attained a New York state high school\nequivalency diploma or its equivalent, as determined by the\ncommissioner, (2) who have potential for the successful completion of a\npost secondary program, and (3) are economically and educationally\ndisadvantaged, as defined by the regents.\n  2. To qualify for state assistance through such contracts, an\ninstitution of higher education must be a college or university\nincorporated by the regents or by the legislature, or a school of\nmedicine, dentistry or osteopathy authorized by the regents to confer\nthe degree of doctor of medicine, doctor of medical science, doctor of\ndental surgery or doctor of osteopathy and must maintain one or more\nearned degree programs culminating in an associate or higher degree.\n  3. Moneys made available to institutions through contracts shall be\nspent only for the following purposes:\n  a. Special testing, counseling and guidance services in the course of\nscreening potential enrollees;\n  b. Remedial courses, developmental or compensatory courses and summer\nclasses for such students;\n  c. Special tutoring, counseling and guidance services for such\nenrolled students;\n  d. Any necessary supplemental financial assistance, which may include\nthe cost of books and necessary maintenance for such enrolled students,\nincluding students without lawful immigration status provided that the\nstudent meets the requirements set forth in subparagraph (ii) of\nparagraph a or subparagraph (ii) of paragraph b of subdivision five of\nsection six hundred sixty-one of this chapter, as applicable; provided,\nhowever, that such supplemental financial assistance shall be furnished\npursuant to criteria promulgated by the commissioner with the approval\nof the director of the budget;\n  e. Partial reimbursement for tuition for regular academic courses\npursuant to criteria promulgated by the commissioner;\n  f. Student travel for academic activities or conferences;\n  g. Expenses related to helping students apply for and prepare for\ngraduate or professional school; and\n  h. The hiring of enrolled students participating in an Arthur O. Eve\nopportunity for higher education work-study program.\n  4. The commissioner shall promulgate regulations requiring the\nsubmission to him by any institution intending to contract with the\nstate for assistance pursuant to this section of reports in such form\nand containing such information as he shall require, concerning, but not\nlimited to, such matters as a description of the proposed program,\nestimated costs, objectives, the extent of the institution's support of\nsuch program and similar programs and the progress of students in such\nprograms, and the commissioner shall take such factors into account in\ndetermining whether to enter into a contract with such institution and\nthe terms and conditions thereof.\n  5. Contracts made pursuant to this section shall be subject to the\napproval of the director of the budget.\n  6. The commissioner shall prepare an annual report of the activities\nof the institutions which received state funds pursuant to this section\nin the preceding fiscal year, concerning, but not limited to, the\neffectiveness of each of the programs contracted for, the costs of the\nprograms and the future plans thereof and shall transmit such report to\nthe Governor and the legislature on or before the December first next\nfollowing the close of such fiscal year.\n
N.Y. LAB Law § 608 — New York Code / Act LAB / Article 18 / Title 7-A / Section 608
Maximum payments
Status: in_force

§ 608. Maximum payments. In no event shall total benefits paid in any\nbenefit year, either under this title, the other titles of this article,\nor both, exceed the maximum amount for which a claimant would be\neligible under the other titles of this article alone.\n
N.Y. EDN Law § 6204-A — New York Code / Act EDN / Title 7 / Article 125 / Section 6204-A
College opportunity to prepare for employment
Status: in_force

§ 6204-a. College opportunity to prepare for employment.  1. The city\nuniversity is authorized to enter into an agreement with the department\nof social services for the establishment of the college opportunity to\nprepare for employment (COPE) program for the development of a program\nof allowable activities and services for eligible participants in the\nfederal job opportunity and basic skills (JOBS) program.\n  2. The city university shall identify such funds as necessary,\nincluding any private funds provided for the purpose of supporting\nemployment and training services, to be used on a matching basis\nconsistent with federal requirements.\n  3. Services may include, but are not limited to, high school\nequivalency, basic education, job skills training, English-as-a-second\nlanguage, job readiness training, job placement services, case\nmanagement, career counseling and assessment, employability planning,\nsupportive services such as child care, and a youth demonstration\nactivity providing an integrated program of high school equivalency,\noccupational training, work experience, and job placement.\n  4. The city university shall submit an annual evaluation and report on\nthe college opportunity to prepare for employment program to the\ngovernor, the speaker of the assembly, the temporary president of the\nsenate, the chairman  of the assembly ways and means committee, the\nchairman of the senate finance committee, and the chair of the\nlegislative commission on skills development and career education no\nlater than October thirty-first following the program year ending June\nthirtieth. The evaluation and report shall include, at a minimum, a\ndescription of services provided, participant characteristics, data on\nmeasures of educational and job skills gains, job development and\nplacement, and retention.\n
N.Y. VAT Law § 1111-I — New York Code / Act VAT / Title 7 / Article 24 / Section 1111-I
Owner liability for failure of operator to comply with traffic-control indications; city of Peekskill
Status: in_force

* § 1111-i. Owner liability for failure of operator to comply with\ntraffic-control indications; city of Peekskill. (a) 1. Notwithstanding\nany other provision of law, the city of Peekskill is hereby authorized\nand empowered to adopt and amend a local law or ordinance establishing a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with\ntraffic-control indications in such city in accordance with the\nprovisions of this section. Such demonstration program shall empower\nsuch city to install and operate traffic-control signal photo\nviolation-monitoring devices at no more than nine intersections within\nsuch city at any one time.\n  2. Such demonstration program shall utilize necessary technologies to\nensure, to the extent practicable, that photographs produced by such\ntraffic-control signal photo violation-monitoring systems shall not\ninclude images that identify the driver, the passengers, or the contents\nof the vehicle. Provided, however, that no notice of liability issued\npursuant to this section shall be dismissed solely because a photograph\nor photographs allow for the identification of the contents of a\nvehicle, provided that such city has made a reasonable effort to comply\nwith the provisions of this paragraph.\n  (b) In any such city which has adopted a local law or ordinance\npursuant to subdivision (a) of this section, the owner of a vehicle\nshall be liable for a penalty imposed pursuant to this section if such\nvehicle was used or operated with the permission of the owner, express\nor implied, in violation of subdivision (d) of section eleven hundred\neleven of this article, and such violation is evidenced by information\nobtained from a traffic-control signal photo violation-monitoring\nsystem; provided however that no owner of a vehicle shall be liable for\na penalty imposed pursuant to this section where the operator of such\nvehicle has been convicted of the underlying violation of subdivision\n(d) of section eleven hundred eleven of this article.\n  (c) For purposes of this section, "owner" shall have the meaning\nprovided in article two-B of this chapter. For purposes of this section,\n"traffic-control signal photo violation-monitoring system" shall mean a\nvehicle sensor installed to work in conjunction with a traffic-control\nsignal which automatically produces two or more photographs, two or more\nmicrophotographs, a videotape or other recorded images of each vehicle\nat the time it is used or operated in violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe city of Peekskill in which the charged violation occurred, or a\nfacsimile thereof, based upon inspection of photographs,\nmicrophotographs, videotape or other recorded images produced by a\ntraffic-control signal photo violation-monitoring system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape or other recorded images evidencing such a\nviolation shall be available for inspection in any proceeding to\nadjudicate the liability for such violation pursuant to a local law or\nordinance adopted pursuant to this section.\n  (e) An owner liable for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to a local law or\nordinance adopted pursuant to this section shall be liable for monetary\npenalties in accordance with a schedule of fines and penalties to be set\nforth in such local law or ordinance, except that if such city by local\nlaw has authorized the adjudication of such owner liability by a parking\nviolations bureau, such schedule shall be promulgated by such bureau.\nThe liability of the owner pursuant to this section shall not exceed\nfifty dollars for each violation; provided, however, that such local law\nor ordinance may provide for an additional penalty not in excess of\ntwenty-five dollars for each violation for the failure to respond to a\nnotice of liability within the prescribed time period.\n  (f) An imposition of liability under a local law or ordinance adopted\npursuant to this section shall not be deemed a conviction as an operator\nand shall not be made part of the operating record of the person upon\nwhom such liability is imposed nor shall it be used for insurance\npurposes in the provision of motor vehicle insurance coverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection. Personal delivery on the owner shall not be required. A manual\nor automatic record of mailing prepared in the ordinary course of\nbusiness shall be prima facie evidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection, the registration number of the vehicle involved in such\nviolation, the location where such violation took place, the date and\ntime of such violation and the identification number of the camera which\nrecorded the violation or other document locator number.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which such person may\ncontest the liability alleged in the notice. Such notice of liability\nshall also contain a warning to advise the persons charged that failure\nto contest in the manner and time provided shall be deemed an admission\nof liability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the city of\nPeekskill, or by any other entity authorized by such city to prepare and\nmail such notification of violation.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law or, if there be none,\nby the court having jurisdiction over traffic infractions, except that\nif such city has established an administrative tribunal to hear and\ndetermine complaints of traffic infractions constituting parking,\nstanding or stopping violations such city may, by local law, authorize\nsuch adjudication by such tribunal.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle was reported to the\npolice department as having been stolen, it shall be a valid defense to\nan allegation of liability for a violation of subdivision (d) of section\neleven hundred eleven of this article pursuant to this section that the\nvehicle had been reported to the police as stolen prior to the time the\nviolation occurred and had not been recovered by such time. For purposes\nof asserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the traffic violations bureau,\ncourt having jurisdiction or parking violations bureau.\n  (j) 1. In such city where the adjudication of liability imposed upon\nowners pursuant to this section is by a traffic violations bureau or a\ncourt having jurisdiction, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that such owner\nsends to the traffic violations bureau or court having jurisdiction a\ncopy of the rental, lease or other such contract document covering such\nvehicle on the date of the violation, with the name and address of the\nlessee clearly legible, within thirty-seven days after receiving notice\nfrom the bureau or court of the date and time of such violation,\ntogether with the other information contained in the original notice of\nliability. Failure to send such information within such thirty-seven day\ntime period shall render the owner liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nparagraph, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection, shall be subject to liability for the violation of subdivision\n(d) of section eleven hundred eleven of this article pursuant to this\nsection and shall be sent a notice of liability pursuant to subdivision\n(g) of this section.\n  2. (i) In such city which, by local law, has authorized the\nadjudication of liability imposed upon owners by this section by a\nparking violations bureau, an owner who is a lessor of a vehicle to\nwhich a notice of liability was issued pursuant to subdivision (g) of\nthis section shall not be liable for the violation of subdivision (d) of\nsection eleven hundred eleven of this article, provided that:\n  (A) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (B) within thirty-seven days after receiving notice from the bureau of\nthe date and time of a liability, together with the other information\ncontained in the original notice of liability, the lessor submits to the\nbureau the correct name and address of the lessee of the vehicle\nidentified in the notice of liability at the time of such violation,\ntogether with such other additional information contained in the rental,\nlease or other contract document, as may be reasonably required by the\nbureau pursuant to regulations that may be promulgated for such purpose.\n  (ii) Failure to comply with clause (B) of subparagraph (i) of this\nparagraph shall render the owner liable for the penalty prescribed in\nthis section.\n  (iii) Where the lessor complies with the provisions of this paragraph,\nthe lessee of such vehicle on the date of such violation shall be deemed\nto be the owner of such vehicle for purposes of this section, shall be\nsubject to liability for such violation pursuant to this section and\nshall be sent a notice of liability pursuant to subdivision (g) of this\nsection.\n  (k) 1. If the owner liable for a violation of subdivision (d) of\nsection eleven hundred eleven of this article pursuant to this section\nwas not the operator of the vehicle at the time of the violation, the\nowner may maintain an action for indemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator failed to\nobey a traffic-control indication. For purposes of this subdivision\nthere shall be a presumption that the operator of such vehicle was\noperating such vehicle with the consent of the owner at the time such\noperator failed to obey a traffic-control indication.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of subdivision (d) of\nsection eleven hundred eleven of this article.\n  (m) Any city that adopts a demonstration program pursuant to\nsubdivision (a) of this section shall submit an annual report detailing\nthe results of the use of such traffic-control signal photo\nviolation-monitoring system to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before the first day of\nJune next succeeding the effective date of this section and on the same\ndate in each succeeding year in which the demonstration program is\noperable.  Such report shall include, but not be limited to:\n  1. a description of the locations where traffic-control signal photo\nviolation-monitoring systems were used;\n  2. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the three years preceding the installation of such\nsystem, to the extent the information is maintained by the department;\n  3. the aggregate number, type and severity of accidents reported at\nintersections where a traffic-control signal photo violation-monitoring\nsystem is used for the reporting year, as well as for each year that the\ntraffic-control signal photo violation-monitoring system has been\noperational, to the extent the information is maintained by the\ndepartment;\n  4. the number of events and number of violations recorded at each\nintersection where a traffic-control signal photo violation-monitoring\nsystem is used and in the aggregate on a daily, weekly and monthly\nbasis;\n  5. the number of notices of liability issued for violations recorded\nby such system at each intersection where a traffic-control signal photo\nviolation-monitoring system is used;\n  6. the number of fines imposed and total amount of fines paid after\nfirst notice of liability issued for violations recorded by such\nsystems;\n  7. the number and percentage of violations adjudicated and results of\nsuch adjudications including breakdowns of dispositions made for\nviolations recorded by such systems;\n  8. the total amount of revenue realized by such city from such\nadjudications including a breakdown of revenue realized by such city for\neach year since deployment of its traffic-control signal photo\nviolation-monitoring system;\n  9. expenses incurred by such city in connection with the program; and\n  10. quality of the adjudication process and its results.\n  (n) It shall be a defense to any prosecution for a violation of\nsubdivision (d) of section eleven hundred eleven of this article\npursuant to a local law or ordinance adopted pursuant to this section\nthat such traffic-control indications were malfunctioning at the time of\nthe alleged violation.\n  * NB Repealed December 1, 2030\n  * NB There are 2 § 1111-i's\n
N.Y. EDN Law § 6282 — New York Code / Act EDN / Title 7 / Article 125-B / Section 6282
Exemption from taxation
Status: in_force

§ 6282. Exemption from taxation.  The moneys and property of the fund\nand its operations shall be exempt from taxation.\n
N.Y. EDN Law § 6309 — New York Code / Act EDN / Title 7 / Article 126 / Section 6309
Reimbursement of defense costs incurred by or on behalf of community college trustees, officers and employees
Status: in_force

§ 6309. Reimbursement of defense costs incurred by or on behalf of\ncommunity college trustees, officers and employees.  1. As used in this\nsection, unless the context otherwise requires, the term "employee"\nshall mean any person holding a position by appointment or employment in\nthe service of a community college, whether or not compensated, or a\nvolunteer expressly authorized to participate in a community college\nsponsored volunteer program, but shall not include an independent\ncontractor. The term employee shall include a former employee, his or\nher estate, or judicially appointed personal representative.\n  2. (a) Upon compliance by the employee with the provisions of\nsubdivision three of this section, and subject to the conditions set\nforth in paragraph (b) of this subdivision, it shall be the duty of the\nlocal sponsor of a community college to pay reasonable attorneys' fees\nand litigation expenses incurred by or on behalf of an employee in his\nor her defense of a criminal proceeding in a state or federal court\narising out of any act which occurred while such employee was acting\nwithin the scope of his or her public employment or duties, upon his or\nher acquittal, or upon the dismissal of the criminal charges against him\nor her, or reasonable attorney's fees incurred in connection with an\nappearance before a grand jury which returns no true bill against the\nemployee where such appearance was required as a result of any act which\noccurred while such employee was acting within the scope of his or her\npublic employment or duties unless such appearance occurs in the normal\ncourse of the public employment or duties of such employee.\n  (b) Upon the application for reimbursement of reasonable attorneys'\nfees or litigation expenses, or both, made by or on behalf of an\nemployee as provided in subdivision three of this section, the local\nsponsor shall determine, based upon its investigation and its review of\nthe facts and circumstances, whether such reimbursement shall be paid.\nThe local sponsor shall notify the employee in writing of such\ndetermination. Upon determining that such reimbursement should be\nprovided, the local sponsor shall so certify to its chief fiscal\nofficer. Upon such certification, reimbursement shall be made for such\nfees or expenses, or both, upon the audit and warrant of the chief\nfiscal officer. Any dispute with regard to entitlement to reimbursement\nor the amount of litigation expenses or the reasonableness of attorneys'\nfees shall be resolved by a court of competent jurisdiction upon\nappropriate motion or by way of a special proceeding.\n  3. Reimbursement of reasonable attorneys' fees or litigation expenses,\nor both, by the local sponsor as prescribed by this section shall be\nconditioned upon (a) delivery to the local sponsor at its main business\noffice by the employee of a written request for reimbursement of\nexpenses together with, in the case of a criminal proceeding, the\noriginal or a copy of an accusatory instrument within ten days after the\nemployee is arraigned upon such instrument or, in the case of a grand\njury appearance, written documentation of evidence of such appearance\nand (b) the full cooperation of the employee in defense of any action or\nproceeding against the community college or local sponsor based upon the\nsame act, and in the prosecution of any appeal.\n  4. Except as otherwise specifically provided in this section, the\nprovisions of this section shall not be construed in any way to impair,\nalter, limit, modify, abrogate, or restrict any immunity available to or\nconferred upon any unit, entity, officer, or employee of the sponsor or\nany other level of government, or any right to defense and/or\nindemnification provided for any governmental officer or employee by, in\naccordance with, or by reason of, any other provisions of state or\nfederal statutory or common law.\n  5. If any provision of this section or the application thereof to any\nperson or circumstance by held unconstitutional or invalid in whole or\nin part by any court of competent jurisdiction, such holding of\nunconstitutionality or invalidity shall in no way affect or impair any\nother provision of this section or the application of any such provision\nto any other person or circumstances.\n
N.Y. PBA Law § 1552 — New York Code / Act PBA / Article 7 / Title 7 / Section 1552
Moneys of the authority
Status: in_force

* § 1552. Moneys of the authority. All moneys of the authority shall\nbe paid to the treasurer of the village as agent of the authority, who\nshall not commingle such moneys with any other moneys. Such moneys shall\nbe deposited in a separate bank account or accounts. The moneys in such\naccounts shall be paid out by the treasurer on requisition of the\nchairman of the authority or of such person or persons as the authority\nmay authorize to make such requisitions after audit by the treasurer.\nAll deposits of such moneys shall, if required by the treasurer or the\nauthority, be secured by obligations of the United States or of the\nstate of New York of a market value equal at all times to the amount of\nthe deposit, and all banks and trust companies are authorized to give\nsuch security for such deposits. The treasurer and his legally\nauthorized representatives are authorized and empowered from time to\ntime to examine the accounts and books of the authority, including its\nreceipts, disbursements, contracts, leases, sinking funds, investments\nand any other records and papers relating to its financial standing. The\nauthority shall have power, notwithstanding the provisions of this\nsection, to contract with the holders of any of its bonds as to the\ncustody, collection, securing, investment and payment of any moneys of\nthe authority or any moneys held in trust or otherwise for the payment\nof bonds or in any way to secure bonds, and to carry out any such\ncontract notwithstanding that such contract may be inconsistent with the\nprevious provisions of this section. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be acquired in the same manner as moneys of the\nauthority, and all banks and trust companies are authorized to give such\nsecurity for such deposits. The accounts of the authority shall be\nsubject to the supervision of the state comptroller and he or his\nlegally authorized representatives are hereby authorized and empowered\nfrom time to time to examine the accounts and books of the authority,\nincluding its receipts, disbursements, contracts, sinking funds,\ninvestments and any other matter relating to its financial standing and\nfiscal affairs. The authority shall render a complete annual account of\nits proceedings to the board of trustees at its first meeting in January\nof each and every year.\n  * NB Dissolved December 1977\n  * NB There are 2 § 1552's\n
N.Y. EDN Law § 6302 — New York Code / Act EDN / Title 7 / Article 126 / Section 6302
Authorization to establish community colleges
Status: in_force

§ 6302. Authorization to establish community colleges. 1. Any local\nsponsor, other than a community college region, acting through its local\nlegislative body or board, or other appropriate governing agency, which\nin the case of the city of New York acting as a local sponsor shall be\nthe mayor of that city, may by local law, resolution, order or\nordinance, and pursuant to the master plan, standards and regulations\nprescribed by the state university trustees and with the approval of\nsaid trustees:\n  a. Establish a community college.\n  b. Elect to participate in and pay an appropriate share of the\nexpenses involved in the community college program of any other local\nsponsor consenting to such arrangement.\n  c. Combine with one or more other local sponsors for the joint\nestablishment and operation of a community college.\n  2. Pursuant to section sixty-three hundred ten of this article, any\neligible county, city or school district acting through its local\nlegislative body or board, may by local law or resolution, and pursuant\nto the master plan, standards and regulations prescribed by the state\nuniversity trustees, and with the approval of said trustees, combine\nwith one or more contiguous counties, cities or school districts, or any\ncombination thereof, to constitute a community college region for the\npurpose of operating, as local sponsor, an existing community college\nwhich is currently sponsored by a city or school district other than a\nschool district located in a city with a population of one million or\nmore.\n  3. In the city of New York, the board of education, with the approval\nof the state university trustees, may act as a local sponsor in the\nestablishment and operation, as a community college, of a post secondary\ntechnical vocational training institution which is partly supported by\nsuch board of education and partly supported by an educational\nfoundation for an industry chartered by the board of regents. In\naddition to the community college programs and curricula authorized by\nthis article, the institution may offer such baccalaureate, masters\ndegree programs and curricula in support of its mission, in accordance\nwith standards and regulations prescribed by the state university\ntrustees, as may be authorized pursuant to the provisions of the master\nplan. Notwithstanding any other provision of law, the institution shall\nbe financed and administered in the manner provided for community\ncolleges.\n  4. Community colleges so established and operated shall be eligible to\nreceive financial assistance from the state as hereinafter provided,\nwhich shall be paid to the local sponsor or sponsors, provided, however,\nthat in the case of any local sponsor which shall have assigned such\nfinancial assistance to the dormitory authority, such payment shall be\nmade to the commissioner of taxation and finance for deposit in the\ncommunity college tuition and instructional income fund.\n  5. Whenever a plan for a community college, other than a plan for\nparticipation in a community college region, shall have been formulated\nby a county board of supervisors and approved as provided in this\nsection, the board of supervisors may submit the question of the\nestablishment of the community college contemplated by such plan to a\nreferendum at any general election at which all the voters of the county\nmay vote. The form of the proposition shall be determined by the board\nof supervisors and shall include an estimate of the county's share of\nthe initial capital cost and an estimate of the county's share of the\nannual cost of maintenance and operation. If the majority of the voters\nvoting on such proposition shall approve the establishment of the\ncommunity college, such college shall be deemed established and the\nboard of supervisors shall proceed forthwith to exercise the powers and\nauthority conferred upon it in this article.\n  6. a. Notwithstanding any other provision of law, community colleges\nestablished under this article shall have the authority to:\n  (i) Determine that the bidder on a contract for the purchase of\napparel or sports equipment is not an acceptable bidder based on either\nof the following considerations:\n  (A) the labor standards applicable to the manufacture of the apparel\nor sports equipment, including but not limited to employee compensation,\nworking conditions, employee rights to form unions, and the use of child\nlabor, or\n  (B) the bidder's failure to provide information sufficient for the\nstate agency or corporation to determine the labor conditions applicable\nto the manufacture of the apparel or sports equipment.\n  (ii) Include in the internal policies and procedures governing\nprocurement of apparel a prohibition against the purchase of apparel or\nsports equipment from any vendor based upon either or both of the\nfollowing considerations:\n  (A) the labor standards applicable to the manufacture of the apparel\nor sports equipment, including but not limited to employee compensation,\nworking conditions, employee rights to form unions, and the use of child\nlabor; or\n  (B) the bidder's failure to provide sufficient information for said\nstate agencies to determine the labor standards applicable to the\nmanufacture of the apparel or sports equipment.\n  b. For the purposes of this subdivision the term:\n  (i) "apparel" shall mean goods, such as, but not limited to, sports\nuniforms, including gym uniforms, required school uniforms, shoes,\nincluding, but not limited to, athletic shoes or sneakers, sweatshirts,\ncaps, hats, and other clothing, whether or not imprinted with a school's\nname or logo, academic regalia, lab coats and staff uniforms; and\n  (ii) "sports equipment" shall mean equipment, such as, but not limited\nto, balls, bats and other goods intended for use by those participating\nin sports and games.\n
N.Y. EDN Law § 6447 — New York Code / Act EDN / Title 7 / Article 129-B / Section 6447
Student onboarding and ongoing education
Status: in_force

§ 6447. Student onboarding and ongoing education. 1. Every institution\nshall adopt a comprehensive student onboarding and ongoing education\ncampaign to educate members of the institution's community about\ndomestic violence, dating violence, stalking, and sexual assault, in\ncompliance with applicable federal laws, including the Clery Act as\namended by the Violence Against Women Act reauthorization of 2013, 20\nU.S.C. 1092(f).\n  2. Included in this campaign shall be a requirement that all new\nfirst-year and transfer students shall, during the course of their\nonboarding to their respective institution, receive training on the\nfollowing topics, using a method and manner appropriate to the\ninstitutional culture of each institution:\n  a. The institution prohibits sexual and interpersonal violence and\nwill offer resources to any victims and survivors of such violence while\ntaking administrative and conduct action regarding any accused\nindividual within the jurisdiction of the institution;\n  b. Relevant definitions including, but not limited to, the definitions\nof sexual assault, domestic violence, dating violence, stalking,\nconfidentiality, privacy, and consent;\n  c. Policies apply equally to all students regardless of sexual\norientation, gender identity, or gender expression;\n  d. The role of the Title IX Coordinator, university police or campus\nsecurity, and other relevant offices that address domestic violence,\ndating violence, stalking, and sexual assault prevention and response;\n  e. Awareness of violence, its impact on victims and survivors and\ntheir friends and family, and its long-term impact;\n  f. Bystander intervention and the importance of taking action to\nprevent violence when one can safely do so;\n  g. Risk assessment and reduction including, but not limited to, steps\nthat potential victims, perpetrators, and bystanders can take to lower\nthe incidence of violations, which may contain information about the\ndangers of drug and alcohol use, including underage drinking and binge\ndrinking, involuntary consumption of incapacitating drugs and the danger\nof mislabeled drugs and alcohol, the importance of communication with\ntrusted friends and family whether on campus or off campus, and the\navailability of institution officials who can answer general or specific\nquestions about risk reduction; and\n  h. Consequences and sanctions for individuals who commit these crimes\nand code of conduct violations.\n  3. Every institution shall train all new students, whether first-year\nor transfer, undergraduate, graduate, or professional.\n  4. Every institution shall use multiple methods to educate students\nabout violence prevention and shall share information on domestic\nviolence, dating violence, stalking and sexual assault prevention with\nparents of enrolling students.\n  5. Every institution shall offer to all students general and specific\ntraining in domestic violence, dating violence, stalking and sexual\nassault prevention and shall conduct a campaign that complies with the\nViolence Against Women Act, 20 U.S.C. 1092(f), to educate the student\npopulation. They shall, as appropriate, provide or expand specific\ntraining to include groups such as international students, students that\nare also employees, leaders and officers of registered or recognized\nstudent organizations, and online and distance education students. They\nshall also provide specific training to members of groups that the\ninstitution identifies as high-risk populations.\n  6. Every institution shall require that each student leader and\nofficer of student organizations recognized by or registered with the\ninstitution, as well as those seeking recognition by the institution,\ncomplete training on domestic violence, dating violence, stalking, or\nsexual assault prevention prior to receiving recognition or\nregistration, and each institution shall require that each\nstudent-athlete complete training on domestic violence, dating violence,\nstalking, or sexual assault prevention prior to participating in\nintercollegiate athletic competition.\n  7. Every institution must regularly assess programs and policies\nestablished pursuant to this article to determine effectiveness and\nrelevance for students.\n
N.Y. BNK Law § 7020 — New York Code / Act BNK / Article 15 / Title 7 / Section 7020
Payment of indemnification other than by court award
Status: in_force

§ 7020. Payment of indemnification other than by court award. 1. A\nperson who has been successful, on the merits or otherwise, in the\ndefense of a civil or criminal action or proceeding of the character\ndescribed in section seven thousand nineteen shall be entitled to\nindemnification as authorized in such section.\n  2. Except as provided in subdivision one, any indemnification under\nsection seven thousand nineteen or otherwise permitted by section seven\nthousand eighteen, unless ordered by a court under section seven\nthousand twenty-one, shall be made by the corporation, only if\nauthorized in the specific case:\n  (a) By the board acting by a quorum consisting of directors who are\nnot parties to such action or proceeding upon a finding that the\ndirector or officer has met the standard of conduct set forth in section\nseven thousand nineteen or established pursuant to section seven\nthousand eighteen, as the case may be, or,\n  (b) If a quorum under paragraph (a) is not obtainable or, even if\nobtainable, a quorum of disinterested directors so directs:\n  (i) By the board upon the opinion in writing of independent legal\ncounsel that indemnification is proper in the circumstances because the\napplicable standard of conduct set forth in such sections has been met\nby such director or officer, or\n  (ii) By the stockholders upon a finding that the director or officer\nhas met the applicable standard of conduct set forth in such sections.\n  3. Expenses incurred in defending a civil or criminal action or\nproceeding may be paid by the corporation in advance of the final\ndisposition of such action or proceeding upon receipt of an undertaking\nby or on behalf of such director or officer to repay such amount as, and\nto the extent, required by subdivision one of section seven thousand\ntwenty-two.\n
N.Y. PBH Law § 268-E — New York Code / Act PBH / Article 2 / Title 7 / Section 268-E
Appeals and appeal hearings; judicial review
Status: in_force

§ 268-e. Appeals and appeal hearings; judicial review. 1. Any\napplicant or enrollee, or any individual authorized to act on behalf of\nany such applicant or enrollee, may appeal to the department from\ndeterminations of department officials or failures to make\ndeterminations upon grounds specified in subdivision four of this\nsection. The department must review the appeal de novo and give such\nperson an opportunity for an appeal hearing. The department may also, on\nits own motion, review any decision made or any case in which a decision\nhas not been made by the Marketplace or a social services official\nwithin the time specified by law or regulations of the department. The\ndepartment may make such additional investigation as it may deem\nnecessary, and the commissioner must make such determination as is\njustified and in accordance with applicable law.\n  2. Regarding any appeal pursuant to this section, with or without an\nappeal hearing, the commissioner may designate and authorize one or more\nappropriate members of his staff to consider and decide such appeals.\nAny staff member so designated and authorized will have authority to\ndecide such appeals on behalf of the commissioner with the same force\nand effect as if the commissioner had made the decisions. Appeal\nhearings must be held on behalf of the commissioner by members of his\nstaff who are employed for such purposes or who have been designated and\nauthorized by the commissioner.\n  3. Persons entitled to appeal to the department pursuant to this\nsection must include:\n  (a) applicants for or enrollees in insurance affordability programs\nand qualified health plans; and\n  (b) other persons entitled to an opportunity for an appeal hearing as\ndirected by the commissioner.\n  4. An applicant or enrollee has the right to appeal at least the\nfollowing issues:\n  (a) An eligibility determination made in accordance with this article\nand applicable law, including:\n  (i) An initial determination of eligibility, including:\n  (A) eligibility to enroll in a qualified health plan;\n  (B) eligibility for Medicaid;\n  (C) eligibility for Child Health Plus;\n  (D) eligibility for the Basic Health Program;\n  (E) eligibility for the 1332 state innovation program;\n  (F) the amount of advance payments of the premium tax credit and level\nof cost-sharing reductions;\n  (G) the amount of any other subsidy that may be available under law;\nand\n  (H) eligibility for such other health insurance programs as determined\nby the commissioner; and\n  (ii) a re-determination of eligibility of the programs under this\nsubdivision.\n  (b) An eligibility determination for an exemption for any mandate to\npurchase health insurance.\n  (c) A failure by NY State of Health to provide timely written notice\nof an eligibility determination made in accordance with applicable law.\n  5. The department may, subject to the discretion of the commissioner,\npromulgate such regulations, consistent with federal or state law, as\nmay be necessary to implement the provisions of this section.\n  6. Regarding every decision of an appeal pursuant to this section, the\ndepartment must inform every party, and his or her representative, if\nany, of the availability of judicial review and the time limitation to\npursue future review.\n  7. Applicants and enrollees of qualified health plans, with or without\nadvance payments of the premium tax credit and cost-sharing reductions,\nalso have the right to appeal to the United States Department of Health\nand Human Services appeal entity:\n  (a) appeals decisions issued by NY State of Health upon the exhaustion\nof the NY State of Health appeals process; and\n  (b) a denial of a request to vacate a dismissal made by the NY State\nof Health appeals entity.\n  8. The department must include notice of the right to appeal as\nprovided by subdivision four of this section and instructions regarding\nhow to file an appeal in any eligibility determination issued to the\napplicant or enrollee in accordance with applicable law. Such notice\nshall include:\n  (a) an explanation of the applicant or enrollee's appeal rights;\n  (b) a description of the procedures by which the applicant or enrollee\nmay request an appeal;\n  (c) information on the applicant or enrollee's right to represent\nhimself or herself, or to be represented by legal counsel or another\nrepresentative;\n  (d) an explanation of the circumstances under which the appellant's\neligibility may be maintained or reinstated pending an appeal decision;\nand\n  (e) an explanation that an appeal decision for one household member\nmay result in a change in eligibility for other household members and\nthat such a change will be handled as a redetermination of eligibility\nfor all household members in accordance with the standards specified in\napplicable law.\n
N.Y. VAT Law § 1114 — New York Code / Act VAT / Title 7 / Article 24 / Section 1114
Display of unauthorized signs, signals, or markings
Status: in_force

§ 1114. Display of unauthorized signs, signals, or markings. (a) No\nperson shall place, maintain, or display upon or in view of any highway\nany unauthorized sign, signal, marking or device which purports to be or\nis an imitation of or resembles or is likely to be construed as an\nofficial traffic-control device or railroad sign or signal, or which\nattempts to direct or regulate the movement of traffic, or which hides\nfrom view or interferes with the effectiveness of any official\ntraffic-control device or any railroad sign or signal.\n  (b) No person shall place or maintain nor shall any public authority\npermit upon any highway any traffic sign or signal bearing thereon any\ncommercial advertising.\n  (c) Every such prohibited sign, signal, or marking is hereby declared\nto be a public nuisance and any police officer or public authority is\nhereby empowered to remove the same or cause it to be removed without\nnotice.\n
N.Y. PBH Law § 4175 — New York Code / Act PBH / Article 41 / Title 7 / Section 4175
Records; unrecorded births and deaths
Status: in_force

§ 4175. Records; unrecorded births and deaths. 1. If, at any time\nafter the birth, or within one year of the death, of any person within\nthe state, a certified copy of the official record of said birth or\ndeath, with the information required to be registered by this article,\nis necessary for legal, judicial, or other proper purposes, and, after\nsearch by the commissioner or his or her representatives, it appears\nthat no such certificate of birth or death was made and filed as\nprovided by this article, then the commissioner shall immediately\nrequire the physician, nurse practitioner, or nurse-midwife who, being\nin attendance upon a birth, failed or neglected to file a certificate\nthereof, or the funeral director, undertaker, or other person who,\nhaving charge of the interment or removal of the body of a deceased\nperson, failed or neglected to file the certificate of death, if he or\nshe is living, to obtain and file at once with the local registrar such\ncertificate in as complete form as the lapse of time will permit.\n  2. With said delayed certificate shall be filed such statements\nsubscribed and affirmed by the persons making them as true under the\npenalties of perjury and other evidence as may be required by the\ncommissioner.\n  3. If the physician, nurse practitioner, nurse-midwife, funeral\ndirector, or undertaker responsible for the report is deceased or cannot\nbe located, then the person making application for the certified copy of\nthe record may file such certificate of birth or death together with\nsuch statements subscribed and affirmed by the persons making them as\ntrue under the penalties of perjury and other evidence as the\ncommissioner may require.\n  4. The commissioner shall file such certificate and issue a certified\ncopy thereof to said applicant without fee.\n  5. The delinquent physician, nurse practitioner, nurse-midwife,\nfuneral director, undertaker, or other person may, in the discretion of\nthe commissioner, be prosecuted as required by this article, without bar\nfrom the statute of limitations, if he or she neglects or fails to file\npromptly the certificate required by this section.\n
N.Y. PBH Law § 3385-A — New York Code / Act PBH / Article 33 / Title 7 / Section 3385-A
Access to criminal history information
Status: in_force

§ 3385-a. Access to criminal history information. Upon such terms and\nconditions as the commissioner of the division of criminal justice\nservices agrees, authorized employees of the department's bureau of\nnarcotic enforcement, designated by the commissioner pursuant to\nsubdivision two of section three thousand three hundred eighty-five of\nthis title, may access criminal history information in the central data\nfacility established pursuant to subdivision six of section eight\nhundred thirty-seven of the executive law upon request to the director\nof the bureau of narcotic enforcement demonstrating the necessity for\nsuch access as part of an identified, ongoing criminal investigation.\nAny information obtained as a result of such access shall not be\ndisseminated to persons not authorized to access such criminal history\ninformation.\n
N.Y. PML Law § 1362 — New York Code / Act PML / Article 13 / Title 7 / Section 1362
Prevention and outreach efforts
Status: in_force

§ 1362. Prevention and outreach efforts. 1. Each gaming facility\nlicensee, management company, and holding company involved in the\napplication and ownership or management of a gaming facility shall\nprovide to the commission, as applicable, an applicant's problem\ngambling plan. An applicant's problem gambling plan shall be approved by\nthe commission before the commission issues or renews a license. Each\nplan shall at minimum include the following:\n  (a) The goals of the plan and procedures and timetables to implement\nthe plan;\n  (b) The identification of the individual who will be responsible for\nthe implementation and maintenance of the plan;\n  (c) Policies and procedures including the following:\n  (1) The commitment of the applicant and the gaming facility licensee\nto train appropriate employees;\n  (2) The duties and responsibilities of the employees designated to\nimplement or participate in the plan;\n  (3) The responsibility of patrons with respect to responsible\ngambling;\n  (4) Procedures for compliance with the voluntary exclusion program;\n  (5) Procedures to identify patrons and employees with suspected or\nknown problem gambling behavior, including procedures specific to\nloyalty and other rewards and marketing programs;\n  (6) Procedures for providing information to individuals regarding the\nvoluntary exclusion program and community, public and private treatment\nservices, gamblers anonymous programs and similar treatment or addiction\ntherapy programs designed to prevent, treat, or monitor problem gamblers\nand to counsel family members;\n  (7) Procedures for responding to patron and employee requests for\ninformation regarding the voluntary exclusion program and community,\npublic and private treatment services, gamblers anonymous programs and\nsimilar treatment or addiction therapy programs designed to prevent,\ntreat, or monitor compulsive and problem gamblers and to counsel family\nmembers;\n  (8) The provision of printed material to educate patrons and employees\nabout problem gambling and to inform them about the voluntary exclusion\nprogram and treatment services available to problem gamblers and their\nfamilies. The applicant shall provide examples of the materials to be\nused as part of its plan, including, brochures and other printed\nmaterial and a description of how the material will be disseminated;\n  (9) Advertising and other marketing and outreach to educate the\ngeneral public about the voluntary exclusion program and problem\ngambling;\n  (10) An employee training program, including training materials to be\nutilized and a plan for periodic reinforcement training and a\ncertification process established by the applicant to verify that each\nemployee has completed the training required by the plan;\n  (11) Procedures to prevent underage gambling;\n  (12) Procedures to prevent patrons impaired by drugs or alcohol, or\nboth, from gambling; and\n  (13) The plan for posting signs within the gaming facility, containing\ninformation on gambling treatment and on the voluntary exclusion\nprogram. The applicant shall provide examples of the language and\ngraphics to be used on the signs as part of its plan;\n  (d) A list of community, public and private treatment services,\ngamblers anonymous programs and similar treatment or addiction therapy\nprograms designed to prevent, treat, or monitor problem gamblers and to\ncounsel family members; and\n  (e) Any other information, documents, and policies and procedures that\nthe commission requires.\n  2. Each applicant or gaming facility licensee shall submit any\namendments to the problem gambling plan to the commission for review and\napproval before implementing the amendments.\n  3. Each gaming facility licensee shall submit an annual summary of its\nproblem gambling plan to the commission.\n  4. Each gaming facility licensee shall submit quarterly updates and an\nannual report to the commission of its adherence to the plans and goals\nsubmitted under this section.\n
N.Y. PBA Law § 1568 — New York Code / Act PBA / Article 7 / Title 7* / Section 1568
Inconsistent provisions in other acts superseded
Status: in_force

* § 1568. Inconsistent provisions in other acts superseded. In so far\nas the provisions of this title are inconsistent with the provisions of\nany other act, general or special, or of any local law of the village,\nthe provisions of this title shall be controlling.\n  * NB Dissolved December 31, 1977\n
N.Y. VAT Law § 1122 — New York Code / Act VAT / Title 7 / Article 25 / Section 1122
Overtaking a vehicle on the left
Status: in_force

§ 1122. Overtaking a vehicle on the left. The following rules shall\ngovern the overtaking and passing of vehicles proceeding in the same\ndirection, subject to those limitations, exceptions, and special rules\nhereinafter stated:\n  (a) The driver of a vehicle overtaking another vehicle proceeding in\nthe same direction shall pass to the left thereof at a safe distance and\nshall not again drive to the right side of the roadway until safely\nclear of the overtaken vehicle.\n  (b) Except when overtaking and passing on the right is permitted, the\ndriver of an overtaken vehicle shall give way to the right in favor of\nthe overtaking vehicle on audible signal and shall not increase the\nspeed of his vehicle until completely passed by the overtaking vehicle.\n
N.Y. VAT Law § 1263 — New York Code / Act VAT / Title 7 / Article 34-B / Section 1263
Carrying articles
Status: in_force

§ 1263. Carrying articles. No person riding or leading a horse shall\ncarry any package, bundle, or article which prevents such person from\nkeeping at least one hand upon the reins.\n
N.Y. LAB Law § 591-A — New York Code / Act LAB / Article 18 / Title 7 / Section 591-A
Self-employment assistance program
Status: in_force

* § 591-a. Self-employment assistance program. 1. The department is\nhereby authorized and empowered to establish and operate a\nself-employment assistance program as authorized pursuant to subsection\n(t) of section 3306 of the internal revenue code.\n  2. For the purposes of this section, the term "self-employment\nassistance program" means a program under which:\n  (a) individuals who meet the requirements described in paragraph (c)\nof this subdivision are eligible to receive an allowance in lieu of\nregular unemployment benefits for the purpose of assisting such\nindividuals in establishing a business and becoming self-employed;\n  (b) the allowance payable to individuals pursuant to paragraph (a) of\nthis subdivision is payable in the same amount, at the same interval, on\nthe same terms, and subject to the same conditions, as regular\nunemployment benefits and the sum of any allowance paid under this\nsection and regular benefits, as defined in this section, paid for any\nbenefit year shall not exceed the maximum amount of benefits payable\nunder this article, except:\n  (i) requirements relating to total unemployment, as defined in section\nfive hundred twenty-two of this article, availability for work and\nsearch for work, as set forth in subdivision two of section five hundred\nninety-one of this title and refusal to accept work, as set forth in\nsubdivision two of section five hundred ninety-three of this title, are\nnot applicable to such individuals;\n  (ii) requirements relating to disqualifying income, as set forth in\nsections five hundred twenty-five and five hundred ninety of this\narticle, are not applicable to income earned from self-employment\nentered into by such individuals as a result of their participation in\nself-employment assistance programs as defined in this section; and\n  (iii) such individuals are considered to be unemployed for the\npurposes of laws applicable to unemployment benefits, as long as such\nindividuals meet the requirements applicable under this subdivision;\n  (c) individuals may receive the allowance described in paragraph (a)\nof this subdivision if such individuals:\n  (i) are eligible to receive regular unemployment benefits or would be\neligible to receive such benefits except for the requirements set forth\nin subparagraphs (i) and (ii) of paragraph (b) of this subdivision. For\npurposes of this section, regular unemployment benefits means benefits\npayable under this article, including benefits payable to federal\ncivilian employees and to ex-servicemen and servicewomen pursuant to 5\nUSC Chapter 85, and benefits authorized to be used for the\nself-employment assistance program pursuant to the Federal-State\nExtended Unemployment Compensation Act of 1970 but excluding additional\nbenefits;\n  (ii) are identified pursuant to a worker profiling system as\nindividuals likely to exhaust regular unemployment benefits;\n  (iii) are participating in self-employment assistance activities\napproved by the department and by the department of economic development\nwhich include but need not be limited to entrepreneurial training,\nbusiness counseling, and technical assistance, including financing\nassistance for qualified individuals as appropriate, offered by\nentrepreneurship assistance centers established pursuant to section two\nhundred eleven of the economic development law, state university of New\nYork small business development centers, programs offered by\ncommunity-based organizations, local development corporations, and\nboards of cooperative educational services (BOCES) as established\npursuant to section one thousand nine hundred fifty of the education\nlaw; and, unless otherwise required by federal law or regulation, no\nindividual shall be prohibited from or disqualified from eligibility for\nthe program if prior to applying for the program, an individual has\nprinted business cards or has a website that is designed but not active,\nand neither are being used to solicit or conduct business;\n  (iv) are actively engaged on a full-time basis in activities, which\nmay include training, relating to the establishment of a business and\nbecoming self-employed;\n  (v) are not individuals who have previously participated in\nself-employment assistance programs pursuant to this section; and\n  (d) the aggregate number of individuals receiving the allowance under\nthe program does not at any time exceed five percent of the number of\nindividuals receiving regular unemployment benefits at such time.\n  3. Each self-employment assistance program applicant shall provide at\na minimum, in such form and at such time as the commissioner may\nprescribe, the following information:\n  (a) a description of the proposed self-employment;\n  (b) a description of such applicant's knowledge of experience in\nself-employment or such applicant's knowledge of and experience with the\nparticular product to be manufactured, produced, processed, distributed\nor sold or service to be provided;\n  (c) the names and addresses of such applicant's previous employers\nduring the two years immediately preceding the date of applying for\nregular unemployment insurance benefits; and a\n  (d) a description of each applicant's work activity and the\napplicant's previous employer's activity at the work locations to which\nthe applicant was assigned during said two year period.\n  4. Among individuals seeking participation in a self-employment\nassistance program, the department shall give preference to those\nindividuals who propose businesses not likely to compete directly with\nthe business of any base period employer of the individual.\n  * NB Repealed December 7, 2027\n
N.Y. BNK Law § 7007 — New York Code / Act BNK / Article 15 / Title 7 / Section 7007
Quorum of directors
Status: in_force

§ 7007. Quorum of directors. 1. Subject to subdivision two of this\nsection, unless a greater proportion is required by the organization\ncertificate, a majority of the entire board shall constitute a quorum\nfor the transaction of business or of any specified item of business,\nexcept that the organization certificate or the by-laws may fix the\nquorum at less than a majority of the entire board but not less than\none-third thereof.\n  2. Notwithstanding any provision contained in its organization\ncertificate, a bank or trust company, stock-form savings bank, or\nstock-form savings and loan association may provide in its by-laws the\nnumber of directors necessary to constitute a quorum at meetings of its\nboard. Such number shall not be less than five nor less than one-third\nof the entire board except that a bank or trust company, stock-form\nsavings bank, or stock-form savings and loan association having not more\nthan seven directors may provide for a quorum of not less than a\nmajority of such directors.\n
N.Y. BNK Law § 7008 — New York Code / Act BNK / Article 15 / Title 7 / Section 7008
Action by the board
Status: in_force

§ 7008. Action by the board. 1. Any reference in this chapter to\ncorporate action to be taken by the board, other than the approval\nrequired by section five hundred eleven of this chapter, shall mean such\naction at a meeting of the board. Except as otherwise provided in this\nchapter, the vote of a majority of the directors present at the time of\nthe vote, if a quorum is present at such time, shall be the act of the\nboard.\n  2. When authorized by the organization certificate of incorporation or\nthe by-laws, any one or more members of the board or any committee\nthereof may participate in a meeting of such board or committee by means\nof a conference telephone or similar communications equipment allowing\nall persons participating in the meeting to hear each other at the same\ntime. Participation by such means shall constitute presence in person at\na meeting.\n  3. The superintendent shall have the power to determine by regulation\nthe circumstances under which any action required or permitted to be\ntaken at any meeting of the board of directors of a banking organization\nmay be taken without a meeting if all members of the board consent\nthereto in writing and the resolution and written consents thereto are\nfiled with the minutes of the proceedings of the board.\n
N.Y. ENV Law § 33-0701 — New York Code / Act ENV / Article 33 / Title 7 / Section 33-0701
Scope of registration
Status: in_force

§ 33-0701. Scope of registration.\n  Every pesticide which is used, distributed, sold, or offered for sale\nwithin this state or delivered for transportation or transported in\nintrastate commerce or between points within this state through any\npoint outside this state shall be registered every two years with the\noffice of the commissioner; provided that any pesticide imported into\nthis state, which is registered under the provisions of any federal act\nproviding for the registration of pesticides may, in the discretion of\nthe commissioner, be exempted from registration under this article, when\nsold or distributed in the unbroken immediate container in which it was\noriginally shipped.\n
N.Y. VAT Law § 1265 — New York Code / Act VAT / Title 7 / Article 34-B / Section 1265
Wearing of helmets
Status: in_force

§ 1265. Wearing of helmets. 1. No person less than eighteen years of\nage shall ride a horse unless such person is wearing a helmet meeting or\nexceeding ASTM F1163 (Safety Equipment Institute certified) Equestrian\nStandard. For purposes of this section, "certified" shall mean that the\nhelmet's manufacturer agrees to the rules and provisions of a system\nthat includes independent testing and quality control audits, and that\neach helmet manufactured by such manufacturer is permanently marked with\nthe certifying body's registered mark or logo before such helmet is sold\nor offered for sale. For the purposes of this section, wearing a helmet\nmeans having a helmet fastened securely upon the head using the\nmanufacturer's fitting guidelines for the particular model used.\n  2. Any person who violates the provisions of this section shall pay a\ncivil fine not to exceed two hundred fifty dollars. A police officer\nshall only issue a summons for a violation of this section by a person\nless than eighteen years of age to the parent or guardian of such person\nif the violation by such person occurs in the presence of such person's\nparent or guardian and where such parent or guardian is eighteen years\nof age or more. Such summons shall only be issued to such parent or\nguardian, and shall not be issued to the person less than eighteen years\nof age.\n  3. (a) The court shall waive any civil fine for which a person who\nviolates the provisions of this section would be liable if such person\nsupplies the court with proof that between the date of violation and the\nappearance date for such violation such person purchased or rented a\nhelmet.\n  (b) The court may waive any civil fine for which a person who violates\nthe provisions of the section would be liable if the court finds that\ndue to reasons of economic hardship such person was unable to purchase a\nhelmet.\n  4. The failure of any person to comply with the provisions of this\nsection shall not constitute contributory negligence or assumption of\nrisk, and shall not in any way bar, preclude or foreclose an action for\npersonal injury or wrongful death by or on behalf of such person, nor in\nany way diminish or reduce the damages recoverable in any such action.\n
N.Y. PBA Law § 1157 — New York Code / Act PBA / Article 5 / Title 7 / Section 1157
Notes of the authority
Status: in_force

§ 1157. Notes of the authority. The authority shall have power and is\nhereby authorized to issue negotiable bond anticipation notes in\nconformity with applicable provisions of the uniform commercial code and\nmay renew the same from time to time but the maximum maturity of any\nsuch note, including renewals thereof, shall not exceed five years from\nthe date of issue of such original note. Such notes shall be paid from\nany moneys of the authority available therefor and not otherwise pledged\nor from the proceeds of sale of the bonds of the authority in\nanticipation of which they were issued. The notes shall be issued in the\nsame manner as the bonds and such notes and the resolution or\nresolutions authorizing the same may contain any provisions, conditions\nor limitations which the bonds or a bond resolution of the authority may\ncontain. Such notes may be sold at public or private sale at not less\nthan par and shall bear interest at a rate not exceeding five per centum\nper annum. Such note shall be as fully negotiable as the bonds of the\nauthority.\n
N.Y. EDN Law § 6350 — New York Code / Act EDN / Title 7 / Article 127 / Section 6350
Leave of absence for military service
Status: in_force

§ 6350. Leave of absence for military service. Whenever a student who\nis: (a) a member of the national guard or other reserve component of the\narmed forces of the United States and is called or ordered to active\nduty, as defined in 10 USC § 101(d)(1), or (b) a member of the state\norganized militia, and is called or ordered to active duty for the\nstate, as defined in subdivision one of section six of the military law,\nthe institution of higher education in which the student is enrolled\nshall grant the student a military leave of absence from the institution\nwhile such student is serving on active duty, and for one year after the\nconclusion of such service.\n
N.Y. EDN Law § 6275 — New York Code / Act EDN / Title 7 / Article 125-B / Section 6275
General powers
Status: in_force

§ 6275. General powers. The fund shall have the following powers in\naddition to those specially conferred elsewhere in this article:\n  (1) to sue and to be sued;\n  (2) to have a seal and alter the same at its pleasure;\n  (3) to make and alter by-laws for its organization and internal\nmanagement;\n  (4) to prescribe a system of accounts, with the approval of the state\ncomptroller;\n  (5) to accept jurisdiction over and to hold, use and improve, in\naccordance with such terms and conditions as the fund and the city\nuniversity shall determine any or all real property acquired by, under\nthe jurisdiction of, or assigned to the use of the board of higher\neducation for purposes of the city university, together with such rights\nand privileges as may be incidental and appurtenant thereto;\n  (6) to purchase real property necessary or convenient for its\ncorporate purposes in its own name and to execute and deliver deeds for\nreal property held in its own name;\n  (7) to purchase, receive, lease or otherwise acquire personal property\nnecessary and convenient for its corporate purposes and to transfer,\nsublease or otherwise make such personal property available to the board\nof higher education or the dormitory authority or to sell or otherwise\nto dispose of such personal property that, in the judgment of the fund,\nis no longer necessary for its corporate purposes;\n  (8) subject to other provisions of law, to give, donate, transfer,\ngrant or lend to the city university upon such terms and conditions as\nis deemed appropriate such sums of money as are not required for other\npurposes;\n  (9) to make and execute contracts, leases, subleases and all other\ninstruments or agreements necessary or convenient for the exercise of\nits corporate powers and purposes to an amount not exceeding one hundred\nfifty thousand dollars without prior approval by any other state officer\nor agency; notwithstanding the foregoing, all contracts, leases,\nsubleases, and all other instruments or agreements exceeding one hundred\nfifty thousand dollars in amount shall be subject to section one hundred\ntwelve of the state finance law;\n  (10) with the consent of the board of higher education, to use the\nagents, employees and facilities of the city university;\n  (11) to engage the services of construction, engineering,\narchitectural, legal and financial consultants, surveyors and\nappraisers, on a contract basis or as employees, for professional\nservice and technical assistance and advice;\n  (12) to cause facilities to be designed, constructed, acquired,\nreconstructed, rehabilitated, improved, operated, maintained, furnished\nand equipped and made secure in accordance with the provisions of this\narticle;\n  (13) to procure insurance against loss in connection with any facility\nin such amounts and from such insurers as it deems desirable;\n  (14) to accept, administer and disburse federal, state, and city aid;\nand\n  (15) to do any and all things necessary or convenient to carry out its\ncorporate powers and purposes.\n
N.Y. EDN Law § 6222 — New York Code / Act EDN / Title 7 / Article 125 / Section 6222
Admission of non-residents of the city of New York to each community college of the city university
Status: in_force

§ 6222. Admission of non-residents of the city of New York to each\ncommunity college of the city university. 1. In addition to admitting\nresidents of the city of New York, each city university community\ncollege shall, in accordance with the provisions of this section, admit\nnon-residents of New York city as students.\n  2. (a) The methods and procedures for the admission of such\nnon-resident students to the city university of New York community\ncolleges shall be in accordance with the provisions of section\nsixty-three hundred five of this title. Notwithstanding any inconsistent\nprovision of law, any reference contained in such section sixty-three\nhundred five to the state university trustees or to the chancellor of\nthe state university of New York shall, for the purposes of this\nsection, be deemed to mean and refer to the board of trustees and the\nchancellor of the city university of New York, respectively.\n  (b) Provided, further, in accordance with section six thousand three\nhundred five of this title, the chief fiscal officer of each county, as\ndefined in section 2.00 of the local finance law, shall, upon\napplication and submission to him of satisfactory evidence, issue to any\nperson desiring to enroll in a community college as a non-resident\nstudent, a certificate of residence form showing that said person is a\nresident of said county. If the chief fiscal officer of a county refuses\nto issue such a certificate on the ground that the person applying\ntherefor is not a resident of such county, the person applying may\nappeal to the chancellor of the city university. The chancellor of the\ncity university shall make a determination after a hearing, upon ten\ndays' notice to such chief fiscal officer of the county, and such\ndetermination shall be final and binding on the county. Such person\nshall, upon his registration for each college year, file with the\ncollege such a certificate of residence form issued not earlier than two\nmonths prior thereto, and such certificate of residence form shall be\nvalid for a period of one year from the date of issuance.\n  3. The city university board of trustees shall work in conjunction\nwith the state university board of trustees for the purposes of\nexamining the laws, regulations, and policies regarding community\ncollege charges for non-resident students and submitting a report to the\nlegislature pursuant to subdivision eleven of section sixty-three\nhundred five of this title.\n
N.Y. ENV Law § 9-0715 — New York Code / Act ENV / Article 9 / Title 7 / Section 9-0715
Cooperating owner
Status: in_force

§ 9-0715. Cooperating owner.\n  A cooperating forest or farm woodland owner shall be an owner of\nforest land within a forest region who shall agree with the commissioner\nor his representative to comply with the approved forest practice\nstandards of the forest region, in which his land is located, for a\nspecified period of time which may be extended from time to time by\nmutual consent and may be reduced to writing at the option of the\ncommissioner. The failure of such owner to comply with the provisions of\nsuch agreement will relieve the commissioner and the state forthwith\nfrom the obligation to render to any such failing owner any state\nassistance provided for in section 9-0713. The commissioner may provide\nlimited or sample services to non-cooperating owners with such owners'\nconsent and without agreement.\n
N.Y. EDN Law § 6305 — New York Code / Act EDN / Title 7 / Article 126 / Section 6305
Non-resident and out-of-state students
Status: in_force

§ 6305. Non-resident and out-of-state students. 1. In addition to\nadmitting residents of its own local sponsor or sponsors, each community\ncollege shall, within the quota and under the conditions prescribed by\nthe state university trustees, admit non-resident students and\nout-of-state students.\n  2. Any community college may, with the approval of the state\nuniversity trustees, charge non-resident students sufficient tuition and\nfees to cover an allocable portion of the local sponsor's share of the\noperating costs of such community college in addition to regular tuition\nand fees.  Such community college may elect to charge to and collect\nfrom each county within the state which has issued a certificate or\ncertificates of residence pursuant to subdivision three of this section\non the basis of which such non-resident students are attending such\ncommunity college, an allocable portion of the local sponsor's share of\nthe operating costs of such community college attributable to such\nnon-resident students, computed on a per student basis, together with a\nfurther sum of not to exceed three hundred dollars each year to be\ndetermined and approved by the state university trustees for each such\nnon-resident student on account of the local sponsor's share of the\ncapital costs incurred to provide facilities in which such non-resident\nstudents can be accommodated; or, where such non-resident students come\nfrom communities which have elected to participate in and pay an\nappropriate share of the expenses involved in the local sponsor's\ncommunity college program, such allocable portion of operating expenses\nand such further sum not to exceed three hundred dollars per student for\ncapital costs on account of their residents attending such community\ncollege shall be determined and approved by the state university\ntrustees, and be charged to and collected from such communities.\n  3. The chief fiscal officer of each county, as defined in section 2.00\nof the local finance law, shall, upon application and submission to such\nchief fiscal officer of satisfactory evidence in-person or\nelectronically, issue to any person desiring to enroll in a community\ncollege as a non-resident student, a certificate of residence form\nshowing that said person is a resident of said county. No such chief\nfiscal officer shall require a person desiring to enroll in a community\ncollege as a non-resident student to disclose or furnish his or her\nsocial security number. If the chief fiscal officer of a county refuses\nto issue such a certificate on the ground that the person applying\ntherefor is not a resident of such county, or that such person is not\nsubject to rules or regulations promulgated under subdivision four-a of\nthis section, the person applying may appeal, in writing, electronically\nor by mail, to the chancellor of the state university. The chancellor of\nthe state university, or such officers or employees thereof as shall be\ndesignated by the chancellor in a manner authorized by the state\nuniversity trustees, shall make a determination after a hearing, upon\nten days' notice to such chief fiscal officer of the county, and such\ndetermination shall be final and binding on the county. Such person\nshall, upon registration for each college year, file with the college\nsuch a certificate of residence form issued not earlier than two months\nprior thereto, and such certificate of residence form shall be valid for\na period of one year from the date of issuance. The state university\ntrustees shall be authorized to promulgate regulations to effectuate the\nprovisions of this subdivision.\n  4. If, pursuant to subdivision two of this section, a community\ncollege elects to charge to and collect an allocable portion of the\noperating costs and a further sum on account of capital costs of such\ncollege from each county which has issued a certificate form or\ncertificates of residence forms pursuant to subdivision three of this\nsection, on the basis of which non-resident students are attending such\ncommunity college, the president of such community college shall, within\nforty-five days after the commencement of each college term or program,\nor as otherwise provided by rules or regulations promulgated pursuant to\nsubdivision four-a of this section, submit to the chief fiscal officer\nof each county a list of non-resident students attending such college on\nthe basis of such certificates of residence form and a voucher for the\namount payable by each county for these students. Such list and voucher\nshall be determined on the basis of non-resident students enrolled in\nthe program as of the end (or last day) of the third week of the\ncommencement for a program scheduled for one semester, the end of the\nsecond for a program scheduled for an academic quarter and the end of\nthe first week for any program scheduled to be completed in thirty days\nor less. The chancellor of the state university, or such officers or\nemployees thereof as shall be designated by the chancellor in the manner\nauthorized by the state university trustees, shall notify the chief\nfiscal officers of each county of the approved annual operating and\ncapital charge-back rate for each community college. The amount billed\nto the chief fiscal officer of each county by the president of such\ncommunity college as a charge for the allocable portion of the operating\ncosts and a further sum on account of capital costs of such college for\nnon-resident students shall be paid to the chief fiscal officer of such\ncollege by the billed county no later than sixty days after the county\nreceives said billing.\n  4-a. Notwithstanding any provision of law, rule, or regulation to the\ncontrary, the state university trustees are authorized and directed to\npromulgate rules or regulations setting forth: (a) a schedule of late\nfees and exceptions thereof for a student submitting a certificate of\nresidence form after the deadline otherwise prescribed by subdivision\nfour of this section for such submission, but within the relevant\nsemester or term; and (b) a reconciliation process for valid forms\nreceived after the list of non-resident students was sent to a county\npursuant to subdivision four of this section.\n  5. Amounts payable to such colleges by a county pursuant to this\nsection shall be a general county charge; provided, however, that with\nrespect to the amounts allocable to each community college a county may\ncharge back such amounts in whole or in part to the cities and towns in\nthe county in proportion to the number of students who, on the basis of\ncertificates of residence issued by such county, were attending each\nsuch college as non-residents of the local sponsors thereof during the\nterms for which the county has been charged, and who were residents of\neach such city or town at the beginning of such terms.\n  7. In the case of counties comprising the city of New York, references\nin this section to a county shall mean the city of New York and\nreferences in this section to the chief fiscal officer of a county shall\nmean the comptroller of the city of New York.\n  8. Part-time and out-of-state students shall be charged such tuition\nand fees as may be approved by the state university trustees. Any\nstudent attending a community college who is a member or the spouse or\nthe dependent of a member of the armed forces of the United States on\nfull-time active duty and stationed in this state, whether or not a\nresident of this state, shall be charged the tuition rate for residents\nas approved by the state university trustees. Any student attending a\ncommunity college in accordance with the federal GI bills and in\ncompliance with all applicable eligibility requirements thereof, whether\nor not a resident of this state, shall be charged the tuition rate for\nresidents as approved by the state university trustees. Any student\nattending a community college who is the spouse or the dependent of a\nmember of the armed forces of the United States on full-time active duty\nand not stationed in this state immediately following being stationed\ntherein, whether or not a resident of this state, shall be charged the\ntuition rate for residents as approved by the state university trustees.\n  8-a. The payment of tuition and other fees and charges of a student\nwho is attending a community college and who is not a legal resident of\nNew York state but is a United States citizen, a permanent lawful\nresident, an individual who is granted U or T non-immigrant status\npursuant to the Victims of Trafficking and Violence Protection Act of\n2000, a person granted temporary protected status pursuant to the\nFederal Immigration Act of 1990, an individual of a class of refugees\nparoled by the attorney general of the United States under his or her\nparole authority pertaining to the admission of noncitizens to the\nUnited States, or an applicant without lawful immigration status may be\nreduced by state-aided programs, scholarships and other financial\nassistance awarded under the provisions of articles thirteen,\nthirteen-A, fourteen and fourteen-A of this chapter, provided that the\nstudent meets the requirements set forth in subparagraph (ii) of\nparagraph a or subparagraph (ii) of paragraph b of subdivision five of\nsection six hundred sixty-one of this chapter, as applicable.\n  9. A community college may expend moneys collected as capital charges\nreceived from counties of nonresident students for up to one-half the\npurchase price of equipment. A community college may include up to\none-half the purchase price of equipment in calculating capital charges\ncollected from counties of nonresident students. Such expenditures shall\nbe made pursuant to guidelines promulgated in rules and regulations of\nthe board of trustees of the state university. In no event shall such\nexpenditures qualify for state aid as capital costs.\n  10. On or before March thirty-first, nineteen hundred ninety-five and\nevery year thereafter, the state shall reimburse each county which has\nissued a certificate of residence for any non-resident student in\nattendance at the fashion institute of technology during the nineteen\nhundred ninety-three--ninety-four academic year and every year\nthereafter in an amount equal to fifty percent of the actual amount paid\nby such county on behalf of such students and on or before June first,\nnineteen hundred ninety-five and every year thereafter, the state shall\nreimburse each county for the remaining fifty percent of the actual\namount paid by each such county on behalf of such students.\n  12. Such calculated chargeback rates shall be set on an academic year\nbasis and shall not vary by semester within each academic year, and no\nretroactive charge shall be billed to any county based on an increased\nchargeback rate after the commencement of each annual academic year.\n  13. Beginning in the two thousand fourteen--two thousand fifteen\nacademic year, the state university of New York and the city university\nof New York shall develop an on-line training program to be made\navailable to each county treasurer and/or financial officer, to provide\ninformation regarding chargeback fees and guidance concerning common\nforms, timelines, and policies relating to chargeback fees and the\npayment thereof.\n  14. Beginning in the two thousand fourteen--two thousand fifteen\nacademic year, the state university of New York and the city university\nof New York shall assist in the development and implementation of an\non-line or electronic billing system, to be available to the counties of\nthis state, for the payment of chargeback fees.\n
N.Y. SOS Law § 113 — New York Code / Act SOS / Article 3 / Title 7 / Section 113
Participation in research and demonstration projects
Status: in_force

§ 113.  Participation in research and demonstration projects.  Public\nwelfare districts are authorized to sponsor, conduct and participate in\nthe operation of such research and demonstration projects as the\ndepartment may approve, for the purpose of reducing dependency and\neliminating the causes thereof.  Public welfare districts shall\ncooperate with the department in the conduct of such projects whenever\nthe department shall request or require such participation and\ncooperation.\n
N.Y. VAT Law § 1251 — New York Code / Act VAT / Title 7 / Article 34-A / Section 1251
Riding on motorcycles
Status: in_force

§ 1251. Riding on motorcycles. (a) A person operating a motorcycle\nshall ride only upon the permanent and regular seat attached thereto,\nand such operator shall not carry any other person nor shall any other\nperson ride on a motorcycle unless such motorcycle is designed to carry\nmore than one person, in which event a passenger may ride upon the\npermanent and regular seat if designed for two persons, or upon another\nseat firmly attached to the motorcycle at the rear or side of the\noperator.\n  (b) A person shall ride upon a motorcycle only while sitting astride\nthe seat, facing forward, with one leg on each side of the motorcycle,\nunless said person is seated in a sidecar affixed to said motorcycle.\n  (c) No person shall operate a motorcycle while carrying any package,\nbundle or other article which prevents him from keeping both hands on\nthe handlebars.\n  (d) No operator shall carry any person, nor shall any person ride, in\na position that will interfere with the operation or control of the\nmotorcycle or the view of the operator.\n
N.Y. ELN Law § 8-712 — New York Code / Act ELN / Article 8 / Title 7 / Section 8-712
Online early mail ballot tracking system
Status: in_force

§ 8-712. Online early mail ballot tracking system. 1. The state board\nof elections shall establish and maintain an electronic early mail\nballot tracking system. In accordance with technical specifications\nprovided by the state board of elections, each local board of elections\nshall maintain an early mail ballot tracking system integrated with the\nstate board's system, and which may be integrated with the United States\npostal service tracking system, to allow a voter who has submitted an\napplication for an early mail ballot to track the status of an early\nmail ballot application and an early mail ballot on the state board or\nlocal board website.\n  2. Such website shall not require users to create an account but shall\nrequire verification that the user is accessing their own record through\nthe inclusion of data identifying the voter and the board of elections\nat which the voter is registered, and any other information required by\nthe state board of elections.\n  3. The ballot tracking system shall indicate to the voter if the\nboard:\n  (a) received such voter's application for an early mail ballot;\n  (b) approved or rejected such application and, if rejected, an\nindication of the reason for such rejection;\n  (c) mailed or delivered an early mail ballot to such voter, the date\nof such mailing or delivery, and the expected date of receipt;\n  (d) received the ballot back as undeliverable;\n  (e) received such voter's completed early mail ballot;\n  (f) determined the ballot envelope was subject to a cure; and\n  (g) counted or rejected such voter's completed early mail ballot and,\nif rejected, a brief statement of the reason for rejection.\n  4. The electronic early mail ballot tracking system shall be combined\non a single website with the electronic absentee ballot tracking system\ncreated pursuant to section 8-414 of this article.\n
N.Y. VAT Law § 1203-C — New York Code / Act VAT / Title 7 / Article 32 / Section 1203-C
Off street parking spaces for the handicapped
Status: in_force

§ 1203-c. Off street parking spaces for the handicapped. 1. Any\nperson, firm or corporation owning a shopping center or facility with at\nleast five separate retail stores and at least twenty off street parking\nspaces which are provided for use by the shopping public must designate\nas only for the handicapped and clearly mark for use by the handicapped\na minimum of five percent of such parking spaces or ten such spaces\nwhichever is less. These spaces must be located as close as reasonably\npracticable to the shopping center facility and reasonably distributed\nso as to provide convenient access for use by handicapped drivers. Such\nparking spaces are to be used either by handicapped drivers displaying a\nspecial municipal parking permit (as defined in section twelve hundred\nthree-a of this chapter and distributed by the commissioner of motor\nvehicles to local governing bodies to be issued to handicapped persons\nwho reside in such locality) or by motor vehicles registered in\naccordance with section four hundred four-a of this chapter and being\nused for the transportation of a handicapped person.\n  2. (a) The parking spaces designated pursuant to the provisions of\nthis section shall be clearly identified for use by handicapped persons\nwhich designation shall include conspicuous and permanently installed\nabove grade signs which display the international symbol of access and\nwhich shall be positioned from the parking space surface at a height of\nnot less than five feet nor more than seven feet and may include the use\nof blue painted lines or markings. Such parking spaces also may be\nmarked as tow-away zones.\n  (b) Whenever a person, firm or corporation creates an off-street\nparking lot or parking garage, or repaves or repaints more than one-half\nof the total number of parking spaces in an off-street parking lot or\nparking garage, which contains designated handicapped parking spaces, or\ncreates designated handicapped parking spaces in an off-street parking\nlot or parking garage, or repaves or repaints more than one-half of the\ntotal number of designated handicapped parking spaces in an off-street\nparking lot or parking garage, the size of designated handicapped\nparking spaces and designated handicapped parking space access aisles\neach shall be at least eight feet wide. Such access aisles also shall be\n(i) clearly designated with conspicuous and permanently installed above\ngrade signs which shall read "No Parking Anytime" and which shall be\npositioned from the access aisle surface at a height of not less than\nfive feet nor more than seven feet, and (ii) marked with diagonal\nstripes.\n  3. A violation of this section by any person, firm or corporation\nowning a shopping center or facility with at least five separate retail\nstores and at least twenty off street parking spaces which are provided\nfor use by the shopping public who fails to provide spaces only for the\nhandicapped and clearly marked for use by the handicapped in accordance\nwith this section, shall be punishable by a fine up to two hundred fifty\ndollars.\n  4. Except as otherwise provided by local law which imposes a larger\nmaximum fine, any person who stops, stands or parks in spaces clearly\nmarked for use by the handicapped either: (a) in accordance with this\nsection; or (b) in the parking area of a shopping center or facility\nwith at least one but less than five separate retail stores and at least\ntwenty off street parking spaces provided for use by the shopping\npublic, in accordance with the state fire prevention and building code,\nwithout a special vehicle identification parking permit, a special\nmunicipal parking permit or whose motor vehicle is not registered in\naccordance with section four hundred four-a of this chapter and being\nused for the transportation of a handicapped person; or with such permit\nor registration and such person is not the one to whom the permit or\nregistration was issued or is not transporting the person issued the\npermit or registration; or any person who parks in a handicapped parking\naccess aisle; shall be subject to a fine of not less than fifty dollars\nnor more than seventy-five dollars for the first offense and\nseventy-five to one hundred fifty dollars for the second offense\noccurring within a period of two years within the same municipality. The\narresting or ticketing officer shall issue a summons to violators of\nthis section. A ticketing officer issuing a summons pursuant to this\nsection may provide for the removal and storage of a motor vehicle\nillegally parked in a handicapped parking space, or a handicapped\nparking access aisle.\n  5. As used in this section, the term "handicapped" shall also include\na "severely disabled person" as defined in section four hundred four-a\nof this chapter.\n  6. Notwithstanding any other state or local law to the contrary, a\nstate, county or municipal law enforcement officer seeking to enforce\nsubdivision four of this section may enter onto the parking lot of any\nshopping center or facility as described in subdivision one or four of\nthis section or any other parking lot as described in the state fire\nprevention and building code, which is required to contain accessible\nand designated parking spaces for people with disabilities, regardless\nof the existence or absence of any state or local law or rule otherwise\npermitting or restricting such access for such law enforcement officer.\n
N.Y. PBA Law § 654 — New York Code / Act PBA / Article 3 / Title 7 / Section 654
Powers of the authority
Status: in_force

§ 654. Powers of the authority. The authority shall have power\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes;\n  4. To acquire in the name of the county by purchase or condemnation,\nand use real property necessary or convenient for its corporate\npurposes, including real property of municipal corporations, public\nutilities and railroads. All real property acquired by the authority by\ncondemnation shall be acquired in the manner provided in the eminent\ndomain procedure law, or in the Nassau county administrative code. The\npower to acquire real property hereby granted shall include the power to\nacquire Atlantic beach bridge and any or all rights or franchises\nconnected with the operation of said bridge which it may be necessary or\nconvenient for the authority to acquire;\n  * 4. a. To acquire in the name of the county by purchase, lease or\ngift, and use real property necessary or convenient for its corporate\npurposes, including real property of municipal corporations, public\nutilities and railroads except that no real property may be acquired by\nthe authority for any park, playground, beach or other recreational\nfacility which is not owned by the county of Nassau on April first,\nnineteen hundred seventy-three, and such real property must be located\nwithin the county of Nassau and, in addition, must be located within one\nmile and one-half from any point of the Atlantic Beach bridge. The power\nto acquire real property hereby granted shall include the power to\nacquire Atlantic beach bridge and any or all rights or franchises\nconnected with the operation of said bridge which it may be necessary or\nconvenient for the authority to acquire;\n  b. The Nassau county bridge authority, having been granted the power\nto acquire real property owned by the county of Nassau for a park,\nplayground, beach or other recreational facility, shall have the power\nand authority with respect to such property, to pay or transfer out of\nany authority funds available to it, annual sums in lieu of taxes to the\naffected taxing jurisdiction, in order that no inequitable loss of\nrevenue shall be suffered by virtue of such park, playground, beach or\nother recreational facility; provided further, that the amount so paid\nor transferred for any year shall not exceed the sum last levied for the\nbenefit of such taxing jurisdiction as an annual tax on such property\nprior to the time of its acquisition for such purpose or purposes;\n  c. As used in this subdivision, the term "taxing jurisdiction" means\nany municipal corporation or district corporation, including any school\ndistrict or any special district, having the power to levy and collect\ntaxes and benefit assessments upon real property which has been acquired\nby the authority for park, playground, beach or other recreational\nfacility purpose, or in whose behalf such taxes or benefit assessments\nmay be levied or collected.\n  * NB Expired June 30, 1976\n  5. To make by-laws for the management and regulation of its affairs,\nand subject to agreements with the noteholders and bondholders, for the\nregulation of the use of the project and the establishment and\ncollection of tolls, fees, rentals and other charges;\n  6. With the consent of the county to use agents, employees and\nfacilities of the county, including the county attorney, paying to the\ncounty its agreed proportion of the compensation or costs;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as hereinafter provided;\n  8. To make contracts, and to execute all instruments necessary or\nconvenient;\n  9. To construct a new bridge across Reynolds channel, together with\nthe approaches thereto, and all structures and facilities necessary or\nconvenient in connection therewith. Such new bridge shall be in the\ncounty of Nassau within one-half mile of the Atlantic beach bridge.\nPursuant to an agreement with, or the consent of, the city of New York,\nthe authority shall have power (but shall be under no obligation except\nas provided in any such agreement), to design, construct, reconstruct,\nwiden, grade, surface and otherwise improve, existing or new roads,\nstreets, avenues, parkways or service roads in said city as approaches\nto or connections with said new bridge on lands or rights of way now\nowned or hereafter acquired by said city. Such agreement may provide for\nthe improvements to be made by the authority and the city, respectively,\nfor the acquisition of land or rights of way by the city, for the part\nor share of the cost of such improvements and acquisitions to be paid by\nthe authority and the city, respectively, and for the manner of payment\nthereof. The city shall maintain all the roads, streets, avenues,\nparkways and service roads so improved and shall pay the cost and\nexpense thereof.\n  9-a. To relocate Bannister creek to the east of its present location,\nin case such relocation is necessary or desirable.\n  10. To reconstruct, improve, maintain and operate the project or part\nor parts thereof;\n  11. After the acquisition of the Atlantic Beach bridge and after the\nconstruction of a new bridge over Reynolds channel in its discretion to\ndemolish and take down the Atlantic Beach bridge.\n  12. To accept grants, loans or highway contributions from the United\nStates, the state of New York, or any agency or instrumentality of\neither of them and to expend the proceeds for any corporate purposes;\n  13. To fix and collect tolls, fees, rentals and other charges for the\nuse of the project subject to and in accordance with such agreements\nwith noteholders and bondholders as may be made as hereinafter provided;\n  14. To construct and maintain over, under, along, within or across the\nproject telephone, telegraph, or electric wires and cables, gas mains,\nwater mains and other mechanical equipment not inconsistent with the\nappropriate use of the project and to contract for such construction and\nto lease the right to construct or use the same on such terms and for\nsuch considerations as it shall determine; provided, however, that no\nsuch lease shall be made except with the approval of the county\nlegislature nor for a period of more than twenty years from the date\nwhen it is made;\n  15. To construct and maintain facilities for the public, not\ninconsistent with the use of the project, to contract for such\nconstruction, and to lease the right to construct or use such facilities\non such terms and for such considerations as it shall determine;\nprovided, however, that no such lease shall be made for a period of more\nthan five years except with the approval of the county legislature, nor,\nwith such approval, for a period of more than twenty years from the date\nwhen it is made.\n  16. To lease property of the authority to the Atlantic Beach fire\ndistrict or its designee for the purpose of constructing and operating a\nrescue station on such property; provided, however, that no such lease\nshall be made except with the approval of the county legislature nor for\na period of more than thirty years from the date when it is made.\n
N.Y. ENV Law § 21-0719 — New York Code / Act ENV / Article 21 / Title 7 / Section 21-0719
Budget
Status: in_force

§ 21-0719. Budget.\n  The Delaware river basin commission shall submit annually to the\nDirector of the Budget, in accordance with the rules and practice of the\nstate, for study and consideration by such Director, an estimate of\nmoneys required to administer, manage and support the commission during\nthe ensuing fiscal year.  Such estimate shall include any request for\nappropriation of funds by New York and shall be accompanied by a\ntabulation of similar requests which the commission expects to make to\neach other member state and the formula or factors upon which such\nrespective requests are based. The provisions of subdivision three of\nsection thirteen of article thirteen of the compact shall apply to the\nbudgetary and other fiscal matters related to the participation of this\nstate in the compact.\n
N.Y. ENV Law § 11-0703 — New York Code / Act ENV / Article 11 / Title 7 / Section 11-0703
General provisions
Status: in_force

§ 11-0703. General provisions.\n  1. a. The privileges of the licenses and stamps defined in section\n11-0701 may be exercised only at the times and places, and in the manner\nand to the extent, permitted by provisions of the Fish and Wildlife Law\nand applicable regulations of the department, including provisions\ncontained and regulations authorized in sections of the Fish and\nWildlife Law other than those specifically referred to in section\n11-0701.\n  b. No license or stamp authorizes the holder (a) to trespass upon\nprivate lands or waters or to interfere with property belonging to\nanother person; (b) to take fish or wildlife on an Indian reservation;\n(c) to enter upon, or to take or disturb fish or wildlife upon, state\nlands or waters posted by the department except in accordance with a\nwritten permit from the department or an order adopted by the\ndepartment; (d) to take any fish or wildlife in any area closed to the\ntaking of fish or wildlife, or to take any species of fish, wildlife or\nprotected insect in an area closed to the taking of such species.\n  2. Except as provided in section 11-0704 of this title, no license,\npermit, tag or privilege is transferable. No person shall alter, change,\nlend to another or attempt to transfer to another any license or any\npermit, tag or privilege issued therewith. No person, while hunting,\nshall possess a license, permit, tag or privilege which was issued to\nanother person unless actually accompanied by the person to whom such\nlicense, permit, tag or privilege was issued. No person shall purchase,\npossess or use more than one hunting license, trapping license,\nbowhunting privilege, muzzle-loading privilege or special permit for the\ncurrent license year, except as permitted by regulation of the\ndepartment. Notwithstanding the prohibitions contained in this\nsubdivision, the department may authorize by rule or regulation the\ntransfer of deer management permits, issued pursuant to section 11-0913\nof this article, to any person licensed to hunt deer pursuant to this\ntitle.\n  3. Any license, stamp or certificate in lieu of a lost or destroyed\nlicense, obtained by fraud, or by a person not authorized to hold it, or\nwho makes a false statement in applying for it, is void.\n  4. a. Non-resident bear tags are issuable only to non-residents and\npersons who have been residents for less than thirty days immediately\npreceding the date of application.\n  b. A person is ineligible for a hunting license, trapping license,\nbowhunting privilege or muzzle-loading privilege unless such person\nmeets the requirements of subdivision 3 of section 11-0713 of this\ntitle.\n  c. Only the following persons are eligible for resident fees: (1)\npersons who have been residents in the state for thirty days immediately\nprior to the date of application for the licenses, or who are enrolled\nas full-time students at a college or university within the state and\nwho are in residence in the state for the school year, or who are out of\nstate or foreign exchange high school students enrolled as full-time\nstudents in a high school within the state and who are in residence in\nthe state for the school year; (2) Indian residents or members of the\nsix nations residing on any reservation wholly or partly within the\nstate; and (3) members of the United States armed forces in active\nservice, stationed in this state, regardless of the place of residence\nat the time of entry into the service.\n  d. Only persons who possess a hunting license are eligible for a\nbowhunting privilege or muzzle-loading privilege.\n  e. A person under the age of twelve years is ineligible for a hunting\nlicense.\n  5. a. One-day and seven-day fishing licenses expire on the date stated\non them.\n  b. A fishing license issued without charge to a resident as formerly\nprovided in subdivision 2 of section 11-0715, shall remain effective for\nthe life of the licensee.\n  c. A special antlerless deer license is effective during the special\nopen season for which it is issued.\n  d. All other licenses and privileges defined in section 11-0701 are\neffective for a license year beginning September 1 and ending August 31;\nprovided, however, a fishing license shall remain effective one year\nfrom the date on which it was issued.\n  6. a. Except as provided in section 11-0707 and section 11-0709 of\nthis title, no person shall (1) hunt wildlife unless such person holds\nand is entitled to exercise the privileges of a hunting license; (2)\nhunt antlerless deer in a special open season therefor pursuant to\nsubdivision 6 of section 11-0903 of this article unless such person\nholds and is entitled to exercise the privileges of and has on his or\nher person while so hunting a hunting license, bowhunting privilege or\nmuzzle-loading privilege, and a special antlerless deer license; (3)\ntake fish or frogs in the manner described in subdivision 4 of section\n11-0701 of this title unless such person is entitled to exercise the\nprivileges of a fishing license; (4) trap wildlife unless such person\nholds a trapping license.\n  b. Except as provided in section 11-0707 and section 11-0709 of this\ntitle, no person shall (1) hunt wild deer or bear unless such person\nholds and is entitled to exercise the privileges of a hunting license,\nand meets the requirements of this article; (2) hunt wild deer or bear\nwith a longbow in a special longbow season unless such person holds and\nis entitled to exercise the privileges of a hunting license with a\nbowhunting privilege and meets the requirements of this article; or (3)\nhunt wild deer or bear with a muzzle-loading firearm in a special\nmuzzle-loading firearm season unless such person is at least fourteen\nyears old and holds a hunting license with a muzzle-loading privilege\nand meets the requirements of this article.\n  c. No non-resident shall hunt wild bear unless such person holds a\nhunting license and a non-resident bear tag and meets the requirements\nof this article.\n