N.Y. VAT Law § 401 — New York Code / Act VAT / Title 4 / Article 14 / Section 401
Registration of motor vehicles; fees; renewals
Status: in_force

§ 401. Registration of motor vehicles; fees; renewals. 1. Registration\nby owners. a. No motor vehicle shall be operated or driven upon the\npublic highways of this state without first being registered in\naccordance with the provisions of this article, except as otherwise\nexpressly provided in this chapter.\n  b. Every owner of a motor vehicle which shall be operated or driven\nupon the public highways of this state shall, except as otherwise\nexpressly provided, cause to be presented, by mail or otherwise, to the\noffice or a branch office of the commissioner, or to any agent of the\ncommissioner, constituted as provided in this chapter, an application\nfor registration addressed to the commissioner, and on a blank to be\nprepared under the direction of and furnished by the commissioner for\nthat purpose, containing: (a) a brief description of the motor vehicle\nto be registered, including the name and factory number of such vehicle,\nand such other facts as the commissioner shall require; (b) the weight\nof the vehicle upon which the registration fee is based if the fee is\nbased on weight; (c) the name and residence, including county of the\nowner of such motor vehicle; (d) provided that, if such motor vehicle is\nused or to be used as an omnibus, the applicant also shall so certify,\nand in the case of an omnibus also certify as to the seating capacity,\nand if the omnibus is to be operated wholly within a municipality\npursuant to a franchise other than a franchise express or implied in\narticles of incorporation upon certain streets designated in such\nfranchise, those facts shall also be certified, and a certified copy of\nsuch franchise furnished to the commissioner; (e) provided, that, if\nsuch motor vehicle is an altered livery, the applicant shall so furnish\na certified copy of the length of the center panel of such vehicle,\nprovided, however, that the commissioner shall require such proof, as he\nmay determine is necessary, in the application for registration and\nprovided further, if the center panel of such vehicle exceeds one\nhundred inches, the commissioner shall require proof that such vehicle\nis in compliance with all applicable federal and state motor vehicle\nsafety standards; and (f) such additional facts or evidence as the\ncommissioner may require in connection with the application for\nregistration. Every owner of a trailer shall also make application for\nthe registration thereof in the manner herein provided for an\napplication to register a motor vehicle, but shall contain a statement\nshowing the manufacturer's number or other identification satisfactory\nto the commissioner and no number plate for a trailer issued under the\nprovisions of subdivision three of section four hundred two of this\nchapter shall be transferred to or used upon any other trailer than the\none for which number plate is issued. The commissioner shall require\nproof, in the application for registration, or otherwise, as such\ncommissioner may determine, that the motor vehicle for which\nregistration is applied for is equipped with lights conforming in all\nrespects to the requirements of this chapter, and no motor vehicle shall\nbe registered unless it shall appear by such proofs that such motor\nvehicle is equipped with proper lights as aforesaid. The said\napplication shall contain or be accompanied by such evidence of the\nownership of the motor vehicle described in the application as may be\nrequired by the commissioner or his agent and which, with respect to new\nvehicles, shall include, unless otherwise specifically provided by the\ncommissioner, the manufacturer's statement of origin. Applications\nreceived by an agent of the commissioner shall be forwarded to the\ncommissioner as he shall direct for filing. No application for\nregistration shall be accepted unless the applicant is at least sixteen\nyears of age.\n  2. Registration record. Upon the receipt of a sufficient application\nfor registration of a motor vehicle or trailer, as provided in this\narticle, the commissioner, or the agent receiving it, shall register\nsuch motor vehicle or trailer and maintain a record of the registration\nof such vehicle under the distinctive number assigned to such motor\nvehicle or trailer as provided in this section, and the information in\nsuch record may be obtained upon payment of the fees specified in\nsection two hundred two of this chapter.\n  3. Certificates of registration. a. Upon filing of such application\nand the payment of the fee hereinafter provided, the commissioner shall\nassign to such motor vehicle a distinctive number and, without expense\nto the applicant, issue and deliver in such manner as the commissioner\nmay select to the owner a certificate of registration, in such form as\nthe commissioner shall prescribe, and two number plates at a place\nwithin the state of New York named by the applicant in his or her\napplication. A number plate, within the meaning of this chapter, may, in\nthe discretion of the commissioner, be a plate of a permanent nature,\ntreated with reflectorized material according to specifications\nprescribed by the commissioner, and with a date tag attached to such\nplate or to the vehicle as prescribed by regulations of the commissioner\nindicating the validity of the plate during a certain period and the\nissuance of such a number plate with such date tag to a person\npossessing such a number plate shall be deemed the issuance of a number\nplate. An additional fee, not to exceed twenty-five dollars, shall be\npaid to the commissioner whenever a set of reflectorized number plates\nis issued for any vehicle for which a registration fee is normally\ncharged except that, with respect to any number plate which is\nspecifically requested by the applicant, such fee shall be paid to the\ncommissioner upon approval of such request. In the event of the loss,\nmutilation or destruction of any certificate of registration, any number\nplate or set of number plates whether with or without a date tag or\ntags, or any date tag or set of date tags provided for in this article,\nthe owner of a registered motor vehicle may file such statement and\nproof of the facts as the commissioner shall require, with a fee of\nthree dollars, in the office of the commissioner, or, unless and until\nthe commissioner shall otherwise direct, in the office of the agent who\nissued the certificate, plate, plates, tag or tags and the commissioner\nor his or her agent, as the case may be, shall issue a duplicate or\nsubstitute. It shall be the duty of every owner holding a certificate of\nregistration to notify the commissioner in writing of any change of\nresidence of such person within ten days after such change occurs, and\nto inscribe on such certificate, in the place provided by the\ncommissioner, a record of such change of residence.\n  b. During a registration period the commissioner may, upon application\nby the owner of a registered motor vehicle and upon payment of a fee of\nthree dollars and seventy-five cents, change the distinctive number\nassigned to such motor vehicle and issue a new set of number plates\nprovided the original registration and number plates are surrendered.\nNotwithstanding any inconsistent provision of this section, the\ndifference collected between the fees set forth in this subdivision in\neffect on and after September first, two thousand nine and the fees set\nforth in this subdivision in effect prior to such date shall be\ndeposited to the credit of the dedicated highway and bridge trust fund.\n  c. The commissioner may waive the payment of fees required by\nparagraph a of this subdivision if the applicant is a victim of crime\nand the certificate of registration or number plates applied for are a\nreplacement for those that were lost or destroyed as a result of the\ncrime.\n  d. In processing any application for a certificate of registration\npursuant to this article or to title eleven of this chapter, the\ncommissioner shall provide the applicant with informational materials\ndescribing the lead-acid battery management, return and collection\nrequirements set forth in title seventeen of article twenty-seven of the\nenvironmental conservation law, and the used oil management, recycling\nand disposal requirements set forth in title twenty-three of article\ntwenty-three of the environmental conservation law. Such informational\nmaterials shall be distributed at the first opportunity and periodically\nthereafter.\n  4. Carrying certificate of registration. Any magistrate, motor vehicle\ninspector, peace officer, acting pursuant to his special duties, or\npolice officer may request that the operator of any motor vehicle\nproduce for inspection the certificate of registration for such vehicle\nand such operator shall furnish to such magistrate, inspector, peace\nofficer or police officer any information necessary for the\nidentification of such vehicle and its owner, and all information\nrequired concerning his license to operate, if he is required by law to\nhave such a license, and shall, if required, sign his name in the\npresence of such magistrate, inspector, peace officer or police officer\nas a further means of identification. The production of a license to a\nmagistrate, inspector, peace officer or police officer shall be prima\nfacie evidence in a prosecution for a violation of any provision of this\nchapter, other than section three hundred ninety-two of this chapter,\nthat the person who so produced the license is the person identified on\nsuch license. Provided, however, that a photostatic copy of the\ncertificate of registration may be produced in lieu of the original\ncertificate. If a vehicle does not have affixed a validating sticker\nwhich indicates the plate number, the vehicle identification number and\nthe expiration date of the registration, the failure to produce the\ncertificate of registration, or a photostatic copy of such certificate,\nshall be presumptive evidence of operating a motor vehicle or trailer\nwhich is not registered as required by this article.\n  5. Times for registration, reregistration and renewal; proportionate\nfees. a. Registrations, reregistrations and renewals shall take effect\nand expire on dates determined by the commissioner. However, where the\nexpiration date of the registration of any vehicle, except a taxi or an\nomnibus, falls on a Saturday, Sunday or state holiday, such registration\nshall be valid for the operation of such vehicle until midnight of the\nnext day on which state offices shall be open for business. Provided,\nhowever, that renewal of a registration may be used preceding the\nexpiration date of such registration including such expiration date.\nProvided, further, however, that where the required proof of\nregistration consists of an expired registration for the same vehicle,\nissued to the same person applying for the registration or renewal, and\nthe expired registration certificate and number plates and date tags\nissued for such registration had not been surrendered to the\ncommissioner on or before the expiration date of such registration, the\ncommissioner may in his discretion deem such application to be a renewal\nof the expired registration and require that the fee paid for such\nregistration be computed as if the registration had been made prior to\nthe date of expiration of the expired registration.\n  b. The fee for the renewal of a registration shall be the same as the\nannual registration fee, and, where a registration or renewal is for a\nperiod of more or less than one calendar year, the annual fees as\nprovided in this section shall be increased or reduced proportionately\non a daily computation basis, except that where the annual registration\nfee for such vehicle would amount to ten dollars or less, the fee shall\nnot be so prorated.\n  c. Notwithstanding any other provision of this article, the\ncommissioner shall issue registrations and renewals of registrations for\nmotor vehicles for which a registration fee established in paragraph a\nof subdivision six of this section is required to be paid and for motor\nvehicles having a maximum gross weight of not more than eighteen\nthousand pounds for which a registration fee established in paragraph\none of schedule B of subdivision seven of this section is required to be\npaid for a period of not less than two years. In addition, the full\namount of any other charges, taxes or fees which would be required to be\npaid to, or collected by, the commissioner during the entire\nregistration period if registrations were issued for twelve month\nperiods shall be paid to the commissioner at the time of such\nregistration or renewal of registration. The commissioner shall\npromulgate rules and regulations for the issuance of registration\nrenewals extended as required in this paragraph. However, such\nregulations may provide that the initial issuance of extended renewals\nbe accomplished over a two year period. The commissioner may by\nregulation exempt from the provisions of this paragraph registrations\nfor motor vehicles issued in conjunction with any long-term registration\nprogram or registration reciprocity or proration agreement which this\nstate has established or to which this state is a party.\n  5-a. Denial of registration or renewal. a.  (i) If at the time of\napplication for a registration or renewal thereof there is a\ncertification from a court, parking violations bureau, traffic and\nparking violations agency, traffic camera violations bureau or\nadministrative tribunal of appropriate jurisdiction that the registrant\nor their representative failed to appear on the return date or any\nsubsequent adjourned date or failed to comply with the rules and\nregulations of an administrative tribunal following entry of a final\ndecision in response to a total of three or more summonses or other\nprocess in the aggregate, issued within an eighteen month period,\ncharging either that: (i) such motor vehicle was parked, stopped or\nstanding, or that such motor vehicle was operated for hire by the\nregistrant or their agent without being licensed as a motor vehicle for\nhire by the appropriate local authority, in violation of any of the\nprovisions of this chapter or of any law, ordinance, rule or regulation\nmade by a local authority; or (ii) the registrant was liable for a\nviolation of subdivision (d) of section eleven hundred eleven of this\nchapter imposed pursuant to a local law or ordinance imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with traffic-control indications through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; or (iii) the\nregistrant was liable for a violation of subdivision (b), (c), (d), (f)\nor (g) of section eleven hundred eighty of this chapter imposed pursuant\nto a demonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such posted\nmaximum speed limits through the installation and operation of photo\nspeed violation monitoring systems, in accordance with article thirty of\nthis chapter; or (iv) the registrant was liable for a violation of bus\nlane restrictions as defined by article twenty-four of this chapter\nimposed pursuant to a bus rapid transit program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with such bus lane restrictions through the installation and\noperation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; or (v) the registrant was liable for a\nviolation of section eleven hundred seventy-four of this chapter when\nmeeting a school bus marked and equipped as provided in subdivisions\ntwenty and twenty-one-c of section three hundred seventy-five of this\nchapter imposed pursuant to a local law or ordinance imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with school bus red visual signals through the installation\nand operation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter; or (vi) the\nregistrant was liable for a violation of section three hundred\neighty-five of this chapter and the rules of the applicable covered\nagency or covered authority as such terms are defined in article ten of\nthis chapter in relation to gross vehicle weight and/or axle weight\nviolations imposed pursuant to a weigh in motion demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with such gross vehicle weight and/or axle\nweight restrictions through the installation and operation of weigh in\nmotion violation monitoring systems, in accordance with article ten of\nthis chapter; or (vii) the registrant was liable for a violation of\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such posted maximum speed limits within a highway\nconstruction or maintenance work area through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter, or (viii) the registrant was liable\nfor a violation of bus operation-related traffic regulations as defined\nby article twenty-four of this chapter imposed pursuant to a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such bus\noperation-related traffic regulations through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter, the commissioner or their agent\nshall deny the registration or renewal application until the applicant\nprovides proof from the court, traffic and parking violations agency,\ntraffic camera violations bureau or administrative tribunal wherein the\ncharges are pending that an appearance or answer has been made or in the\ncase of an administrative tribunal that such applicant has complied with\nthe rules and regulations of said tribunal following entry of a final\ndecision. Where an application is denied pursuant to this section, the\ncommissioner may, in their discretion, deny a registration or renewal\napplication to any other person for the same vehicle and may deny a\nregistration or renewal application for any other motor vehicle\nregistered in the name of the applicant where the commissioner has\ndetermined that such registrant's intent has been to evade the purposes\nof this subdivision and where the commissioner has reasonable grounds to\nbelieve that such registration or renewal will have the effect of\ndefeating the purposes of this subdivision. Such denial shall only\nremain in effect as long as the summonses remain unanswered, or in the\ncase of an administrative tribunal, the registrant fails to comply with\nthe rules and regulations following entry of a final decision.\n  (ii) For purposes of this paragraph, the term "motor vehicle operated\nfor hire" shall mean and include a taxicab, livery, coach, limousine or\ntow truck.\n  b. If at the time of application by any person for a registration or\nrenewal thereof there is a certification from a court or an agency or\nadministrative tribunal with regulatory or adjudicatory authority over\nvan services or other such common carriers of passengers in any city\nwith a population of over one million pursuant to subdivision five of\nsection eighty of the transportation law that there remains unpaid a\npenalty imposed by such agency or administrative tribunal or court\nfollowing entry of a decision or order, including a decision or order in\na proceeding in which there has been a failure to appear or pay, in\nresponse to a notice of violation, summons or other process issued\ncharging that the vehicle was operated as a van service or other such\ncommon carrier of passengers without the operating authority required by\nsuch local law or ordinance, the commissioner or the commissioner's\nagent shall impose a vehicle identification number block and deny the\nregistration or renewal application until the applicant provides proof\nfrom the court or agency or other administrative tribunal wherein the\ncharges were adjudicated that such penalty has been paid in full or the\nviolation has been corrected to its satisfaction. Where an application\nis denied pursuant to this paragraph, the commissioner may, in the\ncommissioner's discretion, deny a registration or renewal application\nfor any other motor vehicle registered in the name of the applicant\nwhere the commissioner has determined that such registrant's intent has\nbeen to evade the purposes of this paragraph and where the commissioner\nhas reasonable grounds to believe that such registration or renewal will\nhave the effect of defeating the purposes of this paragraph. Such\nvehicle identification number block and denial shall only remain in\neffect until the penalty has been paid in full or the violation has been\ncorrected to the satisfaction of the court, city agency or\nadministrative tribunal.\n  c. The commissioner may promulgate such regulations as are necessary\nto effectuate the provisions of this subdivision, including provisions\nfor the recovery of the administrative costs of the program incurred for\neach municipality. The commissioner may, in his discretion, refuse to\nprocess a certification received from a court or administrative tribunal\nin any municipality which has failed to comply with the provisions of\nsection five hundred fourteen of this chapter or which does not have an\neffective program for enforcing suspension and revocation orders issued\nby the department.\n  6. Registration fees.  a. The following fees shall be paid to the\ncommissioner, or agent, upon the registration or reregistration of a\nmotor vehicle, including a suburban, in accordance with the provisions\nof this article:\n  If such motor vehicle, fully equipped, weighs thirty-five hundred\npounds or less, eighty-one cents for each one hundred pounds or major\nfraction thereof; if such motor vehicle, fully equipped, weighs more\nthan thirty-five hundred pounds, eighty-one cents for each one hundred\npounds up to thirty-five hundred pounds, and one dollar and twenty-one\ncents for each hundred pounds, or major fraction thereof, in excess of\nthirty-five hundred pounds; provided, however, that the total fees for\nthe registration or reregistration of any passenger motor vehicle\npropelled by electricity shall be sixteen dollars and eighteen cents, of\na six, eight, or twelve cylinder motor vehicle not less than sixteen\ndollars and eighteen cents, and of any other motor vehicle not less than\ntwelve dollars and ninety-five cents; and provided further that for\nmotor vehicles described in subdivision seven of this section, the fee\nfor such registration shall be as therein prescribed. Provided further,\nhowever, that the maximum registration fee under this paragraph shall\nnot exceed seventy dollars and eight cents per registration year. For\nthe purposes of this section a "suburban" shall be a motor vehicle with\na convertible or interchangeable body or with removable seats, usable\nfor both passenger and delivery purposes, and including motor vehicles,\ncommonly known as station or depot wagons. The manufacturer's weight of\nmotor vehicle shall be accepted as the weight for the purpose of\nregistration under this paragraph.\n  b. The provisions of this article with respect to the payment of\nregistration fees shall not apply to ambulances used exclusively to\ncarry sick or injured persons, other than those used in the business of\ncarrying or transporting sick or injured persons for hire or profit, or\nto motor vehicles which are especially constructed and equipped to carry\nlost, strayed, sick, maimed or disabled animals, and owned and operated\nfor that purpose by a duly incorporated society, incorporated for the\npurpose of preventing cruelty to animals, or to motor vehicles owned or\ncontrolled by the state, a city, county, village, town, school district,\nor fire district or any of the departments thereof or county extension\nservice association or public improvement district formed under and\npursuant to provisions of the town law, or sanitary district formed\npursuant to the provisions of chapter five hundred sixteen of the laws\nof nineteen hundred twenty-eight, as amended, or soil conservation\ndistricts formed pursuant to the provisions of the soil conservation\ndistricts law, or to motor vehicles owned by professional foreign\nconsuls-general, consuls and vice consuls, who are nationals of the\nstate appointing them and who are assigned to foreign consulates in the\nstate of New York, provided that American professional consular officers\nof equal rank who are citizens of the United States and who exercise\ntheir official functions at American consulates in such foreign country,\nare granted reciprocal exemption, or to motor vehicles owned and\noperated by the American Red Cross, but in other respects shall be\napplicable.\n  b-1. The provisions of this article with respect to the payment of\nregistration fees shall not apply to (i) fire vehicles, as defined in\nsection one hundred fifteen-a of this chapter, owned or controlled by a\nfire company, as defined in section three of the volunteer firefighters'\nbenefit law, or to (ii) emergency ambulance service vehicles, as defined\nin section one hundred fifteen-c of this chapter, owned or controlled by\nan ambulance company, as defined in section three of the volunteer\nambulance workers' benefit law. Upon the filing of an application in\nsuch form and detail as the commissioner may prescribe, the commissioner\nshall issue plates for such vehicles in the same manner as plates issued\nto vehicles owned or controlled by fire districts pursuant to paragraph\nb of this subdivision.\n  c. The provisions of this subdivision with respect to the payment of\nregistration fees shall not apply to a passenger or suburban type motor\nvehicle or the provisions of subdivision seven of this section with\nrespect to the payment of registration fees shall additionally not apply\nto any auto truck or light delivery car having a maximum gross weight of\nless than sixty-five hundred pounds which is used exclusively for\npassengers and owned by any disabled veteran of the armed forces of the\nUnited States who has obtained such motor vehicle under and pursuant to\nthe provisions of public law number six hundred sixty-three,\nseventy-ninth congress, and public law number seven hundred\nninety-eight, eighty-first congress and public law number one hundred\neighty-seven, eighty-second congress or any comparable motor vehicle\nwhich is bought or acquired to replace such original motor vehicle owned\nby such disabled veteran.\n  d. (i) In addition to the other fees provided for in this section, the\ncommissioner shall, upon the application for the registration of a motor\nvehicle or the renewal thereof, collect the tax authorized by\nsubdivision (g) of section twelve hundred one of the tax law, if a city\nof one million or more, pursuant to subdivision (h) of section twelve\nhundred one of such law, enacts a local law providing for the collection\nof such tax by the commissioner and enters into the required agreement\nrelating thereto.\n  (ii) In addition to the other fees provided for in this section, the\ncommissioner shall, upon the application for the registration of a motor\nvehicle or the renewal thereof, collect the tax of the type authorized\nunder subdivision (e) of section twelve hundred one of the tax law, if a\ncounty, pursuant to subdivision (c), (e), (f) or (g) of section twelve\nhundred two of such law, enacts a local law, ordinance or resolution\nproviding for the collection of such tax by the commissioner and enters\ninto the required agreement relating thereto.\n  e. A. In addition to any other fee for registration required to be\npaid pursuant to this article, the commissioner may require the payment\nof an annual service charge of six dollars and twenty-five cents upon\nthe issuance of a radio operator number plate which he, in his\ndiscretion, is hereby authorized to do as provided by this paragraph.\nNotwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in this\nparagraph in effect on and after September first, two thousand nine and\nthe registration fees set forth in this paragraph in effect prior to\nsuch date shall be deposited to the credit of the dedicated highway and\nbridge trust fund.\n  B. A number plate issued pursuant to this paragraph shall be issued in\nthe same manner as other number plates are issued pursuant to this\narticle to persons making application therefor. Such plate shall contain\nnot more than eight letters, numerals or any combination thereof which\nare the permanent radio call letters assigned to an amateur radio\noperator by the federal communications commission. The provisions of\nthis paragraph shall not apply to any number plate reserved or issued\npursuant to any other provision of this article.\n  g. In addition to the other fees provided for in this section, the\ncommissioner shall, upon the application for the registration of a motor\nvehicle or the renewal thereof, collect any tax imposed pursuant to the\nauthority of chapter one thousand thirty-two of the laws of nineteen\nhundred sixty, if the city imposing such tax enacts a local law\nproviding for the collection of such tax by the commissioner and enters\ninto the required agreement relating thereto.\n  7. Registration fees for auto trucks, tractors, buses, taxicabs,\nlivery and certain other motor vehicles. The registration fees to be\npaid upon the registration or reregistration, in accordance with the\nprovisions of this article, of buses, of motor vehicles constructed or\nspecially equipped for the transportation of goods, wares and\nmerchandise, commonly known as auto trucks or light delivery cars, of\ntaxicabs, livery and of certain other motor vehicles specified herein\nare hereby established as follows:\n  A. Schedule for buses.\n  For each such vehicle having a seating capacity for passengers of five\npassengers or less, and meeting the requirements of subdivisions twenty\nand twenty-one, notwithstanding the capacity limitation of subdivision\ntwenty-one, of section three hundred seventy-five of this chapter, the\nannual fee of twenty-one dollars and fifty-six cents.\n  For each such vehicle having a seating capacity for passengers of not\nless than six passengers, nor more than seven passengers, and meeting\nthe requirements of subdivisions twenty and twenty-one, notwithstanding\nthe capacity limitation of subdivision twenty-one, of section three\nhundred seventy-five of this chapter, the annual fee of thirty-five\ndollars and twenty-three cents.\n  For each such vehicle having a seating capacity for passengers of not\nless than eight passengers, nor more than ten passengers, and meeting\nthe requirements of subdivisions twenty and twenty-one, notwithstanding\nthe capacity limitation of subdivision twenty-one, of section three\nhundred seventy-five of this chapter, the annual fee of forty-three\ndollars and eighty-five cents.\n  For each such vehicle having a seating capacity for passengers of not\nless than eleven passengers, nor more than fourteen passengers, and\nmeeting the requirements of subdivisions twenty and twenty-one,\nnotwithstanding the capacity limitation of subdivision twenty-one, of\nsection three hundred seventy-five of this chapter, the annual fee of\nsixty-one dollars and eighty-one cents.\n  For each such vehicle having a seating capacity for passengers of not\nless than fifteen passengers, nor more than twenty passengers, the\nannual fee of seventy-four dollars and seventy-five cents.\n  For each such vehicle having a seating capacity for passengers of not\nless than twenty-one passengers, nor more than twenty-two passengers,\nthe annual fee of seventy-nine dollars and six cents.\n  For each such vehicle having a seating capacity for passengers of not\nless than twenty-three passengers, nor more than twenty-six passengers,\nthe annual fee of eighty-eight dollars and forty-one cents.\n  For each such vehicle having a seating capacity for passengers of not\nless than twenty-seven passengers, nor more than thirty passengers, the\nannual fee of ninety-seven dollars and four cents.\n  For each such vehicle having a seating capacity for passengers in\nexcess of thirty passengers, the fee of ninety-seven dollars and four\ncents, and the additional fee of two dollars and eighty-eight cents for\neach passenger (measured by seating capacity) in excess of thirty\npassengers.\n  For the purposes of this schedule, the term "seating capacity for\npassengers" shall exclude the driver.\n  The words "seating capacity for passengers", as used in this section,\nshall mean seating capacity for adults. The commissioner shall have\nauthority to determine, for registration purposes, the manner of\ncomputing the seating capacity of any vehicle.\n  Provided, however, that in the case of a bus operated entirely by\nelectricity not generated by an engine contained therein the fees to be\npaid upon registration or reregistration thereof shall be fifty per\ncentum in excess of the foregoing rates.\n  The foregoing schedules shall not apply to omnibuses operated pursuant\nto a franchise or franchises over streets designated in said franchise\nor franchises wholly within a city or cities, provided the holder of the\nfranchise or franchises pays for the same a percentage of its gross\nearnings or gross receipts and for any such omnibus, without regard to\nthe seating capacity; nor shall the foregoing schedules apply to\nomnibuses operated pursuant to a certificate of public convenience and\nnecessity granted under the transportation law and based upon the\nconsent of the local authorities of any city, town or village, other\nthan in the counties of Nassau, Suffolk and Westchester, as required by\nthe transportation corporations law or, in the county of Nassau, based\nupon the consent of the board of supervisors of such county or of any\ncity or village therein, or of both such county and any city or village\ntherein or, in the counties of Suffolk and Westchester, based upon the\nconsent of the county board of legislators of such counties, as required\nby chapter eight hundred seventy-nine of the laws of nineteen hundred\nthirty-six, provided the holder of such local consent pays for the same\nan annual fee to any such county, city, town or village, and for any\nsuch omnibus, without regard to the seating capacity, the annual fee\nshall be twelve dollars and fifty cents. The foregoing schedules shall\nnot apply to trackless trolleys, but if such omnibus shall not be\noperated in local transit service pursuant to a certificate of\nconvenience and necessity issued by the commissioner of transportation\nthe foregoing schedule of fees shall apply.\n  B. Schedule for tractors, auto trucks and light delivery cars.\n  1. For each auto truck or light delivery car, the annual fee of three\ndollars and sixty cents for each five hundred pounds maximum gross\nweight or fraction thereof, except that the annual fee for such motor\nvehicle operated entirely by electricity not generated by an engine\ncontained therein shall be five dollars and thirty-nine cents for each\nfive hundred pounds maximum gross weight or fraction thereof, but in\ncomputing the weight of such an electric vehicle the weight of electric\nbatteries shall be excluded and except also that the annual fee for each\nauto truck having a maximum gross weight in excess of eighteen thousand\npounds used exclusively in the transportation of household goods (as\ndefined by the commissioner of transportation of this state or the\ninterstate commerce commission) by a carrier under authority of the\ncommissioner of transportation of this state or of the interstate\ncommerce commission shall be nine dollars and seventy cents for each\nfive hundred pounds maximum gross weight or fraction thereof. Provided\nhowever, that no motor vehicle registered pursuant to this paragraph may\nbe charged a registration fee in excess of that charged for a motor\nvehicle registered with a maximum gross weight of eighty thousand\npounds.\n  2. For each tractor of any weight the annual fee of one dollar and\nfifty-one cents for each one hundred pounds, or major fraction thereof,\nof maximum gross weight, except that the annual fee for each tractor of\nany weight used exclusively in the transportation of household goods (as\ndefined by the commissioner of transportation of this state or the\ninterstate commerce commission) by a carrier under authority of the\ncommissioner of transportation of this state or of the interstate\ncommerce commission shall be two dollars and sixteen cents for each one\nhundred pounds, or major fraction thereof, of maximum gross weight.\nProvided however, that no motor vehicle registered pursuant to this\nparagraph may be charged a registration fee in excess of that charged\nfor a motor vehicle registered with a maximum gross weight of eighty\nthousand pounds.\n  3. For the purpose of this schedule, maximum gross weight of an auto\ntruck or light delivery car shall mean the weight of the motor vehicle\nplus the weight of the maximum load to be carried by such motor vehicle\nduring the registration period. For the purposes of this schedule,\nmaximum gross weight of a tractor shall be the weight of the tractor,\nplus the unladen weight of any semitrailer drawn thereby, plus the\nweight of the maximum load to be carried on the tractor and on any\nsemitrailer drawn by such tractor during the registration period, but\nshall not include the weight or load of a semitrailer, used with a\ndevice for converting it to a trailer, when being drawn by a tractor\nsemitrailer combination on the New York state thruway as part of a\ndouble tandem combination. The weight of the motor vehicle and such\nmaximum load as stated on the application for registration shall be\nsubject to audit and approval by the commissioner of motor vehicles.\n  C. Schedule for taxicabs and livery. 1. For each taxicab or livery\nhaving a seating capacity for passengers, excluding the driver, of five\npersons or less, the annual fee of thirty-one dollars and sixty-three\ncents. For each such vehicle having a seating capacity for passengers,\nexcluding the driver, of not less than six persons, nor more than seven\npersons, the annual fee of fifty-one dollars and seventy-five cents. For\neach such vehicle having a seating capacity for passengers, excluding\nthe driver, of at least eight persons, but not more than ten persons,\nthe annual fee of sixty-four dollars and sixty-nine cents. For each such\nvehicle having a seating capacity for passengers, excluding the driver,\nof at least eleven persons, but not more than fourteen persons, the\nannual fee of ninety-two dollars. Any registration issued pursuant to\nthis schedule shall be revoked upon receipt by the commissioner of a\nnotice of revocation of any license or permit necessary for the issuance\nof such registration from the local authority which issued such license\nor permit, or upon receipt of evidence by the commissioner that the\nregistrant has been convicted of a violation of any local law requiring\nthe issuance of a license or permit in order to engage in for-hire\noperation. Provided, however, that upon surrender to the commissioner of\nany such revoked registration and number plates and upon payment of the\nproper registration fee, a registration may be issued for the vehicle\nfor which such registration has been revoked pursuant to the provisions\nof subdivision six of this section.\n  2. For purposes of this schedule, the term "livery" shall also include\na motor vehicle with a driver having a seating capacity of at least nine\nbut not more than fourteen passengers used to carry passengers for hire\nin a commuter van service under an authorization issued by a\nmunicipality.\n  D. Schedule for hearses, and certain ambulances. 1. For each hearse,\nthe annual fee of one dollar and twenty-four cents for each one hundred\npounds, or major fraction thereof, of unladen weight.\n  2. For each ambulance used in the business of carrying or transporting\nsick or injured persons for hire or profit, the annual fee of one dollar\nand twenty-four cents for each one hundred pounds or major fraction\nthereof, of unladen weight.\n  E. Schedule for agricultural trucks and agricultural trailers. 1. For\neach agricultural truck and agricultural trailer, the annual fee of two\ndollars and fifty-one cents for each five hundred pounds maximum gross\nweight, or fraction thereof.\n  2. For the purposes of this schedule an "agricultural truck" shall be\na truck and an agricultural trailer shall be a trailer, other than a\ncoach or house trailer or semitrailer, owned by a person engaged in\nproduction by means of (a) the planting, cultivation and harvesting of\nagricultural, vegetable and food products of the soil, including\nhorticultural specialties such as nursery stock, ornamental shrubs,\nornamental trees and flowers, (b) the raising, feeding and care of live\nstock, bees and poultry or (c) dairy farming. Such agricultural truck\nand agricultural trailer shall be used only for the transportation of\nhis own agricultural or dairy commodities or supplies or for personal\npassenger use, or use in conjunction with lumbering operations connected\nwith but only incidental to the operation of a farm.\n  3. A motor vehicle registered as an "agricultural truck" under this\nschedule and a trailer registered as an "agricultural trailer" under\nthis schedule shall be operated on the public highways only for the\npurposes set forth in paragraph two hereof.\n  4. An agricultural truck and an agricultural trailer may be registered\nor reregistered for periods of less than one calendar year upon\napplication forms furnished by the commissioner for such purpose, and\nthe annual fees as provided in this schedule shall be reduced\nproportionately on a monthly computation basis.\n  F. Schedule for certain motor vehicles. (a) For each road roller,\ntractor crane, truck crane, power shovel, road building machine, snow\nplow, road sweeper, sand spreader, well driller, well servicing rig,\nfeed processing machine, mobile car crusher (whether self-propelled or a\ncombination used exclusively as one unit), earth mover, which shall mean\na motor-driven vehicle in excess of eight feet in width equipped with\npneumatic tires designed and constructed for moving or transporting\nearth and rock in connection with excavation and grading work, and truck\nwith small wheels used in a factory, warehouse or railroad station, for\neach spreader or sprayer (generally meaning an agricultural vehicle used\nto spread or spray agricultural chemicals, agricultural lime and/or\nagricultural fertilizers) and fire vehicles, an annual fee of fourteen\ndollars and thirty-eight cents; provided, however, that the provisions\nof paragraph b of subdivision six of this section relating to the\nexemption of certain motor vehicles from the payment of registration\nfees thereon shall apply to the motor vehicles specified in this\nschedule. A tractor-trailer combination designed and used as a unit\nexclusively for the same purpose as a vehicle specifically included in\nthis schedule shall be considered as a single vehicle and registered as\na motor vehicle under this schedule rather than as a tractor and trailer\nseparately.\n  (b) As used in this schedule, the term "snow plow" shall not include\nfarm type tractors used exclusively for agricultural purposes, or for\nsnow plowing other than for hire, as defined in section one hundred\ntwenty-five of this chapter, when used for plowing or removing snow,\nprovided such plowing or snow removal is not done for hire.\n  No person shall operate or move, or cause or knowingly permit to be\noperated or moved on any public highway in this state any auto truck,\nagricultural truck or light delivery car, registered in this state,\nhaving a combined weight of vehicle and load in excess of the maximum\ngross weight for such vehicle as stated on the application for\nregistration. Such maximum gross weight cannot be more than the weight\npermitted under section three hundred eighty-five of this chapter or the\nweight permitted by the rules or regulations of the department of\ntransportation of any city not wholly included within one county or\nunder permits that may be issued pursuant to such section, rules or\nregulations whichever is the least restrictive.\n  G. Schedule for historical motor vehicles. For each motor vehicle\nwhich is owned and operated as an exhibition piece or collectors item,\nand is used for participation in club activities, exhibit, tours,\nparades, occasional transportation and similar uses, but not used for\ngeneral daily transportation, an annual fee of twenty-eight dollars and\nseventy-five cents. For purposes of this paragraph, a historical motor\nvehicle shall mean any vehicle manufactured more than twenty-five years\nprior to the current calendar year, and any other model, year and type\nvehicle which has unique characteristics and which is determined by the\ncommissioner to be of historical, classic or exhibition value.\nRegistration plates for such vehicles shall be of a type and design\napproved by the commissioner, but shall be of a distinctive nature.\nExcept that, with the approval of the commissioner, an owner of any such\nvehicle may utilize registration plates issued in the year corresponding\nto the model year date in which the vehicle was manufactured, if the\nregistration plate is legible, durable, and serviceable, of this state,\nand accurate in color, as determined by the department. Nothing in this\nparagraph shall be construed to prohibit the use of previously issued\nregistration plates that have been restored, without deviation from\ntheir original alphanumeric or pictorial content, to such condition as\notherwise satisfies all applicable requirements. Such plates shall be\nused only for the operation of the motor vehicle listed on the\nregistration application and on other motor vehicles which would qualify\nfor registration under this schedule owned by persons other than the\nregistrant for the purpose of test driving by the registrant or his or\nher agent in anticipation of possible purchase. No such registration\nwill be issued unless evidence of financial security, in a form\nprescribed by the commissioner, is submitted which provides coverage for\nthe motor vehicle listed on the registration application and for\nnon-owned motor vehicles being operated with such plates.\n  H. Schedule for tow trucks. For each tow truck registered pursuant to\nsection four hundred one-b of this article, the annual fee of two\ndollars and eighty-eight cents for each five hundred pounds maximum\ngross weight or fraction thereof. For the purposes of this schedule, the\nmaximum gross weight of a tow truck shall include the weight of any\nvehicle transported wholly upon the tow truck, but shall not include the\nweight of any vehicle transported partly upon the tow truck and partly\non its own wheels or a dolly.\n  I. Schedule for leased and rental vehicles. 1. The annual fee for each\nleased vehicle and for each rental vehicle, other than a motorcycle or a\nrental vehicle of the passenger vehicle or suburban type, shall be the\nannual fee which would be required to be paid for such vehicle if it\nwere not a leased or rental vehicle.\n  2. For each rental vehicle of the passenger or suburban type having a\nseating capacity for passengers, including the driver, of five persons\nor less, the annual fee of fifty-three dollars and nineteen cents. For\neach such vehicle having a seating capacity for passengers, including\nthe driver, of not less than six persons, nor more than seven persons,\nthe annual fee of seventy-four dollars and seventy-five cents. For each\nsuch vehicle having a seating capacity for passengers, including the\ndriver, of at least eight persons, but not more than ten persons, the\nannual fee of eighty-six dollars and twenty-five cents. For each such\nvehicle having a seating capacity for passengers, including the driver,\nof at least eleven persons, but not more than fifteen persons, the\nannual fee of one hundred thirteen dollars and fifty-six cents.\n  J. Schedule for vanpool vehicles. The annual fee for each vanpool\nvehicle shall be the annual fee which would be required to be paid for\nsuch vehicle if it were not used for the purpose of vanpooling.\nRegistration plates for such vehicles shall be of a type and design\napproved by the commissioner, and shall include the word VANPOOL on the\nface of the registration plate. Such plate shall be issued at the\nrequest of the registrant upon proof, satisfactory to the commissioner,\nthat the vehicle is to be used for the purpose of vanpooling.\n  K. Schedule for heavy duty vehicles: Notwithstanding any inconsistent\nprovision of this section, the registration fee for any vehicle\ndescribed in this paragraph shall be increased by up to three and\ntwenty-five one hundredths percent of such registration fee in effect on\nSeptember first, two thousand nine, to fund the direct and indirect\ncosts of the development and implementation of a heavy duty emissions\ninspection program pursuant to section 19-0320 of the environmental\nconservation law, including planning, development of regulations and\nguidance, state implementation plan development, personnel costs\nattributable to the program, and enforcement costs. Such fee is\nauthorized to be collected, commencing June first, nineteen hundred\nninety-nine, at the time of registration of any vehicle required to be\nregistered in New York having a gross vehicle weight of greater than\neight thousand five hundred pounds and powered by diesel fuels except\nfor those vehicles defined in section one hundred one of this chapter,\nsubparagraph two of paragraph E and subparagraph (a) of paragraph F of\nthis subdivision, and vehicles specified in subdivision thirteen of this\nsection, and farm type tractors and all terrain type vehicles used\nexclusively for agricultural or mowing purposes, or for snow plowing,\nother than for hire, farm equipment, including self-propelled machines\nused exclusively in growing, harvesting or handling farm produce, and\nself-propelled caterpillar or crawler-type equipment while being\noperated on the contract site, and timber harvesting equipment such as\nharvesters, wood chippers, forwarders, log skidders, and other\nprocessing equipment used exclusively off highway for timber harvesting\nand logging purposes. Notwithstanding any provision of law to the\ncontrary, any fee amount collected pursuant to this paragraph shall be\ndeposited in the clean air fund, to the credit of the mobile source\naccount, in accordance with the provisions of section ninety-seven-oo of\nthe state finance law. Notwithstanding any inconsistent provision of\nthis section, the difference collected between the increase of the\npercentage of the registration fees set forth in this schedule in effect\non and after September first, two thousand nine and the percentage of\nthe registration fees set forth in this schedule in effect prior to such\ndate shall be deposited to the credit of the dedicated highway and\nbridge trust fund.\n  L. Notwithstanding the provisions of paragraph K of this subdivision,\nno fee shall be charged upon the registration of any vehicle exempt from\nthe payment of registration fees under paragraph b of subdivision six of\nthis section.\n  8. Registration fees for trailers. a. The provisions of this chapter\nin relation to registration books and registration, certificates of\nregistration, number plates, duplicates of certificates and number\nplates, times of registration and reregistration and the duration\nthereof, for motor vehicles, shall apply also to trailers. The following\nfees shall be paid upon the registration or reregistration of a trailer,\nother than a coach or house trailer or a semitrailer, in accordance with\nthe provisions of this article: The annual fee of five dollars and\nthirty-nine cents for each five hundred pounds or fraction thereof of\nmaximum gross weight but in no case shall the annual fee be less than\nfourteen dollars and thirty-eight cents. The following fees shall be\npaid upon the registration or reregistration of a coach or house trailer\nin accordance with the provisions of this article: The annual fee of one\ndollar and seventy-three cents for each one hundred pounds or major\nfraction thereof of unladen weight but in no case shall the annual fee\nbe less than twenty-one dollars and fifty-seven cents. The following\nfees shall be paid upon the registration or reregistration of a\nsemitrailer in accordance with provisions of this article: The annual\nfee of twenty-eight dollars and seventy-five cents. However, upon the\nrequest of the applicant upon the registration or renewal of a\nregistration of a nineteen hundred eighty-nine or later model year\nsemitrailer, such semitrailer may be registered for a period of not less\nthan five and one-half nor more than six and one-half years for a fee of\neighty-six dollars and twenty-five cents. A semitrailer, used with any\ndevice for converting it to a trailer, other than one being drawn by a\ntractor semitrailer combination as part of a double tandem combination,\nshall be registered as a trailer.\n  For the purposes of this paragraph, the unladen weight of a coach or\nhouse trailer shall include the weight of any equipment permanently\nattached to or installed in such trailer. Notwithstanding the foregoing\nprovisions and pursuant to regulations and limitations to be established\nby the commissioner and upon payment of a fee of two dollars and thirty\ncents therefor a temporary permit to move a coach or house trailer on\nthe public highways from one site to another shall be issued to the\nowner thereof upon application therefor. Such application shall be made\nin the manner prescribed by the commissioner.\n  b. For the purposes of this subdivision, as applied to a trailer other\nthan a coach or house trailer or a semitrailer, maximum gross weight\nshall mean the weight of the trailer plus the weight of the maximum load\nto be carried by such trailer during the registration period. The weight\nof the trailer and such maximum load as stated on the application for\nregistration shall be subject to audit and approval by the commissioner\nof motor vehicles.\n  c. No person shall operate or move, or cause or knowingly permit to be\noperated or moved on any public highway of this state any combination of\na tractor registered in this state and a semitrailer having a combined\nweight of vehicles and load in excess of the maximum gross weight of the\ntractor as stated on the application for registration of such vehicle.\nSuch maximum gross weight cannot be more than the weight permitted under\nsection three hundred eighty-five of this chapter or the weight\npermitted by the rules or regulations of the department of\ntransportation of any city not wholly included within one county or\nunder permits that may be issued pursuant to such section, rules or\nregulations whichever is the least restrictive.\n  d. No person shall operate or move, or cause or knowingly permit to be\noperated or moved on any public highway of this state any trailer, other\nthan a coach or house trailer or a semitrailer, registered in this\nstate, having a combined weight of vehicle and load in excess of the\nmaximum gross weight of such trailer as stated on the application for\nregistration of such vehicle.\n  9. Correction of registration. a. Where a motor vehicle registered\nunder this article requires registration in another class because of a\nchange in its form or use, an application for the correct registration\nmay be granted upon the surrendering of the certificate of registration\nand number plates and the payment of a fee of one dollar, together with\nthe excess, if any, of the fee for the correct registration over the fee\nfor the registration in the class in which the vehicle is registered,\nboth fees to be computed as of the date of granting the correct\nregistration; provided, however, that if the vehicle has already been\nregistered in more than one class during the year, the class requiring\nthe highest fee shall be taken as the basis in determining the\nadditional fee, if any, to be paid instead of the class in which the\nvehicle is registered at the time of the application.\n  b. Where a vehicle registered under the provisions of subdivisions\nseven or eight of this section on the basis of maximum gross weight\nrequires a corrected registration because of a load in excess of the\nmaximum load as certified in the application for registration, or the\nregistrant desires to register the vehicle at a lower gross maximum\nweight, an application shall be made for correct registration. Upon the\nsurrendering of the certificate of registration and the payment of a fee\nof two dollars together with the balance of the annual fee for the\ncorrect registration over the fee as previously registered, such\ncorrected registration may be issued. No return of any part of the fee\npaid for the previous registration shall be made in case of a reduction\nof maximum gross weight certified in the application for a corrected\nregistration.\n  9-a. Whenever a registration fee prescribed in subdivision six, seven\nor eight of this section shall amount to a fee other than a whole dollar\namount, the fee required to be paid shall be rounded to the nearest\ntwenty-five cents.\n  10. Fees in lieu of taxes. The registration fees imposed by this\narticle upon motor vehicles, other than those of manufacturers and\ndealers, shall be in lieu of all taxes, general or local, to which motor\nvehicles may be subject.\n  11. A motor vehicle, which does not fall within the definition of the\nterm bus, used to transport pupils, or pupils and teachers, to and from\nschool and not otherwise used to transport passengers for hire shall not\nbe registered as a taxicab or livery because of such use.\n  12. Registration fee for "forty and eight trains." Notwithstanding any\nof the provisions of this chapter, the annual registration fee for a\nmotor vehicle, commonly described as a boxcar and/or locomotive, duck\nand tank and used only by La Societe des 40 Hommes et 8 Chevaux for\ncivic demonstrations, convention purposes or social welfare work, shall\nbe five dollars.\n  12-a. Permanent fleet registration. The commissioner may provide for a\nsystem of extended registration for vehicles a registrant wishes to\nregister as a fleet. The fee required for the registration of each\nvehicle registered in such system shall be the same fee which would be\nrequired if the vehicle was otherwise registered under this section plus\nan additional two dollar administrative fee. The commissioner may\nestablish the minimum number of vehicles required to be registered as a\nfleet, the types of vehicles which may be registered in a fleet, the\nterm of validity of any such registration, qualifications for fleet\nregistrants and, notwithstanding any other provisions of this article to\nthe contrary, procedures for registration in a fleet, times and methods\nof payment of required fees and the display and/or surrender of number\nplates and tags or other evidence of fleet registration. The\ncommissioner may prescribe rules and regulations to carry out the\nprovisions of this subdivision.\n  13. Registration of motor vehicles, trailers and semitrailers operated\nupon public highways connecting portions of a farm or farms, municipal\nsanitary landfills, licensed motor vehicle repair shops and the point of\nsale of the vehicle. Motor vehicles, other than motor vehicles\nmanufactured and equipped primarily for the transportation of\npassengers, trailers and semitrailers, to be operated by any person,\nupon a public highway for the purpose of traveling by the most direct\nroute, but in no event further than twenty-five miles one-way from a\npoint on the farm as designated by the vehicle owner and which\ndesignated point is set forth in an attachment to the vehicle\nregistration, (a) between fields, buildings, and facilities managed or\noperated as part of a single farm enterprise in connection with the\nproduction, harvesting, processing or marketing on that farm of crops,\nlivestock, or livestock products produced on that farm; or (b) for the\npurpose of transporting materials from a farm to the nearest available\nmunicipal sanitary landfill; or (c) for the purpose of transporting the\nmotor vehicle, trailer or semitrailer to a motor vehicle repair shop\nlicensed pursuant to this chapter for the repair or adjustment of\nequipment provided that, in addition to the route restrictions set forth\nin this subdivision, no such transport shall be authorized (i) if such\nvehicle has an out-of-service defect relating to load securement, brake\nsystems, steering components and/or coupling devices, or after it has\nbeen placed out-of-service; (ii) on any limited access highway; and\n(iii) during the period of one hour before sunset to one hour after\nsunrise; or (d) for the purpose of transporting the motor vehicle,\ntrailer or semitrailer, at the time of first receipt, from its point of\nsale to a farm, may be registered as provided in this subdivision. Every\nowner of such vehicles may cause to be filed by mail or otherwise, with\nthe commissioner or with any agent of the commissioner, an application\nfor registration of such vehicle, addressed to the commissioner, and on\na blank to be furnished by the commissioner for that purpose, containing\nthe information required by subdivision one of this section and such\nother information as the commissioner shall require. The commissioner or\nagent shall make such investigation, as he or she shall determine\nnecessary, and if satisfied that the vehicle is to be operated\nexclusively as provided in this subdivision shall, upon the payment of a\nfee of one dollar, assign to such vehicle a distinctive number and issue\nand deliver to the applicant a set of number plates and a certificate of\nregistration in such form as the commissioner shall prescribe,\nindicating the extent to which the vehicle registered may be operated on\nthe public highways and such vehicle may be operated only as so\nindicated. For the purposes of this subdivision, the terms "farm" and\n"crops, livestock or livestock products," shall have the same meaning as\n"land used in agricultural production" and "crops, livestock and\nlivestock products," respectively, as defined in section three hundred\none of the agriculture and markets law, except that farmers with an\naverage gross sales value of at least one thousand dollars per year of\ncrops, livestock, and livestock products shall be eligible to register\nvehicles pursuant to this subdivision.\n  15. The commissioner is authorized to make necessary rules and\nregulations as may be appropriate for the proper enforcement of the\nprovisions of this section with respect to the registration of auto\ntrucks, agriculture trucks, light delivery cars, tractors and trailers.\n  16. a. Notwithstanding any other provision of this chapter or other\nlaw, or rule or regulation, a specialized vehicle shall be classified as\na passenger vehicle and shall be registered accordingly. Such vehicle\nmay use any highway which is restricted to passenger use only.\n  b. For the purpose of this subdivision, "a specialized vehicle" shall\nmean any vehicle having a gross weight not exceeding sixty-nine hundred\nninety-nine pounds, regardless of seating or window arrangements, which\nis equipped or modified with a powered lift or ramp or containing any\nother physical device or alteration for the purpose of accommodating a\nwheelchair or permitting access of a wheelchair-bound person, and which\nis intended to be used for the transportation of a disabled person or\npersons confined to a wheelchair.\n  17. The provisions of this chapter with respect to the issuance and\ndisplay of number plates shall not apply to trucks that are used on the\nhighways only in crossing from one point in the owners property to\nanother point in the property of such owner where the route traveled by\nsuch trucks does not adjoin the lands of another owner; provided,\nhowever, that such vehicles shall comply in all respects with the\nprovisions of article six of this chapter.\n  17-a. The commissioner shall permit the use of distinctive license\nplates reserved for use by emergency medical technicians on a van or\npickup truck owned and operated by such person where such vehicle is not\nused for commercial purposes.\n  18. A violation of subdivision one of this section shall be punishable\nby a fine of not less than seventy-five nor more than three hundred\ndollars, or by imprisonment for not more than fifteen days, or by both\nsuch fine and imprisonment except, if the violation consists of failure\nto renew a registration which was valid within sixty days, the fine\nshall be not less than forty dollars. A violation of subdivision seven\nor eight of this section shall be punishable by a fine of not less than\none hundred fifty nor more than three hundred seventy-five dollars, or\nby imprisonment for not more than thirty days, or by both such fine and\nimprisonment, for the first offense, except where the violation was\ncommitted with a vehicle having a maximum gross weight of less than\neighteen thousand pounds the violation should be punished by a fine of\nnot less than forty nor more than three hundred seventy-five dollars; by\na fine of not less than three hundred seventy-five dollars nor more than\nseven hundred fifty dollars, or by imprisonment for not more than sixty\ndays, or by both such fine and imprisonment, for the second or\nsubsequent offense; provided that a sentence or execution thereof for\nany violation under this subdivision may not be suspended. For any\nviolation of said subdivision seven or eight of this section, the\nregistration of the vehicle may be suspended for a period of not less\nthan ten days nor more than six months whether at the time of the\nviolation the vehicle was in charge of the owner or his agent. The\nprovisions of section five hundred ten of this chapter shall apply to\nsuch suspension except as otherwise provided herein.\n  19. No owner of a motor vehicle shall cause to be presented, by mail\nor otherwise, to the office or a branch office of the commissioner, or\nto any agent of the commissioner, an application for registration of a\nvehicle which violates any weight limitations contained in the\nprovisions of section three hundred eighty-five of this chapter or the\nweight permitted by the rules or regulations of any city not wholly\nincluded within one county or under permits that may be issued pursuant\nto such section, rules or regulations whichever is the least\nrestrictive.\n  19-a. If a vehicle or combination of vehicles is operated in violation\nof this section, an appearance ticket or summons may be issued to the\nregistrant of the vehicle, or if a combination of vehicles, to the\nregistrant of the hauling vehicle rather than the operator. In the event\nthe vehicle is operated by a person other than the registrant, any\nappearance ticket or summons issued to the registrant shall be served\nupon the operator, who shall be deemed the agent of the registrant for\nthe purpose of receiving such appearance ticket or summons. Such\noperator-agent shall transmit such ticket or summons to the registrant\nof the vehicle or the hauling vehicle. If the registrant does not appear\non the return date, a notice establishing a new return date and either\ncontaining all pertinent information relating to the charge which is\ncontained on the summons or appearance ticket or accompanied by a copy\nof the information or complaint shall also be mailed by certified or\nregistered mail by or on behalf of the court or administrative tribunal\nbefore whom the appearance ticket or summons is returnable to the\nregistrant at the address given on the registration certificate for the\nvehicle, or if no registration certificate is produced at the time the\nappearance ticket or summons is issued, to the address of the registrant\non file with the department or given to the person issuing the\nappearance ticket or summons. Whenever proceedings in a court or\nadministrative tribunal of this state result in a conviction for a\nviolation of this section, and the court or administrative tribunal has\nmade the mailing specified herein, the court or administrative tribunal\nshall levy a mandatory surcharge, in addition to any sentence or other\nsurcharge required or permitted by law, in the amount of thirty dollars.\nThis mandatory surcharge shall be paid to the clerk of the court or\nadministrative tribunal that rendered the conviction. Within the first\nten days of the month following collection of the mandatory surcharge by\na town or village court, the court shall pay such money to the state\ncomptroller who shall, pursuant to subdivision two of section\nninety-nine-a of the state finance law, credit such money to the account\nof the town or village which sent the mandatory surcharge. If such\ncollecting authority is any other court of the unified system or\nadministrative tribunal it shall, within such period, pay such money to\nthe state comptroller who shall deposit such money into the state\ntreasury. The provisions of this subdivision shall not apply to\nowner-operators of any motor vehicle or to any motor vehicle or trailer\nwhich is registered in the name of a person whose principal business is\nthe lease or rental of motor vehicles or trailers unless the motor\nvehicle or trailer is being operated by an employee of the registrant or\nfor a community of interest other than the lease or rental agreement\nbetween the parties to the lease or rental agreement.\n  21. The commissioner shall deposit daily the percentages listed below\nof all fees collected or received by the commissioner after March\nthirty-first, nineteen hundred ninety-three pursuant to certain\nregistration fees imposed by (a) paragraph a of subdivision six, (b) all\nschedules of subdivision seven and (c) paragraph a of subdivision eight\nof this section in a responsible bank, banking house or trust company,\nwhich shall pay the highest rate of interest to the state for such\ndeposit to the credit of the comptroller on account of the dedicated\nhighway and bridge trust fund established pursuant to section\neighty-nine-b of the state finance law. The commissioner shall so\ndeposit thirteen percent of all such registration fees so collected or\nso received after March thirty-first, nineteen hundred ninety-three,\nseventeen percent of all such registration fees so collected or so\nreceived after December thirty-first, nineteen hundred ninety-four,\ntwenty percent of all such registration fees so collected or so received\nafter December thirty-first, nineteen hundred ninety-five, twenty-eight\npercent of all such registration fees so collected or so received after\nMarch thirty-first, nineteen hundred ninety-eight, thirty-four percent\nof all such registration fees so collected or so received after June\nthirtieth, nineteen hundred ninety-eight, and forty-five and five-tenths\npercent of all such registration fees so collected or so received after\nJanuary thirty-first, nineteen hundred ninety-nine. Every bank, banking\nhouse or trust company that accepts such deposits shall execute and file\nin the office of the department of audit and control an undertaking to\nthe state, in the sum, and with such sureties, as are required and\napproved by the comptroller for the safe keeping and prompt payment on\nlegal demand therefor of all such moneys held by or on deposit in such\nbank, banking house, or trust company, with interest thereon on daily\nbalances at such rate as the comptroller may fix. Every such undertaking\nshall have endorsed thereon or annexed thereto the approval of the\nattorney general as to its form.\n  The commissioner shall deposit daily the percentages listed below of\nall fees collected or received by the commissioner after March\nthirty-first, two thousand one pursuant to certain registration fees\nimposed by (a) paragraph a of subdivision six, (b) all schedules of\nsubdivision seven, and (c) paragraph a of subdivision eight of this\nsection in a responsible bank, banking house or trust company, which\nshall pay the highest rate of interest to the state for such deposit to\nthe credit of the comptroller on account of the dedicated highway and\nbridge trust fund established pursuant to section eighty-nine-b of the\nstate finance law and the dedicated mass transportation trust fund\nestablished pursuant to section eighty-nine-c of the state finance law\nand to distribute such deposit pursuant to the provisions of subdivision\n(d) of section three hundred one-j of the tax law. In addition to the\npercentages specified in the opening paragraph of this section, the\ncommissioner shall so deposit twenty-three and five-tenths percent of\nall such registration fees so collected or so received after March\nthirty-first, two thousand one and fifty-four and five-tenths percent of\nall such registration fees so collected or so received after March\nthirty-first, two thousand two. Every bank, banking house or trust\ncompany that accepts such deposits shall execute and file in the office\nof the department of audit and control an undertaking to the state, in\nthe sum, and with such sureties, as are required and approved by the\ncomptroller for the safe keeping and prompt payment on legal demand\ntherefor of all such moneys held by or in deposit in such bank, banking\nhouse or trust company, with interest thereon on daily balances at such\nrate as the comptroller may fix. Every such undertaking shall have\nendorsed thereon or annexed thereto the approval of the attorney general\nas to its form.\n  Of the revenues so deposited, the comptroller shall retain in his\nhands such amount as the commissioner may determine to be necessary for\nrefunds or reimbursements of the fees collected or received pursuant to\n(a) paragraph a of subdivision six, (b) all schedules of subdivision\nseven and (c) paragraph a of subdivision eight of this section to which\nregistrants shall be entitled under the provisions of this article, out\nof which amount the commissioner shall pay any refunds or reimbursements\nof the fees collected or received pursuant to (a) paragraph a of\nsubdivision six, (b) all schedules of subdivision seven and (c)\nparagraph a of subdivision eight of this section to which registrants\nshall be entitled under such provisions. The comptroller, after\nreserving the amount to pay such refunds or reimbursements, shall, on or\nbefore the last day of each month, deposit the balance of the revenue so\ndeposited during such month into the dedicated highway and bridge trust\nfund established pursuant to section eighty-nine-b of the state finance\nlaw and the dedicated mass transportation trust fund established\npursuant to section eighty-nine-c of the state finance law.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in\nparagraph a of subdivision six of this section in effect on and after\nSeptember first, two thousand nine and the registration fees set forth\nin such paragraph in effect prior to such date shall be deposited to the\ncredit of the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nA of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nB of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nC of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nE of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nF of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nG of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in schedule\nI of subdivision seven of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nschedule in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\ndifference collected between the registration fees set forth in\nsubdivision eight of this section in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nsubdivision in effect prior to such date shall be deposited to the\ncredit of the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\nregistration fees collected pursuant to subdivisions two, six and eight\nof section four hundred twenty of this title shall be deposited pursuant\nto the provisions of this subdivision; provided, however, the difference\ncollected between the registration fees set forth in such subdivisions\ntwo, six and eight in effect on and after September first, two thousand\nnine and the registration fees set forth in such subdivisions in effect\nprior to such date shall be deposited to the credit of the dedicated\nhighway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, the\nregistration fees collected pursuant to paragraph (b) of subdivision\nthree of section twenty-two hundred sixty-one of this chapter shall be\ndeposited pursuant to the provisions of this subdivision; provided,\nhowever, the difference collected between the registration fees set\nforth in paragraph (b) of subdivision three of section twenty-two\nhundred sixty-one of this chapter in effect on and after September\nfirst, two thousand nine and the registration fees set forth in such\nparagraph in effect prior to such date shall be deposited to the credit\nof the dedicated highway and bridge trust fund.\n  Notwithstanding any inconsistent provision of this section, eleven\ndollars and fifty cents of the registration fees collected pursuant to\nparagraph (a) of subdivision five of section four hundred ten of this\ntitle shall be deposited pursuant to this subdivision. Three dollars and\nfifty cents of such fees collected in relation to applications for new\nregistrations and renewals of existing registrations expiring on and\nafter September first, two thousand nine shall be deposited to the\ncredit of the dedicated highway and bridge trust fund. Two dollars and\nfifty cents of such registration fees shall be deposited into the\nmotorcycle safety fund established pursuant to section ninety-two-g of\nthe state finance law.\n  22. The commissioner shall not register any altered motor vehicle that\nfails to comply, as demonstrated to the satisfaction of the\ncommissioner, with the certification requirements established by Part\n567 of title 49 of the code of federal regulations for altered vehicles.\n  23. The commissioner shall revoke the registration of any altered\nmotor vehicle which fails to comply with the certification requirements\nof Part 567 of title 49 of the code of federal regulations, as\ndetermined by the commissioner, and refund to or credit the account of\nany person who paid a registration fee for an altered motor vehicle, the\npro rata unused portion of such registration fee.\n
N.Y. SOS Law § 172 — New York Code / Act SOS / Article 5 / Title 4 / Section 172
Moneys to be provided
Status: in_force

§ 172. Moneys to be provided. 1. The social services official  of\nevery county, city or town responsible for veteran assistance, under the\nprovisions of this title, shall include in his or her annual estimate\nfor safety net assistance the amount necessary to carry out the\nprovisions of this title in such county, city or town.\n  2. Legislative bodies shall make appropriations and raise money for\nveteran assistance in the same manner as for safety net assistance.\n
N.Y. PBH Law § 366 — New York Code / Act PBH / Article 3 / Title 4 / Section 366
Certain cities; commissioner of health and health officer; powers and duties
Status: in_force

§ 366. Certain cities; commissioner of health and health officer;\npowers and duties. 1. The commissioner of health or the health officer\nin cities having a population of less than one hundred seventy-five\nthousand shall:\n  (a) exercise all the powers and be charged with all the duties now or\nhereafter conferred upon or required of local boards of health or local\nhealth officers by the laws of this state so far as the same pertain to\ncities, except as limited or extended by the provisions of this article;\nand,\n  (b) possess such powers and perform such duties as may be prescribed\nby ordinance of the common council or similar legislative authority by\nthis chapter or otherwise by law.\n
N.Y. VAT Law § 403 — New York Code / Act VAT / Title 4 / Article 14 / Section 403
Number plates continued
Status: in_force

§ 403. Number plates continued.  1. Notwithstanding any other\nprovision of this chapter, the commissioner, upon registration or\nreregistration of any vehicle required to be registered under this\nchapter, may continue the use of number plates for an additional period\nas may be determined by him, in which event he shall issue and deliver a\ntag or other evidence of registration, which shall be attached or\naffixed in such manner as he may prescribe by regulation. The failure to\naffix or display such tag or other evidence of registration, in the\nmanner prescribed by the commissioner, shall constitute a violation of\nthis section. The removal from any vehicle, other than by the owner of\nthe vehicle or person authorized by such owner or by a police officer in\nthe performance of his duties, of such tag or other evidence of\nregistration shall constitute a class B misdemeanor.\n  2. Notwithstanding the provisions of subdivision one of this section,\nthe commissioner, upon registration or reregistration of any vehicle\nrequired to be registered under this chapter between July first,\nnineteen hundred eighty-six and June thirtieth, nineteen hundred\neighty-eight, shall issue a new number plate or plates to each\nregistrant or reregistrant, and provided further an emblem bearing the\nlikeness of the Statue of Liberty shall appear on the number plate or\nplates except that such emblem, in the discretion of the commissioner,\nneed not appear on a number plate or plates less than ten inches long.\nThe commissioner shall promulgate rules and regulations for plate\nreissuance including which plates will be required to be replaced in\nwhich year. The commissioner is authorized to take whatever actions are\nnecessary to ensure that the transaction necessary for the reissuance of\nsuch number plate or plates shall be accomplished by mail so as to\nminimize the need for the reregistrant to process the transaction in\nperson.\n  3. a. Upon the request of an applicant and payment by the applicant of\na one-time fee not to exceed twenty dollars, and subject to regulations\npromulgated by the commissioner, the commissioner shall provide a number\nplate or plates bearing the same distinctive numerals and/or letters as\nthe number plate being replaced. Such one-time fee shall be in addition\nto the regular fee prescribed by section four hundred one of this\narticle.\n  b. Notwithstanding the provisions of paragraph a of this subdivision,\nno such one-time fee shall be charged for any plate subject to the\nprovisions of section four hundred four or four hundred four-l of this\narticle, for which an annual service charge is paid in addition to the\nregular fee prescribed by section four hundred one of this article.\n  c. Nothing contained in paragraph a of this subdivision shall be\ndeemed to authorize the imposition of a fee for a number plate or plates\nwhich is higher than any fee otherwise authorized by this chapter.\n
N.Y. PBA Law § 1699-F — New York Code / Act PBA / Article 8 / Title 4-B / Section 1699-F
Succession by authority to powers, duties and functions of the agency and corporation
Status: in_force

§ 1699-f. Succession by authority to powers, duties and functions of\nthe agency and corporation. 1. The authority hereby succeeds to the\npowers, duties and functions of each of the agency and the corporation,\neach of which shall continue its corporate existence in and through the\nauthority. The agency shall not be deemed to have been terminated under\nsubdivision eight of section four of section one of chapter three\nhundred ninety-two of the laws of nineteen hundred seventy-three.\n  2. The authority, subject to the provisions of this title, shall\nhereafter possess all the rights, privileges, immunities, powers and\npurposes of each of the agency and the corporation. All the property,\nreal and personal, including moneys, investments, causes of action and\nevery other asset, of each of the agency and the corporation hereby\nvests in the authority without further act or deed; and the title to any\nreal estate, or interest therein, vested in the agency, corporation or\nauthority shall not revert or be in any way impaired by reason of the\nsuccession effected hereby.\n  3. The authority hereby assumes and is liable for all the liabilities\nand obligations of each of the agency and the corporation without\nfurther act or deed, including, without limitation, the obligation of\nthe agency to make payments on its outstanding bonds, and notes or other\nobligations. No liability or obligation due or to become due, claim or\ndemand for any cause existing against the agency or the corporation,\nrespectively, or any officer or member thereof, shall be released or\nimpaired, or in any respect expanded in regard to the source of payment\nthereof or otherwise, by the succession effected hereby. Neither the\nrights of creditors nor any liens upon, or security interests in, the\nproperty of the agency, the corporation or the authority shall be\nimpaired by the succession effected hereby. No action or proceeding,\nwhether civil or criminal, pending by or against the agency or the\ncorporation, respectively, or any officer or member thereof, shall abate\nor be discontinued by the succession effected hereby, but may be\nenforced, prosecuted, settled or compromised as if such succession had\nnot occurred, or the authority may be substituted in such action or\nspecial proceeding in place of either the agency or the corporation, as\nthe case may be.\n  4. With respect to contracts, agreements, leases, and other similar\narrangements previously made by and between the agency and the\ncorporation or by and among the agency, the corporation and any other\nparty, the authority shall, in succeeding to the powers, duties and\nfunctions of each of the agency and the corporation, perform all the\nobligations and duties of, and shall have all the rights, powers, and\nfunctions of, each of the agency and the corporation under and pursuant\nto such contracts, agreements, leases or other similar arrangements.\n  5. Except as provided in paragraph (b) of subdivision six of this\nsection, nothing in this title shall limit or otherwise affect the power\nof the authority to issue bonds, notes and other obligations under and\npursuant to and in accordance with the terms and conditions of the\ndormitory authority act, as amended. In addition, in succeeding to the\npowers, duties and functions of the agency, the authority is authorized\nto issue bonds, notes and other obligations for any purpose for which\nthe agency has been authorized by law to issue bonds, notes or other\nobligations, under and pursuant to, in accordance with the terms and\nconditions of, and subject to the limitations in, the New York state\nmedical care facilities finance agency act, as amended in the public\nhealth law, the mental hygiene law, the facilities development\ncorporation act, sections sixteen hundred ninety-nine-h through sixteen\nhundred ninety-nine-j of this act, and any other law.\n  6. (a) The exercise of powers, duties and functions of the agency to\nwhich the authority has succeeded, including without limitation the\nexecution of contracts in connection therewith, shall be governed by\napplicable provisions of the medical care facilities finance agency act.\nThe exercise of powers, duties and functions of the corporation to which\nthe authority has succeeded, including without limitation the execution\nof contracts in connection therewith, shall be governed by applicable\nprovisions of the facilities development corporation act.\n  (b) The financing of any project initiated on or after the effective\ndate of this section, the entirety of which the agency would be\nauthorized to undertake by the provisions of the medical care facilities\nfinance agency act prior to such effective date, shall be governed by\nsuch act.\n
N.Y. LFN Law § 54.50 — New York Code / Act LFN / Article 2 / Title 4 / Section 54.50
Costs of sales; county of Erie
Status: in_force

§ 54.50 Costs of sales; county of Erie. To facilitate the marketing of\nany issue of serial bonds or notes of the county of Erie issued on or\nbefore June thirtieth, two thousand twenty-seven such county may,\nnotwithstanding any limitations on private sales of bonds provided by\nlaw, and subject to approval by the state comptroller of the terms and\nconditions of such sale:\n  a. arrange for the underwriting of its bonds or notes at private sale\nthrough negotiated agreement, compensation for such underwriting to be\nprovided by negotiated fee or by sale of such bonds or notes to an\nunderwriter at a price less than the sum of par value of, and the\naccrued interest on, such obligations; or\n  b. arrange for the private sale of its bonds or notes through\nnegotiated agreement, compensation for such sales to be provided by\nnegotiated fee, if required. The cost of such underwriting or private\nplacement shall be deemed a preliminary cost for purposes of section\n11.00 of this article.\n
N.Y. LAB Law § 550 — New York Code / Act LAB / Article 18 / Title 4 / Section 550
Unemployment insurance fund
Status: in_force

§ 550. Unemployment insurance fund. 1. Composition and investment. (a)\nThe unemployment insurance fund shall be continued. It shall consist of\nall contributions, interest, penalties and monies from the re-employment\nservice fund pursuant to section five hundred eighty-one-b of this\narticle received and paid into the fund, and of moneys credited to this\nstate pursuant to section nine hundred three of the federal social\nsecurity act, of property and securities acquired by and through the use\nof moneys belonging to the fund, and of interest earned thereon. All\nmoney in the fund, immediately upon receipt, shall be deposited or\ninvested in the obligations of the "Unemployment Trust Fund" of the\nUnited States government or its authorized agent, so long as said trust\nfund exists, notwithstanding any other statutory provision to the\ncontrary. The commissioner shall requisition from the unemployment trust\nfund necessary amounts from time to time.\n  (b) Notwithstanding any other provision of this article, any moneys\ncredited to the state pursuant to section nine hundred three of the\nfederal social security act for federal fiscal years two thousand, two\nthousand one and two thousand two, shall be transferred into the\nunemployment administration fund established pursuant to section five\nhundred fifty-one of this title. These moneys are to be used only to pay\nexpenses incurred by the state for the administration of the\nunemployment insurance law and are not to be used for the payment of\nunemployment compensation or for the administration of state public\nemployment offices.\n  2. Custodian of funds. The state commissioner of taxation and finance\nand the state comptroller shall be the custodians of the funds received\nupon requisition by the industrial commissioner from the unemployment\ntrust fund and, subject to audit by the state comptroller, the\nindustrial commissioner shall direct the disbursement thereof. The state\ncommissioner of taxation and finance, notwithstanding any other\nprovision of law, may for the purpose of such disbursement authorize any\ndepository of the fund to make payments out of any moneys therein upon\ndrafts on the fund issued by the industrial commissioner and\ncountersigned by the state comptroller. The state commissioner of\ntaxation and finance may deposit any portion of such funds which he\ndeems not needed for immediate use in the manner and subject to all the\nprovisions of law respecting the deposit of other state funds by him.\nInterest earned by such portion of such funds deposited by the state\ncommissioner of taxation and finance shall be collected by him and\nplaced to the credit of the fund.\n  3. Fund sole source of benefits. The fund shall be administered in\ntrust and shall be used solely to pay benefits, except that subject to\nthe limitations therein contained moneys credited to this fund pursuant\nto section nine hundred three of the federal social security act may\nupon an appropriation duly made by the legislature be used for the\nadministration of the unemployment insurance law and shall for such\npurpose and to the extent required be transferred to the administration\nfund established under this article. All payments shall be made upon\nvouchers drawn on the fund by the commissioner in accordance with\nprocedures established by him. The fund shall be the sole and exclusive\nsource for the payment of benefits which shall be due and payable only\nto the extent that contributions and other payments to the fund with\nincrements thereon, actually collected and credited to the fund and not\notherwise appropriated or allocated, are available therefor.\n  4. Non-liability of state. The state of New York undertakes the\nadministration of the fund without any liability on the part of the\nstate beyond the amount of moneys received through allotment from any\nagency of the United States.\n
N.Y. PBA Law § 1686 — New York Code / Act PBA / Article 8 / Title 4 / Section 1686
Remedies of bondholders
Status: in_force

§ 1686. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any of the\nbonds after the same shall become due, whether at maturity or upon call\nfor redemption, and such default shall continue for a period of thirty\ndays, or in the event that the authority shall fail or refuse to comply\nwith the provisions of this title, or shall default in any agreement\nmade with the holders of the bonds, the holders of twenty-five per\ncentum in aggregate principal amount of the bonds then outstanding by\ninstrument or instruments filed in the office of the clerk of the county\nin which the dormitory is located and proved or acknowledged in the same\nmanner as a deed to be recorded may appoint a trustee to represent the\nbondholders for the purposes herein provided;\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum of the principal amount of the bonds then\noutstanding upon any dormitory shall, in his or its own name\n  (a) by suit, action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority and the board\nto collect rental and other revenues of any dormitory adequate to carry\nout any agreement as to, or pledge of, such rental and other revenues,\nand to require the authority and the board to carry out any other\nagreements with the bondholders and to perform its and their duties\nunder this title;\n  (b) bring suit upon the bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the bondholders;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the bondholders;\n  (e) declare all bonds due and payable upon any dormitory, and if all\ndefaults shall be made good, annul, upon the written consent of the\nholders of twenty-five per centum in principal amount of the bonds then\noutstanding, such declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of the bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county in which the\ndormitory is located.\n  4. Before declaring the principal of all bonds due and payable the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not all bonds have been declared due\nand payable, shall be entitled as of right to the appointment of a\nreceiver who may enter and take possession of the dormitory or any part\nor parts thereof and operate and maintain the same and collect and\nreceive all rentals and other revenues thereafter arising therefrom in\nthe same manner as the authority itself might do and shall deposit all\nsuch moneys in a separate account and apply the same in such manner as\nthe court shall direct. In any suit, action or proceeding by the trustee\nthe fees, counsel fees and expenses of the trustee and of the receiver,\nif any, shall constitute taxable disbursements and all costs and\ndisbursements allowed by the court shall be a first charge on any\nrentals and other revenues derived from the dormitory.\n  6. Such trustees shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of the bondholders in the enforcement and protection of\ntheir rights.\n
N.Y. PBA Law § 1680-P — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-P
Longitudinal data system
Status: in_force

§ 1680-p. Longitudinal data system. 1. Notwithstanding the provisions\nof any other law to the contrary, the authority is hereby authorized to\nissue bonds or notes in one or more series for the purpose of funding\nproject costs for the implementation of a state longitudinal data\nsystem. The aggregate principal amount of bonds authorized to be issued\npursuant to this section shall not exceed twenty million four hundred\nthousand dollars, excluding bonds issued to fund one or more debt\nservice reserve funds, to pay costs of issuance of such bonds, and bonds\nor notes issued to refund or otherwise repay such bonds or notes\npreviously issued. Such bonds and notes of the authority shall not be a\ndebt of the state, and the state shall not be liable thereon, nor shall\nthey be payable out of any funds other than those appropriated by the\nstate to the authority for principal, interest, and related expenses\npursuant to a service contract and such bonds and notes shall contain on\nthe face thereof a statement to such effect. Except for purposes of\ncomplying with the internal revenue code, any interest income earned on\nbond proceeds shall only be used to pay debt service on such bonds.\n  2. Notwithstanding any other provision of law to the contrary, in\norder to assist the authority in undertaking the financing of\nconstruction of a state longitudinal data system but not limited to the\ndevelopment and purchase of computer hardware, software, and related\nequipment, such amount shall include expenses made by the State\nUniversity of New York, the City University of New York and the\ndepartment of education, the director of the budget is hereby authorized\nto enter into one or more service contracts with the authority, none of\nwhich shall exceed thirty years in duration, upon such terms and\nconditions as the director of the budget and the authority agree, so as\nto annually provide to the authority, in the aggregate, a sum not to\nexceed the principal, interest, and related expenses required for such\nbonds and notes. Any service contract entered into pursuant to this\nsection shall provide that the obligation of the state to pay the amount\ntherein provided shall not constitute a debt of the state within the\nmeaning of any constitutional or statutory provision and shall be deemed\nexecutory only to the extent of monies available and that no liability\nshall be incurred by the state beyond the monies available for such\npurpose, subject to annual appropriation by the legislature. Any such\ncontract or any payments made or to be made thereunder may be assigned\nand pledged by the authority as security for its bonds and notes, as\nauthorized by this section.\n
N.Y. PBA Law § 211 — New York Code / Act PBA / Article 2 / Title 4 / Section 211
Exemption from taxation
Status: in_force

* § 211. Exemption from taxation. The construction, maintenance and\noperation of Bethpage park is in all respects for the benefit of the\npeople of the state of New York for the increase of their pleasure,\nconvenience and welfare and for the improvement of their health, and the\nauthority shall be regarded as performing a governmental function in\ncarrying out its corporate purpose and shall be required to pay no taxes\nor assessments of any kind whatsoever upon any of the property acquired\nby it, which said property shall be exempt from taxation so long as the\nsame is owned or possessed by the authority, or upon its activities in\nthe operation and maintenance of Bethpage park or upon any revenues or\nother income received by it, and any mortgage of real property executed,\ngiven or made by the authority shall be exempt from any tax imposed on\nthe recording thereof and any person or corporation owning any debt or\nobligation of the authority secured by any mortgage of its real property\nshall be exempt from any tax on the recording of such mortgage. Nothing\nin this section shall be construed, however, to impress any trust upon\nsuch property as such or to limit the absolute character of any title\nwhich may be derived through the authority by sale or the foreclosure of\nany lien or mortgage thereon.\n  * NB (Abolished in 1975)\n
N.Y. VAT Law § 463 — New York Code / Act VAT / Title 4 / Article 17-A / Section 463
Unfair business practices by franchisors
Status: in_force

§ 463. Unfair business practices by franchisors. 1. It shall be\nunlawful for any franchisor to directly or indirectly coerce or attempt\nto coerce any franchised motor vehicle dealer:\n  (a) To order or accept delivery of any motor vehicle or vehicles,\nappliances, tools, machinery, equipment, parts or accessories therefor\nor any other commodity or commodities which shall not have been\nvoluntarily ordered by said franchised motor vehicle dealer except any\nsuch items required by a recall campaign.\n  (b) To order or accept delivery of any motor vehicle with special\nfeatures, appliances, accessories or equipment not included in the list\nprice of said motor vehicle as publicly advertised by the franchisor.\n  (c) To contribute or pay money or anything of value into any\ncooperative or other advertising program or fund unless such program or\nfund shall be controlled by a dealer or group of dealers.\n  (d) To participate in any training program unless such program is\nexpressly limited to specific information necessary to sell or service\nthe models of vehicles the dealer is authorized to sell or service under\nthe dealer's franchise with that franchisor. A franchisor shall not\nunreasonably require an owner or dealer principal of a dealership to\nattend any meeting or training program. A franchisor who requires\nparticipation in a training program as authorized by this paragraph\nshall to the largest extent practicable make all reasonable efforts to\nlimit or reimburse the expenses of a dealer incurred in attending such\nprogram. Nothing in this paragraph shall be deemed to prohibit any\ntraining program located within a dealer's own principal place of\nbusiness.\n  (e) To sell, or sell exclusively an extended service contract,\nextended maintenance plan or similar product, including, but not limited\nto, gap products offered, endorsed or sponsored by the franchisor by the\nfollowing means:\n  (1) by a statement made by the franchisor that failure to do so will\nsubstantially and adversely impact the dealer; or\n  (2) by a provision in a franchise agreement that the dealer sell, or\nsell exclusively an extended service contract, extended maintenance plan\nor similar product offered, endorsed or sponsored by the franchisor; or\n  (3) by measuring the dealer's performance under the franchise based on\nthe sale of extended service contracts, extended maintenance plans or\nsimilar products offered, endorsed or sponsored by the manufacturer or\ndistributor; or\n  (4) by requiring the dealer to exclusively promote the sale of\nextended service contracts, extended maintenance plans or similar\nproducts offered, endorsed or sponsored by the franchisor.\n  Nothing in this section shall prohibit a franchisor from:\n  (A) providing incentives to a dealer that makes the voluntary decision\nto sell or sell exclusively an extended service contract, extended\nmaintenance plan or similar product, including, but not limited to, gap\nproducts offered, endorsed or sponsored by the franchisor, or\n  (B) requiring that a dealer that sells an extended service contract,\nextended maintenance plan, or similar product that is not offered,\nendorsed or sponsored by the franchisor, disclose to the consumer the\ndisclosures required under section seven thousand nine hundred five of\nthe insurance law, and a separate statement, acknowledged by the\nconsumer, that the extended service contract, extended maintenance plan\nor similar product is not offered, endorsed or sponsored by the\nfranchisor, if that is the case.\n  2. It shall be unlawful for any franchisor, notwithstanding the terms\nof any franchise contract:\n  (a) To refuse to deliver in reasonable quantity and within a\nreasonable time after receipt of a dealer's order to any franchised\nmotor vehicle dealer any vehicle covered by such franchise which is\npublicly advertised by such franchisor to be available for immediate\ndelivery.  Provided, however, the failure to deliver any motor vehicle\nshall not be considered a violation of this article if such failure be\ndue to acts of God, work stoppages or delays due to strikes or labor\ndifficulties, freight embargoes, shortage of materials, a lack of\nmanufacturing capacity or other causes over which the franchisor shall\nhave no control.\n  (b) To directly or indirectly coerce or attempt to coerce any\nfranchised motor vehicle dealer to enter into any agreement with such\nfranchisor or officer, agent or other representative thereof, or to do\nany other act prejudicial to the monetary interests or property rights\nof said dealer by threatening to terminate said dealer. Provided,\nhowever, that good faith notice to any franchised motor vehicle dealer\nof said dealer's violation of any terms or provisions of such franchise\nshall not constitute a violation of this article.\n  (c) (1) To condition the renewal or extension of a franchise on a\nfranchised motor vehicle dealer's substantial renovation of the dealer's\nplace of business or on the construction, purchase, acquisition or\nrental of a new place of business by the franchised motor vehicle dealer\nunless the franchisor has advised the franchised motor vehicle dealer in\nwriting of its intent to impose such a condition within a reasonable\ntime prior to the effective date of the proposed date of renewal or\nextension (but in no case less than one hundred eighty days) and\nprovided the franchisor demonstrates the need for such change in the\nplace of business and the reasonableness of such demand in view of the\nneed to service the public and the economic conditions existing in the\nautomobile industry at the time such action would be required of the\nfranchised motor vehicle dealer. As part of any such condition the\nfranchisor shall agree, in writing, to supply the dealer with a\nreasonable quantity and mix of additional new motor vehicles which, as\ndetermined by a reasonable analysis of market conditions, are projected\nto meet the sales levels necessary to support the increased overhead\nincurred by the franchised motor vehicle dealer by reason of such\nrenovation, construction, purchase, acquisition or rental of a new place\nof business.\n  (2) To require a franchised motor vehicle dealer to purchase goods,\nbuilding materials, or services for the dealer's place of business,\nincluding, but not limited to, office furniture, design features,\nflooring, and wall coverings, from a vendor chosen by the franchisor if\ngoods, building materials, or services of substantially similar quality\nand design are available from other sources, provided, however, that the\ngoods or building materials are not subject to the franchisor's\nintellectual property or trademark rights and the franchised motor\nvehicle dealer has received the franchisor's approval, which approval\nmay not be unreasonably withheld. Nothing in this subdivision shall be\nconstrued to allow a franchised motor vehicle dealer to impair or\neliminate a franchisor's intellectual property or trademark rights and\ntrade dress usage guidelines, or to impair other intellectual property\ninterests owned or controlled by the franchisor.\n  (3) Except as necessary to comply with a health or safety law, or to\ncomply with a technology requirement, which is necessary to sell or\nservice a motor vehicle that the franchised motor vehicle dealer is\nauthorized or licensed by the franchisor to sell or service, to require\na franchised motor vehicle dealer to construct a new dealer facility or\nsubstantially alter or remodel an existing dealer facility before the\ndate that is ten years after the date the construction of the new dealer\nfacility or such alteration or remodeling at that location was completed\nand shall continue with any successor owner provided such owner has been\ndesignated and approved by the franchisor in the franchise agreement,\nand such construction, alteration or remodeling substantially complied\nwith the franchisor's brand image standards or plans that the franchisor\nprovided at the time the construction, alteration, or remodeling was\ncompleted.\n  (i) As used in this subparagraph, "substantially alter":\n  (A) refers to an alteration that has a major impact on the\narchitectural features, characteristics, or integrity of a structure or\nlot; and\n  (B) does not include routine maintenance, such as interior painting,\nreasonably necessary to keep a dealership facility in attractive\ncondition.\n  (ii) Nothing in this paragraph shall prohibit a franchisor from:\n  (A) continuing a facility improvement program that is in effect as of\nthe effective date of this paragraph with more than one franchised motor\nvehicle dealer in the state or to renewing or modifying such program; or\n  (B) providing lump sum or regularly-scheduled payments to assist a\nfranchised motor vehicle dealer in making a facility improvement,\nincluding construction, alteration or remodeling, or installing signage\nor a franchisor image element;\n  (C) providing reimbursement to a franchised motor vehicle dealer on\nreasonable, written terms for a portion of the franchised motor vehicle\ndealer's cost of making a facility improvement, including construction,\nalteration or remodeling, the purchase of goods, building materials or\nservices, or installing signage or a franchisor image element.\n  (4) To deny a franchised motor vehicle dealer a franchisor image\nelement payment, incentive or allowance if the franchised motor vehicle\ndealer, with the franchisor's approval, began construction, alterations\nor remodeling intended to comply with the franchisor's image element\nprogram before the franchisor substantially changed or terminated the\nprogram prior to the program's scheduled ending date provided the dealer\nis otherwise eligible for program payments and provided that after such\nsubstantial change or termination, the compensation payable to the\ndealer shall be limited to image element payments, incentives or\nallowances that the dealer would have earned through program's scheduled\nending date, provided that the dealer complies with all program\nrequirements, and provided, further, that such program or payments are\nnot otherwise prohibited by law or regulation.\n  (5) To require or attempt to require a franchised motor vehicle dealer\nto establish or maintain exclusive dealership facilities unless\njustified by current and reasonably expected future economic conditions\nexisting in the dealer's relevant market area at the time the request\nfor exclusive facilities is made; provided that the foregoing shall not\nrestrict the terms and conditions of any agreement for which the dealer\nhas voluntarily accepted valuable consideration separate from the\nfranchised motor vehicle dealer's right to sell and service motor\nvehicles for the franchisor. The fact that local market share, facing\ncompetitive brand dealerships have exclusive dealership facilities shall\nconstitute evidence that current economic conditions may justify the\nrequirement to establish and maintain exclusive dealership facilities.\n  (6) To require a site control provision regarding the dealer's place\nof business to survive or continue after the termination of such\ndealer's franchise if the termination is due to the discontinuation of\nthe line-make that was the subject of the agreement.\n  (d) (1) To terminate, cancel or refuse to renew the franchise of any\nfranchised motor vehicle dealer except for due cause, regardless of the\nterms of the franchise. A franchisor shall notify a franchised motor\nvehicle dealer, in writing, of its intention to terminate, cancel or\nrefuse to renew the franchise of such dealer at least ninety days before\nthe effective date thereof, stating the specific grounds for such\ntermination, cancellation or refusal to renew. In no event shall the\nterm of any such franchise expire without the written consent of the\nfranchised motor vehicle dealer involved prior to the expiration of at\nleast ninety days following such written notice except as hereinafter\nprovided.\n  (2) A change in ownership of a manufacturer or distributor that\ncontemplates a continuation of that line make in the state shall not\ndirectly or indirectly, through actions of any parent of the\nmanufacturer or distributor, subsidiary of the manufacturer or\ndistributor, or common entity cause a termination, cancellation, or\nnonrenewal of a dealer agreement by a present or previous manufacturer\nor distributor of an existing agreement unless the manufacturer or\ndistributor offers the new vehicle dealer an agreement substantially\nsimilar to that offered to other dealers of the same line make.\n  (3) The provisions of subparagraphs one and two of this paragraph\nnotwithstanding, a franchisor may terminate its franchise with a\nfranchised motor vehicle dealer upon at least fifteen days written\nnotice upon the occurrence of any of the following: (i) conviction of a\nfranchised motor vehicle dealer, or one of its principal owners, of a\nfelony or a crime punishable by imprisonment which substantially\nadversely affects the business of the franchisor, or (ii) the failure of\nthe franchised motor vehicle dealer to conduct its customary sales and\nservice operations for a continuous period of seven business days,\nexcept for acts of God or circumstances beyond the direct control of the\nfranchised motor vehicle dealer or when any license required by the\nfranchised motor vehicle dealer is suspended for a period of thirty days\nor less, or (iii) insolvency of the franchised motor vehicle dealer, or\nfiling of any petition by or against the franchised motor vehicle dealer\nunder any bankruptcy or receivership law.\n  (e) (1) Any franchised motor vehicle dealer who receives a written\nnotice of termination or a written notice of a franchisor's demand that\nthe dealer substantially renovate an existing place of business, or buy,\nconstruct or rent a new place of business as a condition of franchise\nrenewal or extension may have a review of the demand to change the place\nof business or the threatened termination by instituting an action, as\nprovided in section four hundred sixty-nine of this article. If such\naction is commenced within four months of receipt of notice, such action\nshall serve to stay, without bond, the proposed termination or\nrenovation or demand to change the place of business until the final\njudgment has been rendered in an adjudicatory proceeding or action, as\nprovided in section four hundred sixty-nine of this article.\n  (2) The issues to be determined in an action commenced pursuant to\nsubparagraph one of this paragraph are whether the franchisor's notice\nof termination was issued with due cause and in good faith. The burden\nof proof shall be upon the franchisor to prove that due cause and good\nfaith exist. The franchisor shall also have the burden of proving that\nall portions of its current or proposed sales and service requirements\nfor the protesting franchised new motor vehicle dealer are reasonable.\n  The determination of due cause shall be that there exists a material\nbreach by a new motor vehicle dealer of a reasonable and necessary\nprovision of a franchise if the breach is not cured within a reasonable\ntime after written notice of the breach has been received from the\nmanufacturer or distributor.\n  (3) The franchisor shall provide notification in writing to the dealer\nthat the dealer has one hundred eighty days to correct dealer sales and\nservice performance deficiencies or breaches and that the franchise is\nsubject to termination under this section if the dealer does not correct\nthose deficiencies or breaches. If the termination is based upon\nperformance of the dealer in sales and service then there shall be no\ndue cause if the dealer substantially complies with the reasonable\nperformance provisions of the franchise during such cure period and, no\ndue cause if the failure to demonstrate such substantial compliance was\ndue to factors which were beyond the control of such dealer.\n  (f) To intentionally resort to or use any false or misleading\nadvertisements.\n  (g) To sell or offer to sell any new motor vehicle to any franchised\nmotor vehicle dealer at a lower actual price therefor than the actual\nprice offered to any other franchised motor vehicle dealer for the same\nmodel vehicle similarly equipped or to utilize any device including, but\nnot limited to, sales promotion plans or programs which result in such\nlesser actual price. Provided, however, the provisions of this paragraph\nshall not apply to sales to a franchised motor vehicle dealer for: (i)\nresale to any unit of government; or (ii) donation or use by said dealer\nin a driver education program. This paragraph shall not be construed to\nprevent the offering of incentive programs or other discounts provided\nsuch incentives or discounts are reasonably available to all franchised\nmotor vehicle dealers in this state on a proportionately equal basis.\n  (h) To sell or offer to sell any new motor vehicle to any person,\nexcept a distributor, at a lower actual price therefor than the actual\nprice offered and charged to a franchised motor vehicle dealer for the\nsame model vehicle similarly equipped or to utilize any device which\nresults in such lesser actual price.\n  (i) To sell or offer to sell parts and/or accessories to any\nfranchised motor vehicle dealer at a lower actual price therefor than\nthe actual price offered to any other franchised motor vehicle dealer\nfor similar parts and/or accessories for use in his own business.\nProvided, however, that nothing herein contained shall be construed to\nprevent a manufacturer or distributor, or any agent thereof, from\nselling to a franchised motor vehicle dealer, who operates and serves as\na wholesaler of parts and accessories, such parts and accessories as may\nbe ordered by such franchised motor vehicle dealer for resale to retail\noutlets at a lower actual price than the actual price offered a\nfranchised motor vehicle dealer who does not operate or serve as a\nwholesaler of parts and accessories. This paragraph shall not be\nconstrued to prevent the offering of incentive programs or other\ndiscounts provided the franchisor demonstrates that such incentives or\ndiscounts are reasonably available to all franchised motor vehicle\ndealers in the state on a proportionately equal basis.\n  (j) To prevent or attempt to prevent, by contract or otherwise, any\nfranchised motor vehicle dealer from changing the capital structure of\nits dealership, or the means by or through which it finances the\noperation of its dealership, or finances the acquisition or retention of\ninventory, provided the dealer at all times meets any capital standards\nagreed to between the dealer and the franchisor and as applied by the\nfranchisor to all other comparable franchised motor vehicle dealers of\nthe franchisor located within the state.\n  (k) To unreasonably withhold consent to the sale or transfer of an\ninterest, in whole or in part, to any other person or party by any\nfranchised motor vehicle dealer or any partner or stockholder of any\nfranchised motor vehicle dealer. If such consent to sale or transfer\nshall be withheld by the franchisor, the franchisor shall provide\nspecific reasons for its withholding of consent within sixty days of\nreceipt of the request for such consent provided such request is\naccompanied by proper documentation as may reasonably be required by the\nfranchisor. Upon receipt of notice and reasons for the franchisor's\nwithholding of consent, the franchised motor vehicle dealer may within\none hundred twenty days have a review of the manufacturer's decision as\nprovided in section four hundred sixty-nine of this article.\n  (l) To require a franchised motor vehicle dealer to assent to a\nrelease, assignment, novation, waiver or estoppel which would relieve\nany person from liability imposed under this article, provided that this\nparagraph shall not be construed to prevent a franchised motor vehicle\ndealer from entering into a valid release or settlement agreement with a\nfranchisor.\n  (m) (1) To deny to the surviving spouse or heirs of an individual\nfranchised motor vehicle dealer or of a partner of an unincorporated\nfranchised motor vehicle dealer or of a stockholder of a corporate\nfranchised motor vehicle dealer the right to succeed to the interest of\nthe decedent in such franchised motor vehicle dealership enterprise or\ndirectly or indirectly to interfere with, hinder or prevent the\ncontinuance of the business of the franchised motor vehicle dealer by\nreason of such succession to the interest of the decedent. Provided,\nhowever, that the continuation of the business of the franchised motor\nvehicle dealer shall be conducted under competent management acceptable\nto the franchisor, whose acceptance shall not be unreasonably withheld.\n  (2) Notwithstanding the foregoing, in the event the franchised motor\nvehicle dealer and franchisor have duly executed an agreement concerning\nsuccession rights prior to the individual dealer's, partner's or\nstockholder's death and if such agreement has not been revoked by the\nfranchised motor vehicle dealer, such agreement shall be observed, even\nif it designates an individual other than the surviving spouse or heirs\nof the decedent.\n  (n) To fail to indemnify and hold harmless its franchised motor\nvehicle dealers against any losses or damages including, but not limited\nto, court costs and attorneys' fees arising out of actions, claims or\nproceedings including, but not limited to, those based upon strict\nliability, negligence, misrepresentation, warranty (expressed or\nimplied) or revocation as described in section 2-608 of the uniform\ncommercial code, where the action, claim or proceeding directly relates\nto the manufacture, assembly or design of new motor vehicles, parts or\naccessories or other functions of the franchisor including, without\nlimitation, the selection by the franchisor of parts or components for\nthe vehicle or any damages to merchandise or vehicles occurring in\ntransit where the carrier is designated by the franchisor,\nnotwithstanding the terms of any franchise. If the action, claim or\nproceeding includes independent allegations against the franchised motor\nvehicle dealer, the franchisor shall bear only that portion of the\ncosts, fees and judgment which is directly related to the manufacture,\nassembly or design of the vehicle, parts or accessories, or other\nfunction of the franchisor beyond the control of the franchised motor\nvehicle dealer.\n  (o) (1) Upon a termination of a franchise by a franchisor or\nfranchised motor vehicle dealer under this article, to refuse to accept\na return of new and unused current model motor vehicle inventory which\nhas been acquired from the franchisor, new and unused noncurrent model\nmotor vehicle inventory which has been acquired from the franchisor\nwithin one hundred eighty days of the effective date of the termination;\nsupplies, parts, equipment, signage, special tools, and furnishings\npurchased from the franchisor or its approved sources. The obligation of\nthe franchisor, except with respect to signage shall be limited to the\nrepurchase of the above property which is unaltered and undamaged, in\ngood and useable condition, and, in the case of supplies, parts and\nequipment to those items which are currently listed in the franchisor's\nsupplies and parts list. In the case of signage, the franchisor shall be\nobligated to repurchase any franchisor required signage, purchased\nwithin the five years preceding termination and which is in good and\nuseable condition less depreciation as set forth in the Internal Revenue\nCode of one-fifteenth of the initial cost per year starting the year\nfollowing the dealer's acquisition of the item. Furthermore, the\nobligation of the franchisor to repurchase supplies upon a termination,\ncancellation or nonrenewal by a franchised motor vehicle dealer shall be\nlimited to supplies mandated by the franchisor. Parts eligible for\nrepurchase shall include parts which have been renumbered in the current\nparts list but which are identical in design and material to the\ncurrently numbered part. The return rights afforded the franchised motor\nvehicle dealer under the provisions of the paragraph shall be in\naddition to those, if any, provided in the franchise agreement.\n  (2) The franchisor shall pay fair and reasonable compensation for the\nabove described property upon repurchase. In the case of new motor\nvehicle inventory, accessories and parts, fair and reasonable\ncompensation shall in no instance be less than the net acquisition price\npaid by the franchised motor vehicle dealer to the franchisor or its\napproved sources. Upon a termination of a franchise by a franchisor,\nwithin thirty days of such termination, the franchisor shall send to the\nfranchised motor vehicle dealer instructions on the methodology by which\nthe franchised motor vehicle dealer must ship the above described\nproperty to the franchisor; the franchisor shall then remit payment for\nsuch property to the franchised motor vehicle dealer within sixty days\nafter receipt of such property.\n  (3) Upon a termination of a franchise by a franchised motor vehicle\ndealer where the franchise consists primarily of the distribution and\nsale of house coaches, the franchisor's repurchase obligations set forth\nin this paragraph shall not apply.\n  (4) In addition to any other requirements of this subdivision, in the\nevent a franchisor terminates a franchise due to termination of a line\nmake, the franchisor shall compensate the dealer for any franchisor\nrequired facility construction, alterations or remodeling, or\nconstruction, alterations or remodeling required for participation in\nany incentive programs which were completed by the dealer within three\nyears of the date the franchisor announced the termination of the line\nmake. For the purposes of this section, completion shall be deemed to\noccur at the later of the franchisor's final approval of the\nconstruction, alterations, or remodeling or the issuance of a\ncertificate of occupancy. The compensation required under this section\nshall be in an amount equal to the dealer's cost for the facility\nupgrades less any assistance provided to the dealer within three years\nof the date the franchisor announced the termination of the line make by\nthe manufacturer or distributor, and less the amount for depreciation as\nset forth in Internal Revenue Code of one thirty-ninth of the total\ninitial cost of such construction, alterations, or remodeling per year\nstarting the year following the dealer's completion of the facility\nconstruction, alterations, or remodeling.\n  (5) In addition to the requirements of subparagraph four of this\nparagraph, in the event a franchisor terminates a franchise due to a\ntermination of a line make, the franchisor shall compensate the dealer\nin an amount equal to the amount remaining on the terminated dealer's\nmanagement computer system lease or contract, or one year of lease\npayments, whichever is less if the dealer management computer system\nwill no longer be utilized as a result of the termination and the\nfranchisor required the dealer to utilize the particular dealer\nmanagement computer system.\n  (p) To refuse to repurchase for cost, including transportation\ncharges, a new vehicle which has been substantially damaged by the\nfranchisor or its agent; or to sell or transfer to a franchised motor\nvehicle dealer a new motor vehicle which has been subjected to repairs\nwith a retail value in excess of five percent of the lesser of the\nmanufacturer's or distributor's suggested retail price where such\nrepairs are performed after shipment from the franchisor including\ndamage to the vehicle while in transit without so notifying the\nfranchised motor vehicle dealer to whom such new motor vehicle so\nrepaired is sold or transferred. Such notice shall be in writing, advise\nof such repairs, and be provided prior to the receipt of any payment for\nsuch motor vehicle. If the franchisor shall fail to provide such notice,\nany franchised motor vehicle dealer suffering a loss by reason of such\nfailure shall be entitled to reimbursement from the franchisor who\nfailed to provide such notice.\n  (q) To provide directly or to grant to any person the right to perform\nwarranty or recall service on any new motor vehicle line other than a\nhouse coach line but deny to said person the right to purchase the motor\nvehicles of that line for resale to consumers in this state as new motor\nvehicles provided, however, that this paragraph shall not prohibit a\nfranchisor from:\n  (1) authorizing warranty service by employees of a fleet operator or\ngovernmental entity on owned vehicles; or\n  (2) authorizing such other persons to perform warranty service as the\nfranchisor deems necessary to protect its interests as they may be\naffected by section one hundred ninety-eight-a of the general business\nlaw.\n  A "fleet operator" shall be required to own for its own use or for the\nuse of others the minimum number of vehicles of the current or preceding\nmodel year manufactured or sold by the same franchisor as determined by\nthe standards of such franchisor applied on a general and consistent\nbasis to substantially all fleet operators. Notwithstanding the\npreceding, a franchisor which withdraws from the United States market\nshall continue to allow its former franchised motor vehicle dealers to\ncontinue servicing and supplying parts, including service and parts\nsupplied under the franchisor's warranty to vehicle owners, for a period\nof at least five years after such withdrawal from the United States\nmarket.\n  (r) To establish or attempt to establish the actual resale price for\nany new motor vehicle, part or accessory charged by a franchised motor\nvehicle dealer in the state, provided, however, nothing contained herein\nshall prohibit publication of recommended resale prices or historical\ninformation by a franchisor.\n  (s) To grant a commission to any person other than a franchised motor\nvehicle dealer within the state involved in the sale of a new motor\nvehicle by such franchised motor vehicle dealer without said franchised\nmotor vehicle dealer's written consent. This prohibition shall not apply\nto sales incentive programs for employees of franchised motor vehicle\ndealers as long as the payments are made by the franchisor to such\nemployees and not charged to the dealer.\n  (t) To require or attempt to require by the terms of the franchise\nthat any dispute arising out of or in connection with the\ninterpretation, performance or nonperformance of the parties to the\nfranchise or in any way related to the franchise be determined through\nthe application of any other state's laws.\n  (u) To use any subsidiary corporation, affiliated corporation, captive\nfinance source or any other controlled corporation, partnership,\nassociation or person to accomplish what would otherwise be unlawful\nconduct under this article on the part of the franchisor.\n  (v) To use a CSI (customer satisfaction index) or other system\nmeasuring a customer's degree of satisfaction with a franchised motor\nvehicle dealer as a sale or service provider unless any such system is\ndesigned and implemented in such a way that it is fair and equitable to\nboth the franchisor and the franchised motor vehicle dealer. In any\ndispute between a franchisor and a franchised motor vehicle dealer the\nparty claiming the benefit of the system as justification for acts in\nrelation to the franchise shall have the burden of demonstrating the\nfairness and equity of the system both in design and implementation in\nrelation to the pending dispute. Upon request of any franchised motor\nvehicle dealer, a franchisor shall disclose in writing to such dealer a\ndescription of how that system is designed and all relevant information\npertaining to such dealer used in the application of that system to such\ndealer.\n  (w) To withhold from a franchised motor vehicle dealer a new motor\nvehicle product of the same line make which the franchised motor vehicle\ndealer is authorized to sell under its franchise. Provided that the\nfailure to deliver any motor vehicle shall not be considered to be a\nviolation of this article if such failure is due to an act of God, work\nstoppages or delays due to strikes or labor difficulties, freight\nembargoes, shortages of materials, a lack of manufacturing capacity, or\nother causes over which the franchisor shall have no control. A\nfranchised motor vehicle dealer shall be entitled to sell and service\nall the manufacturer's new motor vehicles which the franchised motor\nvehicle dealer is authorized to sell pursuant to the franchise,\nprovided, however, a franchisor may impose reasonable facility, capital,\ntraining, tools and parts inventory requirements as a condition to the\nfranchised motor vehicle dealer being permitted to sell such new motor\nvehicle products. Conditions imposed by the franchisor shall be\nreasonably applied to all of its franchised motor vehicle dealers.\nFranchised motor vehicle dealers who are presently parties to a\nfranchise with the franchisor shall be offered the right to sell and\nservice any new motor vehicle product of the same line make owned or\ngenerally distributed by such franchisor's franchised motor vehicle\ndealer within such franchised motor vehicle dealer's designated area of\nresponsibility designated in the franchise agreement before any person\nnot a party to such a franchise for the sale of motor vehicles within\nsuch area of responsibility is offered or granted a franchise to sell\nsuch new motor vehicle product from a location within such area of\nresponsibility.\n  (x) To require a franchised motor vehicle dealer to agree to a term or\ncondition in a franchise, or as a condition to the offer, grant or\nrenewal of the franchise, lease or agreement, which:\n  (1) unless preempted by federal law, requires the franchised motor\nvehicle dealer to waive trial by jury in actions involving the\nfranchisor; or\n  (2) unless preempted by federal law, specifies the jurisdiction,\nvenues or tribunals in which disputes arising with respect to the\nfranchise, lease or agreement shall or shall not be submitted for\nresolution or otherwise prohibits a franchised motor vehicle dealer from\nbringing an action in a particular forum otherwise available.\n  (y) Subject to the provisions of paragraph (w) of this subdivision, to\nsell or offer to sell or lease or offer to lease a motor vehicle other\nthan to a franchised motor vehicle dealer in this state; provided,\nhowever, that this paragraph shall not apply to sales or leases of new\nmotor vehicles made by a franchisor to its employees, immediate family\nmembers of employees, retirees or immediate family members of retirees\nwhich are hereby authorized notwithstanding the provisions of section\nfour hundred fifteen of this title. Nothing in this paragraph shall\nprohibit a franchisor from utilizing direct marketing designed to\ngenerate leads via mail, phone, or any other medium, provided that leads\ndeveloped thereby are referred to the franchised motor vehicle dealers\nin this state and in proximity to the consumer pursuant to a fair and\nequitable system of allocating such leads or to the franchised motor\nvehicle dealer as specified by the consumer. The provisions of this\nparagraph shall not apply to franchisors of house coaches when the\nfranchisor does not have any franchised house coach dealers in this\nstate.\n  (z) To refuse to allocate, sell, or deliver motor vehicles, to charge\nback or withhold payments or other things of value for which the\nfranchisee is otherwise eligible, or to take or threaten to take any\nadverse action against a franchised motor vehicle dealer, in connection\nwith or as a result of any new motor vehicle sold by the franchised\nmotor vehicle dealer and subsequently exported, providing such dealer\ncan demonstrate that he exercised due diligence and that the sale was\nmade in good faith including that the dealer did not know nor reasonably\nshould have known of the purchaser's intention to export the motor\nvehicle. A franchised motor vehicle dealer which causes a new motor\nvehicle to be registered in this state or in a foreign state and causes\nto be collected the appropriate sales and use tax, or that reasonably\nrelied on a franchisor to complete a sale shall be presumed to have\nexercised good faith and due diligence. Prior to taking an adverse\naction, including a charge back, as a result of an export, a franchisor\nshall provide written notice to the franchised motor vehicle dealer of\nthe adverse action, and, if a charge back, the specific amount of the\ncharge back, and the vehicle or vehicles at issue. A dealer shall not be\nliable for the delivery of any vehicle sold through a franchisor's fleet\nprogram for any such delivery in which the sale or lease was not\ninitiated or negotiated by the dealer and its function was to provide\ndelivery on behalf of the franchisor.\n  (aa) To: (1) sell directly to a franchised motor vehicle dealer or, to\nor through a franchised motor vehicle dealer in which the franchisor\nowns any interest or controls the management, directly or indirectly,\nmotor vehicles, parts, warranties, or services at a price that is lower\nthan the price which the franchisor charges to all other franchised\nmotor vehicle dealers; or\n  (2) sell directly to a consumer at retail new original equipment\nmanufacturer's parts (OEM) at a price that is lower than the price which\nthe franchisor makes available to franchised motor vehicle dealers; or\n  (3) otherwise provide a franchised motor vehicle dealer in which the\nfranchisor owns any interest or controls the management, directly or\nindirectly, goods or services at a price that is lower than the price\ncharged to all other franchised motor vehicle dealers.\n  (bb) On and after the effective date of this paragraph, to acquire any\ninterest in any additional motor vehicle dealer in this state, with the\nexception of stock in a publicly held dealer when ownership is passive\nand for investment purposes only; provided, however, that nothing in\nthis paragraph shall prohibit a franchisor and its affiliates that own\nan interest in a franchised motor vehicle dealership that operates or is\napproved to operate, within one hundred twenty days after the effective\ndate of this paragraph, from selling or servicing a new line make of the\nfranchisor or its affiliates that was not distributed in this state as\nof the effective date of this paragraph. Provided, further, that nothing\nin this paragraph shall prohibit a franchisor from acquiring any\ninterest in any franchised motor vehicle dealership:\n  (1) when operating such franchise for a temporary period, not to\nexceed one year, during the transition from one owner of the motor\nvehicle dealership to another, provided, however, that such temporary\nperiod may be extended once for an additional period not to exceed one\nyear for good cause. Provided that for franchisors of house coaches, the\nperiod of temporary ownership of a franchised house coach dealership may\nbe extended in one year increments for good cause shown, except that the\naggregate of such extensions shall not exceed five years; or\n  (2) when operating such franchise temporarily under a plan with an\nindependent individual who is obligated to make a significant investment\nin the dealership that is subject to loss and has an ownership interest\nor expects to acquire full ownership in a reasonable period under\nreasonable terms and conditions, provided that a reasonable period shall\nbe presumed to not exceed eight years; provided, however, that the\nexception provided in this subparagraph shall not apply to any\nfranchisor, manufacturer, distributor, distributor branch or factory\nbranch that holds a certificate or registration pursuant to subparagraph\n(iii) of paragraph f of subdivision seven of section four hundred\nfifteen of this title.\n  (cc)(1) To enter into a franchise establishing an additional new motor\nvehicle dealer or relocating an existing new motor vehicle dealer into\nthe relevant market area of an existing franchise motor vehicle dealer\nof the same line make unless the franchisor provides notice pursuant to\nthe terms of this subdivision. All dealers that have a relevant market\narea that encompasses the proposed site shall be entitled to written\nnotice, via certified mail return receipt requested, informing them of\nthe proposed addition or relocation. Any new motor vehicle dealer may\ninstitute an action as provided in section four hundred sixty-nine of\nthis article to protest the establishment or relocation of the new motor\nvehicle dealer following receipt of such notice, or following the end of\nany appeal procedure provided by the franchisor. In any action brought\nby the dealer, the franchisor shall have the burden of proving that\nthere exists good cause for any such addition or relocation. Institution\nof an action pursuant to this subdivision shall serve to stay, without\nbond, the proposed addition or relocation until a final judgment has\nbeen rendered in a proceeding or action as provided in section four\nhundred sixty-nine of this article.\n  (2) This subdivision shall not apply to:\n  (i) the relocation or replacement, other than a replacement of a\ndealer who has moved within such area, of an existing new motor vehicle\ndealer within that dealer's own existing relevant market area, provided\nthat the relocation not be to a site within the relevant market area of\na licensed new motor vehicle dealer for the same line make of motor\nvehicle, unless such existing franchise was previously located within\nsuch new motor vehicle dealer's relevant market area; or\n  (ii) the addition of a new motor vehicle dealer or the establishment\nof a replacement new motor vehicle dealer, other than a replacement of a\ndealer who has moved within such area, at or within two miles of a\nlocation at which a former licensed new motor vehicle dealer for the\nsame line make of new motor vehicle had ceased operating within the\nprevious two years; or\n  (iii) the relocation of an existing new motor vehicle dealer within\ntwo miles of the existing site of the new motor vehicle dealership if\nthe franchise has been operating on a regular basis from the existing\nsite for a minimum of three years immediately preceding the relocation;\nor\n  (iv) the relocation of a new motor vehicle dealer of the same line\nmake if that dealer or replacement dealer is moving further away from a\nmotor vehicle dealer of of the same line make.\n  (3) In determining whether good cause has been established for not\nentering into or relocating an additional new motor vehicle dealer for\nthe same line make, there shall be individual findings with respect to\nthe following:\n  (i) the permanency of the investment of both the existing and proposed\nadditional new motor vehicle dealers;\n  (ii) growth or decline in population, density of population, and new\ncar registrations in the area;\n  (iii) effect on the consuming public in the area;\n  (iv) whether it is injurious or beneficial to the public welfare for\nan additional new motor vehicle dealer to be established;\n  (v) whether the new motor vehicle dealers of the same line make in\nthat area are providing adequate competition and convenient customer\ncare for the motor vehicles of the same line make including the adequacy\nof motor vehicle sales and service facilities, equipment, supply of\nmotor vehicle parts, and qualified service personnel;\n  (vi) whether the establishment of an additional new motor vehicle\ndealer or relocation of an existing new motor vehicle dealer in the\nrelevant market area would increase competition in a manner beneficial\nto the long-term public interest;\n  (vii) the effect on the dealer that proposed to relocate; and\n  (viii) any other factor which may be deemed material by the finder of\nfact to the unique facts and circumstances presented.\n  (dd) To unreasonably prevent or refuse to approve the relocation of a\ndealership to another site within that dealership's relevant market\narea. The dealership must provide prior written notice providing the\naddress of the proposed new location and a site plan of the proposed\nfacility. The franchisor must, within sixty days of receipt of such\ninformation, grant or deny the dealer's relocation request. Failure to\ntimely deny the request shall be deemed consent to the relocation.\n  (ee) To fail to reimburse a dealer in full for the actual cost of\nproviding a loaner vehicle to any customer who is having a vehicle\nserviced at the dealership if the provision of such a loaner vehicle is\nrequired by the franchisor. For the purposes of this paragraph, actual\ncost shall not exceed the average cost in the dealer's region for the\nrental of a substantially similar make and model as the vehicle being\nserviced.\n  (ff)(1) To modify the franchise of any franchised motor vehicle dealer\nunless the franchisor notifies the franchised motor vehicle dealer, in\nwriting, of its intention to modify the franchise of such dealer at\nleast ninety days before the effective date thereof, stating the\nspecific grounds for such modification.\n  (2) For purposes of this paragraph, the term "modify" or\n"modification" means any change or replacement of any franchise if such\nchange or replacement may substantially and adversely affect the new\nmotor vehicle dealer's rights, obligations, investment or return on\ninvestment.\n  (3) If any franchised motor vehicle dealer who receives a written\nnotice of modification institutes an action within one hundred twenty\ndays of receipt of such notice as provided in section four hundred\nsixty-nine of this article to have a review of the threatened\nmodification, such action shall serve to stay, without bond, the\nproposed modification until a final judgment has been rendered in an\nadjudicatory proceeding or action as provided in section four hundred\nsixty-nine of this article. A modification is deemed unfair if it is not\nundertaken in good faith; is not undertaken for good cause; or would\nadversely and substantially alter the rights, obligations, investment or\nreturn on investment of the franchised motor vehicle dealer under an\nexisting franchise agreement. In any action brought by the dealer, the\nfranchisor shall have the burden of proving that such modification is\nfair and not prohibited.\n  (gg) To use an unreasonable, arbitrary or unfair sales or other\nperformance standard in determining a franchised motor vehicle dealer's\ncompliance with a franchise agreement. Before applying any sales,\nservice or other performance standard to a franchised motor vehicle\ndealer, a franchisor shall communicate the performance standard in\nwriting in a clear and concise manner.\n  (hh) To require that a franchised motor vehicle dealer contribute\nmonetarily to any program or promotion without first receiving the\nwritten consent of the franchised motor vehicle dealer to participate in\nsuch program or promotion. For purposes of this paragraph, the written\nconsent specific to the particular program or promotion must be\nexecuted, by means of handwritten, typed or electronic signature, within\nsixty days prior to the start of the particular program or promotion,\nprovided, however, that consent shall not be required to continue\nparticipation in a program or promotion to which the dealer has given\nwritten consent to renewal, and provided further, that the dealer shall\nbe able to terminate such renewal upon reasonable written notice within\nthirty days following the start or renewal of the program or promotion.\n  (ii) To allocate new motor vehicles to a franchised motor vehicle\ndealer based on a program that differentiates between vehicle sales by a\nfranchised motor vehicle dealer within a territory or geographic area\nassigned to such dealer and vehicle sales outside of such territory or\ngeographic area.\n  (jj) To utilize a discriminatory, unreasonable, arbitrary or unfair\nsystem of allocation of new motor vehicle inventory. A franchisor shall\ncommunicate its system of allocation in writing in a clear and concise\nmanner to all same line-make dealers located in this state.\n  (kk) To refuse to disclose to any franchised motor vehicle dealer the\nmanner and mode of distribution of vehicles in the franchised motor\nvehicle dealer's line make within the state, and an explanation of the\nallocation system, including the methodology used, in a clear and\ncomprehensible form.\n  2-a. On and after the effective date of this subdivision, if a\nfranchisor notifies a franchised motor vehicle dealer, in writing, of\nits decision to monitor the continued viability of the dealership, the\nfranchisor shall include in such notice the specific reasons upon which\nthe franchisor's decision is based.\n  2-b. It shall be unlawful for any franchisor to provide financial\ninformation particular to a franchised motor vehicle dealer, including\nbut not limited to, selling prices and sales margins, that has been\ncollected from such franchised motor vehicle dealer to any other\nfranchised motor vehicle dealer including a franchised motor vehicle\ndealer in which the franchisor owns any interest or controls, directly\nor indirectly, the management thereof. Nothing contained in this\nsubdivision shall be deemed to prevent any franchisor from collecting\nand distributing any such financial information in an aggregate manner\nprovided that the information from any motor vehicle dealer has been\ncombined with the information from one or more franchised motor vehicle\ndealers such that the financial information from a particular dealer is\nno longer identifiable to such dealer.\n  3. In any action or proceeding instituted pursuant to the provisions\nof this section, there shall be available to the franchisor all of the\ndefenses provided for under section thirteen-b of title fifteen, United\nStates code, known as the Robinson-Patman Act.\n
N.Y. PBA Law § 1699*2 — New York Code / Act PBA / Article 8 / Title 4-A* / Section 1699*2
Designation of contract negotiator for small business set-asides
Status: in_force

* § 1699. Designation of contract negotiator for small business\nset-asides. The chairman shall designate an experienced contract\nnegotiator to serve as its small business procurement specialist whose\nduties shall include:\n  a. Compiling and maintaining a comprehensive bidders' list of small\nbusinesses. In this duty, he shall cooperate with the federal Small\nBusiness Administration in locating potential sources for various\nproducts and services.\n  b. Assisting small businesses in complying with the procedures for\nbidding on authority contracts at such educational institutions.\n  c. Examining requests from the board of trustees of the Bronx\ncommunity college for the purchase of property or services or for\nconstruction, reconstruction, rehabilitation or improvement of college\nfacilities to help determine which invitations to bid are to be\ndesignated small business set-asides.\n  d. Making recommendations to the chairman for the simplification of\nprocurement specifications and terms in order to increase the\nopportunities for small business participation.\n  e. Assisting in investigations by the chairman to determine the\nresponsibility of bidders on small business set-asides.\n  * NB There are 2 § 1699's\n
N.Y. PBA Law § 1680-L — New York Code / Act PBA / Article 8 / Title 4 / Section 1680-L
The special disability fund financing
Status: in_force

§ 1680-l. The special disability fund financing. 1. As used in this\nsection the following terms shall have the following meanings:\n  (a) "Ancillary bond facility" means any interest rate exchange or\nsimilar agreement or any bond insurance policy, letter of credit or\nother credit enhancement facility, liquidity facility, guaranteed\ninvestment or reinvestment agreement, or other similar agreement,\narrangement or contract.\n  (b) "Benefited party" means any person, firm or corporation that\nenters into an ancillary bond facility with the authority according to\nthe provisions of this section.\n  (c) "Bonds" means any bonds, notes, certificates of participation and\nother evidence of indebtedness issued by the authority pursuant to\nsubdivision five of this section.\n  (d) "Bond owners or owners of bonds" means any registered owners of\nbonds.\n  (e) "Chair" means the chair of the workers' compensation board.\n  (f) "Code" means the United States Internal Revenue Code of 1986, as\namended.\n  (g) "Costs of issuance" means any item of expense directly or\nindirectly payable or reimbursable by the authority and related to the\nauthorization, sale, or issuance of bonds, including, but not limited\nto, underwriting fees and fees and expenses of professional consultants\nand fiduciaries.\n  (h) "Debt service" means actual debt service, comprised of principal,\ninterest and associated costs, as defined in subparagraph five of\nparagraph (h) of subdivision eight of section fifteen of the workers'\ncompensation law.\n  (i) "Director of the budget" or "director" means the director of the\nbudget of the state of New York.\n  (j) "Financing agreement" means any agreement authorized pursuant to\nsubdivision four of this section between the chair and the commissioner\nof taxation and finance, and the authority.\n  (k) "Financing costs" means all costs of issuance, capitalized\ninterest, capitalized operating expenses of the authority and, pursuant\nto the financing agreement, the initial capitalized operating expenses\nof the waiver agreement management office and debt service reserves,\nfees, cost of any ancillary bond facility, and any other fees,\ndiscounts, expenses and costs related to issuing, securing and marketing\nthe bonds including, without limitation, any net original issue\ndiscount.\n  (l) "Investment securities" means: (i) general obligations of, or\nobligations guaranteed by, any state of the United States of America or\npolitical subdivision thereof, or the District of Columbia or any agency\nor instrumentality of any of them, receiving one of the three highest\nlong-term unsecured debt rating categories available for such securities\nof at least one independent rating agency, or (ii) certificates of\ndeposit, savings accounts, time deposits or other obligations or\naccounts of banks or trust companies in the state, secured, if the\nauthority shall so require, in such manner as the authority may so\ndetermine, or (iii) obligations in which the comptroller is authorized\nto invest pursuant to either section ninety-eight or ninety-eight-a of\nthe state finance law, or (iv) investments which the commissioner of\ntaxation and finance is permitted to make with surplus or reserve moneys\nof the special disability fund under subparagraph seven of paragraph (h)\nof subdivision eight of section fifteen of the workers' compensation\nlaw.\n  (m) "Interest rate exchange or similar agreement" means a written\ncontract entered into in connection with the issuance of bonds or with\nsuch bonds outstanding with a counterparty to provide for an exchange or\nswap of payments based upon fixed and/or variable interest rates, and\nshall be for exchanges in currency of the United States of America only.\n  (n) "Net proceeds" means the amount of proceeds remaining following\neach sale of bonds which are not required by the authority for purposes\nof this section to pay or provide for debt service or financing costs,\nas provided in the financing agreement.\n  (o) "Operating expenses" means the reasonable or necessary operating\nexpenses of the authority for purposes of this section, including,\nwithout limitation, the costs of: retention of auditors, preparation of\naccounting and other reports, maintenance of the ratings on the bonds,\nany operating expense reserve fund, insurance premiums, ancillary bond\nfacilities, rebate payments, annual meetings or other required\nactivities of the authority, and professional consultants and\nfiduciaries.\n  (p) "Outstanding", when used with respect to bonds, shall exclude\nbonds that shall have been paid in full at maturity, or shall have\notherwise been refunded, redeemed, defeased or discharged, or that may\nbe deemed not outstanding pursuant to agreements with the holders\nthereof.\n  (q) "Pledged assessments revenues", "pledged revenues" or "pledged\nassessments" means receipts of special disability fund assessments\nimposed pursuant to subparagraph four of paragraph (h) of subdivision\neight of section fifteen of the workers' compensation law and pledged\nfor the payment of debt service on the bonds or amounts due pursuant to\nan ancillary bond facility, including the right to receive same.\n  (r) "State" means the state of New York.\n  (s) "Special disability fund financing agreement" means an agreement\nauthorized and created pursuant to subparagraph five of paragraph (h) of\nsubdivision eight of section fifteen of the workers' compensation law,\nas same by its terms and bond proceedings, may be amended.\n  (t) "Waiver agreement" means waiver agreements entered into pursuant\nto section thirty-two of the workers' compensation law.\n  (u) "Waiver agreement management office" shall mean the office\ndescribed in paragraph (e) of section thirty-two of the workers'\ncompensation law.\n  2. The authority is hereby authorized to finance the special\ndisability fund established by paragraph (h) of subdivision eight of\nsection fifteen of the workers' compensation law and to enter into one\nor more special disability fund financing agreements described in such\nsubdivision. All of the provisions of the authority relating to bonds\nand notes which are not inconsistent with the provisions of this section\nshall apply to obligations authorized by this section, including but not\nlimited to the power to establish adequate reserves therefor and to\nissue renewal notes or refunding bonds thereof. The provisions of this\nsection shall apply solely to obligations authorized by this section and\nshall not include liabilities, assets or revenues other than\nliabilities, assets or revenues derived from the authority solely from\nthe special disability fund.\n  3. It is found and declared that the special disability fund no longer\nserves the purposes for which it was created, adds to the time and\nexpense of proceedings before the workers' compensation board and to\nemployers' costs for workers' compensation insurance; that the creation\nand operation of a waiver agreement management office of the workers'\ncompensation board, to manage, maintain and negotiate waiver agreements\non behalf of the special disability fund can reduce the special\ndisability fund's unfunded liability; that the reduction of such\nliability and the closing of the fund to new claims will over the long\nterm reduce assessments paid to the fund by insurance carriers,\nself-insurers and the state insurance fund, as well as the employers to\nwhom these costs are passed on; that in the absence of this section the\nannual cost of such assessments is expected to rise; that the settlement\nof claims and other actions undertaken by the waiver agreement\nmanagement office will lower the administrative costs of insurance\ncarriers, self-insurers and the state insurance fund; that revenue\nobligations issued by the authority and secured by a special assessment\nannually levied, imposed and collected on and from insurance carriers,\nself-insurers and the state insurance fund for the governmental purpose\nof funding waiver agreements amortized over a substantial period would\nallow the state to settle and otherwise manage claims as a means for\nreducing the fund's liabilities and the assessments needed to pay them,\nthereby furthering the policy of the state to reduce the costs of\nworkers' compensation and to improve the business climate in the state\nwhile compensating injured workers and honoring the obligations of the\nspecial disability fund; that all costs of the authority in relation to\nthis section shall be paid from assessments set forth in paragraph (h)\nof subdivision eight of section fifteen of the workers' compensation\nlaw; and that, therefore, the provisions of this section are for the\npublic benefit and good and the authorization as provided in this\nsection of the issuance of revenue obligations of the authority is\ndeclared to be for a public purpose and the exercise of an essential\ngovernmental function.\n  4. (a) The authority, the commissioner of taxation and finance and the\nchair, in consultation with the special disability fund advisory\ncommittee shall execute a financing agreement prior to the issuance of\nany bonds. Such agreement shall contain such terms and conditions as are\nnecessary to carry out and effectuate the purposes of this section,\nincluding covenants with respect to the assessment and enforcement of\nthe assessments, the application and use of the proceeds of the sale of\nbonds to preserve the tax-exemption on the bonds, the interest on which\nis intended to be exempt from taxation. The state shall not be\nauthorized to make any covenant, pledge, promise or agreement purporting\nto bind the state with respect to pledged revenues, except as otherwise\nspecifically authorized by this section.\n  (b) The net proceeds of the bonds shall be deposited in accordance\nwith the financing agreement and this section. The financing agreement\nshall provide for the application of the net bond proceeds, and such\nbond proceeds shall be used, for any of the following purposes: (i)\nfunding of waiver agreements, (ii) payment of financing costs, (iii)\nfunding anticipated liabilities of the special disability fund, (iv)\nfunding contract awards pursuant to subparagraph two of paragraph (h) of\nsection thirty-two of the workers' compensation law and (v) such other\npurposes as are set forth in the financing agreement. Not inconsistent\nwith this section, the authority may provide restrictions on the use and\ninvestment of net proceeds of the bonds and other amounts in the\nfinancing agreement or otherwise in a tax regulatory agreement as\nnecessary or desirable to assure that they are exempt from taxation.\n  5. (a) (i) The authority shall have power and is hereby authorized to\nissue its bonds at such times and in an aggregate principal amount not\nto exceed an amount to be determined by the superintendent of financial\nservices as necessary to address all or a portion of the incurred\nunfunded liabilities of the special disability fund, but in no case\nexceeding twenty-five percent of the unfunded liability of the special\ndisability fund as of a date no later than July first, two thousand\nseven, as certified to the authority by a qualified third party. The\nbonds shall be issued for the following corporate purposes: (A) funding\nof waiver agreements, (B) payment of financing costs, (C) funding\nanticipated liabilities of the special disability fund, (D) funding\ncontract awards pursuant to paragraph two of subdivision (h) of section\nthirty-two of the workers' compensation law and (E) such other purposes\nas are set forth in the financing agreement. The foregoing limitation on\noutstanding aggregate principal shall not apply to prevent the issuance\nof bonds to refund bonds.\n  (ii) Each issuance of bonds shall be authorized by a resolution of the\nauthority, provided, however, that any such resolution authorizing the\nissuance of bonds may delegate to an officer of the authority the power\nto issue such bonds from time to time and to fix the details of any such\nissues of bonds by an appropriate certificate of such authorized\nofficer. Every issue of the bonds of the authority for the special\ndisability fund shall be special revenue obligations payable from and\nsecured by a pledge of revenues and other assets, including those\nproceeds of such bonds deposited in a reserve fund for the benefit of\nbondholders, earnings on funds of the authority and such other funds and\nassets as may become available, upon such terms and conditions as\nspecified by the authority in the resolution under which the bonds are\nissued or in a related trust indenture.\n  (iii) The authority shall have the power and is hereby authorized from\ntime to time to issue bonds, in consultation with the special disability\nfund advisory committee to refund any bonds issued under this section by\nthe issuance of new bonds, whether the bonds to be refunded have or have\nnot matured, and to issue bonds partly to refund bonds then outstanding\nand partly for any of its other corporate purposes under this section.\nThe refunding bonds may be exchanged for the bonds to be refunded or\nsold and the proceeds applied to the purchase, redemption or payment of\nsuch bonds.\n  (b) The bonds of the authority of each issue shall be dated, shall\nbear interest (which, in the opinion of bond counsel to the authority,\nmay be includable in or excludable from the gross income of the owners\nfor federal income tax purposes) at such fixed or variable rates,\npayable at or prior to maturity, and shall mature at such time or times,\nas may be determined by the authority and may be made redeemable before\nmaturity, at the option of the authority, at such price or prices and\nunder such terms and conditions as may be fixed by the authority. The\nprincipal and interest of such bonds may be made payable in any lawful\nmedium. The resolution or the certificate of the authorized officer\nshall determine the form of the bonds, either registered or book-entry\nform, and the manner of execution of the bonds and shall fix the\ndenomination or denominations of the bonds and the place or places of\npayment of principal and interest thereof, which may be at any bank or\ntrust company within or outside the state. If any officer whose\nsignature or a facsimile thereof appears on any bonds shall cease to be\nsuch officer before the delivery of such bonds, such signature or\nfacsimile shall nevertheless be valid and sufficient for all purposes\nthe same as if such officer had remained in office until such delivery.\nThe authority may also provide for temporary bonds and for the\nreplacement of any bond that shall become mutilated or shall be\ndestroyed or lost.\n  (c) The authority may sell such bonds in such manner, either at a\npublic or private sale and either on a competitive or negotiated basis,\nprovided no such bonds may be sold by the authority at private sale\nunless such sale and the terms thereof have been approved in writing by\nthe comptroller of the state of New York. The proceeds of such bonds\nshall be disbursed for the purposes for which such bonds were issued\nunder such restrictions as the financing agreement and the resolution\nauthorizing the issuance of such bonds or the related trust indenture\nmay provide. Such bonds shall be issued upon approval of the authority\nand without any other approvals, filings, proceedings or the happening\nof any other conditions or things other than the approvals, findings,\nproceedings, conditions, and things that are specified and required by\nthis section. Provided, however, that any issuance of bonds under the\nauthority of this section shall be considered a project for the purposes\nof section fifty-one of this chapter, and subject to approval under such\nsection.\n  (d) Any pledge made by the authority shall be valid and binding at the\ntime the pledge is made. The assets, property, revenues, reserves or\nearnings so pledged shall immediately be subject to the lien of such\npledge without any physical delivery thereof or further act and the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind against the authority, irrespective of whether\nsuch parties have notice thereof. Notwithstanding any other provision of\nlaw to the contrary, neither the bond resolution nor any indenture or\nother instrument, including the financing agreement, by which a pledge\nis created or by which the authority's interest in pledged assets,\nproperty, revenues, reserves or earnings thereon is assigned need be\nfiled, perfected or recorded in any public records in order to protect\nthe pledge thereof or perfect the lien thereof as against third parties,\nexcept that a copy thereof shall be filed in the records of the\nauthority.\n  (e) Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments for\nall purposes, subject only to the provisions of the bonds for\nregistration.\n  (f) At the sole discretion of the authority, any bonds issued by the\nauthority and any ancillary bond facility made under the provisions of\nthis subdivision may be secured by a resolution or trust indenture by\nand between the authority and the trust indenture trustee, which may be\nany trust company or bank having the powers of a trust company, whether\nlocated within or outside the state, provided it is carried out in\naccordance with section sixty-nine-d of the state finance law. Such\ntrust indenture or resolution providing for the issuance of such bonds\nmay provide for the creation and maintenance of such reserves as the\nauthority shall determine to be proper and may include covenants setting\nforth the duties of the authority in relation to the bonds, the income\nof the authority, or the financing agreement. Such trust indenture or\nresolution may contain provisions: (i) respecting the custody,\nsafeguarding and application of all moneys and securities; (ii)\nprotecting and enforcing the rights and remedies (pursuant to the trust\nindenture and the financing agreement) of the owners of the bonds and\nany other benefited party as may be reasonable and proper and not in\nviolation of law; (iii) concerning the rights, powers and duties of the\ntrustee appointed by bondholders pursuant to paragraph (g) of this\nsubdivision; or (iv) limiting or abrogating the right of the bondholders\nto appoint a trustee. It shall be lawful for any bank or trust company\nwhich may act as depository of the proceeds of bonds or of any other\nfunds or obligations received on behalf of the authority to furnish such\nindemnifying bonds or to pledge such securities as may be required by\nthe authority. Any such trust indenture or resolution may contain such\nother provisions as the authority may deem reasonable and proper for\npriorities and subordination among the owners of the bonds and other\nbeneficiaries. For purposes of this section, a "resolution" of the\nauthority shall include any trust indenture authorized thereby.\n  (g) The authority may enter into, amend or terminate, as it determines\nto be necessary or appropriate, any ancillary bond facility in\nconsultation with the special disability fund advisory committee (i) to\nfacilitate the issuance, sale, resale, purchase, repurchase or payment\nof bonds, interest rate savings or market diversification or the making\nor performance of interest rate exchange or similar agreements,\nincluding without limitation bond insurance, letters of credit and\nliquidity facilities, (ii) to attempt to manage or hedge risk or achieve\na desirable effective interest rate or cash flow, or (iii) to place the\nobligations or investments of the authority, as represented by the bonds\nor the investment of reserved bond proceeds or other pledged revenues or\nother assets, in whole or in part, on the interest rate, cash flow or\nother basis decided in consultation with the special disability fund\nadvisory committee, which facility may include without limitation\ncontracts commonly known as interest rate exchange or similar\nagreements, forward purchase contracts or guaranteed investment\ncontracts and futures or contracts providing for payments based on\nlevels of, or changes in, interest rates. These contracts or\narrangements may be entered into by the authority in connection with, or\nincidental to, entering into, or maintaining any (i) agreement which\nsecures bonds of the authority or (ii) investment, or contract providing\nfor investment of reserves or similar facility guaranteeing an\ninvestment rate for a period of years not to exceed the underlying term\nof the bonds. The determination by the authority that an ancillary bond\nfacility or the amendment or termination thereof is necessary or\nappropriate as aforesaid shall be conclusive. Any ancillary bond\nfacility may contain such payment, security, default, remedy, and\ntermination provisions and payments and other terms and conditions as\ndetermined by the authority, after giving due consideration to the\ncreditworthiness of the counterparty or other obligated party, including\nany rating by any nationally recognized rating agency, and any other\ncriteria as may be appropriate.\n  (h) The authority, subject to such agreements with bondholders as may\nthen exist (including provisions which restrict the power of the\nauthority to purchase bonds), or with the providers of any applicable\nancillary bond facility, shall have the power out of any funds available\ntherefor to purchase bonds of the authority, which may or may not\nthereupon be cancelled, at a price not substantially exceeding:\n  (i) if the bonds are then redeemable, the redemption price then\napplicable, including any accrued interest; or\n  (ii) if the bonds are not then redeemable, the redemption price and\naccrued interest applicable on the first date after such purchase upon\nwhich the bonds become subject to redemption.\n  (i) Neither the members of the authority nor any other person\nexecuting the bonds or an ancillary bond facility of the authority shall\nbe subject to any personal liability by reason of the issuance or\nexecution and delivery thereof.\n  (j) The maturities of the bonds shall not exceed thirty years from\ntheir respective issuance dates.\n  6. Neither any bond issued pursuant to this section nor any ancillary\nbond facility of the authority shall constitute a debt or moral\nobligation of the state or a state supported obligation within the\nmeaning of any constitutional or statutory provision or a pledge of the\nfaith and credit of the state or of the taxing power of the state, and\nthe state shall not be liable to make any payments thereon nor shall any\nbond or any ancillary bond facility be payable out of any funds or\nassets other than pledged revenues and other assets of the authority and\nother funds and assets of or available to the authority pledged\ntherefor, and the bonds and any ancillary bond facility of the authority\nshall contain on the face thereof or other prominent place thereon a\nstatement to the foregoing effect.\n  7. (a) Subject to the provisions of subdivision five of this section\nin the event that the authority shall default in the payment of\nprincipal of, or interest on, or sinking fund payment on, any issue of\nbonds after the same shall become due, whether at maturity or upon call\nfor redemption, or in the event that the authority or the state shall\nfail to comply with any agreement made with the holders of any issue of\nbonds, the holders of twenty-five percent in aggregate principal amount\nof the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the county of Albany and\nproved or acknowledged in the same manner as a deed to be recorded, may\nappoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  (b) Such trustee, may, and upon written request of the holders of\ntwenty-five percent in principal amount of such bonds then outstanding\nshall, in his or its own name:\n  (i) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the bondholders, including\nthe right to require the authority to carry out any agreement with such\nholders and to perform its duties under this section;\n  (ii) bring suit upon such bonds;\n  (iii) by action or suit, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (iv) by action or suit, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (v) declare all such bonds due and payable, and if all defaults shall\nbe made good, then, with the consent of the holders of twenty-five\npercent of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences, provided, however, that nothing\nin this subdivision shall preclude the authority from agreeing that\nconsent of the provider of an ancillary bond facility is required for an\nacceleration of related bonds in the event of a default other than a\nfailure to pay principal of or interest on the bonds when due.\n  (c) The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such suit, action or proceeding shall be laid in the county of\nAlbany.\n  (d) Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  8. All monies of the authority from whatever source derived shall be\npaid to the treasurer of the authority and shall be deposited forthwith\nin a bank or banks designated by the authority. The monies in such\naccounts shall be paid out or withdrawn on the order of such person or\npersons as the authority may authorize to make such requisitions. All\ndeposits of such monies shall either be secured by obligations of the\nUnited States or of the state or of any municipality of a market value\nequal at all times to the amount on deposit, or monies of the authority\nmay be deposited in money market funds rated in the highest short-term\nor long-term rating category by at least one nationally recognized\nrating agency. To the extent practicable, and consistent with the\nrequirements of the authority, all such monies shall be deposited in\ninterest bearing accounts. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any monies of the authority or any monies held in trust\nor otherwise for the payment of bonds or any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Monies held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be secured in the same manner as monies of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any monies of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in accordance with law and such guidelines as are\napproved by the authority.\n  9. (a) It is hereby determined that the carrying out by the authority\nof its corporate purposes under this section are in all respects for the\nbenefit of the people of the state of New York and are public purposes.\nAccordingly, the authority shall be regarded as performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis section. The property of the authority, its income and its\noperations shall be exempt from taxation, assessments, special\nassessments and ad valorem levies. The authority shall not be required\nto pay any fees, taxes, special ad valorem levies or assessments of any\nkind, whether state or local, including, but not limited to, real\nproperty taxes, franchise taxes, sales taxes or other taxes, upon or\nwith respect to any property owned by it or under its jurisdiction,\ncontrol or supervision, or upon the uses thereof, or upon or with\nrespect to its activities or operations in furtherance of the powers\nconferred upon it by this section, or upon or with respect to any\nassessments, rates, charges, fees, revenues or other income received by\nthe authority.\n  (b) Any bonds issued pursuant to this section, their transfer and the\nincome therefrom shall, at all times, be exempt from taxation except for\nestate or gift taxes and taxes on transfers.\n  (c) The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this section, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this section and the income therefrom and all assessments, revenues,\nmoneys, and other property received by the authority and pledged to pay\nor to secure the payment of such bonds shall at all times be exempt from\ntaxation.\n  (d) In the case of any bonds of the authority, interest on which is\nintended to be exempt from federal income tax, the authority shall\nprescribe restrictions on the use of the proceeds thereof and related\nmatters only as are necessary or desirable to assure such exemption, and\nthe recipients of such proceeds shall be bound thereby to the extent\nsuch restrictions shall be made applicable to them. Any such recipient,\nincluding, but not limited to, the state, the state insurance fund, a\npublic benefit corporation, and a school district or municipality is\nauthorized to execute a tax regulatory agreement with the authority or\nthe state, as the case may be, and the execution of such an agreement\nmay be treated by the authority or the state as a condition to receiving\nany such proceeds.\n  10. (a) The state, solely with respect to the resources of the special\ndisability fund and as set forth in the special disability fund\nfinancing agreement, covenants with the purchasers and all subsequent\nowners and transferees of bonds issued by the authority pursuant to this\nsection in consideration of the acceptance of the payment of the bonds,\nuntil the bonds, together with the interest thereon, with interest on\nany unpaid installment of interest and all costs and expenses in\nconnection with any action or proceeding on behalf of the owners, are\nfully met and discharged or unless expressly permitted or otherwise\nauthorized by the terms of each special disability fund financing\nagreement and any contract made or entered into by the authority with or\nfor the benefit of such owners, (i) that in the event bonds of the\nauthority are sold as federally tax-exempt bonds, the state shall not\ntake any action or fail to take action that would result in the loss of\nsuch federal tax exemption on said bonds, (ii) that the state will cause\nthe workers' compensation board to impose, charge, raise, levy, collect\nand apply the pledged assessments and other revenues, receipts, funds or\nmoneys pledged for the payment of debt service requirements in each year\nin which bonds are outstanding, and (iii) further, that the state (A)\nwill not materially limit or alter the duties imposed on the workers'\ncompensation board, the authority and other officers of the state by the\nspecial disability fund financing agreement and the bond proceedings\nauthorizing the issuance of bonds with respect to application of pledged\nassessments or other revenues, receipts, funds or moneys pledged for the\npayment of debt service requirements, (B) will not issue any bonds,\nnotes or other evidences of indebtedness, other than the bonds, having\nany rights arising out of paragraph (h) of subdivision eight of section\nfifteen of the workers' compensation law or this section or secured by\nany pledge of or other lien or charge on the pledged revenues or other\nreceipts, funds or moneys pledged for the payment of debt service\nrequirements, (C) will not create or cause to be created any lien or\ncharge on the pledged revenues, other than a lien or pledge created\nthereon pursuant to said sections, (D) will carry out and perform, or\ncause to be carried out and performed, each and every promise, covenant,\nagreement or contract made or entered into by the special disability\nfund financing agreement, by the authority or on its behalf with the\nbond owners of any bonds, (E) will not in any way impair the rights,\nexemptions or remedies of the bond owners, and (F) will not limit,\nmodify, rescind, repeal or otherwise alter the rights or obligations of\nthe appropriate officers of the state to impose, maintain, charge or\ncollect the assessments and other revenues or receipts constituting the\npledged revenues as may be necessary to produce sufficient revenues to\nfulfill the terms of the proceedings authorizing the issuance of the\nbonds, including pledged revenue coverage requirements, provided,\nhowever, (i) the remedies available to the authority and the bondholders\nfor any breach of the pledges and agreements of the state set forth in\nthis subclause shall be limited to injunctive relief, (ii) nothing in\nthis subdivision shall prevent the authority from issuing evidences of\nindebtedness (A) which are secured by a pledge or lien which is, and\nshall on the face thereof, be expressly subordinate and junior in all\nrespects to every lien and pledge created by or pursuant to said\nsections, or (B) which are secured by a pledge of or lien on moneys or\nfunds derived on or after the date every pledge or lien thereon created\nby or pursuant to said sections shall be discharged and satisfied, and\n(iii) nothing in this subdivision shall preclude the state from\nexercising its power, through a change in law, to limit, modify,\nrescind, repeal or otherwise alter the character of the pledged\nassessments or revenues or to substitute like or different sources of\nassessments, taxes, fees, charges or other receipts as pledged revenues\nif and when adequate provision shall be made by law for the protection\nof the holders of outstanding bonds pursuant to the proceedings under\nwhich the bonds are issued, including changing or altering the method of\nestablishing the special assessments.\n  The authority is authorized to include this covenant of the state, as\na contract of the state, in any agreement with the owner of any bonds\nissued pursuant to this section and in any credit facility or\nreimbursement agreement with respect to such bonds. Notwithstanding\nthese pledges and agreements by the state, the attorney general may in\nhis or her discretion enforce any and all provisions related to the\nspecial disability fund, without limitation.\n  (b) Prior to the date which is one year and one day after the\nauthority no longer has any bonds issued pursuant to this section\noutstanding, the authority shall have no authority to file a voluntary\npetition under chapter nine of the federal bankruptcy code or such\ncorresponding chapter or sections as may, from time to time, be in\neffect, and neither any public officer nor any organization, entity or\nother person shall authorize the authority to be or become a debtor\nunder chapter nine or any successor or corresponding chapter or sections\nduring such period.  The state hereby covenants with the owners of the\nbonds of the authority that the state will not limit or alter the denial\nof authority under this subdivision during the period referred to in the\npreceding sentence. The authority is authorized to include this covenant\nof the state, as a contract of the state, in any agreement with the\nowner of any bonds issued pursuant to this section.\n  (c) To the extent deemed appropriate by the authority any pledge and\nagreement of the state with respect to the bonds as provided in this\nsection may be extended to, and included in, any ancillary bond facility\nas a pledge and agreement of the state with the authority and the\nbenefited party.\n  11. The bonds of the authority are hereby made securities in which all\npublic officers and bodies of this state and all municipalities and\npolitical subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other\nfiduciaries, and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or in other obligations of\nthe state, may properly and legally invest funds, including capital, in\ntheir control or belonging to them. The bonds are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of the state and all municipalities, political\nsubdivisions and public corporations for any purpose for which the\ndeposit of bonds or other obligations of the state is now or may\nhereafter be authorized.\n  12. (a) An action against the authority for death, personal injury or\nproperty damage or founded on tort shall not be commenced more than one\nyear and ninety days after the cause of action thereof shall have\naccrued nor unless a notice of claim shall have been served on a member\nof the authority or officer or employee thereof designated by the\nauthority for such purpose, within the time limited by, and in\ncompliance with the requirements of section fifty-e of the general\nmunicipal law.\n  (b) The venue of every action, suit or special proceeding brought\nagainst the authority or concerning the validity of this section shall\nbe laid in the county of Albany.\n  (c) The bonds, and any obligation of the authority under any ancillary\nbond facility, may contain a recital that they are issued or executed,\nrespectively, pursuant to this section, which recital shall be\nconclusive evidence of the validity of the bonds and any such\nobligation, respectively, and the regularity of the proceedings of the\nauthority relating thereto.\n  13. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this section, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein, except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this section in which the\nauthority may be allowed to intervene.\n