N.Y. RPT Law § 354 — New York Code / Act RPT / Article 3 / Title 3 / Section 354
Certification of assessors
Status: in_force

§ 354. Certification of assessors. 1. Any person appointed to the\noffice of chief or inferior assessor or city assessor shall be certified\nby the commissioner pursuant to this section within a maximum of three\nyears after he or she commences his or her appointment or by April\nfirst, two thousand nine whichever date is later, unless he or she has\nbeen previously certified by the commissioner and his or her\ncertification has not expired.\n  2. An assessor shall be certified upon successful completion of the\nbasic course of training and such examinations as may be prescribed by\nthe commissioner. The basic course of training shall be prescribed by\nthe commissioner based upon one or more general characteristics of the\nassessing units as the commissioner shall determine.\n  3. (a) An assessor may be certified by the commissioner if such person\nsatisfies the minimum qualification standards established by the\ncommissioner for assessors and passes a comprehensive examination\nconducted by the commissioner. The commissioner shall annually conduct\nexaminations for such purpose. Examinations shall be of such character\nas to fairly test and determine knowledge, skills, and abilities\nnecessary to perform the duties of assessor with respect to appraisal\nand assessment procedures, applicable laws, rules, and regulations and\nthe size and complexity of assessing units. The number of courses,\ncourse credit hours and their complexity shall be no greater than the\nrequirements established for other jurisdictions under section three\nhundred eighteen of this article. When applicable the basic course of\ntraining and examinations shall be consistently similar to other\njurisdictions throughout the state.\n  (b) The commissioner may, in its discretion, waive any of the courses\nof training or may certify without examination any assessor, provided\nthat such person is:\n  (i) an active member of the institute of assessing officers of the New\nYork state assessor's association or is a member of the American\ninstitute of real estate appraisers; or\n  (ii) designated as a senior real property appraiser by the society of\nreal estate appraisers; or\n  (iii) designated a certified assessment evaluator or an accredited\nassessment evaluator by the international association of assessing\nofficers.\n  4. Notwithstanding the provisions of this subdivision or any other\nlaw, the travel and other actual and necessary expenses incurred by an\nassessor, in satisfactorily completing courses of training as required\nby this title or as approved by the commissioner, including continuing\neducation courses prescribed by the commissioner which are\nsatisfactorily completed by any assessor, shall be a state charge upon\naudit by the comptroller. Candidates for certification as eligible for\nthe position of assessor, other than assessors, shall be charged for the\ncost of training materials and shall be responsible for all other costs\nincurred by them in connection with such training.\n  5. In a city subject to this title, the travel and other actual and\nnecessary expenses incurred by appraisal personnel employed in the\noffice of such assessor in attending courses of training as required by\nthis subdivision shall be a state charge upon audit by the comptroller.\n  6. To the extent funds are appropriated, all payments pursuant to this\nsection shall be made from the local assistance account.\n
N.Y. GMU Law § 779 — New York Code / Act GMU / Article 17-A / Title 3 / Section 779
Initiative of electors seeking dissolution
Status: in_force

§ 779. Initiative of electors seeking dissolution. 1. The electors of\na local government entity may commence a dissolution proceeding by\nfiling an original petition, containing not less than the number of\nsignatures provided for in subdivision two of this section and in the\nform provided for in subdivision three of this section, with the clerk\nof the town in which the entity or the greater portion of its territory\nis located, except that if the entity is a village the original petition\nof electors from the village shall be filed with the clerk of the\nvillage. Accompanying the filed petition shall be a cover sheet\ncontaining the name, address and telephone number of an individual who\nsigned the petition and who will serve as a contact person.\n  2. The petition shall contain the signatures of at least ten percent\nof the number of electors or five thousand electors, whichever is less,\nin the local government entity to be dissolved; provided, however, that\nwhere the local government entity to be dissolved contains five hundred\nor fewer electors, the petition shall contain the signatures of at least\ntwenty percent of the number of electors. No signature on a petition is\nvalid unless it is an original signature of an elector.\n  3. The petition shall substantially comply with, and be circulated in,\nthe following form:\n                PETITION FOR LOCAL GOVERNMENT DISSOLUTION\n  We, the undersigned, electors and legal voters of (insert type of\nlocal government entity -- e.g., town, village or district) of (insert\nname of local government entity), New York, qualified to vote at the\nnext general or special election, respectfully petition that there be\nsubmitted to the electors of (insert type and name of local government\nentity proposed to be dissolved), for their approval or rejection at a\nreferendum held for that purpose, a proposal to dissolve and terminate\n(insert type and name of local government entity).\n  In witness whereof, we have signed our names on the dates indicated\nnext to our signatures.\n     Date        Name - print name under signature         Home Address\n  1. ________      _________________________________         ____________\n  2. ________      _________________________________         ____________\n  3. ________      _________________________________         ____________\n  (On the bottom of each page of the petition, after all of the numbered\nsignatures,  insert  a  signed  statement  of  a  witness  who is a duly\nqualified elector of the state of New York. Such a  statement  shall  be\naccepted  for  all purposes as the equivalent of an affidavit, and if it\ncontains a material false statement, shall subject the person signing it\nto the same penalties as if he or she has been duly sworn. The  form  of\nsuch statement shall be substantially as follows:\n  I, (insert name of witness), state that I am a duly qualified voter of\nthe state of New York. Each of the persons that have signed this\npetition sheet containing (insert number) signatures, have signed their\nnames in my presence on the dates indicated above and identified\nthemselves to be the same person who signed the sheet. I understand that\nthis statement will be accepted for all purposes as the equivalent of an\naffidavit, and if it contains a materially false statement, shall\nsubject me to the penalties of perjury.\n_________________  _________________________________\n     Date               Signature of Witness)\n  (In  lieu of the signed statement of a witness who is a duly qualified\nvoter of the state of New York, the  following  statement  signed  by  a\nnotary public or a commissioner of deeds shall be accepted:\n  On the date indicated above before me personally came each of the\nelectors and legal voters whose signatures appear on this petition sheet\ncontaining (insert number) signatures, who signed the petition in my\npresence and who, being by me duly sworn, each for himself or herself,\nidentified himself or herself as the one and same person who signed the\npetition and that the foregoing information they provided was true.\n_____________________       _________________________________\n     Date                Notary Public or Commissioner of Deeds)\n  4.   An  alteration  or  correction  of  information  appearing  on  a\npetition's signature line, other  than  an  un-initialed  signature  and\ndate, shall not invalidate such signature.\n  5. In matters of form, this section shall be liberally construed, not\ninconsistent with substantial compliance thereto and the prevention of\nfraud.\n  6. Within ten days of the filing of the petition seeking dissolution\npursuant to subdivision one of this section, the clerk with whom the\npetition was filed shall make a final determination regarding the\nsufficiency of the signatures on the petition and provide timely written\nnotice of such determination to the contact person named in the cover\nsheet accompanying the petition. The contact person or any individual\nwho signed the petition may seek judicial review of such determination\nin a proceeding pursuant to article seventy-eight of the civil practice\nlaw and rules.\n  7. Upon the clerk's determination that the petition contains not less\nthan the number of signatures of electors required in subdivision two of\nthis section, the governing body of the local government entity to be\ndissolved shall, no later than thirty days thereafter, enact a\nresolution in accordance with subdivision two of section seven hundred\nseventy-seven of this title calling for a referendum on the proposed\ndissolution by the electors in the entity and set a date for such\nreferendum.\n
N.Y. RPT Law § 491 — New York Code / Act RPT / Article 4 / Title 3 / Section 491
Conservation easement agreement exemption; certain towns
Status: in_force

* § 491. Conservation easement agreement exemption; certain towns. 1.\nApplicability. (a) In a town having a population of not less than eleven\nthousand three hundred and not more than eleven thousand four hundred,\nthat is located in a county having a population of not less then nine\nhundred fifty thousand and not more than nine hundred fifty-one\nthousand, based upon the latest decennial federal census, is hereby\nauthorized to adopt a local law to provide that, real property whose\ninterests or rights have been acquired for the purpose of the\npreservation of an open space or an open area, as authorized in section\ntwo hundred forty-seven of the general municipal law, may be partially\nexempt from local real property taxation, provided that the owner or\nowners of such real property enter into a conservation easement\nagreement with the municipality in accordance with the procedures\nspecified in subdivision three of this section. A county having a\npopulation of not less than nine hundred fifty thousand and not more\nthan nine hundred fifty-one thousand based upon the latest decennial\nfederal census may, by local law, and any school district, all or part\nof which is located in a town having a population of not less than\neleven thousand three hundred and not more than eleven thousand four\nhundred that is located in a county having a population of not less than\nnine hundred fifty thousand and not more than nine hundred fifty-one\nthousand, may, by resolution, exempt such property from its taxation in\nthe same manner and to the same extent as such town has done.\n  (b) A town having a population of not less than eleven thousand three\nhundred and not more than eleven thousand four hundred that is located\nin a county having a population of not less than nine hundred fifty\nthousand and not more than nine hundred fifty-one thousand, based upon\nthe latest decennial federal census may, by a vote of the town board,\nopt out of this exemption at any time.\n  2. Definitions. For the purpose of this section, the following terms\nshall have the following meanings: "open space" or "open area" means any\nspace or area characterized by natural scenic beauty or whose existing\nopenness, natural condition or present state of use, if retained, would\nenhance the present or potential value of abutting or surrounding urban\ndevelopment or would maintain or enhance the conservation of natural or\nscenic resources. For the purposes of this definition, "natural\nresources" shall include, but not be limited to, agricultural lands\ndefined as open lands actually used in bona fide agricultural\nproduction.\n  3. Procedures for obtaining a conservation easement agreement. (a) Any\nowner or owners of land may submit a proposal to the town board of a\ntown having a population of not less than eleven thousand three hundred\nand not more than eleven thousand four hundred that is located in a\ncounty having a population of not less than nine hundred fifty thousand\nand not more than nine hundred fifty-one thousand, based upon the latest\ndecennial federal census, for the granting of interest or rights in real\nproperty for the preservation of open space or areas. Such proposal\nshall be submitted in such a manner and form as may be prescribed by the\nconservation board of such town.\n  (b) Upon receipt of such proposal, the town board shall convey the\nproposal to the conservation board of such town. Such conservation board\nshall investigate the area to determine if the proposal would be of\nbenefit to the people of the town and may negotiate the terms and\nconditions of the offer. If the conservation board determines that it is\nin the public interest to accept such proposal, it shall recommend to\nthe town board that it hold a public hearing for the purpose of\ndetermining whether or not the town should accept such proposal.\n  (c) The town board shall, within thirty days of receipt of such\nadvisory opinion, hold a public hearing concerning such proposal at a\nplace within the town. At least ten days notice of the time and place of\nsuch hearing shall be published in a paper of general circulation in\nsuch town, and a written notice of such proposal shall be given to all\nadjacent property owners and to any municipality whose boundaries are\nwithin five hundred feet of the boundaries of said proposed area, and to\nthe school district in which it is located.\n  (d) The town board, after receiving the reports of the conservation\nboard of a town having a population of not less than eleven thousand\nthree hundred and not more than eleven thousand four hundred that is\nlocated in a county having a population of not less than nine hundred\nfifty thousand and not more than nine hundred fifty-one thousand, based\nupon the latest decennial federal census, and after such public hearing,\nmay adopt the proposal or any modification thereof it deems appropriate\nor may reject it in its entirety.\n  (e) If such proposal is adopted by the town board, it shall be\nexecuted by the owner or owners in written form and in a form suitable\nfor recording in the county clerk's office.\n  (f) Such agreement may not be canceled by either party. However, the\nowner or owners thereof may petition the town board for cancellation\nupon good cause shown, and such cancellation may be granted only upon\npayment of the penalties provided in this section.\n  4. Computation. (a) An exemption granted pursuant to this section\nshall commence as of the effective date of the conservation easement\nagreement, and shall terminate upon the expiration or termination of\nsuch conservation easement agreement.\n  (b) The following table shall illustrate the computation of the\nexemption:\n     Commitment        Percentage of Exemption\n     15 to 29 years              50%\n     30 to 49 years              75%\n     50 to 75 years              85%\n     Perpetual                   90%\nSuch  exemption  shall  be granted only upon application by the owner or\nowners of such real property on a form prescribed by  the  commissioner.\nSuch  application  shall  be  filed  with the assessor of the town on or\nbefore the taxable status date of such town.\n  (c) If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch real property shall thereafter be exempt from taxation and special\nad valorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n  (d) Whenever a conservation easement encumbers only a portion of a\nparcel, the assessor shall henceforth enter that portion of the parcel\nencumbered by such easement as a separate parcel on all subsequent\nassessment rolls.\n  5. Penalties for offenses. If there is a violation of the terms and\nconditions of the conservation easement agreement or if such\nconservation easement agreement is canceled by the town board upon\npetition, then the owner or owners of such property must pay to the town\nthe following amounts:\n  (a) All taxes abated pursuant to the conservation easement agreement,\nas limited by the remainder of this section, including, if applicable,\nthose taxes imposed by the county, town, school districts and all\nspecial improvement districts and other taxing units to which the\nproperty is subject. Repayment of the aforementioned abated taxes shall\nbe equal to five times the taxes saved in the last year in which the\nland benefited from a conservation easement agreement exemption, plus\ninterest of six percent per year compounded annually for each year in\nwhich an exemption was granted, not exceeding five years.\n  (b) Payments shall be added by or on behalf of each taxing\njurisdiction to the taxes levied on the assessment roll prepared on the\nbasis of the first taxable status date after there is a violation of the\nterms and conditions of the conservation easement or such conservation\neasement agreement is canceled.\n  * NB There are 2 § 491's\n
N.Y. RPT Law § 558 — New York Code / Act RPT / Article 5 / Title 3 / Section 558
Cancellation of void taxes
Status: in_force

§ 558. Cancellation of void taxes. 1. The county legislature of any\ncounty shall direct the cancellation of any unpaid tax levied or imposed\nby such county against property of the state or the United States where\nit is determined that the lien of such tax cannot be enforced. The\ncounty legislature of any county shall also direct the cancellation of\nany unpaid tax levied or imposed by such county where the lien of such\ntax is rendered permanently unenforceable by operation of the provisions\nof any statute. The amount of any tax so cancelled shall be a charge\nupon the county to the extent of the county taxes that were so cancelled\nand upon the cities and towns or special districts thereof to the extent\nof the respective city, town or special district taxes that were so\ncancelled.  Amounts so charged to cities, towns and special districts\nshall be included in the next ensuing tax levy.\n  2. The county legislature of any county shall direct the cancellation\nof any unpaid school tax relevied by such county pursuant to subdivision\nfive of section thirteen hundred thirty or subdivision five of section\nthirteen hundred thirty-two of this chapter, or any unpaid village tax\nrelevied by such county pursuant to subdivision four of section fourteen\nhundred forty-two of this chapter, against property of the state or the\nUnited States where it is determined that the lien of such tax cannot be\nenforced, or where the lien of such tax is rendered permanently\nunenforceable by operation of the provisions of any statute. The amount\nof any tax so cancelled shall be charged against the school district or\nvillage which levied such tax. The amount so charged against a school\ndistrict or village shall be withheld by the county treasurer from any\nmoneys which shall become payable by him to such school district or\nvillage by reason of taxes which shall thereafter be returned to him as\nuncollected by such school district or village. No such cancellation of\nany unpaid school taxes or no such charge shall be made by the county\nlegislature against any such school district or village unless ten days'\nnotice thereof by mail shall be given to the school authorities thereof.\n  3. Where a city, town or village has the power to enforce the\ncollection of delinquent taxes, such city, town or village shall have\nthe same powers and duties concerning the cancellation of void taxes as\nis granted to counties pursuant to the foregoing provisions of this\nsection.  Void taxes may be cancelled and the amount of such cancelled\ntaxes shall be apportioned and charged back to the appropriate county,\nvillage, school district or special district in the manner provided in\nthe foregoing provisions of this section.\n
N.Y. PBH Law § 355 — New York Code / Act PBH / Article 3 / Title 3 / Section 355
County or part-county health districts; dissolution
Status: in_force

§ 355. County or part-county health districts; dissolution. 1.  The\nboard of supervisors of any county in which a county or part-county\nhealth district has been or may be established, with the consent of the\nsupervisors representing that part of a county included in the district\nin respect to a part-county health district, may abolish such district\nat any time after three years shall have elapsed following its\nestablishment, provided, however, that before such action may be taken\nan opportunity shall be given for a public hearing. Public notice shall\nbe given and the commissioner shall be notified in writing, at least\nthirty days in advance, of the time and place of such hearing.\n  2. The action of the board of supervisors abolishing a health district\npursuant to the provisions of this section shall become effective thirty\ndays after the adoption of the resolution to abolish such health\ndistrict, and at the end of such period the terms of office of the\nmembers of the board of health and of the county health commissioner\nshall terminate.\n
N.Y. VAT Law § 392 — New York Code / Act VAT / Title 3 / Article 12 / Section 392
False statements, alteration of records or substitution in connection with any examination
Status: in_force

§ 392. False statements, alteration of records or substitution in\nconnection with any examination. Any person knowingly making a false\nstatement in an application for any document issued by the commissioner\nor in any proof or statement in writing in connection with such an\napplication, or who shall deceive or substitute or cause another to\ndeceive or substitute in connection with any examination hereunder, or\nwho shall wilfully alter a number plate (except for restoration purposes\npursuant to schedule G of subdivision seven of section four hundred one\nof this chapter), or make a material alteration on any document issued\npursuant to this chapter, or unlawfully use a validating device on a\ncertificate of registration, license or any other form, shall be guilty\nof a misdemeanor. A person who operates a motor vehicle upon the public\nhighway displaying or using any document that he or she knows has been\nobtained in violation of this section, shall be guilty of a misdemeanor.\nNothing contained in this section shall prohibit the imposition of a\ncharge of any other offense set forth in this chapter or any other\nprovision of law for any acts arising out of the same incident.\n
N.Y. ENV Law § 19-0313 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0313
Small business stationary source technical and environmental compliance assistance program
Status: in_force

§ 19-0313. Small business stationary source technical and environmental\n             compliance assistance program.\n  1. The commissioner is hereby authorized and directed to establish,\ndevelop and implement a small business stationary source technical and\nenvironmental compliance assistance program for those categories of\nsources of air contamination identified in section 7661f(c) of the Act\nor any other category of source the commissioner deems appropriate. The\ncommissioner, after consultation with the administrator of the United\nStates environmental protection agency, the administrator of the United\nStates small business administration, the small business stationary\nsource compliance advisory panel and the small business stationary\nsource ombudsman created pursuant to section one hundred thirty-seven of\nthe economic development law, and after providing notice and opportunity\nfor public hearing, may exclude from the program any category or\nsubcategory of sources identified in section 7661f(c) of the Act that\nthe commissioner determines to have sufficient technical and financial\ncapabilities to meet the requirements of the Act without such\nassistance. The department may designate eligibility for assistance\nbased on whether the stationary source has sufficient technical and\nfinancial capabilities to comply with federal and state law without such\nassistance. Such program shall include:\n  a. the development, collection and coordination of information\nconcerning compliance methods and technologies for stationary sources of\nair pollution, and programs to encourage lawful cooperation among such\nsources and other persons to further comply with the provisions of this\narticle;\n  b. adequate mechanisms for assisting small business stationary sources\nwith pollution prevention and accidental release detection and\nprevention, including providing information concerning alternative\ntechnologies, process changes and products and methods of operation that\nhelp reduce air pollution;\n  c. the provision of assistance for small business stationary sources\nin:  (i) determining applicable requirements of the Act and this article\nand rules and regulations promulgated pursuant thereto; and (ii)\nsubmitting complete permit applications consistent with the provisions\nof section 19-0311 of this title, and receiving permits issued by the\ndepartment in a timely and efficient manner;\n  d. adequate mechanisms to assure that small business stationary\nsources receive notice of their rights under the Act and this article\nand rules and regulations promulgated pursuant thereto in such a manner\nand form as to assure reasonably adequate time for such sources to\nevaluate compliance methods and any relevant or applicable proposed or\nfinal regulation or standard or state implementation plan revision\nissued pursuant to the Act;\n  e. adequate mechanisms for informing small business stationary sources\nof their obligations under this article and the Act, including\nestablishing mechanisms for referring these sources to qualified\nauditors, or at the department's option upon the request of the small\nbusiness stationary source, for providing audits of the operations of\nsuch sources to determine compliance with the Act and this article and\nrules and regulations promulgated pursuant thereto;\n  f. procedures for consideration of, and response to, requests from\nsmall business stationary sources for technical and environmental\ncompliance assistance including, but not limited to: (i) assistance in\nthe modification of any work practice and the identification of\naffordable alternative technologies or technological improvements to\nachieve compliance with or to establish compliance procedures pursuant\nto the Act or this article and rules and regulations promulgated\npursuant thereto; (ii) the establishment of a schedule of milestones for\nimplementing such work practice or method of compliance preceding any\napplicable compliance date, based on the technology and financial\ncapability of such small business stationary source; and (iii) on-site\nconsultations, if requested by a small business stationary source,\nregarding achievement of compliance. No modification may be recommended\nunless it is in compliance with the applicable requirements of the Act,\nincluding applicable requirements of the state implementation plan.\nWhere applicable requirements are set forth in federal or state\nregulations, only those modifications authorized in such regulations may\nbe made;\n  g. procedures for soliciting input from and exchanging information\nwith the small business stationary source ombudsman created pursuant to\nsection one hundred thirty-seven of the economic development law,\nregarding compliance requirements for small business stationary sources;\n  h. adequate mechanisms for the collection and dissemination of\ninformation to small business stationary sources, including: (i) the\ndevelopment of small business stationary source guidance manuals\nindicating the categories of small businesses subject to the\nrequirements of this article and the Act, specific compliance\nrequirements and options, a schedule of compliance deadlines and other\npertinent information; and (ii) the establishment of a toll-free\ntelephone number dedicated to answering questions involving small\nbusiness stationary source compliance;\n  i. procedures for assuring the confidentiality of information received\nfrom small business stationary sources;\n  j. the identification of individuals and firms with a distinctive\ncompetence in areas related to business compliance with environmental\nlaws, rules and regulations, and a demonstrated ability to serve small\nbusinesses, for the purpose of referring small business stationary\nsources with identified needs to consultants with relevant expertise;\nand\n  k. the provision of information on state-sponsored programs offering\nfinancial or technical assistance and on funding available from private\nlenders to stationary sources and aid such sources in applying for\nfinancial assistance or funding.\n  2. In developing the small business stationary source technical and\nenvironmental compliance assistance program the department may contract\nwith either the environmental facilities corporation or any other person\nthe commissioner deems appropriate to carry out any or all of the\nprovisions of this section.\n  3. In developing and implementing the small business stationary source\ntechnical and environmental compliance assistance program as required\npursuant to subdivision one of this section, the department shall\nconsult with the small business stationary source compliance advisory\npanel as created pursuant to section 19-0315 of this title and the small\nbusiness stationary source ombudsman as created pursuant to section one\nhundred thirty-seven of the economic development law.\n  4. The provisions of article six of the public officers law shall not\napply to records containing information supplied by small business\nstationary sources to the environmental facilities corporation pursuant\nto this section.\n
N.Y. RPT Law § 491-A*2 — New York Code / Act RPT / Article 4 / Title 3 / Section 491-A*2
Conservation easement agreement exemption; certain towns
Status: in_force

* § 491-a. Conservation easement agreement exemption; certain towns.\n1.  Applicability. (a) In a town having a population of not less than\nseven thousand five hundred and not more than seven thousand seven\nhundred, that is located in a county having a population of not less\nthan nine hundred thousand and not more than nine hundred twenty\nthousand, based upon the latest decennial federal census, is hereby\nauthorized to adopt a local law to provide that, real property whose\ninterests or rights have been acquired for the purpose of the\npreservation of an open space or an open area, as authorized in section\ntwo hundred forty-seven of the general municipal law, may be partially\nexempt from local real property taxation, provided that the owner or\nowners of such real property enter into a conservation easement\nagreement with the municipality in accordance with the procedures\nspecified in subdivision three of this section. A county having a\npopulation of not less than nine hundred thousand and not more than nine\nhundred twenty thousand based upon the latest decennial federal census\nmay, by local law, and any school district, all or part of which is\nlocated in a town having a population of not less than seven thousand\nfive hundred and not more than seven thousand seven hundred that is\nlocated in a county having a population of not less than nine hundred\nthousand, may by resolution, exempt such property from its taxation in\nthe same manner and to the same extent as such town has done.\n  (b) A town having a population of not less than seven thousand five\nhundred and not more than seven thousand seven hundred that is located\nin a county having a population of not less than nine hundred thousand\nand not more than nine hundred twenty thousand, based upon the latest\ndecennial federal census may, by a vote of the town board, opt out of\nthis exemption at any time.\n  2. Definitions. For the purpose of this section, the following terms\nshall have the following meanings: "open space" or "open area" means any\nspace or area characterized by natural scenic beauty or whose existing\nopenness, natural condition or present state of use, if retained, would\nenhance the present or potential value of abutting or surrounding urban\ndevelopment or would maintain or enhance the conservation of natural or\nscenic resources. For the purposes of this definition, "natural\nresources" shall include, but not be limited to, agricultural lands\ndefined as open lands actually used in bona fide agricultural\nproduction.\n  3. Procedures for obtaining a conservation easement agreement. (a) Any\nowner or owners of land may submit a proposal to the town board of a\ntown having a population of not less than seven thousand five hundred\nand not more than seven thousand seven hundred that is located in a\ncounty having a population of not less than nine hundred thousand and\nnot more than nine hundred twenty thousand, based upon the latest\ndecennial federal census, for the granting of interest or rights in real\nproperty for the preservation of open space or areas. Such proposal\nshall be submitted in such a manner and form as may be prescribed by the\nconservation board of such town.\n  (b) Upon receipt of such proposal, the town board shall convey the\nproposal to the conservation board of such town. Such conservation board\nshall investigate the area to determine if the proposal would be of\nbenefit to the people of the town and may negotiate the terms and\nconditions of the offer. If the conservation board determines that it is\nin the public interest to accept such proposal, it shall recommend to\nthe town board that it hold a public hearing for the purpose of\ndetermining whether or not the town should accept such proposal.\n  (c) The town board shall, within thirty days of receipt of such\nadvisory opinion, hold a public hearing concerning such proposal at a\nplace within the town. At least ten days notice of the time and place of\nsuch hearing shall be published in a paper of general circulation in\nsuch town, and a written notice of such proposal shall be given to all\nadjacent property owners and to any municipality whose boundaries are\nwithin five hundred feet of the boundaries of said proposed area, and to\nthe school district in which it is located.\n  (d) The town board, after receiving the reports of the conservation\nboard of a town having a population of not less than seven thousand five\nhundred and not more than seven thousand seven hundred that is located\nin a county having a population of not less than nine hundred thousand\nand not more than nine hundred twenty thousand, based upon the latest\ndecennial federal census, and after such public hearing, may adopt the\nproposal or any modification thereof it deems appropriate or may reject\nit in its entirety.\n  (e) If such proposal is adopted by the town board, it shall be\nexecuted by the owner or owners in written form and in a form suitable\nfor recording in the county clerk's office.\n  (f) Such agreement may not be canceled by either party. However, the\nowner or owners thereof may petition the town board for cancellation\nupon good cause shown, and such cancellation may be granted only upon\npayment of the penalties provided in this section.\n  4. Computation. (a) An exemption granted pursuant to this section\nshall commence as of the effective date of the conservation easement\nagreement, and shall terminate upon the expiration or termination of\nsuch conservation easement agreement.\n  (b) The following table shall illustrate the computation of the\nexemption:\n                 COMMITMENT        PERCENTAGE OF EXEMPTION\n               15 TO 29 YEARS                 50%\n               30 TO 49 YEARS                 75%\n               50 TO 75 YEARS                 85%\n               PERPETUAL                      90%\n  Such  exemption shall be granted only upon application by the owner or\nowners of such real property on a form prescribed by  the  commissioner.\nSuch  application  shall  be  filed  with the assessor of the town on or\nbefore the taxable status date of such town.\n  (c) If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch real property shall thereafter be exempt from taxation and special\nad valorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n  (d) Whenever a conservation easement encumbers only a portion of a\nparcel, the assessor shall henceforth enter that portion of the parcel\nencumbered by such easement as a separate parcel on all subsequent\nassessment rolls.\n  5. Penalties for offenses. If there is a violation of the terms and\nconditions of the conservation easement agreement or if such\nconservation easement agreement is canceled by the town board upon\npetition, then the owner or owners of such property must pay to the town\nthe following amounts.\n  (a) All taxes abated pursuant to the conservation easement agreement,\nas limited by the remainder of this section, including, if applicable,\nthose taxes imposed by the county, town, school districts and all\nspecial improvement districts and other taxing units to which the\nproperty is subject. Repayment of the aforementioned abated taxes shall\nbe equal to five times the taxes saved in the last year in which the\nland benefited from a conservation easement agreement exemption, plus\ninterest of six percent per year compounded annually for each year in\nwhich an exemption was granted, not exceeding five years.\n  (b) Payment shall be added by or on behalf of each taxing jurisdiction\nto the taxes levied on the assessment roll prepared on the basis of the\nfirst taxable status date after there is a violation of the terms and\nconditions of the conservation easement or such conservation easement\nagreement is canceled.\n  * NB There are 2 § 491-a's\n
N.Y. VAT Law § 338 — New York Code / Act VAT / Title 3 / Article 7 / Section 338
Application to non-resident, other persons
Status: in_force

§ 338. Application to non-resident, other persons. (a) Whenever, by\nthe laws of this state, the commissioner has the power to suspend or\nrevoke a license if the operator or chauffeur were a resident, the\ncommissioner shall have similar power to suspend or revoke the license\nor to forbid the operation of a motor vehicle in this state owned by\nsuch operator or chauffeur if the operator or chauffeur is a\nnon-resident. And whenever by the laws of this state the commissioner\nhas the power to suspend or revoke the registration certificates and\nregistration plates if the owner were a resident, the commissioner shall\nhave similar power to forbid the operation within this state of any\nmotor vehicle if the owner is a non-resident.\n  (b) All of the provisions of this article shall apply to any person\nwho is not a resident of this state under the same circumstances as they\nwould apply to a resident; and, in such event, such a non-resident shall\nnot operate any motor vehicle in this state nor shall any motor vehicle\nowned by him be operated in this state, unless and until such\nnon-resident or the owner of the motor vehicle, if another person, has\ncomplied with the requirements of this article with respect to\nfurnishing security and giving proof of financial responsibility in the\nfuture.\n  (c) Upon conviction of a non-resident or in case of any unsatisfied\njudgment rendered against a non-resident which conviction or unsatisfied\njudgment results in suspension of such non-resident's driving privileges\nin this state and/or the prohibition of the operation within this state\nof any motor vehicle owned by such non-resident, the commissioner shall\ntransmit a certified copy of any record of any such conviction or any\nsuch unsatisfied judgment or any other action pursuant to this article\nresulting in suspension of a non-resident's driving privileges in this\nstate and/or the prohibition of the operation within this state of any\nmotor vehicle owned by such non-resident to the motor vehicle\ncommissioner or officer performing the functions of a commissioner in\nthe state in which such non-resident resides.\n  In case a non-resident's failure to comply with the provisions of\nsection three hundred thirty-five results in suspension of such\nnon-resident's rights and privileges in this state and/or prohibition of\nthe operation within the state of any motor vehicle owned by such\nnon-resident, the commissioner shall transmit a certified copy of the\nrecord of such action to the motor vehicle commissioner or officer\nperforming the functions of the commissioner in the state in which such\nnon-resident resides, if the law of such other state provides for action\nin relation thereto similar to that provided for in subdivision (d) of\nthis section.\n  (d) The commissioner shall take action as required anywhere in this\narticle, upon receiving proper evidence that any resident of this state,\nhas in any other state had his driving privileges suspended and/or the\noperation of any motor vehicle owned by him prohibited pursuant to a law\nof such other state providing for such suspension or prohibition because\nof a conviction or because of an unsatisfied judgment which would\nrequire the commissioner to suspend a non-resident's driving privileges\nhad such a conviction or judgment been rendered in this state against a\nnon-resident, provided, however, that no suspension or prohibition shall\nbe effective until twenty days have elapsed from the date upon which\nnotice of suspension shall have been mailed to the operator or owner\nduring which period such operator or owner shall be permitted to submit\nevidence of satisfaction of the judgment or other evidence relating\nthereto.\n  Upon receipt of a certification that the operating privilege of a\nresident of this state has been suspended, revoked or cancelled in any\nsuch other state pursuant to a law providing for its suspension,\nrevocation or cancellation for failure to deposit security for the\npayment of a judgment as may arise out of a motor vehicle accident under\ncircumstances which would require the commissioner to suspend a\nnon-resident's operating privilege had the accident occurred in this\nstate, the commissioner shall suspend the license of such resident if he\nwas the operator, and all of his registrations if he was the owner of a\nmotor vehicle involved in such accident. Such suspension shall continue\nuntil such resident furnishes evidence of his compliance with the law of\nsuch other state relating to the deposit of such security.\n  (e) The word "state" when used in this section shall, unless the\ncontext clearly indicates otherwise, mean any state, territory or\npossession of the United States, the District of Columbia or any\nprovince of the Dominion of Canada.\n
N.Y. VAT Law § 300 — New York Code / Act VAT / Title 3 / Article 4 / Section 300
Application of this title
Status: in_force

§ 300. Application of this title. Except as otherwise expressly\nprovided in this chapter, this title shall be exclusively controlling:\n  (a) On the use by motor vehicles of public highways, and\n  (b) On the accessories used upon motor vehicles and motorcycles and\ntheir incidents.\n
N.Y. RPT Law § 1140 — New York Code / Act RPT / Article 11 / Title 3 / Section 1140
Parcels affected by bankruptcy proceedings
Status: in_force

§ 1140. Parcels affected by bankruptcy proceedings. 1. Stay of\nenforcement proceeding. The commencement of a bankruptcy proceeding\npursuant to the bankruptcy code of 1978 (title eleven of the United\nStates code) shall stay a proceeding to enforce a delinquent tax lien,\nto the extent required by the bankruptcy code.\n  2. Notice to enforcing officer. Whenever an officer or employee of a\nmunicipal corporation receives an official notification of the\ncommencement of a bankruptcy proceeding affecting real property therein,\nsuch officer or employee shall forthwith forward the same, or a copy\nthereof, to the enforcing officer of the tax district which enforces\ntaxes on behalf of such municipal corporation.\n  3. Partial payments. Notwithstanding any law otherwise precluding the\nacceptance of partial payments of taxes, a partial payment may be\naccepted in relation to property which is the subject of a bankruptcy\nproceeding, provided that the payment is accompanied by satisfactory\nproof of the bankruptcy proceeding, such as a copy of an order or plan\nissued thereunder.\n  4. Cancellation and chargebacks.  A tax district shall direct the\ncancellation of a delinquent tax lien to the extent such lien has been\nrendered permanently unenforceable as the result of a bankruptcy\nproceeding. The tax district shall not be required to credit or\notherwise guarantee to any municipal corporation a delinquent tax\nagainst a parcel to the extent the lien thereon has been cancelled\npursuant to this section. If such a credit or guarantee shall have been\ngiven before the cancellation of the lien, the tax district shall be\nentitled to charge back to each municipal corporation a proportionate\nshare of the cancelled lien.\n
N.Y. EXC Law § 523 — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523
Purpose
Status: in_force

§ 523. Purpose. The purpose of this subtitle is to protect and promote\nlegal rights for youth in programs and facilities operated by the office\nof children and family services, by codifying the office of the\nombudsman.\n
N.Y. EXC Law § 523-I — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle B / Section 523-I
Conduct and scope of investigations
Status: in_force

§ 523-i. Conduct and scope of investigations. The office of the\nombudsman may investigate grievances and complaints pertaining to youth\nresiding in facilities operated by the office brought to the attention\nof the office of the ombudsman from any source, and may in pursuing its\ninvestigation visit any facility operated by the office at any time,\nwithout prior notice. Facility directors and facility staff shall\ncooperate with the investigation. At an ombudsman's request, the staff\nof a facility shall inform the residents of the ombudsman's availability\non site or on premises. An ombudsman shall have access to any resident\non request, and the facility shall provide a suitable room, if so\nrequested, for private counseling. An ombudsman shall have the right to\ninspect the facility, visit all areas and observe all parts and aspects\nof the facility program. An ombudsman shall interview facility staff\nduring regular hours of employment whenever feasible. An ombudsman shall\nhave access to all books, records, logs, reports, memoranda and any and\nall other materials or written documents pertaining to office facilities\nin the possession of the office, or its facilities. An ombudsman may\ncopy or make reference to any such report, document, memorandum, log\nentry or other material or written document and, unless such item is\nconfidential pursuant to statute, may include a copy in his or her\nreport. Consistent with applicable laws and regulations, the\nconfidentiality of records and documents obtained must be maintained by\nthe office of the ombudsman.\n
N.Y. PBH Law § 347 — New York Code / Act PBH / Article 3 / Title 3 / Section 347
County or part-county boards of health; powers and duties; rules and regulations
Status: in_force

§ 347. County or part-county boards of health; powers and duties;\nrules and regulations. 1. Upon the establishment of a board of health\nfor a county or part-county health district as provided in this article,\nit shall exercise all the powers and perform all duties of local boards\nof health as provided in this chapter, and such board of health may\nformulate, promulgate, adopt and publish rules, regulations, orders and\ndirections for the security of life and health in the health district\nwhich shall not be inconsistent with the provisions of this chapter and\nthe sanitary code. Such rules, regulations, orders and directions shall\nbe known as the sanitary code of such district.\n  a. Every rule, regulation, order and direction adopted by a board of\nhealth or a county officer or body exercising the rule-making functions\nof a board of health shall state the date on which it takes effect and a\ncopy thereof signed by the county health commissioner or his deputy or\nsuch county officer or the elective or appointive chief executive\nofficer of such county body exercising the rule-making functions of a\nboard of health shall be filed as a public record in the department, in\nthe county or part-county department of health and in the office of the\ncounty clerk and shall be published in such manner as the board of\nhealth or such county officer or body exercising the rule-making\nfunctions of a board of health may from time to time determine. No such\nrule, regulation, order or direction shall be effective prior to filing\nas a public record in the department.\n  b. The county health commissioner or his deputy shall furnish\ncertified copies of the sanitary code of the health district and its\namendments for a fee of one dollar.\n  c. Nothing herein contained shall be construed to restrict the power\nof any county, city, town or village to adopt and enforce additional\nordinances or enforce existing ordinances relating to health and\nsanitation provided that such ordinances are not inconsistent with the\nprovisions of this chapter or the sanitary code.\n  2. The board of health of a county or part-county health district is\nhereby authorized to enter into contracts with one or more counties for\nmutual aid in the delivery of health services, including but not limited\nto public health emergency responses such as disease surveillance, mass\nimmunization programs, mass antibiotic distribution, and handling of\nmass casualties, provided approval of such contracts by the legislative\nbody of each county and of the commissioner is obtained. Each county or\npart-county health district shall be liable for acts or omissions of its\nemployees or agents when acting pursuant to such a contract in the same\nmanner and to the same extent as if such acts or omissions occurred\nwithin the county or part-county health district; and such employees or\nagents shall have immunities and privileges for their acts or omissions\nwhen acting pursuant to such a contract in the same manner and to the\nsame extent as if such acts or omissions occurred within the county or\npart-county health district; except that such a contract may apportion\nliability otherwise between or among the county or part-county health\ndistricts.\n  3. Except as provided in the provisions of article thirteen-E of this\nchapter, a board of health of a county health district shall exercise\nall the powers and perform all duties relative to the enforcement of\narticle thirteen-E of this chapter pursuant to rules and regulations\npromulgated by the commissioner.\n
N.Y. DOM Law § 115-B — New York Code / Act DOM / Article 7 / Title 3 / Section 115-B
Special provisions relating to consents in private-placement adoptions
Status: in_force

§ 115-b. Special provisions relating to consents in private-placement\nadoptions. 1. A duly executed and acknowledged consent to a\nprivate-placement adoption shall state that no action or proceeding may\nbe maintained by the consenting parent for the custody of the child to\nbe adopted except as provided in this section. Notwithstanding any other\nsection of law, a consent to adoption executed by a person who is in\nfoster care shall only be executed before a judge of the family court.\n  2. Judicial consents. (a) A consent to a private placement adoption\nmay be executed or acknowledged before any judge or surrogate in this\nstate having jurisdiction over adoption proceedings. Such consent shall\nstate that it is irrevocable upon such execution or acknowledgment. A\nconsent executed or acknowledged before a court in another state shall\nsatisfy the requirements of this section if it is executed by a resident\nof the other state before a court of record which has jurisdiction over\nadoption proceedings in that state, and a certified copy of the\ntranscript of that proceeding, showing compliance with paragraph (b) of\nthis subdivision, is filed as part of the adoption proceeding in this\nstate.\n  (b) At the time that a parent appears before a judge or surrogate to\nexecute or acknowledge a consent to adoption, the judge or surrogate\nshall inform such parent of the consequences of such act pursuant to the\nprovisions of this section, including informing such parent of the right\nto be represented by legal counsel of the parent's own choosing; of the\nright to obtain supportive counseling and of any rights the parent may\nhave pursuant to section two hundred sixty-two of the family court act,\nsection four hundred seven of the surrogate's court procedure act, or\nsection thirty-five of the judiciary law. The judge or surrogate shall\ngive such parent a copy of such consent upon the execution thereof.\n  3. Extrajudicial consents. (a) Whenever a consent is not executed or\nacknowledged before a judge or surrogate pursuant to subdivision two of\nthis section such consent shall become irrevocable forty-five days after\nthe execution of the consent unless written notice of revocation thereof\nis received by the court in which the adoption proceeding is to be\ncommenced within said forty-five days.\n  (b) Notwithstanding that such written notice is received within said\nforty-five days, the notice of revocation shall be given effect only if\nthe adoptive parents fail to oppose such revocation, as provided in\nsubdivision six of this section, or, if they oppose such revocation and\nthe court as provided in subdivision six of this section has determined\nthat the best interests of the child will be served by giving force and\neffect to such revocation.\n  4. (a) In any case where a consent is not executed or acknowledged\nbefore a judge or surrogate pursuant to subdivision two of this section,\nthe consent shall state, in conspicuous print of at least eighteen point\ntype:\n  (i) the name and address of the court in which the adoption proceeding\nhas been or is to be commenced; and\n  (ii) that the consent may be revoked within forty-five days of the\nexecution of the document and where the consent is not revoked within\nsaid forty-five days no proceeding may be maintained by the parent for\nthe return of the custody of the child; and\n  (iii) that such revocation must be in writing and received by the\ncourt where the adoption proceeding is to be commenced within forty-five\ndays of the execution of said consent; and\n  (iv) that, if the adoptive parents contest the revocation, timely\nnotice of the revocation will not necessarily result in the return of\nthe child to the parent's custody, and that the rights of the parent to\ncustody of the child shall not be superior to those of the adoptive\nparents but that a hearing will be required before a judge pursuant to\nthe provisions of this section to determine: (1) whether the notice of\nrevocation was timely and properly given; and if necessary, (2) whether\nthe best interests of the child will be served by: (A) returning custody\nof the child to the parent; or (B) by continuing the adoption proceeding\ncommenced by the adoptive parents; or (C) by disposition other than\nadoption by the adoptive parents; or (D) by placement of the child with\nan authorized agency, and if any such determination is made, the court\nshall make such disposition of the custody of the child as will best\nserve the interests of the child; and\n  (v) that the parent has the right to legal representation of the\nparent's own choosing; the right to obtain supportive counseling and may\nhave the right to have the court appoint an attorney pursuant to section\ntwo hundred sixty-two of the family court act, section four hundred\nseven of the surrogate's court procedure act, or section thirty-five of\nthe judiciary law.\n  (b) Such consent shall be executed or acknowledged before a notary\npublic or other officer authorized to take proof of deeds.\n  (c) A copy of such consent shall be given to such parent upon the\nexecution thereof. The consent shall include the following statement:\n"I, (name of consenting parent), this ____ day of __________, _____,\nhave received a copy of this consent. (Signature of consenting parent)".\nSuch consenting parent shall so acknowledge the delivery and the date of\nthe delivery in writing on the consent.\n  (d) The adoptive parent may commence the adoption proceeding in a\ncourt of competent jurisdiction other than the court named in the\nconsent provided that such commencement is initiated more than\nforty-five days after the consent is executed. Such commencement shall\nnot revive, extend or toll the period for revocation of a consent\npursuant to this section.\n  5. For the purposes of commencing an adoption proceeding, the clerk of\na court of competent jurisdiction shall accept an adoption petition for\nfiling which is complete on its face and shall not require any\nsupplementary documentation as a condition of filing. Nothing in this\nsection shall compel a court to hear an adoption petition until all\ndocuments necessary to the adoption proceeding have been filed to the\nsatisfaction of the court.\n  6. (a) A parent may revoke his consent to adoption only by giving\nnotice, in writing, of such revocation, no later than forty-five days\nafter the execution of the consent, or twenty days after the receipt of\na notice of denial, withdrawal or removal pursuant to paragraph (a) of\nsubdivision four of section seventeen hundred twenty-five of the\nsurrogate's court procedure act, whichever is later, to the court in\nwhich the adoption proceeding has been or is to be commenced. Such\nnotice shall set forth the name and address of the court in which the\nadoption proceeding is to be commenced, the address of the parent and\nmay, in addition, set forth the name and address of the attorney for the\nparent.\n  (b) If, within forty-five days of the execution of the consent, the\ncourt has received such notice of revocation, the court shall promptly\nnotify the adoptive parents and their attorney, by certified mail, of\nthe receipt by the court of such notice of revocation.\n  (i) Such notice to the adoptive parents shall set forth that if within\nfifteen days from the date of such notice the court has not received\nfrom the adoptive parents or their attorneys notice, in writing, of\ntheir intention to oppose such revocation by the parents, the adoption\nproceeding will be dismissed and that, in case of such dismissal, the\ncourt will send to the parents, the adoptive parents and their\nrespective attorneys the notice of dismissal, as provided in paragraph\n(c) of this subdivision.\n  (ii) Such notice to the adoptive parents shall further set forth that\nif, within fifteen days from the date of such notice, the court shall\nreceive from the adoptive parents notice, in writing, of their intention\nto oppose such revocation by the parents, the court will, upon notice to\nthe parents, the adoptive parents and their respective attorneys,\nproceed, as provided in paragraph (d) of this subdivision, to a\ndetermination of whether such notice of revocation by the parents shall\nbe given force and effect and to a determination of what disposition\nshall be made of the custody of the child.\n  (c) If the adoption proceeding is dismissed pursuant to the provisions\nof paragraph (b) of this subdivision,\n  (i) Written notice of such dismissal shall forthwith be sent to the\nparent, the adoptive parents and their respective attorneys.\n  (ii) Such notice of dismissal shall set forth the name and address of\nthe parent, the name and address of the attorney for the parent, if any,\nthe name and address of the attorney for the adoptive parents.\n  (iii) Such notice of dismissal shall further set forth that if the\nchild is not returned to the custody of the parent within ten days from\nthe date of such notice of dismissal, the court will forthwith upon\nrequest, in writing, by the parent or by the attorney for the parent,\nfurnish to said parent or attorney so requesting, the names and address\nof the adoptive parents.\n  (iv) Such notice of dismissal shall further state that, in the event\nthe custody of the child is not returned to the parent by the adoptive\nparents upon request therefor, a proceeding to obtain custody may be\ninstituted by the parent in the Supreme Court or the Family Court.\n  (d) If, pursuant to the provisions of paragraph (b) of this\nsubdivision, the adoptive parents give timely and proper notice of their\nintention to oppose the revocation of the parent's consent:\n  (i) The court shall promptly notify, in writing, the parent, the\nadoptive parents, their respective attorneys, and the attorney for the\nchild appointed pursuant to section two hundred forty-nine of the family\ncourt act or a guardian ad litem appointed pursuant to section four\nhundred three-a of the surrogate's court procedure act, that the court\nwill, upon the date specified in such notice by the court, or as soon\nthereafter as the parties may be heard pursuant to this paragraph, hear\nand determine whether revocation of the consent of the parent was timely\nand properly given and whether the adoptive parent's notice of intent to\noppose such revocation was timely and properly given and if necessary,\nhear and determine what disposition should be made with respect to the\ncustody of the child.\n  (ii) The court shall, upon the date specified, take proof as to\nwhether the best interests of the child will be served by returning\ncustody of the child to the parents, or by the adoption of the child by\nthe adoptive parents, or by placement of the child with an authorized\nagency for foster care with or without authority to consent to the\nadoption of the child, or by other disposition of the custody of the\nchild.\n  (iii) If the court determines that the best interests of the child\nwill be served by returning custody of the child to the parent or by\nplacement of the child with an authorized agency or by disposition other\nthan adoption by the adoptive parents, the revocation of consent shall\nbe given force and effect and the court shall make such disposition of\nthe custody of the child as will best serve the interests of the child.\n  (iv) If the court determines that the best interests of the child will\nbe served by adoption of the child by the adoptive parents, the court\nshall enter an order denying any force or effect to the notice of\nrevocation of consent and shall dispose of the custody of the child as\nif no such notice of revocation had been given by the parent.\n  (v) In such proceeding the parent or parents who consented to such\nadoption shall have no right to the custody of the child superior to\nthat of the adoptive parents, notwithstanding that the parent or parents\nwho consented to the adoption are fit, competent and able to duly\nmaintain, support and educate the child. The custody of such child shall\nbe awarded solely on the basis of the best interests of the child, and\nthere shall be no presumption that such interests will be promoted by\nany particular custodial disposition.\n  7. Nothing contained in this section shall limit or affect the power\nand authority of the court in an adoption proceeding, pursuant to the\nprovisions of section one hundred sixteen of this title, to remove the\nchild from the home of the adoptive parents, upon the ground that the\nwelfare of the child requires such action, and thereupon to return the\nchild to a birth parent or place the child with an authorized agency,\nor, in the case of a surrogate, transfer the child to the family court;\nnor shall this section bar actions or proceedings brought on the ground\nof fraud, duress or coercion in the execution or inducement of an\nadoption consent.\n  8. Notwithstanding any other provision of this section, a parent\nhaving custody of a child whose adoption is sought by his or her spouse\nneed only consent that his or her child be adopted by a named stepfather\nor stepmother.\n  9. Any consent to adoption subject to the provisions of this section\nshall include an adoption information registry birth parent registration\nconsent form, stating whether or not such biological parent or parents\nwhose consent is subject to the provisions of this section, consents to\nthe receipt of identifying information by the child to be adopted upon\nregistration with the adoption information registry established by\nsection forty-one hundred thirty-eight-c of the public health law and\nupon the adoptee reaching the age of eighteen. If such consent is made,\nit shall be revocable by either of the biological parents at any time.\nThe revocation of the consent by one of the parents shall revoke the\nconsent of both parents. The failure of a biological parent to complete\nthe consent form shall have no effect on the finality of the consent to\nadoption. A copy of the form required by this subdivision, shall be\nforwarded to the state adoption information registry for inclusion in\nthe records maintained by such registry. Any fees authorized to be\ncharged by the state adoption registry for filing documentation with\nsuch registry shall be waived for the form required by this subdivision.\n
N.Y. PBH Law § 2897 — New York Code / Act PBH / Article 28-D / Title 3 / Section 2897
Suspension, revocation and civil penalties
Status: in_force

§ 2897. Suspension, revocation and civil penalties. 1. The license or\nregistration of a nursing home administrator may be suspended for a\nfixed period, revoked or annulled, or such administrator censured,\nreprimanded, subjected to a civil penalty and otherwise disciplined, in\naccordance with the provisions and procedures defined in this article,\nupon decision after due hearing that:\n  (a) he is guilty of fraud or deceit in his practice or has been guilty\nof fraud or deceit in procuring his license or registration;\n  (b) he has been convicted in a court of competent jurisdiction, either\nwithin or without the state, of a crime involving moral turpitude;\n  (c) he is or has been an alcohol abuser or is or has been addicted to\nthe use of morphine, cocaine or other drugs having similar effect, or\nhas become mentally ill;\n  (d) he has aided and abetted in the practice of nursing home\nadministration a person who is not a registered nursing home\nadministrator;\n  (e) he has falsely impersonated a duly registered nursing home\nadministrator or former duly registered nursing home administrator, or\nis practicing nursing home administration under an assumed name;\n  (f) he has been guilty of unethical conduct as defined by rules\nadopted by the board and certified by the commissioner;\n  (g) he has not obtained a certificate of registration as required by\nsection two thousand eight hundred ninety-six-g.\n  2. (a) A conviction of a felony shall forfeit a license to practice\nnursing home administration and shall be noted on the record of such\nlicense, and the license and registration thereunder shall be cancelled;\nprovided, that if such conviction be subsequently set aside or reversed\nupon appeal and the accused acquitted or discharged, his license shall\nbe restored.\n  (b) A conviction of a felony shall include the conviction of a felony\nby any court in this state or by any court of the United States or by\nany court of any other state of the United States; provided, however,\nthat if a crime of which the practitioner of nursing home administration\nis convicted by any court of the United States or any other state is a\nfelony in the jurisdiction in which the conviction is had but is not a\nfelony in the state of New York, then the conviction shall not be deemed\na conviction of a felony for the purpose of this article. In the event\nthat a crime of which the licensee is convicted by any court of the\nUnited States or by any court of any other state is not a felony in the\njurisdiction in which the conviction is had but is a felony in the state\nof New York, then the conviction shall be deemed a conviction of a\nfelony for the purposes of this article.\n  (c) If a person convicted of a felony or crime deemed hereby to be a\nfelony is subsequently pardoned by the governor of the state where such\nconviction was had, or by the president of the United States, or shall\nreceive a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law for\nthe purpose of removing the disability under this section because of\nsuch conviction, the board may, in its discretion, on application of\nsuch person, and on the submission to it of satisfactory evidence,\nrestore to such person the right to practice nursing home administration\nin this state.\n  3. The license or registration of a nursing home administrator may be\nsuspended for a fixed period or revoked or such administrator may be\ncensured, reprimanded, subjected to a civil penalty and otherwise\ndisciplined in accordance with the provisions and procedures defined in\nthis article, upon decision after due hearing that, as the administrator\nof a nursing home he has intentionally participated in any act, practice\nor policy of such nursing home that endangered the health or safety of\nits patients. No administrator shall be deemed to have intentionally\nparticipated in any act, practice or policy of a nursing home if he has\nfiled written objection to such act, practice or policy with the\noperator of such nursing home, specifying the manner in which such act,\npractice or policy endangers the health or safety of the patients of\nsuch nursing home.\n
N.Y. RPT Law § 1137 — New York Code / Act RPT / Article 11 / Title 3 / Section 1137
Statute of limitations
Status: in_force

§ 1137. Statute of limitations.  Every deed given pursuant to the\nprovisions of this article shall be presumptive evidence that the\nproceeding and all proceedings therein and all proceedings prior thereto\nfrom and including the assessment of the real property affected and all\nnotices required by law were regular and in accordance with all\nprovisions of law relating thereto. After two years from the date of the\nrecording of such deed, the presumption shall be conclusive. No\nproceeding to set aside such deed may be maintained unless the\nproceeding is commenced and a notice of pendency of the proceeding is\nfiled in the office of the proper county clerk prior to the time that\nthe presumption becomes conclusive.\n
N.Y. RSS Law § 25 — New York Code / Act RSS / Article 2 / Title 3 / Section 25
Appropriations in retirement bills
Status: in_force

§ 25. Appropriations in retirement bills. The state shall make a\npayment to the retirement system in an amount equal to the value of the\nbenefits associated with prior service upon the enactment of a bill\nwhich enacts or amends any provision of law relating to a retirement\nsystem or plan of the state of New York or of any of its political\nsubdivisions. The state may amortize such payment over a five year\nperiod at a rate of interest to be determined by the retirement system.\nSuch bill shall contain an itemized appropriation from the state's\ngeneral fund beginning for the fiscal year in which such amendment\nbecomes effective and which shall not be used for any other purpose,\nsufficient to disburse a minimum of the first of five such amortization\npayments plus the present value of the benefits provided to employees of\nthe state or its political subdivisions by the bill for the current\nfiscal year. The state shall continue to pay for the cost of the\nbenefits as provided by the bill to the state and its political\nsubdivisions on an ongoing basis. Such appropriation from the state's\ngeneral fund shall only be required when a bill is enacted on a\nstatewide basis. In addition, such appropriation from the state's\ngeneral fund shall not be required when the benefits provided by a\nparticular bill must be elected by a participating employer, local\ngovernment, or school district.\n
N.Y. LFN Law § 38.00 — New York Code / Act LFN / Article 2 / Title 3 / Section 38.00
Referenda on bond resolutions or capital note resolutions; fire districts and other district corporations
Status: in_force

§ 38.00 Referenda on bond resolutions or capital note resolutions;\nfire districts and other district corporations.  a. A bond resolution or\na capital note resolution adopted by the finance board of a fire\ndistrict shall not become effective unless it shall have been approved\nat a regular or special election of such district in the manner provided\nin section one hundred and seventy-nine of the town law, as amended from\ntime to time.\n  b. 1. If, prior to the effective date of this chapter, in a district\ncorporation other than a fire district, the voting of a special tax or a\ntax to be collected in installments for an object or purpose, at a\nregular or special election or meeting, is a condition precedent to the\nauthorization of the issuance of obligations for such object or purpose,\na bond resolution or a capital note resolution authorizing the issuance\nof bonds or capital notes for such object or purpose shall not be\nadopted by the finance board unless a special tax or a tax to be\ncollected in installments for such object or purpose shall have been\nvoted at such an election or meeting in the manner provided by law.\n  2. If, prior to the effective date of this chapter, in a district\ncorporation other than a fire district, the approval of a proposition\nfor the expenditure of money for an object or purpose, at a regular or\nspecial election or meeting, is a condition precedent to the\nauthorization of the issuance of obligations for such object or purpose,\na bond resolution or a capital note resolution authorizing the issuance\nof bonds or capital notes for such object or purpose shall not be\nadopted by the finance board unless a proposition for the expenditure of\nmoney for such object or purpose shall have been approved at such an\nelection or meeting in the manner provided by law.\n  3. If, prior to the effective date of this chapter, in a district\ncorporation other than a fire district, the authorization of the\nissuance of obligations for an object or purpose must be approved at a\nregular or special election or meeting, a bond resolution or a capital\nnote resolution adopted by the finance board authorizing the issuance of\nbonds or capital notes for such object or purpose shall not become\neffective unless it shall have been so approved at such an election or\nmeeting in the manner provided by law.\n
N.Y. PBH Law § 352 — New York Code / Act PBH / Article 3 / Title 3 / Section 352
County or part-county health commissioners; powers and duties
Status: in_force

§ 352. County or part-county health commissioners; powers and duties.\n1.  Every county health commissioner shall devote his entire time to the\nduties of his office except that in a county operating as a county\nhealth district, the boundaries of which are co-terminous with the\ncounty, he may, with the approval of the commissioner, be appointed\nsuperintendent of the county general hospital and further excepted, that\nin a county or part-county health district, he may, with the approval of\nthe commissioner, be appointed medical consultant to any county or other\nlocal governmental agency within the county or part-county health\ndistrict.\n  2. The county health commissioner shall, within his district, exercise\ngeneral supervision and control of the medical treatment of patients in\nthe institutions, public health centers and clinics operated by the\nhealth district and possess all the powers conferred upon and perform\nall the duties required of local health officers.\n  3. (a) The county health commissioner, within his district and with\nthe approval of the county board of health, or the county manager or\ncounty executive in those counties having an optional or alternative\nform of county government, and with the approval of the state\ncommissioner of health, may enter into contracts\n  (1) with corporations duly licensed in the state of New York to\ntransact the business of accident and health insurance to provide to\nsick and disabled persons insured by them such home care, including\nnursing and other paramedical services (excluding physicians' services)\nas may be needed by them;\n  (2) with hospital service corporations organized and operating in\naccordance with article forty-three of the insurance law to provide to\ntheir subscribers nursing service and such other paramedical services as\nwould have been available in a hospital (excluding physicians' services)\nat rates which shall prior to payment be approved as to reasonableness\nby the superintendent of financial services;\n  (3) with any municipal corporation or local, state or federal agency\nto provide such home care, including nursing and other paramedical\nservices (excluding physicians' services) as may be needed by sick and\ndisabled persons;\n  (4) with medical expense indemnity corporations organized and\noperating in accordance with article forty-three of the insurance law to\nprovide their subscribers with such home care, including nursing and\nother paramedical services as may be needed by them at rates which shall\nprior to payment be approved as to reasonableness by the superintendent\nof financial services; and\n  (5) with any non-profit corporation, agency or association established\nfor the purpose of improvement of health services, or for the purpose of\nproviding home care for sick and disabled persons, including nursing and\nother paramedical services (excluding physicians' services) as may be\nneeded by such persons.\n  (6) with any dentist, physician or group of physicians, without public\nbidding, for the rental or use of a portion of a clinic or public health\ncenter and its equipment and furnishings provided, however, that any\nsuch dentist, physician or group of physicians shall render such care\nand treatment as shall be necessary or possible under the circumstances\nto any person found eligible for emergency treatment including those\nfound in an unconscious, seriously ill or wounded condition and to any\nperson eligible for medical assistance pursuant to section three hundred\nsixty-six of the social services law.\n  (b) such county commissioner, manager or executive, as the case may\nbe, shall establish the fees to be charged for such services to be\nrendered pursuant to such contracts, collect such fees and pay the same\nover to the fiscal officer of the county in the manner provided by law.\nNo contract made in accordance with the provisions of subdivision (a) of\nthis section shall require payment for such services to an insured or\nsubscriber at a rate in excess of the charge for the same service, if\nany, provided to a person afflicted with a similar disease or condition\nwho is neither insured nor a subscriber.\n  4. The county or part-county health commissioner within his district\nand with the approval of the county or part-county board of health, or\nthe county manager or county executive in those counties having an\noptional or alternate form of county government and with the approval of\nthe state commissioner of health may establish and collect fees from a\npatient or a person or private or public agency responsible for his care\nfor services rendered to patients in the institutions, public health\ncenters and clinics operated by the health district and for nursing and\nparamedical services (excluding physicians' services) rendered to people\nsick at home. Fees so collected shall be paid to the fiscal officer of\nthe county in the manner provided by law.\n  5. The county or part-county health commissioner may in his\ndiscretion, in proper cases, where substantial justice will best be\nserved thereby, waive the collection of all, or any portion of, such\nfees or compromise any portion of such fees. Such waiver or compromise\nshall be made only upon prior approval of the county or part-county\nboard of health, or the county manager or county executive in those\ncounties having an optional or alternate form of county government, when\nit is deemed to be in the best interests of the county.\n  6. The county or part-county health commissioner, the public health\ndirector, the New York city commissioner of health or the county manager\nor county executive in those counties having an optional or alternate\nform of county government, may contract with a private collection agency\nfor the collection of overdue claims and obligations with respect to\nfees charged for physician, dentist, nursing, paramedical, therapist,\nlaboratory and home health services and medical supplies and equipment\nor other health-related services provided by, on behalf of, or at the\nrequest of the county or part-county health district or health\ndepartment.\n
N.Y. PBH Law § 614 — New York Code / Act PBH / Article 6 / Title 3 / Section 614
Definitions
Status: in_force

§ 614. Definitions. The following terms shall have the following\nmeanings:\n  1. "County", any county of the state other than one wholly embraced\nwithin a city or any combinations of counties or parts of a county that\nconstitutes a health district.\n  2. "City", each city of the state having a population of one million\nor more, according to the last preceding federal census.\n  3. "Municipality", a county or city.\n  4. "Governing body", the board of supervisors of a county or the\ncommon council, city council or other legislative body of a city or\ncounty.\n  5. "Local commissioner of health", the officer who administers and\nmanages public health programs within a county who is appointed pursuant\nto section three hundred fifty-one of this chapter and who has the\ngeneral powers and duties specified in section three hundred fifty-two\nof this chapter and the commissioner of health in a city having a\npopulation of more than one million.\n  6. "Public health director", a person, including a county health\ndirector, who, with appropriate medical consultation, administers and\nmanages public health programs within a county, or a city having a\npopulation of less than two hundred fifty thousand, and who meets the\nqualifications as prescribed pursuant to section two hundred twenty-five\nof this chapter.\n
N.Y. PBA Law § 3967 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3967
Agreement with the county
Status: in_force

§ 3967. Agreement with the county. 1. The county shall covenant and\nagree with the holders of any issue of bonds, notes or other obligations\nissued by the authority pursuant to this title and secured by such\ncovenant and agreement that the county will not limit, alter or impair\nthe rights hereby vested in the authority to fulfill the terms of any\nagreements made with such holders pursuant to this title, or in any way\nimpair the rights and remedies of such holders or the security for such\nbonds, notes or other obligations, until such bonds, notes or other\nobligations, together with the interest thereon and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nsuch holders, are fully paid and discharged. The authority is authorized\nto include this covenant and agreement of the county in any agreement\nwith the holders of such bonds, notes or other obligations. Nothing\ncontained in this title shall be deemed to restrict any right of the\ncounty to amend, modify, repeal or otherwise alter any local laws,\nordinances or resolutions imposing or relating to taxes or fees, or\nappropriations relating to such taxes or fees, or setting aside or\nallocating and applying, paying or using net collections pursuant to the\nauthority of subdivision (a), (c) or (d) of section twelve hundred\nsixty-two of the tax law, so long as, after giving effect to such\namendment, modification or other alteration, the aggregate amount as\nthen projected by the authority of (i) sales and compensating use taxes\nto be imposed by the county pursuant to the authority of subpart B of\npart one of article twenty-nine of the tax law; and\n  (ii) all such net collections to be set aside or to be allocated and\napplied, paid or used by the county pursuant to the authority of section\ntwelve hundred sixty-two of the tax law during each of the authority's\nfiscal years following the effective date of such amendment,\nmodification or other alteration shall be not less than two hundred\npercent of maximum annual debt service on authority bonds, notes or\nother obligations then outstanding. Notwithstanding anything to the\ncontrary in this section, the county further agrees that it shall impose\ntaxes pursuant to the authority of subdivision (a) of section twelve\nhundred ten of the tax law at the rate of no less than three percent.\n  2. The authority shall not include within any resolution, contract or\nagreement with holders of the bonds, notes or other obligations issued\nunder this title any provision which provides that a default occurs as a\nresult of the county exercising its right to amend, modify, repeal or\notherwise alter such taxes, fees or appropriations or such net\ncollections. Nothing in this title shall be deemed to obligate the\ncounty to make any payments or impose any taxes or set aside or allocate\nand apply, pay or use net collections pursuant to the authority of\nsection twelve hundred sixty-two of the tax law; except that the county\nshall impose taxes pursuant to the authority of subdivision (a) of\nsection twelve hundred ten of the tax law at the rate of no less than\nthree percent.\n
N.Y. RPT Law § 494 — New York Code / Act RPT / Article 4 / Title 3 / Section 494
Taxation of exempt property upon transfer of title or possession in certain instances
Status: in_force

§ 494.  Taxation of exempt property upon transfer of title or\npossession in certain instances.  1.  The provisions of this section\nshall apply only in a city having a population of one million or more.\n  2.  Whenever any person, association or corporation not entitled to an\nexemption from taxation acquires title to or possession of property\nwhich is exempt from taxation, such property shall immediately become\nsubject to taxation and shall be taxed pro rata for the unexpired\nportion of the taxable year.  However, if the United States or the state\nof New York, through the exercise of the power of eminent domain\nacquires or shall have acquired temporarily the possession, occupation\nor use of real property which was previously exempt from taxation\npursuant to former section four of the tax law, such previous exemption\nshall be deemed to continue unbroken and to resume from the date when\nthe possession shall have been restored to the owner and the previously\nexempt use resumed, despite the fact that such property may be or may\nhave been deemed taxable during the period when the United States or the\nstate of New York acquired or shall have acquired such temporary\npossession, occupation or use.\n  3.  If taxes on any such property become due and payable for the\nentire taxable year on a single date, and any such change in title or\npossession takes place prior to such due date, the pro rata portion of\ntaxes imposed upon such property pursuant to this section shall become\ndue and payable and shall become a lien upon such property upon such due\ndate, but if such change in title or possession takes place after such\ndue date, such pro rata portion of taxes shall become due and payable\nand shall become a lien upon such property on the date when such change\nin title or possession takes place.  If taxes embracing such property\nbecome due and payable on two dates in equal installments, and any such\nchange in title or possession takes place prior to the earlier of such\ndue dates, the pro rata portion of the first installment shall become\ndue and payable and shall become a lien on such property on such earlier\ndue date, and the entire second installment shall become due and payable\nand shall become a lien on such property on the later of such due dates;\nif any such change in title or possession takes place between such due\ndates, the entire pro rata portion of the taxes to which such property\nis subject for the taxable year pursuant to this section shall become\ndue and payable and shall become a lien on such property upon such later\ndue date; if any such transfer of title or possession takes place after\nthe later of such due dates, the pro rata portion of taxes to which such\nproperty is subject for the taxable year pursuant to this section shall\nbecome due and payable and shall become a lien on such property upon the\ndate of such transfer of title or possession.  If taxes embracing such\nproperty become due and payable on more than two dates in equal\ninstallments, and any such change in title or possession takes place\nprior to the first due date, or between due dates, the pro rata portion\nof the first installment or of a subsequent installment affected by such\nchange, as the case may be, shall become due and payable and shall\nbecome a lien on such property on the due date next following such\nchange in title or possession, and the remaining installments shall\nbecome due and payable and shall become a lien on such property on their\nrespective due dates; if any such transfer of title or possession takes\nplace after the last due date in a taxable year, the pro rata portion of\ntax to which such property is subject for the taxable year pursuant to\nthis section shall become due and payable and shall become a lien on\nsuch property upon the date of such transfer of title or possession.\n  4.  No right granted by this article to any person, association or\ncorporation to lease or otherwise use for income-producing purposes any\nproperty of such person, association or corporation, without terminating\nthe tax exemption of such property in whole or in part, shall be\nimpaired or diminished by this section, but if any change of title or\npossession of any property, shall, by virtue of the provisions of this\narticle, terminate the tax exemption of such property, in whole or in\npart, the provisions of this section shall apply with full force and\neffect to the extent that such property shall cease to be tax exempt by\nvirtue of the provisions of such article.\n
N.Y. PBA Law § 3969 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3969
Tax exemption
Status: in_force

§ 3969. Tax exemption. 1. It is hereby determined that the creation of\nthe authority and the carrying out of its corporate purposes are in all\nrespects for the benefit of the people of the state of New York and are\npublic purposes. Accordingly, the authority shall be regarded as\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title. The authority shall not be\nrequired to pay any fees, taxes, special ad valorem levies or\nassessments of any kind, whether state or local, including, but not\nlimited to, fees, taxes, special ad valorem levies or assessments on\nreal property, franchise taxes, sales taxes or other taxes, upon income\nor with 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 title, or upon or with respect to any fares,\ntolls, rentals, rates, charges, fees, revenues or other income received\nby the authority.\n  2. Any bonds, notes or other obligations issued pursuant to this\ntitle, and the income therefrom, shall be exempt from taxation.\n
N.Y. VAT Law § 385-A — New York Code / Act VAT / Title 3 / Article 10 / Section 385-A
Owner liability for failure of operator to comply with weight restrictions
Status: in_force

* § 385-a. Owner liability for failure of operator to comply with\nweight restrictions. (a) 1. (i) Notwithstanding any other provision of\nlaw, the city of New York is hereby authorized to establish a weigh in\nmotion demonstration program on the covered locations set forth in\nsubparagraph (ii) of this paragraph imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ngross vehicle weight and/or axle weight restrictions on such covered\nlocations in accordance with the provisions of this section. Such\ndemonstration program shall empower the city of New York to install and\noperate up to sixteen weigh in motion violation monitoring systems at\nany one time on interstate route 278 in Kings county, and up to two\nweigh in motion violation monitoring systems at any one time on each of\nthe other covered locations set forth in such subparagraph. Such systems\nmay be stationary or mobile and may be activated at locations on such\nportion of such interstate and on the other such covered locations as\ndetermined by the New York city department of transportation. The New\nYork state department of transportation, covered agencies, and covered\nauthorities may enter into a memorandum of understanding with the New\nYork city department of transportation for the purposes of coordinating\nthe planning, design, installation, construction and maintenance of such\nweigh in motion demonstration program. Such memorandum shall address,\nfor purposes of such demonstration program, the use of systems, devices\nand other facilities owned and operated by the state, covered agencies,\nand covered authorities.\n  (ii) Covered locations subject to a demonstration program established\nby the city of New York pursuant to this section shall mean interstate\nroute 278 in Kings county; the Greenpoint Avenue bridge over Newtown\nCreek; the Metropolitan Avenue bridge over Newtown Creek; the Hamilton\nAvenue bridge over the Gowanus Canal; the Williamsburg bridge over the\nEast River; the Ed Koch Queensboro bridge (state route 25) over the East\nRiver; the Third Avenue bridge over the Harlem River; the Manhattan\nbridge over the East River; and that portion of the Long Island\nExpressway (interstate route 495) over Woodhaven Boulevard.\n  1-a. (i) Notwithstanding any other provision of law, after holding a\npublic hearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe triborough bridge and tunnel authority, the chair of the triborough\nbridge and tunnel authority is hereby authorized to establish a weigh in\nmotion demonstration program on the covered location set forth in\nsubparagraph (ii) of this paragraph imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ngross vehicle weight and/or axle weight restrictions on such covered\nlocation in accordance with the provisions of this section. Such\ndemonstration program shall empower the chair of the triborough bridge\nand tunnel authority to install and operate up to two weigh in motion\nviolation monitoring systems at any one time on such covered location.\nSuch systems may be stationary or mobile and may be activated at\nlocations on such covered location as determined by such chair. Covered\nagencies and covered authorities may enter into a memorandum of\nunderstanding with the triborough bridge and tunnel authority for the\npurposes of coordinating the planning, design, installation,\nconstruction and maintenance of such weigh in motion demonstration\nprogram. Such memorandum shall address, for purposes of such\ndemonstration program, the use of systems, devices and other facilities\nowned and operated by such other covered agencies and covered\nauthorities.\n  (ii) The covered location subject to a demonstration program\nestablished by the chair of the triborough bridge and tunnel authority\npursuant to this section shall mean the Robert F. Kennedy bridge.\n  1-b. (i) Notwithstanding any other provision of law, after holding a\npublic hearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe bridge authority, the chair of the bridge authority is hereby\nauthorized to establish a weigh in motion demonstration program on the\ncovered locations set forth in subparagraph (ii) of this paragraph\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with gross vehicle weight and/or axle weight\nrestrictions on such covered locations in accordance with the provisions\nof this section. Such demonstration program shall empower the chair of\nthe bridge authority to install and operate up to two weigh in motion\nviolation monitoring systems at any one time on each such covered\nlocation. Such systems may be stationary or mobile and may be activated\nat locations on such covered locations as determined by such chair.\nCovered agencies and covered authorities may enter into a memorandum of\nunderstanding with the bridge authority for the purposes of coordinating\nthe planning, design, installation, construction and maintenance of such\nweigh in motion demonstration program. Such memorandum shall address,\nfor purposes of such demonstration program, the use of systems, devices\nand other facilities owned and operated by such other covered agencies\nand covered authorities.\n  (ii) Covered locations subject to a demonstration program established\nby the chair of the bridge authority pursuant to this section shall mean\nthe Bear Mountain bridge, the Newburgh Beacon bridge and the Mid-Hudson\nbridge.\n  1-c. (i) Notwithstanding any other provision of law, after holding a\npublic hearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe port authority of New York and New Jersey, the chair of the port\nauthority of New York and New Jersey is hereby authorized to establish a\nweigh in motion demonstration program on the covered location set forth\nin subparagraph (ii) of this paragraph imposing monetary liability on\nthe owner of a vehicle for failure of an operator thereof to comply with\ngross vehicle weight and/or axle weight restrictions on such covered\nlocation in accordance with the provisions of this section. Such\ndemonstration program shall empower the chair of the port authority of\nNew York and New Jersey to install and operate up to two weigh in motion\nviolation monitoring systems at any one time on such covered location.\nSuch systems may be stationary or mobile and may be activated at\nlocations on such covered location as determined by such chair. Covered\nagencies and covered authorities may enter into a memorandum of\nunderstanding with the port authority of New York and New Jersey for the\npurposes of coordinating the planning, design, installation,\nconstruction and maintenance of such weigh in motion demonstration\nprogram. Such memorandum shall address, for purposes of such\ndemonstration program, the use of systems, devices and other facilities\nowned and operated by such other covered agencies and covered\nauthorities.\n  (ii) The covered location subject to a demonstration program\nestablished by the chair of the port authority of New York and New\nJersey pursuant to this section shall mean the George Washington bridge.\n  1-d. (i) Notwithstanding any other provision of law, after holding a\npublic hearing in accordance with the public officers law and subsequent\napproval of the establishment of a demonstration program in accordance\nwith this section by a majority of the members of the entire board of\nthe thruway authority, the chair of the thruway authority is hereby\nauthorized to establish a weigh in motion demonstration program on the\ncovered location set forth in subparagraph (ii) of this paragraph\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with gross vehicle weight and/or axle weight\nrestrictions on such covered location in accordance with the provisions\nof this section. Such demonstration program shall empower the chair of\nthe thruway authority to install and operate up to two weigh in motion\nviolation monitoring systems at any one time on such covered location.\nSuch systems may be stationary or mobile and may be activated at\nlocations on such covered location as determined by such chair.\n  (ii) The covered location subject to a demonstration program\nestablished by the chair of the thruway authority pursuant to this\nsection shall mean a location on the thruway at thruway interchange 34-A\neast of the city of Syracuse.\n  1-e. A covered location as defined by this subdivision consisting of a\nbridge shall include a distance not to exceed two thousand six hundred\nforty feet along the length of the existing highway between the bridge\nhead of the respective bridge, in either direction, and the nearest\npaved level surface of such highway where a weigh in motion violation\nmonitoring system can be installed in accordance with an engineering\nanalysis, except for the west end of the Mid-Hudson Bridge where such\ndistance shall not exceed five thousand two hundred eighty feet.\n  2. No weigh in motion violation monitoring system shall be used unless\n(i) on the day it is to be used it has undergone a self-test for the\noperation of such system; and (ii) it has undergone a semi-annual\ncalibration check performed pursuant to paragraph three of this\nsubdivision. A result of the daily self-test for each such system shall\ninclude the date and time that the self-test was successfully performed.\nEach covered agency and covered authority shall retain each such daily\nself-test until the later of the date on which the weigh in motion\nsystem to which it applies has been permanently removed from use or the\nfinal resolution of all cases involving notices of liability issued\nbased on photographs, microphotographs, video or other recorded images,\nand information and data generated in conjunction therewith, produced by\nsuch system.\n  3. Each weigh in motion violation monitoring system shall undergo a\ncalibration check every six months in accordance with specifications\nprescribed pursuant to a memorandum of agreement between the applicable\ncovered agency or covered authority and the New York state department of\nagriculture and markets, or in accordance with an applicable reference\nstandard as determined by the applicable covered agency or covered\nauthority. Such calibration check shall be performed by an independent\ncalibration laboratory which shall issue a signed certificate of\ncalibration on its letterhead to the applicable covered agency or\ncovered authority. Nothing contained in this paragraph shall be deemed\nto require the signature of a notary public on such certificate. Covered\nagencies and covered authorities shall retain each such bi-annual\ncertificate of calibration on file until the final resolution of all\ncases involving notices of liability issued during such six-month time\nperiod which were based on photographs, microphotographs, video or other\nrecorded images, and information and data generated in conjunction\ntherewith, produced by such weigh in motion violation monitoring system.\n  4. Each covered agency and covered authority shall establish a range,\naccording to the manufacturer's standards and its monitoring of the\nsystem, for evaluating information and data collected from sensor\nreadings of each weigh in motion violation monitoring system of such\ncovered agency and covered authority. Each such system shall be set to\nautomatically alert such covered agency or covered authority of\nsignificant variations from the established range during a\ntwenty-four-hour period. After such an alert, such system shall be\ninspected and any necessary adjustments shall be made. Such covered\nagency or covered authority shall keep a log of the details of all\nalerts, including the date and time of such alert, the amount of\nvariation from the established range in such alert, the adjustments made\nor actions taken as a result of the subsequent inspection, and the date\nand time of such inspection, adjustments or actions.\n  5. Weigh in motion violation monitoring systems used in accordance\nwith the weigh in motion demonstration program authorized pursuant to\nthis section shall be operated only on covered locations.\n  6. (i) No photograph, microphotograph, videotape or other recorded\nimage, nor any information and data generated in conjunction therewith,\nshall be used for any purpose other than as specified in this section,\nexcept as may be otherwise provided by this paragraph.\n  (ii) Such demonstration program shall utilize necessary technologies\nto ensure, to the extent practicable, that photographs,\nmicrophotographs, videotape or other recorded images produced by such\nweigh in motion violation monitoring systems shall not include images\nthat identify the driver, the passengers, or the contents of the\nvehicle. Provided, however, that no notice of liability issued pursuant\nto this section shall be dismissed solely because such a photograph,\nmicrophotograph, videotape or other recorded image allows for the\nidentification of the driver, the passengers, or the contents of\nvehicles where the applicable covered agency or covered authority shows\nthat it made reasonable efforts to comply with the provisions of this\nparagraph in such case.\n  (iii) Photographs, microphotographs, videotape or any other recorded\nimage, and any information and data generated in conjunction therewith,\nproduced by a weigh in motion violation monitoring system shall be for\nthe exclusive use of the applicable covered agency or covered authority\nfor the purpose of the adjudication of liability imposed pursuant to\nthis section, and of the owner receiving a notice of liability pursuant\nto this section, and as required by the covered agency or covered\nauthority to study the impact of overweight vehicles on its covered\nlocations and management of such covered locations, and shall be\ndestroyed by the applicable covered agency or covered authority upon the\nfinal resolution of the notice of liability to which such photographs,\nmicrophotographs, videotape or other recorded images and information and\ndata generated in conjunction therewith relate, or one year following\nthe date of issuance of such notice of liability, whichever is later.\nNotwithstanding the provisions of any other law, rule or regulation to\nthe contrary, photographs, microphotographs, videotape or any other\nrecorded image, and information and data generated in conjunction\ntherewith, from a weigh in motion violation monitoring system shall not\nbe open to the public, nor subject to civil or criminal process or\ndiscovery, nor used by any court or administrative or adjudicatory body\nin any action or proceeding therein except that which is necessary for\nthe adjudication of a notice of liability issued pursuant to this\nsection, and no public entity or employee, officer or agent thereof\nshall disclose such information, except that such photographs,\nmicrophotographs, videotape or any other recorded images, and\ninformation and data generated in conjunction therewith, from such\nsystems:\n  (A) shall be available for inspection and copying and use by the motor\nvehicle owner and operator for so long as such photographs,\nmicrophotographs, videotape or other recorded images, information and\ndata are required to be maintained or are maintained by such public\nentity, employee, officer or agent; and\n  (B) (1) shall be furnished when described in a search warrant issued\nby a court authorized to issue such a search warrant pursuant to article\nsix hundred ninety of the criminal procedure law or a federal court\nauthorized to issue such a search warrant under federal law, where such\nsearch warrant states that there is reasonable cause to believe such\ninformation constitutes evidence of, or tends to demonstrate that, a\nmisdemeanor or felony offense was committed in this state or another\nstate, or that a particular person participated in the commission of a\nmisdemeanor or felony offense in this state or another state, provided,\nhowever, that if such offense was against the laws of another state, the\ncourt shall only issue a warrant if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony\nagainst the laws of this state; and\n  (2) shall be furnished in response to a subpoena duces tecum signed by\na judge of competent jurisdiction and issued pursuant to article six\nhundred ten of the criminal procedure law or a judge or magistrate of a\nfederal court authorized to issue such a subpoena duces tecum under\nfederal law, where the judge finds and the subpoena states that there is\nreasonable cause to believe such information is relevant and material to\nthe prosecution, or the defense, or the investigation by an authorized\nlaw enforcement official, of the alleged commission of a misdemeanor or\nfelony in this state or another state, provided, however, that if such\noffense was against the laws of another state, such judge or magistrate\nshall only issue such subpoena if the conduct comprising such offense\nwould, if occurring in this state, constitute a misdemeanor or felony in\nthis state; and\n  (3) may, if lawfully obtained pursuant to this clause and clause (A)\nof this subparagraph and otherwise admissible, be used in such criminal\naction or proceeding.\n  (iv) The applicable covered agency or covered authority shall install\nsigns in advance of entry points to each of its covered locations giving\nnotice to approaching motor vehicle operators that weigh in motion\nviolation monitoring systems are in use to enforce motor vehicle weight\nrestrictions.\n  (v) Each covered agency and covered authority shall use oversight\nprocedures to ensure compliance with the aforementioned privacy\nprotection measures.\n  (b) If a covered agency or covered authority establishes a\ndemonstration program pursuant to subdivision (a) of this section, the\nowner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section if such vehicle was used or operated with the permission of\nthe owner, express or implied, on a covered location in violation of\nsection three hundred eighty-five of this article and the rules of the\napplicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight, where such vehicle was traveling ten\npercent or more above the gross vehicle weight or twenty percent or more\nabove the axle weight at the time of such violation as indicated by at\nleast two independently detected gross vehicle weight and/or axle weight\nmeasurements obtained by a weigh in motion violation monitoring system,\nand such violation is evidenced by information obtained from a weigh in\nmotion violation monitoring system; provided however that no owner of a\nvehicle shall be liable for a penalty imposed pursuant to this section\nwhere the operator of such vehicle: has been convicted of the underlying\nviolation of section three hundred eighty-five of this article and the\nrules of the applicable covered agency or covered authority in relation\nto gross vehicle weight and/or axle weight; or operated such vehicle in\naccordance with the terms and conditions of any overweight permit issued\nin accordance with this chapter and any rules and regulations\npromulgated thereto. Where a vehicle is in violation of both gross\nvehicle weight restrictions and axle weight restrictions, the owner\nshall be liable for a separate penalty for each such violation.\n  (c) For purposes of this section, the following terms shall have the\nfollowing meanings:\n  1. "bridge authority" shall mean the New York state bridge authority\ncreated pursuant to section five hundred twenty-seven of the public\nauthorities law;\n  2. "chair" shall mean the chair of the thruway authority, the chair of\nthe bridge authority, the chair of the port authority of New York and\nNew Jersey, or the president of the triborough bridge and tunnel\nauthority, as applicable;\n  3. "covered agency" shall mean the city of New York;\n  4. "covered authority" shall mean the bridge authority, the thruway\nauthority, the triborough bridge and tunnel authority, and the port\nauthority of New York and New Jersey;\n  5. "owner" shall have the meaning provided in article two-B of this\nchapter;\n  6. "port authority of New York and New Jersey" shall mean that body\ncorporate and politic created pursuant to article three of chapter one\nhundred fifty-four of the laws of nineteen hundred twenty-one, and\ndesignated as "The Port Authority of New York and New Jersey" by such\nchapter;\n  7. "thruway authority" shall mean the New York state thruway\nauthority, a body corporate and politic constituting a public\ncorporation created and constituted pursuant to title nine of article\ntwo of the public authorities law;\n  8. "triborough bridge and tunnel authority" shall mean the corporation\norganized pursuant to section five hundred fifty-two of the public\nauthorities law;\n  9. "thruway" shall mean generally a divided highway under the\njurisdiction of the thruway authority for mixed traffic with access\nlimited as the authority may determine and generally with grade\nseparations at intersections;\n  10. "weigh in motion violation monitoring system" shall mean sensors,\ncapable of operating independently of an enforcement officer, installed\nto work in conjunction with other devices to capture and record the\ngross vehicle weight and the axle weight of a motor vehicle, which\nproduce at least two independently detected gross vehicle weight and/or\naxle weight measurements and automatically produce two or more\nphotographs, two or more microphotographs, a videotape or other recorded\nimages of each vehicle at the time it is used or operated in violation\nof section three hundred eighty-five of this article and the rules of\nthe applicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight, in accordance with the provisions of\nthis section;\n  11. "weigh in motion demonstration program" shall mean the\ndemonstration program authorized by this section that operates\nexclusively on covered locations;\n  12. "interstate route 278 in Kings county" shall mean that portion of\ninterstate route 278 specifically from the vicinity of Atlantic avenue\nto the vicinity of Sands street in Kings county, state of New York; and\n  13. "Rules of the applicable covered agency or covered authority"\nshall mean rules and regulations in relation to gross vehicle weight\nand/or axle weight of the following, as applicable: the New York city\ndepartment of transportation adopted pursuant to section sixteen hundred\nforty-two of this chapter; the thruway authority adopted pursuant to\nsections three hundred eighty-five and sixteen hundred thirty of this\nchapter; the triborough bridge and tunnel authority and the bridge\nauthority adopted pursuant to section sixteen hundred thirty of this\nchapter; and the port authority of New York and New Jersey adopted\npursuant to article six of chapter one hundred fifty-four of the laws of\nnineteen hundred twenty-one and chapter forty-three of the laws of\nnineteen hundred twenty-two.\n  (d) A certificate, sworn to or affirmed by a technician employed by\nthe applicable covered agency or covered authority, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images, and information and data generated\nin conjunction therewith, produced by a weigh in motion violation\nmonitoring system, shall be prima facie evidence of the facts contained\ntherein. Nothing contained in this subdivision shall be deemed to\nrequire the signature of a notary public on such certificate. Any\nphotographs, microphotographs, videotape or other recorded images\nevidencing such a violation shall include an image of the motor vehicle\nalleged to be in violation and the information and data generated in\nconjunction therewith and shall be available for inspection reasonably\nin advance of and at any proceeding to adjudicate the liability for such\nviolation pursuant to this section.\n  (e) An owner liable for a violation of section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight pursuant to a weigh in motion demonstration program\nestablished pursuant to this section shall be liable for monetary\npenalties not to exceed one thousand two hundred dollars for each\nviolation; provided, however, that an additional penalty not in excess\nof twenty-five dollars for each violation may be imposed for the failure\nto respond to a notice of liability within the prescribed time period.\n  (f) An imposition of liability under the weigh in motion demonstration\nprogram established pursuant to this section shall not be deemed a\nconviction as an operator and shall not be made part of the operating\nrecord of the person upon whom such liability is imposed nor shall it be\nused for insurance purposes in the provision of motor vehicle insurance\ncoverage.\n  (g) 1. A notice of liability shall be sent by first class mail to each\nperson alleged to be liable as an owner for a violation of section three\nhundred eighty-five of this article and the rules of the applicable\ncovered agency or covered authority in relation to gross vehicle weight\nand/or axle weight pursuant to this section, within fourteen business\ndays if such owner is a resident of this state and within forty-five\nbusiness days if such owner is a non-resident. Personal delivery on the\nowner shall not be required. A manual or automatic record of mailing\nprepared in the ordinary course of business shall be prima facie\nevidence of the facts contained therein.\n  2. A notice of liability shall contain the name and address of the\nperson alleged to be liable as an owner for a violation of section three\nhundred eighty-five of this article and the rules of the applicable\ncovered agency or covered authority in relation to gross vehicle weight\nand/or axle weight pursuant to this section, the United States\ndepartment of transportation number of the vehicle involved in such\nviolation, the registration number of the vehicle involved in such\nviolation, the gross vehicle weight and/or axle weight measured, the\nlocation where such violation took place, the date and time of such\nviolation, the identification number of the weigh in motion violation\nmonitoring system which recorded the violation or other document locator\nnumber, one or more date and time stamped images identifying the motor\nvehicle and the information and data evidencing the alleged violation,\nand the certificate charging the liability.\n  3. The notice of liability shall contain information advising the\nperson charged of the manner and the time in which they may contest the\nliability alleged in the notice. Such notice of liability shall also\ncontain a prominent warning to advise the person charged that failure to\ncontest in the manner and time provided shall be deemed an admission of\nliability and that a default judgment may be entered thereon.\n  4. The notice of liability shall be prepared and mailed by the\napplicable covered agency or covered authority, or by any other entity\nauthorized by the applicable covered agency or covered authority to\nprepare and mail such notice of liability.\n  (h) Adjudication of the liability imposed upon owners by this section\nshall be by a traffic violations bureau established pursuant to section\nthree hundred seventy of the general municipal law where the violation\noccurred or, if there be none, by the court having jurisdiction over\ntraffic infractions where the violation occurred, except that if a city\nhas established an administrative tribunal to hear and determine\ncomplaints of traffic infractions constituting parking, standing or\nstopping violations such city may, by local law, authorize such\nadjudication by such tribunal. Provided, however, that a notice of\nliability imposed upon owners by this section where the violation\noccurred on a covered location located within a city with a population\nof one million or more shall be adjudicated by the New York city parking\nviolations bureau.\n  (i) If an owner receives a notice of liability pursuant to this\nsection for any time period during which the vehicle or the number plate\nor plates of such vehicle was reported to the police department as\nhaving been stolen, it shall be a valid defense to an allegation of\nliability for a violation of section three hundred eighty-five of this\narticle and the rules of the applicable covered agency or covered\nauthority in relation to gross vehicle weight and/or axle weight\npursuant to this section that the vehicle or the number plate or plates\nof such vehicle had been reported to the police as stolen prior to the\ntime the violation occurred and had not been recovered by such time. For\npurposes of asserting the defense provided by this subdivision, it shall\nbe sufficient that a certified copy of the police report on the stolen\nvehicle or number plate or plates of such vehicle be sent by first class\nmail to the applicable covered agency or covered authority, or the\ntraffic violations bureau, court having jurisdiction or parking\nviolations bureau. Nothing contained in this subdivision shall be deemed\nto prohibit an owner which submits a police report pursuant to this\nsubdivision to the applicable covered agency or covered authority from\nlater submitting such report to the traffic violations bureau, court\nhaving jurisdiction or parking violations bureau as provided by this\nsubdivision.\n  (j) 1. Where the adjudication of liability imposed upon owners\npursuant to this section is by a traffic violations bureau or a court\nhaving jurisdiction, an owner who is a lessor of a vehicle to which a\nnotice of liability was issued pursuant to subdivision (g) of this\nsection shall not be liable for the violation of section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight pursuant to this section, provided that such owner sends to\nthe applicable covered agency or covered authority, or to the traffic\nviolations bureau or court having jurisdiction a copy of the rental,\nlease or other such contract document covering such vehicle on the date\nof the violation, with the name and address of the lessee clearly\nlegible, within thirty-seven days after receiving notice from the bureau\nor court of the date and time of such violation, together with the other\ninformation contained in the original notice of liability. Failure to\nsend such information within such thirty-seven day time period shall\nrender the owner liable for the penalty prescribed by this section.\nWhere the lessor complies with the provisions of this paragraph, the\nlessee of such vehicle on the date of such violation shall be deemed to\nbe the owner of such vehicle for purposes of this section, shall be\nsubject to liability for the violation of section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight pursuant to this section and shall be sent a notice of\nliability pursuant to subdivision (g) of this section. Nothing contained\nin this paragraph shall be deemed to prohibit a lessor which submits\ninformation pursuant to this paragraph to the applicable covered agency\nor covered authority from later submitting such information to the\ntraffic violations bureau or court having jurisdiction as provided by\nthis paragraph.\n  2. In a city which, by local law, has authorized the adjudication of\nliability imposed upon owners by this section by a parking violations\nbureau and in a city with a population of one million or more, an owner\nwho is a lessor of a vehicle to which a notice of liability was issued\npursuant to subdivision (g) of this section shall not be liable for the\nviolation of section three hundred eighty-five of this article and the\nrules of the applicable covered agency or covered authority in relation\nto gross vehicle weight and/or axle weight pursuant to this section,\nprovided that:\n  (i) prior to the violation, the lessor has filed with the bureau in\naccordance with the provisions of section two hundred thirty-nine of\nthis chapter; and\n  (ii) (A) within thirty-seven days after receiving notice from such\nbureau of the date and time of a liability, together with the other\ninformation contained in the original notice of liability, the lessor\nsubmits to such bureau the correct name and address of the lessee of the\nvehicle identified in the notice of liability at the time of such\nviolation, together with such other additional information contained in\nthe rental, lease or other contract document, as may be reasonably\nrequired by such bureau pursuant to regulations that may be promulgated\nfor such purpose; or\n  (B) no later than the time period prescribed by clause (A) of this\nsubparagraph, the lessor submits to the applicable covered agency or\ncovered authority a copy of the rental, lease or other such contract\ndocument covering such vehicle on the date of the violation, with the\nname and address of the lessee clearly legible. Nothing contained in\nthis clause shall be deemed to prohibit a lessor which submits\ninformation pursuant to this clause to the applicable covered agency or\ncovered authority from later submitting such information to the bureau\nas provided by clause (A) of this subparagraph.\n  3. Failure to comply with subparagraph (ii) of paragraph two of this\nsubdivision shall render the owner liable for the penalty prescribed in\nthis section.\n  4. Where the lessor complies with the provisions of paragraph two of\nthis subdivision, the lessee of such vehicle on the date of such\nviolation shall be deemed to be the owner of such vehicle for purposes\nof this section, shall be subject to liability for such violation\npursuant to this section and shall be sent a notice of liability\npursuant to subdivision (g) of this section.\n  (k) 1. If the owner liable for a violation of section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight pursuant to this section was not the operator of the vehicle\nat the time of the violation, the owner may maintain an action for\nindemnification against the operator.\n  2. Notwithstanding any other provision of this section, no owner of a\nvehicle shall be subject to a monetary fine imposed pursuant to this\nsection if the operator of such vehicle was operating such vehicle\nwithout the consent of the owner at the time such operator operated such\nvehicle in violation of section three hundred eighty-five of this\narticle and the rules of the applicable covered agency or covered\nauthority in relation to gross vehicle weight and/or axle weight. For\npurposes of this subdivision there shall be a presumption that the\noperator of such vehicle was operating such vehicle with the consent of\nthe owner at the time such operator operated such vehicle in violation\nof section three hundred eighty-five of this article and the rules of\nthe applicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight.\n  (l) Nothing in this section shall be construed to limit the liability\nof an operator of a vehicle for any violation of section three hundred\neighty-five of this article and the rules of the applicable covered\nagency or covered authority in relation to gross vehicle weight and/or\naxle weight.\n  (m) If a covered agency or covered authority adopts a demonstration\nprogram pursuant to subdivision (a) of this section it shall conduct a\nstudy and submit a report on the results of the use of weigh in motion\nviolation monitoring systems to the governor, the temporary president of\nthe senate and the speaker of the assembly on or before June first, two\nthousand twenty-six and on the same date every two years thereafter in\nwhich the demonstration program is operable. Such covered agency or\ncovered authority shall also post such annual report on its website.\nSuch report shall include:\n  1. the locations where and dates when weigh in motion violation\nmonitoring systems were used;\n  2. the total number of trucks weighed and the total number of\nviolations recorded by weigh in motion violation monitoring systems in\naccordance with this section in the aggregate on a daily, weekly and\nmonthly basis;\n  3. the total number of violations recorded by weigh in motion\nviolation monitoring systems that were either ten percent or more above\nthe gross vehicle weight or twenty percent or more above the axle\nweight;\n  4. the total number of notices of liability issued for violations\nrecorded by such weigh in motion systems;\n  5. the number of fines and total amount of fines paid after the first\nnotice of liability issued for violations recorded by weigh in motion\nsystems;\n  6. the number of violations adjudicated and the results of such\nadjudications including breakdowns of dispositions made for violations\nrecorded by weigh in motion systems;\n  7. the total amount of revenue realized by the applicable covered\nagency or covered authority in connection with the program;\n  8. the expenses incurred by the applicable covered agency or covered\nauthority in connection with the program;\n  9. the quality of the adjudication process and its results; and\n  10. the total capital amount spent on repair, reconstruction, and/or\nmaintenance on each applicable covered location, including, for the city\nof New York, the total capital amount spent on repair or reconstruction\nof interstate route 278 in Kings county and the total capital amount\nspent on repair or reconstruction of interstate route 278 specifically\nfrom the vicinity of Atlantic avenue to the vicinity of Sands street in\nKings county.\n  (n) It shall be a defense to any prosecution for a violation of\nsection three hundred eighty-five of this article and the rules of the\napplicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight pursuant to this section that such\nweigh in motion violation monitoring system was malfunctioning at the\ntime of the alleged violation.\n  (o) It shall be a defense to any prosecution for a violation of\nsection three hundred eighty-five of this article and the rules of the\napplicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight pursuant to this section that:\n  1. the operator of the motor vehicle alleged to be in violation\noperated such vehicle in accordance with the terms and conditions of any\noverweight permit issued in accordance with this chapter and any rules\nand regulations promulgated thereto; or\n  2. the owner of the motor vehicle alleged to be in violation has\nreceived notices of liability for no less than two other violations of\nsection three hundred eighty-five of this article and the rules of the\napplicable covered agency or covered authority in relation to gross\nvehicle weight and/or axle weight pursuant to this section for the same\nmotor vehicle occurring within the same twenty-four hour period as such\nviolation, and has been found liable for such other violations and paid\nall applicable fines and penalties for such other violations.\n  * NB Repealed December 1, 2030\n
N.Y. ENV Law § 13-0328 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0328
Commercial licenses; limited entry
Status: in_force

§ 13-0328. Commercial licenses; limited entry.\n  1. Commercial food fish licenses. Commercial food fish licenses\nprovided for by section 13-0335 of this title shall be issued as\nfollows:\n  a. for the period beginning January first, two thousand eighteen\nthrough December thirty-first, two thousand twenty-six, the number of\nresident commercial food fish licenses and the number of non-resident\ncommercial food fish licenses shall not exceed the following annual\nlimits:\n  (i) for two thousand eighteen, the number of licenses shall be limited\nto the number of licenses issued in two thousand seventeen, plus fifty\npercent of any difference between the number of licenses issued in two\nthousand seventeen and nine hundred sixty-nine;\n  (ii) for two thousand nineteen, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (iii) for two thousand twenty, the number of licenses shall be limited\nto the number of licenses established in subparagraph (i) of this\nparagraph;\n  (iv) for two thousand twenty-one, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (v) for two thousand twenty-two, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (vi) for two thousand twenty-three, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (vii) for two thousand twenty-four, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (viii) for two thousand twenty-five, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph; and\n  (ix) for two thousand twenty-six, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph.\n  b. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, persons who were\nissued a commercial food fish license in the previous year shall be\neligible to be issued such license.\n  c. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, the department\nshall issue commercial food fish licenses to persons who were not issued\nsuch license in the previous year provided that the total number of such\nlicenses issued to such persons does not exceed the difference between\nthe number of licenses established in paragraph a of this subdivision\nand the number of such licenses issued pursuant to paragraph b of this\nsubdivision, subject to the following:\n  (i) licenses shall be issued in the order in which the applications\nwere received, except that where multiple applications are received by\nthe department on the same day, applicants for whom the department has\nreceived notice of successful completion of an apprenticeship pursuant\nto subdivision seven of this section shall be considered by the\ndepartment prior to other applicants;\n  (ii) licenses may be issued to individuals only;\n  (iii) licenses shall be issued to applicants who are sixteen years of\nage or older at the time of the application; and\n  (iv) licenses shall be issued only to persons who demonstrate in a\nmanner acceptable to the department that they received an average of at\nleast fifteen thousand dollars of income over three consecutive years\nfrom commercial fishing or fishing, or who successfully complete a\ncommercial food fish apprenticeship pursuant to subdivision seven of\nthis section. As used in this subparagraph, "commercial fishing" means\nthe taking and sale of marine resources including fish, shellfish,\ncrustacea or other marine biota and "fishing" means commercial fishing\nand carrying fishing passengers for hire. Individuals who wish to\nqualify based on income from "fishing" must hold a valid marine and\ncoastal district party and charter boat license. No more than ten\npercent of the licenses issued each year based on income eligibility\npursuant to this paragraph shall be issued to applicants who qualify\nbased solely upon income derived from operation of or employment by a\nparty or charter boat. For the income evaluation of this subdivision,\nthe department may consider persons who would otherwise be eligible but\nfor having served in the United States armed forces on active duty,\nprovided that such individual (1) has received an honorable or general\ndischarge, or (2) has a qualifying condition, as defined in section one\nof the veteran's services law, and has received a discharge other than\nbad conduct or dishonorable from such service, or (3) is a discharged\nLGBT veteran, as defined in section one of the veteran's services law,\nand has received a discharge other than bad conduct or dishonorable from\nsuch service, shall not be deemed ineligible.\n  2. Commercial lobster permits. Commercial lobster permits provided for\nby section 13-0329 of this title shall be issued as follows:\n  for the period beginning January first, two thousand twenty-three,\nthrough December thirty-first, two thousand twenty-six, only persons who\nwere issued a commercial lobster permit in the previous year shall be\neligible to be issued such permit.\n  3. Commercial crab permits. Commercial crab permits provided for by\nsection 13-0331 of this title shall be issued as follows:\n  a. for the period beginning January first, two thousand eighteen\nthrough December thirty-first, two thousand twenty-six, the number of\nresident commercial crab permits and the number of non-resident\ncommercial crab permits shall not exceed the following annual limits:\n  (i) for two thousand eighteen, the number of permits shall be limited\nto the number of permits issued in two thousand seventeen, plus fifty\npercent of any difference between the number of permits issued in two\nthousand seventeen and five hundred sixty-three;\n  (ii) for two thousand nineteen, the number of permits shall be limited\nto the number of permits established in subparagraph (i) of this\nparagraph;\n  (iii) for two thousand twenty, the number of permits shall be limited\nto the number of permits established in subparagraph (i) of this\nparagraph;\n  (iv) for two thousand twenty-one, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (v) for two thousand twenty-two, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (vi) for two thousand twenty-three, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (vii) for two thousand twenty-four, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (viii) for two thousand twenty-five, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph; and\n  (ix) for two thousand twenty-six, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph.\n  b. for the period beginning January first, two thousand twenty-one\nthrough December thirty-first, two thousand twenty-six, persons who were\nissued a commercial crab permit in the previous year shall be eligible\nto be issued such permit.\n  c. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, the department\nshall issue commercial crab permits to persons who were not issued such\npermit in the previous year provided that the total number of such\npermits issued to such persons does not exceed the difference between\nthe number of permits established in paragraph a of this subdivision and\nthe number of such permits issued pursuant to paragraph b of this\nsubdivision, subject to the following:\n  (i) permits shall be issued in the order in which the applications\nwere received, except that where multiple applications are received by\nthe department on the same day, applicants for whom the department has\nreceived notice of successful completion of an apprenticeship pursuant\nto subdivision seven of this section shall be considered by the\ndepartment prior to other applicants;\n  (ii) permits may be issued to individuals only;\n  (iii) permits shall be issued to applicants who are sixteen years of\nage or older at the time of the application; and\n  (iv) permits shall be issued only to persons who demonstrate in a\nmanner acceptable to the department that they received an average of at\nleast fifteen thousand dollars of income over three consecutive years\nfrom commercial fishing or fishing, or who successfully complete an\napprenticeship pursuant to subdivision seven of this section. As used in\nthis subparagraph, "commercial fishing" means the taking and sale of\nmarine resources including fish, shellfish, crustacea or other marine\nbiota and "fishing" means commercial fishing and carrying fishing\npassengers for hire. Individuals who wish to qualify based on income\nfrom "fishing" must hold a valid marine and coastal district party and\ncharter boat license. No more than ten percent of the permits issued\neach year based on income eligibility pursuant to this paragraph shall\nbe issued to applicants who qualify based upon income derived from\noperation of or employment by a party or charter boat.\n  4. Commercial whelk or conch licenses. Commercial whelk or conch\nlicenses provided for by section 13-0330 of this title shall be issued\nas follows:\n  a. for the period beginning January first, two thousand eighteen\nthrough December thirty-first, two thousand twenty-six, the number of\nresident commercial whelk or conch licenses and the number of\nnon-resident commercial whelk or conch licenses shall not exceed the\nfollowing annual limits:\n  (i) for two thousand eighteen, the number of licenses shall be limited\nto the number of licenses issued in two thousand seventeen plus fifty\npercent of any difference between the number of licenses issued in two\nthousand seventeen and two hundred fifty-two;\n  (ii) for two thousand nineteen, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (iii) for two thousand twenty, the number of licenses shall be limited\nto the number of licenses established in subparagraph (i) of this\nparagraph;\n  (iv) for two thousand twenty-one, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (v) for two thousand twenty-two, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (vi) for two thousand twenty-three, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (vii) for two thousand twenty-four, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph;\n  (viii) for two thousand twenty-five, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph; and\n  (ix) for two thousand twenty-six, the number of licenses shall be\nlimited to the number of licenses established in subparagraph (i) of\nthis paragraph.\n  b. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, persons who were\nissued a commercial whelk or conch license in the previous year shall be\neligible to be issued such license.\n  c. for the period beginning January first, two thousand twenty-three\nthrough December thirty-first, two thousand twenty-six, persons who were\nnot issued a commercial whelk or conch license in the previous year\nshall be eligible to be issued such license provided that the total\nnumber of such licenses issued to such persons shall not exceed the\ndifference between the number of licenses established in paragraph a of\nthis subdivision and the number of such licenses issued pursuant to\nparagraph b of this subdivision, subject to the following:\n  (i) licenses shall be issued in the order in which the applications\nwere received, except that where multiple applications are received by\nthe department on the same day, applicants for whom the department has\nreceived notice of successful completion of an apprenticeship pursuant\nto subdivision seven of this section shall be considered by the\ndepartment prior to other applicants;\n  (ii) licenses may be issued to individuals only;\n  (iii) licenses shall be issued to applicants who are sixteen years of\nage or older at the time of the application; and\n  (iv) licenses shall be issued only to persons who demonstrate in a\nmanner acceptable to the department that they received an average of at\nleast fifteen thousand dollars of income over three consecutive years\nfrom commercial fishing or fishing, or who successfully complete an\napprenticeship pursuant to subdivision seven of this section. As used in\nthis subparagraph, "commercial fishing" means the taking and sale of\nmarine resources including fish, shellfish, crustacea or other marine\nbiota and "fishing" means commercial fishing and carrying fishing\npassengers for hire. Individuals who wish to qualify based on income\nfrom "fishing" must hold a valid marine and coastal district party and\ncharter boat license. No more than ten percent of the licenses issued\neach year pursuant to this paragraph shall be issued to applicants who\nqualify based upon income derived from operation of or employment by a\nparty or charter boat.\n  5. Marine and coastal district party and charter boat licenses. Marine\nand coastal district party and charter boat licenses provided for by\nsection 13-0336 of this title shall be issued as follows, except that\nthis subdivision shall not apply to the owner or operator of a party\nboat or charter boat whose vessel is classified by the United States\nCoast Guard as an Inspected Passenger Vessel and which is licensed to\ncarry more than six passengers:\n  a. for the years two thousand twenty-three through two thousand\ntwenty-six, the annual number of marine and coastal district party and\ncharter boat licenses issued shall not exceed five hundred seventeen.\n  b. for the years two thousand twenty-three through two thousand\ntwenty-six, persons who were issued a marine and coastal district party\nand charter boat license in the previous year shall be eligible to be\nissued such license.\n  c. for the years two thousand twenty-three through two thousand\ntwenty-six, the department shall issue marine and coastal district party\nand charter boat licenses to persons who were not issued such license in\nthe previous year, provided that the total number of licenses issued\ndoes not exceed five hundred seventeen, subject to the following:\n  (i) licenses shall be issued in the order in which the applications\nwere received;\n  (ii) licenses shall be issued only to persons who hold an Uninspected\nPassenger Vessel license issued by the United States Coast Guard.\n  6. License or permit reissuance.\n  a. Notwithstanding the provisions of subdivisions one, two, three and\nfour of this section, the department may permit reissuance of a license\nor permit to a member of the immediate family of the prior holder of\nsuch license or permit; provided that the individual to whom the license\nor permit is being reissued is at least sixteen years of age. The\ndepartment may permit a license or permit holder to designate in writing\na member of his or her immediate family to whom the license or permit\nshall be reissued in the event that the license or permit holder dies\nprior to surrendering his or her license or permit to the department.\n  b. In the event that a designated immediate family member does not\nwish to engage in the commercial fishing activities authorized by such\nlicense or permit, the department may permit such person to identify an\nalternate person to whom the license or permit shall be reissued. The\ndepartment is authorized to adopt regulations concerning the reissuance\nof licenses or permits pursuant to this subdivision.\n  c. The holder of a reissued license or permit shall engage in the\nactivity authorized by the license or permit within three years of the\nreissuance date. If the license or permit holder fails to engage in such\nactivity during the three years following reissuance, the license or\npermit shall lapse at the end of the three year period and shall not be\nrenewed unless the department, in its discretion, determines that the\nlicense or permit holder's inactivity was justified by significant\nhardship or unavoidable circumstances.\n  d. For purposes of this section, "immediate family" shall include\nspouse, sibling, parent, child, grandparent, grandchild, and, in\naddition, all persons who are related by blood, marriage or adoption to\nthe permit holder and domiciled in the house of the license or permit\nholder.\n  7. Commercial license apprenticeship program. The department is\nauthorized to adopt regulations establishing an apprenticeship program\nfor persons who wish to obtain a commercial crab permit pursuant to\nsection 13-0331 of this title, a commercial food fish license pursuant\nto section 13-0335 of this title or a commercial whelk (conch) license\npursuant to section 13-0330 of this title. Upon successful completion of\nthe apprenticeship program, a person shall become eligible to receive a\ncommercial crab permit, commercial food fish license or a commercial\nwhelk (conch) license, as applicable, subject to the provisions of\nparagraph c of subdivision one, paragraph c of subdivision three, and\nparagraph c of subdivision four of this section, respectively.\n
N.Y. ELD Law § 247 — New York Code / Act ELD / Article 2 / Title 3 / Section 247
Cost-sharing responsibilities of eligible program participants for comprehensive coverage
Status: in_force

§ 247. Cost-sharing responsibilities of eligible program participants\nfor comprehensive coverage.\n  1. Registration fee. Eligible individuals meeting the registration fee\nrequirements of this section may purchase prescribed covered drugs for\nan amount specified by subdivision three of this section, subject to the\nlimits on point of sale co-payments specified by subdivision four of\nthis section.\n  2. Registration fee schedule. Eligible individuals electing to meet\nthe requirements of this subdivision shall pay a quarterly registration\nfee in a manner and form determined by the executive director; at the\noption of the participant, the registration fee may be paid annually in\na lump sum upon the beginning of the annual coverage period. No eligible\nindividual electing to meet the requirements of this subdivision shall\nhave his participation in the program lapse by virtue of non-payment of\nthe applicable registration fee unless the contractor has provided\nnotification of the amount and due date thereof, and more than thirty\ndays have elapsed since the due date of the individual's registration\nfee. The registration fee to be charged to eligible program participants\nfor comprehensive coverage under this option shall be in accordance with\nthe following schedule:\n  (a) Quarterly registration fees for unmarried individual program\nparticipants:\nindividual income of $5,000 or less                    $2.00\nindividual income of $5,001 to $6,000                  $2.00\nindividual income of $6,001 to $7,000                  $4.00\nindividual income of $7,001 to $8,000                  $5.50\nindividual income of $8,001 to $9,000                  $7.00\nindividual income of $9,001 to $10,000                 $9.00\nindividual income of $10,001 to $11,000                $10.00\nindividual income of $11,001 to $12,000                $11.50\nindividual income of $12,001 to $13,000                $13.50\nindividual income of $13,001 to $14,000                $15.00\nindividual income of $14,001 to $15,000                $20.00\nindividual income of $15,001 to $16,000                $27.50\nindividual income of $16,001 to $17,000                $35.00\nindividual income of $17,001 to $18,000                $42.50\nindividual income of $18,001 to $19,000                $50.00\nindividual income of $19,001 to $20,000                $57.50\n  (b)  Quarterly  registration  fees for each married individual program\nparticipant:\njoint income of $5,000 or less                         $2.00\njoint income of $5,001 to $6,000                       $2.00\njoint income of $6,001 to $7,000                       $3.00\njoint income of $7,001 to $8,000                       $4.00\njoint income of $8,001 to $9,000                       $5.00\njoint income of $9,001 to $10,000                      $6.00\njoint income of $10,001 to $11,000                     $7.00\njoint income of $11,001 to $12,000                     $8.00\njoint income of $12,001 to $13,000                     $9.00\njoint income of $13,001 to $14,000                     $10.00\njoint income of $14,001 to $15,000                     $10.00\njoint income of $15,001 to $16,000                     $21.00\njoint income of $16,001 to $17,000                     $26.50\njoint income of $17,001 to $18,000                     $31.50\njoint income of $18,001 to $19,000                     $37.50\njoint income of $19,001 to $20,000                     $43.00\njoint income of $20,001 to $21,000                     $48.50\njoint income of $21,001 to $22,000                     $54.00\njoint income of $22,001 to $23,000                     $59.50\njoint income of $23,001 to $24,000                     $65.00\njoint income of $24,001 to $25,000                     $68.75\njoint income of $25,001 to $26,000                     $75.00\n  (c) In the event that the state expenditures per participant meeting\nthe registration fee requirements of this subdivision, exclusive of\nexpenditures for program administration, in the program year commencing\nOctober first, nineteen hundred eighty-eight, and in each program year\nthereafter, exceed such expenditures in the previous program year by a\nminimum of ten percent, the annual registration fees set forth in this\nsubdivision may, unless otherwise provided by law, be increased,\npro-rata, for the subsequent program year, provided that such increase\nshall not exceed seven and one-half percent of the prior year\nregistration fees as may have been adjusted in accordance with this\nparagraph.\n  (d) In the event that the state expenditures per such participant,\nincurred pursuant to this subdivision, exclusive of expenditures for\nprogram administration, in the program year commencing October first,\nnineteen hundred eighty-eight, and in each program year thereafter, are\nless than such expenditures in the previous program year by a minimum of\nten percent, the annual registration fees set forth in this subdivision\nmay, unless otherwise provided by law, be decreased, pro-rata, for the\nsubsequent program year, provided that such decrease shall not exceed\nseven and one-half percent of the prior year registration fees as may\nhave been adjusted in accordance with this paragraph.\n  (e) The determination to adjust annual registration fees set forth in\nthis subdivision shall follow a review of such factors as the relative\nfinancial capacity of the state and such eligible program participants\nto support such adjustments and changes in the consumer price index. The\nfrequency of such adjustments shall not exceed once in any program year\nand such adjustments shall not become effective for individual program\nparticipants prior to the first day of the next annual coverage period\nfor each participant.\n  3. Point of sale co-payment. (a) Upon satisfaction of the registration\nfee pursuant to this section an eligible program participant must pay a\npoint of sale co-payment as set forth in paragraph (b) of this\nsubdivision at the time of each purchase of a covered drug prescribed\nfor such individual. Such co-payment shall not be waived or reduced in\nwhole or in part subject to the limits provided by subdivision four of\nthis section.\n  (b) The point of sale co-payment amounts which are to be charged\neligible program participants shall be in accordance with the following\nschedule:\nFor each prescription of covered drugs costing $15.00 or less.....$3.00\nFor each prescription of covered drugs costing $15.01 to $35.00...$7.00\nFor each prescription of covered drugs costing $35.01 to $55.00..$15.00\nFor each prescription of covered drugs costing $55.01 or more....$20.00\n  (c) For the purposes of the foregoing schedule of point of sale\nco-payments, "costing" shall mean the amount of reimbursement which\nshall be paid by the state to a participating provider pharmacy in\naccordance with section two hundred fifty of this title plus the point\nof sale co-payment, calculated as of the date of sale.\n  4. Limits on point of sale co-payments. During each annual coverage\nperiod no point of sale co-payment as set forth in subdivision three of\nthis section shall be required to be made for the remainder of such\nperiod by any eligible program participant who has already incurred\nco-payments in excess of the limits set forth in the following schedule:\n  (a) Limits on co-payments by unmarried individual eligible program\nparticipants:\nindividual income of $5,000 or less                 no more than $340\nindividual income of $5,001 to $6,000               no more than $408\nindividual income of $6,001 to $7,000               no more than $476\nindividual income of $7,001 to $8,000               no more than $544\nindividual income of $8,001 to $9,000               no more than $612\nindividual income of $9,001 to $10,000              no more than $700\nindividual income of $10,001 to $11,000             no more than $720\nindividual income of $11,001 to $12,000             no more than $827\nindividual income of $12,001 to $13,000             no more than $896\nindividual income of $13,001 to $14,000             no more than $964\nindividual income of $14,001 to $15,000             no more than $1,016\nindividual income of $15,001 to $16,000             no more than $1,034\nindividual income of $16,001 to $17,000             no more than $1,052\nindividual income of $17,001 to $18,000             no more than $1,070\nindividual income of $18,001 to $19,000             no more than $1,088\nindividual income of $19,001 to $20,000             no more than $1,160\n  (b) Limits on co-payments by each married individual eligible program\nparticipant:\njoint income of $5,000 or less                      no more than $291\njoint income of $5,001 to $6,000                    no more than $342\njoint income of $6,001 to $7,000                    no more than $399\njoint income of $7,001 to $8,000                    no more than $456\njoint income of $8,001 to $9,000                    no more than $513\njoint income of $9,001 to $10,000                   no more than $570\njoint income of $10,001 to $11,000                  no more than $622\njoint income of $11,001 to $12,000                  no more than $641\njoint income of $12,001 to $13,000                  no more than $660\njoint income of $13,001 to $14,000                  no more than $684\njoint income of $14,001 to $15,000                  no more than $710\njoint income of $15,001 to $16,000                  no more than $826\njoint income of $16,001 to $17,000                  no more than $877\njoint income of $17,001 to $18,000                  no more than $928\njoint income of $18,001 to $19,000                  no more than $980\njoint income of $19,001 to $20,000                  no more than $990\njoint income of $20,001 to $21,000                  no more than $1,008\njoint income of $21,001 to $22,000                  no more than $1,026\njoint income of $22,001 to $23,000                  no more than $1,044\njoint income of $23,001 to $24,000                  no more than $1,062\njoint income of $24,001 to $25,000                  no more than $1,080\njoint income of $25,001 to $26,000                  no more than $1,150\n  (c) Effective October first, nineteen hundred eighty-eight, the limits\non point of sale co-payments as set forth in this subdivision may be\nadjusted by the panel on the anniversary date of each program\nparticipant's annual coverage period, and such adjustment shall be in\neffect for the duration of that annual coverage period. Any such annual\nadjustment shall be made using a percentage adjustment factor which\nshall not exceed one-half of the difference between the year-to-year\npercentage increase in the consumer price index for all urban consumers,\nas published by the United States Department of Labor, and, if larger,\nthe year-to-year percentage increase in the aggregate average cost of\ncovered drugs purchased under this title, which year-to-year percentage\nincrease in such cost shall be determined by comparison of such cost in\nthe same month of each of the appropriate successive years; provided,\nhowever, that for any such adjustment based wholly on experience in the\nprogram year commencing October first, nineteen hundred eighty-seven,\nthe year-to-year percentage increase in such cost shall be determined by\ncomparison of such cost in each of two months no less than five months\napart and within such program year, which comparison shall be\nannualized. Such percentage adjustment factor shall be the same as that\nused to determine any similar annual adjustment for the same annual\ncoverage periods pursuant to the provisions of subdivision four of\nsection two hundred forty-eight of this title.\n  (d) Such annual adjustments shall be calculated by multiplying the\npercentage adjustment factor by (1) ten percent and applying the\nresulting percentage to the upper income limitation of each income level\nfor unmarried individuals contained in this subdivision, and by (2)\nseven and one-half percent and applying the resulting percentage to the\nupper income limitation of each income level for married individuals\ncontained in this subdivision; each result of such calculations, minus\nany applicable registration fee increases made pursuant to subdivision\ntwo of this section and plus the result of applying the percentage\nadjustment factor to the sum of any such annual adjustments applicable\nthereto for any prior annual coverage period, shall be the amount by\nwhich the limit on co-payments for each such income level may be\nadjusted, and such amount shall be in addition to any such amount or\namounts applicable to prior annual coverage periods.\n  (e) The determination to adjust the limits on point of sale\nco-payments set forth in this subdivision shall follow a review of such\nfactors as the relative financial capacity of the state and such\neligible program participants to support such adjustments.\n
N.Y. VAT Law § 359 — New York Code / Act VAT / Title 3 / Article 7 / Section 359
Definitions
Status: in_force

§ 359. Definitions. The following words and phrases when used in this\narticle shall, for the purpose of this article, have the following\nmeanings: (a) The singular shall include the plural; the masculine shall\ninclude the feminine and neuter, as requisite.\n  (b) Commissioner. The commissioner of motor vehicles of this state.\n  (c) Department. The department of motor vehicles of this state acting\ndirectly or through its duly authorized officers and agents.\n  (d) Person. Shall include individuals, firms, partnerships,\nassociations, corporations, receivers, referees, trustees, assignees for\nthe benefit of creditors; executors and administrators; and shall\ninclude the owner of any motor vehicle as requisite; but shall not\ninclude the state or any political subdivision thereof.\n  (g) Owner. A person who holds the legal title of a motor vehicle; or\nin the event a motor vehicle is subject to a security interest, or lease\nwith the right of purchase upon performance of conditions stated in the\nlease and with an immediate right of possession vested in the debtor or\nlessee, then such debtor or lessee shall be deemed the owner for the\npurpose of this act.\n  (h) Insured. The person in whose name there is issued a motor vehicle\nliability policy, as defined in this article, and any other person\ninsured under the terms of such policy.\n  (i) Judgment. Any judgment, except a judgment rendered against this\nstate or any political subdivision thereof or any municipality therein,\nwhich shall have become final by expiration without appeal of the time\nwithin which appeal might have been perfected, or by final affirmance on\nappeal, rendered by a court of competent jurisdiction of any state, any\nprovince of Canada, the Dominion of Canada, the District of Columbia, or\nthe United States.\n  (j) Non-resident. Every person who is not a resident of this state.\n  (k) Motor vehicle. As used in this article, the term "motor vehicle"\nshall be defined as in section one hundred twenty-five of this chapter,\nexcept that it shall also include trailers, semi-trailers and tractors\nother than tractors used exclusively for agricultural purposes, and\nshall exclude fire and police vehicles, self-propelled combines,\nself-propelled corn and hay harvesting machines, tractors used\nexclusively for agricultural purposes and self-propelled caterpillar or\ncrawler-type equipment while being operated on the contract site.\n
N.Y. PBH Law § 3510 — New York Code / Act PBH / Article 35 / Title 3 / Section 3510
Suspension or revocation
Status: in_force

§ 3510. Suspension or revocation. 1. The license, registration or\nintravenous contrast administration certificate of a radiologic\ntechnologist may be suspended for a fixed period, revoked or annulled,\nor such licensee censured, reprimanded, subject to a civil penalty not\nto exceed two thousand dollars for every such violation, or otherwise\ndisciplined, in accordance with the provisions and procedures defined in\nthis article, provided that no civil penalty shall be assessed for any\ncrime or misconduct that occurred outside the jurisdiction of New York\nstate upon decision after due hearing that the individual is guilty of\nthe following misconduct:\n  (a) any fraud or deceit in the practice or has been guilty of any\nfraud or deceit in procuring a license, registration or certificate;\n  (b) conviction in a court of competent jurisdiction, either within or\nwithout this state, of a crime involving moral character;\n  (c) being a habitual abuser of alcohol or being dependent on or a\nhabitual user of narcotics, barbiturates, amphetamines, hallucinogens or\nother drugs having similar effects. Exceptions may be made for a\nlicensee who is maintained on an approved therapeutic regimen which does\nnot impair the ability to practice;\n  (d) aiding and abetting in the practice of radiologic technology a\nperson who is not a registered radiologic technologist or who is\npracticing a form of radiologic technology which is beyond the scope of\nthe individual's license;\n  (e) engaging in any practice beyond the scope of the practice of\nradiologic technology or beyond the scope of the individual's license as\ndefined in this article;\n  (f) falsely impersonating a duly registered radiologic technologist or\nformer duly registered radiologic technologist, or is practicing\nradiologic technology under an assumed name;\n  (g) unethical conduct as defined by rules promulgated by the\ncommissioner;\n  (h) failure to obtain a certificate of registration as required by\nsection thirty-five hundred seven of this article;\n  (i) applying radiation to a human being when not under the necessary\nsupervision of a duly licensed practitioner as defined in this article,\nor to any person or part of the human body other than those specified in\nthe law under which such practitioner is licensed;\n  (j) expressing to a member of the public an interpretation of medical\ntest results;\n  (k) using the prefix "Dr.", the word "doctor" or any suffix or affix\nto indicate or imply that the licensee is a duly licensed practitioner\nas defined in this article when not so licensed;\n  (l) incompetence or negligence;\n  (m) being convicted of a crime which has a direct relationship to the\nemployment or licensure at issue or poses an unreasonable risk to public\nsafety pursuant to article twenty-three-a of the correction law and is a\nconviction under (i) New York state law; (ii) federal law; or (iii) the\nlaw of another jurisdiction which, if committed within this state, would\nhave constituted professional misconduct under New York state law;\n  (n) having been found guilty of improper professional practice or\nprofessional misconduct by a duly authorized professional disciplinary\nagency of another state where the conduct upon which the finding was\nbased, if committed in New York state, would constitute professional\nmisconduct under the laws of New York state;\n  (o) having been found guilty in an adjudicatory proceeding of\nviolating a state or federal statute or regulation, pursuant to a final\ndecision or determination, and when no appeal is pending, or after\nresolution of the proceeding by stipulation or agreement, and when the\nviolation would constitute professional misconduct under the laws of New\nYork state; or\n  (p) having his or her license to practice as a radiologic technologist\nrevoked, suspended or having other disciplinary action taken, or having\nhis or her application for a license refused, revoked or suspended or\nhaving voluntarily or otherwise surrendered his or her license after a\ndisciplinary action was instituted by a duly authorized professional\ndisciplinary agency of another state, where the conduct resulting in the\nrevocation, suspension or other disciplinary action involving the\nlicense or refusal, revocation or suspension of an application for a\nlicense or the surrender of the license would, if committed in New York\nstate, constitute professional misconduct under the laws of New York\nstate. A radiologic technologist licensed in New York state who is also\nlicensed or seeking licensure in another state must immediately report\nto the department any revocation, suspension or other disciplinary\naction involving the out-of-state license or refusal, revocation or\nsuspension of an application for an out-of-state license or the\nsurrender of the out-of-state license.\n  2. (a) No person convicted of a felony shall continue to hold a\nlicense to practice radiologic technology, unless he or she has been\ngranted an executive pardon, a certificate of relief from disabilities\nor a certificate of good conduct for such felony and, the commissioner,\nin his or her discretion, restores the license after determining that\nthe individual does not pose a threat to patient health and safety.\n  (b) A conviction of a felony shall include the conviction of a felony\nby any court in this state or by any court of the United States or by\nany court of any other state of the United States, and in the event that\na crime of which the practitioner of radiologic technology is convicted\nby any court of the United States or any other state is not a felony in\nthe jurisdiction in which the conviction is had but is substantially\nsimilar to a felony in the state of New York, then the conviction shall\nbe deemed a conviction of a felony for the purpose of this article.\n
N.Y. GMU Law § 785 — New York Code / Act GMU / Article 17-A / Title 3 / Section 785
Effective date of elector initiated dissolution plan; permissive referendum
Status: in_force

§ 785. Effective date of elector initiated dissolution plan;\npermissive referendum. 1. A local government entity dissolved pursuant\nto an elector initiated dissolution plan shall continue to be governed\nas before dissolution until the effective date of the dissolution\nspecified in the elector initiated dissolution plan, which date shall be\nno less than forty-five days after final approval of such plan pursuant\nto subdivision three of section seven hundred eighty-four or subdivision\nthree of section seven hundred eighty-six of this title.\n  2. Notwithstanding subdivision one of this section, the elector\ninitiated dissolution plan shall not take effect if, no later than\nforty-five days after final approval of such plan pursuant to\nsubdivision three of section seven hundred eighty-four or subdivision\nthree of section seven hundred eighty-six of this title, electors of the\nlocal government entity to be dissolved shall:\n  (a) file an original petition, containing not less than the number of\nsignatures provided for in subdivision three of this section, seeking a\nreferendum on the question whether the elector initiated dissolution\nplan shall take effect, with the clerk of the town in which the entity\nor the greater portion of its territory is located, except that if the\nentity is a village the original petition of electors from the village\nshall be filed with the clerk of the village; and\n  (b) thereafter less than a majority of the electors vote in the\naffirmative on such question at a referendum.\n  3. The petition shall be circulated, signed and authenticated in\nsubstantial compliance with the provisions of section seven hundred\nseventy-nine of this title, shall contain the signatures of at least\ntwenty-five percent of the number of electors or fifteen thousand\nelectors, whichever is less, in the local government entity to be\ndissolved, and shall be accompanied by a cover sheet containing the\nname, address and telephone number of an individual who signed the\npetition and who will serve as a contact person.\n  4. Within ten days of the filing of the petition seeking a referendum\non whether the elector initiated dissolution plan shall take effect, the\nclerk with whom the petition was filed shall make a final determination\nregarding the sufficiency of the number of signatures on the petition\nand provide timely written notice of such determination to the contact\nperson named in the cover sheet accompanying the petition. The contact\nperson or any individual who signed the petition may seek judicial\nreview of such determination in a proceeding pursuant to article\nseventy-eight of the civil practice law and rules. Upon the clerk's\ndetermination that the petition contains no less than the required\nnumber of signatures, the governing body of the local government entity\nto be dissolved shall within thirty days enact a resolution calling for\na referendum by the electors on the question whether the elector\ninitiated dissolution plan shall take effect and set a date for such\nreferendum in accordance with subdivision five of this section.\n  5. The referendum on the question whether the elector initiated\ndissolution plan shall take effect shall be submitted at a special\nelection to be held not less than sixty or more than ninety days after\nenactment of a resolution pursuant to subdivision four of this section,\nprovided, however, that in cases where a town or village general\nelection falls within such period, the referendum question may be\nconsidered during a town or village general election.\n  6. Notice of the referendum shall be given to the electors of the\nlocal government entity to be dissolved by publication in a newspaper\nhaving a general circulation within the boundaries of the entity at\nleast once a week for four consecutive weeks immediately prior to the\nreferendum. The notice shall include, but not be limited to:\n  (a) a summary of the contents of the resolution and elector initiated\ndissolution plan;\n  (b) a statement as to where may be examined a copy of the resolution\nand elector initiated dissolution plan;\n  (c) the time and place or places at which the referendum will be held,\nin accordance with subdivision five of this section; and\n  (d) such other matters as may be necessary to call, provide for and\ngive notice of the referendum and to provide for the conduct thereof and\nthe canvass of the returns thereupon.\n  7. In a referendum held pursuant to this section, the referendum\nquestion shall be placed before the electors of the local government\nentity to be dissolved in a form reading substantially as follows:\n  "The voters of the (insert type and name of local government entity to\nbe dissolved) having previously voted to dissolve, shall the elector\ninitiated dissolution plan take effect?\n  YES ____\n  NO ____"\n  8. The elector initiated dissolution plan shall not take effect unless\na majority of the electors voting in the local government entity to\nwhich the petition applies votes in favor of dissolution. If such a\nmajority vote does not result, the referendum shall fail and dissolution\nshall not take effect.\n
N.Y. RPT Law § 1124 — New York Code / Act RPT / Article 11 / Title 3 / Section 1124
Public notice of foreclosure
Status: in_force

§ 1124. Public notice of foreclosure. 1. Upon the filing of a petition\nof foreclosure in the office of the county clerk, the enforcing officer\nforthwith shall cause a notice of foreclosure to be published in each of\nthree non-consecutive weeks in a two month period in at least two\nnewspapers designated by him or her.\n  2. (a) Each newspaper designated for this purpose shall have general\ncirculation in the tax district. An official newspaper of the tax\ndistrict shall be deemed to satisfy the requirements of this provision.\n  (b) In New York and Bronx counties the newspapers to be designated for\nthe publication of such notice or any other public notice required\npursuant to this article shall be the daily law journal designated by\nthe justices of the appellate division of the first judicial department\nand another newspaper designated by such justices pursuant to the\nprovisions of subdivisions one and two of section ninety-one of the\njudiciary law.\n  3. Such notice shall be in substantially the following form:\n  ................. Court,................. County.\n  IN THE MATTER OF THE FORE-\n  CLOSURE  OF  TAX  LIENS BY\n  PROCEEDING IN REM PURSUANT\n  TO  ARTICLE  ELEVEN OF THE\n  REAL PROPERTY TAX LAW\n  BY........... (insert name\n  of tax district).\n                          NOTICE OF FORECLOSURE\nPLEASE  TAKE  NOTICE  that  on  the.........   day of..................,\nthe...............  (insert title of  enforcing  officer),  hereinafter,\nthe   "Enforcing   Officer",  of..............    (insert  name  of  tax\ndistrict), hereinafter, the "Tax District", pursuant to law  filed  with\nthe  clerk  of..........    county,  a  petition  of foreclosure against\nvarious parcels  of  real  property  for  unpaid  taxes.  Such  petition\npertains  to the following parcels: (insert the description and the name\nof the owner or owners of record of each parcel as of the  date  of  the\nfiling of the list of delinquent taxes).\n  Effect of filing: All persons having or claiming to have an interest\nin the real property described in such petition are hereby notified that\nthe filing of such petition constitutes the commencement by the Tax\nDistrict of a proceeding in the court specified in the caption above to\nforeclose each of the tax liens therein described by a foreclosure\nproceeding in rem.\n  Nature of proceeding: Such proceeding is brought against the real\nproperty only and is to foreclose the tax liens described in such\npetition. No personal judgment will be entered herein for such taxes or\nother legal charges or any part thereof.\n  Persons affected: This notice is directed to all persons owning or\nhaving or claiming to have an interest in the real property described in\nsuch petition. Such persons are hereby notified further that a duplicate\nof such petition has been filed in the office of the Enforcing Officer\nof the Tax District and will remain open for public inspection up to and\nincluding the date specified below as the last day for redemption.\n  Right of redemption: Any person having or claiming to have an interest\nin any such real property and the legal right thereto may on or before\nsaid date redeem the same by paying the amount of all such unpaid tax\nliens thereon, including all interest and penalties and other legal\ncharges which are included in the lien against such real property,\ncomputed to and including the date of redemption. Such payments shall be\nmade to ......... (here insert the name, title and address of the\nofficial to whom such payments are to be made). In the event that such\ntaxes are paid by a person other than the record owner of such real\nproperty, the person so paying shall be entitled to have the tax liens\naffected thereby satisfied of record.\n  Last day for redemption: The last day for redemption is hereby fixed\nas the ......... day of .......... (here insert a date at least six\nmonths after the date of the first publication of this notice).\n  Service of answer: Every person having any right, title or interest in\nor lien upon any parcel of real property described in such petition may\nserve a duly verified answer upon the attorney for the Tax District\nsetting forth in detail the nature and amount of his or her interest and\nany defense or objection to the foreclosure. Such answer must be filed\nin the office of the county clerk and served upon the attorney for the\nTax District on or before the date above mentioned as the last day for\nredemption.\n  Failure to redeem or answer: In the event of failure to redeem or\nanswer by any person having the right to redeem or answer, such person\nshall be forever barred and foreclosed of all his or her right, title\nand interest and equity of redemption in and to the parcel described in\nsuch petition and a judgment in foreclosure may be taken by default.\n      Enforcing Officer:\n      ..................\n      ..................\n      (Name and title of\n      enforcing officer)\n Attorney for Tax District:\n............................\n............................\n............................\n............................\n(Name,  title  and  address of attorney for tax district, if the same is\nnot the enforcing officer)\n  4. The enforcing officer shall on or before the date of the first\npublication of the notice above set forth cause a copy of such notice to\nbe posted once in his or her office and shall cause a copy of such\nnotice to be posted in the county court house in the place provided for\nthe posting of public notices.\n  5. Nothing contained herein shall be construed to preclude the\nenforcing officer from providing for additional public notice of\nforeclosure by other means, including broadcast on the local access\nchannel of a cable television company having a franchise within the tax\ndistrict.\n  6. If the substance of such notice has been incorporated into the\npetition of foreclosure, the requirements of this section shall be\nsatisfied if the petition of foreclosure is published and posted in the\nmanner prescribed by this section.\n
N.Y. VAT Law § 398-E — New York Code / Act VAT / Title 3 / Article 12-A / Section 398-E
Suspension, revocation or refusal to issue registration; civil penalty; restitution; surrender of certificate of registration
Status: in_force

§ 398-e. Suspension, revocation or refusal to issue registration;\ncivil penalty; restitution; surrender of certificate of registration. 1.\nSuspension, revocation or refusal to issue registration or license. The\ncommissioner, or any person deputized by him, may deny the application\nof any person for a certificate of registration or estimator's license\nand may suspend or revoke the registration of any motor vehicle repair\nshop or any estimator's license issued pursuant to this article or\nrefuse to issue a renewal thereof if he determines that such applicant,\nregistrant or licensee:\n  (a) has made a material false statement or concealed a material fact\nin connection with his application;\n  (b) was the former holder of a certificate of registration issued\nhereunder which was revoked or suspended by the commissioner;\n  (c) was, or that any officer, director, partner or stockholder holding\nmore than ten percent of the outstanding stock was an officer, director,\npartner or stockholder holding more than ten percent of the outstanding\nstock in a corporation or partnership, as the case may be, which was the\nformer holder of a certificate of registration issued hereunder which\nwas revoked or suspended by the commissioner;\n  (d) has failed to furnish satisfactory evidence of good character,\nreputation and fitness;\n  (e) does not have a place of business as required by this article;\n  (f) is not the true owner of the repair shop, except in the case of a\nfranchise;\n  (g) has been guilty of fraud or fraudulent or deceptive practices;\n  (h) has been grossly negligent on two or more occasions within a\nperiod of two years in the performance of any repair or adjustment\ncovered by this article, or has grossly overcharged on two or more\noccasions within a period of two years for such repair or adjustment;\n  (i) has wilfully failed to comply with any of the provisions of this\narticle or the rules and regulations of the commissioner promulgated\nhereunder;\n  (j) has knowingly issued a false or misleading estimate;\n  (k) has engaged in a course of conduct which unreasonably impedes or\ndelays a consumer's right to a fair recovery pursuant to the provisions\nof an automobile insurance policy, the insurance law or regulations\nissued by the superintendent of financial services governing the\nevaluation and adjustments of claims; or\n  (l) has wilfully violated paragraph (b) of subdivision thirty-one,\nsubdivision thirty-one-a or subdivision thirty-one-b of section three\nhundred seventy-five of this chapter.\n  For the purposes of paragraphs (g), (h), (i), (j) and (k) of this\nsubdivision, it shall be presumed that the actions of any employee of a\nmotor vehicle repair shop shall be attributable to, and deemed to be the\nactions of, such motor vehicle repair shop.\n  2. Civil penalty; suspension for failure to pay. (a) The commissioner,\nor any person deputized by him, may, by order, require a registrant or\nan unregistered repair shop to pay to the people of this state a penalty\nas hereinafter provided. Such penalty may be imposed in addition to or\nin lieu of revoking or suspending the certificate of registration of a\nregistrant in accordance with the provisions of this article, or such a\npenalty may be imposed upon a finding that a registrant or an\nunregistered repair shop: (i) has been grossly negligent in the\nperformance of any repair or adjustment covered by this article; or (ii)\nhas grossly overcharged for such repair or adjustment.\n  (b) Such penalty for a first violation shall be in a sum not exceeding\nseven hundred fifty dollars for each violation found to have been\ncommitted, and for a second or subsequent violation not arising out of\nthe same incident both of which were committed within a period of thirty\nmonths, be in a sum of not more than one thousand dollars for each\nviolation found to have been committed; provided, however, the penalty\nfor each and any violation of paragraph (g) of subdivision one of this\nsection found to have been committed shall be no less than three hundred\nand fifty dollars and no more than one thousand dollars, except that if\na finding of financial loss has been made pursuant to subdivision three\nof this section, the amount of such penalty may be increased by the\namount of financial loss so found.\n  (c) Upon the failure of a registrant or an unregistered repair shop to\npay such penalty, or, where the order so permits, to make restitution as\nprovided in subdivision three of this section, within thirty days after\nthe mailing of such order, postage prepaid, registered or certified, and\naddressed to the last known place of business of such registrant or\nunregistered repair shop, unless such order is stayed as provided in\nsubdivision three of section three hundred ninety-eight-f of this\nchapter, the commissioner may revoke the certificate of registration of\nsuch registrant or may suspend the same for such period as he may\ndetermine or may seek to recover unpaid civil penalties in a civil\naction in the name of the commissioner. Civil penalties assessed under\nthis subdivision shall be paid to the commissioner for deposit into the\nstate treasury.\n  (d) In addition, as an alternative to such civil action and provided\nthat no proceeding for judicial review shall then be pending and the\ntime for initiation of such proceeding shall have expired, the\ncommissioner may file with the county clerk of the county in which the\nregistrant is located a final order of the commissioner containing the\namount of the penalty assessed. The filing of such final order shall\nhave the full force and effect of a judgment duly docketed in the office\nof such clerk and may be enforced in the same manner and with the same\neffect as that provided by law in respect to executions issued against\nproperty upon judgments of a court of record.\n  3. Restitution; assessment. (a) Upon a determination that a registrant\nor an unregistered repair shop has done or failed to do any act for\nwhich suspension of the registrant's registration or a civil penalty\nagainst the registrant or unregistered repair shop could be imposed, the\nperson making such determination may make a finding of financial loss to\nany complainant or complainants resulting from the actions of the\nregistrant or unregistered repair shop. The person making such finding\nmay provide that if the registrant or unregistered repair shop makes\nrestitution to the complainant or complainants for the amount or amounts\nso found, that payment of such restitution may be substituted in lieu of\nany suspension or civil penalty, or a specified portion thereof imposed\nupon the registrant or unregistered repair shop. However, a finding of\nfinancial loss shall only be made if the complainant (i) agrees to\naccept the amount so found, if offered by the registrant or unregistered\nrepair shop, and (ii) is not a party to any litigation which is pending\nor which has gone to judgment in relation to the same matter in any\ncivil court.\n  (b) The amount of financial loss which may be found and proposed as\nrestitution shall be limited to an amount necessary to repair the\nvehicle or vehicles in question and/or any amount of overcharge which\nmay be found. Neither punitive nor incidental damages may be included in\nthe finding of financial loss.\n  (c) If payment of restitution to the complainant is authorized in lieu\nof all or a portion of a suspension or civil penalty, in order for the\nregistrant or unregistered repair shop to exercise the option to make\nsuch payment, such payment must be made by means of a certified check or\nmoney order payable to the complainant or complainants delivered to an\noffice of the department as directed by the commissioner or his agent\nwithin thirty days of the date of notice of suspension and/or civil\npenalty. Upon receipt of such certified check or money order, the\ndepartment shall forward the same to the complainant or complainants. In\nthe event that the registrant or unregistered repair shop should fail to\nmake payment for restitution within such thirty days, but, at a later\ntime, pays such civil penalty, the department shall deduct from such\ncivil penalty payment the amount assessed for restitution, and shall\nmail a check for such amount to the complainant or complainants.\n  (d) If payment of restitution may be substituted in lieu of a civil\npenalty or portion of a civil penalty, and the registrant or\nunregistered repair shop does not exercise the option to make such\npayment, the civil penalty becomes due as provided in subdivision two of\nthis section and the provisions of that subdivision relating to\nsuspension of registration and recovery of civil penalties shall apply.\n  (e) Any payment made in compliance with such a finding of financial\nloss shall not preclude any civil action which may be brought by the\ncomplainant, registrant or unregistered repair shop, and any such\nfinding may be considered but shall not be binding upon any court before\nwhich any such action is brought.\n  4. Surrender of certificate of registration. Upon the suspension or\nrevocation of a certificate of registration by the commissioner and the\nissuance of notice thereof, the registrant shall immediately deliver the\ncertificate of registration to the commissioner or to any peace officer,\nacting pursuant to his special duties, or police officer directed by the\ncommissioner to secure possession thereof, or agent of the commissioner,\ndisplaying authorization to act in such capacity along with a certified\ncopy of the order revoking or suspending such registration, and the\nfailure to so deliver the certificate within thirty days shall\nconstitute a traffic infraction and shall be punishable in the manner\nprovided in section eighteen hundred of this chapter.\n
N.Y. PBA Law § 159 — New York Code / Act PBA / Article 2 / Title 3 / Section 159
State not liable on bonds
Status: in_force

* § 159. State not liable on bonds. The bonds and other obligations of\nthe authority shall not be a debt of the state and the state shall not\nbe liable thereon nor shall they be payable out of any funds other than\nthose of the authority.\n  * NB (Authority abolished June 30, 1978)\n
N.Y. RSS Law § 316 — New York Code / Act RSS / Article 8 / Title 3 / Section 316
Annual appropriation by state
Status: in_force

§ 316. Annual appropriation by state. a. Upon the basis of each annual\nactuarial valuation and appraisal provided for in this article, the\ncomptroller, on or before the fifteenth day of October of each year,\nshall prepare and file with the director of the budget an itemized\nestimate of the amounts necessary to be appropriated by the state to the\npension accumulation fund and the New York state public employees group\nlife insurance plan, as appropriate. Such itemized estimate may be\nrevised on or before December thirtieth of each such year. Such amounts\nshall be sufficient to provide for payment in full for (i) the\nsucceeding fiscal year of all estimated obligations of the state to the\npolice and fire retirement system; and (ii) any actual obligations of\nthe state to such retirement system, remaining unpaid, plus interest on\nsuch amount, for the fiscal year ending on the March thirty-first\npreceding such date; provided, however, that such estimate of actual\nobligations shall be made commencing with the filings due on October\nfifteenth, nineteen hundred eighty-seven and thereafter. If, as a result\nof the estimate required to be made pursuant to clause (i) of the\npreceding sentence, the state overpaid its actual obligation to the\nretirement system in any year, the amount estimated in the filing\nrequired by this subdivision next succeeding such overpayment shall\nreflect the amount of such overpayment, plus interest on such amount, as\na reduction in amounts that would otherwise be estimated to be due the\nretirement system from the state. An item of appropriation which shall\nbe sufficient to provide for such obligations shall be included in the\nnext annual appropriation bill when it is presented to the legislature\nfor passage. The amounts so appropriated or so much thereof as may be\nrequired shall be paid from the state treasury on warrant of the\ncomptroller into the pension accumulation fund and the New York state\npublic employees group life insurance plan, as appropriate, on March\nfirst of each state fiscal year. For the purposes of this section,\ninterest shall mean the rate or rates of interest used in the actuarial\nvaluations covering the period of time over which such interest is\ncomputed.\n  b. On or before the fifteenth day of October of each year the\ncomptroller shall file with the director of the budget an itemized\nestimate of the expenses of the police and fire retirement system for\nthe ensuing year. The director of the budget may revise and amend such\nestimate. After such revision and amendment, if any, such director shall\napprove the same for inclusion in the executive budget. No monies shall\nbe paid out of the pension accumulation fund for such expenses unless\nexpenditures therefor shall have been authorized by law.\n  c. Whenever the compensation of any member of the police and fire\nretirement system is paid from a special or administrative fund provided\nfor by law, all contributions to the police and fire retirement system\nincluding a proportionate share of the administrative expense thereof,\nwhich otherwise would be chargeable to the general fund of the state,\nshall, with the approval of the director of the budget, be paid from\nsuch special or administrative fund.\n