[ ] is old law to be omitted.
LBD12573-04-3
A. 3008--C 2
(Part K); to authorize the New York state energy research and develop-
ment authority to finance a portion of its research, development and
demonstration and policy and planning programs from assessments on gas
and electric corporations (Part L); to authorize the department of
health to finance certain activities with revenues generated from an
assessment on cable television companies (Part M); to amend the public
service law, in relation to extending the temporary state energy and
utility conservation assessment; and to amend section 6 of part NN of
chapter 59 of the laws of 2009 amending the public service law relat-
ing to financing the operations of the department of public service,
the public service commission, department support and energy manage-
ment services provided by other state agencies, increasing the utility
assessment cap and the minimum threshold for collection thereunder,
and establishing a temporary state energy and utility service conser-
vation assessment and providing for the collection thereof, in
relation to extending the effectiveness thereof (Part N); to amend the
public service law and the general business law, in relation to
strengthening the oversight and enforcement mechanisms of the public
service commission; and to repeal certain provisions of the public
service law relating thereto (Part O); to amend chapter 21 of the laws
of 2003, amending the executive law relating to permitting the secre-
tary of state to provide special handling for all documents filed or
issued by the division of corporations and to permit additional levels
of such expedited service, in relation to extending the expiration
date thereof (Part P); intentionally omitted (Part Q); to amend the
environmental conservation law, in relation to the issuance of hunting
and fishing licenses; and to amend part AA of chapter 60 of the laws
of 2011, amending the environmental conservation law relating to salt-
water recreational fishing registrations, in relation to making the
provisions of such part permanent (Part R); to amend the agriculture
and markets law and the public authorities law, in relation to alter-
nate generated power sources at retail gasoline outlets (Part S); to
amend the New York state urban development corporation act, in
relation to creating an advanced manufacturing career opportunity
revolving loan fund (Part T); to amend the economic development law
and the alcoholic beverage control law, in relation to establishing
the "Taste-NY" program (Part U); to amend the New York state urban
development corporation act, in relation to funds deposited to the
small business revolving loan fund (Part V); to amend the state
finance law, in relation to notification of projects to be funded
pursuant to the New York works program (Part W); to require a health
impact assessment for horizontal gas drilling and high-volume hydrau-
lic fracturing in New York (Part X); in relation to freight locomo-
tives owned by the metropolitan transportation authority (Part Y); and
to amend the vehicle and traffic law, in relation to establishing in
each city with a population of one million or more a demonstration
program to enforce maximum speed limits by means of speed limit photo
devices; to amend the public officers law, in relation to access to
certain agency records; and providing for the repeal of such
provisions upon expiration thereof (Part Z)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
A. 3008--C 3
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through Z. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. The sum of four hundred seventeen million seven hundred
ninety-seven thousand dollars ($417,797,000), or so much thereof as
shall be necessary, and in addition to amounts previously appropriated
by law, is hereby made available, in accordance with subdivision 1 of
section 380 of the public authorities law as amended, according to the
following schedule. Payments pursuant to subdivision (a) of this section
shall be made available as moneys become available for such payments.
Payments pursuant to subdivisions (b) and (c) of this section shall be
made available on the fifteenth day of June, September, December and
March or as soon thereafter as moneys become available for such
payments. No moneys of the state in the state treasury or any of its
funds shall be available for payments pursuant to this section:
SCHEDULE
(a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
to municipalities for repayment of eligible costs of federal aid munici-
pal street and highway projects pursuant to section 15 of chapter 329 of
the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991, as amended. The department of transportation shall provide such
information to the municipalities as may be necessary to maintain the
federal tax exempt status of any bonds, notes, or other obligations
issued by such municipalities to provide for the non-federal share of
the cost of projects pursuant to chapter 330 of the laws of 1991 or
section 80-b of the highway law.
The program authorized pursuant to section 15 of chapter 329 of the
laws of 1991, as added by section 9 of chapter 330 of the laws of 1991,
as amended, shall additionally make payments for reimbursement according
to the following schedule:
State Fiscal Year Amount
2013-14 $39,700,000
(b) Three hundred nineteen million three hundred thousand dollars
($319,300,000) to counties, cities, towns and villages for reimbursement
of eligible costs of local highway and bridge projects pursuant to
sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
section 9 of chapter 330 of the laws of 1991, as amended. For the
purposes of computing allocations to municipalities, the amount distrib-
uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
deemed to be $135,119,000. The amount distributed pursuant to section
16-a of chapter 329 of the laws of 1991 shall be deemed to be
$184,181,000. Notwithstanding the provisions of any general or special
law, the amounts deemed distributed in accordance with section 16 of
chapter 329 of the laws of 1991 shall be adjusted so that such amounts
will not be less than 84.449 percent of the "funding level" as defined
A. 3008--C 4
in subdivision 5 of section 10-c of the highway law for each such muni-
cipality. In order to achieve the objectives of section 16 of chapter
329 of the laws of 1991, to the extent necessary, the amounts in excess
of 84.449 percent of the funding level to be deemed distributed to each
municipality under this subdivision shall be reduced in equal propor-
tion.
(c) Fifty-eight million seven hundred ninety-seven thousand dollars
($58,797,000) to municipalities for reimbursement of eligible costs of
local highway and bridge projects pursuant to sections 16 and 16-a of
chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
the laws of 1991, as amended. For the purposes of computing allocations
to municipalities, the amount distributed pursuant to section 16 of
chapter 329 of the laws of 1991 shall be deemed to be $24,881,000. The
amount distributed pursuant to section 16-a of chapter 329 of the laws
of 1991 shall be deemed to be $33,916,000. Notwithstanding the
provisions of any general or special law, the amounts deemed distributed
in accordance with section 16 of chapter 329 of the laws of 1991 shall
be adjusted so that such amounts will not be less than 15.551 percent of
the "funding level" as defined in subdivision 5 of section 10-c of the
highway law for each such municipality. In order to achieve the objec-
tives of section 16 of chapter 329 of the laws of 1991, to the extent
necessary, the amounts in excess of 15.551 percent of the funding level
to be deemed distributed to each municipality under this subdivision
shall be reduced in equal proportion. To the extent that the total of
remaining payment allocations calculated herein varies from $58,797,000,
the payment amounts to each locality shall be adjusted by a uniform
percentage so that the total payments equal $58,797,000.
The program authorized pursuant to sections 16 and 16-a of chapter 329
of the laws of 1991, as added by section 9 of chapter 330 of the laws of
1991, as amended, shall additionally make payments for reimbursement
according to the following schedule:
State Fiscal Year Amount
2013-14 $378,097,000
S 2. This act shall take effect immediately.
PART B
Section 1. Subdivision 3 of section 205 of the tax law, as added by
section 8 of part U1 of chapter 62 of the laws of 2003, is amended to
read as follows:
3. [From the] THE moneys collected from the taxes imposed by sections
one hundred eighty-three and one hundred eighty-four of this article on
and after April first, two thousand [four] THIRTEEN, after reserving
amounts for refunds or reimbursements, SHALL BE DISTRIBUTED AS FOLLOWS:
twenty percent of such moneys shall be deposited to the credit of the
dedicated highway and bridge trust fund established by section eighty-
nine-b of the state finance law[. The remainder], FIFTY-FOUR PERCENT OF
SUCH MONEYS shall be deposited in the mass transportation operating
assistance fund to the credit of the metropolitan mass transportation
operating assistance account created pursuant to section eighty-eight-a
of the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL BE
DEPOSITED IN THE MASS TRANSPORTATION OPERATING ASSISTANCE FUND TO THE
CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
S 2. This act shall take effect on the same date and in the same
manner as the expiration and repeal of subdivision 3 of section 205 of
A. 3008--C 5
the tax law per section 2 of part P of chapter 59 of the laws of 2012,
as amended; and shall expire and be deemed repealed April 1, 2014;
provided, however, that the amendments to subdivision 3 of section 205
of the tax law made by section one of this act shall not affect the
repeal of such subdivision.
PART C
Section 1. Paragraph (a) of subdivision 4 of section 510-a of the
vehicle and traffic law, as amended by section 14 of part E of chapter
60 of the laws of 2005, is amended to read as follows:
(a) A serious traffic violation shall mean operating a commercial
motor vehicle IN VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE LAWS
OR ORDINANCES OF ANY OTHER STATE OR LOCALITY OUTSIDE OF THIS STATE THAT
RESTRICTS OR PROHIBITS THE USE OF A HAND-HELD MOBILE TELEPHONE OR A
PORTABLE ELECTRONIC DEVICE WHILE DRIVING OR in violation of any
provision of this chapter or the laws of any other state, the District
of Columbia or any Canadian province which (i) limits the speed of motor
vehicles, provided the violation involved fifteen or more miles per hour
over the established speed limit; (ii) is defined as reckless driving by
state or local law or regulation; (iii) prohibits improper or erratic
lane change; (iv) prohibits following too closely; (v) relates to motor
vehicle traffic (other than parking, standing or stopping) and which
arises in connection with a fatal accident; (vi) operating a commercial
motor vehicle without first obtaining a commercial driver's license as
required by section five hundred one of this title; (vii) operating a
commercial motor vehicle without a commercial driver's license in the
driver's possession; or (viii) operating a commercial motor vehicle
without the proper class of commercial driver's license and/or endorse-
ment for the specific vehicle being operated or for the passengers or
type of cargo being transported.
S 2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
(c) "Using" shall mean (I) holding a mobile telephone to, or in the
immediate proximity of, the user's ear; AND (II) WITH RESPECT TO A
PERSON DRIVING A COMMERCIAL MOTOR VEHICLE, HOLDING A MOBILE TELEPHONE
TO, OR IN THE IMMEDIATE PROXIMITY OF, THE USER'S EAR, OR DIALING OR
ANSWERING A MOBILE TELEPHONE BY PRESSING MORE THAN A SINGLE BUTTON, OR
REACHING FOR A MOBILE TELEPHONE IN A MANNER THAT REQUIRES SUCH PERSON TO
MANEUVER SO THAT HE OR SHE IS NO LONGER IN A SEATED DRIVING POSITION,
RESTRAINED BY A SEAT BELT WHICH IS INSTALLED IN ACCORDANCE WITH PART
393.93 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AND ADJUSTED IN
ACCORDANCE WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
(e) "Hands-free mobile telephone" shall mean a mobile telephone that
has an internal feature or function, or that is equipped with an attach-
ment or addition, whether or not permanently part of such mobile tele-
phone, by which a user engages in a call without the use of either hand,
whether or not the use of either hand is necessary to activate, deacti-
vate or initiate a function of such telephone. PROVIDED, HOWEVER, THAT
FOR PURPOSES OF THIS SECTION, A MOBILE TELEPHONE USED BY A PERSON DRIV-
ING A COMMERCIAL MOTOR VEHICLE SHALL NOT BE DEEMED A "HANDS-FREE MOBILE
TELEPHONE" WHEN SUCH PERSON DIALS OR ANSWERS SUCH MOBILE TELEPHONE BY
PRESSING MORE THAN A SINGLE BUTTON.
A. 3008--C 6
S 3. Subdivision 1 of section 1225-c of the vehicle and traffic law is
amended by adding three new paragraphs (h), (i) and (j) to read as
follows:
(H) "COMMERCIAL MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED BY SUBDIVISION FOUR-A OF SECTION TWO OF THE TRANSPORTA-
TION LAW.
(I) "DRIVE" AND "DRIVING" SHALL MEAN OPERATING A COMMERCIAL MOTOR
VEHICLE ON A PUBLIC HIGHWAY WHETHER OR NOT SUCH VEHICLE IS IN MOTION.
SUCH TERMS SHALL NOT INCLUDE OPERATING A COMMERCIAL MOTOR VEHICLE WHICH
IS STOPPED AT THE SIDE OF, OR OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE
SUCH VEHICLE IS NOT OTHERWISE PROHIBITED FROM STOPPING BY LAW, RULE,
REGULATION, OR ANY LAWFUL ORDER OR DIRECTION OF A POLICE OFFICER.
(J) "MOTOR CARRIER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO OF THE TRANSPORTATION
LAW.
S 4. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of the
vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
amended to read as follows:
(a) Except as otherwise provided in this section, no person shall
operate a motor vehicle upon a public highway while using a mobile tele-
phone to engage in a call while such vehicle is in motion, PROVIDED,
HOWEVER, THAT NO PERSON SHALL DRIVE A COMMERCIAL MOTOR VEHICLE WHILE
USING A MOBILE TELEPHONE TO ENGAGE IN A CALL.
(b) An operator of a motor vehicle who holds a mobile telephone to, or
in the immediate proximity of his or her ear while such vehicle is in
motion OR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE is presumed to be
engaging in a call within the meaning of this section. The presumption
established by this subdivision is rebuttable by evidence tending to
show that the operator was not engaged in a call.
S 5. Subdivision 2 of section 1225-c of the vehicle and traffic law is
amended by adding a new paragraph (d) to read as follows:
(D) NO MOTOR CARRIER SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE A
HAND-HELD MOBILE TELEPHONE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
S 6. Subdivision 1 of section 1225-d of the vehicle and traffic law,
as added by chapter 403 of the laws of 2009, is amended to read as
follows:
1. Except as otherwise provided in this section, no person shall oper-
ate a motor vehicle while using any portable electronic device while
such vehicle is in motion, PROVIDED, HOWEVER, THAT NO PERSON SHALL DRIVE
A COMMERCIAL MOTOR VEHICLE WHILE USING ANY PORTABLE ELECTRONIC DEVICE.
S 7. Section 1225-d of the vehicle and traffic law is amended by
adding a new subdivision 1-a to read as follows:
1-A. NO MOTOR CARRIER SHALL ALLOW OR REQUIRE ITS DRIVERS TO USE A
PORTABLE ELECTRONIC DEVICE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE.
S 8. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of the
vehicle and traffic law, as added by chapter 403 of the laws of 2009,
are amended to read as follows:
(a) "Portable electronic device" shall mean any hand-held mobile tele-
phone, as defined by subdivision one of section twelve hundred twenty-
five-c of this article, personal digital assistant (PDA), handheld
device with mobile data access, laptop computer, pager, broadband
personal communication device, two-way messaging device, electronic
game, or portable computing device, OR ANY OTHER ELECTRONIC DEVICE WHEN
USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR PRESENT OR FUTURE
COMMUNICATION.
A. 3008--C 7
(b) "Using" shall mean holding a portable electronic device while
viewing, taking or transmitting images, playing games, or, FOR THE
PURPOSE OF PRESENT OR FUTURE COMMUNICATION: PERFORMING A COMMAND OR
REQUEST TO ACCESS A WORLD WIDE WEB PAGE, composing, sending, reading,
viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
text messages, INSTANT MESSAGES, or other electronic data.
S 9. Subdivision 2 of section 1225-d of the vehicle and traffic law is
amended by adding three new paragraphs (c), (d) and (e) to read as
follows:
(C) "COMMERCIAL MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED BY SUBDIVISION FOUR-A OF SECTION TWO OF THE TRANSPORTA-
TION LAW.
(D) "DRIVE" AND "DRIVING" SHALL MEAN OPERATING A COMMERCIAL MOTOR
VEHICLE ON A PUBLIC HIGHWAY WITH THE MOTOR RUNNING. SUCH TERM SHALL NOT
INCLUDE OPERATING A COMMERCIAL MOTOR VEHICLE, WITH OR WITHOUT THE MOTOR
RUNNING, WHICH IS STOPPED AT THE SIDE OF, OR OFF, A PUBLIC HIGHWAY IN A
LOCATION WHERE SUCH VEHICLE IS NOT OTHERWISE PROHIBITED FROM STOPPING BY
LAW, RULE, REGULATION, OR ANY LAWFUL ORDER OR DIRECTION OF A POLICE
OFFICER.
(E) "MOTOR CARRIER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS
DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO OF THE TRANSPORTATION
LAW.
S 10. Subdivision 4 of section 1225-d of the vehicle and traffic law,
as amended by chapter 109 of the laws of 2011, is amended to read as
follows:
4. A person who holds a portable electronic device in a conspicuous
manner while operating a motor vehicle OR DRIVING A COMMERCIAL MOTOR
VEHICLE is presumed to be using such device. The presumption established
by this subdivision is rebuttable by evidence tending to show that the
operator was not using the device within the meaning of this section.
S 11. This act shall take effect October 28, 2013 and shall apply to
violations committed on or after such date.
PART D
Section 1. Subdivision 1 of section 200 of the vehicle and traffic
law, as amended by chapter 60 of the laws of 1993, is amended to read as
follows:
1. There shall be in the state government a department of motor vehi-
cles. The head of the department shall be the commissioner of motor
vehicles who shall be appointed by the governor, by and with the advice
and consent of the senate, and hold office until the end of the term of
the appointing governor and until a successor is appointed and has qual-
ified, and who shall receive an annual salary within the amount appro-
priated therefor. The commissioner of motor vehicles shall have the
immediate charge of the department. The commissioner of motor vehicles
may appoint, and at pleasure remove, such deputy commissioners of motor
vehicles, inspectors, examiners and other assistants and employees of
the department as are deemed necessary, within the amounts available
therefor by appropriation. The commissioner of motor vehicles and all
other officers and employees of the department shall be paid and allowed
their necessary, actual and reasonable expenses incurred in the exercise
of their duties. All salaries and expenses of the department shall be
paid out of the state treasury on the audit and warrant of the comp-
troller on the certificate of the commissioner of motor vehicles. The
principal office of the department shall be in the city of Albany.
A. 3008--C 8
NOTWITHSTANDING THE PROVISIONS OF SECTION SIXTY-TWO OF THE PUBLIC OFFI-
CERS LAW, THE COMMISSIONER OF MOTOR VEHICLES MAY DESIGNATE CERTAIN
BRANCH OFFICES OF THE DEPARTMENT TO BE OPEN TO SERVE THE PUBLIC AND
TRANSACT BUSINESS ON SATURDAYS. SUCH DESIGNATION BY THE COMMISSIONER OF
MOTOR VEHICLES SHALL NOT WAIVE OR IMPAIR THE TERMS OF AN EXISTING AGREE-
MENT NEGOTIATED BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION NOR LIMIT
ANY OBLIGATION TO BARGAIN TERMS AND CONDITIONS OF EMPLOYMENT PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed two years after such date.
PART E
Section 1. Section 357-a of public authorities law is REPEALED and a
new section 357-a is added to read as follows:
S 357-A. STATE POLICE AND STATE PAYMENT FOR SERVICES. 1. ENFORCEMENT
ASSISTANCE SHALL BE PROVIDED BY THE DIVISION OF STATE POLICE AT A LEVEL
CONSISTENT WITH HISTORICAL PRECEDENTS, AS A MATTER OF STATE INTEREST, ON
ALL SECTIONS OF THE THRUWAY. THE AUTHORITY SHALL PROVIDE GOODS AND
SERVICES TO THE DIVISION OF STATE POLICE IN CONNECTION WITH ITS ENFORCE-
MENT ACTIVITY ON THE THRUWAY. THE DIVISION OF STATE POLICE AND THE
AUTHORITY SHALL ENTER INTO AN AGREEMENT IDENTIFYING THOSE GOODS AND
SERVICES THAT THE AUTHORITY WILL PROVIDE TO THE DIVISION OF STATE POLICE
AND DETERMINE REPORTING AND OTHER REQUIREMENTS RELATED THERETO. ANY
COSTS BORNE BY THE STATE POLICE OUTSIDE OF SUCH AGREEMENT SHALL NOT BE
REIMBURSED BY THE AUTHORITY NOR SHALL THEY BE DEEMED COSTS OF THE
AUTHORITY.
2. THE STATE SHALL BE RESPONSIBLE FOR ADDITIONAL GOODS AND SERVICES
PROVIDED BY THE AUTHORITY EQUAL TO TWENTY-FOUR MILLION DOLLARS IN EACH
CALENDAR YEAR. SUCH GOODS AND SERVICES SHALL BE DEEMED TO BE COSTS TO
THE STATE AND NOT OPERATING COSTS OF THE AUTHORITY. THE AUTHORITY AND
THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL ENTER INTO AN AGREEMENT
IDENTIFYING ANY SUCH STATE COSTS AND DETERMINE REPORTING AND OTHER
REQUIREMENTS RELATED THERETO.
3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE AUTHORITY SHALL NOT
CONSTITUTE A PUBLIC BENEFIT CORPORATION WITHIN THE MEANING OF SECTION
TWENTY-NINE HUNDRED SEVENTY-FIVE OF THIS CHAPTER AND SHALL NOT BE
ASSESSED AN ANNUAL COST RECOVERY CHARGE UNDER SAID SECTION.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2013.
PART F
Section 1. Subdivision 1 of section 27-1003 of the environmental
conservation law, as amended by section 2 of part SS of chapter 59 of
the laws of 2009, is amended to read as follows:
1. "Beverage" means [carbonated soft drinks, water, beer, other malt
beverages and a wine product as defined in subdivision thirty-six-a of
section three of the alcoholic beverage control law. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or infusion or
decoction of barley, malt, hops, or other wholesome grain or cereal and
water including, but not limited to ale, stout or malt liquor. "Water"
means any beverage identified through the use of letters, words or
symbols on its product label as a type of water, including any flavored
water or nutritionally enhanced water, provided, however, that "water"
does not include any beverage identified as a type of water to which a
A. 3008--C 9
sugar has been added.] ALL CARBONATED AND NON-CARBONATED DRINKS IN
LIQUID FORM AND INTENDED FOR INTERNAL HUMAN CONSUMPTION. THE TERM
"BEVERAGE" SHALL NOT INCLUDE:
A. MILK AND DAIRY DERIVED PRODUCTS. "MILK" MEANS WHOLE MILK, SKIM
MILK, LOW-FAT MILK, CREAM, CULTURED MILK, YOGURT OR ANY COMBINATION OF
THOSE PRODUCTS. THE TERM "DAIRY DERIVED PRODUCTS" INCLUDES ANY PRODUCT
OF WHICH THE SINGLE LARGEST INGREDIENT IS MILK, MILK FAT, CULTURED MILK
OR YOGURT;
B. RICE MILK OR SOY MILK;
C. INFANT FORMULA;
D. ALCOHOLIC BEVERAGES OTHER THAN BEER, OTHER MALT BEVERAGES AND WINE
PRODUCTS AS DEFINED IN SUBDIVISION THIRTY-SIX-A OF SECTION THREE OF THE
ALCOHOLIC BEVERAGE CONTROL LAW. "MALT BEVERAGES" MEANS ANY BEVERAGE
OBTAINED BY THE ALCOHOLIC FERMENTATION OR INFUSION OR DECOCTION OF
BARLEY, MALT, HOPS, OR OTHER WHOLESOME GRAIN OR CEREAL AND WATER INCLUD-
ING, BUT NOT LIMITED TO ALE, STOUT OR MALT LIQUOR;
E. A LIQUID THAT IS A SYRUP, IN A CONCENTRATED FORM, OR TYPICALLY
ADDED AS A MINOR FLAVORING INGREDIENT IN FOOD OR DRINK, SUCH AS
EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
F. A LIQUID THAT IS INGESTED IN VERY SMALL QUANTITIES AND THAT IS
CONSUMED FOR MEDICINAL PURPOSES ONLY;
G. A LIQUID THAT IS DESIGNED AND CONSUMED ONLY AS A NUTRITIONAL
SUPPLEMENT AND NOT AS A BEVERAGE;
H. PRODUCTS FROZEN AT THE TIME OF SALE;
I. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
J. INSTANT DRINK POWDERS;
K. SEAFOOD, MEAT OR VEGETABLE BROTHS, OR SOUPS; AND
L. FRUIT DRINKS WHICH CONTAIN MORE THAN SEVENTY PERCENT OF NATURAL
FRUIT JUICE.
S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
tion law, as added by section 3 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
2-a. "Bottler" means a person, firm or corporation who:
a. bottles, cans or otherwise packages beverages in beverage contain-
ers except that if such packaging is for [a distributor] ANY OTHER
PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
package the same brand of beverage, then such [distributor] OTHER
PERSON, FIRM OR CORPORATION shall be the bottler; or
b. imports filled beverage containers into the United States.
S 3. Subdivision 8 of section 27-1007 of the environmental conserva-
tion law, as added by section 4 of part SS of chapter 59 of the laws of
2009, is amended to read as follows:
8. It shall be the responsibility of the deposit initiator or distrib-
utor to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, handling and pickup of empty beverage containers that are not
redeemed through a reverse vending machine. SUCH SUPPLIES MAY BE MARKED
IN A MANNER INTENDED TO IDENTIFY THE DEALER OR REDEMPTION CENTER SPECIF-
ICALLY. The bags, cartons, or containers must be provided by the deposit
initiator or distributor on a schedule that allows the dealer or redemp-
tion center sufficient time to sort the empty beverage containers prior
to pick up by the deposit initiator or distributor. In addition:
(a) When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer or redemption center to load
their own bags, cartons or containers onto or into the deposit initi-
A. 3008--C 10
ator's or distributor's vehicle or vehicles or provide the staff or
equipment needed to do so.
(b) A deposit initiator or distributor shall not require empty
containers to be counted at a location other than the redemption center
or dealer's place of business. The dealer or redemption center shall
have the right to be present at the count.
(c) A deposit initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times and
intervals as determined in rules or regulations promulgated by the
department.
S 4. Section 27-1009 of the environmental conservation law, as amended
by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1009. Refusal of acceptance.
1. A dealer or operator of a redemption center may refuse to accept
from a redeemer, and a deposit initiator or distributor may refuse to
accept from a dealer or operator of a redemption center any empty bever-
age container which does not state thereon a refund value as established
by section 27-1005 and provided by section 27-1011 of this title.
2. A dealer or operator of a redemption center may also refuse to
accept any broken bottle, corroded or dismembered can, or any beverage
container which contains a significant amount of foreign material, as
determined in rules and regulations to be promulgated by the commission-
er. NOTWITHSTANDING THE FOREGOING, CONTAINERS PROCESSED THROUGH REVERSE
VENDING MACHINES SHALL BE ACCEPTED BY A DISTRIBUTOR OR DEPOSIT INITI-
ATOR.
S 5. Subdivision 1 of section 27-1011 of the environmental conserva-
tion law, as amended by chapter 149 of the laws of 1983, is amended to
read as follows:
1. a. Every beverage container sold or offered for sale in this state
[by a distributor or dealer] shall clearly indicate by permanently mark-
ing or embossing the container or by printing as part of the product
label the refund value of the container and the words "New York" or the
letters "NY"[; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label beverag-
es shall be defined as beverages purchased from a beverage manufacturer
in beverage containers bearing a brand name or trademark for sale at
retail directly by the owner or licensee of such brand name or trade-
mark; or through retail dealers affiliated with such owner or licensee
by a cooperative or franchise agreement].
b. Such embossing or permanent imprinting on the beverage container
shall be the responsibility of the person, firm or corporation which
bottles, cans or otherwise fills or packages a beverage container or a
brand owner for whose exclusive account private label beverages are
bottled, canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or corporation may indicate
such refund value by a label securely affixed on any beverage container
containing beverages imported into the United States. PRIVATE LABEL
BEVERAGES SHALL BE DEFINED AS BEVERAGES PURCHASED FROM A BOTTLER IN
BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
DIRECTLY BY THE OWNER OR LICENSEE OF SUCH BRAND NAME OR TRADEMARK; OR
THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
ERATIVE OR FRANCHISE AGREEMENT.
S 6. Subdivision 5, paragraph b of subdivision 9 and subdivision 12 of
section 27-1012 of the environmental conservation law, as added by
A. 3008--C 11
section 8 of part SS of chapter 59 of the laws of 2009, are amended to
read as follows:
5. All monies collected or received by the department of taxation and
finance pursuant to this title shall be deposited to the credit of the
comptroller with such responsible banks, banking houses or trust compa-
nies as may be designated by the comptroller. Such deposits shall be
kept separate and apart from all other moneys in the possession of the
comptroller. The comptroller shall require adequate security from all
such depositories. Of the total revenue collected, the comptroller shall
retain the amount determined by the commissioner of taxation and finance
to be necessary for refunds out of which the comptroller must pay any
refunds to which a deposit initiator may be entitled. After reserving
the amount to pay refunds, the comptroller must, by the tenth day of
each month, pay into the state treasury to the credit of the general
fund the revenue deposited under this subdivision during the preceding
calendar month and remaining to the comptroller's credit on the last day
of that preceding month[.]; PROVIDED, HOWEVER, THAT, BEGINNING APRIL
FIRST, TWO THOUSAND THIRTEEN, AND ALL FISCAL YEARS THEREAFTER, FIFTEEN
MILLION DOLLARS PLUS ALL FUNDS RECEIVED FROM THE PAYMENTS DUE EACH
FISCAL YEAR PURSUANT TO SUBDIVISION FOUR OF THIS SECTION IN EXCESS OF
THE AMOUNT RECEIVED FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO THE CREDIT OF
THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINE-
TY-TWO-S OF THE STATE FINANCE LAW.
b. Any deposit initiator who fails to FILE REPORTS, MAKE QUARTERLY
PAYMENTS OR maintain accounts or records pursuant to this section,
unless it is shown that such failure was due to reasonable cause and not
due to negligence or willful neglect, in addition to any other penalty
imposed by this title, shall be subject to a penalty to be assessed by
the commissioner of taxation and finance of not more than one thousand
dollars for each quarter during which such failure occurred, and an
additional penalty of not more than one thousand dollars for each quar-
ter such failure continues.
12. Beginning on June first, two thousand nine each deposit initiator
shall register the container label of any beverage offered for sale in
the state on which it initiates a deposit. [Any such registered contain-
er label shall bear a universal product code. Such universal product
code shall be New York state specific, in order to identify the beverage
container as offered for sale exclusively in New York state, and as a
means of preventing illegal redemption of beverage containers purchased
out-of-state.] Registration must be on forms as prescribed by the
department and must include the universal product code for each combina-
tion of beverage and container manufactured. IN ADDITION, SUCH FORM
SHALL ALSO INCLUDE THE PRODUCT NAME, TYPE OF BEVERAGE, SIZE AND COMPOSI-
TION OF THE BEVERAGE CONTAINER AND ANY OTHER INFORMATION THE DEPARTMENT
MAY REQUIRE. The commissioner may require that such forms be filed elec-
tronically. The deposit initiator shall renew a label registration when-
ever that label is revised by altering the universal product code or
whenever the container on which it appears is changed in size, composi-
tion or glass color.
A BOTTLER MAY PLACE ON A BEVERAGE CONTAINER A UNIVERSAL PRODUCT CODE
OR OTHER DISTINCTIVE MARKING THAT IS SPECIFIC TO THE STATE OR USED ONLY
IN THE STATE AND ANY OTHER STATES WITH LAWS SUBSTANTIALLY SIMILAR TO
THIS TITLE AS A MEANS OF PREVENTING THE SALE OR REDEMPTION OF BEVERAGE
CONTAINERS FOR WHICH NO DEPOSIT WAS INITIATED AND AS A MEANS OF PREVENT-
A. 3008--C 12
ING THE REDEMPTION OF BEVERAGE CONTAINERS ON WHICH A DEPOSIT WAS NOT
PAID.
S 7. Section 27-1013 of the environmental conservation law, as amended
by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
read as follows:
S 27-1013. Redemption centers.
The commissioner is hereby empowered to promulgate rules and regu-
lations governing (1) the circumstances in which DEPOSIT INITIATORS,
dealers and distributors, individually or collectively, are required to
accept the return of empty beverage containers, INCLUDING BEVERAGE
CONTAINERS PROCESSED THROUGH REVERSE VENDING MACHINES and make payment
therefor; (2) the sorting of the containers which a deposit initiator or
distributor may require of dealers and redemption centers; (3) the
collection of returned beverage containers by deposit initiators or
distributors, including the party to whom such expense is to be charged,
the frequency of such pick ups and the payment for refunds and handling
fees thereon; (4) the right of dealers to restrict or limit the number
of containers redeemed, the rules for redemption at the dealers' place
of business, and the redemption of containers from a beverage for which
sales have been discontinued[, and]; (5) to issue permits to persons,
firms or corporations which establish redemption centers[, subject to
applicable provisions of local and state laws,] at which redeemers and
dealers may return empty beverage containers and receive payment of the
refund value of such beverage containers. SUCH PERMITS SHALL BE ISSUED
AT NO COST. ANY REDEMPTION CENTER ESTABLISHED PURSUANT TO REGULATIONS IN
EFFECT ON OR PRIOR TO MARCH FIRST, TWO THOUSAND THIRTEEN SHALL BE DEEMED
TO HAVE A PERMIT. THE DEPARTMENT MAY, AFTER DUE NOTICE AND OPPORTUNITY
OF HEARING, PURSUANT TO THE PROVISIONS OF SECTION 71-1709 OF THIS CHAP-
TER, DENY AN APPLICATION OR REVOKE A PERMIT. IN DETERMINING WHETHER OR
NOT TO REVOKE A PERMIT THE COMMISSIONER SHALL AT A MINIMUM, TAKE INTO
CONSIDERATION THE COMPLIANCE HISTORY OF A VIOLATOR, GOOD FAITH EFFORTS
OF A VIOLATOR TO COMPLY, ANY ECONOMIC BENEFIT FROM NONCOMPLIANCE AND
WHETHER THE VIOLATION WAS PROCEDURAL IN NATURE. THE COMMISSIONER'S
DETERMINATION TO REFUSE OR REVOKE PERMITS SHALL BE FINAL UNLESS THE
AGGRIEVED PARTY INSTITUTES A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES; AND (6) THE OPERATION OF MOBILE
REDEMPTION CENTERS IN ORDER TO ENSURE THAT TO THE BEST EXTENT PRACTICA-
BLE CONTAINERS ARE NOT PROFFERED FOR REDEMPTION TO A DEPOSIT INITIATOR
OR DISTRIBUTOR OUTSIDE OF THE GEOGRAPHIC AREA WHERE SUCH DEPOSIT INITI-
ATOR SELLS CONTAINERS AND INITIATES DEPOSITS. No dealer or distributor,
as defined in section 27-1003 of this title, shall be required to obtain
a permit to operate a redemption center at the same location as the
dealer's or distributor's place of business. Operators of such redemp-
tion centers shall receive payment of the refund value of each beverage
container from the appropriate deposit initiator or distributor as
provided under section 27-1007 of this title.
S 8. Section 27-1015 of the environmental conservation law, as
amended by section 11 of part SS of chapter 59 of the laws of 2009, is
amended to read as follows:
S 27-1015. Violations.
1. A violation of this title, except as otherwise provided in this
section and section 27-1012 of this title, shall be a public nuisance.
In addition, except as otherwise provided in this section and section
27-1012 of this title, any person who shall violate any provision of
this title shall be liable to the state of New York for a civil penalty
of not more than five hundred dollars, and an additional civil penalty
A. 3008--C 13
of not more than five hundred dollars for each day during which each
such violation continues. Any civil penalty may be assessed following a
hearing or opportunity to be heard PURSUANT TO THE PROVISIONS OF SECTION
71-1709 OF THIS CHAPTER.
2. Any distributor [or], deposit initiator, REDEMPTION CENTER OR DEAL-
ER who violates any provision of this title, except as provided in
section 27-1012 of this title, shall be liable to the state of New York
for a civil penalty of not more than one thousand dollars, and an addi-
tional civil penalty of not more than one thousand dollars for each day
during which each such violation continues. Any civil penalty may be
assessed following a hearing or opportunity to be heard PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS CHAPTER.
3. It shall be unlawful for a distributor or deposit initiator, acting
alone or aided by another, to return any empty beverage container to a
dealer or redemption center for its refund value if the distributor or
deposit initiator had previously accepted such beverage container from
any dealer or operator of a redemption center OR IF SUCH CONTAINER WAS
PREVIOUSLY ACCEPTED BY A REVERSE VENDING MACHINE. A violation of this
subdivision shall be a misdemeanor punishable by a fine of not less than
five hundred dollars nor more than one thousand dollars and an amount
equal to two times the amount of money received as a result of such
violation.
4. Any person who willfully tenders to a dealer, distributor, redemp-
tion center or deposit initiator more than forty-eight empty beverage
containers for which such person knows or should reasonably know that no
deposit was paid in New York state may be assessed by the department a
civil penalty of up to one hundred dollars for each container or up to
twenty-five thousand dollars for each such tender of containers. At each
location where a person tenders containers for redemption, dealers and
redemption centers must conspicuously display a sign in letters that are
at least one inch in height with the following information: "WARNING:
Persons tendering for redemption containers on which a deposit was never
paid in this state may be subject to a civil penalty of up to one
hundred dollars per container or up to twenty-five thousand dollars for
each such tender of containers." Any civil penalty may be assessed
following a hearing or opportunity to be heard.
5. The department, the department of agriculture and markets, the
department of taxation and finance and the attorney general are hereby
authorized to enforce the provisions of this title. In addition, the
provisions of section 27-1005 of this title and subdivisions one, two,
three, four, five, ten and eleven of section 27-1007 of this title may
be enforced by a county, city, town or village and the local legislative
body thereof may adopt local laws, ordinances or regulations consistent
with this title providing for the enforcement of such provisions.
6. NO PERSON SHALL INTENTIONALLY PROGRAM, TAMPER WITH, RENDER INACCU-
RATE OR CIRCUMVENT THE PROPER OPERATION OF A REVERSE VENDING MACHINE TO
WRONGFULLY ELICIT DEPOSIT MONIES WHEN NO VALID, REDEEMABLE BEVERAGE
CONTAINER HAS BEEN PLACED IN THE REVERSE VENDING MACHINE.
S 9. Subdivision 5 of section 27-1015 of the environmental conserva-
tion law, as amended by section 11 of part SS of chapter 59 of the laws
of 2009, is amended to read as follows:
5. The department, the department of agriculture and markets, the
department of taxation and finance and the attorney general are hereby
authorized to enforce the provisions of this title AND ALL MONIES
COLLECTED SHALL BE DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE
A. 3008--C 14
STATE FINANCE LAW. In addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five, ten and eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village, and the local legislative body thereof may adopt local laws,
ordinances or regulations consistent with this title providing for the
enforcement of such provisions.
S 10. Section 27-1017 of the environmental conservation law is
REPEALED.
S 11. Subdivision 3 of section 92-s of the state finance law, as
amended by section 2 of part T of chapter 59 of the laws of 2009, is
amended to read as follows:
3. Such fund shall consist of the amount of revenue collected within
the state from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one of the tax law, the
amount of fees and penalties received from easements or leases pursuant
to subdivision fourteen of section seventy-five of the public lands law
and the money received as annual service charges pursuant to section
four hundred four-l of the vehicle and traffic law, all moneys required
to be deposited therein from the contingency reserve fund pursuant to
section two hundred ninety-four of chapter fifty-seven of the laws of
nineteen hundred ninety-three, all moneys required to be deposited
pursuant to section thirteen of chapter six hundred ten of the laws of
nineteen hundred ninety-three, repayments of loans made pursuant to
section 54-0511 of the environmental conservation law, all moneys to be
deposited from the Northville settlement pursuant to section one hundred
twenty-four of chapter three hundred nine of the laws of nineteen
hundred ninety-six, provided however, that such moneys shall only be
used for the cost of the purchase of private lands in the core area of
the central Suffolk pine barrens pursuant to a consent order with the
Northville industries signed on October thirteenth, nineteen hundred
ninety-four and the related resource restoration and replacement plan,
the amount of penalties required to be deposited therein by section
71-2724 of the environmental conservation law, all moneys required to be
deposited pursuant to article thirty-three of the environmental conser-
vation law, all fees collected pursuant to subdivision eight of section
70-0117 of the environmental conservation law, [as added by a chapter of
the laws of two thousand nine,] all moneys collected pursuant to title
thirty-three of article fifteen of the environmental conservation law,
[as added by a chapter of the laws of two thousand nine] BEGINNING WITH
THE FISCAL YEAR COMMENCING ON APRIL FIRST, TWO THOUSAND THIRTEEN, AND
ALL FISCAL YEARS THEREAFTER, FIFTEEN MILLION DOLLARS PLUS ALL FUNDS
RECEIVED BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT RECEIVED
FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND THIRTEEN, FROM THE PAYMENTS COLLECTED PURSUANT TO SUBDIVISION
FOUR OF SECTION 27-1012 PLUS ALL FUNDS COLLECTED PURSUANT TO SUBDIVISION
FIVE OF SECTION 27-1015 OF THE ENVIRONMENTAL CONSERVATION LAW, and all
other moneys credited or transferred thereto from any other fund or
source pursuant to law. All such revenue shall be initially deposited
into the environmental protection fund, for application as provided in
subdivision five of this section.
S 12. Section 27-1019 of the environmental conservation law is renum-
bered section 27-1025 and two new sections 27-1021 and 27-1022 are added
to read as follows:
S 27-1021. RESTRICTIONS ON FRAUDULENT REDEMPTION.
A PERSON TENDERING FOR REDEMPTION MORE THAN TWO THOUSAND FIVE HUNDRED
CONTAINERS AT ONE TIME TO A DEALER OR REDEMPTION CENTER SHALL PROVIDE TO
A. 3008--C 15
THE DEALER OR REDEMPTION CENTER THAT PERSON'S NAME AND ADDRESS AND THE
LICENSE PLATE OF THE VEHICLE USED TO TRANSPORT THE CONTAINERS, OR, IN
THE CASE OF AN AGENT OR EMPLOYEE OF A NOT-FOR-PROFIT CORPORATION, A
SALES TAX EXEMPTION CERTIFICATE. THE DEALER OR REDEMPTION CENTER REDEEM-
ING THE BEVERAGE CONTAINERS SHALL FORWARD THAT INFORMATION TO THE
DEPARTMENT WITHIN THIRTY DAYS AND THE INFORMATION MUST BE KEPT ON FILE
FOR A MINIMUM OF TWELVE MONTHS.
S 27-1022. REPORTING.
THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF TAXATION AND
FINANCE SHALL PREPARE AN ANNUAL REPORT TO INCLUDE THE FOLLOWING INFORMA-
TION: THE NUMBER AND TYPE OF VIOLATIONS ISSUED, THE PROGRESS OF
ANTI-FRAUD EFFORTS AND ACTIVITIES; BEVERAGE CONTAINER DEPOSIT AND
REDEMPTION STATISTICS, INCLUDING YEARLY DEPOSITS INITIATED AND REDEEMED
BY BEVERAGE TYPE, CONSOLIDATED REDEMPTION RATE BY REGION; REDEMPTION
RATE BY REGION AND BEVERAGE TYPE; BEVERAGE CONTAINERS BY TYPE AND CUMU-
LATIVE STATISTICS.
S 13. This act shall take effect immediately and sections two through
twelve of this act shall be deemed to have been in full force and effect
on and after April 1, 2013; provided, however that section one of this
act shall take effect October 1, 2013.
PART G
Section 1. Subdivisions 1 and 2 of section 27-1905 of the environ-
mental conservation law, as amended by section 1 of part DD of chapter
59 of the laws of 2010, are amended to read as follows:
1. Until December thirty-first, two thousand [thirteen] SEVENTEEN,
accept from a customer, waste tires of approximately the same size and
in a quantity equal to the number of new tires purchased or installed by
the customer; and
2. Until December thirty-first, two thousand [thirteen] SEVENTEEN,
post written notice in a prominent location, which must be at least
eight and one-half inches by fourteen inches in size and contain the
following language:
"New York State law requires us to accept and manage waste tires from
vehicles in exchange for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate and distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
The retailers in addition are authorized, at their sole discretion, to
pass on waste tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price of the new
tire, or charged as a separate per-tire charge in an amount not to
exceed $2.50 on each new tire sold."
The written notice shall also contain one of the following statements
at the end of the aforementioned language and as part of the notice,
which shall accurately indicate the manner in which the tire service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:
"Our waste tire management and recycling costs are included in the
advertised price of each new tire.", or
"We charge a separate per-tire charge of $____ on each new tire sold
that will be listed on your invoice to cover our waste tire management
and recycling costs."
S 2. Subdivisions 1, 2 and 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law, as amended by
section 2 of part E1 of chapter 63 of the laws of 2003 and subdivisions
A. 3008--C 16
1, 2, the opening paragraph of subdivision 3 and paragraph (a) of subdi-
vision 6 as amended by section 4 of part DD of chapter 59 of the laws of
2010, are amended as follows:
1. Until December thirty-first, two thousand [thirteen] SEVENTEEN, a
waste tire management and recycling fee of two dollars and fifty cents
shall be charged on each new tire sold. The fee shall be paid by the
purchaser to the tire service at the time the new tire or new motor
vehicle is purchased.
The waste tire management and recycling fee does not apply to:
(a) recapped or resold tires;
(b) mail-order sales; or
(c) the sale of new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this state is
subject to such fee.
2. Until December thirty-first, two thousand [thirteen] SEVENTEEN, the
tire service shall collect the waste tire management and recycling fee
from the purchaser at the time of the sale and shall remit such fee to
the department of taxation and finance with the quarterly report filed
pursuant to subdivision three of this section.
(a) The fee imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
(b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
3. Until March thirty-first, two thousand [fourteen] EIGHTEEN, each
tire service maintaining a place of business in this state shall make a
return to the department of taxation and finance on a quarterly basis,
with the return for December, January, and February being due on or
before the immediately following March thirty-first; the return for
March, April, and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the immediately
following December thirty-first.
(a) Each return shall include:
(i) the name of the tire service;
(ii) the address of the tire service's principal place of business and
the address of the principal place of business (if that is a different
address) from which the tire service engages in the business of making
retail sales of tires;
(iii) the name and signature of the person preparing the return;
(iv) the total number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
(v) the amount of waste tire management and recycling fees due; and
(vi) such other reasonable information as the department of taxation
and finance may require.
(b) Copies of each report shall be retained by the tire service for
three years.
If a tire service ceases business, it shall file a final return and
remit all fees due under this title with the department of taxation and
finance not more than one month after discontinuing that business.
(a) Until December thirty-first, two thousand [thirteen] SEVENTEEN,
any additional waste tire management and recycling costs of the tire
service in excess of the amount authorized to be retained pursuant to
paragraph (b) of subdivision two of this section may be included in the
published selling price of the new tire, or charged as a separate per-
A. 3008--C 17
tire charge on each new tire sold. When such costs are charged as a
separate per-tire charge: (i) such charge shall be stated as an invoice
item separate and distinct from the selling price of the tire; (ii) the
invoice shall state that the charge is imposed at the sole discretion of
the tire service; and (iii) the amount of such charge shall reflect the
actual cost to the tire service for the management and recycling of
waste tires accepted by the tire service pursuant to section 27-1905 of
this title, provided however, that in no event shall such charge exceed
two dollars and fifty cents on each new tire sold.
S 3. This act shall take effect immediately.
PART H
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part R of chapter 58 of the laws of 2012, is
amended to read as follows:
S 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2013] 2014, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.
PART I
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design and construction management
agreements is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, 2013; PROVIDED, HOWEVER, THAT DESIGN AND
CONSTRUCTION MANAGEMENT AGREEMENTS BETWEEN THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION OR THE OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION AND THE DORMITORY AUTHORITY APPROVED BY THE BOARD OF DIREC-
TORS ON OR BEFORE APRIL 1, 2013 SHALL NOT BE DEEMED VOID BY THE REPEAL
OF SUCH ACT AND SHALL CONTINUE IN ACCORDANCE WITH SUCH AGREEMENTS.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.
PART J
Intentionally Omitted
PART K
Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the New York state
energy research and development authority.
A. 3008--C 18
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.
PART L
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2013 to the energy research and development authority, under the
research, development and demonstration program, from the special reven-
ue funds - other/state operations, miscellaneous special revenue fund -
339, energy research and planning account, and special revenue funds -
other/aid to localities, miscellaneous special revenue fund - 339, ener-
gy research and planning account shall be subject to the provisions of
this section. Notwithstanding the provisions of subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
shall be reimbursed by assessment against gas corporations and electric
corporations as defined in section 2 of the public service law, and the
total amount which may be charged to any gas corporation and any elec-
tric corporation shall not exceed one cent per one thousand cubic feet
of gas sold and .010 cent per kilowatt-hour of electricity sold by such
corporations in their intrastate utility operations in calendar year
2011. Such amounts shall be excluded from the general assessment
provisions of subdivision 2 of section 18-a of the public service law,
but shall be billed and paid in the manner set forth in such subdivision
and upon receipt shall be paid to the state comptroller for deposit in
the state treasury for credit to the miscellaneous special revenue fund.
The director of the budget shall not issue a certificate of approval
with respect to the commitment and expenditure of moneys hereby appro-
priated until the chair of such authority shall have submitted, and the
director of the budget shall have approved, a comprehensive financial
plan encompassing all moneys available to and all anticipated commit-
ments and expenditures by such authority from any source for the oper-
ations of such authority. Copies of the approved comprehensive financial
plan shall be immediately submitted by the director of the budget to the
chairs and secretaries of the legislative fiscal committees.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.
PART M
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.
PART N
Section 1. Paragraph (a) of subdivision 6 of section 18-a of the
public service law, as added by section 4 of part NN of chapter 59 of
the laws of 2009, is amended to read as follows:
(a) Notwithstanding any provision of law to the contrary, and subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the state fiscal year beginning on April first, two thousand nine and
[four] NINE state fiscal years thereafter, a temporary annual assessment
A. 3008--C 19
(hereinafter "temporary state energy and utility service conservation
assessment") is hereby imposed on public utility companies (including
for the purposes of this subdivision municipalities other than munici-
palities as defined in section eighty-nine-l of this chapter), corpo-
rations (including for purposes of this subdivision the Long Island
power authority), and persons subject to the commission's regulation
(hereinafter such public utility companies, corporations, and persons
are referred to collectively as the "utility entities") to encourage the
conservation of energy and other resources provided through utility
entities, to be assessed in the manner provided in this subdivision;
provided, however, that such assessment shall not be imposed upon tele-
phone corporations as defined in subdivision seventeen of section two of
this article.
S 2. Section 6 of part NN of chapter 59 of the laws of 2009, amending
the public service law relating to financing the operations of the
department of public service, the public service commission, department
support and energy management services provided by other state agencies,
increasing the utility assessment cap and the minimum threshold for
collection thereunder, and establishing a temporary state energy and
utility service conservation assessment and providing for the collection
thereof, is amended to read as follows:
S 6. This act shall take effect immediately; provided, however, that
subdivision 6 of section 18-a of the public service law, as added by
section four of this act shall take effect April 1, 2009 and shall
expire and be deemed repealed March 31, [2014] 2019; and provided,
further, that if section four of this act shall become law after April
1, 2009, it shall take effect immediately and shall be deemed to have
been in full force and effect on and after April 1, 2009.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments to subdivision 6 of section 18-a of the
public service law made by section one of this act shall not affect the
repeal of such subdivision and shall be deemed to be repealed therewith.
PART O
Section 1. Sections 24 and 25 of the public service law are REPEALED
and a new section 24 is added to read as follows:
S 24. ADMINISTRATIVE SANCTIONS; RECOVERY OF PENALTIES. 1. EVERY PUBLIC
UTILITY COMPANY, CORPORATION OR PERSON AND THE OFFICERS, AGENTS AND
EMPLOYEES THEREOF SHALL ADHERE TO EVERY PROVISION OF THIS CHAPTER AND
EVERY ORDER OR REGULATION ADOPTED UNDER AUTHORITY OF THIS CHAPTER SO
LONG AS THE SAME SHALL BE IN FORCE.
2. (A) THE COMMISSION SHALL HAVE THE AUTHORITY TO ASSESS A CIVIL
PENALTY AGAINST A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON AND THE
OFFICERS, AGENTS AND EMPLOYEES THEREOF SUBJECT TO THE JURISDICTION,
SUPERVISION, OR REGULATION PURSUANT TO THIS CHAPTER FOR A KNOWING
VIOLATION OF THIS CHAPTER IN AN AMOUNT AS SET FORTH IN THIS SECTION. IN
DETERMINING THE AMOUNT OF ANY PENALTY TO BE ASSESSED PURSUANT TO THIS
SECTION, THE COMMISSION SHALL CONSIDER: (I) THE SERIOUSNESS OF THE
VIOLATION FOR WHICH A PENALTY IS SOUGHT; (II) THE NATURE AND EXTENT OF
ANY PREVIOUS VIOLATIONS FOR WHICH PENALTIES HAVE BEEN ASSESSED AGAINST
THE PUBLIC UTILITY COMPANY, CORPORATION OR PERSON; (III) THE GROSS
REVENUES AND FINANCIAL STATUS OF THE PUBLIC UTILITY COMPANY, CORPORATION
OR PERSON; AND (IV) SUCH OTHER FACTORS AS THE COMMISSION MAY DEEM APPRO-
A. 3008--C 20
PRIATE AND RELEVANT. THE REMEDIES PROVIDED BY THIS SUBDIVISION ARE IN
ADDITION TO ANY OTHER REMEDIES PROVIDED IN LAW.
(B) WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT A PUBLIC UTILI-
TY COMPANY, CORPORATION OR PERSON AND SUCH OFFICERS, AGENTS AND EMPLOY-
EES THEREOF MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH
IN THIS SUBDIVISION, IT SHALL NOTIFY SUCH PUBLIC UTILITY COMPANY, CORPO-
RATION OR PERSON. SUCH NOTICE SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO
(I) THE DATE AND A BRIEF DESCRIPTION OF THE FACTS AND NATURE OF EACH ACT
OR FAILURE TO ACT FOR WHICH SUCH PENALTY IS PROPOSED; (II) A LIST OF
EACH STATUTE, REGULATION OR ORDER THAT THE COMMISSION ALLEGES HAS BEEN
VIOLATED; AND (III) THE AMOUNT OF EACH PENALTY THAT THE COMMISSION
PROPOSES TO ASSESS.
(C) WHENEVER THE COMMISSION HAS REASON TO BELIEVE THAT A PUBLIC UTILI-
TY COMPANY, CORPORATION OR PERSON AND SUCH OFFICERS, AGENTS AND EMPLOY-
EES THEREOF MAY BE SUBJECT TO IMPOSITION OF A CIVIL PENALTY AS SET FORTH
IN THIS SUBDIVISION, THE COMMISSION SHALL HOLD A HEARING TO DEMONSTRATE
WHY THE PROPOSED PENALTY OR PENALTIES SHOULD BE ASSESSED AGAINST SUCH
PUBLIC UTILITY COMPANY, CORPORATION, OR SUCH PERSON AND SUCH OFFICERS,
AGENTS AND EMPLOYEES.
3. ANY PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A PROVISION
OF THIS CHAPTER, REGULATION OR AN ORDER ADOPTED UNDER AUTHORITY OF THIS
CHAPTER SO LONG AS THE SAME SHALL BE IN FORCE, OR WHO FAILS TO PROVIDE
SAFE AND ADEQUATE SERVICE SHALL FORFEIT A SUM NOT EXCEEDING THE GREATER
OF ONE HUNDRED THOUSAND DOLLARS OR TWO ONE-HUNDREDTHS OF ONE PERCENT OF
THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY, CONSTITUT-
ING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE OF A
CONTINUING VIOLATION, EACH DAY SHALL BE DEEMED A SEPARATE AND DISTINCT
OFFENSE.
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS
SECTION, ANY SUCH PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A
PROVISION OF THIS CHAPTER, OR AN ORDER OR REGULATION ADOPTED UNDER THE
AUTHORITY OF THIS CHAPTER SPECIFICALLY FOR THE PROTECTION OF HUMAN SAFE-
TY OR PREVENTION OF SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING, BUT
NOT LIMITED TO, THE COMMISSION'S CODE OF GAS SAFETY REGULATIONS SHALL,
IF IT IS DETERMINED BY THE COMMISSION THAT SUCH SAFETY VIOLATION CAUSED
OR CONSTITUTED A CONTRIBUTING FACTOR IN BRINGING ABOUT: (A) A DEATH OR
PERSONAL INJURY; OR (B) DAMAGE TO REAL PROPERTY IN EXCESS OF FIFTY THOU-
SAND DOLLARS, FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
(I) TWO HUNDRED FIFTY THOUSAND DOLLARS OR THREE ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS PARA-
GRAPH, EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A SEPARATE
AND DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING VIOLATION, AS
WELL AS EVERY DISTINCT VIOLATION, SHALL BE SIMILARLY TREATED AS A SEPA-
RATE AND DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
(II) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.
5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OR FOUR OF THIS
SECTION, A PUBLIC UTILITY COMPANY OR CORPORATION THAT VIOLATES A
PROVISION OF THIS ARTICLE, OR AN ORDER OR REGULATION ADOPTED UNDER
AUTHORITY OF THIS ARTICLE, DESIGNED TO PROTECT THE OVERALL RELIABILITY
AND CONTINUITY OF ELECTRIC SERVICE, INCLUDING BUT NOT LIMITED TO THE
RESTORATION OF ELECTRIC SERVICE FOLLOWING A MAJOR OUTAGE EVENT OR EMER-
GENCY, SHALL FORFEIT A SUM NOT TO EXCEED THE GREATER OF:
A. 3008--C 21
(A) FIVE HUNDRED THOUSAND DOLLARS OR FOUR ONE-HUNDREDTHS OF ONE
PERCENT OF THE ANNUAL INTRASTATE GROSS OPERATING REVENUE OF THE UTILITY,
WHICHEVER IS GREATER, CONSTITUTING A CIVIL PENALTY FOR EACH SEPARATE AND
DISTINCT OFFENSE; PROVIDED, HOWEVER, THAT FOR PURPOSES OF THIS PARAGRAPH
EACH DAY OF A CONTINUING VIOLATION SHALL NOT BE DEEMED A SEPARATE AND
DISTINCT OFFENSE. THE TOTAL PERIOD OF A CONTINUING VIOLATION, AS WELL AS
EVERY DISTINCT VIOLATION SHALL BE SIMILARLY TREATED AS A SEPARATE AND
DISTINCT OFFENSE FOR PURPOSES OF THIS PARAGRAPH; OR
(B) THE MAXIMUM FORFEITURE DETERMINED IN ACCORDANCE WITH SUBDIVISION
THREE OF THIS SECTION.
6. ANY OFFICER, AGENT, OR EMPLOYEE OF ANY CORPORATION DETERMINED BY
THE COMMISSION TO HAVE VIOLATED THE PROVISIONS OF SUBDIVISION THREE,
FOUR, OR FIVE OF THIS SECTION, AND WHO KNOWINGLY VIOLATES A PROVISION OF
THIS ARTICLE, REGULATION OR AN ORDER ADOPTED UNDER AUTHORITY OF THIS
ARTICLE SO LONG AS THE SAME SHALL BE IN FORCE, INCLUDING A FAILURE TO
PROVIDE SAFE AND ADEQUATE SERVICE, SHALL FORFEIT A SUM NOT TO EXCEED ONE
HUNDRED THOUSAND DOLLARS CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY
OFFENSE AND, IN THE CASE OF A CONTINUING VIOLATION, EACH DAY SHALL BE
DEEMED A SEPARATE AND DISTINCT OFFENSE.
7. ANY SUCH ASSESSMENT MAY BE COMPROMISED OR DISCONTINUED BY THE
COMMISSION. ALL MONEYS RECOVERED PURSUANT TO THIS SECTION, TOGETHER WITH
THE COSTS THEREOF, SHALL BE REMITTED TO THE RATEPAYERS IN A MANNER TO BE
DETERMINED BY THE COMMISSION.
8. UPON A FAILURE BY A PUBLIC UTILITY COMPANY, CORPORATION, OR PERSON
TO REMIT ANY PENALTY ASSESSED BY THE COMMISSION PURSUANT TO THIS
SECTION, THE COMMISSION, THROUGH ITS COUNSEL, MAY INSTITUTE AN ACTION OR
SPECIAL PROCEEDING TO COLLECT THE PENALTY IN A COURT OF COMPETENT JURIS-
DICTION.
9. ANY PAYMENT MADE BY A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON
OTHER THAN A MUNICIPALITY THAT DISTRIBUTES ELECTRICITY AND THE OFFICERS,
AGENTS AND EMPLOYEES THEREOF AS A RESULT OF AN ASSESSMENT AS PROVIDED IN
THIS SECTION, AND THE COST OF LITIGATION AND INVESTIGATION RELATED TO
ANY SUCH ASSESSMENT, SHALL NOT BE RECOVERABLE FROM RATEPAYERS.
10. IN CONSTRUING AND ENFORCING THE PROVISIONS OF THIS ARTICLE RELAT-
ING TO PENALTIES, THE ACT OF ANY DIRECTOR, OFFICER, AGENT OR EMPLOYEE OF
A PUBLIC UTILITY COMPANY, CORPORATION OR PERSON ACTING WITHIN THE SCOPE
OF HIS OR HER OFFICIAL DUTIES OR EMPLOYMENT SHALL BE DEEMED TO BE THE
ACT OF SUCH PUBLIC UTILITY COMPANY OR CORPORATION.
11. A DIRECTOR, OFFICER OR EMPLOYEE OF A PUBLIC UTILITY COMPANY,
CORPORATION, PERSON ACTING ON BEHALF OF HIS OR HER OFFICIAL DUTIES OR
EMPLOYMENT, OR AN AGENT ACTING ON BEHALF OF AN EMPLOYER SHALL NOT TAKE
RETALIATORY PERSONAL ACTION SUCH AS DISCHARGE, SUSPENSION, DEMOTION,
PENALIZATION OR DISCRIMINATION AGAINST AN EMPLOYEE FOR REPORTING A
VIOLATION OF A PROVISION OF THIS CHAPTER OR AN ORDER OR REGULATION
ADOPTED UNDER THE AUTHORITY OF THIS CHAPTER, INCLUDING, BUT NOT LIMITED
TO THOSE GOVERNING SAFE AND ADEQUATE SERVICE, PROTECTION OF HUMAN SAFETY
OR PREVENTION OF SIGNIFICANT DAMAGE TO REAL PROPERTY, INCLUDING BUT NOT
LIMITED TO THE COMMISSION'S CODE OF GAS SAFETY. NOTHING IN THIS SUBDIVI-
SION SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES OR REMEDIES OF
ANY EMPLOYEE UNDER ANY OTHER LAW OR REGULATION, INCLUDING BUT NOT LIMIT-
ED TO ARTICLE TWENTY-C OF THE LABOR LAW AND SECTION SEVENTY-FIVE-B OF
THE CIVIL SERVICE LAW, OR UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR
EMPLOYMENT CONTRACT.
S 2. Section 26 of the public service law is renumbered section 25.
S 3. Section 65 of the public service law is amended by adding a new
subdivision 14 to read as follows:
A. 3008--C 22
14. IN CONJUNCTION WITH A MANAGEMENT AND OPERATIONS AUDIT UNDERTAKEN
PURSUANT TO SUBDIVISION NINETEEN OF SECTION SIXTY-SIX OF THIS ARTICLE OR
UPON ITS OWN MOTION, THE COMMISSION SHALL REVIEW THE CAPABILITY, INCLUD-
ING BUT NOT LIMITED TO, THE CAPABILITY TO IMPLEMENT EMERGENCY RESPONSE
PLANS AND RESTORATION, OF EACH GAS CORPORATION AND ELECTRIC CORPORATION
TO PROVIDE SAFE, ADEQUATE, AND RELIABLE SERVICE. UPON GOOD CAUSE SHOWN,
THE COMMISSION MAY DIRECT SUCH CORPORATION TO COMPLY WITH ADDITIONAL AND
MORE STRINGENT TERMS AND CONDITIONS OF SERVICE THAN EXISTED PRIOR TO THE
COMMENCEMENT OF THE MANAGEMENT AND OPERATIONS AUDIT.
S 4. Subdivisions 19 and 21 of section 66 of the public service law,
subdivision 19 as added by chapter 556 of the laws of 1976 and the clos-
ing paragraph as added by chapter 586 of the laws of 1986 and subdivi-
sion 21 as added by chapter 718 of the laws of 1980, are amended and a
new subdivision 1-a is added to read as follows:
1-A. REVIEW THE ANNUAL CAPITAL EXPENDITURE OF EACH GAS OR ELECTRIC
CORPORATION AND MAY ORDER SUCH IMPROVEMENT IN THE MANUFACTURE, CONVEY-
ING, TRANSPORTATION, DISTRIBUTION OR SUPPLY OF GAS, IN THE MANUFACTURE,
TRANSMISSION OR SUPPLY OF ELECTRICITY, OR IN THE METHODS EMPLOYED BY
SUCH CORPORATION AS IN THE COMMISSION'S JUDGMENT IS ADEQUATE, JUST AND
REASONABLE.
19. (A) The commission shall have power to provide for management and
operations audits of gas corporations and electric corporations. Such
audits shall be performed at least once every five years for combination
gas and electric companies, as well as for straight gas corporations
having annual gross revenues in excess of two hundred million dollars.
The audit shall include, but not be limited to, an investigation of the
company's construction program planning in relation to the needs of its
customers for reliable service [and], an evaluation of the efficiency of
the company's operations, RECOMMENDATIONS WITH RESPECT TO SAME, AND THE
TIMING WITH RESPECT TO THE IMPLEMENTATION OF SUCH RECOMMENDATIONS. The
commission shall have discretion to have such audits performed by its
staff, or by independent auditors.
In every case in which the commission chooses to have the audit
provided for in this subdivision OR PURSUANT TO SUBDIVISION FOURTEEN OF
SECTION SIXTY-FIVE OF THIS ARTICLE performed by independent auditors, it
shall have authority to select the auditors, and to require the company
being audited to enter into a contract with the auditors providing for
their payment by the company. Such contract shall provide further that
the auditors shall work for and under the direction of the commission
according to such terms as the commission may determine are necessary
and reasonable.
[The commission shall have authority to direct the company to imple-
ment any recommendations resulting from such audits that it finds to be
necessary and reasonable.]
(B) EACH GAS AND ELECTRIC CORPORATION SUBJECT TO AN AUDIT UNDER THIS
SUBDIVISION SHALL FILE A REPORT WITH THE COMMISSION WITHIN THIRTY DAYS
AFTER ISSUANCE OF SUCH AUDIT DETAILING ITS PLAN TO IMPLEMENT THE RECOM-
MENDATIONS MADE IN THE AUDIT. AFTER REVIEW OF SUCH REPORT, THE COMMIS-
SION MAY REQUIRE THAT SUCH CORPORATION AMEND THE PLAN IN A PARTICULAR
MANNER. SUCH PLAN SHALL THEREAFTER BECOME ENFORCEABLE UPON APPROVAL BY
THE COMMISSION. THE COMMISSION SHALL HAVE POWER TO COMMENCE A PROCEEDING
TO EXAMINE ANY SUCH CORPORATION'S COMPLIANCE WITH THE RECOMMENDATIONS OF
SUCH AUDIT.
(C) Upon the application of a gas or electric corporation for a major
change in rates as defined in subdivision twelve of this section, the
commission shall review that corporation's compliance with the
A. 3008--C 23
directions and recommendations made previously by the commission, as a
result of the most recently completed management and operations audit.
The commission shall incorporate the findings of such review in its
opinion or order, AND SUCH FINDINGS SHALL BE ENFORCEABLE BY THE COMMIS-
SION.
21. [The commission shall require every electric corporation to submit
storm plans to the commission for review and approval at such times and
in such detail and form as the commission shall require, provided,
however, that the same shall be filed at least annually.] (A) EACH ELEC-
TRIC CORPORATION SHALL ANNUALLY, ON OR BEFORE DECEMBER FIFTEENTH, SUBMIT
TO THE COMMISSION AN EMERGENCY RESPONSE PLAN FOR REVIEW AND APPROVAL.
THE EMERGENCY RESPONSE PLAN SHALL BE DESIGNED FOR THE REASONABLY PROMPT
RESTORATION OF SERVICE IN THE CASE OF AN EMERGENCY EVENT, DEFINED FOR
PURPOSES OF THIS SUBDIVISION AS AN EVENT WHERE WIDESPREAD OUTAGES HAVE
OCCURRED IN THE SERVICE TERRITORY OF THE COMPANY DUE TO STORMS OR OTHER
CAUSES BEYOND THE CONTROL OF THE COMPANY. THE EMERGENCY RESPONSE PLAN
SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING: (I) THE IDEN-
TIFICATION OF MANAGEMENT STAFF RESPONSIBLE FOR COMPANY OPERATIONS DURING
AN EMERGENCY; (II) A COMMUNICATIONS SYSTEM WITH CUSTOMERS DURING AN
EMERGENCY THAT EXTENDS BEYOND NORMAL BUSINESS HOURS AND BUSINESS CONDI-
TIONS; (III) IDENTIFICATION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD
DOCUMENTED THEIR NEED FOR ESSENTIAL ELECTRICITY FOR MEDICAL NEEDS; (IV)
IDENTIFICATION OF AND OUTREACH PLANS TO CUSTOMERS WHO HAD DOCUMENTED
THEIR NEED FOR ESSENTIAL ELECTRICITY TO PROVIDE CRITICAL TELECOMMUNI-
CATIONS, CRITICAL TRANSPORTATION AND CRITICAL FUEL DISTRIBUTION
SERVICES; (V) DESIGNATION OF COMPANY STAFF TO COMMUNICATE WITH LOCAL
OFFICIALS AND APPROPRIATE REGULATORY AGENCIES; (VI) DESIGNATION OF A
CALL CENTER IN NEW YORK FOR SERVICE ASSISTANCE FOR THE DURATION OF AN
EMERGENCY OR UNTIL FULL UTILITY SERVICE IS RESTORED, WHICHEVER IS FIRST;
(VII) PROVISIONS REGARDING HOW THE COMPANY WILL ASSURE THE SAFETY OF ITS
EMPLOYEES AND CONTRACTORS; (VIII) PROCEDURES FOR DEPLOYING COMPANY AND
MUTUAL AID CREWS TO WORK ASSIGNMENT AREAS; (IX) IDENTIFICATION OF ADDI-
TIONAL SUPPLIES AND EQUIPMENT NEEDED DURING AN EMERGENCY; (X) THE MEANS
OF OBTAINING ADDITIONAL SUPPLIES AND EQUIPMENT; (XI) PROCEDURES TO PRAC-
TICE THE EMERGENCY RESPONSE PLAN; AND (XII) SUCH OTHER ADDITIONAL INFOR-
MATION AS THE COMMISSION MAY REQUIRE. EACH SUCH CORPORATION SHALL, ON
AN ANNUAL BASIS, UNDERTAKE DRILLS IMPLEMENTING PROCEDURES TO PRACTICE
ITS EMERGENCY RESPONSE PLAN. THE DEPARTMENT MAY ADOPT ADDITIONAL
REQUIREMENTS CONSISTENT WITH ENSURING THE REASONABLY PROMPT RESTORATION
OF SERVICE IN THE CASE OF AN EMERGENCY EVENT.
(B) AFTER REVIEW OF A CORPORATION'S EMERGENCY RESPONSE PLAN, THE
COMMISSION MAY REQUIRE SUCH CORPORATION TO AMEND THE PLAN. THE COMMIS-
SION MAY ALSO OPEN AN INVESTIGATION OF THE CORPORATION'S PLAN TO DETER-
MINE ITS SUFFICIENCY TO RESPOND ADEQUATELY TO AN EMERGENCY EVENT. IF,
AFTER HEARINGS, THE COMMISSION FINDS A MATERIAL DEFICIENCY IN THE PLAN,
IT MAY ORDER THE COMPANY TO MAKE SUCH MODIFICATIONS THAT IT DEEMS
REASONABLY NECESSARY TO REMEDY THE DEFICIENCY.
(C) THE COMMISSION IS AUTHORIZED TO OPEN AN INVESTIGATION TO REVIEW
THE PERFORMANCE OF ANY CORPORATION IN RESTORING SERVICE OR OTHERWISE
MEETING THE REQUIREMENTS OF THE EMERGENCY RESPONSE PLAN DURING AN EMER-
GENCY EVENT. IF, AFTER EVIDENTIARY HEARINGS OR OTHER INVESTIGATORY
PROCEEDINGS, THE COMMISSION FINDS THAT THE CORPORATION FAILED TO REASON-
ABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN OR THE LENGTH OF SUCH CORPO-
RATION'S OUTAGES WERE MATERIALLY LONGER THAN THEY WOULD HAVE BEEN BUT
FOR SUCH FAILURE TO REASONABLY IMPLEMENT ITS EMERGENCY RESPONSE PLAN,
THE COMMISSION MAY DENY THE RECOVERY OF ALL, OR ANY PART OF, THE SERVICE
A. 3008--C 24
RESTORATION COSTS, COMMENSURATE WITH THE DEGREE AND IMPACT OF THE
SERVICE OUTAGE; PROVIDED, HOWEVER, THAT NOTHING HEREIN LIMITS THE
COMMISSION'S AUTHORITY TO OTHERWISE COMMENCE A PROCEEDING PURSUANT TO
SECTIONS TWENTY-FOUR AND TWENTY-FIVE OF THIS CHAPTER.
(D) THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT OF HOMELAND SECURI-
TY AND EMERGENCY SERVICES THAT EACH SUCH CORPORATION'S EMERGENCY
RESPONSE PLAN IS SUFFICIENT TO ENSURE TO THE GREATEST EXTENT FEASIBLE
THE TIMELY AND SAFE RESTORATION OF ENERGY SERVICES AFTER AN EMERGENCY.
(E) THE FILING OF EACH EMERGENCY RESPONSE PLAN REQUIRED UNDER PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL ALSO INCLUDE A COPY OF ALL WRITTEN
MUTUAL ASSISTANCE AGREEMENTS AMONG UTILITIES. THE COMMISSION SHALL
PROVIDE ACCESS TO SUCH EMERGENCY RESPONSE PLAN PURSUANT TO ARTICLE SIX
OF THE PUBLIC OFFICERS LAW.
(F) EACH ELECTRIC CORPORATION SHALL FILE WITH THE EMERGENCY MANAGEMENT
OFFICE OF EACH COUNTY WITHIN THEIR SERVICE TERRITORY, THE MOST RECENT
APPROVED COPY OF THE EMERGENCY RESPONSE PLAN REQUIRED PURSUANT TO THIS
SECTION. IF A COUNTY DOES NOT HAVE AN EMERGENCY MANAGEMENT OFFICE, THE
CHIEF MUNICIPAL OFFICER SHALL DESIGNATE ONE PUBLIC SAFETY OFFICIAL
RESPONSIBLE FOR SAID EMERGENCY RESPONSE PLAN. FOR THE PURPOSES OF AN
ELECTRIC CORPORATION OPERATING WITHIN THE CITY OF NEW YORK, SUCH CORPO-
RATION SHALL FILE THE MOST RECENT APPROVED EMERGENCY RESPONSE PLAN WITH
THE EMERGENCY MANAGEMENT OFFICE OF THE CITY OF NEW YORK.
(G) IN ORDER TO ENSURE THE REASONABLY PROMPT RESTORATION OF SERVICE IN
THE CASE OF AN EMERGENCY EVENT, ON AN ANNUAL BASIS THE CHIEF EXECUTIVE
OFFICER OF EACH ELECTRIC CORPORATION SHALL, IN GOOD FAITH AND TO THE
BEST OF HIS OR HER KNOWLEDGE, CERTIFY IN WRITING THAT SUCH CORPORATION
HAS THE ABILITY TO IMPLEMENT THE MEASURES IDENTIFIED IN ITS MOST RECENT
EMERGENCY RESPONSE PLAN APPROVED BY THE COMMISSION PURSUANT TO THIS
SUBDIVISION AND HAS TAKEN ACTIONS TO, OR WILL TAKE ACTIONS TO, IMPLEMENT
SUCH MEASURES TO THE FULLEST EXTENT PRACTICABLE.
S 5. Intentionally omitted.
S 6. Intentionally omitted.
S 7. Intentionally omitted.
S 8. Paragraphs a and b of subdivision 1 of section 765 of the gener-
al business law, as amended by chapter 685 of the laws of 1994, are
amended to read as follows:
a. Failure to comply with any provision of this article shall subject
an excavator or an operator to a civil penalty of up to [one] TWO thou-
sand FIVE HUNDRED dollars for the first violation and up to an addi-
tional [seven] TEN thousand [five hundred] dollars for each succeeding
violation [which] THAT occurs [in connection with the entire self-same
excavation or demolition activity] within a [two] TWELVE month period.
b. The penalties provided for by this article shall not apply to an
excavator who damages an underground facility due to the failure of the
operator to comply with any of the provisions of this article nor shall
in such instance the excavator be liable for repairs as prescribed in
subdivision [five] FOUR of this section.
S 9. This act shall take effect immediately.
PART P
Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
executive law relating to permitting the secretary of state to provide
special handling for all documents filed or issued by the division of
corporations and to permit additional levels of such expedited service,
A. 3008--C 25
as amended by section 1 of part L of chapter 60 of the laws of 2011, is
amended to read as follows:
S 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2013]
2014.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2013.
PART Q
Intentionally Omitted
PART R
Section 1. Section 11-0701 of the environmental conservation law,
subdivisions 1, 3, 11 and 12 as amended by chapter 344 of the laws of
2008, paragraph a of subdivision 2 as amended and subdivision 7-a as
added by chapter 57 of the laws of 1993, subparagraph 1 of paragraph a
of subdivision 2 as added by section 5, paragraph b of subdivision 2 as
amended by section 6, subdivision 5 as amended by section 10, subdivi-
sion 6 as amended by section 11, subdivision 8 as amended by section 12,
subdivisions 13, 14 and 15 as amended by section 16 and subdivision 17
as added by section 17 of part F of chapter 82 of the laws of 2002,
paragraph c of subdivision 2 as amended by chapter 25 of the laws of
2011, subdivisions 4 and 16 as amended by section 1 of part LL and para-
graph c of subdivision 5 as added by section 1 of part KK of chapter 59
of the laws of 2009, subdivision 9-a as added by chapter 237 of the laws
of 1993, and subdivision 10 as amended by chapter 57 of the laws of 1993
and as renumbered by chapter 470 of the laws of 1994, is amended to read
as follows:
S 11-0701. Definitions of licenses and privileges of licensees.
1. A [small game] HUNTING license entitles a holder who is sixteen
years of age or older to hunt wildlife, except big game, and to take
with a gun or longbow fish permitted to be so taken, as provided in
titles 9 and 13 of this article.
2. a. (1) A [small and big game] HUNTING license entitles the [resi-
dent] holder to hunt wildlife subject to the following:
(i) a holder who is eighteen years of age or older may hunt wildlife
as provided in title 9 of this article,
(ii) a holder who is sixteen years of age or older may hunt wildlife,
except big game, as provided in title 9 of this article, and
(iii) a holder who is between the ages of sixteen and eighteen may
hunt big game pursuant to the provisions of title 9 of this article
while the holder is accompanied by a parent, guardian or person over the
age of eighteen as required by section 11-0929 of this article.
A holder may take fish with a [gun or] longbow as provided in titles 9
and 13 of this article.
[(2) A non-resident big game license entitles a person who has not
been a resident of the state for more than thirty days to hunt wild deer
as provided in title 9. It entitles such person to hunt bear during the
regular open bear season or in an open season fixed by regulation pursu-
ant to subdivision eight of section 11-0903 of this article if such
person is also the holder of a non-resident bear tag. It entitles a
person who is between the ages of sixteen and eighteen years to exercise
A. 3008--C 26
the privileges of a big game license subject to the provisions of
section 11-0929.]
b. A special antlerless deer license is applicable to the hunting of
wild antlerless deer in a special open season fixed pursuant to subdivi-
sion 6 of section 11-0903 of this article in a tract within a Wilderness
Hunting Area and entitles the holder of a HUNTING license [which author-
izes the holder to hunt big game] to hunt antlerless deer in such
special open season, as provided in title 9 of this article if he OR SHE
has on his OR HER person while so hunting both his OR HER HUNTING
license [which authorizes the holder to hunt big game] and his OR HER
special antlerless deer license.
c. A [junior archery license] HUNTING LICENSE WITH A BOWHUNTING PRIVI-
LEGE entitles a [resident] holder who is between the ages of twelve and
sixteen years to hunt wild deer and bear with a longbow during the
special archery season and during the regular season, as provided in
title 9 of this article, [as if such person held a license which author-
izes the holder to hunt big game with a bowhunting stamp affixed,]
subject to the provisions of section 11-0929 and subdivision 3 of
section 11-0713 of this article. [It entitles a non-resident holder who
is between the ages of twelve and sixteen years to hunt wild deer and
bear with a longbow during the special archery season and during the
regular season, as provided in title 9 of this article, as if such
person held a non-resident bowhunting license, a non-resident license
which authorizes the holder to hunt deer and a non-resident bear tag,
subject to the provisions of section 11-0929 and subdivision 3 of
section 11-0713 of this article.]
3. A bowhunting [stamp] PRIVILEGE when affixed to a [resident] HUNTING
license [which authorizes the holder to hunt big game] entitles a holder
who is eighteen years of age or older to hunt wild deer and bear with a
longbow, as provided in title 9 of this article, in a special longbow
season, and it entitles a holder who is sixteen or seventeen years of
age to exercise the same privileges subject to the provisions of section
11-0929 and subdivision 3 of section 11-0713 of this article.
4. A fishing license entitles the holder to take fish by angling,
spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
ing with the hands or by use of a club or hook, and to take bait fish
for personal use, as provided in titles 9 and 13 of this article, except
that such license shall not entitle the holder to take migratory fish of
the sea or to take fish from the waters of the marine district.
[5. a. A combined resident fishing and small and big game license
hereinafter in this article referred to as a sportsman license, entitles
the holder to the privileges the holder would have if the holder held
separately a fishing license and a small and big game license.
b. A combined resident fishing, small and big game, bowhunting and
muzzle-loading license, hereinafter in this article referred to as a
resident super-sportsman license, entitles the holder to the privileges
the holder would have if the holder held separately a fishing license, a
small and big game license, a bowhunting stamp, a muzzle-loading stamp,
and a turkey permit.
c. A combined resident fishing, small and big game, muzzle-loading
stamp and trapping license, hereinafter in this article referred to as a
resident trapper super-sportsman license, entitles the holder to the
privileges the holder would have if the holder held separately a fishing
license, a small and big game license, a muzzle-loading stamp, a trap-
ping license, and a turkey permit.
A. 3008--C 27
6. A free sportsman license entitles the holder to the privileges the
holder would have if the holder held separately a small and big game
license and a fishing license.]
7-a. A non-resident bear tag entitles a person who has not been a
resident of the state for more than thirty days who also possesses a
[non-resident big game] HUNTING license to hunt bear during the regular
open season therefor or in an open season fixed by regulation pursuant
to subdivision eight of section 11-0903 of this article. It entitles a
NON-RESIDENT holder who also possesses a [non-resident] HUNTING LICENSE
WITH bowhunting [license] PRIVILEGE to hunt bear with a longbow during
the open bear season. It entitles a NON-RESIDENT holder who also
possesses a [non-resident] HUNTING LICENSE WITH muzzle-loading [license]
PRIVILEGE to hunt bear with a muzzleloader during the open bear season.
8. A seven-day fishing license entitles the holder to exercise the
privileges of a fishing license for the seven consecutive days specified
in the license.
9-a. A one-day fishing license entitles the [resident or non-resident]
holder to exercise the privileges of a fishing license on the day speci-
fied on the license.
10. A trapping license entitles the holder to trap beaver, otter,
fisher, mink, muskrat, skunk, raccoon, bobcat, coyote, fox, opossum,
weasel, pine marten and unprotected wildlife except birds, as provided
in title 11, subject to the provisions of [subdivision 6 of] section
11-0713 of this article.
11. A muzzle-loading [stamp] PRIVILEGE when affixed to a [resident]
HUNTING license [which authorizes the holder to hunt big game] entitles
a holder who is fourteen years of age or older to hunt wild deer and
bear with a muzzle-loading firearm, as provided in title 9 of this arti-
cle, in a special muzzle-loading firearm season.
12. A [junior] hunting license:
a. entitles a holder who is twelve or thirteen years of age to hunt
wildlife, except big game, as provided in title 9 of this article
subject, specifically, to the provisions of section 11-0929 of this
article. It entitles such holder to possess firearms as provided in
section 265.05 of the penal law.
b. entitles a holder who is fourteen or fifteen years of age to hunt
wildlife, including wild deer and bear, as provided in title 9 of this
article, subject, specifically, to the provisions of section 11-0929 of
this article. It entitles such holder to possess firearms as provided in
section 265.05 of the penal law.
[13. A non-resident bowhunting license entitles a person who has not
been a resident of the state for more than thirty days to hunt wild deer
with a longbow in a special longbow season as provided in title 9 of
this article and, when accompanied by a non-resident bear tag, entitles
the holder to hunt bear with a longbow during the open bear season.
14. A non-resident muzzle-loading license entitles a person who has
not been a resident of the state for more than thirty days to hunt wild
deer with a muzzle-loading firearm in a special muzzle-loading season as
provided in title 9 of this article and, when accompanied by a non-resi-
dent bear tag, entitles the holder to hunt bear with a muzzleloader
during the open bear season.
15. A non-resident combined hunting, fishing, big game, bowhunting and
muzzle-loading license, hereinafter in this article referred to as a
non-resident super-sportsman license, entitles a person who has not been
a resident of the state for more than thirty days to the privileges that
the holder would have if the holder held separately a non-resident hunt-
A. 3008--C 28
ing license, a non-resident fishing license, a non-resident big game
license, a non-resident bowhunting license, a non-resident muzzle-load-
ing license and a non-resident turkey permit.
16. A conservation legacy license entitles the holder to fish, except
for migratory fish of the sea or from the waters of the marine district,
hunt wildlife, hunt big game with a longbow and a muzzle-loading firearm
during special seasons therefor, hunt turkey, enjoy the benefits of a
voluntary habitat stamp and receive the "New York State Conservationist"
magazine as if the holder of such license held separately a resident
super-sportsman license, a voluntary habitat stamp and a subscription to
the "New York State Conservationist" magazine.
17. A conservation patron license entitles the holder to the benefits
of a voluntary habitat stamp and a subscription to "New York State
Conservationist" magazine as if the holder of such license held sepa-
rately a voluntary habitat stamp and a subscription to the "New York
State Conservationist" magazine.]
S 2. Subdivisions 2, 4, 5 and 6 of section 11-0703 of the environ-
mental conservation law, subdivision 2 as amended by chapter 507 of the
laws of 2010, subdivision 4 as amended by section 21 and paragraph a of
subdivision 5 as amended by section 22 of part F of chapter 82 of the
laws of 2002, paragraph b of subdivision 4 as amended by chapter 178 of
the laws of 2011, paragraphs d and e of subdivision 4 and subdivision 6
as amended by chapter 344 of the laws of 2008, subdivision 5 as amended
by chapter 450 of the laws of 1991 and paragraph d of subdivision 5 as
relettered by chapter 470 of the laws of 1994, are amended to read as
follows:
2. Except as provided in section 11-0704 of this title, no license,
permit, tag or [stamp] PRIVILEGE is transferable. No person shall alter,
change, lend to another or attempt to transfer to another any license or
any [button,] permit, tag or [stamp] PRIVILEGE issued therewith. No
person, while hunting, shall possess a license, [button,] permit, tag or
[stamp] PRIVILEGE which was issued to another person unless actually
accompanied by the person to whom such license, [button,] permit, tag or
[stamp] PRIVILEGE was issued. No person shall purchase, possess or use
more than one [junior archery, junior hunting, small and big game, big
game, bowhunting, muzzle-loading, sportsman, or resident super-sportsman
license or stamp, non-resident bowhunting or muzzle-loading license,
non-resident super-sportsman license, non-resident bear tag] HUNTING
LICENSE, BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE or special
permit for the current license year, except as permitted by regulation
of the department. Notwithstanding the prohibitions contained in this
subdivision, the department may authorize by rule or regulation the
transfer of deer management permits, issued pursuant to section 11-0913
of this article, to any person licensed to hunt deer pursuant to this
title.
4. a. Non-resident [fishing, non-resident super-sportsman, non-resi-
dent bowhunting or muzzle-loading, or non-resident trapping licenses, or
non-resident] bear tags are issuable only to non-residents and persons
who have been residents for less than thirty days immediately preceding
the date of application.
b. [A person under the age of fourteen years is ineligible for any
license, other than a junior archery license, which authorizes the hold-
er to hunt big game. A person under the age of sixteen years is ineligi-
ble for a small and big game, sportsman or resident super-sportsman,
non-resident super-sportsman, non-resident big game, non-resident
bowhunting license, or bowhunting stamp.] A person is ineligible for a
A. 3008--C 29
[small game, small and big game, junior hunting, big game, junior arch-
ery, sportsman and resident super-sportsman, non-resident super-sports-
man, or non-resident] HUNTING LICENSE, bowhunting PRIVILEGE or muzzle-
loading [license] PRIVILEGE unless such person meets the requirements of
subdivision 3 of section 11-0713 of this title.
c. Only the following persons are eligible for resident [licenses]
FEES: (1) persons who have been residents in the state for [more than]
thirty days immediately [preceding] PRIOR TO the date of application for
the licenses, or who are enrolled [in] AS a full-time [course] STUDENT
at a college or university within the state and who are in residence in
the state for the school year, or who are out of state or foreign
exchange high school students enrolled [in] AS a full-time [course]
STUDENT in a high school within the state and who are in residence in
the state for the school year; (2) Indian residents or members of the
six nations residing on any reservation wholly or partly within the
state; AND (3) members of the United States armed forces in active
service, stationed in this state, regardless of the place of residence
at the time of entry into the service[; and (4) persons privileged under
subdivision 5 of section 11-0707 of this article to take wildlife, other
than deer and bear, as if they held hunting licenses].
d. Only persons who possess a [small and big game] HUNTING license[,
the big game license portion of the free sportsman, a sportsman license
or resident super-sportsman license] are eligible for a bowhunting PRIV-
ILEGE or muzzle-loading [stamp, except that the holder of a junior hunt-
ing license, who is a resident and who is at least fourteen years old,
is eligible for a muzzle-loading stamp] PRIVILEGE.
e. person under the age of twelve years is ineligible for a [junior]
hunting license.
5. a. One-day and seven-day fishing licenses expire on the date stated
on them.
b. A fishing license issued without charge to a resident as formerly
provided in subdivision 2 of section 11-0715, shall remain effective for
the life of the licensee.
c. A special antlerless deer license is effective during the special
open season for which it is issued.
d. All other licenses and [stamps] PRIVILEGES defined in section
11-0701 are effective for a license year beginning [October] SEPTEMBER 1
and ending [September 30] AUGUST 31; PROVIDED, HOWEVER, A FISHING
LICENSE SHALL REMAIN EFFECTIVE ONE YEAR FROM THE DATE ON WHICH IT WAS
ISSUED.
6. a. Except as provided in section 11-0707 and section 11-0709 of
this title, no person shall (1) hunt wildlife[, other than deer or bear,
or take fish with a gun,] unless such person holds and is entitled to
exercise the privileges of a [small game, junior hunting, small and big
game, free sportsman, sportsman or resident super-sportsman, or non-re-
sident super-sportsman] HUNTING license; (2) hunt antlerless deer in a
special open season therefor pursuant to subdivision 6 of section
11-0903 of this article unless such person holds and is entitled to
exercise the privileges of and has on his or her person while so hunting
a [small and big game, big game, junior archery, free sportsman, junior]
hunting [if the licensee is at least fourteen years old, sportsman,
resident super-sportsman, non-resident super-sportsman or non-resident]
LICENSE, bowhunting PRIVILEGE or muzzle-loading [license] PRIVILEGE, and
a special antlerless deer license; (3) take fish or frogs in the manner
described in subdivision 4 of section 11-0701 of this title unless such
A. 3008--C 30
person is entitled to exercise the privileges of a fishing license; (4)
trap wildlife unless such person holds a trapping license.
b. Except as provided in section 11-0707 and section 11-0709 of this
title, no [resident] PERSON shall (1) hunt wild deer or bear unless such
person holds and is entitled to exercise the privileges of a [small and
big game, junior archery, junior hunting if the licensee is at least
fourteen years old, free sportsman, sportsman, or resident super-sports-
man] HUNTING license, and meets the requirements of this article; (2)
hunt wild deer or bear with a longbow in a special longbow season unless
such person holds and is entitled to exercise the privileges of a [small
and big game, junior archery, free sportsman, sportsman, or resident
super-sportsman] HUNTING license with a bowhunting [stamp affixed] PRIV-
ILEGE and meets the requirements of this article; or (3) hunt wild deer
or bear with a muzzle-loading firearm in a special muzzle-loading
firearm season unless such person IS AT LEAST FOURTEEN YEARS OLD AND
holds a [small and big game, free sportsman, sportsman, junior hunting
if the licensee is at least fourteen years old, or resident super-
sportsman] HUNTING license with a muzzle-loading [stamp affixed] PRIVI-
LEGE and meets the requirements of this article.
c. [Except as provided in section 11-0707 and section 11-0709 of this
title, no] NO non-resident shall [(1) hunt wild deer unless such person
holds and is entitled to exercise the privileges of a big game, junior
archery, junior hunting if the licensee is at least fourteen years old,
non-resident super-sportsman, or non-resident bowhunting or muzzle-load-
ing license; (2) hunt wild deer with a longbow in a special longbow
season unless such person holds and is entitled to exercise the privi-
leges of a non-resident super-sportsman, non-resident bowhunting, or
junior archery license; (3) hunt wild deer with a muzzle-loading firearm
in a special muzzle-loading firearm season unless such person holds a
non-resident super-sportsman or non-resident muzzle-loading license;
(4)] hunt wild bear unless such person holds a [junior] hunting license
[if the licensee is at least fourteen years old, a junior archery
license, or] AND a non-resident bear tag [in combination with one of the
non-resident deer licenses listed in subparagraph 1, 2 or 3 of this
paragraph] AND MEETS THE REQUIREMENTS OF THIS ARTICLE.
S 3. The opening paragraph of paragraph a of subdivision 1, subdivi-
sion 2, paragraphs b and c of subdivision 3 and paragraphs a and b of
subdivision 4 of section 11-0713 of the environmental conservation law,
the opening paragraph of paragraph a of subdivision 1 as amended by
section 3 of part AA of chapter 60 of the laws of 2011, subdivision 2 as
amended by chapter 25 of the laws of 2011, paragraph b of subdivision 3
as amended by section 27 and paragraphs a and b of subdivision 4 as
amended by section 28 of part F of chapter 82 of the laws of 2002 and
paragraph c of subdivision 3 as amended by chapter 344 of the laws of
2008, are amended to read as follows:
All licenses, [stamps] BOWHUNTING PRIVILEGES, MUZZLE-LOADING PRIVI-
LEGES, tags, [buttons,] permits, registrations, and permit applications
authorized by this title or section 13-0355 of this chapter, and any
additional privileges authorized by the department shall be issued by:
2. The issuing officer shall not issue a [junior archery license to a
person between the ages of twelve and sixteen or a junior] hunting
license OR BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE to a person
[between the ages of] AGE twelve [and] THROUGH sixteen years unless, at
the time of issuance, THE applicant is accompanied by his or her parent
or legal guardian who shall consent to the issuance of the license and
shall so signify by signing his or her name in ink across the face of
A. 3008--C 31
it. At no time shall such licenses be issued by mail to persons [between
the ages of] AGE twelve [and] THROUGH sixteen years.
b. (1) The issuing officer shall not issue a HUNTING license [or stamp
which authorizes the holder to exercise the] WITH A BOW HUNTING privi-
lege [of hunting big game with a longbow] to any person unless the
applicant presents a New York state license [or stamp] which authorizes
the holder to exercise the privilege of hunting [big game] with a long-
bow issued in 1980 or later, an affidavit as provided in subparagraph 2
of paragraph a of this subdivision or a certificate of qualification in
responsible bowhunting practices issued or honored by the department.
(2) The issuing officer shall not issue a trapping license to any
person unless the applicant presents a trapping license issued to him OR
HER previously, an affidavit as provided in subparagraph 2 of paragraph
a of this subdivision or a certificate of qualification in responsible
trapping practices.
c. The issuing officer shall not issue a bowhunting [stamp] PRIVILEGE
or muzzle-loading [stamp] PRIVILEGE to any [resident] PERSON unless the
applicant presents a [junior] hunting license [if the licensee is at
least fourteen years old, or a small and big game, free sportsman, or
sportsman or resident super-sportsman license] issued to that person for
the corresponding license year.
a. A person who has lost or accidentally destroyed a license or
[stamp] PRIVILEGE authorizing the holder to hunt, fish, or trap may
apply to the officer who issued it for a certificate in lieu thereof.
Such officer shall issue a certificate stating the name and address of
the applicant, the type of license issued and the fee, if any, paid for
it. Applications and certificates furnished by the department shall be
used for this purpose.
b. A person who has lost or accidentally destroyed a [button or] tag
issued with such a license or [stamp] PRIVILEGE may apply to any license
issuing officer for a duplicate and the department shall issue a dupli-
cate [button or] tag when satisfied that the application is made in good
faith. [A duplicate free sportsman tag shall be issued free of charge.]
S 4. Subdivisions 1 and 2, and the opening paragraph of subdivision 3
of section 11-0715 of the environmental conservation law, subdivision 2
as amended by section 3 and the opening paragraph of subdivision 3 as
amended by section 4 of part KK of chapter 59 of the laws of 2009, are
amended to read as follows:
1. When any license or [stamp] PRIVILEGE listed in this section is
issued by the department or an officer or employee of the department,
the license fee is the amount specified in this section plus the amount,
if any, specified as a fee to the issuing clerk.
2. A member of the Shinnecock tribe or the Poospatuck tribe or a
member of the six nations, residing on any reservation wholly or partly
within the state, is entitled to receive free of charge a fishing
license, a [small and big game license, a sportsman] HUNTING license, a
muzzle-loading [stamp] PRIVILEGE, a trapping license, and a [bow hunting
stamp] BOWHUNTING PRIVILEGE; a resident of the state who is a member of
the United States armed forces in active service who is not stationed
within the state and has not been herein longer than thirty days on
leave or furlough, is entitled to receive free of charge a fishing
license, a [small and big game] HUNTING license, and a trapping license;
a resident of the state who is an active member of the organized militia
of the state of New York as defined by section one of the military law,
or the reserve components of the armed forces of the United States, and
excluding members of the inactive national guard and individual ready
A. 3008--C 32
reserve, is entitled to receive free of charge a fishing license, a
[small and big game] HUNTING license, and a trapping license; and a
resident who is blind is entitled to receive a fishing license free of
charge. For the purposes of this subdivision a person is blind only if
either: (a) his or her central visual acuity does not exceed 20/200 in
the better eye with correcting lenses, or (b) his or her visual acuity
is greater than 20/200 but is accompanied by a limitation of the field
of vision such that the widest diameter of the visual field subtends an
angle no greater than 20 degrees.
[A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive a sportsman license at the cost of ten dollars as a
license fee.]
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive a fishing license, [and] a trapping LICENSE, AND A HUNT-
ING license, at a cost of five dollars for each license.
A resident in the state for a period of thirty days immediately prior
to the date of application who has attained the age of seventy is enti-
tled to receive free of charge a bowhunting [stamp] PRIVILEGE and a
muzzle-loading [stamp] PRIVILEGE.
Each applicant for a license, permit or [stamp] PRIVILEGE shall pay to
the issuing officer a fee, according to the license, permit or [stamp]
PRIVILEGE issued and the residence or other qualification of the appli-
cant.
S 5. Paragraphs a, b, and c of subdivision 3 of section 11-0715 of the
environmental conservation law, as amended by section 4 of part KK of
chapter 59 of the laws of 2009, are amended to read as follows:
a. In the case of persons who [have been residents of the state for
more than thirty days immediately preceding the date of application or
who are enrolled in a full-time course at a college or university within
the state and who are in residence in the state for the school year,
Indians residing off reservations in the state and members of the United
States armed forces in active service stationed in this state regardless
of place of residence at the time of entry into service] MEET THE CRITE-
RIA SET FORTH IN PARAGRAPH C OF SUBDIVISION FOUR OF SECTION 11-0703 OF
THIS TITLE:
License Fee
(1) [Super-sportsman $88.00
(2) Trapper Super-sportsman $88.00
(3) Sportsman $47.00
(4) Small and big game $29.00]
(A) HUNTING $22.00
(B) HUNTING AGES FIFTEEN
AND UNDER $5.00
[(5)] (2) Fishing [$29.00] $25.00
[(6)] (3) Trapping $21.00
[(7) Small game $26.00]
[(8)] (4) Junior trapping $ 6.00
[(9)] (5) Muzzle-loading [stamp] [$21.00] $11.00
PRIVILEGE
[(10)] (6)(A) Bowhunting [stamp] [$21.00] $11.00
PRIVILEGE
(B) BOWHUNTING PRIVILEGE
AGES TWELVE THROUGH FIFTEEN $4.00
[(11)] (7) Turkey permit $10.00
A. 3008--C 33
[(12)] (8) Seven-day fishing [$15.00] $10.00
[(13) Conservation legacy $96.00
(14)] (9) One-day fishing $ 5.00
b. In the case of a non-resident and persons resident in the state for
less than thirty days[, other than persons who are enrolled in a full-
time course at a college or university within the state and who are in
residence in the state for the school year and those members of the
United States armed forces as to whom fees are specified in paragraph a
of this subdivision]:
License Fee
(1) [Big game](A) HUNTING [$140.00] $100.00
(B) HUNTING AGES FIFTEEN AND UNDER $5.00
(2) [Small game $85.00
(3)] Fishing [$70.00] $50.00
[(4)] (3) Seven-day fishing [$35.00] $25.00
[(5)] (4) Trapping $310.00
[(6) Super-sportsman $280.00
(7)] (5) (A) Bowhunting [$140.00] $30.00
PRIVILEGE
(B) BOWHUNTING PRIVILEGE AGES
TWELVE THROUGH FIFTEEN $4.00
[(8)] (6) Muzzle-loading [$140.00] $30.00
[(9)] (7) Bear tag $50.00
[(10)] (8) Turkey permit [$50.00] $20.00
[(11)] (9) One-day fishing [$15.00] $10.00
c. In all cases:
(1) Certificates in lieu of
lost license or [stamp] PRIVILEGE or tag $5.00
(2) Duplicate for lost or
destroyed permit[, button] or tag $10.00
[(3) Junior hunting license $ 5.00
(4) Junior archery license $ 9.00
(5) One-day fishing license $15.00
(6) Conservation patron license $12.00]
S 6. Paragraphs a, b, and c of subdivision 3 of section 11-0715 of the
environmental conservation law, as amended by section five of this act,
are amended to read as follows:
a. In the case of persons who meet the criteria set forth in paragraph
c of subdivision four of section 11-0703 of this title:
License Fee
(1) (a) Hunting [$22.00] $29.00
(b) Hunting ages fifteen
and under $5.00
(2) Fishing [$25.00] $29.00
(3) Trapping $21.00
(4) Junior trapping $ 6.00
(5) Muzzle-loading
privilege [$11.00] $21.00
(6)(a) Bowhunting privilege [$11.00] $21.00
(b) Bowhunting privilege
ages twelve through fifteen $4.00
(7) Turkey permit $10.00
(8) Seven-day fishing [$10.00] $15.00
(9) One-day fishing $ 5.00
b. In the case of a non-resident and persons resident in the state for
less than thirty days:
A. 3008--C 34
License Fee
(1)(a) Hunting [$100.00] $140.00
(b) Hunting ages fifteen and under $5.00
(2) Fishing [$50.00] $70.00
(3) Seven-day fishing [$25.00] $35.00
(4) Trapping $310.00
(5) (a) Bowhunting privilege [$30.00] $140.00
(b) Bowhunting privilege ages
twelve through fifteen $4.00
(6) Muzzle-loading [$30.00] $140.00
(7) Bear tag $50.00
(8) Turkey permit [$20.00] $50.00
(9) One-day fishing [$10.00] $15.00
c. In all cases:
(1) Certificates in lieu of
lost license or privilege or tag $5.00
(2) Duplicate for lost
or destroyed permit or tag $10.00
S 7. Subdivisions 4 and 6 of section 11-0715 of the environmental
conservation law, subdivision 4 as amended by section 5 of part KK of
chapter 59 of the laws of 2009, subdivision 6 as added by section 32 of
part F of chapter 82 of the laws of 2002, paragraph a of subdivision 6
as amended by chapter 344 of the laws of 2008, are amended to read as
follows:
4. A person, resident in the state for at least thirty days immediate-
ly prior to the date of application, who has been honorably discharged
from service in the armed forces of the United States and certified as
having a forty percent or greater service-connected disability is enti-
tled to receive all licenses, [stamps] PRIVILEGES, tags, [buttons,] and
permits authorized by this title for which he or she is eligible, except
turkey permits, renewable each year for a five dollar fee.
6. a. License issuing officers may retain 1.1 percent of the gross
proceeds from the sale of [the following:
(1) non-resident small game license
(2) non-resident big game license
(3) non-resident trapping license
(4) bear tag
(5) non-resident bowhunting license
(6) non-resident muzzle-loading license
(7) non-resident super-sportsman license
(8) non-resident turkey permit
(9)] all lifetime licenses listed in section 11-0702 of this title.
b. License issuing officers may retain 5.5 percent of the gross
proceeds from sale of all other license, [stamps] PRIVILEGES, certif-
icates and permits, including any application fees associated with such
licenses, [stamps,] PRIVILEGES, certificates and permits.
S 8. Paragraphs c, d and e of subdivision 1 of section 11-0907 of the
environmental conservation law, paragraph c as amended by section 38 and
paragraphs d and e as added by section 40 of part F of chapter 82 of the
laws of 2002, are amended to read as follows:
c. The limit for wild deer is one deer per person in a license year
except that (1) a person entitled to exercise the privileges of a
special antlerless deer license may take an antlerless deer while hunt-
ing pursuant to such license in addition to the limit of one deer in a
license year otherwise applicable, (2) a person who is a member of a
hunting group holding a deer management permit or permits issued pursu-
A. 3008--C 35
ant to section 11-0913 of this article may take additional deer while
hunting in accordance with the conditions of the permit or permits, (3)
the holder of a bowhunting [license or stamp] PRIVILEGE or a muzzle-
loading [license or stamp] PRIVILEGE may take up to two additional deer,
pursuant to regulations promulgated by the department, and (4) an eligi-
ble non-ambulatory person, pursuant to subdivision 2 of section 11-0931
of this article may take a deer of either sex in any wildlife management
unit area where deer management permits have been issued by the depart-
ment, while in possession of a valid HUNTING license [which authorizes
the holder to hunt big game]. Nothing contained in this section shall be
construed to limit the power of the department to designate by regu-
lation an area or areas of the state consisting of a county or part of a
county where such season shall apply and whether the number of such
special permits shall be limited.
d. (1) A person who holds licenses [or stamps] AND PRIVILEGES author-
izing the holder to hunt deer during a special archery season and the
regular open season and who has taken a deer by longbow in a special
archery season and who has not taken a deer in a regular open season
may, in addition to the limit of one deer in a license year otherwise
applicable, take during the same license year additional deer as speci-
fied by department regulation in a special archery season following the
close of the regular open deer season.
(2) A person who holds licenses [or stamps] AND PRIVILEGES authorizing
the holder to hunt deer during a special archery season and the regular
open season and who has taken a deer by longbow in the regular open
season for deer in Westchester or Suffolk counties may, in addition to
the limit of one deer in a license year otherwise applicable, take
during the same license year additional deer as specified by department
regulation during such Westchester or Suffolk county regular open deer
season.
e. A person who holds licenses [or stamps] AND PRIVILEGES authorizing
the holder to hunt deer during a special muzzle-loading season and the
regular open season and who has taken a deer by muzzle-loading firearm
in a muzzle-loading season and who has not taken a deer in a regular
open season may, in addition to the limit of one deer in a license year
otherwise applicable, take during the same year additional deer as spec-
ified by department regulation in a special muzzle-loading season
following the close of the regular deer season.
S 9. Paragraph c of subdivision 1 of section 11-0907 of the environ-
mental conservation law, as amended by section 39 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
c. The limit for wild deer and bear is one deer and one bear per
person in a license year except that (1) a person entitled to exercise
the privileges of a special antlerless deer license may take an antler-
less deer while hunting pursuant to such license in addition to the
limit of one deer in a license year otherwise applicable, (2) a person
who is a member of a hunting group holding a deer management permit or
permits issued pursuant to section 11-0913 of this article may take
additional deer while hunting in accordance with the conditions of the
permit or permits, (3) the holder of a bowhunting [license or stamp]
PRIVILEGE or a muzzle-loading [license or stamp] PRIVILEGE may take up
to two additional deer, pursuant to regulations promulgated by the
department, and (4) an eligible non-ambulatory person, pursuant to
subdivision 2 of section 11-0931 of this article may take a deer of
either sex in any wildlife management unit area where deer management
permits have been issued by the department, while in possession of a
A. 3008--C 36
valid HUNTING license [which authorizes the holder to hunt big game].
Nothing contained in this section shall be construed to limit the power
of the department to designate by regulation an area or areas of the
state consisting of a county or part of a county where such season shall
apply and whether the number of such special permits shall be limited.
S 10. Paragraph a of subdivision 3 of section 11-0907 of the environ-
mental conservation law, as amended by section 41 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
a. In every area identified in column one of the table set forth in
subdivision 2 of this section, except Westchester and Suffolk Counties
in which a regular open season for taking deer by firearms is estab-
lished and effective, a special open season is established for taking
deer of either sex, by the use of a long bow only by holders of a [small
and big game, sportsman, or free sportsman] HUNTING license [to which]
WITH a valid bowhunting [stamp is affixed or to holders of a junior
archery, resident or non-resident super-sportsman, or non-resident
bowhunting license] PRIVILEGE.
S 11. Paragraph a of subdivision 3 of section 11-0907 of the environ-
mental conservation law, as amended by section 42 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
a. In every area identified in column one of the table set forth in
subdivision 2 of this section, except Westchester and Suffolk Counties
in which a regular open season for taking deer by firearms is estab-
lished and effective, a special open season is established for taking
deer of either sex, and bear, by the use of a long bow only by holders
of a [small and big game, sportsman, or free sportsman] HUNTING license
[to which] WITH a valid bowhunting [stamp is affixed or to holders of a
junior archery, resident or non-resident super-sportsman, or non-resi-
dent bowhunting license] PRIVILEGE.
S 12. Paragraph a of subdivision 8 of section 11-0907 of the environ-
mental conservation law, as amended by section 45 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
a. In every area identified in column one of the table set forth in
subdivision 2 of this section, except those areas restricted to special
seasons for taking deer by longbow only, special open seasons may be
established by regulation for taking deer and/or bear, by the use of
muzzle-loading firearms, of not less than .44 caliber shooting a single
projectile, by the holders of a [small and big game, sportsman or free
sportsman] HUNTING license [to which] WITH a valid muzzle-loading [stamp
is affixed or to holders of a resident or non-resident super-sportsman,
or non-resident muzzle-loading license] PRIVILEGE.
S 13. Subdivision 7 of section 11-0913 of the environmental conserva-
tion law, as amended by section 6 of part KK of chapter 59 of the laws
of 2009, is amended to read as follows:
7. The department shall charge and receive a fee of ten dollars for
the application and the processing of such permit or permits. Applicants
who are successful in the computerized selection shall receive the
permit or permits free of any additional charge. The application fee
shall be non-refundable. The department may waive the application fee
for holders of a lifetime sportsman license existing as of October
first, two thousand nine[, junior archery license, resident super-
sportsman license, or junior hunting license] AND HOLDERS OF A HUNTING
LICENSE LESS THAN SIXTEEN YEARS OF AGE.
S 14. Section 11-0929 of the environmental conservation law, as
amended by chapter 344 of the laws of 2008, subdivision 5 as added by
chapter 25 of the laws of 2011, is amended to read as follows:
A. 3008--C 37
S 11-0929. Hunting by minors.
1. A licensee who is twelve or thirteen years of age shall not hunt
wildlife with a gun or a longbow unless he or she is accompanied by his
or her parent or legal guardian, or by a person twenty-one years of age
or older designated in writing by his or her parent or legal guardian on
a form prescribed by the department, who holds a HUNTING license [which
authorizes the holder to hunt wildlife].
2. A licensee who is fourteen or fifteen years of age shall not:
a. hunt wildlife with a gun or longbow, other than wild deer or bear
as provided in paragraph b of this subdivision, unless he or she is
accompanied by his or her parent or legal guardian holding a HUNTING
license [which authorizes the holder to hunt wildlife], or by a person
eighteen years of age or older, designated in writing by his or her
parent or legal guardian, holding such license;
b. hunt wild deer or bear with a gun unless:
(1) he or she is accompanied by his or her parent or a legal guardian,
or a youth mentor who is twenty-one years of age or older designated in
writing by the parent or legal guardian of the licensee on a form
prescribed by the department; and
(2) such parent, guardian or youth mentor has had at least three years
of experience in hunting big game; and
(3) such parent, guardian or youth mentor holds a HUNTING license
[which authorizes the holder to hunt big game]; and
(4) such parent, guardian or youth mentor maintains physical control
over the minor he or she is accompanying at all times while hunting; and
(5) such parent, guardian or youth mentor and the minor he or she is
accompanying remain at ground level at all times while hunting; and
(6) such parent, guardian or youth mentor and the minor he or she is
accompanying shall each display either a minimum total of two hundred
fifty square inches of solid fluorescent orange or patterned fluorescent
orange consisting of no less than fifty percent fluorescent orange mate-
rial worn above the waist and visible from all directions, or a hat or
cap with no less than fifty percent of the exterior consisting of solid
fluorescent orange material and visible from all directions. For
purposes of this paragraph, "physical control" shall mean that the phys-
ical proximity of the minor to the parent, guardian or youth mentor is
such that the parent, guardian or youth mentor is reasonably able to
issue verbal directions and instructions, maintain constant visual
contact, and otherwise provide guidance and supervision to the minor.
3. A licensee who is sixteen or seventeen years of age and who has not
previously had a license which authorizes the holder to hunt big game
issued to him or her and engaged in hunting pursuant to it shall not
hunt deer or bear unless he or she is accompanied by his or her parent
or legal guardian, or by a person designated in writing by his or her
parent or legal guardian on a form prescribed by the department and who
is eighteen years of age or older and who has had at least one year's
experience in hunting deer or bear, and such accompanying parent, guard-
ian or person holds a HUNTING license [which authorizes the holder to
hunt big game].
4. A [junior archery] HUNTING licensee WITH A BOWHUNTING PRIVILEGE,
who is fourteen or fifteen years of age, shall not hunt deer or bear
unless he or she is accompanied by his or her parent or legal guardian,
or by a person designated in writing by his or her parent or legal guar-
dian on a form prescribed by the department who is eighteen years of age
or older and who has had at least one year's experience in hunting deer
or bear by longbow, and such accompanying parent, guardian or person
A. 3008--C 38
holds a HUNTING license [which authorizes the holder to hunt big game
during a special archery season and the regular open season] WITH A
BOWHUNTING PRIVILEGE.
5. A [junior archery] HUNTING licensee WITH A BOWHUNTING PRIVILEGE,
who is twelve or thirteen years of age, shall not hunt deer or bear
unless:
(a) he or she is accompanied by his or her parent or legal guardian,
or by a person designated in writing by his or her parent or legal guar-
dian on a form prescribed by the department who is twenty-one years of
age or older and
(b) such parent, guardian or person has had at least three year's
experience in hunting deer or bear by longbow and
(c) such parent, guardian or person holds a HUNTING license [that
authorizes the holder to hunt big game] and
(d) such parent, guardian or person maintains physical control over
the minor he or she is accompanying at all times while hunting. For the
purposes of this paragraph "physical control" shall mean that the phys-
ical proximity of the minor to the parent, guardian or person is such
that the parent, guardian or person is reasonably able to issue verbal
directions and instructions, maintain constant visual contact, and
otherwise provide guidance and supervision to the minor.
S 15. Subdivision 1 of section 13-0355 of the environmental conserva-
tion law, as amended by section 1 of part AA of chapter 60 of the laws
of 2011, is amended to read as follows:
1. Definitions of registrations; privileges. A recreational marine
fishing registration entitles the holder who is sixteen years of age or
older to take fish from the waters of the marine and coastal district
and to take migratory fish of the sea from all waters of the state,
except as provided in sections 13-0333 and 13-0335 of this title. A
recreational marine fishing registration is effective for [a registra-
tion year beginning January first and ending December thirty-first] ONE
YEAR FROM THE DATE IT WAS ISSUED.
S 16. Section 9 of part AA of chapter 60 of the laws of 2011, amending
the environmental conservation law relating to saltwater recreational
fishing registrations, is amended to read as follows:
S 9. This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2013].
S 17. Subdivisions 1 and 2 of section 11-0702 of the environmental
conservation law, subdivision 1 as amended by section 2 of part AA of
chapter 60 of the laws of 2011 and subdivision 2 as amended by section
18 of part F of chapter 82 of the laws of 2002, are amended to read as
follows:
1. There are hereby created the following lifetime hunting, fishing,
trapping, archery and muzzle-loading [licenses] PRIVILEGES and fees
therefor subject to the same privileges and obligations of a comparable
short term license:
Licenses Fees
a. Lifetime [sportsman license]
HUNTING AND FISHING LICENSE and turkey
permit. If purchased,
for a child four years
of age or younger $380.00
for a child age five through
eleven years of age $535.00
A. 3008--C 39
for a person age twelve through
sixty-nine years of age $765.00
for a person age seventy
and over. $65.00
b. Lifetime [small and
big game] HUNTING license. $535.00
c. Lifetime fishing
license for a person age
sixty-nine or younger. $460.00
d. Lifetime fishing license
for a person age seventy
and over. $ 65.00
e. Lifetime trapping
license. $395.00
f. Lifetime archery
[stamp] PRIVILEGE. $235.00
g. Lifetime muzzle-
loading [stamp] PRIVILEGE. $235.00
[j.] H. For transfer to a person pursuant
to section 11-0704 of this title $50.00
The holder of a lifetime [small and big game] HUNTING license or LIFE-
TIME fishing license may, at any time, convert such license to a life-
time [sportsman] license [and turkey permit] PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION for an additional fee equal to the [existing differen-
tial] DIFFERENCE BETWEEN THE CURRENT FEE FOR THE NEW LICENSE AND THE FEE
ORIGINALLY PAID FOR THE LICENSE.
2. Legal residency within the state of New York shall be a prerequi-
site for persons to obtain, or have obtained for them, any lifetime
licenses included within this section. Lifetime licenses so obtained
shall continue to be valid for use within the state by the person to
whom the lifetime license was issued, regardless of a change in residen-
cy of that lifetime license holder. Holders of lifetime HUNTING licenses
[which include lifetime big game privileges] who become non-residents of
the state may continue to obtain resident bowhunting and muzzle-loading
[stamps] PRIVILEGES, including lifetime archery and muzzle-loading
[stamps] PRIVILEGES. Holders of lifetime [licenses which include]
bowhunting and muzzle-loading privileges who become non-residents of the
state may continue to obtain resident [big game] HUNTING privileges,
including lifetime [sportsman or small and big game] licenses WITH HUNT-
ING AND FISHING PRIVILEGES. [An annual turkey permit will be granted at
no additional fee as an additional privilege of all existing lifetime
sportsman licenses.] Possession of lifetime licenses is nontransferable.
S 18. The section heading of section 11-0707 of the environmental
conservation law is amended to read as follows:
Exemptions from requirement of hunting, [big game,] fishing and trapping
licenses.
S 19. Subdivision 5 of section 11-1911 of the environmental conserva-
tion law, as amended by chapter 57 of the laws of 1993, is amended to
read as follows:
5. The holder of [a] ANY TYPE OF fishing[, three-day or five-day fish-
ing, combination free hunting-big game hunting-fishing or combined resi-
dent hunting, fishing and big game license or combined non-resident
hunting, fishing, big game, bowhunting and muzzle-loading] license, or a
person entitled to exercise the privileges of such a license, may, with
the permission of the licensee, take fish by angling from the licensed
pond provided the holder complies with the provisions of title 13 of the
A. 3008--C 40
Fish and Wildlife Law, with respect to open seasons, minimum size limits
and daily and seasonal possession limits.
S 20. Subdivision 8 of section 71-0921 of the environmental conserva-
tion law, as amended by chapter 595 of the laws of 1984, is amended to
read as follows:
8. Making a false statement in applying for a license, [stamp] PRIVI-
LEGE or permit under the Fish and Wildlife Law, or for a certificate in
lieu of a lost license or [stamp] PRIVILEGE or a duplicate [big game]
HUNTING license tag under title 7 of article 11 of this chapter. Each
such misdemeanor shall be punishable by imprisonment for not more than
three months, or by a fine of not more than two hundred dollars, or by
both such imprisonment and fine. In addition, the department may imme-
diately revoke the license, [stamp] PRIVILEGE, permit or certificate for
which application was made for the remainder of its effective term.
S 21. Paragraph (a) of subdivision 3 of section 11-0327 of the envi-
ronmental conservation law, as amended by section 4 of part F of chapter
82 of the laws of 2002, is amended to read as follows:
(a) To review the allocations and expenditures of the department for
fish and wildlife purposes as provided in section 11-0303 of this title
and report to the commissioner by November fifteenth of each year. To
assist the board in its review, the department shall by September first
of each year make available to the board, the governor and the legisla-
ture current and anticipated income and expenditures for the fish and
wildlife programs, including planned expenditures by time and activity
code for the next fiscal year. Such report shall include the findings of
the advisory board regarding such allocations and expenditures, includ-
ing expenditures and appropriations from the conservation fund and the
extent to which such expenditures and appropriations are consistent with
the requirements of state law. The report shall also include recommended
maximum annual fees for the licenses and [stamps] BOWHUNTING AND/OR
MUZZLE-LOADING PRIVILEGES identified in subdivision 3 of section 11-0715
of this article. In recommending such fees the board shall consider
economic indicators, the status of the conservation fund, and such
program indicators as it may deem appropriate. The commissioner shall
submit such report, in its entirety, to the governor and the legisla-
ture.
S 22. Section 11-0705 of the environmental conversation law, the
section heading, paragraph a of subdivision 1 and subdivision 3 as
amended by chapter 57 of the laws of 1993, paragraph b of subdivision 1
as amended by chapter 189 of the laws of 1992, paragraphs a, b and d of
subdivision 2 as amended by section 24 of part F of chapter 82 of the
laws of 2002, is amended to read as follows:
S 11-0705. Failure to carry license, tag or [stamp] BOWHUNTING AND/OR
MUZZLE-LOADING PRIVILEGES.
1. a. The holder of a license, tag [or stamp], BOWHUNTING PRIVILEGE OR
MUZZLE-LOADING PRIVILEGE defined in section 11-0701 OF THIS TITLE shall:
(1) have such license, tag or [stamp] PRIVILEGE on the holder's person
while exercising any privilege of that license stated in section 11-0701
OF THIS TITLE, or while assisting or accompanying a minor in hunting as
provided in section 11-0929 OF THIS ARTICLE, and
(2) if a [stamp] BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE is
required to be affixed to the license it shall be so affixed; and
b. shall exhibit it on demand to any police officer, peace officer or
owner, lessee or person in control of the lands or waters or the desig-
nees of the owner, lessee or person in control of the lands or waters on
which the license holder is present[; and
A. 3008--C 41
c. if a button was issued with the license he shall wear such button
in plain sight].
2. a. Holders of a HUNTING license [which authorizes the holder to
hunt wildlife other than big game,] while exercising the privileges of
such license, shall have the back tag issued with their license attached
to and displayed on the back of the outer garment between the shoulders
in such manner that all figures are plainly visible at all times.
b. [Holders of a license which authorizes the holder to hunt big game,
while hunting wild deer or bear, shall have the back tag issued with
their license so attached and displayed.
c.] The license tag for the current year only shall be displayed.
[d.] C. Notwithstanding the provisions of paragraphs a[,] AND b [and
c] of this subdivision, a license holder shall not be required to
display such license tag in the Northern Zone or the Catskill Park.
3. Failure of a licensee to have the holder's license, tag or license
with [stamp] BOWHUNTING AND/OR MUZZLE-LOADING PRIVILEGE affixed, on the
holder's person while exercising any BOWHUNTING OR MUZZLE-LOADING privi-
lege [of the license], AND tag or license [and stamp, and to wear in
plain sight any button issued with the license while so doing], is
presumptive evidence that the holder is hunting, fishing or trapping, as
the case may be, without holding the license, tag or license and [stamp]
BOWHUNTING OR MUZZLE-LOADING PRIVILEGE required by subdivision 6 of
section 11-0703 OF THIS TITLE.
S 23. Section 11-0706 of the environmental conservation law, as added
by section 1 of part FF of chapter 58 of the laws of 2012, is amended to
read as follows:
S 11-0706. Gift cards for hunting and fishing licenses.
1. The commissioner is authorized to establish gift cards for the
licenses and [stamps] BOWHUNTING AND MUZZLE-LOADING PRIVILEGES set forth
in section 11-0701 of this title.
2. For the purposes of this title, the term "gift card" shall mean a
restricted monetary equivalent or voucher that, when redeemed by the
holder, entitles such person to a valid license or [stamp] BOWHUNTING
AND/OR MUZZLE-LOADING PRIVILEGE as set forth in section 11-0701 of this
title.
S 24. Subdivision 13 of section 11-0901 of the environmental conserva-
tion law, as added by chapter 486 of the laws of 1985, is amended to
read as follows:
13. Persons engaged in hunting deer and/or bear with a longbow must
possess a current bowhunting [stamp] PRIVILEGE or a valid certificate of
qualification in responsible bowhunting practices issued or honored by
the department.
S 25. Subdivision 6 of section 11-0931 of the environmental conserva-
tion law, as amended by chapter 97 of the laws of 1978, is amended to
read as follows:
6. No person while engaged in hunting deer or bear pursuant to a
bowhunting [stamp] PRIVILEGE, and no person accompanying him OR HER or a
member of his OR HER party, while he OR SHE is so engaged during a
special longbow season, shall have in his OR HER possession a firearm of
any kind, and no person while engaged in hunting deer or bear pursuant
to a muzzle-loading [stamp] PRIVILEGE, and no person accompanying him OR
HER or a member of his OR HER party, while he OR SHE is so engaged
during a special muzzle-loading firearm season, shall have in his OR HER
possession a firearm of any kind other than a muzzle-loading firearm.
A. 3008--C 42
S 26. Subdivision 4 of section 11-1201 of the environmental conserva-
tion law, as amended by section 52 of part F of chapter 82 of the laws
of 2002, is amended to read as follows:
4. "License to hunt", ["stamp to hunt",] or "permit to hunt" means any
license, permit, or other privilege granted pursuant to section 11-0701
of this article which authorizes the holder to hunt wildlife.
S 27. Paragraph a of subdivision 1 of section 11-0719 of the environ-
mental conservation law, as amended by chapter 176 of the laws of 1987,
is amended to read as follows:
a. In the circumstances described in paragraph b OF THIS SUBDIVISION
the department may revoke any license [or stamp], BOWHUNTING PRIVILEGE,
OR MUZZLE-LOADING PRIVILEGE, of any person, to hunt, fish or trap,
defined in section 11-0701 OF THIS TITLE or issued pursuant to any
provision of [the Fish and Wildlife Law] THIS ARTICLE, or it may revoke
all of such licenses [or stamps], BOWHUNTING PRIVILEGES, OR MUZZLE-LOAD-
ING PRIVILEGES. It may also deny such person, for a period not exceed-
ing five years, the privilege of obtaining such license or licenses [or
stamp or stamps], BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVILEGE, or
of hunting, trapping or fishing, anywhere in the state with or without
license [or stamp], BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVILEGE,
except as provided in subdivision 1 of section 11-0707 OF THIS TITLE or
in section 11-0523 OF THIS ARTICLE. It may also require that such person
successfully complete a department-sponsored course and obtain a certif-
icate of qualification in responsible hunting, responsible bowhunting or
responsible trapping practices before being issued another license.
S 28. Subdivision 2 of section 11-0719 of the environmental conserva-
tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
opening paragraph of paragraph a as amended by section 33 of part F of
chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
the laws of 1975, paragraph c as amended by chapter 176 of the laws of
1987, and paragraph d as amended by chapter 595 of the laws of 1984, is
amended to read as follows:
2. a. The department may revoke the licenses, tags, [and stamps]
BOWHUNTING PRIVILEGES, OR MUZZLE-LOADING PRIVILEGES, which authorize the
holder to hunt and/or trap wildlife, and may deny the privilege of
obtaining such licenses, tags, [and stamps] BOWHUNTING PRIVILEGES, OR
MUZZLE-LOADING PRIVILEGES, and may deny the privileges of hunting and/or
trapping with or without a license.
(1) of any person who, while engaged in hunting or trapping,
(i) causes death or injury to another by discharging a firearm or
longbow, or
(ii) so negligently discharges a firearm or longbow as to endanger the
life or safety of another, or
(iii) so negligently and wantonly discharges a firearm or longbow as
to destroy or damage public or private property; or
(2) of any agent of the department authorized to issue certificates of
qualification in responsible hunting, bowhunting, or trapping practices
who improperly issues any such certification to a person whom he has not
trained, or whom he knows has not satisfactorily completed all of the
requirements necessary for such certification.
b. Action by the department resulting in the revocation of such
license or denial of the privilege to hunt and trap as provided in this
subdivision shall be only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him and concurred in by the commissioner. Provided
A. 3008--C 43
that where a person, while hunting, causes death or injury to any person
by discharge of a firearm or longbow, the commissioner may, in his
discretion, suspend such person's license or licenses to hunt and
suspend such person's right to hunt without a license for a period of up
to sixty days pending a hearing as provided for in this subdivision.
c. In case such discharge of a firearm or longbow causes death or
injury to another, the license or licenses, BOWHUNTING PRIVILEGE, AND
MUZZLE-LOADING PRIVILEGE shall be revoked and the [privilege of obtain-
ing] ABILITY TO OBTAIN any such license and of hunting or of trapping
anywhere in the state with or without a license denied, for a period not
exceeding ten years, except that no revocation shall be made in cases in
which facts established at the hearing indicate to the satisfaction of
the commissioner that there was no negligence on the part of the shooter
or bowman. In all other cases the license or licenses, BOWHUNTING PRIVI-
LEGE, OR MUZZLE-LOADING PRIVILEGE, shall be revoked and the privilege of
obtaining such license, BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVI-
LEGE, and of hunting or of trapping anywhere in the state with or with-
out a license denied for a period not exceeding five years. The depart-
ment may also require that the person causing such death or injury
successfully complete a department-sponsored course and obtain a certif-
icate of qualification in responsible hunting or bowhunting practices
before being issued another hunting license.
d. Every person injuring himself, herself or another person in a hunt-
ing accident, as such term is defined in subdivision 25 of section
11-0103 of this [chapter] ARTICLE, and the investigating law enforcement
officer summoned to or arriving at the scene of such accident shall
within ten days from the occurrence of such accident file a report of
the accident in writing with the department. Every such person or law
enforcement officer shall make such other and additional reports as the
department shall require. Failure to report such accident as herein
provided by the person causing injury or to furnish relevant information
required by the department shall be a violation and shall constitute
grounds for suspension or revocation of such person's hunting licenses
AND BOWHUNTING AND MUZZLE-LOADING PRIVILEGES and denial of the [privi-
lege of obtaining] ABILITY TO OBTAIN any such license and of hunting
with or without a license following a hearing or opportunity to be
heard. In addition, the department may temporarily suspend the license
of the person failing to report a hunting accident within the period
prescribed herein until such report has been filed. In the case of a
non-resident, the failure to report an accident as herein provided shall
constitute grounds for suspension or revocation of his or her privileges
of hunting within this state. The report required by this section shall
be made in such form and number as the department may prescribe.
S 29. Subdivisions 3 and 5 of section 11-0719 of the environmental
conservation law, subdivision 3 as amended by chapter 25 of the laws of
2011, are amended to read as follows:
3. A [junior] hunting license issued to a person who is at least
twelve and less than sixteen years of age or a [junior archery license]
HUNTING LICENSE WITH BOWHUNTING PRIVILEGE issued to a person who is
between the ages of twelve and sixteen years may be revoked by the
department upon proof satisfactory to the department that such person,
while under the age of sixteen, has engaged in hunting wildlife with a
gun or longbow, in circumstances in which a license AND/OR BOWHUNTING OR
MUZZLE-LOADING PRIVILEGE is required, while not accompanied by his or
her parent, guardian or other adult as provided in section 11-0929 of
this article. If such license or privilege is revoked the department
A. 3008--C 44
shall fix the period of such revocation, which is not to exceed six
years. The department may require that such person successfully complete
a department sponsored course and obtain a certificate of qualification
in responsible hunting or responsible bowhunting practices before being
issued another hunting or bowhunting license.
5. When the department has revoked a license, or has denied to any
person the [privilege of obtaining] ABILITY TO OBTAIN a license, or of
hunting, trapping or fishing without a license, it shall cause the fact
of such revocation or denial, or both, as the case may be, and the terms
and extent thereof, to be entered in the minutes of the department, and
shall forthwith send a written notice of its action as so entered in the
minutes to the person affected, at his last known address, either by
registered or certified mail or by delivery personally by a represen-
tative of the department. Within five days after service of such notice,
such person shall deliver to the department the license or licenses
revoked, together with any [buttons or] tags issued in connection with
them. If the license was one entitling the holder to [the privilege of
several licenses,] A BOWHUNTING OR MUZZLE-LOADING PRIVILEGE and the
revocation concerned some but not all of such privileges, any license,
[button] or tag so delivered shall be returned by the department to the
person to whom it was issued, appropriately marked or stamped to show
the extent to which it is revoked.
S 30. Subdivisions 3, 4, and 5 of section 11-1205 of the environmental
conservation law, as added by chapter 726 of the laws of 1977, are
amended to read as follows:
3. If such person, having been placed under arrest or after a breath
test indicates the presence of alcohol in his system and having there-
after been requested to submit to chemical test, refuses to submit to
such chemical test, the test shall not be given, and a report of such
refusal shall be forwarded by the officer under whose direction the test
was requested to the department of environmental conservation within
seventy-two hours and the department shall revoke all licenses, [stamps]
BOWHUNTING PRIVILEGES, MUZZLE-LOADING PRIVILEGES, and permits to hunt
which such person may possess; provided, however, that such revocation
shall become effective only after a hearing held by the department upon
notice to such person, unless such hearing is waived by such person.
4. A license, [stamp] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE,
or permit to hunt may, upon the basis of a report, verified as herein-
after provided, of the administering officer that he had reasonable
grounds to believe such person to have been engaged in conduct in
violation of any subdivision of section 11-1203 of this title and that
said person had refused to submit to such test, be temporarily suspended
without notice pending the determination upon any such hearing. Such
report may be verified by having the report sworn to, or by affixing to
such report a form notice that false statements made therein are punish-
able as a class A misdemeanor pursuant to section 210.45 of the penal
law and such form notice together with the signature of the deponent
shall constitute a verification of the report.
5. No license, [stamp] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE,
or permit to hunt shall be revoked because of a refusal to submit to
such chemical test if the hearing officer is satisfied that the person
requested to submit to such chemical test had not been warned prior to
such refusal to the effect that a refusal to submit to such chemical
test may result in the revocation of such license, [stamp] BOWHUNTING
PRIVILEGE, MUZZLE-LOADING PRIVILEGE, or permit to hunt whether or not he
is found guilty of the charge for which he has been arrested.
A. 3008--C 45
S 31. Subdivision 3 of section 11-1209 if the environmental conserva-
tion law, as added by chapter 726 of the laws of 1977, is amended to
read as follows:
3. Notwithstanding any provision in section 11-1205 of this title, the
department [of environmental conservation] may revoke, for a period not
exceeding two years, any or all licenses, [stamps] BOWHUNTING PRIVI-
LEGES, MUZZLE-LOADING PRIVILEGES, or permits to hunt of any person who
violates any subdivision of section 11-1203 of this title. Action by the
department resulting in such revocation shall become effective only
after a hearing held by the department upon notice to such person, at
which proof of facts indicating the violation is established to the
satisfaction of the commissioner, or of the hearing officer and
concurred in by the commissioner. A person whose license to hunt has
been revoked as provided in this subdivision is ineligible for such
license during the period determined by the department as provided in
this section. No such person shall, during such period, procure any
license for which he is ineligible. No person shall without license hunt
or trap during any period in which the privilege to do so has been
denied him by the department as provided in this section. When the
department has revoked a license, or has denied to any person the [priv-
ilege of obtaining] ABILITY TO OBTAIN a license, it shall cause the fact
of such revocation or denial, or both, as the case may be, and the terms
and extent thereof, to be entered in the minutes of the department, and
shall forthwith send a written notice of its action as so entered in the
minutes to the person affected, at his last known address, either by
registered or certified mail or by delivery personally by a represen-
tative of the department. Within five days after service of such notice,
such person shall deliver to the department the license or licenses
revoked, together with any [buttons] BOWHUNTING PRIVILEGES, MUZZLE-LOAD-
ING PRIVILEGES or tags issued in connection with them. If the license
was one entitling the holder to the privilege of several licenses, and
the revocation concerned some but not all of such privileges, any
license, [button] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE or tag
so delivered shall be returned by the department to the person to whom
it was issued, appropriately marked or stamped to show the extent to
which it is revoked.
S 32. This act shall take effect February 1, 2014; provided, however,
that the amendments to paragraph c of subdivision 1 of section 11-0907
of the environmental conservation law made by section eight of this act
and the amendments to paragraph a of subdivision 3 of section 11-0907 of
the environmental conservation law made by section ten of this act shall
not affect the expiration of such paragraphs pursuant to section 13 of
chapter 600 of the laws of 1993, as amended, when upon such date
sections nine and eleven of this act shall take effect, provided
further, that the amendments to section 9 of part AA of chapter 60 of
the laws of 2011 made by section sixteen of this act shall take effect
immediately; and provided further that section six of this act shall
take effect April 1, 2017.
PART S
Section 1. Legislative findings. The legislature hereby finds and
determines:
1. In 2011 and 2012, three storms of enormous magnitude - Hurricane
Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York,
causing billions of dollars of damage to roads, buildings and other
A. 3008--C 46
infrastructure. The three storms collectively resulted in millions of
residential, business and industrial customers of electric utilities
losing electricity for extended periods of time.
2. Each of these storms caused, among other things, a disruption in
the distribution and supply of motor fuels, and in the case of Super-
storm Sandy, motorists were unable to obtain routine supplies of fuel
for several weeks.
3. In addition, temporary fuel distribution disruptions associated
with the aftermath of a storm can result in emergency vehicles and
responders unable to adequately address ongoing public safety and health
emergencies, delay an appropriate response to infrastructure damages
caused by a storm, and otherwise disrupt commerce in the state due to
difficulty to obtain readily available motor fuels.
4. On November 15, 2012, in response to Superstorm Sandy, Governor
Andrew M. Cuomo announced the creation of the NYS Ready Commission and
tasked it with finding ways to ensure critical systems and services are
prepared for future natural disasters and other emergencies. As related
to this act, the Commission was tasked with addressing vulnerabilities
in the state's energy systems.
5. The NYS Ready Commission recommended, among other things, to
require that retail gasoline outlets located in strategic locations have
on-site back-up power capacity to ensure that such outlets can continue
fuel sales operations during a long-term electric outage. The purpose of
this act is to ensure that the state is better situated in the future to
address the temporary disruption of retail fuel supplies.
S 2. The agriculture and markets law is amended by adding a new
section 192-h to read as follows:
S 192-H. ALTERNATE GENERATED POWER SOURCE AT RETAIL GASOLINE OUTLETS.
1. DEFINITIONS. WHEN USED IN THIS SECTION:
(A) "ALTERNATE GENERATED POWER SOURCE" MEANS ELECTRIC GENERATING
EQUIPMENT THAT IS OF A CAPACITY THAT IS CAPABLE OF PROVIDING ADEQUATE
ELECTRICITY TO OPERATE ALL DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY
SYSTEMS AND PAYMENT-ACCEPTANCE EQUIPMENT LOCATED AT A RETAIL OUTLET AND
WHICH CAN OPERATE INDEPENDENT OF THE LOCAL ELECTRIC UTILITY DISTRIBUTION
SYSTEM AND PROVIDE ELECTRICITY DURING A GENERAL POWER OUTAGE OR DECLARED
FUEL SUPPLY ENERGY EMERGENCY TO OPERATE THE SYSTEMS NAMED HEREIN.
(B) "CHAIN OF RETAIL OUTLETS" MEANS A NETWORK OF SUBSIDIARIES, AFFIL-
IATES OR OTHER RETAIL OUTLETS, UNDER DIRECT OR INDIRECT COMMON CONTROL,
WITH TEN OR MORE RETAIL OUTLETS LOCATED IN A SINGLE REGION; PROVIDED,
HOWEVER THAT THIS TERM DOES NOT INCLUDE ANY FRANCHISOR OF THE BRAND OF
MOTOR FUEL BEING SOLD AT SUCH OUTLET.
(C) "CONTROLLED ACCESS HIGHWAY" MEANS EVERY HIGHWAY, STREET, OR ROAD-
WAY IN RESPECT TO WHICH OWNERS OR OCCUPANTS OF ABUTTING LANDS AND OTHER
PERSONS HAVE NO LEGAL RIGHT OF ACCESS TO OR FROM THE SAME EXCEPT AT SUCH
POINTS ONLY AND IN SUCH MANNER AS MAY BE DETERMINED BY THE PUBLIC
AUTHORITY HAVING JURISDICTION OVER SUCH HIGHWAY, STREET, OR ROADWAY.
(D) "DIESEL MOTOR FUEL" MEANS ANY FUEL SOLD IN THIS STATE AND FOR USE
IN DIESEL ENGINES WHICH IS COMMERCIALLY KNOWN OR OFFERED FOR SALE AS
DIESEL MOTOR FUEL.
(E) "DISPENSER" MEANS A DEVICE LOCATED AT A RETAIL OUTLET THAT IS USED
TO PUMP MOTOR FUEL FROM AN ABOVE-GROUND OR UNDERGROUND STORAGE TANK INTO
A MOTOR VEHICLE.
(F) "EVACUATION ROUTE" MEANS THOSE ROADS DESIGNATED BY EACH COUNTY
THAT ARE TO BE USED BY MOTORISTS IN CASE OF A HURRICANE OR OTHER NATURAL
DISASTER.
A. 3008--C 47
(G) "GASOLINE" MEANS ANY FUEL SOLD IN THIS STATE FOR USE IN INTERNAL
COMBUSTION ENGINES WHICH IS COMMERCIALLY KNOWN OR OFFERED FOR SALE AS
GASOLINE, WHETHER OR NOT BLENDED WITH ETHANOL OR OTHER CHEMICALS.
(H) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT, INCLUDING ANY GASOLINE
OR DIESEL MOTOR FUEL, WHICH IS USED FOR THE PROPULSION OF MOTOR VEHI-
CLES.
(I) "REGION" MEANS EACH OF THE FOLLOWING REGIONS OF THE STATE:
(1) CAPITAL REGION: INCLUDES ALBANY, COLUMBIA, GREENE, RENSSELAER,
SARATOGA, SCHENECTADY, WARREN AND WASHINGTON COUNTIES.
(2) CENTRAL NEW YORK REGION: INCLUDES CAYUGA, CORTLAND, MADISON, ONON-
DAGA AND OSWEGO COUNTIES.
(3) FINGER LAKES REGION: INCLUDES GENESEE, LIVINGSTON, MONROE, ONTAR-
IO, ORLEANS, SENECA, WAYNE, WYOMING AND YATES COUNTIES.
(4) LONG ISLAND REGION: INCLUDES NASSAU AND SUFFOLK COUNTIES.
(5) MID-HUDSON REGION: INCLUDES DUTCHESS, ORANGE, PUTNAM, ROCKLAND,
SULLIVAN, ULSTER AND WESTCHESTER COUNTIES.
(6) MOHAWK VALLEY REGION: INCLUDES FULTON, HERKIMER, MONTGOMERY, ONEI-
DA, OTSEGO AND SCHOHARIE COUNTIES.
(7) NEW YORK CITY REGION: INCLUDES BRONX, KINGS, NEW YORK, QUEENS AND
RICHMOND COUNTIES.
(8) NORTH COUNTRY REGION: INCLUDES CLINTON, ESSEX, FRANKLIN, HAMIL-
TON, JEFFERSON, LEWIS AND ST. LAWRENCE COUNTIES.
(9) SOUTHERN TIER REGION: INCLUDES BROOME, CHEMUNG, CHENANGO, DELA-
WARE, SCHUYLER, STEUBEN, TIOGA AND TOMPKINS COUNTIES.
(10) WESTERN NEW YORK REGION: INCLUDES ALLEGANY, CATTARAUGUS, CHAUTAU-
QUA, ERIE AND NIAGARA COUNTIES.
(J) "RETAILER" SHALL MEAN ANY PERSON WHO OWNS, LEASES, OPERATES, OR
CONTROLS A RETAIL OUTLET THAT IS SUBJECT TO THE REQUIREMENTS OF SUBDIVI-
SION TWO OF THIS SECTION.
(K) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING ALL LAND, IMPROVEMENTS
AND ASSOCIATED STRUCTURES AND EQUIPMENT, THAT DISPENSES MOTOR FUEL FOR
SALE TO THE GENERAL PUBLIC.
(L) "SUBSTANTIAL IMPROVEMENT" MEANS ANY REPAIR, RECONSTRUCTION, REHA-
BILITATION, ADDITION OR IMPROVEMENT OF A RETAIL OUTLET, THE COST OF
WHICH EQUALS OR EXCEEDS FIFTY PERCENT OF THE MARKET VALUE OF THE RETAIL
OUTLET BEFORE THE IMPROVEMENT OR REPAIR IS STARTED.
2. PREWIRING AND TRANSFER SWITCH. (A) EACH RETAIL OUTLET FOR WHICH A
BUILDING PERMIT IS ISSUED ON OR AFTER MARCH FIRST, TWO THOUSAND FOURTEEN
FOR A SUBSTANTIAL IMPROVEMENT OR NEW CONSTRUCTION, SHALL BE PREWIRED
WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE GENERATED
POWER SOURCE CAPABLE OF PROVIDING ADEQUATE ELECTRICITY TO OPERATE ALL
DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY SYSTEMS, AND PAYMENT-AC-
CEPTANCE EQUIPMENT AT EACH SUCH RETAIL OUTLET.
(B) EACH RETAIL OUTLET IN OPERATION PRIOR TO MARCH FIRST, TWO THOUSAND
FOURTEEN SHALL BE PREWIRED WITH AN APPROPRIATE TRANSFER SWITCH FOR USING
AN ALTERNATE GENERATED POWER SOURCE AT SUCH RETAIL OUTLET ACCORDING TO
THE FOLLOWING SCHEDULE:
(I) EACH RETAIL OUTLET IN OPERATION ON THE EFFECTIVE DATE OF THIS
SECTION THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASUREMENT, EXCLU-
SIVE OF THE EXIT ROAD, FROM AN EVACUATION ROUTE OR CONTROLLED ACCESS
HIGHWAY SHALL BE PREWIRED BY NO LATER THAN MARCH FIRST, TWO THOUSAND
FOURTEEN;
(II) EACH RETAIL OUTLET BEGINNING OPERATION AFTER THE EFFECTIVE DATE
OF THIS SECTION AND BEFORE MARCH FIRST, TWO THOUSAND FOURTEEN THAT IS
LOCATED WITHIN ONE-HALF MILE BY ROAD MEASUREMENT, EXCLUSIVE OF THE EXIT
A. 3008--C 48
ROAD, FROM AN EVACUATION ROUTE OR CONTROLLED ACCESS HIGHWAY SHALL BE
PREWIRED BY NO LATER THAN MARCH FIRST, TWO THOUSAND FIFTEEN; AND
(III) FIFTY PERCENT OF ALL EXISTING RETAIL OUTLETS THAT ARE PART OF A
CHAIN OF RETAIL OUTLETS EXCLUSIVE OF THOSE INCLUDED IN SUBPARAGRAPHS (I)
AND (II) OF THIS PARAGRAPH SHALL BE PREWIRED BY NO LATER THAN MARCH
FIRST, TWO THOUSAND SIXTEEN.
(C) EXEMPTIONS. (I) EACH RETAIL OUTLET IN OPERATION ON THE EFFECTIVE
DATE OF THIS SECTION THAT SOLD LESS THAN SEVENTY-FIVE THOUSAND GALLONS
OF MOTOR FUEL PER MONTH ON AVERAGE FOR THE PERIOD THEY WERE IN OPERATION
DURING THE TWELVE MONTHS PRIOR TO THE EFFECTIVE DATE SHALL BE EXEMPT
FROM THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SUBDIVISION.
(II) EACH NEW RETAIL OUTLET THAT BEGINS OPERATING AFTER THE EFFECTIVE
DATE AND BEFORE MARCH FIRST, TWO THOUSAND FOURTEEN THAT SELLS LESS THAN
SEVENTY-FIVE THOUSAND GALLONS OF MOTOR FUEL PER MONTH ON AVERAGE BETWEEN
THE EFFECTIVE DATE AND MARCH FIRST, TWO THOUSAND FOURTEEN SHALL BE
EXEMPT FROM THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SUBDIVISION.
(D) SUCH TRANSFER SWITCH AND ALL ASSOCIATED ELECTRICAL WIRING SHALL BE
INSTALLED, OPERATED, AND MAINTAINED IN COMPLIANCE WITH ALL APPLICABLE
PROVISIONS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
CODE OR ANY APPLICABLE LOCAL BUILDING CODE OR STANDARD. INSTALLATION OF
APPROPRIATE WIRING AND TRANSFER SWITCHES SHALL BE PERFORMED BY A
LICENSED ELECTRICAL CONTRACTOR.
(E) EACH RETAILER SHALL KEEP ON FILE AT THE RETAIL OUTLET A WRITTEN
STATEMENT IN A FORM APPROVED BY THE DEPARTMENT AND CONTAINING AN ATTES-
TATION BY A LICENSED ELECTRICIAN THAT THE WIRING AND TRANSFER SWITCH
WERE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS. IN
ADDITION, EACH SUCH RETAILER MUST MAINTAIN THE WIRING AND TRANSFER
SWITCH IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS.
3. PLAN FOR ALTERNATE GENERATED POWER SOURCE. (A) EACH RETAILER
SUBJECT TO SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (B) OF SUBDIVISION
TWO OF THIS SECTION SHALL BY THE DATE OF INSTALLATION OF THE PREWIRING
AND TRANSFER SWITCH REQUIRED TO BE INSTALLED UNDER SUCH SUBDIVISION HAVE
IN PLACE AT EACH APPLICABLE RETAIL OUTLET A WRITTEN PLAN IN A FORM
APPROVED BY THE DEPARTMENT TO DEPLOY AND INSTALL AN ALTERNATE GENERATED
POWER SOURCE LOCATED AT SUCH RETAIL OUTLET WITHIN TWENTY-FOUR HOURS OF
THE DECLARATION OF AN ENERGY OR FUEL SUPPLY EMERGENCY ISSUED BY THE
GOVERNOR, THE COUNTY EXECUTIVE OR CHIEF ELECTED OFFICIAL OF A COUNTY OR
THE MAYOR OF A CITY WITH A POPULATION IN EXCESS OF ONE MILLION INHABIT-
ANTS, IF SUCH OUTLET IS WITHOUT POWER AT THE TIME OF SUCH DECLARATION.
PROVIDED, HOWEVER, IF ANY SUCH OUTLET LOSES POWER FOLLOWING SUCH DECLA-
RATION AND WHILE THE DECLARATION IS STILL IN EFFECT, THEN THE ALTERNATE
GENERATED POWER SOURCE SHALL BE DEPLOYED WITHIN TWENTY-FOUR HOURS OF
SUCH LOSS OF POWER.
(B) EACH RETAILER SUBJECT TO SUBPARAGRAPH (III) OF PARAGRAPH (B) OF
SUBDIVISION TWO OF THIS SECTION SHALL BY THE DATE OF INSTALLATION OF THE
PREWIRING AND TRANSFER SWITCH REQUIRED TO BE INSTALLED UNDER SUCH SUBDI-
VISION HAVE IN PLACE AT EACH APPLICABLE RETAIL OUTLET A WRITTEN PLAN IN
A FORM APPROVED BY THE DEPARTMENT TO DEPLOY AND INSTALL AN ALTERNATE
GENERATED POWER SOURCE LOCATED AT SUCH RETAIL OUTLET WITHIN FORTY-EIGHT
HOURS OF THE DECLARATION OF AN ENERGY OR FUEL SUPPLY EMERGENCY ISSUED BY
THE GOVERNOR, THE COUNTY EXECUTIVE OR CHIEF ELECTED OFFICIAL OF A COUNTY
OR THE MAYOR OF A CITY WITH A POPULATION IN EXCESS OF ONE MILLION INHAB-
ITANTS, IF SUCH OUTLET IS WITHOUT POWER AT THE TIME OF SUCH DECLARATION.
PROVIDED, HOWEVER, IF ANY SUCH OUTLET LOSES POWER FOLLOWING SUCH DECLA-
RATION AND WHILE THE DECLARATION IS STILL IN EFFECT, THEN THE ALTERNATE
A. 3008--C 49
GENERATED POWER SOURCE SHALL BE DEPLOYED WITHIN FORTY-EIGHT HOURS OF THE
LOSS OF POWER.
(C) SUCH PLANS REQUIRED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION
SHALL INCLUDE, AMONG OTHER THINGS, EITHER A RECEIPT SHOWING OWNERSHIP OF
SUCH POWER SOURCE OR A CONTRACT WITH A SUPPLIER OF SUCH POWER SOURCE
STATING THAT SUCH POWER SOURCE WILL BE PROVIDED AND INSTALLED WITHIN THE
TWENTY-FOUR OR FORTY-EIGHT HOUR PERIOD, WHICHEVER IS APPLICABLE.
4. INSPECTION; RECORDKEEPING; REPORTING. THE COMMISSIONER OR THE
COMMISSIONER'S DESIGNEE SHALL BE AUTHORIZED TO ENTER DURING REGULAR
BUSINESS HOURS UPON A RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF THIS
SECTION FOR THE PURPOSE OF DETERMINING COMPLIANCE WITH THE PROVISIONS OF
THIS SECTION AND ANY RULES OR REGULATIONS PROMULGATED HEREUNDER. ALL
DOCUMENTS REQUIRED PURSUANT TO SUBDIVISIONS TWO AND THREE OF THIS
SECTION SHALL BE MAINTAINED AT THE APPLICABLE RETAIL OUTLET AND MADE
AVAILABLE TO THE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE UPON
REQUEST. IN ADDITION, EACH RETAILER OF A RETAIL OUTLET, EXCEPT FOR
RETAIL OUTLETS GRANTED EXEMPTIONS UNDER PARAGRAPH (C) OF SUBDIVISION TWO
OF THIS SECTION, SHALL PROVIDE TO THE DEPARTMENT BY MARCH FIRST, TWO
THOUSAND FOURTEEN AND EVERY TWO YEARS THEREAFTER WRITTEN DOCUMENTATION
IN A FORM APPROVED BY THE DEPARTMENT CERTIFYING THAT SUCH RETAIL OUTLET
IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION, AND ANY OTHER
REQUIREMENT SPECIFIED BY ANY RULES OR REGULATIONS PROMULGATED HEREUNDER;
PROVIDED, HOWEVER, THAT, FOR EACH RETAIL OUTLET THAT IS PART OF A CHAIN
OF RETAIL OUTLETS, SUCH WRITTEN NOTIFICATIONS SHALL BE PROVIDED TO THE
DEPARTMENT WITHIN TEN DAYS AFTER THE DATE OF INSTALLATION OF THE PREWIR-
ING AND TRANSFER SWITCH REQUIRED TO BE INSTALLED UNDER SUBDIVISION TWO
OF THIS SECTION AND EVERY TWO YEARS THEREAFTER.
5. EMERGENCY DEPLOYMENT. IN THE EVENT THAT A DECLARATION OF AN ENERGY
OR FUEL SUPPLY EMERGENCY ISSUED BY THE GOVERNOR, THE COUNTY EXECUTIVE OR
CHIEF ELECTED OFFICIAL OF A COUNTY OR THE MAYOR OF A CITY WITH A POPU-
LATION IN EXCESS OF ONE MILLION INHABITANTS, IS IN EFFECT AND A RETAIL
OUTLET SUBJECT TO THE REQUIREMENTS OF THIS SECTION IS WITHOUT ELECTRIC
POWER, EACH RETAILER SHALL DEPLOY AND INSTALL AN ALTERNATE GENERATED
POWER SOURCE ACCORDING TO THE PLAN DEVELOPED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION. NOTWITHSTANDING THE FOREGOING, SUCH RETAILER
SHALL NOT BE IN VIOLATION OF THIS SUBDIVISION IF HE OR SHE IS UNABLE TO
DEPLOY, INSTALL OR OPERATE AN ALTERNATE GENERATED POWER SOURCE BECAUSE
OF UNCONTROLLABLE CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO,
RESTRICTIONS IMPOSED BY PUBLIC SAFETY OFFICERS TO ADDRESS AN EMERGENCY
SITUATION OR THAT SUCH RETAIL STATION IS MADE UNSAFE OR UNABLE TO OPER-
ATE DUE TO ACTS OF GOD, FIRES, FLOODS, EXPLOSIONS OR THE SAFETY OF
PERSONNEL NEEDED TO OPERATE SUCH EQUIPMENT OR THAT SUCH OUTLET DOES NOT
HAVE MOTOR FUEL TO DISPENSE.
6. RULES AND REGULATIONS; NOTIFICATION OF APPLICABILITY. THE COMMIS-
SIONER SHALL HAVE THE AUTHORITY, WITH THE ASSISTANCE OF THE COMMISSIONER
OF TRANSPORTATION, THE COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY
SERVICES, THE SECRETARY OF STATE AND THE CHAIR OF THE PUBLIC SERVICE
COMMISSION, TO PROMULGATE SUCH RULES AND REGULATIONS AS THE COMMISSIONER
SHALL DEEM NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION. THE
COMMISSIONER SHALL BY MAY FIRST, TWO THOUSAND THIRTEEN: (A) NOTIFY BY
FIRST CLASS MAIL ALL EXISTING RETAIL OUTLETS THAT APPEAR TO MEET THE
CRITERIA SPECIFIED IN PARAGRAPHS (B) AND (C) OF SUBDIVISION TWO OF THIS
SECTION OF THE REQUIREMENTS OF THIS SECTION AND INCLUDE WITH SUCH
NOTIFICATION ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER,
INCLUDING INFORMATION REGARDING APPLICABILITY CRITERIA, COMPLIANCE MEAS-
URES AND POTENTIAL GRANT ASSISTANCE; (B) PROVIDE A LIST OF ALL SUCH
A. 3008--C 50
RETAIL OUTLETS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY; AND (C) POST SUCH LIST ON THE DEPART-
MENT'S WEBSITE. ANY RETAILER OF A RETAIL OUTLET SPECIFIED ON SUCH LIST
SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION UNLESS HE OR SHE
PROVIDES WRITTEN DOCUMENTATION TO THE DEPARTMENT BY JULY FIRST, TWO
THOUSAND THIRTEEN PROVING THAT SUCH OUTLET DOES NOT QUALIFY PURSUANT TO
SUBPARAGRAPH (I) OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION OR
BY APRIL FIRST, TWO THOUSAND FOURTEEN PROVING THAT SUCH OUTLET DOES NOT
QUALIFY PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (C) OF SUBDIVISION
TWO OF THIS SECTION. THE COMMISSIONER SHALL UPDATE SUCH LIST EVERY FIVE
YEARS THEREAFTER AND NOTIFY ALL NEW RETAIL OUTLETS THAT BECOME SUBJECT
TO THE REQUIREMENTS OF THIS SECTION; PROVIDED, HOWEVER, THAT COMPLIANCE
WITH THE REQUIREMENTS OF THIS SECTION IS NOT CONDITIONED ON SUCH NOTIFI-
CATION.
7. VIOLATIONS AND PENALTIES. ANY RETAILER WHO VIOLATES, DISOBEYS OR
DISREGARDS ANY PROVISION OF THIS SECTION, OR ANY RULE OR REGULATION
PROMULGATED HEREUNDER, SHALL BE LIABLE TO THE PEOPLE OF THE STATE FOR A
CIVIL PENALTY OF UP TO TWO THOUSAND DOLLARS PER DAY FOR EVERY SUCH
VIOLATION, TO BE ASSESSED BY THE COMMISSIONER, AFTER A HEARING OR OPPOR-
TUNITY TO BE HEARD UPON DUE NOTICE AND WITH THE RIGHT TO REPRESENTATION
BY COUNSEL. SUCH PENALTY MAY BE RECOVERED IN AN ACTION BROUGHT BY THE
ATTORNEY GENERAL AT THE REQUEST AND IN THE NAME OF THE COMMISSIONER IN
ANY COURT OF COMPETENT JURISDICTION. SUCH CIVIL PENALTY MAY BE RELEASED
OR COMPROMISED BY THE COMMISSIONER BEFORE THE MATTER HAS BEEN REFERRED
TO THE ATTORNEY GENERAL. ADDITIONALLY, AFTER SUCH HEARING AND A FINDING
THAT SUCH RETAILER HAS VIOLATED THE PROVISIONS OF THIS SECTION, OR OF
ANY RULE OR REGULATION PROMULGATED THEREUNDER, THE COMMISSIONER MAY
ISSUE AND CAUSE TO BE SERVED UPON SUCH PERSON AN ORDER ENJOINING SUCH
PERSON FROM VIOLATING SUCH PROVISIONS AND TAKING ALL NECESSARY ACTIONS
FOR SUCH PERSON TO COME INTO COMPLIANCE WITH SUCH PROVISIONS. ANY SUCH
ORDER OF THE COMMISSIONER MAY BE ENFORCED IN AN ACTION BROUGHT BY THE
ATTORNEY GENERAL AT THE REQUEST AND IN THE NAME OF THE COMMISSIONER IN
ANY COURT OF COMPETENT JURISDICTION.
8. THE PROVISIONS OF THIS SECTION SHALL SUPERSEDE ALL LOCAL LAWS OR
ORDINANCES RELATING TO THE INSTALLATION AND DEPLOYMENT OF AN ALTERNATE
GENERATED POWER SOURCE OR ANY RELATED ELECTRICAL OR OTHER EQUIPMENT AT
ANY RETAIL OUTLET.
9. THE PROVISIONS OF THIS SECTION SHALL BE CONTINGENT ON THE APPROVAL
OF FEDERAL MITIGATION FUNDS FOR THE PROGRAM ESTABLISHED UNDER SUBDIVI-
SION TWENTY OF SECTION EIGHTEEN HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHOR-
ITIES LAW.
S 3. Section 1854 of the public authorities law is amended by adding a
new subdivision 20 to read as follows:
20. TO ADMINISTER A PROGRAM, USING FUNDS PROVIDED FOR SUCH PURPOSE, TO
PROVIDE A GRANT FOR COSTS NO GREATER THAN TEN THOUSAND DOLLARS REQUIRED
TO: (A) PREWIRE AN EXISTING RETAIL OUTLET WITH AN APPROPRIATE TRANSFER
SWITCH FOR USING AN ALTERNATE GENERATED POWER SOURCE CAPABLE OF PROVID-
ING ADEQUATE ELECTRICITY TO OPERATE ALL DISPENSERS, DISPENSING EQUIP-
MENT, LIFE SAFETY SYSTEMS, AND PAYMENT ACCEPTANCE EQUIPMENT AT SUCH
RETAIL OUTLET; AND/OR (B) PURCHASE SUCH POWER SOURCE FOR EACH EXISTING
RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF SECTION ONE HUNDRED NINE-
TY-TWO-H OF THE AGRICULTURE AND MARKETS LAW BASED ON STANDARDS AND
GUIDELINES ESTABLISHED BY THE AUTHORITY. THE AUTHORITY MAY OFFER ANY
FUNDS PROVIDED FOR SUCH PURPOSE AND NOT EXPENDED TO EXISTING RETAIL
OUTLETS THAT ARE NOT REQUIRED TO COMPLY WITH THE REQUIREMENTS OF SECTION
ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS LAW BUT THAT
A. 3008--C 51
AGREE TO COMPLY WITH THE REQUIREMENTS THEREIN AS A CONDITION OF RECEIPT
OF SUCH GRANT.
S 4. This act shall take effect immediately.
PART T
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 16-v to read as follows:
S 16-V. ADVANCED MANUFACTURING CAREER OPPORTUNITY REVOLVING LOAN FUND.
1. THERE IS HEREBY CREATED AN ADVANCED MANUFACTURING CAREER OPPORTUNITY
REVOLVING LOAN FUND TO ASSIST THOSE INDIVIDUALS SEEKING APPROPRIATE
TRAINING AND CERTIFICATION TO ENTER THE ADVANCED MANUFACTURING FIELD AND
TO PROVIDE ADVANCED MANUFACTURING EMPLOYERS WITH A COMPETITIVE WORK-
FORCE.
2. THE REVOLVING LOAN FUND SHALL CONSIST OF ONE ACCOUNT WHICH SHALL BE
MAINTAINED FOR MONIES TO BE MADE AVAILABLE TO PROVIDE LOW INTEREST LOANS
TO FINANCE THE COST OF COURSE WORK AND TRAINING PROGRAMS FOR INDIVIDUALS
WHO PURSUE AND COMPLETE AN ADVANCED MANUFACTURING CERTIFICATION PROGRAM
RECOGNIZED BY ADVANCED MANUFACTURING EMPLOYERS STATEWIDE AND THOSE SEEK-
ING TO LOCATE IN NEW YORK STATE. PAYMENTS OF PRINCIPAL, INTEREST AND
FEES SHALL BE DEPOSITED INTO THE ACCOUNT.
3. THE CORPORATION, IN CONSULTATION WITH THE DEPARTMENT OF LABOR AND
THE HIGHER EDUCATION SERVICES CORPORATION, IS AUTHORIZED AND DIRECTED
TO:
A. USE MONIES MADE AVAILABLE FOR THE REVOLVING LOAN FUND TO PROVIDE
LOANS TO ELIGIBLE APPLICANTS AS DETERMINED BY THE CORPORATION;
B. IF DEEMED APPROPRIATE AND NECESSARY, ENTER INTO CONTRACTS WITH ONE
OR MORE PROGRAM ADMINISTRATORS TO PERFORM SUCH FUNCTIONS AS THE CORPO-
RATION DEEMS APPROPRIATE. PROVIDED, HOWEVER, THAT THE CORPORATION SHALL
BE AUTHORIZED TO ESTABLISH AND ADMINISTER THE PROGRAM DIRECTLY;
C. REVIEW AND DESIGNATE EXISTING OR NEW PROGRAMS IN NEW YORK STATE
OFFERING TRAINING LEADING TO AN INDUSTRY RECOGNIZED AND/OR REQUIRED
CREDENTIAL DEMONSTRATING THE PROSPECTIVE EMPLOYEE'S READINESS TO ENTER
THE DESIRED FIELD WITH THE REQUIRED KNOWLEDGE OF ADVANCED MANUFACTURING
EQUIPMENT AND PROCESSES;
D. DEVELOP NECESSARY RULES AND REGULATIONS; AND
E. EXERCISE SUCH OTHER POWERS AS ARE NECESSARY FOR THE PROPER ADMINIS-
TRATION OF THE PROGRAM INCLUDING THE DEVELOPMENT OF PROVISIONS FOR
REPAYMENT.
4. FUNDS DESIGNATED TO THE ADVANCED MANUFACTURING CAREER OPPORTUNITY
REVOLVING LOAN FUND AND DISTRIBUTED BY THE CORPORATION PURSUANT TO THIS
SECTION SHALL BE SUBJECT TO THE FOLLOWING LIMITATIONS:
A. INDIVIDUAL LOAN AMOUNTS SHALL NOT EXCEED THREE THOUSAND DOLLARS PER
APPLICANT FOR AN APPROVED ADVANCED MANUFACTURING CERTIFICATION AND SHALL
BE USED SOLELY FOR THE PURPOSE OF COMPLETING SUCH CERTIFICATION PROGRAM,
WHICH SHALL INCLUDE TUITION COST AND/OR REGISTRATION FEES;
B. NO FEES OR PENALTIES SHALL BE CHARGED OR COLLECTED FOR PREPAYMENT
OF ANY SUCH LOAN;
C. LOANS SHALL BE OFFERED AT A LOW INTEREST RATE AS DETERMINED BY THE
CORPORATION TO PROMOTE AFFORDABLE LOAN TERM AND PROMPT REPAYMENT;
D. LOANS SHALL BE REPAID IN FULL IF THE APPLICANT FAILS TO COMPLETE
THE CERTIFICATION; AND
E. IF THE NUMBER OF APPLICANTS EXCEEDS THE AMOUNT OF AVAILABLE FUNDS,
PRIORITY MAY BE GIVEN TO THOSE APPLICANTS THAT ARE UNEMPLOYED AT THE
TIME OF SUBMITTING THE APPLICATION.
A. 3008--C 52
5. APPLICATIONS FOR FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION
SHALL BE REVIEWED AND EVALUATED BY THE CORPORATION OR ITS DESIGNEE
PURSUANT TO ELIGIBILITY AND QUALIFICATION REQUIREMENTS AND CRITERIA
ESTABLISHED BY THE CORPORATION.
S 2. This act shall take effect immediately.
PART U
Section 1. The economic development law is amended by adding a new
article 21 to read as follows:
ARTICLE 21
TASTE-NY PROGRAM
SECTION 435. TASTE-NY PROGRAM.
S 435. TASTE-NY PROGRAM. 1. THERE IS HEREBY CREATED THE "TASTE-NY"
PROGRAM. THE DEPARTMENT MAY ENTER INTO A WRITTEN AGREEMENT WITH ANY
LICENSEE LICENSED UNDER SECTION SEVENTY-SIX-A OR UNDER SECTION
FIFTY-ONE-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW FOR THE OPERATION OF
AN ADDITIONAL BRANCH OFFICE TO BE KNOWN AS A TASTE-NY RETAIL ESTABLISH-
MENT. EACH TASTE-NY RETAIL ESTABLISHMENT MAY BE SHARED BY ONE OR MORE
LIKE LICENSEES TO OFFER A WIDE ARRAY OF PRODUCTS AND PROMOTIONAL INFOR-
MATION TO THE CONSUMER. THE DEPARTMENT SHALL TO THE EXTENT PRACTICABLE:
A. ASSIST SUCH LICENSEE WITH THE LOCATION OF THE BRANCH OFFICE TO BE
KNOWN AS THE TASTE-NY RETAIL ESTABLISHMENT INCLUDING:
I. ENSURING THE MAXIMUM PROMOTION OF THE LOCALLY PRODUCED AND SOURCED
PRODUCTS THEY ARE AUTHORIZED TO SELL ON THEIR PREMISES;
II. FOSTERING LOCAL PARTNERSHIPS TO MAXIMIZE OTHER LOCALLY PRODUCED
PRODUCTS, WHICH THEY ARE AUTHORIZED TO SELL, THAT COME FROM OTHER
LICENSED VENDORS; AND
III. ENSURING SUCH RETAIL ESTABLISHMENTS APPROPRIATELY AND ADEQUATELY
PROMOTE OTHER REGIONAL INTERESTS;
B. PROVIDE TECHNICAL AND FINANCIAL SUPPORT, SUBJECT TO FUNDS APPROPRI-
ATED FOR SUCH PURPOSE, TO ESTABLISH SUCH RETAIL ESTABLISHMENTS.
2. THE DEPARTMENT SHALL CONDUCT OUTREACH TO ELIGIBLE APPLICANTS TO
MAXIMIZE THE POTENTIAL SUCCESS OF THE PROGRAM.
3. THE DEPARTMENT SHALL REPORT TO THE LEGISLATURE ON THE ECONOMIC
BENEFIT TO THE STATE AND STATE BUSINESSES, INCLUDING, INFORMATION ON
SALE INCREASES OR DECREASES BY THE TASTE-NY LICENSEE, AND DEPARTMENT
SUPPORT TO SUCH LICENSEES ANNUALLY, BEGINNING IN THE NEXT SUCCEEDING
JANUARY FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
S 2. Subdivision 9 of section 51-a of the alcoholic beverage control
law, as added by chapter 108 of the laws of 2012, is amended to read as
follows:
9. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm brewery. HOWEV-
ER, PURSUANT TO ARTICLE TWENTY-ONE OF THE ECONOMIC DEVELOPMENT LAW, THE
HOLDER OF THIS LICENSE MAY ALSO OPERATE ONE BRANCH OFFICE TO BE KNOWN AS
A TASTE-NY RETAIL ESTABLISHMENT WHICH SHALL NOT BE COUNTED TOWARDS THE
FIVE BRANCH OFFICES AUTHORIZED BY THIS SUBDIVISION. Such locations shall
be considered part of the licensed premises and all activities allowed
at and limited to the farm brewery may be conducted at the branch
offices. Such branch offices shall not be located within, share a common
entrance and exit with, or have any interior access to any other busi-
ness, including premises licensed to sell alcoholic beverages at retail.
Prior to commencing operation of any such branch office, the licensee
shall notify the authority of the location of such branch office and the
authority may issue a permit for the operation of same.
A. 3008--C 53
S 3. Subdivision 7 of section 76-a of the alcoholic beverage control
law, as added by chapter 221 of the laws of 2011, is amended to read as
follows:
7. The holder of a license issued under this section may operate up to
five branch offices located away from the licensed farm winery. HOWEVER,
PURSUANT TO ARTICLE TWENTY-ONE OF THE ECONOMIC DEVELOPMENT LAW, THE
HOLDER OF THIS LICENSE MAY ALSO OPERATE ONE BRANCH OFFICE TO BE KNOWN AS
A TASTE-NY RETAIL ESTABLISHMENT WHICH SHALL NOT BE COUNTED TOWARDS THE
FIVE BRANCH OFFICES AUTHORIZED BY THIS SUBDIVISION. Such locations,
although not required to be on a farm, shall be considered part of the
licensed premises and all activities allowed at and limited to the farm
winery may be conducted at the branch offices. Such branch offices shall
not be located within, share a common entrance and exit with, or have
any interior access to any other business, including premises licensed
to sell alcoholic beverages at retail. Prior to commencing operation of
any such branch office, the licensee shall notify the authority of the
location of such branch office and the authority may issue a permit for
the operation of same. Such branch offices shall not be subject to the
provisions of subdivision two, three or four of section seventy-nine of
this article or the provisions of subdivisions two and three, and para-
graphs (b) and (c) of subdivision ten of section one hundred five of
this chapter.
S 4. This act shall take effect immediately.
PART V
Section 1. Section 16-t of section 1 of chapter 174 of the laws of
1968, constituting the New York state urban development corporation act,
is amended by adding a new subdivision 3-a to read as follows:
3-A. FUNDS DEPOSITED TO THE SMALL BUSINESS REVOLVING LOAN FUND ON OR
AFTER APRIL 1, 2013 SHALL BE USED FOR THE PURPOSES SET FORTH IN THIS
SECTION NOTWITHSTANDING THE LIMITATIONS SET FORTH IN SECTIONS SEVEN
THROUGH TEN OF THIS ACT. SUCH FUNDS MAY BE USED FOR PROGRAM LOANS
TARGETED AND MARKETED TO PROVIDE SHORT-TERM FINANCING TO MINORITY- AND
WOMEN-OWNED BUSINESS ENTERPRISES AND SMALL BUSINESSES PERFORMING
CONTRACTS TO PROVIDE CONSTRUCTION, OR PROFESSIONAL SERVICES FOR STATE
PROCUREMENT PURPOSES. SUCH LOANS SHALL BE USED TO UNDERWRITE THE COST OF
LABOR, MATERIALS, AND EQUIPMENT DIRECTLY ASSOCIATED WITH THE CONTRACT
BEING FINANCED. THE PROGRAM FUNDS AMOUNT USED BY THE LENDING ORGANIZA-
TION TO FUND A PROGRAM APPLICANT LOAN SHALL NOT BE MORE THAN EIGHTY
PERCENT OF THE PRINCIPAL AMOUNT OF SUCH LOAN. THE PROGRAM FUNDS AMOUNT
USED BY THE LENDING ORGANIZATION TO FUND A PROGRAM APPLICANT LOAN SHALL
NOT BE GREATER THAN FIVE HUNDRED THOUSAND DOLLARS.
S 2. This act shall take effect immediately.
PART W
Section 1. The state finance law is amended by adding a new section
69-m to read as follows:
S 69-M. NOTIFICATION OF PROJECTS. IN ADDITION TO THE INFORMATION
REQUIRED BY SECTION TWENTY-TWO OF THIS CHAPTER, THE ANNUAL SUBMISSION OF
THE EXECUTIVE BUDGET SHALL INCLUDE A LIST OF ALL PROJECTS PROPOSED TO BE
FUNDED PURSUANT TO ANY NEW YORK WORKS APPROPRIATION WHICH SHALL INCLUDE
BUT IS NOT LIMITED TO A DESCRIPTION OF EACH SUCH PROJECT; IF APPLICABLE,
THE PROJECT IDENTIFICATION NUMBER OF EACH SUCH PROJECT; THE TOTAL COST
A. 3008--C 54
OF EACH SUCH PROJECT; AND THE LOCATION, INCLUDING THE NAMES OF ANY COUN-
TY, TOWN, VILLAGE OR CITY, WHERE EACH SUCH PROJECT IS PROPOSED.
S 2. This act shall take effect immediately.
PART X
Section 1. The purpose of this legislation is to inform the people of
the state of New York of any and all potential public health impacts
posed by the extraction of natural gas using horizontal drilling and
high-volume hydraulic fracturing and to provide an analysis of those
impacts. Such analysis and information shall help facilitate informed
decisions regarding actions to be taken with respect to such activities
in the state.
S 2. A school of public health within the state university of New York
shall conduct a comprehensive health impact assessment following a model
recommended by the centers for disease control and prevention to examine
potential public health impacts that could be caused by the extraction
of natural gas using horizontal drilling and high-volume hydraulic frac-
turing. For the purposes of this act, health impact assessment shall
mean a combination of procedures, methods, and tools by which a policy,
program, or project may be judged as to its potential effects on the
health of a population, and the distribution of those effects within the
population.
S 3. Prior to the commencement of such assessment, the school of
public health conducting such assessment shall prepare a scoping docu-
ment that will establish the parameters of the health impact assessment.
The scoping document shall include the analyses contained in this act,
as well as any other potential analyses to be conducted, and shall be
subject to public review, comment and revision.
S 4. Such health impact assessment of the extraction of natural gas
using horizontal drilling and high-volume hydraulic fracturing shall
include, at a minimum, the following analyses:
(a) Identification and assessment of the magnitude, nature and extent
of potential localized and statewide health impacts utilizing multiple
methods and information derived from a combination of public health
tools including risk assessment, scientific literature, and population
analysis;
(b) Identification and assessment of disparate community-level
impacts;
(c) Estimated costs of any health impacts to the state, local govern-
ments, health insurers, employers and the state's public and private
health care systems as a whole;
(d) Recommendations for any mitigation of potential health impacts and
the methods and evidence used to arrive at such recommendations; and
(e) A long-term plan for monitoring, evaluating, tracking and mitigat-
ing potential health impacts.
S 5. A draft of such health impact assessment shall be released for
public review and comment. The school of public health conducting such
assessment shall conduct a minimum of two public hearings regarding the
findings of the draft health impact assessment and allow at least one
hundred twenty days for the public to submit comments. Upon the closing
of the public comment period, such school of public health shall cate-
gorize, review and respond to all public comments. If substantive chang-
es to the health impact assessment are made as a result of public
comments, such school of public health shall issue a revised draft. Such
A. 3008--C 55
revised draft shall similarly be subject to public comment and review,
in compliance with the parameters set out for the initial draft.
S 6. After responding to all public comments as required by section
five of this act, and upon completion of the health impact assessment,
such school of public health shall submit the completed health impact
assessment to the New York state department of health. The department of
health shall make such health impact assessment available to the public
and deliver copies to the legislature and the governor for review.
S 7. This act shall take effect immediately.
PART Y
Section 1. By April 1, 2023, any freight locomotive owned by the
metropolitan transportation authority ("authority") or its subsidiaries
shall meet or exceed the Tier 3 emission standards set forth in section
1033.101 of part 1033 of title 40 of the code of federal regulations as
such standards existed upon the effective date of this act provided that
the authority and its subsidiaries shall, as soon as practicable, under-
take measures to phase-out the use of any freight locomotive that fails
to meet such Tier 3 standards upon the effective date of this act. Such
measures shall, at a minimum, provide that no fewer than one such
freight locomotive shall meet or exceed such emission standards by
December 31, 2013 and that no fewer than an additional one such freight
locomotive shall meet or exceed such emission standards by December 31
of each year thereafter. For the purposes of this act, the following
terms shall have the following meanings: "freight locomotive" shall mean
any locomotive that: (a) is owned by the authority or its subsidiaries;
(b) is used, operated, leased, licensed or otherwise assigned to any
person or entity for the purposes of hauling freight; and (c) operates
on the lines owned by the Long Island Rail Road, a subsidiary of the
authority; and "metropolitan transportation authority" shall mean the
corporation created by section 1263 of the public authorities law.
S 2. This act shall take effect immediately.
PART Z
Section 1. Subdivision 1 of section 235 of the vehicle and traffic
law, as amended by section 1 of part II of chapter 59 of the laws of
2010, is amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine, or to adjudicate the
liability of owners for violations of toll collection regulations as
defined in and in accordance with the provisions of section two thousand
nine hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, or to adjudicate liability of
A. 3008--C 56
owners in accordance with section eleven hundred eleven-c of this chap-
ter for violations of bus lane restrictions as defined in such section,
OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
S 1-a. Section 235 of the vehicle and traffic law, as amended by
section 1-a of part II of chapter 59 of the laws of 2010, is amended to
read as follows:
S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
dicate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance with
the following sections.
S 1-b. Section 235 of the vehicle and traffic law, as amended by
section 1-b of part II of chapter 59 of the laws of 2010, is amended to
read as follows:
S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section, OR TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
A. 3008--C 57
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal and the
rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
S 1-c. Section 235 of the vehicle and traffic law, as amended by
section 1-c of part II of chapter 59 of the laws of 2010, is amended to
read as follows:
S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
dicate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance with
the following sections.
S 1-d. Section 235 of the vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
of 1992, is amended to read as follows:
S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
S 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2 of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of this chapter or
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such section eleven hundred
A. 3008--C 58
eleven-a or such sections eleven hundred eleven-b as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine and shall adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty and shall adjudicate liability of owners in accordance
with section eleven hundred eleven-c of this chapter for violations of
bus lane restrictions as defined in such section AND SHALL ADJUDICATE
THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER. Such tribunal,
except in a city with a population of one million or more, shall also
have jurisdiction of abandoned vehicle violations. For the purposes of
this article, a parking violation is the violation of any law, rule or
regulation providing for or regulating the parking, stopping or standing
of a vehicle. In addition for purposes of this article, "commissioner"
shall mean and include the commissioner of traffic of the city or an
official possessing authority as such a commissioner.
S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-a of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such sections eleven hundred
eleven-b as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine; and shall adjudicate
liability of owners in accordance with section eleven hundred eleven-c
of this chapter for violations of bus lane restrictions as defined in
such section AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER. For the purposes of this article, a parking
violation is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic of the city or an official possessing
authority as such a commissioner.
S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-b of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and shall adjudicate liability of owners in accordance
with section eleven hundred eleven-c of this chapter for violations of
bus lane restrictions as defined in such section AND SHALL ADJUDICATE
THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
A. 3008--C 59
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER. For the purposes
of this article, a parking violation is the violation of any law, rule
or regulation providing for or regulating the parking, stopping or
standing of a vehicle. In addition for purposes of this article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
S 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER. For the purposes of this article, a parking
violation is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic of the city or an official possessing
authority as such a commissioner.
S 3. Subdivision 12 of section 237 of the vehicle and traffic law, as
added by section 3 of part II of chapter 59 of the laws of 2010, is
amended and a new subdivision 13 is added to read as follows:
12. To adjudicate liability of owners in accordance with section elev-
en hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in such section[.];
13. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER.
S 3-a. Subdivision 11 of section 237 of the vehicle and traffic law,
as added by chapter 379 of the laws of 1992, is amended and a new subdi-
vision 12 is added to read as follows:
11. To adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty[.];
12. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER.
S 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter or sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, and shall not be deemed to include a notice
of liability issued pursuant to section two thousand nine hundred eight-
y-five of the public authorities law and sections sixteen-a, sixteen-b
and sixteen-c of chapter seven hundred seventy-four of the laws of nine-
A. 3008--C 60
teen hundred fifty and shall not be deemed to include a notice of
liability issued pursuant to section eleven hundred eleven-c of this
chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
S 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-a of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article but
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eleven-c of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER.
S 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-b of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
section eleven hundred eleven-c of this chapter AND SHALL NOT BE DEEMED
TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER.
S 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
S 5. Subdivision 4 of section 239 of the vehicle and traffic law, as
amended by chapter 379 of the laws of 1992, is amended to read as
follows:
4. Applicability. The provisions of paragraph b of subdivision two and
subdivision three of this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven of this chapter and
shall not be applicable to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY FOR THE
FAILURE OF AN OPERATOR TO COMPLY WITH SUBDIVISION (B), (C), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER.
S 5-a. Section 239 of the vehicle and traffic law is amended by adding
a new subdivision 4 to read as follows:
4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY FOR THE FAILURE OF AN OPERATOR TO COMPLY WITH
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER.
A. 3008--C 61
S 6. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by section 5 of part II of chapter 59 of the laws of
2010, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and [twenty two] TWENTY-TWO of
the laws of two thousand nine, for a violation of subdivision (d) of
section eleven hundred eleven of this chapter contests such allegation,
or a person alleged to be liable in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or a person
alleged to be liable in accordance with the provisions of section eleven
hundred eleven-c of this chapter for a violation of a bus lane
restriction as defined in such section contests such allegation, OR A
PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER CONTESTS SUCH ALLEGATION, the bureau shall advise such person
personally by such form of first class mail as the director may direct
of the date on which he or she must appear to answer the charge at a
hearing. The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning to advise the
person so pleading or contesting that failure to appear on the date
designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine or an allegation of liability in accordance with
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or an allega-
tion of liability in accordance with section eleven hundred eleven-c of
this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, is being contested, by a person
in a timely fashion and a hearing upon the merits has been demanded, but
has not yet been held, the bureau shall not issue any notice of fine or
penalty to that person prior to the date of the hearing.
S 6-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-a of part II of chapter 59 of the laws
of 2010, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine for a violation of subdivision (d) of
section eleven hundred eleven of this chapter, or a person alleged to be
liable in accordance with the provisions of section eleven hundred
eleven-c of this chapter for a violation of a bus lane restriction as
defined in such section contests such allegation, OR A PERSON ALLEGED TO
A. 3008--C 62
BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS
SUCH ALLEGATION, the bureau shall advise such person personally by such
form of first class mail as the director may direct of the date on which
he or she must appear to answer the charge at a hearing. The form and
content of such notice of hearing shall be prescribed by the director,
and shall contain a warning to advise the person so pleading or contest-
ing that failure to appear on the date designated, or on any subsequent
adjourned date, shall be deemed an admission of liability, and that a
default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, or an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER is being contested, by a person in a timely fashion
and a hearing upon the merits has been demanded, but has not yet been
held, the bureau shall not issue any notice of fine or penalty to that
person prior to the date of the hearing.
S 6-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-b of part II of chapter 59 of the laws
of 2010, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with the provisions of section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, contests such allegation, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
the bureau shall advise such person personally by such form of first
class mail as the director may direct of the date on which he or she
must appear to answer the charge at a hearing. The form and content of
such notice of hearing shall be prescribed by the director, and shall
contain a warning to advise the person so pleading that failure to
appear on the date designated, or on any subsequent adjourned date,
shall be deemed an admission of liability, and that a default judgment
may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER is being contested, by a person in a timely fashion
and a hearing upon the merits has been demanded, but has not yet been
held, the bureau shall not issue any notice of fine or penalty to that
person prior to the date of the hearing.
S 6-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B OF
A. 3008--C 63
THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
the bureau shall advise such person personally by such form of first
class mail as the director may direct of the date on which he OR SHE
must appear to answer the charge at a hearing. The form and content of
such notice of hearing shall be prescribed by the director, and shall
contain a warning to advise the person so pleading that failure to
appear on the date designated, or on any subsequent adjourned date,
shall be deemed an admission of liability, and that a default judgment
may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER IS
BEING CONTESTED, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
S 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 6 of part II of chapter 59 of the
laws of 2010, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or an
allegation of liability in accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or an allegation of liability in accord-
ance with section eleven hundred eleven-c of this chapter OR AN ALLEGA-
TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER, shall be held before a hearing examiner in accordance with
rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine is
contested or of a hearing at which liability in accordance with section
two thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty is contested or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter OR A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
S 7-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-a of part II of chapter 59
of the laws of 2010, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, shall be held
A. 3008--C 64
before a hearing examiner in accordance with rules and regulations
promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter OR A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
S 7-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-b of part II of chapter 59
of the laws of 2010, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-c of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER shall be held
before a hearing examiner in accordance with rules and regulations
promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter OR A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
S 7-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER shall be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER IS CONTESTED. Recording devices may be used
for the making of the record.
S 8. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7 of part II of chapter 59 of the laws of
2010, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine or the record of liabilities
incurred in accordance with section two thousand nine hundred eighty-
five of the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty of the person charged, or the record of liabilities
incurred in accordance with section eleven hundred eleven-c of this
chapter, OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as applicable prior to
rendering a final determination. Final determinations sustaining or
dismissing charges shall be entered on a final determination roll main-
A. 3008--C 65
tained by the bureau together with records showing payment and nonpay-
ment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or fails to contest an allegation of liability
in accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter OR FAILS TO CONTEST AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER or fails to appear on a designated hearing date or
subsequent adjourned date or fails after a hearing to comply with the
determination of a hearing examiner, as prescribed by this article or by
rule or regulation of the bureau, such failure to plead or contest,
appear or comply shall be deemed, for all purposes, an admission of
liability and shall be grounds for rendering and entering a default
judgment in an amount provided by the rules and regulations of the
bureau. However, after the expiration of the original date prescribed
for entering a plea and before a default judgment may be rendered, in
such case the bureau shall pursuant to the applicable provisions of law
notify such operator or owner, by such form of first class mail as the
commission may direct; (1) of the violation charged, or liability in
accordance with section eleven hundred eleven-a of this chapter or in
accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine alleged or liability in accordance with
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty alleged or
liability in accordance with section eleven hundred eleven-c of this
chapter OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such judgment will be entered in the Civil Court of the city in which
the bureau has been established, or other court of civil jurisdiction or
any other place provided for the entry of civil judgments within the
state of New York, and (4) that a default may be avoided by entering a
plea or contesting an allegation of liability in accordance with section
eleven hundred eleven-a of this chapter or in accordance with sections
eleven hundred eleven-b of this chapter as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two thousand
nine or contesting an allegation of liability in accordance with section
two thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty or contesting an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as
appropriate, or making an appearance within thirty days of the sending
of such notice. Pleas entered and allegations contested within that
period shall be in the manner prescribed in the notice and not subject
to additional penalty or fee. Such notice of impending default judgment
shall not be required prior to the rendering and entry thereof in the
A. 3008--C 66
case of operators or owners who are non-residents of the state of New
York. In no case shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than two
years after the expiration of the time prescribed for entering a plea or
contesting an allegation. When a person has demanded a hearing, no fine
or penalty shall be imposed for any reason, prior to the holding of the
hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he or she shall impose no greater penalty or
fine than those upon which the person was originally charged.
S 8-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-a of part II of chapter 59 of the laws of
2010, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine of the person charged, or
the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, OR THE RECORD OF LIABILITIES INCURRED
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as
applicable prior to rendering a final determination. Final determi-
nations sustaining or dismissing charges shall be entered on a final
determination roll maintained by the bureau together with records show-
ing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter, OR
FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or fails to appear on a
designated hearing date or subsequent adjourned date or fails after a
hearing to comply with the determination of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau, such
failure to plead, contest, appear or comply shall be deemed, for all
purposes, an admission of liability and shall be grounds for rendering
and entering a default judgment in an amount provided by the rules and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged,
or liability in accordance with sections eleven hundred eleven-b of this
chapter, as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine, or liability in accord-
ance with section eleven hundred eleven-c of this chapter OR LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER
alleged, (2) of the impending default judgment, (3) that such judgment
will be entered in the Civil Court of the city in which the bureau has
been established, or other court of civil jurisdiction or any other
place provided for the entry of civil judgments within the state of New
York, and (4) that a default may be avoided by entering a plea or
contesting an allegation of liability in accordance with sections eleven
A. 3008--C 67
hundred eleven-b of this chapter as added by sections sixteen of chap-
ters twenty, twenty-one, and twenty-two of the laws of two thousand
nine, or contesting an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter OR CONTESTING AN ALLEGA-
TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER as appropriate, or making an appearance within thirty days
of the sending of such notice. Pleas entered and allegations contested
within that period shall be in the manner prescribed in the notice and
not subject to additional penalty or fee. Such notice of impending
default judgment shall not be required prior to the rendering and entry
thereof in the case of operators or owners who are non-residents of the
state of New York. In no case shall a default judgment be rendered or,
where required, a notice of impending default judgment be sent, more
than two years after the expiration of the time prescribed for entering
a plea or contesting an allegation. When a person has demanded a hear-
ing, no fine or penalty shall be imposed for any reason, prior to the
holding of the hearing. If the hearing examiner shall make a determi-
nation on the charges, sustaining them, he or she shall impose no great-
er penalty or fine than those upon which the person was originally
charged.
S 8-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-b of part II of chapter 59 of the laws of
2010, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine the
prior parking violations record of the person charged, or the record of
liabilities incurred in accordance with section eleven hundred eleven-c
of this chapter, OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as applicable,
prior to rendering a final determination. Final determinations sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau together with records showing payment and
nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation, or fails to contest an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter, OR
FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or fails to appear on a
designated hearing date or subsequent adjourned date or fails after a
hearing to comply with the determination of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau, such
failure to plead, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged or
alleged liability in accordance with section eleven hundred eleven-c of
this chapter OR ALLEGED LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER, (2) of the impending default judgment,
(3) that such judgment will be entered in the Civil Court of the city in
which the bureau has been established, or other court of civil jurisdic-
tion or any other place provided for the entry of civil judgments within
A. 3008--C 68
the state of New York, and (4) that a default may be avoided by entering
a plea or contesting an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter OR CONTESTING AN ALLEGA-
TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER or making an appearance within thirty days of the sending
of such notice. Pleas entered within that period shall be in the manner
prescribed in the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea. When a person has demanded a hearing, no
fine or penalty shall be imposed for any reason, prior to the holding of
the hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he or she shall impose no greater penalty or
fine than those upon which the person was originally charged.
S 8-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, subdivision 1 as added by chapter 715 of the laws of 1972 and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he may examine the prior
parking violations record of the person charged, OR THE RECORD OF
LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final determi-
nation. Final determinations sustaining or dismissing charges shall be
entered on a final determination roll maintained by the bureau together
with records showing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY
INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER or fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead, appear or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment in an amount provided by
the rules and regulations of the bureau. However, after the expiration
of the original date prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of the violation
charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such judgment will be entered in the Civil Court of the city in which
the bureau has been established, or other court of civil jurisdiction or
any other place provided for the entry of civil judgments within the
state of New York, and (4) that a default may be avoided by entering a
plea OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER or making an appearance within
thirty days of the sending of such notice. Pleas entered within that
period shall be in the manner prescribed in the notice and not subject
to additional penalty or fee. Such notice of impending default judgment
shall not be required prior to the rendering and entry thereof in the
A. 3008--C 69
case of operators or owners who are non-residents of the state of New
York. In no case shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than two
years after the expiration of the time prescribed for entering a plea.
When a person has demanded a hearing, no fine or penalty shall be
imposed for any reason, prior to the holding of the hearing. If the
hearing examiner shall make a determination on the charges, sustaining
them, he shall impose no greater penalty or fine than those upon which
the person was originally charged.
S 9. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 1 of part SS of
chapter 57 of the laws of 2010, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction or administrative tribunal of appropriate
jurisdiction that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed to
comply with the rules and regulations of an administrative tribunal
following entry of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this chapter; or
(iii) the registrant was liable in accordance with section eleven
hundred eleven-c of this chapter for a violation of a bus lane
restriction as defined in such section, OR (IV) THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his or her
agent shall deny the registration or renewal application until the
applicant provides proof from the court, traffic and parking violations
agency or administrative tribunal wherein the charges are pending that
an appearance or answer has been made or in the case of an administra-
tive tribunal that he or she has complied with the rules and regulations
of said tribunal following entry of a final decision. Where an applica-
tion is denied pursuant to this section, the commissioner may, in his or
her discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
A. 3008--C 70
S 9-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-a of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; OR (IV) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER, the commissioner or his or her agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an appear-
ance or answer has been made or in the case of an administrative tribu-
nal that he or she has complied with the rules and regulations of said
tribunal following entry of a final decision. Where an application is
denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
S 9-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-b of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
A. 3008--C 71
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority or the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, OR THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner or his or her
agent shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he or she has complied
with the rules and regulations of said tribunal following entry of a
final decision. Where an application is denied pursuant to this section,
the commissioner may, in his or her discretion, deny a registration or
renewal application to any other person for the same vehicle and may
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where the commissioner has
determined that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration or renewal will have the effect of
defeating the purposes of this subdivision. Such denial shall only
remain in effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
S 9-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED EIGHTY-B OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
the commissioner or his agent shall deny the registration or renewal
application until the applicant provides proof from the court or admin-
istrative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
he has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his discretion, deny a regis-
tration or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where the commissioner
has determined that such registrant's intent has been to evade the
purposes of this subdivision and where the commissioner has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
A. 3008--C 72
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
S 10. The vehicle and traffic law is amended by adding a new section
1180-b to read as follows:
S 1180-B. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED, IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION, TO ESTABLISH A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM SPEED LIMITS IN
A SCHOOL SPEED ZONE WITHIN SUCH CITY (A) WHEN A SCHOOL SPEED LIMIT IS IN
EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (B) WHEN OTHER SPEED
LIMITS ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE DURING THE FOLLOWING
TIMES: (I) ON SCHOOL DAYS DURING SCHOOL HOURS AND ONE HOUR BEFORE AND
ONE HOUR AFTER THE SCHOOL DAY, AND (II) A PERIOD DURING STUDENT ACTIV-
ITIES AT THE SCHOOL AND UP TO THIRTY MINUTES IMMEDIATELY BEFORE AND UP
TO THIRTY MINUTES IMMEDIATELY AFTER SUCH STUDENT ACTIVITIES. SUCH
DEMONSTRATION PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL PHOTO SPEED
VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN TWENTY SCHOOL SPEED
ZONES WITHIN SUCH CITY AT ANY ONE TIME AND TO OPERATE SUCH SYSTEMS WITH-
IN SUCH ZONES (A) WHEN A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
PARAGRAPHS ONE AND TWO OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE OR (B) WHEN OTHER SPEED LIMITS ARE IN EFFECT AS
PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE DURING THE FOLLOWING TIMES: (I) ON SCHOOL DAYS
DURING SCHOOL HOURS AND ONE HOUR BEFORE AND ONE HOUR AFTER THE SCHOOL
DAY, AND (II) A PERIOD DURING STUDENT ACTIVITIES AT THE SCHOOL AND UP TO
THIRTY MINUTES IMMEDIATELY BEFORE AND UP TO THIRTY MINUTES IMMEDIATELY
AFTER SUCH STUDENT ACTIVITIES. IN SELECTING A SCHOOL SPEED ZONE IN WHICH
TO INSTALL AND OPERATE A PHOTO SPEED VIOLATION MONITORING SYSTEM, SUCH
CITY SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO, THE SPEED
DATA, CRASH HISTORY, AND THE ROADWAY GEOMETRY APPLICABLE TO SUCH SCHOOL
SPEED ZONE.
2. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A
SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
FULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN
ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH FOUR OF THIS
SUBDIVISION. SUCH CITY MAY INSTALL SIGNS GIVING NOTICE THAT A PHOTO
SPEED VIOLATION MONITORING SYSTEM IS IN USE TO BE MOUNTED ON ADVANCE
WARNING SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH UPCOMING SCHOOL
SPEED ZONE AND/OR ON SPEED LIMIT SIGNS APPLICABLE WITHIN SUCH SCHOOL
SPEED ZONE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL BE
EMPLOYED BY THE CITY AND SHALL HAVE COMPLETED TRAINING IN THE PROCEDURES
FOR SETTING UP, TESTING, AND OPERATING SUCH SYSTEMS. EACH SUCH OPERATOR
SHALL COMPLETE AND SIGN A DAILY SET-UP LOG FOR EACH SUCH SYSTEM THAT HE
OR SHE OPERATES THAT (I) STATES THE DATE AND TIME WHEN, AND THE LOCATION
WHERE, THE SYSTEM WAS SET UP THAT DAY, AND (II) STATES THAT SUCH OPERA-
TOR SUCCESSFULLY PERFORMED, AND THE SYSTEM PASSED, THE SELF-TESTS OF
SUCH SYSTEM BEFORE PRODUCING A RECORDED IMAGE THAT DAY. THE CITY SHALL
RETAIN EACH SUCH DAILY LOG UNTIL THE LATER OF THE DATE ON WHICH THE
PHOTO SPEED VIOLATION MONITORING SYSTEM TO WHICH IT APPLIES HAS BEEN
PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION OF ALL CASES
A. 3008--C 73
INVOLVING NOTICES OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEO OR OTHER RECORDED IMAGES PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE CITY SHALL
KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL
RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING
SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE
OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM.
5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE
OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE CITY SHOWS THAT IT
MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH
IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE
OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY THE
CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
RELATE. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGU-
LATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY
OTHER RECORDED IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM
SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROC-
ESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDICATO-
RY BODY IN ANY ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS NECES-
SARY FOR THE ADJUDICATION OF A NOTICE OF LIABILITY ISSUED PURSUANT TO
THIS SECTION, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF
SHALL DISCLOSE SUCH INFORMATION, EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHO-
TOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
A. 3008--C 74
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) IF THE CITY OF NEW YORK ESTABLISHES A DEMONSTRATION PROGRAM PURSU-
ANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE
WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR
IMPLIED, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION (C) OR
DURING THE TIMES AUTHORIZED PURSUANT TO SUBDIVISION (A) OF THIS SECTION
IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF
MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT
WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
MATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM; PROVIDED
HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN
CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A SCHOOL SPEED ZONE IN VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
4. "SCHOOL SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOU-
SAND THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
PRODUCED BY A PHOTO SPEED VIOLATION MONITORING SYSTEM, SHALL BE PRIMA
FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICRO-
PHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL INCLUDE AT LEAST TWO DATE- AND TIME-STAMPED IMAGES OF
A. 3008--C 75
THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT
NEAR THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY
IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
PENALTIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY
OF NEW YORK. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL
NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT
SUCH PARKING VIOLATIONS BUREAU MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT
IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO
RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER A DEMONSTRATION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR
INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH
OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF
SUCH OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE- AND TIME-STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE MAY CONTEST THE
LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
NEW YORK, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND
MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN
A. 3008--C 76
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(J) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS
SECTION, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH PARKING
VIOLATIONS BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE
OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE
LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE
OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH
VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN
THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY
REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED
FOR SUCH PURPOSE.
(2) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
(3) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (G) OF THIS SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSU-
ANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF
THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION
AGAINST THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) IF THE CITY OF NEW YORK ESTABLISHES A DEMONSTRATION PROGRAM PURSU-
ANT TO SUBDIVISION (A) OF THIS SECTION, IT SHALL CONDUCT A STUDY AND
SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO SPEED VIOLATION MONI-
TORING SYSTEMS IN SCHOOL SPEED ZONES TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE
NOVEMBER FIRST, TWO THOUSAND EIGHTEEN. SUCH REPORT SHALL INCLUDE AN
A. 3008--C 77
ANALYSIS AND COMPARISON OF SCHOOL SPEED ZONES WHERE PHOTO SPEED
VIOLATION MONITORING SYSTEMS WERE INSTALLED AND SCHOOL SPEED ZONES WITH-
OUT SUCH SYSTEMS AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL SCHOOL SPEED ZONES
WITHIN SUCH CITY, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN SCHOOL SPEED ZONES WHERE
PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO THE EXTENT THE
INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE;
4. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
WITHIN SUCH CITY, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE AGGRE-
GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
6. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
WITHIN SUCH CITY THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
8. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY IN CONNECTION
WITH THE PROGRAM;
12. THE EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM;
AND
13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION
MONITORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED
VIOLATION.
S 11. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of
A. 3008--C 78
part II of chapter 59 of the laws of 2010, are amended to read as
follows:
Whenever proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-b of this chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, OR OTHER THAN AN
ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER,
there shall be levied a crime victim assistance fee and a mandatory
surcharge, in addition to any sentence required or permitted by law, in
accordance with the following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR
A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER, there shall be levied a crime victim assist-
ance fee in the amount of five dollars and a mandatory surcharge, in
addition to any sentence required or permitted by law, in the amount of
fifty-five dollars.
S 11-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-a of part II of chapter 59 of the laws of 2010,
is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
A. 3008--C 79
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an adjudication in
accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER, there shall be levied a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of twenty-five
dollars.
S 11-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-b of part II of chapter 59 of the laws of 2010,
is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER, there shall be levied a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of seventeen
dollars.
S 11-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by chapter 16 of the laws of 1983 and chapter 62
of the laws of 1989, is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there shall
be levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
S 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11 of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
A. 3008--C 80
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b of this chapter, and
except an adjudication in accordance with section eleven hundred
eleven-c of this chapter of a violation of a bus lane restriction as
defined in such section, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, and except an adjudication of
liability of an owner for a violation of toll collection regulations
pursuant to section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty,
there shall be levied in addition to any sentence, penalty or other
surcharge required or permitted by law, an additional surcharge of twen-
ty dollars.
S 12-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-a of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication in accordance with section eleven
hundred eleven-c of this chapter of a violation of a bus lane
restriction as defined in such section, AND EXCEPT AN ADJUDICATION OF
LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, and except an
adjudication of liability of an owner for a violation of toll collection
regulations pursuant to section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, there shall be levied in addition to any sentence, penal-
ty or other surcharge required or permitted by law, an additional
surcharge of twenty dollars.
S 12-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as added by section 1 of part EE of chapter 56 of the
laws of 2008, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
A. 3008--C 81
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty dollars.
S 13. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (m) to read as follows:
(M) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-B OF
THE VEHICLE AND TRAFFIC LAW.
S 14. The purchase or lease of equipment for a demonstration program
established pursuant to section 1180-b of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal law.
S 15. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation of
this act on its effective date shall be promulgated on or before such
effective date, provided that:
(a) the amendments to subdivision 1 of section 235 of the vehicle and
traffic law made by section one of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section one-a of this act shall take
effect;
(b) the amendments to section 235 of the vehicle and traffic law made
by section one-a of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-b of this act shall take effect;
(c) the amendments to section 235 of the vehicle and traffic law made
by section one-b of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-c of this act shall take effect;
(d) the amendments to section 235 of the vehicle and traffic law made
by section one-c of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-d of this act shall take effect;
(e) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-a of this act shall take
effect;
(f) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-a of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-b of this act shall take
effect;
(g) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-b of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
A. 3008--C 82
upon such date the provisions of section two-c of this act shall take
effect;
(h) the amendments to subdivision 12 of section 237 of the vehicle and
traffic law made by section three of this act shall not affect the
repeal of such subdivision and shall be deemed to be repealed therewith,
when upon such date the provisions of section three-a of this act shall
take effect;
(i) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-a of this
act shall take effect;
(j) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-a of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-b of this
act shall take effect;
(k) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-b of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-c of this
act shall take effect;
(l) the amendments to subdivision 4 of section 239 of the vehicle and
traffic law made by section five of this act shall not affect the repeal
of such subdivision and shall be deemed to be repealed therewith, when
upon such date the provisions of section five-a of this act shall take
effect;
(m) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section six of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section six-a of this act
shall take effect;
(n) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section six-a of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section six-b of this
act shall take effect;
(o) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section six-b of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section six-c of this
act shall take effect;
(p) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seven of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section
seven-a of this act shall take effect;
(q) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seven-a of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section
seven-b of this act shall take effect;
(r) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seven-b of this act
shall not affect the expiration of such paragraphs and shall be deemed
A. 3008--C 83
to expire therewith, when upon such date the provisions of section
seven-c of this act shall take effect;
(s) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section eight of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-a of this act
shall take effect;
(t) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section eight-a of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-b of this act
shall take effect;
(u) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section eight-b of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-c of this act
shall take effect;
(v) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section nine
of this act shall not affect the expiration of such paragraph and shall
be deemed to expire therewith, when upon such date the provisions of
section nine-a of this act shall take effect;
(w) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section nine-a of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section nine-b of this
act shall take effect;
(x) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section nine-b of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section nine-c of this
act shall take effect;
(y) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eleven of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section eleven-a of this act shall
take effect;
(z) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eleven-a of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section eleven-b of this act shall
take effect;
(aa) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section eleven-b of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section eleven-c of this act
shall take effect;
(bb) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section twelve of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section twelve-a
of this act shall take effect; and
(cc) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section twelve-a of this act
shall not affect the expiration of such paragraph and shall be deemed to
A. 3008--C 84
expire therewith, when upon such date the provisions of section twelve-b
of this act shall take effect.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through Z of this act shall be
as specifically set forth in the last section of such Parts.