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tion or a

of the university of the state of New York[, and]. Except for the United States of America and its transferees or assigns, said land and any improvements thereon shall be used only for hospital, park and recreation, Gunicipal office or educational purposes,

not-for-profit college or university chartered by the regents

demic

and for complementary acaScientific or technological uses, applied research and developactivities of a not-for-profit college or university, a volunmunicipal or state-operated hospital, or a municipal corporation. any improvements thereon transferred pursuant to this act be designed the United States of America or its transferees or assigns shall not or altered for the overnight housing and/or custody of pris

mental
tary,
Saidland of

το

oners or detainees. These purposes and/or restrictions shall be recorded as deed covenants and restrictions running with the land upon the trans

fer of the

or assigns.

§ 2. This

land to the town of Islip, Suffolk county and its transferees act shall take effect immediately.

CHAPTER 376

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nd the public health law, in relation to expediting hospition applications for renovation and capital improvement

nstitutional tuberculosis infection control

law July 17, 1992, with the approval of the Governor.
d by a majority vote, three-fifths being present.

of the State of New York, represented in Senate and Assem-
as follows:

Section 2802 of the public health law is amended by adding ion 3-a to read as follows:

of applications from hospitals in epidemic areas and ing state correctional facilities to renovate or provide improvement for the purpose of controlling the spread of nfection may be approved by the commissioner, who to the -cable may, but shall not be required to, consider the s of the health systems agency and the state hospital lanning council for applications for which he grants

uch cases the commissioner shall take further measures
xpedite departmental reviews for such approval.
t shall take effect immediately.

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CHAPTER 377

d the private housing finance law, in relation to the powew York state housing finance agency with relation to the cooperative fund program

law July 17, 1992, with the approval of the Governor.

d by a majority vote, three-fifths being present.

of the State of New York, represented in Senate and Assemas follows:

S:

ubdivisions 2 and 4 of section 1122 of the private housing s added by chapter 261 of the laws of 1988, are amended to loan may be made or its term extended pursuant to this arthe agency determines that the eligible applicants cannot atter in italics is new; matter in brackets [ ] is old law

afford or obtain the financing necessary to accomplish the purposes of such loans through the ordinary unaided operation of private enterprise. 4. Such contracts may provide for loans by the agency for the activities to be carried out by the eligible applicant under the contract, including participation in loans including but not limited to participation in loans originated or financed by lending institutions as defined in section forty-two of this chapter, private or public employee pension funds or the state of New York mortgage agency. Loans shall be at the prevailing interest rate in the area for long term residential mortgages or at such lower rate as the agency determines to be necessary for the project to be financially feasible. Loans shall not exceed ninety-five percent of the project costs including purchase price and costs for infrastructure improvement. The term of the loan for a cooperative project or infrastructure improvement shall not exceed ten years unless extended for periods not to exceed ten years in which case the term of the loan as extended shall not exceed thirty years in the aggregate and the amortization schedule for the loan shall not exceed thirty years.

2. This act shall take effect immediately.

CHAPTER 378

AN ACT to amend the criminal procedure law, in relation to execution of bench warrants

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 3 of section 420. 10 of the criminal procedure law, as amended by chapter 506 of the laws of 1985, is amended to read as follows:

or

3. Imprisonment for failure to pay. Where the court imposes a fine, restitution or reparation, the sentence may provide that if the defendant fails to pay the fine, restitution or reparation in accordance with the direction of the court, the defendant must be imprisoned until the fine, restitution or reparation is satisfied. Such provision may be added at the time sentence is pronounced or at any later date while the fine, restitution or reparation or any part thereof remains unpaid; provided, however, that if the provision is added at a time subsequent to the pronouncement of sentence the defendant must be personally present when it is added. In any case where the defendant fails to pay a fine, restitution or reparation as directed the court may issue a warrant directing a peace officer, acting pursuant to his special duties, a police officer, to take him into custody and bring him before the court; provided, however, if the court in which the warrant is returnable is a city, town or village court, and such court is not available, and the warrant is addressed to a police officer, such executing police officer must without unnecessary delay bring the defendant before an alternate local criminal court, as provided in subdivision five of section 120.90 of this chapter; or if the court in which the warrant is returnable is a superior court, and such court is not available, and the warrant is addressed to a police officer, such executing police officer may bring the defendant to the local correctional facility of the county which such court sits, to be detained there until not later than the commencement of the next session of such court occurring on the next business day. Such warrant may also be delegated in the same manner as a warrant pursuant to section 530.70 of this chapter. Where a sentence provides that the defendant be imprisoned for failure to pay a fine, the court shall advise the defendant that if he is unable to pay such fine, he has a right, at any time, to apply to the court to be resentenced as provided in subdivision five of this section.

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§ 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.

3059

AN

to

LAWS OF NEW YORK, 1992

CHAPTER 379

traf

amend the public authorities law, chapter 774 of the laws of relating to agreeing with the state of New Jersey with respect and regulations governing traffic on vehicular crossings the port of New York authority, and the vehicle and in relation to liability of vehicle owners for toll collec

ACT
1950,
to
operated by
fic law.

rules

tion violations

The

1 aw July 17, 1992, with the approval of the Governor. Passed by a majority vote, three-fifths being present.

Became a

People

bly, do enact

Section 1

of the State of New York, represented in Senate and Assemas follows:

Legislative intent. The legislature hereby finds and de

and

clares that electronic toll collection is a new technology that will offer significant benefits to the motoring public. Such benefits will in

clude custome increased

netic transmiss tached to the any physical and declares plementation

i t

This legisla which public

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convenience, road congestion relief, cost reductions traffic management. Transactions take place via electromagion between a scanner at a toll booth and a small tag atehicle allowing the toll to be paid automatically without volvement of the driver. The legislature further finds at implementation of this new technology will require imnew methods of toll collection enforcement. ion shall not be construed to affect in any way the power thorities possess to establish tolls and other charges in their tolled facilities, including their authority to way toll collection system for any of their facilities unt structure for certain classes of patrons using any of ublic authorities law is amended by adding a new section follows: er liability for failure of operator to comply with toll lations. 1. Notwithstanding any other provision of law, thority which operates a toll highway bridge and/or tunhereby authorized and empowered to impose monetary liaowner of a vehicle for failure of an operator thereof to toll collection regulations of such public authority in the provisions of this section.

connection establish a or or a toll disc their facilit i

§ 2.

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3. For purp son, corporat

ganization vehicle ident. wiz equitable

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(c) is the reg. tered with t state, territor (d) subject to tion, uses suc and includes cle subject to this section, Sensor instal? which automat crophotographs the time it regulations. regulations" authority prov

EXPLANATION-M

.

of a vehicle shall be liable for a civil penalty imposed s section if such vehicle was used or operated with the the owner, express or implied, in violation of toll colions, and such violation is evidenced by information obphoto-monitoring system, provided, however, that no owner all be liable for a penalty imposed pursuant to this sece operator of such vehicle has been convicted of a violallection regulations for the same incident.

or

ses of this section, the term "owner" shall mean any per-
n, partnership, firm, agency, association, lessor or
at the time of the violation and with respect to the
ied in the notice of liability: (a) is the beneficial

or

or

of such vehicle; or (b) has title to such vehicle; or strant or co-registrant of such vehicle which is regise department of motor vehicles of this state or any other district, province, nation or other jurisdiction; the limitations set forth in subdivision ten of this secvehicle in its vehicle renting and/or leasing business; e) a person entitled to the use and possession of a vehia security interest in another person. For purposes of the term "photo-monitoring system" shall mean a vehicle d to work in conjunction with a toll collection facility cally produces one or more photographs, one or more mia videotape or other recorded images of each vehicle at is used or operated in violation of toll collection or purposes of this section, the term "toll collection hall mean: those rules and regulations of a public ding for and requiring the payment of tolls and/or

tter in italics is new; matter in brackets [ ] is old law

charges prescribed by such public authority for the use of bridges, tunnels or highways under its jurisdiction or those rules and regulations of a public authority making it unlawful to refuse to pay or to evade or to attempt to evade the payment of all or part of any toll and/or charge for the use of bridges, tunnels or highways under the jurisdiction of such public authority. For purposes of this section, the term "vehicle" shall mean every device in, upon or by which a person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. 4. A certificate, Sworn to or affirmed by an agent of the public authority which charged that the violation occurred, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a photo-monitoring system shall be prima facie evidence of the facts contained therein and shall be admissible in any proceeding charging a violation of toll collection regulations, provided that any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection and admission into evidence in any proceeding to adjudicate the liability for such violation. 5. An owner found liable for a violation of toll collection regulations pursuant to this section shall for a first violation thereof be liable for a monetary penalty not to exceed fifty dollars or two times the toll evaded whichever is greater; for a second violation thereof both within eighteen months be liable for a monetary penalty not to exceed one hundred dollars or five times the toll evaded whichever is greater; for a third or subsequent violation thereof all within eighteen months be liable for a monetary penalty not to exceed one hundred fifty dollars or ten times the toll evaded whichever is greater.

6.

An imposition of liability pursuant to this section shall be based upon a preponderance of evidence as submitted. An imposition of liability pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the motor vehicle operating record, furnished pursuant to section three hundred fifty-four of the vehicle and traffic law, 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.

7. (a) 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 toll collection regulations. Such notice shall be mailed no later than thirty days after the alleged violation. 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 mailing of the notice.

(b) A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of toll collection regulations 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 and the identification number of the photo-monitoring system which recorded the violation or other document locator number.

(c) 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 warning to advise the persons 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.

(d) The notice of liability shall be prepared and mailed by the public authority having jurisdiction over the toll facility where the violation of toll collection regulations occurred.

8.

rules

Adjudication of the liability imposed upon owners by this section shall be by the entity having jurisdiction over violations of the and regulations of the public authority serving the notice of liability or where authorized by an administrative tribunal and all violations shall be heard and determined in the county in which the violation is alleged to have occurred, or in New York city and upon the consent of both parties, in any county within New York city in which the public authority operates or maintains a facility, and in the same manner as charges of other regulatory violations of such public authority or pursuant to the rules and regulations of such administrative tribunal as the case may be.

9. If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle was reported to the police

department
Jegation of

regulations

as having been stolen, it shall be a valid defense to an al-
of
liability for a violation
toll collection

If

that the vehicle had been reported to the police as stolen prior to the
time the violation occurred and had not been recovered by such time.
an owner receives a notice of liability pursuant to this section for any
during which the vehicle was stolen, but not as yet reported
allegation of liability for a violation of toll collection regulations
the police as having been stolen, it shall be a valid defense to an
pursuant to this section that the vehicle was reported as stolen within
two hours after the discovery of the theft by the owner. For purposes of

time period

asserting
cient that

be

ity

be

the defense provided by this subdivision it shall be suffistolen certified copy of the police report on the vehicle First class mail to the court or other entity having

a

that he or she

bility

the rental,

on

the

and

dat e

clearly legibl

of liability time period this section

jurisdiction
sent by
10. An own er
was issued
who is a lessor of a vehicle to which a notice of liabil-
liable
pursuant to subdivision seven of this section shall not
for the violation of the toll collection regulation provided
lia-
sends to the public authority serving the notice of
the court or other entity having jurisdiction a copy of
se or other such contract document covering such vehicle
of the violation, with the name and address of the lessee
within fifteen days after receiving the original notice
Failure to send such information within such thirty day
11 render the lessor liable for the penalty prescribed by
here the lessor complies with the provisions of this sub-
essee of such vehicle on the date of such violation shall
be the owner of such vehicle for purposes of this section
bject to liability for the violation of toll collection
rovided that the public authority mails a notice of lia-
essee within ten days after the court, or other entity
ction, deems the lessee to be the owner. For purposes of
-n the term "lessor" shall mean any person, corporation,
hip, agency, association or organization engaged in the
ting or leasing vehicles to any lessee under a rental
se or otherwise wherein the said lessee has the exclusive
icle for any period of time. For purposes of this sub-
term "lessee" shall mean any person, corporation, firm,
ency, association or organization that rents, leases or
the use of one or more vehicles and has exclusive use
period of time.

division, th

be

deemed

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and shall be regulations, bility to the having this subdivis Z jurisd firm, partner business of re agreement, le

use of said ve division partnership,

the

fo

contracts thereof for a

11. Except receives a

no

valid defense lection regul. bility pursu time the viola collection

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the vehicle ac tion for indez

12. "Electroz lecting tolls the appropria electronic de is used to ch ing procedures the public a adopt guidelin toll collecti counts are def tronic tolice of this section to succ quent at the t

quency

13. Nothing of an operator regulations. Notwith

14.

crophotographs this section s

EXPLANATION-M

provided in subdivision ten of this section, if a person ce of liability pursuant to this section it shall be a o an allegation of liability for a violation of toll colions that the individual who received the notice of liat to this section was not the owner of the vehicle at the ion occurred. If the owner liable for a violation of toll ulations pursuant to this section was not the operator of the time of the violation, the owner may maintain an ification against the operator.

e

ac

ic toll collection system" shall mean a system of colr charges which is capable of charging an account holder toll or charge by transmission of information from an ce on a motor vehicle to the toll lane, which information rge the account the appropriate toll or charge. In adoptfor the preparation and mailing of a notice of liability, thority having jurisdiction over the toll facility shall s to ensure adequate and timely notice to all electronic system account holders to inform them when their acnquent. An owner who is an account holder under the elecllection system shall not be found liable for a violation unless such authority has first sent a notice of delinaccount holder and the account holder was in fact delinme of the violation.

n

in this section shall be construed to limit the liability of a vehicle for any violation of toll collection

to

tanding any other provision of law, all photographs, mi-
videotape or other recorded images prepared pursuant
all be for the exclusive use of a public authority in the
tter in italics is new; matter in brackets [] is old law

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