RETRIEVE BILL TED - 0102
Legislative Bill Drafting Commission
12023-02-1
S. --------
SENATE
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IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
-------- A.
ASSEMBLY
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IN ASSEMBLY--Introduced by M. of A.
--read once and referred to the
Committee on
*VEHITRLA*
(Enacts major components of legis-
lation necessary to implement the
state fiscal plan for the 2001-2002
state fiscal year)
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V & T L. TED omnibus Art. VII
AN ACT
to provide for the utilization of
utility assessment funds (A); and to
provide for the use of petroleum
overcharge restitution funds (B);
and to authorize the dormitory
authority of the state of New York
to provide funding for the Cornell
University theory center (C); and to
amend chapter 432 of the laws of
1997 relating to the community
enhancement facilities assistance
program, in relation to the total
authorized bonding amount for such
program (D); and to authorize the
New York State urban development
2 12023-02-1
corporation to issue bonds for
purpose of creating or retaining
technology related jobs (E); and to
amend the vehicle and traffic law
and the penal law, in relation to
reducing the blood alcohol level
threshold for determination of
intoxication (F); and to amend chap-
ter 533 of the laws of 1993 amending
the vehicle and traffic law and the
correction law relating to the
suspension and revocation of driv-
er's licenses upon conviction of
certain drug-related offenses, in
relation to the effectiveness there-
of and to repeal section 8 of chap-
ter 533 of the laws of 1993 amending
the vehicle and traffic law and the
correction law relating to the
suspension and revocation of driv-
er's licenses upon conviction of
certain drug-related offenses, in
relation thereto and to repeal
section 28 of part E of chapter 58
of the laws of 1998 relating to a
report of the division of criminal
justice services, in relation there-
to (G); and to amend the vehicle and
traffic law, in relation to repeat
offenses for driving while intoxi-
cated and related offenses (H); and
to amend the vehicle and traffic
law, relating to distinctive license
plates and to amend provisions
relating to the issuance of special
or distinctive design plates and
distinctive license plates issued to
veterans and members of the mili-
tary; and to repeal certain
provisions of such law relating
thereto (I); and to provide the
annual authorization for the State's
CHIPS and Marchiselli local highway
capital assistance plans; and to
amend the highway law, in relation
to construction or improvement by
the department of transportation
partly at municipal expense (J); and
to amend the state finance law, in
relation to costs of the department
of transportation for snow and ice
control on state highways and
certain other personal services
costs (K)
3 12023-02-1
The People of the State of New
York, represented in Senate and
Assembly, do enact as follows:
4 12023-02-1
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2001-2002
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through K. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Expenditures of moneys appropriated in a chapter of the
14 laws of 2001 to the energy research and development authority from the
15 special revenue funds - other/state operations, miscellaneous special
16 revenue fund-339, energy research and planning account under the
17 research, development and demonstration and policy and planning programs
18 for services and expenses for the research, development and demon-
19 stration and policy and planning programs shall be subject to the
20 provisions of this section. Notwithstanding the provisions of subdivi-
21 sion 4-a of section 18-a of the public service law all moneys committed
22 or expended shall be reimbursed by assessment against gas corporations
23 and electric corporations as defined in section 2 of the public service
24 law, and the total amount which may be charged to any gas corporation
25 and any electric corporation shall not exceed one cent per one thousand
26 cubic feet of gas sold and .010 cent per kilowatt-hour of electricity
5 12023-02-1
1 sold by such corporations in their intrastate utility operations in
2 calendar year 1999. Such amounts shall be excluded from the general
3 assessment provisions of subdivision 2 of section 18-a of the public
4 service law, but shall be billed and paid in the manner set forth in
5 such subdivision and upon receipt shall be paid to the state comptroller
6 for deposit in the state treasury for credit to the miscellaneous
7 special revenue fund. The director of the budget shall not issue a
8 certificate of approval with respect to the commitment and expenditure
9 of moneys hereby appropriated until the chair of the authority shall
10 have submitted, and the director of the budget shall have approved, a
11 comprehensive financial plan encompassing all moneys available to and
12 all anticipated commitments and expenditures by the authority from any
13 source for the operations of the authority. Copies of the approved
14 comprehensive financial plan shall be immediately submitted by the
15 director of the budget to the chairs and secretaries of the legislative
16 fiscal committees.
17 § 2. This act shall take effect April 1, 2001.
18 PART B
19 Section 1. Funds appropriated from the statewide energy improvement
20 account, special revenue fund - other, for services and expenses of the
21 power authority of the state of New York, shall be available for energy
22 efficiency projects. The use of these funds is not intended to limit
23 the right or obligation of the power authority of the state of New York
24 to comply with the provisions of any contract, including any existing
25 contract with or for the benefit of the holders of any obligations of
26 the power authority.
6 12023-02-1
1 § 2. The power authority of the state of New York shall transfer
2 $1,900,000 to New York state on or before March 31, 2002.
3 § 3. Notwithstanding section 1010-a of the public authorities law, the
4 comptroller is hereby authorized and directed to transfer to the power
5 authority of the state of New York $1,900,000, constituting monies
6 appropriated to the statewide energy improvement account for the power
7 authority of the state of New York pursuant to a chapter of the laws of
8 2001 enacting the transportation, economic development and environmental
9 conservation bill, and the power authority of the state of New York is
10 authorized to hold such monies for the purposes specified in a chapter
11 of the laws of 2001.
12 § 4. In accordance with section 4 of the state finance law, the comp-
13 troller is hereby authorized and directed to transfer, upon request of
14 the director of the budget, up to $1,900,000 from the federal operating
15 grants fund (290) to the miscellaneous special revenue fund (339),
16 statewide energy improvement account, on or before March 31, 2002.
17 § 5. This act shall take effect April 1, 2001.
18 PART C
19 Section 1. The dormitory authority of the state of New York is author-
20 ized to enter into an agreement with Cornell University for the support
21 of operation of the parallel computing supercomputers at the theory
22 center for supercomputers in connection with the business of the dormi-
23 tory authority in an amount not to exceed $1,200,000 over amounts previ-
24 ously authorized.
25 § 2. This act shall take effect April 1, 2001.
7 12023-02-1
1 PART D
2 Section 1. Section 21-e of chapter 432 of the laws of 1997 constitut-
3 ing the community enhancement facilities assistance program is amended
4 to read as follows:
5 § 21-e. Notwithstanding the provisions of any other law to the
6 contrary, the authority is hereby authorized to issue bonds or notes in
7 one or more series for the purpose of funding project costs or making
8 grants, loans or combinations thereof for community enhancement facili-
9 ties projects. The aggregate principal amount of bonds authorized to be
10 issued pursuant to this section shall not exceed four hundred twenty-
11 five million three hundred forty-three million five hundred thousand
12 five hundred dollars total for all issuing authorities, excluding bonds
13 issued to fund one or more debt service reserve funds, to pay costs of
14 issuance of such bonds, and bonds or notes issued to refund or otherwise
15 repay such bonds or notes previously issued. Such bonds and notes of the
16 authority shall not be a debt of the state, and the state shall not be
17 liable thereon, nor shall they be payable out of any funds other than
18 those appropriated by the state to the authority for debt service and
19 related expenses pursuant to a service contract and such bonds and notes
20 shall contain on the face thereof a statement to such effect. Except
21 for purposes of complying with the internal revenue code, any interest
22 income earned on bond proceeds shall only be used to pay debt service on
23 such bonds.
24 § 2. This act shall take effect April 1, 2001.
25 PART E
8 12023-02-1
1 Section 1. (a) Notwithstanding the provisions of section 18 of the New
2 York state urban development corporation act, the urban development
3 corporation is hereby authorized to issue bonds or notes in one or more
4 series in an aggregate principal amount not to exceed $60,000,000,
5 excluding bonds issued to fund one or more debt service reserve funds,
6 to pay costs of issuance of such bonds, and bonds or notes issued to
7 refund or otherwise repay such bonds or notes previously issued, for the
8 purpose of making grants, loans or combinations thereof in accordance
9 with a programmatic and financial plan to be approved by the director of
10 the budget for capital projects which will support the creation or
11 retention of technology related jobs pursuant to guidelines promulgated
12 by the urban development corporation; and to reimburse the state capital
13 projects fund for disbursements made therefor. Eligible project costs
14 may include, but not be limited to the costs of construction and reha-
15 bilitation of research facilities, acquisition of equipment, and the
16 development of business incubators and business parks. Such bonds and
17 notes of the corporation shall not be a debt of the state and the state
18 shall not be liable thereon, nor shall they be payable out of any funds
19 other than those appropriated by the state to the corporation for debt
20 service and related expenses pursuant to any service contract executed
21 pursuant to subdivision (b) of this section, and such bonds and notes
22 shall contain on the face thereof a statement to such effect. Except for
23 purposes of complying with the internal revenue code, any interest
24 income earned on bond proceeds shall only be used to pay debt service on
25 such bonds.
26 (b) Notwithstanding any other law, rule or regulation to the contrary,
27 in order to assist the corporation in undertaking the administration and
28 financing of projects authorized pursuant to subdivision (a) of this
9 12023-02-1
1 section, the director of the budget is hereby authorized to enter into
2 one or more service contracts with the corporation, none of which shall
3 exceed more than 20 years in duration, upon such terms and conditions as
4 the director of the budget and the corporation agree, so as to annually
5 provide to the corporation, in the aggregate, a sum not to exceed the
6 annual debt service payments and related expenses required for the bonds
7 and notes issued pursuant to this section. Any service contract entered
8 into pursuant to this subdivision shall provide that the obligation of
9 the state to pay the amount therein provided shall not constitute a debt
10 of the state within the meaning of any constitutional or statutory
11 provision and shall be deemed executory only to the extent of monies
12 available and that no liability shall be incurred by the state beyond
13 the monies available for such purposes, subject to annual appropriation
14 by the legislature. Any such contract or any payments made or to be made
15 thereunder may be assigned or pledged by the corporation as security for
16 its bonds and notes, as authorized by this section.
17 § 2. This act shall take effect April 1, 2001.
18 PART F
19 Section 1. Subdivision 2 of section 1192 of the vehicle and traffic
20 law, as added by chapter 47 of the laws of 1988, is amended to read as
21 follows:
22 2. Driving while intoxicated; per se. No person shall operate a motor
23 vehicle while such person has .10 of one per centum or more by weight
24 of alcohol in the person's blood .08 grams or more of alcohol per 210
25 liters of breath or per 100 milliliters of blood as shown by chemical
26 analysis of such person's blood,or breath, urine or saliva, made
10 12023-02-1
1 pursuant to the provisions of section eleven hundred ninety-four of this
2 article.
3 § 2. Subdivision 4 of section 1192 of the vehicle and traffic law, as
4 added by chapter 47 of the laws of 1988, is amended to read as follows:
5 4. Driving while ability impaired by drugs and alcohol. (a) No person
6 shall operate a motor vehicle while the person's ability to operate such
7 a motor vehicle is impaired by the use of a drug as defined in this
8 chapter.
9 (b) No person shall operate a motor vehicle while the person's ability
10 to operate such a motor vehicle is impaired by the combined effects of
11 the consumption of alcohol and the use of one or more drugs as defined
12 in this chapter.
13 § 3. Subdivisions 5 and 6 of section 1192 of the vehicle and traffic
14 law, as amended by chapter 196 of the laws of 1996, are amended to read
15 as follows:
16 5. Commercial motor vehicles: per se - level I. Notwithstanding the
17 provisions of section eleven hundred ninety-five of this article, no
18 person shall operate a commercial motor vehicle while such person has
19 .04 of one per centum or more but not more than .07 of one per centum
20 by weight of alcohol in the person's blood grams or more but not more
21 than .06 grams of alcohol per two hundred ten liters of breath or per
22 one hundred milliliters of blood as shown by chemical analysis of such
23 person's blood , or breath, urine or saliva, made pursuant to the
24 provisions of section eleven hundred ninety-four of this article;
25 provided, however, nothing contained in this subdivision shall prohibit
26 the imposition of a charge of a violation of subdivision one of this
27 section, or of section eleven hundred ninety-two-a of this article where
28 a person under the age of twenty-one operates a commercial motor vehicle
11 12023-02-1
1 where a chemical analysis of such person's blood , or breath, urine,
2 or saliva, made pursuant to the provisions of section eleven hundred
3 ninety-four of this article, indicates that such operator has .02 of
4 one per centum or more but less than .04 of one per centum by weight of
5 alcohol grams or more but less than .04 grams of alcohol per two
6 hundred ten liters of breath or per one hundred milliliters of blood in
7 such operator's blood.
8 6. Commercial motor vehicles; per se - level II. Notwithstanding the
9 provisions of section eleven hundred ninety-five of this article, no
10 person shall operate a commercial motor vehicle while such person has
11 more than .07 of one per centum but less than .10 of one per centum by
12 weight of alcohol in the person's blood .06 grams or more but less than
13 .08 grams of alcohol per two hundred ten liters of breath or per one
14 hundred milliliters of blood as shown by chemical analysis of such
15 person's blood , or breath, urine or saliva, made pursuant to the
16 provisions of section eleven hundred ninety-four of this article;
17 provided, however, nothing contained in this subdivision shall prohibit
18 the imposition of a charge of a violation of subdivision one of this
19 section.
20 § 4. Clause b of subparagraph 1 of paragraph (e) of subdivision 2 of
21 section 1193 of the vehicle and traffic law, as added by chapter 47 of
22 the laws of 1988, is amended to read as follows:
23 b. The suspension under the preceding clause shall occur no later than
24 twenty days after the holder's first appearance before the court on the
25 charges or at the conclusion of all proceedings required for the
26 arraignment. In order for the court to impose such suspension it must
27 find that the accusatory instrument conforms to the requirements of
28 section 100.40 of the criminal procedure law and there exists reasonable
12 12023-02-1
1 cause to believe that the holder operated a motor vehicle in violation
2 of subdivision two, three or four of section eleven hundred ninety-two
3 of this article and either (i) the person had been convicted of any
4 violation under such section eleven hundred ninety-two of this article
5 within the preceding five years; or (ii) that the holder committed a
6 violation of a felony under article one hundred twenty or one hundred
7 twenty-five of the penal law. The original record of the chemical test
8 results included in any accusatory instrument need not be certified
9 pursuant to subdivision (c) of rule forty-five hundred eighteen of the
10 civil practice law and rules to be considered legally sufficient and
11 admissible in evidence. At such time the holder shall be entitled to an
12 opportunity to make a statement regarding the enumerated issues and to
13 present evidence tending to rebut the court's findings. Where such
14 suspension is imposed upon a pending charge of a violation of a felony
15 under article one hundred twenty or one hundred twenty-five of the penal
16 law and the holder has requested a hearing pursuant to article one
17 hundred eighty of the criminal procedure law, the court shall conduct
18 such hearing. If upon completion of the hearing, the court fails to find
19 that there is reasonable cause to believe that the holder committed a
20 felony under article one hundred twenty or one hundred twenty-five of
21 the penal law and the holder has not been previously convicted of any
22 violation of section eleven hundred ninety-two of this article within
23 the preceding five years the court shall promptly notify the commission-
24 er and direct restoration of such license to the license holder unless
25 such license is suspended or revoked pursuant to any other provision of
26 this chapter.
13 12023-02-1
1 § 5. Clauses a and b of subparagraph 7 of paragraph (e) of subdivision
2 2 of section 1193 of the vehicle and traffic law, as added by chapter
3 312 of the laws of 1994, are amended to read as follows:
4 a. A court shall suspend a driver's license, pending prosecution, of
5 any person charged with a violation of subdivision two or three of
6 section eleven hundred ninety-two of this article who, at the time of
7 arrest, is alleged to have had .10 of one percent or more by weight of
8 alcohol .08 grams or more of alcohol per two hundred ten liters of
9 breath or per one hundred milliliters of blood in such driver's breath
10 or blood as shown by chemical analysis of blood , or breath, urine or
11 saliva, made pursuant to subdivision two or three of section eleven
12 hundred ninety-four of this article.
13 b. The suspension occurring under this subparagraph shall occur no
14 later than at the conclusion of all proceedings required for the
15 arraignment; provided, however, that if the results of any test adminis-
16 tered pursuant to section eleven hundred ninety-four of this article are
17 not available within such time period, the complainant police officer or
18 other public servant shall transmit such results to the court at the
19 time they become available, and the court shall, as soon as practicable
20 following the receipt of such results and in compliance with the
21 requirements of this subparagraph, suspend such license. In order for
22 the court to impose such suspension it must find that the accusatory
23 instrument conforms to the requirements of section 100.40 of the crimi-
24 nal procedure law and there exists reasonable cause to believe that the
25 holder operated a motor vehicle while such holder had .10 of one
26 percent or more by weight of alcohol .08 grams or more of alcohol per
27 two hundred ten liters of breath or per one hundred milliliters of blood
28 in his or her blood or breath as was shown by chemical analysis of such
14 12023-02-1
1 person's blood , or breath, urine or saliva, made pursuant to the
2 provisions of section eleven hundred ninety-four of this article. The
3 original record of the chemical test results included in any accusatory
4 instrument need not be certified pursuant to subdivision (c) of rule
5 forty-five hundred eighteen of the civil practice law and rules to be
6 considered legally sufficient and admissible in evidence. At the time of
7 such license suspension the holder shall be entitled to an opportunity
8 to make a statement regarding these two issues and to present evidence
9 tending to rebut the court's findings.
10 § 6. Subparagraph 2 of paragraph (a) of subdivision 4 of section 1194
11 of the vehicle and traffic law, as added by chapter 47 of the laws of
12 1988, is amended to read as follows:
13 (2) No person entitled to withdraw blood pursuant to subparagraph one
14 of this paragraph or hospital employing such person, and no other
15 employer of such person shall be sued or held liable for any act done or
16 omitted in the course of withdrawing blood at the request of a police
17 officer pursuant to this section, nor shall any person from whom blood
18 is to be drawn be required to sign a waiver or consent form by a person
19 authorized to withdraw blood at the request of a police officer pursuant
20 to this section.
21 § 7. Section 1194 of the vehicle and traffic law is amended by adding
22 a new subdivision 5 to read as follows:
23 5. Hospital records. Notwithstanding section forty-five hundred four
24 of the civil practice law and rules, or any other law to the contrary,
25 blood test results and related records, not otherwise obtained in
26 accordance with this article, shall be provided to a court or adminis-
27 trative hearing tribunal of competent jurisdiction or to a grand jury
28 for use therein pursuant to a subpoena duces tecum issued in accordance
15 12023-02-1
1 with applicable law for the limited purpose of proving intoxication or
2 impairment by alcohol or drugs or both by an operator of a motor vehi-
3 cle.
4 § 8. Paragraph (a) of subdivision 1 of section 1194-a of the vehicle
5 and traffic law, as added by chapter 196 of the laws of 1996, is amended
6 to read as follows:
7 (a) Whenever a chemical test of the breath , or blood, urine or
8 saliva of an operator who is under the age of twenty-one indicates that
9 such person has operated a motor vehicle in violation of section eleven
10 hundred ninety-two-a of this article, and such person is not charged
11 with violating any subdivision of section eleven hundred ninety-two
12 arising out of the same incident, the police officer who administered
13 the test shall forward a report of the results of such test to the
14 department within twenty-four hours of the time when such results are
15 available in a manner prescribed by the commissioner, and the operator
16 shall be given a hearing notice as provided in subdivision one-a of this
17 section, to appear before a hearing officer in the county where the
18 chemical test was administered, or in an adjoining county under such
19 circumstances as prescribed by the commissioner, on a date to be estab-
20 lished in accordance with a schedule promulgated by the commissioner.
21 Such hearing shall occur within thirty days of, but not less than
22 forty-eight hours from, the date that the chemical test was adminis-
23 tered, provided, however, where the commissioner determines, based upon
24 the availability of hearing officers and the anticipated volume of hear-
25 ings at a particular location, that the scheduling of such hearing with-
26 in thirty days would impair the timely scheduling or conducting of other
27 hearings pursuant to this chapter, such hearing shall be scheduled at
28 the next hearing date for such particular location. When providing the
16 12023-02-1
1 operator with such hearing notice, the The police officer shall also
2 give to the operator, and shall, prior to the commencement of the hear-
3 ing, provide to the department, copies of the following reports, docu-
4 ments and materials: any written report or document, or portion thereof,
5 concerning a physical examination, a scientific test or experiment,
6 including the most recent record of inspection, or calibration or repair
7 of machines or instruments utilized to perform such scientific tests or
8 experiments and the certification certificate, if any, held by the oper-
9 ator of the machine or instrument, which tests or examinations were made
10 by or at the request or direction of a public servant engaged in law
11 enforcement activity. Such reports, documents, and materials must also
12 be provided by the officer to the operator by personal service or by
13 mailing to the address provided by the operator within five days prior
14 to the hearing date. The report of the police officer shall be verified
15 by having the report sworn to, or by affixing to such report a form
16 notice that false statements made therein are punishable as a class A
17 misdemeanor pursuant to section 210.45 of the penal law and such form
18 notice together with the subscription of the deponent shall constitute
19 verification of the report.
20 § 9. Subparagraph 4 of paragraph (a) of subdivision 2 of section 1194
21 of the vehicle and traffic law, as amended by chapter 196 of the laws of
22 1996, is amended to read as follows:
23 (4) notwithstanding any other provision of law to the contrary, no
24 person under the age of twenty-one shall be arrested for an alleged
25 violation of section eleven hundred ninety-two-a of this article.
26 However, a person under the age of twenty-one for whom a chemical test
27 is authorized pursuant to this paragraph may be temporarily detained by
28 the police solely for the purpose of requesting or administering such
17 12023-02-1
1 chemical test carrying out the applicable provisions of this article
2 whenever arrest without a warrant for a petty offense would be author-
3 ized in accordance with the provisions of section 140.10 of the criminal
4 procedure law or paragraph (a) of subdivision one of this section.
5 § 10. Paragraphs (b) and (c) of subdivision 2 of section 1195 of the
6 vehicle and traffic law, as added by chapter 47 of the laws of 1988, are
7 amended to read as follows:
8 (b) Evidence that there was more than .05 of one per centum but not
9 more than .07 of one per centum by weight of alcohol in grams or more
10 but less than .07 grams of alcohol per two hundred ten liters of such
11 person's breath or per one hundred milliliters of such person's blood
12 shall be prima facie evidence that such person was not in an intoxicated
13 condition, but such evidence shall be relevant evidence, but shall not
14 be given prima facie effect, in determining whether the ability of such
15 person to operate a motor vehicle was impaired by the consumption of
16 alcohol; and
17 (c) Evidence that there was more than .07 of one per centum but less
18 than .10 of one per centum by weight of alcohol .07 grams of alcohol
19 per two hundred ten liters of such person's breath or per one hundred
20 milliliters in such person's blood shall be prima facie evidence that
21 such person was not in an intoxicated condition, but such evidence shall
22 be given prima facie effect in determining whether the ability of such
23 person to operate a motor vehicle was impaired by the consumption of
24 alcohol.
25 § 11. Paragraph (a) of subdivision 3 of section 1197 of the vehicle
26 and traffic law, as added by chapter 47 of the laws of 1988, is amended
27 to read as follows:
18 12023-02-1
1 (a) The program shall provide a plan for coordination of state, coun-
2 ty, town, city and village efforts to reduce alcohol-related traffic
3 injuries and fatalities.
4 § 12. Paragraph (b) of subdivision 5 of section 1197 of the vehicle
5 and traffic law, as added by chapter 47 of the laws of 1988, is amended
6 to read as follows:
7 (b) Receive proposals from state, county, town, city or village agen-
8 cies or non-governmental groups for activities related to alcohol traf-
9 fic safety and to submit them to the county board of legislators or
10 other such governing body, together with a recommendation for funding of
11 the activity if deemed appropriate.
12 § 13. The vehicle and traffic law is amended by adding a new section
13 1102-a to read as follows:
14 § 1102-a. Evasion of police officer. (a) No person, while operating a
15 motor vehicle, shall flee or elude, or attempt to flee or elude, any
16 police officer after having knowingly received a lawful direction, order
17 or signal from said police officer to bring the motor vehicle to a full
18 stop, provided however, that such officer was operating an authorized
19 emergency vehicle conspicuously marked with police decals and the offi-
20 cer activated the emergency lights and siren of the vehicle. Any person
21 violating this provision shall be guilty of a misdemeanor.
22 (b) Any person acting in violation of subdivision (a) of this section,
23 whose conduct thereby results in physical injury to a police officer or
24 to a third person, shall be guilty of a class E felony.
25 § 14. Section 120.03 of the penal law, as separately amended by chap-
26 ters 427 and 805 of the laws of 1992 and subdivision 3 as amended by
27 chapter 629 of the laws of 1998, is amended to read as follows:
28 § 120.03 Vehicular assault in the second degree.
19 12023-02-1
1 A person is guilty of vehicular assault in the second degree when he
2 or she:
3 (1) with criminal negligence he causes serious physical injury to
4 another person, and either
5 (2) causes such serious physical injury to another person by opera-
6 tion of a vehicle in violation of subdivision two, three or four of
7 section eleven hundred ninety-two of the vehicle and traffic law or by
8 operation of a vessel or public vessel in violation of paragraph (b),
9 (c), (d) or (e) of subdivision two of section forty-nine-a of the navi-
10 gation law, or
11 (3) (2) causes such serious physical injury to another person by
12 operation of a motor vehicle with a gross vehicle weight rating of more
13 than eighteen ten thousand pounds which contains flammable gas, radio-
14 active materials or explosives in violation of subdivision one of
15 section eleven hundred ninety-two of the vehicle and traffic law, and
16 such flammable gas, radioactive materials or explosives is the cause of
17 such serious physical injury, by operation of a snowmobile in violation
18 of paragraph (b), (c) or (d) of subdivision one of section 25.24 of the
19 parks, recreation and historic preservation law or by operation of an
20 all terrain vehicle as defined in paragraph (a) of subdivision one of
21 section twenty-two hundred eighty-one of the vehicle and traffic law and
22 in violation of subdivision two, three, or four of section eleven
23 hundred ninety-two of the vehicle and traffic law.
24 (3) in any prosecution under this section, it shall be an affirmative
25 defense that the primary cause of such serious physical injury was some
26 factor other than either the actor's intoxication or impairment by the
27 use of a drug.
28 Vehicular assault in the second degree is a class E felony.
20 12023-02-1
1 § 15. Section 125.12 of the penal law, as separately amended by chap-
2 ters 427 and 805 of the laws of 1992 and subdivision 3 as amended by
3 chapter 629 of the laws of 1998, is amended to read as follows:
4 § 125.12 Vehicular manslaughter in the second degree.
5 A person is guilty of vehicular manslaughter in the second degree when
6 he or she:
7 (1) commits the crime of criminally negligent homicide as defined in
8 section 125.10, and either
9 (2) causes the death of such other another person by operation of a
10 vehicle in violation of subdivision two, three or four of section eleven
11 hundred ninety-two of the vehicle and traffic law or by operation of a
12 vessel or public vessel in violation of paragraph (b), (c), (d) or (e)
13 of subdivision two of section forty-nine-a of the navigation law, or
14 (3) (2) causes the death of such other person by operation of a
15 motor vehicle with a gross vehicle weight rating of more than eighteen
16 ten thousand pounds which contains flammable gas, radioactive materials
17 or explosives in violation of subdivision one of section eleven hundred
18 ninety-two of the vehicle and traffic law, and such flammable gas,
19 radioactive materials or explosives is the cause of such death, by oper-
20 ation of a snowmobile in violation of paragraph (b), (c) or (d) of
21 subdivision one of section 25.24 of the parks, recreation and historic
22 preservation law or by operation of an all terrain vehicle as defined in
23 paragraph (a) of subdivision one of section twenty-two hundred eighty-
24 one of the vehicle and traffic law in violation of subdivision two,
25 three, or four of section eleven hundred ninety-two of the vehicle and
26 traffic law.
27 (3) in any prosecution under this section, it shall be an affirmative
28 defense that such death was primarily caused by some factor other than
21 12023-02-1
1 either the actor's intoxication or impairment by the use of a drug or
2 the manner in which he or she operated the motor vehicle, vessel, public
3 vessel, snowmobile or all terrain vehicle while so intoxicated or
4 impaired by the use of a drug.
5 Vehicular manslaughter in the second degree is a class D felony.
6 § 16. The closing paragraph of section 260.20 of the penal law, as
7 amended by chapter 362 of the laws of 1992, is amended to read as
8 follows:
9 Unlawfully dealing with a child in the first degree is a class A
10 misdemeanor; provided, however, that a person who violates the
11 provisions of subdivision two of this section after having been previ-
12 ously convicted twice of a violation of subdivision two of this section
13 within the preceding five years shall be guilty of a class E felony.
14 § 17. This act shall take effect on the first day of November next
15 succeeding the date on which it shall have become a law, provided,
16 however, that section three of this act shall take effect immediately
17 and further, provided, however, that the amendments to clauses a and b
18 of subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of
19 the vehicle and traffic law made by section five of this act shall not
20 affect the repeal of such subparagraph and shall be deemed repealed
21 therewith.
22 PART G
23 Section 1. Section 8 of chapter 533 of the laws of 1993, amending the
24 vehicle and traffic law and the correction law relating to the suspen-
25 sion and revocation of driver's licenses upon conviction of certain
26 drug-related offenses, is REPEALED.
22 12023-02-1
1 § 2. Section 9 of chapter 533 of the laws of 1993, amending the vehi-
2 cle and traffic law and the correction law relating to the suspension
3 and revocation of driver's licenses upon conviction of certain drug-re-
4 lated offenses, as amended by chapter 447 of the laws of 2000, is
5 amended to read as follows:
6 § 9. This act shall take effect September 30, 1993 and shall apply to
7 convictions based on offenses which occurred on or after such date and
8 shall remain in full force and effect until October 1, 2001 when upon
9 such date the provisions of this act shall be deemed repealed and the
10 provisions of law amended by this act shall revert to and be read as if
11 the provisions of this act had not been enacted .
12 3. Section 28 of part E of chapter 58 of the laws of 1998, relating to
13 a report of the division of criminal justice services, is REPEALED.
14 § 4. This act shall take effect immediately.
15 PART H
16 Section 1. Subparagraph 6 of paragraph (d) of subdivision 1 of section
17 1193 of the vehicle and traffic law, as amended by chapter 26 of the
18 laws of 1996, is renumbered subparagraph 6-a and amended to read as
19 follows:
20 (6-a) The sentences required to be imposed by subparagraph one, one-a,
21 two, three, four, four-a or five o , five or six of this paragraph
22 shall be imposed notwithstanding any contrary provision of this chapter
23 or the penal law.
24 § 2. Paragraph (d) of subdivision 1 of section 1193 of the vehicle and
25 traffic law is amended by adding a new subparagraph 6 to read as
26 follows:
23 12023-02-1
1 (6) (i) Except as provided for in clause (ii) of this subparagraph, a
2 person who operates a vehicle in violation of subdivision two, three,
3 four, five or six of section eleven hundred ninety-two of this article
4 after having been convicted of a violation of subdivision two, three,
5 four, five or six of such section within the preceding five years shall,
6 in addition to any other penalties prescribed in this subdivision, be
7 sentenced to a term of imprisonment of five days, or, as an alternative
8 to imprisonment, shall be required to perform thirty days of service for
9 a public or not-for-profit corporation, association, institution or
10 agency as set forth in paragraph (h) of subdivision two of section 65.10
11 of the penal law as a condition of sentencing for such violation.
12 (ii) Except as provided for in clause (i) of this subparagraph, a
13 person who operates a vehicle in violation of subdivision two, three,
14 four, five or six of section eleven hundred ninety-two of this article
15 after having been convicted on two or more occasions of a violation of
16 subdivision two, three, four, five or six of such section within the
17 preceding five years shall, in addition to any other penalties
18 prescribed in this subdivision, be sentenced to a term of imprisonment
19 of ten days, or, as an alternative to imprisonment, shall be required to
20 perform sixty days of service for a public or not-for-profit corpo-
21 ration, association, institution or agency as set forth in paragraph (h)
22 of subdivision two of section 65.10 of the penal law as a condition of
23 sentencing for such violation.
24 (iii) A court sentencing any person as provided in clause (i) or (ii)
25 of this subparagraph shall order that such person receive an assessment
26 of the degree of such person's alcohol and/or substance abuse and an
27 assessment of appropriate treatment for such alcohol and/or substance
28 abuse.
24 12023-02-1
1 (iv) Upon the sentencing of any person pursuant to clause (i) or (ii)
2 of this subparagraph, the court shall also order that, during any period
3 of license revocation required to be imposed pursuant to paragraph (b)
4 of subdivision two of this section, the registration of each motor vehi-
5 cle owned by such person be revoked; provided, however, that the court
6 may grant relief from such registration revocation if an individual,
7 other than the person sentenced, would be subjected to undue hardship
8 due to such revocation. Notwithstanding any inconsistent provision of
9 section eleven hundred ninety-eight of this article, as an alternative
10 to such registration revocation, the court may order that each motor
11 vehicle owned by the person sentenced be equipped with an ignition
12 interlock device, as defined in section one hundred nineteen-a of this
13 chapter, upon the termination of any period of license revocation.
14 § 3. This act shall take effect on the thirtieth day of September next
15 succeeding the date on which it shall have become a law.
16 PART I
17 Section 1. Subdivision 1 of section 403-b of the vehicle and traffic
18 law, as added by chapter 452 of the laws of 2000, is amended to read as
19 follows:
20 1. A dealer, retail dealer, new motor vehicle dealer or qualified
21 dealer holding a certificate of registration issued pursuant to section
22 four hundred fifteen of this title shall be authorized to obtain or
23 order special number or distinctive license design number plates for
24 a purchaser of a vehicle from such dealer in return for a processing fee
25 not to exceed five dollars. Such dealer shall not be required to secure
26 a license pursuant to section three hundred ninety-five of this chapter.
25 12023-02-1
1 § 2. Subdivision 1 of section 404 of the vehicle and traffic law, as
2 amended by chapter 170 of the laws of 1994, is amended to read as
3 follows:
4 1. The commissioner may issue special or distinctive design number
5 plates to applicants therefor in the same manner as other number plates
6 are issued pursuant to this article. Such special or distinctive design
7 number plates shall be issued only upon payment of a one-time fee of
8 twenty-five dollars and an annual service charge of twenty-five
9 dollars twelve dollars and fifty cents in addition to the regular fee
10 prescribed by section four hundred one of this chapter, provided that a
11 further additional annual service charge of twenty-five dollars shall be
12 charged for any such plate containing specially requested numerals
13 and/or letters, and provided that no other additional fee or service
14 charge prescribed in this chapter shall be charged for such transaction.
15 Application for special or distinctive design number plates shall be
16 made in accordance with regulations promulgated by the commissioner with
17 respect to issuance of such number plates and filed with the commission-
18 er in such form and detail as the commissioner shall prescribe.
19 Provided, however, in lieu of the annual fee specified herein, the
20 commissioner may establish specific categories of plates for which an
21 a different one-time or annual fee of not less than fifteen ten
22 dollars nor more than twenty-five fifty dollars may be charged subject
23 to the approval of the director of the division of the budget.
24 § 3. Subdivision 3 of section 404-d of the vehicle and traffic law, as
25 added by chapter 486 of the laws of 1996, is amended to read as follows:
26 3. A distinctive plate issued pursuant to this section shall be issued
27 in the same manner as other number plates upon payment of the regular
28 registration fee prescribed by section four hundred one of this article
26 12023-02-1
1 provided, however, that no service charge an additional one-time
2 service charge of ten dollars shall be charged for such plate.
3 § 4. Subdivision 3 of section 404-e of the vehicle and traffic law, as
4 amended by chapter 486 of the laws of 1996, is amended to read as
5 follows:
6 3. A distinctive plate issued pursuant to this section shall be issued
7 in the same manner as other number plates upon payment of the regular
8 registration fee prescribed by section four hundred one of this article,
9 provided, however, that no an additional one-time service charge of
10 ten dollars shall be charged for such plate.
11 § 5. Subdivision 3 of section 404-h of the vehicle and traffic law, as
12 added by chapter 63 of the laws of 1991, is amended to read as follows:
13 3. A distinctive plate issued pursuant to this section shall be issued
14 in the same manner as other number plates upon payment of the regular
15 registration fee prescribed by section four hundred one of this article
16 provided, however, that an additional annual one-time service charge
17 of fifteen ten dollars shall be charged for such plate.
18 § 6. Subdivision 4 of section 404-j of the vehicle and traffic law, as
19 amended by chapter 277 of the laws of 1991 and such section as renum-
20 bered by chapter 108 of the laws of 1994, is amended to read as follows:
21 4. Fee. A special plate and registration issued pursuant to this
22 section shall be issued upon payment of the regular registration fee
23 prescribed by section four hundred one of this article provided, howev-
24 er, that an additional annual one-time service charge of fifteen ten
25 dollars shall be charged for such plate.
26 § 7. Subdivision 3 of section 404-k of the vehicle and traffic law, as
27 added by chapter 693 of the laws of 1991 and such section as renumbered
28 by chapter 108 of the laws of 1994, is amended to read as follows:
27 12023-02-1
1 3. A distinctive plate issued pursuant to this section shall be issued
2 in the same manner as other number plates upon payment of the regular
3 registration fee prescribed by section four hundred one of this article
4 provided, however, that an additional annual one-time service charge
5 of fifteen ten dollars shall be charged for such plate.
6 § 8. Subdivision 3 of section 404-p of the vehicle and traffic law, as
7 added by chapter 486 of the laws of 1996, is amended to read as follows:
8 3. A distinctive plate issued pursuant to this section shall be issued
9 in the same manner as other number plates upon payment of the regular
10 registration fee prescribed by section four hundred one of this arti-
11 cle , provided, however, that no registration fee or service charge
12 shall be charged for such plate.
13 § 9. Paragraph f of subdivision 6 of section 401 and section 404-l of
14 the vehicle and traffic law are REPEALED.
15 § 10. The vehicle and traffic law is amended by adding a new section
16 404-s to read as follows:
17 § 404-s. Plate and transaction fees. Other than fees required to be
18 charged as part of any general plate re-issuance, the fees imposed for
19 plates issued pursuant to subdivision one of section four hundred four,
20 four hundred four-b, four hundred four-c, four hundred four-d, four
21 hundred four-e, four hundred four-f, four hundred four-g, four hundred
22 four-h, four hundred four-i, four hundred four-j, four hundred four-k,
23 four hundred four-m, four hundred four-n, four hundred four-o, four
24 hundred four-p and four hundred four-q of this article shall be deemed
25 to include the fees charged pursuant to paragraph a of subdivision three
26 of section four hundred one of this article, for the actual cost of
27 plates and transaction costs.
28 § 11. This act shall take effect October 1, 2001.
28 12023-02-1
1 PART J
2 Section 1. The sum of two hundred fifty-seven million six hundred
3 thousand dollars ($257,600,000), or so much thereof as shall be neces-
4 sary, and in addition to amounts previously appropriated by law, is
5 hereby made available, in accordance with subdivision 1 of section 380
6 of the public authorities law as amended, according to the following
7 schedule. Payments pursuant to subdivision (a) of this section shall be
8 made available as moneys become available for such payments. Payments
9 pursuant to subdivision (b) of this section shall be made available on
10 the fifteenth day of June, September, December and March or as soon
11 thereafter as moneys become available for such payments. No moneys of
12 the state in the state treasury or any of its funds shall be available
13 for payments pursuant to this section:
14 SCHEDULE
15 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
16 to municipalities for repayment of eligible costs of federal aid munici-
17 pal street and highway projects pursuant to section 15 of chapter 329 of
18 the laws of 1991, as added by section 9 of chapter 330 of the laws of
19 1991, as amended. The department of transportation shall provide such
20 information to the municipalities as may be necessary to maintain the
21 federal tax exempt status of any bonds, notes, or other obligations
22 issued by such municipalities to provide for the non-federal share of
23 the cost of projects pursuant to chapter 330 of the laws of 1991 or
24 section 80-b of the highway law.
25 (b) Two hundred seventeen million nine hundred thousand dollars
26 ($217,900,000) to counties, cities, towns and villages for reimbursement
27 of eligible costs of local highway and bridge projects pursuant to
29 12023-02-1
1 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
2 section 9 of chapter 330 of the laws of 1991, as amended. For the
3 purposes of computing allocations to municipalities, the amount distrib-
4 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
5 deemed to be $114,188,000. The amount distributed pursuant to section
6 16-a of chapter 329 of the laws of 1991 shall be deemed to be
7 $103,712,000. Notwithstanding the provisions of any general or special
8 law, the amounts deemed distributed in accordance with section 16 of
9 chapter 329 of the laws of 1991 shall be adjusted so that such amounts
10 will not be less than 78.750 percent of the "funding level" as defined
11 in subdivision 5 of section 10-c of the highway law for each such muni-
12 cipality. In order to achieve the objectives of section 16 of chapter
13 329 of the laws of 1991, to the extent necessary, the amounts in excess
14 of 78.750 percent of the funding level to be deemed distributed to each
15 municipality under this subdivision shall be reduced in equal propor-
16 tion.
17 § 2. Subdivision 1 of section 80-b of the highway law, as amended by
18 chapter 284 of the laws of 1983 and as designated by chapter 56 of the
19 laws of 1993, is amended to read as follows:
20 1. In connection with the undertaking of any project for which the
21 commissioner is authorized to use moneys of the federal government
22 pursuant to the provisions of subdivision thirty-four-a of section ten
23 and section eighty of this chapter to assure the effective discharge of
24 state responsibilities with respect to regional transportation needs, on
25 highways, roads or streets that are not on the state highway system, the
26 commissioner of transportation shall submit such project to the govern-
27 ing body or bodies of the affected municipality or municipalities
28 together with estimates of costs thereof. If such project includes a
30 12023-02-1
1 municipal project, as that term is defined in accordance with article
2 thirteen of the transportation law, the state share of such municipal
3 project shall also be included. If such project includes a project
4 affecting a highway, road or street not on the state highway system, the
5 state share shall be equal to eighty percent of the difference between
6 the total project cost and the federal assistance, provided, however,
7 the commissioner may increase the state share to an amount equal to one
8 hundred percent of the difference between the total project cost and the
9 federal assistance where he determines that the need for the project
10 results substantially from actions undertaken pursuant to section ten of
11 this chapter. The state share of any such highway project shall be
12 payable from appropriations made to the department of transportation for
13 the construction or reconstruction of state highways, with or without
14 federal aid. Except for individual projects where the non-federal share
15 of a federally aided municipal project is less than five thousand
16 dollars, no state or local shares of municipal streets and highways
17 projects shall be payable from the non-fiduciary funds of the capital
18 projects budget of the department of transportation. No such project
19 shall proceed without the approval of the governing body of a munici-
20 pality. Such governing body may request the commissioner to undertake
21 the provision of such project. If the commissioner agrees to such under-
22 taking he shall notify the local governing body which shall appropriate
23 sufficient moneys to pay the estimated amount of the municipal share.
24 Such moneys shall be deposited with the state comptroller who is author-
25 ized to receive and accept the same for the purposes of such project,
26 subject to the draft or requisition of the commissioner. When the work
27 of such project has been completed, the commissioner shall render to the
28 governing body of such municipality an itemized statement showing in
31 12023-02-1
1 full (a) the amount of money that has been deposited by such munici-
2 pality with the state comptroller as hereinbefore provided, and (b) all
3 disbursements made pursuant to this section for such project. Any
4 surplus moneys shall be paid to such municipality on the warrant of the
5 comptroller on vouchers therefor approved by the commissioner. When the
6 work of such project has been completed and it is determined by the
7 commissioner that the amount of the cost to be borne by the municipality
8 is in excess of the amount deposited by such municipality with the state
9 comptroller, the commissioner shall then notify the municipality of the
10 deficiency of funds. The municipality shall then within ninety days of
11 the receipt of such notice, pay such amount to the state comptroller.
12 For purposes of this section, the term "municipality" shall include a
13 city, county, town, village or two or more of the foregoing acting
14 jointly.
15 § 3. This act shall take effect April 1, 2001.
16 PART K
17 Section 1. Paragraph a of subdivision 5 of section 89-b of the state
18 finance law, as amended by section 5 of part P of chapter 61 of the laws
19 of 2000, is amended to read as follows:
20 a. Moneys in the dedicated highway and bridge trust fund shall,
21 following appropriation by the legislature, be utilized for: recon-
22 struction, replacement, reconditioning, restoration, rehabilitation and
23 preservation of state, county, town, city and village roads, highways,
24 parkways, and bridges thereon, to restore such facilities to their
25 intended functions; construction, reconstruction, enhancement and
26 improvement of state, county, town, city, and village roads, highways,
32 12023-02-1
1 parkways, and bridges thereon, to address current and projected capacity
2 problems including costs for traffic mitigation activities; aviation
3 projects authorized pursuant to section fourteen-j of the transportation
4 law and for payments to the general debt service fund of amounts equal
5 to amounts required for service contract payments related to aviation
6 projects as provided and authorized by section three hundred eighty-six
7 of the public authorities law; programs to assist small and minority and
8 women-owned firms engaged in transportation construction and recon-
9 struction projects, including a revolving fund for working capital
10 loans, and a bonding guarantee assistance program in accordance with
11 provisions of this chapter; matching federal grants or apportionments to
12 the state for highway, parkway and bridge capital projects; the acquisi-
13 tion of real property and interests therein required or expected to be
14 required in connection with such projects; preventive maintenance activ-
15 ities necessary to ensure that highways, parkways and bridges meet or
16 exceed their optimum useful life; expenses of control of snow and ice on
17 state highways by the department of transportation including but not
18 limited to personal services, nonpersonal services and fringe benefits,
19 payment of emergency aid for control of snow and ice in municipalities
20 pursuant to section fifty-five of the highway law, expenses of control
21 of snow and ice on state highways by municipalities pursuant to section
22 twelve of the highway law, and for expenses of arterial maintenance
23 agreements with cities pursuant to section three hundred forty-nine of
24 the highway law; personal services and fringe benefit costs of the
25 department of transportation for bus safety inspection activities; costs
26 of engineering and administrative services of the department of trans-
27 portation, including but not limited to fringe benefits; the contract
28 services provided by private firms in accordance with section fourteen
33 12023-02-1
1 of the transportation law; personal services and nonpersonal services,
2 for activities including but not limited to the preparation of designs,
3 plans, specifications and estimates; construction management and super-
4 vision activities; costs of appraisals, surveys, testing and environ-
5 mental impact statements for transportation projects; expenses in
6 connection with buildings, equipment, materials and facilities used or
7 useful in connection with the maintenance, operation, and repair of
8 highways, parkways and bridges thereon; and project costs for:
9 construction, reconstruction, improvement, reconditioning and preserva-
10 tion of rail freight facilities and intercity rail passenger facilities
11 and equipment; construction, reconstruction, improvement, reconditioning
12 and preservation of state, municipal and privately owned ports;
13 construction, reconstruction, improvement, reconditioning and preserva-
14 tion of municipal airports; privately owned airports and aviation capi-
15 tal facilities, excluding airports operated by the state or operated by
16 a bi-state municipal corporate instrumentality for which federal funding
17 is not available provided the project is consistent with an approved
18 airport layout plan; and construction, reconstruction, enhancement,
19 improvement, replacement, reconditioning, restoration, rehabilitation
20 and preservation of state, county, town, city and village roads, high-
21 ways, parkways and bridges; and construction, reconstruction, improve-
22 ment, reconditioning and preservation of fixed ferry facilities of
23 municipal and privately owned ferry lines for transportation purposes,
24 and the payment of debt service required on any bonds, notes or other
25 obligations and related expenses for highway, parkway, bridge and
26 project costs for: construction, reconstruction, improvement, recondi-
27 tioning and preservation of rail freight facilities and intercity rail
28 passenger facilities and equipment; construction, reconstruction,
34 12023-02-1
1 improvement, reconditioning and preservation of state, municipal and
2 privately owned ports; construction, reconstruction, improvement, recon-
3 ditioning and preservation of municipal airports; privately owned
4 airports and aviation capital facilities, excluding airports operated by
5 the state or operated by a bi-state municipal corporate instrumentality
6 for which federal funding is not available provided the project is
7 consistent with an approved airport layout plan; construction, recon-
8 struction, enhancement, improvement, replacement, reconditioning, resto-
9 ration, rehabilitation and preservation of state, county, town, city and
10 village roads, highways, parkways and bridges; and construction, recon-
11 struction, improvement, reconditioning and preservation of fixed ferry
12 facilities of municipal and privately owned ferry lines for transporta-
13 tion purposes, purposes authorized on or after the effective date of
14 this section. Beginning with disbursements made on and after the first
15 day of April, nineteen hundred ninety-three, moneys in such fund shall
16 be available to pay such costs or expenses made pursuant to appropri-
17 ations or reappropriations made during the state fiscal year which began
18 on the first of April, nineteen hundred ninety-two. Beginning the first
19 day of April, nineteen hundred ninety-three, moneys in such fund shall
20 also be used for payments to the general debt service fund of amounts
21 equal to amounts required for service contract payments as provided and
22 authorized by section three hundred eighty of the public authorities law
23 and by section eleven of chapter three hundred twenty-nine of the laws
24 of nineteen hundred ninety-one, as amended.
25 § 2. This act shall take effect April 1, 2001.
26 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
27 sion, section or part of this act shall be adjudged by any court of
28 competent jurisdiction to be invalid, such judgment shall not affect,
35 12023-02-1
1 impair, or invalidate the remainder thereof, but shall be confined in
2 its operation to the clause, sentence, paragraph, subdivision, section
3 or part thereof directly involved in the controversy in which such judg-
4 ment shall have been rendered. It is hereby declared to be the intent of
5 the legislature that this act would have been enacted even if such
6 invalid provisions had not been included herein.
7 § 3. This act shall take effect immediately provided, however, that
8 the applicable effective date of Parts A through K of this act shall be
9 as specifically set forth in the last section of such Parts.