N.Y. RSS Law § 2 — New York Code / Act RSS / Article 2 / Title 1 / Section 2
Definitions
Status: in_force

§ 2. Definitions. The following words and phrases as used in this\narticle shall have the following meanings unless a different meaning is\nplainly required by the context:\n  1. "Accumulated contributions." The sum of all the amounts deducted\nfrom the compensation of a member or contributed by him, standing to the\ncredit of his individual account in the annuity savings fund together\nwith regular interest and special interest, if any, thereon.\n  2. "Annual compensation."\n  a. The salary or wages annually earnable by a member, including\nmaintenance, or any allowance in lieu thereof, received by the member.\n  b. The compensation earnable and any allowance of expenses or\nmaintenance, or any allowance in lieu thereof, received by a member as a\ndelegate, officer or employee of the conventions to revise and amend the\nconstitution of the state in the years nineteen hundred thirty-eight or\nnineteen hundred sixty-seven or both.\n  3. "Annuity." The annual allowance for life, payable in monthly\ninstallments and derived from a member's accumulated contributions made\npursuant to this article.\n  4. "Annuity reserve." The present value of all payments to be made on\naccount of any annuity or benefit in lieu of any annuity granted as\nprovided in this article, computed upon the basis of regular interest\nand such mortality tables as shall be adopted by the comptroller.\n  5. "Beneficiary." Any person in receipt of a retirement allowance, or\nother benefit pursuant to this article.\n  6. "Comptroller." The comptroller of the state.\n  7. "Department." Any agency of an employer or any unit of government\nemploying persons who are or may be entitled to become members of the\nretirement system.\n  8. "Employer." The state, a participating employer, and any other unit\nof government or organization obligated or agreeing, under this article,\nto make contributions to the retirement system on behalf of its\nemployees.\n  9. "Final average salary."\n  a. The average annual compensation of a member for credited government\nservice not exceeding his three years of credited government service\nimmediately preceding his date of retirement.\n  b. In the case of a member having credit for three years or more of\nmember service, such term shall mean his highest average annual\ncompensation earned during any three consecutive years of member service\nfor which he is credited, provided that a member by written request,\nfiled with the comptroller prior to the effective date of retirement and\nin form satisfactory to the comptroller, may select any other period of\nthree consecutive years of member service for which he is credited.\n  c. In the case of a member who:\n  (1) Served as a supervisor of a town when such town was not a\nparticipating employer, and\n  (2) Was paid for such services on a fee basis, and\n  (3) Upon the town's subsequently becoming a participating employer,\nhas paid contributions to the retirement system with respect to salary\nreceived for prior county services,\nsuch term shall mean, at the option of such member, his average annual\ncompensation, including such fees and salary, earned by him during any\nthree consecutive years of service with such municipality selected by\nthe applicant prior to the date of his retirement.\n  10. "Fiscal year." Any year commencing April first and ending March\nthirty-first next following.\n  11. "Government service." Paid service as follows:\n  a. Service as an officer or employee of an employer, including\nservice:\n  (1) As a delegate, officer or employee of the conventions to revise\nand amend the constitution of the state in the years nineteen hundred\nthirty-eight or nineteen hundred sixty-seven or both, or\n  (2) Rendered to a village which became a city on or before May\ntwenty-fourth, nineteen hundred twenty-three.\n  b. Service as a public school teacher in the state rendered while\ncontributing to a local retirement system, subsequently absorbed by the\nstate teachers' retirement system, and where the contributions made\nthereto were not returned to such contributor.\n  c. Teaching service in an institution for the instruction of the deaf,\nmute or the blind, which receives state pupils whose instruction and\nsupport are paid for by the state or a participating employer.\n  d. Library service from July first, nineteen hundred twenty-two, only\nto the extent that such service is paid from appropriations by a\nparticipating employer.\n  e. Service in any city or county institution that became a state\ninstitution on or before May eleventh, nineteen hundred twenty, only to\nthe extent that such service is paid for by the state or by such\ninstitution.\n  Except as otherwise specifically provided in this article, service\nrendered on and after January first, nineteen hundred twenty-one, by a\nperson entitled to retirement benefits for civil service employees\npursuant to other laws, wholly or partly at the expense of the state or\nany political subdivision thereof, however, shall not constitute\ngovernment service.\n  12. "Group." Any group created under the provisions of section twelve\nof this article.\n  12-a. "Infant." Any person who has not attained the age of eighteen\nyears.\n  13. "Local legislative body."\n  a. In the case of a county, the board of supervisors.\n  b. In the case of a city, the council, common council or board of\naldermen and the board of estimate, board of estimate and apportionment\nor board of estimate and contract, if there be one.\n  c. In the case of a town, the town board.\n  d. In the case of a village, the board of trustees.\n  e. In the case of a school district, the board of education, the board\nof trustees, the trustee or trustees.\n  f. In the case of any other municipality, the body charged by law with\nthe government or management thereof.\n  14. "Local pension system." Any retirement, pension or annuity fund or\nsystem of any county, city, town or village of the state.\n  15. "Medical board." The board of physicians provided by section\nseventy-four of this article.\n  16. "Member." Any person included in the membership of the retirement\nsystem as provided in section forty of this article.\n  17. "Member service."\n  a. Any government service rendered in the employ of the state\nsubsequent to January first, nineteen hundred twenty-one.\n  b. Any government service rendered in the employ of a participating\nemployer subsequent to the date it becomes a participating employer.\n  c. Any government service rendered in the employ of a county, city,\ntown or village, between the first date of its eligibility to\nparticipate in the retirement system and the first date of its actual\nparticipation therein, provided such municipality elected to so\nparticipate within the first year of its eligibility to do so.\n  18. "Minimum retirement age." Age sixty, except that as to members who\nshall have elected to contribute on the basis of retirement at age\nfifty-five, such term shall mean age fifty-five.\n  19. "Municipality." A county, city, town, village, public authority,\nschool district, police district or fire district, a river improvement,\nriver regulating or drainage district, established by or under the\nsupervision of the department of conservation, or any other local unit\nof government or territorial division of the state by whatever name\ncalled possessing the power (a) to contract indebtedness and (b) to levy\ntaxes or benefit assessments upon real estate or to require the levy of\nsuch taxes or assessments.\n  20. "Participating employer." Any municipality, library, or public or\nquasi-public organization participating in the retirement system.\n  21. "Payroll." Annual compensation earnable by members, when used as a\nbasis for determination of the amount to be contributed by an employer\nto the retirement system.\n  22. "Pension." The annual allowance for life, payable in monthly\ninstallments, derived from contributions made to the pension\naccumulation fund pursuant to this article.\n  22-a. "Pension-providing-for-increased-take-home-pay." The annual\nallowance for life payable in monthly installments derived from\ncontributions made to the pension accumulation fund pursuant to section\nseventy-a of this article.\n  23. "Pension reserve." The present value of all payments to be made on\naccount of any pension, or benefit in lieu of any pension, granted as\nprovided in this article, computed upon the basis of regular interest\nand such mortality tables as shall be adopted by the comptroller.\n  24. "Prior service." Not to exceed a total of thirty-five years of\nservice rendered as follows:\n  a. Government service rendered to the state prior to January first,\nnineteen hundred twenty-one.\n  b. Government service rendered to a participating employer, other than\nas provided in section thirty-one or thirty-two of this article, prior\nto the first date of eligibility of such employer to participate in the\nretirement system. In the case of any such participating employer which\ndid not elect to participate in the retirement system until after its\nfirst year of eligibility to so participate, such term shall mean, in\naddition, three-fourths of all government service rendered to it between\nits first date of eligibility to so participate and the date when it\nbecame a participating employer. The local legislative body of such\nemployer, by resolution duly adopted, may determine to allow full credit\ntherefor.\n  c. Service allowed as prior service by an employer pursuant to section\nthirty-one or thirty-two of this article.\n  d. Service of honorably discharged officers, soldiers, sailors,\nmarines and army nurses who were actual residents of the state at the\ntime of their entry into the military service of the United States or,\nif not actual residents of the state at that time, are or were or are\nhereafter employes of a participating employer created by and deriving\nits powers from an agreement between this state and any other state and\nwere actual residents of such other state at the time of their entry\ninto the military service of the United States:\n  (1) Rendered in time of war and prior to July second, nineteen hundred\ntwenty-one, or\n  (2) Rendered with the American expeditionary forces subsequent to\nNovember eleventh, nineteen hundred eighteen, and prior to June\nthirtieth, nineteen hundred nineteen, provided such entry occurred after\nNovember eleventh, nineteen hundred eighteen.\n  e. Service of members of the national guard in the military service of\nthe United States pursuant to the call of the president for Mexican\nborder duty.\n  25. "Rate of normal contribution."\n  a. In the case of an employer, the rate of annual contribution\ncomputed pursuant to paragraph one of subdivision b of section\ntwenty-three of this article.\n  b. In the case of a member, the basic rate of contribution determined\nwithout modification pursuant to subdivision b of section twenty-one of\nthis article.\n  26. "Regular interest."\n  a. Such term shall mean interest recommended by the actuary and\npromulgated by the comptroller as provided in paragraph four of\nsubdivision b of section eleven of this article, which is in effect on\nthe date of a member's retirement, and such rate shall be at no less\nthan four per centum per annum and at no more than seven per centum per\nannum, compounded annually.\n  b. However, for purposes of crediting interest to individual accounts\nin the annuity savings fund, such term shall mean four per centum per\nannum, compounded annually, in the case of persons who last became\nmembers on or before June thirtieth, nineteen hundred forty-three and\nshall mean three per centum per annum, compounded annually, in the case\nof persons who last became members on or after July first, nineteen\nhundred forty-three.\n  26-a. "Reserve-for-increased-take-home-pay." The amount of the reserve\nprovided by the employer which shall be equivalent to that per centum of\nthe member's compensation by which his contribution is reduced or would\notherwise be reduced if his rate of contribution equaled or exceeded\neight per centum as provided in subdivision a of section seventy-a of\nthis article and that per centum by which his contribution is suspended\nas provided in subdivision aa of section seventy-a of this article\nduring the period his employer contributes pursuant to section seventy-a\nof this article toward pensions-for-increased-take-home-pay, plus\nregular interest thereon.\n  27. "Retirement allowance." The annuity plus the pension and the\npension-providing-for-increased-take-home-pay, if any.\n  28. "Retirement system." The New York state employees' retirement\nsystem provided for in section ten of this article.\n  29. "Service in the Korean conflict." Military service during the\nperiod commencing June twenty-seventh, nineteen hundred fifty, and\nterminating January thirty-first, nineteen hundred fifty-five, as a\nmember of the armed forces of the United States of any person who:\n  a. (1) Has been honorably discharged or released therefrom under\nhonorable circumstances, or (2) has a qualifying condition, as defined\nin section three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(3) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and has received a discharge other than bad\nconduct or dishonorable from such service, and\n  b. Was a resident of this state at the time of his entrance into such\narmed forces, or, if not a resident of this state at that time, was then\nor thereafter became an employee of a participating employer created by\nand deriving its powers from an agreement between this state and any\nother state and was a resident of such other state at the time of his\nentrance into such armed forces, and\n  c. Was a member of the retirement system and an employee of the state\nor of a participating employer at the time he entered such armed forces\nor was an employee of an employer which was not a participating employer\nat the time he entered such armed forces but which elected to become a\nparticipating employer while he was absent on military duty, or was an\nemployee of the state or of a participating employer or was a teacher as\ndefined in article eleven of the education law at the time of his\nentrance into the armed forces and became a member of the retirement\nsystem subsequent to separation or discharge from the armed services,\nand\n  d. Returned to the employment of the state or a participating\nemployer, within one year following discharge or release or completion\nof advanced education provided under the servicemen's readjustment act\nof nineteen hundred forty-four, certified on a certificate for service\nin war after world war I, and allowable as provided in section forty-one\nof this article. Such service shall not include any periods during which\ncivil compensation was received by the member under the provisions of\nsection two hundred forty-two of the military law or section six of\nchapter six hundred eight of the laws of nineteen hundred fifty-two.\n  29-a. "Emergency service on or after October first, nineteen hundred\nsixty-one." Active duty (other than for training) in the armed forces of\nthe United States as defined in title ten of the United States code on\nor after October first, nineteen hundred sixty-one and terminating on\nAugust thirty-first, nineteen hundred sixty-two, of any person who:\n  a. Was a resident of this state at the time of his entrance into such\narmed forces, or, if not a resident of this state at that time, was then\nor thereafter became an employee of a participating employer created by\nand deriving its powers from an agreement between this state and any\nother state and was a resident of such other state at the time of his\nentrance into such armed forces, and\n  b. Was a member of the retirement system and an employee of the state\nor of a participating employer at the time he entered such armed forces\nor was an employee of an employer which was not a participating employer\nat the time he entered such armed forces but which elected to become a\nparticipating employer while he was absent on military duty, or was an\nemployee of the state or of a participating employer or was a teacher as\ndefined in article eleven of the education law at the time of his\nentrance into the armed forces and became a member of the retirement\nsystem subsequent to separation or discharge from the armed services,\nand\n  c. Returned to the employment of the state or a participating\nemployer, within one year following discharge or release, or completion\nof advanced education provided by the United States for education of\nKorean conflict veterans, certified on a certificate for service in war\nafter world war I, and allowable as provided in section forty-one of\nthis article. Such service shall not include any periods during which\ncivil compensation was received by the member for accrued vacation and\novertime credit or under the provisions of section two hundred forty-two\nof the military law or section six of chapter six hundred eight of the\nlaws of nineteen hundred fifty-two.\n  d. Credit under this section shall not accrue to a person who is\nreleased from active duty under conditions other than honorable, unless\nsuch person has a qualifying condition, as defined in section three\nhundred fifty of the executive law, and has received a discharge other\nthan bad conduct or dishonorable from such service, or is a discharged\nLGBT veteran, as defined in section three hundred fifty of the executive\nlaw, and has received a discharge other than bad conduct or dishonorable\nfrom such service.\n  30. "Service in war after world war I." Service in world war II,\nservice in the Korean conflict, or emergency service on or after October\nfirst, nineteen hundred sixty-one.\n  31. "Service in world war II." (1) Military service during the period\ncommencing July first, nineteen hundred forty, and terminating December\nthirty-first, nineteen hundred forty-six, as a member of the armed\nforces of the United States, or service by one who was employed by the\nWar Shipping Administration or Office of Defense Transportation or their\nagents as a merchant seaman documented by the United States Coast Guard\nor Department of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the Department of Defense, or service by one who served as a United\nStates civilian employed by the American Field Service and served\noverseas under United States Armies and United States Army Groups in\nworld war II during the period of armed conflict, December seventh,\nnineteen hundred forty-one through May eighth, nineteen hundred\nforty-five, and who (i) was discharged or released therefrom under\nhonorable conditions, or (ii) has a qualifying condition, as defined in\nsection three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and has received a discharge other than bad\nconduct or dishonorable from such service, or service by one who served\nas a United States civilian Flight Crew and Aviation Ground Support\nEmployee of Pan American World Airways or one of its subsidiaries or its\naffiliates and served overseas as a result of Pan American's contract\nwith Air Transport Command or Naval Air Transport Service during the\nperiod of armed conflict, December fourteenth, nineteen hundred\nforty-one through August fourteenth, nineteen hundred forty-five, and\nwho (iv) was discharged or released therefrom under honorable\nconditions, or (v) has a qualifying condition, as defined in section\nthree hundred fifty of the executive law, and has received a discharge\nother than bad conduct or dishonorable from such service, or (vi) is a\ndischarged LGBT veteran, as defined in section three hundred fifty of\nthe executive law, and has received a discharge other than bad conduct\nor dishonorable from such service, or of any person who:\n  a. (i) Has been honorably discharged or released therefrom under\nhonorable circumstances, or (ii) has a qualifying condition, as defined\nin section three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and has received a discharge other than bad\nconduct or dishonorable from such service, and\n  b. Was a resident of this state at the time of his entrance into such\narmed forces, or, if not a resident of this state at that time, was then\nor thereafter became an employee of a participating employer created by\nand deriving its powers from an agreement between this state and any\nother state and was a resident of such other state at the time of his\nentrance into such armed forces, and\n  c. Was either a member of the retirement system and an employee of the\nstate or of a participating employer at the time he entered such armed\nforces or became such employee and such member while in such armed\nforces on or before July first, nineteen hundred forty-eight, or became\nsuch employee while in such armed forces and subsequently became such\nmember on or before July first, nineteen hundred forty-eight, or was an\nemployee of an employer which was not a participating employer at the\ntime he entered such armed forces but which elected to become a\nparticipating employer while he was absent on military duty, or was an\nemployee of the state or of a participating employer or was a teacher as\ndefined in article eleven of the education law at the time of his\nentrance into the armed forces and became a member of the retirement\nsystem subsequent to separation or discharge from the armed services,\nand\n  d. Returned to the employment of the state or a participating\nemployer, within one year following discharge or release or completion\nof advanced education provided under the servicemen's readjustment act\nof nineteen hundred forty-four, certified on a world war II military\nservice certificate, and allowable as provided in section forty-one of\nthis article. Such service shall not include any periods during which\ncivil compensation was received by the member under the provisions of\nsection two hundred forty-two of the military law, or section six of\nchapter six hundred eight of the laws of nineteen hundred fifty-two; or\n  (2) Military service, not in excess of three years and not otherwise\ncreditable under paragraph one hereof, rendered on active duty in the\narmed forces of the United States during the period commencing July\nfirst, nineteen hundred forty, and terminating December thirty-first,\nnineteen hundred forty-six, or service by one who was employed by the\nWar Shipping Administration or Office of Defense Transportation or their\nagents as a merchant seaman documented by the United States Coast Guard\nor Department of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the Department of Defense, or service by one who served as a United\nStates civilian employed by the American Field Service and served\noverseas under United States Armies and United States Army Groups in\nworld war II during the period of armed conflict, December seventh,\nnineteen hundred forty-one through May eighth, nineteen hundred\nforty-five, and who (i) was discharged or released therefrom under\nhonorable conditions, or (ii) has a qualifying condition, as defined in\nsection three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and has received a discharge other than bad\nconduct or dishonorable from such service, or service by one who served\nas a United States civilian Flight Crew and Aviation Ground Support\nEmployee of Pan American World Airways or one of its subsidiaries or its\naffiliates and served overseas as a result of Pan American's contract\nwith Air Transport Command or Naval Air Transport Service during the\nperiod of armed conflict, December fourteenth, nineteen hundred\nforty-one through August fourteenth, nineteen hundred forty-five, and\nwho (iv) was discharged or released therefrom under honorable\nconditions, or (v) has a qualifying condition, as defined in section\nthree hundred fifty of the executive law, and has received a discharge\nother than bad conduct or dishonorable from such service, or (vi) is a\ndischarged LGBT veteran, as defined in section three hundred fifty of\nthe executive law, and has received a discharge other than bad conduct\nor dishonorable from such service, by a person who was a resident of New\nYork state at the time of entry into such service and at the time of\nbeing discharged therefrom (vii) under honorable circumstances, or\n(viii) with a qualifying condition, as defined in section three hundred\nfifty of the executive law, and received a discharge other than bad\nconduct or dishonorable from such service, or (ix) as a discharged LGBT\nveteran, as defined in section three hundred fifty of the executive law,\nand received a discharge other than bad conduct or dishonorable from\nsuch service, or, if not a resident of this state at such times was then\nor thereafter became an employee of a participating employer created by\nand deriving its powers from an agreement between this state and any\nother state, and was a resident of such other state at the time of entry\ninto and discharge from such service, and who makes the payments\nrequired by subdivision k of section forty-one of this article.\n  However, no military service shall be creditable under this paragraph\ntwo in the case of a member under an existing plan permitting retirement\nupon twenty years of creditable service who is receiving a federal\npension (other than for disability) based upon a minimum of twenty years\nof full time active military service in the armed forces of the United\nStates nor shall any military service be creditable in the case of a\nmember under any other plan who is receiving a military pension (other\nthan for disability) for military service in the armed forces of the\nUnited States.\n  32. "Service retirement benefit." Any type of retirement benefit\nprovided by this article and payable out of the pension reserve fund,\nexcept the ordinary disability retirement, accidental disability\nretirement, discontinued service retirement, ordinary death and\naccidental death benefit.\n  33. "State." The state of New York.\n  34. "Total service." All member service for which a member is\ncredited, all prior service certified on a valid prior service\ncertificate, and all service in war after world war I certified on a\nvalid military service certificate. For the purposes of this article, a\nvalid certificate heretofore issued for service in world war II shall be\ndeemed a certificate for service in war after world war I.\n  35. "Special interest." A distribution to the annuity savings fund, in\naddition to regular interest, to be credited to the annuity savings\naccounts of members, the size of this distribution, if any, to be\ndetermined pursuant to the provisions of subdivision i of section\nthirteen of this article.\n  36. (a) "Qualifying World Trade Center condition" shall mean a\nqualifying condition or impairment of health resulting in disability to\na member who participated in World Trade Center rescue, recovery or\ncleanup operations for a qualifying period, as those terms are defined\nbelow, provided the following conditions have been met: (i) such member,\nor eligible beneficiary in the case of the member's death, must have\neither filed a written and sworn statement with the member's retirement\nsystem on a form provided by such system, or as allowed by the member's\nretirement system, electronically submitted a statement on a form\nprovided by such system through a secure online portal maintained by the\nmember's retirement system that has duly validated the member's\nidentity, indicating the underlying dates and locations of employment\nnot later than September eleventh, two thousand twenty-six, and (ii)\nsuch member has either successfully passed a physical examination for\nentry into public service, or authorized release of all relevant medical\nrecords, if the member did not undergo a physical examination for entry\ninto public service; and (iii) there is no evidence of the qualifying\ncondition or impairment of health that formed the basis for the\ndisability in such physical examination for entry into public service or\nin the relevant medical records, prior to September eleventh, two\nthousand one except for such member, or eligible beneficiary in the case\nof the member's death, of a local retirement system of a city with a\npopulation of one million or more that is covered by section 13-551 of\nthe administrative code of the city of New York, or by section\ntwenty-five hundred seventy-five of the education law and for such\nmember who separated from service with vested rights, or eligible\nbeneficiary of such member who separated from service with vested rights\nin the case of the member's death, of a local retirement system of a\ncity with a population of one million or more who are covered by\nsections 13-168, 13-252.1 or 13-353.1 of the administrative code of the\ncity of New York or sections five hundred seven-c, six hundred five-b,\nsix hundred five-c, or six hundred seven-b of this chapter. The deadline\nfor filing a written and sworn statement required by subparagraph (i) of\nthis paragraph shall be September eleventh, two thousand twenty-six for\nsuch member, or eligible beneficiary in the case of the member's death,\nof a local retirement system of a city with a population of one million\nor more that is covered by section 13-551 of the administrative code of\nthe city of New York, or by section twenty-five hundred seventy-five of\nthe education law and for such member who separated from service with\nvested rights, or eligible beneficiary of such member who separated from\nservice with vested rights in the case of the member's death, of a local\nretirement system of a city with a population of one million or more who\nare covered by sections 13-168, 13-252.1 or 13-353.1 of the\nadministrative code of the city of New York and sections five hundred\nseven-c, six hundred five-b, six hundred five-c, or six hundred seven-b\nof this chapter. Every retirement system shall keep a copy of every\nwritten and sworn statement that is presented for filing not later than\nSeptember eleventh, two thousand twenty-six, including those that are\nrejected for filing as untimely.\n  (b) "Qualifying condition or impairment of health" shall mean a\nqualifying physical condition, or a qualifying psychological condition,\nor both, except that for any member identified in paragraph (vi) of\nparagraph (e) of this subdivision, it shall only mean a qualifying\npsychological condition.\n  (c) "Qualifying physical condition" shall mean one or more of the\nfollowing: (i) diseases of the upper respiratory tract and mucosae,\nincluding conditions such as rhinitis, sinusitis, pharyngitis,\nlaryngitis, vocal cord disease, and upper airway hyper-reactivity, or a\ncombination of such conditions; (ii) diseases of the lower respiratory\ntract, including but not limited to tracheo-bronchitis, bronchitis,\nchronic obstructive pulmonary disease, asthma, reactive airway\ndysfunction syndrome, and different types of pneumonitis, such as\nhypersensitivity, granulomatous, or eosinophilic; (iii) diseases of the\ngastroesophageal tract, including esophagitis and reflux disease, either\nacute or chronic, caused by exposure or aggravated by exposure; (iv)\ndiseases of the skin such as conjunctivitis, contact dermatitis or\nburns, either acute or chronic in nature, infectious, irritant,\nallergic, idiopathic or non-specific reactive in nature, caused by\nexposure or aggravated by exposure; or (v) new onset diseases resulting\nfrom exposure as such diseases occur in the future including cancer,\nasbestos-related disease, heavy metal poisoning, and musculoskeletal\ndisease.\n  (d) "Qualifying psychological condition" shall mean one or more of the\nfollowing: (i) diseases of the psychological axis, including\npost-traumatic stress disorder, anxiety, depression, or any combination\nof such conditions; or (ii) new onset diseases resulting from exposure\nas such diseases occur in the future including chronic psychological\ndisease.\n  (e) "Participated in World Trade Center rescue, recovery or cleanup\noperations" shall mean any member who: (i) participated in the rescue,\nrecovery, or cleanup operations at the World Trade Center site, as\ndefined in paragraph (f) of this subdivision; (ii) worked at the Fresh\nKills Land Fill in New York; (iii) worked at the New York city morgue or\nthe temporary morgue on pier locations on the west side of Manhattan;\n(iv) manned the barges between the west side of Manhattan and the Fresh\nKills Land Fill in New York; (v) repaired, cleaned or rehabilitated\nvehicles or equipment, including emergency vehicle radio equipment owned\nby the city of New York that were contaminated by debris in the World\nTrade Center site, as defined in paragraph (f) of this subdivision,\nregardless of whether the work on the repair, cleaning or rehabilitation\nof said vehicles and equipment was performed within the World Trade\nCenter site, provided such work was performed prior to decontamination\nof such vehicles or equipment; or (vi) worked in the following\ndepartments, worksites and titles: (A) New York City Police Department\nat 11 Metrotec Center in Brooklyn or 1 Police Plaza in Manhattan as a\nPolice Communication Technician (PCT), Supervisor Police Communication\nTechnician (SPCT), Principal Police Communication Technician I,\nPrincipal Police Communication Technician II, Principal Police\nCommunication Technician III, Administrative Manager - Communications,\nor in the Police Administrative Aide title series; (B) Fire Department\nof the City of New York at 35 Empire Boulevard in Brooklyn, 79th Street\nTransverse in Manhattan, 83-98 Woodhaven Boulevard in Queens, 1129 East\n180 Street in the Bronx, 65 Slosson Avenue in Staten Island, 9 Metrotec\nCenter in Brooklyn, or 25 Rockaway Avenue in Brooklyn as Fire Alarm\nDispatchers (FAD), Supervising Fire Alarm Dispatchers I (SFAD),\nSupervising Fire Alarm Dispatchers II (Borough Supervisor), Deputy\nDirector & Director Fire Dispatch Operations, or Assistant Commissioner\nfor Communications; (C) for the Fire Department of the City of New\nYork's Emergency Medical Service at 1 or 9 Metrotec Centers in Brooklyn,\nor 55-30 58 Street in Maspeth Queens as Emergency Medical\nSpecialist-Level I (EMT), Emergency Medical Specialist Level\nII-(Paramedic), Supervising Emergency Medical Specialist Level I (LT),\nSupervising Emergency Medical Specialist Level II (Capt), Deputy Chief\nEMS Communications, or Division Commander EMS Communications. For\npurposes of this paragraph, the term "member" shall include each person\nwho during the qualifying period was in the employment of a public\nemployer which then participated for such employees in a public\nretirement system in this state, irrespective of whether the person was\na participant in such system at that time, provided that the person has\nbecome a participant in such retirement system and has purchased service\ncredit for a period of time that includes some or all of the qualifying\nperiod in accordance with provisions of law applicable to such purchase\nof service credit.\n  (f) "World Trade Center site" shall mean anywhere below a line\nstarting from the Hudson River and Canal Street; east on Canal Street to\nPike Street; south on Pike Street to the East River; and extending to\nthe lower tip of Manhattan.\n  (g) "Qualifying period" shall mean: (i) any period of time within the\nforty-eight hours after the first airplane hit the towers, for any\nmember identified in paragraphs (i) through (v) of paragraph (e) of this\nsubdivision; (ii) a total of forty hours accumulated any time between\nSeptember eleventh, two thousand one and September twelfth, two thousand\ntwo, for any member identified in subparagraphs (i) through (v) of\nparagraph (e) of this subdivision; or (iii) any period of time within\nthe twenty-four hours after the first airplane hit the towers, for any\nmember identified in subparagraph (vi) of paragraph (e) of this\nsubdivision.\n
N.Y. EDN Law § 417 — New York Code / Act EDN / Title 1 / Article 9 / Section 417
Allocation of moneys by regents for extraordinary relief to school districts
Status: in_force

§ 417. Allocation of moneys by regents for extraordinary relief to\nschool districts.  The regents may allocate moneys, out of any sums\nappropriated for such purpose, to school districts of the state for the\nrepair, reconstruction or replacement of buildings or equipment from\ntime to time damaged or destroyed by an act of God, against which\ninsurance could not reasonably have been provided, where in the light of\nall the facts the regents are satisfied that such aid is necessary to\nprevent an unreasonable burden on the taxpayers within such districts.\n
N.Y. PBA Law § 3652 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3652
Nassau county interim finance authority
Status: in_force

§ 3652. Nassau county interim finance authority. 1. There is hereby\ncreated the Nassau county interim finance authority. The authority shall\nbe a corporate governmental agency and instrumentality of the state\nconstituting a public benefit corporation.\n  2. In accordance with the provisions of this title, the authority may\nissue bonds only to finance costs, including the refunding of bonds\nissued by the authority to finance costs, and fund reserves to secure\nsuch bonds.\n  3. The authority shall continue until its oversight, control or other\nresponsibilities, and its liabilities have been met or otherwise\ndischarged. Upon the termination of the existence of the authority, all\nof its rights and property shall pass to and be vested in the county.\n
N.Y. PBA Law § 3657 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3657
Resources of the authority
Status: in_force

§ 3657. Resources of the authority. 1. Subject to the provisions of\nthis title, the directors of the authority shall receive, accept,\ninvest, administer, expend and disburse for its corporate purposes all\nmoney of the authority from whatever sources derived including (a) tax\nrevenues; (b) the proceeds of bonds; and (c) any other payments, gifts\nor appropriations to the authority from any other source.\n  2. Subject to the provisions of any contract with bondholders, (a) the\nmoney of the authority shall be paid to the authority and shall not be\ncommingled with any other money, and (b) all money received by the\nauthority which, together with other money of the authority available\nfor the expenses of the authority, the payment of debt service and\npayments to reserve funds, exceeds the amount required for such\npurposes, as determined by the authority, shall, subject to the\nprovisions of subdivision six of this section and to the terms of any\nagreement between the authority and the county, be transferred to the\ncounty as frequently as practicable.\n  3. The money in any of the authority's accounts shall be paid out on\nchecks signed by the treasurer of the authority, or by other lawful and\nappropriate means such as wire or electronic transfer, on requisitions\nof the chairperson of the authority or of such other officer as the\ndirectors shall authorize to make such requisition, or pursuant to a\nbond resolution or trust indenture.\n  4. All deposits of authority money shall be secured by obligations of\nthe United States or of the state or of the county at a market value at\nleast equal at all times to the amount of the deposit, and all banks and\ntrust companies are authorized to give such security for such deposits.\nThe authority shall have the power, notwithstanding the provisions of\nthis section, to contract with the holders of any of its bonds as to the\ncustody, collection, securing, investment and payment of any money of\nthe authority or any money held in trust or otherwise for the payment of\nbonds or in any way to secure bonds, and to carry out any such contract\nnotwithstanding that such contract may be inconsistent with the other\nprovisions of this title. Money held in trust or otherwise for the\npayment of bonds or in any way to secure bonds and deposits of such\nmoney may be secured in the same manner as money of the authority, and\nall banks and trust companies are authorized to give such security for\nsuch deposits.\n  5. Tax revenues received by the authority pursuant to section twelve\nhundred sixty-one of the tax law, together with any other revenues\nreceived by the authority, shall be applied in the following order of\npriority: first pursuant to the authority's contracts with bondholders,\nthen to pay the authority's operating expenses not otherwise provided\nfor, and then, subject to the authority's agreements with the county, to\ntransfer the balance of such tax revenues not required to meet\ncontractual or other obligations of the authority to the county as\nfrequently as practicable.\n  6. (a) This subdivision shall apply only to revenue anticipation\nnotes, including renewals thereof, issued by the county during its\nfiscal year ending December thirty-first, two thousand, in anticipation\nof the receipt of county tax revenues, and only to such issues of\nrevenue anticipation notes as to which the certificate described in\nparagraph (b) of this subdivision is filed.\n  (b) Notwithstanding the provisions of subdivision five of this section\nwith respect to the transfer of the balance of tax revenues to the\ncounty, prior to the delivery of each such issue of revenue anticipation\nnotes, the chief fiscal officer of the county shall file with the\nauthority a request that the authority establish a county of Nassau\nrevenue anticipation note withholding fund which shall constitute a\nspecial bank account for purposes of paragraph g of section 25.00 of the\nlocal finance law. Such request by such chief fiscal officer shall be\naccompanied by a certificate setting forth with respect to such issue\n(i) the principal amount, (ii) the date of issue, (iii) the maturity\ndate, (iv) the interest rate or rates, (v) if interest shall be payable\notherwise than at maturity, the date or dates for the payment thereof,\n(vi) the name and address of the paying agent, (vii) the name and\naddress of each purchaser, or, if a purchaser shall be a syndicate or\nsimilar account, the name and address of each managing underwriter of\nsuch syndicate or similar account, (viii) the amount payable on each\nprincipal payment date and interest payment date, and (ix) a schedule\nsetting forth the total amount of county tax revenues anticipated to be\nreceived, and the expected date or dates of anticipated receipt of such\ncounty tax revenues. Such certificate shall be accompanied by a\nstatement executed by the chief fiscal officer certifying that the\namounts and times of payments of county tax revenues contained in such\nschedule have been estimated by the use of reasonable and appropriate\ndata and methods of estimation, all in accordance with applicable law.\n  (c) All such revenue anticipation notes, in addition to a pledge of\nthe faith and credit of the county for the payment thereof, shall\ncontain a recital to the effect that they are entitled to the benefits\nof the provisions of this subdivision.\n  (d) Commencing on the date not less than five days prior to and on\neach day thereafter up to and including any principal and/or interest\npayment date referred to in the certificate filed by the chief fiscal\nofficer with the authority pursuant to paragraph (b) of this\nsubdivision, the authority shall pay to such paying agent from county\ntax revenues transferred and credited by the authority to the county of\nNassau revenue anticipation note withholding fund as provided in\nparagraph (e) of this subdivision the amount required to pay in full the\nprincipal and/or interest due on such payment date as set forth in such\ncertificate. Moneys so paid shall pass immediately from the authority\nand vest in such paying agent in trust for the benefit of the holders of\nthe revenue anticipation notes to which such certificate relates. No\nother person having any claim of any kind in tort, contract or otherwise\nagainst the county shall have any right to or claim against the moneys\nheld by such paying agent, and such moneys shall not be subject to any\norder, judgment, lien, execution, attachment, setoff or counterclaim by\nany such other person. Such moneys shall be held by such paying agent in\na separate trust account and shall be applied only to the payment of the\nprincipal and/or interest due on such revenue anticipation notes,\nprovided, however, that the contract by and between the county and such\npaying agent may provide for (i) the investment by such paying agent of\nsuch moneys in direct obligations of, or in obligations guaranteed by,\nthe United States of America, provided such obligations shall be payable\nor redeemable at the option of the holder within such time as the\nproceeds shall be needed to pay such principal and/or interest due on\nsuch revenue anticipation notes, and (ii) the use by such paying agent\nof such moneys for the purchase of direct obligations of, or obligations\nguaranteed by, the United States of America under one or more repurchase\nagreements with any bank or trust company having its principal office in\nthe state of New York, provided that any such repurchase agreement shall\nprovide for the repurchase of such obligations within such time as such\nmoneys are needed to pay the principal and/or interest due on such\nrevenue anticipation notes at a repurchase price at least sufficient to\nmake the amount so invested available for the payment of principal\nand/or interest due on such revenue anticipation notes, and provided,\nfurther, that, at the time of such purchase, the market value of such\nobligations shall be at least equal to one hundred two per centum of the\namount so invested. No person having any claim of any kind in tort,\ncontract or otherwise against the county shall have any right to or\nclaim against any moneys in anticipation of which such notes have been\nissued, other than a claim for payment by the holders of such notes, and\nsuch moneys shall not be subject to any order, judgment, lien,\nexecution, attachment, setoff or counterclaim by any such person.\nNotwithstanding any provision of law to the contrary, no instrument\nrelating to any transaction authorized or contemplated by this paragraph\nneed be filed under the provisions of the uniform commercial code.\n  (e) Commencing on the day when the authority determines that the\nprincipal and interest due or to come due on such outstanding revenue\nanticipation notes issued against such county tax revenues in accordance\nwith the provisions of this subdivision shall equal the amount of such\ncounty tax revenues as set forth on the schedule included in the\ncertificate filed with the authority pursuant to paragraph (b) of this\nsubdivision remaining to be paid to the county on or prior to any\nprincipal and/or interest payment date, the authority shall deduct and\nwithhold from the amount of such county tax revenues otherwise payable\nto the county an amount sufficient to pay, when due, the principal of\nand interest on all such revenue anticipation notes issued and then\noutstanding in anticipation thereof. Amounts so deducted and withheld\nshall be transferred and credited by the authority to the account\nestablished for such county tax revenues in the county of Nassau revenue\nanticipation note withholding fund established by the authority in\naccordance with the chief fiscal officer's request pursuant to paragraph\n(b) of this subdivision. The payments required to be made by the\nauthority pursuant to paragraph (d) of this subdivision shall be made\nfrom amounts on deposit in the accounts established for such county tax\nrevenues in the county of Nassau revenue anticipation note withholding\nfund.\n  (f) Notwithstanding any other provision of this subdivision, at the\nexpiration of one hundred eighty days after the maturity date of any\nissue of revenue anticipation notes issued in accordance with the\nprovisions of this subdivision, the amounts held by the paying agent\nthereof for the payment of the principal of and interest on the notes of\nsuch issue which have not been presented for payment shall be paid over\nand remitted by such paying agent to the county and thereafter the\nholders of such notes shall look only to the county for such payment.\n  (g) All other provisions of the local finance law not inconsistent\nwith the provisions of this subdivision shall continue to apply to the\nauthorization and issuance of revenue anticipation notes by the county.\n
N.Y. PBH Law § 3306 — New York Code / Act PBH / Article 33 / Title 1 / Section 3306
Schedules of controlled substances
Status: in_force

§ 3306. Schedules of controlled substances.  There are hereby\nestablished five schedules of controlled substances, to be known as\nschedules I, II, III, IV and V respectively. Such schedules shall\nconsist of the following substances by whatever name or chemical\ndesignation known:\n  Schedule I. (a) Schedule I shall consist of the drugs and other\nsubstances, by whatever official name, common or usual name, chemical\nname, or brand name designated, listed in this section.\n  (b) Opiates. Unless specifically excepted or unless listed in another\nschedule, any of the following opiates, including their isomers, esters,\nethers, salts, and salts of isomers, esters, and ethers, whenever the\nexistence of such isomers, esters, ethers and salts is possible within\nthe specific chemical designation (for purposes of 3-methylfentanyl\nonly, the term isomer includes the optical and geometric isomers):\n  (1) Acetyl-alpha-methylfentanyl\n(N-{1-(-methyl-2-phenethyl) -4-piperidinyl} -N-phenylacetamide.\n  (2) Acetylmethadol.\n  (3) Allylprodine.\n  (4) Alphacetylmethadol (except levo- alphacetylmethadol also known as\nlevo-alpha-acetylmethadol, levomethadylacetate or LAAM).\n  (5) Alphameprodine.\n  (6) Alphamethadol.\n  (7) Alpha-methylfentanyl (N-{1-(alpha-methyl-beta-phenyl)\nethyl-4-piperidyl} propionanilide; 1-(1-methyl-2-phenylethyl)\n-4-(N-propanilido) piperidine).\n  (8) Alpha-methylthiofentanyl (N-{1-methyl-2)2-thienyl)\nethyl-4-piperidinyl} -N-phenylpropanamide).\n  (9) Beta-hydroxyfentanyl\n(N-{1-2 (2-hydroxy-2-phenethyl)- 4-piperidinyl} -N-phenylpropanamide).\n  (10) Beta-hydroxy-3-methylfentanyl (other name: N-{1-\n(2-hydroxy-2-phenethyl) -3-methyl -4-piperidinyl} -N-phenylpropanamide.\n  (11) Benzethidine.\n  (12) Betacetylmethadol.\n  (13) Betameprodine.\n  (14) Betamethadol.\n  (15) Betaprodine.\n  (16) Clonitazene.\n  (17) Dextromoramide.\n  (18) Diampromide.\n  (19) Diethylthiambutene.\n  (20) Difenoxin.\n  (21) Dimenoxadol.\n  (22) Dimepheptanol.\n  (23) Dimethylthiambutene.\n  (24) Dioxaphetyl butyrate.\n  (25) Dipipanone.\n  (26) Ethylmethylthiambutene.\n  (27) Etonitazene.\n  (28) Etoxeridine.\n  (29) Furethidine.\n  (30) Hydroxypethidine.\n  (31) Ketobemidone.\n  (32) Levomoramide.\n  (33) Levophenacylmorphan.\n  (34) 3-Methylfentanyl (N-{3-methy1-1- (2- phenylethyl -4-piperidyl}\n-N-phenylpropanamide).\n  (35) 3-Methylthiofentanyl (N-{3-methyl-1- (2-thienyl)ethyl\n-4-piperidinyl} -N-phenylpropanamide).\n  (36) Morpheridine.\n  (37) MPPP (1-methyl -4-phenyl -4-propionoxypiperidine).\n  (38) Noracymethadol.\n  (39) Norlevorphanol.\n  (40) Normethadone.\n  (41) Norpipanone.\n  (42) Para-fluorofentanyl (N- (4-fluorophenyl) -N-{1- (2-phenethyl)\n-4-piperidinyl} -propanamide.\n  (43) PEPAP (1- (-2-phenethyl) -4-phenyl -4-acetoxypiperidine.\n  (44) Phenadoxone.\n  (45) Phenampromide.\n  (46) Phenomorphan.\n  (47) Phenoperidine.\n  (48) Piritramide.\n  (49) Proheptazine.\n  (50) Properidine.\n  (51) Propiram.\n  (52) Racemoramide.\n  (53) Thiofentanyl (N-phenyl-N-{1- (2-thienyl) ethyl -4- piperidinyl}\n-propanamide.\n  (54) Tilidine.\n  (55) Trimeperidine.\n  (56) 3,4-dichloro-N-{(1-dimethylamino)cyclohexylmethyl}benzamide.\nSome trade or other names: AH-7921.\n  (57) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide. Some trade or\nother names: Acetyl Fentanyl.\n  (58) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide. Other name:\nButyryl Fentanyl.\n  (59)  N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-\nphenylpropionamide. Other name: Beta-Hydroxythiofentanyl.\n  (60) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide. Other\nname: Furanyl Fentanyl.\n  (61) 3,4-Dichloro-N-{2-(dimethylamino)cyclohexyl}-N-methylbenzamide.\nOther name: U-47700.\n  (62) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide. Other names:\nAcryl Fentanyl or Acryloylfentanyl.\n  (63) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.\nOther names: 4-fluoroisobutyryl fentanyl, para-fluoroisobutyryl\nfentanyl.\n  (64) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.\nOther names: ortho-fluorofentanyl or 2-fluorofentanyl.\n  (65) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carbox-\namide. Other name: tetrahydrofuranyl fentanyl.\n  (66) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide. Other\nname: methoxyacetyl fentanyl.\n  (67) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide.\nOther name: cyclopropyl fentanyl.\n  (68) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide. Other\nname: para-fluorobutyrylfentanyl.\n  (69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetam-\nide. Other name: Ocfentanil.\n  (70) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine. Other name: MT-45.\n  (71) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide.  Other name:\nValeryl fentanyl.\n  (72) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide.\nOther name: para-methoxybutyryl fentanyl.\n  (73) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.\nOther name: para-chloroisobutyryl fentanyl.\n  (74) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide.  Other name:\nisobutyryl fentanyl.\n  (75) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide.\nOther name: cyclopentyl fentanyl.\n  (76) (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide.  Other\nname: crotonyl fentanyl.\n  (77) N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)\npropionamide. Other names: 2'-fluoro ortho-fluorofentanyl; 2'-fluoro\n2-fluorofentanyl.\n  (78) N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide.  Other\nnames:  ortho-methyl acetylfentanyl; 2-methyl acetylfentanyl.\n  (79) N-(1-phenethylpiperidin-4-yl)-N, 3-diphenylpropanamide.  Other\nnames:   beta'-phenyl fentanyl; beta'-phenyl fentanyl; 3-phenylpropanoyl\nfentanyl.\n  (80) N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide.\nOther names:  thiofuranyl fentanyl; 2-thiofuranyl fentanyl; thiophene\nfentanyl.\n  (81) N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide. Other\nnames: beta-Methyl fentanyl; beta-methyl fentanyl.\n  (82) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide. Other\nnames: ortho-fluorobutyryl fentanyl; 2-fluorobutyryl fentanyl.\n  (83) N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide. Other\nname: 4'-methyl acetyl fentanyl.\n  (84) 2-methoxy-N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide.\nOther names: ortho-methyl methoxyacetylfentanyl; 2-methyl methoxyacetyl\nfentanyl.\n  (85) N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide.\nOther names: para-methylfentanyl; 4-methylfentanyl.\n  (86) N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide. Other names:\nphenyl fentanyl; benzoyl fentanyl.\n  (87) ethyl (1-phenethylpiperidin-4-yl)(phenyl)carbamate. Other name:\nFentanyl carbamate.\n  (88) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide.\nOther name: ortho-fluoroacryl fentanyl.\n  (89) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide.\nOther name: ortho-fluoroisobutyryl fentanyl.\n  (90) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide.\nOther name: para-fluoro furanyl fentanyl.\n  (91) N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)\nethan-1-amine. Other name: Isotonitazene.\n  (92) 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-\nbenzo{d}imidazol-2-one. Other names: Brorphine; 1-{1-{1-(4-bromophenyl)\nethyl}-4-piperidinyl}-1,3-dihydro-2H-benzimidazol-2-one.\n  (c) Opium derivatives. Unless specifically excepted or unless listed\nin another schedule, any of the following opium derivatives, its salts,\nisomers, and salts of isomers whenever the existence of such salts,\nisomers, and salts of isomers is possible within the specific chemical\ndesignation:\n  (1) Acetorphine.\n  (2) Acetyldihydrocodeine.\n  (3) Benzylmorphine.\n  (4) Codeine methylbromide.\n  (5) Codeine-N-oxide.\n  (6) Cyprenorphine.\n  (7) Desomorphine.\n  (8) Dihydromorphine.\n  (9) Drotebanol.\n  (10) Etorphine (except hydrochloride salt).\n  (11) Heroin.\n  (12) Hydromorphinol.\n  (13) Methyldesorphine.\n  (14) Methyldihydromorphine.\n  (15) Morphine methylbromide.\n  (16) Morphine methylsulfonate.\n  (17) Morphine-N-oxide.\n  (18) Myrophine.\n  (19) Nicocodeine.\n  (20) Nicomorphine.\n  (21) Normorphine.\n  (22) Pholcodine.\n  (23) Thebacon.\n  (d) Hallucinogenic substances. Unless specifically excepted or unless\nlisted in another schedule, any material, compound, mixture, or\npreparation, which contains any quantity of the following hallucinogenic\nsubstances, or which contains any of its salts, isomers, and salts of\nisomers whenever the existence of such salts, isomers, and salts of\nisomers is possible within the specific chemical designation (for\npurposes of this paragraph only, the term "isomer" includes the optical,\nposition and geometric isomers):\n(EXPLANATION--Within the following chemical designations, character\n  symbol substitutions were made from the original text:  "@" = Greek\n  alpha, "&" = Greek beta, "'" = prime mark and "/\" = triangle.)\n  (1) 4-bromo-2, 5-dimethoxy-amphetamine Some trade or other names:\n4-bromo-2, 5-dimethoxy-@-methylphenethylamine; 4-bromo-2, 5-DMA.\n  (2) 2, 5-dimethoxyamphetamine Some trade or other names:\n2, 5-dimethoxy-@-methylphenethylamine; 2, 5-DMA.\n  (3) 4-methoxyamphetamine Some trade or other names:\n4-methoxy-@-methylphenethylamine; paramethoxyamphetamine, PMA.\n  (4) 5-methoxy-3, 4-methylenedioxy - amphetamine.\n  (5) 4-methyl-2, 5-dimethoxy-amphetamine Some trade and other names:\n4-methyl-2, 5-dimethoxy-@-methylphenethylamine; "DOM"; and "STP".\n  (6) 3, 4-methylenedioxy amphetamine.\n  (7) 3, 4, 5-trimethoxy amphetamine.\n  (8) Bufotenine Some trade and other names:  3-(&-dimethylaminoethyl)-5\nhydroxindole; 3-(2-dimethylaminoethyl)- 5-indolol;\nN, N-dimethylserotonin; -5-hydroxy-N, N-dimethyltryptamine; mappine.\n  (9) Diethyltryptamine Some trade and other names:\nN, N-diethyltryptamine; DET.\n  (10) Dimethyltryptamine Some trade or other names: DMT.\n  (11) Ibogane Some trade and other names: 7-ethyl-6, 6&, 7, 8, 9, 10,\n12, 13-octahydro-2-methoxy-6, 9-methano-5h-pyrido {1',2':1,2} azepino\n{5,4-b} indole: tabernanthe iboga.\n  (12) Lysergic acid diethylamide.\n  (13) Mescaline.\n  (14) Parahexyl. Some trade or other names: 3-Hexyl-1-hydroxy-\n7,8,9,10-tetra hydro-6,6,9-trimethyl-6H-dibenfo{b,d} pyran.\n  (15) Peyote. Meaning all parts of the plant presently classified\nbotanically as Lophophora williamsii Lemaire, whether growing or not,\nthe seeds thereof, any extract from any part of such plant, and every\ncompound, manufacture, salts, derivative, mixture, or preparation of\nsuch plant, its seeds or extracts.\n  (16) N-ethyl-3-piperidyl benzilate.\n  (17) N-methyl-3-piperidyl benzilate.\n  (18) Psilocybin.\n  (19) Psilocyn.\n  (20) Tetrahydrocannabinols. Synthetic tetrahydrocannabinols not\nderived from the cannabis plant that are equivalents of the substances\ncontained in the plant, or in the resinous extractives of cannabis, sp.\nand/or synthetic substances, derivatives, and their isomers with similar\nchemical structure and pharmacological activity such as the following:\n  delta 1 cis or trans tetrahydrocannabinol, and their optical isomers\n  delta 6 cis or trans tetrahydrocannabinol, and their optical isomers\n  delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers\n(since nomenclature of these substances is not internationally\nstandardized, compounds of these structures, regardless of numerical\ndesignation of atomic positions covered). Any Federal Food and Drug\nAdministration approved product containing tetrahydrocannabinol shall\nnot be considered a synthetic tetrahydrocannabinol.\n  (21) Ethylamine analog of phencyclidine. Some trade or other names:\nN-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine,\nN-(1-phenylcyclohexyl) ethylamine cyclohexamine, PCE.\n  (22) Pyrrolidine analog of phencyclidine. Some trade or other names\n1-(1-phenylcyclohexyl)-pyrrolidine; PCPy, PHP.\n  (23) Thiophene analog of phencyclidine. Some trade or other names:\n1-{1-(2-thienyl)-cyclohexyl}-piperidine, 2-thienylanalog of\nphencyclidine, TPCP, TCP.\n  (24) 3,4-methylenedioxymethamphetamine (MDMA).\n  (25) 3,4-methylendioxy-N-ethylamphetamine (also known as\nN-ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl MDA,\nMDE, MDEA.\n  (26) N-hydroxy-3,4-methylenedioxyamphetamine (also known as\nN-hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and\nN-hydroxy MDA.\n  (27) 1-{1- (2-thienyl) cyclohexyl} pyrrolidine. Some other names:\nTCPY.\n  (28) Alpha-ethyltryptamine. Some trade or other names: etryptamine;\nMonase; Alpha-ethyl-1H-indole-3-ethanamine; 3- (2-aminobutyl) indole;\nAlpha-ET or AET.\n  (29) 2,5-dimethoxy-4-ethylamphetamine. Some trade or other names:\nDOET.\n  (30) 4-Bromo-2,5-dimethoxyphenethylamine. Some trade or other names:\n2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB;\n2C-B, Nexus.\n  (31) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its\noptical isomers, salts and salts of isomers.\n  (33) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,\nalso known as 25I-NBOMe; 2C-I-NBOMe; 25I; or Cimbi-5.\n  (34) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,\nalso known as 25 CNBOMe; 2C-C-NBOMe; 25C; or Cimbi-82.\n  (35) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine,\nalso known as, 25 BNBOMe; 2C-B-NBOMe; Cimbi-36.\n  (36) 5-methoxy-N,N-dimethyltryptamine.\n  (37) Alpha-methyltryptamine. Some trade or other names: AMT.\n  (38) 5-methoxy-N,N-diisopropyltryptamine. Some trade or other names:\n5-MeO-DIPT.\n  (e) Depressants. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation which\ncontains any quantity of the following substances having a depressant\neffect on the central nervous system, including its salts, isomers, and\nsalts of isomers whenever the existence of such salts, isomers, and\nsalts of isomers is possible within the specific chemical designation:\n  (1) Mecloqualone.\n  (2) Methaqualone.\n  (3) Phencyclidine.\n  (4) Gamma hydroxybutyric acid, and salt, hydroxybutyric compound,\nderivative or preparation of gamma hydroxybutyric acid, including any\nisomers, esters and ethers and salts of isomers, esters and ethers of\ngamma hydroxybutyric acid, except gamma-butyrolactone, whenever the\nexistence of such isomers, esters and ethers and salts is possible\nwithin the specific chemical.\n  (5) Gamma-butyrolactone, including butyrolactone; butyrolactone gamma;\n4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone;\ntetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide;\ngamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and\n4-hydroxybutanoic acid lactone with Chemical Abstract Service number\n(96-48-0) when any such substance is intended for human consumption.\n  (6) 1,4 butanediol, including butanediol; butane-1,4-diol;\n1,4-butylene glyco; butylene glycol; 1,4-dihydroxybutane;\n1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene\nAbstract Service number (110-63-4) when any such substance is intended\nfor human consumption.\n  (f) Stimulants. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation which\ncontains any quantity of the following substances having a stimulant\neffect on the central nervous system, including its salts, isomers, and\nsalts of isomers:\n  (1) Fenethylline.\n  (2) N-ethylamphetamine.\n  (3) (+ -)cis-4-methylaminorex ((+ -)cis-4,5-dihydro-4-methyl -5-phenyl\n-2-oxazolamine).\n  (4) N,N-dimethylamphetamine (also known as N,N-alpha-\ntrimethyl-benzeneethanamine; N,N-alpha- trimethylphenethylamine).\n  (5) Methcathinone (some other names: 2-(methylamino) - propiophenone;\nalpha-(methylamino) propiophenone; 2-(methylamino) -1-phenylpropan-\n1-one; alpha-N- methylaminopropiophenone; monomethylpropion; ephedrone,\nN-methylcathinone, methylcathinone; AL-464; AL-422; AL-463 and UR1432),\nits salts, optical isomers and salts of optical isomers.\n  (6) Aminorex. Some other names: aminoxaphen; 2-amino-5-phenyl\n-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine.\n  (7) Cathinone. Some trade or other names:\n2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,\n2-aminopropiophenone, and norephedrone.\n  (8) N-benzylpiperazine (some other names: BZP; 1-benzylpiperazine),\nits optical isomers, salts and salts of isomers.\n  (9) 4-methyl-N-methylcathinone or 4-Methylmethcathinone, also known as\nMephedrone.\n  (10) 3,4-methylenedioxypyrovalerone or Methylenedioxypyrovalerone,\nalso known as MDPV.\n  (11) 3,4-methylenedioxy-N-methylcathinone (some other names:\nmethylone).\n  (12) 4-Methoxymethcathinone.\n  (13) 3-Fluoromethcathinone.\n  (14) 4-Fluoromethcathinone.\n  (15) Ethylpropion (Ethcathinone).\n  (16) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).\n  (17) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D).\n  (18) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C).\n  (19) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I).\n  (20) 2-{4-(Ethylthio)-2,5-dimethoxyphenyl}ethanamine (2C-T-2).\n  (21) 2-{4-(Isopropylthio)-2,5-dimethoxyphenyl}ethanamine (2C-T-4).\n  (22) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H).\n  (23) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N).\n  (24) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).\n  (g) Synthetic cannabinoids. Unless specifically excepted or unless\nlisted in another schedule, any material, compound, mixture, or\npreparation, which contains any quantity of the following synthetic\ncannabinoid substances, or which contains any of its salts, isomers, and\nsalts of isomers whenever the existence of such salts, isomers, and\nsalts of isomers is possible within the specific chemical designation\n(for purposes of this paragraph only, the term "isomer" includes the\noptical, position and geometric isomers):\n  (1) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)\nmethanone.  Some trade or other names: UR-144.\n  (2) {1-(5-fluro-pentyl)-1H-indol-3-yl}(2,2,3,3-tetramethylcyclopropyl)\nmethanone. Some trade names or other names: 5-fluoro-UR-144, XLR11.\n  (3) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide. Some trade or\nother names: APINACA, AKB48.\n  (4) quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate. Some trade or\nother names: PB-22; QUPIC.\n  (5) quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Some\ntrade or other names: 5-fluoro-PB-22; 5F-PB-22.\n  (6) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazo-\nle-3-carboxamide. Some trade or other names: AB-FUBINACA.\n  (7) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-\ncarboxamide. Some trade or other names: ADB-PINACA.\n  (8) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-\nindazole-3-carboxamide. Some trade or other names: AB-CHMINACA.\n  (9) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-\ncarboxamide. Some trade or other names: AB-PINACA.\n  (10) {1-(5-fluoropentyl)-1H-indazol-3-yl}(naphthalen-1-y1)methanone.\nSome trade or other names: THJ-2201.\n  (h) (1) Cannabimimetic agents. Unless specifically exempted or unless\nlisted in another schedule, any material, compound, mixture, or\npreparation that is not approved by the federal food and drug\nadministration (FDA) which contains any quantity of cannabimimetic\nagents, or which contains their salts, isomers, and salts of isomers\nwhenever the existence of such salts, isomers, and salts of isomers is\npossible within the specific chemical designation.\n  (2) As used in this subdivision, the term "cannabimimetic agents"\nmeans any substance that is a cannabinoid receptor type 1 (CB1 receptor)\nagonist as demonstrated by binding studies and functional assays within\nany of the following structural classes:\n  (i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position\nof the phenolic ring by alkyl or alkenyl, whether or not substituted on\nthe cyclohexyl ring to any extent.\n  (ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by\nsubstitution at the nitrogen atom of the indole ring, whether or not\nfurther substituted on the indole ring to any extent, whether or not\nsubstituted on the naphthoyl or naphthyl ring to any extent.\n  (iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of\nthe pyrrole ring, whether or not further substituted in the pyrrole ring\nto any extent, whether or not substituted on the naphthoyl ring to any\nextent.\n  (iv) 1-(1-naphthylmethylene)indene by substitution of the 3-position\nof the indene ring, whether or not further substituted in the indene\nring to any extent, whether or not substituted on the naphthyl ring to\nany extent.\n  (v) 3-phenylacetylindole or 3-benzoylindole by substitution at the\nnitrogen atom of the indole ring, whether or not further substituted in\nthe indole ring to any extent, whether or not substituted on the phenyl\nring to any extent.\n  (3) Such term includes:\n  (i) 5-(1,1-dimethylheptyl)-2-{(1R,3S)-3-hydroxycyclohexyl}-phenol\n(CP-47,497);\n  (ii) 5-(1,1-dimethyloctyl)-2-{(1R,3S)-3-hydroxycyclohexyl}-phenol\n(cannabicyclohexanol or CP-47,497 C8-homolog);\n  (iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);\n  (iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073);\n  (v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019);\n  (vi) 1-{2-(4-morpholinyl)ethyl}-3-(1-naphthoyl)indole (JWH-200);\n  (vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);\n  (viii) 1-pentyl-3-{1-(4-methoxynaphthoyl)}indole (JWH-081);\n  (ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);\n  (x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);\n  (xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201);\n  (xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);\n  (xiii) 1-pentyl-3-{(4-methoxy)-benzoyl}indole (SR-19 and RCS-4);\n  (xiv) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and\nRCS-8); and\n  (xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).\n  Schedule II. (a) Schedule II shall consist of the drugs and other\nsubstances, by whatever official name, common or usual name, chemical\nname, or brand name designated, listed in this section.\n  (b) Substances, vegetable origin or chemical synthesis. Unless\nspecifically excepted or unless listed in another schedule, any of the\nfollowing substances whether produced directly or indirectly by\nextraction from substances of vegetable origin, or independently by\nmeans of chemical synthesis, or by a combination of extraction and\nchemical synthesis:\n  (1) Opium and opiate, and any salt, compound, derivative, or\npreparation of opium or opiate, excluding apomorphine, dextrorphan,\nnalbuphine, nalmefene, naloxone, and naltrexone, and their respective\nsalts, but including the following:\n  1. Raw opium.\n  2. Opium extracts.\n  3. Opium fluid.\n  4. Powdered opium.\n  5. Granulated opium.\n  6. Tincture of opium.\n  7. Codeine.\n  8. Ethylmorphine.\n  9. Etorphine hydrochloride.\n  10. Hydrocodone (also known as dihydrocodeinone).\n  11. Hydromorphone.\n  12. Metopon.\n  13. Morphine.\n  14. Oxycodone.\n  15. Oxymorphone.\n  16. Thebaine.\n  17. Dihydroetorphine.\n  18. Oripavine.\n  (2) Any salt, compound, derivative, or preparation thereof which is\nchemically equivalent or identical with any of the substances referred\nto in this section, except that these substances shall not include the\nisoquinoline alkaloids of opium.\n  (3) Opium poppy and poppy straw.\n  (4) Coca leaves and any salt, compound, derivative, or preparation of\ncoca leaves, and any salt, compound, derivative, or preparation thereof\nwhich is chemically equivalent or identical with any of these substances\nincluding cocaine and ecgonine, their salts, isomers, and salts of\nisomers, except that the substances shall not include: (A) decocainized\ncoca leaves or extraction of coca leaves, which extractions do not\ncontain cocaine or ecgonine; or (B) {123I} ioflupane.\n  (5) Concentrate of poppy straw (the crude extract of poppy straw in\neither liquid, solid or powder form which contains the phenanthrene\nalkaloids of the opium poppy).\n  (b-1) Unless specifically excepted or unless listed in another\nschedule, any material, compound, mixture, or preparation containing any\nof the following, or their salts calculated as the free anhydrous base\nor alkaloid, in limited quantities as set forth below:\n  (1) Not more than three hundred milligrams of dihydrocodeinone\n(hydrocodone) per one hundred milliliters or not more than fifteen\nmilligrams per dosage unit, with a fourfold or greater quantity of an\nisoquinoline alkaloid of opium.\n  (2) Not more than three hundred milligrams of dihydrocodeinone\n(hydrocodone) per one hundred milliliters or not more than fifteen\nmilligrams per dosage unit, with one or more active nonnarcotic\ningredients in recognized therapeutic amounts.\n  (c) Opiates. Unless specifically excepted or unless in another\nschedule any of the following opiates, including its isomers, esters,\nethers, salts and salts of isomers, esters and ethers whenever the\nexistence of such isomers, esters, ethers, and salts is possible within\nthe specific chemical designation, dextrorphan and levopropoxyphene\nexcepted:\n  (1) Alfentanil.\n  (2) Alphaprodine.\n  (3) Anileridine.\n  (4) Bezitramide.\n  (5) Bulk dextropropoxyphene (non-dosage forms).\n  (6) Carfentanil.\n  (7) Dihydrocodeine.\n  (8) Diphenoxylate.\n  (9) Fentanyl.\n  (10) Isomethadone.\n  (11) Levo-alphacetylmethadol (also known as levo-alpha-acetylmethadol,\nlevomethadylacetate or LAAM).\n  (12) Levomethorphan.\n  (13) Levorphanol.\n  (14) Metazocine.\n  (15) Methadone.\n  (16) Methadone-intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl\nbutane.\n  (17) Moramide-intermediate, 2-methyl-3-morpholino-1,\n1--diphenylpropane--carboxylic acid.\n  (18) Pethidine (meperidine).\n  (19) Pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine.\n  (20) Pethidine-intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate.\n  (21) Pethidine-intermediate-C, 1--methyl--4-- phenylpiperidine--4--\ncarboxylic acid.\n  (22) Phenazocine.\n  (23) Piminodine.\n  (24) Racemethorphan.\n  (25) Racemorphan.\n  (26) Sufentanil.\n  (27) Remifentanil.\n  (28) Tapentadol.\n  (29) Thiafentanil.\n  (d) Stimulants. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation which\ncontains any quantity of the following substances having a stimulant\neffect on the central nervous system, including its salts, isomers, and\nsalts of isomers:\n  (1) Amphetamine.\n  (2) Methamphetamine.\n  (3) Phenmetrazine.\n  (4) Methylphenidate.\n  (5) Lisdexamfetamine.\n  (e) Depressants. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation which\ncontains any quantity of the following substances having a depressant\neffect on the central nervous system, including its salts, isomers, and\nsalts of isomers whenever the existence of such salts, isomers, and\nsalts of isomers is possible within the specific chemical designation:\n  (1) Amobarbital.\n  (2) Glutethimide.\n  (3) Pentobarbital.\n  (4) Secobarbital.\n  (f) Hallucinogenic substances.\n  Nabilone: Another name for nabilone: (+,-)-trans\n-3-(1,1-dimethylheptyl)-6, 6a, 7, 8, 10, 10a-hexahydro-1-hydroxy-6,\n6-dimethyl-9H-dibenzo{b,d}pyran-9-one.\n  (g) Immediate precursors. Unless specifically excepted or unless\nlisted in another schedule, any material, compound, mixture or\npreparation which contains any quantity of the following substances:\n  (1) Immediate precursor to amphetamine and methamphetamine:\n  (i) Phenylacetone Some trade or other names: pheny1-2-propanone; P2P;\nbenzyl methyl ketone; methyl benzyl ketone;\n  (2) Immediate precursors to phencyclidine (PCP):\n  (i) 1-phenylcyclohexylamine;\n  (ii) 1-piperidinocyclohexanecarbonitrile (PCC).\n  (3) Immediate precursor to fentanyl:\n  (i) 4-anilino-N-phenenethylpiperidine (ANPP).\n  (ii) N-phenyl-N-(piperidin-4-yl)propionamide (Norfentanyl).\n  (h) Anabolic steroids. Unless specifically excepted or unless listed\nin another schedule, "anabolic steroid" shall mean any drug or hormonal\nsubstance, chemically and pharmacologically related to testosterone\n(other than estrogens, progestins, corticosteroids and\ndehydroepiandrosterone) and includes:\n  (1) 3{beta}, 17-dihydroxy-5a-androstane.\n  (2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane.\n  (3) 5{alpha}-androstan-3,17-dione.\n  (4) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-androst-1-\nene).\n  (5) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-androst-1-\nene).\n  (6) 4-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-4-ene).\n  (7) 5-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-5-ene).\n  (8) 1-androstenedione ({5{alpha}}-androst-1-en-3,17-dione).\n  (9) 4-androstenedione (androst-4-en-3,17-dione).\n  (10) 5-androstenedione (androst-5-en-3,17-dione).\n  (11) Bolasterone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyandrost-\n4-en-3-one).\n  (12) Boldenone (17{beta}-hydroxyandrost-1, 4,-diene-3-one).\n  (13) Boldione (androsta-1,4-diene-3,17-dione).\n  (14) Calusterone (7{beta}, 17{alpha}-dimethyl-17{beta}-hydroxyandrost-\n4-en-3-one).\n  (15) Clostebol (4-chloro-17{beta}-hydroxyandrost-4-en-3-one).\n  (16) Dehydrochloromethyltestosterone (4-chloro-17{beta}-hydroxy-17\n{alpha}-methyl-androst-1, 4-dien-3-one).\n  (17) {Delta} 1-dihydrotestosterone (a.k.a. '1-testosterone') (17\n{beta}-hydroxy-5{alpha}-androst-1-en-3-one).\n  (18) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-3-one).\n  (19) Drostanolone (17{beta}-hydroxy-2{alpha}-methyl-5{alpha}\n-androstan-3-one).\n  (20) Ethylestrenol (17{alpha}-ethyl-17{beta}-hydroxyestr- 4-ene).\n  (21) Fluoxymesterone (9-fluoro-17{alpha}-methyl-11{beta}, 17 {beta}-\ndihydroxyandrost-4-en-3-one).\n  (22) Formebolone (2-formyl-17{alpha}-methyl-11{alpha},\n17{beta}-dihydroxyandrost-1, 4-dien-3-one).\n  (23) Furazabol (17{alpha}-methyl-17{beta}-hydroxyandrostano\n{2, 3-c}-furazan).\n  (24) 13{beta}-ethyl-17{beta}-hyroxygon-4-en-3-one.\n  (25) 4-hydroxytestosterone (4, 17{beta}-dihydroxy-androst-4-en-3-one).\n  (26) 4-hydroxy-19-nortestosterone\n(4,17{beta}-dihydroxy-estr-4-en-3-one).\n  (27) desoxymethyltestosterone\n(17{alpha}-methyl-5{alpha}-androst-2-en-17{beta}-ol) (a.k.a., madol).\n  (28) Mestanolone  (17{alpha}-methyl-17{beta}-hydroxy-\n5-androstan-3-one).\n  (29) Mesterolone (1{alpha} methyl-17{beta}-hydroxy-\n{5{alpha}}-androstan-3-one).\n  (30) Methandienone (17{alpha}-methyl-17{beta}-hydroxyandrost-1,\n4-dien-3-one).\n  (31) Methandriol (17{alpha}-methyl-3{beta},\n17{beta}-dihydroxyandrost-5-ene).\n  (32) Methenolone (1-methyl-17{beta}-hydroxy-5{alpha}-androst-\n1-en-3-one).\n  (33) 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5a-androstane.\n  (34) 17{alpha}-methyl-3{alpha}, 17{beta}-dihydroxy- 5a-androstane.\n  (35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.\n  (36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-\nhydroxy-17{beta}-hydroxyestr-4-en-3-one).\n  (37) Methyldienolone (17{alpha}-methyl-17{beta}-hydroxyestra-\n4,9(10)-dien-3-one).\n  (38) Methyltrienolone (17{alpha}-methyl-17{beta}-hydroxyestra-4,\n9-11-trien-3-one).\n  (39) Methyltestosterone (17{alpha}-methyl-17{beta}-hydroxyandrost-\n4-en-3-one).\n  (40) Mibolerone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyestr-\n4-en-3-one).\n  (41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone\n(17b{beta}-hydroxy-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)\n(a.k.a. '17-{alpha}-methyl-1-testosterone').\n  (42) Nandrolone(17{beta}-hydroxyestr-4-en-3-one).\n  (43) 19-nor-4-androstenediol (3{beta},17{beta}-dihydroxyestr -4-ene).\n  (44) 19-nor-4-androstenediol (3{alpha},17{beta}-dihydroxyestr-4-ene).\n  (45) 19-nor-5-androstenediol (3{beta},17{beta}-dihydroxyestr -5-ene).\n  (46) 19-nor-5-androstenediol (3{alpha},17{beta}-dihydroxyestr-5-ene).\n  (47) 19-nor-4,9(10)-androstadienedione\n(estra-4,9(10)-diene-3,17-dione).\n  (48) 19-nor-4-androstenedione (estr-4-en-3,17-dione).\n  (49) 19-nor-5-androstenedione (estr-5-en-3,17-dione).\n  (50) Norbolethone (13{beta}, 17{alpha}-diethyl-17{beta}\n-hydroxygon-4-en-3-one).\n  (51) Norclostebol (4-chloro-17{beta}-hydroxyestr-4-en-3-one).\n  (52) Norethandrolone (17{alpha}-ethyl-17{beta}-hydroxyestr-\n4-en-3-one).\n  (53) Normethandrolone (17{alpha}-methyl-17{beta}\n-hydroxyestr-4-en-3-one).\n  (54) Oxandrolone (17{alpha}-methyl-17{beta}-hydroxy-2-oxa-\n{5{alpha}}-androstan-3-one).\n  (55) Oxymesterone (17{alpha}-methyl-4, 17{beta}-dihydroxy\nandrost-4-en-3-one).\n  (56) Oxymetholone (17 {alpha}-methyl-2-hydroxymethylene-17\n{beta}-hydroxy-{5{alpha}}- androstan-3-one).\n  (57) Stanozolol (17{alpha}-methyl-17{beta}-hydroxy-{5{alpha}}-\nandrost-2-eno{3, 2-c}-pyrazole).\n  (58) Stenbolone (17{beta}-hydroxy-2-methyl-{5{alpha}}-androst-\n1-en-3-one).\n  (59) Testolactone (13-hydroxy-3-oxo-13, 17-secoandrosta-1,\n4-dien-17-oic acid lactone).\n  (60) Testosterone (17{beta}-hydroxyandrost-4-en-3-one).\n  (61) Tetrahydrogestrinone (13{beta}, 17{alpha}-diethyl\n-17{beta}-hydroxygon-4, 9, 11-trien-3-one).\n  (62) Trenbolone (17{beta}-hydroxyestr-4, 9, 11-trien-3-one).\n  (63) Any salt, ester or ether of a drug or substance described or\nlisted in this subdivision.\n  (i) Subdivision (h) of this section shall not include any substance\ncontaining anabolic steroids expressly intended for administration\nthrough implants to cattle or other nonhuman species and that are\napproved by the federal food and drug administration solely for such\nuse.  Any individual who knowingly and willfully administers to himself\nor another person, prescribes, dispenses or distributes such substances\nfor other than implantation to cattle or nonhuman species shall be\nsubject to the same penalties as a practitioner who violates the\nprovisions of this section or any other penalties prescribed by law.\n  Schedule III. (a) Schedule III shall consist of the drugs and other\nsubstances, by whatever official name, common or usual name, chemical\nname, or brand name designated, listed in this section.\n  (b) Stimulants. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation which\ncontains any quantity of the following substances having a stimulant\neffect on the central nervous system, including its salts, isomers\n(whether optical, position, or geometric), and salts of such isomers\nwhenever the existence of such salts, isomers, and salts of isomers is\npossible within the specific chemical designation:\n  (1) Those compounds, mixtures, or preparations in dosage unit form\ncontaining any stimulant substances listed in schedule II which\ncompounds, mixtures, or preparations were listed on August twenty-five,\nnineteen hundred seventy-one, as excepted compounds under title\ntwenty-one, section 308.32 of the code of federal regulations and any\nother drug of the quantitive composition shown in that list for those\ndrugs or which is the same except that it contains a lesser quantity of\ncontrolled substances.\n  (2) Benzphetamine.\n  (3) Chlorphentermine.\n  (4) Clortermine.\n  (6) Phendimetrazine.\n  (c) Depressants. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation which\ncontains any quantity of the following substances having a depressant\neffect on the central nervous system, including its salts, isomers, and\nsalts of isomers:\n  (1) Any compound, mixture or preparation containing:\n  (i) Amobarbital;\n  (ii) Secobarbital;\n  (iii) Pentobarbital;\nor any salt thereof and one or more other active medicinal ingredients\nwhich are not listed in any schedule.\n  (2) Any suppository dosage form containing:\n  (i) Amobarbital;\n  (ii) Secobarbital;\n  (iii) Pentobarbital;\nor any salt of any of these drugs and approved by the federal food and\ndrug administration for marketing only as a suppository.\n  (3) Any substance which contains any quantity of a derivative of\nbarbituric acid or any salt thereof.\n  (4) Chlorhexadol.\n  (5) Lysergic acid.\n  (6) Lysergic acid amide.\n  (7) Methyprylon.\n  (8) Sulfondiethylmethane.\n  (9) Sulfonethylmethane.\n  (10) Sulfonmethane.\n  (11) Tiletamine and zolazepam or any salt thereof. Some trade or other\nnames for a tiletamine-zolazepam combination product: Telazol.  Some\ntrade or other names for tiletamine: 2-(ethylamino) -2-(2-thienyl)\n-cyclohexanone. Some trade or other names for zolazepam:\n4-(2-fluorophenyl) -6,8-dihydro -1, 3, 8i-trimethylpyrazolo-{3,4-e}\n{1,4} -diazepin-7(1H)-one, flupyrazapon.\n  (12) Gamma hydroxybutyric acid, and salt, hydroxybutyric compound,\nderivative or preparation of gamma hydroxybutyric acid, including any\nisomers, esters and ethers and salts of isomers, esters and ethers of\ngamma hydroxybutyric acid, contained in a drug product for which an\napplication has been approved under section 505 of the federal food,\ndrug and cosmetic act.\n  (13) Ketamine,  its  salts,  isomers  and salts  of  isomers  (some\nother  names  for  ketamine:  (±)-2-(2-chlorophenyl)-2-(methylamino)-\ncyclohexanone).\n  (14) Embutramide.\n  (d) Nalorphine.\n  (e) Narcotic drugs. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation\ncontaining any of the following narcotic drugs, or their salts\ncalculated as the free anhydrous base or alkaloid, in limited quantities\nas set forth below:\n  (1) Not more than 1.8 grams of codeine per one hundred milliliters or\nnot more than ninety milligrams per dosage unit, with an equal or\ngreater quantity of an isoquinoline alkaloid of opium.\n  (2) Not more than 1.8 grams of codeine per one hundred milliliters or\nnot more than ninety milligrams per dosage unit, with one or more\nactive, nonnarcotic ingredients in recognized therapeutic amounts.\n  (3) Not more than 1.8 grams of dihydrocodeine per one hundred\nmilliliters or not more than ninety milligrams per dosage unit, with one\nor more active nonnarcotic ingredients in recognized therapeutic\namounts.\n  (4) Not more than three hundred milligrams of ethylmorphine per one\nhundred milliliters or not more than fifteen milligrams per dosage unit,\nwith one or more active, nonnarcotic ingredients in recognized\ntherapeutic amounts.\n  (5) Not more than five hundred milligrams of opium per one hundred\nmilliliters or per one hundred grams or not more than twenty-five\nmilligrams per dosage unit, with one or more active, nonnarcotic\ningredients in recognized therapeutic amounts.\n  (6) Not more than fifty milligrams of morphine per one hundred\nmilliliters or per one hundred grams, with one or more active,\nnonnarcotic ingredients in recognized therapeutic amounts.\n  (7) Buprenorphine in any quantities.\n  (f) Dronabinol (synthetic) in sesame oil and encapsulated in a soft\ngelatin capsule in a U.S. Food and Drug Administration approved product.\n  Some other names for dronabinol include: (6aR-trans)-6a, 7, 8,\n10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo{b,d} pyran-1-o1, or\n(-)-delta-9-(trans) - tetrahydrocannabinol.\n  (g) Chorionic gonadotropin. (1) Unless specifically excepted or unless\nlisted in another schedule any material, compound, mixture, or\npreparation which contains any amount of chorionic gonadotropin.\n  (2) Paragraph one of this subdivision shall not include any substance\ncontaining chorionic gonadotropin expressly intended for administration\nthrough implants or injection to cattle or other nonhuman species and\nthat are approved by the federal food and drug administration solely for\nsuch use. Any individual who knowingly and willfully administers to\nhimself or another person, prescribes, dispenses or distributes such\nsubstances for other than implantation or injection to cattle or\nnonhuman species shall be subject to the same penalties as a\npractitioner who violates the provisions of this section or any other\npenalties prescribed by law.\n  Schedule IV. (a) Schedule IV shall consist of the drugs and other\nsubstances, by whatever official name, common or usual name, chemical\nname, or brand name designated, listed in this section.\n  (b) Narcotic drugs. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation\ncontaining any of the following narcotic drugs, or their salts\ncalculated as the free anhydrous base or alkaloid, in limited quantities\nas set forth below:\n  (1) Not more than one milligram of difenoxin and not less than\ntwenty-five micrograms of atropine sulfate per dosage unit.\n  (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-\nmethyl-2-propionoxybutane).\n  (c) Depressants. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation which\ncontains any quantity of the following substances, including its salts,\nisomers, and salts of isomers whenever the existence of such salts,\nisomers, and salts of isomers is possible within the specific chemical\ndesignation:\n  (1) Alprazolam.\n  (2) Barbital.\n  (3) Bromazepam.\n  (4) Camazepam.\n  (5) Chloral betaine.\n  (6) Chloral hydrate.\n  (7) Chlordiazepoxide.\n  (8) Clobazam.\n  (9) Clonazepam.\n  (10) Clorazepate.\n  (11) Clotiazepam.\n  (12) Cloxazolam.\n  (13) Delorazepam.\n  (14) Diazepam.\n  (15) Estazolam.\n  (16) Ethchlorvynol.\n  (17) Ethinamate.\n  (18) Ethyl Loflazepate.\n  (19) Fludiazepam.\n  (20) Flunitrazepam.\n  (21) Flurazepam.\n  (22) Halazepam.\n  (23) Haloxazolam.\n  (24) Ketazolam.\n  (25) Loprazolam.\n  (26) Lorazepam.\n  (27) Lormetazepam.\n  (28) Mebutamate.\n  (29) Medazepam.\n  (30) Meprobamate.\n  (31) Methohexital.\n  (32) Methylphenobarbital (mephobarbital).\n  (33) Nimetazepam.\n  (34) Nitrazepam.\n  (35) Nordiazepam.\n  (36) Oxazepam.\n  (37) Oxazolam.\n  (38) Paraldehyde.\n  (39) Petrichoral.\n  (40) Phenobarbital.\n  (41) Pinazepam.\n  (42) Prazepam.\n  (43) Temazepam.\n  (44) Tetrazepam.\n  (45) Triazolam.\n  (46) Midazolam.\n  (47) Quazepam.\n  (48) Zolpidem.\n  (49) Dichloralphenazone.\n  (50) Zaleplon.\n  (51) Zopiclone (eszopiclone).\n  (52) Fospropofol.\n  (53) Carisoprodol.\n  * (d) Fenfluramine. Any material, compound, mixture, or preparation\nwhich contains any quantity of the following substances, including its\nsalts, isomers (whether optical, position, or geometric), and salts of\nsuch isomers, whenever the existence of such salts, isomers and salts of\nisomers is possible:\n  (1) Fenfluramine.\n  * NB Repealed upon the removal of fenfluramine and its salts and\nisomers from Schedule IV of the federal Controlled Substances Act\n  (e) Stimulants. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture, or preparation which\ncontains any quantity of the following substances having a stimulant\neffect on the central nervous system, including its salts, isomers, and\nsalts of such isomers:\n  (1) Cathine ((+) - norpseudoephedrine).\n  (2) Diethylpropion.\n  (3) Fencamfamin.\n  (4) Fenproporex.\n  (5) Mazindol.\n  (6) Mefenorex.\n  (7) Pemoline (including organometallic complexes and chelates\nthereof).\n  (8) Phentermine.\n  (9) Pipradrol.\n  (10) SPA((-))-1-dimethylamino-1, 2-diphenylethane).\n  (11) Modafinil.\n  (12) Sibutramine.\n  (f) Other substances. Unless specifically excepted or unless listed in\nanother schedule, any material, compound, mixture or preparation which\ncontains any quantity of the following substances, including its salts:\n  (1) Pentazocine.\n  (2) Butorphanol (including its optical isomers).\n  (3) Tramadol in any quantities.\n  Schedule V. (a) Schedule V shall consist of the drugs and other\nsubstances, by whatever official name, common or usual name, chemical\nname, or brand name designated, listed in this section.\n  (b) Narcotic drugs containing nonnarcotic active medicinal\ningredients.  Any compound, mixture, or preparation containing any of\nthe following narcotic drugs, or their salts calculated as the free\nanhydrous base or alkaloid, in limited quantities as set forth below,\nwhich shall include one or more nonnarcotic active medicinal ingredients\nin sufficient proportion to confer upon the compound, mixture, or\npreparation valuable medicinal qualities other than those possessed by\nnarcotic drugs alone:\n  (1) Not more than two hundred milligrams of codeine per one hundred\nmilliliters or per one hundred grams.\n  (2) Not more than one hundred milligrams of dihydrocodeine per one\nhundred milliliters or per one hundred grams.\n  (3) Not more than one hundred milligrams of ethylmorphine per one\nhundred milliliters or per one hundred grams.\n  (4) Not more than 2.5 milligrams of diphenoxylate and not less than\ntwenty-five micrograms of atropine sulfate per dosage unit.\n  (5) Not more than one hundred milligrams of opium per one hundred\nmilliliters or per one hundred grams.\n  (6) Not more than 0.5 milligram of difenoxin and not less than\ntwenty-five micrograms of atropine sulfate per dosage unit.\n  (c) Stimulants. Unless specifically exempted or excluded or unless\nlisted in another schedule, any material, compound, mixture, or\npreparation which contains any quantity of the following substances\nhaving a stimulant effect on the central nervous system, including its\nsalts, isomers and salts of isomers:\n  (1) Pyrovalerone.\n  (d) Depressants. Unless specifically exempted or excluded or unless\nlisted in another schedule, any material, compound, mixture, or\npreparation which contains any quantity of the following substances\nhaving a depressant effect on the central nervous system, including its\nsalts, isomers, and salts of isomers:\n  (1) Ezogabine {N-{2-amino-4-(4-fluorobenzylamino)-phenyl}-carbamic\nacid ethyl ester}.\n  (2) Lacosamide {(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide}.\n  (3) Pregabalin {(S)-3-(aminomethyl)-5-methylhexanoic acid }.\n
N.Y. RPT Law § 907 — New York Code / Act RPT / Article 9 / Title 1-A / Section 907
Differential tax rates for land and improvements
Status: in_force

* § 907. Differential tax rates for land and improvements. 1. Except\nas provided by section nine hundred nine of this title, the city of\nAmsterdam is hereby authorized to enact a local law, ordinance or\nresolution providing for the imposition of taxes for city purposes at\nseparate and different rates for land and improvements. For purposes of\nthis title, the term "improvements" means real property as defined in\nparagraph (b) of subdivision twelve of section one hundred two of this\nchapter.\n  2. The tax rates imposed in accordance with this title shall be\ndetermined in accordance with the provisions of the local law, ordinance\nor resolution enacted pursuant to this section, except that the tax rate\nimposed upon improvements may not exceed the tax rate imposed upon land.\n  3. The provisions of this title shall not apply to property assessed\npursuant to article six of this chapter or to property for which ceiling\nassessments are established pursuant to titles two-A and two-B of\narticle four of this chapter. The rate of tax imposed on such property\nshall be determined as if all real property on the assessment roll were\ntaxed at the same rate.\n  4. In no event shall the provisions of this title be construed to\nauthorize the imposition of real property taxes in excess of the\nlimitation established by the state constitution.\n  * NB Expired July 1, 2001\n
N.Y. RPT Law § 414 — New York Code / Act RPT / Article 4 / Title 1 / Section 414
Public housing, publicly assisted housing and limited-profit nursing homes
Status: in_force

§ 414.  Public housing, publicly assisted housing and limited-profit\nnursing homes.  Real property owned by a municipal housing authority and\n"war demobilization emergency housing" shall be entitled to the\nexemption provided in the public housing law.  Real property owned by a\nlimited-profit housing company, a limited dividend housing company or a\nhousing development fund company shall be entitled to the exemption\nprovided in the private housing finance law, except as otherwise\nprovided in section four hundred twenty-two of this chapter.  Real\nproperty owned by a limited-profit nursing home company shall be\nentitled to the exemption provided in the public health law.\n
N.Y. PEN Law § 490.55 — New York Code / Act PEN / Part 4 / Title Y-1 / Article 490 / Section 490.55
Criminal use of a chemical weapon or biological weapon in the first degree
Status: in_force

§ 490.55 Criminal use of a chemical weapon or biological weapon in the\n           first degree.\n  A person is guilty of criminal use of a chemical weapon or biological\nweapon in the first degree when:\n  1. with intent to:\n  (a) cause serious physical injury to, or the death of, another person;\nand\n  (b) (i) intimidate or coerce a civilian population;\n  (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n  (iii) affect the conduct of a unit of government by murder,\nassassination, or kidnapping;\nhe or she uses, deploys, releases, or causes to be used, deployed, or\nreleased any select chemical agent and thereby causes serious physical\ninjury to, or the death of, another person who is not a participant in\nthe crime.\n  2. with intent to cause serious physical injury to, or the death of,\nmore than two persons, he or she uses, deploys, releases, or causes to\nbe used, deployed, or released any select chemical agent and thereby\ncauses serious physical injury to, or the death of, more than two\npersons who are not participants in the crime; or\n  3. with intent to cause serious physical injury to, or the death of,\nanother person, he or she uses, deploys, releases, or causes to be used,\ndeployed, or released any select biological agent and thereby causes\nserious physical injury to, or the death of, another person who is not a\nparticipant in the crime.\n  Criminal use of a chemical weapon or biological weapon in the first\ndegree is a class A-I felony.\n
N.Y. EDN Law § 408-B — New York Code / Act EDN / Title 1 / Article 9 / Section 408-B
Submitting plans and specifications of school buildings with local fire and law enforcement officials
Status: in_force

§ 408-b. Submitting plans and specifications of school buildings with\nlocal fire and law enforcement officials. The appropriate authorities\nfor each public and private school building in the state shall submit\nthe most current plans and specifications for each school building under\ntheir responsibility to the fire and law enforcement officials in the\ncity, towns or village where the school building is located. The\ncommissioner may adopt such rules and regulations as are necessary and\nappropriate to implement the provisions of this section to facilitate\nits purpose of providing quick and easy access to and passage through\nschool buildings should it be necessary for fire or law enforcement\nreasons. Such regulations shall authorize submittal of simplified plans\nshowing access and passage ways for older schools where original plans\nor blueprints may not exist or where the school authorities can justify\na claim of hardship in meeting the requirements of this section.\n
N.Y. EDN Law § 817 — New York Code / Act EDN / Title 1 / Article 17 / Section 817
Expanding access to advanced courses to improve educational equity
Status: in_force

* § 817. Expanding access to advanced courses to improve educational\nequity. 1. Each school district and charter school shall annually\nprovide notification to parents and students of the benefits and the\nopportunities within the district or charter school of participating in\nadvanced courses.\n  2. Such notification shall include:\n  a. the benefits of participating in advanced courses;\n  b. a description of the advanced courses offered by the school\ndistrict or charter school in middle and high school and how to prepare\nfor and enroll in them;\n  c. a description of the advanced courses to be offered by the school\ndistrict or charter school in the following school year; and\n  d. a description of the academic and non-academic support the school\ndistrict or charter school provides to help students succeed in advanced\ncourses, as well as any financial assistance available to reduce or\neliminate any costs associated with participation in advanced courses,\nincluding but not limited to related fees, supplies, and assessments.\n  3. Notification shall be provided electronically or by mail and be\nposted on the website of the school district or charter school.\n  * NB There are 2 § 817's\n
N.Y. ELN Law § 14-122 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-122
Accounting to treasurer or candidate; vouchers
Status: in_force

§ 14-122. Accounting to treasurer or candidate; vouchers. 1.  Whoever,\nacting as an officer, member or agent of a political committee, or as an\nagent of a candidate for election to public office, or for nomination\nfor public office at a primary election or convention, or for election\nto party position at a primary election, receives any receipt,\ncontribution or transfer, or makes any expenditure or incurs any\nliability, shall, within three days after demand and in any event within\nfourteen days after any such receipt, transfer, contribution,\nexpenditure, or liability, give to the treasurer of such committee, or\nto such candidate if an agent authorized by him a detailed account of\nthe same, with all vouchers required by this article, which shall be a\npart of the accounts and files of such treasurer or such candidate.\n  2. Every payment required to be accounted for, unless the total\nexpense payable to any one person be not in excess of ten dollars; shall\nbe vouched for by a receipted bill stating the particulars of expense.\n
N.Y. RSS Law § 293 — New York Code / Act RSS / Article 8 / Title 1 / Section 293
Transfer of assets and liabilities
Status: in_force

§ 293. Transfer of assets and liabilities. a. As used in this section,\n"assets of the employees' retirement system" means the assets of such\nsystem as shown on page four of the annual report as of March\nthirty-first, nineteen hundred sixty-seven, prepared for the New York\nstate department of financial services; "liabilities of the employees'\nretirement system" means the liabilities of such system as shown on page\nfive of the annual report as of March thirty-first, nineteen hundred\nsixty-seven, prepared for the New York state department of financial\nservices.\n  b. After the annual valuation of the assets and liabilities of the\nfunds of the employees' retirement system required by subdivision d of\nsection eleven of this chapter and on the basis of the actuarial\ninformation available to him or her on March thirty-first, nineteen\nhundred sixty-seven, the comptroller shall determine the total amount of\nthe assets and liabilities of the employees' retirement system and the\npercentage of such assets and the amount of such liabilities\nattributable to police officers and firefighters and all other persons\ntransferred. After such determination, and subject to the approval of\nthe superintendent of financial services, the comptroller shall transfer\nsuch percentage of the total assets and the amount of such liabilities\nof the employees' retirement system to the retirement system established\nby this article. Each category of such assets, including but not limited\nto such categories as government bonds, corporate bonds, common stocks,\nmortgages insured under the National Housing Act, conventional\nmortgages, etc. so transferred, shall constitute as nearly as possible\nthe percentage of the total assets of the employees' retirement system\nwhich are attributable to police officers and firefighters and other\npersons transferred determined from the actuarial valuation as of March\nthirty-first, nineteen hundred sixty-seven. The assets so transferred\nshall include a proportionate share of contributions from participating\nemployers to be received by the employees' retirement system after April\nfirst, nineteen hundred sixty-seven, based on valuations prior to that\ndate. The comptroller is hereby authorized and directed to invoice for\nand to collect such contributions for the employees' retirement system\nin the same manner and to the same extent as if the members transferred\nto the system established by this article had continued as members of\nthe employees' retirement system.\n
N.Y. ELN Law § 7-128 — New York Code / Act ELN / Article 7 / Title 1 / Section 7-128
Ballots; inspection of
Status: in_force

§ 7-128. Ballots; inspection of. 1. Each officer or board charged with\nthe duty of providing official ballots for an election shall have sample\nballots open to public inspection fifty days, except in the case of\nextraordinary circumstances in which case on the earliest day\npracticable, before the election for which the ballots have been\nprepared and the official ballots open to such inspection fifty days,\nexcept in the case of extraordinary circumstances in which case on the\nearliest day practicable, before such election except that the sample\nand official ballots for a village election held at a different time\nfrom a general election shall be open to public inspection at least two\ndays before such election. During the times within which the ballots are\nopen for inspection, such officer or board shall deliver to each voter\napplying therefor a sample of the ballot which he or she is entitled to\nvote.\n  2. a. Each officer or board charged with the duty of preparing ballots\nto be used in any election shall give written notice, by first class\nmail, to all candidates, except candidates for member of the county\ncommittee, who are lawfully entitled to have their names appear thereon,\nof the time when, and the place where, they may inspect the ballots to\nbe used for such election. The candidates or their designated\nrepresentatives may appear at the time and place specified in such\nnotice to inspect such ballots, provided, however, that the time so\nspecified shall be no later than forty-six days before the election at\nwhich the ballots will be used.\n  b. A candidate, whose name appears on the ballot or his or her\ndesignated representative, may, in the presence of the election officer\nattending the ballot, inspect the ballot to see that his or her ballot\nposition is in its proper place or places.\n  3. Each officer or board charged with the duty of preparing ballots to\nbe used with voting machines or systems in any election shall give\nwritten notice, by first class mail, to all candidates, except\ncandidates for member of the county committee, who are lawfully entitled\nto have their names appear thereon, of the time when, and the place\nwhere, they may inspect the voting machines or systems to be used for\nsuch election. The candidates or their designated representatives may\nappear at the time and place specified in such notice to view the\nconduct of the logic and accuracy testing required to be performed on\nsuch voting machines or systems, provided however, that the time so\nspecified shall be not less than twenty days prior to the date of the\nelection.\n
N.Y. PBA Law § 3308 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3308
Bonds or notes of the corporation
Status: in_force

§ 3308. Bonds or notes of the corporation. 1. The corporation shall\nhave the power and is hereby authorized from time to time to issue\nbonds, notes or other obligations to pay the cost of any project or for\nany other corporate purpose, including the establishment of reserves to\nsecure the bonds, the payment of principal of, premium, if any, and\ninterest on the bonds and the payment of incidental expenses in\nconnection therewith.  The corporation shall have the power and is\nhereby authorized to enter into such agreements and perform such acts as\nmay be required under any applicable federal legislation to secure a\nfederal guarantee or other subsidy with respect to any bonds.\n  2. The corporation shall have the power from time to time to renew\nbonds or to issue renewal bonds for such purpose, to issue bonds to pay\nbonds, and, whenever it deems refunding expedient, to refund any bond by\nthe issuance of new bonds, whether the bonds to be refunded have or have\nnot matured, and may issue bonds, partly to refund bonds then\noutstanding and partly for any other corporate purpose of the\ncorporation.  Bonds issued for refunding purposes shall be sold and the\nproceeds applied to the purchase, redemption or payment of the bonds or\nnotes to be refunded.\n  3. Bonds issued by the corporation may be general obligations secured\nby the faith and credit of the corporation or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the corporation under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies.  The corporation may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the corporation is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the corporation, be\nin such denominations and bear such date or dates and mature at such\ntime or times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe corporation issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSunday excepted, after a notice of such sale has been published at least\nonce in a newspaper of general circulation in the area served by the\ncorporation, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the corporation, in its discretion, may reject any or\nall bids made pursuant to such advertisements, and in the event of such\nrejection, the corporation is authorized to negotiate a private or\npublic sale or readvertise for bids in the form and manner above\ndescribed as many times as, in its judgment, may be necessary to effect\nsatisfactory sale.\n  (c) Notwithstanding the provisions of the preceding paragraph,\nwhenever in the judgment of the corporation the interests of the\ncorporation will be served thereby, the directors of the corporation, on\nthe written recommendation of the chairperson may authorize the sale of\nsuch bonds at private or public sale on a negotiated basis or on either\na competitive or negotiated basis. The corporation shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the corporation shall\ninclude, but not be limited to, a requirement that where the interests\nof the corporation will be served by a private or public sale of bonds,\nthe corporation shall select underwriters for each private or public\nbond sale conducted pursuant to a request for proposal process\nundertaken from time to time and consideration of proposals from\nqualified underwriters as determined by the corporation.\n  (d) The corporation shall have the power from time to time to amend\nsuch private bond sale guidelines in accordance with the provisions of\nthis subdivision.\n  (e) In addition to the authority to sell notes at private sale\ncontained hereinabove, the corporation may sell its notes at private\nnegotiated sale to the county, which is hereby authorized to temporarily\ninvest county funds in such notes, provided that such notes mature at or\nbefore the time the county expects to expend such funds for the purposes\nfor which such funds were raised.\n  (f) No private or public bond sale on a negotiated basis shall be\nconducted by the corporation without prior approval of the state\ncomptroller. The corporation shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the corporation is\nrequired to make.\n  (g) The corporation shall annually submit its bond sale report to the\nstate comptroller and copies thereof to the senate finance committee and\nthe assembly ways and means committee.\n  (h) The corporation shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (i) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the corporation may contain provisions which may be a part of\nthe contract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of the revenues, together with any other\nmonies or property of the corporation to secure the payment of the\nbonds, or any costs of issuance thereof, including but not limited to,\nany contracts, earnings or proceeds of any grant to the corporation\nreceived from any private or public source subject to such agreements\nwith bondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the corporation and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the corporation to restrict and\nregulate the use of the project or part thereof in connection with which\nbonds are issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the corporation may determine which may include\nany or all of the rights, powers and duties of the trustees appointed by\nthe bondholders pursuant to this title or limiting the rights, duties\nand powers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the corporation to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right appointment\nof a receiver, provided, however, that such rights and remedies shall\nnot be inconsistent with the general laws of the state and other\nprovisions of this title;\n  (l) limitations on the power of the corporation to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (m) limitations on the amount of revenues and other monies to be\nexpended or operating, administrative or other expenses of the\ncorporation;\n  (n) the payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the corporation may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  6. In addition to the powers herein conferred upon the corporation to\nsecure its bonds, the corporation shall have the power in connection\nwith the issuance of bonds to adopt resolutions and enter into such\ntrust indentures, agreements or other instruments as the corporation may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other monies or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, monies or property and\nthe doing of any act, including refraining from doing any act which the\ncorporation would have the right to do in the absence of such\nresolutions, trust indentures, agreements or other instruments. The\ncorporation shall have power to enter into amendments of any such\nresolutions, trust indentures, agreements or other instruments within\nthe powers granted to the corporation by this title and to perform such\nresolutions, trust indentures, agreements or other instruments. The\nprovisions of any such resolutions, trust indentures, agreements or\nother instruments may be made a part of the contract with the holders of\nbonds of the corporation.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles or other personal\nproperty made or created by the corporation shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the corporation\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the corporation are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the directors nor the non-voting representatives nor the\nofficers of the corporation nor any person executing its bonds shall be\nliable personally on its bonds or be subject to any personal liability\nor accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\ncorporation shall have power out of any funds available therefor to\npurchase bonds of the corporation, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  11. The corporation shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note.\n
N.Y. PBH Law § 210 — New York Code / Act PBH / Article 2 / Title 1 / Section 210
Officers and employees; appointment
Status: in_force

§ 210. Officers and employees; appointment.  The commissioner shall\nappoint such assistant commissioners, officers and other assistants as\nare necessary for the proper performance of the powers and duties of the\ndepartment.\n
N.Y. RPT Law § 729 — New York Code / Act RPT / Article 7 / Title 1-A / Section 729
Definitions
Status: in_force

§ 729. Definitions. When used in this title:\n  1. "Assessed valuation" or "assessed value" means the determination\nmade by assessors or the board of assessment review of the valuation of\nreal property, including the valuation of exempt real property.\n  2. "Excessive assessment" or an assessment which is excessive shall\nmean and include:\n  (a) an entry on an assessment roll of the assessed valuation of real\nproperty which exceeds the full value of such real property; or\n  (b) an entry on an assessment roll of the taxable assessed valuation\nof real property which is excessive because the real property failed to\nreceive all or a portion of a partial exemption to which the real\nproperty or owner thereof is entitled pursuant to the law authorizing\nthe partial exemption.\n  3. "Taxable assessed valuation" or "taxable assessed value" means the\nassessed valuation of real property less partial exemptions.\n  3-a. "Tax district" means a county, city, town, village, school\ndistrict or special district by or on behalf of which a tax or special\nad valorem levy is imposed.\n  4. "Unequal assessment" or an assessment which is unequal shall mean\nand include:\n  (a) an entry on an assessment roll of the assessed valuation of real\nproperty improved by a one, two or three family residential structure\nwhich is made at a higher proportion of full value than assessed\nvaluation of other residential real property on the same roll; or\n  (b) an entry on an assessment roll of the assessed valuation of real\nproperty which is made at a higher proportion of full value than the\nassessed valuation of all real property on the same roll.\n
N.Y. EDN Law § 112-A — New York Code / Act EDN / Title 1 / Article 3 / Part 1 / Section 112-A
Students confined in certain facilities; responsibility for issuance of diplomas
Status: in_force

§ 112-a. Students confined in certain facilities; responsibility for\nissuance of diplomas. 1. A person under twenty-one years of age who has\nnot received a high school diploma and who is placed with, committed to,\nunder the supervision of, detained or otherwise confined in any facility\noperated or administered by a state department or agency or political\nsubdivision of the state which provides educational programs pursuant to\nsection one hundred twelve of this article, or who is confined in a\ncorrectional facility, as defined in subdivision four of section two of\nthe correction law, and who participates in an educational program\nprovided by such facility, shall be issued a high school diploma by the\nschool district of location except when credit bearing educational\nprogramming is provided by another school district. When credit bearing\neducational programming is provided by another school district, that\ndistrict shall be responsible for issuing the high school diploma. The\nschool district responsible for issuing the diploma must determine if\nsuch person has completed the minimum New York state diploma\nrequirements as set forth in the regulations of the commissioner while\nplaced with, committed to, under the supervision of, detained or\nconfined in such facility.\n  2. For purposes of this section the term "school district of location"\nmeans the school district in which the facility where such youth is\nplaced, committed, supervised, detained or confined is located.\n
N.Y. RPT Law § 514 — New York Code / Act RPT / Article 5 / Title 1 / Section 514
Verification of final assessment roll
Status: in_force

§ 514. Verification of final assessment roll. When the tentative\nassessment roll has been changed after the hearing and determination of\nall complaints as provided in title one-A of this article, the assessor,\nor if the final assessment roll was prepared by a board of assessors,\nthe board, or a majority of them, shall severally appear before any\nofficer of the county authorized by law to administer oaths and shall\nseverally make and subscribe before such officer an oath in the\nfollowing form: "I (We), the undersigned, do (severally) depose and\nswear that, to the best of my (our) knowledge and belief, the foregoing\nfinal assessment roll conforms in all respects to the tentative\nassessment roll with the exception of changes made by the board of\nassessment review and assessments made by the commissioner," which oath\nshall be set forth on such final assessment roll and signed and verified\nby the assessor or assessors.\n
N.Y. PBH Law § 2950 — New York Code / Act PBH / Article 29-A / Title 1 / Section 2950
Legislative findings
Status: in_force

§  2950. Legislative findings. The legislature finds and determines as\nfollows:\n  1.  The  health  care  delivery   system   is   undergoing   a   major\ntransformation  in response to changing demographics and consumer needs,\nchanges in reimbursement policies, the emergence  of  alternate  service\nproviders, and public pressure to control health care costs.\n  2. Such changes have a particularly severe impact on rural health care\ndelivery,  which  consists  of  small, frequently isolated providers who\nhave limited financial resources and health support networks. Many  such\nproviders  are  experiencing  financial  stress  or  certain barriers to\nchange which could  seriously  reduce  access  to  quality  health  care\nservices by individuals in rural environs.\n  3.  This  development  calls  for  greater  sharing of information and\nresources among rural health care providers.  The  promotion  of  proper\nplanning  and  cooperative  efforts  among  such providers would improve\nindividual  access  to  health  care  in   rural   areas   and   enhance\ncost-effectiveness  in the delivery of such services as tertiary, acute,\nprimary, home health and skilled nursing care; and illness prevention.\n  4. It is, therefore, the intent of the legislature to encourage\ncontinued access to high quality health care in rural areas as well as\nthe development of rural health network agreements among providers of\nhealth care servicing rural areas which result in the merger or\nintegration and coordination of health care services pursuant to such\nnetwork agreements; and to provide the necessary funding for such\nnetworks.\n  5. It is further the intent of the legislature that as needed,\nregulatory waivers may be granted to participating providers as required\nto successfully implement networks within the limits of prudent\nprovision for the health, safety, and general welfare of the people\nreceiving health care.  In addition, the commissioner shall actively\nprovide for technical assistance in order to support the creation and\noperation of rural health networks.\n     6. It is further the intent of the legislature that, in order to\npromote access to health care services, to increase the required linkage\nof health care service providers, and promote the quality and continuity\nof care provided to residents in rural areas, it shall be the policy of\nthis state to encourage cooperative, collaborative and integrative\narrangements between rural networks and health care providers who might\notherwise be competitors, under the active supervision of the\ncommissioner. To the extent such arrangements might be anti-competitive\nwithin the meaning and intent of the federal antitrust laws, it is\nfurther the intent of the legislature to supplant competition with such\narrangements to the extent necessary to accomplish the purposes of this\narticle, and provide state action immunity under the federal antitrust\nlaws with respect to the planning, implementation and operation of rural\nhealth networks and central services facility rural health networks and\nhealth care providers participating in or members of such networks.\n
N.Y. EDN Law § 2 — New York Code / Act EDN / Title 1 / Article 1 / Section 2
Definitions
Status: in_force

§ 2. Definitions. Wherever used in this chapter, the following terms\nshall have the respective meanings hereinafter set forth or indicated:\n  1. Academy. The term "academy" means an incorporated institution for\ninstruction in secondary education, and such high schools, academic\ndepartments in union free school districts and similar unincorporated\nschools as are admitted by the regents to the university as of academic\ngrade.\n  2. College. The term "college" includes universities and other\ninstitutions for higher education authorized to confer degrees.\n  3. University. The term "university" means The University of the State\nof New York.\n  4. Regents. The term "regents" means board of regents of The\nUniversity of the State of New York.\n  5. Commissioner. The term "commissioner" means commissioner of\neducation of the state of New York.\n  6. Department. The term "department" means education department of the\nstate of New York.\n  7. Secondary education. The term "secondary education" means\ninstruction of academic grade, between the elementary grades and the\ncollege or university.\n  8. Higher education. The term "higher education" means education in\nadvance of secondary education, and includes the work of colleges,\nuniversities, professional and technical schools, and educational work\nconnected with libraries, museums, university and educational extension\ncourses and similar agencies.\n  9. Trustee. The term "trustees," when not used in reference to a\nschool district, includes directors, managers or other similar members\nof the governing board of an educational institution. The terms\n"trustee" and "trustees", respectively, when used in reference to a\nschool district, shall include the plural or singular meaning, as the\ncase may be, unless otherwise specified.\n  10. Parental relation. The term "persons in parental relation" to a\nchild includes the parents, guardians or other persons, whether one or\nmore, lawfully having the care, custody or control of such child,\nincluding persons who have been designated pursuant to title fifteen-A\nof article five of the general obligations law as persons in parental\nrelation to the child.\n  11. Compulsory school ages. The term "child of compulsory school age"\nmeans any child between six and sixteen years of age lawfully required\nto attend upon instruction.\n  12. School authorities. The term "school authorities" means the\ntrustees, or board of education, or corresponding officers, whether one\nor more, and by whatever name known, of a city school district, or other\nschool district however created.\n  13. School officer. The term "school officer" means a clerk,\ncollector, or treasurer of any school district; a trustee; a member of a\nboard of education or other body in control of the schools by whatever\nname known in a union free school district, central school district,\ncentral high school district, or in a city school district; a\nsuperintendent of schools; a district superintendent; a supervisor of\nattendance or attendance officer; or other elective or appointive\nofficer in a school district whose duties generally relate to the\nadministration of affairs connected with the public school system.\n  14. Board of education. The term "board of education" shall include by\nwhatever name known the governing body charged with the general control,\nmanagement and responsibility of the schools of a union free school\ndistrict, central school district, central high school district, or of a\ncity school district.\n  15. School year. The term "school year" means the period commencing on\nthe first day of July in each year and ending on the thirtieth day of\nJune next following.\n  16. City school district. a. The following school districts are hereby\ndesignated and declared to be city school districts: (1) Any school\ndistrict coterminous with a city on January first, nineteen hundred\nfifty; (2) any school district part of which was without and part of\nwhich was within a city on January first, nineteen hundred fifty, and\nwhich then contained the whole or the greater portion of the children of\nthe city between birth and eighteen years of age, as shown by the school\ncensus; and (3) any school district wholly within, but not coterminous\nwith, a city on January first, nineteen hundred fifty, and which then\ncontained the greater portion of the children of the city between birth\nand eighteen years of age, as shown by the school census.\n  b. Whenever a city shall be created after January first, nineteen\nhundred fifty, that school district shall be and become a city school\ndistrict which, on the effective date of the incorporation of such city,\nis: (1) coterminous with the city; (2) partly without and partly within\nthe city and then contains the whole or the greater portion of the\nchildren of the city between birth and eighteen years of age, as shown\nby the school census; or (3) wholly within but not coterminous with the\ncity and then contains the greater portion of the children of the city\nbetween birth and eighteen years of age, as shown by the school census.\n  c. The corporate existence of any school district, which, by virtue of\nthe provisions of this subdivision, shall be and become a city school\ndistrict, shall continue, and any such school district thereafter shall\nbe governed by the provisions of this chapter applicable to city school\ndistricts.\n  * 17. State university. The term "state university" means the state\nuniversity of New York, as created by article eight of this chapter.\n  * NB There are 2 sub 17's\n  * 17. City. The term "city" means the city school district of such\ncity where the context clearly so indicates.\n  * NB There are 2 sub 17's\n  18. Minor or infant. The term "minor" or "infant" means a person who\nhas not attained the age of eighteen years.\n  19. Expenditures. For purposes of computing aid to public school\ndistricts, boards of cooperative educational services, nonpublic\nelementary and secondary schools, public and cooperative library systems\nor public and free association libraries pursuant to this chapter or any\nother law, such aid shall be computed using state aid worksheets\ndeveloped pursuant to regulations of the commissioner, designed to\nreflect use of the state comptroller's definition of expenditures to the\nextent possible. Such worksheet definitions of expenditures shall be\nused notwithstanding the fact that this chapter or other applicable law\nmay use terms such as cash expenditures, expenses, costs, paid,\npayments, or other such terms.\n  24. Career education. The term "career education" means organized\neducational programs offering a sequence of courses which are directly\nrelated to the preparation of individuals in paid or unpaid employment\nin current or emerging occupations requiring other than a baccalaureate\nor advanced degrees, and shall include vocational and occupational\neducation. Such programs shall include competency-based applied learning\nwhich contributes to an individual's academic knowledge, higher-order\nreasoning, and problem solving skills, work activities, general\nemployability skills, and the skills necessary for economic independence\nas a productive and contributing member of society. Such term also\nincludes applied technology education. Except where the intent indicates\notherwise, the terms "vocational education" and "occupational education"\nshall mean "career education."\n
N.Y. EDN Law § 920 — New York Code / Act EDN / Title 1 / Article 19 / Section 920
Public schools; infestation of bedbugs (Cimex lectularius)
Status: in_force

§ 920. Public schools; infestation of bedbugs (Cimex lectularius). 1.\nIn a city school district having a population of one million or more\ninhabitants, the principal of each public school shall provide immediate\nnotification to parents, persons in parental relation or guardians of\npotentially affected students attending the school, disclosing a finding\nrelating to the infestation of bedbugs (Cimex lectularius) in such\nschool; provided, however, that if pursuant to regulations of the\ncommissioner it is determined that any infestation is contained within a\ndiscrete area, the principal may limit such notification to parents,\npersons in parental relationship or guardians of all potentially\naffected students within such area, and shall advise the parents'\nassociation of the scope of such notification.\n  2. Along with the notification required pursuant to subdivision one of\nthis section, the principal of such public school shall also include\ninformation regarding proper procedures to prevent further infestations\nat the school and to prevent the transfer of bedbugs from the school to\nthe residences of students. Such information shall be developed by the\nboard of education in consultation with other city agencies and shall be\navailable in various languages as deemed necessary.\n  3. The principal shall ensure that the bedbug infestation at the\nschool is properly addressed in the most effective and safe manner.\n
N.Y. ELD Law § 203 — New York Code / Act ELD / Article 2 / Title 1 / Section 203
Programs for the aging
Status: in_force

§ 203. Programs for the aging. 1. The office shall submit to the\nfederal department of health and human services a state plan for\npurposes of the federal Older Americans Act of 1965 and subsequent\namendments thereto.  The office shall be the single state agency for\nsupervising the administration of such plan and shall be primarily\nresponsible for coordination of state programs for the aging for\npurposes of such federal act. The office shall act for the state in any\nnegotiations relative to the submission and approval of such plan and\nmay make such arrangements, not inconsistent with law, as may be\nrequired by or pursuant to federal law to obtain and retain such\napproval and to secure for the state the benefits of the provisions of\nsuch federal act. For the purposes of administering such state plan\napproved by the federal department of health and human services, when\ntargeting program services and supports based on "greatest social need",\nthe office shall consider the need caused by non-economic factors which\nshall include, but not be limited to: physical or mental disability;\nAlzheimer's disease or other forms of dementia; language barriers\nincluding limited English proficiency and low literacy; and cultural,\nsocial, or geographic isolation caused by, among other things, racial\nand ethnic status, sexual orientation, gender identity or expression,\nrural residence, homebound status, caregiver status, risk of\ninstitutionalization, or HIV status when such isolation restricts the\nability of an individual to perform normal daily tasks or threatens the\nability of the individual to live independently.\n  2. In addition to the powers and duties contained in section two\nhundred two of this title, the office is hereby authorized, to the\nextent appropriations are available therefor, to establish, operate and\nmaintain, or to contract with counties, cities, towns, villages, school\ndistricts or public or private nonprofit corporations, associations,\ninstitutions, or agencies concerned with the aging, for the operation\nand maintenance of programs for the aging. Pursuant to the rules and\nregulations of the office, such programs may include, but need not be\nlimited to, the following:\n  (a) coordination and community planning;\n  (b) information services;\n  (c) counselling services;\n  (d) home care and protection services;\n  (e) operation of multi-service centers; and\n  (f) retired senior volunteer programs.\n  3. The director, with the advice of the advisory committee for the\naging, shall make appropriate rules and regulations governing the\nsubmission and approval of applications for the operation of programs\nfor the aging pursuant to subdivision two of this section. If an\napplication is disapproved, the applicant, upon request, shall be\nafforded a hearing before the director or his or her designee.\n  4. (a) As required by the office, each county, city, town, village,\nschool district or public or private nonprofit corporation, association,\ninstitution or agency operating a program for the aging pursuant to\nsubdivision two of this section shall submit to the office (1) a\nquarterly estimate of anticipated expenditures for operation and\nmaintenance of such program, including rental of buildings, purchase of\nequipment, administrative expenses, miscellaneous personal expenses of\nolder persons incurred in the provision of volunteer services, and\napproved expenditures for minor alterations or repairs, not less than\nthirty days before the first day of the months of April, July, October\nand January, and (2) a verified accounting of the financial operations\nof such program during the preceding calendar quarter, together with a\nclaim for reimbursement as provided in this title, on or before the\nthirtieth day of April, July, October and January. The director may\npermit the submission of such accountings with respect to periods\nexceeding three months, but not exceeding one year.\n  (b) After receipt of a satisfactory quarterly estimate and verified\naccounting pursuant to paragraph (a) of this subdivision, the director\nshall certify to the comptroller, for payment by the state to each such\ncounty, city, town, village, school district or public or private\nnonprofit corporation, association, institution or agency, the\nexpenditures thereof, approved by the office, as follows:\n  (i) the amount of federal funds, if any, properly received for such\nexpenditures; and\n  (ii) up to fifty percentum of such expenditures, after first deducting\ntherefrom any federal funds properly received with respect to such\nexpenditures.\n  5. Notwithstanding the provisions of subdivision four of this section,\nbut subject to and in the manner specified in this subdivision, the\noffice, in its discretion, may entertain and approve applications for\ninterim payments.\n  (a) Such an application may be approved by the office, upon being\nsatisfied that the requirement for filing a verified accounting of the\nfinancial operation of a program during the preceding calendar quarter\nbefore a claim for reimbursement based on the expenditures for such\nquarter may be made, is likely to cause a financial hardship to the\napplicant.\n  (b) Such an application may be made at the time of filing the\nquarterly estimate of anticipated expenditures as specified in\nsubdivision four of this section or at such other time as the office\nshall specify.\n  (c) After receipt of a satisfactory quarterly estimate, the office may\ndirect the director to certify to the comptroller for payment an interim\npayment in such amount as the office shall specify.\n  (d) The amount of the interim payment which the office may authorize\nshall not exceed an amount equal to one-third of the amount which the\napplicant may reasonably be entitled to receive in accordance with the\nprovisions of subdivision four of this section, for the three month\nperiod for which a satisfactory quarterly statement has been filed,\nbased on such satisfactory quarterly estimate. The amount of an interim\npayment received by the applicant shall be subtracted from the amount\npayable to the applicant for such three-month period.\n  6. The director is hereby authorized, within amounts appropriated\ntherefor, to make grants-in-aid to existing foster grandparent grantee\nagencies for the engagement of foster grandparents in qualified\nresidential group homes for neglected and disadvantaged children, in\nprivate homes, day care centers, special education classes in public\nschools, or other public or private nonprofit institutions or agencies\nproviding care for neglected and disadvantaged children who lack close\npersonal relationships. Up to twenty percent of such grants-in-aid may\nbe expended for the administrative purposes of such grantee agencies,\nwith the approval of the office. Such grants shall be for a period of\ntwelve months or less, shall not be used to match other state funds,\nshall not be used as a substitute for federal allocations, and shall be\nmade in a manner which does not conflict with federal law, rule or\nregulation pursuant to title II of the United States domestic volunteer\nservices act of nineteen hundred seventy-three, as amended. Grants may\nbe used to match federal funds but must be used for expansion of\nexisting federal programs, not as a substitute for presently required\nnon-federal shares. Each grantee shall file reports at such time and\ncontaining such information as the office shall require. For the purpose\nof administering such grants-in-aid the office may make such agreements\nwith other public agencies as are deemed necessary.\n  7. The director is hereby authorized, within amounts appropriated\ntherefor, to make grants-in-aid to retired and senior volunteer programs\nfor the engagement of individuals fifty-five years of age or over to\nserve as volunteers for the betterment of their community and\nthemselves. Such volunteer activities may include but shall not be\nlimited to assisting with the preparation of meals at nutrition sites;\nleading activities at child care centers; delivering meals to homebound\nelderly; providing telephone reassurance and/or friendly visits to the\nfrail elderly; tutoring adults or children; assisting with services for\nthe homeless and assisting school districts which request volunteers for\nthe purpose of notifying a person in parental relation to any elementary\nschool pupil when such pupil is deemed absent from required attendance\nat his or her designated school. The services of these volunteers will\nbe performed in the community where such individuals reside or in nearby\ncommunities. Up to ten percent of such grants-in-aid may be expended for\nthe administrative purposes of such programs, with the approval of the\noffice. Such grants shall be for a period of twelve months or less,\nshall not be used to match other state funds, shall not be used as a\nsubstitute for federal allocations, and shall be made in a manner which\ndoes not conflict with federal law, rule or regulation pursuant to title\nII of the United States domestic volunteer services act of nineteen\nhundred seventy-three, as amended. Grants may be used to match federal\nfunds, but not as a substitute for presently required non-federal\nshares. Each grantee shall file reports at such time and containing such\ninformation as the office shall require. For the purpose of\nadministering such grants-in-aid the office may make such agreements\nwith other public agencies as are deemed necessary.\n  8. The director, in consultation with the commissioner of health,\nshall establish a program to be known as the NY Connects: Choices for\nLong Term Care. The purpose of this initiative is to provide consistent,\ncomprehensive, locally-based information and assistance on long term\ncare services to consumers, caregivers and families to help them make\neducated choices. This program shall provide individuals, caregivers,\nand families with objective information and assistance about home,\ncommunity-based and institutional long term care services. NY Connects\nwill be available on a voluntary basis to consumers, caregivers and\ntheir families. There shall be an on-going education and outreach\ncampaign to educate the public about long term care services available\nin their community and to assist consumers in preparing for their long\nterm care needs.\n  9. The director of the office for the aging is hereby authorized, to\nthe extent appropriations are available therefor, to establish, operate\nand maintain, under the control of the office for the aging or in\nconjunction with an association, institution, agency, or other public or\nprivate entity, or community program engaged in the care of animals, one\nor more senior pet companionship programs. The purpose and intent of a\nsenior pet companionship program shall be to match seniors who have\nlimited social contact with pets, including cats and dogs and other\nsmall animals, to improve the lives of such seniors by enhancing their\nemotional and mental well-being through such companionship.\n  10. The director is hereby authorized, to the extent appropriations\nare available therefor, to establish grants to a not-for-profit\norganization, through a request for proposal process, to provide\ntraining, outreach and education to agencies, individuals and other\nappropriate entities who provide services to the lesbian, gay, bisexual,\nand transgender senior populations.\n  11. (a) The director shall develop a list of programs and services\noffered by local area agencies on aging along with contact information\nfor the local area agencies on aging and NYConnects organized by county.\n  (b) The information developed pursuant to paragraph (a) of this\nsubdivision shall be made available on the office's website and provided\nto hospital discharge coordinators located in the state.\n  12. (a) The director is hereby authorized to implement private pay\nprotocols for programs and services administered by the office. These\nprotocols may be implemented by area agencies on aging at their option\nand such protocols shall not be applied to services for a participant\nwhen being paid for with federal funds or funds designated as federal\nmatch, or for individuals with an income below two hundred and fifty\npercent of the federal poverty level. All private payments received\ndirectly by an area agency on aging or indirectly by one of its\ncontractors shall be used to supplement, not supplant, funds by state,\nfederal, or county appropriations. Such private pay payments shall be\nset at a cost to the participant of not more than twenty percent above\neither the unit cost to the area agency on aging to provide the program\nor service directly, or the amount that the area agency on aging pays to\nits contractor to provide the program or service. Private pay payments\nreceived under this subdivision shall be used by the area agency on\naging to first reduce any unmet need for programs and services, and then\nto support and enhance services or programs provided by the area agency\non aging. No participant, regardless of income, shall be required to pay\nfor any program or service that they are receiving at the time these\nprotocols are implemented by the area agency on aging. This subdivision\nshall not prevent cost sharing for the programs and services established\npursuant to section two hundred fourteen of this title. Consistent with\nfederal and state statute and regulations, when providing programs and\nservices, area agencies on aging and their contractors shall continue to\ngive priority for programs and services to individuals with the greatest\neconomic or social needs. In the event that the capacity to provide\nprograms and services is limited, such programs and services shall be\nprovided to individuals with incomes below two hundred and fifty percent\nof the federal poverty level before such programs and services are\nprovided to those participating in the private pay protocol pursuant to\nthis subdivision.\n  (b) Area agencies on aging participating in the private pay protocol\nshall annually report to the office the unmet need, if any, for all\nprograms and services offered, the number of participants that privately\npaid for each program or service for that year, the rates participants\nwere charged for each program or service provided, and how unmet need\nfor programs or services offered by the area agency on aging were\naffected by revenue from the private pay protocol. Such annual report\nshall also be shared with the Temporary President of the Senate and the\nSpeaker of the Assembly no later than July first, two thousand\ntwenty-one and shall be updated and reissued on an annual basis\nthereafter.\n
N.Y. SOS Law § 390-O — New York Code / Act SOS / Article 6 / Title 1 / Section 390-O
Prohibit the use of infant walkers in child care facilities
Status: in_force

§ 390-o. Prohibit the use of infant walkers in child care facilities.\n1. For the purposes of this section:\n  (a) "Infant walker" shall mean a mobile unit that enables a child to\nmove on a horizontal surface when propelled by the child sitting or\nstanding within the walker.\n  (b) "Child care facility" shall mean any child day care provider as\ndefined in section three hundred ninety of this title or child care\nprogram as defined in article forty-seven of the New York city health\ncode as authorized by section five hundred fifty-eight of the New York\ncity charter.\n  2. (a) On or after the effective date of this section, no child care\nfacility shall use or have on the premises any infant walker.\n  (b) The office of children and family services, in consultation with\nthe city of New York department of health and mental hygiene, shall\nnotify child care facilities of the provisions of this subdivision in\nplain, non-technical language. Such notice shall be given to every child\ncare facility upon the effective date of this section or as soon as\npracticable thereafter, and such notice shall also be given to each\napplicant for license or registration pursuant to section three hundred\nninety of this title and each applicant for a permit pursuant to article\nforty-seven of the New York city health code.\n
N.Y. GMU Law § 859-A — New York Code / Act GMU / Article 18-A / Title 1 / Section 859-A
Additional prerequisites to the provisions of financial assistance
Status: in_force

§ 859-a. Additional prerequisites to the provisions of financial\nassistance. Prior to providing any financial assistance of more than one\nhundred thousand dollars to any project, the agency must comply with the\nfollowing prerequisites:\n  1. The agency must adopt a resolution describing the project and the\nfinancial assistance that the agency is contemplating with respect to\nsuch project. Such assistance shall be consistent with the uniform tax\nexemption policy adopted by the agency pursuant to subdivision four of\nsection eight hundred seventy-four of this chapter, unless the agency\nhas followed the procedures for deviation from such policy specified in\nparagraph (b) of such subdivision.\n  1-a. The agency shall deliver a copy of the resolution adopted\npursuant to subdivision one of this section by certified mail, return\nreceipt requested or an electronic correspondence with a read-receipt,\nto the chief executive officer of each affected local taxing\njurisdiction. When the affected local taxing jurisdiction is a school\ndistrict, the agency shall deliver a copy of such resolution by\ncertified mail, return receipt requested or an electronic correspondence\nwith a read-receipt, to the district clerk and district superintendent\nof each affected school district.\n  2. The agency must hold a public hearing with respect to the project\nand the proposed financial assistance being contemplated by the agency.\nSaid public hearing shall be held in a city, town or village where the\nproject proposes to locate. At said public hearing, interested parties\nshall be provided reasonable opportunity, both orally and in writing, to\npresent their views with respect to the project.\n  3. The agency must give at least ten days published notice of said\npublic hearing and shall, at the same time, provide notice of such\nhearing to the chief executive officer of each affected tax jurisdiction\nwithin which the project is located. The notice of hearing must state\nthe time and place of the hearing, contain a general, functional\ndescription of the project, describe the prospective location of the\nproject, identify the initial owner, operator or manager of the project\nand generally describe the financial assistance contemplated by the\nagency with respect to the project.\n  4. Each agency shall develop a standard application form, which shall\nbe used by the agency to accept requests for financial assistance from\nall individuals, firms, companies, developers or other entities or\norganizations. The standard application form shall be submitted by or on\nbehalf of the applicant, and subscribed and affirmed under the penalties\nof perjury by the applicant, or on behalf of the applicant by the chief\nexecutive officer or such other individual that is duly authorized to\nbind the applicant, as true, accurate and complete to the best of his or\nher knowledge. The standard application form shall include the\nfollowing, and may include such other supplemental information as\ndetermined to be necessary and appropriate by the agency, including\nsupporting documents and information provided by or on behalf of the\napplicant:\n  (a) the name and address of the project applicant;\n  (b) a description of the proposed project for which financial\nassistance is requested, including the type of project, proposed\nlocation and purpose of the project;\n  (c) the amount and type of financial assistance being requested,\nincluding the estimated value of each type of tax exemption sought to be\nclaimed by reason of agency involvement in the project;\n  (d) a statement that there is a likelihood that the project would not\nbe undertaken but for the financial assistance provided by the agency\nor, if the project could be undertaken without financial assistance\nprovided by the agency, a statement indicating why the project should be\nundertaken by the agency;\n  (e) an estimate of capital costs of the project, including all costs\nof real property and equipment acquisition and building construction or\nreconstruction, financed from private sector sources, an estimate of the\npercentage of project costs financed from public sector sources, and an\nestimate of both the amount to be invested by the applicant and the\namount to be borrowed to finance the project.\n  (f) the projected number of full time equivalent jobs that would be\nretained and that would be created if the request for financial\nassistance is granted, the projected timeframe for the creation of new\njobs, the estimated salary and fringe benefit averages or ranges for\ncategories of the jobs that would be retained or created if the request\nfor financial assistance is granted, and an estimate of the number of\nresidents of the economic development region as established pursuant to\nsection two hundred thirty of the economic development law or the labor\nmarket area as defined by the agency, in which the project is located\nthat would fill such jobs. The labor market area defined by the agency\nfor this purpose may include no more than six contiguous counties in the\nstate, including the county in which the project is to be located;\n  (g) a statement to the effect that the provisions of subdivision one\nof section eight hundred sixty-two of this chapter will not be violated\nif financial assistance is provided for the proposed project;\n  (h) a statement that the owner, occupant or operator receiving\nfinancial assistance is in substantial compliance with applicable local,\nstate and federal tax, worker protection and environmental laws, rules\nand regulations; and\n  (i) a statement acknowledging that the submission of any knowingly\nfalse or knowingly misleading information may lead to the immediate\ntermination of any financial assistance and the reimbursement of an\namount equal to all or part of any tax exemptions claimed by reason of\nagency involvement in the project.\n  5. Each agency shall develop, and adopt by resolution, uniform\ncriteria for the evaluation and selection for each category of projects\nfor which financial assistance will be provided. At a minimum, the\ncriteria shall require that, for each project, the following must occur\nprior to the approval of the provision of financial assistance:\n  (a) an assessment by the agency of all material information included\nin connection with the application for financial assistance, as\nnecessary to afford a reasonable basis for the decision by the agency to\nprovide financial assistance for the project;\n  (b) a written cost-benefit analysis by the agency that identifies the\nextent to which a project will create or retain permanent, private\nsector jobs; the estimated value of any tax exemptions to be provided;\nthe amount of private sector investment generated or likely to be\ngenerated by the proposed project; the contribution of the project to\nthe state's renewable energy goals and emission reduction targets as set\nforth in the state energy plan adopted pursuant to section 6-104 of the\nenergy law; the likelihood of accomplishing the proposed project in a\ntimely fashion; and the extent to which the proposed project will\nprovide additional sources of revenue for municipalities and school\ndistricts; and any other public benefits that might occur as a result of\nthe project;\n  (c) a statement by the applicant that the project, as of the date of\nthe application, is in substantial compliance with all provisions of\nthis article including, but not limited to, the provisions of this\nsection and subdivision one of section eight hundred sixty-two of this\nchapter; and\n  (d) if the project involves the removal or abandonment of a facility\nor plant within the state, notification by the agency to the chief\nexecutive officer or officers of the municipality or municipalities in\nwhich the facility or plant was located.\n  6. Each agency shall develop a uniform agency project agreement that\nsets forth terms and conditions under which financial assistance shall\nbe provided. The uniform agency project agreement shall be used by the\nagency and no financial assistance shall be provided in the absence of\nthe execution of such an agreement. The uniform agency project agreement\nshall, at a minimum:\n  (a) describe the project and the financial assistance, including the\namount and type, to be provided, and the agency purpose to be achieved;\n  (b) require each project owner, occupant or operator receiving\nfinancial benefits to provide annually a certified statement and\ndocumentation:  (i) enumerating the full time equivalent jobs retained\nand the full time equivalent jobs created as a result of the financial\nassistance, by category, including full time equivalent independent\ncontractors or employees of independent contractors that work at the\nproject location, and (ii) indicating that the salary and fringe benefit\naverages or ranges for categories of jobs retained and jobs created that\nwas provided in the application is still accurate and if it is not still\naccurate, providing a revised list of salary and fringe benefit averages\nor ranges for categories of jobs retained and jobs created.\n  (c) indicate the dates when PILOT payments are to be made and provide\nan estimate of the amounts for each affected tax jurisdiction of any\npayments in lieu of taxes that are included as part of the transaction,\nor formula or formulas by which those amounts may be calculated. In lieu\nof providing such information, a copy of an executed payment in lieu of\ntax agreement that contains the same information may be attached to the\nuniform agency project agreement;\n  (e) provide for the suspension or discontinuance of financial\nassistance, or for the modification of any payment in lieu of tax\nagreement to require increased payments, in accordance with policies\ndeveloped by the agency pursuant to section eight hundred seventy-four\nof this title;\n  (f) provide for the return of all or a part of the financial\nassistance provided for the project, including all or part of the amount\nof any tax exemptions, which shall be redistributed to the appropriate\naffected tax jurisdiction, as provided for in policies developed by the\nagency pursuant to section eight hundred seventy-four of this title,\nunless agreed to otherwise by any local taxing jurisdiction or\njurisdictions; and\n  (g) provide that the owner, occupant or operator receiving financial\nassistance shall certify, under penalty of perjury, that it is in\nsubstantial compliance with all local, state and federal tax, worker\nprotection and environmental laws, rules and regulations.\n  7. Each agency shall establish a procedure for compliance with the\nnotification requirements, including identification of the notification\nmethod, under subdivision one-a of this section and paragraph (b) of\nsubdivision four of section eight hundred seventy-four of this title.\n
N.Y. EDN Law § 491 — New York Code / Act EDN / Title 1 / Article 10-B / Section 491
Actions by and against fund
Status: in_force

§ 491. Actions by and against fund. 1. The state supreme court shall\nhave exclusive jurisdiction of any action, suit or special proceeding\nbrought by or against or involving the fund. The venue of any action,\nsuit or special proceeding brought against the funds shall be laid in\nthe city of Yonkers and county of Westchester.\n  2. In every action against the fund for damages, for injuries to real\nor personal property, or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a trustee or officer of\nthe fund and that the fund has neglected or refused to make an\nadjustment or payment thereof for thirty days after such presentment.\n  3. Except in an action for wrongful death, an action against the fund\nfor damages for injuries to real or personal property, or for the\ndestruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the fund within the time limit\nestablished by, and in compliance with all requirements of section\nfifty-e of the general municipal law. An action against the fund for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of the\npublic authorities law.\n
N.Y. EDN Law § 211 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 211
Review of regents learning standards
Status: in_force

§ 211. Review of regents learning standards. 1. The regents shall\nperiodically review and evaluate the existing regents learning standards\nto determine if they should be strengthened, modified or combined so as\nto provide adequate opportunity for students to acquire the skills and\nknowledge they need to succeed in employment or postsecondary education\nand to function productively as civic participants upon graduation from\nhigh school. Such review and evaluation shall be conducted upon a\nschedule adopted by the regents, provided that a review and evaluation\nof the English language arts standards shall be completed as soon as\npossible, but no later than the end of the two thousand seven--two\nthousand eight school year.\n  2. In conducting such reviews, the regents shall seek the\nrecommendations of teachers, school administrators, teacher educators\nand others with educational expertise on improvements to the standards\nso that they ensure that students are prepared, in appropriate\nprogression, for post-secondary education or employment.\n
N.Y. ELN Law § 3-108 — New York Code / Act ELN / Article 3 / Title 1 / Section 3-108
Disaster; additional day for voting
Status: in_force

§ 3-108. Disaster; additional day for voting. 1. A county board of\nelections, or the state board of elections with respect to an election\nconducted in a district in the jurisdiction of more than one county\nboard of elections, may determine that, as the direct consequence of a\nfire, earthquake, tornado, explosion, power failure, act of sabotage,\nenemy attack or other disaster, less than twenty-five per centum of the\nregistered voters of any city, town or village, or if the city of New\nYork, or any county therein, actually voted in any general election.\nSuch a determination by a county board of elections shall be subject to\napproval by the state board of elections. If the state board of\nelections makes such a determination, it shall notify the board of\nelections having jurisdiction in that county that an additional day of\nelection shall be held, which notice shall show: the nature of the\ndisaster; the county, city, town or village affected thereby; the number\nof persons duly registered to vote therein at such general election; and\nthe number of persons who voted therein at such general election.\n  2. The county board of elections shall thereafter set a date for an\nadditional day for voting in the county, city, town or village affected\nby the statement, which shall not be more than twenty days after the\noriginal date of the general election and shall determine the hours\nduring which the polls shall remain open on such additional day for\nvoting; provided, however, that in any event the polls shall remain open\nfor not less than eleven hours. The county board of elections shall\npublish notice thereof not less than twice in each week preceding the\ndate for the additional day for voting, in newspapers as designated in\nthis chapter, and shall notify all registered voters by mail. Such\nnotice shall also direct attention to any change of polling places and\nshall contain such other and additional information as in the judgment\nof the board of elections shall be necessary and proper.\n  3. Official ballots shall be provided at public expense at each\npolling place for such additional day of election. In any election\ndistrict in which voting machines were used upon the original day of\nvoting, they shall be used for the additional day for voting. The\noriginal seal on such machines shall not be removed nor shall the\nmachines be unlocked until the opening of the polls on the additional\nday for voting and the board of elections shall provide an additional\nseal to be used as soon as the polls are closed on such day.\n  4. Only those persons duly registered to vote upon the original date\nof the general election who did not vote on such date shall be entitled\nto vote on the additional day for voting. Voting on the additional day\nprovided for in this section shall be accomplished solely by physically\nappearing at the polling place and nothing contained in this section\nshall be construed to extend the time set by law for casting or\ncanvassing a military, early mail, absentee or special presidential\nballot; provided, however, that nothing contained herein shall be deemed\nto invalidate any early mail, absentee, military or special presidential\nballot duly received on the original date of the general election.\n  5. A county board of elections, or the state board of elections with\nrespect to an election conducted in a political subdivision in the\njurisdiction of more than one county board of elections, may determine\nthat, as the direct consequence of a fire, earthquake, tornado,\nexplosion, power failure, act of sabotage, enemy attack or other\ndisaster, the ability to make a filing with respect to any provision of\nthis chapter was substantially impaired. Upon making such a finding, a\ncounty board of elections, or the state board of elections shall extend\nfor a reasonable time the period for making such filing. An extension\npursuant to this subdivision granted by a county board of elections\nshall be subject to the approval of the state board of elections if such\nextension is longer than one business day.\n
N.Y. PBA Law § 3672 — New York Code / Act PBA / Article 10-D / Title 1 / Section 3672
Separability; construction
Status: in_force

§ 3672. Separability; construction. If any clause, sentence,\nparagraph, section, or part of this title shall be adjudged by any court\nof competent jurisdiction to be invalid, such judgment shall not affect,\nimpair or invalidate the remainder thereof, but shall be confined in its\noperation to the clause, sentence, paragraph, section, or part thereof\ninvolved in the controversy in which such judgment shall have been\nrendered. The provisions of this title shall be liberally construed to\nassist the effectuation of the public purposes furthered hereby.\n
N.Y. RPT Law § 714 — New York Code / Act RPT / Article 7 / Title 1 / Section 714
Answer in city having a population of one million or more
Status: in_force

§ 714.  Answer in city having a population of one million or more.  1.\nIn a proceeding brought to review an assessment of real property in a\ncity having a population of one million or more, the respondent may\nserve a verified answer upon the petitioner within twenty days after\nservice of the petition.  If the respondent fails to serve such answer\nwithin the required time, all allegations of the petition shall be\ndeemed denied.  A proceeding shall be placed upon the court calendar for\nhearing by serving a copy of, and filing, a note of issue as provided in\nan action.  When an answer is deemed to have been made, a motion to\ndismiss the petition must be made prior to the service of a note of\nissue, except that a motion to dismiss the petition, where it appears on\nthe face thereof that the court does not have jurisdiction of the\nsubject of the proceeding or that the petition does not state facts\nsufficient to warrant relief under the provisions of this article, may\nbe made at any time prior to the hearing, and the failure to serve an\nanswer shall not be ground for denying such a motion.\n  2.  If the respondent has not served an answer or moved to dismiss the\npetition prior to the service of a note of issue, except as hereinbefore\nprovided, in order to raise an objection to the sufficiency of the\npetition or assert an affirmative defense upon the hearing, he must\nserve upon the petitioner within forty days after the service of a note\nof issue, a notice containing a statement of the nature of such\nobjection or such defense, unless for good cause the time to serve such\nnotice is extended by the court or a justice thereof, on an order to\nshow cause.  Unless the petitioner and respondent stipulate in writing\nfor a hearing at an earlier date, no hearing shall be held less than\nthirty days after service of such notice upon the petitioner.\n  3.  The respondent shall not be required to attach the original\nassessment roll or other original papers acted upon by him, but it shall\nbe sufficient to incorporate the same by reference in the answer or\nnotice provided for in subdivision two hereof.\n
N.Y. MDW Law § 104 — New York Code / Act MDW / Article 4 / Title 1 / Section 104
Bulkheads
Status: in_force

§ 104. Bulkheads. 1. Every stair, fire-stair and fire-tower required\nby this chapter to extend to the level of the roof or to any terrace\nformed by a setback shall extend to and through a fireproof bulkhead or\nother fireproof enclosure in such roof or terrace approved by the\ndepartment.  Such bulkhead or enclosure shall give unobstructed access\nat all times to such roof or terrace by means of a fireproof door and\ndoor assembly with the door self-closing. Such a door shall never be\nself-locking and shall be fastened on the inside by movable bolts, hooks\nor a lock which does not require a key to open from the inside of the\ndwelling. Stairs to a bulkhead or enclosure shall have a handrail.  When\na dwelling has a pitched or sloping roof with a pitch or slope of more\nthan fifteen degrees, no bulkhead or stair leading thereto shall be\nrequired.\n  2. The roof of any penthouse may for the purpose of this section be\ndeemed part of the main roof if unobstructed access be provided and\nmaintained between all required fire-stair landings on the main roof\nadjoining such penthouse, on the roof of such penthouse and on the roof\nof any other penthouse extending above such main roof. Such unobstructed\naccess, where horizontal, shall be by means of a passage at least three\nfeet in clear width. It may include one or more stairs necessary to\nprovide access from any penthouse roof to any main roof adjoining such\npenthouse. Such stairs shall conform to all the requirements of section\nfifty-three for stairways of fire-escapes.  There shall be a passageway\nat least four feet in clear width between such stairs and the parapet\nwall or guard railing of the main roof.\n
N.Y. PAB Law § 5 — New York Code / Act PAB / Title 1 / Section 5
Statewide bond reserve
Status: in_force

* § 5. Statewide bond reserve. One-third of the statewide ceiling is\nhereby set aside as a statewide bond reserve to be administered by the\ndirector.\n  1. Allocation of the statewide bond reserve among state agencies,\nlocal agencies and other issuers. The director shall transfer a portion\nof the statewide bond reserve to the commissioner for allocation to and\nuse by local agencies and other issuers in accordance with the terms of\nthis section. The remainder of the statewide bond reserve may be\nallocated by the director to state agencies in accordance with the terms\nof this section.\n  2. Allocation of statewide bond reserve to local agencies or other\nissuers.\n  a. Local agencies or other issuers may at any time apply to the\ncommissioner for an allocation from the statewide bond reserve. Such\napplication shall demonstrate:\n  (i) that the requested allocation is required under the code for the\ninterest earned on the bonds to be excluded from the gross income of\nbondholders for federal income tax purposes;\n  (ii) that the local agency's remaining unused allocation provided\npursuant to section three of this act, and other issuer's remaining\nunused allocation, or any available carryforward will be insufficient\nfor the specific project or projects for which the reserve allocation is\nrequested; and\n  (iii) that, except for those allocations made pursuant to section\neleven of this act to enable carryforward elections, the requested\nallocation is reasonably expected to be used during the calendar year.\n  b. In reviewing and approving or disapproving applications, the\ncommissioner shall exercise discretion to ensure an equitable\ndistribution of allocations from the statewide bond reserve to local\nagencies and other issuers. Prior to making a determination on such\napplications, the commissioner shall notify and seek the recommendation\nof the commissioner of housing and community renewal in the case of an\napplication related to the issuance of multi-family housing or mortgage\nrevenue bonds, and in the case of other requests, such state officers,\ndepartments, divisions and agencies as the commissioner deems\nappropriate.\n  c. Applications for allocations shall be made in such form and contain\nsuch information and reports as the commissioner shall require.\n  3. Allocation of statewide bond reserve to state agencies.  The\ndirector may make an allocation from the statewide bond reserve to any\nstate agency. Before making any allocation of statewide bond reserve to\nstate agencies the director shall be satisfied:\n  a. that the allocation is required under the code for the interest\nearned on the bonds to be excluded from the gross income of bondholders\nfor federal income tax purposes;\n  b. that the state agency's remaining unused allocation provided\npursuant to section four of this act or any available carryforward will\nbe insufficient to accommodate the specific bond issue or issues for\nwhich the reserve allocation is requested; and\n  c. that, except for those allocations made pursuant to section eleven\nof this act to enable carryforward elections, the requested allocation\nis reasonably expected to be used during the calendar year.\n* NB Repealed January 1, 1991\n
N.Y. VAT Law § 121-F — New York Code / Act VAT / Title 1 / Article 1 / Section 121-F
Low speed vehicle
Status: in_force

§ 121-f. Low speed vehicle. A limited use automobile which has a\nmaximum performance speed of greater than twenty miles an hour, but not\ngreater than twenty-five miles an hour or a truck which has a maximum\nperformance speed of greater than twenty miles an hour, but not greater\nthan twenty-five miles an hour and whose gross vehicle weight rating\n(GVWR) is less than three thousand pounds. All such vehicles shall\ncomply with the safety standards established in 49 C.F.R. 571.500.\n