N.Y. EDN Law § 1952 — New York Code / Act EDN / Title 2 / Article 40 / Section 1952
Technologies network ties program
Status: in_force

§ 1952. Technologies network ties program. 1. There is hereby\nestablished a model technologies network ties program to pilot\ninnovative uses of technology for interactive instruction and\nadministrative purposes, in order to determine the feasibility of\ndeveloping a statewide technologies network ties program.\n  2. The commissioner shall develop a plan, subject to the approval of\nthe director of the budget, for the allocation of such funds as may be\nmade available for this program, including competitive grants to school\ndistricts and boards of cooperative educational services for interactive\ninstruction. Such plan shall include a listing of the school districts,\nboards of cooperative educational services and library network systems\nselected to take part in the pilot program.\n  3. Objectives of the program shall include the development of a\nnetwork consisting of a structure which will electronically link all\nparticipating agencies and allow for the transfer of administrative and\ninstructional data between and among the participating sites. The\ncommissioner, in consultation with appropriate consultants and\nrepresentatives of participating districts and boards of cooperative\neducational services, will be responsible for determining the\nappropriate communication standards and protocols for the selection of\nhardware and software to be used in all facets of the project.\n  4. The commissioner shall adopt regulations to implement the\nprovisions of this section.\n
N.Y. SOS Law § 62 — New York Code / Act SOS / Article 3 / Title 2 / Section 62
Responsibility for public assistance and care
Status: in_force

§ 62. Responsibility for public assistance and care. 1. Subject to\nreimbursement in the cases hereinafter provided for, each public welfare\ndistrict shall be responsible for the assistance and care of any person\nwho resides or is found in its territory and who is in need of public\nassistance and care which he is unable to provide for himself.\n  5. This section is subject to the following exceptions:\n  (a) Notwithstanding any other provisions of this chapter, in the event\na recipient removes from one to another social services district in the\nstate, a social services official administering safety net assistance or\nfamily assistance to such recipient shall continue such assistance for\nsuch recipient for a period ending on the last day of the calendar month\nnext succeeding the calendar month in which such removal occurred,\nprovided such recipient is otherwise eligible for such assistance and\nhas not become a recipient of public assistance in the district to which\nhe or she has removed.\n  (a-1) Notwithstanding any other provisions of this chapter, in the\nevent a recipient removes from one to another social services district\nin the state, a social services official administering medical\nassistance to such recipient shall continue such assistance for a period\nending on the last day of the calendar month next succeeding the\ncalendar month in which such removal is reported by the recipient to the\nsocial services district, provided that the recipient: has informed the\ndistrict of his or her new address and any material changes in\ncircumstances affecting medical assistance eligibility; is otherwise\neligible for medical assistance; and has not become a recipient of\nmedical assistance in the district to which he or she has removed. After\nthe last day of the calendar month next succeeding the calendar month in\nwhich such removal is reported, the recipient shall be eligible without\nfurther application for medical assistance administered by the social\nservices district to which the recipient has removed. Continued\nprovision of medical assistance under this paragraph is dependent on the\nrecipient meeting all applicable requirements of titles eleven and\neleven-D of article five of this chapter. This paragraph shall not apply\nto a recipient who is institutionalized in a medical facility and who\nremoves from one social services district to another district in the\nstate.\n  (b) If a public welfare district, town or city provides care for a\nperson in a family home, boarding home, nursing home, convalescent home,\nhospital or institution outside of its territory and pays for such care\ndirectly or through a grant made to the recipient, the public welfare\ndistrict, town or city making such provision shall continue to be\nresponsible for payment for such care as long as the recipient is in\nneed thereof. In the event any other type of public assistance and care\nis needed by a person receiving such care, it shall be furnished and\npaid for by the public welfare district, town or city which would be\nresponsible for such required assistance and care if such person had\nremained in the territory of the district, town or city making such\nprovision; the public welfare district, town or city making such\nprovision shall likewise be responsible for the care, removal and burial\nof the body of any such person who shall die, and the expense thereof.\n  The public welfare district, town or city which, pursuant to the\nprovisions of this paragraph, is providing public assistance and care\nfor the mother of an infant, on the date of birth of such infant, shall\nbe responsible for providing public assistance or care required by such\ninfant on and after the date of his birth; and such public welfare\ndistrict, town or city shall be deemed to have made provision for the\ncare of such infant outside of its territory.\n  When a child who has been cared for away from his own home by or on\nbehalf of a public welfare district, pursuant to title two of article\nsix or other provisions of this chapter, the family court act of the\nstate of New York, or other provisions of law, is discharged, pursuant\nto law, to his parents or parent, brother, sister, uncle, aunt or legal\nguardian, who are or is then residing outside the territory of such\npublic welfare district, such discharge shall terminate the\nresponsibility of such public welfare district to furnish public\nassistance and care for such child pursuant to this paragraph; and upon\nsuch discharge it shall become the responsibility of the public welfare\ndistrict wherein such child is thereafter to reside with his relative or\nlegal guardian to provide necessary public assistance and care for him\nas in the case of any other child residing therein.\n  The provisions of this paragraph shall not be deemed to authorize or\nempower towns or cities of a county public welfare district to exercise\nresponsibilities with relation to public assistance and care\ninconsistent with the responsibilities imposed or conferred on them by\nother provisions of this chapter.\n  (c) When a person with a mental illness or developmental disability is\nin need of public assistance or care while on convalescent status or\ncommunity status from a state hospital or institution under the\nprovisions of section 29.15 of the mental hygiene law, the public\nwelfare district, town or city from which he was admitted to such\nhospital or institution shall be responsible for providing and paying\nfor such assistance or care as in the case of other persons requiring\npublic assistance and care, except that such responsibility shall\ncontinue during any period such person is on convalescent status or\ncommunity status outside the territory of such public welfare district,\ntown or city and shall continue thereafter in accordance with the\nprovisions of this paragraph and paragraph (b) of this subdivision if\nsuch person was receiving or should have been receiving public\nassistance or care from such public welfare district, town or city\noutside its territory at the time he was discharged from such\nconvalescent status or community status.\n  (d) When a person, either upon admission to a hospital, nursing home,\nintermediate care facility, adult home, enriched housing program or\nresidence for adults located in a social services district other than\nthe district in which he was then residing, or while in such hospital,\nnursing home, intermediate care facility, adult home, enriched housing\nprogram or residence for adults, is or becomes in need of medical\nassistance, the social services district from which he was admitted to\nsuch hospital, nursing home, intermediate care facility, adult home,\nenriched housing program or residence for adults shall be responsible\nfor providing such medical assistance for so long as such person is\neligible therefor. If while such person is receiving care in such\nhospital, nursing home, intermediate care facility, adult home, enriched\nhousing program or residence for adults or when discharged therefrom, is\nin need of any other type of public assistance or care, the social\nservices district, town or city from which the person was admitted to\nsuch hospital, nursing home, intermediate care facility, adult home,\nenriched housing program or residence for adults shall be responsible\nfor providing and paying for such public assistance or care as in the\ncase of other persons requiring public assistance and care in its\nterritory, and such responsibility shall continue thereafter in\naccordance with the provisions of this paragraph and paragraph (b) of\nthis subdivision if such person was receiving or should have been\nreceiving public assistance or care from such social services district,\ntown or city; such social services district, town or city shall likewise\nbe responsible for the care, removal or burial of the body of any such\nperson who shall die, and for the expense thereof. The provisions of\nthis paragraph shall likewise be applicable to the care of an eligible\nperson who, while temporarily absent from the social services district\nin which he then resided, was admitted to a hospital or nursing home in\nanother social services district prior to the effective date hereof.\n  (e) A public welfare district which provides medical assistance for\nneedy persons pursuant to the provisions of title eleven of article five\nof this chapter, shall not charge back any part of the cost of such\nassistance to another public welfare district.\n  (f) (1) The social services district in which a victim of domestic\nviolence, as defined in article six-A of this chapter, was residing at\nthe time of the alleged domestic violence shall be responsible, in\naccordance with section one hundred thirty-one-u of this chapter, for\nthe cost of emergency shelter and care provided to such victim and his\nor her minor children at a residential program for victims of domestic\nviolence, as defined in article six-A of this chapter, whether or not\nsuch program is located in the social services district or in another\nsocial services district if such victim:\n  a. was receiving public assistance at the time of entry to the program\nor\n  b. applies for public assistance and care during the time the victim\nwas residing in such program.\n  (2) The social services district to which such application is\nsubmitted shall forward the completed application to the district in\nwhich the victim resided at the time of the alleged domestic violence.\n  (3) Responsibility for the cost of shelter and care pursuant to this\nparagraph shall be limited to the period during which the victim and his\nor her children, if any, reside in such program. Responsibility for\npublic assistance and care for any period after termination of such\nresidency shall be determined pursuant to other provisions of this\nsection.\n  (g) (1) When a person applies for medical parole, and is in need of\npublic assistance, including medical assistance, the department of\ncorrections and community supervision shall cause an application for\nsuch assistance to be forwarded to the department of social services.\n  (2) Upon receipt of an application for public assistance, including\nmedical assistance, forwarded by the department of corrections and\ncommunity supervision for persons meeting the conditions of medical\nparole, financial eligibility for such assistance and care shall be\ndetermined by the New York state department of social services prior to\nthe person's parole.\n  (3) Determination of continuing eligibility for public assistance,\nincluding medical assistance, and care will be the responsibility of the\nsocial services district into which such person is released.\n  (4) Any inconsistent provision of this chapter or other law\nnotwithstanding, when a person is released on medical parole pursuant to\nsection two hundred fifty-nine-r or two hundred fifty-nine-s of the\nexecutive law and is in need of public assistance, including medical\nassistance, the social services district in which such person was\nconvicted and from which he or she was committed to the custody of the\ndepartment of corrections and community supervision shall be responsible\nfor the administrative costs of the initial and any subsequent\neligibility determination and the costs of any public assistance,\nincluding medical assistance, following such persons release on medical\nparole for so long as such person is eligible therefor.\n  6. Homeless children. (a) Notwithstanding any other provision of law\nto the contrary, the social services district which provides assistance\nor services to a homeless child in temporary housing located outside the\nschool district of origin shall notify the commissioner of education,\nthe school district of origin and the school district designated by the\nchild, parent or person in parental relation pursuant to subdivision two\nof section thirty-two hundred nine of the education law within five days\nof such designation as the school district which such child shall attend\nupon instruction. Such notice shall include the name of the child, the\nname of the parent or person in parental relation to the child, if any,\nthe name and location of the temporary housing arrangement, the name of\nthe school district of origin and any other information required by the\ncommissioner of education.\n  (b) For the purposes of this subdivision the terms "homeless child",\nand "school district of origin" shall be as defined in section\nthirty-two hundred nine of the education law.\n  (c) A social services district shall provide for the transportation of\neach homeless child who is eligible for benefits pursuant to section\nthree hundred fifty-j of this chapter to and from a temporary housing\nlocation in which the child was placed by the social services district\nand the school attended by such child pursuant to section thirty-two\nhundred nine of the education law, if such temporary housing facility is\nlocated outside of the designated school district pursuant to paragraph\na of subdivision two of section thirty-two hundred nine of the education\nlaw. A social services district shall be authorized to contract with a\nboard of education or a board of cooperative educational services for\nthe provision of such transportation. This paragraph shall apply to\nplacements made by a social services district without regard to whether\na payment is made by the district to the operator of the temporary\nhousing facility.\n  7. The provisions of subdivision five of this section shall not apply\nwith respect to the medical assistance eligibility of persons described\nin subparagraph two of paragraph (a) of subdivision one of section three\nhundred sixty-six of this chapter.\n
N.Y. RPT Law § 466-J — New York Code / Act RPT / Article 4 / Title 2 / Section 466-J
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

* § 466-j. Volunteer firefighters and volunteer ambulance workers;\ncertain county. 1. Real property owned by an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service or such enrolled member and spouse residing\nin any county having a population of more than seventy-nine thousand and\nless than eighty thousand inhabitants, determined in accordance with the\nlatest federal decennial census, shall be exempt from taxation to the\nextent of ten percent of the assessed value of such property for city,\nvillage, town, part town, special district, school district, fire\ndistrict or county purposes, exclusive of special assessments, provided\nthat the governing body of a city, village, town, school district, fire\ndistrict or county, after a public hearing, adopts a local law,\nordinance or resolution providing therefor.\n  2. Such exemption shall not be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvoluntary ambulance service residing in such county unless:\n  (a) the applicant resides in the city, town or village which is served\nby such incorporated volunteer fire company or fire department or\nincorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality, school district and/or fire\ndistrict which adopts a local law, ordinance or resolution pursuant to\nthis section to determine the procedure for certification.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such county provided that the governing body of a city,\nvillage, town, school district, fire district or county, after a public\nhearing, adopts a local law, ordinance or resolution providing therefor.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality,\nschool district and/or fire district offering such exemption on or\nbefore the taxable status date on a form as prescribed by the\ncommissioner.\n  5. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB Repealed December 9, 2028\n
N.Y. EDN Law § 1721 — New York Code / Act EDN / Title 2 / Article 35 / Section 1721
Records; reports
Status: in_force

§ 1721. Records; reports.  It shall be the duty of the board of\neducation of a union free school district to keep an accurate record of\nall its proceedings in books provided for that purpose.  It shall also\nbe the duty of said board to cause to be published once in each year,\nduring the month of July or during the month of August, in at least one\npublic newspaper, published in such district or, if one public newspaper\nis not published in such district, then in a public newspaper having\ngeneral circulation within such district, a full and detailed account of\nall moneys received by the board or the treasurer of said district, for\nits account and use, and of all the moneys expended therefor, giving the\nitems of expenditure in full; should there be no paper published in or\nhaving general circulation within said district said board shall publish\nsuch account by notice to the taxpayers, by posting copies thereof in\nfive public places in said district.\n
N.Y. ELN Law § 7-201 — New York Code / Act ELN / Article 7 / Title 2 / Section 7-201
Voting machines and systems; examination of
Status: in_force

§ 7-201. Voting machines and systems; examination of. 1. Any person or\ncorporation owning or being interested in any voting machine or system\nmay apply to have the state board of elections examine such machine or\nsystem. Such applicant shall pay to the board before the examination a\nfee equal to the cost of such examination. The state board of elections\nshall cause the machine or system to be examined and a report of the\nexamination to be made and filed in the office of the state board. Such\nexamination shall include a determination as to whether the machine or\nsystem meets the requirements of section 7-202 of this title and a\nthorough review and testing of any electronic or computerized features\nof the machine or system. Such report shall state an opinion as to\nwhether the kind of machine or system so examined can safely and\nproperly be used by voters and local boards of elections at elections,\nunder the conditions prescribed in this article and the requirements of\nthe federal Help America Vote Act. If the report states that the machine\nor system can be so used, and the board after its own examination so\ndetermines, in accordance with subdivision four of section 3-100 of this\nchapter, the machine or system shall be deemed approved, and machines or\nsystems of its kind may be adopted for use at elections as herein\nprovided. The voting machine or system shall be examined by examiners or\ntesting laboratories to be selected for such purpose by the state board.\nEach examiner or laboratory shall receive compensation and expenses for\nmaking an examination and report as to each voting machine or system\nexamined by him or it. Neither any member of the state board of\nelections nor any examiner or owner or employee of any testing\nlaboratory, shall have any pecuniary interest in any voting machine or\nsystem. Any form of voting machine or system not so approved, cannot be\nused at any election.\n  2. When any change is made in the operation or material of any feature\nor component of any machine or system which has been approved pursuant\nto the provisions of this section, such machine or system must be\nsubmitted for such re-examination and reapproval pursuant to the\nprovisions of subdivision one of this section as the state board of\nelections deems necessary.\n  3. If at any time after any machine or system has been approved\npursuant to the provisions of subdivision one or two of this section,\nthe state board of elections has any reason to believe that such machine\nor system does not meet all the requirements for voting machines or\nsystems set forth in this article, it shall forthwith cause such machine\nor system to be examined again in the manner prescribed by subdivision\none of this section. If the opinions in the report of such examinations\ndo not state that such machine or system can safely and properly be used\nby voters at elections under the conditions prescribed by this article,\nthe state board of elections shall forthwith rescind its approval of\nsuch machine or system. After the date on which the approval of any\nmachine or system is rescinded, no machines or systems of such type may\nbe purchased for use in this state. The state board of elections shall\nexamine all machines or systems of such type which were previously\npurchased, to determine if they may continue to be used in elections in\nthis state.\n  4. The state board of elections may authorize, for use on an\nexperimental basis, one or more types of voting machine, system or\nequipment not previously approved by such board pursuant to the\nprovisions of this section and may authorize a local board of elections\nto rent or borrow a limited number of one such type of machine, system\nor equipment for use in a primary, special, general or village election.\nAuthorization for such use of such a machine, system or equipment may be\ngiven for all or part of any city, town or village for any such\nelection.\n  5. The board shall deposit all fees collected pursuant to the\nprovisions of subdivision one of this section to the credit of the\nvoting machine and system examination fund established pursuant to\nsection ninety-two-p of the state finance law.\n
N.Y. GMU Law § 898-B — New York Code / Act GMU / Article 18-A / Title 2 / Section 898-B
Town of Islip industrial development agency
Status: in_force

* § 898-b. Town of Islip industrial development agency. For the\nbenefit of the town of Islip and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the TOWN OF ISLIP INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies and provided that the exercise of\nthe powers by such agency with respect to the acquisition of real\nproperty whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the town of Islip, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the town of Islip. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBA Law § 1371 — New York Code / Act PBA / Article 6 / Title 2 / Section 1371
Punishment for irregular demeanor of members or employees of authority
Status: in_force

§ 1371. Punishment for irregular demeanor of members or employees of\nauthority. It shall be a misdemeanor for a member of the authority or an\nofficer, agent, servant or employee employed by or appointed by the\nauthority, to be in any way or manner interested, directly or\nindirectly, as principal, surety or otherwise, in a contract, the\nexpense or consideration whereof is payable out of the funds of the\nauthority.\n
N.Y. PBH Law § 238 — New York Code / Act PBH / Article 2 / Title 2-D / Section 238
Definitions
Status: in_force

§ 238. Definitions. As used in this title, the following terms shall\nhave the following meanings, unless the context clearly requires\notherwise:\n  1. "Clinical laboratory services" shall mean the microbiological,\nserological, chemical, hematological, biophysical, cytological or\npathological examination of materials derived from the human body, for\nthe purposes of obtaining information for the diagnosis, prevention, or\ntreatment of disease or the assessment of health condition.\n  2. "Fair market value" shall mean the value in arms length\ntransactions, consistent with the general market value, and, with\nrespect to rentals or leases, the value of rental property for general\ncommercial purposes, not taking into account its intended use, and, in\nthe case of a lease of space, not adjusted to reflect the additional\nvalue the prospective lessee or lessor would attribute to the proximity\nor convenience to the lessor where the lessor is a potential source of\npatient referrals to the lessee.\n  3. "Financial relationship" shall mean an ownership interest,\ninvestment interest or compensation arrangement.\n  4. "General hospital" shall have the same meaning as is set forth in\nsubdivision ten of section twenty-eight hundred one of this chapter.\n  5. "Group practice" shall mean a group of two or more practitioners\norganized as a partnership, professional corporation, foundation,\nnot-for-profit corporation, faculty practice plan or similar\nassociation; and\n  (a) in which each practitioner who is a member of the group provides\nsubstantially the full range of services which the practitioner\nroutinely provides, including medical care, consultation, diagnosis or\ntreatment, through the joint use of shared office space, facilities,\nequipment and personnel; and\n  (b) for which substantially all of the services of the practitioners\nwho are members of the group are provided through the group and are\nbilled in the name of the group and amounts so received are treated as\nreceipts of the group; and\n  (c) in which the overhead expenses of the income from the practice are\ndistributed in accordance with methods previously determined by members\nof the group; and\n  (d) provided, however, in the case of a faculty practice plan\nassociated with a hospital with an approved residency training program\nin which practitioner members may provide a variety of different\nspecialty services and provide professional services both within and\noutside the group, as well as perform other tasks such as research, the\nprovisions of paragraphs (a), (b) and (c) of this subdivision shall be\napplied only with respect to the services provided within the faculty\npractice plan.\n  6. "Health care provider" shall mean a practitioner in an individual\npractice, group practice, partnership, professional corporation or other\nauthorized form of association, a hospital or other health care\ninstitution issued an operating certificate pursuant to this chapter or\nthe mental hygiene law, a certified home health agency or a licensed\nhome care services agency, and any other purveyor of health or health\nrelated items or services including but not limited to a clinical\nlaboratory, a physiological laboratory, a pharmacy, a purveyor of x-ray\nor imaging services, a purveyor of physical therapy services, a purveyor\nof health or health related supplies, appliances or equipment, or an\nambulance service.\n  7. "Health or health related items or services" shall include, but not\nbe limited to, items and services available under the medical assistance\nprogram pursuant to title eleven of article five of the social services\nlaw.\n  8. "Immediate family member" shall include spouse; birth and adoptive\nparents, children and siblings; stepparents, stepchildren and\nstepsiblings; fathers-in-law, mothers-in-law, brothers-in-law,\nsisters-in-law, sons-in-law and daughters-in-law; and grandparents and\ngrandchildren.\n  9. "Interested investor" shall mean, with respect to a health care\nprovider, an investor who is a practitioner in a position to make or to\ninfluence referrals or business to the health care provider, or who is\nan immediate family member of such an investor.\n  10. "Investor" shall mean, with respect to a health care provider, a\nperson with a financial relationship with the health care provider,\nsubject to the exceptions provided in paragraph (b) of subdivision\nthree, subdivision four and paragraph (b) of subdivision five of section\ntwo hundred thirty-eight-a of this title.\n  11. "Practitioner" shall mean a licensed or registered physician,\ndentist, podiatrist, chiropractor, nurse, midwife, physician assistant\nor specialist assistant, physical therapist, or optometrist.\n  12. "Rural" shall mean (i) a county with a population of two hundred\nthousand persons or less, or a town with a population density of one\nhundred fifty persons or less per square mile; and (ii) other rural\nareas pursuant to standards promulgated in regulation by the\ncommissioner.\n  13. "X-ray or imaging services" shall mean diagnostic imaging\ntechniques which shall include but not be limited to the following:\n  (a) Conventional x-ray or radiology.\n  (b) Fluoroscopy.\n  (c) Digital radiography.\n  (d) Computed tomography.\n  (e) Magnetic resonance imaging.\n  (f) Nuclear imaging.\n  (g) Ultrasonography.\n  (h) Angiography.\n  14. "Pharmacy services" shall mean the preparing, compounding,\npreserving or, the dispensing of drugs, medicines and therapeutic\ndevices on the basis of prescriptions or other legal authority.\n  15. "Radiation therapy services" shall mean the use of high energy\nx-rays, particles, or radiation materials for the treatment of cancer\nand other diseases.\n  16. "Physical therapy services" means physical therapy as defined by\nsection sixty-seven hundred thirty-one of the education law.\n  17. "Public health council" shall mean the public health and health\nplanning council.\n
N.Y. EDN Law § 2803 — New York Code / Act EDN / Title 2 / Article 55 / Section 2803
Use of internet-enabled devices during the school day
Status: in_force

§ 2803. Use of internet-enabled devices during the school day. 1. For\npurposes of this section:\n  (a) "Internet-enabled devices" shall mean and include any smartphone,\ntablet, smartwatch, or other device capable of connecting to the\ninternet and enabling the user to access content on the internet,\nincluding social media applications; provided, however, that\n"internet-enabled devices" shall not include:\n  (i) non-internet-enabled devices such as cellular phones or other\ncommunication devices not capable of connecting to the internet or\nenabling the user to access content on the internet; or\n  (ii) internet-enabled devices supplied by the school district, charter\nschool, or board of cooperative educational services that are used for\nan educational purpose.\n  (b) "School day" shall mean the entirety of every instructional day as\nrequired by subdivision seven of section thirty-six hundred four of this\nchapter during all instructional time and non-instructional time,\nincluding but not limited to homeroom periods, lunch, recess, study\nhalls, and passing time.\n  (c) "School grounds" shall mean in or on or within any building,\nstructure, athletic playing field, playground, or land contained within\nthe real property boundary line of a district elementary, intermediate,\njunior high, vocational, or high school, a charter school, or a board of\ncooperative educational services facility.\n  2. Notwithstanding paragraph b of subdivision one of section\ntwenty-eight hundred fifty-four of this chapter, each school district,\ncharter school, and board of cooperative educational services shall\nadopt a written policy prohibiting the use of internet-enabled devices\nby students during the school day anywhere on school grounds. Each\nschool district, charter school, and board of cooperative educational\nservices shall consult local stakeholders, including but not limited to\nthe employee organization representing each bargaining unit within the\nschool building, parents, and students, in the development of such\npolicy prior to its adoption.\n  3. The policy adopted and implemented pursuant to subdivision two of\nthis section shall include one or more methods for persons in parental\nrelation to a student to contact the student during the school day and\nprovide for written notification to such persons in parental relation to\na student of these methods at the beginning of each school year and upon\nenrollment.\n  4. The policy adopted and implemented pursuant to subdivision two of\nthis section shall include one or more methods for on-site storage where\nstudents may store their internet-enabled devices during the school day,\nwhich may include student lockers.\n  5. (a) The policy adopted and implemented pursuant to subdivision two\nof this section may authorize student use of an internet-enabled device\nduring the school day on school grounds:\n  (i) if authorized by a teacher, principal, or the school district,\ncharter school, or board of cooperative educational services for a\nspecific educational purpose;\n  (ii) where necessary for the management of a student's healthcare;\n  (iii) in the event of an emergency;\n  (iv) for translation services;\n  (v) on a case-by-case basis, upon review and determination by a school\npsychologist, school social worker, or school counselor, for a student\ncaregiver who is routinely responsible for the care and wellbeing of a\nfamily member; or\n  (vi) where required by law.\n  (b) The policy may not prohibit a student's use of an internet-enabled\ndevice where such use is included in the student's:\n  (i) individualized education program; or\n  (ii) plan developed pursuant to section five hundred four of the\nfederal rehabilitation act of 1973, 29 U.S.C. 794.\n  6. No later than August first, two thousand twenty-five, each school\ndistrict, charter school, and board of cooperative educational services\nshall adopt and publish in a clearly visible and accessible location on\nits website the internet-enabled device policy established pursuant to\nsubdivision two of this section. Translation of such policy into any of\nthe twelve most common non-English languages spoken by limited-English\nproficient individuals in the state, based on the data in the most\nrecent American community survey published by the United States census\nbureau, shall be provided upon request by a student or persons in\nparental relation to a student.\n  7. (a) No later than September first, two thousand twenty-six, and\neach September first thereafter, each school district, charter school,\nand board of cooperative educational services shall publish an annual\nreport on its website detailing enforcement of the policy within the\ndistrict, charter school, or board of cooperative educational services\nin the prior school year, including non-identifiable demographic data of\nstudents who have faced disciplinary action for non-compliance and\nanalysis of any demographic disparities in enforcement of the policy. If\na statistically significant disparate enforcement impact is identified,\nsuch report shall include a mitigation action plan.\n  (b) Each school district, charter school, and board of cooperative\neducational services shall not permit the suspension of a student if the\nsole grounds for the suspension is that the student accessed an\ninternet-enabled device in violation of the policy adopted and\nimplemented pursuant to subdivision two of this section.\n
N.Y. EDN Law § 1525 — New York Code / Act EDN / Title 2 / Article 31 / Section 1525
Alteration of boundaries of city school district
Status: in_force

§ 1525. Alteration of boundaries of city school district.\nNotwithstanding the provisions of this chapter or any other general,\nspecial, or local law to the contrary, whenever the commissioner of\neducation shall receive an application for an alteration of the\nboundaries of a city school district of a city with less than one\nhundred twenty-five thousand inhabitants, and the board of education of\nsuch city school district and the boards of education or trustees of all\nother districts to be affected by such alteration shall consent thereto\nin writing, the commissioner of education may make an order altering the\nboundaries of such city school district, and fix in such order a day\nwhen the alteration shall take effect.\n
N.Y. ELN Law § 11-208 — New York Code / Act ELN / Article 11 / Title 2 / Section 11-208
Special federal voters; cancellation of registration
Status: in_force

§ 11-208. Special federal voters; cancellation of registration. 1.\nVoters registered pursuant to this title shall be eligible to vote in\nevery election in which special federal voters are eligible to vote\nwhich is held on or after the thirtieth day after receipt of their\napplications for such registration.\n  2.  If any ballot, application form or other mail sent to a special\nfederal voter at his address outside the United States by such board is\nreturned by the post office as undeliverable, the board of elections\nshall send a confirmation notice to such special federal voter at such\naddress pursuant to the provisions of section 5-712 of this chapter and\nshall place the registration of such voter in inactive status. If the\nboard of elections subsequently receives notice of a new address outside\nthe United States for such voter, or notice that the voter is still at\nthe same address outside the United States, the board shall restore the\nregistration of such voter to active status in the manner prescribed by\nsection 5-213 of this chapter.\n  3. The board of elections shall process and preserve the records of\nsuch registrations, including the original applications for such\nregistrations, in the same manner and for the same period of time as the\nrecords of other voters registered under permanent personal\nregistration.\n  4. A special federal voter whose registration is cancelled pursuant to\nthe provisions of section 5-400 of this chapter shall be eligible to\nreregister in the manner provided by this title.\n  5. Upon cancelling the registration of a special federal voter\npursuant to the provisions of section 5-400 of this chapter, the board\nof elections shall forthwith notify such voter at his last address\noutside the United States of the fact of the cancellation, the reason\ntherefor, and of his right to reregister pursuant to this title.\n
N.Y. VAT Law § 201 — New York Code / Act VAT / Title 2 / Article 2 / Section 201
Custody of records
Status: in_force

§ 201. Custody of records. 1. Documents. The commissioner may destroy:\n  (a) any application, including supporting documents, for registration\nand/or title of a motor vehicle or trailer, other than an application\nfor renewal of registration, or any notice of a lien on a motor vehicle\nor trailer, after such application shall have been on file for a period\nof five years;\n  (b) any application for renewal of a registration which results in the\nissuance of a registration renewal of any motor vehicle or trailer, upon\nentry of an electronic record of renewal on the files;\n  (c) any application for a driver's license, including any document\nrequired to be filed with any such application, after such application\nshall have been on file for a period of five years;\n  (d) any application, including supporting documents, for the\nregistration, other than a renewal of a registration, of a snowmobile\nafter such application shall have been on file for a period of two\nyears;\n  (e) any application for renewal of a registration which results in the\nissuance of a registration renewal for any snowmobile, upon the\nexpiration of the registration renewal issued;\n  (f) any application, including supporting documents, for registration\nand/or title of a motorboat, other than an application for renewal of\nregistration, or any notice of a lien on a motorboat after such\napplication shall have been on file for a period of four years;\n  (g) any application for renewal of a registration which results in the\nissuance of a registration renewal for any motorboat, upon the\nexpiration of the registration renewal issued;\n  (h) any application, including supporting documents relating to\nownership, for any other registration, license or certificate issued\nunder this chapter and not specifically otherwise provided for in this\nsubdivision, after such application shall have been on file for a period\nof five years;\n  (i) (i) any accident reports filed with the commissioner, conviction\ncertificates, police reports, complaints, satisfied judgment records,\nclosed suspension and revocation orders, hearing records, other than\naudio tape recordings of hearings, significant correspondence relating\nto any of the same, and any other record on file after remaining on file\nfor four years except that if the commissioner shall receive, during the\nlast year of such period of four years, written notice to retain one or\nmore of such papers or documents, the same shall be retained for another\nfour years in addition to said period of four years. The provisions of\nthis paragraph shall not apply to certificates of conviction filed with\nrespect to convictions which affect sentencing or administrative action\nrequired by law beyond such four year period. Such certificates may be\ndestroyed after they have no legal effect on sentencing or\nadministrative action;\n  (ii)(A) Notwithstanding the provisions of subparagraph (i) of this\nparagraph, the commissioner may destroy any conviction certificates and\nclosed suspension and revocation orders after remaining on file for:\n  (1) fifty-five years where the conviction and suspension or revocation\norder relates to a conviction, suspension or revocation by the holder of\nany driver's license when operating a commercial motor vehicle, as\ndefined in subdivision four of section five hundred one-a of this\nchapter, or by the holder of a commercial driver's license or commercial\nlearner's permit when operating any motor vehicle, who: has refused to\nsubmit to a chemical test pursuant to section eleven hundred ninety-four\nof this chapter or has been convicted of any of the following offenses:\nany violation of subdivision two, two-a, three, four or four-a of\nsection eleven hundred ninety-two of this chapter, any violation of\nsubdivision one or two of section six hundred of this chapter, any\nfelony involving the use of a motor vehicle, other than the use of a\nmotor vehicle in the commission of a felony involving manufacturing,\ndistributing, dispensing a controlled substance; or the conviction,\nsuspension or revocation involves any of the following offenses while\noperating a commercial motor vehicle: any violation of subdivision five\nor six of section eleven hundred ninety-two of this chapter, driving a\ncommercial motor vehicle when as a result of prior violations committed\nwhile operating a commercial motor vehicle, the driver's commercial\ndriver's license or commercial learner's permit is suspended or revoked,\nor has been convicted of causing a fatality through the negligent\noperation of a commercial motor vehicle, including but not limited to\nthe crimes of vehicular manslaughter and criminally negligent homicide\nas set forth in article one hundred twenty-five of the penal law;\n  (2) fifteen years for violating an out of service order as provided\nfor in the rules and regulations of the department of transportation\nwhile operating a commercial motor vehicle.\n  (B) Any conviction arising out of the use of a motor vehicle in the\ncommission of a felony involving manufacturing, distributing, or\ndispensing a controlled substance shall never be destroyed.\n  (C) The provisions of this subparagraph shall only apply to records\nrequested by a state, the United States secretary of transportation, the\nperson who is the subject of the record, or a motor carrier who employs\nor who prospectively may employ the person who is the subject of the\nrecord.\n  (j) audio tape recordings of hearings, two years after such hearing;\nprovided, however, that audio tape recordings of hearings held pursuant\nto section two hundred twenty-seven of this chapter may be destroyed\nninety days after a determination has been made as prescribed in such\nsection.\n  (k) any records, including any reproductions or electronically created\nimages of such records and including any records received by the\ncommissioner from a court pursuant to paragraph (c) of subdivision ten\nof section eleven hundred ninety-two of this chapter or section\nforty-nine-b of the navigation law, relating to a finding of a violation\nof section eleven hundred ninety-two-a of this chapter or a waiver of\nthe right to a hearing under section eleven hundred ninety-four-a of\nthis chapter or a finding of a refusal following a hearing conducted\npursuant to subdivision three of section eleven hundred ninety-four-a of\nthis chapter or a finding of a violation of section forty-nine-b of the\nnavigation law or a waiver of the right to a hearing or a finding of\nrefusal following a hearing conducted pursuant to such section, after\nremaining on file for three years after such finding or entry of such\nwaiver or refusal or until the person that is found to have violated\nsuch section reaches the age of twenty-one, whichever is the greater\nperiod of time. Upon the expiration of the period for destruction of\nrecords pursuant to this paragraph, the entirety of the proceedings\nconcerning the violation or alleged violation of such section eleven\nhundred ninety-two-a of this chapter or such section forty-nine-b of the\nnavigation law, from the initial stop and detention of the operator to\nthe entering of a finding and imposition of sanctions pursuant to any\nsubdivision of section eleven hundred ninety-four-a of this chapter or\nof section forty-nine-b of the navigation law shall be deemed a nullity,\nand the operator shall be restored, in contemplation of law, to the\nstatus he occupied before the initial stop and prosecution.\n  2. Reproduction of documents by commissioner. The provisions of\nsubdivision one of this section shall not prevent the commissioner from\nreproducing a copy of any document specified in that subdivision or from\nelectronically creating and storing an image of any documents maintained\nby the department. Such image or reproduction may be designated as the\nofficial departmental record. The original document may be destroyed\nafter such reproduction or image has been made and filed and the\ndestruction of the reproduction or image shall be governed by the\nprovisions of subdivision one of this section.\n  3. Electronically or mechanically stored records. Any electronically\nor mechanically stored record relating to:\n  (a) certificates of title shall be retained for a period of seven\nyears from the date of the issuance of the title plus an additional\nthree consecutive years of inactivity regarding the titled vehicle;\n  (b) liens and satisfaction of liens shall be retained for one year\nfrom the date of satisfaction;\n  (c) renewal of the registration of any motor vehicle or trailer shall\nbe retained for a period of one year from the date of expiration of the\nregistration issued;\n  (d) driver's licenses shall be retained for a period of two years from\nthe date of expiration of the last driver's license issued;\n  (e) registrations, licenses, or certificates not otherwise provided\nfor in this subdivision shall be retained for a period of one year from\nthe date of expiration of the last registration, license or certificate;\n  (f) documents specified in paragraph (i) of subdivision one of this\nsection shall be retained until the document itself may be destroyed.\n  4. Whenever any document referred to in subdivision one of this\nsection shall have been destroyed, a document produced from the\nsurviving electronically or mechanically stored data record shall be\nconsidered the original record of such document.\n  5. Whenever any document referred to in subdivision one of this\nsection or any record retained in subdivision three of this section has\nbeen retained beyond the required retention period of such document or\nrecord, the document or record shall not be a public record; and, to the\nextent that any document referred to in paragraph (k) of subdivision one\nof this section has not been destroyed at the expiration of the\nretention period set forth therein, such document shall be deemed\ndestroyed as a matter of law for all purposes upon the expiration of the\nretention period.\n  6. Whenever any document referred to in subdivision one of this\nsection is filed with this department when it is not required to be\nfiled and is used by this department for no other purposes, other than\nfor statistics or research, the document shall not be a public record.\nProvided, however, that an accident report filed with this department\nwhen it is not required to be filed shall not be a public record except\nas follows:  for use by the state or any political subdivision thereof\nfor no other purposes other than for statistics or research relating to\nhighway safety; for any lawful purpose by a person to whom such report\npertains or named in such report, or his or her authorized\nrepresentative; and, for use by any other person, or his or her\nauthorized representative, who has demonstrated to the satisfaction of\nthe commissioner that such person is or may be a party to a civil action\narising out of the conduct described in such accident report.\n  7. Where a judge or magistrate reports a license suspension or\nrevocation to the commissioner, following a youthful offender\ndetermination, as is required by section five hundred thirteen of this\nchapter, the commissioner shall not make available the finding of the\ncourt of youthful offender status to any person, or public or private\nagency.\n  8. Any portion of any record retained by the commissioner in relation\nto a non-commercial driver's license or learner's permit application or\nrenewal application that contains the photo image or identifies the\nsocial security number, telephone number, place of birth, country of\norigin, place of employment, school or educational institution attended,\nsource of income, status as a recipient of public benefits, the customer\nidentification number associated with a public utilities account,\nmedical information or disability information of the holder of, or\napplicant for, such license or permit is not a public record and shall\nnot be disclosed in response to any request for records except: (a) to\nthe person who is the subject of such records; or (b) where expressly\nrequired pursuant to chapter three hundred three of part A of subtitle\nvi of title forty-nine of the United States code; or (c) where necessary\nto comply with a lawful court order, judicial warrant signed by a judge\nappointed pursuant to article III of the United States constitution, or\nsubpoena for individual records issued pursuant to the criminal\nprocedure law or the civil practice law and rules.\n  9. The commissioner shall not disclose or otherwise make accessible\noriginal documents or copies of documents collected from non-commercial\ndriver's license or learner's permit applicants or renewal applicants to\nprove identity, age, or fitness except: (a) to the person who is the\nsubject of such documents; or (b) where expressly required pursuant to\nchapter three hundred three of part A of subtitle vi of title forty-nine\nof the United States code; or (c) unless necessary to comply with a\nlawful court order, judicial warrant signed by a judge appointed\npursuant to article III of the United States constitution, or subpoena\nfor individual records properly issued pursuant to the criminal\nprocedure law or the civil practice law and rules.\n  10. The commissioner shall not disclose or otherwise make accessible\nany portion of any record that identifies whether the type of driver's\nlicense or learner's permit that a person holds either meets federal\nstandards for identification or does not meet federal standards for\nidentification except: (a) to the person who is the subject of such\nrecord; or (b) where expressly required pursuant to chapter three\nhundred three of part A of subtitle vi of title forty-nine of the United\nStates code; or (c) unless necessary to comply with a lawful court\norder, judicial warrant signed by a judge appointed pursuant to article\nIII of the United States constitution, or subpoena for individual\nrecords properly issued pursuant to the criminal procedure law or the\ncivil practice law and rules.\n  11. For the purposes of this section, whenever a lawful court order,\njudicial warrant, or subpoena for individual records properly issued\npursuant to the criminal procedure law or the civil practice law and\nrules is presented to the commissioner, only those records, documents,\nor information specifically sought by such court order, warrant, or\nsubpoena may be disclosed.\n  12. (a) Except as required for the commissioner to issue or renew a\ndriver's license or learner's permit that meets federal standards for\nidentification, as necessary for an individual seeking acceptance into a\ntrusted traveler program, or to facilitate vehicle imports and/or\nexports, the commissioner, and any agent or employee of the\ncommissioner, shall not disclose or make accessible in any manner\nrecords or information that he or she maintains, to any agency that\nprimarily enforces immigration law or to any employee or agent of such\nagency, unless the commissioner is presented with a lawful court order\nor judicial warrant signed by a judge appointed pursuant to article III\nof the United States constitution. Upon receiving a request for such\nrecords or information from an agency that primarily enforces\nimmigration law, the commissioner shall, no later than three days after\nsuch request, notify the individual about whom such information was\nrequested, informing such individual of the request and the identity of\nthe agency that made such request.\n  (b) The commissioner shall require any person or entity that receives\nor has access to records or information from the department to certify\nto the commissioner, before such receipt or access, that such person or\nentity shall not (i) use such records or information for civil\nimmigration purposes or (ii) disclose such records or information to any\nagency that primarily enforces immigration law or to any employee or\nagent of any such agency unless such disclosure is pursuant to a\ncooperative arrangement between city, state and federal agencies which\narrangement does not enforce immigration law and which disclosure is\nlimited to the specific records or information being sought pursuant to\nsuch arrangement. Violation of such certification shall be a class E\nfelony. In addition to any records required to be kept pursuant to\nsubdivision (c) of section 2721 of title 18 of the United States code,\nany person or entity certifying pursuant to this paragraph shall keep\nfor a period of five years records of all uses and identifying each\nperson or entity that primarily enforces immigration law that received\ndepartment records or information from such certifying person or entity.\nSuch records shall be maintained in a manner and form prescribed by the\ncommissioner and shall be available for inspection by the commissioner\nor his or her designee upon his or her request.\n  (c) For purposes of this subdivision, the term "agency that primarily\nenforces immigration law" shall include, but not be limited to, United\nStates immigration and customs enforcement and United States customs and\nborder protection, and any successor agencies having similar duties.\nFailure to maintain records as required by this subdivision shall be a\nclass E felony.\n
N.Y. SOS Law § 461-F — New York Code / Act SOS / Article 7 / Title 2 / Section 461-F
Operation of facility in receivership
Status: in_force

§ 461-f. Operation of facility in receivership.  1. As a means of\nprotecting the health, safety and welfare of the residents of an adult\ncare facility subject to inspection and supervision by the department,\nit may become necessary under certain circumstances to authorize the\ncontinuing operation of such facility for a temporary period by a court\nappointed receiver, at the discretion of the commissioner, as provided\nin this section or with respect to an adult home, enriched housing\nprogram or residence for adults, a receiver approved by the department\nof health pursuant to written agreement between the department and the\noperator or operators of such facility, provided that such agreement\nshall not exceed a period of sixty days but may be extended for an\nadditional sixty day period upon agreement by the parties.\n  2. The operator or operators of any adult home, enriched housing\nprogram or residence for adults may at any time request the department\nof health to appoint a receiver to take over the operation of such\nfacility. Upon receiving such a request, the department of health may,\nif it deems such action desirable, enter into an agreement with any such\noperator or operators for the appointment of a receiver to take charge\nof the facility under whatever conditions as shall be found acceptable\nby the parties, provided that such agreement shall not exceed a period\nof sixty days but may be extended for an additional sixty day period\nupon agreement by the parties.\n  3. (a) In the event of a transfer of possession of the premises of\nsuch facility from an approved operator to a court appointed receiver in\na bankruptcy or mortgage foreclosure proceeding, the department may\nauthorize such court appointed receiver to continue to operate such\nfacility for a temporary period pending the filing and review of an\napplication to the department by such receiver or by another person for\nan operating certificate, provided, however, that such court appointed\nreceiver agrees to operate the facility during such temporary period in\naccordance with such terms and conditions as may be set by the\ndepartment, which terms and conditions shall include compliance with all\napplicable provisions of law and regulations of the department, and\nwhich shall include a waiver by the receiver of any assessment of fees\nagainst the department, the commissioner and the state. Such application\nfor an operating certificate shall be filed within ninety days after the\ntransfer of possession to the receiver, unless the time for such filing\nis extended by the department.\n  (b) The commissioner may make application to appear and advise the\ncourt of any objections he may have to the transfer of possession from\nthe approved operator to any other person including a receiver or of any\nobjections he may have to continuing a receiver or any other person in\npossession.\n  (c) After a receiver obtains such temporary authorization, he may\noperate such facility only so long as he continues to do so in\ncompliance with the applicable law, regulations of the department, and\nthe terms and conditions for such authorization as set by the\ndepartment.\n  4. (a) When the department revokes or temporarily suspends the\noperating certificate of such facility and the commissioner determines\nthat appointment of a receiver is necessary to protect the health,\nsafety and welfare of the residents of a facility the commissioner may\napply to the supreme court in the county where the facility is situated\nfor an order directing the operators, owners and prime lessors, if any,\nof the premises to show cause why the commissioner, or at the discretion\nof the commissioner, his designee, should not be appointed receiver to\ntake charge of the facility. Such order to show cause shall be\nreturnable not less than five days after service is completed and shall\nprovide for personal service of a copy thereof and the papers on which\nit is based on the operators, owners and prime lessors, if any, of the\npremises. If any such operator, owner or prime lessor cannot with due\ndiligence be served personally within the county where the property is\nlocated and within the time fixed in such order, then service may be\nmade on such person by posting a copy thereof in a conspicuous place\nwithin the facility in question, and by sending a copy thereof by\nregistered mail, return receipt requested, to such operator, owner or\nprime lessor at the last address reported to the department, or\notherwise known to the department.\n  (b) On the return of said order to show cause, determination shall\nhave precedence over every other business of the court unless the court\nshall find that some other pending proceeding, having similar statutory\nprecedence, shall have priority. The court may conduct a hearing at\nwhich all interested parties shall have the opportunity to present\nevidence pertaining to the application. If the court shall find that the\nfacts warrant the granting thereof, then the commissioner, or at the\ndiscretion of the commissioner, any person designated by the\ncommissioner, shall be appointed receiver to take charge of the\nfacility. Except in the case where the receiver is assuming an existing\nbona fide arms length lease, the commissioner shall determine a\nreasonable monthly rental for the facility, based on consideration of\nall appropriate factors, including the condition of such facility. The\nrent as determined by the commissioner shall be paid by the receiver to\nthe owners or prime lessors as may be directed by the court for each\nmonth that the receivership remains in effect, provided, however that\nnothing contained herein shall be construed to alter or diminish any\nobligation the operator may have under any currently valid lease.\n  (c) Any receiver appointed pursuant to this subdivision shall have all\nof the powers and duties of a receiver appointed in an action to\nforeclose a mortgage on real property, together with such additional\npowers and duties as are herein granted and imposed. The receiver shall\nwith all reasonable speed but, in any case, within six months after the\ndate on which the receivership was ordered, unless otherwise extended by\nthe court, provide for the orderly transfer of all residents in the\nfacility to other facilities or make other provisions for their\ncontinued safety and care. He shall, during this period, operate the\nfacility in compliance with the applicable law and regulations of the\ndepartment, and shall have such additional powers, approved by the\ncommissioner, to incur expenses as may be necessary to so operate the\nfacility. The receiver shall not be required to file any bond. He shall\ncollect incoming payments from all sources and apply them to the costs\nincurred in the performance of his functions as receiver. The receiver\nshall honor all existing leases, mortgages and chattel mortgages that\nhad previously been undertaken as obligations of the owners or operators\nof the facility. No security interest in any real or personal property\ncomprising the facility or contained within the facility, or in any\nfixture of the facility, shall be impaired or diminished in priority by\nthe receiver. The receiver shall compensate the owners of any goods held\nin inventory for those goods which he uses or causes to be used by\nreimbursing the costs of such goods, except that no such compensation\nshall be made for any such goods for which such owners have already been\nreimbursed.\n  (d) (i) The receiver shall be entitled to a fee and reimbursement for\nexpenses as determined by the commissioner, based upon consideration of\nall appropriate factors relating to the operation of the facility, to be\npaid as a charge against the operator, not to exceed the fees,\ncommissions and necessary expenses authorized to be paid to receivers in\nan action to foreclose a mortgage.\n  (ii) The receiver shall be liable only in his official capacity for\ninjury to person and property by reason of conditions of the facility in\na case where an owner would have been liable; he shall not have any\nliability in his personal capacity, except for gross negligence and\nintentional acts.\n  (iii) The receiver appointed pursuant to this subdivision may, subject\nto approval by the commissioner, ratify any collective bargaining\nagreement in effect between the operator and the employees of a\nfacility, or suspend such collective bargaining agreement, provided\nhowever, that he remain liable for payment of wages and salaries at the\nrates and levels in effect at the time of his appointment.\n  (iv) (A) The receiver shall notify the commissioner of any lien or\nconveyance made in contemplation of receivership with an intent to\nremove an asset of the facility from the jurisdiction and use of the\nreceiver, or to hinder or delay the receiver in the execution of his\nduties and responsibilities as receiver; such notice shall be forwarded\nto the commissioner in a manner to be determined by regulations of the\ndepartment.\n  (B) With respect to any such lien or conveyance, the commissioner\nshall have available any remedy available to a trustee in a bankruptcy\nproceeding pursuant to the federal bankruptcy act or any remedy\navailable to a creditor in a proceeding pursuant to article ten of the\ndebtor and creditor law and may apply to the court to have such lien or\nconveyance set aside, or to have the court make any order which the\ncircumstances of the case may require.\n  (e) (i) The court shall terminate the receivership only under any of\nthe following circumstances:\n  a. six months after the date on which it was ordered, except that the\ncourt may extend such period for good cause shown;\n  b. when the department grants the facility a new operating\ncertificate; or\n  c. at such time as all of the residents in the facility have been\nprovided alternative modes of care, either in another facility or\notherwise; provided, that the residents shall not be removed from the\nfacility unless it is required for the protection of the health, safety\nor welfare of the residents.\n  (ii) At the time of termination of the receivership, the receiver\nshall render a full and complete accounting to the court and shall\ndispose of any profit or surplus money at the direction of the court.\n  (f) (i) Any person who is served a copy of an order of the court\nappointing the receiver shall, upon being notified of the name and\naddress of the receiver, make all payments for goods supplied by the\nfacility, or services rendered by the facility, to the receiver. A\nreceipt shall be given for each such payment, and copies of all such\nreceipts shall be kept on file by the receiver. The amount so received\nshall be deposited by the receiver in a special account which shall also\nbe used for all disbursements made by the receiver.\n  (ii) Any person refusing or omitting to make such a payment after such\nservice and notice may be sued therefor by the receiver. Such person\nshall not in such suit dispute the authority of the receiver to incur or\norder such expenses, or the right of the receiver to have such payments\nmade to him. The receipt of the receiver for any sum paid to him shall,\nin all suits and proceedings and for every purpose, be as effectual in\nfavor of any person holding the same as actual payment of the amount\nthereof to the owner or other person or persons who would, but for the\nprovisions of this subdivision, have been entitled to receive the sum so\npaid. No resident shall be discharged, nor shall any contract or rights\nbe forfeited or impaired, nor any forfeiture or liability be incurred,\nby reason of any omission to pay any owner, contractor or other person\nany sum so paid to the receiver.\n  (g) Any other provision of this chapter notwithstanding, the\ndepartment may, if it deems appropriate, grant to any facility operating\nor scheduled to operate under a receivership authorized by this\nsubdivision an operating certificate the duration of which shall be\nlimited to the duration of the receivership.\n  (h) (i) No provision contained herein shall be deemed to relieve the\noperators, owners or prime lessors, if any, of any civil or criminal\nliability or obligation incurred, or any duty imposed by law, by reason\nof acts or omissions of such persons prior to the appointment of any\nreceiver hereunder. During the period a facility is operated by a\nreceiver, the operator, owner or prime lessor, if any, shall continue to\nbe liable for all obligations for the payment of taxes or other\noperating and maintenance expenses of the facility and the owner or\nother appropriate person shall continue to be liable for the payment of\nmortgages or liens.\n  (ii) Expenses incurred by a receiver to meet the operating and\nmaintenance expenses of the facility and the basic needs of the\nresidents of the facility shall be deemed the obligations of the\noperator, and not the obligation of the receiver or the state.\n  (iii) The receiver shall not be responsible for any obligations\nincurred by the owner, operator or prime lessor, if any, prior to the\nappointment of the receiver.\n  (iv) The receiver shall be entitled to use for operating and\nmaintenance expenses and the basic needs of the residents of the\nfacility a portion of the revenues due the operator during the month in\nwhich the receiver is appointed which portion shall be established on\nthe basis of the amounts of the operating and maintenance expenses for\nsuch month.\n  (v) Any sums determined to be due and owing by the receiver to the\nowner, operator or prime lessor shall be off-set by any charges\ndetermined to be the obligations of the owner, operator or prime lessor.\n  5. (a) Subject to paragraph (c) of this subdivision, the commissioner\nis authorized to make payments to receivers appointed pursuant to the\nprovisions of subdivision three of this section, only if the receiver\ndemonstrates to the satisfaction of the commissioner that the facility's\nfunds which are available are insufficient to meet operating and\nmaintenance expenses of the facility and the basic needs of the\nresidents of the facility.\n  (b) The operator of a facility operated by a receiver pursuant to the\nprovisions of subdivision three of this section shall be liable for all\nmonies made available to the receiver pursuant to the provisions of\nparagraph (a) of this subdivision.\n  (c) To the extent funds are appropriated, payments made pursuant to\nthis section shall be made from the local assistance fund and such\npayments shall be made only if a certificate of allocation and a\nschedule of amounts to be available therefor shall have been issued by\nthe director of the budget, upon the recommendation of the commissioner\nof social services, and a copy of such certificate filed with the\ncomptroller, the chairman of the senate finance committee and the\nchairman of the assembly ways and means committee. Such certificate may\nbe amended from time to time by the director of the budget, upon the\nrecommendation of the commissioner of social services, and a copy of\neach such amendment shall be filed with the comptroller, the chairman of\nthe senate finance committee and the chairman of the assembly ways and\nmeans committee.\n  (d) Any payments made by the department to a receiver pursuant to the\nprovisions of this section shall be made without any obligation on the\npart of the social services district in which the receiver-operated\nfacility is located to reimburse the department for any such payments.\n  6. Nothing contained in this section shall be construed to require the\ncommissioner to seek the appointment of a receiver or to assume the\nresponsibilities of a receiver directly or indirectly through his\ndesignee; nor shall this section authorize any court to compel the\ncommissioner to assume the responsibilities of a receiver or to appoint\na designee to assume such responsibilities.\n
N.Y. PBA Law § 1350 — New York Code / Act PBA / Article 6 / Title 2 / Section 1350
Short title
Status: in_force

§ 1350. Short title. This title may be cited as the "port of Oswego\nauthority act."\n
N.Y. GMU Law § 910-D — New York Code / Act GMU / Article 18-A / Title 2 / Section 910-D
Village of Depew industrial development agency
Status: in_force

* § 910-d. Village of Depew industrial development agency. For the\nbenefit of the village of Depew and the inhabitants thereof, an\nindustrial development agency, to be known as the VILLAGE OF DEPEW\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the village of Depew, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the village of Depew. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expired per § 856\n
N.Y. SOS Law § 461-L — New York Code / Act SOS / Article 7 / Title 2 / Section 461-L
Assisted living program
Status: in_force

§ 461-l. Assisted living program. 1. Definitions. As used in this\nsection, the following words shall have the following meanings:\n  (a) "Assisted living program" means an entity or entities with\nidentical ownership, which are approved to operate pursuant to\nsubdivision three of this section and possesses a valid operating\ncertificate as an adult care facility, other than a shelter for adults,\na residence for adults or a family type home for adults, issued pursuant\nto this article and which possesses either: (i) a valid license as a\nhome care services agency issued pursuant to section thirty-six hundred\nfive of the public health law; or (ii) a valid certificate of approval\nas a certified home health agency issued pursuant to section thirty-six\nhundred six of the public health law; or (iii) valid authorization as a\nlong term home health care program issued pursuant to section thirty-six\nhundred ten of the public health law.\n  (b) "Capitated rate of payment" means the rate established pursuant to\nsubdivision six of section thirty-six hundred fourteen of the public\nhealth law.\n  (c) "Eligible applicant" means:\n  (i) A single entity that is:\n  (A) only a natural person or partnership composed only of natural\npersons, a not-for-profit corporation, a public corporation, a business\ncorporation other than a corporation whose shares are traded on a\nnational securities exchange or are regularly quoted on a national\nover-the-counter market or a subsidiary of such a corporation or a\ncorporation any of the stock of which is owned by another corporation, a\nlimited liability company provided that if a limited liability company\nhas a member that is a corporation, a limited liability company or a\npartnership, the shareholders of the member corporation, the members of\nthe member limited liability company, or the partners of the member\npartnership must be natural persons, a social services district or other\ngovernmental agency which possesses or is eligible pursuant to this\narticle to apply for an adult care facility operating certificate; and\n  (B) either: (1) an entity which possesses or is eligible pursuant to\narticle thirty-six of the public health law to apply for licensure as a\nhome care services agency; (2) an entity which possesses valid\nauthorization as a long term home health care program; or (3) an entity\nwhich possesses a valid certificate of approval as a certified home\nhealth agency pursuant to article thirty-six of the public health law;\nor\n  (ii) One or more entities listed in subparagraph (i) of this paragraph\nwith identical owners that, in combination, meet each of the criteria\nset forth by subparagraph (i) of this paragraph.\n  (d) "Eligible person" means a person who:\n  (i) requires more care and services to meet his or her daily health or\nfunctional needs than can be directly provided by an adult care facility\nand although medically eligible for placement in a residential health\ncare facility, can be appropriately cared for in an assisted living\nprogram and who would otherwise require placement in a residential\nhealth care facility due to factors which may include but need not be\nlimited to the lack of a home or a home environment in which to live and\nreceive services safely; and\n  (ii) is categorized by the long-term care patient classification\nsystem as defined in regulations of the department of health as a person\nwho has a stable medical condition and who is able, with direction, to\ntake action sufficient to assure self-preservation in an emergency. In\nno event shall an eligible person include anyone in need of continual\nnursing or medical care, a person who is chronically bedfast, or anyone\nwho is cognitively, physically or medically impaired to such a degree\nthat his or her safety would be endangered.\n  (e) "Services" shall mean all services for which full payment to an\nassisted living program is included in the capitated rate of payment,\nwhich shall include personal care services, home care services and such\nother services as the commissioner in conjunction with the commissioner\nof health determine by regulation must be included in the capitated rate\nof payment, and which the assisted living program shall provide, or\narrange for the provision of, through contracts with a social services\ndistrict, long term home health care programs, certified home health\nagencies, and other qualified providers.\n  2. General requirements. (a) Applicability. Unless expressly provided\notherwise in this article or article thirty-six of the public health\nlaw, an assisted living program shall be subject to any other law, rule\nor regulation governing adult care facilities, long term home health\ncare programs, certified home health agencies, licensed home care\nagencies or personal care services.\n  (b) If an assisted living program itself is not a certified home\nhealth agency or long term home health care program, the assisted living\nprogram shall contract with one or more certified home health agencies\nand/or long term home health care programs for the provision of services\npursuant to article thirty-six of the public health law.\n  (c) Participation by eligible persons. Participation in an assisted\nliving program by an eligible person shall be voluntary and eligible\npersons shall be provided with sufficient information regarding the\nprogram to make an informed choice concerning participation.\n  (d) Patient services and care. (i) An assisted living program shall,\neither directly or through contract with a long term home health care\nprogram or certified home health agency, conduct an initial assessment\nto determine whether a person would otherwise require placement in a\nresidential health care facility if not for the availability of the\nassisted living program and is appropriate for admission to an assisted\nliving program.\n  (ii) No person shall be determined eligible for and admitted to an\nassisted living program unless the assisted living program finds that\nthe person meets the criteria provided in paragraph (d) of subdivision\none of this section.\n  (iii) Appropriate services shall be provided to an eligible person\nonly in accordance with a plan of care which is based upon an initial\nassessment and periodic reassessments conducted by an assisted living\nprogram, either directly or through contract with a long term home\nhealth care program or certified home health agency. A reassessment\nshall be conducted as frequently as is required to respond to changes in\nthe resident's condition and ensure immediate access to necessary and\nappropriate services by the resident, but in no event less frequently\nthan once every six months. No person shall be admitted to or retained\nin an assisted living program unless the person can be safely and\nadequately cared for with the provision of services determined by such\nassessment or reassessment.\n  (iv) Eligible individuals shall be permitted to receive hospice\nservices from a provider under article forty of the public health law\nwhile continuing to reside in an adult care facility under this title\nand enrolled in the assisted living program, subject to the availability\nof federal financial participation. The commissioner shall make\nregulations and take other actions reasonably necessary and appropriate\nto implement this subparagraph.\n  (e) Medical evaluations. Medical evaluations used to determine that\nthe assisted living program can support the physical, supervisory and\npsycho-social needs of a resident must be conducted within thirty days\nprior to the date of admission and signed by either a physician,\nphysician assistant or nurse practitioner.\n  3. Assisted living program approval. (a) An eligible applicant\nproposing to operate an assisted living program shall submit an\napplication to the department. Upon receipt, the department shall\ntransmit a copy of the application and accompanying documents to the\ndepartment of health. Such application shall be in a format and a\nquantity determined by the department and shall include, but not be\nlimited to:\n  (i) a copy of or an application for an adult care facility operating\ncertificate;\n  (ii) a copy of or an application for a home care services agency\nlicense or a copy of a certificate for a certified home health agency or\nauthorization as a long term home health care program;\n  (iii) a copy of a proposed contract with a social services district or\nin a social services district with a population of one million or more,\na copy of a proposed contract with the social services district or the\ndepartment;\n  (iv) if the applicant is not a long term home health care program or\ncertified home health agency, a copy of a proposed contract with a long\nterm home health care program or certified home health agency for the\nprovisions of services in accordance with article thirty-six of the\npublic health law; and\n  (v) a detailed description of the proposed program including budget,\nstaffing and services.\n  (b) If the application for the proposed program includes an\napplication for licensure as a home care service agency, the department\nof health shall forward the application for the proposed program and\naccompanying documents to the public health and health planning council\nfor its written approval in accordance with the provisions of section\nthirty-six hundred five of the public health law.\n  (c) An application for an assisted living program shall not be\napproved unless the commissioner is satisfied as to:\n  (i) the character, competence and standing in the community of the\noperator of the adult care facility;\n  (ii) the financial responsibility of the operator of the adult care\nfacility;\n  (iii) that the buildings, equipment, staff, standards of care and\nrecords of the adult care facility to be employed in the operation\ncomply with applicable law, rule and regulation;\n  (iv) the commissioner of health is satisfied that the licensed home\ncare agency has received the written approval of the public health and\nhealth planning council as required by paragraph (b) of this subdivision\nand the equipment, personnel, rules, standards of care, and home care\nservices provided by the licensed home care agency and certified home\nhealth agency or long term home health care program are fit and adequate\nand will be provided in the manner required by article thirty-six of the\npublic health law and the rules and regulations thereunder; and\n  (v) the commissioner and the commissioner of health are satisfied as\nto the public need for the assisted living program.\n  (d) The department shall not approve an application for an assisted\nliving program for any eligible applicant who does not meet the\nrequirements of this article, including but not limited to, an eligible\napplicant who is already or within the past ten years has been an\nincorporator, director, sponsor, principal stockholder, member or owner\nof any adult care facility which has been issued an operating\ncertificate by the board or the department, or of a halfway house,\nhostel or other residential facility or institution for the care,\ncustody or treatment of the mentally disabled which is subject to\napproval by an office of the department of mental hygiene, or of any\nresidential health care facility or home care agency as defined in the\npublic health law, unless the department, in conjunction with the\ndepartment of health, finds by substantial evidence as to each such\napplicant that a substantially consistent high level of care has been\nrendered in each such facility or institution under which such person is\nor was affiliated. For the purposes of this paragraph, there may be a\nfinding that a substantially consistent high level of care has been\nrendered despite a record of violations of applicable rules and\nregulations, if such violations (i) did not threaten to directly affect\nthe health, safety or welfare of any patient or resident, and (ii) were\npromptly corrected and not recurrent.\n  (e) The commissioner of health shall provide written notice of\napproval or disapproval of portions of the proposed application\nconcerning a licensed home care agency, certified home health agency or\nlong term home health care program, and, where applicable, of the\napproval or disapproval of the public health and health planning council\nto the commissioner. If an application receives all the necessary\napprovals, the commissioner shall notify the applicant in writing. The\ncommissioner's written approval shall constitute authorization to\noperate an assisted living program.\n  (f) No assisted living program may be operated without the written\napproval of the department, the department of health and, where\napplicable, the public health and health planning council.\n  (g) Notwithstanding any other provision of law to the contrary, any\nassisted living program having less than seventy-five authorized bed\nslots, located in a county with a population of more than one hundred\nten thousand and less than one hundred fifty thousand persons based upon\nthe decennial federal census for the year two thousand, and which at any\npoint in time is unable to accommodate individuals awaiting placement\ninto the assisted living program, shall be authorized to increase the\nnumber of assisted living beds available for a specified period of time\nas part of a demonstration program by up to thirty percent of its\napproved bed level; provided, however, that such program shall otherwise\nsatisfy all other assisted living program requirements as set forth in\nthis section. In addition, any program which receives such authorization\nand which at any point on or after July first, two thousand five is\nunable to accommodate individuals awaiting placement into the assisted\nprogram, shall be authorized to further increase the number of assisted\nliving beds available as part of this demonstration program by up to\ntwenty-five percent of its bed level as of July first, two thousand\nfive; provided, however, that such program shall otherwise satisfy all\nother assisted living program requirements as set forth in this section.\n  (h) The commissioner is authorized to add one thousand five hundred\nassisted living program beds to the gross number of assisted living\nprogram beds having been determined to be available as of April first,\ntwo thousand seven.\n  (i) (a) The commissioner of health is authorized to add up to six\nthousand assisted living program beds to the gross number of assisted\nliving program beds having been determined to be available as of April\nfirst, two thousand nine. Nothing herein shall be interpreted as\nprohibiting any eligible applicant from submitting an application for\nany assisted living program bed so added. The commissioner of health\nshall not be required to review on a comparative basis applications\nsubmitted for assisted living program beds made available under this\nparagraph. The commissioner of health shall only authorize the addition\nof six thousand beds pursuant to a seven year plan ending prior to\nJanuary first, two thousand seventeen.\n  (b) The commissioner of health shall provide an annual written report\nto the chair of the senate standing committee on health and the chair of\nthe assembly health committee no later than January first of each year.\nSuch report shall include, but not be limited to, the number of assisted\nliving program beds made available pursuant to this section by county,\nthe total number of assisted living program beds by county, the number\nof vacant assisted living program beds by county, and any other\ninformation deemed necessary and appropriate.\n  (j) The commissioner of health is authorized to add up to four\nthousand five hundred assisted living program beds to the gross number\nof assisted living program beds having been determined to be available\nas of April first, two thousand twelve. Applicants eligible to submit an\napplication under this paragraph shall be limited to adult homes\nestablished pursuant to section four hundred sixty-one-b of this article\nwith, as of September first, two thousand twelve, a certified capacity\nof eighty beds or more in which twenty-five percent or more of the\nresident population are persons with serious mental illness as defined\nin regulations promulgated by the commissioner of health. The\ncommissioner of health shall not be required to review on a comparative\nbasis applications submitted for assisted living program beds made\navailable under this paragraph.\n  (k) (i) Existing assisted living program providers may apply to the\ndepartment of health for approval to add up to nine additional assisted\nliving program beds that do not require major renovation or\nconstruction. Eligible applicants are those that agree to dedicate such\nbeds to serve only individuals receiving medical assistance, are in good\nstanding with the department of health, and are in compliance with\nappropriate state and local requirements as determined by the department\nof health.\n  (ii) Existing assisted living program providers licensed on or before\nApril first, two thousand eighteen may submit applications under this\nparagraph beginning no later than June thirtieth, two thousand eighteen\nand until a deadline to be determined by the department of health.\nExisting assisted living program providers licensed on or before April\nfirst, two thousand twenty may submit such applications beginning no\nlater than June thirtieth, two thousand twenty and until a deadline to\nbe determined by the department of health.\n  (iii) The number of additional assisted living program beds approved\nunder this paragraph shall be based on the total number of previously\nawarded beds either withdrawn by applicants or denied by the department\nof health. The commissioner of health shall utilize an expedited review\nprocess allowing certification of the additional beds within ninety days\nof such department's receipt of a satisfactory application.\n  (l) (i) The commissioner of health is authorized to solicit and award\napplications for up to a total of five hundred new assisted living\nprogram beds in those counties where there is one or no assisted living\nprogram providers, pursuant to criteria to be determined by the\ncommissioner.\n  (ii) The commissioner of health is authorized to solicit and award\napplications for up to five hundred new assisted living program beds in\ncounties where utilization of existing assisted living program beds\nexceeds eighty-five percent. All applicants shall comply with federal\nhome and community-based settings requirements, as set forth in 42 CFR\nPart 441 Subpart G. To be eligible for an award, an applicant must agree\nto:\n  (A) Dedicate such beds to serve only individuals receiving medical\nassistance;\n  (B) Develop and execute collaborative agreements within twenty-four\nmonths of an application being made to the department of health, in\naccordance with guidance to be published by such department, between at\nleast one of each of the following entities: an adult care facility; a\nresidential health care facility; and a general hospital; and\n  (C) Enter into an agreement with an existing managed care entity.\n  (iii) The commissioner of health is authorized to award any assisted\nliving program beds for which a solicitation is made under subparagraph\n(i) of this paragraph, but which are not awarded, to applicants that\nmeet all applicable criteria pursuant to a solicitation made under\nsubparagraph (ii) of this paragraph.\n  (m) Beginning April first, two thousand twenty-five, additional\nassisted living program beds shall be approved on a case by case basis\nwhenever the commissioner of health is satisfied that public need exists\nat the time and place and under circumstances proposed by the applicant.\n  (i) The consideration of public need may take into account factors\nsuch as, but not limited to, regional occupancy rates for adult care\nfacilities and assisted living program occupancy rates and the extent to\nwhich the project will serve individuals receiving medical assistance.\n  (ii) Existing assisted living program providers may apply for approval\nto add up to nine additional assisted living program beds that do not\nrequire major renovation or construction under an expedited review\nprocess. The expedited review process is available to applicants that\nare in good standing with the department of health, and are in\ncompliance with appropriate state and local requirements as determined\nby the department of health. The expedited review process shall allow\ncertification of the additional beds for which the commissioner of\nhealth is satisfied that public need exists within ninety days of such\ndepartment's receipt of a satisfactory application.\n  (n) The commissioner of health is authorized to create a program to\nsubsidize the cost of assisted living for those individuals living with\nAlzheimer's disease and dementia who are not eligible for medical\nassistance pursuant to title eleven of article five of this chapter and\nreside in a special needs assisted living residence certified under\nsection forty-six hundred fifty-five of the public health law. Subject\nto appropriations, the program shall authorize vouchers to individuals\nthrough an application process and pay for up to seventy-five percent of\nthe average private pay rate in the respective region. The commissioner\nof health may propose rules and regulations to effectuate this\nprovision.\n  4. Revocation, suspension, limitation or annulment. Authorization to\noperate an assisted living program may be revoked, suspended, limited or\nannulled by the commissioner in accordance with the provisions of this\narticle if the adult care facility fails to comply with applicable\nprovisions of this chapter or rules or regulations promulgated hereunder\nor by the commissioner of health in accordance with the provisions of\narticle thirty-six of the public health law if the licensed home care\nservice agency, certified home health agency or long term home health\ncare program fails to comply with the provisions of article thirty-six\nof the public health law or rules or regulations promulgated thereunder.\n  5. Rules and regulations. The commissioner and the commissioner of\nhealth shall jointly promulgate any rules and regulations necessary to\neffectuate the provisions and purposes of this section and section\nthirty-six hundred fourteen of the public health law. Such regulations\nshall provide that the department and the department of health shall\ncoordinate their surveillance and enforcement efforts, including but not\nlimited to, on-site surveys of assisted living programs.\n  6. Report. The commissioner and the commissioner of health shall\nsubmit a joint report to the governor, the temporary president of the\nsenate, the speaker of the assembly, the state hospital review and\nplanning council and health systems agencies on or before March first,\nnineteen hundred ninety-three which shall include a description of the\nprograms, including the number of programs established and authorized by\ngeographic area, the cost of the program, including the savings to state\nand local governments, the number of persons served by the program by\ngeographic area, a description of the demographic and clinical\ncharacteristics of patients served by the program and an evaluation of\nthe quality of care provided to persons served by the program. Such\nreport shall be utilized by the department of health in estimating\nstatewide need for long term care beds for the planning target year next\nsucceeding nineteen hundred ninety-three. In addition, the state\nhospital review and planning council shall consider the results of such\nreport in approving the methodology for determining statewide need for\nlong term care beds for the planning target year next succeeding\nnineteen hundred ninety-three.\n
N.Y. SOS Law § 472-P — New York Code / Act SOS / Article 9-A / Title 2 / Section 472-P
Property exempt from taxation
Status: in_force

§ 472-p.  Property exempt from taxation.  So long as the property of\nsaid corporation shall be used for charitable purposes only, such\nproperty, both real and personal, shall be exempt from taxation.\n
N.Y. GMU Law § 902-B — New York Code / Act GMU / Article 18-A / Title 2 / Section 902-B
City of Hudson industrial development agency
Status: in_force

* § 902-b. City of Hudson industrial development agency. For the\nbenefit of the city of Hudson and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the CITY OF HUDSON INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies and provided that the exercise of\nthe powers by such agency with respect to the acquisition of real\nproperty whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the city of Hudson, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the governing body of the city of Hudson. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBA Law § 1031 — New York Code / Act PBA / Article 5 / Title 2 / Section 1031
Properties acquired by the authority
Status: in_force

* § 1031. Properties acquired by the authority. The board of\nsupervisors, when appointing the authority, may adopt a resolution\nproviding, or it may by later agreement with the authority provide, that\nall properties acquired by the authority shall be acquired in or\ntransferred to the name of the county or taken and held by the authority\nas a governmental agency of the county. The board of supervisors may at\nsuch time or by a later resolution provide that the county shall raise\nall or any part of the money necessary for the purposes of this title\nand may provide a fund from which appropriations may be made by the\nboard of supervisors for the acquisition, construction and equipment of\nsuch properties, and to pay all costs, charges, expenses and liabilities\nincurred or to be incurred by the authority, or which the county may\nproperly advance to the authority for the purposes of this title. The\ncounty shall be reimbursed out of the revenues of the authority for any\nmoneys so paid. In making advances to the authority the board of\nsupervisors may require a resolution of the authority and agreements by\nit pledging the revenues of the authority to the county and giving to\nthe county a prior charge upon such revenues substantially as provided\nunder section one thousand thirty-five, and limiting the power of the\nauthority including the power to issue any obligations of its own under\nthis title. Whenever the authority shall be and continue in default for\na period exceeding thirty days in meeting any obligation it may have\nassumed to the county, the board shall also have power by resolution to\nremove any one or more or all of the members and to fill the vacancies\ncaused thereby.\n  * NB Terminated July 1, 1963\n
N.Y. PBA Law § 3872 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3872
Effect of inconsistent provisions
Status: in_force

§ 3872. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of any charter, local law, ordinance or\nresolution of any municipality, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title.\n
N.Y. VAT Law § 260 — New York Code / Act VAT / Title 2 / Article 3-A / Section 260
Appeals board; functions
Status: in_force

§ 260. Appeals board; functions. 1. Appeals board. The appeals board\nestablished pursuant to article two-A of this chapter shall also\nconstitute the appeals board for the purposes of this article.\n  2. Functions. Each appeal filed pursuant to this article shall be\nreviewed by the appeals board, which shall make a determination of such\nappeal, and shall cause an appropriate order to be entered in the\nrecords of the department.\n
N.Y. SOS Law § 64 — New York Code / Act SOS / Article 3 / Title 2 / Section 64
Separation of social services from eligibility and assistance payments functions
Status: in_force

§ 64. Separation of social services from eligibility and assistance\npayments functions. Notwithstanding any provision of law, rule or\nregulation every social services district shall be organized to effect a\nseparation of social services from eligibility and assistance payments\nfunctions as follows:\n  1. The commissioner shall issue within ten days of the effective date\nhereof, guidelines to the social services districts of the state\noutlining the principles and purposes to be attained in the separation\nof social services from the functions of eligibility and assistance\npayments, and defining the content of services which may be included\nunder the term "social services" and of the functions associated with\neligibility and assistance payments.\n  2. Each social services district shall submit to the commissioner by\nJuly first, nineteen hundred seventy-one, its own plan for separation,\ntogether with its timetable for implementation of the plan.\n  3. Upon finding that the plan conforms to the applicable minimum\nfederal requirements, the commissioner shall approve such plan.\n  4. Each social services district shall submit to the commissioner, in\naccordance with applicable federal law and regulations, modifications of\nits approved plan for separation of social services from eligibility and\nassistance payments functions. Each social services district shall\nprepare, in accordance with applicable federal law and regulations, for\nthe effective operation of such approved plan as so modified.\n
N.Y. GMU Law § 922-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 922-A
Village of Hastings-on-Hudson industrial development agency
Status: in_force

* § 922-a. Village of Hastings-on-Hudson industrial development\nagency.  (a) For the benefit of the village of Hastings-on-Hudson,\nWestchester county, and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the VILLAGE OF HASTINGS-ON-HUDSON\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall have, in addition to the\npowers granted herein, all the powers and duties now or hereafter\nconferred by title one of article eighteen-A of this chapter upon\nindustrial development agencies, provided that in the exercise of the\npowers by such agency with respect to the acquisition and use of real\nproperty such agency shall take into consideration local zoning and\nplanning regulations as well as regional and local comprehensive land\nuse plans. It shall be organized in the manner prescribed by and, except\nas provided specifically herein, shall be subject to the provisions of\ntitle one of article eighteen-A of this chapter. The agency, its\nmembers, officers and employees and its operations and activities,\nexcept as provided specifically herein, shall be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  (b) In addition to the powers and duties now or hereinafter conferred\nby title one of article eighteen-A of this chapter, the agency shall\nhave the power (i) to acquire, construct, renovate, own, maintain,\nimprove, equip and lease, with an option to buy, or sell any interest in\none or more warehousing facilities, including, without limitation,\nstorage tanks for oil and other petroleum products, whether presently\nexisting or to be constructed, together with necessary harbor\nfacilities, loading facilities, roadways, equipment and other related\nfacilities necessary or convenient thereto and (ii) to finance the\nacquisition of such facilities through the issuance of its bonds and\nnotes, when, in the judgment of the agency, such facilities will serve\nto promote, develop, encourage and assist in the acquiring,\nconstructing, reconstructing, improving, maintaining, equipping and\nfurnishing industrial, manufacturing, warehousing, commercial, and\nresearch facilities including industrial pollution control facilities\nand thereby advance the job opportunities, health, general prosperity\nand economic welfare of the people of the state of New York and improve\ntheir prosperity and standard of living.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PBH Law § 3312 — New York Code / Act PBH / Article 33 / Title 2 / Section 3312
Application for initial license
Status: in_force

§ 3312. Application for initial license.  1. An applicant for an\ninitial license to manufacture or distribute controlled substances shall\nfurnish to the department such information as it shall require and\nevidence that the applicant:\n  (a) and its managing officers are of good moral character;\n  (b) possesses sufficient land, buildings and equipment to properly\ncarry on the activity described in the application;\n  (c) is able to maintain effective control against diversion of the\ncontrolled substances for which the license is sought;\n  (d) is able to comply with all applicable state and federal laws and\nregulations relating to the manufacture or distribution of the\ncontrolled substances for which the license is sought.\n  2. The application shall include the name, residence address and title\nof each of the officers and directors and the name and residence address\nof any person having a ten percentum or greater proprietary, beneficial,\nequitable or credit interest in the applicant. Each such person, if an\nindividual, or lawful representative if a legal entity, shall submit an\naffidavit with the application setting forth:\n  (a) any position of management or ownership during the preceding ten\nyears of a ten percentum or greater interest in any other business,\nlocated in or outside this state, manufacturing or distributing drugs;\nand\n  (b) whether such person or any such business has been convicted,\nfined, censured or had a license suspended or revoked in any\nadministrative or judicial proceeding relating to or arising out of the\nmanufacture or distribution of drugs; and\n  (c) such other information as the commisisoner may require.\n  3. The applicant shall be under a continuing duty to report to the\ndepartment any change in facts or circumstances reflected in the\napplication on any newly discovered or occurring fact or circumstance\nwhich is required to be included in the application.\n
N.Y. PBA Law § 3857 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3857
City financial plans
Status: in_force

§ 3857. City financial plans. 1. Commencing with the city's two\nthousand four--two thousand five fiscal year, the mayor shall prepare\nand submit to the authority a four-year financial plan, and the mayor's\nproposed city budget, not later than the date required for submission of\nsuch budget to the council pursuant to the city charter. Such financial\nplan shall, in addition to the requirements for financial plans set\nforth in subdivisions two and three of this section, contain actions\nsufficient to ensure with respect to the major operating funds for each\nfiscal year of the plan that annual aggregate operating expenses for\nsuch fiscal year shall not exceed annual aggregate operating revenues\nfor such fiscal year. For purposes of determining operating revenues in\nthe fiscal years ending June thirtieth, two thousand four through two\nthousand seven, such plan may assume receipt by the city of BFSA\nassistance in the following collective amounts for each respective\nfiscal year:\n          Amount         Fiscal Year Ending\n          2004 amount    2004\n          2005 amount    2005\n          2006 amount    2006\n          2007 amount    2007\nAs used in this subdivision:\n"2004 amount" means that amount expected to be provided by the authority\nto   ensure   balanced   major   operating   fund  operations  upon  its\ndetermination that the city has taken recurring actions to close between\nthirty-five per centum and forty per centum of the projected gap.\n"2005 amount" means that amount expected to be provided by the authority\nto  ensure  balanced  major   operating   fund   operations   upon   its\ndetermination that the city has taken recurring actions to close between\nforty-five per centum and fifty per centum of the projected gap.\n"2006 amount" means that amount expected to be provided by the authority\nto   ensure   balanced   major   operating   fund  operations  upon  its\ndetermination that the city has taken recurring actions to close between\nsixty per centum and sixty-five per centum of the projected gap.\n"2007 amount" means that amount expected to be provided by the authority\nto  ensure  balanced  major   operating   fund   operations   upon   its\ndetermination that the city has taken recurring actions to close between\neighty per centum and eighty-five per centum of the projected gap.\n  2. Each financial plan and financial plan modification shall conform\nto the requirements of paragraph (a) of this subdivision and shall\nprovide that the major operating funds of the city will be balanced in\naccordance with generally accepted accounting principles. The financial\nplan shall be developed and approved, and may from time to time be\nmodified, in accordance with the following procedures:\n  (a) The mayor shall submit to the authority a certificate stating that\nthe budget submitted to the authority is consistent with the financial\nplan submitted therewith and that operation within the budget is\nfeasible.\n  (a-1) Prior to the approval or disapproval of the financial plan of\nthe city by the authority, the authority shall request community,\neducational or other entity or entities to seek public input and comment\nrelating to the city's and/or any covered organization's financial plan.\nSuch community, educational or other entity or entities shall report to\nthe authority on such public input and comment ten days after the city\nhas submitted the financial plan to the authority. The authority shall\nevaluate any proposals submitted to the authority for cost savings\nand/or service delivery enhancement in the city, and shall periodically,\nat least twice a year, summarize in a public report the authority's\nfindings with respect to such proposals that, in the opinion of the\nauthority, merit further consideration based on their potential impact\non the city's budget. The authority shall provide public notice of the\ndates on which it plans to make such public reports.\n  (b) Not more than twenty days after submission of a financial plan or\nmore than fifteen days after submission of a financial plan\nmodification, the authority shall determine whether the financial plan\nor financial plan modification is complete and complies with the\nprovisions of this section and section thirty-eight hundred fifty-six of\nthis title and the other requirements of this title, and shall submit\nits recommendations with respect to the financial plan or financial plan\nmodification in accordance with the provisions of this subdivision.\n  (c) Upon the approval by the city of a budget in accordance with the\nprovisions of the city charter, the mayor shall submit such approved\nbudget and financial plan to the authority accompanied by expenditure,\nrevenue and cash flow projections on a quarterly basis and certify to\nthe authority that such budget is consistent with the financial plan to\nbe submitted to the authority.\n  (d) If the authority determines that the financial plan or financial\nplan modification provided pursuant to paragraph (c) or (f) of this\nsubdivision or section thirty-eight hundred fifty-six of this title is\ncomplete and complies with the standards set forth in this subdivision,\nthe authority shall make a certification to the city setting forth\nrevenue estimates agreed to by the authority in accordance with such\ndetermination.\n  (e) The authority shall, in the event it disagrees with elements of\nthe financial plan provided pursuant to paragraph (c) or (f) of this\nsubdivision, or section thirty-eight hundred fifty-six of this title,\nprovide notice thereof to the city, with copies to the director of the\nbudget, the state comptroller, the chair of the assembly ways and means\ncommittee and the chair of the senate finance committee, if, in the\njudgment of the authority, such plan: (i) is incomplete; (ii) fails to\ncontain projections of revenues and expenditures that are based on\nreasonable and appropriate assumptions and methods of estimations; (iii)\nfails to provide that operations of the city and the covered\norganizations will be conducted within the cash resources available; or\n(iv) fails to comply with the provisions of this title or other\nrequirements of law.\n  (f) After the initial adoption of an approved financial plan, the\nrevenue estimates certified by the authority and the financial plan\nshall be regularly reexamined by the authority in consultation with the\ncity and the covered organizations and the mayor shall provide a\nmodified financial plan in such detail and within such time periods as\nthe authority may require. In the event of reductions in such revenue\nestimates, or in the event the city or a covered organization shall\nexpend funds at a rate that would exceed the aggregate expenditure\nlimitation for the city or covered organization prior to the expiration\nof the fiscal year, the mayor shall submit a financial plan modification\nto effect such adjustments in revenue estimates and reductions in total\nexpenditures as may be necessary to conform to such revised revenue\nestimates or aggregate expenditure limitations.\n  (g) If, within a time period specified by the authority, the city\nfails to make such modifications after reductions in revenue estimates,\nor to provide a modified plan in detail and within such time period\nrequired by the authority, the authority shall adopt a resolution so\nfinding and shall, as soon as practicable thereafter, formulate and\nadopt a financial plan to be effective until the authority approves a\nfinancial plan submitted by the city. All budgets and operations of the\ncity or a covered organization shall be in conformance and compliance\nwith the financial plan then in effect.\n  (h) The city shall amend its budget or shall submit a financial plan\nmodification for the approval of the authority such that the city's\nbudget and the approved financial plan shall be consistent. In no event\nshall the city operate under a budget that is inconsistent with an\napproved financial plan.\n  3. The financial plan shall be in such form and shall contain such\ninformation for each year during which the financial plan is in effect\nas the authority may specify, and shall include the city and all the\ncovered organizations, and shall, in such detail as the authority from\ntime to time may prescribe, include (a) statements of all estimated\nrevenues and of all expenditures and cash flow projections of the city\nand each covered organization, and (b) an accounting of the expenditure\nof efficiency incentive grants available to the city for each year of\nthe plan.\n  4. The financial plan shall include any information which the\nauthority may request to satisfy itself that (a) projected employment\nlevels, collective bargaining agreements and other actions relating to\nemployee costs, capital construction and such other matters as the\nauthority may specify are consistent with the provisions made for such\nobligations in the financial plan, (b) the city and the covered\norganizations are taking whatever action is necessary with respect to\nprograms mandated by state and federal law to ensure that expenditures\nfor such programs are limited to and covered by the expenditures stated\nin the financial plan, (c) adequate reserves are provided to maintain\nessential programs in the event revenues have been overestimated or\nexpenditures underestimated for any period, and (d) the city has\nadequate cash resources to meet its obligations. In addition, except to\nthe extent such reporting requirements may be modified pursuant to\nagreement between the authority and the city, for each fiscal year\noccurring during a control period, or while bonds, notes or other\nobligations issued pursuant to this title are outstanding, the mayor\nshall prepare a quarterly report of summarized budget data depicting\noverall trends, by major category within funds, of actual revenues and\nbudget expenditures for the entire budget rather than individual line\nitems, as well as updated quarterly cash flow projections of receipts\nand disbursements. Such reports shall compare revenue estimates and\nappropriations as set forth in such budget and in the quarterly revenue\nand expenditure projections submitted therewith, with the actual\nrevenues and expenditures made to date. Such reports shall also compare\nactual receipts and disbursements with the estimates contained in the\ncash flow projections, together with variances and their explanation.\nAll quarterly reports shall be accompanied by recommendations from the\nmayor to the council setting forth any remedial action necessary to\nresolve any unfavorable budget variance including the overestimation of\nrevenues and the underestimation of appropriations. These reports shall\nbe completed within thirty days after the end of each quarter and shall\nbe submitted to the council, the authority, the director of the budget\nand the state comptroller. For each fiscal year occurring during a\ncontrol or advisory period or while bonds, notes or other obligations\nissued pursuant to this title are outstanding, the mayor shall submit a\nproposed budget or revision thereto to the authority concurrent with\nsubmission to the council, and shall submit the adopted budget to the\nauthority immediately upon its adoption.\n  5. For each financial plan and financial plan modification to be\nprepared and submitted by the mayor to the authority pursuant to the\nprovisions of this section, the covered organizations shall submit to\nthe city such information with respect to their projected expenditures,\nrevenues and cash flows for each of the years covered by such financial\nplan or modification as the mayor shall determine.\n
N.Y. GMU Law § 755 — New York Code / Act GMU / Article 17-A / Title 2 / Section 755
Referendum resolution for consolidation of towns or villages
Status: in_force

§ 755. Referendum resolution for consolidation of towns or villages.\n1. If a joint consolidation agreement calls for the consolidation of two\nor more towns, two or more villages or one or more towns and villages,\nthen contemporaneous with the final approval of the joint consolidation\nagreement pursuant to subdivision three of section seven hundred\nfifty-four of this title, the governing body or bodies of the local\ngovernment entities to be consolidated shall enact a resolution calling\nfor a referendum on the proposed consolidation by the electors in each\nof the entities.\n  2. The resolution calling for the referendum on the proposed\nconsolidation shall:\n  (a) provide (i) the name of each of the towns and/or villages proposed\nto be consolidated, (ii) a statement fully describing the territory to\nbe included within the proposed consolidated local government entity,\n(iii) the name of the proposed consolidated local government entity, and\n(iv) the date for the referendum, in accordance with subdivision one of\nsection seven hundred fifty-eight of this title;\n  (b) state the substance of the question to be submitted to the\nelectors; and\n  (c) set forth such other matters as may be necessary to call, provide\nfor and give notice of the referendum and to provide for the conduct\nthereof and the canvass of the returns thereupon.\n  3. The resolution calling for a referendum on the proposed\nconsolidation shall have attached to it the final approved version of\nthe joint consolidation agreement.\n
N.Y. PBH Law § 238-E — New York Code / Act PBH / Article 2 / Title 2-D / Section 238-E
Study of referrals by practitioners
Status: in_force

§ 238-e. Study of referrals by practitioners.  1. The commissioner may\nconduct a study of the ownership of or financial interests in health\ncare providers by referring practitioners. Such study shall investigate:\n(a) the types of such ownership arrangements and types of services\noffered under such arrangements; (b) the effect of such arrangements on\nthe utilization of health or health related items and services; and (c)\nthe effect of such arrangements on independent providers of similar\nservices.\n  2. For the purposes of the study authorized by this section, the\ncommissioner is authorized to request and any health care provider or\npractitioner shall provide, such information regarding those matters\nwhich the commissioner is authorized to study pursuant to subdivision\none of this section in such form as may be prescribed by the\ncommissioner.\n  3. Patient and practitioner identifying information collected pursuant\nto this section shall be confidential and not subject to disclosure.\n
N.Y. RPT Law § 489-BBB — New York Code / Act RPT / Article 4 / Title 2-C / Section 489-BBB
Industrial and commercial incentive board
Status: in_force

§ 489-bbb. Industrial and commercial incentive board.  Any city of one\nmillion or more persons may, by local law, establish an industrial and\ncommercial incentive board to consist of the deputy mayor for, economic\npolicy and development, who shall be chairman of the board, the\ncommissioner of finance, the chairman of the city planning commission\nand the director of management and budget, each of whom shall have the\npower to designate an alternate to represent him at board meetings with\nall the rights and powers, including the right to vote, reserved to all\nboard members, provided that such designation be in writing to the\nchairman of the board, and three other members to be appointed by the\nmayor.  In addition, the borough president of each borough or his\ndesignated representative, shall be a member of such board for the\npurpose of taking action with respect to property located in his\nborough. The members of any board established pursuant to this section\nwho shall be agents, officers, or employees of said city shall serve\nwithout compensation but shall be reimbursed for expenses necessarily\nincurred in the performance of their duties. The members of any board\nestablished pursuant to this section who are not agents, officers, or\nemployees of said city shall receive as compensation for their services\none hundred dollars per diem, provided, however, that the total\ncompensation paid to any such member shall not exceed twelve hundred\ndollars for any calendar year. Four members of any such board shall\nconstitute a quorum.\n
N.Y. PBH Law § 2223 — New York Code / Act PBH / Article 22 / Title 2 / Section 2223
Tuberculosis; carelessness of patients; violation and penalty; duty of health officer
Status: in_force

§ 2223. Tuberculosis; carelessness of patients; violation and penalty;\nduty of health officer.  1. Any person having tuberculosis who shall\ndispose of his sputum, saliva or other bodily secretion or excretion so\nas to cause offense or danger to any person or persons occupying the\nsame room or apartment, house, or part of a house, shall on complaint of\nany person or persons subjected to such offense or danger, be deemed\nguilty of a nuisance and any persons subjected to such a nuisance may\nmake complaint in person or writing to the health officer of the local\nhealth district where the nuisance complained of is committed.\n  2. It shall be the duty of the local health officer receiving such\ncomplaint to investigate and if it appears that the nuisance complained\nof is such as to cause offense or danger to any person occupying the\nsame room, apartment, house or part of a house, he shall serve a notice\nupon the person so complained of, reciting the alleged cause of offense\nor danger and requiring him to dispose of his sputum, saliva or other\nbodily secretion or excretion in such a manner as to remove all\nreasonable cause of offense or danger.\n  3. Any person failing or refusing to comply with orders or regulations\nof the local health officer requiring him to cease to commit such\nnuisance, shall be deemed guilty of a misdemeanor and on conviction\nthereof shall be fined not more than ten dollars.\n
N.Y. PBH Law § 236-B — New York Code / Act PBH / Article 2 / Title 2-C / Section 236-B
Rural health council
Status: in_force

§ 236-b. Rural health council. 1. There shall be established within\nthe office a rural health council to be composed of twenty-one members\nwho shall be appointed by the governor, with ten of these members\nappointed as follows:\n  a. four members upon the recommendation of the temporary president of\nthe senate;\n  b. one member upon the recommendation of the minority leader of the\nsenate;\n  c. four members upon the recommendation of the speaker of the\nassembly; and\n  d. one member upon the recommendation of the minority leader of the\nassembly.\n  Vacancies in the membership of such council shall be filled by the\nappropriate appointing authority. The governor shall select a\nchairperson from among the members of the council. The members of the\ncouncil shall be reflective of the state's rural areas, as defined in\nsubdivision seven of section four hundred eighty-one of the executive\nlaw, and shall include representatives of health care providers that\ncomprise the health care delivery system in the state's rural areas,\nindividuals with expertise in clinical and administrative aspects of\nhealth care delivery, health care financing and reimbursement, health\ncare regulation, public health, health planning, health workforce\neducation, and behavioral health.\n  2. The rural health council shall be responsible for advising the\ncommissioner with respect to all aspects of rural health care and rural\nhealth care delivery including, but not limited to, the impact of\nproposed programs, statutes, regulations and health care reimbursement\npolicies. The rural health council shall also assist the office with its\nresponsibilities as delineated in section two hundred thirty-six of this\ntitle; contribute to the biennial report required pursuant to section\ntwo hundred thirty-seven of this title, and act as liaison and advocate\non rural health matters.\n  3. The rural health council shall recommend to the department\ncost-effective ways to obtain timely data on the status of the health\ncare workforce supply in rural areas. At least once every three years\nthe rural health council shall, in conjunction with the office, submit a\nreport to the regional economic development councils on the status of\nthe health care workforce supply in their respective regions to the\nextent data on the health care workforce supply is available.\n  4. Staff support for the rural health council shall be provided for by\nthe office as provided for in section two hundred thirty-six of this\ntitle.\n  5. The rural health council shall meet as frequently as its business\nmay require, but not less than two times a year. Meetings may be called\nby the chairperson at the request of the commissioner.\n  6. The entirety of each meeting of the rural health council shall be\nlive webcast to the public on the department's website, and archived on\nthe department's website, for a period of no less than two years, within\ntwenty-four hours of the adjournment of the last meeting. The department\nshall provide notice to the public, via the department's website, of the\navailability of the live webcast of each such meeting.\n  7. The members of the rural health council shall receive no\ncompensation for their services, but shall be allowed their actual and\nnecessary expenses incurred in the performance of their duties\nhereunder.\n
N.Y. MDW Law § 117 — New York Code / Act MDW / Article 4 / Title 2 / Section 117
Employees' water-closets
Status: in_force

§ 117. Employees' water-closets. Water-closet compartments provided\nfor domestic servants of tenants in multiple dwellings shall comply with\nthe applicable provisions of section seventy-six.\n
N.Y. GMU Law § 925-L — New York Code / Act GMU / Article 18-A / Title 2 / Section 925-L
County of Rockland industrial development agency
Status: in_force

* § 925-l. County of Rockland industrial development agency. (a) For\nthe benefit of Rockland county and the inhabitants thereof an industrial\ndevelopment agency, to be known as the COUNTY OF ROCKLAND INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties conferred by\ntitle one of article eighteen-A of this chapter upon industrial\ndevelopment agencies, except as provided herein, and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase or otherwise, shall be limited to the\ncorporate limits of Rockland county, and such agency shall take into\nconsideration the local zoning and planning regulations as well as the\nregional and local comprehensive land use plans.\n  (b) It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter,\nexcept that its board shall consist of five members who shall be\nappointed by the county executive, subject to confirmation by the\ngoverning body of Rockland county, for a term of three years, and except\nthat of the members initially appointed to said board, two shall be\nappointed for a term of one year, two shall be appointed for a term of\ntwo years and one shall be appointed for a term of three years.\n  (c) The by-laws and any amendment, revision or modification thereof,\nadopted by the board of the agency shall have force or effect only after\nthey have been approved by the governing body and the county executive\nof Rockland county.\n  (d) No action taken at any meeting of the board pursuant to\nsubdivisions three and four except for condemnation proceedings, nine,\nten, twelve or thirteen of section eight hundred fifty-eight of this\nchapter shall have force or effect until the county executive of\nRockland county shall have an opportunity to approve or veto the same.\nFor the purpose of procuring such approval or veto, the secretary or\nother officer of the board in charge of the minutes of the proceedings\nof the board shall transmit to the chairman of the county legislature\nand the county executive at their offices a certified copy of the\nminutes of every meeting of the board as soon after the holding of such\nmeeting as such minutes can be prepared.  The county executive shall\nwithin ten days, Saturdays, Sundays and public holidays excepted, after\nsuch minutes shall have been delivered to his office as aforesaid, cause\nthe same to be returned to the board either with his approval or with\nhis veto of any action therein recited, provided, however, that if the\ncounty executive shall not return the said minutes within the said\nperiod then at the expiration thereof any action therein recited will\nhave full force and effect according to the wording thereof.\n  (e) Any and all transactions of private or non-agency business or of a\nprivate or non-agency commercial nature by and between members of the\nboard and clients of or persons transacting business with the agency\nshall be entered fully and clearly upon the minutes of the next meeting\nof the board.\n  (f) The agency shall file with the county legislature and the county\nexecutive a complete financial statement concerning all of its affairs\nwithin thirty days of the end of each of its fiscal years.\n  (g) The books and records of the agency shall be audited annually by\nthe department of audit of Rockland county and shall be subject to the\nprovisions of the Freedom of Information Law.\n  (h) The agency shall have the power to issue negotiable bonds as\nprovided in title one of article eighteen-A of this chapter, provided,\nhowever, that no projects shall be approved that would result in a net\nloss of jobs in the county and that not more than fifteen per centum of\ncurrent agency indebtedness has been incurred for the financing of\npollution control projects.\n  (i) Agency projects and projects promoted, developed and assisted by\nthe agency shall be liable for payment in lieu of taxes in a sum equal\nto the full amount of real property and school taxes that would have\nbeen levied absent agency assistance, or, with the written agreement of\nany applicable taxing jurisdiction, in a sum equal to such lesser amount\nthereof as such taxing jurisdiction may designate. The agency shall\nrequire a beneficiary of financial assistance for projects subject to\npayments in lieu of real property taxes and school taxes to enter into\nan agreement with the agency or with the appropriate taxing\njurisdictions requiring such beneficiary to make payments required by\nthis subdivision. Any sums received by the agency pursuant to such an\nagreement shall be subject to the requirements of subdivision three of\nsection eight hundred seventy-four of this article. Nothing herein\nprovided, however, is to deprive the developer of any abatements granted\nby the state of New York.\n  (j) The agency shall not have the power to acquire real property, or\nrights or easements therein, by condemnation.\n  (k) Any resolution or resolutions authorizing any bonds or any issue\nof bonds shall not contain provisions, which are a part of the contract\nwith the holders of the bonds thereby authorized, as to limitations on\nthe rights of the agency to restrict and regulate the use of a project.\n  (l) Except as otherwise provided in this section, the agency, its\nmembers, officers and employees, and its operations and activities shall\nbe governed by the provisions of title one of article eighteen-A of this\nchapter.\n  (m) Notwithstanding any provisions of law to the contrary, for\npurposes of the tax law the county executive shall be designated as the\n"applicable elected representative" with respect to the approval of\nindustrial development bond issues for federal income tax purposes.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. RPT Law § 326 — New York Code / Act RPT / Article 3 / Title 2 / Section 326
Local government appraisal personnel
Status: in_force

§ 326. Local government appraisal personnel. No person shall be\nemployed by a local government and assigned professional appraisal\nduties which relate to the assessment of real property for purposes of\ntaxation unless he or she meets the minimum qualification standards\nestablished by the commissioner. Such appraisal personnel shall attend\ncourses of training and education prescribed by the commissioner under\nthis title.  Notwithstanding the provisions of this section or any other\nlaw, in a county which has the power to assess real property for\npurposes of taxation with one assessor appointed as provided in this\ntitle, the travel and other actual and necessary expenses incurred by\nappraisal personnel employed in the office of such assessor in attending\ncourses of training as required by this section shall be a state charge\nupon audit by the comptroller.\n
N.Y. EDN Law § 2041 — New York Code / Act EDN / Title 2 / Article 41 / Part 2 / Section 2041
Trustees or boards of education may contract to receive such children
Status: in_force

§ 2041. Trustees or boards of education may contract to receive such\nchildren.  The trustees or board of education of any district or city\nmay enter into a contract to receive and educate in the schools of such\ndistrict or city the children of any district which shall authorize its\ntrustees or board of education to contract for the education of its\nchildren as provided by section two thousand thirty of this chapter.\n
N.Y. PBH Law § 2331 — New York Code / Act PBH / Article 23 / Title 2 / Section 2331
Houses of prostitution; abatement; proceeds
Status: in_force

§ 2331. Houses of prostitution; abatement; proceeds.  1. All moneys\ncollected under the provisions of sections two thousand three hundred\ntwenty to two thousand three hundred thirty-four, inclusive, of this\nchapter, shall be paid to the county treasurer.\n  2. The proceeds of the sale of the personal property as provided in\nsection two thousand three hundred twenty-nine of this chapter, shall be\napplied in payment of the costs of the action and abatement or so much\nof such proceeds as may be necessary, except as hereinafter provided.\n
N.Y. GMU Law § 753 — New York Code / Act GMU / Article 17-A / Title 2 / Section 753
Publication of proposed joint consolidation agreement
Status: in_force

§ 753. Publication of proposed joint consolidation agreement. No later\nthan five business days after commencement of consolidation proceedings\npursuant to section seven hundred fifty-two of this title, the governing\nbody or bodies of the local government entities to be consolidated\nshall:\n  1. cause a copy of the proposed joint consolidation agreement, along\nwith a descriptive summary thereof, to be displayed and readily\naccessible to the public for inspection in a public place or places\nwithin each entity;\n  2. cause the proposed joint consolidation agreement, along with a\ndescriptive summary thereof and a reference to the public place or\nplaces within each entity where a copy thereof may be examined, to be\ndisplayed on a website maintained by each entity or otherwise on a\nwebsite maintained by the village, town and/or county in which the\nentities are located; and\n  3. arrange to be published a descriptive summary of the proposed joint\nconsolidation agreement and a reference to the public place or places\nwithin the entities where a copy thereof may be examined, at least once\neach week for four successive weeks, in a newspaper having a general\ncirculation within each entity.\n
N.Y. GMU Law § 900-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 900-A
Village of Port Chester industrial development agency
Status: in_force

* § 900-a. Village of Port Chester industrial development agency. For\nthe benefit of the the Village of Port Chester in the county of\nWestchester and the inhabitants thereof, an industrial development\nagency, to be known as the VILLAGE OF PORT CHESTER INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies and provided that the exercise of\nthe powers by such agency with respect to the acquisition of real\nproperty whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the Village of Port Chester, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the Village of Port\nChester. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EDN Law § 2504 — New York Code / Act EDN / Title 2 / Article 51 / Section 2504
Meetings of board of education
Status: in_force

§ 2504. Meetings of board of education. 1. The annual meeting of the\nboard of education shall be held in July on or before the Monday after\nthe twentieth day in July, at four o'clock in the afternoon or such\nother hour as the board may determine, at which meeting the board shall\nselect a president for the ensuing year. At such meeting the board may\nalso select a vice-president who shall be authorized to act for the\npresident in case of the president's absence or inability to act during\nsuch year.\n  2. Such board shall also fix the day and hour for holding regular\nboard meetings which shall be at least as often as once each month and\nshall also prescribe a method for calling special meetings of such\nboard.\n
N.Y. EXC Law § 503 — New York Code / Act EXC / Article 19-G / Title 2 / Section 503
Detention
Status: in_force

§ 503. Detention. 1. The division shall establish regulations for the\noperation of secure and non-secure detention facilities pursuant to this\narticle and section two hundred eighteen-a of the county law.\n  2. To assure that adequate, suitable and conveniently accessible\naccommodations and proper care will be available when required for\ndetention, the division may contract for or establish, operate, maintain\nand certify secure and non-secure detention facilities if funds shall\nhave been made available for the lease or purchase and maintenance and\noperation of appropriate facilities.\n  3. Each social services district may establish, operate and maintain\nsecure and non-secure detention facilities for the purposes defined in\nsection five hundred two of this article. Each such detention facility\nshall be established, operated and maintained in compliance with this\narticle and the regulations of the division for youth.\n  4. The office of children and family services shall visit and inspect\nall facilities used for detention and make periodic reports of the\noperation and adequacy of such facilities, and the need for provision of\nsuch facilities to the county executive, if there be one, the county\nlegislature and the family court judges of the county in which such\nfacilities are located, and the office of court administration.\n  5. No detention facility shall receive or care for children detained\npursuant to the family court act or the criminal procedure law unless\ncertified by the division, which certification shall include a\nmaximum-capacity which shall not be exceeded. No certification shall be\nissued or renewed unless such a facility has developed and implemented a\nprocedure, consistent with appropriate collective bargaining agreements\nand applicable provisions of the civil service law, for reviewing and\nevaluating the backgrounds of and the information supplied by any person\napplying to be an employee, volunteer or consultant, which shall include\nbut not be limited to the following requirements: that the applicant set\nforth his or her employment history, provide personal and employment\nreferences and sign a sworn statement indicating whether the applicant,\nto the best of his or her knowledge, has ever been convicted of a crime\nin this state or any other jurisdiction.\n  (a) The division shall promulgate regulations governing procedures for\ncertification of detention facilities and for renewal, suspension and\nrevocation of such certifications. Such regulations shall provide for a\nhearing prior to the suspension or revocation of a certification.\n  (b) The office of children and family services may suspend a\ncertification for good cause shown. Suspension shall mean that no\npersons coming within the provisions of article three or seven of the\nfamily court act and no alleged or convicted juvenile offender may be\nreceived for care in a detention facility, but persons already in care\nmay remain in care. The office may impose such conditions in the event\nof a suspension as it shall deem necessary and proper.\n  (c) Such office may revoke a certification for good cause shown.\nRevocation shall mean that no persons coming within the provisions of\narticle three or seven of the family court act and no alleged or\nconvicted juvenile offender may be received for care nor remain at the\ndetention facility.\n  6. The division shall be responsible for bringing violations of law\npertaining to detention of juveniles to the attention of each\nappropriate attorney for the child or counsel for the defendant who may\npetition for habeas corpus for persons aggrieved thereby.\n  7. The person in charge of each detention facility shall keep a record\nof all time spent in such facility for each youth in care. The detention\nfacility shall deliver a certified transcript of such record to the\noffice, social services district, or other agency taking custody of the\nyouth pursuant to article three or seven of the family court act,\nbefore, or at the same time as the youth is delivered to the office,\ndistrict or other agency, as is appropriate.\n  8. The division shall list all facilities certified for the detention\nof children and shall file a copy of that list periodically with the\nclerk of the family court in each county, the clerk of the criminal\ncourt of the city of New York, the clerk of the supreme court in each\ncounty within the city of New York and the clerk of the county court in\neach county outside the city of New York.\n  9. Notwithstanding any other provision of law, the office of children\nand family services in consultation with the state commission of\ncorrection shall jointly regulate, certify, inspect and supervise\nspecialized secure detention facilities for adolescent offenders.\n
N.Y. MDW Law § 59 — New York Code / Act MDW / Article 3 / Title 2 / Section 59
Bakeries and fat boiling
Status: in_force

§ 59. Bakeries and fat boiling. 1. It shall be unlawful to construct\nor maintain a bakery or a place of business where fat is boiled in any\nnon-fireproof multiple dwelling or upon the lot on which such dwelling\nis situated, unless the ceiling, side walls and all exposed iron or\nwooden beams, girders and columns within the said bakery or business\nplace where fat is boiled, are covered with fireproof materials.\n  2. There shall be no door, window, dumbwaiter shaft or other opening\nbetween such a bakery or business place where fat is boiled and any\nother part of the dwelling, except that:\n  a. There may be access to the public parts of the dwelling from any\nbakery maintained therein if the product of such bakery is consumed\nexclusively within such dwelling.\n  b. In a fireproof hotel where a retail bakery is maintained therein,\nthere may be access to the public parts of the hotel, provided the door\nopenings leading thereto from such bakery and the door assemblies are\nfireproof with the doors self-closing, and provided the public parts of\nsuch bakery premises are protected by one or more sprinkler heads.\n  c. In bakeries in which no fat is boiled and on the premises of which\nthere is no apparatus for fat boiling, a dumbwaiter communicating\nbetween the place where the baking is done and a bakery store above may\nbe maintained if entirely enclosed in a brick shaft with walls eight\ninches or more in thickness, without any openings whatever except one\ndoor opening into the bakeshop and one into the bakery store. Every such\nopening shall be provided with a fireproof door and assembly so arranged\nthat when one door is open, the other is entirely closed.\n  3. Every part of a bakery, its plumbing, and the yards and open spaces\nadjoining shall be kept in good repair, in sanitary condition and free\nfrom rodents and vermin.\n
N.Y. ELN Law § 6-202 — New York Code / Act ELN / Article 6 / Title 2 / Section 6-202
Party nominations; villages
Status: in_force

§ 6-202. Party nominations; villages. 1. Party nominations of\ncandidates for village offices in any county shall be made at a party\ncaucus or at a primary election, as the rules of the county committee,\nheretofore or hereafter adopted consistent with the provisions of this\nchapter shall provide. If the rules of the county committee of any\npolitical party provide that party nominations for village offices of\nthat party in any or all villages in the county shall be made at a\nvillage primary election, such primary election shall be held forty-nine\ndays prior to the date of the village election. In the event there is no\nvillage committee with a chairman, the chairman of the county committee,\nor such other person or body as the rules of such committee may provide,\nshall designate an enrolled member of the party who is a qualified voter\nof the village as the village election chairman. The chairman of the\ncounty committee of each party in which nominations in any village are\nmade at a primary election shall file with the board of elections, at\nleast one week before the first day to file designating petitions for\nsuch primary elections, a list of the name and address of the chairman\nof the village committee or the village election chairman in each such\nvillage. Such village chairman shall have general party responsibility\nfor the conduct of the village caucus or primary election. Such\nnominations shall be made not more than fifty-six, nor less than\nforty-nine days prior to the date of the village election.\n  2. A notice of any village primary held for making party nominations\nof candidates for village offices to be filled at a village election\nshall be given by the proper party authorities by publication at least\nonce in each of the two weeks preceding the primary in at least one\nnewspaper of general circulation within the village.\n  3. A notice of any party caucus held for making party nominations for\nvillage offices for village elections shall be given by the proper party\nauthorities by posting such notice in the public areas at the offices of\nthe village clerk and the board of elections and by filing such notice\nwith such clerk and such board at least ten days preceding the day of\nthe caucus and, either by newspaper publication thereof once within the\nvillage at least one week and not more than two weeks preceding the\ncaucus, or by posting such notice in six public places in the village at\nleast ten days preceding the day of the caucus.\n  4. The notice shall specify the time and place or places, and the\npurpose of such caucus or primary, including the offices for which\ncandidates will be nominated thereat.  There shall be a chairman and a\nsecretary and tellers for each such village primary or caucus, who shall\nbe appointed by the appropriate party officials. No person shall\nparticipate in such primary or caucus who is not a resident of the\nvillage and an enrolled voter of the party conducting the primary or\ncaucus. At any primary or caucus in which nominees are chosen by vote of\nthe people in attendance, the person eligible and receiving the highest\nnumber of votes for an office shall be deemed nominated. Such village\nprimary or caucus shall not be conducted at public expense. The board of\nelections shall furnish a list of enrolled voters to the chairman of the\nvillage caucus or primary.\n  5. Any party nomination made at any such caucus or village primary\nshall be evidenced by the filing of a certificate of nomination with the\nboard of elections. There shall be filed, together with such\ncertificate, or within five days after the board of elections sends the\nnotice of failure to file prescribed by this subdivision, a list of\nenrolled members of the party who have participated in such caucus or\nprimary. If such list is not filed with such certificate, the board of\nelections shall forthwith send notice of the failure to file such list\nto the persons who signed such certificate, by first class mail,\ntogether with a notice that such list must be filed within five days\nafter such notice was mailed. Such list shall be certified by the\npresiding officer or secretary of such caucus or primary.\n
N.Y. ELN Law § 14-200 — New York Code / Act ELN / Article 14 / Title 2 / Section 14-200
Legislative findings and intent
Status: in_force

§ 14-200. Legislative findings and intent. The legislature finds that\nreform of New York state's campaign finance system is crucial to\nimproving public confidence in the state's democratic processes and\ncontinuing to ensure a government that is accountable to all of the\nvoters of the state regardless of wealth or position. The legislature\nfinds that New York's current system of campaign finance, with its large\ncontributions to candidates for office and party committees, has created\nthe potential for and the appearance of corruption. The legislature\nfurther finds that, whether or not this system creates actual\ncorruption, the appearance of such corruption can give rise to a\ndistrust in government and citizen apathy that undermines the democratic\noperation of the political process.\n  The legislature also finds that the high cost of running for office in\nNew York discourages qualified candidates from running for office and\ncreates an electoral system that encourages candidates to spend too much\ntime raising money rather than attending to the duties of their office,\nrepresenting the needs of their constituents, and communicating with\nvoters.\n  The legislature amends this article creating a new title to this\narticle to reduce the possibility and appearance that special interests\nexercise undue influence over state officials; to increase the actual\nand apparent responsiveness of elected officials to all voters; to\nencourage qualified candidates to run for office; and to reduce the\npressure on candidates to spend large amounts of time raising large\ncontributions for their campaigns.\n  The legislature also finds that the system of voluntary public\nfinancing furthers the government's interest in encouraging qualified\ncandidates to run for office. The legislature finds that the voluntary\npublic funding program will enlarge the public debate and increase\nparticipation in the democratic process. In addition, the legislature\nfinds that the voluntary expenditure limitations and matching fund\nprogram reduce the burden on candidates and officeholders to spend time\nraising money for their campaigns.\n  Therefore, the legislature declares that these amendments further the\nimportant and valid government interests of reducing voter apathy,\nbuilding confidence in government, reducing the reality and appearance\nof corruption, and encouraging qualified candidates to run for office,\nwhile reducing candidates' and officeholders' fundraising burdens.\n
N.Y. PBA Law § 3162 — New York Code / Act PBA / Article 10-A / Title 2 / Section 3162
Existing rights and remedies preserved
Status: in_force

§ 3162. Existing rights and remedies preserved. Upon the transfer\npursuant to section thirty-one hundred fifty-six of this title of the\nfunctions and powers possessed by and all of the obligations and duties\nof the New York state office of science, technology and academic\nresearch as established pursuant to article ten-B of the executive law\nto the foundation as prescribed by section thirty-one hundred fifty-six\nof this title, no existing right or remedy of the state, including the\nNew York state office of science, technology and academic research,\nshall be lost, impaired or affected by reason of this title.\n
N.Y. EDN Law § 2554-A — New York Code / Act EDN / Title 2 / Article 52 / Section 2554-A
Powers of boards of education to ban fraternities, sororities and other secret societies
Status: in_force

§ 2554-a. Powers of boards of education to ban fraternities,\nsororities and other secret societies.  1. In its discretion, the board\nof education of each school district, may adopt rules and regulations to\nabolish and/or prohibit any fraternity, sorority or other secret society\nin any secondary school under its jurisdiction.\n  2. Prior to the adoption and promulgation of a rule or regulation in\naccordance with the provisions of subdivision one of this section by any\nboard of education of a school district, the board of education of the\nschool district must find that the fraternity, sorority or secret\nsociety group has by virtue of its activities caused or created a\ndisruption of or interference with the academic processes of any\nsecondary school within its jurisdiction or caused or created any\ninterference with or disruption of the academic progress of any\nindividual student or students in any secondary school within its\njurisdiction.\n  3. For the purposes of this chapter a fraternity, sorority or secret\nsociety shall mean any organization composed wholly or in part of pupils\nenrolled in public secondary schools which exists or seeks to perpetuate\nitself by taking in additional members from the pupils enrolled in such\nschools on the decision of the membership rather than upon the free\nchoice of any pupil in such school but shall not be construed to include\norganizations institutionally sponsored by agencies of public welfare,\nthe Boy Scouts of America, the Girl Scouts of America, the Campfire\nGirls, Young Men's Christian Association, Young Women's Christian\nAssociation, Young Men's Hebrew Association, Young Women's Hebrew\nAssociation, Catholic Youth Organization, Kiwanis International, Hi-Y or\nother similar organizations without limitation to the foregoing.\n  4. Upon and after the adoption and promulgation of a rule or\nregulation in accordance with the provisions of subdivision one of this\nsection by the board of education of any such school district, such\nboard of education may in any secondary school under its jurisdiction\ndiscipline any pupil who shall promise to join, or shall become a member\nof, or shall remain a member of, or shall solicit other persons to join\nany such fraternity, sorority or secret society.\n
N.Y. EDN Law § 2590-E — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-E
Powers and duties of community district education council
Status: in_force

* § 2590-e. Powers and duties of community district education council.\nEach community council shall have the following powers and duties to\nestablish educational policies and objectives, not inconsistent with the\nprovisions of this article and the policies established by the city\nboard, with respect to all pre-kindergarten, nursery, kindergarten,\nelementary, intermediate and junior high schools and programs in\nconnection therewith in the community district. The community councils\nshall have no executive or administrative powers or functions, but shall\nhave the following powers and duties:\n  3. promote achievement of educational standards and objectives\nrelating to the instruction of students.\n  4. cooperate as required by the chancellor in the removal from office\npursuant to section twenty-five hundred ninety-l of this article of any\ncommunity council member for willful, intentional or knowing involvement\nin the hiring, appointment or assignment of employees other than as\nspecifically authorized in this article.\n  5. a. require community council members, the community superintendent,\nand any other officer or employee in schools and programs under the\njurisdiction of the community councils, to make annual written\ndisclosure, in accordance with regulations and bylaws of the city board\ndeveloped in consultation with the community councils, to the community\ncouncil and the city board, of the following information:\n  (1) the employment by the city school board or any community council\nof any person related within the third degree of consanguinity or\naffinity to the person making disclosure, including the employment of\nany such person for which a two-thirds vote was required under paragraph\ne of subdivision four of section twenty-five hundred ninety-j of this\nchapter with a notation of the date such vote was taken.\n  (2) the source of any income, reimbursement, gift or other form of\ncompensation for services rendered together with a description of such\nservices.\n  (3) the source of any financial contribution made within the year\npreceding the election or the term of office of a community district\neducation council member to assist in the election or reelection of such\nmember of the community council, and the amount of such contribution,\nconsistent with any applicable regulations of the city board and the\nboard of elections.\n  b. willful or repeated failure to make full and timely disclosure\nshall constitute cause for removal from office of any member of a\ncommunity council or for any other officer or employee disciplinary\naction and such other penalty as provided by law.\n  c. all written disclosures required hereunder shall be filed with the\ncommunity council and the city board and shall be available for public\ninspection during regular business hours on regular business days.\n  6. require community council members, candidates for community\ndistrict education councils, the community superintendent and, for good\ncause shown, any other officer or employee in schools and programs under\nthe jurisdiction of the community councils to submit to the city board\nand the community councils, in accordance with regulations and bylaws of\nthe city board developed in consultation with the community councils,\nfinancial reports for themselves and their spouses.\n  a. the frequency and period of coverage, the designation of persons to\nsubmit such reports by name, title or income level or by a combination\nthereof, and the content of such reports, including minimum dollar\namounts, shall be determined by the city board.\n  b. willful or repeated failure to file required financial reports or\nmake other required disclosures shall constitute cause for removal from\noffice of any member of a community council or for any other officer or\nemployee disciplinary action and such other penalty as provided by law.\nNo person may assume office as a community council member without\npreviously complying with this subdivision, subdivision five of this\nsection, and with all applicable financial disclosure requirements\npromulgated by the board of elections.\n  7. participate in training and continuing education programs pursuant\nto the provisions of this subdivision.\n  (1) Community district education council members shall participate in\ntraining to acquaint them with the powers, functions and duties of\ncommunity council members, as well as the powers of other governing and\nadministering authorities that affect education including the powers of\nthe commissioner, city board, chancellor and community superintendents.\nSuch participation shall be completed no later than three months from\nthe date in which a community council member takes office for the first\ntime.\n  (2) Each community district education council member shall be required\nto participate in continuing education programs on an annual basis as\ndefined by the chancellor. Participation in training pursuant to\nparagraph one of this subdivision by a community district education\ncouncil member who takes office for the first time shall be deemed to\nsatisfy the requirements of this subdivision for the first year of such\nmember's term.\n  (3) such training and continuing education programs shall be approved\nby the chancellor, following consultation with the commissioner, and may\nbe provided by the state education department, the city board, the\nchancellor or a nonprofit provider authorized by the chancellor to\nprovide such training and continuing education programs.\n  (4) the chancellor is authorized to promulgate regulations regarding\nproviders and their certification, the content and implementation of the\ntraining and continuing education programs. Any such regulations shall\nbe developed after consultation with the commissioner.\n  (5) such training and continuing education programs shall be offered\nby the chancellor on an annual basis or more frequently, as needed, to\nenable community council members to comply with this subdivision.\n  (6) failure of community council members to comply with the training\nand continuing education requirements mandated by this subdivision shall\nconstitute cause for removal from office pursuant to section twenty-five\nhundred ninety-1 of this article.\n  8. Each year prepare a school district report card pursuant to\nregulations of the commissioner, and shall make it publicly available by\ntransmitting it to local newspapers of general circulation, appending it\nto copies of the proposed budget made publicly available as required by\nlaw, making it available for distribution at the annual meeting, and\notherwise disseminating it as required by the commissioner. Such report\ncard shall include measures of the academic performance of the school\ndistrict, on a school by school basis, and measures of the fiscal\nperformance of the district, as prescribed by the commissioner. Pursuant\nto regulations of the commissioner, the report card shall also compare\nthese measures to statewide averages for all public schools, and\nstatewide averages for public schools of comparable wealth and need,\ndeveloped by the commissioner. Such report card shall include, at a\nminimum, any information on the school district regarding pupil\nperformance and expenditure per pupil required to be included in the\nannual report by the requests to the governor and the legislature\npursuant to section two hundred fifteen-a of this chapter; and any other\ninformation required by the commissioner. School districts (i)\nidentified as having fifteen percent or more of their students in\nspecial education, or (ii) which have fifty percent or more of their\nstudents with disabilities in special education programs or services\nsixty percent or more of the school day in a general education building,\nor (iii) which have eight percent or more of their students with\ndisabilities in special education programs in public or private separate\neducational settings shall indicate on their school district report card\ntheir respective percentages as defined in this paragraph and paragraphs\n(i) and (ii) of this subdivision as compared to the statewide average.\n  9. Subject to paragraph (o) of subdivision one of section twenty-five\nhundred ninety-f of this article, to employ or retain counsel subject to\nthe powers and duties of the corporation counsel of the city of New York\nto be the district's attorney and counsel pursuant to subdivision a of\nsection three hundred ninety-four of the New York city charter in\nactions or proceedings in which the council or any member thereof is a\ndefendant or a respondent.\n  10. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n  11. Approve zoning lines, as submitted by the superintendent,\nconsistent with the regulations of the chancellor, applicable to schools\nunder the jurisdiction of the community district.\n  12. Hold meetings at least every month with the superintendent to\ndiscuss the current state of the schools in the district and progress\nmade toward the implementation of the district's comprehensive education\nplan required by the chancellor.\n  13. Review of the district's educational programs and assess their\neffect on student achievement.\n  14. Hold public meetings at least every month with the superintendent\nduring which the public may speak so that parents and the community have\na voice and a public forum to air their concerns.\n  15. Submit an annual evaluation of the superintendent to the\nchancellor.\n  16. Submit an annual evaluation consistent with procedures which shall\nbe developed by the chancellor of all other instructional supervisory\npersonnel who have responsibility for more than one school within the\ndistrict.\n  17. Hold a public hearing on the district's annual capacity plans,\nrecommended by the superintendent and based on data from the chancellor\non enrollment/utilization for each school within the district and submit\nsuch plan, upon approval by the community council, to the chancellor for\nhis or her approval and implementation.\n  18. Provide input, as it deems necessary, to the chancellor and the\ncity board on matters of concern to the district.\n  19. Liaison with school leadership teams as may be necessary, provide\nassistance to the school leadership teams where possible, and serve on\nthe district leadership team by designating a representative.\n  20. Consult on the selection of a community superintendent pursuant to\nsubdivision thirty of section twenty-five hundred ninety-h of this\narticle. Such consultation shall include an opportunity for the\ncommunity council to interview a minimum of three final candidates the\nchancellor is considering appointing and to provide feedback to the\nchancellor, which may include a ranked list of such candidates, prior to\nthe appointment being made.\n  21. Hold a joint public hearing with the chancellor or deputy\nchancellor, or in the case of a proposed significant change in school\nutilization the chancellor or his or her designee, and the impacted\nschool based management team regarding any proposed school closing or\nsignificant change in school utilization, including the phase-out, grade\nreconfiguration, re-siting, or co-location of schools, of any public\nschool located within the community district pursuant to subdivision\ntwo-a of section twenty-five hundred ninety-h of this article. Following\nsuch hearing, the community council may pass a resolution on whether to\nrecommend or not recommend to the city board the proposed school closing\nor significant change in school utilization, and shall transmit it to\nthe city board for its consideration at least seven days in advance of\nany city board vote on such item pursuant to section twenty-five hundred\nninety-g of this article, provided that the receipt of such resolution\nfrom the community council shall not be a precondition for the city\nboard to act on the matter.\n  * NB Effective until June 30, 2028\n  * § 2590-e. Powers and duties of community boards. Each community\nboard shall have the following powers and duties to establish\neducational policies and objectives, not inconsistent with the\nprovisions of this article and the policies established by the city\nboard, with respect to all pre-kindergarten, nursery, kindergarten,\nelementary, intermediate and junior high schools and programs in\nconnection therewith in the community district. The community boards\nshall have no executive or administrative powers or functions, but shall\nhave the following powers and duties:\n  1. employ a community superintendent, selected by the chancellor, by\ncontract for a term not to exceed by more than one year the term of\noffice of the community school board authorizing such contract, subject\nto removal for cause, at a salary to be fixed within the budgetary\nallocation therefor, subject to the provisions of subdivision two of\nsection twenty-five hundred ninety-j of this article. Consistent with\nprocedures of the chancellor establishing a publicly inclusive process\nfor the recruitment, screening and selection of superintendent\ncandidates, and regulations establishing educational, managerial, and\nadministrative qualifications and performance record criteria for such\nposition, the community board shall select no more than four final\ncandidates for superintendent from candidates for appointment, who shall\nhave been interviewed and screened by and with the assistance of\nparents, teachers, representatives of school support personnel, and\nadministrators, and forward such names, to the chancellor for selection\ntogether with the reasons for the recommendation of such candidates. If\nthe chancellor should reject all the candidates for written reasons\nwithin thirty days after the receipt of the proposed names, the\ncommunity board shall make another selection of no more than four new\nnames consistent with such procedures and regulations, until the\nchancellor selects a candidate. The contract of employment shall be\nconsistent with a model contract promulgated by the chancellor which\nshall include provisions for reappointment.\n  3. promote achievement of educational standards and objectives\nrelating to the instruction of students.\n  4. cooperate as required by the chancellor in the removal from office\npursuant to section twenty-five hundred ninety-l of this article of any\ncommunity board member for willful, intentional or knowing involvement\nin the hiring, appointment or assignment of employees other than as\nspecifically authorized in this article.\n  5. a. require community board members, the community superintendent,\nand any other officer or employee in schools and programs under the\njurisdiction of the community boards, to make annual written disclosure,\nin accordance with regulations and bylaws of the city board developed in\nconsultation with the community boards, to the community board and the\ncity board, of the following information:\n  (1) the employment by the city school board or any community board of\nany person related within the third degree of consanguinity or affinity\nto the person making disclosure, including the employment of any such\nperson for which a two-thirds vote was required under paragraph e of\nsubdivision four of section twenty-five hundred ninety-j of this chapter\nwith a notation of the date such vote was taken.\n  (2) the source of any income, reimbursement, gift or other form of\ncompensation for services rendered together with a description of such\nservices.\n  (3) the source of any financial contribution made within the year\npreceding the election or the term of office of a community board member\nto assist in the election or reelection of such member of the community\nboard, and the amount of such contribution, consistent with any\napplicable regulations of the city board and the board of elections.\n  b. willful or repeated failure to make full and timely disclosure\nshall constitute cause for removal from office of any member of a\ncommunity board or for any other officer or employee disciplinary action\nand such other penalty as provided by law.\n  c. all written disclosures required hereunder shall be filed with the\ncommunity board and the city board and shall be available for public\ninspection during regular business hours on regular business days.\n  6. require community board members, candidates for community boards,\nthe community superintendent and, for good cause shown, any other\nofficer or employee in schools and programs under the jurisdiction of\nthe community boards to submit to the city board and the community\nboards, in accordance with regulations and bylaws of the city board\ndeveloped in consultation with the community boards, financial reports\nfor themselves and their spouses, provided that in the case of community\nboard members and candidates for community boards the statement of\nfinancial disclosure and the frequency with which it must be filed must\nsatisfy at least the requirements and standards for disclosure of\nsection seventy-three-a of the public officers law.\n  a. the frequency and period of coverage, the designation of persons to\nsubmit such reports by name, title or income level or by a combination\nthereof, and the content of such reports, including minimum dollar\namounts, shall be determined by the city board.\n  b. willful or repeated failure to file required financial reports or\nmake other required disclosures shall constitute cause for removal from\noffice of any member of a community board or for any other officer or\nemployee disciplinary action and such other penalty as provided by law.\nNo person may assume office as a community board member without\npreviously complying with this subdivision, subdivision five of this\nsection, and with all applicable financial disclosure requirements\npromulgated by the board of elections.\n  7. participate in training and continuing education programs pursuant\nto the provisions of this subdivision.\n  (1) Community board members shall participate in training to acquaint\nthem with the powers, functions and duties of community board members,\nas well as the powers of other governing and administering authorities\nthat affect education including the powers of the commissioner, city\nboard, chancellor and community superintendents. Such participation\nshall be completed no later than six months from the date in which a\ncommunity board member takes office for the first time.\n  (2) Each community board member shall be required to participate in\ncontinuing education programs on an annual basis as defined by the\nchancellor. Participation in training pursuant to paragraph one of this\nsubdivision by a community board member who takes office for the first\ntime shall be deemed to satisfy the requirements of this subdivision for\nthe first year of such member's term.\n  (3) such training and continuing education programs shall be approved\nby the chancellor, following consultation with the commissioner, and may\nbe provided by the state education department, the city board, the\nchancellor or a nonprofit provider authorized by the chancellor to\nprovide such training and continuing education programs.\n  (4) the chancellor is authorized to promulgate regulations regarding\nproviders and their certification, the content and implementation of the\ntraining and continuing education programs. Any such regulations shall\nbe developed after consultation with the commissioner.\n  (5) such training and continuing education programs shall be offered\non an annual basis or more frequently, as needed, to enable community\nboard members to comply with this subdivision.\n  (6) failure of community board members to comply with the training and\ncontinuing education requirements mandated by this subdivision shall\nconstitute cause for removal from office pursuant to section twenty-five\nhundred ninety-1 of this article.\n  8. Each year prepare a school district report card pursuant to\nregulations of the commissioner, and shall make it publicly available by\ntransmitting it to local newspapers of general circulation, appending it\nto copies of the proposed budget made publicly available as required by\nlaw, making it available for distribution at the annual meeting, and\notherwise disseminating it as required by the commissioner. Such report\ncard shall include measures of the academic performance of the school\ndistrict, on a school by school basis, and measures of the fiscal\nperformance of the district, as prescribed by the commissioner. Pursuant\nto regulations of the commissioner, the report card shall also compare\nthese measures to statewide averages for all public schools, and\nstatewide averages for public schools of comparable wealth and need,\ndeveloped by the commissioner. Such report card shall include, at a\nminimum, any information on the school district regarding pupil\nperformance and expenditure per pupil required to be included in the\nannual report by the requests to the governor and the legislature\npursuant to section two hundred fifteen-a of this chapter; and any other\ninformation required by the commissioner. School districts (i)\nidentified as having fifteen percent or more of their students in\nspecial education, or (ii) which have fifty percent or more of their\nstudents with disabilities in special education programs or services\nsixty percent or more of the school day in a general education building,\nor (iii) which have eight percent or more of their students with\ndisabilities in special education programs in public or private separate\neducational settings shall indicate on their school district report card\ntheir respective percentages as defined in this paragraph and paragraphs\n(i) and (ii) of this subdivision as compared to the statewide average.\n  9. Subject to paragraph (o) of subdivision one of section twenty-five\nhundred ninety-f of this article, to employ or retain counsel subject to\nthe powers and duties of the corporation counsel of the city of New York\nto be the district's attorney and counsel pursuant to subdivision a of\nsection three hundred ninety-four of the New York city charter in\nactions or proceedings in which the board or any member thereof is a\ndefendant or a respondent.\n  10. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n  * NB Effective June 30, 2028\n
N.Y. PBH Law § 2230 — New York Code / Act PBH / Article 22 / Title 2 / Section 2230
Tuberculosis; violations and penalties
Status: in_force

§ 2230. Tuberculosis; violations and penalties.  Any person violating\nany of the provisions of sections two thousand two hundred twenty to two\nthousand two hundred twenty-six, inclusive, of this chapter shall be\ndeemed guilty of a misdemeanor and upon conviction thereof shall be\nsubject, except as in this article otherwise provided, to a fine of not\nless than five dollars nor more than fifty dollars.\n
N.Y. RPT Law § 489-JJJJJJ — New York Code / Act RPT / Article 4 / Title 2-F / Section 489-JJJJJJ
Penalties for non-compliance, false statements and omissions
Status: in_force

§ 489-jjjjjj. Penalties for non-compliance, false statements and\nomissions. Denial, reduction, suspension, termination or revocation. The\ndepartment may deny, reduce, suspend, terminate or revoke any abatement\nbenefits where:\n  1. A recipient fails to comply with the requirements of this title or\nthe related rules promulgated by the department; or\n  2. An application, certificate, report or other document delivered by\nan applicant or recipient hereunder contains a false or misleading\nstatement as to a material fact or omits to state any material fact\nnecessary to make the statements not false or misleading, and may\ndeclare any applicant or recipient who makes such false or misleading\nstatement or omission ineligible for future tax abatements for this\nproperty or another property; or\n  3. A recipient is found to have failed to cure any violation of state,\ncity, or municipal business regulations or ordinances related to payment\nof taxes, payment of wages, or fraudulent representation to governmental\nentities.\n
N.Y. PBA Law § 1437 — New York Code / Act PBA / Article 7 / Title 2 / Section 1437
Bonds legal investments for public officers and fiduciaries
Status: in_force

§ 1437. Bonds legal investments for public officers and fiduciaries.\nThe bonds are hereby made securities in which all public officers and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, all administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever who are now or may hereafter be authorized to invest in bonds\nor other obligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them.  The bonds are\nalso hereby made securities which may be deposited with and shall be\nreceived by all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions for any purpose for which the\ndeposit of bonds or other obligations of this state is now or may\nhereafter be authorized.\n
N.Y. RPT Law § 489-D — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-D
Exemption of railroad real property from taxation
Status: in_force

§ 489-d. Exemption of railroad real property from taxation. 1.\nSubsidized railroad real property shall be exempt from taxation. The\nexemption shall be granted each year only upon (a) application by the\nowner of said property on a form prescribed by the commissioner and (b)\nsubmission of such proof as may be required by the commissioner that the\nproperty is subsidized railroad real property. The application and proof\nshall be filed with the appropriate assessing authority on or before the\nappropriate taxable status date, with copies thereof simultaneously\nfiled with the commissioner and the department of transportation.\n  2. Bridges, viaducts, and other similar structures constructed on or\nafter January first, nineteen hundred fifty-nine as the result of the\ncreation, pursuant to article twelve-B of the highway law, of a new\nhighway, street, or roadway carrying railroad facilities over such new\nhighway, street, or roadway shall be exempt from taxation. No assessment\nof any bridges, viaducts, and other similar structures lengthened or\nreconstructed on or after January first, nineteen hundred fifty-nine as\nthe result of the widening, relocation, or reconstruction of an existing\nhighway, street, or roadway, pursuant to article twelve-B of the highway\nlaw, shall be increased by reason of such reconstruction or relocation,\nnotwithstanding the provisions of any general, special, or local law to\nthe contrary; provided, however, that the assessment on the original\nportion of such bridges, viaducts, and other similar structures may be\nvaried in accordance with the changes made generally in assessments on\nother local real property. Whenever any new construction of property is\nexempt pursuant to the provisions of this subdivision and the provisions\nof subdivision three-a or three-b of this section, such property shall\nreceive the exemption provided by subdivision three-a or three-b of this\nsection.\n  3. Railroad real property shall be exempt from taxation to the extent\nof any increase in value thereof by reason of any of the following\nadditions, betterments, improvements, or reconstructions made or\ninstalled thereon after the last preceding taxable status date prior to\nApril twenty-first, nineteen hundred fifty-nine: (a) the installation of\nautomatic grade crossing protective devices, such as flashing lights or\nautomatic gates and their attendant facilities; (b) the reconstruction\nor the replacement of signals, railroad bridges, stations, freight\nhouses, classification yards, repair shops, or any other facility used\nfor transportation purposes; provided that the property as reconstructed\nor replaced is the same general type of facility and is located in the\nsame city or town as the property reconstructed or replaced; and (c) the\nconstruction or reconstruction pursuant to the grade crossing\nelimination acts, the railroad law, or the highway law of any grade\nseparation structure, such as bridges, viaducts, tunnels, retaining\nwalls, and embankments constructed for the purpose of eliminating or\navoiding highway-railroad crossings at grade.  Whenever any new\nconstruction of property is exempt pursuant to the provisions of this\nsubdivision and the provisions of subdivision three-a or three-b of this\nsection, such property shall receive the exemption provided by\nsubdivision three-a or three-b of this section.\n  3-a. Whenever a railroad company makes any improvements, enhancements,\nor upgrades to any existing railroad real property in order to improve\nfreight service or to provide improved or new passenger service, the\ncost of such project shall not be included in the calculation of any\nsubsequent railroad ceilings for a period of ten years from the date of\ncompletion of such project; provided that such project's improvements,\nenhancements, or upgrades were made pursuant to a capital project\nproposal approved by the commissioner of the department of\ntransportation, as provided in section four hundred eighty-nine-v of\nthis title. The department of transportation shall certify to the\ncommissioner the location and cost of any such improvements,\nenhancements, or upgrades in a manner that provides the commissioner\nwith sufficient time to carry out its responsibilities pursuant to this\nchapter.\n  3-b. The cost of bridges, viaducts, other structures, or improvements\nand new rail lines, including any new rail lines built to replace\nexisting rail lines, shall not be included in the calculation of any\nsubsequent railroad ceilings for a period of ten years from the date of\ncompletion of such project; provided that such construction was pursuant\nto a capital project proposal approved by the commissioner of the\ndepartment of transportation as provided in section four hundred\neighty-nine-v of this title. The department of transportation shall\ncertify to the commissioner the location and cost of any such\nconstruction in a manner that provides the commissioner with sufficient\ntime to carry out its responsibilities pursuant to this chapter.\n  4. Except as provided in subdivision five of this section, railroad\nreal property other than subsidized railroad real property shall be\nexempt from taxation to the extent that the assessed valuation thereof\nexceeds the railroad ceiling determined in accordance with the earnings\nratio as hereinafter prescribed.\n  5. Railroad real property other than subsidized railroad real property\nof a railroad company shall not be exempt from taxation under this title\non an assessment roll of any assessing unit if the company failed for\nany reason to pay within thirty days of the date when due the tax levied\nupon the taxable portion of the assessment of any railroad real property\nof the company set forth on the immediately preceding assessment roll of\nany assessing unit, provided, however, that this subdivision shall not\napply if the payment or enforcement of such taxes was restrained or\nprohibited by an order issued by a court of competent jurisdiction under\nthe bankruptcy act of the United States.\n
N.Y. PBA Law § 1438 — New York Code / Act PBA / Article 7 / Title 2 / Section 1438
Tax contract by the state
Status: in_force

§ 1438. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the authority pursuant to this title, in consideration\nof the acceptance of and payment for the bonds, that the bonds of the\nauthority issued pursuant to this title and the income therefrom, and\nall moneys, funds and revenues pledged to pay or secure the payment of\nsuch bonds, shall at all times be free from taxation except for estate\ntaxes and taxes on transfers by or in contemplation of death.\n