N.Y. SOS Law § 422 — New York Code / Act SOS / Article 6 / Title 6 / Section 422
Statewide central register of child abuse and maltreatment
Status: in_force

§ 422. Statewide central register of child abuse and maltreatment. 1.\nThere shall be established in the office of children and family services\na statewide central register of child abuse and maltreatment reports\nmade pursuant to this title.\n  2. (a) The central register shall be capable of receiving telephone\ncalls alleging child abuse or maltreatment and of immediately\nidentifying prior reports of child abuse or maltreatment and capable of\nmonitoring the provision of child protective service twenty-four hours a\nday, seven days a week. To effectuate this purpose, but subject to the\nprovisions of the appropriate local plan for the provision of child\nprotective services, there shall be a single statewide telephone number\nthat all persons, whether mandated by the law or not, may use to make\ntelephone calls alleging child abuse or maltreatment and that all\npersons so authorized by this title may use for determining the\nexistence of prior reports in order to evaluate the condition or\ncircumstances of a child.  In addition to the single statewide telephone\nnumber, there shall be a special unlisted express telephone number and a\ntelephone facsimile number for use only by persons mandated by law to\nmake telephone calls, or to transmit telephone facsimile information on\na form provided by the commissioner of children and family services,\nalleging child abuse or maltreatment, and for use by all persons so\nauthorized by this title for determining the existence of prior reports\nin order to evaluate the condition or circumstances of a child. When any\nallegations contained in such telephone calls could reasonably\nconstitute a report of child abuse or maltreatment, after utilizing\nprotocols that would reduce implicit bias from the decision-making\nprocess, such allegations, the caller's name pursuant to paragraph (d)\nof this subdivision, the caller's contact information pursuant to\nparagraph (d) of this subdivision and any previous reports to the\ncentral registry involving the subject of such report or children named\nin such report, including any previous report containing allegations of\nchild abuse and maltreatment alleged to have occurred in other counties\nand districts in New York state shall be immediately transmitted orally\nor electronically by the office of children and family services to the\nappropriate local child protective service for investigation. The\ninability of the person calling the register to identify the alleged\nperpetrator shall, in no circumstance, constitute the sole cause for the\nregister to reject such allegation or fail to transmit such allegation\nfor investigation. If the records indicate a previous report concerning\na subject of the report, the child alleged to be abused or maltreated, a\nsibling, other children in the household, other persons named in the\nreport or other pertinent information, the appropriate local child\nprotective service shall be immediately notified of the fact. If the\nreport involves either (i) an allegation of an abused child described in\nparagraph (i), (ii) or (iii) of subdivision (e) of section one thousand\ntwelve of the family court act or sexual abuse of a child or the death\nof a child or (ii) suspected maltreatment which alleges any physical\nharm when the report is made by a person required to report pursuant to\nsection four hundred thirteen of this title within six months of any\nother two reports that were indicated, or may still be pending,\ninvolving the same child, sibling, or other children in the household or\nthe subject of the report, the office of children and family services\nshall identify the report as such and note any prior reports when\ntransmitting the report to the local child protective services for\ninvestigation.\n  (b) Any telephone call made by a person required to report cases of\nsuspected child abuse or maltreatment pursuant to section four hundred\nthirteen of this chapter containing allegations, which if true would\nconstitute child abuse or maltreatment shall constitute a report and\nshall be immediately transmitted orally or electronically by the\ndepartment to the appropriate local child protective service for\ninvestigation.\n  (c) Whenever a telephone call to the statewide central register\ndescribed in this section is received by the department, and the\ndepartment finds that the person allegedly responsible for abuse or\nmaltreatment of a child cannot be a subject of a report as defined in\nsubdivision four of section four hundred twelve of this chapter, but\nbelieves that the alleged acts or circumstances against a child\ndescribed in the telephone call may constitute a crime or an immediate\nthreat to the child's health or safety, the department shall convey by\nthe most expedient means available the information contained in such\ntelephone call to the appropriate law enforcement agency, district\nattorney or other public official empowered to provide necessary aid or\nassistance.\n  (d) A caller making a report of suspected child abuse or maltreatment\nto the central register shall be asked for their name and contact\ninformation. The central register may not transmit a report to a local\nchild protective service for investigation if the caller's name and\ncontact information are not provided, unless the central register\nreasonably believes the caller is a child under the age of eighteen.\n  (e) If a caller declines to provide their name and contact\ninformation, the central register must connect the caller with a\nsupervisor, who shall inform the caller of the statutory provisions that\nprotect callers' confidentiality. If the caller, including a caller\nreasonably believed to be a child under the age of eighteen, declines to\nprovide their name and contact information to the supervisor, the\nsupervisor shall inform the caller that (i) preventive and supportive\nservices may be available to assist in addressing concerns relative to\nthe care and well-being of a child and referrals for such services may\nbe provided upon request; and (ii) knowingly reporting false or baseless\nallegations is a violation of subdivision four of section 240.50 of the\npenal law.\n  3. The central register shall include but not be limited to the\nfollowing information: all the information in the written report; a\nrecord of the final disposition of the report, including services\noffered and services accepted; the plan for rehabilitative treatment;\nthe names and identifying data, dates and circumstances of any person\nrequesting or receiving information from the register; and any other\ninformation which the commissioner believes might be helpful in the\nfurtherance of the purposes of this chapter.\n  4. (A) Reports made pursuant to this title as well as any other\ninformation obtained, reports written or photographs taken concerning\nsuch reports in the possession of the office or local departments shall\nbe confidential and shall only be made available to:\n  (a) a physician who has before him or her a child whom he or she\nreasonably suspects may be abused or maltreated;\n  (b) a person authorized to place a child in protective custody when\nsuch person has before him or her a child whom he or she reasonably\nsuspects may be abused or maltreated and such person requires the\ninformation in the record to determine whether to place the child in\nprotective custody;\n  (c) a duly authorized agency having the responsibility for the care or\nsupervision of a child who is reported to the central register of abuse\nand maltreatment;\n  (d) any person who is the subject of the report or other persons named\nin the report;\n  (e) a court, upon a finding that the information in the record is\nnecessary for the determination of an issue before the court;\n  (f) a grand jury, upon a finding that the information in the record is\nnecessary for the determination of charges before the grand jury;\n  (g) any appropriate state legislative committee responsible for child\nprotective legislation;\n  (h) any person engaged in a bona fide research purpose provided,\nhowever, that no information identifying the subjects of the report or\nother persons named in the report shall be made available to the\nresearcher unless it is absolutely essential to the research purpose and\nthe department gives prior approval;\n  (i) a provider agency as defined by subdivision three of section four\nhundred twenty-four-a of this chapter, or a licensing agency as defined\nby subdivision four of section four hundred twenty-four-a of this\nchapter, subject to the provisions of such section;\n  (j) the justice center for the protection of people with special needs\nor a delegate investigatory entity in connection with an investigation\nbeing conducted under article eleven of this chapter;\n  (k) a probation service conducting an investigation pursuant to\narticle three or seven or section six hundred fifty-three of the family\ncourt act where there is reason to suspect the child or the child's\nsibling may have been abused or maltreated and such child or sibling,\nparent, guardian or other person legally responsible for the child is a\nperson named in an indicated report of child abuse or maltreatment and\nthat such information is necessary for the making of a determination or\nrecommendation to the court; or a probation service regarding a person\nabout whom it is conducting an investigation pursuant to article three\nhundred ninety of the criminal procedure law, or a probation service or\nthe department of corrections and community supervision regarding a\nperson to whom the service or department is providing supervision\npursuant to article sixty of the penal law or article eight of the\ncorrection law, where the subject of investigation or supervision has\nbeen convicted of a felony under article one hundred twenty, one hundred\ntwenty-five or one hundred thirty-five of the penal law or any felony or\nmisdemeanor under article one hundred thirty, two hundred thirty-five,\ntwo hundred forty-five, two hundred sixty or two hundred sixty-three of\nthe penal law, or has been indicted for any such felony and, as a\nresult, has been convicted of a crime under the penal law, where the\nservice or department requests the information upon a certification that\nsuch information is necessary to conduct its investigation, that there\nis reasonable cause to believe that the subject of an investigation is\nthe subject of an indicated report and that there is reasonable cause to\nbelieve that such records are necessary to the investigation by the\nprobation service or the department, provided, however, that only\nindicated reports shall be furnished pursuant to this subdivision;\n  (l) a criminal justice agency, which for the purposes of this\nsubdivision shall mean a district attorney, an assistant district\nattorney or an investigator employed in the office of a district\nattorney; a sworn officer of the division of state police, of the\nregional state park police, of a county department of parks, of a city\npolice department, or of a county, town or village police department or\ncounty sheriff's office or department; or an Indian police officer,\nwhen:\n  (i) such criminal justice agency requests such information stating\nthat such information is necessary to conduct a criminal investigation\nor criminal prosecution of a person, that there is reasonable cause to\nbelieve that such person is the subject of a report, and that it is\nreasonable to believe that due to the nature of the crime under\ninvestigation or prosecution, such person is the subject of a report,\nand that it is reasonable to believe that due to that nature of the\ncrime under investigation or prosecution, such records may be related to\nthe criminal investigation or prosecution; or\n  (ii) such criminal justice agency requests such information stating\nthat: such agency is conducting an investigation of a missing child;\nsuch agency has reason to suspect such child's parent, guardian or other\nperson legally responsible for such child is or may be the subject of a\nreport, or, such child or such child's sibling is or may be another\nperson named in a report of child abuse or maltreatment and that any\nsuch information is or may be needed to further such investigation;\n  (m) the New York city department of investigation provided however,\nthat no information identifying the subjects of the report or other\npersons named in the report shall be made available to the department of\ninvestigation unless such information is essential to an investigation\nwithin the legal authority of the department of investigation and the\nstate department of social services gives prior approval;\n  (n) chief executive officers of authorized agencies, directors of day\ncare centers and directors of facilities operated or supervised by the\ndepartment of education, the office of children and family services, the\noffice of mental health or the office for people with developmental\ndisabilities, in connection with a disciplinary investigation, action,\nor administrative or judicial proceeding instituted by any of such\nofficers or directors against an employee of any such agency, center or\nfacility who is the subject of an indicated report when the incident of\nabuse or maltreatment contained in the report occurred in the agency,\ncenter, facility or program, and the purpose of such proceeding is to\ndetermine whether the employee should be retained or discharged;\nprovided, however, a person given access to information pursuant to this\nsubparagraph shall, notwithstanding any inconsistent provision of law,\nbe authorized to redisclose such information only if the purpose of such\nredisclosure is to initiate or present evidence in a disciplinary,\nadministrative or judicial proceeding concerning the continued\nemployment or the terms of employment of an employee of such agency,\ncenter or facility who has been named as a subject of an indicated\nreport and, in addition, a person or agency given access to information\npursuant to this subparagraph shall also be given information not\notherwise provided concerning the subject of an indicated report where\nthe commission of an act or acts by such subject has been determined in\nproceedings pursuant to article ten of the family court act to\nconstitute abuse or neglect;\n  (o) a provider or coordinator of services to which a child protective\nservice or social services district has referred a child or a child's\nfamily or to whom the child or the child's family have referred\nthemselves at the request of the child protective service or social\nservices district, where said child is reported to the register when the\nrecords, reports or other information are necessary to enable the\nprovider or coordinator to establish and implement a plan of service for\nthe child or the child's family, or to monitor the provision and\ncoordination of services and the circumstances of the child and the\nchild's family, or to directly provide services; provided, however, that\na provider of services may include appropriate health care or school\ndistrict personnel, as such terms shall be defined by the department;\nprovided however, a provider or coordinator of services given access to\ninformation concerning a child pursuant to this subparagraph (o) shall,\nnotwithstanding any inconsistent provision of law, be authorized to\nredisclose such information to other persons or agencies which also\nprovide services to the child or the child's family only if the\nconsolidated services plan prepared and approved pursuant to section\nthirty-four-a of this chapter describes the agreement that has been or\nwill be reached between the provider or coordinator of service and the\nlocal district. An agreement entered into pursuant to this subparagraph\nshall include the specific agencies and categories of individuals to\nwhom redisclosure by the provider or coordinator of services is\nauthorized. Persons or agencies given access to information pursuant to\nthis subparagraph may exchange such information in order to facilitate\nthe provision or coordination of services to the child or the child's\nfamily;\n  (p) a disinterested person making an investigation pursuant to section\none hundred sixteen of the domestic relations law, provided that such\ndisinterested person shall only make this information available to the\njudge before whom the adoption proceeding is pending;\n  (s) a child protective service of another state when such service\ncertifies that the records and reports are necessary in order to conduct\na child abuse or maltreatment investigation within its jurisdiction of\nthe subject of the report and shall be used only for purposes of\nconducting such investigation and will not be redisclosed to any other\nperson or agency;\n  (t) an attorney for a child, appointed pursuant to the provisions of\nsection one thousand sixteen of the family court act, at any time such\nappointment is in effect, in relation to any report in which the\nrespondent in the proceeding in which the attorney for a child has been\nappointed is the subject or another person named in the report, pursuant\nto sections one thousand thirty-nine-a and one thousand fifty-two-a of\nthe family court act;\n  (u) a child care resource and referral program subject to the\nprovisions of subdivision six of section four hundred twenty-four-a of\nthis title;\n  (v)(i) officers and employees of the state comptroller or of the city\ncomptroller of the city of New York, or of the county officer designated\nby law or charter to perform the auditing function in any county not\nwholly contained within a city, for purposes of a duly authorized\nperformance audit, provided that such comptroller shall have certified\nto the keeper of such records that he or she has instituted procedures\ndeveloped in consultation with the department to limit access to\nclient-identifiable information to persons requiring such information\nfor purposes of the audit and that appropriate controls and prohibitions\nare imposed on the dissemination of client-identifiable information\ncontained in the conduct of the audit. Information pertaining to the\nsubstance or content of any psychological, psychiatric, therapeutic,\nclinical or medical reports, evaluations or like materials or\ninformation pertaining to such child or the child's family shall not be\nmade available to such officers and employees unless disclosure of such\ninformation is absolutely essential to the specific audit activity and\nthe department gives prior written approval.\n  (ii) any failure to maintain the confidentiality of\nclient-identifiable information shall subject such comptroller or\nofficer to denial of any further access to records until such time as\nthe audit agency has reviewed its procedures concerning controls and\nprohibitions imposed on the dissemination of such information and has\ntaken all reasonable and appropriate steps to eliminate such lapses in\nmaintaining confidentiality to the satisfaction of the office of\nchildren and family services. The office of children and family services\nshall establish the grounds for denial of access to records contained\nunder this section and shall recommend as necessary a plan of\nremediation to the audit agency.  Except as provided in this section,\nnothing in this subparagraph shall be construed as limiting the powers\nof such comptroller or officer to access records which he or she is\notherwise authorized to audit or obtain under any other applicable\nprovision of law. Any person given access to information pursuant to\nthis subparagraph who releases data or information to persons or\nagencies not authorized to receive such information shall be guilty of a\nclass A misdemeanor;\n  (w) members of a local or regional fatality review team approved by\nthe office of children and family services in accordance with section\nfour hundred twenty-two-b of this title;\n  (x) members of a local or regional multidisciplinary investigative\nteam as established pursuant to subdivision six of section four hundred\ntwenty-three of this title;\n  (y) members of a citizen review panel as established pursuant to\nsection three hundred seventy-one-b of this article; provided, however,\nmembers of a citizen review panel shall not disclose to any person or\ngovernment official any identifying information which the panel has been\nprovided and shall not make public other information unless otherwise\nauthorized by statute;\n  (z) an entity with appropriate legal authority in another state to\nlicense, certify or otherwise approve prospective foster parents,\nprospective adoptive parents, prospective relative guardians,\nprospective successor guardians or child care program where disclosure\nof information regarding such prospective foster or prospective adoptive\nparents or prospective relative or prospective successor guardians and\nother persons over the age of eighteen residing in the home of such\npersons or where child care is provided, as required under either title\nIV-E of the federal social security act or the federal child care and\ndevelopment block grant act (section nine thousand eight hundred\nfifty-eight, et seq. of title forty-two of the United States Code); and\n  (aa) a social services official who is investigating whether an adult\nis in need of protective services in accordance with the provisions of\nsection four hundred seventy-three of this chapter, when such official\nhas reasonable cause to believe such adult may be in need of protective\nservices due to the conduct of an individual or individuals who had\naccess to such adult when such adult was a child and that such reports\nand information are needed to further the present investigation.\n  (bb) an entity with appropriate legal authority in another state to\nlicense, certify or otherwise approve residential programs for foster\nchildren where disclosure of information regarding any prospective or\ncurrent employee of such program is required by paragraph twenty of\nsubdivision (a) of section six hundred seventy-one of title forty-two of\nthe United States code.\n  After a child, other than a child in residential care, who is reported\nto the central register of abuse or maltreatment reaches the age of\neighteen years, access to a child's record under subparagraphs (a) and\n(b) of this paragraph shall be permitted only if a sibling or off-spring\nof such child is before such person and is a suspected victim of child\nabuse or maltreatment. In addition, a person or official required to\nmake a report of suspected child abuse or maltreatment pursuant to\nsection four hundred thirteen of this chapter shall receive, upon\nrequest, the findings of an investigation made pursuant to this title.\nHowever, no information may be released unless the person or official's\nidentity is confirmed by the office. If the request for such information\nis made prior to the completion of an investigation of a report, the\nreleased information shall be limited to whether the report is\n"indicated", "unfounded" or "under investigation", whichever the case\nmay be. If the request for such information is made after the completion\nof an investigation of a report, the released information shall be\nlimited to whether the report is "indicated" or "unfounded", whichever\nthe case may be. A person given access to the names or other information\nidentifying the subjects of the report, or other persons named in the\nreport, except the subject of the report or other persons named in the\nreport, shall not divulge or make public such identifying information\nunless he or she is a district attorney or other law enforcement\nofficial and the purpose is to initiate court action or the disclosure\nis necessary in connection with the investigation or prosecution of the\nsubject of the report for a crime alleged to have been committed by the\nsubject against another person named in the report. Nothing in this\nsection shall be construed to permit any release, disclosure or\nidentification of the names or identifying descriptions of persons who\nhave reported suspected child abuse or maltreatment to the statewide\ncentral register or the agency, institution, organization, program or\nother entity where such persons are employed or the agency, institution,\norganization or program with which they are associated without such\npersons' written permission except to persons, officials, and agencies\nenumerated in subparagraphs (e), (f), (h), (j), (l), (m) and (v) of this\nparagraph.\n  To the extent that persons or agencies are given access to information\npursuant to subparagraphs (a), (b), (c), (j), (k), (l), (m), (o) and (q)\nof this paragraph, such persons or agencies may give and receive such\ninformation to each other in order to facilitate an investigation\nconducted by such persons or agencies.\n  (B) Notwithstanding any inconsistent provision of law to the contrary,\na city or county social services commissioner may withhold, in whole or\nin part, the release of any information which he or she is authorized to\nmake available to persons or agencies identified in subparagraphs (a),\n(k), (l), (m), (n), (o), (p) and (q) of paragraph (A) of this\nsubdivision if such commissioner determines that such information is not\nrelated to the purposes for which such information is requested or when\nsuch disclosure will be detrimental to the child named in the report.\n  (C) A city or county social services commissioner who denies access by\npersons or agencies identified in subparagraphs (a), (k), (l), (m), (n),\n(o), (p) and (q) of paragraph (A) of this subdivision to records,\nreports or other information or parts thereof maintained by such\ncommissioner in accordance with this title shall, within ten days from\nthe date of receipt of the request fully explain in writing to the\nperson requesting the records, reports or other information the reasons\nfor the denial.\n  (D) A person or agency identified in subparagraphs (a), (k), (l), (m),\n(n), (o), (p) and (q) of paragraph (A) of this subdivision who is denied\naccess to records, reports or other information or parts thereof\nmaintained by a local department pursuant to this title may bring a\nproceeding for review of such denial pursuant to article seventy-eight\nof the civil practice law and rules.\n  5. (a) Unless an investigation of a report conducted pursuant to this\ntitle that is commenced on or before December thirty-first, two thousand\ntwenty-one determines that there is some credible evidence of the\nalleged abuse or maltreatment or unless an investigation of a report\nconducted pursuant to this title that is commenced on or after January\nfirst, two thousand twenty-two determines that there is a fair\npreponderance of the evidence that the alleged abuse or maltreatment\noccurred, all information identifying the subjects of the report and\nother persons named in the report shall be legally sealed forthwith by\nthe central register and any local child protective services which\ninvestigated the report. Such unfounded reports may only be unsealed and\nmade available:\n  (i) to the office of children and family services for the purpose of\nsupervising a social services district;\n  (ii) to the office of children and family services and local or\nregional fatality review team members for the purpose of preparing a\nfatality report pursuant to section twenty or four hundred twenty-two-b\nof this chapter;\n  (iii) to a local child protective service, the office of children and\nfamily services, or all members of a local or regional multidisciplinary\ninvestigative team or the justice center for the protection of people\nwith special needs when investigating a subsequent report of suspected\nabuse, neglect or maltreatment involving a subject of the unfounded\nreport, a child named in the unfounded report, or a child's sibling\nnamed in the unfounded report pursuant to this article or article eleven\nof this chapter;\n  (iv) to the subject of the report; and\n  (v) to a district attorney, an assistant district attorney, an\ninvestigator employed in the office of a district attorney, or to a\nsworn officer of the division of state police, of a city, county, town\nor village police department or of a county sheriff's office when such\nofficial verifies that the report is necessary to conduct an active\ninvestigation or prosecution of a violation of subdivision four of\nsection 240.50 of the penal law.\n  (b) Persons given access to unfounded reports pursuant to subparagraph\n(v) of paragraph (a) of this subdivision shall not redisclose such\nreports except as necessary to conduct such appropriate investigation or\nprosecution and shall request of the court that any copies of such\nreports produced in any court proceeding be redacted to remove the names\nof the subjects and other persons named in the reports or that the court\nissue an order protecting the names of the subjects and other persons\nnamed in the reports from public disclosure. The local child protective\nservice or state agency shall not indicate the subsequent report solely\nbased upon the existence of the prior unfounded report or reports.\nNotwithstanding section four hundred fifteen of this title, section one\nthousand forty-six of the family court act, or, except as set forth\nherein, any other provision of law to the contrary, an unfounded report\nshall not be admissible in any judicial or administrative proceeding or\naction; provided, however, an unfounded report may be introduced into\nevidence: (i) by the subject of the report where such subject is a\nrespondent in a proceeding under article ten of the family court act or\nis a plaintiff or petitioner in a civil action or proceeding alleging\nthe false reporting of child abuse or maltreatment; or (ii) in a\ncriminal court for the purpose of prosecuting a violation of subdivision\nfour of section 240.50 of the penal law. Legally sealed unfounded\nreports shall be expunged ten years after the receipt of the report.\n  (c) Notwithstanding any other provision of law, the office of children\nand family services may, in its discretion, grant a request to expunge\nan unfounded report where: (i) the source of the report was convicted of\na violation of subdivision three of section 240.55 of the penal law in\nregard to such report; or (ii) the subject of the report presents clear\nand convincing evidence that affirmatively refutes the allegation of\nabuse or maltreatment; provided however, that the absence of a fair\npreponderance of the evidence supporting the allegation of abuse or\nmaltreatment shall not be the sole basis to expunge the report. Nothing\nin this paragraph shall require the office of children and family\nservices to hold an administrative hearing in deciding whether to\nexpunge a report. Such office shall make its determination upon\nreviewing the written evidence submitted by the subject of the report\nand any records or information obtained from the state or local agency\nwhich investigated the allegations of abuse or maltreatment.\n  5-a. Upon notification from a local social services district, that a\nreport is part of the family assessment and services track pursuant to\nsubparagraph (i) of paragraph (c) of subdivision four of section four\nhundred twenty-seven-a of this title, the central register shall\nforthwith identify the report as an assessment track case and legally\nseal such report. Access to reports assigned to, and records created\nunder the family assessment and services track and information\nconcerning such reports and records is governed by paragraph (d) of\nsubdivision five of section four hundred twenty-seven-a of this title.\n  6. In all other cases, the record of the report to the statewide\ncentral register shall be expunged ten years after the eighteenth\nbirthday of the youngest child named in the report. In the case of a\nchild in residential care the record of the report to the statewide\ncentral register shall be expunged ten years after the reported child's\neighteenth birthday. In any case and at any time, the commissioner of\nthe office of children and family services may amend any record upon\ngood cause shown and notice to the subjects of the report and other\npersons named in the report. Provided however, any report indicated for\nmaltreatment based solely on the purchase, possession or consumption of\ncannabis, without a showing that the child's physical, mental or\nemotional condition was impaired or was in imminent danger of becoming\nimpaired in accordance with the definition of child maltreatment as\nprovided for in section four hundred twelve of this title is established\nby a fair preponderance of the evidence shall immediately be sealed upon\na request pursuant to subdivision eight of this section or section four\nhundred twenty-four-a of this title.\n  7. At any time, a subject of a report and other persons named in the\nreport may receive, upon request, a copy of all information contained in\nthe central register; provided, however, that the office of children and\nfamily services shall not release information identifying a person who\nmade a report pursuant to section four hundred fourteen of this title\nexcept with that person's permission or pursuant to subdivision (b) of\nsection one thousand thirty-eight of the family court act or pursuant to\nsection four hundred twenty-four-a of this title; and that the\ncommissioner is authorized to prohibit the release of data that would\nidentify the person who made the report or who cooperated in a\nsubsequent investigation or the agency, institution, organization,\nprogram or other entity where such person is employed or with which such\nperson is associated, which the commissioner reasonably finds will be\ndetrimental to the safety or interests of such person.\n  8. (a) (i) At any time subsequent to the completion of the\ninvestigation but in no event later than ninety days after the subject\nof the report is notified that the report is indicated the subject may\nrequest the commissioner to amend the record of the report. If the\ncommissioner does not amend the report in accordance with such request\nwithin ninety days of receiving the request, the subject shall have the\nright to a fair hearing, held in accordance with paragraph (b) of this\nsubdivision, to determine whether the record of the report in the\ncentral register should be amended on the grounds that it is inaccurate\nor it is being maintained in a manner inconsistent with this title.\n  (ii) Upon receipt of a request to amend the record of a child abuse\nand maltreatment report the office of children and family services shall\nimmediately send a written request to the child protective service which\nwas responsible for investigating the allegations of abuse or\nmaltreatment for all records, reports and other information maintained\nby the service pertaining to such indicated report. Where a proceeding\npursuant to article ten of the family court act based on the same\nallegations that were indicated is pending, the request to amend shall\nbe stayed until the disposition of such family court proceeding. The\nservice shall as expeditiously as possible but within no more than\ntwenty working days of receiving such request, forward all records,\nreports and other information it maintains on such indicated report to\nthe office of children and family services, including a copy of any\npetition or court order based on the allegations that were indicated.\nUnless such request to amend has been stayed, the office of children and\nfamily services shall as expeditiously as possible but within no more\nthan fifteen working days of receiving such materials from the child\nprotective service or state agency, review all such materials in its\npossession concerning the indicated report and determine, after\naffording such service a reasonable opportunity to present its views,\nwhether there is a fair preponderance of the evidence to find that the\nsubject committed the act or acts of child abuse or maltreatment giving\nrise to the indicated report and whether, based on guidelines developed\nby the office of children and family services pursuant to subdivision\nfive of section four hundred twenty-four-a of this title, such act or\nacts could be relevant and reasonably related to employment of the\nsubject of the report by a provider agency, as defined by subdivision\nthree of section four hundred twenty-four-a of this title, or relevant\nand reasonably related to the subject of the report being allowed to\nhave regular and substantial contact with children who are cared for by\na provider agency, or relevant and reasonably related to the approval or\ndisapproval of an application submitted by the subject of the report to\na licensing agency, as defined by subdivision four of section four\nhundred twenty-four-a of this title.\n  (iii) If it is determined at the review held pursuant to this\nparagraph that there is not a fair preponderance of the evidence in the\nrecord to find that the subject committed an act or acts of child abuse\nor maltreatment, the office of children and family services shall amend\nthe record to indicate that the report is "unfounded" and notify the\nsubject forthwith.\n  (iv) If it is determined at the review held pursuant to this paragraph\nthat there is a fair preponderance of the evidence in the record to find\nthat the subject committed such act or acts but that such act or acts\ncould not be relevant and reasonably related to the employment of the\nsubject by a provider agency or to the subject being allowed to have\nregular and substantial contact with children who are cared for by a\nprovider agency or the approval or disapproval of an application which\ncould be submitted by the subject to a licensing agency, the office of\nchildren and family services shall be precluded from informing a\nprovider or licensing agency which makes an inquiry to such office\npursuant to the provisions of section four hundred twenty-four-a of this\ntitle concerning the subject that the person about whom the inquiry is\nmade is the subject of an indicated report of child abuse or\nmaltreatment. The office of children and family services shall notify\nforthwith the subject of the report of such determinations and that a\nfair hearing has been scheduled pursuant to paragraph (b) of this\nsubdivision. The sole issue at such hearing shall be whether the subject\nhas been shown by a fair preponderance of the evidence to have committed\nthe act or acts of child abuse or maltreatment giving rise to the\nindicated report.\n  (v) If it is determined at the review held pursuant to this paragraph\nthat there is a fair preponderance of the evidence in the record to\nprove that the subject committed an act or acts of child abuse or\nmaltreatment and that such act or acts could be relevant and reasonably\nrelated to the employment of the subject by a provider agency or to the\nsubject being allowed to have regular and substantial contact with\nchildren cared for by a provider agency or the approval or disapproval\nof an application which could be submitted by the subject to a licensing\nagency, the office of children and family services shall notify\nforthwith the subject of the report of such determinations and that a\nfair hearing has been scheduled pursuant to paragraph (b) of this\nsubdivision.\n  (b) (i) If the department, within ninety days of receiving a request\nfrom the subject that the record of a report be amended, does not amend\nthe record in accordance with such request, the department shall\nschedule a fair hearing and shall provide notice of the scheduled\nhearing date to the subject, the statewide central register and, as\nappropriate, to the child protective service or the state agency which\ninvestigated the report.\n  (ii) The burden of proof in such a hearing shall be on the child\nprotective service which investigated the report. In such a hearing,\nwhere a family court proceeding pursuant to article ten of the family\ncourt act has occurred and where the petition for such proceeding\nalleges that a respondent in that proceeding committed abuse or neglect\nagainst the subject child in regard to an allegation contained in a\nreport indicated pursuant to this section: (A) where the court finds\nthat such respondent did commit abuse or neglect there shall be an\nirrebuttable presumption in a fair hearing held pursuant to this\nsubdivision that said allegation is substantiated by a fair\npreponderance of the evidence as to that respondent on that allegation;\nand (B) where such child protective service withdraws such petition with\nprejudice, where the family court dismisses such petition, or where the\nfamily court finds on the merits in favor of the respondent, there shall\nbe an irrebuttable presumption in a fair hearing held pursuant to this\nsubdivision that said allegation as to that respondent has not been\nproven by a fair preponderance of the evidence.\n  (c) (i) If it is determined at the fair hearing that there is not a\nfair preponderance of the evidence in the record to find that the\nsubject committed an act or acts of child abuse or maltreatment, the\noffice of children and family services shall amend the record to reflect\nthat such a finding was made at the administrative hearing, order any\nchild protective service which investigated the report to similarly\namend its records of the report, and shall notify the subject forthwith\nof the determination.\n  (ii) Upon a determination made at a fair hearing scheduled pursuant to\nthe provisions of subparagraph (v) of paragraph (a) of this subdivision\nthat the subject has been shown by a fair preponderance of the evidence\nto have committed the act or acts of child abuse or maltreatment giving\nrise to the indicated report, the hearing officer shall determine, based\non guidelines developed by the office of children and family services\npursuant to subdivision five of section four hundred twenty-four-a of\nthis title, whether such act or acts are relevant and reasonably related\nto employment of the subject by a provider agency, as defined by\nsubdivision three of section four hundred twenty-four-a of this title,\nor relevant and reasonably related to the subject being allowed to have\nregular and substantial contact with children who are cared for by a\nprovider agency or relevant and reasonably related to the approval or\ndisapproval of an application submitted by the subject to a licensing\nagency, as defined by subdivision four of section four hundred\ntwenty-four-a of this title.\n  Upon a determination made at a fair hearing that the act or acts of\nabuse or maltreatment are relevant and reasonably related to employment\nof the subject by a provider agency or the subject being allowed to have\nregular and substantial contact with children who are cared for by a\nprovider agency or the approval or denial of an application submitted by\nthe subject to a licensing agency, the office of children and family\nservices shall notify the subject forthwith. The office of children and\nfamily services shall inform a provider or licensing agency which makes\nan inquiry to such office pursuant to the provisions of section four\nhundred twenty-four-a of this title concerning the subject that the\nperson about whom the inquiry is made is the subject of an indicated\nchild abuse or maltreatment report.\n  The failure to determine at the fair hearing that the act or acts of\nabuse and maltreatment are relevant and reasonably related to the\nemployment of the subject by a provider agency or to the subject being\nallowed to have regular and substantial contact with children who are\ncared for by a provider agency or the approval or denial of an\napplication submitted by the subject to a licensing agency shall\npreclude the office of children and family services from informing a\nprovider or licensing agency which makes an inquiry to such office\npursuant to the provisions of section four hundred twenty-four-a of this\ntitle concerning the subject that the person about whom the inquiry is\nmade is the subject of an indicated child abuse or maltreatment report.\n  (d) The commissioner or his or her designated agent is hereby\nauthorized and empowered to make any appropriate order respecting the\namendment of a record to make it accurate or consistent with the\nrequirements of this title.\n  (e) Should the office of children and family services grant the\nrequest of the subject of the report pursuant to this subdivision either\nthrough an administrative review or fair hearing to amend an indicated\nreport to an unfounded report, such report shall be legally sealed and\nshall be released and expunged in accordance with the standards set\nforth in subdivision five of this section.\n  9. Written notice of any expungement or amendment of any record, made\npursuant to the provisions of this title, shall be served forthwith upon\neach subject of such record, other persons named in the report, the\ncommissioner, and, as appropriate, the applicable local child protective\nservice, the justice center for the protection of people with special\nneeds, department of education, office of mental health, office for\npeople with developmental disabilities, the local social services\ncommissioner or school district placing the child, any attorney for the\nchild appointed to represent the child whose appointment has been\ncontinued by a family court judge during the term of a child's\nplacement, and the director or operator of a residential care facility\nor program. The local child protective service or the state agency which\ninvestigated the report, upon receipt of such notice, shall take the\nappropriate similar action in regard to its child abuse and maltreatment\nregister and records and inform, for the same purpose, any other agency\nwhich received such record.\n  12. Any person who willfully permits and any person who encourages the\nrelease of any data and information contained in the central register to\npersons or agencies not permitted by this title shall be guilty of a\nclass A misdemeanor.\n  13. There shall be a single statewide telephone number for use by all\npersons seeking general information about child abuse, maltreatment or\nwelfare other than for the purpose of making a report of child abuse or\nmaltreatment.\n  14. The office shall refer suspected cases of falsely reporting child\nabuse and maltreatment in violation of subdivision four of section\n240.50 of the penal law to the appropriate law enforcement agency or\ndistrict attorney.\n
N.Y. PBA Law § 1120-A — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-A
Definitions
Status: in_force

§ 1120-a. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" means the corporation created by section eleven hundred\ntwenty-c of this title.\n  2. "Board" means the members of the authority constituting and acting\nas the governing board of the authority.\n  3. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title, and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n  4. "Civil service commission" shall mean the civil service commission\nof the county of Saratoga.\n  5. "Comptroller" means the comptroller of the state of New York.\n  6. "Construction" means the negotiation, acquisition, erection,\nbuilding, alteration, improvement, increase, enlargement, extension,\nreconstruction, renovation, interconnection, or rehabilitation of a\nwater system; the inspection and supervision thereof; and the\nengineering, architectural, legal, appraisal, fiscal, economic and\nenvironmental investigations, services, studies, surveys, designs,\nplans, working drawings, specifications, procedures and other actions\npreliminary or incidental thereto.\n  7. "Cost" as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, real,\npersonal and mixed, and improved and unimproved, the cost of\ndemolishing, removing or relocating any buildings or structures on lands\nso acquired, including the cost of acquiring any lands to which such\nbuildings or structures may be moved or relocated, the cost of all\nsystems, facilities, machinery, apparatus and equipment, financing\ncharges, interest prior to, during and after construction to the extent\nnot paid or provided for from revenues or other sources, the cost of\nengineering and architectural surveys, plans and specifications, the\ncost of consultant and legal services, the cost of lease guarantee or\nbond insurance and the cost of other expenses necessary or incidental to\nthe construction of such project and the financing of the construction\nthereof including the amount authorized in the resolution of the\nauthority providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including the\nreimbursement to the town, or any municipality, state agency, the state,\nthe United States government, or any other person for expenditures that\nwould be costs of the project hereunder had they been made directly by\nthe authority.\n  8. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis not a transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  9. "District" means the Clifton Park water district created by section\neleven hundred twenty-b of this title.\n  9-a. "Sewer district" means a sewer district created by the town of\nClifton Park.\n  10. "Governing body" means:\n  (a) In the case of a city, county, town or village or district\ncorporation, the finance board as such term is defined in the local\nfinance law; or\n  (b) In the case of a public benefit corporation, the members thereof.\n  11. "Municipality" means any county, city, town, village, improvement\ndistrict under the town law, any other such instrumentality, including\nany agency or public corporation of the state, or any of the foregoing\nor any combination thereof.\n  12. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  13. "Project" means any water facility.\n  14. "Properties" means the water system or systems of the authority,\nwhether situated within or without the territorial limits of the\ndistrict, including the plants, works, structures, instrumentalities or\npart thereof and appurtenances thereto, real property, water facilities\nor any other property incidental to and included in such system or\nsystems or part thereof, and any improvements, extensions and\nbetterments.\n  15. "Real property" means lands, structures, franchises, rights and\ninterests in lands, waters, lands underwater, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fee simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  16. "Revenues" means all rates, rents, fees, charges, payments and\nother income and receipts derived from the operation of the properties\nof the authority including, without limiting the generality of the\nforegoing, investment proceeds and proceeds of insurance, condemnation,\nand sales or other dispositions of assets, together with all federal,\nstate or municipal aid.\n  17. "State" shall mean the state of New York.\n  18. "State agency" means any state office, public benefit corporation,\ndepartment, board, commission, bureau or division, or other agency or\ninstrumentality of the state.\n  19. "State sanitary code" means the regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  20. "Supply facility" means a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  21. "Town" means the town of Clifton Park.\n  22. "Town board" means the town board of the town.\n  23. "Town supervisor" means the town supervisor of the town.\n  24. "Transmission facility" means a water facility used to carry water\nfrom a supply facility to a distribution system.\n  25. "Treasurer" means the treasurer of the authority.\n  26. "Water facility" or "water facilities" means any plants, works,\ninstrumentalities, structures and other real and personal property\nacquired, rehabilitated or constructed or planned for the purpose of\naccumulating, supplying, transmitting, heating or distributing water,\nincluding but not limited to surface or groundwater reservoirs, basins,\ndams, canals, aqueducts, standpipes, conduits, pipelines, mains, pumping\nstations, pumps, water distribution systems, compensating reservoirs,\nintake stations, waterworks or sources of water supply, wells,\npurification or filtration plants or other treatment plants and works,\ncontract rights, franchises, approaches, connections, permits, water\nmeters, rights of flowage or diversion and other plants, structures,\nequipment, vehicles, conveyances, real or personal property or rights\ntherein and appurtenances thereto necessary or useful and convenient for\nthe accumulation, supply, transmission, treatment or distribution of\nwater.\n  27. "Watershed rules" means the rules and regulations made by the\ndepartment of health pursuant to section eleven hundred of the public\nhealth law.\n
N.Y. PBH Law § 2160 — New York Code / Act PBH / Article 21 / Title 6 / Section 2160
Poliomyelitis; persons twenty-one years of age and over; medical inspection
Status: in_force

§ 2160. Poliomyelitis; persons twenty-one years of age and over;\nmedical inspection.  In addition to the powers and duties prescribed by\nsection two thousand one hundred of this chapter, every local board of\nhealth and every health officer shall exercise proper and vigilant\nmedical inspection of all persons twenty-one years of age or over,\ninfected or who have been infected with poliomyelitis.\n
N.Y. EDN Law § 4113 — New York Code / Act EDN / Title 6 / Article 83 / Section 4113
Census
Status: in_force

§ 4113. Census.  The commissioner of education shall cause to be taken\na complete annual census of the Indian children between birth and\neighteen years of age on any reservation; such census shall be taken\nbetween the first day of May and the last day of August and shall\ninclude all such facts and information as are required by section\nthirty-two hundred forty-one of this chapter. A report of such census\nshall be prepared in duplicate and a copy filed with the commissioner on\nor before the fifteenth day of October.\n
N.Y. EDN Law § 4357 — New York Code / Act EDN / Title 6 / Article 88 / Section 4357
School district and social services district financial responsibility
Status: in_force

§ 4357. School district and social services district financial\nresponsibility. 1. Financial responsibilities. School districts and\nsocial services districts shall be responsible for the costs of tuition\nand maintenance, respectively, for children attending the New York state\nschool for the deaf during the September first through June thirtieth\nsession. Such costs shall be established pursuant to section forty-four\nhundred five of this chapter.  a. The school district of which any such\nchild is resident at the time of admission or readmission to the New\nYork State school for the deaf pursuant to this article shall be\nrequired to reimburse the state in an amount equal to the tuition\npayments made to the state school by the state on behalf of the school\ndistrict. The comptroller shall deduct the appropriate tuition amounts\nfrom any state funds which become due to a school district for each year\nin which such child is in attendance at such school, and shall deposit\nsuch funds to the special revenue accounts established for such purpose.\nAny tuition amounts deducted pursuant to this subdivision shall be\nincluded in the approved operating expense of the school district\npursuant to paragraph t of subdivision one of section thirty-six hundred\ntwo of this chapter.\n  b. The social services district in which any such child is resident at\nthe time of admission or readmission to the New York state school for\nthe deaf pursuant to this article shall be required to reimburse the\nstate in an amount equal to the maintenance payments made to the state\nschool by the state on behalf of the social services district. The\ncomptroller may deduct the appropriate maintenance amounts from any\nstate funds which become due to a social services district for each year\nin which such child is in attendance at such school only upon\nnotification by the commissioner of social services after receiving\nnotice by the commissioner of education that such social services\ndistrict has failed to remit the required maintenance payments within\nninety days of the date on which such social services district is billed\nby the state for services rendered, and shall deposit such amount to the\nspecial revenue accounts established for such purpose.\n  2. Payment for preschool children with handicapping conditions. The\nstate share of the costs of tuition, maintenance and transportation for\npreschool children attending the New York state school for the deaf\nduring the July and August summer session and the September through June\nsession shall be paid from the state moneys appropriated in support of\nthe provisions of section forty-four hundred ten of this chapter. The\nremaining share shall be a charge on the county, or the city of New\nYork, of which any such child is resident at the time of admission or\nreadmission to such school. The state share shall be as set forth in\nparagraph b of subdivision eleven of section forty-four hundred ten of\nthis chapter. For the purposes of this subdivision "preschool child"\nshall mean a child not eligible, by reason of age, for the deaf-infant\nprogram pursuant to section forty-two hundred four-a of this chapter and\nnot eligible, by reason of age, to attend the public schools pursuant to\nsection thirty-two hundred two of this chapter, provided that a child\nshall be deemed a preschool child through the month of August of the\nschool year in which the child first becomes eligible to attend the\npublic schools. Preschool education charges on a county, or the city of\nNew York, pursuant to this subdivision shall be deducted by the\ncomptroller within thirty days of the issuance of a warrant by the\ncommissioner from any state funds which become due to a county, or the\ncity of New York, and be credited to the special revenue account\nestablished for such purpose. Such tuition, maintenance and\ntransportation costs shall be determined pursuant to section forty-four\nhundred five of this chapter.\n  3. Deaf infants. The full costs of a deaf-infant program, as\ndetermined by the commissioner of education and approved by the director\nof the budget, for children below the age of three served by the New\nYork state school for the deaf pursuant to section forty-two hundred\nfour-a of this chapter shall be paid from the state moneys appropriated\nin support of such section forty-two hundred four-a.\n
N.Y. PBA Law § 1149-E — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-E
Advances on behalf of the authority; transfer of property to the authority; acquisition of property by county for authority
Status: in_force

§ 1149-e. Advances on behalf of the authority; transfer of property to\nthe authority; acquisition of property by county for authority. 1. In\naddition to any powers granted to it by law, the county from time to\ntime may appropriate sums of money, after approval by the board of\nsupervisors, to or on behalf of the authority to defray project costs or\nany other costs and expenses of the authority. Subject to the rights of\nbondholders, the county at the time of the appropriation shall determine\nif the moneys so appropriated shall be subject to repayment by the\nauthority to the county and, in such event, the manner and time or times\nfor such repayment.\n  2. The county or any other municipality may give, grant, sell, convey,\nloan, license the use of or lease to the authority any property or\nfacility which is useful to the authority in order to carry out its\npowers under this title. Any such transfer of property shall be upon\nsuch terms and conditions, subject to the rights of the holders of any\nbonds, as the authority and the county or other municipality may agree.\n  3. The county may acquire by purchase or by exercise of the power of\neminent domain real property in the name of the county for any corporate\npurpose of the authority.\n  4. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by the authority or the\ncounty from the state may be used for any corporate purpose of the\nauthority.\n
N.Y. SOS Law § 416 — New York Code / Act SOS / Article 6 / Title 6 / Section 416
Obligations of persons required to report
Status: in_force

§ 416.  Obligations of persons required to report.  Any person or\nofficial required to report cases of suspected child abuse and\nmaltreatment may take or cause to be taken at public expense photographs\nof the areas of trauma visible on a child who is subject to a report\nand, if medically indicated, cause to be performed a radiological\nexamination on the child.  Any photographs or x-rays taken shall be sent\nto the child protective service at the time the written report is sent,\nor as soon thereafter as possible.  Whenever such person is required to\nreport under this title in his capacity as a member of the staff of a\nmedical or other public or private institution, school, facility, or\nagency, he shall immediately notify the person in charge of such\ninstitution, school, facility or agency, or his designated agent, who\nshall then take or cause to be taken at public expense color photographs\nof visible trauma and shall, if medically indicated, cause to be\nperformed a radiological examination on the child.\n
N.Y. PBA Law § 1742 — New York Code / Act PBA / Article 8 / Title 6 / Section 1742
Exemption of the authority
Status: in_force

§ 1742. Exemption of the authority. 1. Notwithstanding any other\nprovision of law, any real or personal property, while owned or subject\nto any rights of the authority, shall be exempt from all taxes, special\nassessments and special ad valorem levies and from the payment of any\nand all charges, rents or other payments to the city, other than charges\nfor services provided by the city's water and sewer systems. In\naddition, any in rem actions or proceedings brought against such\nproperty by the city or any other actions or proceedings concerning any\nof the above brought against the authority by the city, and any such\nactions or proceedings shall be void and shall be subject to dismissal\nupon application of the authority at the sole expense of the city of New\nYork. In no instance shall title to any such property pass to the city\nof New York except by deed or other appropriate document of sale,\nrelease or conveyance executed by the authority.\n  2. Debts of the authority shall not be considered debts of the state\nor debts of the city.\n
N.Y. PBA Law § 3644 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3644
Transfer of applications, proceedings, approvals, and permits
Status: in_force

§ 3644. Transfer of applications, proceedings, approvals, and permits.\n1. Any application, review, or process in relation to or in furtherance\nof the purposes of or contemplated by this title heretofore filed or\nundertaken, or any proceeding heretofore commenced, or any\ndetermination, finding, or award made, by the county or by the county\nwith the federal government, the state department of health, or any\nother public corporation shall inure to and for the benefit of the\ncorporation to the same extent and in the same manner as if the\ncorporation has been a party to such application, review, process, or\nproceeding from its inception, and the corporation shall be deemed a\nparty thereto, to the extent not prohibited by any federal law. Any\nlicense, approval, permit, determination, finding, award, or decision\nheretofore or hereafter issued or granted pursuant to or as a result of\nany such application, review, process, or proceeding shall inure to the\nbenefit of and be binding upon the corporation and shall be assigned and\ntransferred by the county to the corporation, unless such assignment and\ntransfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits,\ndeterminations, findings, awards, and decisions shall further inure to\nand for the benefit of and be binding upon any person leasing,\nacquiring, financing, constructing, maintaining, operating, using, or\noccupying any facility transferred by the county to the corporation\npursuant to this title.\n
N.Y. EDN Law § 4404-A — New York Code / Act EDN / Title 6 / Article 89 / Section 4404-A
Mediation program for students with disabilities
Status: in_force

§ 4404-a. Mediation program for students with disabilities. * 1. The\ncommissioner, in consultation with the office of court administration,\nshall establish a special education mediation program. For all school\ndistricts and state agencies responsible for the provision of special\neducation, mediation of disputes regarding the provision of a free,\nappropriate public education, including matters arising prior to the\nfiling of a complaint pursuant to subdivision one of section forty-four\nhundred four of this article, shall be conducted by mediators furnished\nby a community dispute resolution center under article twenty-one-A of\nthe judiciary law.\n  * NB Effective until June 30, 2027\n  * 1. The commissioner, in consultation with the office of court\nadministration, shall establish a special education mediation program.\nIn all school districts, mediation of disputes regarding the provision\nof a free, appropriate public education shall be conducted by mediators\nfurnished by a community dispute resolution center under article\ntwenty-one-A of the judiciary law.\n  * NB Effective June 30, 2027\n  2. The board of education or trustees of each school district shall\ninform parents or persons in parental relationship of students with\ndisabilities of the availability of the mediation program to resolve\ncomplaints regarding the education of a student with a disability at the\nsame time notice of the availability of the impartial hearing procedures\nis provided to such parents or persons in parental relationship.\n  3. Notwithstanding any other provision of law to the contrary, the\ncommissioner, in consultation with the office of court administration,\nshall assure that a list of qualified mediators who are knowledgeable in\nthe laws and regulations relating to the provision of special education\nand related services is maintained. For purposes of this section, if not\nselected through a rotational selection process, mediators shall be\nselected by mutual agreement of both parties to the mediation.\n  * 4. A school district may establish procedures to offer parents or\npersons in parental relation and schools that elect not to use the\nmediation process the opportunity to meet, at a time and place\nconvenient to such parents or persons in parental relation, with a\ndisinterested party who is under contract with a community dispute\nresolution center, to encourage the use of the mediation process by such\nparents and explain its benefits.\n  * NB Effective until June 30, 2027\n  * 4. A school district may establish procedures to require parents or\npersons in parental relationship who elect not to use the mediation\nprocess to meet, at a time and place convenient to such parents or\npersons in parental relationship, with a disinterested party who is\nunder contract with a community dispute resolution center, to encourage\nthe use of the mediation process by such parents and explain its\nbenefits.\n  * NB Effective June 30, 2027\n  * 5. Each session in the mediation process shall be scheduled in a\ntimely manner, and shall be held in a location that is convenient to the\nparties to the dispute. An agreement reached by the parties to the\ndispute in the mediation process shall be set forth in a written\nmediation agreement. Such agreement shall be a legally binding agreement\nthat sets forth the resolution of the dispute and: (i) states that all\ndiscussions that occurred during the mediation process shall be\nconfidential and may not be used as evidence in any subsequent due\nprocess hearing or civil action or proceeding; (ii) is signed by both\nthe parent or person in parental relation and a representative of the\nschool district or agency who has the authority to bind such school\ndistrict or agency; and (iii) is enforceable in any state court of\ncompetent jurisdiction or in a United States district court. The\ncommittee on special education or committee on preschool special\neducation shall immediately amend the student's individualized education\nprogram to be consistent with such mediation agreement. Discussions that\noccur in the mediation process shall be confidential, and may not be\nused as evidence in any subsequent proceedings pursuant to section\nforty-four hundred four of this article or in any subsequent civil\nactions or proceedings.\n  * NB Effective until June 30, 2027\n  * 5. Each session in the mediation process shall be scheduled in a\ntimely manner, and shall be held in a location that is convenient to the\nparties to the dispute. An agreement reached by the parties to the\ndispute in the mediation process shall be set forth in a written\nmediation agreement. The committee on special education or committee on\npreschool special education shall immediately amend the student's\nindividualized education program to be consistent with such mediation\nagreement. Discussions that occur in the mediation process shall be\nconfidential, and may not be used as evidence in any subsequent\nproceedings pursuant to section forty-four hundred four of this article\nor in any subsequent civil actions or proceedings. The parties to the\nmediation process may be required to sign a confidentiality pledge prior\nto the commencement of the process.\n  * NB Effective June 30, 2027\n  6. The provisions of this section shall not operate to diminish, deny,\ndelay, or limit any rights provided for by this article or any other\nprovisions of law, including the right of a parent or person in parental\nrelationship to request an impartial hearing.\n  7. Nothing in this section shall be construed to limit a parent or\nperson in parental relationship from requesting an impartial hearing,\npursuant to the provisions of section forty-four hundred four of this\narticle without utilizing the procedures set forth in this section. No\nsuch person shall be deemed to have failed to exhaust administrative\nremedies by requesting such an impartial hearing in the absence of or\nprior to mediation, as provided for by this section.\n
N.Y. PBA Law § 1149-F — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-F
Transfer of officers and employees
Status: in_force

§ 1149-f. Transfer of officers and employees. Any officer or employee\nunder civil service who is selected by the authority and may be\ntransferred to the authority and shall be eligible for such transfer and\nappointment without examination to comparable offices, positions and\nemployment under the authority.\n  The salary or compensation of any such officer or employee, as\ndetermined by the authority, shall after such transfer be paid by the\nauthority.\n  Any such officers or employees so transferred to the authority\npursuant to this section, who are members of or beneficiaries under any\nexisting pension or retirement fund or system, shall continue to have\nall rights, privileges, obligations and status with respect to such fund\nor system as are now prescribed by law, but during the period of their\nemployment by the authority, all contributions to such funds or systems\nto be paid by the employer on account of such officers or employees\nshall be paid by the authority.\n  All such officers and employees so transferred to the authority who\nhave been appointed to positions under the rules and classifications of\nthe civil service commission shall have the same status with respect\nthereto after transfer to the authority as they had under their original\nappointments. The appointment and promotion of all employees of the\nauthority shall be made in accordance with the provisions of the civil\nservice law and such rules as the civil service commission may adopt and\nmake applicable to the authority.\n
N.Y. PBA Law § 1142 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1142
Town may levy tax within district
Status: in_force

* § 1142. Town may levy tax within district. Should it appear to the\ntown board at any time that the revenue of the authority is or will be\ninsufficient to provide for the payment of any bonds issued under this\ntitle and to reimburse the town for any moneys that it may have advanced\nto the authority, the town board shall determine the amount of money\nnecessary to be raised for such purpose, and shall levy a tax on the\nterritory of the district located within the town and upon the several\nparcels of real estate in the district located within the town in an\namount sufficient to produce the amount necessary to be raised as\naforesaid; provided that such tax shall not be levied to pay any bonds\nof the authority unless the authority with the consent of the town board\nhas pledged such tax prior to the issuance of such bonds. Such tax shall\nbe levied and apportioned upon such territory located within the town\nand collected from the several parcels of real estate in the district\nlocated within the town in like manner as other town taxes. It is hereby\ndetermined that the liability imposed upon the territory included in the\ndistrict located within the town is based upon the special benefit to\nsuch territory accruing under this title and that the tax to be levied\nbecause of such liability and in proportion to the taxable value of real\nestate in such territory will be in proportion to such benefits.\n  * NB There are 2 § 1142's\n
N.Y. PBA Law § 1120-E — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-E
Advances on behalf of the authority; transfer of property to authority; acquisition of property by town for authority
Status: in_force

§ 1120-e. Advances on behalf of the authority; transfer of property to\nauthority; acquisition of property by town for authority. 1. In addition\nto any powers granted to it by law, the town, from time to time, may\nappropriate sums of money to or on behalf of the authority to defray\nproject costs or any other costs and expenses of the authority. Subject\nto the rights of bondholders, the town may determine if the moneys so\nappropriated shall be subject to repayment by the authority to the town\nand, in such event, the manner and time or times for such repayment.\n  2. The town or any other municipality may give, grant, sell, convey,\nloan, license the use of or lease to the authority any property or\nfacility which is useful to the authority in order to carry out its\npowers under this title. Any such transfer of property shall be upon\nsuch terms and conditions, subject to the rights of the holders of any\nbonds, as the authority and the town or other municipality may agree.\n  3. The town may acquire by purchase or by exercise of the power of\neminent domain real property in the name of the town for any corporate\npurpose of the authority.\n  4. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by the authority or the\ntown from the state may be used for any corporate purpose of the\nauthority.\n
N.Y. EDN Law § 4103 — New York Code / Act EDN / Title 6 / Article 83 / Section 4103
Indian children not entitled to free tuition in public schools
Status: in_force

§ 4103. Indian children not entitled to free tuition in public\nschools.  Indian children residing on a reservation are not entitled to\nfree tuition in districts outside the reservation but may be received\ninto the schools of such districts on the approval of the trustees\nthereof and the commissioner of education.\n
N.Y. VAT Law § 600 — New York Code / Act VAT / Title 6 / Article 22 / Section 600
Leaving scene of an incident without reporting
Status: in_force

§ 600. Leaving scene of an incident without reporting. 1. Property\ndamage. a. Any person operating a motor vehicle who, knowing or having\ncause to know that damage has been caused to the real property or to the\npersonal property, not including animals, of another, due to an incident\ninvolving the motor vehicle operated by such person shall, before\nleaving the place where the damage occurred, stop, exhibit his or her\nlicense and insurance identification card for such vehicle, when such\ncard is required pursuant to articles six and eight of this chapter, and\ngive his or her name, residence, including street and number, insurance\ncarrier and insurance identification information including but not\nlimited to the number and effective dates of said individual's insurance\npolicy, and license number to the party sustaining the damage, or in\ncase the person sustaining the damage is not present at the place where\nthe damage occurred then he or she shall report the same as soon as\nphysically able to the nearest police station, or judicial officer. In\naddition to the foregoing, any such person shall also: (i) (A) produce\nthe proof of insurance coverage required pursuant to article\nforty-four-B of this chapter if such person is a TNC driver operating a\nTNC vehicle while the incident occurred who was (1) logged on to the\nTNC's digital network but not engaged in a TNC prearranged trip or (2)\nwas engaged in a TNC prearranged trip; and (B) disclose whether he or\nshe, at the time such incident occurred, was (1) logged on to the TNC's\ndigital network but not engaged in a TNC prearranged trip or (2) was\nengaged in a TNC prearranged trip, or (ii) (A) produce the proof of\ninsurance coverage required pursuant to article forty of the general\nbusiness law if such person is a shared vehicle owner or shared vehicle\ndriver operating a shared vehicle during a peer-to-peer car sharing\nperiod while the incident occurred; and (B) disclose whether he or she,\nat the time such incident occurred, was operating a shared vehicle\nduring a peer-to-peer car sharing period.\n  b. It shall be the duty of any member of a law enforcement agency who\nis at the scene of the accident to request the said operator or\noperators of the motor vehicles, when physically capable of doing so, to\nexchange the information required hereinabove and such member of a law\nenforcement agency shall assist such operator or operators in making\nsuch exchange of information in a reasonable and harmonious manner.\n  A violation of the provisions of paragraph a of this subdivision shall\nconstitute a traffic infraction punishable by a fine of up to two\nhundred fifty dollars or a sentence of imprisonment for up to fifteen\ndays or both such fine and imprisonment.\n  2. Personal injury. a. Any person operating a motor vehicle who,\nknowing or having cause to know that personal injury has been caused to\nanother person, due to an incident involving the motor vehicle operated\nby such person shall, before leaving the place where the said personal\ninjury occurred, stop, exhibit his or her license and insurance\nidentification card for such vehicle, when such card is required\npursuant to articles six and eight of this chapter, and give his or her\nname, residence, including street and street number, insurance carrier\nand insurance identification information including but not limited to\nthe number and effective dates of said individual's insurance policy and\nlicense number, to the injured party, if practical, and also to a police\nofficer, or in the event that no police officer is in the vicinity of\nthe place of said injury, then, he or she shall report said incident as\nsoon as physically able to the nearest police station or judicial\nofficer. In addition to the foregoing, any such person shall also: (i)\n(A) produce the proof of insurance coverage required pursuant to article\nforty-four-B of this chapter if such person is a TNC driver operating a\nTNC vehicle at the time of the incident who was (1) logged on to the\nTNC's digital network but not engaged in a TNC prearranged trip or (2)\nwas engaged in a TNC prearranged trip; and (B) disclose whether he or\nshe, at the time such incident occurred, was (1) logged on to the TNC's\ndigital network but not engaged in a TNC prearranged trip or (2) was\nengaged in a TNC prearranged trip, or (ii) (A) produce the proof of\ninsurance coverage required pursuant to article forty of the general\nbusiness law if such person is a shared vehicle owner or shared vehicle\ndriver operating a shared vehicle during a peer-to-peer car sharing\nperiod while the incident occurred; and (B) disclose whether he or she,\nat the time such incident occurred, was operating a shared vehicle\nduring a peer-to-peer car sharing period.\n  b. It shall be the duty of any member of a law enforcement agency who\nis at the scene of the accident to request the said operator or\noperators of the motor vehicles, when physically capable of doing so, to\nexchange the information required hereinabove and such member of a law\nenforcement agency shall assist such operator or operators in making\nsuch exchange of information in a reasonable and harmonious manner.\n  c. A violation of the provisions of paragraph a of this subdivision\nresulting solely from the failure of an operator to exhibit his or her\nlicense and insurance identification card for the vehicle or exchange\nthe information required in such paragraph shall constitute a class B\nmisdemeanor punishable by a fine of not less than two hundred fifty nor\nmore than five hundred dollars in addition to any other penalties\nprovided by law. Any subsequent such violation shall constitute a class\nA misdemeanor punishable by a fine of not less than five hundred nor\nmore than one thousand dollars in addition to any other penalties\nprovided by law. Any violation of the provisions of paragraph a of this\nsubdivision, other than for the mere failure of an operator to exhibit\nhis or her license and insurance identification card for such vehicle or\nexchange the information required in such paragraph, shall constitute a\nclass A misdemeanor, punishable by a fine of not less than seven hundred\nfifty dollars nor more than one thousand dollars in addition to any\nother penalties provided by law. Any such violation committed by a\nperson after such person has previously been convicted of such a\nviolation shall constitute a class E felony, punishable by a fine of not\nless than one thousand nor more than three thousand dollars in addition\nto any other penalties provided by law. Any violation of the provisions\nof paragraph a of this subdivision, other than for the mere failure of\nan operator to exhibit his or her license and insurance identification\ncard for such vehicle or exchange the information required in such\nparagraph, where the personal injury involved (i) results in serious\nphysical injury, as defined in section 10.00 of the penal law, shall\nconstitute a class E felony, punishable by a fine of not less than one\nthousand nor more than five thousand dollars in addition to any other\npenalties provided by law, or (ii) results in death shall constitute a\nclass D felony punishable by a fine of not less than two thousand nor\nmore than five thousand dollars in addition to any other penalties\nprovided by law.\n  3. For the purposes of this article, the terms "TNC", "TNC driver",\n"TNC vehicle", "TNC prearranged trip" and "digital network" shall have\nthe same meanings as such terms are defined in article forty-four-B of\nthis chapter and the terms "shared vehicle owner", "shared vehicle\ndriver", "shared vehicle" and "peer-to-peer car sharing period" shall\nhave the same meanings as such terms are defined in article forty of the\ngeneral business law.\n
N.Y. SOS Law § 209 — New York Code / Act SOS / Article 5 / Title 6 / Section 209
Eligibility
Status: in_force

§ 209. Eligibility. 1. (a) Notwithstanding any law to the contrary, no\nperson shall be eligible for any payment pursuant to this title who is\nineligible for supplemental security income for any reason other than\nhaving countable income exceeding the federal benefit rate for such\nprogram. An individual shall be eligible to receive additional state\npayments if he or she has applied for supplemental security income\nbenefits, has received a determination with respect to such application\nand:\n  (i) is over sixty-five years of age, or is blind or disabled; and\n  (ii) does not have countable income in an amount equal to or greater\nthan the standard of need established in subdivision two of this\nsection; and\n  (iii) does not have countable resources in an amount equal to or\ngreater than the amount of resources an individual or couple may have\nand remain eligible for supplemental security income benefits pursuant\nto federal law and regulations of the department; and\n  (iv) is a resident of the state and is either a citizen of the United\nStates or is not a noncitizen who is or would be ineligible for federal\nsupplemental security income benefits solely by reason of noncitizen\nstatus.\n  (b) A person who is properly receiving supplemental security income\nbenefits shall be deemed to have met the eligibility criteria contained\nin subparagraphs (i), (ii) and (iii) of paragraph (a) of this\nsubdivision.\n  (c) A person who, for the month of December, nineteen hundred\nseventy-three, properly received a grant of assistance under the state's\nprogram of old age assistance, assistance to the blind, aid to the\ndisabled or the combined program of aid to aged, blind and disabled\npersons, shall be deemed to have met the eligibility criteria of this\nsubdivision; provided, however, that a disabled person who did not also\nreceive such a grant for any month prior to July, nineteen hundred\nseventy-three, shall not be deemed to have met such eligibility criteria\nunder this paragraph. A person who is deemed eligible under this\nparagraph shall continue to be deemed to meet the eligibility criteria\nof this subdivision so long as he continues to be blind or disabled, as\nthe case may be, pursuant to state standards in effect for October,\nnineteen hundred seventy-two, and so long as he continues to reside in\nthe state.\n  (d) Any inconsistent provision of this title notwithstanding, an\nindividual shall not be eligible for additional state payments with\nrespect to any month, if throughout such month, (i) he is an inmate of a\npublic institution, or (ii) he is an inmate in a medical facility which\nis receiving medical assistance payments for him at a level exceeding\nfifty per cent of the cost of his care, or (iii) he is an inmate in a\nmedical facility which is not certified under the state's medical\nassistance program. Nor shall an individual be eligible for additional\nstate payments for any month in which he is ineligible for supplemental\nsecurity income benefits because of a failure to file for other\nnon-public assistance benefits to which he might be entitled, or because\nof a refusal to participate in treatment for drug addiction or\nalcoholism or because he has remained outside the United States for all\nof such month, or because he has refused vocational rehabilitation.\n  2. The following amounts shall be the standard of monthly need for\ndetermining eligibility for and the amount of additional state payments,\ndepending on the type of living arrangement and the geographic area in\nwhich the eligible individual or the eligible couple resides:\n  * (a) On and after January first, two thousand twenty-five, for an\neligible individual living alone, $1,054.00; and for an eligible couple\nliving alone, $1,554.00.\n  * NB Effective until December 31, 2026\n  * (a) On and after January first, two thousand twenty-six, for an\neligible individual living alone, $1,081.00; and for an eligible couple\nliving alone, $1,595.00.\n  * NB Effective December 31, 2026\n  * (b) On and after January first, two thousand twenty-five, for an\neligible individual living with others with or without in-kind income,\n$990.00; and for an eligible couple living with others with or without\nin-kind income, $1,496.00.\n  * NB Effective until December 31, 2026\n  * (b) On and after January first, two thousand twenty-six, for an\neligible individual living with others with or without in-kind income,\n$1,017.00; and for an eligible couple living with others with or without\nin-kind income, $1,537.00.\n  * NB Effective December 31, 2026\n  * (c) On and after January first, two thousand twenty-five, (i) for an\neligible individual receiving family care, $1,233.48 if such individual\nis receiving such care in the city of New York or the county of Nassau,\nSuffolk, Westchester or Rockland; and (ii) for an eligible couple\nreceiving family care in the city of New York or the county of Nassau,\nSuffolk, Westchester or Rockland, two times the amount set forth in\nsubparagraph (i) of this paragraph; or (iii) for an eligible individual\nreceiving such care in any other county in the state, $1,195.48; and\n(iv) for an eligible couple receiving such care in any other county in\nthe state, two times the amount set forth in subparagraph (iii) of this\nparagraph.\n  * NB Effective until December 31, 2026\n  * (c) On and after January first, two thousand twenty-six, (i) for an\neligible individual receiving family care, $1,260.48 if such individual\nis receiving such care in the city of New York or the county of Nassau,\nSuffolk, Westchester or Rockland; and (ii) for an eligible couple\nreceiving family care in the city of New York or the county of Nassau,\nSuffolk, Westchester or Rockland, two times the amount set forth in\nsubparagraph (i) of this paragraph; or (iii) for an eligible individual\nreceiving such care in any other county in the state, $1,222.48; and\n(iv) for an eligible couple receiving such care in any other county in\nthe state, two times the amount set forth in subparagraph (iii) of this\nparagraph.\n  * NB Effective December 31, 2026\n  * (d) On and after January first, two thousand twenty-five, (i) for an\neligible individual receiving residential care, $1,402.00 if such\nindividual is receiving such care in the city of New York or the county\nof Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible\ncouple receiving residential care in the city of New York or the county\nof Nassau, Suffolk, Westchester or Rockland, two times the amount set\nforth in subparagraph (i) of this paragraph; or (iii) for an eligible\nindividual receiving such care in any other county in the state,\n$1,372.00; and (iv) for an eligible couple receiving such care in any\nother county in the state, two times the amount set forth in\nsubparagraph (iii) of this paragraph.\n  * NB Effective until December 31, 2026\n  * (d) On and after January first, two thousand twenty-six, (i) for an\neligible individual receiving residential care, $1,429.00 if such\nindividual is receiving such care in the city of New York or the county\nof Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible\ncouple receiving residential care in the city of New York or the county\nof Nassau, Suffolk, Westchester or Rockland, two times the amount set\nforth in subparagraph (i) of this paragraph; or (iii) for an eligible\nindividual receiving such care in any other county in the state,\n$1,399.00; and (iv) for an eligible couple receiving such care in any\nother county in the state, two times the amount set forth in\nsubparagraph (iii) of this paragraph.\n  * NB Effective December 31, 2026\n  * (e) On and after January first, two thousand twenty-five, (i) for an\neligible individual receiving enhanced residential care, $1,661.00; and\n(ii) for an eligible couple receiving enhanced residential care, two\ntimes the amount set forth in subparagraph (i) of this paragraph.\n  * NB Effective until December 31, 2026\n  * (e) On and after January first, two thousand twenty-six, (i) for an\neligible individual receiving enhanced residential care, $1,688.00; and\n(ii) for an eligible couple receiving enhanced residential care, two\ntimes the amount set forth in subparagraph (i) of this paragraph.\n  * NB Effective December 31, 2026\n  * (f) The amounts set forth in paragraphs (a) through (e) of this\nsubdivision shall be increased to reflect any increases in federal\nsupplemental security income benefits for individuals or couples which\nbecome effective on or after January first, two thousand twenty-six but\nprior to June thirtieth, two thousand twenty-six.\n  * NB Effective until December 31, 2026\n  * (f) The amounts set forth in paragraphs (a) through (e) of this\nsubdivision shall be increased to reflect any increases in federal\nsupplemental security income benefits for individuals or couples which\nbecome effective on or after January first, two thousand twenty-seven\nbut prior to June thirtieth, two thousand twenty-seven.\n  * NB Effective December 31, 2026\n  2-a. Notwithstanding any inconsistent provision of subparagraph (ii)\nof paragraph (d) of subdivision one of this section, an individual who\nis receiving or is eligible to receive federal supplemental security\nincome payments and/or additional state payments and who is a resident\nof a residential health care facility as defined by section twenty-eight\nhundred one of the public health law, shall, in accordance with\nregulations of the department, be entitled to a state payment for\npersonal needs in the amount of fifteen dollars a month, provided,\nhowever, that on or after January first, nineteen hundred eighty-eight\nthe state payment for personal needs for such persons shall be in the\namount of twenty-five dollars a month. Notwithstanding any inconsistent\nprovision of subparagraph (ii) of paragraph (d) of subdivision one of\nthis section, on or after January first, nineteen hundred eighty-eight,\na resident of an intermediate care facility operated or issued an\noperating certificate by the office for people with developmental\ndisabilities or a patient of a hospital operated by the office of mental\nhealth as defined in subdivision ten of section 1.03 of the mental\nhygiene law who is receiving or is eligible to receive supplemental\nsecurity income payments and/or additional state payments shall receive\na state payment for personal needs in the amount of five dollars a\nmonth. The department is authorized to promulgate necessary regulations\nto provide for the time and manner for payment of such personal\nallowance to such individuals.\n  3. As used in subdivision two of this section:\n  (a) "Living alone" shall mean living in a private household composed\nof one eligible individual or one eligible couple.\n  (b) "Living with others" shall mean living in a private household\ncomposed of an eligible individual or couple and at least one other\nperson; or, with respect to any child who is not the head of a household\nand who is under the age of eighteen, or under the age of twenty-two if\nattending school, any living arrangement other than residential care in\na facility operated or licensed by an office of the department of mental\nhygiene.\n  * (c) "Receiving family care" shall mean residing in a family type\nhome for adults which is certified by the department and supervised by a\nsocial services district, in accordance with applicable provisions of\nlaw and regulations, or a family care home certified by the appropriate\noffice of the department of mental hygiene, in accordance with\napplicable provisions of law and regulations or participating in a\nfoster family care demonstration program pursuant to section three\nhundred sixty-four-h of this chapter.\n  * NB Effective until December 31, 2027\n  * (c) "Receiving family care" shall mean residing in a family type\nhome for adults which is certified by the department and supervised by a\nsocial services district, in accordance with applicable provisions of\nlaw and regulations, or a family care home certified by the appropriate\noffice of the department of mental hygiene, in accordance with\napplicable provisions of law and regulations.\n  * NB Effective December 31, 2027\n  (d) "Receiving residential care" shall mean residing in a residence\nfor adults or a privately operated community residence, residential\nsubstance abuse treatment program or community residential facility for\nalcoholism, certified by the appropriate office of the department of\nmental hygiene; or a residential care center for adults certified by the\noffice of mental health, in accordance with applicable law and\nregulations. For the purpose of this paragraph, a person receiving care\nin an intermediate care facility, certified by the department of health\nor by the appropriate office of the department of mental hygiene, or\nreceiving respite services shall not be deemed to be receiving\nresidential care.\n  (e) "Receiving enhanced residential care" shall mean residing in a\nprivately operated school for individuals with developmental\ndisabilities which is certified by the office for people with\ndevelopmental disabilities of the department of mental hygiene, in\naccordance with applicable provisions of law and regulations or an adult\nhome, or enriched housing program certified by the department of health\nin accordance with applicable law, rules and regulations to the extent\npermitted by federal law and regulations.\n  4. An eligible individual or an eligible couple shall be entitled to\nreceive monthly an additional state payment in an amount equal to the\ndifference between the monthly standard of need applicable to such\nindividual or couple and the sum of such individual's or couple's\nsupplemental security income benefit plus countable income.\n  5. If necessary in order to comply with or reflect changes in federal\nlaw, or to take full advantage of available federal funding for the\npurposes of this title, or to remain qualified for federal funding under\nany other program, the department may, by regulation, with the approval\nof the director of the budget, change the amounts specified as the\nstandard of need in subdivision two of this section, or provide that any\nportion of the supplemental security income benefit be disregarded in\ndetermining the amount of the additional state payment. Any such change\nin the amounts of the standards of need or in the amounts to be so\ndisregarded shall remain effective only until the first day of July of\nthe year next succeeding the year in which such change is to take\neffect, unless such change is enacted into law prior to such date.\n  6. (a) As applicable federal law, rules and regulations so provide, a\nrecipient of supplemental security income benefits or medical assistance\nin the state of New York or any other state may establish an irrevocable\ntrust fund for the exclusive purpose of their or a family member's\nfuneral and burial. Such trust fund and any accumulated interest not\nwithdrawn by the recipient shall remain the responsibility of the\nfuneral firm, funeral director, undertaker, cemetery or any other\nperson, firm or corporation to whom such payment is made to administer\nfor funeral and burial expenses of the recipient. Those persons who\nestablish such a trust fund shall be given the opportunity to select the\nfuneral firm, funeral director, undertaker, cemetery or any other\nperson, firm or corporation to whom such payment is made of their choice\nto provide for their or a family member's burial arrangements and to\nchange such selection at any time to any funeral firm, funeral director,\nundertaker, cemetery or any other person, firm or corporation to whom\nsuch payment is made, located either in the state of New York or any\nother state. Any such change of funeral firm, funeral director,\nundertaker, cemetery, or any other person, firm or corporation to whom\nsuch payment is made, must be carried out within ten business days\nfollowing receipt of a request by the purchaser to the funeral firm,\nfuneral director, undertaker, cemetery, or any other person, firm or\ncorporation to whom such payment is made with which the current trust\nfund was established. Funds in such trust fund shall be placed in an\ninterest bearing account pursuant to section four hundred fifty-three of\nthe general business law. Accumulated interest from such account shall\nnot be reported as "countable income" pursuant to section two hundred\neight of this title.\n  (b) An applicant for or a recipient of medical assistance in the state\nof New York or any other state who enters into an agreement pursuant to\nsection four hundred fifty-three of the general business law for their\nown benefit or for the benefit of a family member shall establish a\nsingle irrevocable trust fund for each such beneficiary pursuant to\nparagraph (a) of this subdivision.\n  (c) A funeral firm, funeral director, undertaker, cemetery, or any\nother person, firm or corporation which makes an agreement for and\naccepts payment for such an irrevocable trust fund, shall comply with\nthe provisions of section four hundred fifty-three of the general\nbusiness law, and shall include the following statement in any such\nagreement in conspicuous print of at least twelve point type:\n                               DISCLOSURE\n  NEW YORK LAW REQUIRES THIS AGREEMENT TO BE IRREVOCABLE FOR APPLICANTS\nFOR AND RECIPIENTS OF SUPPLEMENTAL SECURITY BENEFITS UNDER SECTION TWO\nHUNDRED NINE OF THE SOCIAL SERVICES LAW OR OF MEDICAL ASSISTANCE UNDER\nSECTION THREE HUNDRED SIXTY-SIX OF THE SOCIAL SERVICES LAW, AND FOR THE\nMONEYS PUT INTO A TRUST UNDER THIS AGREEMENT TO BE USED ONLY FOR FUNERAL\nAND BURIAL EXPENSES. WHETHER THIS AGREEMENT IS FOR YOUR FUNERAL AND\nBURIAL EXPENSES OR FOR THOSE OF A FAMILY MEMBER, IF ANY MONEY IS LEFT\nOVER AFTER YOUR FUNERAL AND BURIAL EXPENSES HAVE BEEN PAID, IT WILL GO\nTO THE COUNTY. YOU MAY CHANGE YOUR CHOICE OF FUNERAL HOME AT ANY TIME.\nIF THIS AGREEMENT IS FOR THE FUNERAL AND BURIAL EXPENSES OF A FAMILY\nMEMBER, AFTER YOUR DEATH SUCH FAMILY MEMBER MAY CHANGE THE CHOICE OF\nFUNERAL HOME AT ANY TIME.\n  (d) Any promotional literature prepared after January first, nineteen\nhundred ninety-seven by a funeral firm, funeral director, undertaker,\ncemetery, or any other person, firm or corporation for prearranged\nfuneral and burial services must contain language disclosing the\nirrevocable nature of burial trusts established by or for an applicant\nor recipient of supplemental security income benefits or medical\nassistance.\n
N.Y. SOS Law § 424-A — New York Code / Act SOS / Article 6 / Title 6 / Section 424-A
Access to information contained in the statewide central register of child abuse and maltreatment
Status: in_force

§ 424-a. Access to information contained in the statewide central\nregister of child abuse and maltreatment. 1.  (a) (i) A licensing agency\nshall inquire of the department and the department shall, subject to the\nprovisions of paragraph (e) of this subdivision, inform such agency and\nthe subject of the inquiry whether an applicant for a certificate,\nlicense or permit, the director of a camp subject to the provisions of\narticle thirteen-B of the public health law, a prospective successor\nguardian when a clearance is conducted pursuant to paragraph (d) of\nsubdivision two of section four hundred fifty-eight-b of this article,\nand any person over the age of eighteen who resides in the home of a\nperson who has applied to become an adoptive parent or a foster parent\nor any person over the age of eighteen residing in the home of a\nprospective successor guardian when a clearance is conducted of a\nprospective successor guardian pursuant to this paragraph, has been or\nis currently the subject of an indicated child abuse and maltreatment\nreport on file with the statewide central register of child abuse and\nmaltreatment.\n  (ii) A licensing agency shall inquire of the office whether an\napplicant for a certificate, license or permit to operate a child care\nprogram including a family day care home, group family day care home,\nchild care center, school age child care program, or enrolled legally\nexempt provider or an employee, volunteer or applicant to be an employee\nor volunteer in such program who has potential for regular and\nsubstantial contact with children in the program, is the confirmed\nsubject of an indicated child abuse report maintained by the statewide\ncentral register of child abuse and maltreatment. The office shall\npromulgate regulations related to the process by which providers and\napplicants will be informed whether the applicant is authorized or\nunauthorized to care for children based on the outcome of such inquiry.\n  (iii) A licensing agency shall inquire of the office whether any\nperson age eighteen or older who is not related in any way to all\nchildren for whom care is provided that resides on the premises of where\nchild care is provided in a setting that is not the child's own home by\nan enrolled legally-exempt provider as such term is defined in\nsubdivision one-a of section three hundred ninety-b of this chapter is\nthe confirmed subject of an indicated child abuse report maintained by\nthe statewide central register of child abuse and maltreatment. The\noffice shall promulgate regulations related to the process by which\nproviders and applicants will be informed whether the applicant is\nauthorized or unauthorized to care for children based on the outcome of\nsuch inquiry.\n  (iv) A licensing agency conducting inquiries pursuant to subparagraphs\n(ii) and (iii) of this paragraph may inquire of the office whether any\nperson who is to be hired as a consultant by such agency who has the\npotential for regular and substantial contact with individuals who are\ncared for by the agency is the subject of an indicated child abuse and\nmaltreatment report on file with the statewide central register of child\nabuse and maltreatment. The office shall promulgate regulations related\nto the process by which providers and applicants will be informed\nwhether the applicant is authorized or unauthorized to care for children\nbased on the outcome of such inquiry.\n  (v) A licensing agency conducting inquiries pursuant to subparagraphs\n(ii) and (iii) or this paragraph may inquire of the office whether any\nperson who has volunteered his or her services to such agency and who\nwill have the potential for regular and substantial contact with\nindividuals who are cared for by the agency, is the subject of an\nindicated child abuse and maltreatment report on file with the statewide\ncentral register of child abuse and maltreatment. The office shall\npromulgate regulations related to the process by which providers and\napplicants will be informed whether the applicant is authorized or\nunauthorized to care for children based on the outcome of such inquiry.\n  (b) (i) (A) Subject to the provisions of subdivision seven of this\nsection, a provider agency shall inquire of the office and the office\nshall, subject to the provisions of paragraph (e) of this subdivision,\ninform such agency and the subject of the inquiry whether any person who\nis actively being considered for employment and who will have the\npotential for regular and substantial contact with individuals who are\ncared for by the agency, is the subject of an indicated child abuse and\nmaltreatment report on file with the statewide central register of child\nabuse and maltreatment prior to permitting such person to have\nunsupervised contact with such individuals. Such agency may inquire of\nthe office and the office shall inform such agency and the subject of\nthe inquiry whether any person who is currently employed and who has the\npotential for regular and substantial contact with individuals who are\ncared for by such agency is the subject of an indicated child abuse and\nmaltreatment report on file with the statewide central register of child\nabuse and maltreatment. A provider agency shall also inquire of the\noffice and the office shall inform such agency and the subject of the\ninquiry whether any person who is employed by an individual,\ncorporation, partnership or association which provides goods or services\nto such agency who has the potential for regular and substantial contact\nwith individuals who are cared for by the agency, is the subject of an\nindicated child abuse and maltreatment report on file with the statewide\ncentral register of child abuse and maltreatment prior to permitting\nsuch person to have unsupervised contact with such individuals.\nInquiries made to the office pursuant to this subparagraph by a provider\nagency on current employees shall be made no more often than once in any\nsix month period.\n  (B) Notwithstanding clause (A) of this subparagraph, where the\nprovider agency is an authorized agency that operates a residential\nprogram for foster children that is licensed or certified by the office\nof children and family services such agency shall inquire of the office\nand the office shall, subject to the provisions of paragraph (e) of this\nsubdivision, inform such agency and the subject of the inquiry whether:\n  (I) any person who is actively being considered for employment in such\nprogram who is not already required to be cleared pursuant to clause (A)\nof this subparagraph is the subject of an indicated child abuse and\nmaltreatment report on file with the statewide central register of child\nabuse and maltreatment; and\n  (II) Notwithstanding any other provision of law to the contrary, prior\nto April first, two thousand twenty and in accordance with a schedule\ndeveloped by the office of children and family services, whether any\nperson who is employed in a residential foster care program that has not\npreviously had a clearance conducted pursuant to this subparagraph in\nconnection to such employment is the subject of an indicated child abuse\nand maltreatment report on file with the statewide central register of\nchild abuse and maltreatment.\n  (ii) A provider agency may inquire of the office and the office shall,\nupon receipt of such inquiry and subject to the provisions of paragraph\n(e) of this subdivision, inform such agency and the subject of the\ninquiry whether any person who is to be hired as a consultant by such\nagency who has the potential for regular and substantial contact with\nindividuals who are cared for by the agency is the subject of an\nindicated child abuse and maltreatment report on file with the statewide\ncentral register of child abuse and maltreatment.\n  (iii) A provider agency may inquire of the office and the office\nshall, upon receipt of such inquiry and subject to the provisions of\nparagraph (e) of this subdivision, inform such agency and the subject of\nthe inquiry whether any person who has volunteered his or her services\nto such agency and who will have the potential for regular and\nsubstantial contact with individuals who are cared for by the agency, is\nthe subject of an indicated child abuse and maltreatment report on file\nwith the statewide central register of child abuse and maltreatment.\n  (iv) The office shall promulgate regulations which effectuate the\nprovisions of this paragraph.\n  (c) An authorized agency shall inquire of the department and the\ndepartment shall inform such agency and the subject of the inquiry,\nwhether any person who has applied to adopt a child is the subject of an\nindicated child abuse and maltreatment report on file with the statewide\ncentral register of child abuse and maltreatment.\n  (d) Any person who has applied to a licensing agency for a\ncertificate, license or permit or who has applied to be an employee of a\nprovider agency or who has applied to an authorized agency to adopt a\nchild, or who may be hired as a consultant or used as a volunteer by a\nprovider agency and any other person about whom an inquiry is made to\nthe department pursuant to the provisions of this section shall be\nnotified by such agency at the time of application or prior to the time\nthat a person may be hired as a consultant or used as a volunteer that\nthe agency will or may inquire of the department whether such person is\nthe subject of an indicated child abuse and maltreatment report. All\nemployees of a provider agency shall be notified by their employers that\nan inquiry may be made to the department pursuant to this section and no\nsuch inquiry shall be made regarding any employee until such notice has\nbeen made.\n  (d-1) A law enforcement agency pursuant to section eight hundred\nthirty-seven-k of the executive law may inquire of the department and\nthe department may inform such agency and the subject of the inquiry,\nwhether any person who has applied for a symbol provided for in section\neight hundred thirty-seven-k of the executive law or persons residing or\nregularly visiting said location are the subject of an indicated child\nabuse and maltreatment report on file with the statewide central\nregister of child abuse and maltreatment.\n  (e) (i) Subject to the provisions of subparagraph (ii) of this\nparagraph, the office of children and family services shall inform the\nprovider or licensing agency, or child care resource and referral\nprograms pursuant to subdivision six of this section whether or not the\nperson is the subject of an indicated child abuse and maltreatment\nreport only if:\n  (A) (I) the time for the subject of the report to request an amendment\nof the record of the report pursuant to subdivision eight of section\nfour hundred twenty-two has expired without any such request having been\nmade; or\n  (II) such request was made within such time and a fair hearing\nregarding the request has been finally determined by the commissioner\nand the record of the report has not been amended to unfound the report\nor delete the person as a subject of the report; and\n  (B) (I) the person is the subject of an indicated report of child\nabuse; or\n  (II) the person is not the subject of an indicated report of child\nabuse and is the subject of a report of child maltreatment where the\nindication for child maltreatment occurred within less than eight years\nfrom the date of the inquiry.\n  (ii) If the subject of an indicated report of child abuse or\nmaltreatment has not requested an amendment of the record of the report\nand an inquiry is made to the office of children and family services\npursuant to this subdivision concerning the subject of the report, such\noffice shall, as expeditiously as possible but within no more than ten\nworking days of receipt of the inquiry, determine whether, in fact, the\nperson about whom an inquiry is made is the subject of an indicated\nreport. Upon making a determination that the person about whom the\ninquiry is made is the subject of an indicated report of child abuse and\nmaltreatment, the office of children and family services shall\nimmediately send a written request to the child protective service or\nstate agency which was responsible for investigating the allegations of\nabuse or maltreatment for all records, reports and other information\nmaintained by the service or state agency on the subject. The service or\nstate agency shall, as expeditiously as possible but within no more than\ntwenty working days of receiving such request, forward all records,\nreports and other information it maintains on the indicated report to\nthe office of children and family services, including a copy of any\npetition or court order based on the allegations that were indicated.\nWhere a proceeding pursuant to article ten of the family court act is\npending based on the same allegations that were indicated, the office of\nchildren and family services shall stay determination of whether there\nis a fair preponderance of the evidence to support the indication until\nthe disposition of such family court proceeding. Unless such\ndetermination has been stayed, the office of children and family\nservices shall, within fifteen working days of receiving such records,\nreports and other information from the child protective service or state\nagency, review all records, reports and other information in its\npossession concerning the subject and determine whether there is a fair\npreponderance of the evidence to find that the subject had committed the\nact or acts of child abuse or maltreatment giving rise to the indicated\nreport.\n  (iii) If it is determined, after affording such service or state\nagency a reasonable opportunity to present its views, that there is not\na fair preponderance of the evidence in the record to find that the\nsubject committed such act or acts, the office of children and family\nservices shall amend the record to indicate that the report was\nunfounded and notify the inquiring party that the person about whom the\ninquiry is made is not the subject of an indicated report.\n  (iv) (A) If it is determined after a review by the office of all\nrecords, reports and information in its possession concerning the\nsubject of the report that there is a preponderance of the evidence to\nfind that the subject committed the act or acts of child abuse or\nmaltreatment giving rise to the indicated report, the office shall also\ndetermine whether such act or acts are relevant and reasonably related\nto issues concerning the employment of the subject by a provider agency\nor the subject being allowed to have regular and substantial contact\nwith individuals cared for by a provider agency or the approval or\ndisapproval of an application which has been submitted by the subject to\na licensing agency, based on guidelines developed pursuant to\nsubdivision five of this section. If it is determined that such act or\nacts are not relevant and related to such issues, the office shall be\nprecluded from informing the provider or licensing agency which made the\ninquiry to the office pursuant to this section that the person about\nwhom the inquiry is made is the subject of an indicated report of child\nabuse or maltreatment.\n  (B) Where the subject of the report is not the subject of any\nindicated report of child abuse and is the subject of a report of child\nmaltreatment where the indication for child maltreatment occurred more\nthan eight years prior to the date of the inquiry, any such indication\nof child maltreatment shall be deemed to be not relevant and reasonably\nrelated to employment.\n  (v) If it is determined after a review by the office of children and\nfamily services of all records, reports and information in its\npossession concerning the subject of the report that there is a fair\npreponderance of the evidence to prove that the subject committed the\nact or acts of abuse or maltreatment giving rise to the indicated report\nthe office of children and family services shall notify the subject of\nthe determination of such report and of the subject's right to request a\nfair hearing. If the subject shall request a hearing, the office of\nchildren and family services shall schedule a fair hearing and shall\nprovide notice of the scheduled hearing date to the subject, the\nstatewide central register and, as appropriate, to the child protective\nservice which investigated such report.\n  (vi) The burden of proof in such a hearing shall be on the child\nprotective service which investigated the report. In such a hearing,\nwhere a family court proceeding pursuant to article ten of the family\ncourt act has occurred and where the petition for such proceeding\nalleges that a respondent in that proceeding committed abuse or\nmaltreatment against the subject child in regard to an allegation\ncontained in a report indicated pursuant to this section: (A) where the\ncourt finds that such respondent did commit abuse or maltreatment there\nshall be an irrebuttable presumption in a fair hearing held pursuant to\nthis subdivision that said allegation is substantiated by a fair\npreponderance of the evidence as to that respondent on that allegation;\nand (B) where such child protective service withdraws such petition with\nprejudice, where the family court dismisses such petition, or where the\nfamily court finds on the merits in favor of the respondent, there shall\nbe an irrebuttable presumption in a fair hearing held pursuant to this\nsubdivision that said allegation as to that respondent has not been\nproven by a fair preponderance of the evidence.\n  (vii) If it shall be determined at the fair hearing that there is no\nfair preponderance of the evidence in the record to find that the\nsubject committed an act or acts of child abuse or maltreatment, the\noffice of children and family services shall amend the record as to that\nrespondent on that allegation to reflect that such a finding was made at\nthe administrative hearing, order any child protective service which\ninvestigated the report as to that respondent to similarly amend its\nrecords of such report, notify the subject of the determination, and\nnotify the inquiring party that the person about whom such inquiry was\nmade is not the subject of an indicated report on that allegation.\n  (viii) Upon a determination at the fair hearing that the subject has\nbeen shown, by a fair preponderance of the evidence to have committed\nthe act or acts of child abuse or maltreatment giving rise to the\nindicated report, the hearing officer shall determine, based on\nguidelines developed by the office of children and family services\npursuant to subdivision five of this section, whether such act or acts\nare relevant and reasonably related to the subject being allowed to have\nregular and substantial contact with children who are cared for by a\nprovider agency as defined in subdivision three of this section, or\nrelevant and reasonably related to the approval or disapproval of an\napplication submitted by the subject to a licensing agency as defined in\nsubdivision four of this section.\n  (ix) Upon a determination made at a fair hearing that the act or acts\nof abuse or maltreatment are relevant and reasonably related to the\nemployment of the subject by a provider agency as defined in subdivision\nthree of this section, the subject being allowed to have regular and\nsubstantial contact with children who are cared for by a provider agency\nas defined in subdivision three of this section, or relevant and\nreasonably related to the approval or disapproval of an application\nsubmitted by the subject to a licensing agency as defined in subdivision\nfour of this section, the office of children and family services shall\nnotify the subject and shall inform the inquiring party that the person\nabout whom such inquiry was made is the subject of an indicated report\nof child abuse or maltreatment.\n  (x) The failure to determine at the fair hearing that the act or acts\nof abuse or maltreatment are relevant and reasonably related to the\nemployment of the subject by a provider agency as defined in subdivision\nthree of this section, the subject being allowed to have regular and\nsubstantial contact with children who are cared for by a provider agency\nas defined in subdivision three of this section, or relevant and\nreasonably related to the approval or disapproval of an application\nsubmitted by the subject to a licensing agency as defined in subdivision\nfour of this section, shall preclude the office of children and family\nservices from informing a provider agency as defined in subdivision\nthree of this section or licensing agency as defined in subdivision four\nof this section that such person is the subject of an indicated report\nof child abuse or maltreatment on that allegation.\n  (f) The office of children and family services shall charge a fee of\ntwenty-five dollars when it conducts a search of its records within the\nstatewide central register for child abuse or maltreatment in accordance\nwith this section or regulations of the office to determine whether an\napplicant for employment is the subject of an indicated child abuse or\nmaltreatment report including an applicant to be a child day care\nprovider and a request made pursuant to subdivision six of this section.\nSuch fees shall be deposited in a special revenue - other account and\nshall be made available to the office for costs incurred in the\nimplementation of this section.\n  (g) The office shall determine actions necessary to develop an\nautomated search, available for the use of the office, of records at the\nstatewide central registry of child abuse and maltreatment.\n  2. (a) Upon notification by the office or by a child care resource and\nreferral program in accordance with subdivision six of this section that\nany person who has applied to a licensing agency for a license,\ncertificate or permit or who seeks to become an employee of a provider\nagency, or to accept a child for adoptive placement or who will be hired\nas a consultant or used as a volunteer by a provider agency, or that any\nother person about whom an inquiry is made to the office pursuant to the\nprovisions of this section is the subject of an indicated report, the\nlicensing or provider agency shall determine on the basis of information\nit has available whether to approve such application or retain the\nemployee or hire the consultant or use the volunteer or permit an\nemployee of another person, corporation, partnership or association to\nhave access to the individuals cared for by the provider agency,\nprovided, however, that if such application is approved, or such\nemployee is retained or consultant hired or volunteer used or person\npermitted to have access to the children cared for by such agency the\nlicensing or provider agency shall maintain a written record, as part of\nthe application file or employment record, of the specific reasons why\nsuch person was determined to be appropriate to receive a foster care or\nadoption placement or to provide day care services, to be the director\nof a camp subject to the provisions of article thirteen-B of the public\nhealth law, to be approved as a successor guardian in accordance with\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\nhundred fifty-eight-b of this article, to be employed, to be retained as\nan employee, to be hired as a consultant, used as a volunteer or to have\naccess to the individuals cared for by the agency.\n  (b) (i) Upon denial of such application by a licensing or a provider\nagency or failure to hire the consultant or use the volunteer, or denial\nof access by a person to the children cared for by the agency, or\nfailure to approve a successor guardian in accordance with subparagraph\n(ii) of paragraph (b) of subdivision five of section four hundred\nfifty-eight-b of this article, such agency shall furnish the applicant,\nprospective consultant, volunteer or person who is denied access to the\nchildren cared for by the agency with a written statement setting forth\nwhether its denial, failure to hire or failure to use was based, in\nwhole or in part, on such indicated report, and if so, its reasons for\nthe denial or failure to hire or failure to use.\n  (ii) Upon the termination of employment of an employee of a provider\nagency, who is the subject of an indicated report of child abuse or\nmaltreatment on file with the statewide central register of child abuse\nand maltreatment, the agency shall furnish the employee with a written\nstatement setting forth whether such termination was based, in whole or\nin part, on such indicated report and, if so, the reasons for the\ntermination of employment.\n  (c) If the reasons for such denial or termination or failure to hire a\nconsultant or use a volunteer or failure to approve a successor guardian\nin accordance with subparagraph (ii) of paragraph (b) of subdivision\nfive of section four hundred fifty-eight-b of this article include the\nfact that the person is the subject of an indicated child abuse or\nmaltreatment report, such person may request from the department within\nninety days of receipt of notice of such denial, termination, failure to\nhire a consultant or use a volunteer and shall be granted a hearing in\naccordance with the procedures set forth in section twenty-two of this\nchapter relating to fair hearings. All hearings held pursuant to the\nprovisions of this subdivision shall be held within thirty days of a\nrequest for the hearing unless the hearing is adjourned for good cause\nshown. Any subsequent adjournment for good cause shown shall be granted\nonly upon consent of the person who requested the hearing. The hearing\ndecision shall be rendered not later than sixty days after the\nconclusion of the hearing.\n  (d) At any such hearing, the sole question before the department shall\nbe whether the applicant, employee, prospective consultant, volunteer,\nprospective successor guardian or person who was denied access to the\nchildren cared for by a provider agency has been shown by a fair\npreponderance of the evidence to have committed the act or acts of child\nabuse or maltreatment giving rise to the indicated report. In such\nhearing, the burden of proof on the issue of whether an act of child\nabuse or maltreatment was committed shall be upon the local child\nprotective service or the state agency which investigated the report, as\nthe case may be. The failure to sustain the burden of proof at a hearing\nheld pursuant to this section shall not result in the expungement or\nunfounding of an indicated report but shall be noted on the report\nmaintained by the state central register and shall preclude the\ndepartment from notifying a party which subsequently makes an inquiry to\nthe department pursuant to this section that the person about whom the\ninquiry is made is the subject of an indicated report.\n  (e) Upon the failure, at the fair hearing held pursuant to this\nsection, to prove by a fair preponderance of the evidence that the\napplicant committed the act or acts of child abuse or maltreatment\ngiving rise to the indicated report, the department shall notify the\nprovider or licensing agency which made the inquiry pursuant to this\nsection that it should reconsider any decision to discharge an employee,\nor to deny the subject's application for employment, or to become an\nadoptive parent, or to become a successor guardian, or for a\ncertificate, license or permit; or not to hire a consultant, use a\nvolunteer, or allow access to children cared for by the agency.\n  3. For purposes of this section, the term "provider" or "provider\nagency" shall mean: an authorized agency; the office of children and\nfamily services; a private, nonprofit incorporated agency that meets the\nstate office of children and family services program standards for child\nadvocacy centers; juvenile detention facilities subject to the\ncertification of the office of children and family services; programs\nestablished pursuant to article nineteen-H of the executive law;\nnon-residential or residential programs or facilities licensed or\noperated by the office of mental health or the office for people with\ndevelopmental disabilities except family care homes; including head\nstart programs which are funded pursuant to title V of the federal\neconomic opportunity act of nineteen hundred sixty-four, as amended;\nearly intervention service established pursuant to section twenty-five\nhundred forty of the public health law; preschool services established\npursuant to section forty-four hundred ten of the education law; special\nact school districts as enumerated in chapter five hundred sixty-six of\nthe laws of nineteen hundred sixty-seven, as amended; programs and\nfacilities licensed by the office of alcoholism and substance abuse\nservices; residential schools which are operated, supervised or approved\nby the education department; health homes, or any subcontractor of such\nhealth homes, who contracts with or is approved or otherwise authorized\nby the department of health to provide health home services to all those\nenrolled pursuant to a diagnosis of a developmental disability as\ndefined in subdivision twenty-two of section 1.03 of the mental hygiene\nlaw and enrollees who are under twenty-one years of age under section\nthree hundred sixty-five-l of this chapter, or any entity that provides\nhome and community based services to enrollees who are under twenty-one\nyears of age under a demonstration program pursuant to section eleven\nhundred fifteen of the federal social security act; publicly-funded\nemergency shelters for families with children, provided, however, for\npurposes of this section, when the provider or provider agency is a\npublicly-funded emergency shelter for families with children, then all\nreferences in this section to the "potential for regular and substantial\ncontact with individuals who are cared for by the agency" shall mean the\npotential for regular and substantial contact with children who are\nserved by such shelter; and any other facility or provider agency, as\ndefined in subdivision four of section four hundred eighty-eight of this\nchapter, in regard to the employment of staff, or use of providers of\ngoods and services and staff of such providers, consultants, interns and\nvolunteers.\n  4. For purposes of this section, the term "licensing agency" shall\nmean an authorized agency which has received an application to become an\nadoptive parent or an authorized agency which has received an\napplication for a certificate or license to receive, board or keep any\nchild pursuant to the provisions of section three hundred seventy-six or\nthree hundred seventy-seven of this article or an authorized agency\nwhich has received an application from a relative within the second\ndegree or third degree of consanguinity of the parent of a child or a\nrelative within the second degree or third degree of consanguinity of\nthe step-parent of a child or children, or the child's legal guardian\nfor approval to receive, board or keep such child, or an authorized\nagency that conducts a clearance pursuant to paragraph (d) of\nsubdivision two of section four hundred fifty-eight-b of this article,\nor a state or local governmental agency which receives an application to\nprovide child day care services in a child day care center, school-age\nchild care program, family day care home or group family day care home\nor enrolled legally-exempt provider as such term is defined in\nsubdivision one-a of section three hundred ninety-b of this article\npursuant to the provisions of section three hundred ninety of this\narticle, or the department of health and mental hygiene of the city of\nNew York, when such department receives an application for a certificate\nof approval to provide child day care services in a child day care\ncenter pursuant to the provisions of the health code of the city of New\nYork, or the office of mental health or the office for people with\ndevelopmental disabilities when such office receives an application for\nan operating certificate pursuant to the provisions of the mental\nhygiene law to operate a family care home, or a state or local\ngovernmental official who receives an application for a permit to\noperate a camp which is subject to the provisions of article thirteen-B\nof the public health law or the office of children and family services\nwhich has received an application for a certificate to receive, board or\nkeep any child at a foster family home pursuant to articles nineteen-G\nand nineteen-H of the executive law or any other facility or provider\nagency, as defined in subdivision four of section four hundred\neighty-eight of this chapter, in regard to any licensing or\ncertification function carried out by such facility or agency.\n  5. (a) The office of children and family services, after consultation\nwith the justice center for the protection of people with special needs,\nthe office of mental health, the office for people with developmental\ndisabilities, the office of alcoholism and substance abuse services, the\ndepartment of health, and the state education department shall develop\nguidelines to be utilized by a provider agency, as defined by\nsubdivision three of this section, and a licensing agency, as defined by\nsubdivision four of this section, in evaluating persons about whom\ninquiries are made to the office pursuant to this section who are the\nsubjects of indicated reports of child abuse and maltreatment, as\ndefined by subdivision four of section four hundred twelve of this\nchapter.\n  (b) The guidelines developed pursuant to subdivision one of this\nsection shall not supersede similar guidelines developed by local\ngovernmental agencies prior to January first, nineteen hundred\neighty-six.\n  6. A child care resource and referral program as defined in\nsubdivision two of section four hundred ten-p of this article may\ninquire of the office of children and family services and the office\nshall, upon receipt of such inquiry and subject to the provisions of\nparagraph (e) of subdivision one of this section, inform such program\nand the subject of such inquiry whether any person who has requested and\nagreed to be included in a list of substitute child day care caregivers\nfor employment by registered or licensed day care providers maintained\nby such program in accordance with regulations promulgated by the\noffice, is the subject of an indicated child abuse and maltreatment\nreport on file with the statewide central register of child abuse and\nmaltreatment. Inquiries made to the office by such programs pursuant to\nthis subdivision shall be made no more often than once in any six month\nperiod and no less often than once in any twelve month period.\nNotwithstanding any provision of law to the contrary, a child care\nresource and referral program may redisclose such information only if\nthe purpose of such redisclosure is to respond to a request for such\ninformation by a registered or licensed provider and only if after an\nindividual included in the list of substitute child day care caregivers\nfor employment by registered or licensed day care providers has\nconsented to be referred for employment to such inquiring agency. Upon\nsuch referral, the provisions related to notice and fair hearing rights\nof this section shall otherwise apply. Inquiries made pursuant to this\nsubdivision shall be in lieu of the inquiry requirements set forth in\nparagraph (b) of subdivision one of this section.\n  7. Any facility, provider agency, or program that is required to\nconduct an inquiry pursuant to section four hundred ninety-five of this\nchapter shall first conduct the inquiry required under such section. If\nthe result of the inquiry under section four hundred ninety-five of this\nchapter is that the person about whom the inquiry is made is on the\nregister of substantiated category one cases of abuse or neglect and the\nfacility or provider agency is required to deny the application in\naccordance with article eleven of this chapter, the facility or provider\nagency shall not be required to make an inquiry of the office under this\nsection.\n
N.Y. LFN Law § 81.00 — New York Code / Act LFN / Article 2 / Title 6 / Section 81.00
Bond resolution, or note resolution or certificate, containing estoppel clause; publication and notice
Status: in_force

§ 81.00 Bond resolution, or note resolution or certificate, containing\nestoppel clause; publication and notice. a. If a resolution of a finance\nboard authorizing the issuance of bonds or notes or the certificate of a\nchief fiscal officer authorizing the issuance of notes contains the\nstatement referred to in section 80.00 of this chapter, such resolution\nafter adoption, or a summary of such resolution, or such certificate\nafter its execution and filing, shall be published in full by the clerk\nof the municipality, school district or district corporation or such\nother official or person as the finance board or such fiscal officer may\ndesignate, together with a notice in substantially the following form:\n  "The resolution (or the resolution a summary of which is) (or\ncertificate) published herewith has been adopted (or authorized) on\nthe    day of    , 19  , and the validity of the obligations authorized\nby such resolution (or certificate) may be hereafter contested only if\nsuch obligations were authorized for an object or purpose for which the\n(Here insert name of municipality, school district or district\ncorporation) is not authorized to expend money or if the provisions of\nlaw which should have been complied with as of the date of publication\nof this notice were not substantially complied with, and an action, suit\nor proceeding contesting such validity is commenced within twenty days\nafter the date of publication of this notice, or such obligations were\nauthorized in violation of the provisions of the constitution.\n.........................................................................\n  (Clerk or other official or person designated by the finance board or\n                         chief fiscal officer)"\n  If a summary of such resolution is published as provided in this\nsection, such summary shall list the class or classes of objects or\npurposes for which the obligations to be authorized by such resolution\nare to be issued together with the period or periods of probable\nusefulness and the amount of obligations to be issued for each such\nclass of objects or purposes, and in addition, such summary shall state\nan office of the municipality, school district or district corporation\nwhere the resolution summarized thereby shall be available for public\ninspection. Such resolution shall be kept available for public\ninspection at such office during normal business hours for twenty days\nfollowing the publication of such summary as provided in this title.\n  b. However, if such resolution is subject to a mandatory or permissive\nreferendum, or is submitted to a referendum by the finance board on its\nown motion, such resolution or summary thereof shall not be published\ntogether with such notice until it shall have been approved at such a\nreferendum or, in the case of a resolution subject to a permissive\nreferendum, until the period of time shall have elapsed for the\nsubmission and filing of a petition for a permissive referendum and a\nvalid petition shall not have been submitted and filed, and such notice\nshall state that such resolution has been approved at such a referendum\nor, in the case of a resolution subject to a permissive referendum, that\nthe period of time has elapsed for the submission and filing of a\npetition for a permissive referendum and a valid petition has not been\nsubmitted and filed, as the case may be.\n  c. If any bond resolution or capital note resolution does not contain\na determination of the period of probable usefulness of the specific\nobject or purpose or class of objects or purposes for which such\nresolution authorizes the issuance of obligations, there shall be\npublished, together with such resolution or summary thereof and notice,\nthe certificate of the appropriate body or official containing such\ndetermination.\n  d. Such publication as shall be required by this section shall be in\nthe official newspaper or newspapers of the municipality, school\ndistrict or district corporation or if there be no such newspaper or\nnewspapers, then in such newspaper or newspapers having a general\ncirculation in the municipality, school district or district corporation\nas the finance board shall designate.\n
N.Y. PBA Law § 1137 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1137
Construction and purchase contracts
Status: in_force

* § 1137. Construction and purchase contracts. The authority shall let\ncontracts for construction or purchase of supplies, materials, or\nequipment pursuant to sections one hundred one and one hundred three of\nthe general municipal law. Nothing in this section shall be construed to\nlimit the power of the authority to do any construction directly by the\nofficers, agents and employees of the authority.\n  * NB There are 2 § 1137's\n
N.Y. PBA Law § 1120-C — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-C
Clifton Park water authority
Status: in_force

§ 1120-c. Clifton Park water authority. 1. A public corporation to be\nknown as the Clifton Park water authority, is hereby created for the\npublic purposes and charged with the duties and having the powers\nprovided in this title. The authority shall be a body corporate and\npolitic constituting a public benefit corporation, the objects of which\nin the judgment of the legislature cannot be attained under general\nlaws. The authority shall be governed by a board of five members, who\nshall be residents of the town of Clifton Park and be appointed by the\nClifton Park town board. The first members shall be appointed for the\nfollowing terms of office: the two most junior council members on the\ntown board shall each appoint one member for a term ending on December\nthirty-first of the third year following the year in which this title\nshall have become law; the other two council members on the town board\nshall each appoint one member for a term ending on December thirty-first\nof the fourth year following the year in which this title shall have\nbecome law; and the town supervisor shall appoint a member for a term\nending on December thirty-first of the fifth year following the year in\nwhich this title shall have become law. No elected officials shall be\nmembers of the water authority. Subsequent appointments of members shall\nbe made by a vote of the majority of the members of the town board for a\nterm of five years ending in each case on December thirty-first of the\nlast year of such term. All members shall continue to hold office until\ntheir successors are appointed and qualify. In no event shall more than\nthree members belong to the same political party. Vacancies shall be\nfilled in the manner provided for subsequent appointments. Vacancies,\noccurring otherwise than by expiration of term of office, shall be\nfilled for the unexpired terms. Members may be removed from office for\nthe same reasons and in the same manner as may be provided by law for\nthe removal of officers of the town. They shall receive no reimbursement\nfor the ordinary expenses of attending meetings, but may by resolution\nof the authority be allowed their expenses of a special or extraordinary\nnature.\n  2. The powers of the authority shall be vested in and be exercised by\nthe board at a meeting duly called and held where a quorum of three\nmembers are present. No action shall be taken except pursuant to the\nfavorable vote of at least three members. The board may delegate to one\nor more of its members, officers, agents or employees such powers and\nduties as it may deem proper.\n  3. The officers of the authority shall consist of a chairman,\nvice-chairman and a treasurer, who shall be members of the authority,\nand a secretary, who need not be a member of the authority. The chairman\nshall be appointed by the town supervisor for a one year term coinciding\nwith the calendar year and the remaining officers shall be appointed by\nthe chairman and shall act in such capacities at the pleasure of the\nchairman. The chairman may be appointed to subsequent terms without\nlimitations. In addition to the secretary, the board may appoint and at\npleasure remove such additional officers and employees as it may\ndetermine necessary or desirable for the performance of the powers and\nduties of the authority which positions shall be in exempt class of\ncivil service, and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law of the\nstate and such rules as the civil service commission may adopt and make\napplicable to the authority. The board may also from time to time\ncontract for expert professional services. The treasurer shall execute a\nbond, conditioned upon the faithful performance of the duties of his or\nher office, the amount and sufficiency of which shall be approved by the\nboard and the premium therefor shall be paid by the authority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance or appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer,\nagent or employee be deemed incompatible or in conflict with such\noffice, membership or employment; provided, however, that no elected\nofficial shall be a member of the authority.\n  5. (a) The town supervisor shall file on or before March thirty-first\nof the year following the year in which this title shall have become a\nlaw, in the office of the secretary of state, a certificate signed by\nthe town supervisor setting forth:\n  (1) the name of the authority;\n  (2) the names of the members appointed by the town board and their\nterms of office; and\n  (3) the effective date of this title. The authority shall be perpetual\nin duration, except that if such certificate is not filed with the\nsecretary of state on or before such date, then the corporate existence\nof the authority shall thereupon terminate and it shall thereupon be\ndeemed to be and shall be dissolved. The town supervisor may file in the\noffice of the secretary of state an amended certificate signed by him or\nher setting forth any change in the name of the authority. The failure\nof the town supervisor to file an amended certificate shall not in any\nway affect the corporate existence of the authority.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the town.\n  6. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations or any\npower over the regulations of rates fixed or charges collected by the\nauthority.\n  7. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the town and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n  8. In carrying out its functions the authority shall take into\nconsideration the local zoning and planning regulations as well as local\ncomprehensive land use plans.\n
N.Y. PBH Law § 2591 — New York Code / Act PBH / Article 25 / Title 6 / Section 2591
Eligibility
Status: in_force

* § 2591. Eligibility.  Eligibility for the program shall be limited\nto pregnant women and adolescents who, because of low income and dietary\ndeficiencies, are at high risk endangering the nutritional well-being of\ntheir fetuses and risking the delivery of low birth weight infants.\n  * NB Expired March 31, 1986\n
N.Y. PBH Law § 266 — New York Code / Act PBH / Article 2 / Title 6 / Section 266
Department website
Status: in_force

§ 266. Department website. 1. The department shall establish and\nmaintain an internet website for the purpose of advancing women's health\ninitiatives. The website shall provide information for the purposes of\neducating the public and raising awareness of women's health issues,\nprovide links to useful resources and encourage the use of services now\nmade more widely available to the women of New York state. The website\nshall also promote the following preventative services now covered\npursuant to federal law and regulation, and explain that such services\nmust be covered with no cost sharing:\n  (a) Anemia screening for pregnant women;\n  (b) Bacteriuria urinary tract or other infection screening for\npregnant women;\n  (c) BRCA counseling about genetic testing for women at higher risk;\n  (d) Breast cancer mammography screenings every one to two years for\nwomen over age forty;\n  (e) Breast cancer chemoprevention counseling for women at higher risk;\n  (f) Breastfeeding comprehensive support and counseling from trained\nproviders, as well as access to breastfeeding supplies, for pregnant and\nnursing women;\n  (g) Cervical cancer screening for sexually active women;\n  (h) Chlamydia infection screening for younger women and other women at\nhigher risk;\n  (i) Contraception: Food and Drug Administration-approved contraceptive\nmethods, sterilization procedures, and patient education and counseling,\nnot including abortifacient drugs;\n  (j) Domestic and interpersonal violence screening and counseling for\nall women;\n  (k) Folic acid supplements for women who may become pregnant;\n  (l) Gestational diabetes screening for women twenty-four to\ntwenty-eight weeks pregnant and those at high risk of developing\ngestational diabetes;\n  (m) Gonorrhea screening for all women at higher risk;\n  (n) Hepatitis B screening for pregnant women at their first prenatal\nvisit;\n  (o) Human immunodeficiency virus (HIV) screening and counseling for\nsexually active women;\n  (p) Human papillomavirus (HPV) DNA Test: high risk HPV DNA testing\nevery three years for women with normal cytology results who are thirty\nyears of age or older;\n  (q) Osteoporosis screening for women over age sixty depending on risk\nfactors;\n  (r) RH incompatibility screening for all pregnant women and follow-up\ntesting for women at higher risk;\n  (s) Tobacco use screening and interventions for all women, and\nexpanded counseling for pregnant tobacco users;\n  (t) Sexually transmitted infections (STI) counseling for sexually\nactive women;\n  (u) Syphilis screening for all pregnant women or other women at\nincreased risk; and\n  (v) Well-woman visits to obtain recommended preventive services.\n  2. The commissioner shall develop and update as necessary information\non possible complications from pregnancy that can endanger the life or\nhealth of the newborn or the mother for purposes of advancing women's\nhealth initiatives, pursuant to subdivision one of this section. Such\ninformation shall be developed in consultation with any state or local\ngovernment maternal mortality review boards and health care providers or\nother experts in the field of women and newborn health. Such information\nshall be posted on the website in a printable format, in each of the top\nsix languages spoken in the state, other than English, according to the\nlatest available data from the United States Census Bureau, to allow all\ngeneral hospitals, diagnostic and treatment centers, obstetricians,\nprimary care providers, midwives, and other health care programs\nproviding women's wellness services to provide the information to their\npatients as part of their wellness education or prenatal care\nactivities.\n  3. The department shall also consider making use of social media\nnetworks for the purposes of advancing such initiatives.\n  4. Information pursuant to subdivision two of this section shall\ninclude information related to pre-term labor and premature birth,\nincluding but not limited to definitions and information on the risks of\npre-term labor and premature birth to the expectant mother and fetus, as\nwell as signs and symptoms of pre-term labor. The information shall also\ninclude:\n  (a) a statement that the medical assistance program provides coverage\nfor all income-eligible pregnant women residing in the state regardless\nof immigration status; and\n  (b) a statement informing individuals of their right to request a\nhospital discharge review in accordance with section twenty-eight\nhundred three-i of this article if they believe they are being asked to\nleave a hospital too soon; and\n  (c) a statement informing individuals that hospitals must determine\nwhether an expectant mother is experiencing an emergency medical\ncondition, and upon making a diagnosis of an emergency medical\ncondition, admit the expectant mother to the general hospital or treat\nthem in the emergency room for close observation and continuous\nmonitoring until it is deemed medically safe for discharge or transfer\nin accordance with state and federal requirements including the federal\nEmergency Medical Treatment and Labor Act (EMTALA).\n  5. The department shall develop educational materials to be provided\nto emergency room medical staff regarding the state and federal\ndischarge and transfer requirements.\n  6. Cytomegalovirus. (a) In addition to information provided pursuant\nto this section, the commissioner shall also develop comprehensive\ninformational materials, which shall include, but not be limited to, the\nsymptoms, the risks, the transmission and the prevention of\ncytomegalovirus and the effects that such virus may have on a pregnant\nindividual, an individual who may become pregnant, and children.\n  (b) i. The commissioner shall distribute such cytomegalovirus\ninformational materials to:\n  (1) licensed physicians who practice obstetric and/or gynecology in\nthis state; and\n  (2) those licensed to practice midwifery pursuant to article one\nhundred forty of the education law.\n  ii. Such physicians or midwives shall provide the cytomegalovirus\ninformational materials to each pregnant patient during such patient's\nfirst appointment with such physician or midwife.\n
N.Y. PBH Law § 3371-A — New York Code / Act PBH / Article 33 / Title 6 / Section 3371-A
Disclosure of certain records, reports, and information to another state
Status: in_force

§ 3371-a. Disclosure of certain records, reports, and information to\nanother state. 1. The commissioner is authorized to disclose records,\nreports and information filed pursuant to sections thirty-three hundred\nthirty-one and thirty-three hundred thirty-three of this article: (a) to\nanother state's controlled substance monitoring program or other\nauthorized agency with which the department has established an\ninteroperability agreement, pursuant to judicial subpoena or court order\nin a criminal investigation or proceeding in that state;\n  (b) to another state's agency, department, or board with which the\ndepartment has established an interoperability agreement and which is\nauthorized to regulate, license, register or otherwise supervise a\nperson who is authorized by law to deal in controlled substances, in the\ncourse of any investigation or proceeding by or before such agency,\ndepartment or board;\n  (c) to another state's controlled substance monitoring program or\nother authorized agency with which the department has established an\ninteroperability agreement to inform a practitioner in another state\nthat a patient may be under treatment with a controlled substance by\nanother practitioner; or\n  (d) to another state's controlled substance monitoring program or\nother authorized agency with which the department has established an\ninteroperability agreement to inform a pharmacy in another state that a\nperson who presents or has presented a prescription for one or more\ncontrolled substances at the pharmacy may have also obtained controlled\nsubstances at another pharmacy where the circumstances indicate a\npossibility of drug abuse or diversion, potential harm to the person, or\nsimilar grounds under regulations of the commissioner.\n  2. Records, reports, and information disclosed under the provisions of\nthis section shall be in accordance with regulations promulgated by the\ncommissioner and shall include, but not be limited to:\n  (a) the authentication of the person requesting such information;\n  (b) an attestation from the person requesting the information that he\nor she has authority to request and receive such information, and that\nsuch information will only be used consistent with the purpose of the\nrequest for such information;\n  (c) a statement of the purpose of the request for such information;\nand\n  (d) ensuring that such information is, or will be, transmitted in a\nsecure manner.\n  3. Every agreement under subdivision one of this section shall:\n  (a) require reciprocity with the department on the part of every other\nparty to the agreement;\n  (b) guarantee protection for the confidentiality of information\ndisclosed at least as strong as the protections that would apply to the\ninformation when in the possession of the department, including remedies\nfor breaches of confidentiality; and\n  (c) be subject to renewal not less frequently than every two years.\n
N.Y. EDN Law § 4112 — New York Code / Act EDN / Title 6 / Article 83 / Section 4112
Commissioner of education to contract for keeping of truants
Status: in_force

§ 4112. Commissioner of education to contract for keeping of truants.\nThe commissioner of education may contract with any city or district\nhaving a school for delinquents, for the confinement, maintenance and\ninstruction therein of any child who shall be committed to such school\nas a truant by any magistrate before whom such child shall have been\nexamined upon the charge of truancy.  The costs and expenses attending\nthe support and maintenance of any truant, as herein provided, shall be\naudited by the commissioner of education and paid in the same manner as\nthe expenses of supporting and maintaining the schools on a reservation\nare paid.\n
N.Y. PBA Law § 1121 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1121
Short title
Status: in_force

* § 1121. Short title. This title shall be known and may be cited as\nthe "town of Wilton water and sewer authority act".\n  * NB There are 2 § 1121's\n
N.Y. EDN Law § 4607 — New York Code / Act EDN / Title 6 / Article 93 / Section 4607
Bridge to employment, work tryout and education program
Status: in_force

§ 4607. Bridge to employment, work tryout and education program. 1.\nThe commissioner is hereby authorized and directed to make grants within\nthe limits of the appropriation available for such purpose, to major\neducation providers, as defined in the Vocational Education Act of 1963,\nservice delivery area administrative entities and private industry\ncouncils as established by the Job Training Partnership Act (JTPA) of\n1982 in accordance with the provisions of this section, to encourage the\nestablishment of a bridge to employment, work tryout and education\nprogram for certain targeted populations with businesses with no more\nthan two hundred fifty employees in any facility and no more than an\naggregate of one thousand employees in the state of New York. Priority\nshall be accorded to jointly developed proposals from major education\nproviders, as defined in the Vocational Education Act, and service\ndelivery area administrative entities. For the purposes of a statewide\nprogram, the commissioner is hereby authorized to develop regulations,\nand to consult with the commissioner of labor, to establish\nadministrative, program, and expenditure guidelines and standards for\nthe work tryout experience and the bridge to employment programs\npursuant to this chapter. Such regulations and guidelines shall include\nprovisions for educational services to meet additional job skill\nrequirements for youth or adults to continue such employment placements.\n  2. Any agency or organization, eligible for a grant or contract under\nthe provisions of subdivision one of this section, which plans to\nestablish a bridge to employment, work tryout and education program\nshall submit an application to the commissioner on or before the first\nday of July of each year in which such program is conducted provided,\nhowever, that such application for the nineteen hundred\neighty-seven--eighty-eight pilot program shall be filed by September\nfirst, nineteen hundred eighty-seven. Priority shall be accorded to\njointly developed proposals from major education providers and service\ndelivery area administrative entities. Such application shall include\nbut not be limited to, at least a statement of the purpose of the\nprogram, a detailed estimate of the cost of such program, a complete\ndescription of the manner in which the program will operate and how the\nprogram will improve and expand education and placement services\ncurrently offered by the applicant, and such other information as the\ncommissioner shall require.\n  3. For the purposes of a statewide program, the commissioner in the\nconsultation with the commissioner of labor shall evaluate such\napplications, using as criteria the merit and value of the various\nprograms submitted and prior experience of such agency or agencies and\nsubcontracts in provision of placement services. The commissioner shall\nthen promulgate a list of those programs that have been selected\naccording to regulations established by the commissioner.\n  4. The commissioner shall determine the amount of the apportionment\nwhich shall be made to those programs which he deems to have merit\nwithin the amount of the appropriation therefor.\n  5. A person who seeks to participate under the bridge to employment,\nwork tryout and education program must be:\n  a. (1) a secondary student who has completed an career sequence or\n  (2) a community college graduate who has completed a certificate or\nassociate degree program in career education and\n  (3) unemployed three months after completion of such education; or\n  b. (1) an unemployed adult at least twenty-one years of age or older\nwho has completed a career education adult and/or other training program\nor have the necessary capacity and past employment history to explore\nnew job experiences and\n  (2) meet any of the following qualifications:\n  (i) single parent;\n  (ii) dislocated worker;\n  (iii) long-term unemployed;\n  (iv) displaced homemaker;\n  (v) older worker;\n  (vi) economically disadvantaged;\n  (vii) handicapped individuals; or\n  (viii) such other individuals as the commissioner may determine to be\neligible.\n  c. Notwithstanding any other provision of law, the work experience\nunder this chapter shall not affect any predetermined eligibility under\nthe Job Training Partnership Act of 1982 or any other appropriate\neducational services program.\n  6. Any agency or organization designated by the commissioner to\nconduct a bridge to employment, work tryout and education program is\nhereby authorized and empowered to do and perform all acts necessary or\nconvenient to enable it to carry out the provisions of this section and\nit is authorized to enter into a contract with any person, firm,\nassociation, partnership or corporation whereby such person, firm,\nassociation, partnership or corporation will provide work tryout\nexperience to participants enrolled in such program, the consideration\nfor such contract, if it otherwise meets the provisions of this section,\nto be a legal charge against the agency or organization. However, no\nplacements will be made with any person, firm, association, partnership\nor corporation where there is an industry/labor controversy, as defined\nin regulations of the commissioner of labor.\n  7. Use of funds. a. Work tryout experiences. Agencies or organizations\nparticipating in the bridge to employment, work tryout and education\nprogram may provide to eligible participants up to one hundred hours of\nfull-time or part-time work tryout experiences with small to\nmedium-sized employers at no cost to those participating employers. No\nsuch experiences may last more than forty hours with any single\nemployer. Employers who elect to retain a participant from the work\ntryout experience may transfer such participants to a bridge to\nemployment placement component of the program and receive full benefit\nof such program. Up to fifty percent of the funds are to be used to\nsupport, administer and promote the work tryout experience program.\n  Notwithstanding any other provision of law to the contrary, any\nparticipants in the work tryout experience who are returned back to the\nprogram operator because of lack of skills required to retain employment\nshall be provided education and training in such skills as the program\noperator deems necessary and available from local, state or federal\nfunded training programs.\n  b. Bridge to employment placement. The remaining funds are to be\nutilized to provide a bridge to employment placement program with small\nand medium employers. Eligible agencies and organizations serving as\nprogram operators may subcontract with temporary help services,\nemployment and training agencies, or employers for placement of\nparticipants with the following support provided from these funds:\n  (1) Payroll administration and program promotion by the agency or\norganization or sub-contractor for up to two hundred eighty hours but\nnot more than seven weeks for each person placed in employment.\n  (2) Appropriate share of wages and fringe benefits for such\nemployment.\n  Employers will be responsible for payment of at least fifty percent of\nthe wages and fringe benefits for such employment. After seven weeks of\nemployment the bridge to employment and education program benefits shall\ncease and the employer must pay all expenses.\n  Employers participating in the program shall not be required to\nparticipate for any specific period of time. Participants may be hired\nby participating employers at any time or may be returned to the bridge\nto employment and education program operator at any time with a\nstatement of circumstances and/or work related deficiencies. Continued\nemployer participation in the program shall be determined by\ndemonstrated transition to unsubsidized employment at levels established\nby the agency or organization and approved by the commissioner. However,\nemployers who have released an excessive number of participants from the\nbridge to employment programs within the first six months of placement\npursuant to commissioner regulations shall be prohibited from seeking\nfurther placements from the bridge to employment program.\n  c. Employment and training agencies or temporary help services or\nother organizations which may serve as subcontractors may charge\noverhead and promotional expenses as provided in approved contracts for\nwork tryout experience and bridge to employment programs as specified in\nguidelines and/or regulations of the commissioner. Such agencies,\nservices or organizations shall endeavor to serve at least fifty percent\nof the participants in the bridge to employment program from paragraph b\nof subdivision five of this section.\n  d. Notwithstanding any provision of law to the contrary, any eligible\nadult who is either economically disadvantaged or handicapped shall be\neligible for forty additional hours of work tryout experience benefits\nand one hundred twenty additional hours of bridge to employment\nplacement benefits.\n  8. Notwithstanding any other provision of law to the contrary, any\nparticipants in the bridge to employment and education program who are\nreferred back to the program operator because of lack of skills required\nto retain employment shall be provided education and training in such\nskills as the placement agency deems necessary and available from local,\nstate or federal funded training programs.\n
N.Y. SOS Law § 111-G — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-G
Availability of paternity and support services
Status: in_force

§ 111-g. Availability of paternity and support services. 1. The office\nof temporary and disability assistance and the social services\ndistricts, in accordance with the regulations of the office of temporary\nand disability assistance, shall make services relating to the\nestablishment of paternity and the establishment and enforcement of\nsupport obligations available to persons not receiving family assistance\nupon application by such persons. Such persons must apply by (i)\ncompleting and signing a form as prescribed by the office of temporary\nand disability assistance, or (ii) filing a petition with the court or\napplying to the court in a proceeding for the establishment of paternity\nand/or establishment and/or enforcement of a support obligation, which\nincludes a statement signed by the person requesting services clearly\nindicating that such person is applying for child support enforcement\nservices pursuant to this title.\n  2. The office of temporary and disability assistance may, by\nregulation, require payment of an application fee for such services and\nthe deduction of costs in excess of such fee from amounts collected on\nbehalf of such persons.\n  3. (a) A person who is receiving child support services pursuant to\nthis section who has never received assistance pursuant to title IV-A of\nthe federal social security act shall be subject to an annual service\nfee of thirty-five dollars for each child support case if at least five\nhundred fifty dollars of support has been collected in the federal\nfiscal year.  Where a custodial parent has children with different\nnoncustodial parents, the order payable by each noncustodial parent\nshall be a separate child support case for the purpose of imposing an\nannual service fee. The fee shall be deducted from child support\npayments received on behalf of the individual receiving services.\n  (b) In international cases under section 454(32) of the federal social\nsecurity act which meet the criteria for imposition of the annual\nservice fee under paragraph (a) of this subdivision, the annual service\nfee shall be imposed but may not be collected from the country\nrequesting services or a person living in another country unless\npermitted by federal law or regulation.\n
N.Y. PBA Law § 1743 — New York Code / Act PBA / Article 8 / Title 6 / Section 1743
Equal employment opportunity program and minority and women-owned business enterprise program
Status: in_force

§ 1743. Equal employment opportunity program and minority and\nwomen-owned business enterprise program. 1. Notwithstanding any other\ninconsistent provision of law, sections 8-107 and 8-108.1 of the\nadministration code of the city of New York shall apply to the\nactivities of the authority.\n  2. a. The provisions of section 6-108.1 of the administrative code of\nthe city of New York with respect to the award of contracts to locally\nbased enterprises shall apply to contracts entered into by the authority\nprovided, however, that notwithstanding any provision of such section or\nof chapter thirteen-A of the charter of the city of New York, the\nauthority shall exercise the powers of the mayor set forth in such\nsection with respect to: the establishment of procedures for the\ncertification of businesses; the approval or granting of waivers of the\nrequirements of such section; the promulgation of rules and regulations\nfor the purpose of implementing the provisions of such section; and the\nsubmission of annual reports concerning the administration of the\nprogram established pursuant to such section. Notwithstanding the\nforegoing, the limitation on gross receipts of qualified locally based\nenterprises set forth in clause (a) of subdivision six of paragraph a of\nsection 6-108.1 of the administrative code of the city of New York may\nbe raised by the authority upon a determination that a higher limitation\nis necessary to meet the goals of the locally based enterprise program.\n  b. The authority shall establish and implement reasonable procedures\nto secure the meaningful participation of minority and women owned\nbusiness enterprises in its procurement process. In addition to\nprocedures it has already adopted for such purpose, the authority may\nuse the same measures, to enhance minority and women owned business\nenterprise participation, as are available to the city of New York\npursuant to article five-A of the general municipal law, section\nthirteen hundred four of the New York city charter, paragraphs one and\ntwo of subdivision i of section three hundred eleven of the New York\ncity charter, and section 6-129 of the administrative code of the city\nof New York.\n  3. The provisions of executive order fifty of the mayor of the city of\nNew York, dated April twenty-fifth, nineteen hundred eighty, as amended,\nshall apply to contracts of the authority unless and until such\nprovisions are revoked, and the requirements of chapter thirteen-B of\nthe charter of such city shall apply to contracts of the authority;\nprovided, however, that with respect to such order, or any other program\nconcerning equal employment opportunity or affirmative action to which\ncontracts entered into by the authority are subject, such program shall\nbe administered by an officer of the authority designated by the\nauthority, and no other agency shall have jurisdiction over the\ncompliance by the authority with the requirements of any such program.\n
N.Y. PBA Law § 1147-Q — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-Q
Exemption from taxes, assessments and certain fees
Status: in_force

§ 1147-q. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the village of Almond and the people of the towns of Almond,\nAlfred and that portion of the town of Hornellsville within the\nboundaries of the authority and the state and is a public purpose and\nthe authority shall be regarded as performing a governmental function in\nthe exercise of the powers conferred upon it by this title and shall not\nbe required to pay any taxes, special ad valorem levies or special\nassessments upon any property owned by it or under its jurisdiction,\ncontrol or supervision or upon its activities or any filing, recording,\nor transfer fees or taxes in relation to instruments filed, recorded or\ntransferred by it or on its behalf. The construction, use, occupation or\npossession of any property owned by the authority including improvements\nthereon, by any person or public corporation under a lease, lease and\nsublease or any other agreement shall not operate to abrogate or limit\nthe foregoing exemption, notwithstanding that the lessee, user, occupant\nor person in possession shall claim ownership for federal income tax\npurposes.  Mortgages made or financed, directly or indirectly, by the\nauthority shall be exempt from the mortgage recording taxes imposed by\narticle eleven of the tax law. The authority shall be deemed a public\nauthority for the purposes of section four hundred twelve of the real\nproperty tax law.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall be exempt from\ntaxes, except for transfer and estate taxes. The revenues, moneys and\nall other property and all transactions and activities of the authority\nshall be exempt from all taxes and governmental fees or charges, whether\nimposed by the state or any municipality, including without limitation\nreal estate taxes, franchise taxes, sales taxes or other excise taxes.\nThe state hereby covenants with the purchasers and with all subsequent\nholders and transferees of bonds issued by the authority pursuant to\nthis title, in consideration of the acceptance of any payment of the\nbonds, that the bonds of the authority issued pursuant to this title and\nthe income therefrom and all revenues, moneys, and other property\npledged to secure the payment of such bonds shall at all times be free\nfrom taxation except for transfer and estate taxes.\n
N.Y. PBA Law § 1149-P — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-P
Construction and purchase contracts
Status: in_force

§ 1149-p. Construction and purchase contracts. The authority shall let\ncontracts for construction or purchase of supplies, materials, or\nequipment pursuant to section one hundred three of the general municipal\nlaw. Nothing in this section shall be construed to limit the power of\nthe authority to do any construction directly by the officers, agents\nand employees of the authority.\n
N.Y. PBA Law § 3636 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3636
Monies of the corporation
Status: in_force

§ 3636. Monies of the corporation. All monies of the corporation from\nwhatever source derived shall be paid to the treasurer of the\ncorporation and shall be deposited forthwith in a bank or banks\ndesignated by the corporation. The monies in such accounts shall be paid\nout or withdrawn on the order of such person or persons as the\ncorporation may authorize to make such requisitions. All deposits of\nsuch monies shall be secured by obligations of the United States or of\nthe state or of any municipality of a market value equal at all times to\nthe amount on deposit, and all banks and trust companies are authorized\nto give such security for such deposits. Alternatively, monies of the\ncorporation may be deposited in money market funds rated in the highest\nshort term or long term rating category by at least one nationally\nrecognized rating agency. To the extent practicable, consistent with the\ncash requirements of the corporation, all such monies shall be deposited\nin interest bearing accounts. The corporation shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security,\ninvestment, and payment of any monies of the corporation or any monies\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds, and carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section. Monies\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds and deposits of such monies may be secured in the same\nmanner as monies of the corporation, and all banks and trust companies\nare authorized to give such security for such deposits. Any monies of\nthe corporation not required for immediate use or disbursement may, at\nthe discretion of the corporation, be invested in accordance with\nguidelines established by the corporation's board and amended from time\nto time. Subject to the provisions of any contract with bondholders and\nwith the approval of the state comptroller, the corporation shall\nprescribe a system of accounts.\n
N.Y. RSS Law § 342 — New York Code / Act RSS / Article 8 / Title 6 / Section 342
Payments for credit for service for the federal government or certain public authorities or corporations
Status: in_force

§ 342. Payments for credit for service for the federal government or\ncertain public authorities or corporations.  a. The payments required by\nthis section shall be made by:\n  1. Members who elect to continue their membership pursuant to\nsubdivision d of section three hundred forty of this article even though\ntheir government service was discontinued because of the transfer of\ntheir offices to the federal government or to any public authority or\ncorporation organized pursuant to the laws of this state, and which is\nnot a participating employer.\n  2. Officers or employees of the federal government who are\ncontributing members pursuant to paragraph two of subdivision c of\nsection three hundred forty of this article.\n  3. Members who claim service credit pursuant to paragraph four of\nsubdivision b of section three hundred forty-one of this article for\nfederal service previously rendered by them.\n  b. Memberships pursuant to paragraph two of subdivision c of section\nthree hundred forty of this article shall be conditioned upon the\npayment in regular monthly installments into:\n  1. The annuity savings fund of a proportion of the salary paid to the\nmember in such employment computed upon his rate of contribution, and\n  2. The annuity savings fund of a sum computed to be sufficient to\nprovide the full cost of the service retirement benefits to which such\nmember could have become entitled as an incident of his membership and\nwhich would have been payable from the pension reserve fund if he were\nin government service, and\n  3. The pension accumulation fund of a sum, computed upon the rate of\ncontribution necessary to provide the full cost of all benefits, other\nthan service retirement benefits, to which such member could have become\nentitled as an incident of his membership if he were in government\nservice.\n  In the case of such a membership in the state employees' retirement\nsystem which was last begun or last resumed prior to March twenty-ninth,\nnineteen hundred forty-four and which now is continuing pursuant to such\nparagraph four of subdivision c of section three hundred forty of this\narticle, and so long as federal service of such member shall continue\nhereafter without interruption, the member shall make only the payments\nrequired by former section fifty-two-c of the civil service law, as\namended by chapter seven hundred ninety-four of the laws of nineteen\nhundred thirty-nine. Federal service covered by such former section\nfifty-two-c of the civil service law shall not, for the purposes of this\nparagraph, be deemed to have been interrupted by the rendition of\nservice to the state immediately after such federal service and the\nreturn to such federal service not later than four months after the\ntermination of such service to the state.\n  c. Membership pursuant to subdivision d of section three hundred forty\nof this article shall be conditioned upon the payment in regular monthly\ninstallments into:\n  1. The annuity savings fund of a proportion of the salary paid to the\nmember in such employment computed upon his rate of contribution, and\n  2. The pension accumulation fund of a further proportion of such\nsalary to cover the state contribution on his account computed upon the\nrate of contribution that would have been payable by the state in his\nbehalf had he continued in government service. The payments required to\nbe made by this paragraph two may be made by the member's employer in\nhis behalf.\nIn the event the office in which a member was employed was transferred\nas provided in subdivision d of section three hundred forty of this\narticle prior to January first, nineteen hundred thirty-three, such\nmember shall be required to make only the payments provided for in\nparagraph one of this subdivision c.\n  d. The granting of service credit pursuant to paragraph four of\nsubdivision b of section three hundred forty-one of this article shall\nbe conditioned upon the payment, in a lump sum or in regular monthly\ninstallments, over a period no greater than the number of months of\nservice for which such credit is being purchased, into:\n  1. The annuity savings fund of a sum equal to the amount that would\nhave been in such fund to his credit if he had actually been a member\ncontributing thereto during the entire period of such federal service,\ncomputed on the basis of his present salary, regular interest and tables\nas adopted by the comptroller, and\n  2. The annuity savings fund of a sum computed to be sufficient to\nprovide the full cost of an annuity at retirement, equal to the pension\nand pension-providing-for-increased-take-home-pay, if any, which would\nbe provided out of the pension reserve fund if such federal service had\nbeen government service, and\n  3. The pension accumulation fund of a sum, computed upon the rate of\ncontribution necessary to provide the full cost of all benefits, other\nthan service retirement benefits, to which he would have become entitled\nif such federal service had been government service.\n  e. The United State government may make the payments required to be\nmade by paragraphs two and three of subdivision b or by paragraphs two\nand three of subdivision d of this section. The sums so paid by it shall\nbe credited to the pension accumulation fund. Only to the extent that\npayments are so made by the United States government shall service\ncredit purchased pursuant to this section be used in determining a\nmember's pension for any type of service retirement benefit.\n  f. If a member is contributing pursuant to section three hundred\nseventy-one or three hundred seventy-one-a of this article and elects or\nhas elected to pay for federal service under subdivisions b, c or d of\nthis section, his payments into the annuity savings fund shall be\ncomputed in an amount sufficient to provide the full cost of an annuity\nat age fifty-five equal to the service retirement allowance he would\nreceive at age fifty-five for such federal service under the provisions\nof section three hundred seventy-one or three hundred seventy-one-a had\nit been government service.\n
N.Y. LAB Law § 581-C — New York Code / Act LAB / Article 18 / Title 6 / Section 581-C
Amnesty program
Status: in_force

§ 581-c. Amnesty program. 1. Notwithstanding the provisions of any\nother law to the contrary, there is hereby established a three month\namnesty program as described in this section, to be administered by the\ncommissioner, to be effective for the period commencing October first,\nnineteen hundred ninety-eight and ending December thirty-first, nineteen\nhundred ninety-eight, for all eligible employers as described in this\nsection, owing any contribution imposed by section five hundred\nseventy-seven or five hundred eighty-one of this title.\n  2. Such amnesty shall apply to contribution liabilities for the\ncontributions set forth in subdivision one of this section ("designated\ncontributions") for contribution periods ending or transactions or uses\noccurring on or before December thirty-first, nineteen hundred\nninety-five.\n  3. For purposes of this section an "eligible employer" shall mean any\nindividual, partnership, corporation, limited liability company, joint\nstock company or any other company, society, association or business or\nany other person as described in this chapter, who or which has\ncontribution liability with regard to one or more of the designated\ncontributions for the period of time described in subdivision two of\nthis section.\n  4. The amnesty program established in this section shall provide that\nupon application by an eligible employer, and upon payment, which shall\neither accompany such application or be made within the time stated on a\nbill issued by the commissioner to such employer, of the amount of a\ncontribution liability under one or more of the designated contributions\nwith respect to which amnesty is sought, plus related interest, and the\ncommissioner shall waive any applicable penalties. In addition, no\ncivil, administrative or criminal action or proceeding shall be brought\nagainst such an eligible employer relating to the contribution liability\ncovered by such waiver. Failure to pay, all such contributions, plus\nrelated interest, shall invalidate an amnesty granted pursuant to this\nsection.\n  5. An otherwise eligible employer, who or which certifies on an\napplication for amnesty, that making payment of the full amount of the\nliability for which amnesty is sought at the time such application is\nmade would create a severe financial hardship for such employer, shall\nretain eligibility for amnesty if, (a) fifty percent or more of the\namount due as computed by such employer is paid with such application or\nwithin the time stated on a bill issued by the commissioner, and (b) the\nbalance due, including interest, is paid, in no more than two\ninstallments on or before May fifteenth, nineteen hundred ninety-eight\nor the date prescribed therefor on a bill issued by the commissioner.\n  6. Amnesty shall not be granted to any contributor who is a party to\nany criminal investigation being conducted by an agency of the state or\nany political subdivision thereof or is a party to any civil or criminal\nlitigation which is pending on the date of the employer's application in\nany court of this state or the United States relating to any action or\nfailure to act which is the basis for the penalty with respect to which\namnesty is sought. A civil litigation shall be deemed not to be pending\non the date of the application if the employer withdraws from such\nlitigation prior to the granting of amnesty.\n  7. Amnesty contribution return forms shall be in a form prescribed by\nthe commissioner and shall provide for specifications by the applicant\nof the contribution liability with the respect to which amnesty is\nsought. The applicant shall also provide such additional information as\nrequired by the commissioner. Amnesty shall be granted only with respect\nto contribution liabilities specified by the employer on such forms. Any\nreturn or report filed under the amnesty program established in this\nsection is subject to verification and assessment as provided by law. If\nthe applicant files a false or fraudulent contribution return or report,\nor attempts in any manner to defeat or evade a contribution under the\namnesty program, amnesty may be denied or rescinded.\n  8. No refund shall be granted or credit allowed with respect to any\npenalty paid prior to the time the employer applies for amnesty pursuant\nto subdivision four of this section.\n  9. Unless the commissioner on his or her own motion redetermines the\namount of contribution due, including applicable interest, no refund\nshall be granted or credit allowed with respect to any contributions,\nincluding applicable interest paid under this program.\n  10. The commissioner may promulgate regulations, issue forms and\ninstructions and take any and all other actions necessary to implement\nthis section. The commissioner shall publicize the amnesty program\nprovided for in this section so as to maximize public awareness of and\nparticipation in such program.\n  11. For purposes of this section, the amnesty contribution return\nforms and other documents filed by employers shall be deemed to be\nreports and returns subject to the disclosure prohibitions of section\nfive hundred thirty-seven of this article.\n  12. Where an employer against whom or which a penalty is assessed, was\neligible for a waiver thereof under the amnesty program provided for\npursuant to this section but did  not make timely application for such\nwaiver, such penalty shall be augmented by an amount equal to five\npercent of the amount of such penalty.\n  13. For purposes of accounting for moneys and revenues received under\nthe amnesty program established pursuant to this section, the\ncommissioner shall report the gross revenue collected under each\ncontribution pursuant to the amnesty program. Such report shall be on a\nmonthly basis, commencing the first day of the month after the amnesty\nprogram is established and ending on  the last day of the month\nimmediately prior to the issuance of the final report required pursuant\nto subdivision fourteen of this section. Such reports shall include\ninformation concerning the gross revenue collected under each\ncontribution and the year or other applicable period for or during which\nthe liability was incurred.\n  14. On or before January thirty-first, two thousand the commissioner\nshall submit a report to the chairman of the assembly ways and means\ncommittee, the ranking minority member of the assembly ways and means\ncommittee, the chairman of the senate finance committee, the ranking\nminority member of the senate finance committee and the director of the\ndivision of the budget regarding the amnesty program established\npursuant to this section. The report shall contain the following\ninformation:\n  (a) the number of cases in which requests for penalty and interest\npenalty waivers were made;\n  (b) the number of cases in which requests for penalty plus interest\nwaivers were approved;\n  (c) the amount of contribution and interest due in all approved and\nunapproved cases;\n  (d) the amount of penalty and interest penalty waived in all approved\ncases;\n  (e) the gross revenue collected and the year or other applicable\nperiod for or during which the liability incurred;\n  (f) the amount of money spent on advertising, notification and\noutreach activities, by each activity;\n  (g) the amount paid by the department for services and expenses\nrelated to the establishment of the amnesty program;\n  (h) an estimate of the amount of revenue foregone as a result of\ndiverting staff of the department from regular work responsibilities to\nwork on the amnesty program;\n  (i) an estimate of the amount of revenue received during the period of\namnesty program provided for in this section which would have otherwise\nbeen received at a later date; and\n  (j) an estimate of the set revenue generated from the amnesty program.\n