N.Y. SOS Law § 404 — New York Code / Act SOS / Article 6 / Title 2 / Section 404
Juvenile justice services close to home initiative
Status: in_force

* § 404. Juvenile justice services close to home initiative. 1. A\nsocial services district in a city with a population in excess of one\nmillion may implement a close to home initiative to provide juvenile\njustice services to all adjudicated juvenile delinquents determined by a\nfamily court in such district as needing placement other than in a\nsecure facility and to enter into contracts with any authorized agency,\nas defined by section three hundred seventy-one of this chapter, to\noperate and maintain non-secure and limited secure facilities. Such a\nsocial services district shall have sufficient capacity to serve all\nadjudicated juvenile delinquents needing residential placements within\nthe district within twenty-four months of approval of a plan for each\nsetting level except for those juvenile delinquents who need specialized\nservices that are not available within the district.\n  2. A social services district shall obtain prior approval from the\noffice of children and family services of its plan for establishing and\nimplementing such an initiative in accordance with guidelines\nestablished and in the format, and including the information required,\nby such office. Such district shall submit separate plans for how the\ndistrict will implement initiatives for juvenile delinquents placed in\nnon-secure settings and in limited secure settings. Any such plan shall\nspecify, in detail, as applicable:\n  (a) how the district will provide a continuum of evidence informed,\nhigh-quality community-based and residential programming that will\nprotect community safety and provide appropriate services to youth,\nincluding the operation of non-secure and limited secure facilities, in\nsufficient capacity and in a manner designed to meet the needs of\njuvenile delinquents cared for under the initiative. Such programming\nshall be based on an analysis of recent placement trends of youth from\nwithin such district, including the number of youth who have been placed\nin the custody of the office of children and family services for\nplacement in other than a secure facility;\n  (b) the anticipated start-up and on-going services and administrative\ncosts of the initiative;\n  (c) the readiness of the district to establish the initiative and the\navailability of all needed resources, including the location of services\nand availability of the providers that will provide all necessary\nservices under the initiative including, but not limited to,\nresidential, non-residential, educational, medical, substance abuse,\nmental health and after care services and community supervision;\n  (d) the proposed effective date of the plan and documentation of the\ndistrict's readiness to begin accepting and appropriately serving\njuvenile delinquents under the plan;\n  (e) how the district will provide necessary and appropriate staffing\nto implement the initiative;\n  (f) how the district will monitor the quality of services provided to\nyouth, including how the district will provide case management services;\n  (g) how, throughout the initiative, the district will seek and receive\non-going community and stakeholder input relating to the implementation\nand effectiveness of the initiative;\n  (h) how the district will ensure that all staff working directly with\nyouth served under the initiative have received necessary and\nappropriate training;\n  (i) how the district will monitor the use of restraints on youth,\nincluding, but not limited to, the use of mechanical restraints;\n  (j) how the district will develop and implement programs and policies\nto ensure program safety and that youth receive appropriate services\nbased on their needs, including, but not limited to, educational,\nbehavioral, mental health and substance abuse services in accordance\nwith individualized treatment plans developed for each youth;\n  (k) how the district will develop and implement gender specific\nprogramming and policies to meet the specialized needs of lesbian, gay,\nbisexual and transgender youth;\n  (l) how the district will develop and implement programming that is\nculturally competent to meet the diverse needs of the youth;\n  (m) how the district will develop and implement local programs that\nwill seek to reduce the disproportionate placement of minority youth in\nresidential programs in the juvenile justice system;\n  (n) how the district will develop and implement a plan to reduce the\nnumber of youth absent without leave from placement;\n  (o) how the district will develop and implement policies to serve\nyouth in the least restrictive setting consistent with the needs of\nyouth and public safety, and to avoid modifications of placements to the\noffice of children and family services;\n  (p) how the district will engage in permanency and discharge planning\nfor juvenile delinquents placed in its custody including, but not\nlimited to, securing adequate housing and health insurance and education\nand employment, as appropriate;\n  (q) how the district will develop and implement a comprehensive after\ncare program to provide services and supports for youth who have\nre-entered the community following a juvenile justice placement with the\ndistrict;\n  (r) how the district will develop and implement policies focused on\nreducing recidivism of youth who leave the program;\n  (s) how the local probation department will implement a comprehensive\npredisposition investigation process that includes, at least, the use of\nappropriate assessments to determine the cognitive,\neducational/vocational, and substance abuse needs of the youth and the\nuse of a validated risk assessment instrument, approved by the office of\nchildren and family services; and how the district will implement an\nintake process for youth placed in residential care that includes the\nuse of appropriate assessments to determine the medical, dental, mental\nand behavioral health needs of the youth; and\n  (t) how the district will provide for the restrictive setting and\nprograms necessary to serve youth who need placement in a limited secure\nsetting consistent with the necessity for the protection of the health\nand safety of the juvenile delinquents in the facility and the\nsurrounding community.\n  3. (a) Prior to submitting any plan pursuant to subdivision two of\nthis section to implement a juvenile justice services close to home\ninitiative for juvenile delinquents placed in non-secure settings, the\nsocial services district shall conduct at least one public hearing on\nthe proposed plan. Any such public hearings shall only be held after\nthirty days notice has been provided in a newspaper of general\ncirculation within the jurisdiction for which the social services\ndistrict is located. The notice shall specify the times of the public\nhearing and provide information on how written comments on the plan may\nbe submitted to the district for consideration. Additionally, for a\nperiod of at least thirty days prior to a hearing, the district shall\npost on its website a notice of the hearing, a copy of the proposed\nplan, and information on how written comments on the plan may be\nsubmitted to the district for consideration.\n  (b) Prior to submitting a plan pursuant to subdivision two of this\nsection to implement a juvenile justice services close to home\ninitiative for juvenile delinquents placed in limited secure settings,\nthe social services district shall:\n  (i) hold at least one forum in each of the five boroughs within the\ndistrict for community members and relevant stakeholders including\npotential provider agencies to discuss, in general, the manner in which\nthe district intends to provide the residential and aftercare services\nto youth who need placement in limited secure settings in a manner to\nprotect community safety and provide appropriate services to such youth,\nand to respond to concerns and receive suggested alternatives;\n  (ii) conduct at least one public hearing in each of the five boroughs\nwithin the district on the proposed plan. Such public hearings shall\nonly be held after thirty days notice has been provided in a newspaper\nof general circulation in the respective borough. The notice shall\nspecify the time of the hearing in the respective borough and provide\ninformation on how written comments on the plan may be submitted to the\ndistrict for consideration. Additionally, for a period of at least\nthirty days prior to each such hearing, the district shall post on its\nwebsite a notice of the hearing, a copy of the proposed plan, and\ninformation on how written comments on the plan may be submitted to the\ndistrict for consideration.\n  4. The social services district shall submit, with any such plan, an\nassessment of any written comments received, and any comments presented\nat the public hearing. At a minimum, such assessment shall contain:\n  (a) a summary and analysis of the issues raised and significant\nalternatives suggested;\n  (b) a statement of the reasons why any significant alternatives were\nnot incorporated into the plan; and\n  (c) a description of any changes made to the plan as a result of such\ncomments.\nAt the time of, or prior to, the submission of each such plan to the\noffice, the social services district shall post on its website the plan\nand the assessment of comments. At the time it submits its plan to the\noffice, the social services district shall provide a copy of the plan\nand assessment of comments to the temporary president of the senate and\nthe speaker of the assembly.\n  5. The office of children and family services, in consultation with\nthe office of mental health and the office of alcoholism and substance\nabuse services, shall be authorized to request amendments to any plan\nprior to approval. For any plan that only covers juvenile delinquents\nplaced in non-secure settings, the office shall, within thirty days of\nreceiving the plan, either approve or disapprove the plan or request\namendments to the plan. If any amendments are requested to the plan, the\noffice shall approve or disapprove the plan within fifteen days of its\nresubmission with the requested amendments. For any plan that covers\njuvenile delinquents placed in limited secure settings, the office\nshall, within sixty days of receiving the plan, either approve or\ndisapprove the plan or request amendments to the plan. If any amendments\nare requested to the plan, the office shall approve or disapprove the\nplan within fifteen days of its resubmission with the requested\namendments. In no event shall the office approve such a plan for limited\nsecure settings prior to April first, two thousand thirteen.\n  6. (a) Notwithstanding any other provision of law to the contrary, if\nthe office of children and family services approves a social services\ndistrict's plan to implement a juvenile justice services close to home\ninitiative for juvenile delinquents placed in non-secure settings, such\noffice shall work with such district to identify those juvenile\ndelinquents in the office's custody residing in non-secure placements\nand those conditionally released from a facility who were placed by a\nfamily court within the jurisdiction of said social services district.\nThe office shall evaluate the placement length and the needs of such\njuvenile delinquents and, where appropriate, file a petition pursuant to\nsection 355.1 of the family court act to transfer custody of such youth\nto said social services district on the effective date of the plan, or\nas soon as appropriate thereafter, but in no event later than ninety\ndays after such effective date; provided, however, if the office\ndetermines, on a case-by-case basis, for reasons documented in writing\nsubmitted to the social services district, that a transfer within ninety\ndays of the effective date of the plan would be detrimental to the\neducation or the emotional, mental or physical health of a youth, or\nwould seriously interfere with the youth's interstate transfer or\nimminent discharge, the office shall provide an estimated time by which\nthe office expects to be able to petition for the transfer of such youth\nor to release such youth from its care, and shall notify the district\nand the attorney for the respondent of any delay of that expected date\nand the reasons for such a delay.\n  (b) Notwithstanding any other provision of law to the contrary, if the\noffice approves a social services district's plan to implement a\njuvenile justice services close to home initiative for juvenile\ndelinquents placed in limited-secure settings, such office shall work\nwith such district to identify juvenile delinquents in the office's\ncustody residing in limited secure placements who were placed by a\nfamily court in the social services district. The office of children and\nfamily services shall evaluate the placement length and needs of such\njuvenile delinquents and, where appropriate, file a petition pursuant to\nsection 355.1 of the family court act to transfer custody of such youth\nto said social services district on the effective date of the plan or as\nsoon as appropriate thereafter, but in no event later than ninety days\nafter such effective date; provided, however, if the office determines,\non a case-by-case basis, for reasons documented in writing submitted to\nthe social services district, that a transfer within ninety days of the\neffective date of the plan would be detrimental to the education or the\nemotional, mental or physical health of a youth, or would seriously\ninterfere with the youth's interstate transfer or imminent discharge,\nthe office shall provide an estimated time by which the office expects\nto be able to petition for the transfer of such youth or to release such\nyouth from its care, and shall notify the district and the attorney for\nthe respondent of any delay of that expected date and the reasons for\nsuch a delay.\n  7. (a) Notwithstanding the provisions of paragraph (c) of subdivision\nfifteen of section five hundred one of the executive law, or any other\nlaw to the contrary, if the office of children and family services\napproves a social services district's plan for a juvenile justice\nservices close to home initiative to implement services for juvenile\ndelinquents placed in non-secure or limited secure settings, such office\nshall be authorized, for up to a year after the effective date of the\nfirst of any such approved plan for a district to implement services for\neach setting level, but in no event later than September first, two\nthousand fourteen: (1) to close any of its facilities in the\ncorresponding setting levels covered by the approved plan and to make\nsignificant associated service reductions and public employee staffing\nreductions and transfer operations for those setting levels to a private\nor not-for-profit entity, as determined by the commissioner of the\noffice of children and family services solely to reflect the decrease in\nthe number of juvenile delinquents placed with such office from such\nsocial services district; (2) to reduce costs to the state and other\nsocial services districts resulting from such decrease; and (3) to\nadjust services to provide regionally-based care to juvenile delinquents\nfrom other parts of the state needing services in those levels of\nresidential services. At least sixty days prior to taking any such\naction, the commissioner of the office shall provide notice of such\naction to the speaker of the assembly and the temporary president of the\nsenate and shall post such notice upon its public website. Such notice\nmay be provided at any time on or after the date the office approves a\nplan authorizing a social services district to implement programs for\njuvenile delinquents placed in the applicable setting level. Such\ncommissioner shall be authorized to conduct any and all preparatory\nactions which may be required to effectuate such closures or significant\nservice or staffing reductions and transfer of operations during such\nsixty day period. In assessing which of such facilities to close, or at\nwhich to implement any significant service reductions, public employee\nstaffing reductions and/or transfer of operations to a private or\nnot-for-profit entity, the commissioner shall consider the following\nfactors: (1) ability to provide a safe, humane and therapeutic\nenvironment for placed youth; (2) ability to meet the educational,\nmental health, substance abuse and behavioral health treatment needs of\nplaced youth; (3) community networks and partnerships that promote the\nsocial, mental, economic and behavioral development of placed youth; (4)\nfuture capacity requirements for the effective operation of youth\nfacilities; (5) the physical characteristics, conditions and costs of\noperation of the facility; and (6) the location of the facility in\nregards to costs and ease of transportation of placed youth and their\nfamilies.\n  (b) Any transfers of capacity or any resulting transfer of functions\nshall be authorized to be made by the commissioner of the office of\nchildren and family services and any transfer of personnel upon such\ntransfer of capacity or transfer of functions shall be accomplished in\naccordance with the provisions of section seventy of the civil service\nlaw.\n  8. (a) Notwithstanding any other provision of law to the contrary,\neligible expenditures during the applicable time periods made by a\nsocial services district for an approved juvenile justice services close\nto home initiative shall, if approved by the department of family\nassistance, be subject to reimbursement with state funds only up to the\nextent of an annual appropriation made specifically therefor, after\nfirst deducting therefrom any federal funds properly received or to be\nreceived on account thereof; provided, however, that when such funds\nhave been exhausted, a social services district may receive state\nreimbursement from other available state appropriations for that state\nfiscal year for eligible expenditures for services that otherwise would\nbe reimbursable under such funding streams. Any claims submitted by a\nsocial services district for reimbursement for a particular state fiscal\nyear for which the social services district does not receive state\nreimbursement from the annual appropriation for the approved close to\nhome initiative may not be claimed against that district's appropriation\nfor the initiative for the next or any subsequent state fiscal year.\n  (b) The department of family assistance is authorized, in its\ndiscretion, to make advances to a social services district in\nanticipation of the state reimbursement provided for in this section.\n  (c) A social services district shall conduct eligibility\ndeterminations for federal and state funding and submit claims for\nreimbursement in such form and manner and at such times and for such\nperiods as the department of family assistance shall determine.\n  (d) Notwithstanding any inconsistent provision of law or regulation of\nthe department of family assistance, state reimbursement shall not be\nmade for any expenditure made for the duplication of any grant or\nallowance for any period.\n  (e) Claims submitted by a social services district for reimbursement\nshall be paid after deducting any expenditures defrayed by fees, third\nparty reimbursement, and any non-tax levy funds including any donated\nfunds.\n  (f) The office of children and family services shall not reimburse any\nclaims for expenditures for residential services that are submitted more\nthan twenty-two months after the calendar quarter in which the\nexpenditures were made.\n  (g) Notwithstanding any other provision of law, the state shall not be\nresponsible for reimbursing a social services district and a district\nshall not seek state reimbursement for any portion of any state\ndisallowance or sanction taken against the social services district, or\nany federal disallowance attributable to final federal agency decisions\nor to settlements made, when such disallowance or sanction results from\nthe failure of the social services district to comply with federal or\nstate requirements, including, but not limited to, failure to document\neligibility for the federal or state funds in the case record. To the\nextent that the social services district has sufficient claims other\nthan those that are subject to disallowance or sanction to draw down the\nfull annual appropriation, such disallowance or sanction shall not\nresult in a reduction in payment of state funds to the district unless\nthe district requests that the department use a portion of the\nappropriation toward meeting the district's responsibility to repay the\nfederal government for the disallowance or sanction and any related\ninterest payments.\n  (h) Rates for residential services. (i) The office shall establish the\nrates, in accordance with section three hundred ninety-eight-a of this\nchapter, for any non-secure facilities established under an approved\njuvenile justice services close to home initiative. For any such\nnon-secure facility that will be used primarily by the social services\ndistrict with an approved close to home initiative, final authority for\nestablishment of such rates and any adjustments thereto shall reside\nwith the office, but such rates and any adjustments thereto shall be\nestablished only upon the request of, and in consultation with, such\nsocial services district.\n  (ii) A social services district with an approved juvenile justice\nservices close to home initiative for juvenile delinquents placed in\nlimited secure settings shall have the authority to establish and\nadjust, on an annual or regular basis, maintenance rates for limited\nsecure facilities providing residential services under such initiative.\nSuch rates shall not be subject to the provisions of section three\nhundred ninety-eight-a of this chapter but shall be subject to maximum\ncost limits established by the office of children and family services.\n  9. Upon approval of a social services district's plan, the office of\nchildren and family services shall notify the supervising family court\njudge responsible for the family courts serving such district of the\neffective date and placement settings covered by the plan.\n  (a) Beginning on the effective date of a district's approved plan that\nonly covers juvenile delinquents placed in non-secure settings, a family\ncourt judge serving in a county where such social services district is\nlocated shall only be authorized to place an adjudicated juvenile\ndelinquent in the custody of the commissioner of the office of children\nand family services for placement in a secure or limited secure facility\npursuant to section 353.3 or 353.5 of the family court act.\n  (b) Beginning on the effective date of a district's approved plan to\nimplement programs for juvenile delinquents placed in limited secure\nsettings, a family court judge serving in a county where such social\nservices district is located shall only be authorized to place an\nadjudicated juvenile delinquent in the custody of the commissioner of\nthe office of children and family services for placement in a secure\nfacility pursuant to section 353.3 or 353.5 of the family court act.\n  10. If the social services district receives the necessary approval to\nimplement a close to home initiative, the district shall implement the\ninitiative in accordance with all applicable federal and state laws and\nregulations. If the social services district receives the necessary\napproval of a plan for juvenile delinquents placed in limited secure\nsettings, the office shall promulgate regulations governing the\noperation of such limited secure facilities. If such regulations are not\nadopted prior to the date that an authorized agency applies for a\nlicense to operate such a facility, the facility shall be subject to the\nexisting regulations of the office that would apply to the operation of\na foster care facility of the same size; provided, however, that the\noffice shall be authorized to grant an exception to the authorized\nagency, until such limited secure regulations are adopted, to any such\nexisting regulation that the office determines would impede the ability\nof the authorized agency to provide the restrictive setting and programs\nnecessary to serve youth who need placement in a limited secure setting\nin accordance with the approved plan. Any limited secure facility that\nis granted such a waiver shall comply with any alternate requirements\nthe office may consider necessary for the protection of the health or\nsafety of the juvenile delinquents in the facility or the surrounding\ncommunity. The office shall take all reasonable steps available to\nfinalize the adoption of regulations governing the operation of such\nlimited secure facilities no later than six months after it issues the\nfirst license for a program to provide services to juvenile delinquents\nplaced in limited secure settings but in no event shall such regulations\nbe adopted on an emergency basis.\n  (a) The initiative shall be subject to the office of children and\nfamily services' ongoing oversight and monitoring including, but not\nlimited to: case record reviews; staff, family, and client interviews;\non-site inspections; review of data regarding provider performance,\nyouth and staff safety, and quality of care, which must be provided to\nthe office in order to carry out its responsibilities, in the form and\nmanner and at such times as required by the office; and continued\nlicensing and monitoring of the authorized agencies providing services\nunder the plan pursuant to this chapter.\n  (b) The social services district shall provide each juvenile\ndelinquent with an appropriate level of services designed to meet his or\nher individual needs and to enhance public safety and shall provide the\noffice of children and family services with specific information as\nrequired by the office, in the format and at such times as required by\nsuch office, on the youth participating in the initiative and the\nprograms serving such youth. Such information shall be provided to the\noffice of children and family services on a monthly basis for the first\ntwelve months immediately following the implementation of the programs\nfor each level of care and shall be provided to such office on a\nquarterly basis thereafter.\n  11. The social services district shall submit an annual report to the\noffice of children and family services, the temporary president of the\nsenate and the speaker of the assembly, in the format required by such\noffice, detailing overall initiative performance. Such report shall\ninclude, but not be limited to:\n  (a) number of juvenile delinquents placed with the local social\nservices district;\n  (b) number of juvenile delinquents placed in a non-secure facility\nwith the social services district;\n  (c) number of juvenile delinquents placed in a limited secure facility\nwith the social services district, as applicable;\n  (d) demographic information about juvenile delinquents in care;\n  (e) number of specialized beds in each category of specialized\nprogram;\n  (f) number and nature of incident reports;\n  (g) number of juvenile delinquents absent without leave per facility;\n  (h) average length of stay;\n  (i) number of conditionally released juvenile delinquents;\n  (j) number of discharged juvenile delinquents who are subsequently\nplaced with the district;\n  (k) number and nature of corrective action plans and resolutions;\n  (l) number of juvenile delinquents transferred between facilities,\nincluding the number of juvenile delinquents transferred between\nnon-secure and limited-secure facilities, as applicable; and\n  (m) number of petitions filed to transfer juvenile delinquents between\nthe custody of the office and the social services district.\n  12. If the office of children and family services determines that the\nsocial services district is failing to adequately provide for the\njuvenile delinquents placed under an approved plan, such office may\nrequire the social services district to submit a corrective action plan,\nfor such office's approval, demonstrating how it will rectify the\ninadequacies in the time specified by the office, but no later than\nthirty days from such request. If the office determines that the social\nservices district is failing to make sufficient progress towards\nimplementing the corrective action plan in the time and manner approved\nby the office but no later than sixty days from the date of submission\nof the corrective action plan, the office shall provide the district\nwritten notice of such determination and the basis therefor, and mandate\nthat the district take all necessary actions to implement the plan. If a\ndistrict has failed, within a reasonable time thereafter as specified by\nthe office based on the nature of the failure, which shall in no event\nexceed sixty days, to make progress implementing any regulation, or any\nother portion of such plan that is intended to prevent imminent danger\nto the health, safety or welfare of the youth being served under the\nplan, the office may withhold or set aside a portion of the funding due\nunder subdivision eight of this section until the district demonstrates\nthat sufficient progress is being made; or terminate the district's\nauthority to operate all or a portion of the juvenile justice services\nclose to home initiative, take all necessary steps to assume custody\nfor, and provide services to, the applicable juvenile delinquents being\nserved under the initiative, and discontinue funds provided to the\ndistrict for such services. The office shall not withhold, set aside or\ndiscontinue state aid to a district until written notice is given to the\ncommissioner of the district, and in the event funding is withheld, set\naside or discontinued, the district may appeal to the office, which\nshall hold a fair hearing thereon in accordance with the provisions of\nsection twenty-two of this chapter relating to fair hearings. The\ndistrict may institute a proceeding for a review of the determination of\nthe office following the fair hearing pursuant to article seventy-eight\nof the civil practice law and rules. Any funds withheld, set aside or\ndiscontinued pursuant to this provision shall be applied to address the\nproblem which was the basis for such sanction. If the office terminates\na district's authority to operate any portion of a juvenile justice\nservices close to home initiative in accordance with this subdivision,\nthe office shall notify the supervising family court judge responsible\nfor the family courts serving such district of such termination and the\neffective date of such termination.\n  13. Once a plan becomes operative pursuant to this section, the social\nservices district shall carry out the following functions, powers and\nduties with respect to placements of juvenile delinquents in accordance\nwith the provisions of such plan and all applicable federal and state\nlaws and regulations:\n  (a) to enter into contracts with authorized agencies, as defined in\nsection three hundred seventy-one of this chapter, to operate and\nmaintain facilities authorized under such plan; such contracts may\ninclude such program requirements as deemed necessary by the district;\n  (b) to determine the particular facility or program in which a\njuvenile delinquent placed with the district shall be cared for, based\nupon any applicable court order, pursuant to subdivision two of section\n353.3 of the family court act, and an evaluation of such juvenile\ndelinquent;\n  (c) to transfer a juvenile delinquent from one facility to any other\nfacility, when the interests of such juvenile delinquent require such\naction, upon prior notice to the respondent, the attorney for the\nrespondent and the respondent's parent or legal guardian, unless an\nimmediate change of placement is necessary, in which case such notice\nshall be transmitted on the next business day; provided that, if the\ndistrict has an approved plan to implement services for juvenile\ndelinquents placed in limited secure settings, a juvenile delinquent\ntransferred to a non-secure facility from a limited secure facility may\nbe returned to a limited secure facility upon a determination by the\ndistrict that, for any reason, care and treatment at the non-secure\nfacility is no longer suitable;\n  (d) to cause a juvenile delinquent under the jurisdiction of the\ndistrict who has run away from a facility run by the district or an\nauthorized agency; or is conditionally released and has violated a\ncondition of release therefrom, or if there is a change in circumstances\nand the district determines that it would be consistent with the needs\nand best interests of said juvenile delinquent and the need to protect\nthe community; to be apprehended and returned to the district, detention\nfacility, authorized agency, or program pursuant to regulations of the\noffice of children and family services; provided further that:\n  (i) a social services official shall give immediate written notice to\nboth the office and the family court when any juvenile delinquent placed\nwith the social services district is absent from such placement without\nconsent;\n  (ii) an authorized agency shall give immediate written notice to the\noffice, the district and the family court when any juvenile delinquent\nplaced by the district for care in such authorized agency is absent from\nsuch placement without consent;\n  (iii) a magistrate may cause a runaway or conditionally released\njuvenile delinquent to be held in custody until returned to the\ndistrict;\n  (e) to issue a warrant for the apprehension and return of a juvenile\ndelinquent under the jurisdiction of the district who has run away from\na facility run by the district or an authorized agency; or is\nconditionally released and has violated a condition of release\ntherefrom, or if there is a change in circumstances and the district\ndetermines that it would be consistent with the needs and best interest\nof said juvenile delinquent and the need to protect the community;\npursuant to regulations of the office of children and family services;\nprovided that:\n  (i) a social services official, pursuant to the regulations of the\noffice of children and family services, shall issue a warrant directed\ngenerally to any peace officer, acting pursuant to such officer's\nspecial duties, or police officer in the state for the apprehension and\nreturn of any runaway or conditionally released juvenile delinquent\nunder the jurisdiction of the district and such warrant shall be\nexecuted by any peace officer, acting pursuant to such officer's special\nduties, or police officer to whom it may be delivered; the social\nservices district also shall provide relevant law enforcement agencies\nwithin forty-eight hours with any photographs of any runaway or\nconditionally released juvenile delinquent for whom a warrant is issued,\ntogether with any pertinent information relative to such juvenile\ndelinquent; such photographs shall remain the property of the social\nservices district and shall be kept confidential for use solely in the\napprehension of such juvenile delinquent and shall be returned promptly\nto the district upon apprehension of such juvenile delinquent, or upon\nthe demand of the district;\n  (f) to authorize an employee designated by the social services\ndistrict, without a warrant, to apprehend a runaway or conditionally\nreleased juvenile delinquent under the jurisdiction of the district who\nhas run away from a facility run by the district or an authorized\nagency; or is conditionally released and has violated a condition of\nrelease therefrom, or if there is a change in circumstances and the\ndistrict determines that it would be consistent with the needs and best\ninterests of said juvenile delinquent and the need to protect the\ncommunity; in any county in this state whose return has been ordered by\nthe district pursuant to the regulations of the office, and return said\njuvenile delinquent to any appropriate social services district,\ndetention facility, authorized agency or program;\n  (g) pursuant to the regulations of the office of children and family\nservices, to develop and operate programs for youth placed or referred\nto the district or in conjunction with an order provided in accordance\nwith section 353.6 of the family court act;\n  (h) upon the placement of any juvenile delinquent eighteen years of\nage or older, or upon the eighteenth birthday of any youth placed in the\ncustody of the social services district for an adjudication of juvenile\ndelinquency for having committed an act which if committed by an adult\nwould constitute a felony, and still in the custody of the social\nservices district, to notify the division of criminal justice services\nof such placement or birthday. Provided, however, in the case of a youth\neleven or twelve years of age at the time the act or acts were\ncommitted, the division of criminal justice services shall not be\nprovided with the youth's name, unless the acts committed by such youth\nwould constitute a class A or B felony. Upon the subsequent discharge it\nshall be the duty of the social services district to notify the division\nof criminal justice services of that fact and the date of discharge. For\nthe purposes of this paragraph, a youth's age shall be determined to be\nthe age stated in the placement order;\n  (i) to provide juvenile delinquents in residential placements with\nreasonable and appropriate visitation by family members and consultation\nwith their legal representative in accordance with the regulations of\nthe office of children and family services; and\n  (j) to provide residential care in programs subject to the regulations\nof the office of children and family services, for infants born to or\nbeing nursed by female juvenile delinquents placed with the district;\nresidential care for such an infant may be provided for such period of\ntime as is deemed desirable for the welfare of the mother or infant.\n  14. The following persons shall be authorized to visit, at their\npleasure, all programs operated by a social services district pursuant\nto, or in accordance with this section: the governor; lieutenant\ngovernor; comptroller; attorney general; members of the legislature;\njudges of the court of appeals; judges from supreme court, family court\nand county courts and district attorneys, county attorneys and attorneys\nemployed in the office of the corporation counsel having jurisdiction\nwithin the applicable social services district or county where a program\nis located; and any person or agency otherwise authorized by statute.\n  15. A juvenile delinquent in the care of the social services district\nwho attends public school while in residence at a facility shall be\ndeemed a resident of the school district where the youth's parent or\nguardian resides at the commencement of each school year for the purpose\nof determining which school district shall be responsible for the\nyouth's tuition.\n  16. The social services district shall be permitted to appear as\namicus in any action involving an appeal from a decision of any court of\nthis state that relates to programs, conditions or services provided by\nsuch district or any authorized agency with which the district has\nplaced a juvenile delinquent pursuant to this section. Written notice\nshall be given by the corporation counsel of the city of New York, or\ncounty attorney, as applicable, to the parties to the appeal when such\namicus status is requested.\n  17. Notwithstanding any provision of law to the contrary, the social\nservices district may delay acceptance of a juvenile delinquent in\ndetention who is placed in the district's custody in accordance with the\nregulations of the office of children and family services; provided,\nhowever, that where the juvenile delinquent is in detention, such delay\nmay not exceed fifteen days from the date the placement was made except\nas provided for in subdivision three of section three hundred\nninety-eight of this article.\n  18. No order that places a juvenile delinquent in the custody of the\nsocial services district that recites the facts upon which it is based\nshall be deemed or held to be invalid by reason of any imperfection or\ndefect in form.\n  * NB Repealed March 31, 2028\n
N.Y. EDN Law § 1724 — New York Code / Act EDN / Title 2 / Article 35 / Section 1724
Form and audit of claims
Status: in_force

§ 1724. Form and audit of claims. 1. No claim against a central school\ndistrict or a union free school district, except for compensation for\nservices of an officer or employee engaged at agreed wages by the hour,\nday, week, month or year or for the principal of or interest on\nindebtedness of the district, shall be paid unless an itemized voucher\ntherefor approved by the officer whose action gave rise or origin to the\nclaim, shall have been presented to the board of education of the\ndistrict and shall have been audited and allowed. The board of education\nshall be authorized, but not required, to prescribe the form of such\nvoucher.\n  2. The board of education, in considering any claim, may require any\nperson presenting the same to be sworn before it or before any member\nthereof and to give testimony relative to the justness and accuracy of\nsuch claim, and may take evidence and examine witnesses under oath in\nrespect to the claim, and for that purpose may issue subpoenas for the\nattendance of witnesses. When a claim has been finally audited by the\nboard of education the clerk of such board shall endorse or attach a\ncertificate of such audit upon the claim or upon an abstract on which\nsuch claims are listed and file the same as a public record in his\noffice. When any claim has been so audited and a certificate thereof so\nfiled, the clerk of the board of education shall draw a warrant\nspecifying the name of the claimant, the amount allowed and the fund,\nfunction and object chargeable therewith and such other information as\nmay be deemed necessary and essential, directed to the treasurer of the\ndistrict, authorizing and directing him to pay to the claimant the\namount allowed upon his claim. A copy of such warrant shall be filed in\nthe office of the clerk.\n  3. The board of education may by resolution authorize the payment in\nadvance of audit of claims for public utility services, postage, freight\nand express charges. All such claims shall be presented at the next\nregular meeting for audit, and the claimant and the officer incurring or\napproving the same shall be jointly and severally liable for any amount\ndisallowed by the board of education.\n  As used in this subdivision, the term public utility services shall\nmean electric, gas, water, sewer and telephone services.\n
N.Y. PML Law § 1310 — New York Code / Act PML / Article 13 / Title 2 / Section 1310
Development zones and regions
Status: in_force

§ 1310. Development zones and regions. 1. There are hereby created two\ndevelopment zones to be known as the zone one and zone two. Zone one\nshall include the city of New York and the counties of Nassau, Putnam,\nRockland, Suffolk and Westchester. Zone two shall include all the other\ncounties of the state.\n  2. Each zone shall be divided into development regions. (a) The three\ndevelopment regions in zone one shall be comprised of the following\ncounties:\n  (1) Region one shall consist of Putnam, Rockland and Westchester\ncounties;\n  (2) Region two shall consist of Bronx, Kings, New York, Queens and\nRichmond counties; and\n  (3) Region three shall consist of Nassau and Suffolk counties.\n  (b) The six development regions in zone two shall be comprised of the\nfollowing counties:\n  (1) Region one shall consist of Columbia, Delaware, Dutchess, Greene,\nOrange, Sullivan and Ulster counties;\n  (2) Region two shall consist of Albany, Fulton, Montgomery,\nRensselaer, Saratoga, Schenectady, Schoharie and Washington counties.\n  (3) Region three shall consist of Clinton, Essex, Franklin, Hamilton,\nJefferson, Saint Lawrence and Warren counties;\n  (4) Region four shall consist of Cayuga, Chenango, Cortland, Herkimer,\nLewis, Madison, Oneida, Onondaga, Oswego and Otsego counties;\n  (5) Region five shall consist of Broome, Chemung (east of State Route\n14), Schuyler (east of State Route 14), Seneca, Tioga, Tompkins, and\nWayne (east of State Route 14) counties; and\n  (6) Region six shall consist of Allegany, Cattaraugus, Chautauqua,\nChemung (west of State Route 14), Erie, Genesee, Livingston, Monroe,\nNiagara, Ontario, Orleans, Schuyler (west of State Route 14), Steuben,\nWayne (west of State Route 14), Wyoming, and Yates counties.\n
N.Y. VAT Law § 220 — New York Code / Act VAT / Title 2 / Article 2 / Section 220
Exemptions for safety equipment
Status: in_force

§ 220. Exemptions for safety equipment. (1) Notwithstanding any other\nprovision of this chapter or other law, whether general, special or\nlocal, the commissioner may permit the installation and use of any item\nof equipment which he, in his discretion, determines will either reduce\naccidents, injuries and fatalities, or otherwise contribute to highway\nsafety.\n  (2) Where an exemption is granted pursuant to the provisions of\nsubdivision one, the commissioner may, by regulation, establish\nstandards for the manufacture and use of any equipment for which the\nexemption is granted.\n
N.Y. RPT Law § 530 — New York Code / Act RPT / Article 5 / Title 2 / Section 530
Construction of terms
Status: in_force

§ 530. Construction of terms. As used in this title:\n  1. "Taxes" and "taxation" shall include special ad valorem levies.\n  2. "Lands" and "state lands" shall, include conservation easements\ncreated pursuant to title three of article forty-nine of the\nenvironmental conservation law within the Adirondack or Catskill parks,\nas those areas are defined in such law and common law easements on land\nwithin the Adirondack or Catskill parks created for conservation\npurposes and such easements on lands within the watershed of Hemlock and\nCanadice lakes in the towns of Livonia, Conesus, West Sparta and\nSpringwater in Livingston county, the towns of Canadice and Richmond in\nOntario county and the town of Wayland in Steuben county. "Lands" and\n"state lands" shall in no event include lands used by the state for\nhighway or parkway purposes or lands acquired for such purposes though\nnot in actual use therefor if construction of a highway or parkway\nthereon is in good faith contemplated.\n  3. Notwithstanding any other provision of law, for purposes of\nparagraph j of section five hundred thirty-two of this title, the term\n"taxation" shall be construed to include special assessments.\n
N.Y. EDN Law § 2590-O — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-O
Educational facilities master plan
Status: in_force

* § 2590-o. Educational facilities master plan. 1. In accordance with\nthe schedule set forth in subdivision two of this section, the\nchancellor shall prepare an educational facilities master plan to take\neffect on July first, nineteen hundred eighty-nine, which shall set\nforth all the actions necessary to restore the city's educational\nfacilities to a state of good repair by January first, two thousand. The\nplan shall (i) set forth the minimum acceptable standards for each type\nof educational facility and the number and identity to the extent\nascertainable of facilities of each such type that the chancellor\nbelieves do not currently meet such minimum standards, (ii) identify\nthose facility defects and shortcomings that most seriously impede\nlearning and teaching, (iii) describe the remedial measures proposed to\nbe taken, (iv) establish priorities for their initiation and completion,\nincluding a list of prioritized projects to the extent ascertainable and\n(v) list each proposed new educational facility and set forth a\njustification, including demographic data, documenting the longterm need\ntherefor. In addition, the master plan shall include an estimate of its\ncost and such other information as the chancellor shall determine.\n  2. No later than January sixth, nineteen hundred eighty-nine, the\nchancellor shall, in conjunction with the submission of the five-year\neducational facilities capital plan required by section twenty-five\nhundred ninety-p of this chapter, submit the master plan to each\ncommunity school board, which shall conduct a public hearing on both the\neducational facilities master plan and the five-year educational\nfacilities capital plan and shall prepare and submit recommendations to\nthe chancellor on or before February twentieth, nineteen hundred\neighty-nine with respect to matters in the plans that involve that\nschool district. The chancellor shall consider the recommendations\nreceived from the community school boards, and, on or before March\neighth, nineteen hundred eighty-nine, shall submit a final educational\nfacilities master plan to the city board for its approval. On or before\nMarch twenty-second, nineteen hundred eighty-nine, the city board shall\napprove the educational facilities master plan submitted by the\nchancellor or such plan as is determined by the city board.\n  ** 3. No later than January first, nineteen hundred ninety-three, the\nchancellor shall prepare and submit a preliminary proposed revision to\nthe educational facilities master plan to the city board and to each\ncommunity school board. This proposed revision shall reflect the\nprogress achieved during the first three years of the master plan and\nshall incorporate such changes to the master plan as the chancellor\ndeems necessary. Each such community school board shall conduct a public\nhearing and shall prepare and submit recommendations to the chancellor\non or before March first, nineteen hundred ninety-three with respect to\nmatters in the plan that involve that school district. The chancellor\nshall consider the recommendations received from the community school\nboards, and, on or before April first, nineteen hundred ninety-three,\nshall submit a final proposed revision to the master plan to the city\nboard for its approval. On or before May first of such year, the city\nboard shall approve the revision to the educational facilities master\nplan submitted by the chancellor.\n  ** NB Effective until June 30, 2028\n  ** 3. No later than January first, nineteen hundred ninety-three, the\nchancellor shall prepare and submit a preliminary proposed revision to\nthe educational facilities master plan to the city board and to each\ncommunity school board. This proposed revision shall reflect the\nprogress achieved during the first three years of the master plan and\nshall incorporate such changes to the master plan as the chancellor\ndeems necessary. Each such community school board shall conduct a public\nhearing and shall prepare and submit recommendations to the chancellor\non or before March first, nineteen hundred ninety-three with respect to\nmatters in the plan that involve that school district. The chancellor\nshall consider the recommendations received from the community school\nboards, and, on or before April first, nineteen hundred ninety-three,\nshall submit a final proposed revision to the master plan to the city\nboard for its approval. On or before May first of such year, the city\nboard shall approve the revision to the educational facilities master\nplan submitted by the chancellor or such plan as is determined by the\ncity board.\n  ** NB Effective June 30, 2028\n  * NB There are 2 § 2590-o's\n
N.Y. PBA Law § 1369 — New York Code / Act PBA / Article 6 / Title 2 / Section 1369
Bond legal investments
Status: in_force

§ 1369. Bond legal investments. The bonds of the authority are hereby\nmade securities in which all public officers and bodies of the state of\nNew York and all municipalities and municipal subdivisions thereof, all\ninsurance companies and associations and other persons carrying on an\ninsurance business, all banks, bankers, trust companies, savings banks\nand savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons,\nexcept as hereinafter provided, who are now, or may hereafter be,\nauthorized to invest in bonds or other obligations of the state, may\nproperly and legally invest funds, including capital, in their control\nor belonging to them, provided that, notwithstanding the provisions of\nany other general or special law to the contrary, the bonds shall not be\neligible for the investment of funds, including capital, of trusts,\nestates or guardianships under the control of individual administrators,\nguardians, executors, trustees and other individual fiduciaries. The\nbonds are also hereby made securities which may be deposited with and\nmay be received by all public officers and bodies of the state of New\nYork and all municipalities and municipal subdivisions thereof for any\npurpose for which the deposit of bonds or other obligations of the state\nis now, or may hereafter be, authorized.\n
N.Y. ELN Law § 14-204 — New York Code / Act ELN / Article 14 / Title 2 / Section 14-204
Limits on public financing
Status: in_force

§ 14-204. Limits on public financing. The following limitations apply\nto the total amounts of public funds that may be provided to a\nparticipating candidate's authorized committee for an election cycle:\n  1. In any primary election, receipt of public funds by participating\ncandidates and by their participating committees shall not exceed:\n  (a) for Governor and Lieutenant Governor (combined)          $3,500,000\n  (b) for Attorney General or Comptroller                      $3,500,000\n  (c) for State Senator                                        $375,000\n  (d) for Member of the Assembly                               $175,000\n  2. In any general or special election, receipt of public funds by a\nparticipating candidate's authorized committees shall not exceed:\n  (a) for Governor and Lieutenant Governor (combined)          $3,500,000\n  (b) for Attorney General                                     $3,500,000\n  (c) for Comptroller                                          $3,500,000\n  (d) for State Senator                                        $375,000\n  (e) for Member of the Assembly                               $175,000\n  3. No participating candidate for nomination for an office who is not\nopposed by a candidate on the ballot in a primary election shall be\nentitled to payment of public matching funds, except that, where there\nis a contest in such primary election for the nomination of at least one\nof the two political parties with the highest and second highest number\nof enrolled members for such office, a participating candidate who is\nunopposed in the primary election may receive public funds before the\nprimary election, for expenses incurred on or before the date of such\nprimary election, in an amount equal to up to half the sum set forth in\nparagraph one of this section.\n  4. Nothing in this section shall be construed to limit the amount of\nprivate funds a candidate may receive subject to the contribution limits\ncontained in section 14-114 of this article. Any contributions so\nreceived which are not expended in the general election may be applied\nto the next covered election for an office for which such candidate\nseeks nomination or election.\n  5. A candidate only on the ballot in one or more primary elections in\nwhich the number of persons eligible to vote for party nominees in each\nsuch election totals fewer than one thousand shall not receive public\nfunds in excess of five thousand dollars for qualified campaign\nexpenditures in such election or elections; provided, however, such\ncandidate may receive up to five thousand dollars per each additional\none thousand voters over the first one thousand voters but shall not\nreceive public funds in excess of fifteen thousand dollars total for\nqualified campaign expenditures in such election or elections. For the\npurposes of this section, the number of persons eligible to vote for\nparty nominees in a primary election shall be as determined by the state\nboard of elections for the calendar year of the primary election. A\ncandidate for office on the ballot in more than one primary for such\noffice, shall be deemed, for purposes of this recommendation, to be a\nsingle candidate.\n
N.Y. EXC Law § 507-A — New York Code / Act EXC / Article 19-G / Title 2 / Section 507-A
Placement and commitment; procedures
Status: in_force

§ 507-a. Placement and commitment; procedures. 1. Youth may be placed\nin or committed to the custody of the division:\n  (a) for placement, as a juvenile delinquent pursuant to the family\ncourt act; or\n  (b) for commitment pursuant to the penal law.\n  2. (a) Consistent with other provisions of law, only those youth who\nhave reached the age of twelve but who have not reached the age of\ntwenty-one, unless such youth is over the age of seven and less than\ntwelve years of age and has been adjudicated a juvenile delinquent\npursuant to subparagraph (iii) of paragraph (a) of subdivision one of\nsection 301.2 of the family court act, may be placed in the custody of\nthe office of children and family services. Except as provided for in\nparagraph (a-1) of this subdivision, no youth who has reached the age of\ntwenty-one may remain in custody of the office of children and family\nservices.\n  (a-1) (i) A youth who is committed to the office of children and\nfamily services as a juvenile offender or a juvenile offender\nadjudicated as a youthful offender may remain in the custody of the\noffice during the period of his or her sentence beyond the age of\ntwenty-one in accordance with the provisions of subdivision five of\nsection five hundred eight of this title but in no event may such a\nyouth remain in the custody of the office beyond his or her twenty-third\nbirthday; and (ii) a youth found to have committed a designated class A\nfelony act who is restrictively placed with the office under subdivision\nfour of section 353.5 of the family court act for committing an act on\nor after the youth's sixteenth birthday may remain in the custody of the\noffice of children and family services up to the age of twenty-three in\naccordance with his or her placement order.\n  (a-2) Whenever it shall appear to the satisfaction of the office of\nchildren and family services that any youth placed therewith is not of\nproper age to be so placed or is not properly placed, or is mentally or\nphysically incapable of being materially benefited by the program of the\noffice, the office shall cause the return of such youth to the county\nfrom which placement was made.\n  (b) The division shall deliver such youth to the custody of the\nplacing court, along with the records provided to the division pursuant\nto section five hundred seven-b of this article, there to be dealt with\nby the court in all respects as though no placement had been made.\n  (c) The cost and expense of the care and return of such youth incurred\nby the division shall be reimbursed to the state by the social services\ndistrict from which such youth was placed in the manner provided by\nsection five hundred twenty-nine of this article.\n  3. The division may photograph any youth in its custody. Such\nphotograph may be used only for the purpose of assisting in the return\nof conditionally released children and runaways pursuant to section five\nhundred ten-b of this article. Such photograph shall be destroyed\nimmediately upon the discharge of the youth from division custody.\n  4. (a) A youth placed with or committed to the division may,\nimmediately following placement or commitment, be remanded to an\nappropriate detention facility.\n  (b) The office of children and family services shall admit a child\nplaced with the office to a facility of the office within fifteen days\nof the date of the order of placement with the office and shall admit a\njuvenile offender, youthful offender or adolescent offender committed to\nthe office to a facility of the office within ten days of the date of\nthe order of commitment to the office, except as provided in section\nfive hundred seven-b of this article.\n  5. Consistent with other provisions of law, in the discretion of the\ncommissioner of the office of children and family services, youth placed\nwithin the office under the family court act who attain the age of\neighteen while in custody of the office and who are not required to\nremain in the placement with the office as a result of a dispositional\norder of the family court may reside in a placement in an authorized\nagency or a non-secure facility until the age of twenty-one, provided\nthat such youth attend a full-time vocational or educational program and\nare likely to benefit from such program.\n
N.Y. MDW Law § 234 — New York Code / Act MDW / Article 7 / Title 2 / Section 234
Stairs and public halls
Status: in_force

§ 234. Stairs and public halls. 1. In every tenement erected after\nApril eighteenth, nineteen hundred twelve, all stairs shall extend from\nthe entrance story to the roof, except as otherwise provided in section\ntwo hundred thirty-three, and the stairs and public halls shall each be\nat least three feet in clear width. Every apartment in such a tenement\nshall be directly accessible at each story to such stairs and public\nhalls, and every story of such apartment shall be so accessible to such\na stair and public hall or to a tower fire-escape or stairway, as\nprovided in this section and sections two hundred thirty-five to two\nhundred thirty-nine inclusive.\n  2. In every tenement erected after April twelfth, nineteen hundred\none, except as provided in paragraph b of subdivision two of section two\nhundred thirty-eight, all stairs and public halls shall be completely\nseparated from all other stairs and from every elevator by brick walls\nor partitions of terra cotta blocks at least four inches thick, or\nhollow cement blocks at least four inches thick which have successfully\nwithstood a three-hour standard fire test and been approved by the\ndepartment and have fireproof doors and assemblies with the doors\nself-closing at all openings. From any portion of a public hall in such\na tenement there may be a recess which shall not be deemed a public hall\nif the walls, floor and ceilings enclosing it are fire-retarded and such\nrecess is at all times adequately lighted by electric lights of at least\nfifteen watts or equivalent illumination. Such a recess shall not be\nmore than twenty feet long and shall not be used as a means of egress\nfrom more than three apartments.\n
N.Y. EDN Law § 1702 — New York Code / Act EDN / Title 2 / Article 35 / Section 1702
Board of education; election; terms of office
Status: in_force

§ 1702. Board of education; election; terms of office. 1. Whenever a\nunion free school district shall be established, pursuant to the\nprovisions of subdivision three of section fifteen hundred four of this\nchapter, or, pursuant to the provisions of sections fifteen hundred\ntwenty-two and fifteen hundred twenty-three of this chapter, it shall be\nthe duty of the meeting at which such union free school district is\nestablished to elect by ballot not less than three nor more than nine\ntrustees, who shall, by the order of such meeting, be divided into a\nsufficient number of classes so that as nearly as possible an equal\nnumber of members shall be elected to the board each year, based upon a\nnormal term of three, four or five years, as such meeting may determine.\nThereafter there shall be elected in such districts, at the annual\nmeeting, trustees to take the places of those whose terms of office\nexpire. Such successors shall be elected to serve for a full term of\nthree, four or five years, as the case may be.\n  2. The trustees thus elected, shall enter at once upon their offices,\nand the office of any existing trustees in such districts, before the\nestablishment of a union free school district therein, shall cease,\nexcept for the purposes stated in section fifteen hundred eighteen of\nthis chapter. The said trustees and their successors in office shall\nconstitute the board of education of the union free school district thus\nestablished.\n  3. Each union free school district that operates a high school shall\nestablish a process for designating at least one student as an ex\nofficio member pursuant to paragraph c of this subdivision. If, prior to\nAugust fifth, two thousand three, a school district had a policy that\nallowed a student or students to be ex officio members of the school\nboard, such policy shall be deemed to meet the requirements of this\nsubdivision and shall be deemed to have full legal effect. In any\ndistrict that contains more than one high school, such process shall\ntake into consideration the number of high schools within the district\nand provide for a mechanism which allows for fair representation among\nthe schools. Such school district shall allow such selected student or\nstudents to serve as ex officio members of such district's board of\neducation and provided further that:\n  a. The ex officio student members of the board shall be entitled to\nsit with board members at all public meetings and hearings of the board\nand may participate in other board activities and responsibilities at\nthe discretion of the board.\n  b. The ex officio student members shall not be allowed to vote, shall\nnot be allowed to attend executive session or any other meetings or\nhearings not open to the public, and shall not be entitled to receive\ncompensation of any form for participating at board meetings.\n  c. Notwithstanding any other law to the contrary, the ex officio\nstudent members of the board may be any of the following: the student\nthat has been duly elected as student president of the high school; a\nstudent duly elected by the student body; a student selected by the high\nschool student government; a student selected by the high school\nprincipal; a student selected by the superintendent of schools; a\nstudent selected by majority vote of the school board.\n  d. The ex officio student members shall have attended such high school\nfor at least one year prior to selection.\n
N.Y. RPT Law § 421-M — New York Code / Act RPT / Article 4 / Title 2 / Section 421-M
Exemption of certain new or substantially rehabilitated multiple dwellings from local taxation
Status: in_force

§ 421-m. Exemption of certain new or substantially rehabilitated\nmultiple dwellings from local taxation. 1. (a) A city, town or village\nmay, by local law, provide for the exemption of multiple dwellings\nconstructed or substantially rehabilitated in a benefit area designated\nin such local law from taxation and special ad valorem levies, but not\nspecial assessments, as provided in this section. Subsequent to the\nadoption of such a local law, any other municipal corporation in which\nthe designated benefit area is located may likewise exempt such property\nfrom its taxation and special ad valorem levies by local law, or in the\ncase of a school district, by resolution.\n  (b) As used in this section, the term "benefit area" means the area\nwithin a city, town or village, designated by local law, to which an\nexemption, established pursuant to this section, applies.\n  (c) The term "substantial rehabilitation" means all work necessary to\nbring a property into compliance with all applicable laws and\nregulations including but not limited to the installation, replacement\nor repair of heating, plumbing, electrical and related systems and the\nelimination of all hazardous and immediately hazardous violations in the\nstructure in accordance with state and local laws and regulations of\nstate and local agencies. Substantial rehabilitation may also include\nreconstruction or work to improve the habitability or prolong the useful\nlife of the property; provided substantial rehabilitation shall not\ninclude ordinary maintenance or repair.\n  (d) The term "multiple dwelling" means a dwelling, other than a hotel,\nwhich is to be occupied or is occupied as the residence or home of three\nor more families living independently of one another, whether such\ndwelling is rented or owned as a cooperative or condominium.\n  2. (a) Eligible new or substantially rehabilitated multiple dwellings\nin a designated benefit area shall be exempt according to the following\nschedule:\n          CONSTRUCTION OR SUBSTANTIAL REHABILITATION OF CERTAIN\n                           MULTIPLE DWELLINGS\nDuring construction or                  Exemption\nsubstantial rehabilitation (maximum\nthree years)                            100%\nFollowing completion of work year:\n1 through 12                            100%\n13-14                                   80%\n15-16                                   60%\n17-18                                   40%\n19-20                                   20%\n  (b) Provided that taxes shall be paid during any such period at least\nin the amount of the taxes paid on such land and any improvements\nthereon during the tax year preceding the commencement of such\nexemption.  Provided further that no other exemption may be granted\nconcurrently to the same improvements under any other section of law.\n  3. To be eligible for exemption under this section:\n  (a) Such construction or substantial rehabilitation shall take place\non vacant, predominantly vacant or under-utilized land, or on land\nimproved with a non-conforming use or on land containing one or more\nsubstandard or structurally unsound dwellings, or a dwelling that has\nbeen certified as unsanitary by the local health agency.\n  (b) Such construction or substantial rehabilitation was commenced on\nor after the effective date of the local law, ordinance or resolution\ndescribed in subdivision one of this section, but no later than June\nfifteenth, two thousand nineteen.\n  (c) At least twenty percent of the units shall be affordable to\nindividuals or families of low and moderate income whose incomes at the\ntime of initial occupancy do not exceed ninety percent of the area\nmedian income adjusted for family size and the individual or family\nshall pay in rent or monthly carrying charges no more than thirty\npercent of their adjusted gross income as reported in their federal\nincome tax return, or would be reported if such return were required,\nless such personal exemptions and deductions and medical expenses as are\nactually taken by the taxpayer, as verified according to procedures\nestablished by the state division of housing and community renewal. Such\nprocedures shall be published through notice in the state register\nwithout further action required for the promulgation of regulations\npursuant to the state administrative procedure act.\n  (d) Such construction or substantial rehabilitation is carried out\nwith the assistance of grants, loans or subsidies for the construction\nor substantial rehabilitation of affordable housing from any federal,\nstate or local agency or instrumentality thereof.\n  4. Application for exemption under this section shall be made on a\nform prescribed by the commissioner and filed with the assessor on or\nbefore the applicable taxable status date.\n  5. In the case of property which is used partially as a multiple\ndwelling and partially for commercial or other purposes, the property\nshall be eligible for the exemption authorized by this section if:\n  (a) The square footage of the portion used as a multiple dwelling\nrepresents at least fifty percent of the square footage of the entire\nproperty;\n  (b) At least twenty percent of the units are affordable to individuals\nor families of low and moderate income, as determined according to the\ncriteria set forth in paragraph (c) of subdivision three of this\nsection; and\n  (c) The requirements of this section are otherwise satisfied with\nrespect to the portion of the property used as a multiple dwelling.\n  6. The exemption authorized by this section shall not be available in\na jurisdiction to which the provisions of section four hundred\ntwenty-one-a or four hundred twenty-one-c of this article are\napplicable.\n  7. A city, town or village providing an exemption pursuant to the\nauthority of this section shall develop an income monitoring and\ncompliance plan to meet the criteria of paragraph (c) of subdivision\nthree of this section and such plan shall be reviewed, evaluated and\napproved by the state division of housing and community renewal as a\ncondition of providing such exemption. Such plan shall include an annual\ncertification that the multiple dwelling receiving an exemption meets\nthe requirements of this section. Such certification shall be provided\nto the assessor and the state division of housing and community renewal.\nIf such requirements are not met, then the multiple dwelling shall not\nqualify for the exemption in that year.\n
N.Y. GMU Law § 771 — New York Code / Act GMU / Article 17-A / Title 2 / Section 771
Registration of electors
Status: in_force

§ 771. Registration of electors. No new registration of electors shall\nbe necessary in case of consolidation, but all elector registrations of\nthe component local government entities shall be transferred to the\nproper registration books of the consolidated local government entity,\nand new registrations shall be made as provided by law as if no\nconsolidation had taken place.\n
N.Y. RSS Law § 19 — New York Code / Act RSS / Article 2 / Title 2 / Section 19
Filing of documents with the retirement system
Status: in_force

§ 19. Filing of documents with the retirement system. Whenever a\nstatute requires that a document be filed with the state comptroller, as\nadministrative head of the New York state employees' retirement system,\nwithin a prescribed period of time or by a specified date, and such\ndocument has been mailed to the comptroller or the retirement system by\nUnited States Postal Service certified mail, return receipt requested,\nthe document shall be deemed filed on the date of mailing.\nNotwithstanding this provision, no document shall be deemed filed on the\ndate of mailing unless it is actually received by the retirement system\nas a result of such mailing.\n
N.Y. SOS Law § 461-U — New York Code / Act SOS / Article 7 / Title 2 / Section 461-U
Personal caregiving and compassionate caregiving visitors for residents of adult care facilities during declared local or state health em...
Status: in_force

§ 461-u. Personal caregiving visitors for residents of adult care\nfacilities during public health emergencies. 1. As used in this section,\nthe following terms have the following meanings:\n  (a) "personal caregiving visitor" means a family member, close friend,\nor legal guardian of a resident designated by the resident or the\nresident's lawful representative to assist with personal caregiving or\ncompassionate caregiving for the resident;\n  (b) "personal caregiving" means care and support of a resident by a\npersonal caregiving visitor that is provided to benefit such resident's\nmental, physical, or social well-being.\n  (c) "compassionate caregiving" means personal caregiving that is\nprovided in anticipation of the end of a resident's life or in the\ninstance of significant mental, physical, or social decline or crisis of\na resident;\n  (d) "resident" means a resident of an adult care facility; in relation\nto a personal caregiving visitor, "resident" means the resident to whom\na personal caregiving visitor has been designated to assist with\npersonal caregiving or compassionate caregiving; and\n  (e) "visit" includes assisting with personal caregiving or\ncompassionate caregiving for a resident.\n  2. During a public health emergency declared under section twenty-four\nor section twenty-eight of the executive law personal caregiving\nvisitors may visit residents of adult care facilities, in compliance\nwith federal law and regulations and state regulations made under this\nsection. Adult care facilities shall admit any personal caregiving\nvisitor who is in compliance with applicable requirements under this\nsection.\n  3. The commissioner of the department responsible for the licensure or\ncertification for each type of adult care facility shall make\nregulations for such type under this section which shall:\n  (a) require adult care facilities to allow personal caregiving\nvisitors to visit residents subject to this section;\n  (b) set forth procedures for the designation of personal caregiving\nvisitors by residents or resident's lawful representatives, which: (i)\nshall include documentation of each designated personal caregiving\nvisitor in the facility records; (ii) shall include procedures to ensure\nthat the preferences of the resident regarding the designation of a\npersonal caregiving visitor are respected; and (iii) may include, in\nappropriate circumstances, requiring a health or mental health\nprofessional licensed or certified under the education law to state that\nthe personal caregiving will substantially benefit the resident's\nmental, physical, or social well-being. An adult care facility shall not\nrequire that a health or mental health professional be affiliated with\nsuch adult care facility;\n  (c) set forth procedures for changing a personal caregiving visitor\ndesignation;\n  (d) provide that a resident shall be entitled to designate at least\ntwo personal caregiving visitors;\n  (e) provide that personal caregiving visitors shall be exempt from\nprohibitions on visiting residents at adult care facilities, subject to\nthe limitations and requirements of this section;\n  (f) set forth the circumstances under which visiting by personal\ncaregiving visitors may be temporarily limited or suspended at an adult\ncare facility to protect the health, safety and welfare of residents,\nincluding, but not limited to, local infection rates, temporary\ninadequate staff capacity, or an acute emergency situation;\n  (g) require, at a minimum, that all personal caregiving visitors\nfollow safety protocols which may include, but need not be limited to:\n  (i) testing for communicable diseases;\n  (ii) checking body temperature upon entry into the adult care\nfacility;\n  (iii) health screenings upon entry into the adult care facility;\n  (iv) appropriate use of personal protective equipment;\n  (v) social distancing (except as necessary for personal caregiving by\nthe personal caregiving visitor for a resident); and\n  (vi) any other requirement the respective commissioner deems\nappropriate;\n  (h) set forth standards for frequency and duration of visits by\npersonal caregiving visitors at adult care facilities;\n  (i) set forth standards for limiting the total number of personal\ncaregiving visitors for a resident and/or limiting the total number of\npersonal caregiving visitors allowed to visit an adult care facility at\nany one time based on the circumstances of the residents and the adult\ncare facility;\n  (j) require personal caregiving and compassionate caregiving to be\ndocumented in the resident's case management notes; and\n  (k) make appropriate provisions for compassionate caregiving.\n  4. The respective commissioners shall post the requirements consistent\nwith regulations, on their website, including any requirements as to\ntime periods and region.\n  5. This section does not require the medical assistance program to\ncover personal caregiving or compassionate caregiving and such\ncaregiving shall not be reimbursed under the medical assistance program.\n  6. This section does not relieve any facility licensed under this\narticle, or any facility operator, of any obligation or responsibility\nimposed by any other applicable law or regulation.\n  7. Nothing in this section shall be construed to limit access by any\nvisitor to a facility that would otherwise be permitted under federal or\nstate law or regulation.\n
N.Y. RPT Law § 1110 — New York Code / Act RPT / Article 11 / Title 2 / Section 1110
Redemption, generally
Status: in_force

§ 1110. Redemption, generally. 1. Real property subject to a\ndelinquent tax lien may be redeemed by payment to the enforcing officer,\non or before the expiration of the redemption period, of the amount of\nthe delinquent tax lien or liens, including all charges authorized by\nlaw.  If the enforcing officer is not authorized to receive such\npayments, such payment shall be made to the official who is so\nauthorized.\n  2. The redemption period shall expire two years after lien date,\nexcept that a tax district may increase the redemption period for\nresidential or farm property in the manner provided by section eleven\nhundred eleven of this article, or a tax district may reduce the\nredemption period for residential vacant and abandoned property to one\nyear provided the property has been placed on a vacant and abandoned\nroll, or registry or list prior to the date on which taxes become\ndelinquent in the local municipality, pursuant to section eleven hundred\neleven-a of this article. Notwithstanding the foregoing, if the notice\npublished pursuant to section eleven hundred twenty-four of this article\nspecifies a later date for the expiration of the redemption period, the\nredemption period shall expire on the date so specified.\n  3. If a parcel is redeemed which has been included on a list of\ndelinquent taxes that has been filed pursuant to section eleven hundred\ntwenty-two of this article, the enforcing officer shall, upon request,\nissue a certificate of redemption. Upon the filing of such certificate\nwith the county clerk, the county clerk shall enter on such list the\nword "redeemed" and the date of the filing opposite the description of\nsuch parcel on the list of delinquent taxes. Such notation shall operate\nto cancel the notice of pendency with respect to such parcel.\n
N.Y. ENV Law § 72-0201 — New York Code / Act ENV / Article 72 / Title 2 / Section 72-0201
Fees and penalties
Status: in_force

§ 72-0201. Fees and penalties.\n  1. a. Notwithstanding any general or special law to the contrary, all\npersons who require a permit or approval pursuant to a state\nenvironmental regulatory program, or who are subject to regulation under\na state environmental regulatory program shall submit a fee as\nauthorized under this article annually to the department, on such forms\nand at such times as specified by the department.\n  b. Notwithstanding any general or special law to the contrary,\none-half of all monies collected by the department pursuant to section\n72-0502 of this article shall be deposited in the hazardous waste\nremedial fund, created pursuant to section ninety-seven-b of the state\nfinance law.\n  c. Notwithstanding any general or special law to the contrary, all\nmonies collected by the department pursuant to subdivision twelve of\nthis section and section 72-0303 of this article shall be deposited in\nthe operating permit program account of the clean air fund created\npursuant to section ninety-seven-oo of the state finance law.\n  d. Notwithstanding any general or special law to the contrary, all\nmonies collected by the department pursuant to title ten of this article\nshall be deposited in the mined land reclamation program account created\npursuant to section 72-1011 of this article.\n  e. Notwithstanding any general or special law to the contrary, all\nmonies collected by the department pursuant to section 72-0402 of this\narticle shall be deposited as follows: (i) fifteen percent in the\nenvironmental protection fund established by section ninety-two-s of the\nstate finance law not to exceed two million one hundred thousand\ndollars; and (ii) seventy-one percent in the industry fee transfer\naccount of the hazardous waste remedial fund established by subdivision\none of section ninety-seven-b of the state finance law.\n  2. All persons subject to regulation under a state environmental\nregulatory program including those persons holding existing permits,\ncertificates or approvals under such programs shall be liable for fees\nauthorized by this article on and after April first, nineteen hundred\neighty-three.\n  3. Liability for fees authorized by this chapter for persons receiving\nnew permits, certificates or approvals shall equal the annual fee\nestablished pursuant to this title and prorated from the date of\nissuance.\n  4. Payment of fees shall be due within thirty days of billing by the\ndepartment.\n  5. If the amount of the fee is not paid within forty-five days of the\nlast date prescribed under subdivision four of this section, a penalty\nshall be imposed on such deficiency. The amount of such penalty shall\nnot exceed five percent of such deficiency per month and the total\npenalty shall not exceed twenty-five percent of the deficiency.\n  Notice of the determination of a penalty, and notice of the right to\nappeal such determination shall be given to the person liable for the\npayment of the fee and any penalty due. The penalty as determined\npursuant to this subdivision shall be finally and irrevocably assessed\nunless a hearing is requested by certified mail to the commissioner\nwithin thirty days after receiving notice of the determination of a\npenalty, or unless the commissioner on his own motion shall redetermine\nsuch penalty. After such hearing the commissioner shall give notice of\nfinal determination to the person against whom the fee and penalty is\nassessed. No such penalty as defined in this subdivision shall be\nassessed until after the expiration of the period in which a hearing may\nbe requested, or after the issuance of a final determination following a\nhearing, whichever comes later.\n  6. In addition to any penalty that may be assessed pursuant to\nsubdivision five of this section, there shall be collected interest upon\nthe unpaid amount at the underpayment rate set by the commissioner of\ntaxation and finance pursuant to section one thousand ninety-six of the\ntax law, minus four percentage points. Such interest shall accrue thirty\ndays from the date prescribed for fee payment until payment is actually\nmade to the department.\n  7. In the event that a person fails to pay any fee as finally\ndetermined, such determination to be final when all administrative and\njudicial appeals thereof, if any, have been completed, the department\nmay suspend, until the fee is paid, the permit, certificate or approval\nfor the activity which is subject to that fee.\n  8. The commissioner shall promulgate regulations necessary to\neffectuate the purposes of this article. Such regulations may also\ninclude provisions regarding hearings to resolve disputed fee and\npenalty determinations.\n  9. a. In the event a penalty or interest is collected pursuant to\nsubdivision five or six of this section for fees due under section\n72-0402, or section 72-0502 of this article, one-half of the penalty or\ninterest shall be deposited by the department in the industry fee\ntransfer account of the hazardous waste remedial fund.\n  b. In the event a penalty or interest is collected pursuant to\nsubdivision five or six of this section for fees due under section\n72-0403 of this article, such penalty or interest shall be deposited in\nthe industry fee transfer account of the hazardous waste remedial fund\nestablished by subdivision one of section ninety-seven-b of the state\nfinance law.\n  10. No portion of the fees collected pursuant to this article shall be\nused for any purpose if such use, under federal law, would preclude the\ncollection of such a fee.\n  11. a. All fees collected pursuant to this article shall be paid into\nthe environmental conservation special revenue fund to the credit of the\nenvironmental regulatory account, unless herein provided otherwise.\n  b. Moneys of such account shall include interest earnings on any\naccount balances and shall be available for appropriation and allocation\nfor the purposes of carrying out the provisions of this chapter.\n  c. The moneys of the account shall be paid out on the audit and\nwarrant of the comptroller on vouchers certified or approved by the\ncommissioner or his duly designated representative.\n  d. Notwithstanding the provisions of any general or special law, no\nmoneys shall be available from the account until a certificate of\nallocation and a schedule of amounts to be available therefor shall have\nbeen issued by the director of the budget, and a copy of such\ncertificate filed with the comptroller. Such certificate may be amended\nfrom time to time by the director of the budget and a copy of each such\namendment shall be filed with the comptroller.\n  e. Any reference to the environmental enforcement account in any\nspecial or general law shall be deemed to be a reference to the\nenvironmental regulatory account.\n  12. Notwithstanding any other provision of this section, any person\nwho fails to pay fees required pursuant to section 72-0303 of this\narticle shall pay a penalty of fifty per centum of the unpaid fee\namount, plus interest on the unpaid fee amount computed in accordance\nwith section 6621(a)(2) of the United States internal revenue code of\n1986 (Public Law 99-514, 26 U.S.C. section 1 et seq.) from the date the\nfee was required to be paid.\n
N.Y. PBA Law § 1045-U — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-U
Exemption from taxes, assessments and certain fees; payments in lieu of taxes
Status: in_force

§ 1045-u. Exemption from taxes, assessments and certain fees; payments\nin lieu of taxes. 1. It is hereby determined that the creation of the\nauthority and the carrying out of its corporate purposes is in all\nrespects for the benefit of the people of the city and of the state and\nis a public purpose and the authority shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall not be required to pay any taxes, special ad\nvalorem levies or special assessments upon any real property owned by it\nor any filing, recording or transfer fees or taxes in relation to\ninstruments filed, recorded or transferred by it or on its behalf. The\nauthority shall be deemed a public authority for the purposes of section\nfour hundred twelve of the real property tax law.\n  2. Notwithstanding any provision in this section to the contrary, the\nauthority may pay, or may enter into agreements with any municipality to\npay, a sum or sums, annually or otherwise, or to provide other\nconsiderations to such municipality with respect to real property owned\nby the authority located within such municipality.\n  3. Any bonds issued pursuant to this title together with the income\ntherefrom shall be exempt from taxation except for transfer and estate\ntaxes. The revenues, moneys and all other property and activities of the\nauthority shall be exempt from all taxes and governmental fees or\ncharges, whether imposed by the state or any municipality, including\nwithout limitation real estate taxes, franchise taxes, sales taxes or\nother excise taxes. The state hereby covenants with the purchasers and\nwith all subsequent holders and transferees of bonds issued by the\nauthority pursuant to this title, in consideration of the acceptance of\nand payment for the bonds, that the bonds of the authority issued\npursuant to this title and the income therefrom shall be free from such\ntaxation, as aforestated herein, and that all revenues, moneys, and\nother property pledged to secure the payment of such bonds shall at all\ntimes be free from such taxes as aforestated herein.\n
N.Y. PBA Law § 1034 — New York Code / Act PBA / Article 5 / Title 2 / Section 1034
Sale of surplus
Status: in_force

* § 1034. Sale of surplus. Whenever the productive capacity of the\nplants and properties of the authority together with any gas or\nelectrical energy which it may acquire from other sources, creates a\nsurplus over the amount of light, heat and power, in any of such\nservices, required by the municipalities and residents of the district\nto which such service is contracted, the authority may sell such surplus\nin territory outside the district, either within or outside the county,\nto persons, public or private corporations or other municipalities. In\nacquiring, by purchase or condemnation, any plant or property in the\ndistrict which also serves any municipality or territory outside the\ndistrict, the authority, if it deems it advantageous and economical so\nto do, may, with the approval of the public service commission and the\nconsent of the board of supervisors, serve any such municipality or\nterritory or sell gas, heat, power or electrical energy to persons,\npublic or private corporations in such territory or to such\nmunicipality. The authority shall not in any case duplicate any service\nalready existing in any municipality or territory outside the district,\nwithout the approval of the public service commission.\n  * NB Terminated July 1, 1963\n
N.Y. PBH Law § 2998-C — New York Code / Act PBH / Article 29-D / Title 2 / Section 2998-C
Best practices
Status: in_force

§ 2998-c. Best practices. 1. The center shall:\n  (a) Review and promote research to assist health care providers and\nhealth plans in identifying systemic problems in health care leading to\nmedical errors or impairing patient safety or health care quality,\nidentifying appropriate quality improvement strategies and developing\nand adopting health care best practices;\n  (b) Serve as a clearing house of information for health care providers\nconcerning quality improvement strategies and best practices; and\n
N.Y. RPT Law § 477 — New York Code / Act RPT / Article 4 / Title 2 / Section 477
Tax exemption for industrial waste treatment facilities
Status: in_force

§ 477. Tax exemption for industrial waste treatment facilities. 1.\nIndustrial waste treatment facilities which were constructed or\nreconstructed in order to comply with the provisions of the\nenvironmental conservation law and codes, rules, regulations, permits or\norders issued pursuant thereto shall be exempt from taxation to the\nextent of any increase in value thereof by reason of such construction\nor reconstruction.\n  2. Such industrial waste treatment facilities shall not be entitled to\nany exemption from taxation unless such facilities have been certified\nby the state commissioner of environmental conservation or his or her\ndesignated representative, pursuant to section 17-0705 of the\nenvironmental conservation law, as complying with applicable provisions\nof the environmental conservation law, public health law, the state\nsanitary code and regulations, permits or orders issued by such\ncommissioner pursuant to law.\n  3. Such exemption shall be applicable only to industrial waste\ntreatment facilities which were constructed or reconstructed subsequent\nto May twelfth, nineteen hundred sixty-five.\n  4. Such exemption from taxation shall be granted only upon an\napplication made by the owner of such property on a form prescribed by\nthe commissioner and shall contain such information as the commissioner\nshall require. Such application shall be filed with the assessor of the\ncity, town, village or county having the power to assess property for\ntaxation on or before the appropriate taxable status date of such city,\ntown, village or county. If the assessor is satisfied that the applicant\nis entitled to an exemption pursuant to this section, he or she shall\napprove the application and such industrial waste treatment facilities\nshall be exempt from taxation and special ad valorem levies as herein\nprovided.\n  5. Such exempion from taxation shall be effective as of the first\ntaxable status date occurring subsequent to the approval of the\napplication for exemption by the assessor of the appropriate city, town,\nvillage, or county.\n  6. The assessed value of any exemption granted pursuant to the\nauthority of this section shall be entered by the assessor on the\nassessment roll with the taxable property, with the amount of the\nexemption shown in a separate column.\n  7. The term "industrial waste treatment facilities" shall mean\nfacilities for the treatment, neutralization or stabilization of\nindustrial waste (as the term "industrial waste" is defined in section\n17-0105 of the environmental conservation law) from a point immediately\npreceding the point of such treatment, neutralization or stabilization\nto the point of disposal, including the necessary pumping and\ntransmitting facilities, but excluding such facilities installed for the\nprimary purpose of salvaging materials which are usable in the\nmanufacturing process or are marketable.\n
N.Y. PBA Law § 532-A — New York Code / Act PBA / Article 3 / Title 2 / Section 532-A
Notes of the authority
Status: in_force

§ 532-a. Notes of the authority. The authority shall have power from\ntime to time to issue its negotiable notes in conformity with applicable\nprovisions of the uniform commercial code and from time to time to issue\nrenewal notes, maturing not later than five years from their respective\ndates in an amount which together with bonds shall not exceed one\nhundred fifty-three million two hundred fifty-five thousand dollars\npursuant to subdivision one of section five hundred thirty-two of this\nchapter, excluding bonds issued to fund said notes. Subject to any\nagreements with bondholders or noteholders thereof the authority may\npledge such moneys or revenues for the payment of the notes and may in\naddition secure the notes in the same manner and with the same effect as\nherein provided for bonds. The notes shall be issued in the same manner\nas bonds. The authority shall have power to make contracts for the\nfuture sale from time to time of the notes, by which the purchasers\nshall be committed to purchase the notes from time to time on terms and\nconditions stated in such contracts, and the authority shall have power\nto pay such consideration as it shall deem proper for such commitments.\nIn case of default on its notes, or violation of any of the obligations\nof the authority to the noteholders, the noteholders shall have all the\nremedies provided herein for bondholders.\n
N.Y. RPT Law § 421-H*2 — New York Code / Act RPT / Article 4 / Title 2 / Section 421-H*2
Exemption of capital improvements to residential buildings
Status: in_force

* § 421-h. Exemption of capital improvements to residential buildings.\n1. Residential buildings reconstructed, altered or improved subsequent\nto the effective date of a local law or resolution pursuant to this\nsection shall be exempt from taxation and special ad valorem levies to\nthe extent provided hereinafter. After a public hearing, the governing\nboard of a city, with a population of more than one hundred forty\nthousand but less than one hundred fifty thousand as determined by the\nlatest decennial federal census, may adopt a local law or resolution to\ngrant the exemption authorized pursuant to this section. A copy of such\nlocal law or resolution shall be filed with the commissioner and the\nassessor of such city who prepares the assessment roll on which the\ntaxes of such city are levied.\n  2. (a) Such buildings shall be exempt to the extent of one hundred per\ncentum of the increase in assessed value thereof attributable to such\nreconstruction, alteration or improvement subject to the provisions of\nsubdivision six of this section. Such exemption shall be limited to\nforty thousand dollars in increased market value, or such other sum less\nthan forty thousand dollars, as may be provided by the local law or\nresolution, of the property attributable to such reconstruction,\nalteration or improvement and any increase in market value greater than\nsuch amount shall not be eligible for the exemption pursuant to this\nsection. For the purposes of this section, the market value of the\nreconstruction, alteration or improvement shall be equal to the\nincreased assessed value attributable to such reconstruction, alteration\nor improvement divided by the class I ratio in a special assessing unit\nor the most recently established state equalization rate or special\nequalization rate in the remainder of the state, except where the state\nequalization rate or special equalization rate equals or exceeds\nninety-five percent, in which case the increase in assessed value\nattributable to such reconstruction, alteration or improvement shall be\ndeemed to equal the market value of such reconstruction, alteration or\nimprovement.\n  (b) No such exemption shall be granted for reconstruction, alterations\nor improvements unless:\n  (i) such reconstruction, alteration or improvement was commenced\nsubsequent to the effective date of the local law or resolution adopted\npursuant to subdivision one of this section; and\n  (ii) the greater portion, as so determined by square footage, of the\nbuilding reconstructed, altered or improved is at least five years old.\n  (c) For purposes of this section the terms reconstruction, alteration\nand improvement shall not include ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. The\napplication shall be filed with the assessor of the city having the\npower to assess property for taxation on or before the appropriate\ntaxable status date of such city.\n  4. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch building shall thereafter be exempt from taxation and special ad\nvalorem levies as herein provided commencing with the assessment roll\nprepared on the basis of the taxable status date referred to in\nsubdivision three of this section. The assessed value of any exemption\ngranted pursuant to this section shall be entered by the assessor on the\nassessment roll with the taxable property, with the amount of the\nexemption shown in a separate column. No such application shall be\napproved after December thirty-first, two thousand five.\n  5. For the purposes of this section, a residential building shall mean\nany building or structure designed and occupied exclusively for\nresidential purposes by not more than one family.\n  6. In the event that a building granted an exemption pursuant to this\nsection ceases to be used primarily for residential purposes by the\nowner who was granted the exemption pursuant to this section or title\nthereto is transferred to other than the spouse of the owner, the\nexemption granted pursuant to this section shall cease.\n  7. Such city may, by its local law or resolution:\n  (a) reduce the per centum of exemption otherwise allowed pursuant to\nthis section;\n  (b) limit eligibility for the exemption to those forms of\nreconstruction, alterations or improvements as are prescribed in such\nlocal law or resolution;\n  (c) provide that the exemption shall be applicable only to those\nimprovements which would otherwise result in an increase in the assessed\nvaluation of the real property but which consist of an addition,\nremodeling or modernization to an existing residential structure to\nprevent physical deterioration of the structure or to comply with\napplicable building, sanitary, health and/or fire codes.\n  * NB There are 2 § 421-h's\n
N.Y. RSS Law § 11 — New York Code / Act RSS / Article 2 / Title 2 / Section 11
Duties of comptroller; the actuary
Status: in_force

§ 11. Duties of comptroller; the actuary.  a. The comptroller shall be\nthe administrative head of the retirement system. Subject to the\nlimitations of this article and of law, he shall adopt and may amend,\nfrom time to time, rules and regulations for the administration and\ntransaction of the business of the retirement system and for the custody\nand control of its funds. The comptroller shall:\n  1. Maintain all necessary accounting records, and\n  2. Keep in convenient form such data as shall be necessary for the\nactuarial valuation of the various funds of the retirement system, and\n  3. Establish funds, in addition to those provided for by this article,\nwhich in his judgment are necessary or required for the proper fiscal\nmanagement of the retirement system, and\n  4. Perform such other functions as are required for the execution of\nthe provisions of this article.\n  b. The comptroller shall engage the services of an actuary and may\nemploy such other necessary technical and administrative assistance as\nhe may require. For the purpose of determining upon the proper tables to\nbe prepared and submitted to the comptroller for adoption, the actuary,\nfrom time to time, but at least once in each five years, shall make such\ninvestigation of the mortality, service and compensation experience of\nthe members as the comptroller may authorize. On the basis of such\ninvestigations and upon the recommendation of the actuary, the\ncomptroller shall:\n  1. Adopt for the retirement system such mortality and other tables as\nshall be deemed necessary, and\n  2. Certify the rates of deduction, if any, from compensation computed\nto be necessary to pay the annuities authorized under the provisions of\nthis article.\n  3. From time to time, but at least once in each five years, promulgate\na rate or rates of estimated future investment earnings.\n  4. From time to time, but at least once in every five years,\npromulgate a rate or rates of regular interest.\n  c. On the basis of such aforesaid tables and an estimated rate or\nrates of future investment earnings as the comptroller shall adopt:\n  1. The actuary shall make an annual valuation of the assets and\nliabilities of the funds of the retirement system, and\n  2. The comptroller shall certify annually the rates expressed as\nproportions of payroll of members, which shall be used in computing the\ncontributions required to be made by employers to the pension\naccumulation fund.\n  d. The comptroller shall make an annual report showing the valuation\nof the assets and liabilities of the funds of the retirement system, as\ncertified by the actuary, a statement of receipts and disbursements and\nhis or her recommendations in regard thereto. Such report shall be\npublished with and as a part of the annual report of the comptroller. In\naddition to the above annual report, an actuarial report prepared in\naccordance with generally recognized and accepted actuarial principles\nand practices which are consistent with principles prescribed by the\nActuarial Standards Boards (ASB) and the Code of Professional Conduct\nand Qualification Standards for Public Statements of Actuarial Opinion\nof the American Academy of Actuaries, shall be published on or before\nOctober fifteenth of each fiscal year to include:\n  1. The following membership distributions for the Employee's\nRetirement System (ERS) and Police and Fire Retirement Systems (PFRS),\nseparately for the following categories: the state, cities, counties,\ntowns, villages, school districts, and miscellaneous.\n  (i) For active members, five year age/service groups in matrix form\nshowing numbers of members and average compensation.\n  (ii) For retired members, five year age/service at retirement groups\nin matrix form showing number of members, average final average salary,\nand average annual pension.\n  (iii) For active members, number of members and total salary by tier.\n  2. For inactive employees, five year age/service groups in matrix form\nshowing number of members and average last compensation.\n  3. Any other information needed to fully and fairly disclose the\nactuarial position of the plan.\n  4. A reconciliation to the prior year of the number of all members\n(active, inactive and retired), broken down by ERS and PFRS.\n  e. Special interest, if any, shall be credited annually in the same\nmanner as regular interest pursuant to subdivision i of section thirteen\nof this article to the individual annuity savings accounts of persons\nwho are members as of the close of the fiscal year.\n  f. The records of the retirement system shall be open to public\ninspection.\n  g. The comptroller shall adopt and amend pursuant to this article only\nsuch rules and regulations as he determines to be for the best interests\nof the retirement system and its members.\n
N.Y. PBA Law § 3411 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3411
Bonds; legal investment for fiduciaries
Status: in_force

§ 3411. Bonds; legal investment for fiduciaries. The bonds of the\ncorporation are hereby made securities in which all public officers and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and saving associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever, who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state may\nproperly and legally invest funds including capital in their control or\nbelonging to them.  The bonds are also hereby made securities which may\nbe deposited with and may be received by all public officers and bodies\nof the state and all municipalities for any purposes for which the\ndeposit of bonds or other obligations of this state is now or hereafter\nmay be authorized.\n
N.Y. VAT Law § 204 — New York Code / Act VAT / Title 2 / Article 2 / Section 204
Subpoenaing hearing referees
Status: in_force

§ 204. Subpoenaing hearing referees. No officer or employee of the\ndepartment of motor vehicles who has conducted a hearing concerning an\nowner or operator of a motor vehicle or motorcycle shall be required to\nappear in any court as a witness in a civil action in which such owner\nor operator is a party except pursuant to a subpoena signed by a judge\nof a court of record, or a judge of the court in which the action is\npending, issued upon an application to such judge after, at least, one\nday's notice to the commissioner or a deputy commissioner of motor\nvehicles.\n
N.Y. EDN Law § 2563 — New York Code / Act EDN / Title 2 / Article 52 / Section 2563
Meetings of board of education
Status: in_force

§ 2563. Meetings of board of education.  1. The annual meeting of a\nboard of education shall be held on the second Tuesday in May, at four\no'clock in the afternoon, at which meeting the board shall select a\npresident for the ensuing year, except that the annual meeting of the\nboard of education of the city school district of the city of New York\nshall be held on the first Tuesday in July.\n  2. Each of such boards shall also fix the day and hour for holding\nregular board meetings which shall be at least as often as once each\nmonth and shall also prescribe a method for calling special meetings of\nsuch board.\n
N.Y. ISC Law § 4911 — New York Code / Act ISC / Article 49 / Title 2 / Section 4911
Powers of the superintendent
Status: in_force

§ 4911. Powers of the superintendent. (a) The superintendent shall\nhave the power to grant and revoke certifications of external appeal\nagents to conduct external appeals requested pursuant to paragraph one\nor two of subsection (b) of section four thousand nine hundred ten of\nthis title or pursuant to both such paragraphs.\n  (b) If, after reviewing the application authorized by section four\nthousand nine hundred twelve of this title, the superintendent is\nsatisfied that the applicant meets the requirements of this section, the\nsuperintendent shall issue a certificate to the applicant. A certificate\nissued under this section shall be valid for a period of not more than\ntwo years.\n  (c) In order to be re-certified, an external appeal agent must\ndemonstrate to the superintendent on forms prescribed by the\nsuperintendent that it continues to meet all applicable standards\nrequired by this title. Re-certification under this section shall be\nvalid for a period of not more than two years.\n
N.Y. EDN Law § 1517 — New York Code / Act EDN / Title 2 / Article 31 / Section 1517
Indebtedness of certain dissolved districts
Status: in_force

§ 1517. Indebtedness of certain dissolved districts.  Whenever any\nschool district is dissolved pursuant to the provisions of section\nfifteen hundred five of this article and annexed to an adjoining\ndistrict or adjoining districts or consolidated as provided in section\nfifteen hundred twelve, the indebtedness of any such district evidenced\nby bonds or notes or relating to school building construction shall\nthereupon become a charge upon the enlarged district formed by such\nannexation or consolidation.  The board of education or trustees of such\nenlarged district shall raise by tax an amount sufficient to pay any\nsuch indebtedness of such district as the same shall become due.\n
N.Y. EDN Law § 1708 — New York Code / Act EDN / Title 2 / Article 35 / Section 1708
Regular meetings; visitation of schools
Status: in_force

§ 1708. Regular meetings; visitation of schools.  1. It shall be the\nduty of each board of education elected pursuant to the provisions of\nthis article to have a regular meeting at least once in each quarter.\n  2. Each board shall appoint one or more committees, to visit every\nschool or department under its supervision and such committee or\ncommittees shall visit such schools at least once annually, and report\nat the next regular meeting of the board on the condition thereof.\n  3. The meetings of all such boards shall be open to the public, but\nsaid boards may hold executive sessions, at which sessions only the\nmembers of such boards or the persons invited shall be present.\n
N.Y. GMU Law § 921 — New York Code / Act GMU / Article 18-A / Title 2 / Section 921
Village of Liberty industrial development agency
Status: in_force

* § 921. Village of Liberty industrial development agency. For the\nbenefit of the village of Liberty and the inhabitants thereof, an\nindustrial development agency, to be known as the VILLAGE OF LIBERTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the village of Liberty, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the village of\nLiberty. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. ENV Law § 71-0211 — New York Code / Act ENV / Article 71 / Title 2 / Section 71-0211
Disposition of fees and penalties
Status: in_force

§ 71-0211. Disposition of fees and penalties.\n  1. Notwithstanding any other provisions of law to the contrary, all\nfines and penalties collected pursuant to title nineteen of this\narticle, except amounts required to be paid into the conservation fund\npursuant to subdivision two of section 71-1929 of such title; title\ntwenty-one of this article; title twenty-seven of this article, except\namounts required to be paid into the hazardous waste remedial fund\npursuant to subdivision two of section 71-2725 of such title; and title\nforty-one of this article shall be paid into the general fund to the\ncredit of the state purposes account.\n  2. Unless otherwise provided in this chapter, not later than the tenth\nday of each month, all fines, penalties and forfeitures collected for\nviolations of this chapter or rules, regulations, local laws or\nordinances adopted thereunder under judgment of any town or village\ncourt, shall be paid over by such court to the comptroller of the state,\nwith a statement accompanying the same, setting forth the action or\nproceeding in which such moneys were collected, the name and residence\nof the defendant, the nature of the offense, and the fines and penalty\nimposed. The comptroller shall pay these funds into the general fund of\nthe state.\n  All fines and penalties collected for violations of this chapter by\ncourts operating pursuant to section thirty-nine of the judiciary law\nshall be paid to the state commissioner of taxation and finance on a\nmonthly basis no later than ten days after the last day of each month.\nAll such fines and penalties shall be the property of the state.\n
N.Y. EDN Law § 2851 — New York Code / Act EDN / Title 2 / Article 56 / Section 2851
Eligible applicants; applications; submission
Status: in_force

§ 2851. Eligible applicants; applications; submission. 1. An\napplication to establish a charter school may be submitted by teachers,\nparents, school administrators, community residents or any combination\nthereof.  Such application may be filed in conjunction with a college,\nuniversity, museum, educational institution, not-for-profit corporation\nexempt from taxation under paragraph 3 of subsection (c) of section 501\nof the internal revenue code or for-profit business or corporate entity\nauthorized to do business in New York state. Provided however,\nfor-profit business or corporate entities shall not be eligible to\nsubmit an application to establish a charter school pursuant to\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\narticle, or operate or manage a charter school for a charter issued\npursuant to subdivision nine-a of section twenty-eight hundred fifty-two\nof this article. For charter schools established in conjunction with a\nfor-profit business or corporate entity, the charter shall specify the\nextent of the entity's participation in the management and operation of\nthe school.\n  2. The information provided on the application shall be consistent\nwith the provisions of this article and other applicable laws, rules and\nregulations. Such information shall include:\n  (a) A mission statement for the school and a description of an\neducational program that implements one or more of the purposes\ndescribed in subdivision two of section twenty-eight hundred fifty of\nthis article.\n  (b) A description of student achievement goals for the school's\neducational program and the chosen methods of evaluating that students\nhave attained the skills and knowledge specified for those goals. Such\neducational program shall meet or exceed the student performance\nstandards adopted by the board of regents for other public schools.\n  (c) The proposed governance structure of the school, including a list\nof members of the initial board of trustees, a description of the\nqualifications, terms and method of appointment or election of trustees,\nthe organizational structure of the school, a procedure for conducting\nand publicizing monthly board of trustee meetings at each charter\nschool, and the processes to be followed by the school to promote\nparental and staff involvement in school governance.\n  (d) Admission policies and procedures for the school, which shall be\nconsistent with the requirements of subdivision two of section\ntwenty-eight hundred fifty-four of this article.\n  (e) A proposed budget and fiscal plan for the school, including\nsupporting evidence that the fiscal plan is sound and that sufficient\nstart-up funds will be available to the charter school.\n  (f) Requirements and procedures for programmatic and independent\nfiscal audits at least once annually, with such audits being comparable\nin scope to those required of other public schools.\n  (g) The hiring and personnel policies and procedures of the school,\nincluding the qualifications to be used in the hiring of teachers,\nschool administrators and other school employees, and a description of\nstaff responsibilities.\n  (h) The rules and procedures by which students may be disciplined,\nincluding but not limited to expulsion or suspension from the school,\nwhich shall be consistent with the requirements of due process and with\nfederal laws and regulations governing the placement of students with\ndisabilities.\n  (i) The number of students to be served by the school, which number\nshall be at least fifty at a single site and the minimum number of\nteachers to be employed at the school, which shall be at least three.\nProvided, however, that a charter school may serve fewer than fifty\nstudents or employ fewer than three teachers in the school's first year\nof operation or if the applicant presents a compelling justification,\nsuch as the school would serve a geographically remote region.\n  (j) Information regarding the facilities to be used by the school,\nincluding the location of the school, if known, and the means by which\npupils will be transported to and from the school. If the facilities to\nbe used by the proposed school are not known at the time the application\nis submitted, the applicant shall notify the charter entity and, if\napplicable, the board of regents within ten business days of acquiring\nfacilities for such school; provided, however, that the charter school\nmust obtain a certificate of occupancy for such facilities prior to the\ndate on which instruction is to commence at the school.\n  (k) The name of the proposed charter school, which shall include the\nwords "charter school" and which shall not include the name or\nidentification of a for-profit business or corporate entity.\n  (l) A description of the ages and grade levels to be served by the\nschool.\n  (m) Identification and background information on all applicants and\nproposed members of the board of trustees.\n  (n) The school calendar and school day schedule, which shall provide\nat least as much instruction time during a school year as required of\nother public schools.\n  (o) Types and amounts of insurance coverage to be obtained by the\nschool, which shall include adequate insurance for liability, property\nloss and the personal injury of students. The commissioner and the\nsuperintendent of financial services may jointly promulgate regulations\nto implement the provisions of this paragraph.\n  (p) The term of the proposed charter, which shall not exceed five\nyears; provided however, in the case of charters issued pursuant to\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\narticle the term of such proposed charter shall not exceed five years in\nwhich instruction is provided to pupils plus the period commencing with\nthe effective date of the charter and ending with the opening of the\nschool for instruction.\n  (q) Evidence of adequate community support for and interest in the\ncharter school sufficient to allow the school to reach its anticipated\nenrollment, and an assessment of the projected programmatic and fiscal\nimpact of the school on other public and nonpublic schools in the area.\n  (r) A description of the health and food services to be provided to\nstudents attending the school.\n  (s) Methods and strategies for serving students with disabilities in\ncompliance with all federal laws and regulations relating thereto.\n  (t) Procedures to be followed in the case of the closure or\ndissolution of the charter school, including provisions for the transfer\nof students and student records to the school district in which the\ncharter school is located and for the disposition of the school's assets\nto the school district in which the charter school is located or another\ncharter school located within the school district. Notwithstanding any\nother provision of law or of a charter to the contrary, such procedures\nshall ensure that upon dissolution of a charter school, any funds\nremaining in the possession of the charter school that can be attributed\nto public funding, after all of its debts and obligations have been\npaid, shall be paid over to each school district having resident\nchildren served by the charter school in the school year in which the\ncharter was dissolved or the last year in which students were enrolled\nin the charter school, in the same proportion as the number of students\nplaced by each school district and served by the charter school in the\nlast school year in which children were served by the charter school,\nbears to the total number of students served by the charter school in\nsuch school year.  Provided, however, that nothing in this subdivision\nshall be construed to require a charter school to pay to such districts\nany remaining funds that can be attributed to gifts, donations, grants\nor other authorized charitable contributions.\n  (u) Requirements for the grant of a diploma, if the school serves the\ntwelfth grade.\n  (v) A code of ethics for the charter school, setting forth for the\nguidance of its trustees, officers and employees the standards of\nconduct expected of them including standards with respect to disclosure\nof conflicts of interest regarding any matter brought before the board\nof trustees.\n  (w) A description of the residential facilities, if any, provided by\nthe charter school.\n  (x) Any other information relevant to the issuance of a charter\nrequired by the charter entity.\n  3. An applicant shall submit the application to a charter entity for\napproval. For purposes of this article, a charter entity shall be:\n  (a) The board of education of a school district eligible for an\napportionment of aid under subdivision four of section thirty-six\nhundred two of this chapter, provided that a board of education shall\nnot approve an application for a school to be operated outside the\nschool district's geographic boundaries and further provided that in a\ncity having a population of one million or more, the chancellor of any\nsuch city school district shall be the charter entity established by\nthis paragraph;\n  (b) The board of trustees of the state university of New York; or\n  (c) The board of regents.\n  The board of regents shall be the only entity authorized to issue a\ncharter pursuant to this article. Notwithstanding any provision of this\nsubdivision to the contrary, an application for the conversion of an\nexisting public school to a charter school shall be submitted to, and\nmay only be approved by, the charter entity set forth in paragraph (a)\nof this subdivision. Notwithstanding any law, rule or regulation to the\ncontrary, any such application for conversion shall be consistent with\nthis section but shall not be subject to the process pursuant to\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\narticle, and the charter entity shall require that the parents or\nguardians of a majority of the students then enrolled in the existing\npublic school vote in favor of converting the school to a charter\nschool.\n  4. Charters may be renewed, upon application, for a term of up to five\nyears in accordance with the provisions of this article for the issuance\nof such charters pursuant to section twenty-eight hundred fifty-two of\nthis article; provided, however, that a renewal application shall\ninclude:\n  (a) A report of the progress of the charter school in achieving the\neducational objectives set forth in the charter.\n  (b) A detailed financial statement that discloses the cost of\nadministration, instruction and other spending categories for the\ncharter school that will allow a comparison of such costs to other\nschools, both public and private. Such statement shall be in a form\nprescribed by the board of regents.\n  (c) Copies of each of the annual reports of the charter school\nrequired by subdivision two of section twenty-eight hundred fifty-seven\nof this article, including the charter school report cards and the\ncertified financial statements.\n  (d) Indications of parent and student satisfaction.\n  (e) The means by which the charter school will meet or exceed\nenrollment and retention targets as prescribed by the board of regents\nor the board of trustees of the state university of New York, as\napplicable, of students with disabilities, English language learners,\nand students who are eligible applicants for the free and reduced price\nlunch program which shall be considered by the charter entity prior to\napproving such charter school's application for renewal. When developing\nsuch targets, the board of regents and the board of trustees of the\nstate university of New York shall ensure (1) that such enrollment\ntargets are comparable to the enrollment figures of such categories of\nstudents attending the public schools within the school district, or in\na city school district in a city having a population of one million or\nmore inhabitants, the community school district, in which the charter\nschool is located; and (2) that such retention targets are comparable to\nthe rate of retention of such categories of students attending the\npublic schools within the school district, or in a city school district\nin a city having a population of one million or more inhabitants, the\ncommunity school district, in which the proposed charter school would be\nlocated.\n  Such renewal application shall be submitted to the charter entity no\nlater than six months prior to the expiration of the charter; provided,\nhowever, that the charter entity may waive such deadline for good cause\nshown.\n  5. Notwithstanding any provision of law, rule or regulation to the\ncontrary for a period of one year from the effective date of this\nsubdivision, a charter school approved by a charter entity listed in\nsubdivision three of this section may apply at any time during this\nperiod to another charter entity, defined in paragraph (a), (b) or (c)\nof subdivision three of this section to request such other charter\nentity to oversee and supervise such charter school. All standards and\nrequirements established in the original charter agreement shall remain\nin effect until the scheduled expiration of such charter agreement and\nprovided however that all obligations of the previous charter entity to\noversee and supervise a charter school shall terminate upon the transfer\nof authorization of such charter school to a new charter entity, as\ndefined in subdivision five of section twenty-eight hundred fifty-two of\nthis article, and the previous charter entity shall provide in a timely\nfashion information relevant to the charter as requested by such other\ncharter entity. A charter school that seeks to change its charter entity\nmust have met all other requirements of this article and cannot be in\nviolation of any legal requirement, in probationary status, or slated\nfor closure.\n
N.Y. RPT Law § 744 — New York Code / Act RPT / Article 7 / Title 2 / Section 744
Action by court in proceedings to review special franchise assessments
Status: in_force

§ 744.  Action by court in proceedings to review special franchise\nassessments. 1.  In a proceeding to review a special franchise\nassessment, upon filing of the answer or upon joinder of issue the court\nmay take such evidence as it may deem necessary or may appoint a referee\nto take evidence and hear and determine all questions raised by the\npetition and the answer thereto. Notwithstanding any provisions of this\narticle to the contrary, evidence on the issue of whether a special\nfranchise assessment is unequal shall be limited to the state\nequalization rate or special equalization rate used in determining the\nfinal special franchise assessment under review, and such equalization\nrate or special equalization rate shall be binding and conclusive on the\nparties upon any such issue.  Upon motion of either party the court may\norder the place of trial changed to the county in which the special\nfranchise under review is situated.  The place of trial shall be deemed\nchanged to the county designated and the papers and proceedings shall be\ncertified to that county in the manner provided by law in the case of a\nchange in the place of trial of an action and all subsequent proceedings\nshall be had in the county so designated as if the special proceedings\nhad been originally instituted in that county.\n  2.  Any objection to the report made pursuant to section six hundred\nfour of this chapter, the complaint made pursuant to section six hundred\nten of this chapter, the petition or the answer may be raised at the\nhearing and the court or referee shall hear and determine the same.  The\nattorney general or other counsel shall furnish the petitioner not less\nthan thirty days prior to the hearing with a statement of any objections\nto be raised to the report, complaint, or petition on the hearing.\nWithin the same time the petitioner shall furnish the attorney general\nor other counsel with a statement of any objections to be raised to the\nanswer on the hearing.\n  3.  Either party may appeal directly to the appellate division of the\nsupreme court from a ruling or decision of the court or referee upon\nobjections raised to the report, complaint, petition or answer and the\nhearing may be stayed by an order of the supreme court pending such\nappeal.\n  4.  Upon application of the attorney general upon cause shown, the\ngovernor may appoint extraordinary terms of the supreme court to be held\nin any judicial district and designate a justice to preside thereat, to\ntry special franchise cases.  Such extraordinary term shall have\njurisdiction over all proceedings involving special franchise\nassessments arising in any assessing unit within the judicial district\nfor which the term is appointed, without regard to the county in which\nthe term is being held.  Either party to a proceeding to review a\nspecial franchise assessment may at any time bring the proceeding on for\na hearing or trial before such extraordinary term upon fifteen days'\nnotice given to the other party either personally or by mail.\n  5.  A new assessment or correction of an assessment made by order of\nthe court shall have the same force and effect as if it had been so made\nby the proper officers within the time prescribed by law for making such\nassessment.\n
N.Y. PBH Law § 4211 — New York Code / Act PBH / Article 42 / Title 2 / Section 4211
Cadavers; unclaimed; delivery to schools for study
Status: in_force

§ 4211. Cadavers; unclaimed; delivery to schools for study. 1. Except\nas hereinafter provided, and subject to the conditions specified in this\narticle, the director or person in charge of any hospital, institution,\nmorgue or other place for bodies of deceased persons not interred or\notherwise finally disposed of, and every funeral director, undertaker or\nother person having in his or her lawful possession, any body of a\ndeceased person for keeping or burial, shall deliver every body of a\ndeceased person in his or her possession, charge, custody or control not\nplaced therein by any person, agency or organization for keeping, burial\nor other lawful disposition to:\n  (a) any medical college, school or institute including chiropractic\ncolleges registered by the regents of the university of the state of New\nYork as maintaining a proper standard;\n  (b) any university within the state authorized by law to confer\ndegrees of doctor of medicine or doctor of dental surgery;\n  (c) any other college or school incorporated under the laws of the\nstate of New York for the purpose of teaching medicine, anatomy or\nsurgery to those on whom the degree of doctor of medicine has been\nconferred;\n  (d) any university within the state of New York having a medical\npreparatory or medical postgraduate course of instruction; or\n  (e) any college, school or institute maintaining a mortuary science\nprogram that has either been approved by the department or holds a\ncertificate of accreditation from an accrediting organization recognized\nby the department pursuant to article thirty-four of this chapter,\nprovided, however, that such bodies remain unclaimed by any of the\naforementioned institutions. Any college, school or institute\nmaintaining a mortuary science program may only claim and utilize such\nbodies for anatomical and embalming instruction purposes.\n  2. The professors and teachers in every university, college, school or\ninstitute hereinbefore specified may receive the body of a deceased\nperson delivered or released to the university, college, school or\ninstitute, as herein provided, for the purposes of medical, anatomical\nand surgical science, anatomic embalming, and study.\n  3. No body of a deceased person shall be delivered or released to or\nreceived by, any university, college or school or institute.\n  (a) if, within forty-eight hours after death it is desired for\ninterment or other lawful disposition by relatives and in the counties\nof Oneida, Onondaga, Oswego, Madison and Cortland, by relatives or\nfriends, or,\n  (b) if prior to his or her death, the person shall have expressed a\ndesire that his or her body be interred or otherwise lawfully disposed\nof, is carrying an identification card upon his or her person indicating\nhis or her opposition to the dissection or autopsy of his or her body,\nor,\n  (c) if the deceased person is known to have a relative whose place of\nresidence is known or can be ascertained after reasonable and diligent\ninquiry.\n  3-a. (a) In a city having a population of one million or more, no body\nof a deceased person shall be delivered or released to or received by,\nany university, college, school or institute, including any mortuary\nschool unless:\n  (i) the person authorized to consent to make an anatomical gift with\nrespect to the decedent under article forty-three of this chapter makes\nsuch an anatomical gift that would encompass such delivery or release;\n  (ii) the person authorized to control the disposition of such body\nunder section forty-two hundred one of this article consents in writing\nto the delivery and release of the body of such person to the\nuniversity, college, school or institute for the purpose of embalming,\ndissection or autopsy, provided that a chief fiscal officer of a county\nor a public administrator shall not be authorized to provide such\nconsent; or\n  (iii) the decedent has through a lawfully executed written instrument,\nwill or trust, consented to such delivery or release;\n  (b) In no event shall such delivery or release for the purpose of\nembalming, dissection or autopsy be authorized where the provisions of\nsection forty-two hundred nine-a or forty-two hundred ten-c of this\ntitle apply.\n  (c) The person or entity having possession, charge, custody or control\nof the body of a deceased person under subdivision one of this section\nshall have no duty to locate and/or obtain the written consent from any\nperson under this subdivision. Additionally, a chief fiscal officer of a\ncounty or a public administrator shall not be authorized to provide such\nconsent. In the event that such body is not delivered or released to a\nuniversity, college, school or institute under this section, the body\nshall be released for burial or other lawful disposition consistent with\nthis article and any other applicable provision of law.\n  (d) The person having lawful possession of a body under this section\nshall not be held liable for actions taken reasonably and in good faith\nupon delivery of a body pursuant to subparagraph (i) of paragraph (a) of\nthis subdivision, presentation of a written consent pursuant to\nsubparagraph (ii) of such paragraph, or a written instrument, will or\ntrust pursuant to subparagraph (iii) of such paragraph.\n  (e) The provisions of this section shall apply notwithstanding any\ninconsistent provision of general, special or local law.\n  4. (a) A body of a deceased person shall not be delivered or released\nto, or received by a university, college, school or institute, if within\ntwenty-four hours after notice of death by the person having lawful\npossession, charge, custody or control to the next of kin, or in the\ncounties of Oneida, Onondaga, Oswego, Madison and Cortland to the next\nof kin, or friend of the deceased person such next of kin or friend\nshall claim such body for interment or other lawful disposition.\n  (b) Unless a relative or friend of the deceased person shall claim the\nbody of the deceased person within forty-eight hours after death, or\nwithin twenty-four hours after receipt of notice of death as provided in\nparagraph (a) of this subdivision, the next of kin, relatives or\nfriends, as the case may be, shall be deemed to have assented to\ndelivery or release to, and receipt by the university, college, school\nor institute, of such dead body.\n
N.Y. LAB Law § 947 — New York Code / Act LAB / Article 32 / Title 2 / Section 947
Post-remediation assessment and clearance
Status: in_force

§ 947. Post-remediation assessment and clearance. 1. For a remediated\nproject to achieve clearance, a mold assessment licensee shall conduct a\npost-remediation assessment. The post-remediation assessment shall\ndetermine whether:\n  (a) the work area is free from all visible mold; and\n  (b) all work has been completed in compliance with the remediation\nplan and remediation work plan and meets clearance criteria specified in\nthe plan.\n  2. Post-remediation assessment shall, to the extent feasible,\ndetermine that the underlying cause of the mold has been remediated so\nthat it is reasonably certain that the mold will not return from that\nremediated area. If it has been determined that the underlying cause of\nthe mold has not been remediated, the mold assessment licensee shall\nmake a recommendation to the client as to the type of contractor who\ncould remedy the source of the mold or the moisture causing the mold.\n  3. A mold assessment licensee who determines that remediation has been\nsuccessful shall issue a written passed clearance report to the client\nat the conclusion of each mold remediation project.\n  4. If the mold assessment licensee determines that remediation has not\nbeen successful, the licensee shall issue a written final status report\nto the client and to the remediation licensee and recommend to the\nclient that either a new assessment be conducted, that the remediation\nplan as originally developed be completed, or the underlying causes of\nmold be addressed, as appropriate.\n
N.Y. EDN Law § 2503 — New York Code / Act EDN / Title 2 / Article 51 / Section 2503
Powers and duties of board of education
Status: in_force

§ 2503. Powers and duties of board of education. Subject to the\nprovisions of this chapter, the board of education:\n  1. Shall perform any duty imposed upon or exercise any power granted\nto boards of education of city school districts or union free school\ndistricts or trustees of common school districts under this chapter or\nother statutes, or the rules of the regents and regulations of the\ncommissioner of education so far as they may be applicable to the school\nor other educational affairs of a city school district, and not\ninconsistent with the provisions of this article.\n  2. Shall prescribe such regulations and by-laws as may be necessary to\nmake effectual the provisions of this chapter and for the conduct of the\nproceedings of said board and the transaction of its business affairs,\nfor the general management, operation, control, maintenance and\ndiscipline of the schools, and of all other educational, social or\nrecreational activities and other interests under its charge or\ndirection.\n  3. Shall have in all respects the superintendence, management and\ncontrol of the educational affairs of the district, and, therefore,\nshall have all the powers reasonably necessary to exercise powers\ngranted expressly or by implication and to discharge duties imposed\nexpressly or by implication by this chapter or other statutes.\n  4. a. Shall establish and maintain such free elementary schools, high\nschools, training schools, vocational and industrial schools, technical\nschools, night schools, part-time schools, vacation schools, schools for\nadults, schools for physically or mentally handicapped or delinquent\nchildren or such other schools or classes as such board shall deem\nnecessary to meet the needs and demands of the city.\n  b. May maintain public libraries pursuant to section two hundred\nfifty-five of this chapter, or may contract with any public library or\nany free association library registered by the regents pursuant to\nsection two hundred fifty-six thereof; may organize and maintain public\nlecture courses; and shall establish and equip such playgrounds,\nrecreation centers and social centers as the board from time to time\nshall deem proper.\n  c. Shall authorize the general courses of study which shall be given\nin the schools and shall approve the content of such courses before they\nbecome operative.\n  d. Shall authorize and determine the textbooks to be used in the\nschools under its jurisdiction; and shall regulate the admission of\npupils and their transfer from one class, or grade to another as their\nscholarship shall warrant; and shall determine the school where each\npupil shall attend.\n  5. Shall create, abolish, maintain and consolidate such positions,\ndivisions, boards or bureaus as, in its judgment, may be necessary for\nthe proper and efficient administration of its work; shall appoint\nproperly qualified persons to fill such positions, including a\nsuperintendent of schools, such associate, assistant and other\nsuperintendents, directors, supervisors, principals, teachers,\nlecturers, special instructors, medical inspectors, nurses, claims\nauditors, deputy claims auditors, attendance officers, secretaries,\nclerks, custodians, janitors and other employees and other persons or\nexperts in educational, social or recreational work or in the business\nmanagement or direction of its affairs as said board shall determine\nnecessary for the efficient management of the schools and other\neducational, social, recreational and business activities; and shall\ndetermine their duties except as otherwise provided herein.\n  6. Shall have the care, custody, control, safekeeping and maintenance\nof all school property or other property used for educational, social or\nrecreational work of the district, and shall prescribe rules and\nregulations for the preservation of such property. This subdivision\nshall not apply to property used for social or recreational programs of\nmunicipalities not established or maintained exclusively for educational\npurposes.\n  7. Shall purchase and furnish such apparatus, maps, globes, books,\nfurniture and other equipment and supplies as may be necessary for the\nproper and efficient management of the schools and other educational,\nsocial and recreational activities and interests under its management\nand control; and may, without authorization by the voters, provide\ntextbooks or other supplies to all the children attending the schools of\nsuch city school district.\n  7-a. To develop a plan to ensure that all instructional materials to\nbe used in the schools of the district are available in a usable\nalternative format for each student with a disability, as defined in\nsection forty-four hundred one of this chapter, and for each student who\nis a qualified individual with a disability as defined in the\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as\namended, in accordance with his or her educational needs and course\nselection, at the same time as such instructional materials are\navailable to non-disabled students. As part of such plan, the board of\neducation shall amend its procurement policies to give a preference in\nthe purchase of instructional materials to vendors who agree to provide\nmaterials in alternative formats. For purposes of this subdivision,\n"alternative format" shall mean any medium or format for the\npresentation of instructional materials, other than a traditional print\ntextbook, that is needed as an accommodation for a disabled student\nenrolled in the school district, including but not limited to Braille,\nlarge print, open and closed captioned, audio, or an electronic file in\nan approved format, as defined in the regulations of the commissioner.\nWhen an electronic file is provided, the plan shall specify how the\nformat will be accessed by students and/or how the district shall\nconvert to an accessible format. Such plan shall identify the needs of\nstudents residing in the district for alternative format materials. Such\nplan shall also specify ordering timelines to ensure that alternative\nformat materials are available at the same time as regular format\nmaterials. Such plans shall include procedures to address the need to\nobtain materials in alternative format without delay for disabled\nstudents who move into the school district during the school year.\n  8. Shall lease, for such term as may be necessary, and equip property\nwhen necessary for the purpose of furnishing school accommodations for\nthe schools of the district and may enter into leases or lease-purchase\nagreements under the same terms and conditions as may boards of\neducation of union free school districts. To be eligible for aid\npursuant to subdivision six of section thirty-six hundred two of this\nchapter, any such lease or lease-purchase agreement shall be approved by\nthe commissioner prior to execution; the leased space shall meet\nrequirements for access by individuals with disabilities to both\nfacilities and programs, as defined in regulations of the commissioner;\nthe requirements set forth in paragraphs a, b, c, d and f of subdivision\none of section four hundred three-b of this chapter shall be met; in the\ncase of a lease-purchase agreement the requirements of section one\nhundred three-b of the general municipal law shall be met; and the\nleased space shall be used to house programs for pupils in grades\nprekindergarten through twelve, other than programs funded pursuant to\nsection forty-four hundred ten of this chapter, with minimal associated\nadministrative and support services space as approved by the\ncommissioner.\n  9. a. Shall promote the best interests of the schools and other\nactivities committed to its care, and shall authorize, or in its\ndiscretion conduct, and maintain such extra classroom activities,\nincluding the operation of cafeterias or restaurant service for use by\npupils and teachers, as the board, from time to time, shall deem proper.\nSuch cafeterias or restaurant service may be used by the community for\nschool related functions and activities and to furnish meals to the\nelderly residents, sixty years of age or older, of the district. Such\nutilization shall be subject to the approval of the board of education,\nand shall be subject to voter approval unless the cafeteria or\nrestaurant service was operated during the preceding school year and\nrequires no tax levy. Charges shall be sufficient to meet the direct\ncost of preparing and serving such meals, reducible by available\nreimbursements.\n  b. For the purposes of this section, a general organization of\nstudents of a school conducted under the rules and regulations of the\nboard of education or with its approval, and engaged in extra classroom\nactivities other than the operation of a cafeteria or restaurant service\nshall be known as a student organization. Moneys received or derived\nfrom carrying on such extra classroom activity shall be subject to the\nuse and disposition of such student organization under rules and\nregulations prescribed by the board of education, which rules and\nregulations may require the deposit of such moneys with an official\ndesignated therein.\n  10. May compensate, in its discretion, teachers and other employees\nfor loss of personal property but shall provide workmen's compensation\ncoverage as provided in the workmen's compensation law for all teachers\nand other employees for injuries incurred in actual performance of duty.\n  10-a. In its discretion, to provide under a group insurance policy or\npolicies issued by any insurance company or insurance companies\nauthorized to do business in this state or under a group contract issued\nby one or more corporations subject to article forty-three of the\ninsurance law, life insurance or accident and health insurance benefits\nor medical and surgical benefits or hospital service benefits or any two\nor more of such kinds of benefits to teachers and other employees of the\nschool district who participate in a plan or plans, as hereinafter\nprovided. The disbursing officer of the school district is authorized to\ndeduct from the salary of such participant with his prior consent, in\nwriting, the sums representing the participant's share of the premium or\npremiums which are payable by such officer to such insurance company or\ncorporation. Such board of education is authorized to pay from such\nmoneys as are available for the purpose, a share of the cost of such\nbenefit or benefits in such amount as is required to be paid under such\ngroup insurance policy or policies or group contract or contracts by the\nboard of education, as employer. The sum to be paid by the board of\neducation under such policy or policies or contract or contracts, in the\ndiscretion of such board may be any percentage of the total cost of the\nbenefit or benefits including the whole thereof.\n  10-b. In its discretion, to purchase insurance against personal\ninjuries incurred by an authorized participant in a school volunteer\nprogram, including but not limited to, those authorized participants who\nassist on school buses, school sponsored transportation to and from\nschool, or on school sponsored field trips or any other school sponsored\nactivity; provided, however, that the injuries were incurred while the\nauthorized participant was functioning either within the scope of his or\nher authorized volunteer duties or under the direction of the board of\neducation, trustee, or board of cooperative educational services, or\nboth.\n  11. Shall provide transportation, home teaching or special classes, as\ndefined under sections forty-four hundred one and forty-four hundred two\nof this chapter for physically or mentally handicapped and delinquent\nchildren. Such transportation, home teaching or special classes, when\nprovided pursuant to this subdivision, shall be granted to all such\nchildren irrespective of the school they legally attend.\n  12. Shall provide by contract or otherwise for the transportation of\nchildren to and from any school or institution of learning whenever in\nits judgment such transportation is required because of the remoteness\nof the school to the pupil or for the promotion of the best interests of\nsuch children; and, in the case of an enlarged city school district,\nshall provide such transportation to children residing outside the city\nlimits and may, in its discretion, provide transportation for children\nresiding within the city limits.   Any such contract may be made for a\nperiod of not exceeding five years, notwithstanding any provision of any\ncharter or other provision of law inconsistent herewith. Provided that\nthe cost of such transportation:\n  a.  to and from schools within the school district for distances\ngreater than two or three miles, as applicable, and to and from schools\noutside the district within the mileage limitations prescribed in\nparagraph a of subdivision one of section thirty-six hundred thirty-five\nof this chapter shall always be an ordinary contingent expense, and\n  b. for distances less than two or three miles, as applicable, or for\ngreater than fifteen miles to and from schools outside the district\nshall be an ordinary contingent expense if: (i) such transportation was\nprovided during the preceding school year and the qualified voters have\nnot passed a special proposition constricting the mileage limitations\nfor the current school year from those in effect in the prior year, or\n(ii) the qualified voters have passed a special proposition expanding\nthe mileage limitations in effect in the prior year.\n  12-a. May lease a motor vehicle or vehicles for the transportation of\nchildren of the district under the same terms and conditions as the\nboard of education of a union free school district.\n  13. Shall provide, outside the territorial limits of the city school\ndistrict but within the state, for the education of children resident\nwithin the city school district whenever in the judgment of the board of\neducation, approved by the commissioner of education, the health or\nwelfare of such children makes such provision necessary or desirable.\nThe average daily attendance of such pupils shall be included in the\naverage daily attendance of such district as certified to the\ncommissioner in the report of the board of education\n  14.  Shall call special district meetings of the qualified voters of\nthe district, whenever it shall deem it necessary and proper, except as\notherwise provided in section twenty-six hundred one-a of this chapter;\nshall give notice of special or annual elections; and shall submit\npropositions to the voters at such special or annual meetings.\n  15. Shall appoint and compensate a school district clerk, who shall\nalso be the clerk of the board of education, and a school district\ntreasurer, who shall hold their respective offices during the pleasure\nof the board. It shall be the duty of the school district treasurer to\nmaintain detailed accounting records showing the status of each\nappropriation, provided however that the board of education may delegate\nsuch duty to an employee designated for such purpose. No city officer\nshall be appointed to any such office, unless the common council or\nother legislative body of the city shall give its consent thereto in\nwriting.\n  16. Shall have power to contract with the city, subject to the\napproval of the commissioner of education in all cases where such use,\naccording to a rule established by such commissioner, might affect the\neducational program, for the use of agencies, employees and facilities\nof the city, paying to the city its agreed proportion of the\ncompensation or costs but no agreement therefor shall be made for a\nperiod longer than five years.\n  Notwithstanding the foregoing provisions, a city school district which\nemploys the facilities and services of the civil service commission of\nthe city in which it is located in whole or in part shall pay a\nfractional part of the actual annual expenditures for such civil service\ncommission on or before the first day of November in each year. The\nnumerator of such fraction shall be the number of classified civil\nservice employees of the city school district multiplied by the amount\nof expenditures for such commission during the city's previous fiscal\nyear, and the denominator shall be the total of the number of classified\ncivil service employees of the city and the city school district. For\nthe purpose of making such computation the numbers of classified civil\nservice employees as shall appear on the payrolls of the city and the\ncity school district for the final payroll period in December of the\npreceding year shall be used.\n  17. In its discretion, and with the written consent of any employee,\nto deduct from the salary of such employee such amount as may be agreed\nto by such employee for payment to any credit union doing business in\nthe state of New York as such employee may designate. Any such written\nauthorization may be withdrawn by such employee at any time.\n  18. a. Shall require, for purposes of a criminal history record check,\nthe fingerprinting of all prospective employees pursuant to section\nthree thousand thirty-five of this chapter, who do not hold valid\nclearance pursuant to such section or pursuant to section three thousand\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\nfingerprinting process, the prospective employer shall furnish the\napplicant with the form described in paragraph (c) of subdivision thirty\nof section three hundred five of this chapter and shall obtain the\napplicant's consent to the criminal history records search. Every set of\nfingerprints taken pursuant to this subdivision shall be promptly\nsubmitted to the commissioner for purposes of clearance for employment.\n  b. Upon the recommendation of the superintendent, the board may\nconditionally appoint a prospective employee. A request for conditional\nclearance shall be forwarded to the commissioner along with the\nprospective employee's fingerprints, as required by paragraph a of this\nsubdivision. Such appointment shall not commence until notification by\nthe commissioner that the prospective employee has been conditionally\ncleared for employment and shall terminate forty-five days after such\nnotification of conditional clearance or when the prospective employer\nis notified of a determination by the commissioner to grant or deny\nclearance, whichever occurs earlier, and may not be extended or renewed\nunless the commissioner issues a new conditional clearance after finding\nthat there was good cause for failing to obtain clearance within such\nperiod, provided that if clearance is granted, the appointment shall\ncontinue and the conditional status shall be removed. Prior to\ncommencement of such conditional appointment, the prospective employer\nshall obtain a signed statement for conditional appointment from the\nprospective employee, indicating whether, to the best of his or her\nknowledge, he or she has a pending criminal charge or criminal\nconviction in any jurisdiction outside the state.\n  c. Upon the recommendation of the superintendent, the board may make\nan emergency conditional appointment when an unforeseen emergency\nvacancy has occurred. When such appointment is made, the process for\nconditional appointment pursuant to paragraph b of this subdivision must\nalso be initiated. Emergency conditional appointment may commence prior\nto notification from the commissioner on conditional clearance but shall\nterminate twenty business days from the date such appointment commences\nor when the prospective employer is notified by the commissioner\nregarding conditional clearance, whichever occurs earlier, provided that\nif conditional clearance is granted, the appointment shall continue as a\nconditional appointment. Prior to the commencement of such appointment,\nthe prospective employer must obtain a signed statement for emergency\nconditional appointment from the prospective employee, indicating\nwhether, to the best of his or her knowledge, he or she has a pending\ncriminal charge or criminal conviction in any jurisdiction. An\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\noccurred less than ten business days before the start of any school\nsession, including summer school, or during any school session,\nincluding summer school, without sufficient notice to allow for\nclearance or conditional clearance; (ii) when no other qualified person\nis available to fill the vacancy temporarily; and (iii) when emergency\nconditional appointment is necessary to maintain services which the\ndistrict is legally required to provide or services necessary to protect\nthe health, education or safety of students or staff. The provisions of\nsubparagraph (i) of this paragraph shall not apply if the board finds\nthat the district has been unable to fill the vacancy despite good faith\nefforts to fill such vacancy in a manner which would have allowed\nsufficient time for clearance or conditional clearance.\n  d. Shall develop a policy for the safety of the children who have\ncontact with an employee holding conditional appointment or emergency\nconditional appointment.\n  19. Shall upon commencement and termination of employment of an\nemployee by the school district, provide the commissioner with the name\nof and position held by such employee.\n  20. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n  * 21. To pass a resolution, in the discretion of the board of such\ndistrict, authorizing the entering of an agreement with the city within\nsuch district, for the installation and use of school bus photo\nviolation monitoring systems pursuant to section eleven hundred\nseventy-four-a of the vehicle and traffic law, provided that the\npurchase, lease, installation, operation and maintenance, or any other\ncosts associated with such cameras shall not be considered an aidable\nexpense pursuant to section thirty-six hundred twenty-three-a of this\nchapter.\n  * NB Repealed December 1, 2029\n
N.Y. PBA Law § 3405 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3405
Special powers of the corporation
Status: in_force

§ 3405. Special powers of the corporation. In order to effectuate the\npurposes of this title, the corporation shall have the following\nadditional powers, subject to this title, the civil practice law and\nrules, the public health law, the mental hygiene law, the social\nservices law, the education law and any other applicable law or\nregulation:\n  1. To operate, manage, superintend and control any health facility\nunder its jurisdiction and to repair, maintain and otherwise keep up any\nsuch health facility; and to establish and collect fees, rentals, and\nother charges for the sale, lease or sublease of any such health\nfacility, subject to the terms and conditions of any contract, lease,\nsublease or other agreement with the county;\n  2. To provide health and medical services for the public directly or\nby agreement or lease with any person, firm or private or public\ncorporation or association through or in the health facilities of the\ncorporation or otherwise and to make internal policies governing\nadmissions and health and medical services; and to establish and collect\nfees and other charges for the provision of such health and medical\nservices; and to provide and maintain resident physician and intern\nmedical services; and to sponsor and conduct research, educational and\ntraining programs;\n  3. To enter into contracts, leases, subleases and other agreements for\nthe purpose of affiliating with a medical college or related educational\nagency or institution in conjunction with the corporation's health\nfacilities, which agreements may provide for the management, operation\nand staffing of health facilities, the reconstruction, renovation or\naddition to health facilities; the provision of necessary facilities,\nutilities and services; and such other conditions or features necessary\nand proper for such purpose and for the public health and general\nwelfare;\n  4. To determine the conditions under which a physician may be extended\nthe privilege of practicing within a health facility under the\njurisdiction of the corporation, and to promulgate reasonable internal\npolicies for the conduct of all persons, physicians and nurses within\nsuch facility; and\n  5. (a) Except as otherwise provided in any applicable law or\nregulation, to exercise and perform all or part of its purposes, powers,\nduties, functions or activities through one or more subsidiary entities\nowned or controlled wholly or in part by the corporation, which shall be\nformed pursuant to the business corporation law, the limited liability\ncompany law, or the not-for-profit corporation law, in each case subject\nto all the limitations provided in this article.\n  (b) Any such subsidiary may be authorized to act as a general or\nlimited partner in a partnership or as a member of a limited liability\ncompany, and enter into an arrangement calling for an initial and\nsubsequent payment by such subsidiary in consideration of an interest in\nrevenues or other contractual rights.\n  (c) An entity shall be deemed a subsidiary whenever and so long as (i)\nmore than half of any voting shares of such subsidiary are owned or held\nby the corporation or (ii) a majority of the directors, trustees or\nmembers of such subsidiary are designees of the corporation.\n  (d) The corporation may transfer to any subsidiary entity any monies,\nreal or personal or mixed property in order to carry out the purposes of\nthis title, subject to the rights of the holders of any bonds of the\ncorporation.\n  (e) Any subsidiary which provides health care services previously\nprovided by the county and transferred by the corporation to the\nsubsidiary shall comply with and be subject to subdivision nine of this\nsection and subdivisions seven through ten inclusive of section\nthirty-four hundred two, sections thirty-four hundred ten, thirty-four\nhundred sixteen, thirty-four hundred seventeen and thirty-four hundred\neighteen of this title as applicable. The transfer of any monies, real\nor personal or mixed property to a subsidiary shall be governed by any\nrestrictions or limitations as the county may establish in the agreement\nbetween the county and the corporation as described in subdivision two\nof section thirty-four hundred six of this title.\n  (f) Any material change in the operation of a health facility that\noccurs pursuant to a transfer or agreement between the corporation and\nany of its subsidiaries shall require the board of such corporation or\nsubsidiary to provide written notice of such transfer or agreement to\nthe county executive and majority leader and minority leader of the\ncounty legislature within seven days of such transfer.\n  6. To contract with the county for related public health services to\nbe determined by the county and the corporation.\n  7. To negotiate and make any payments in lieu of taxes with any\npolitical subdivision where the corporation holds real estate.\n  8. To contract with the county to provide, in whole or in part, health\ncare services, and to operate facilities and programs which provide\nhealth care services.\n  9. To provide uncompensated care to persons in need of health care\nservices without the ability to pay.\n  10. (a) In carrying out its health care purposes through the exercise\nof the special powers exercised pursuant to this section and the general\npowers exercised pursuant to section thirty-four hundred four of this\ntitle, the corporation is authorized to engage in arrangements,\ncontracts, information sharing and other collaborative activities with\npublic or private entities and individuals irrespective of the\ncompetitive consequences of these activities and notwithstanding that\nthese activities may have the effect of displacing competition in the\nprovision of hospital, physician, or other health care-related services.\nThese collaborative activities may include without limitation: joint\nventures; joint negotiations with physicians, hospitals and payors,\nwhether such negotiations result in separate or combined agreements;\nleases; and/or agreements which involve delivery system network creation\nand operation, provided that, the corporation shall exercise state\noversight by determining whether particular collaborations with public\nor private entities and individuals further the interests of the state\nas set forth in this subdivision and in subdivision three of section\nthirty-four hundred one of this title. In undertaking these\ncollaborative activities, the corporation and the public or private\nentities and individuals with which it collaborates shall be immunized\nfrom liability under the federal and state antitrust laws.\n  (b) Notwithstanding the provisions of this section, the corporation\nand its collaborators shall remain subject to generally applicable\nprovisions of the public health law and regulations thereunder. In\naddition, the corporation shall file an annual report with the state\ndepartment of health, as additional state oversight, concerning the\nimpact of the collaborations authorized under this section on the\nadvantages and disadvantages identified by the department of health in\nits request for applications for HEAL NY Phase 21, entitled\n"Restructuring Initiatives in Medicaid Redesign," and concerning the\nimpact on reimbursement to the corporation's facilities by managed care\norganizations with respect to commercial plan members, including the\nextent to which rates have been negotiated that more fairly compensate\nthe corporation's facilities for the cost of providing services to\ncommercial enrollees, without cross-subsidy from medicaid or other\ngovernmental programs. In response to the report, the department of\nhealth shall have sixty days after the report has been filed to request,\nin writing, that the corporation make changes to its policies to ensure\nthat the collaborations authorized under this section further the\ninterests of the state.\n
N.Y. RPT Law § 322 — New York Code / Act RPT / Article 3 / Title 2 / Section 322
Failure to obtain or maintain certification
Status: in_force

§ 322. Failure to obtain or maintain certification. 1. The\ncommissioner shall conduct a hearing upon notice to the assessor and the\nclerk of the local government for which the assessor serves, such\nhearing to be conducted within the county where the assessing unit is\nlocated no later than thirty days after delivery of such notice, where\nit appears that an assessor has failed:\n  (a) within the applicable period to file, with the clerk of the local\ngovernment for which the assessor serves, a certificate of the\ncommissioner stating that he or she has fulfilled the requirements of\nsection three hundred eighteen of this title; or\n  (b) to file, with the clerk of the local government for which the\nassessor serves, a temporary certificate as provided in subdivision four\nof this section; or\n  (c) to meet the standards required by subdivision four of section\nthree hundred ten of this title for appointive assessors; or\n  (d) to file, with the clerk of the local government for which the\nassessor serves, a certificate issued by the commissioner that he or she\nhas completed the one day orientation course; or\n  (e) to maintain the continuity of any interim certification issued by\nthe commissioner; or\n  (f) to complete continuing education as prescribed by the\ncommissioner, pursuant to subdivision five of section three hundred ten\nof this title, for appointive assessors.\n  2. If, after such hearing, the commissioner finds that an assessor has\nfailed to comply with any applicable requirements as stated in\nsubdivision one of this section, the appointment of that assessor shall\nbe revoked if appointive, or the office of that assessor shall become\nvacant if elective.\n  3. No assessor, once having been so removed from office, shall be\nappointed to the unexpired term of the office from which he or she has\nbeen removed.\n  4. In the event that an assessor shall have been unable to enroll in\nor complete any course of training and education for reasons beyond his\nor her control and as a result thereof, is not certified, the\ncommissioner may issue a temporary certificate which will enable the\nassessor to continue in office pending completion of such course at the\nearliest date when such course is next available as specified by the\ncommissioner.  Such temporary certificate shall be filed with the clerk\nof the local government for which the assessor serves and shall permit\nthe assessor to continue in office for the period set forth therein.\nUpon the expiration of such temporary certificate and after a hearing as\nhereinabove provided, the appointment of an assessor shall be revoked in\nthe case of an appointive assessor or such office shall become vacant in\nthe case of an elective assessor unless the assessor has filed a\ncertificate as hereinabove provided.\n  5. In any hearing conducted pursuant to this section, a statement\nsigned by the secretary of the commissioner or other state office\nemployee as designated by rule of the commissioner stating that he or\nshe has made a diligent search of the records of the department and has\nfound no record, entry or filing of a specified nature, shall be prima\nfacie evidence that the records of the department contain no such\nrecord, entry or filing.\n
N.Y. PBH Law § 321 — New York Code / Act PBH / Article 3 / Title 2 / Section 321
Local health officer; power of commissioner to appoint; expenses
Status: in_force

§ 321. Local health officer; power of commissioner to appoint;\nexpenses.  1. If any local board of health fails to appoint a health\nofficer qualified as provided in the sanitary code, the commissioner may\nexercise the powers of a health officer in such municipality, or\ndesignate a health officer qualified as provided in the sanitary code,\nto exercise such powers.\n  2. The expenses lawfully incurred by the commissioner in such\nmunicipality shall be a charge upon and paid by such municipality until\nsuch time as a local health officer shall be appointed therein,\nwhereupon the jurisdiction conferred by this section on the commissioner\nor other person designated by him shall cease.\n
N.Y. PBH Law § 4217 — New York Code / Act PBH / Article 42 / Title 2 / Section 4217
Receiving stolen body of a human being
Status: in_force

§ 4217. Receiving stolen body of a human being. A person who\npurchases, or receives except for the purpose of burial, the dead body\nof a human being, or any tissue, organ, or part thereof, knowing that\nthe same has been removed contrary to section forty-two hundred sixteen\nof this title, is guilty of a misdemeanor.\n
N.Y. ELN Law § 3-214 — New York Code / Act ELN / Article 3 / Title 2 / Section 3-214
Board of elections; general office and branches, hours
Status: in_force

§ 3-214. Board of elections; general office and branches, hours.  1.\nThe board of elections in the city of New York shall maintain an office\nin the borough of Manhattan, which shall be the headquarters of such\nboard, and an office in each borough of the city. Elsewhere, in each\ncounty, the county legislative body shall provide the board of elections\nfor such county with proper and suitable offices.\n  2. Any board of elections may establish as many fixed branch offices\nas it deems necessary.\n  3. Each office shall be open at least every business day during usual\nbusiness hours, except that each central board office shall be open for\nthe receipt of papers at least between the hours of nine A.M. and five\nP.M. on the last day on which a paper may be filed with it and on such\nother days and hours as may be required herein. In each of the two\ncalendar weeks before each general election, each office shall remain\nopen on at least two business days until at least seven P.M. and on\nSaturdays from not later than nine A.M. until at least noon. In the city\nof New York, each office shall also remain open on the Sunday before the\ngeneral election from not later than ten A.M. until at least one P.M.\n
N.Y. RPT Law § 478 — New York Code / Act RPT / Article 4 / Title 2 / Section 478
Tax exemption for off-street parking facilities providing underground shelters
Status: in_force

§ 478.  Tax exemption for off-street parking facilities providing\nunderground shelters. A city or a village may by local law, duly\nenacted, provide that any building, whether constructed underground or\nabove ground, which is constructed for the purpose of providing\nautomobile parking, or any existing building, not presently used for\noff-street automobile parking, which is altered, remodeled or\nreconstructed for such purpose, and which provides underground shelter\ncomplying with the provisions of the New York state defense emergency\nact and the plan, regulations and orders of the state civil defense\ncommission promulgated thereunder shall be exempt from taxation for a\nperiod of not to exceed twenty-five years after the taxable status date\nimmediately following completion of such construction, alteration,\nremodeling or reconstruction; provided, however, that no such building\nshall be exempt from taxation as herein provided unless (a) such\nbuilding has a minimum parking capacity of:  in the city of New York,\ntwo hundred fifty cars; in Buffalo, Rochester, Syracuse, Utica, Albany\nand Yonkers, one hundred fifty cars; and in other cities or villages of\nthe state, seventy-five cars and (b) at least seventy-five per centum of\nthe total floor area of the building is used exclusively for providing\noff-street parking for automobiles.  The exemption shall apply only to\nthat portion of the building used for such purpose including an office\nand waiting room and shall not include the land upon which or under\nwhich such building stands.\n  No provision of this section shall be construed or interpreted as\naffecting the validity of any ordinance enacted prior to July first,\nnineteen hundred sixty-six, or actions taken thereunder by the\ngovernment of any county, city, town or village.\n
N.Y. RPT Law § 314 — New York Code / Act RPT / Article 3 / Title 2 / Section 314
Acting assessor
Status: in_force

§ 314. Acting assessor. 1. In the event that an assessor appointed\npursuant to the provisions of section three hundred ten of this title is\nunable to perform the duties of the office or the office becomes vacant,\nthe appointing authority may by resolution designate or appoint an\nacting assessor. Where an acting assessor is designated or appointed\npursuant to this section, the appointing authority shall notify the\ncommissioner within fifteen days of making such designation or\nappointment. The acting assessor shall function as assessor until such\ntime as the assessor is able to resume the position or until a\nreplacement is appointed. In the event an acting assessor functions as\nassessor for more than six months, then such acting assessor shall be\nrequired to meet the minimum qualification standards and to obtain\ncertification as required by this title for persons elected or appointed\nto the office of assessor.\n  2. In the event that an elective assessor is unable to perform the\nduties of the office, the legislative body may by resolution designate\nor appoint an acting assessor. Where an acting assessor is designated or\nappointed pursuant to this section, the legislative body shall notify\nthe commissioner within fifteen days of making such designation or\nappointment. The acting assessor shall function as the assessor or\nmember of the board of assessors until such time as the assessor is able\nto resume the position, a replacement is appointed, or a successor is\nelected. In no event may an acting assessor appointed pursuant to this\nsubdivision function as assessor for more than three months. Nothing\nherein shall be deemed to supersede the provisions of the public\nofficers law on the filling of vacancies in elective offices.\n
N.Y. PBA Law § 530 — New York Code / Act PBA / Article 3 / Title 2 / Section 530
Construction contracts
Status: in_force

§ 530. Construction contracts. The authority shall construct the\nbridges pursuant to a contract or contracts. Such contracts shall be let\nunder the supervision of the commissioner and shall be subject to his\napproval. Such contracts shall be let by the authority in the manner, so\nfar as practicable, provided in section thirty-eight of the highway law,\nbut failure to comply with such section shall not invalidate such\ncontracts. Requisitions for the payments to be made pursuant to such\ncontracts shall be approved by the commissioner. The work under such\ncontracts shall be subject to the supervision and approval of the\ncommissioner.\n
N.Y. MDW Law § 190 — New York Code / Act MDW / Article 6 / Title 2 / Section 190
Cellar stairs
Status: in_force

§ 190. Cellar stairs. 1. Except as provided in paragraph g of\nsubdivision three of section one hundred seventy-one, and except as\notherwise provided in subdivision two hereof, every stair leading from a\ncellar to the floor above shall be constructed of incombustible\nmaterials, shall have closed risers, shall be completely enclosed with\npartitions of incombustible materials and shall be equipped at the\nbottom with a fireproof door and assembly with the door self-closing.\n  2. Every existing stair leading from a cellar to the floor above in a\nconverted dwelling accepted or approved by the department on or before\nJuly first, nineteen hundred sixty shall be deemed in compliance with\nthis section.\n
N.Y. MDW Law § 237 — New York Code / Act MDW / Article 7 / Title 2 / Section 237
Stair construction
Status: in_force

§ 237. Stair construction. 1. Every stair in a tenement erected after\nApril twelfth, nineteen hundred one, shall be accessible on the entrance\nstory from a street or street court, or from an inner court which\nconnects directly with a street.\n  2. All such stairs shall have risers of eight inches or less and\ntreads at least ten inches in clear width and three feet in clear\nlength.\n  3. Winding stairs shall be unlawful except in a tenement provided with\na passenger elevator. When winding stairs or radial steps are installed\nor used, the strings from which the risers radiate shall be curved on a\ncircle of at least one foot diameter, the treads shall be at least four\ninches wide at the string, not including the nosing, and the angle\nformed by the face of each riser and the string shall not diverge more\nthan forty degrees from a line normal to the string at the intersection\nof such riser. It shall be unlawful to construct new winding stairs.\n  4. Stairs constructed after April eighteenth, nineteen hundred\ntwenty-nine, shall comply with the provisions of subdivisions two to six\ninclusive of section fifty-two.\n
N.Y. RPT Law § 489-LL — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-LL
Final determination of railroad ceiling; certificate
Status: in_force

§ 489-ll. Final determination of railroad ceiling; certificate. 1.\nAfter the hearing provided for in section four hundred eighty-nine-kk of\nthis title, the state board of real property tax services shall finally\ndetermine the railroad ceiling for the railroad real property of each\nrailroad company situated in each assessing unit. Whenever upon\ncomplaint the state board shall revise the local reproduction cost of a\nrailroad company in an assessing unit, it shall revise the appropriate\nrailroad ceiling to reflect such revision, but it shall not, on account\nof such revision, modify any other determination with respect to the\nrailroad ceilings for such railroad company for such year.\nNotwithstanding the fact that no complaint shall have been filed with\nrespect to a tentative determination of a railroad ceiling, the state\nboard shall give effect to any special equalization rate established\npursuant to subdivision two of section four hundred eighty-nine-jj of\nthis title prior to the final determination of the railroad ceiling.\n  2. Not later than ten days before the last date prescribed by law for\nthe levy of taxes, the state board shall file a certificate setting\nforth each railroad ceiling as finally determined with the assessor of\nthe appropriate assessing unit or the town or county assessor who\nprepares a copy of the applicable part of the town or county assessment\nroll for village tax purposes as provided in subdivision three of\nsection fourteen hundred two of this chapter, and at the same time shall\ntransmit to each railroad company for which such ceiling has been\ndetermined a duplicate copy of such certificate.\n  3. Any final determination of a railroad ceiling by the state board\npursuant to subdivision one of this section shall be subject to judicial\nreview in a proceeding under article seventy-eight of the civil practice\nlaw and rules.\n
N.Y. EDN Law § 2017 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2017
Division of union free school district into election districts
Status: in_force

§ 2017. Division of union free school district into election\ndistricts.  1. In any union free school district having personal\nregistration of voters pursuant to section two thousand fourteen of this\nchapter, the board of education may upon its own motion divide the\nschool district into election districts, and shall upon the petition of\ntwenty-five qualified voters of the district, or five percent of the\nvoters who voted in the previous annual election of the members of the\nboard of education, whichever is greater, cause to be submitted at an\nannual or special meeting, a proposition to divide such school district\ninto election districts provided, however, that in each election\ndistrict the number of qualified voters shall at least equal three\nhundred.\n  2. If it is determined to divide the district into election districts,\nthe board of education shall immediately thereafter and not less than\nthirty days prior to an annual or special meeting or election, within\nsuch district, adopt a resolution dividing the school district into such\nnumber of election districts as the board of education may determine.\nThe school district shall be so divided that if circumstances will\npermit, there shall be a schoolhouse in each election district or in as\nmany of such election districts as possible. The election districts so\nformed shall continue in existence until modified by resolution of the\nboard of education. Such resolution shall accurately describe the\nboundaries of each such district by streets, alleys and highways, or\notherwise. School meetings and elections shall thereafter be held so far\nas may be possible in the public schoolhouses within any such school\nelection district. The board of education shall designate the place\nwithin each election district where the meeting or election shall be\nheld.\n
N.Y. PBA Law § 1045-K — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-K
Tax exemption of the water board property and activities
Status: in_force

§ 1045-k. Tax exemption of the water board property and activities. 1.\nIt is hereby determined that the creation of a water board and the\ncarrying out of its corporate purposes is in all respects for the\nbenefit of the city and is a public purpose and the water board shall be\nregarded as performing a governmental function in the exercise of the\npowers conferred upon it by this title and shall not be required to pay\nany taxes, special ad valorem levies or special assessments upon any\nreal property owned by it or any filing, recording or transfer fees or\ntaxes in relation to instruments filed, recorded or transferred by it or\non its behalf. The water board shall be deemed a public authority for\nthe purposes of section four hundred twelve of the real property tax\nlaw.\n  2. Notwithstanding the provisions of subdivisions one and four of this\nsection, any real property of the water board located outside the\nboundaries of the city, shall be exempt from the payment of taxes,\nspecial ad valorem levies and special assessments only if and to the\nextent that such real property would have been exempt if owned by the\ncity.\n  3. Notwithstanding any provision in this section to the contrary, the\nwater board may pay, or may enter into agreements with any municipality\nto pay, a sum or sums, annually or otherwise, or to provide other\nconsiderations to such municipality, with respect to real property of\nthe water board located within such municipality and provided that any\nsuch payment or agreement to pay shall be subject to approval by the\nauthority.\n  4. The water board shall not be required to pay any taxes or other\ngovernmental fees or charges, whether imposed by the state or any\nmunicipality, including without limitation franchise taxes, sales taxes\nor other excise taxes, or any other tax or charge upon its property or\nactivities or upon any of its revenues or other income.\n
N.Y. RPT Law § 1438 — New York Code / Act RPT / Article 14 / Title 2 / Section 1438
Collection of taxes by village clerk
Status: in_force

§ 1438. Collection of taxes by village clerk. 1. At the annual meeting\nof the board of trustees, such board may determine by resolution that\nthe taxes in the village shall be collected by the village clerk instead\nof the treasurer and thereafter, the clerk shall collect taxes until\nsuch resolution is revoked at a subsequent annual meeting.\n  2. In a village in which such a resolution is in effect, the tax roll\nand warrant shall be signed only by the mayor and shall be directed to\nthe clerk, who shall have all the powers and shall perform all the\nduties of the treasurer set forth in this title with respect to the\ncollection of taxes, so far as practicable. If the tax roll is prepared\nin machine readable form only as provided in article fifteen-C of this\nchapter, the mayor shall sign and file a separate document attesting to\nhis approval of the tax roll and warrant in lieu of signing the roll.\n  3. Within twenty-four hours after receiving the same, all taxes\ncollected by the clerk shall be paid by him to the village treasurer who\nshall deliver to such clerk a written receipt therefor. Upon the\nexpiration of the time for the collection of taxes, the clerk shall file\nthe roll and warrant in his office with a return in accordance with the\ndirections of the warrant showing the total amount of taxes paid and\neach tax unpaid with the receipt of the village treasurer for all taxes\npaid to him.\n  4. In case of the death or disability of the treasurer, or the village\nclerk when so designated as provided by subdivision one of this section,\nor in case of his refusal to act, the board of trustees at a general\nmeeting, or at a special meeting called for such purpose, may appoint a\ntemporary village tax collector. Such collector shall have all the\npowers and duties of a treasurer or village clerk as provided by this\narticle. The provisions of this subdivision shall apply to villages\nhaving a combined office of village clerk-treasurer.\n
N.Y. PBA Law § 529 — New York Code / Act PBA / Article 3 / Title 2 / Section 529
Acquisition of land; dedication by counties, towns or villages
Status: in_force

§ 529. Acquisition of land; dedication by counties, towns or villages.\n1. Whenever the authority shall determine that any real estate or rights\nor easements therein are required for any of the bridges or for highway\nconnections, and the commissioner shall approve such determination, the\ncommissioner shall acquire such real estate or rights or easements\ntherein in the name of the state by dedication, by agreement, by\nacquisition pursuant to the eminent domain procedure law, or by\nappropriation, in the manner provided by section thirty of the highway\nlaw.\n  2. Notwithstanding the provisions of any other law, the board of\nsupervisors of any county, the town board of any town, the common or\ncity council of any city, or the trustees of any village, without any\nelection or meeting of the taxpayers or voters or other authorization,\nis hereby authorized to dedicate to the state for any of the bridges or\nfor highway connections, any real property, easements or rights in land\nowned by such county, town, city or village which the authority may deem\nnecessary.\n