N.Y. RPT Law § 523-B — New York Code / Act RPT / Article 5 / Title 1-A / Section 523-B
Assessment review commission
Status: in_force

§ 523-b. Assessment review commission. 1. The county of Nassau acting\nthrough its local legislative body is hereby authorized and empowered to\nadopt the following as an alternative to section five hundred\ntwenty-three of this title.\n  2. (a) There shall be an assessment review commission to consist of\nnine commissioners who shall be appointed by the county executive\nsubject to approval of the legislature, for a term of five years except\nas specified in paragraph (c) of this subdivision. One commissioner\nshall be designated chairman and shall serve for a term of three years.\nEach commissioner shall have at least five years business experience in\nthe field of real estate or real estate law or experience in a public\nagency or municipal department and shall attend such training courses as\nshall be prescribed by the commissioner pursuant to section five hundred\ntwenty-three of this title. No more than six commissioners shall at any\none time be enrolled voters of the same political party.\n  (b) The members of the board of assessment review serving immediately\nprior to the creation of the assessment review commission shall be\nappointed to initial terms as commissioners of the assessment review\ncommission.\n  (c) The terms of the nine commissioners first appointed pursuant to\nthis section shall be two members for one year, two members for two\nyears, two members for three years, two members for four years, and one\nmember for five years.\n  (d) The assessment review commission shall be charged with the duty of\nreviewing and correcting all assessments of real property made pursuant\nto the provisions of title one of this article.\n  (e) The compensation for the commissioners of the assessment review\ncommission shall be determined and fixed by resolution of the local\nlegislative body.\n  3. (a) Every commissioner shall exercise such other powers and duties\nas the chairman may from time to time assign to such commissioner. The\nchairman may, at his or her discretion, permit individual commissioners\nto hear and determine complaints filed in accordance with this section.\n  (b) Such commission shall recommend to the local legislative body any\nnecessary regulations of the commission, the rules of procedure of the\ncommission and rules for conduct of the commission not inconsistent with\nthe provisions of this chapter. The local legislative body shall adopt\nany such rules and regulations as it deems necessary.\n  (c) The commission shall have the power, within the limits of the\nappropriation made by the local governing body, to employ or contract\nwith such appraisers and other employees as may be necessary in the\nperformance of the duties of the commission. However, any contract which\nexceeds a term of one year or is for an amount in excess of twenty-five\nthousand dollars shall be subject to such approval as the local\nlegislative body shall deem to be necessary. Similarly, no person, firm\nor entity shall be awarded any contracts the aggregate amount of\nexpenditures under which exceeds one hundred thousand dollars over any\none year period without such prior approval.\n  (d) Commissioners and others appointed to the assessment review\ncommission shall be required to disclose on a form prescribed by the\ncommissioner any direct or indirect interest in a property for which a\ncomplaint has been filed. Such disclosure shall be filed with the\nchairman of the board of assessors of the taxing district for which they\nserve, on or before the date when the commission submits the statement\nof assessment changes pursuant to subdivision three of section five\nhundred twenty-five of this title. Any member of a commission who\nknowingly and intentionally fails to disclose such interest shall be\nsubject to a civil fine of two hundred fifty dollars for each such\nomission with respect to property for which a complaint has been filed.\nThe chairman of the board of assessors of the assessing unit may recover\nin the name of such assessing unit in a civil action commenced in any\ncourt of competent jurisdiction such civil penalty in addition to any\nactual damages incurred by the assessing unit. Any recovery shall be\ndeposited to the general fund of the assessing unit. For purposes of\nthis subdivision, a member of the assessment review commission shall be\ndeemed to have a direct or indirect interest in any property for which a\ncomplaint has been filed when the member, spouse, or any of his or her\nminor children:\n  (i) is the owner of such property; or\n  (ii) is an officer, director, partner or employee of an entity which\nis an owner or lessee of such property; or\n  (iii) is an officer, director, partner or associate of a law firm or\nreal estate firm which has a financial interest with the owner or lessee\nof such property; or\n  (iv) legally or beneficially owns or controls stock of a corporation\nwhich is an owner or lessee of such property, provided, however,\nownership of stock shall not constitute an interest where such stock is\nlisted on a major stock exchange or is sold on the over the counter\nmarket and the value thereof is less than ten thousand dollars.\n  4. The assessment review commission may appoint a secretary who shall\nperform such confidential duties and such other duties as are necessary\nto enable the assessment review commission to properly and efficiently\ncarry out the provisions of this title. All appraisal support personnel\nshall have a minimum of three years of professional appraisal\nexperience. The compensation of the secretary and such appraisal support\npersonnel shall be fixed by the local legislative body.\n  5. The chairman, a commissioner or their representatives may, when\naccompanied by the petitioner, enter upon real property and into\nbuildings and structures upon notice by certified or registered mail to\nthe petitioner, after the filing of the complaint in accordance with\nthis section, to ascertain the character of the property. The chairman\nor commissioner may designate persons to act on the commission's behalf\nfor the purposes of this subdivision. The willful failure, neglect or\nrefusal by the person whose real property is assessed, or his or her\nagent or representative, to permit such entry upon real property and\ninto buildings and structures may, in the discretion of the commission,\nresult in the denial of the complaint filed with the commission thereby\ndenying administrative review and relief.\n  6. Application for correction of assessment for taxation.  (a) During\nthe period from January second through March first, any person or\ncorporation claiming to be aggrieved by the assessment of real estate\nmay apply for correction of such assessment. Such application shall be\nduly verified by a person having personal knowledge of the facts stated\ntherein, provided that if the application is signed by someone other\nthan the person or an officer of the corporation claiming to be\naggrieved, the application must be accompanied by a duly executed power\nof attorney or authorization or as otherwise prescribed by the rules and\nregulations of the commission.\n  (b) The grounds for reviewing an assessment shall be as prescribed in\nsubdivision two of section five hundred twenty-four of this title.\n  (c) The application with respect to an assessment shall be on state\napproved forms prescribed by the commission, and shall contain an\nestimate of the value of the property, a statement specifying the\ngrounds for review, and the reduction in assessed valuation or taxable\nassessed valuation or change in class designation or allocation of\nassessed valuation sought. Any form prescribed by the commission shall\nbe available not less than ninety days prior to the publication of the\ntentative assessment roll. The commission shall allow the correction of\nerrors and omissions in otherwise duly completed applications, including\napplications made on state prescribed or approved forms other than the\nforms currently prescribed by the commission.\n  (d) The filing of a completed application in the manner and form\nadopted shall be a prerequisite to the review by the commission and to\nthe review of a final determination of the commission as provided in\nthis section. Where an application is determined to be defective, the\ncommission shall notify the applicant of such defect or defects, and\nprovide him or her with the opportunity to cure such defect or defects\nwithin thirty-five days from the date of the mailing of the notice. If\nthe defects are not cured after the expiration of such thirty-five day\nperiod, the defective application shall be dismissed by the commission\nthereby denying administrative review and relief.\n  (e) For income producing real property, when an application is\nsubmitted by an applicant for correction of assessment for taxation, all\nincome received or accrued and all expenses paid or incurred in the real\nestate operation of the property, shall be submitted and filed as\nprescribed by the rules of the commission. Such statements with respect\nto income received or accrued and expenses paid or incurred shall be\nprovided as a condition precedent to a review of the application. If no\nsuch statement is provided with the application, the commission shall\nnot grant a hearing or make an adjustment to the assessment for any\nyears under review otherwise than in accordance with the provisions of\nthis article.  The failure to provide such statements may in the\ndiscretion of the commission result in a dismissal of the application\nthereby denying administrative review and relief.\n  (f) The commission may provide for electronic filing of applications.\nAn application shall be timely filed if on or before the date specified\nin paragraph (a) of this subdivision it is delivered or mailed to the\noffice of the commission or transmitted by electronic means adopted by\nthe commission.\n  (g) For purposes of this section, the "applicant" shall be the owner\nor other person aggrieved by the assessment. Whenever the commission is\nto provide a notice to the applicant it shall provide such notice to the\nattorney for the applicant if the applicant is represented by counsel\nor, if not so represented, then to the applicant or an agent designated\nin the application. The commission may, with the consent of the\napplicant or the applicant's attorney or agent, transmit notices and\naccept responses to notices by electronic means, in which event\nreferences in this section to mailing of notices or receiving responses\nto notices shall be deemed to include transmission by such electronic\nmeans.\n  (h) For purposes of this section, any application, notice or response\nmade by mail shall be deemed made when mailed, as evidenced by the\npostmark, and any application, notice or response made by electronic\nmeans adopted by the commission shall be deemed made when transmitted.\nThe term "mail" shall include delivery by a designated delivery service,\nas defined in this paragraph, and the term "postmark" shall include any\ndate recorded or marked by such service in the manner described in\nsection seventy-five hundred two of the internal revenue code. The term\n"designated delivery service" shall mean a delivery service designated\nby the secretary of the treasury of the United States pursuant to\nsection seventy-five hundred two of the internal revenue code, subject\nto any withdrawals and additions made pursuant to subparagraph (A) of\nparagraph two of subsection (a) of section six hundred ninety-one of the\ntax law.\n  7. (a) The commission shall meet throughout the year and may\nreasonably compel the attendance of witnesses, administer oaths or\naffirmations and examine applicants and other witnesses under oath. If\nthe person whose real property is assessed, or his or her agent or\nrepresentative, shall willfully neglect or refuse to attend and be so\nexamined, or to answer any question put to him or her relevant to the\napplication or assessment, such person shall not be entitled to any\nreduction of the assessment subject to the application. Minutes of the\nexamination of every person examined upon the hearing of any application\nfor correction shall be taken and filed with the commission. The\nauthorized representative of the board of assessors shall have the right\nto be heard on any application for correction and his or her remarks\nwith respect to any application for correction shall be recorded in the\nminutes of the commission. All oral and written testimony taken by the\ncommission, by a commissioner, or by an employee of the commission\nauthorized to take testimony on applications shall constitute part of\nthe record of the proceedings upon an assessment. The commission may act\non applications and make determinations on assessments as a body or\nthrough a commissioner or hearing officer authorized by the commission.\nAs used in this section, "commission" shall mean, as appropriate, the\nassessment review commission or a commissioner or hearing officer\nauthorized by the assessment review commission to act pursuant to this\nsection.\n  (b) The commission shall determine the final assessed valuation or\ntaxable assessed valuation, or the actual assessment or transition\nassessment, or the proper class designation of the real property of each\napplicant. The final assessed valuation or taxable assessed valuation of\nreal property may be the same as or less than the original assessment\nor, if determined to be unlawful, the same shall be ordered stricken\nfrom the roll or where appropriate entered on the exempt portion of the\nroll. If it is determined that the real property is misclassified, the\ncorrect class designation or allocation of assessed valuation shall be\nentered on the roll by the board of assessors.\n  * 8. The final determination of the commission upon applications for\nthe correction of an assessment already heard shall be rendered not\nlater than the tenth day of March in the year following the year in\nwhich the tentative assessment roll is published, or such later date as\nmay be permitted by the board of assessors, in order that the final\nassessment roll may be prepared for publication on the first business\nday in April; provided, however, that the commission may continue to\ntake testimony and render determinations on applications subsequent to\nMarch tenth. The board of assessors, upon receipt of such determination,\nshall correct its assessment rolls. The receiver of taxes of any town in\nwhich the property is situated shall issue corrected tax bills in\naccordance with such determination within thirty days after entry of a\nfinal determination by the commission.\n  * NB Effective until June 30, 2028\n  * 8. The final determination of the commission upon applications for\nthe correction of an assessment already heard shall be rendered not\nlater than the tenth day of March in the year in which the tentative\nassessment roll is published, or such later date as may be permitted by\nthe board of assessors, in order that the final assessment roll may be\nprepared for publication on the first business day in April; provided,\nhowever, that the commission may continue to take testimony and render\ndeterminations on applications subsequent to March tenth. The board of\nassessors, upon receipt of such determination, shall correct its\nassessment rolls. The receiver of taxes of any town in which the\nproperty is situated shall issue corrected tax bills in accordance with\nsuch determination within thirty days after entry of a final\ndetermination by the commission.\n  * NB Effective June 30, 2028\n  9. Pursuant to subdivision eight of this section, the commission may\ndetermine the issues relating to the grievance and resolve the current\nand the immediately previous two tax years' outstanding assessments\nchallenges in accordance with this article and may enter into\nstipulations and, where necessary, judgments with notice of entry in\nsettlement of such challenges. If the tax shall have been paid, the\ncounty treasurer is authorized to refund any excess tax paid, with\ninterest thereon. A determination of the commission shall have the same\neffect as an order of a court of competent jurisdiction for purposes of\nany act authorizing the issuance of debt instruments for the financing\nof tax refunds.\n  10. On or before April first, each year the commission shall mail to\neach applicant, who has filed an application for the correction of the\nassessment, a notice of the commission's determination of such\napplicant's assessment. Such notice shall also contain the statement as\nto the final determination of the assessment review commission, or a\nstatement that the commission has not yet made a determination as to the\nfinal assessed valuation which shall be made as soon as the petitioners\napplication is reviewed or heard. If the applicants property is a\nproperty defined in subdivision one of section eighteen hundred two of\nthis chapter as "Class 1", the commissions determination shall contain\nthe statement: "If you are dissatisfied with the determination of the\nAssessment Review Commission and you are the owner of a one, two or\nthree family residential structure or residential real property not more\nthan three stories in height held in condominium form of ownership,\nprovided that no dwelling unit therein previously was on an assessment\nroll as a dwelling unit in other than condominium form of ownership, and\nyou reside at such residence, you may seek judicial review of your\nassessment either under title one of article seven of the real property\ntax law or under small claims assessment review law provided by title\none-A of article seven of the real property tax law." Such notice shall\nalso state that the last date to file petitions for judicial review and\nthe location where small claims assessment review petitions may be\nobtained.\n  Each applicant that has filed an application of a property as defined\nin subdivision one of section eighteen hundred two of this chapter as\n"Class 2", "Class 3" or "Class 4", shall receive a notice as to the\nfinal determination of the assessment review commission or a statement\nthat the commission has not yet made a determination as to the final\nassessed valuation which shall be made as soon as the petitioners\napplication is reviewed or heard. Such applicants determinations shall\ncontain the statement: "If you are dissatisfied with the determination\nof the Assessment Review Commission you may seek judicial review of your\nassessment under title one of article seven of the real property tax\nlaw." Such notice shall also state the last date to file petitions for\njudicial review. A final determination when rendered shall contain the\nsame statement. Failure to mail any such notice or failure of the\napplicant to receive the same shall not affect the validity of the\nassessment.\n  11. A proceeding to review or correct on the merits any final\ndetermination of the assessment review commission may be had as provided\nby law, and if brought to review a determination mentioned in\nsubdivision seven of this section must be commenced on or before the\nlast business day of April after final completion and filing of the\nassessment roll containing such assessment, as provided in appropriate\nprovisions of this chapter or within thirty days after notice of a final\ndetermination has been made and sent to the applicant.\n  12. If any part or provision of this section or the application\nthereof to any person, entity or circumstance shall be adjudged invalid\nby any court of competent jurisdiction, such judgment shall be confined\nin its operation to that part, provision or application of this section\ndirectly involved in the controversy for which such judgment was\nrendered and shall not be deemed to affect or impair the validity of the\nremainder of this section to the application thereof to other persons,\nentities or circumstances.\n
N.Y. EDN Law § 1004 — New York Code / Act EDN / Title 1 / Article 21 / Section 1004
Powers and duties of the education department
Status: in_force

§ 1004. Powers and duties of the education department.\n  The education department shall have the responsibility of and is\nhereby authorized:\n  1. To adopt and promulgate such rules and regulations and take such\naction as may be necessary to carry out the provisions of this article.\n  2. To provide vocational rehabilitation services directly or through\npublic or private instrumentalities for handicapped persons (excepting\nblind persons and, with respect to physical restoration services, those\npersons who are entitled to such services pursuant to the workers'\ncompensation law and the volunteer firefighters' benefit law) whose\nvocational rehabilitation the department determines after full\ninvestigation may be satisfactorily achieved. In the course of its\ninvestigation of an individual applicant's vocational rehabilitation\npotential the department may conduct an extended evaluation program\nincluding utilization of such vocational rehabilitation services as it\ndeems necessary.\n  3. To enter into reciprocal agreements with other states to provide\nfor the vocational rehabilitation of handicapped persons.\n  4. To engage in and contract for the making of studies,\ninvestigations, demonstrations, research and reports, and the provision\nof training and instruction (including the establishment and maintenance\nof fellowships and traineeships with such stipends and allowances as may\nbe deemed necessary) the assessment of existing facilities and services\nand the evaluation of present and future requirements, including plans\nfor the purposes enumerated above in matters relating to vocational\nrehabilitation.\n  5. To arrange and pay part of the cost of projects leading to the\nconstruction of workshops and rehabilitation facilities and the\nextension and improvement or the establishment of vocational\nrehabilitation services for handicapped persons, including the\nfurnishing of equipment or the furnishing of funds for the purchase of\nequipment and supplies, personnel and other necessary and proper\nexpenses in the construction, establishment, improvement, continuation\nor extension of rehabilitation facilities and workshops operated by\npublic or nonprofit organizations and agencies.\n  6. To cooperate in the operation of this article with the state agency\nor agencies administering the state's public assistance program,\nworkmen's compensation program, the departments of health, mental\nhygiene, the federal agencies charged with the administration of the\nfederal social security act and the federal fair labor standards act or\nother appropriate federal legislation and with other public and private\nagencies providing services related to vocational rehabilitation, and\nwith the state system of public employment offices in the state, making\nmaximum feasible utilization of the job placement and employment\ncounseling services and other services and facilities of such offices,\nand to issue such certifications as are required or indicated thereby.\n  7. Within its discretion, to consider financial need of handicapped\nindividuals for the purposes of determining the extent of their\nrespective participation in the costs of vocational rehabilitation\nservices and to promulgate rules and regulations establishing financial\nneed as a condition to the availability of any of the services specified\nin paragraph a of subdivision five of section one thousand two of this\nchapter except that no economic need test will be applied as a condition\nfor furnishing the following vocational rehabilitation services: (a)\nevaluation, including diagnostic and related services; (b) counseling\nand guidance; and (c) placement.\n  8. To supervise and monitor service centers for independent living\npursuant to article twenty-three-A of this chapter.\n  9. To contract with not-for-profit organizations for the provision of\nsupported employment services, as defined in subdivision twelve of\nsection ten hundred two of this article, to individuals having severe\ndisabilities defined in subdivision fourteen of section one thousand two\nof this article in integrated work settings. The commissioner shall\nensure that funds provided pursuant to this subdivision are not used for\nthe provision of services that are the responsibility of other state\nagencies pursuant to the plan developed pursuant to subdivision two of\nsection one thousand four-b of this article. Services shall be provided\nat a cost not to exceed that which is necessary and reasonable, and\nshall include short-term intensive and extended support mechanisms\nwithin an integrated work setting. The commissioner shall require\nservice providers to develop appropriate policies and procedures for\ndirecting their supported employment programs, and to provide such\nreports as the commissioner deems to be appropriate.\n
N.Y. SOS Law § 131-A — New York Code / Act SOS / Article 5 / Title 1 / Section 131-A
Monthly grants and allowances of public assistance
Status: in_force

§ 131-a. Monthly grants and allowances of public assistance. 1. Any\ninconsistent provision of this chapter or other law notwithstanding,\nsocial services officials shall, in accordance with the provisions of\nthis section and regulations of the department, provide public\nassistance to needy persons who constitute or are members of a family\nhousehold, who are determined to be eligible in accordance with\nstandards of need established in subdivision two. Provision for such\npersons, for all items of need, less any available income or resources\nwhich are not required to be disregarded by other provisions of this\nchapter, shall be made in accordance with this section. Such provision\nshall be made in monthly or semi-monthly allowances and grants within\nthe limits of the schedules included in subdivision three of this\nsection except for additional amounts which shall be included therein\nfor shelter, fuel for heating, additional cost of meals for persons who\nare unable to prepare meals at home and for other items for which\nspecific provision is otherwise made in article five. As used in this\nsection the term "shelter" may include a grant not to exceed two\nthousand five hundred dollars toward the purchase of an interest in a\ncooperative. A social services official shall require assignment of\nrecipient's equity in such cooperative housing in accordance with the\nrules of the board and regulations of the department.\n  2. (a) Through June thirtieth, two thousand nine, the following\nschedule shall be the standard of monthly need for determining\neligibility for all categories of assistance in and by all social\nservices districts:\n                     Number of Persons in Household\n          One       Two     Three      Four      Five       Six\n          $112     $179      $238      $307      $379      $438\n  For each additional person in the household there shall be added an\nadditional amount of sixty dollars monthly.\n  (a-1) For the period beginning July first, two thousand nine and\nending June thirtieth, two thousand ten, the following schedule shall be\nthe standard of monthly need for determining eligibility for all\ncategories of assistance in and by all social services districts:\n                     Number of Persons in Household\n    One         Two         Three       Four        Five        Six\n    $126        $201        $268        $345        $426        $492\n  For  each  additional  person in the household there shall be added an\nadditional amount of sixty-seven dollars monthly.\n  (a-2) For the period beginning July first, two thousand ten and ending\nJune thirtieth, two thousand twelve, the following schedule shall be the\nstandard of monthly need for determining eligibility for all categories\nof assistance in and by all social services districts:\n                     Number of Persons in Household\n    One         Two         Three       Four        Five        Six\n    $141        $225        $300        $386        $477        $551\n  For each additional person in the household there shall be added an\nadditional amount of seventy-five dollars monthly.\n  (a-3) For the period beginning July first, two thousand twelve and\nending September thirtieth, two thousand twelve, the following schedule\nshall be the standard of monthly need for determining eligibility for\nall categories of assistance in and by all social services districts:\n                     Number of Persons in Household\n    One         Two         Three       Four        Five        Six\n    $150        $239        $317        $409        $505        $583\n  For each additional person in the household there shall be added an\nadditional amount of eighty dollars monthly.\n  (a-4) For the period beginning October first, two thousand twelve and\nthereafter, the following shall be the standard of monthly need for\ndetermining eligibility for all categories of assistance in and by all\nsocial services districts:\n                     Number of Persons in Household\n    One         Two         Three       Four        Five        Six\n    $158        $252        $336        $433        $534        $617\n  For each additional person in the household there shall be added an\nadditional amount of eighty-five dollars monthly.\n  (b) In addition to the above, the standard of need shall include\namounts for shelter and fuel for heating, amounts for home energy\npayments (including amounts for supplemental home energy grants),\namounts for additional cost of meals for persons who are unable to\nprepare meals at home and amounts for other items when required by\nindividual case circumstances for which specific provision is otherwise\nmade in article five of this chapter. For purposes of determining the\namount to be included in the standard of need for shelter and fuel for\nheating, to the extent that federal reimbursement is available therefor,\nsocial services officials shall include in the household any child who\nhas entered foster care pursuant to section three hundred eighty-four-a\nof this chapter who was eligible for and in receipt of assistance and\ncare as a member of the household in and for the month of entry into\nfoster care and for whom the family service plan, as defined in section\nfour hundred nine-e of this chapter, includes a goal of discharge to a\nmember of the household.\n  (c) Notwithstanding the provisions of this chapter or of any other law\nor regulation to the contrary, on and after the effective date of this\nparagraph, the amount to be included in the standard of need for shelter\nfor an eligible tenant residing in city, state or federal public housing\nshall be the greater of (i) the shelter allowance for public housing\nprescribed by regulations of the department, (ii) the amount payable\npursuant to a modified shelter allowance schedule prescribed by\nregulations of the department for the particular housing authority, or\n(iii) an amount equal to fifty percent of the maximum shelter allowance\nprescribed by regulations of the department for non-public housing\nlocated in the social services district in which the public housing is\nlocated. Commencing one year after such effective date, such shelter\nallowance shall be the greater of (i) the shelter allowance for public\nhousing prescribed by regulations of the department, (ii) the amount\npayable pursuant to a modified shelter allowance schedule prescribed by\nregulations of the department for the particular housing authority, or\n(iii) an amount equal to seventy-five percent of the maximum shelter\nallowance prescribed by regulations of the department for non-public\nhousing located in the social services district in which the public\nhousing is located. Commencing two years after such effective date, the\namount to be included in the standard of need for shelter for an\neligible tenant residing in city, state or federal public housing shall\nbe the maximum shelter allowance prescribed by regulations of the\ndepartment for non-public housing located in the social services\ndistrict in which the public housing is located.\n  (d) If by the application of the standard of need as provided for in\nthis subdivision the monthly need of an individual or household is less\nthan ten dollars, such individual or household shall not be considered\nin need of cash assistance but shall be deemed to be a recipient of\nassistance for all other purposes including determining eligibility for\nmedical assistance and social rehabilitative services.\n  (e) The standard of monthly need, when not a whole dollar amount,\nshall be rounded to the next lower whole dollar amount.\n  3. (a) Through June thirtieth, two thousand nine, persons and families\ndetermined to be eligible by the application of the standard of need\nprescribed by the provisions of subdivision two of this section, less\nany available income or resources which are not required to be\ndisregarded by other provisions of this chapter, shall receive maximum\nmonthly grants and allowances in all social services districts, in\naccordance with the following schedule, for public assistance:\n                     Number of Persons in Household\n          One       Two     Three      Four      Five      Six\n          $112      $179     $238      $307      $379     $438\n  For each additional eligible needy person in the household there shall\nbe an additional allowance of sixty dollars monthly.\n  (a-1) For the period beginning July first, two thousand nine and\nending June thirtieth, two thousand ten, persons and families determined\nto be eligible by the application of the standard of need prescribed by\nthe provisions of subdivision two of this section, less any available\nincome or resources which are not required to be disregarded by other\nprovisions of this chapter, shall receive maximum monthly grants and\nallowances in all social services districts, in accordance with the\nfollowing schedule, for public assistance:\n                     Number of Persons in Household\n    One         Two         Three       Four        Five        Six\n    $126        $201        $268        $345        $426        $492\n  For each additional person in the household there shall be added an\nadditional amount of sixty-seven dollars monthly.\n  (a-2) For the period beginning July first, two thousand ten and ending\nJune thirtieth, two thousand twelve, persons and families determined to\nbe eligible by the application of the standard of need prescribed by the\nprovisions of subdivision two of this section, less any available income\nor resources which are not required to be disregarded by other\nprovisions of this chapter, shall receive maximum monthly grants and\nallowances in all social services districts, in accordance with the\nfollowing schedule, for public assistance:\n                     Number of Persons in Household\n    One         Two         Three       Four        Five        Six\n    $141        $225        $300        $386        $477        $551\n  For each additional person in the household there shall be added an\nadditional amount of seventy-five dollars monthly.\n  (a-3) For the period beginning July first, two thousand twelve and\nending September thirtieth, two thousand twelve, persons and families\ndetermined to be eligible by the application of the standard of need\nprescribed by the provisions of subdivision two of this section, less\nany available income or resources which are not required to be\ndisregarded by other provisions of this chapter, shall receive maximum\nmonthly grants and allowances in all social services districts, in\naccordance with the following schedule, for public assistance:\n                     Number of Persons in Household\n    One         Two         Three       Four        Five        Six\n    $150        $239        $317        $409        $505        $583\n  For each additional person in the household there shall be added an\nadditional amount of eighty dollars monthly.\n  (a-4) For the period beginning October first, two thousand twelve and\nthereafter, persons and families determined to be eligible by the\napplication of the standard of need prescribed by the provisions of\nsubdivision two of this section, less any available income or resources\nwhich are not required to be disregarded by other provisions of this\nchapter, shall receive maximum monthly grants and allowances in all\nsocial services districts, in accordance with the following schedule,\nfor public assistance:\n                     Number of Persons in Household\n    One         Two         Three       Four        Five        Six\n    $158        $252        $336        $433        $534        $617\n  For each additional person in the household there shall be added an\nadditional amount of eighty-five dollars monthly.\n  (b) Notwithstanding the provisions of this section or any other law to\nthe contrary, no payment of public assistance shall be made for any\nmonth if the amount of such payment would be less than ten dollars per\nmonth.\n  (c) The amount of the monthly grant and allowance, when not a whole\ndollar amount, shall be rounded to the next lower whole dollar amount.\n  3-c. Commencing July first, nineteen hundred eighty-one, persons and\nfamilies determined to be eligible by the application of the standard of\nneed prescribed by the provision of subdivision two of this section,\nshall receive a home energy grant equal to the following monthly\namounts:\n                     Number of Persons in Household\n            One       Two     Three     Four      Five     Six\n         $14.10    $22.50   $30.00    $38.70    $47.70   $55.20\nFor each additional needy person in the household, there shall be added\nan additional amount of seven dollars and fifty cents.\n  3-d. Commencing January first, nineteen hundred eighty-six, for\npersons and families determined to be eligible by the application of the\nstandard of need prescribed by the provisions of subdivision two of this\nsection, the amounts set forth in paragraph (a) of subdivision three of\nthis section, after application of subdivision three-c of this section,\nshall be increased by the following amounts as a monthly supplemental\nhome energy grant:\n                     Number of Persons in Household\n        One       Two       Three       Four       Five       Six\n        $11       $17        $23        $30        $37        $42\nFor each additional needy person in the household, there shall be added\nan additional amount of five dollars monthly.\n  4. If federal requirements make it necessary to adjust any schedule of\ngrants and allowances, or part thereof, the department shall make such\nadjustments but the adjusted schedule of grants and allowances shall not\nexceed the schedule of monthly amounts in subdivision two above.\n  5. Notwithstanding any other provisions of this chapter or other law,\na social services official may make provisions for the following items\nand services: (a) replacement of necessary furniture and clothing for\npersons in need of public assistance who have suffered the loss of such\nitems as the result of fire, flood or other like catastrophe, provided\nprovisions therefor cannot otherwise be made;\n  (b) purchase of necessary and essential furniture required for the\nestablishment of a home for persons in need of public assistance,\nprovided provision therefor cannot otherwise be made;\n  (c) essential repair of heating equipment, cooking stoves, and\nrefrigerators used by persons in need of public assistance in their\nhomes, provided provision therefor cannot otherwise be made except that\nreplacement may be authorized when less expensive than repair;\n  (d) camp fees for a camp operated by a not-for-profit organization,\ncorporation or agency, which has been issued an operating certificate by\nthe appropriate health official in whose jurisdiction such camp is\nlocated, when in the judgment of the social services official it is\nadvisable for the welfare of a child receiving family assistance or\nsafety net assistance to attend such camp, provided, however, that funds\ncannot be obtained from other sources and such assistance is not in\nexcess of maximum fees as established by regulations of the office of\ntemporary and disability assistance; life insurance premiums provided\nthe policy is assigned to the office of temporary and disability\nassistance, or in cases where the recipient is aged, his or her life\nexpectancy is short, or he or she is deemed uninsurable;\n  (e) Provision of allowances as prescribed by regulations of the\ndepartment to meet the needs of a pregnant woman, beginning with the\nfourth month of pregnancy which has been medically verified.\n  (f-1) a one-time benefit to public assistance recipients upon the\nbirth of a new child, as prescribed by regulations of the department.\n  7. Whenever a social services official finds that a recipient of\npublic assistance has failed to fully apply the amount allowed in his\ngrant for shelter to the payment of rent for his housing accommodations,\nunless rent is being withheld pursuant to law or court order, the social\nservices official shall furnish such recipient's shelter allowance in\nthe form of direct payments to the owner of such housing accommodations\nor his or her designated agent.\n  8. (a) In determining the need for aid provided pursuant to the public\nassistance programs, the following income earned during a month by\napplicants for or recipients of such aid shall be exempt and\ndisregarded:\n  (i) all of the earned income of a dependent child receiving such aid\nor for whom an application for such aid has been made, who is a\nfull-time student or part-time student attending a school, college, or\nuniversity, or a course of vocational or technical training designed to\nfit him for gainful employment;\n  (ii) fifty percent of the earned income for such month of any\nrecipient; provided, however, that such percentage amount shall be\nadjusted in June of each year to reflect changes in the most recently\nissued poverty guidelines of the United States Bureau of the Census,\nsuch that a household of three without special needs, living in a heated\napartment in New York city and without unearned income would become\nineligible for assistance with gross earnings equal to the poverty level\nin such guidelines;\n  (iii) from the earned income of any child, applicant, recipient, or\nrelative applying for or receiving aid pursuant to such program, or of\nany other individual living in the same household as such relative and\nchild whose needs are taken into account in making such determination,\none hundred fifty dollars of the earned income for such month that\nremains after application of subparagraph (ii) of this paragraph;\n  (v) the first one hundred dollars received in such month which\nrepresent support payments timely paid in and for such month for one\nchild, and the first two hundred dollars received in such month which\nrepresent support payments timely paid in and for such month for two or\nmore children, and the first one hundred dollars received in such month\nwhich represent support payments timely paid in and for each of any\nprior months for one child, and the first two hundred dollars received\nin such month which represent support payments timely paid in and for\neach of any prior months for two or more children, in any household\napplying for or receiving public assistance, including support payments\ncollected and paid to the public assistance household by the social\nservices district;\n  (vi) in any calendar year, all of the earned income of a dependent\nchild receiving such aid who is a full-time student;\n  (vii) all of the income of a dependent child living with a parent or\nother caretaker relative, who is receiving such aid or for whom an\napplication for such aid has been made, which is derived from\nparticipation in a program carried out under the federal job training\npartnership act (P.L. 97-300) or any successor act, provided, however,\nthat in the case of earned income such disregard must be applied for at\nleast, but no longer than, six months per calendar year for each such\nchild.\n  (viii) any federal income taxes refunded by reason of section\nthirty-two of the Internal Revenue Code of nineteen hundred eighty-six\nrelating to the earned income tax credit or any payment by an employer\nunder section three thousand five hundred seven of such code relating to\nadvance payment of the earned income tax credit.\n  (ix) all of the income derived from participation in the summer youth\nemployment program, provided however, that such income shall be exempt\nonly for an individual who is not older than age twenty-four at the time\nof enrollment in the summer youth employment program and such disregard\nmust be applied for the length of the individual's participation in such\nprogram.\n  (x) all of the income of a head of household or any person in the\nhousehold, who is receiving such aid or for whom an application for such\naid has been made, which is derived from the health care and mental\nhygiene worker bonuses under section three hundred sixty-seven-w of this\narticle or under the chapter of the laws of two thousand twenty-two\nwhich added this subparagraph.\n  * (xi) Any financial assistance received by individuals as part of\ntheir participation in a pilot program that has developed a plan to\nstudy and evaluate the impact and potential benefits of direct cash\ntransfers. Such exemption and disregard shall be applicable for the\nlength of time the individual participates in the program, but not\nlonger than sixty months.\n  * NB Repealed March 23, 2029\n  (xii) all of the earned income of a recipient of public assistance\nthat is derived from participation in a qualified work activity or\ntraining program as determined by the office of temporary and disability\nassistance, to the extent that such earned income has not already been\ndisregarded pursuant to subparagraph (vii) of this paragraph, provided\nthat the recipient's total income shall not be more than two hundred\npercent of the federal poverty level.\n  (xiii) once during the lifetime of a recipient of public assistance,\nall of the earned income of such recipient will be disregarded following\njob entry, provided that such exemption of income for purposes of public\nassistance eligibility shall be for no more than six consecutive months\nfrom the initial date of obtaining such employment and that the\nrecipient's total income shall not be more than two hundred percent of\nthe federal poverty level. In the event a recipient moves from one to\nanother social services district, this disregard shall follow the\nrecipient.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, there shall not be disregarded under subparagraphs (ii) and\n(iii) of such paragraph any earned income of any of the persons to which\nsubparagraph (ii) of such paragraph applies if such person:\n  (i) terminated his employment or reduced his earned income without\ngood cause, within a period of not less than seventy-five days, or such\nother period of time as required by federal law or regulation, prior to\na determination of need for public assistance;\n  (ii) refused without good cause, within such seventy-five day period,\nto accept employment in which he is able to engage, which is offered\nthrough the public employment office of the New York state department of\nlabor or refused to accept employment otherwise offered by an employer\nif the offer of such employer is determined by an appropriate social\nservices official to be a bona fide offer of employment; or\n  (iii) failed without good cause to make a timely report to the\nappropriate social services district of earned income received in the\nmonth a determination of need is made.\n  (c) There shall not be disregarded under subparagraph (iii) of\nparagraph (a) of this subdivision any earned income of any of the\npersons specified in subparagraph (ii) of such paragraph, if the income\nof such person was in excess of his or her need, unless such person\nreceived public assistance in one or more of the four months preceding\nthe month of need determination.\n  9. In determining the eligibility of a child for public assistance and\nthe amount of such assistance for any month there shall be taken into\nconsideration so much of the income of such dependent child's stepparent\nliving in the same household as such child as exceeds the sum of:\n  (a) the first seventy-five dollars of the total of the stepparent's\nearned income for such month, or such lesser amount as the department\nmay prescribe in the case of a stepparent not engaged in full-time\nemployment or not employed throughout such month consistent with federal\nlaw and regulations;\n  (b) the standard of need as contained in this section for a family of\nthe same composition as the stepparent and those other individuals\nliving in the same household as the child who are not applying for or\nreceiving benefits and are claimed by such stepparent as dependents for\npurposes of determining such stepparent's federal income tax liability;\n  (c) amounts paid by the stepparent to individuals not living in such\nhousehold and claimed by such stepparent as dependents for purposes of\ndetermining such stepparent's federal personal income tax liability; and\n  (d) payments of alimony or child support made by such stepparent with\nrespect to individuals not living in such household.\n  12. (a) No public assistance household having income which, after\napplication of applicable disregards, exceeds the household standard of\nneed, because of the receipt in any month of a nonrecurring lump sum of\nearned or unearned income, shall be eligible for public assistance for a\nperiod equal to the full number of months derived by dividing (i) the\nsum of the lump sum income and all other income received in such month\nwhich is not excluded under subdivision eight of this section; by (ii)\nthe standard of need for a family size which consists of the public\nassistance household plus any other individuals whose lump sum income is\nconsidered available to such household. Any income remaining from this\ncalculation is income in the first month following such period of\nineligibility.\n  (b) At any time after determining the period of ineligibility as\nrequired in paragraph (a) of this subdivision, the social services\nofficial shall recalculate the remaining period of ineligibility in such\ncircumstances and under such conditions as the department shall\nprescribe by regulation, subject to paragraph (c) of this subdivision\nand consistent with federal law and regulations.\n  (c) The social services official shall exclude from any lump sum\nincome any amounts which are exempt and disregarded as cash and liquid\nor nonliquid resources pursuant to section one hundred thirty-one-n of\nthis title and shall recalculate the period of ineligibility caused by\nreceipt of a nonrecurring lump sum of income subject to this subdivision\nto the extent that such income is applied to any or all of the following\nwithin ninety days of receipt: an automobile needed for the applicant or\nrecipient to seek or retain employment or for travel to and from work\nactivities as defined in section three hundred thirty-six of this\nchapter, a bank account or accounts, or a burial plot or plots, or a\nfuneral agreement or agreements, the values of which are exempt and\ndisregarded as a resource pursuant to section one hundred thirty-one-n\nof this title.\n  13. Pursuant to regulations of the office of temporary and disability\nassistance, public assistance eligibility shall, to the extent permitted\nby federal law, not lapse solely by reason of the death of the adult\nrelative caretaker of a minor child, until arrangements are completed\nfor the addition of the child to another public assistance household,\nreclassification of the case, foster care or other appropriate financial\nsupport. For purposes of subdivision eight of section one hundred\nfifty-three of this article, safety net assistance given to such a child\nduring the first forty-five days after application therefor shall be\nregarded as being given to meet emergency circumstances.\n  14. In determining the need for aid provided pursuant to public\nassistance programs, each person living with medically diagnosed HIV\ninfection as defined by the AIDS institute of the department of health\nin social services districts with a population over five million who is\nreceiving services through such district's administrative unit providing\nHIV/AIDS services, public assistance and earned and/or unearned income,\nshall not be required to pay more than thirty percent of his or her\nmonthly earned and/or unearned income toward the cost of rent that such\nperson has a direct obligation to pay; this provision shall not apply to\nroom and board arrangements.\n  15. In determining the need for aid provided pursuant to public\nassistance programs, each public assistance recipient living with\nmedically diagnosed HIV infection as defined by the AIDS institute of\nthe department of health in social services districts with a population\nof five million or fewer, at local option and in accordance with a plan\napproved by the office of temporary and disability assistance, may not\nbe required to pay more than thirty percent of his or her monthly earned\nand/or unearned income toward the cost of rent that such person has a\ndirect obligation to pay; this provision shall not apply to room and\nboard arrangements.\n
N.Y. EDN Law § 670-A — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 3 / Section 670-A
Empire state scholarships of excellence
Status: in_force

§ 670-a. Empire state scholarships of excellence.  1. Number and\ncertification. One thousand empire state scholarships of excellence\nshall be awarded each year. Such scholarships shall be allocated as\nprovided in article thirteen of this chapter to eligible students\ncertified to the president by the commissioner.\n  2. Duration. A scholarship shall entitle the recipient to an annual\naward for not more than four academic years of undergraduate study, or\nfive academic years if the program of study normally requires five years\nas defined by the commissioner pursuant to article thirteen of this\nchapter.\n  3. Amount. The annual award shall be in the amount of two thousand\ndollars provided in no event shall the amount of the annual award exceed\nthe recipient's cost of attendance at the institution attended. Cost of\nattendance shall mean tuition, required fees, laboratory and other\ninstruction related expenses, books, transportation, room and board. The\ncost of attendance however shall be reduced by the amount the recipient\nshall receive or would be entitled to receive as a Pell grant pursuant\nto section one thousand seventy-a of title twenty of the United States\nCode. Anything in this article to the contrary notwithstanding, a\nrecipient of an empire state scholarship of excellence may concurrently\nreceive with such award any other academic or general award for which he\nor she may be eligible provided however in no event shall the\ncombination of all such awards exceed the recipient's cost of attendance\nat the institution.\n
N.Y. EDN Law § 463 — New York Code / Act EDN / Title 1 / Article 10 / Section 463
Agreement with the state
Status: in_force

§ 463. Agreement with the state.  The state does hereby pledge to and\nagree with the holders of any notes or bonds issued under this article,\nthat the state will not limit or alter the rights hereby vested in the\nfund to fulfill the terms of any agreements made with the holders\nthereof, or in any way impair the rights and remedies of such holders\nuntil such notes or bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nsuch holders, are fully met and discharged.  The fund is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of such notes or bonds.\n
N.Y. PBA Law § 3002 — New York Code / Act PBA / Article 10 / Title 1 / Section 3002
Legislative findings and statement of purposes
Status: in_force

§ 3002. Legislative findings and statement of purposes. It is hereby\nfound and declared that, by reason of the severe economic and social\ndislocations of recent years, there has been a great increase in the\nneed and demand for public services at a time when financing such\nservices has become increasingly difficult, and that, due to a general\ndecline in investor acceptance of local government securities and to\nalmost unprecedented interest rates, a number of municipalities in this\nstate have, despite the financial soundness of their obligations,\nrecently faced increased difficulty in selling a sufficient amount of\ntheir securities to enable them to refund their outstanding obligations\nor to meet their cash requirements. For the immediate future, this\nincreased difficulty has caused concern that such municipalities may be\nunable to provide, without interruption, many services essential to\ntheir inhabitants while also meeting their obligations to the holders of\ntheir outstanding securities as they come due. It is in the public\ninterest and is the policy of this state to assist municipalities\nattempting to provide, without interruption, services essential to their\ninhabitants while meeting their obligations to the holders of their\noutstanding securities. The impairment of the credit of the\nmunicipalities within the state may affect the ability of the state to\nissue its own obligations at normal interest rates. Such effect is a\nmatter of state concern. It is further declared that the state should\nexercise its power in the interest of such municipalities and should\nimplement such policy by authorizing on behalf of each municipality\nwhich is found by the legislature to require the state's assistance and\nwhich expressly requests such assistance, the creation of a state\ninstrumentality to be a body corporate and politic, having full powers\nto borrow money and to issue its bonds and notes for the purpose of\nproviding to that municipality assistance sufficient to enable it to\navoid the interruption of services essential to its inhabitants while\nmeeting its obligations to the holders of its outstanding securities. It\nis further declared to be in the public interest and is the policy of\nthis state that each such instrumentality shall provide financial\nassistance to a municipality only if that municipality agrees to make\nand observe such changes in its record keeping, accounting, budgeting\nand financial management practices as that instrumentality may be\nauthorized, by the special law creating it, to require as a condition of\nproviding financial assistance.\n
N.Y. UDC Law § 2613 — New York Code / Act UDC / Article 26 / Title 1 / Section 2613
Separability
Status: in_force

§ 2613. Separability. If any clause, sentence, paragraph, section or\npart of this chapter shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered.\n
N.Y. PBH Law § 2500-A — New York Code / Act PBH / Article 25 / Title 1 / Section 2500-A
Test for phenylketonuria and other diseases and conditions
Status: in_force

§ 2500-a. Test for phenylketonuria and other diseases and conditions.\n1. It shall be the duty of the administrative officer or other person in\ncharge of each institution caring for infants twenty-eight days or less\nof age and the person required in pursuance of the provisions of section\nforty-one hundred thirty of this chapter to register the birth of a\nchild, to cause to have administered to every such infant or child in\nits or his care a test for diseases and conditions designated by the\ncommissioner under regulations of the commissioner, and for:\n  (a) Phenylketonuria.\n  (b) Homozygous sickle cell disease.\n  (c) Hypothyroidism.\n  (d) Branched-chain ketonuria.\n  (e) Galactosemia.\n  (f) Homocystinuria.\n  (g) Critical congenital heart defects through pulse oximetry\nscreening.\n  (h) With regard to any newborn infant who is identified as, or\nsuspected of, having a hearing impairment as a result of a screening\nconducted pursuant to section twenty-five hundred-g of this title, a\nurine polymerase chain reaction (PCR) test for cytomegalovirus, unless\nthe parent of the infant objects thereto; provided that if the\ncommissioner determines that another test for cytomegalovirus is\ndiagnostically equivalent to or better than the urine polymerase chain\nreaction test, the commissioner may, by regulation under this section,\nallow or require the use of that other test.\n  (i) Adrenoleukodystrophy.\n  (j) Glucose-6-phosphate dehydrogenase deficiency using a quantitative\nenzymatic test or other diagnostic test in cases where: the newborn\ninfant presents with hemolytic anemia, hemolytic jaundice, or\nearly-onset increasing neonatal jaundice, that is, jaundice (bilirubin\nlevel greater than fortieth percentile for age in hours) persisting\nbeyond the day of birth through the week after birth; the newborn infant\nhas been admitted to the hospital for jaundice following birth; or the\nbiological parent of the newborn infant indicates a family, racial, or\nethnic risk of glucose-6-phosphate dehydrogenase deficiency, including\nhaving significant African, Asian, Mediterranean, or Middle Eastern\nancestry.\n  (k) Duchenne muscular dystrophy using a test validated by the\nWadsworth center for laboratories and research.\n  2. Testing, the recording of the results of such tests, tracking,\nfollow-up reviews and educational activities shall be performed at such\ntimes and in such manner as may be prescribed by the commissioner. The\ncommissioner shall promulgate regulations setting forth the manner in\nwhich information describing the purposes of the requirements of this\nsection shall be disseminated to parents or a guardian of the infant\ntested.\n  3. The provisions of this section shall not apply in the case of any\ninfant or child whose parent or guardian is a member of a recognized\nreligious organization whose teachings and tenets are contrary to the\ntesting herein required and who notifies the person charged with having\nsuch test administered of his objection thereto.\n
N.Y. ELN Law § 11-110 — New York Code / Act ELN / Article 11 / Title 1 / Section 11-110
Special presidential ballots; deadline for receipt
Status: in_force

§ 11-110. Special presidential ballots; deadline for receipt. 1. To be\ncounted, any ballot cast under the provisions of this article must be\nreceived by the appropriate board of elections not later than the close\nof the polls on election day except that all ballots contained in\nenvelopes showing a cancellation mark of the United States postal\nservice, or a foreign country's postal service with a date which is\nascertained to be not later than the day of the election, shall be cast\nand counted if received by the board of elections not later than seven\ndays following the day of election.\n  2. Special presidential ballots received by the board of elections\nbefore the close of the polls on election day may be delivered to the\ninspectors of election in the manner prescribed by this chapter for\nabsentee ballots or retained by the board of elections and cast and\ncanvassed pursuant to the provisions of section 9-209 of this chapter as\nsuch board shall, in its discretion, determine by resolution adopted at\nleast thirty days before election day. All ballots received by the board\nof elections between election day and the seventh day after election day\nshall be retained at the board and shall be cast and canvassed in the\nsame manner as other ballots retained by such board.\n
N.Y. EDN Law § 211-D — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 211-D
Contract for excellence
Status: in_force

§ 211-d. Contract for excellence. 1. a. Every school district that, as\nof April first of the base year, has at least one school identified as\nin corrective action or restructuring status or as a school requiring\nacademic progress: year two or above or as a school in need of\nimprovement: year two shall be required to prepare a contract for\nexcellence if the school district is estimated to receive an increase in\ntotal foundation aid for the current year compared to the base year in\nan amount that equals or exceeds either fifteen million dollars or ten\npercent of the amount received in the base year, whichever is less, or\nreceives a supplemental educational improvement plan grant. In school\nyear two thousand seven--two thousand eight such increase shall be the\namount of the difference between total foundation aid received for the\ncurrent year and the total foundation aid base, as defined in paragraph\nj of subdivision one of section thirty-six hundred two of this chapter.\n  b. In addition to the school districts required to prepare a contract\nfor excellence under paragraph a of this subdivision, every school\ndistrict that filed a contract for excellence in the base year shall\nfile a contract for excellence in the current year if such district is\nestimated to receive a two-year increase, equal to the positive\ndifference of the total foundation aid apportioned for the current year\nless the total foundation aid base, as defined in paragraph j of\nsubdivision one of section thirty-six hundred two of this chapter, for\nthe base year, in an amount that equals or exceeds either twenty-seven\nmillion five hundred thousand dollars or twenty percent of such total\nfoundation aid base for the base year; provided however, that this\nrequirement shall apply only to a school district that, as of April\nfirst of the base year, has at least one school that has been identified\nas in corrective action or restructuring status or as a school requiring\nacademic progress: year two or above or as a school in need of\nimprovement: year two.\n  c. In a city school district located in a city of one million or more\ninhabitants, a contract for excellence shall be prepared for the city\nschool district and each community district that meets criteria\nspecified in this subdivision.\n  d. All computations pursuant to paragraphs a and b of this subdivision\nand subdivision two of this section shall be based upon data included in\nthe computerized school aid run produced by the commissioner in support\nof the enacted state budget which established the foundation aid\nformulas for the current year. For purposes of this section,\naccountability status of schools shall be determined as of April first\nof the base year, except that if the commissioner determines that the\naccountability data on file for a school as of April first of the base\nyear was in error and officially adjusts the accountability status of\nthe school after such date, such adjusted data shall be used for the\npurposes of paragraphs a and b of this subdivision and subdivision two\nof this section.\n  e. Notwithstanding paragraphs a and b of this subdivision, a school\ndistrict that submitted a contract for excellence for the two thousand\neight--two thousand nine school year shall submit a contract for\nexcellence for the two thousand nine--two thousand ten school year in\nconformity with the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section unless all schools in the district are\nidentified as in good standing and provided further that, a school\ndistrict that submitted a contract for excellence for the two thousand\nnine--two thousand ten school year, unless all schools in the district\nare identified as in good standing, shall submit a contract for\nexcellence for the two thousand eleven--two thousand twelve school year\nwhich shall, notwithstanding the requirements of subparagraph (vi) of\nparagraph a of subdivision two of this section, provide for the\nexpenditure of an amount which shall be not less than the product of the\namount approved by the commissioner in the contract for excellence for\nthe two thousand nine--two thousand ten school year, multiplied by the\ndistrict's gap elimination adjustment percentage and provided further\nthat, a school district that submitted a contract for excellence for the\ntwo thousand eleven--two thousand twelve school year, unless all schools\nin the district are identified as in good standing, shall submit a\ncontract for excellence for the two thousand twelve--two thousand\nthirteen school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand eleven--two thousand twelve school year and\nprovided further that, a school district that submitted a contract for\nexcellence for the two thousand twelve--two thousand thirteen school\nyear, unless all schools in the district are identified as in good\nstanding, shall submit a contract for excellence for the two thousand\nthirteen--two thousand fourteen school year which shall, notwithstanding\nthe requirements of subparagraph (vi) of paragraph a of subdivision two\nof this section, provide for the expenditure of an amount which shall be\nnot less than the amount approved by the commissioner in the contract\nfor excellence for the two thousand twelve--two thousand thirteen school\nyear and provided further that, a school district that submitted a\ncontract for excellence for the two thousand thirteen--two thousand\nfourteen school year, unless all schools in the district are identified\nas in good standing, shall submit a contract for excellence for the two\nthousand fourteen--two thousand fifteen school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\nthirteen--two thousand fourteen school year; and provided further that,\na school district that submitted a contract for excellence for the two\nthousand fourteen--two thousand fifteen school year, unless all schools\nin the district are identified as in good standing, shall submit a\ncontract for excellence for the two thousand fifteen--two thousand\nsixteen school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand fourteen--two thousand fifteen school year; and\nprovided further that a school district that submitted a contract for\nexcellence for the two thousand fifteen--two thousand sixteen school\nyear, unless all schools in the district are identified as in good\nstanding, shall submit a contract for excellence for the two thousand\nsixteen--two thousand seventeen school year which shall, notwithstanding\nthe requirements of subparagraph (vi) of paragraph a of subdivision two\nof this section, provide for the expenditure of an amount which shall be\nnot less than the amount approved by the commissioner in the contract\nfor excellence for the two thousand fifteen--two thousand sixteen school\nyear; and provided further that, a school district that submitted a\ncontract for excellence for the two thousand sixteen--two thousand\nseventeen school year, unless all schools in the district are identified\nas in good standing, shall submit a contract for excellence for the two\nthousand seventeen--two thousand eighteen school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\nsixteen--two thousand seventeen school year; and provided further that a\nschool district that submitted a contract for excellence for the two\nthousand seventeen--two thousand eighteen school year, unless all\nschools in the district are identified as in good standing, shall submit\na contract for excellence for the two thousand eighteen--two thousand\nnineteen school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand seventeen--two thousand eighteen school year; and\nprovided further that, a school district that submitted a contract for\nexcellence for the two thousand eighteen--two thousand nineteen school\nyear, unless all schools in the district are identified as in good\nstanding, shall submit a contract for excellence for the two thousand\nnineteen--two thousand twenty school year which shall, notwithstanding\nthe requirements of subparagraph (vi) of paragraph a of subdivision two\nof this section, provide for the expenditure of an amount which shall be\nnot less than the amount approved by the commissioner in the contract\nfor excellence for the two thousand eighteen--two thousand nineteen\nschool year; and provided further that, a school district that submitted\na contract for excellence for the two thousand nineteen--two thousand\ntwenty school year, unless all schools in the district are identified as\nin good standing, shall submit a contract for excellence for the two\nthousand twenty--two thousand twenty-one school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\nnineteen--two thousand twenty school year; and provided further that, a\nschool district that submitted a contract for excellence for the two\nthousand twenty--two thousand twenty-one school year, unless all schools\nin the district are identified as in good standing, shall submit a\ncontract for excellence for the two thousand twenty-one--two thousand\ntwenty-two school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand twenty--two thousand twenty-one school year; and\nprovided further that, a school district that submitted a contract for\nexcellence for the two thousand twenty-one--two thousand twenty-two\nschool year, unless all schools in the district are identified as in\ngood standing, shall submit a contract for excellence for the two\nthousand twenty-two--two thousand twenty-three school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\ntwenty-one--two thousand twenty-two school year; and provided further\nthat, a school district that submitted a contract for excellence for the\ntwo thousand twenty-two--two thousand twenty-three school year, unless\nall schools in the district are identified as in good standing, shall\nsubmit a contract for excellence for the two thousand twenty-three--two\nthousand twenty-four school year which shall, notwithstanding the\nrequirements of subparagraph (vi) of paragraph a of subdivision two of\nthis section, provide for the expenditure of an amount which shall be\nnot less than the amount approved by the commissioner in the contract\nfor excellence for the two thousand twenty-two--two thousand\ntwenty-three school year; and provided further that, a school district\nthat submitted a contract for excellence for the two thousand\ntwenty-three--two thousand twenty-four school year, unless all schools\nin the district are identified as in good standing, shall submit a\ncontract for excellence for the two thousand twenty-four--two thousand\ntwenty-five school year which shall, notwithstanding the requirements of\nsubparagraph (vi) of paragraph a of subdivision two of this section,\nprovide for the expenditure of an amount which shall be not less than\nthe amount approved by the commissioner in the contract for excellence\nfor the two thousand twenty-three--two thousand twenty-four school year;\nand provided further that a school district that submitted a contract\nfor excellence for the two thousand twenty-four--two thousand\ntwenty-five school year, unless all schools in the district are\nidentified as in good standing, shall submit a contract for excellence\nfor the two thousand twenty-five--two thousand twenty-six school year\nwhich shall, notwithstanding the requirements of subparagraph (vi) of\nparagraph a of subdivision two of this section, provide for the\nexpenditure of an amount which shall be not less than the amount\napproved by the commissioner in the contract for excellence for the two\nthousand twenty-four--two thousand twenty-five school year; and provided\nfurther that a school district that submitted a contract for excellence\nfor the two thousand twenty-five--two thousand twenty-six school year,\nunless all schools in the district are identified as in good standing,\nshall submit a contract for excellence for the two thousand\ntwenty-six--two thousand twenty-seven school year which shall,\nnotwithstanding the requirements of subparagraph (vi) of paragraph a of\nsubdivision two of this section, provide for the expenditure of an\namount which shall be not less than the amount approved by the\ncommissioner in the contract for excellence for the two thousand\ntwenty-five--two thousand twenty-six school year; provided, however,\nthat, in a city school district in a city having a population of one\nmillion or more, notwithstanding the requirements of subparagraph (vi)\nof paragraph a of subdivision two of this section, the contract for\nexcellence shall provide for the expenditure as set forth in\nsubparagraph (v) of paragraph a of subdivision two of this section. For\npurposes of this paragraph, the "gap elimination adjustment percentage"\nshall be calculated as the sum of one minus the quotient of the sum of\nthe school district's net gap elimination adjustment for two thousand\nten--two thousand eleven computed pursuant to chapter fifty-three of the\nlaws of two thousand ten, making appropriations for the support of\ngovernment, plus the school district's gap elimination adjustment for\ntwo thousand eleven--two thousand twelve as computed pursuant to chapter\nfifty-three of the laws of two thousand eleven, making appropriations\nfor the support of the local assistance budget, including support for\ngeneral support for public schools, divided by the total aid for\nadjustment computed pursuant to chapter fifty-three of the laws of two\nthousand eleven, making appropriations for the local assistance budget,\nincluding support for general support for public schools. Provided,\nfurther, that such amount shall be expended to support and maintain\nallowable programs and activities approved in the two thousand nine--two\nthousand ten school year or to support new or expanded allowable\nprograms and activities in the current year.\n  2. a. (i) In a common, union free, central, central high school, or a\ncity school district in a city having less than one hundred twenty-five\nthousand inhabitants, required to prepare a contract for excellence\npursuant to subdivision one of this section and, as of April first of\nthe base year, does not contain any schools identified as in corrective\naction or restructuring status or requiring academic progress: year\nthree or above, each contract for excellence shall describe how the sum\nof the amounts apportioned to the school district in the current year as\ntotal foundation aid, in excess of one hundred four percent of the\ndistrict's foundation aid base, as adjusted for additional amounts\npayable as charter school basic tuition over such amount payable in the\nbase year, shall be used to support new programs and new activities or\nredesign or expand the use of programs and activities demonstrated to\nimprove student achievement; provided however, up to fifty percent of\nadditional funding received in the current year may be used to maintain\ninvestments in programs and activities listed in paragraph a of\nsubdivision three of this section.\n  (ii) In a common, union free, central, central high school, or a city\nschool district in a city having less than one hundred twenty-five\nthousand inhabitants, required to prepare a contract for excellence\npursuant to subdivision one of this section and, as of April first of\nthe base year, has at least one school identified as in corrective\naction or restructuring status or requiring academic progress: year\nthree or above, each contract for excellence shall describe how the sum\nof the amounts apportioned to the school district in the current year as\ntotal foundation aid, in excess of one hundred four percent of the\ndistrict's foundation aid base, as adjusted for additional amounts\npayable as charter school basic tuition over such amount payable in the\nbase year, shall be used to support new programs and new activities or\nredesign or expand the use of programs and activities demonstrated to\nimprove student achievement; provided however, up to thirty-five percent\nof additional funding received in the current year may be used to\nmaintain investments in the programs and activities listed in paragraph\na of subdivision three of this section.\n  (iii) In a city school district in a city having a population of one\nhundred twenty-five thousand or more inhabitants but less than one\nmillion inhabitants that either receives a supplemental educational\nimprovement plan grant or is required to submit a contract for\nexcellence based solely upon the criteria specified in paragraph b of\nsubdivision one of this section, each contract for excellence shall\ndescribe how the sum of the amounts apportioned to the school district\nin the current year as total foundation aid, and as supplemental\neducational improvement plan grants, in excess of one hundred four\npercent of such aid apportioned to the district in the base year, as\nadjusted for additional amounts payable as charter school basic tuition\nover such amount payable in the base year, shall be used to support new\nprograms and new activities or redesign or expand the use of programs\nand activities demonstrated to improve student achievement; provided\nhowever, up to fifty percent of additional funding received in the\ncurrent year may be used to maintain investments in the programs and\nactivities listed in paragraph a of subdivision three of this section.\n  (iv) In a city school district in a city having a population of one\nhundred twenty-five thousand or more inhabitants but less than one\nmillion inhabitants that satisfies the criteria specified in paragraph a\nof subdivision one of this section and does not receive a supplemental\neducational improvement plan grant, each contract for excellence shall\ndescribe how the sum of the amounts apportioned to the school district\nin the current year as total foundation aid, in excess of one hundred\nthree percent of the district's foundation aid base, as adjusted for\nadditional amounts payable as charter school basic tuition over such\namount payable in the base year, shall be used to support new programs\nand new activities or expand the use of programs and activities\ndemonstrated to improve student achievement; provided however, up to\ntwenty-five percent of additional funding received in the current year\nmay be used to maintain investments in the programs and activities\nlisted in paragraph a of subdivision three of this section.\n  (v) In a city school district in a city having a population of one\nmillion or more inhabitants, each contract for excellence shall describe\nhow the amounts apportioned to the school district in the current year\nas total foundation aid and academic achievement grants, in excess of\none hundred three percent of the district's foundation aid base, shall\nbe used to support new programs and new activities or expand the use of\nprograms and activities demonstrated to improve student achievement;\nprovided however, up to thirty million dollars or twenty-five percent of\nadditional funding received in the current year, whichever is less, may\nbe used to maintain investments in the programs and activities listed in\nparagraph a of subdivision three of this section.\n  (vi) Each contract for excellence for a school district that was\nrequired to prepare a contract for excellence in the base year shall\nprovide for the expenditure of an amount equivalent to the total\nbudgeted amount approved by the commissioner in the district's approved\ncontract for excellence for the base year; provided that such amount\nshall be expended to support and maintain allowable programs and\nactivities approved in the base year or to support new or expanded\nallowable programs and activities in the current year.\n  (vii) (A) Notwithstanding any other provision of this section to the\ncontrary, a school district that submitted a contract for excellence for\nthe two thousand seven--two thousand eight school year and the two\nthousand eight--two thousand nine school year and is required to submit\na contract for excellence for the two thousand nine--two thousand ten\nschool year but did not fully expend all of its two thousand seven--two\nthousand eight foundation aid subject to the contract for excellence\nrestrictions during the two thousand seven--two thousand eight school\nyear may re-allocate and expend such unexpended funds during the two\nthousand eight--two thousand nine and two thousand nine--two thousand\nten school years for allowable contract for excellence programs and\nactivities as defined in subdivision three of this section in a manner\nprescribed by the commissioner. For purposes of determining maintenance\nof effort pursuant to subparagraph (vi) of this paragraph for the two\nthousand eight--two thousand nine school year, funds expended pursuant\nto this subparagraph shall be included in the total budgeted amount\napproved by the commissioner in the district's contract for excellence\nfor the two thousand seven--two thousand eight school year; provided\nthat such amount shall not be counted more than once in determining\nmaintenance of effort for the two thousand nine--two thousand ten school\nyear or thereafter.\n  (B) Notwithstanding any other provision of this section to the\ncontrary, a school district that submitted a contract for excellence for\nthe two thousand nine--two thousand ten school year but did not fully\nexpend all of its two thousand nine--two thousand ten foundation aid\nsubject to the contract for excellence restrictions during the two\nthousand nine--two thousand ten school year may re-allocate and expend\nsuch unexpended funds during the two thousand eleven--two thousand\ntwelve school year for allowable contract for excellence programs and\nactivities as defined in subdivision three of this section in a manner\nprescribed by the commissioner; provided that such amount shall not be\ncounted more than once in determining any maintenance of effort pursuant\nto this section.\n  b. (i) The contract shall specify the new or expanded programs for\nwhich additional amounts of such total foundation aid or grant shall be\nused and shall affirm that such programs shall predominately benefit\nstudents with the greatest educational needs including, but not limited\nto, those students with limited English proficiency, students in poverty\nand students with disabilities.\n  (ii) (A) In a city school district in a city having a population of\none million or more inhabitants such contract shall also include a plan,\nwhich shall be developed in collaboration with the collective bargaining\nunits representing teachers and the principals beginning in September\ntwo thousand twenty-two and signed off on by the chancellor and the\npresidents of each bargaining unit, to reduce actual class sizes,\nbeginning September two thousand twenty-three and to be achieved by\nSeptember two thousand thirty for all classes, with the exception of\nphysical education and performing groups, as follows: (1)\nkindergarten-third grade to have no more than twenty students per class;\n(2) fourth-eighth grade to have no more than twenty-three students per\nclass; and (3) high school to have no more than twenty-five students per\nclass. Physical education and performing groups shall have no more than\nforty students per class at all levels. For each of the first three\nyears of the plan, an additional twenty percent of the classrooms in the\ncity school district, excluding special education classes, shall be in\ncompliance with the class size targets, and for each of the following\nfour years, an additional ten percent of the classrooms in the city\nschool district, excluding special education classes, shall be in\ncompliance with the class size targets such that the city school\ndistrict is in full compliance by two thousand thirty and all classes\nshould maintain the target class size. The class size reduction plan\nshall prioritize schools serving populations with higher poverty levels.\n  (B) The class size reduction plan shall include any exemptions to the\nclass size targets. These exemptions shall be limited to: (1) space; (2)\nover-enrolled students; (3) license area shortages; and (4) severe\neconomic distress. Any such exemptions shall be approved by the\nchancellor and the presidents of the collective bargaining units\nrepresenting the teachers and the principals as part of the class size\nreduction plan. Should the chancellor and the presidents of the\ncollective bargaining units representing the teachers and the principals\nbe unable to reach agreement on the exemptions after thirty days, the\nissue shall be determined by an arbitrator. In addition, any exemption\nbased on available space shall include a reference to the capital budget\nto demonstrate that the budget is aligned with resolving the exemption\nstatus. Exempted classes, for the years in which they are exempt, and\nspecial education classes shall not count toward the applicable target\npercentage.\n  (C) The class size reduction plan shall also include the methods to be\nused to achieve the class size targets, such as the creation or\nconstruction of more classrooms and school buildings, the placement of\nmore than one teacher in a classroom or methods to otherwise reduce the\nstudent to teacher ratio, but only as a temporary measure until more\nclassrooms are made available in conformance with the plan. For elective\nand specialty classes, the collective bargaining unit representing\nteachers may negotiate class sizes higher than the targets if such\nincrease is approved by a majority of the staff in the school.\n  (iii) A city school district in a city having a population of one\nmillion or more inhabitants shall prepare annual reports, on the dates\nset forth below, to the commissioner on the status of the implementation\nof its plan to reduce actual class sizes pursuant to subparagraph (ii)\nof this paragraph. Such report shall be publicly released and posted on\nthe city school district's website, identifying all schools that\nreceived funds targeted at class size reduction efforts pursuant to the\nrequirements of this section and providing the following information\nregarding such schools:\n  (A) the amount of contract for excellence funds received by each\nschool and the school year in which it received such funds;\n  (B) a detailed description of how contract for excellence funds\ncontributed to achieving class size reduction in each school that\nreceived such funding including specific information on the number of\nclasses in each school that existed prior to receiving contract for\nexcellence funds and the number of new classes that were created in each\nschool for each year such funding was received, the number of classroom\nteachers that existed in each school prior to receiving contract for\nexcellence funds and the number of new classroom teachers in each school\nfor each year such funding was received, the student to teacher ratio in\neach school prior to receiving contract for excellence funds and the\nstudent to teacher ratio in each school for each year such funding was\nreceived;\n  (C) the actual student enrollment for the current school year and the\nprojected student enrollment for the upcoming school year for each\nschool by grade level;\n  (D) the actual class sizes for the current school year, and the\nprojected class sizes for the upcoming school year for each school by\ngrade level;\n  (E) the annual capital plan for school construction and leasing to\nshow how many classrooms will be added in each year and in which schools\nand districts to achieve the class size targets;\n  (F) how the school capacity and utilization formula is aligned to the\nclass size targets in the city school district's class size reduction\nplan; and\n  (G) the schools that have made insufficient progress toward achieving\nthe class size reduction targets set forth in the approved class size\nreduction plan pursuant to subparagraph (ii) of this paragraph and a\ndetailed description of the actions that will be taken to reduce class\nsizes in such schools.\n  The report shall be submitted to the commissioner on or before\nNovember fifteenth two thousand twenty-three and on or before November\nfifteenth of each year thereafter and made available to the public by\nsuch date on the city school district's website. If the department\ndetermines that the November fifteenth report does not demonstrate\nsufficient decreases in class size, the department shall issue a letter\nmaking that determination public on its website and the city school\ndistrict shall immediately submit a plan for corrective action, which\nshall be developed in collaboration with the collective bargaining units\nrepresenting the teachers and the principals and signed off on by the\nchancellor and the president of each collective bargaining unit. The\ncity school district's corrective action plan shall also be made\navailable to the public on the city school district's website upon\nsubmission to the department. The final corrective action plan shall be\nmade available to the public upon approval by the department. The report\nshall also be certified by the state or city comptroller that the city\nschool district's capital and education funding plans will provide\nsufficient space and staffing for the reduction in class size set forth\nin this paragraph and, if not, what measures and/or funding should be\nadded to the plan to achieve such targets.\n  (iv) Provided the commissioner approves and the city school district\nremains in compliance with the class size reduction plan, as set forth\nherein, the state shall take such compliance into consideration when\ndetermining increases in foundation aid.\n  (v) In addition to the annual reports, the city school district shall\nsubmit a financial impact statement on November fifteenth, two thousand\ntwenty-five. The financial impact statement may recommend a pause of the\nclass size reduction plan, but in no event may it result in a roll back\nor increase in class sizes.\n  c. The contract for excellence shall state, for all funding sources,\nwhether federal, state or local, the instructional expenditures per\npupil, the special education expenditures per pupil, and the total\nexpenditures per pupil, projected for the current year and actually\nincurred in the base year.\n  3. a. The commissioner shall adopt regulations establishing allowable\nprograms and activities intended to improve student achievement which\nshall be limited to: (i) class size reduction, (ii) programs that\nincrease student time on task, including but not limited to, academic\nafter-school programs, (iii) teacher and principal quality initiatives,\n(iv) middle school and high school re-structuring, (v) expansion or\nreplication of effective model programs for students with limited\nEnglish proficiency, and (vi) full-day kindergarten or prekindergarten.\nProvided, however, that districts may use up to fifteen percent of the\nadditional funding they receive for experimental programs designed to\ndemonstrate the efficacy of other strategies to improve student\nachievement consistent with the intent of this section and, in school\nyear two thousand seven--two thousand eight, up to thirty million\ndollars or twenty-five percent of such additional funding, whichever is\nless, may be used to maintain investments in programs and activities\nlisted in this subdivision. Any such district seeking to implement an\nexperimental program shall first submit a plan to the commissioner\nsetting forth the need for such experimental program and how such\nprogram will improve student performance.\n  b. The commissioner shall assist school districts that include in\ntheir contract for excellence the implementation of incentives,\ndeveloped in collaboration with teachers in the collective bargaining\nprocess, for highly qualified and experienced teachers to work in low\nperforming schools to ensure that such incentives are effective.\n  4. a. A district's contract for excellence for the academic year two\nthousand eight--two thousand nine and thereafter, shall be developed\nthrough a public process, in consultation with parents or persons in\nparental relation, teachers, administrators, and any distinguished\neducator appointed pursuant to section two hundred eleven-c of this\nchapter.\n  b. Such process shall include at least one public hearing. In a city\nschool district in a city of one million or more inhabitants, a public\nhearing shall be held within each county of such city. A transcript of\nthe testimony presented at such public hearings shall be included when\nthe contract for excellence is submitted to the commissioner, for review\nwhen making a determination pursuant to subdivision five of this\nsection.\n  c. In a city school district in a city of one million or more\ninhabitants, each community district contract for excellence shall be\nconsistent with the citywide contract for excellence and shall be\nsubmitted by the community superintendent to the community district\neducation council for review and comment at a public meeting.\n  * d. For the two thousand seven--two thousand eight school year,\nschool districts shall solicit public comment on their contracts for\nexcellence.\n  * NB Effective until July 1, 2023\n  * d. In a city school district in a city of one million or more in-\nhabitants, the public process set forth in paragraphs a through c of\nthis subdivision shall commence no later than thirty days after a state\nbudget is enacted each year and be completed no later than thirty days\nafter its commencement. Notice of the public process shall be provided\nfifteen days prior to the commencement of the first public hearing and\nshall be posted on the city school district's website as well as\ntransmitted via email to school administrators, parent and teacher\norganizations, and elected officials. The proposed plan shall be\nsubmitted for state approval within two weeks following the completion\nof the public process. The proposed plan shall be posted on the city\nschool district's website within twenty-four hours of its submission\nalong with a summary of the public comments and the city school\ndistrict's explanation and reasons for which public comments were\nincorporated into the proposed plan and which public comments were not\nincorporated into the proposed plan.\n  * NB Effective July 1, 2023\n  5. a. Each contract for excellence shall be subject to approval by the\ncommissioner and his or her certification that the expenditure of\nadditional aid or grant amounts is in accordance with subdivision two of\nthis section.\n  b. In a city school district of one million or more inhabitants, upon\napproval of the contract for excellence, one-third of the contract for\nexcellence funds shall be released to the city school district. The\nremainder of the funds shall be released to the city school district\nupon submission of the November fifteenth report described in\nsubdivision two of this section, only if such report demonstrates\nsufficient reduction in class sizes, and the remainder of the funds\nshall be released upon submission by the city school district of the\ncorrective action plan described in subdivision two of this section. In\nthe years following a year which required a corrective action plan\npursuant to subdivision two of this section, no contract for excellence\nfunds shall be provided by the state until and unless such corrective\naction plan has been fully implemented.\n  6. (a) Increases in total foundation aid and supplemental educational\nimprovement plan grants shall be used to supplement, and not supplant\nfunds allocated by the district in the base year for all purposes set\nforth in subdivision three of this section. In a city of one million or\nmore, the city school district will provide the collective bargaining\nunit for teachers with the list of budget codes in which funding\nprovided under this section is utilized for a budget that would begin\nJuly first, two thousand twenty-five and after. Except in a city of one\nmillion or more, the school district audit report certified to the\ncommissioner by an independent certified public accountant or an\nindependent accountant pursuant to section twenty-one hundred sixteen-a\nof this chapter shall include a certification by such accountant in a\nform prescribed by the commissioner of compliance with the first\nsentence of this subdivision.\n  (b) Within ten days of adoption of a budget by the city of New York,\nan independent certified public accountant, or an independent accountant\nor the comptroller of such city shall certify in a form prescribed by\nthe commissioner that (i) an audit by such office has confirmed that\nincreases in total foundation aid and supplemental improvement grants in\nthe base year were used to supplement, and not supplant funds allocated\nby the district in the previous year and (ii) in the adopted budget,\nincreases in total foundation aid and supplemental improvement grants\nsupplement, not supplant funds allocated by the district in the base\nyear for such purposes.\n  Upon a determination that either (i) increases in total foundation aid\nand supplemental improvement grants in the base year were used to\nsupplant funds allocated by the district, or (ii) increases in total\nfoundation aid and supplemental improvement grants as appropriated will\nsupplant funds allocated by the district in the base year, the district\nshall be ordered to restore funds in such amounts as to eliminate the\nviolation.\n  7. The trustees or board of education of each school district subject\nto this section, or the chancellor in the case of a city school district\nin a city of one million or more inhabitants, shall assure that\nprocedures are in place by which parents or persons in parental relation\nmay bring complaints concerning implementation of the district's\ncontract for excellence.\n  a. In a city school district in a city of one million or more\ninhabitants, such procedures shall provide that complaints may be filed\nwith the building principal with an appeal to the community\nsuperintendent, or filed directly with the community superintendent, and\nthat any appeal of the determination of a community superintendent shall\nbe made to the chancellor.\n  b. In all other districts, such procedures shall either provide for\nthe filing of complaints with the building principals with an appeal to\nthe superintendent of schools or for filing of the complaint directly\nwith the superintendent of schools, and shall provide for an appeal to\nthe trustees or board of education from the determination of the\nsuperintendent of schools.\n  c. The determination of the trustees or a board of education or the\nchancellor may be appealed to the commissioner pursuant to section three\nhundred ten of this title.\n  8. School districts subject to the provisions of this section shall\npublicly report the expenditure of total foundation aid in the form and\nmanner prescribed by the commissioner which shall ensure full disclosure\nof the use of such funds.\n  9. The department shall develop a methodology for reporting\nschool-based expenditures by all school districts subject to the\nprovisions of this section.\n
N.Y. EDN Law § 403 — New York Code / Act EDN / Title 1 / Article 9 / Section 403
Application of proceeds of sale
Status: in_force

§ 403. Application of proceeds of sale.  All moneys arising from any\nsale made in pursuance of the last preceding section, shall be applied\nto the expenses incurred in procuring a new site, and in removing or\nerecting thereon a schoolhouse, and improving and furnishing such site\nand building and their appurtenances, so far as such application shall\nbe necessary; and the surplus, if any, shall be devoted to the purchase\nof school apparatus and the support of the school, as the voters of the\ndistrict at any meeting shall direct.\n
N.Y. EDN Law § 522 — New York Code / Act EDN / Title 1 / Article 11 / Section 522
Transfer of contributions between retirement systems
Status: in_force

§ 522. Transfer of contributions between retirement systems. 1. Any\ncontributor, withdrawing from the retirement system and at such time\ngiving notice to the retirement board of his intention of becoming\nwithin two years a member of another teachers' retirement system which\nis being operated on an actuarial basis either under the laws of this\nstate or under the laws of another state, provided the system has a\nprovision similar to this provision permitting reciprocal transfer, may,\nupon depositing within two years his accumulated contributions in such\nother retirement system or if the member had no accumulated\ncontributions credited to his individual account in the retirement\nsystem, upon joining such other retirement system within two years,\napply to the retirement board for a transfer from the pension\naccumulation fund to the corresponding fund of such other retirement\nsystem of the amount of his pension reserve as of the time when he\nwithdrew his contributions from the annuity savings fund or filed a\nnotice of withdrawal with the system, and the retirement board shall\ntransfer to such other retirement system the amount of such reserve,\nprovided that, if such other retirement system is not under the laws of\nthis state, credit for a pension benefit of equivalent actuarial value\nto the amount of reserve transferred shall be given the teacher in the\nother retirement system and that the retirement board is satisfied that\nthe retirement system to which said transfer is made is on a solvent\nbasis.\n  2. Any contributor entering the retirement system after having\nwithdrawn from another retirement system and having given notice at the\ntime of withdrawal to the retirement board of such system of his or her\nintention of becoming a member of the retirement system, may deposit in\nthe annuity savings fund the amount of his or her accumulated\ncontributions withdrawn from such other retirement system or if the\nmember had no accumulated contributions credited to his or her\nindividual account in such other retirement system, such member shall in\nlieu of depositing moneys in the annuity savings fund, file a notice of\nintent to transfer pursuant to rules and regulations adopted by the\nretirement board. Upon the filing of a notice of intent to transfer as\nprovided by this subdivision, the pension reserve to his or her credit\nin such other retirement system, if such other retirement system is\noperated upon an actuarial basis under the laws of this state, shall be\ntransferred, and if such other system is operated upon an actuarial\nbasis under the laws of another state, may be transferred to the pension\naccumulation fund. Notwithstanding anything to the contrary in this\narticle, such contributor shall be classified in this retirement system\nas a present teacher or as a new entrant accordingly as he or she would\nhave been classified had the service rendered in the other retirement\nsystem been rendered while a member of this retirement system. A person\nso transferred to this retirement system or who has heretofore\ntransferred to this retirement system shall be deemed to have been a\nmember of this retirement system during the entire period of membership\nservice credited to him or her in the system from which he or she has\ntransferred. Such transferee, however, shall not receive more than three\nper cent interest on his or her contributions and accumulated\ncontributions unless he or she has continuously been a member in either\nthe system from which he or she has transferred or in this retirement\nsystem since a date prior to the first day of July, nineteen hundred\nforty-eight. This shall not be construed to prevent a change in the\ninterest rate to such member if the interest rate payable to other\nmembers of this retirement system is changed. In case he or she comes\nfrom a retirement system not under the laws of this state, he or she\nshall be given a prior service certificate showing a period of service\nsuch that the liability incurred by the retirement system on his or her\naccount by reason of prior service shall be equal in amount to the\namount of the reserve so transferred, provided that in no case shall\nsuch a contributor who is classified as a new entrant be given less\ncredit in his or her prior service certificate than he or she would have\nreceived had no reserve been transferred on his or her account. In case\na contributor transfers between retirement systems under the laws of\nthis state, he or she shall be credited in the system to which he or she\nis transferring with all service allowed to him or her in the first\nsystem. Such contributor, notwithstanding any other provision of law,\nshall on retirement be entitled to a pension based on salary earned\nduring member service in both retirement systems together, pursuant to\nthe statutory requirements of the second retirement system.\n  3. Notwithstanding any other provisions of the law, a former member of\nthe New York city teachers' retirement system who holds membership in\nthe New York state teachers' retirement system on the effective date of\nthis act and who would have been entitled to transfer service credit to\nsuch latter retirement system pursuant to this section had his\nmembership in the former retirement system not terminated, due to no\nnegligence on the part of the member, may have his transfer rights under\nthis section restored by depositing, within one year of the effective\ndate of this act, in the former retirement system an amount equal to the\ncontributions withdrawn from such system with regular interest thereon.\n  4. In the case of a member of the New York city teachers' retirement\nsystem with a membership date prior to July twenty-seventh, nineteen\nhundred seventy-six and not less than twenty years of credited service\nin that system who has transferred his/her membership to the system\npursuant to this section or section forty-three of the retirement and\nsocial security law, as applicable and is a member of the system on or\nafter July first, nineteen hundred ninety-eight, the actuary shall\ncompute the actuarial accrued liability for the member's pension under\nsubdivision five of section five hundred thirty-five of this article\nimmediately following transfer as if such member had always been a\nmember of the system, using the service credited to such member which\nwas transferred to the system, the member's salary in connection with\nsuch service and the actuarial assumptions used to compute pension\nreserves pursuant to subdivision one of this section. If the sum of the\nreserve-for-increased-take-home-pay, if any, and the pension reserve\nreceived by the system from the New York city teachers' retirement\nsystem in respect of such member exceeds such accrued liability as\ndetermined by the actuary, such excess shall be allocated as of the date\nof the receipt of such reserve-for-increased-take-home-pay to the\nannuity savings fund for the benefit of such member and shall be treated\nas if it had been contributed to such fund by the member, provided,\nhowever, that, in no event, may the amount so allocated to the annuity\nsavings fund as provided herein exceed the amount of such\nreserve-for-increased-take-home-pay, if any, actually received from the\nNew York city teachers' retirement system. In the case of any member\nretiring prior to July first, two thousand one, any accumulated\ncontributions to the credit of such member in the annuity savings fund\nas of the member's date of retirement resulting from a determination of\nthe actuary pursuant to this subdivision shall be paid to the retiree in\na lump sum with interest at the rate of five per centum per annum from\nthe date of retirement to the date of payment. The retirement board is\nauthorized to promulgate such rules and regulations as it may deem\nnecessary or appropriate to implement this subdivision.\n  5. Notwithstanding any other provision of law to the contrary, except\nfor the purposes of providing the benefits, if any, of subdivision four\nof this section, with respect to transfers pursuant to this section\nwhich occur on or after the effective date of the chapter of the laws of\ntwo thousand twenty-three that amended this subdivision, no transfer of\na pension reserve pursuant to subdivision one or two of this section\nshall be required when the member is transferring from a public\nretirement system of the state with less than ten years of credited\nservice with the transferring retirement system at the time the transfer\nis initiated. With respect to transfers pursuant to subdivision one or\ntwo of this section which occur on or after the effective date of the\nchapter of the laws of two thousand twenty-three that amended this\nsubdivision, the transfer of a pension reserve shall be required when\nthe member is transferring ten or more years of credited service from a\npublic retirement system of the state to any other public retirement\nsystem of the state, excluding any transfers within and between the New\nYork city employees' retirement system, the New York city teachers'\nretirement system and the New York city board of education retirement\nsystem. For the purpose of giving the transferring member such status\nand crediting such service in the retirement system to which the member\nis transferring as such member was allowed in the retirement system from\nwhich the member has transferred, the transfer shall be deemed complete\nupon receipt by the transferee retirement system of (a) a statement from\nthe transferor retirement system of the transferring member's date of\nmembership in the transferor retirement system, tier status, service\ncredited to the transferred membership, and such other information as\nthe transferee retirement system may require to effectuate the transfer,\n(b) such member's accumulated contributions from the transferor\nretirement system, if same had not been previously withdrawn, or notice\nfrom the transferor retirement system that such member had no\naccumulated contributions, or notice from the transferor retirement\nsystem that such member's accumulated contributions had been withdrawn\nand the amount thereof and, as applicable, receipt from such member of\nsuch member's accumulated contributions and interest, and (c) the\npension reserve in the case of a member who transfers in ten or more\nyears of credited service, except when transferring within and between\nthe New York city employees' retirement system, the New York city\nteachers' retirement system and the New York city board of education\nretirement system.\n
N.Y. EDN Law § 378 — New York Code / Act EDN / Title 1 / Article 8-A / Section 378
Lease agreements
Status: in_force

§ 378. Lease agreements. 1. Any agreement entered into between the\nfund and a state retirement system pursuant to section three hundred\nseventy-six of this chapter shall provide for (i) the construction,\nacquisition, reconstruction, rehabilitation or improvement of one or\nmore facilities, (ii) the leasing thereof and of the land upon which the\nsame is erected to the fund upon completion of construction,\nacquisition, reconstruction, rehabilitation or improvement for a term\nnot exceeding thirty years and upon such terms and conditions including\nannual rental as may be agreed upon, and (iii) the conveyance to the\nstate of title to any such facility at the expiration of the term of the\nlease or upon the earlier payment in full of the total amount specified\ntherein, without additional charge therefor. The state university shall\napprove any such agreement and shall be a party thereto. Any\nconstruction contract entered into by a state retirement system in\nconnection with such lease agreement shall be let, or otherwise entered\ninto, by the retirement system or its agent pursuant to the provisions\nof section three hundred seventy-six of this chapter. If so designated\nby a state retirement system, the fund may act as the agent of such\nretirement system in connection with the construction, acquisition,\nreconstruction, rehabilitation or improvement which the lease agreement\nrequires.\n  2. Any agreement entered into between the fund and the dormitory\nauthority pursuant to section three hundred seventy-six of this chapter\nshall provide for (i) the construction, acquisition, reconstruction,\nrehabilitation or improvement of one or more dormitories, and (ii) the\nleasing thereof to the state university for a term not exceeding forty\nyears and upon such terms and conditions including annual rental as may\nbe agreed upon. The state university shall approve any such contract and\nshall be a party to any lease made pursuant to its terms.\n  3. Any agreement entered into between the fund and a state agency\n(other than the dormitory authority) which is a public benefit\ncorporation shall provide for (i) the construction, acquisition,\nreconstruction, rehabilitation or improvement of one or more facilities,\nand (ii) the leasing thereof to the fund upon completion of\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nfor a term not exceeding thirty years and upon such terms and conditions\nincluding annual rental as may be agreed upon. The state university\nshall approve any such agreement and shall be a party thereto.\n  4. To secure the payment of rentals due or to become due in any year\nunder any lease agreement entered into pursuant to subdivision one or\nsubdivision three of this section, the fund may pledge or assign any or\nall moneys in the state university construction fund income account and\nin any rental reserve account established pursuant to subdivision five\nof this section, and any or all moneys which may be in either or both\nsuch accounts in the future, whether equal to or in excess of the amount\nof such rentals due or becoming due in any year, and any or all right,\ntitle and interest of the fund in and to the moneys in or to be\ndeposited in such accounts.\n  5. The fund may create and establish one or more separate accounts to\nbe known as "rental reserve accounts" and may pay into such reserve\naccounts (i) any moneys apportioned and paid by the state for the\npurposes of such reserve accounts pursuant to this subdivision, (ii) any\nmoneys in the state university construction fund income account directed\nto be transferred by the fund to such reserve accounts, and (iii) any\nother moneys which may be made available to the fund from any source or\nsources specifically for the purposes of such reserve accounts.\n  The moneys credited to any rental reserve account established under\nthis subdivision shall be used, except as hereinafter provided, solely\nfor the payment of rentals as they become due under one or more of the\nlease agreements referred to in subdivision one or subdivision three of\nthis section, provided, however, that the moneys in such account shall\nnot be withdrawn therefrom at any time in such amount as would reduce\nthe amount thereof to less than the maximum amount of rental becoming\ndue in any succeeding calendar year under such lease agreements, except\nfor the purpose of paying such rentals becoming due for the payment of\nwhich other moneys of the fund are not available.\n  Moneys in a rental reserve account not required for immediate use or\ndisbursement may be invested in obligations of the United States or the\nstate or obligations the principal and interest of which are guaranteed\nby the United States or the state. In computing the amount of a rental\nreserve account for the purposes of this subdivision, securities in\nwhich all or a portion of the account are invested shall be valued at\ntheir market value on a date within seven days of the computation or at\ntheir cost to the fund, whichever is less.\n  Any excess in a rental reserve account at the end of any fiscal year\nof the fund over the maximum amount of rental becoming due in any\nsucceeding calendar year under such lease agreements shall be withdrawn\nby the fund from such account and transferred to the state university\nconstruction fund income account to be used for the corporate purposes\nof the fund.\n  In order further to secure the maintenance in all rental reserve\naccounts established pursuant to this subdivision of an amount equal to\nthe maximum amount of rental becoming due in any succeeding calendar\nyear under the lease agreements to which the reserve account relates,\nthere shall be annually apportioned and paid to the fund for deposit in\nsuch rental reserve accounts such sum, if any, as shall be certified by\nthe chairman of the fund to the governor and director of the budget as\nnecessary to restore such accounts to an amount equal to the maximum\namount of rental becoming due in any succeeding calendar year under such\nlease agreements. The chairman of the fund shall annually, on or before\nDecember first, make and deliver to the governor and director of the\nbudget his certificate stating the amount, if any, required to restore\nsuch rental reserve accounts to the amount aforesaid and the amount so\nstated in said certificate, if any, shall be apportioned and paid to the\nfund during the then current state fiscal year.\n  No lease agreement which contains a provision for the establishment or\nmaintenance of a rental reserve account shall be entered into pursuant\nto this section unless the governor, or where so designated by the\ngovernor for such purpose, the director of the budget, shall have\napproved the terms thereof.\n  6. The attorney general shall pass upon the form and sufficiency and\nmanner of execution of any lease agreement entered into pursuant to this\nsection and the same shall not be effective unless so approved by him.\n  7. The state shall not be liable for any rentals payable by the fund\npursuant to the terms of a lease agreement entered into pursuant to this\nsection and such agreement shall contain among its terms a statement to\nsuch effect.\n
N.Y. ELN Law § 17-130 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-130
Misdemeanor in relation to elections
Status: in_force

§ 17-130. Misdemeanor in relation to elections. Any person who:\n  1. Acts as an inspector of election or as a clerk at an election,\nwithout being able to read or write the English language, or without\nbeing otherwise qualified to hold such office; or,\n  2. Being an inspector of election, knowingly and wilfully permits or\nsuffers any person to vote who is not entitled to vote thereat; or,\n  3. Wilfully and unlawfully obstructs, hinders or delays, or aids or\nassists in obstructing or delaying any elector on his way to a\nregistration or polling place, or while he is attempting to register or\nvote; or,\n  4. Electioneers on election day or on days of registration within one\nhundred feet, as defined herein, from a polling place. Said prohibition\nshall not apply to a building or room that has been maintained for\npolitical purposes at least six months prior to said election or\nregistration days, except that no political displays, placards or\nposters shall be exhibited therefrom. For the purposes of this section,\nthe one hundred feet distance shall be deemed to include a one hundred\nfoot radial measured from the entrances, designated by the inspectors of\nelections, to a building where the election or registration is being\nheld.\n  5. Removes any official ballot from a polling place before the closing\nof the polls; or,\n  6. Unlawfully goes within the guard-rail of any polling place or\nunlawfully remains within such guard-rail after having been commanded to\nremove therefrom by any inspector of election; or,\n  7. Enters a voting booth with any voter or remains in a voting booth\nwhile it is occupied by any voter, or opens the door of a voting booth\nwhen the same is occupied by a voter, with the intent to watch such a\nvoter while engaged in the preparation of his ballot, except as\nauthorized by this chapter; or,\n  8. Being or claiming to be a voter, permits any other person to be in\na voting booth with him while engaged in the preparation of his ballot,\nexcept as authorized by this chapter, without openly protesting against\nand asking that such person be ejected; or,\n  9. Having lawfully entered a voting booth with a voter, requests,\npersuades or induces such voter to vote any particular ballot or for any\nparticular candidate, or makes or keeps any memorandum of anything\noccurring within the booth, or directly or indirectly, reveals to\nanother the name of any candidate voted for by such voter; or,\n  10. Shows his ballot after it is prepared for voting, to any person so\nas to reveal the contents, or solicits a voter to show the same; or,\n  11. Places any mark upon his ballot, or does any other act in\nconnection with his ballot with the intent that it may be identified as\nthe one voted by him; or,\n  12. Places any mark upon, or does any other act in connection with a\nballot or paster ballot, with the intent that it may afterwards be\nidentified as having been voted by any particular person; or,\n  13. Receives an official ballot from any person other than one of the\nclerks or inspectors having charge of the ballots; or,\n  14. Not being an inspector of election or clerk, delivers an official\nballot to a voter; or,\n  15. Not being an inspector of election, receives from any voter a\nballot prepared for voting; or,\n  16. Fails to return to the inspectors of election, before leaving the\npolling place or going outside the guard-rail, each ballot not voted by\nhim; or,\n  17. Wilfully defaces, injures, mutilates, destroys or secretes any\nvoting maching which belongs to any municipality or board of elections\nfor use at elections, and any person who commits or attempts to commit a\nfraud in the use of any such voting machine during election; or,\n  18. Not being lawfully authorized, makes or has in his possession a\nkey to a voting machine which has been adopted and will be used in\nelections; or,\n  19. Not being an inspector or clerk of election, handles a voted or\nunvoted ballot or stub thereof, during the canvass of votes at an\nelection; or,\n  20. Intentionally opens a voter's ballot envelope or examines the\ncontents thereof after the receipt of the envelope by the board of\nelections and before the close of the polls at the election except as\nprovided in section 9-209 of this chapter; or,\n  21. Willfully disobeys any lawful command of the board of inspectors,\nor any member thereof; or,\n  22. Induces or attempts to induce any poll clerk, election inspector,\nelection coordinator, or officer, clerk or employee of the board of\nelections discharging any duty or performing any act required or made\nnecessary by the election law, to do any act in violation of his duty or\nin violation of the election law; or,\n  23. Not having been appointed or named an inspector of elections or\nclerk and not having taken the oath for such office shall wear or\ndisplay any button, badge or emblem identifying or purporting to\nidentify such person as an inspector of election or clerk, is guilty of\na misdemeanor.\n
N.Y. SOS Law § 383-B — New York Code / Act SOS / Article 6 / Title 1 / Section 383-B
Medical treatment for abused, neglected and destitute children; consent of commissioners
Status: in_force

§ 383-b. Medical treatment for abused, neglected and destitute\nchildren; consent of commissioners. The local commissioner of social\nservices or the local commissioner of health may give effective consent\nfor medical, dental, health and hospital services for any child who has\nbeen found by the family court to be an abused, neglected or destitute\nchild, or who has been taken into or kept in protective custody or\nremoved from the place where he or she is residing, or who has been\nplaced in the custody of such commissioner, pursuant to section four\nhundred seventeen of this article or section one thousand twenty-two,\nsection one thousand twenty-four, section one thousand twenty-seven,\nsection one thousand ninety-four or section one thousand ninety-five of\nthe family court act.\n
N.Y. EDN Law § 652 — New York Code / Act EDN / Title 1 / Article 14 / Part 1 / Section 652
New York state higher education services corporation; purposes; board of trustees
Status: in_force

§ 652. New York state higher education services corporation; purposes;\nboard of trustees. 1. There is hereby created in the State Education\nDepartment and within the University of the State of New York as\nestablished under the Board of Regents, an educational corporation to be\nknown as the New York State Higher Education Services Corporation.\n  2. The purposes of such corporation shall be:\n  a. To improve the post-secondary educational opportunities of eligible\nstudents through the centralized administration of New York state\nfinancial aid and loan programs;\n  b. To coordinate the state's administrative effort in student\nfinancial aid and loan programs with those of other levels of\ngovernment;\n  c. To support the administration by the federal government, other\nstates, and institutions of post-secondary education of the federal\nstudent aid programs established under Title IV of the Higher Education\nAct of nineteen hundred sixty-five, as amended, or any successor\nstatute.\n  3. The corporation shall be governed and all of its corporate powers\nexercised by a board of trustees which shall consist of fifteen members,\nnine of whom shall be appointed by the governor with the advice and\nconsent of the senate. The members not requiring the advice and consent\nof the senate shall be the commissioner of education, the chancellor of\nthe state university, the chancellor of the city university of the city\nof New York, and three students. One such student shall be the president\nof the student assembly of the state university of New York, one such\nstudent shall be the chair of the united student senate of city\nuniversity of New York, and one such student shall be a student\nregistered in a full time course of study at a state university\ncommunity college. In the event a student who shall be a member by\nreason of his or her office in a student organization shall fail to\nqualify, the student who holds the next highest office in the\norganization shall be the member of the board.\n  4. All members shall be at least eighteen years of age, citizens of\nthe United States and residents of the state. The appointed members\nshall consist of two representatives of banking institutions within the\nstate, two such members shall be the presidents of independent\ninstitutions of higher education within the state, one such member shall\nbe a president or chief executive officer of a school licensed or\nregistered pursuant to section five thousand one of this chapter, one\nsuch member shall be a financial aid officer at a higher education\ninstitution in New York, one such member shall be a president or chief\nexecutive officer of a degree granting proprietary college located\nwithin the state, one such member shall be a student currently\nregistered and in full time attendance at a degree granting independent\ninstitution of higher education in New York, and one shall be\nrepresentative of the public.\n  5. The appointed members shall serve for terms of six years each and\nshall be eligible for reappointment to successive terms; provided,\nhowever, that the student representative of the state university\ncommunity colleges shall serve for a term of one year.\n  6. The board of trustees shall elect, from among its appointed\nmembers, a chairman and vice-chairman who shall serve in such offices\nfor terms of one year and who shall be eligible for reelection for\nsuccessive terms. Vacancies shall be filled for the unexpired term in\nthe same manner as original appointments. Trustees, including the\nchairman and vice-chairman, shall receive no compensation for their\nservices but shall be reimbursed for their expenses actually and\nnecessarily incurred by them in the performance of their duties under\nthis article.\n  7. a. The board of trustees shall provide for the holding of regular\nmeetings and such special meetings at the call of the chairman, as may\nbe necessary. A majority of the trustees shall constitute a quorum for\nthe transaction of any business and the act of the majority of the\ntrustees present at any meeting shall be deemed the act of the board.\n  b. The agenda for any such meeting of the board of trustees shall be\navailable electronically on the higher education services corporation\nwebsite three days prior to the meetings and shall be considered a\npublic record. The attendance, minutes, voting record, and either\ntranscripts or video record, for any such meeting of the board of\ntrustees shall be electronically available on the higher education\nservices corporation website no later than seven days after the meeting\nand shall be considered public records. Information posted on the higher\neducation services corporation website regarding board of trustee\nmeetings shall remain on the site as archived data for a minimum of ten\nyears.\n  c. Any such meeting of the board of trustees shall be conducted in\naccordance with article seven of the public officers law.\n  8. The commissioner of education, the chancellor of the state\nuniversity and the chancellor of the city university each may, by\nofficial authority filed in his or her respective department or\nuniversity, and with the secretary of the board, designate an officer of\nhis or her respective department or university to represent and exercise\nall the powers of such commissioner or chancellor as the case may be at\nall meetings of the board from which such commissioner or chancellor may\nbe absent.\n
N.Y. PBH Law § 4102 — New York Code / Act PBH / Article 41 / Title 1 / Section 4102
Vital statistics; violations; penalties
Status: in_force

§ 4102. Vital statistics; violations; penalties. 1. Any person shall\nbe deemed guilty of a misdemeanor, and upon conviction thereof shall for\nthe first offense be fined not less than five dollars nor more than\nfifty dollars and for each subsequent offense not less than ten dollars\nor more than one hundred dollars or be imprisoned in the county jail not\nmore than sixty days, or be both fined and imprisoned in the discretion\nof the court, who for himself or as an officer, agent, or employee of\nany other person, or of any corporation or partnership, shall:\n  (a) refuse or fail to furnish correctly any information in his\npossession, or shall furnish false information affecting any certificate\nor record, required by this article; or,\n  (b) wilfully alter, otherwise than is provided by this article, or\nshall falsify any certificate of birth or death, or any record\nestablished by this article; or,\n  (c) being required by this article to fill out a certificate of death\nand file the same with the local registrar, or deliver it, upon request,\nto any person charged with the duty of filing the same, shall fail,\nneglect or refuse to perform such duty in the manner required by this\narticle; or,\n  (d) inter, cremate, or otherwise finally dispose of the dead body of a\nhuman being, or permit the same to be done, or shall remove said body\nfrom the primary registration district in which the death occurred or\nthe body was found, without the authority of a burial or removal permit\nissued by the local registrar of the district in which the death\noccurred, or in which the body was found, except as provided in section\nfour thousand one hundred forty-four of this article; or,\n  (e) being a registrar, deputy registrar, or subregistrar, shall fail,\nneglect or refuse to perform his duty as required by this article and by\nthe instructions and directions of the commissioner thereunder.\n  2. Whenever any physician, nurse-midwife, or other person shall fail\nor neglect properly to record and file a certificate of birth as\nrequired by this article such person shall be liable to a penalty of not\nless than five dollars nor more than fifty dollars for the first and\nsecond offenses, which penalty may be recovered by an action brought by\nthe commissioner in any court of competent jurisdiction, and for every\nsubsequent offense, such person shall be guilty of a misdemeanor,\npunishable by a fine of not less than ten nor more than one hundred\ndollars, or by imprisonment for not more than sixty days, or both.\n
N.Y. SOS Law § 152-D — New York Code / Act SOS / Article 5 / Title 1 / Section 152-D
Replacement of stolen public assistance
Status: in_force

§ 152-d. Replacement of stolen public assistance. 1. Notwithstanding\nsection three hundred fifty-j of this article and subdivision eleven of\nsection one hundred thirty-one of this title, and in accordance with\nthis section, public assistance recipients shall receive replacement\nassistance for the loss of public assistance, as defined in subdivision\nnineteen of section two of this chapter, in instances when such public\nassistance has been stolen as a result of card skimming, cloning, third\nparty misrepresentation or other similar fraudulent activities,\nconsistent with guidance issued by the office of temporary and\ndisability assistance.\n  2. The office of temporary and disability assistance shall establish a\nprotocol for recipients to report incidents of stolen public assistance.\nThis protocol will be administered by social services districts pursuant\nto guidance issued by the office of temporary and disability assistance.\n  3. Social services districts shall promptly replace stolen public\nassistance, however, such replacement shall occur no later than five\nbusiness days after the social services district has verified the public\nassistance was stolen in accordance with guidance established by the\noffice of temporary and disability assistance consistent with federal\nand state laws, regulations and guidance, provided, however, that social\nservices districts shall not ask recipients to obtain a police report or\nrequire any other interaction with law enforcement unless required by\nfederal law, regulation, or guidance for either public assistance or\nsupplemental nutrition assistance program benefits.\n  4. For public assistance that is verified as stolen, replacement\nassistance shall be provided by the social services district in\naccordance with this section as follows:\n  (a) the lesser of: (i) the amount of public assistance that was\nstolen; or (ii) the amount of public assistance equal to two months of\nthe monthly allotment of the household immediately prior to the date\nupon which the public assistance was stolen; provided, however, the\ncommissioner may promulgate regulations for the provision of additional\nreplacement assistance in extenuating circumstances consistent with\nfederal and state laws, regulations and guidance; and\n  (b)(i) no more than twice in a federal fiscal year to cover public\nassistance stolen on or after January first, two thousand twenty-two\nthrough September thirtieth, two thousand twenty-four; or (ii) no more\nthan once in a federal fiscal year to cover public assistance stolen on\nor after October first, two thousand twenty-four.\n  5. Any replacement assistance provided under this section shall be\nexempt from recoupment and recovery provisions under title six of\narticle three of this chapter; provided, however, that assistance shall\nnot be exempt from recoupment and recovery if it is later determined\nthat the public assistance that was replaced pursuant to this section\nwas not stolen as a result of card skimming, cloning, third party\nmisrepresentation or other similar fraudulent activities.\n  6. The office of temporary and disability assistance shall make a\nmodel sign available on its website that can be used by any person,\nfirm, partnership, association or corporation required to inform\nindividuals about electronic benefit transfer scams, including, but not\nlimited to, skimming, and the steps they can take to protect their\nbenefits in accordance with section three hundred ninety-e of the\ngeneral business law.\n
N.Y. EDN Law § 1115 — New York Code / Act EDN / Title 1 / Article 23 / Part 2 / Section 1115
Indebtedness of special education district
Status: in_force

§ 1115. Indebtedness of special education district.  For the purpose\nof giving effect to the provisions of part two of this article the board\nof supervisors or other governing elective body of such county may issue\nobligations of the county pursuant to the provisions of the local\nfinance law, which obligations shall be a charge upon the special\neducation district.  Whenever at the time of its enlargement the special\neducation district shall have an outstanding bonded indebtedness, such\noutstanding indebtedness shall become a charge against the enlarged\ndistrict.\n
N.Y. EDN Law § 256 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 256
Contracts
Status: in_force

§ 256. Contracts.  1. Any authority named in section two hundred\nfifty-five may, individually or jointly with another municipal or\ndistrict body or tribal government, grant money for the support of the\ncost of maintaining or the cost of any capital improvements to or\nexpenditure for one or more:  free association libraries, provided such\nlibraries are registered by the regents; public libraries, provided such\nlibraries are registered by the regents; and cooperative library systems\napproved by the commissioner; or may, individually or jointly with\nanother municipal or district body or tribal government, contract with\nthe trustees of a free association library registered by the regents, or\nwith any municipal or district body having control of such a library, or\nwith the trustees of the cooperative library system, or with the\ntrustees of a public library registered by the regents to furnish\nlibrary services to the people of the municipality, district or\nreservation for whose benefit the contract is made, under such terms and\nconditions as may be stated in such contract.  The amount agreed to be\npaid for such services under such contract shall be a charge upon the\nmunicipal or district bodies or tribal government which agree to make\nthe payment and shall be paid directly to the treasurer of the free\nassociation library, public library or of the cooperative library\nsystem.\n  2. When the municipality agreeing to make the payment or grant is a\ntown in which there are one or more incorporated villages, which village\nor villages jointly with such town contract with the trustees of a\ncooperative library system, a free association library or with another\nmunicipal district or body having control of a public library whether or\nnot such district or body is an incorporated village in such town, the\namount appropriated by the town board in such town shall be a charge\nupon the taxable property of that part of the town outside of any such\nincorporated village.\n
N.Y. LAB Law § 160 — New York Code / Act LAB / Article 5 / Title 1 / Section 160
Hours to constitute a day's work
Status: in_force

§ 160. Hours to constitute a day's work. Unless otherwise provided by\nlaw, the following number of hours shall constitute a legal day's work:\n  1. For street surface or elevated railroad employees as affected by\nsection one hundred and sixty-four, ten consecutive hours, including\none-half hour for dinner.\n  2. For employees engaged in the operation of steam or electric\nsurface, subway or elevated railroads where the mileage system of\nrunning trains is not in use, except those employees affected by section\none hundred and sixty-six, ten hours, performed within twelve\nconsecutive hours.\n  3. For all other employees, except those engaged in farm work and\nthose affected by subdivision four of section two hundred twenty of this\nchapter, eight hours.\n  This subdivision shall not prevent an agreement for overwork at an\nincreased compensation, except upon work by or for the state or a\nmunicipal corporation, or by contractors or subcontractors therewith,\nand except as otherwise provided in this chapter.\n
N.Y. EDN Law § 652-A — New York Code / Act EDN / Title 1 / Article 14 / Part 1 / Section 652-A
Employees of the New York state higher education services corporation; background checks
Status: in_force

§ 652-a. Employees of the New York state higher education services\ncorporation; background checks. 1. Current and prospective employees of\nthe corporation shall be subject to background and security clearance\ninvestigations required in the ordinary course of the corporation's\nbusiness if background and security clearance are necessary for employee\nparticipation or proposed participation in the administration of federal\nstudent loans or other federal programs under the federal direct loan\nprogram.\n  2. Such background or security clearance investigation shall be\nperformed by the corporation or on behalf of the corporation by a state\nor federal government agency authorized to perform such investigations.\nThe corporation shall be authorized to request and receive from the\ndivision of criminal justice services or federal government agency\nhaving facilities for performing such services: security clearance\ninformation, including criminal background and credit information for\ncorporation employees, New York state employees seeking transfer to the\ncorporation under section seventy of the civil service law, New York\nstate employees seeking hire at the corporation who are on a preferred\nlist subject to section eighty-one of the civil service law, or New York\nstate employees seeking hire at the corporation through their place on\nan eligible list as defined in section fifty-six of the civil service\nlaw and who have successfully completed a promotional exam subject to\nsection fifty-two of the civil service law if such security information\nis necessary for the employees to be in compliance with the\nadministration of federal student loans or other federal programs under\nthe federal direct loan program. The corporation shall inform subjects\nof background and security clearance investigations of the factors to be\nconsidered in the evaluation of the criminal background information and\ncredit information obtained.\n  3. If an employee or prospective employee needs background and\nsecurity clearance in order to be compliant with the administration of\nfederal student loans or other federal programs under the federal direct\nloan program, the corporation shall be authorized to require such an\nemployee or prospective employee to submit to the corporation or other\nstate or federal government agency authorized to perform such\ninvestigations identifying information, which shall include\nfingerprints, personal information, or other authorizations, required by\nthe corporation or the division of criminal justice services or federal\ngovernment agency authorized to perform such investigations. The\nfingerprints so obtained shall be forthwith forwarded to the division of\ncriminal justice services for a state criminal history record check, and\nthe federal bureau of investigation or other federal government agency\nhaving facilities for conducting a national criminal history record\ncheck, for the purposes of determining whether or not criminal charges\nare pending against the employee or prospective employee or whether or\nnot the employee or prospective employee had previously been convicted\nof a crime, and such agency shall report a finding of such pending\ncharges and previous convictions, if any, to the corporation in writing\nor by electronic means or any other method agreed upon by the\ncorporation and the agency. All such criminal history records or other\nbackground information received by the corporation shall be confidential\npursuant to applicable federal and state laws, rules and regulations,\nand shall not be published or in any way disclosed except to those\nemployees of the corporation responsible for evaluating the information\nobtained or upon the request of federal officials responsible for\nadministration of a federal student loan program. All determinations\nmade pursuant to this section shall be in accordance with the provisions\nof subdivision sixteen of section two hundred ninety-six of the\nexecutive law and article twenty-three-A of the correction law unless\nsuch provisions are in direct conflict with federal law or federal loan\nprogram requirements. The corporation shall provide the subject of the\ncriminal history check or checks with a copy of any criminal history\nrecord together with a copy of article twenty-three-A of the correction\nlaw and inform such applicant of his or her right to seek correction of\nany incorrect information contained in such record. The subject shall\nhave the right to seek correction of any incorrect information contained\nin such records pursuant to applicable state and federal laws and\nregulations. The corporation shall be responsible for any fees\nassociated with background and security checks required by this section\nfor current employees.\n
N.Y. ISC Law § 4900 — New York Code / Act ISC / Article 49 / Title 1 / Section 4900
Definitions
Status: in_force

§ 4900. Definitions. For purposes of this article:\n  (a) "Adverse determination" means a determination by a utilization\nreview agent that an admission, extension of stay, or other health care\nservice, upon review based on the information provided, is not medically\nnecessary.\n  (b) "Clinical peer reviewer" means:\n  (1) for purposes of section four thousand nine hundred three of this\narticle:\n  (A) a physician who possesses a current and valid non-restricted\nlicense to practice medicine; or\n  (B) a health care professional other than a licensed physician who:\n  (i) where applicable, possesses a current and valid non-restricted\nlicense, certificate or registration or, where no provision for a\nlicense, certificate or registration exists, is credentialed by the\nnational accrediting body appropriate to the profession; and\n  (ii) is in the same profession and same or similar specialty as the\nhealth care provider who typically manages the medical condition or\ndisease or provides the health care service or treatment under review;\nor\n  * (C) for purposes of a determination involving substance use disorder\ntreatment:\n  (i) a physician who possesses a current and valid non-restricted\nlicense to practice medicine and who specializes in behavioral health\nand has experience in the delivery of substance use disorder courses of\ntreatment; or\n  (ii) a health care professional other than a licensed physician who\nspecializes in behavioral health and has experience in the delivery of\nsubstance use disorder courses of treatment and, where applicable,\npossesses a current and valid non-restricted license, certificate or\nregistration or, where no provision for a license, certificate or\nregistration exists, is credentialed by the national accrediting body\nappropriate to the profession; or\n  * NB Effective until January 1, 2027\n  * (C) for purposes of a determination involving substance-related and\naddictive disorder treatment:\n  (i) a physician who possesses a current and valid non-restricted\nlicense to practice medicine and who specializes in behavioral health\nand has experience in the delivery of substance-related and addictive\ndisorder courses of treatment; or\n  (ii) a health care professional other than a licensed physician who\nspecializes in behavioral health and has experience in the delivery of\nsubstance-related and addictive disorder courses of treatment and, where\napplicable, possesses a current and valid non-restricted license,\ncertificate or registration or, where no provision for a license,\ncertificate or registration exists, is credentialed by the national\naccrediting body appropriate to the profession; or\n  * NB Effective January 1, 2027\n  (D) for purposes of a determination involving treatment for a mental\nhealth condition:\n  (i) a physician who possesses a current and valid non-restricted\nlicense to practice medicine and who specializes in behavioral health\nand has experience in the delivery of mental health courses of\ntreatment; or\n  (ii) a health care professional other than a licensed physician who\nspecializes in behavioral health and has experience in the delivery of\nmental health courses of treatment and, where applicable, possesses a\ncurrent and valid non-restricted license, certificate, or registration\nor, where no provision for a license, certificate or registration\nexists, is credentialed by the national accrediting body appropriate to\nthe profession; and\n  (2) for purposes of section four thousand nine hundred four and title\ntwo of this article:\n  (A) a physician who:\n  (i) possesses a current and valid non-restricted license to practice\nmedicine;\n  (ii) where applicable, is board certified or board eligible in the\nsame or similar specialty as the health care provider who typically\nmanages the medical condition or disease or provides the health care\nservice or treatment under appeal;\n  (iii) for purposes of title two of this article, has been practicing\nin such area of specialty for a period of at least five years;\n  * (iv) for purposes of a determination involving substance use\ndisorder treatment, possesses a current and valid non-restricted license\nto practice medicine and who specializes in behavioral health and has\nexperience in the delivery of substance use disorder courses of\ntreatment;\n  * NB Effective until January 1, 2027\n  * (iv) for purposes of a determination involving substance-related and\naddictive disorder treatment, possesses a current and valid\nnon-restricted license to practice medicine and who specializes in\nbehavioral health and has experience in the delivery of\nsubstance-related and addictive disorder courses of treatment;\n  * NB Effective January 1, 2027\n  (v) for purposes of a determination involving treatment for a mental\nhealth condition, possesses a current and valid non-restricted license\nto practice medicine and who specializes in behavioral health and has\nexperience in the delivery of mental health courses of treatment; and\n  (vi) is knowledgeable about the health care service or treatment under\nappeal; or\n  (B) a health care professional other than a licensed physician who:\n  (i) where applicable, possesses a current and valid non-restricted\nlicense, certificate or registration;\n  (ii) where applicable, is credentialed by the national accrediting\nbody appropriate to the profession in the same profession and same or\nsimilar specialty as the health care provider who typically manages the\nmedical condition or disease or provides the health care service or\ntreatment under appeal;\n  (iii) for purposes of title two of this article, has been practicing\nin such area of specialty for a period of at least five years;\n  * (iv) for purposes of a determination involving substance use\ndisorder treatment, specializes in behavioral health and has experience\nin the delivery of substance use disorder courses of treatment and,\nwhere applicable, possesses a current and valid non-restricted license,\ncertificate or registration or, where no provision for a license,\ncertificate or registration exists, is credentialed by the national\naccrediting body appropriate to the profession;\n  * NB Effective until January 1, 2027\n  * (iv) for purposes of a determination involving substance-related and\naddictive disorder treatment, specializes in behavioral health and has\nexperience in the delivery of substance-related and addictive disorder\ncourses of treatment and, where applicable, possesses a current and\nvalid non-restricted license, certificate or registration or, where no\nprovision for a license, certificate or registration exists, is\ncredentialed by the national accrediting body appropriate to the\nprofession;\n  * NB Effective January 1, 2027\n  (v) for purposes of a determination involving treatment for a mental\nhealth condition, specializes in behavioral health and has experience in\nthe delivery of mental health courses of treatment and, where\napplicable, possesses a current and valid non-restricted license,\ncertificate, or registration or, where no provision for a license,\ncertificate or registration exists, is credentialed by the national\naccrediting body appropriate to the profession;\n  (vi) is knowledgeable about the health care service or treatment under\nappeal; and\n  (vii) where applicable to such health care professional's scope of\npractice, is clinically supported by a physician who possesses a current\nand valid non-restricted license to practice medicine.\n  (3) Nothing in this subsection shall be construed to change any\nstatutorily-defined scope of practice.\n  (b-1) "Clinical standards" means those guidelines and standards set\nforth in the utilization review plan by the utilization review agent\nwhose adverse determination is under appeal or, in the case of medically\nfragile children those guidelines and standards as required by section\nthree thousand two hundred seventeen-j and four thousand three hundred\nsix-i of this chapter.\n  (b-2) "Clinical trial" means a peer-reviewed study plan which has\nbeen:\n  (1) reviewed and approved by a qualified institutional review board,\nand\n  (2) approved by one of the National Institutes of Health (NIH), or an\nNIH cooperative group or an NIH center, or the Food and Drug\nAdministration in the form of an investigational new drug exemption, or\nthe federal Department of Veteran Affairs, or a qualified\nnongovernmental research entity as identified in guidelines issued by\nindividual NIH Institutes for center support grants, or an institutional\nreview board of a facility which has a multiple project assurance\napproved by the Office of Protection from Research Risks of the National\nInstitutes of Health.\n  As used in this subsection, the term "cooperative groups" means formal\nnetworks of facilities that collaborate on research projects and have\nestablished NIH-approved peer review programs operating within their\ngroups; and that include, but are not limited to, the National Cancer\nInstitute (NCI) Clinical Cooperative Groups, the NCI Community Clinical\nOncology Program (CCOP), the AIDS Clinical Trials Groups (ACTG), and the\nCommunity Programs for Clinical Research in AIDS (CPCRA).\n  * (b-3) "Disabling condition or disease" means a condition or disease\nwhich, according to the current diagnosis of the enrollee's attending\nphysician, is consistent with the definition of "disabled person"\npursuant to subdivision five of section two hundred eight of the social\nservices law.\n  * NB Effective until January 1, 2027\n  * (b-3) "Chronic health condition" means a condition that is expected\nto last for at least one year and requires ongoing treatment to\neffectively manage the condition or prevent an adverse health event.\n  * NB Effective January 1, 2027\n  * (b-4) "Disabling condition or disease" means a condition or disease\nwhich, according to the current diagnosis of the enrollee's attending\nphysician, is consistent with the definition of "disabled person"\npursuant to subdivision five of section two hundred eight of the social\nservices law.\n  * NB Effective January 1, 2027\n  (c) "Emergency condition" means a medical or behavioral condition,\nthat manifests itself by acute symptoms of sufficient severity,\nincluding severe pain, such that a prudent layperson, possessing an\naverage knowledge of medicine and health, could reasonably expect the\nabsence of immediate medical attention to result in (1) placing the\nhealth of the person afflicted with such condition in serious jeopardy,\nor in the case of a behavioral condition placing the health of such\nperson or others in serious jeopardy; (2) serious impairment to such\nperson's bodily functions; (3) serious dysfunction of any bodily organ\nor part of such person; (4) serious disfigurement of such person; or (5)\na condition described in clause (i), (ii) or (iii) of section\n1867(e)(1)(A) of the Social Security Act.\n  (d) "Insured" means a person subject to utilization review.\n  (d-1) "Experimental and investigational treatment review plan" means:\n  (1) a description of the process for developing the written clinical\nreview criteria used in rendering an experimental and investigational\ntreatment review determination; and\n  (2) a description of the qualifications and experience of the clinical\npeers who developed the criteria, who are responsible for periodic\nevaluation of the criteria, and who use the written clinical review\ncriteria in the process of reviewing proposed experimental and\ninvestigational health services and procedures.\n  (d-2) "External appeal" means an appeal conducted by an external\nappeal agent, pursuant to section four thousand nine hundred fourteen of\nthis article.\n  (d-3) "External appeal agent" means an entity certified by the\nsuperintendent pursuant to section four thousand nine hundred eleven of\nthis article.\n  (d-4) "Final adverse determination" means an adverse determination\nwhich has been upheld by a utilization review agent with respect to a\nproposed health care service following a standard appeal, or an\nexpedited appeal where applicable, pursuant to section four thousand\nnine hundred four of this title.\n  (d-5) "Health care plan" means an insurer subject to article\nthirty-two or forty-three of this chapter, or any organization licensed\nunder article forty-three of this chapter.\n  (e) (1) For purposes of this title and for appeals requested pursuant\nto paragraph one of subsection (b) of section four thousand nine hundred\nten of title two of this article, "health care service" means:\n  (A) health care procedures, treatments or services\n  (i) provided by a facility licensed pursuant to article twenty-eight,\nthirty-six, forty-four or forty-seven of the public health law or\npursuant to article nineteen, twenty-three, thirty-one or thirty-two of\nthe mental hygiene law; or\n  (ii) provided by a health care professional; and\n  (B) the provision of pharmaceutical products or services or durable\nmedical equipment.\n  (2) For purposes of appeals requested pursuant to paragraph two of\nsubsection (b) of section four thousand nine hundred ten of title two of\nthis article, "health care services" shall mean experimental or\ninvestigational procedures, treatments or services, including:\n  (A) services provided within a clinical trial, and\n  (B) the provision of a pharmaceutical product pursuant to prescription\nby the enrollee's attending physician for a use other than those uses\nfor which such pharmaceutical product has been approved for marketing by\nthe federal Food and Drug Administration;\nto the extent that coverage for such services are prohibited by law from\nbeing excluded under the plan.\n  Provided that nothing in this subsection shall be construed to define\nwhat are covered services pursuant to a subscriber contract or\ngovernmental health benefit program.\n  (f) "Health care professional" means an appropriately licensed,\nregistered or certified health care professional pursuant to title eight\nof the education law or a health care professional comparably licensed,\nregistered or certified by another state.\n  (g) "Health care provider" means a health care professional or a\nfacility licensed pursuant to article twenty-eight, thirty-six,\nforty-four or forty-seven of the public health law or a facility\nlicensed pursuant to article nineteen, twenty-three, thirty-one or\nthirty-two of the mental hygiene law.\n  (g-1) "Life-threatening condition or disease" means a condition or\ndisease which, according to the current diagnosis of the enrollee's\nattending physician, has a high probability of causing the enrollee's\ndeath.\n  (g-2) "Material familial affiliation" means any relationship as a\nspouse, child, parent, sibling, spouse's parent, spouse's child, child's\nparent, child's spouse, or sibling's spouse.\n  (g-3) "Material financial affiliation" means any financial interest of\nmore than five percent of total annual revenue or total annual income of\nan external appeal agent or officer, director, or management employee\nthereof; or clinical peer reviewer employed or engaged thereby to\nconduct any external appeal. The term "material financial affiliation"\nshall not include revenue received from a health care plan by (1) an\nexternal appeal agent to conduct an external appeal pursuant to section\nfour thousand nine hundred fourteen of title two of this article, or (2)\na clinical peer reviewer for health services rendered to enrollees.\n  (g-4) "Material professional affiliation" means any physician-patient\nrelationship, any partnership or employment relationship, a shareholder\nor similar ownership interest in a professional corporation, or any\nindependent contractor arrangement that constitutes a material financial\naffiliation with any expert or any officer or director of the\nindependent organization.\n  (g-5) "Medical and scientific evidence" means the following sources:\n  (1) peer-reviewed scientific studies published in, or accepted for\npublication by, medical journals that meet nationally recognized\nrequirements for scientific manuscripts and that submit most of their\npublished articles for review by experts who are not part of the\neditorial staff;\n  (2) peer-reviewed medical literature, including literature relating to\ntherapies reviewed and approved by a qualified institutional review\nboard, biomedical compendia and other medical literature that meet the\ncriteria of the National Institute of Health's National Library of\nMedicine for indexing in Index Medicus, Excerpta Medicus, Medline and\nMEDLARS database Health Services Technology Assessment Research;\n  (3) peer-reviewed abstracts accepted for presentation at major medical\nassociation meetings;\n  (4) peer-reviewed literature shall not include publications or\nsupplements to publications sponsored to a significant extent by a\npharmaceutical manufacturing company or medical device manufacturer;\n  (5) medical journals recognized by the secretary of Health and Human\nServices, under section 1861 (t)(2) of the federal Social Security Act;\n  (6) the following standard reference compendia:\n  (A) the American Hospital Formulary Service - Drug Information;\n  (B) the National Comprehensive Cancer Network's Drugs and Biologics\nCompendium;\n  (C) the American Dental Association Accepted Dental Therapeutics;\n  (D) Thomson Micromedex DrugDex;\n  (E) Elsevier Gold Standard's Clinical Pharmacology; or other\nauthoritative compendia as identified by the Federal Secretary of Health\nand Human Services or the Centers for Medicare & Medicaid Services\n(CMS); or recommended by review article or editorial comment in a major\npeer reviewed professional journal;\n  (7) findings, studies, or research conducted by or under the auspices\nof federal government agencies and nationally recognized federal\nresearch institutes including the federal Agency for Health Care Policy\nand Research, National Institutes of Health, National Cancer Institute,\nNational Academy of Sciences, Health Care Financing Administration,\nCongressional Office of Technology Assessment, and any national board\nrecognized by the National Institutes of Health for the purpose of\nevaluating the medical value of health services.\n  (g-6) "Out-of-network denial" means a denial under a managed care\nproduct as defined in subsection (c) of section four thousand eight\nhundred one of this chapter of a request for pre-authorization to\nreceive a particular health service from an out-of-network provider on\nthe basis that such out-of-network health service is not materially\ndifferent than the health service available in-network. The notice of an\nout-of-network denial provided to an insured shall include information\nexplaining what information the insured must submit in order to appeal\nthe out-of-network denial pursuant to subsection (a-1) of section four\nthousand nine hundred four of this article. An out-of-network denial\nunder this subsection does not constitute an adverse determination as\ndefined in this article. Notwithstanding any other provision of this\nsubsection, an out-of-network denial shall not be construed to include a\ndenial for a referral to an out-of-network provider on the basis that a\nhealth care provider is available in-network to provide the particular\nhealth service requested by the insured.\n  (g-6-a) "Out-of-network referral denial" means a denial under a\nmanaged care product as defined in subsection (c) of section four\nthousand eight hundred one of this chapter of a request for an\nauthorization or referral to an out-of-network provider on the basis\nthat the health care plan has a health care provider in the in-network\nbenefits portion of its network with appropriate training and experience\nto meet the particular health care needs of an insured, and who is able\nto provide the requested health service. The notice of an out-of-network\nreferral denial provided to an insured shall include information\nexplaining what information the insured must submit in order to appeal\nthe out-of-network referral denial pursuant to subsection (a-2) of\nsection four thousand nine hundred four of this article. An\nout-of-network referral denial under this subsection does not constitute\nan adverse determination as defined in this article. An out-of-network\nreferral denial shall not be construed to include an out-of-network\ndenial as defined in subsection (g-6) of this section.\n  (g-7) "Rare disease" means a condition or disease that (1)(A) is\ncurrently or has been subject to a research study by the National\nInstitutes of Health Rare Diseases Clinical Research Network; or (B)\naffects fewer than two hundred thousand United States residents per\nyear; and (2) for which there does not exist a standard health service\nor procedure covered by the health care plan that is more clinically\nbeneficial than the requested health service or treatment. A physician,\nother than the insured's treating physician, shall certify in writing\nthat the condition is a rare disease as defined in this subsection. The\ncertifying physician shall be a licensed, board-certified or\nboard-eligible physician who specializes in the area of practice\nappropriate to treat the insured's rare disease. The certification shall\nprovide either: (1) that the insured's rare disease is currently or has\nbeen subject to a research study by the National Institutes of Health\nRare Diseases Clinical Research Network; or (2) that the insured's rare\ndisease affects fewer than two hundred thousand United States residents\nper year. The certification shall rely on medical and scientific\nevidence to support the requested health service or procedure, if such\nevidence exists, and shall include a statement that, based on the\nphysician's credible experience, there is no standard treatment that is\nlikely to be more clinically beneficial to the insured than the\nrequested health service or procedure and the requested health service\nor procedure is likely to benefit the insured in the treatment of the\ninsured's rare disease and that such benefit to the insured outweighs\nthe risks of such health service or procedure. The certifying physician\nshall disclose any material financial or professional relationship with\nthe provider of the requested health service or procedure as part of the\napplication for external appeal of denial of a rare disease treatment.\nIf the provision of the requested health service or procedure at a\nhealth care facility requires prior approval of an institutional review\nboard, an insured or insured's designee shall also submit such approval\nas part of the external appeal application.\n  (g-8) "Step therapy protocol override determination" means a\ndetermination made by a utilization review agent as defined in\nsubsection (i) of this section to override a step therapy protocol\npursuant to subsections (c-1), (c-2) and (c-3) of section forty-nine\nhundred three of this title granting coverage for the health care\nprofessional's selected prescription drug or drugs. Any step therapy\noverride determination as defined by this subsection shall be eligible\nfor appeal by an insured pursuant to this article.\n  (g-9) "Step therapy protocol" means a policy, protocol or program\nestablished by a utilization review agent as defined in subsection (i)\nof this section that establishes the specific sequence in which\nprescription drugs for a specified medical condition are approved for a\nparticular insured. Nothing in this chapter shall impair or prevent an\ninsured from having the right to appeal pursuant to this article\nrelating to the imposition of a step therapy protocol.\n  (h) "Utilization review" means the review to determine whether health\ncare services that have been provided, are being provided or are\nproposed to be provided to a patient, whether undertaken prior to,\nconcurrent with or subsequent to the delivery of such services are\nmedically necessary. For the purposes of this article none of the\nfollowing shall be considered utilization review:\n  (1) Denials based on failure to obtain health care services from a\ndesignated or approved health care provider as required under a\ncontract;\n  (2) Where any determination is rendered pursuant to subdivision\nthree-a of section twenty-eight hundred seven-c of the public health\nlaw;\n  (3) The review of the appropriateness of the application of a\nparticular coding to a patient, including the assignment of diagnosis\nand procedure;\n  (4) Any issues relating to the determination of the amount or extent\nof payment other than determinations to deny payment based on an adverse\ndetermination; and\n  (5) Any determination of any coverage issues other than whether health\ncare services are or were medically necessary.\n  (i) "Utilization review agent" means any insurer subject to article\nthirty-two or forty-three of this chapter and any municipal cooperative\nhealth benefit plan certified pursuant to article forty-seven of this\nchapter performing utilization review and any independent utilization\nreview agent performing utilization review under contract with such\ninsurer or municipal cooperative health benefit plan.\n  (j) "Utilization review plan" means: (1) a description of the process\nfor developing the written clinical review criteria; (2) a description\nof the types of written clinical information which the plan might\nconsider in its clinical review, including a set of specific written\nclinical review criteria; (3) a description of practice guidelines and\nstandards used by a utilization review agent in carrying out a\ndetermination of medical necessity, which, in the case of medically\nfragile children, shall incorporate the standards required by sections\nthree thousand two hundred seventeen-j and four thousand three hundred\nsix-i of this chapter; (4) the procedures for scheduled review and\nevaluation of the written clinical review criteria; and (5) a\ndescription of the qualifications and experience of the health care\nprofessionals who developed the criteria, who are responsible for\nperiodic evaluation of the criteria and of the health care professionals\nor others who use the written clinical review criteria in the process of\nutilization review.\n
N.Y. DOM Law § 75-G — New York Code / Act DOM / Article 5-A / Title 1 / Section 75-G
Notice to persons outside state
Status: in_force

§ 75-g. Notice to persons outside state.  1. Notice required for the\nexercise of jurisdiction when a person is outside this state shall be\ngiven in a manner prescribed by the law of this state for service of\nprocess, as provided in paragraph (a), (b) or (c) of this subdivision,\nor by the law of the state in which the service is made, as provided in\nparagraph (d) of this subdivision. Notice must be given in a manner\nreasonably calculated to give actual notice. If a person cannot be\nserved with notice within the state, the court shall require that such\nperson be served in a manner reasonably calculated to give actual\nnotice, as follows:\n  (a) by personal delivery outside the state in the manner prescribed by\nsection three hundred thirteen of the civil practice law and rules; or\n  (b) by any form of mail requesting a receipt; or\n  (c) in such manner as the court, upon motion, directs, including\npublication, if service is impracticable under paragraph (a) or (b) of\nthis subdivision; or\n  (d) in such manner as prescribed by the law of the state in which\nservice is made.\n  2. Proof of service outside the state shall be by affidavit of the\nindividual who made the service, or in the manner prescribed by the\norder pursuant to which service is made. If service is made by mail,\nproof may be by a receipt signed by the addressee or other evidence of\ndelivery to the addressee. Proof of service may also be in the manner\nprescribed by the law of the state in which the service is made.\n  3. Notice is not required for the exercise of jurisdiction with\nrespect to a person who submits to the jurisdiction of the court.\n
N.Y. EDN Law § 281 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 281
Loans and extensions of credit to infants
Status: in_force

§ 281. Loans and extensions of credit to infants. A contract hereafter\nmade by an infant after he has attained the age of sixteen years in\nrelation to obtaining a loan or extension of credit from an institution\nof the university of the state of New York in connection with such\ninfant's attendance upon a course of instruction offered by such\ninstitution, or from a bank, trust company or national bank having a\nprincipal, branch or trust office in this state for the purpose of\ndefraying all or a portion of the expenses of such infant's attendance\nupon a course of instruction in an institution of the university of the\nstate of New York or any other institution for higher education without\nthis state which is a member of or accredited by an accrediting agency\nrecognized by the department, may not be disaffirmed by him on the\nground of infancy.\n
N.Y. PBA Law § 1021-M — New York Code / Act PBA / Article 5 / Title 1-B / Section 1021-M
Actions against the authority
Status: in_force

§ 1021-m. Actions against the authority. 1. Any action, suit or\nproceeding to which the authority may be a party in which any question\narises as to the validity of this title or the valuation of stock or\nassets acquired by the authority by the exercise of the power of eminent\ndomain shall be preferred over all other civil causes in all courts of\nthe state, except election matters, and shall be heard and determined in\npreference to all other civil business pending therein, except election\nmatters, irrespective of position on the calendar. The same preference\nshall be granted upon application of counsel to the authority in any\naction or proceeding questioning the validity of this title or the\nvaluation of stock or assets acquired by the authority by the exercise\nof the power of eminent domain in which such counsel may be allowed to\nintervene. The venue of any such action or proceeding shall be laid in\nthe supreme court pursuant to article five of the civil practice law and\nrules.\n  2. In the event any party shall appeal an award of compensation for\nthe taking by the authority of stock or assets, such party shall post a\nbond in such amount, if any, as the supreme court shall deem appropriate\nto adequately protect the interests of the other party under all the\ncircumstances.\n  3. An action against the authority founded on tort shall be commenced\nin compliance with all the requirements of section fifty-e of the\ngeneral municipal law, except that an action against the authority for\nwrongful death shall be commenced in accordance with the provisions of\ntitle eleven of article nine of this chapter. Except in an action for\nwrongful death, an action against the authority for damages for injuries\nto real or personal property, or for the destruction thereof, or for\npersonal injuries, alleged to have been sustained, shall not be\ncommenced more than one year and ninety days after the cause of action\ntherefor shall have accrued.\n
N.Y. PBH Law § 2404-A — New York Code / Act PBH / Article 24 / Title 1 / Section 2404-A
Prostate cancer; duty to inform
Status: in_force

§ 2404-a. Prostate cancer; duty to inform. 1. The commissioner shall\ndevelop a standardized written summary, in plain non-technical language,\nwhich shall explain the following:\n  (a) the symptoms and risk factors for prostate cancer;\n  (b) the available methods for the detection and diagnosis of prostate\ncancer, including information on the relative accuracy of the available\ndetection and diagnostic techniques;\n  (c) the availability of insurance coverage for diagnostic screening\nfor prostate cancer without cost sharing pursuant to subparagraph (B) of\nparagraph eleven-a of subsection (i) of section three thousand two\nhundred sixteen, subparagraph (B) of paragraph eleven-a of subsection\n(1) of section three thousand two hundred twenty-one and paragraph two\nof subsection (z-1) of section four thousand three hundred three of the\ninsurance law; and\n  (d) the alternative medically viable methods of treating prostate\ncancer, including but not limited to hormonal, radiological,\nchemotherapeutic or surgical treatments, or combinations thereof. The\nsummary shall contain information on prostate post-treatment risks and\nother pertinent information to aid a person in deciding a course of\ntreatment. The summary shall be updated as is necessary.\n  2. The summary shall be provided to any health care provider or\npractitioner providing medical treatment to adult men without charge or\nfee for distribution in accordance with subdivision three of this\nsection.\n  3. The standardized written summary provided for by subdivision one of\nthis section may be provided by a health care provider to each person\nunder his or her care who is or may be at risk for prostate cancer or\nwho has been diagnosed to be afflicted with prostate cancer upon said\ndiagnosis, or as soon thereafter as practicable.\n  4. Nothing in this section shall be construed to create a cause of\naction for lack of informed consent in any instance in which such cause\nof action would be limited by section twenty-eight hundred five-d of\nthis chapter.\n  5. The commissioner shall have the written summary, required by this\nsection, completed and prepared for distribution on or before January\nfirst, nineteen hundred ninety-eight.\n
N.Y. EDN Law § 1102 — New York Code / Act EDN / Title 1 / Article 23 / Part 1 / Section 1102
Powers and duties of vocational education and extension boards
Status: in_force

§ 1102. Powers and duties of vocational education and extension\nboards.  A vocational education and extension board shall, subject to\nthe provisions of part one of this article, have the following powers\nand duties:\n  1. It may make or cause to be made a survey to determine the career\neducation and extension needs of the county.\n  2. It may make and establish and from time to time alter and amend\nrules and regulations for the transaction of its business and for the\nadministration of the work under its charge.\n  3. It shall have full power and authority to employ supervisors and\nteachers and all other persons necessary to carry on career education\nand extension work and to determine the salaries to be paid. Members of\nthe teaching and supervisory staff shall be appointed by a majority vote\nof the vocational education and extension board upon recommendation of\nthe director for a probationary period not to exceed three years except\nthat no recommendation shall require for the appointment of a director\nof career education.  Services of members of the teaching and\nsupervisory staff so employed may be discontinued at any time during the\nprobationary period, upon the recommendation of the director, by\nmajority action of such board. On or before the expiration of the\nprobationary period such board, upon recommendation of the director, may\nappoint on tenure those persons who have been found competent, efficient\nand satisfactory. Such persons shall hold their respective positions\nduring good behavior and competent and efficient service and shall not\nbe removed except for any of the following causes, after a hearing, as\nprovided by section three thousand twenty-a of this chapter: (a)\ninsubordination, immoral character or conduct unbecoming a teacher; (b)\ninefficiency, incompetency, physical or mental disability or neglect of\nduty.\n  4. It shall make an annual report in writing to the regents of The\nUniversity of the State of New York and to the board of supervisors or\nother governing elective body on or before the first day of October.  It\nshall also make such other reports as may be required by the\ncommissioner of education or by the board of supervisors or other\ngoverning elective body.\n  5. It may appoint any advisory committees deemed necessary.\n  6. It shall cooperate with existing public agencies in conducting\ncareer education and extension work in the county.\n  7. It shall have such other powers and shall perform such other duties\nas may be necessary to carry into effect the purposes of part one of\nthis article.\n  8. It may request the board of supervisors to contribute the use of or\nlease land, buildings and other facilities to it, and to contribute to\nthe cost of operating and maintaining the program of the county\nvocational education and extension board, and a board of supervisors\nshall have power to make appropriations toward such cost and to\ncontribute the use of or lease land, buildings, and other facilities to\nit.\n  9. It shall appoint one of its members as president, one of its\nmembers or another qualified school district voter in the county as\nclerk and another qualified school district voter in the county as\ntreasurer.  All moneys accruing or appropriated to the board shall be\npaid to the treasurer of the board. The clerk and treasurer may be paid\nsuch compensation as may be fixed by the board. The treasurer shall\nfurnish a surety bond of a surety company authorized to do business in\nthe state of New York. The form and amount of such bond shall be\napproved by the board and the cost thereof shall be a charge against the\nfunds of said board.\n  10. It shall designate a bank or banks for the deposit of money.  Such\ndesignation shall be made of a bank within the county unless no bank\nexists in the county. It shall notify the treasurer of all bank\ndesignations and require him to deposit all money in such designated\nbanks. Accruing funds, balances, resources and assets shall become the\nproperty of any succeeding agency or, in the event of termination of the\nprogram of shared services, such accruing funds, balances, resources and\nassets shall be prorated among the districts having been served during\nthe last year of operation and the county in proportion to the amount\nwhich each paid to the vocational education and extension board.\n  11. All accounting procedures shall be in accordance with regulations\nthat apply to union free school districts.\n  12. It shall have the authority to make contracts with the school\nauthorities of school districts within the county, or without the county\nwhere such contract will result in no additional expense being incurred\nby such county, for services to be rendered by it to such school\ndistricts, and such school authorities shall have the authority to enter\ninto such contracts. Payments shall be made by the school districts at\nleast as often as quarterly. Any amount so paid to the board by a school\ndistrict shall not be included in computing the apportionment of state\naid to such district.\n  13. It may transport pupils under twenty-one years of age to and from\nschools and classes maintained by such vocational education and\nextension board for instruction in career education. In providing such\ntransportation, the board may transport pupils residing outside the\ncounty who are attending such schools and classes maintained by such\nboard pursuant to subdivision twelve of this section.\n  14. It may purchase and maintain a motor vehicle or vehicles to be\nused for the transportation of school children under twenty-one years of\nage to schools and classes maintained by the county vocational education\nand extension board. Such motor vehicle or vehicles may be leased to a\nschool district when not needed for such transportation.  When such\nmotor vehicle shall be leased as provided in this subdivision, public\nliability and property damage insurance, fire insurance and compensation\ninsurance of drivers shall be provided in the amount stated in section\nthirty-six hundred twenty-seven of this chapter and collision insurance\nshall be provided in the amount of value of the vehicle to protect the\nlessor. No part of the cost and expenses resulting from operation,\nmaintenance and repair of such vehicles during the leasing thereof shall\nbe included in determining the amount of any form of state aid received\nby such county vocational education and extension board.\n  15. It may lease land, buildings, and other facilities as may be\nnecessary to carry into effect the purposes of part one of this article.\n
N.Y. PBH Law § 201 — New York Code / Act PBH / Article 2 / Title 1 / Section 201
Functions, powers and duties of the department
Status: in_force

§ 201. Functions, powers and duties of the department. 1. The\ndepartment shall, as provided by law:\n  (a) supervise the work and activities of the local boards of health\nand health officers throughout the state, unless otherwise provided by\nlaw;\n  (b) supervise and control the registration of births, deaths and\nmarriages;\n  (c) supervise the reporting and control of disease;\n  (d) engage in research into morbidity and mortality;\n  (e) produce, standardize and distribute diagnostic, prophylactic and\ntherapeutic products;\n  (f) conduct laboratory examinations for the diagnosis and control of\ndisease;\n  (g) promote education in the prevention and control of disease;\n  (h) promote or provide diagnostic and therapeutic services for\nmaternal and child health, communicable disease, medical rehabilitation,\ncancer and other conditions and diseases affecting public health;\n  (i) except as otherwise provided by law, license, supervise and\nregulate maternity hospitals and homes and the occupation of midwifery;\n  (j) license, supervise and regulate the manufacture, distribution and\nuse of narcotics;\n  (k) maintain and operate such state hospitals, institutions, public\nhealth centers and clinics as shall be established in the department;\n  (l) supervise and regulate the sanitary aspects of water supplies and\nsewage disposal and control the pollution of waters of the state;\n  (m) supervise and regulate the sanitary aspects of camps, hotels,\nboarding houses, public eating and drinking establishments, swimming\npools, bathing establishments and other businesses and activities\naffecting public health and, in relation to hotels, boarding houses and\ntemporary residences as defined in the state sanitary code, inspect such\nfacilities (i) where inspections do not otherwise occur under the state\nuniform fire prevention and building code, (ii) to respond to\ncomplaints, or (iii) when otherwise necessary;\n  (n) exercise control over and supervise the abatement of nuisances\naffecting or likely to affect public health;\n  (o) advise any local unit of government and the public health\nofficials thereof within the state, in the performance of their official\nduties and regulate the financial assistance granted by the state in\nconnection with all public health activities;\n  (p) receive and expend funds made available for public health purposes\npursuant to law;\n  (q) license, supervise and regulate the practice of funeral directing\nand embalming;\n  (r) supervise and regulate the public health aspects of ionizing\nradiation and nonionizing electromagnetic radiation; and may in its\ndiscretion license activities within the state affecting or likely to\naffect public health and relating to radioactive materials, excluding\nspecial nuclear materials in quantities sufficient to form a critical\nmass and excluding the handling and disposal of radioactive wastes and\nthe release of radioactivity to the environment regulated by the state\ndepartment of environmental conservation;\n  (s) administer to the medical and health needs of the ambulant sick\nand needy Indians on the reservations;\n  (u) engage in research into the causes of rocky mountain spotted fever\nand the prevention thereof and develop programs for the control of\nticks, insects and anthropods which act as vectors of disease affecting\nman, within funds made available for such purposes.\n  (v) act as the single state agency for medical assistance pursuant to\nsection three hundred sixty-three-a of the social services law, as\namended by this chapter, with responsibility to supervise the plan for\nmedical assistance as required by title XIX of the federal Social\nSecurity act, or its successor, and to adopt regulations as may be\nnecessary to implement this plan.\n  (w) make available to the council on children and families\ninformation, in a format identified by the council, regarding home\nvisiting programs that meet the criteria as required by section four\nhundred twenty-nine of the social services law regardless of whether\nsuch program has a contract with or receive funding from the state. Such\ninformation shall be provided in accordance with the requirements set\nforth in subdivision two of section four hundred eighty-three-h of the\nsocial services law. Such information shall be made available no less\nthan once a year.\n  (x) produce an annual report analyzing the costs related to the sexual\nassault examination direct reimbursement program as created under\nsubdivision thirteen of section six hundred thirty-one of the executive\nlaw and provide such report to the office of victim services on or\nbefore September first of each year. Such report shall be provided to\nthe governor, temporary president of the senate and the speaker of the\nassembly.\n  (y) To develop a form by which a coroner, coroner's physician or\nmedical examiner, pursuant to section six hundred seventy-seven of the\ncounty law, shall report to the division of veterans' services any death\nwhich appears to be caused by suicide by a person who, to the knowledge\nof the coroner, coroner's physician or medical examiner, is a veteran.\nThis form shall at a minimum: (i) ensure compliance with the strictest\nprivacy protections and encourage data aggregation to the extent\nfeasible; (ii) provide the address to which the form is to be mailed or\nsubmitted electronically; and (iii) include the county of residence and\nthe branch of service of deceased veterans during the reporting period.\n  2. The department shall continue to exercise all of the functions,\npowers and duties which have been prescribed by law and which are being\nexercised by it when this chapter takes effect together with such\nfunctions, powers and duties as hereafter may be conferred and imposed\nupon it by law.\n  3. All the provisions of this chapter shall apply to the department\ncontinued by this chapter and to the commissioner, the public health\ncouncil and any successor council, and to the divisions, bureaus and\nofficers in such department.\n
N.Y. VAT Law § 111 — New York Code / Act VAT / Title 1 / Article 1 / Section 111
Curb
Status: in_force

§ 111. Curb.  A vertical or sloping member along the edge of a roadway\nclearly defining the pavement edge.\n