N.Y. PBA Law § 661 — New York Code / Act PBA / Article 3 / Title 7 / Section 661
Bonds of the authority
Status: in_force

§ 661. Bonds of the authority.  1. The authority shall have the power\nand is hereby authorized from time to time to issue its negotiable bonds\nin conformity with applicable provisions of the uniform commercial code\nfor any corporate purpose in the aggregate principal amount of not\nexceeding an amount fixed by the county legislature from time to time by\nordinance. The authority shall have power from time to time and whenever\nit deems refunding expedient, to refund any bonds by the issuance of new\nbonds, whether the bonds to be refunded have or have not matured, and\nmay issue bonds partly to refund bonds then outstanding and partly for\nany other corporate purpose. The refunding bonds may be exchanged for\nthe bonds to be refunded, with such cash adjustments as may be agreed,\nor may be sold and the proceeds applied to the purchase or payment of\nthe bonds to be refunded. In computing the total amount of bonds of the\nauthority which may at any time be outstanding the amount of the\noutstanding bonds to be refunded from the proceeds of the sale of new\nbonds or by exchange for new bonds shall be excluded. Except as may\notherwise be expressly provided by the authority, every issue of the\nbonds shall be general obligations payable out of any moneys or revenues\nof the authority, subject only to any agreements with the holders of\nparticular bonds pledging any particular tolls or revenues.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nforty years from their respective dates, bear interest at such rate or\nrates, as the board shall determine and shall be payable semi-annually,\nbe in such denominations, be in such form, either coupon or registered,\ncarry such registration privileges, be executed in such manner, be\npayable in such medium of payment, at such place or places, and be\nsubject to such terms of redemption, as such resolution or resolutions\nmay provide. The bonds may be sold at public or private sale for such\nprice or prices as the authority shall determine.\n  3. The bonds may be issued for any corporate purpose of the authority.\n  4. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) Pledging all or any part of the tolls and revenues of the project\nto secure the payment of the bonds subject to such agreements with\nbondholders as may then exist;\n  (b) the rates of the tolls to be charged, and the amounts to be raised\nin each year by tolls, and the use and disposition of the tolls and\nother revenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of the project in connection with which such bonds are issued;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from any project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section six hundred sixty-six hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder said section hereof or limiting the rights, duties and powers of\nsuch trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  5. It is the intention hereof that any pledge of tolls or other\nrevenues or other moneys made by the authority shall be valid and\nbinding from the time when the pledge is made; that the tolls or other\nrevenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  6. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  7. The authority shall have power out of any funds available therefor\nto purchase bonds. The authority may hold, cancel or resell such bonds,\nsubject to and in accordance with agreements with bondholders.\n
N.Y. VAT Law § 1204 — New York Code / Act VAT / Title 7 / Article 32 / Section 1204
Officers authorized to remove illegally stopped vehicles
Status: in_force

§ 1204. Officers authorized to remove illegally stopped vehicles.  (a)\nWhenever any police officer, or in a city having a population in excess\nof one million any person designated by the commissioner of traffic of\nsuch city or on highways under the jurisdiction of the New York state\nthruway authority, the office of parks and recreation, a county park\ncommission, a parkway authority, a bridge authority or a bridge and\ntunnel authority any person designated by such office, commission or\nauthority, finds a vehicle standing upon a highway in violation of any\nof the foregoing provisions of this article such officer is hereby\nauthorized to move such vehicle, or require the driver or other person\nin charge of the vehicle to move the same to a position off the paved or\nmain-traveled part of such highway.\n  (b) 1. Whenever any police officer, or in a city having a population\nin excess of one million any person designated by the commissioner of\ntraffic of such city or on highways under the jurisdiction of the New\nYork state thruway authority, the office of parks and recreation, a\ncounty park commission, a parkway authority, a bridge authority or a\nbridge and tunnel authority any person designated by such office,\ncommission or authority finds a vehicle unattended where it constitutes\nan obstruction to traffic, or any place where stopping, standing or\nparking is prohibited, such officer is hereby authorized to provide for\nthe removal of such vehicle, semitrailer or trailer to a garage,\nautomobile pound or other place of safety.\n  2. In any city with a population of one million or more, whenever any\npolice officer, or any person designated by the commissioner of traffic,\nfinds a semitrailer or trailer without a tractor or towing vehicle\nattached, parked or unattended on any city street, such officer or\nperson designated by the commissioner of traffic is hereby authorized to\nprovide for the removal of such semitrailer or trailer to a garage,\nautomobile pound or other place of safety.\n  (c) The owner or other person lawfully entitled to the possession of\nsuch vehicle may be charged with a reasonable cost for removal and\nstorage, payable before the vehicle is released.\n  (d) No police officer or other public, state or municipal employee\nshall release a motor vehicle impounded because of any traffic or\nparking violation to any person who does not have a currently valid\ndriver's license and an insurance identification card or other\nacceptable evidence indicating current insurance coverage on such\nvehicle. The provisions of this subdivision with respect to insurance\ncoverage shall not apply to a motor vehicle which will not be moved\nunder its own power but will be transported by a tow truck or upon\nanother vehicle, provided that the registration for such impounded\nvehicle has been surrendered to the commissioner and proof of such\nsurrender is presented to the police officer or other public, state or\nmunicipal employee.\n
N.Y. EDN Law § 6438-B — New York Code / Act EDN / Title 7 / Article 129-A / Section 6438-B
Access to medication abortion prescription drugs
Status: in_force

§ 6438-b. Access to medication abortion prescription drugs. 1. Every\ncampus of the state university of New York and every campus of the city\nuniversity of New York shall provide access to medication abortion to\nall students enrolled at such institutions by either:\n  (a) employing or contracting with individuals authorized to prescribe\nmedication abortion prescription drugs within their lawful scope of\npractice pursuant to title eight of this chapter; or\n  (b) providing students with information and referrals to providers\nauthorized to prescribe medication abortion prescription drugs within\ntheir lawful scope of practice pursuant to title eight of this chapter.\n  2. Twenty-four months after the effective date of this section, and\nannually on such date thereafter, the board of trustees of the state\nuniversity of New York and the board of trustees of the city university\nof New York shall each submit a report to the governor, the temporary\npresident of the senate and the speaker of the assembly that includes,\nbut is not limited to, the following:\n  (a) whether campuses provide access to medication abortion pursuant to\nparagraph (a) or paragraph (b) of subdivision one of this section; and\n  (b) the number of individuals at each campus authorized to prescribe\nsuch prescription drugs.\n
N.Y. VAT Law § 1112 — New York Code / Act VAT / Title 7 / Article 24 / Section 1112
Pedestrian-control signal indications
Status: in_force

§ 1112. Pedestrian-control signal indications. Whenever pedestrians\nare controlled by pedestrian-control signals exhibiting the words "WALK"\nor "DON'T WALK", or exhibiting symbols of a walking person or upraised\nhand, such signals shall indicate and apply to pedestrians as follows:\n  (a) Steady WALK or walking person. Pedestrians facing such signal may\nproceed across the roadway in the direction of the signal and shall be\ngiven the right of way by other traffic.\n  (b) Flashing DON'T WALK or upraised hand. No pedestrian shall start to\ncross the roadway in the direction of such signal, but any pedestrians\nwho have partially completed their crossing on the WALK or walking\nperson signal shall proceed to a sidewalk or safety island while the\nflashing DON'T WALK or upraised hand signal is showing.\n  (c) Steady DON'T WALK or upraised hand. No pedestrians shall start to\ncross the roadway in the direction of such signal, but any pedestrians\nwho have partially completed their crossing on the WALK or flashing\nDON'T WALK signal shall proceed to a sidewalk or safety island while the\nsteady DON'T WALK signal is showing.\n
N.Y. BNK Law § 7004 — New York Code / Act BNK / Article 15 / Title 7 / Section 7004
Classification of directors
Status: in_force

§ 7004. Classification of directors. 1. The board of directors of any\nbank or trust company, stock-form savings bank, or stock-form savings\nand loan association may be classified into three classes as nearly\nequal as may be, with the terms of office of one class expiring each\nyear, and such corporations may make provisions for such classification\nin their by-laws.\n  2. In the case of corporations other than banks and trust companies,\nstock-form savings banks, and stock-form savings and loan associations:\n  (a) The organization certificate or the specific provisions of a\nby-law adopted by the stockholders may provide that the directors be\ndivided into either two, three or four classes. All classes shall be as\nnearly equal in number as possible, and no class shall include less than\nthree directors. The terms of office of the directors initially\nclassified shall be as follows: that of the first class shall expire at\nthe next annual meeting of stockholders, the second class at the second\nsucceeding annual meeting, the third class, if any, at the third\nsucceeding annual meeting, and the fourth class, if any, at the fourth\nsucceeding annual meeting.\n  (b) At each annual meeting after such initial classification,\ndirectors to replace those whose terms expire at such annual meeting\nshall be elected to hold office until the second succeeding annual\nmeeting if there are two classes, the third succeeding annual meeting if\nthere are three classes, or the fourth succeeding annual meeting if\nthere are four classes.\n  (c) If directors are classified and the number of directors is\nthereafter changed:\n  (1) Any newly created directorships or any decrease in directorships\nshall be so apportioned among the classes as to make all classes as\nnearly equal in number as possible.\n  (2) When the number of directors is increased by the board and any\nnewly created directorships are filled by the board, there shall be no\nclassification of the additional directors until the next annual meeting\nof stockholders.\n
N.Y. EDN Law § 6311 — New York Code / Act EDN / Title 7 / Article 126 / Section 6311
New York opportunity promise scholarship
Status: in_force

§ 6311. New York opportunity promise scholarship. 1. Eligibility. A\nNew York opportunity promise scholarship shall be awarded to an\napplicant who meets all of the following conditions:\n  (a) is at least twenty-five years of age or older, but in no case more\nthan fifty-five years of age, as of January first of the calendar year\nfor the semester for which the applicant makes initial application;\n  (b) has applied for a New York state tuition assistance program award\npursuant to section six hundred sixty-seven of this chapter, a federal\nPell grant pursuant to section 1070 of title 20 of the United States\ncode, et. seq., and any other applicable financial aid;\n  (c) is matriculated at a New York state public institution of higher\neducation in an approved program directly leading to an associate's\ndegree in a high-demand field; provided that for the two thousand\ntwenty-five -- two thousand twenty-six academic year, such fields shall\ninclude but not be limited to advanced manufacturing, technology,\ncybersecurity, engineering, artificial intelligence, nursing and allied\nhealth professions, green and renewable energy, and pathways to teaching\nin shortage areas, provided further that such fields may be updated\nannually thereafter by the department of labor no later than one hundred\neighty days prior to the first start date of the fall term of such New\nYork state public institutions of higher education, and provided further\nthat the eligibility of such approved program established in the\nsemester for which the applicant makes initial application shall\ncontinue;\n  (d) is eligible for the payment of tuition and fees at a rate no\ngreater than that imposed for resident students in the applicable New\nYork state public institution of higher education; and\n  (e) has not already obtained any postsecondary degree, provided that\nnothing in this paragraph shall be construed to prohibit the eligibility\nof a student who is already enrolled in an eligible associate degree\nprogram on the effective date of this section and who meets all the\nother eligibility requirements of this subdivision, and provided further\nthat nothing in this paragraph shall be construed to prohibit the\neligibility of a student who, though having previously obtained a\npostsecondary degree, is enrolled in an approved program leading to an\nassociate's degree in nursing.\n  2. Amount. Within amounts appropriated therefor, and subject to\navailability of funds, awards shall be granted for the two thousand\ntwenty-five -- two thousand twenty-six academic year and thereafter to\napplicants who are determined to be eligible to receive such awards.\nSuch awards shall be calculated on a per term basis prior to the start\nof each term the applicant is successfully enrolled and shall not exceed\nthe positive difference, if any, of (a) the sum of actual tuition, fees,\nbooks, and applicable supplies charged to the applicant and approved by\nthe applicable New York state public institution of higher education,\nless (b) the sum of all payments received by the applicant from all\nsources of financial aid received by the applicant with the exception of\naid received pursuant to federal work-study programs authorized under\nsections 1087-51 through 1087-58 of title 20 of the United States code\nand educational loans taken by the applicant or guardian.\n  3. Additional provisions. An eligible recipient shall complete at\nleast six credits per semester, for a total of at least twelve credits\nper academic year, in an approved program of study. An eligible\nrecipient shall be continuously enrolled without a gap of more than one\nacademic year, provided that such duration may be extended for an\nallowable interruption of study including, but not limited to, death of\na family member, medical leave, military service, and parental leave.\nNotwithstanding any inconsistent provision of this section, if an\napplicant fails to meet the eligibility criteria of this section at any\npoint, no further awards shall be made to the applicant.\n  4. Conditions. (a) An eligible recipient shall continue to make\nsatisfactory academic progress in order to maintain continued\neligibility for an award pursuant to this section.\n  (b) Each campus that enrolls students pursuant to this section shall\ntake steps consistent with established policy to maximize the award of\ncredit for prior learning for participating students.\n  (c) No student shall receive an award pursuant to this section for\ngreater than ten semesters.\n  (d) A student who earns college credit pursuant to this section shall\nbe entitled to transfer such credit to another state university of New\nYork or city university of New York campus consistent with transfer\npolicies established by the state university of New York or city\nuniversity of New York.\n  5. Reporting. By September first, two thousand twenty-six, and by\nSeptember first of each year thereafter, the chancellor of the state\nuniversity of New York and the chancellor of the city university of New\nYork shall each submit a report to the governor, the speaker of the\nassembly, and the temporary president of the senate, including but not\nlimited to the following information:\n  (a) enrollment data by full and part-time status;\n  (b) retention and completion rates by full and part-time status;\n  (c) barriers to student participation;\n  (d) demographic data related to the program;\n  (e) average prior learning and transfer credit awarded;\n  (f) the total amount of funds awarded and the average award per\nstudent; and\n  (g) post-completion outcomes including transfer, employment, and\nwages, as applicable.\n
N.Y. RSS Law § 61-A — New York Code / Act RSS / Article 2 / Title 7 / Section 61-A
Payment of interest on death benefits and accumulated contributions
Status: in_force

§ 61-a. Payment of interest on death benefits and accumulated\ncontributions. Interest shall accrue against unpaid accidental and\nordinary death benefits plus the reserve-for-increased-take-home-pay\nfrom the date of death of a member until payment thereof is made.\nInterest shall accrue against accumulated member contributions from the\ndate of death until payment thereof is made, where no death benefit is\npayable on account of such death. An application for the payment of such\nbenefits must be made in writing on a blank provided by the comptroller\nfor such purpose. Interest against the unpaid benefit shall be at the\nrate provided for by subdivision one of section three-a of the general\nmunicipal law.\n
N.Y. RSS Law § 63-C — New York Code / Act RSS / Article 2 / Title 7 / Section 63-C
Disability benefits
Status: in_force

* § 63-c. Disability benefits. A county may elect to make the benefits\nprovided herein available to the sheriff, undersheriff, deputy sheriffs\nwho are engaged directly in criminal law enforcement activities, and\ncorrection officers who are in the employ of the county. Notwithstanding\nany provision of this chapter or any general or special law to the\ncontrary, any condition of impairment of health caused by diseases of\nthe heart, resulting in the disability or death to a member covered by\nthis section, presently employed and who shall have sustained such\ndisability while so employed, who successfully passed a physical\nexamination on entry into service as a member covered by this section,\nwhich examination failed to disclose evidence of any disease or other\nimpairment of the heart, shall be presumptive evidence that it was\nincurred in the performance and discharge of duty, unless the contrary\ncan be proved by competent evidence.\n  * NB Repealed July 1, 2001. § 480 of Retirement and Social Security\nLaw (as amended by ch. 44/2001 § 2) extends disability benefits\nimplemented by former § 63-c.\n
N.Y. PBA Law § 1554*2 — New York Code / Act PBA / Article 7 / Title 7* / Section 1554*2
Civil service status of officers and employees
Status: in_force

* § 1554. Civil service status of officers and employees. Officers and\nemployees of any board, commission or department of the village may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the village who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe village under the rules of the municipal civil service commission of\nthe village shall have the same status with respect thereto after\ntransfer to the authority as they had under their original appointments.\nThe appointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and the\nrules of the village civil service commission.\n  * NB Dissolved December 31, 1977\n  * NB There are 2 § 1554's\n
N.Y. VAT Law § 1264 — New York Code / Act VAT / Title 7 / Article 34-B / Section 1264
Ban on night riding
Status: in_force

§ 1264. Ban on night riding. No person shall ride or lead a horse upon\na roadway during the period from one-half hour after sunset to one-half\nhour before sunrise.  The provisions of this section shall not apply to\nhorse-drawn carriages or carts or police officers, peace officers or\npark rangers mounted on horseback.\n
N.Y. RSS Law § 63-G — New York Code / Act RSS / Article 2 / Title 7 / Section 63-G
Performance of duty disability retirement
Status: in_force

* § 63-g. Performance of duty disability retirement. a. Any member of\nthe retirement system employed by the division of military and naval\naffairs shall be eligible to retire pursuant to the provisions of this\nsection if he or she is an airport firefighter apprentice, airport\nfirefighter I, airport firefighter II, airport firefighter III or\ntraining and safety officer.\n  b. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, any member who becomes physically or\nmentally incapacitated as the result of a disability, who is presently\nemployed and who shall have sustained such disability while so employed\nand while actually a member of the retirement system, provided that such\ndisability or death (A) was caused by the natural and proximate result\nof a disability, not caused by such firefighter's own willful negligence\nand (B) was incurred in the performance and discharge of duty, unless\nthe contrary be proven by competent evidence, shall be paid a\nperformance of duty disability retirement benefit payable pursuant to\nthis section.\n  c. Application for a performance of duty disability retirement\nallowance for such a member may be made by:\n  1. Such member;\n  2. The head of the department in which such member is employed; or\n  3. Some person acting on behalf of and authorized by such member.\n  d. After the filing of such an application such member shall be given\none or more medical examinations. If the comptroller determines that the\nmember is physically or mentally incapacitated for the performance of\nduty and ought to be retired for performance of duty disability, such\nmember shall be so retired. Such retirement shall be effective as of a\ndate approved by the comptroller.\n  e. The retirement allowance payable upon retirement for performance of\nduty disability shall consist of a pension of one-half of his or her\nfinal average salary plus an annuity which shall be the actuarial\nequivalent of such member's accumulated contributions, if any.\n  f. If the member, at the time of the filing of an application under\nthe provisions of subdivision c of this section, is eligible for a\nservice retirement benefit, then and in that event, such member may\nsimultaneously file an application for service retirement in accordance\nwith the provisions of section seventy of this article, provided that\nthe member indicates on the application for service retirement that such\napplication is filed without prejudice to the application for\nperformance of duty disability retirement.\n  g. Any benefit provided pursuant to this section shall not be\nconsidered as an accidental disability benefit within the meaning of\nsection sixty-four of this title. Any benefit payable pursuant to the\nworkers' compensation law to a member receiving a disability allowance\npursuant to this section shall be in addition to such retirement for\ndisability incurred in performance of duty allowance.\n  * NB There are 2 § 63-g's\n
N.Y. EDN Law § 5705 — New York Code / Act EDN / Title 7 / Article 115 / Section 5705
Extent to which property may be held
Status: in_force

§ 5705. Extent to which property may be held.  The said corporation\nmay take and hold real and personal property to such an amount as may be\nor become necessary for the proper conduct and support of the several\ndepartments of education heretofore established or hereafter to be\nestablished by its board of trustees, and such real and personal\nproperty as has been, or may hereafter be given to said corporation by\ngift, grant, devise or bequest in trust or otherwise, for the use and\npurposes permitted by its charter, and in cases of trusts so created,\nthe several trust estates shall be kept distinct, and the interest or\nincome shall be faithfully applied to the purposes of such respective\ntrusts, in accordance with the provisions of the acts or instruments by\nwhich the respective trusts were created.\n
N.Y. VAT Law § 1225 — New York Code / Act VAT / Title 7 / Article 33 / Section 1225
Avoiding intersection or traffic-control device
Status: in_force

§ 1225. Avoiding intersection or traffic-control device. No person\nshall drive across or upon a sidewalk, driveway, parking lot or private\nproperty, or otherwise drive off a roadway, in order to avoid an\nintersection or traffic-control device.\n
N.Y. EDN Law § 6453 — New York Code / Act EDN / Title 7 / Article 130 / Section 6453
Special nursing education program
Status: in_force

* § 6453. Special nursing education program.  To grant greater\nopportunity in nursing education, the commissioner may:\n  1. Enter into contracts with any institution of higher education\nincorporated in this state, voluntary non-profit hospitals incorporated\nwithin this state or public hospitals located within this state for:\n  (1) A contract for conducting courses approved by the department to\nassist foreign trained nurses to qualify for a license as a registered\nprofessional nurse in this state.\n  (2) A contract for conducting refresher courses for residents of this\nstate who have been licensed as registered professional nurses but who\nare not actively engaged in nursing.\n  2. Enter into a contract to expand the enrollment of any institution\nof higher education incorporated within this state or any voluntary\nnon-profit hospital or municipal or county hospital incorporated within\nthis state providing either a regents' approved curriculum leading to a\nbaccalaureate degree in professional nursing or a regents' registered\nprogram in professional nursing, by paying an agreed sum to the\ninstitution for each additional student enrolled in each year of\ninstruction above the average enrollment in such year of instruction for\nthe last five years prior to the year for which the payment is made. The\nsum shall not be paid for more than ten additional students per year.\n  3. Promulgate regulations necessary for the implementation of these\nprograms.\n  * NB Section set out as 6443. Should read 6453\n
N.Y. EDN Law § 6216 — New York Code / Act EDN / Title 7 / Article 125 / Section 6216
State aid
Status: in_force

§ 6216. State aid.  The board of trustees shall continue to pay\nsalaries to the supervisors, teachers and all other employees of any\npreparatory high school or model school under its jurisdiction which\nshall be the same as those paid by the board of education of the same\ncity to persons discharging like functions in similar schools under the\njurisdiction of the said board of education.  The city school district\nof such city shall be entitled to receive apportionments of public\nschool moneys for the elementary and secondary schools maintained in and\nby such city and under the control of the board of trustees on the same\nbasis as such city school district receives apportionments of public\nschool moneys for the elementary and high school conducted by the board\nof education of such city.  The board of trustees shall make all reports\nrequired by the commissioner of education as the basis for calculating\nsuch apportionment.\n
N.Y. PBH Law § 3380 — New York Code / Act PBH / Article 33 / Title 7 / Section 3380
Inhalation of certain toxic vapors or fumes, and certain hazardous inhalants; sale of glue and hazardous inhalants in certain cases
Status: in_force

§ 3380. Inhalation of certain toxic vapors or fumes, and certain\nhazardous inhalants; sale of glue and hazardous inhalants in certain\ncases. 1. (a) As used in this section the phrase "glue containing a\nsolvent having the property of releasing toxic vapors or fumes" shall\nmean and include any glue, cement, or other adhesive containing one or\nmore of the following chemical compounds: acetone, cellulose acetate,\nbenzene, butyl alcohol, ethyl alcohol, ethylene dichloride, ethylene\ntrichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone,\npentachlorophenol, petroleum ether, toluene or such other similar\nmaterial as the commissioner shall by regulation prescribe.\n  (b) As used in this section hazardous inhalants shall mean and include\nany of the preparations of compounds containing one or more of the\nchemical compounds; amyl nitrite, isoamyl nitrite, butyl nitrite,\nisobutyl nitrite, pentyl nitrite or any other akyl nitrite compound that\nis either designed to be used, or commonly used, as an inhalant.\n  2. No person shall, for the purpose of causing a condition of\nintoxication, inebriation, excitement, stupefaction, or the dulling of\nhis brain or nervous system, intentionally smell or inhale the fumes\nfrom any hazardous inhalants or from any glue containing a solvent\nhaving the property of releasing toxic vapors or fumes; provided, that\nnothing in this section shall be interpreted as applying to the\ninhalation of any anesthesia or inhalant for medical or dental purposes.\n  3. No person shall, for the purpose of violating subdivision two, use,\nor possess for the purpose of so using, any hazardous inhalants or any\nglue containing a solvent having the property of releasing toxic vapors\nor fumes.\n  4. No person shall sell, or offer to sell, to any other person any\ntube or other container of any hazardous inhalants or glue containing a\nsolvent having the property of releasing toxic vapors or fumes:\n  (a) if he has knowledge that the product sold, or offered for sale,\nwill be used for the purpose set forth in subdivision two of this\nsection; or\n  (b) unless there has been added to such glue a sufficient quantity of\nan additive, approved by the commission, which shall act as a deterrent\nto inhalation, and not be harmful or toxic to the human body. This\nprovision shall not apply to hazardous inhalants or glue manufactured\nand sold for industrial use.\n  5. (a) No person shall use nitrous oxide for purposes of causing\nintoxication, inebriation, excitement, stupefaction or the dulling of\nthe brain or nervous system of himself or another.\n  (b) No person shall sell any canister or other container of nitrous\noxide unless granted an exemption pursuant to this subdivision. In no\nevent shall any canister or other container of nitrous oxide be sold to\na person under the age of twenty-one years.\n  (c) This subdivision shall not apply to the use of nitrous oxide in\nindustrial, medical or dental applications, or to specific products\nwhich must use nitrous oxide as a propellant provided such products\nshall in no event be sold at retail to the public, as shall be\ndetermined by the commissioner pursuant to paragraph (d) of this\nsubdivision.\n  (d) The commissioner is directed to promulgate regulations to exempt\nspecific products which must use nitrous oxide, or a mixture of nitrous\noxide with other gases, as a propellant from the provisions of this\nchapter provided such regulations shall prohibit the sale of such\nproducts at retail to the public.\n  (e) The provisions of this section shall not be deemed to prohibit the\nsale of food products containing nitrous oxide provided such products\ncomply with the provisions of section sixteen-a of the agriculture and\nmarkets law.\n  (f) The commissioner may, upon the application of a manufacturer or\nseller of a product containing nitrous oxide and intended for sale at\nretail, authorize the sale of such a product if there is no evidence of\nsubstantial misuse of the product as defined by this subdivision and if\nthe manufacturer or seller takes the following steps to:\n  (i) clearly indicate the legitimate purpose or use of the product on\nthe package;\n  (ii) display prominently on the package in heavy type print language\nwhich warns of health dangers resulting from the misuse of nitrous\noxide;\n  (iii) demonstrate that the product bears a distinctive feature or\nfeatures enabling it to be clearly distinguished from the nitrous oxide\nproducts of other manufacturers;\n  (iv) educate wholesale and retail businesses which sell the product of\nthe dangers of nitrous oxide and the need to monitor its sale; and\n  (v) prevent their sale of the product to any person, firm or\ncorporation who or which sells drug-related paraphernalia as such term\nis defined by subdivision two of section eight hundred fifty of the\ngeneral business law.\n  6. (a) Any person who violates any provision of subdivision two or\nthree of this section shall be guilty of an offense and upon conviction\nthereof shall be punished by a fine of not more than fifty dollars or by\nimprisonment for not more than five days, or by both such fine and\nimprisonment.\n  (b) Any person who violates any provision of subdivision four or five\nof this section shall be guilty of a class A misdemeanor.\n
N.Y. ENV Law § 15-0701 — New York Code / Act ENV / Article 15 / Title 7 / Section 15-0701
Harmless alterations in watercourses and lakes; prescriptive rights or privileges; action for declaratory judgment; limitations of time
Status: in_force

§ 15-0701. Harmless alterations in watercourses and lakes; prescriptive\n             rights or privileges; action for declaratory judgment;\n             limitations of time.\n  1. An alteration (whether or not it causes water to cover or permeate\nland previously dry) in the natural flow, quantity, quality or condition\nof a natural watercourse or lake situated in this state and either on or\nbelow the surface of the earth, effected by the use either on or off\nriparian land, withdrawal, impoundment, or obstruction of the water in\nsuch watercourse or lake, or by the addition of water thereto, or by\nchanges in the banks, bed, course or other physical characteristics of\nsuch watercourses or lake, is reasonable and lawful as against any\nperson, as defined in subdivision two of section 15-0107, having an\ninterest in such watercourse or lake, unless such alteration is causing\nharm to him or it, or would cause him or it immediate harm if and when\nbegun. No action for nominal damages or for an injunction shall be\nmaintainable because of such an alteration against any person or\ncorporation, whether a riparian owner or not, on the ground that such\nalteration is an infringement of the plaintiff's private rights and\nprivileges in the waters of, or with respect to, such watercourse or\nlake unless such alteration is causing plaintiff harm, or would cause\nhim or it immediate harm if and when begun. This subdivision shall apply\nto such an action regardless of whether the alteration sought to be made\nthe basis of it was caused before or after the effective date of this\nsection.\n  2. For the purpose of this section, "harm" shall mean:\n  a. Interference with a present use of the water by the complaining\nparty or an interference with the complaining party's present enjoyment\nof riparian land occurring prior to suit, or which will immediately\noccur when the alteration complained of is begun, regardless of whether\nsuch interference has caused or will ever cause such party measurable\nfinancial loss; or\n  b. A decrease in the market value of the complaining party's interest\nin riparian land occurring prior to suit, or which will immediately\noccur when the alteration complained of is begun, regardless of whether\nhis use of the water or enjoyment of riparian land was interfered with\nprior to suit, or will be immediately interfered with when the\nalteration complained of is begun.\n  3. Interference with the present enjoyment of riparian land may be\nestablished by proof that the alteration complained of or sought to be\nenjoined is rendering or will immediately render riparian land owned or\noccupied by the complainant less suitable or useful for the purpose or\npurposes to which he is presently devoting it. The evidence admissible\nto establish a decrease in the suitability or utility of such land for\nsuch purposes may include, but not be limited to, evidence tending to\nshow that the act complained of has diminished, or when begun, will\nimmediately diminish, the desirability for recreational purposes, or the\nnatural beauty of the body of water to which the land owned or occupied\nby the complainant is riparian.\n  4. The cause of action essential to the initiation and creation of a\nprescriptive right or privilege against a private riparian owner to\ncontinue an alteration in the natural condition of such a watercourse or\nlake shall not be supplied by such an alteration until it shall have\ncaused such riparian owner harm and then only if it is unreasonable.\n  5. Nothing contained in this section shall, however, be construed as\ndepriving any person or corporation having an interest in such\nwatercourse or lake of any remedy either at law or in equity which he\nnow has, or may hereafter acquire, under the law of this state for harm\ncaused him by an unreasonable alteration in the natural condition of\nsuch a watercourse or lake, regardless of whether such alteration was\nharmful and unreasonable from its initiation or subsequently became so.\n  6. Any person desirous of ascertaining the extent of the rights and\nprivileges of himself and others in the water of or with respect to the\nnatural condition of such a natural watercourse or lake may maintain an\naction for a declaratory judgment defining the extent of such rights and\nprivileges. Neither proof of present harm nor of the likelihood of\nfuture harm to the plaintiff from an alteration in the natural condition\nof such watercourse or lake shall be prerequisite to the maintenance of\nsuch an action, the judgment in which shall not affect the rights and\nprivileges of any person or corporation not a party thereto. Such an\naction shall be maintainable by persons, corporations, governmental\nunits, owners of land riparian to such a natural watercourse or lake,\npersons to whom such owners have granted their riparian rights in whole\nor in part, and owners of prescriptive rights or privileges in the water\nof or with respect to such watercourses or lakes.\n  7. No statute of limitations shall begin to run against a cause of\naction for such a declaratory judgment until a plaintiff who is\nempowered by this section to maintain it has been harmed by an\nunreasonable alteration in the natural condition of such watercourse or\nlake effected by the person or his predecessor in interest against whom\nsuch an action may be maintained.\n  8. Notwithstanding any other provision of this section, if the harm\nresulting from an unreasonable alteration of the natural condition of\nsuch a natural watercourse or lake is one which would not ordinarily be\nnoticeable by an owner of land actually present thereon, no statute of\nlimitations shall begin to run against any cause of action referred to\nin subdivisions four and five of this section until the party harmed is\nfairly chargeable with knowledge that he has been harmed.\n  9. Nothing herein contained shall be construed to alter or affect the\nright to exercise any power which the state of New York or any agency\nthereof, or any county, city, town or village or any agency thereof, may\nhave to enjoin the initiation or continuance of an alteration in the\nnatural condition of a natural watercourse or lake.\n
N.Y. EDN Law § 6277 — New York Code / Act EDN / Title 7 / Article 125-B / Section 6277
Authority of city to convey real property and grant consents to dormitory authority
Status: in_force

§ 6277. Authority of city to convey real property and grant consents\nto dormitory authority.  (a) Notwithstanding the provisions of any\ngeneral, special or local law, charter or ordinance to the contrary, on\nrequest of the fund and with the approval of the city board of estimate,\nthe city of New York may sell, convey, lease, exchange or otherwise make\navailable to the dormitory authority, for a nominal consideration, any\ninterest in real property of the city designated by the board of higher\neducation as suitable for a facility.  Such sale, conveyance, lease,\nexchange, or other disposition may be made at nominal cost and without\nthe requirement of public auction or sealed bids, or restriction as to\nthe term of any such lease or arrangement, and the provisions of\nsubdivision b of section three hundred eighty-four of the New York city\ncharter shall not apply in such cases. Conveyances made pursuant to this\nsection shall include but shall not be limited to real property on which\nare situated facilities of, or are under the jurisdiction of, or\nassigned to, the board of higher education.\n  (b) Notwithstanding the provisions of any general, special or local\nlaw, charter or ordinance to the contrary, on request of the fund, the\ncity board of estimate in behalf of the City of New York may grant\nrevocable or irrevocable consents or rights of any kind or nature\nwhatsoever, providing for or involving or relating to the occupation or\nuse of any of the streets of the city, whether on, under or over the\nsurface thereof, to the dormitory authority, on such terms and\nconditions and for such period of time or duration as may be determined\nby the board of estimate to be in the public interest.\n
N.Y. RSS Law § 63-I — New York Code / Act RSS / Article 2 / Title 7 / Section 63-I
Death benefits for fire marshals employed by Nassau county
Status: in_force

§ 63-i. Death benefits for fire marshals employed by Nassau county. a.\nAs used in this section, the term "fire marshal" shall mean a member who\nis employed by Nassau county with a title of county fire marshal,\nsupervising fire marshal, fire marshal, assistant fire marshal,\nassistant chief fire marshal, chief fire marshal, and division\nsupervising fire marshal.\n  b. Notwithstanding any provision of law to the contrary, where a fire\nmarshal would have been entitled to a service retirement benefit at the\ntime of his or her death and where his or her death occurs on or after\nthe effective date of this section, the beneficiary or beneficiaries may\nelect to receive, in a lump sum, an amount payable which shall be equal\nto the pension reserve that would have been established had the member\nretired on the date of his or her death, or the value of the death\nbenefit and the reserve-for-increased-take-home-pay, if any, whichever\nis greater.\n
N.Y. LAB Law § 605 — New York Code / Act LAB / Article 18 / Title 7-A / Section 605
Qualified employers; application
Status: in_force

§ 605. Qualified employers; application. An employer who has at least\ntwo full time employees may apply to participate in a shared work\nprogram. The written application shall be made according to such forms\nand procedures as the commissioner may specify and shall include such\ninformation as the commissioner may require, including such other\ninformation that the United States Secretary of Labor determines to be\nappropriate for purposes of a shared work program. The commissioner\nshall not approve such application unless the employer (1) certifies\nthat for the duration of the program it will not eliminate or diminish\nhealth insurance, medical insurance, retirement benefits or any other\nfringe benefits provided to employees immediately prior to the\napplication unless such benefits provided to employees that do not\nparticipate in the shared work program are reduced or diminished to the\nsame extent as those employees that participate in the shared work\nprogram; (2) certifies that the collective bargaining agent for the\nemployees, if any, has agreed to participate in the program; (3)\ncertifies that if not for the shared work program to be initiated the\nemployer would reduce or would have reduced its work force to a degree\nequivalent to the total number of working hours proposed to be reduced\nor restricted for all included employees; (4) certifies that it will not\nhire additional part time or full time employees for the affected work\nforce while the program is in operation; (5) agrees that no participant\nof the program shall receive, in the aggregate, more than twenty-six\nweeks of benefits exclusive of the waiting week; (6) provides a\ndescription of how workers in the work force will be notified of the\nshared work program in advance of it taking effect, if feasible, and if\nsuch notice is not feasible, provides an explanation of why such notice\nis not feasible; (7) provides an estimate of the number of workers who\nwould be laid off if the employer could not participate in the shared\nwork program; and (8) certifies that the terms of the employer's written\nplan and implementation shall be consistent with employer obligations\nunder applicable federal and state laws.\n
N.Y. RSS Law § 63-F — New York Code / Act RSS / Article 2 / Title 7 / Section 63-F
Disability benefits; Westchester county district attorney investigators
Status: in_force

§ 63-f. Disability benefits; Westchester county district attorney\ninvestigators. The county of Westchester may elect to make the benefits\nprovided in this section available to criminal investigators, senior\ncriminal investigators, deputy chief criminal investigators, and chief\ncriminal investigators who are in the employ of the Westchester county\ndistrict attorney. Notwithstanding any provision of this chapter or any\ngeneral or special law to the contrary, any condition of impairment of\nhealth caused by diseases of the heart, resulting in the disability or\ndeath to a member covered by this section, presently employed and who\nshall have sustained such disability while so employed, who successfully\npassed a physical examination on entry into service as a member covered\nby this section, which examination failed to disclose evidence of any\ndisease or other impairment of the heart, shall be presumptive evidence\nthat it was incurred in the performance and discharge of duty, unless\nthe contrary can be proved by competent evidence.\n
N.Y. EDN Law § 5707 — New York Code / Act EDN / Title 7 / Article 115 / Section 5707
Extent of farm and grounds
Status: in_force

§ 5707. Extent of farm and grounds.  The farm and grounds occupied by\nsaid corporation, whereupon its buildings are erected, or shall be\nerected in such manner and to such extent as the trustees may from time\nto time direct and provide for, shall consist of not less than two\nhundred acres.\n
N.Y. EDN Law § 6354 — New York Code / Act EDN / Title 7 / Article 127 / Section 6354
Applicability
Status: in_force

§ 6354. Applicability. This article shall apply to all institutions of\nhigher education and any business or trade school in the state.\n
N.Y. PBA Law § 1554 — New York Code / Act PBA / Article 7 / Title 7 / Section 1554
Notes of the authority
Status: in_force

* § 1554. Notes of the authority. The authority shall have power from\ntime to time to issue its negotiable notes in conformity with applicable\nprovisions of the uniform commercial code and from time to time to issue\nrenewal notes (herein referred to as notes) maturing not later than five\nyears from their respective original dates in an amount not exceeding at\nany time one hundred thousand dollars, over and above the amount of\nbonds authorized by subdivision one of section fifteen hundred\nfifty-three of this title, for any purpose or purposes for which bonds\nmay be issued, whenever the authority shall determine that payment\nthereof can be made in full from any moneys or revenues which the\nauthority expects to receive from any source. Such notes may, among\nother things, be issued to provide funds to pay preliminary costs of\nsurveys, plans or other matters relating to any proposed project. The\nauthority may pledge such moneys or revenues (subject to any other\npledge thereof) for the payment of the notes and may in addition secure\nthe notes in the same manner and with the same effect as herein provided\nfor bonds. The notes shall be issued in the same manner as bonds. The\nauthority shall have power to make contracts for the future sale from\ntime to time of the notes, by which the purchasers shall be committed to\npurchase the notes from time to time on terms and conditions stated in\nsuch contracts, and the authority shall have power to pay such\nconsideration as it shall deem proper for such commitments. In case of\ndefault on its notes, or violation of any of the obligations of the\nauthority to the noteholders, the noteholders shall have all the\nremedies provided herein for bondholders.\n  * NB Dissolved December 1977\n  * NB There are 2 § 1554's\n
N.Y. LAB Law § 596 — New York Code / Act LAB / Article 18 / Title 7 / Section 596
Claim filing, registration, and reporting
Status: in_force

§ 596. Claim filing, registration, and reporting.  1. Claim filing and\ncertification to unemployment. A claimant shall file a claim for\nbenefits in such manner as the commissioner shall prescribe. The\nclaimant shall disclose whether he or she owes child support\nobligations, as hereafter defined. If a claimant making such disclosure\nis eligible for benefits, the commissioner shall notify the state or\nlocal child support enforcement agency, as hereafter defined, that the\nclaimant is eligible.\n  A claimant shall correctly report any weeks of employment and any\ncompensation received for such employment, including employment not\nsubject to this article, and the weeks during which he or she was\ntotally unemployed or partially unemployed and shall make such reports\nin accordance with such regulations as the commissioner shall prescribe.\n  2. Child support obligations. (a) The term "child support obligations"\nmeans obligations enforced pursuant to an approved plan under section\nfour hundred fifty-four of the federal social security act. The term\n"state or local child support enforcement agency" means any agency of\nthe state or a political subdivision thereof operating pursuant to such\na plan.\n  (b) Notwithstanding the provisions of section five hundred ninety-five\nof this article, the commissioner shall deduct and withhold child\nsupport obligations from benefits payable to a claimant (including\namounts payable by the commissioner pursuant to an agreement under any\nfederal law providing for compensation, assistance, or allowances with\nrespect to unemployment) in the amount specified by the claimant, the\namount determined pursuant to an agreement between the claimant and the\nstate or local child support enforcement agency submitted to the\ncommissioner, or the amount required to be deducted and withheld through\nlegal process, whichever amount is the greatest. Such amount shall be\npaid to the appropriate state or local child support enforcement agency,\nand shall be treated for all purposes as if paid to the claimant as\nbenefits and paid by the claimant to such agency in satisfaction of the\nclaimant's child support obligations. Each such agency shall reimburse\nthe commissioner for the administrative costs attributable to child\nsupport obligations being enforced by the commissioner.\n  3. Uncollected overissuance of food stamps. (a) The term "uncollected\noverissuance of food stamps" has the meaning prescribed in section\nthirteen (c)(1) of the federal food stamp act of 1977. The term\n"appropriate state food stamp agency" means any agency of the state or a\npolitical subdivision thereof enforcing the collection of such\noverissuance.\n  (b) Notwithstanding the provisions of section five hundred ninety-five\nof this article, the commissioner shall deduct and withhold uncollected\nover issuances of food stamps from benefits payable to a claimant\npursuant to section thirteen (c)(3) of the federal food stamp act of\n1977; provided, however, that no agreement pursuant to this section\nshall reduce benefits by an amount in excess of the greater of ten\npercent of the weekly benefit amount or ten dollars, unless claimant\nspecifically requests, in writing, to reduce benefits by a greater\namount. Any amount deducted and withheld under this subdivision shall be\npaid to the appropriate state food stamp agency, and shall be treated\nfor all purposes as if paid to the claimant as benefits and as if paid\nby the claimant to such agency in satisfaction of claimant's over\nissuance of food stamps coupons. To the extent permitted by federal law,\nthe procedures for correcting overpayments shall be designed to minimize\nadverse impact on the claimant, and to the extent possible, avoid undue\nhardship.\n  (c) Each such agency shall reimburse the commissioner for the\nadministrative costs incurred under this subdivision in a manner\nconsistent with a memorandum of understanding as approved by the\ndirector of the division of the budget. Such reimbursement shall be\nconsistent with federal law and regulations.\n  4. Registration and reporting for work. A claimant shall register as\ntotally unemployed or partially unemployed with the department in\naccordance with such regulations as the commissioner shall prescribe.\nAfter so registering, such claimant shall report for work at the same\nlocal state employment office or otherwise give notice of continued\ntotal or partial unemployment as often and in such manner as the\ncommissioner shall prescribe.\n  5. Part time work. Notwithstanding any other provisions of this\narticle, a claimant who for reasons personal to himself or herself is\nunable or unwilling to work full time and who customarily worked less\nthan the full time prevailing in his or her place of employment for a\nmajority of the weeks worked during the applicable base period, shall\nnot be denied unemployment insurance solely because the claimant is only\nseeking part time work. For purposes of this subdivision, "seeking part\ntime work" shall mean the claimant is willing to work for a number of\nhours per week that are comparable to the claimant's part time work\nduring the majority of time in the base period.\n  6. An individual filing a new claim for unemployment benefits shall,\nat the time of filing such claim, be advised that:\n  (a)(1) Unemployment benefits are subject to federal, state and local\nincome tax;\n  (2) Requirements exist pertaining to estimated tax payments;\n  (3) The individual may elect to have federal and/or state income tax\ndeducted and withheld from the individual's payment of unemployment\nbenefits at the amount specified under the federal internal revenue code\n(26 U.S.C.A. 3402(p)(2)) and/or the state income tax withholding tax\nschedules as specified under the tax law and relevant regulations; and\n  (4) The individual shall be permitted to change a previously elected\nwithholding status.\n  (b) Notwithstanding the provisions of section five hundred ninety-five\nof this article, the commissioner shall deduct and withhold federal\nand/or state income tax from benefits payable to an individual if such\nindividual elects such withholding. Amounts deducted and withheld from\nunemployment benefits shall remain in the unemployment trust fund until\ntransferred to the appropriate taxing authority as a payment of income\ntax.\n  (c) The commissioner shall follow all procedures specified by the\nUnited States department of labor, the federal internal revenue service,\nthe state department of labor and the state department of taxation and\nfinance pertaining to the deducting and withholding of income tax\nauthorized under this subdivision.\n  (d) Amounts shall be deducted and withheld under this subdivision only\nafter amounts are deducted and withheld for any overpayment of\nunemployment benefits, child support obligations, food stamp over\nissuances or any other amounts required to be deducted and withheld\nunder this article.\n  7. Notwithstanding the provisions of section five hundred ninety-five\nof this title, the commissioner shall deduct and withhold any\noverpayments established under this article or under any state or\nfederal unemployment compensation program from benefits payable to an\nindividual. No penalties or interest assessed pursuant to section five\nhundred ninety-four of this title may be deducted or withheld from\nbenefits.\n
N.Y. VAT Law § 1203-B — New York Code / Act VAT / Title 7 / Article 32 / Section 1203-B
Parking spaces; handicapped
Status: in_force

§ 1203-b. Parking spaces; handicapped. 1. Parking spaces for the\nhandicapped as provided for in sections one thousand two hundred three-a\nand one thousand two hundred three-c of this chapter shall also be\nextended to a motor vehicle registered in accordance with section four\nhundred four-a of this chapter. A handicapped permit issued in\naccordance with the provisions of section one thousand two hundred\nthree-a of this chapter shall entitle the driver to park in such parking\nspaces. Parking spaces for the handicapped shall be those parking spaces\naccorded to a holder of a handicapped parking permit provided in\naccordance with section one thousand two hundred three-a or as provided\nin section four hundred four-a of this chapter.\n  2. It shall be a violation for any person to stop, stand or park a\nvehicle in any area designated as a place for handicapped parking unless\nthe vehicle bears a permit issued under section one thousand two hundred\nthree-a or a registration issued under section four hundred four-a of\nthis chapter and such vehicle is being used for the transportation of a\nseverely disabled or handicapped person. This subdivision shall not\napply to a violation of section twelve hundred three-c of this chapter.\n
N.Y. RSS Law § 63-D — New York Code / Act RSS / Article 2 / Title 7 / Section 63-D
Uniformed court officers and peace officers; certain disabilities
Status: in_force

* § 63-d. Uniformed court officers and peace officers; certain\ndisabilities. Notwithstanding any provision of this chapter or of any\ngeneral, special or local law to the contrary, any member who is a\nuniformed court officer or peace officer in the unified court system who\ncontracts any condition of impairment of health caused by diseases of\nthe heart, resulting in disability or death to such court officer or\npeace officer, presently employed, and who shall have sustained such\ndisability while so employed, shall be presumptive evidence that such\ndisability was incurred in the performance and discharge of duty and the\nnatural and proximate result of an accident, unless the contrary be\nproved by competent evidence; provided, however, that prior to entry\ninto service, such member successfully passed a physical examination\nwhich failed to disclose evidence of any disease or other impairment of\nthe heart.\n  * NB Repealed July 1, 2005. § 480 of the retirement and social\nsecurity law (as amended by ch. 92/2003 § 2) extends disability benefits\nimplemented by former § 63-c.\n
N.Y. VAT Law § 1286 — New York Code / Act VAT / Title 7 / Article 34-D / Section 1286
Operators to wear protective headgear
Status: in_force

§ 1286. Operators to wear protective headgear. 1. No person sixteen or\nseventeen years of age shall ride upon, propel or otherwise operate an\nelectric scooter unless such person is wearing a helmet meeting\nstandards established by the commissioner pursuant to the provisions of\nsubdivision two-a of section twelve hundred thirty-eight of this title.\nAs used in this subdivision, wearing a helmet means having a properly\nfitting helmet fixed securely on the head of such wearer with the helmet\nstraps securely fastened.\n  2. Any person who violates the provisions of subdivision one of this\nsection shall pay a civil fine not to exceed fifty dollars.\n  3. The court shall waive any fine for which a person who violates the\nprovisions of subdivision one of this section would be liable if such\nperson supplies the court with proof that between the date of violation\nand the appearance date for such violation such person purchased or\nrented a helmet, which meets the requirements of subdivision one of this\nsection, or if the court finds that due to reasons of economic hardship\nsuch person was unable to purchase a helmet or due to such economic\nhardship such person was unable to obtain a helmet from the statewide\nin-line skate and bicycle helmet distribution program, as established in\nsection two hundred six of the public health law or a local distribution\nprogram. Such waiver of fine shall not apply to a second or subsequent\nviolation of subdivision one of this section.\n  4. The failure of any person to comply with the provisions of this\nsection shall not constitute contributory negligence or assumption of\nrisk, and shall not in any way bar, preclude or foreclose an action for\npersonal injury or wrongful death by or on behalf of such person, nor in\nany way diminish or reduce the damages recoverable in any such action.\n
N.Y. VAT Law § 1220-B — New York Code / Act VAT / Title 7 / Article 33 / Section 1220-B
Unlawful solicitation of ground transportation services at an airport
Status: in_force

§ 1220-b. Unlawful solicitation of ground transportation services at\nan airport. 1. No person shall unlawfully solicit ground transportation\nservices at an airport. A person unlawfully solicits ground\ntransportation services at an airport, when, at an airport, such person,\nwithout being authorized to do so by the airport operator, or without\nhaving made a prior agreement to provide ground transportation services\nto a specific patron, engages or offers to engage in any business, trade\nor commercial transaction involving the rendering to another person of\nany ground transportation services from such airport.\n  2. As used in this section, the term "ground transportation service"\nshall mean a service offering transportation by any vehicle, including\ntaxi cab, limousine, van or bus.\n  3. As used in this section, the term "airport" shall mean all of the\nreal property forming part of any facility used for the landing and\ntaking off of airplanes engaged in the transportation of passengers,\nincluding without limitation, all roadways, parking areas, pedestrian\nwalkways and terminal buildings forming part of such facility.\n  4. Any person who engages in the unlawful solicitation of ground\ntransportation services at an airport shall be guilty of a traffic\ninfraction punishable by a fine of not less than seven hundred fifty\ndollars nor more than one thousand five hundred dollars, or by\nimprisonment for not more than fifteen days or by both such fine and\nimprisonment; for a conviction of a second violation, both of which were\ncommitted within a period of eighteen months, such person shall be\npunished by a fine of not less than one thousand five hundred dollars\nnor more than two thousand dollars, or by imprisonment for not more than\nforty-five days, or by both such fine and imprisonment; for a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot less than two thousand dollars nor more than three thousand dollars,\nor by imprisonment for not more than ninety days, or by both such fine\nand imprisonment.\n
N.Y. EDN Law § 5901 — New York Code / Act EDN / Title 7 / Article 119 / Section 5901
Statement of objectives and legislative findings
Status: in_force

§ 5901. Statement of objectives and legislative findings.  The\nlegislative process, involving determination of public needs and\naspirations, the allocation of funds between private and public sectors,\nthe order of priorities within the public sector, the maintenance of\nstability within our society, the invigoration of the productive forces\nof the state, is a dynamic system.  As society becomes more specialized\nand scientific advances multiply and the legislature's role in decision\nmaking increases, it becomes more necessary than ever that the\nlegislative process provide an avenue for responsible closing of the gap\nbetween technological know-how and our social institutions.\n  The legislature finds that in order to promote public interest and\nwelfare, it is essential that there be provided a central institution\nwhere research, training and information on the legislative process be\nprovided.\n
N.Y. ENV Law § 27-0719 — New York Code / Act ENV / Article 27 / Title 7 / Section 27-0719
Battery management and disposal
Status: in_force

§ 27-0719. Battery management and disposal.\n  1. Legislative intent. It is the intent of the legislature to minimize\nthe risk to the environment posed by batteries, both in consumer and\nnon-consumer uses, whether rechargeable or nonrechargeable. Such risk is\nto be addressed through the elimination of mercury in zinc carbon\nbatteries, the minimization of mercury in alkaline manganese batteries,\nthe redesign of certain products containing rechargeable batteries, and\nthrough the development of an action plan to establish a schedule for\ncollection systems capable of providing for the recycling or disposal of\nall mercuric oxide batteries, silver oxide batteries, nickel cadmium\nbatteries, small lead acid batteries, and other types of batteries the\ncommissioner may identify.\n  2. Definitions. For the purposes of this section, the following\ndefinitions shall apply:\n  (a) A "battery" means a device consisting of one or more cells, each\ncell consisting of a positive electrode, a negative electrode and an\nelectrolyte, which is used to provide stored electrical power.\n  (b) An "alkaline manganese battery" means a battery consisting of a\nmanganese dioxide positive electrode, a zinc negative electrode and an\nalkaline electrolyte.\n  (c) A "mercuric oxide battery" means a battery consisting of a\nmercuric oxide positive electrode and a zinc negative electrode.\n  (d) A "nickel cadmium battery" means a battery consisting of a nickel\npositive electrode and a cadmium negative electrode.\n  (e) A "small lead-acid battery" means a battery consisting of positive\nand negative electrode materials which are leads or compounds thereof,\nused in nonvehicular applications and weighing less than twenty-five\npounds.\n  (f) A "zinc carbon battery" means a battery consisting of a manganese\ndioxide positive electrode, a zinc negative electrode, and a\nnon-alkaline electrolyte.\n  (g) A "silver oxide battery" means a battery consisting of a silver\noxide positive electrode, and a zinc negative electrode.\n  (h) A "battery pack" means one or more batteries enclosed in a\nhousing.\n  (i) A "distributor" means a seller of batteries or devices that\ncontain batteries at the time of sale.\n  (j) "Easily removed" means a battery or battery pack which is either\ndetachable or readily removable by the consumer from a consumer product\nwithout cutting or desoldering any wires.\n  3. Mercury reduction and elimination. (a) No person may knowingly sell\nor offer for sale in New York state an alkaline manganese battery\nmanufactured on or after January first, nineteen hundred ninety-two,\nwhich contains more than 0.025 percent mercury by weight of the battery;\nprovided, however, that for alkaline manganese batteries having sizes\nand shapes resembling buttons or coins, the limitation on mercury\ncontent shall be twenty-five milligrams of mercury per battery.\n  (b) No person may knowingly sell or offer for sale in New York state a\nzinc carbon battery manufactured on or after January first, nineteen\nhundred ninety-three that contains a mercury concentration level of more\nthan one part per million (0.0001%) by weight.\n  4. Rechargeable batteries. (a) No distributor may sell or offer for\nsale any product which contains a nickel cadmium or small lead-acid\nbattery or battery pack manufactured after July first, nineteen hundred\nninety-three unless:\n  (1) In the case of consumer products, the battery can be easily\nremoved by the consumer, or is contained in a battery pack that is\nseparate from the product and can be easily removed from the product.\n  (2) In the case of nonconsumer products, the battery can be removed or\nis contained in a battery pack that is separate from the product.\n  (3) In all cases, the battery is clearly marked as to its type, so\nthat consumers, collectors and recyclers may easily identify chemical\ncontent.\n  (b) The commissioner shall authorize the sale of a consumer product or\na nonconsumer product which does not comply with paragraph (a) of this\nsubdivision, if the commissioner determines that:\n  (1) The product was available for sale on or before the effective date\nof this section, and the product cannot reasonably be redesigned and\nmanufactured prior to July first, nineteen hundred ninety-three;\nprovided, however, that such authorizations shall not apply to products\nmanufactured on or after July first, nineteen hundred ninety-five; or\n  (2) Design of the product to comply with paragraph (a) of this\nsubdivision would result in significant danger to public health and\nsafety.\n  5. Technology assessment, collection and recycling. On or before\nJanuary first, nineteen hundred ninety-three, the commissioner, in\nconsultation with the commissioner of economic development and battery\nmanufacturers, battery recyclers and others, shall report to the\ngovernor and the legislature on an action plan which reviews the\ntechnological feasibility of requiring the elimination of mercury from\nalkaline manganese batteries, and establishes a schedule for collection\nsystems capable of providing for the recycling or disposal of all\nmercuric oxide batteries, silver oxide batteries, nickel cadmium\nbatteries, small lead acid batteries, and such other type of batteries\nas the commissioner may identify. Such plan and schedule shall identify\nthe appropriate role of battery manufacturers, retailers, consumers,\nrecyclers and others in the implementation of collection systems and\nprovide an evaluation of the feasibility of a returnable battery deposit\nsystem in New York state; provided, however, that nothing contained\nherein shall be deemed to authorize the commissioner to impose such\nsystem or systems.\n
N.Y. ENV Law § 37-0707 — New York Code / Act ENV / Article 37 / Title 7 / Section 37-0707
Preemption
Status: in_force

§ 37-0707. Preemption.\n  Jurisdiction in all matters pertaining to TRIS which are regulated\npursuant to the provisions of this title shall be vested exclusively in\nthe state.\n
N.Y. EDN Law § 6204 — New York Code / Act EDN / Title 7 / Article 125 / Section 6204
Board of trustees
Status: in_force

§ 6204. Board of trustees. 1. The board of trustees shall govern and\nadminister the city university. The control of the educational work of\nthe city university shall rest solely in the board of trustees which\nshall govern and administer all educational units of the city\nuniversity.\n  2. Structure of the board of trustees:\n  (a) The board of trustees shall consist of seventeen trustees. Ten of\nthe trustees shall be appointed by the governor with the advice and\nconsent of the senate. Five of the trustees shall be appointed by the\nmayor of the city of New York with the advice and consent of the senate.\nOne ex-officio trustee shall be the chairperson of the university\nstudent senate. One ex-officio non-voting trustee shall be the\nchairperson of the university faculty senate.\n  (b) The ex-officio trustees shall be afforded the same parliamentary\nprivileges as are conferred upon the appointed trustees. The ex-officio\ntrustees shall be subject to every provision of any general, special or\nlocal law, ordinance, charter, code, rule or regulation applying to the\nappointed trustees of the board with respect to the discharge of their\nduties including, but not limited to, those provisions setting forth\ncodes of ethics, disclosure requirements and prohibiting business and\nprofessional activities. The chair of the university faculty senate\nshall not participate as a voting trustee in any matter.\n  (c) Except as provided in subparagraphs (i), (ii) and (iii) of this\nparagraph, the term of office of each appointed trustee shall be seven\nyears renewable solely for one additional term of seven years.\n  (i) The members of the board of higher education in the city of New\nYork shall be and constitute the members of the board of trustees for\nthe period beginning July first, nineteen hundred seventy-nine and\nending December thirty-first, nineteen hundred seventy-nine.\n  (ii) Effective January first, nineteen hundred eighty, the governor\nshall appoint one trustee to a term which expires on June thirtieth,\nnineteen hundred eighty, two trustees to terms which expire on June\nthirtieth, nineteen hundred eighty-one, one trustee to a term which\nexpires on June thirtieth, nineteen hundred eighty-two, two trustees to\nterms which expire on June thirtieth, nineteen hundred eighty-three, one\ntrustee to a term which expires on June thirtieth, nineteen hundred\neighty-four, two trustees to terms which expire on June thirtieth,\nnineteen hundred eighty-five, and one trustee to a term which expires on\nJune thirtieth, nineteen hundred eighty-six. Upon expirations of these\nterms, the governor shall appoint trustees to full seven year terms.\n  (iii) Effective January first, nineteen hundred eighty, the mayor\nshall appoint one trustee to a term which expires on June thirtieth,\nnineteen hundred eighty, one trustee to a term which expires on June\nthirtieth, nineteen hundred eighty-two, one trustee to a term which\nexpires on June thirtieth, nineteen hundred eighty-three, one trustee to\na term which expires on June thirtieth, nineteen hundred eighty-five,\nand one trustee to a term which expires on June thirtieth, nineteen\nhundred eighty-six.  Upon expiration of the terms the mayor shall\nappoint trustees to full seven year terms.\n  (d) A chairperson and a vice chairperson of the board of trustees\nshall be appointed by and shall serve at the pleasure of the governor.\n  (e) At least four of the trustees initially appointed by the governor\nand two of the trustees initially appointed by the mayor pursuant to\nthis subdivision shall be selected from among the persons serving on the\nboard of higher education in the city of New York, on and after January\nfirst, nineteen hundred seventy-nine.\n  (f) The five trustees appointed by the mayor shall include at least\none resident of each of the five boroughs of the city of New York.\n  (g) The trustees appointed by the governor shall include at least one\nresident of each of the five boroughs of the city of New York.\n  (h) The trustees appointed by the mayor shall include at least one\nalumnus of an educational unit in the city university. The trustees\nappointed by the governor shall include at least two alumnae of an\neducational unit in the city university including at least one other\nalumnus of a community college.\n  (i) In the event of a vacancy occurring in the office of trustee by\ndeath, resignation or otherwise, a successor shall be chosen in the same\nmanner as was the trustee whose office became vacant, to serve for the\nbalance of the term.\n  (j) Any trustee appointed by the governor may be removed by the\ngovernor and any trustee appointed by the mayor may be removed by the\nmayor.  Removal of a trustee by the governor or the mayor shall be upon\nproof of (i) official misconduct or neglect of official duties; or (ii)\nmental or physical inability to perform his duties. Before the removal\nof a trustee, the trustee shall receive due and timely written notice of\nthe charges and a copy of the charges. The trustee shall be entitled to\na hearing on the charges pursuant to due and timely notice before the\ngovernor or the mayor, as the case may be, and to the assistance of\ncounsel on such hearing.\n  (k) Trustees shall receive no compensation for their services but\nshall be reimbursed for their actual and necessary expenses incurred by\nthem in the performance of their duties under this article.\n  3. Meetings of the board of trustees. (a) The by-laws of the board of\ntrustees shall provide for regular meetings. At least seven days notice\nof every regular meeting and a copy of the agenda for that meeting shall\nbe mailed to the usual address of each trustee. Resolutions for the\nconsideration of the board of trustees must be mailed to the usual\naddress of each trustee no less than seven days prior to a meeting,\nunless the chair shall make available in writing on the day of the\nmeeting the facts which necessitate an immediate vote. The agendas for\nsuch meetings shall be available electronically on the city university\nof New York website three days prior to the meetings unless an executive\ncommittee meeting has been called in which an agenda must be available\ntwenty-four hours in advance, and shall be considered public records. A\nsummary of resolutions and board actions for any such meeting of the\nboard of trustees shall be electronically available on the city\nuniversity of New York website no later than seven days after the\nmeeting and shall be considered public records. The approved minutes,\nattendance, voting record, and either transcripts or video record for\nany such meeting must be posted no later than seven days following their\napproval by the board. Information posted on the city university of New\nYork website regarding board of trustee meetings shall remain on the\nsite as archived data for a minimum of ten years. All meetings shall be\nheld in accordance with article seven of the public officers law.\n  (b) The chairperson, the vice chairperson or any five trustees acting\nby petition, may at any time call a special meeting of the board of\ntrustees and fix the time and place therefor. Each trustee shall receive\ntelephonic or written notice of a special meeting at least twenty-four\nhours prior to the special meeting. An agenda for such meeting,\nincluding meetings of any committees and subcommittees under the purview\nof the board of trustees, shall be available electronically on the city\nuniversity of New York website twenty-four hours prior to the special\nmeeting of the board and shall be considered a public record. A summary\nof resolutions and board actions for any such meeting of the board of\ntrustees shall be electronically available on the city university of New\nYork website no later than seven days after the meeting and shall be\nconsidered a public record. The approved minutes, attendance, voting\nrecord, and either transcripts or video record for any such meeting must\nbe posted no later than seven days following their approval by the\nboard. Information posted on the city university of New York website\nregarding board of trustee meetings shall remain on the site as archived\ndata for a minimum of ten years. Any such meeting of the board of\ntrustees shall be conducted in accordance with article seven of the\npublic officers law.\n  (c) Nine trustees attending a meeting shall constitute a quorum for\nthe transaction of business by the board of trustees.\n  (d) (i) The board of trustees shall hold at least one public hearing\neach year in each of the five boroughs of the city of New York. The\npurpose of such hearing shall be to receive testimony and statements\nfrom concerned individuals about university issues.\n  (ii) The board of trustees shall fix the time, place, duration and\nformat of each hearing.\n  (iii) At least thirty days notice of the hearing shall be given by the\nchairperson of the board of trustees to all of the trustees, to all\npresidents of educational units, to the chair of faculty-senate bodies\nof educational units, to all student government presidents of\neducational units, to the borough president, the members of the city\ncouncil, the members of the board of estimate, the local community\nboards of the borough where the hearing is to be held and to the media.\nThe notice shall contain the time, place and date of the public hearing.\nSuch information shall be made electronically available on the city\nuniversity of New York website. Any such meeting of the board of\ntrustees shall be conducted in accordance with article seven of the\npublic officers law.\n  (iv) At least three trustees shall attend each hearing.\n
N.Y. EDN Law § 5716 — New York Code / Act EDN / Title 7 / Article 115 / Section 5716
Acquisition by the state of land and interests in land of Cornell university upon which buildings have heretofore or may hereafter be ere...
Status: in_force

§ 5716. Acquisition by the state of land and interests in land of\nCornell university upon which buildings have heretofore or may hereafter\nbe erected by the state.  Notwithstanding the provisions of section\nfifty-seven hundred and six of this chapter, any lands owned by Cornell\nuniversity upon which buildings have been heretofore or may hereafter be\nerected by the state for the purpose of any college, school or\nexperiment station provided for in this article, together with such\nadditional contiguous lands as may be deemed appropriate or needful to\nthe purposes of any such college, school or experiment station, with\nsuch rights of way, for purposes of ingress and egress thereto and\ntherefrom or for other purposes over other lands of Cornell university,\nas may be deemed necessary, may be conveyed by Cornell university to the\npeople of the state, without consideration, pursuant to such agreement\nor agreements therefor as may be made between Cornell university and,\nwith the approval of the director of the budget, the trustees of the\nstate university of New York, acting for and on behalf of the people of\nthe state.  Any such conveyance may be made upon such terms and\nconditions, including conditions precedent or conditions subsequent with\nprovision of reverter and right of re-entry upon breach thereof, as may\nbe provided for by any such agreement.  All such agreements shall be in\nwriting and shall be approved as to form and manner of execution by the\nattorney-general before they shall become binding on the state.  No\nconveyance authorized herein shall be accepted on behalf of the state\nunless the title to the property conveyed shall be approved by the\nattorney-general and the deed of conveyance approved as to form and\nmanner of execution by him.\n
N.Y. PBH Law § 3390 — New York Code / Act PBH / Article 33 / Title 7 / Section 3390
Revocation of licenses and certificates of approval
Status: in_force

§ 3390. Revocation of licenses and certificates of approval.  Any\nlicense or certificate of approval granted pursuant to this article may\nbe revoked by the commissioner in whole or in part upon a finding that\nthe licensee or certificate holder has:\n  1. falsified any application, report, or record required by this\narticle;\n  2. wilfully failed to furnish the department with timely reports or\ninformation required to be filed with the department;\n  3. been convicted of an offense in any jurisdiction relating to any\nsubstance listed in this article as a controlled substance;\n  4. wilfully or negligently failed to comply with any of the provisions\nof the federal controlled substances act, this article, or the\nregulations promulgated thereunder;\n  5. failed to maintain effective control against diversion of\ncontrolled substances; or\n  6. wilfully and unreasonably refused to permit an inspection\nauthorized by this article.\n
N.Y. ENV Law § 21-0717 — New York Code / Act ENV / Article 21 / Title 7 / Section 21-0717
Cooperative services
Status: in_force

§ 21-0717. Cooperative services.\n  Departments, agencies and officers shall provide technical and\nadministrative services to the Delaware river basin commission upon\nrequest, within the limits of available appropriations and shall\ncooperate generally with said commission for the purposes of the\ncompact.\n
N.Y. RSS Law § 63-A — New York Code / Act RSS / Article 2 / Title 7 / Section 63-A
Performance of duty disability retirement
Status: in_force

§ 63-a. Performance of duty disability retirement. a. Any member in\nthe uniformed personnel in institutions under the jurisdiction of the\ndepartment of corrections and community supervision or a security\nhospital treatment assistant, as those terms are defined in subdivision\ni of section eighty-nine of this article, who becomes physically or\nmentally incapacitated for the performance of duties as the natural and\nproximate result of an injury, sustained in the performance or discharge\nof his or her duties by, or as the natural and proximate result of an\nact of any incarcerated individual or any person confined in an\ninstitution under the jurisdiction of the department of corrections and\ncommunity supervision or office of mental health, or by any person who\nhas been committed to such institution by any court shall be paid a\nperformance of duty disability retirement allowance equal to that which\nis provided in section sixty-three of this title, subject to the\nprovisions of section sixty-four of this title.\n  b. Notwithstanding any provision of this chapter or of any general or\nspecial law to the contrary, a member covered by this section who\ncontracts HIV (where there may have been an exposure to a bodily fluid\nof an incarcerated individual or a person described in subdivision a of\nthis section as a natural and proximate result of an act of any\nincarcerated individual or person described in subdivision a that may\nhave involved transmission of a specified transmissible disease from an\nincarcerated individual or such person described in subdivision a to the\nretirement system member), tuberculosis or hepatitis will be presumed to\nhave contracted such disease in the performance or discharge of his or\nher duties, and will be presumed to be disabled from the performance of\nhis or her duties, unless the contrary be proved by competent evidence.\n  * c. Notwithstanding any provision of this chapter or of any general\nor special law to the contrary, any condition of impairment of health\ncaused by diseases of the heart, resulting in disability or death to a\nmember covered by this section, presently employed and who shall have\nsustained such disability while so employed, who successfully passed a\nphysical examination on entry into service as a correction officer or\nsecurity hospital treatment assistant, which examination failed to\ndisclose evidence of any disease or other impairment of the heart, shall\nbe presumptive evidence that it was incurred in the performance and\ndischarge of duty, unless the contrary be proved by competent evidence.\n  * NB Expired and repealed July 1, 2001. § 480 of Retirement and Social\nSecurity Law extends disability benefits implemented by former § 63-c.\n
N.Y. EDN Law § 6220 — New York Code / Act EDN / Title 7 / Article 125 / Section 6220
Salary schedules in certain public institutions of higher learning
Status: in_force

§ 6220. Salary schedules in certain public institutions of higher\nlearning. For the purposes of this section, "college" shall mean a\nsenior college as defined in subdivision five of section sixty-two\nhundred two of this article. Any reference in this section to a\n"community college of the board of trustees" or to a "community college\nsponsored or administered by the board of higher education of the city\nof New York" shall be deemed a reference to a community college as\ndefined in subdivision four of section sixty-two hundred two of this\narticle and to a locally sponsored community college administered by the\nboard pursuant to subdivision three of section sixty-three hundred six\nof this chapter.\n  In any public institution of higher learning under the jurisdiction of\nthe board of trustees, including community colleges sponsored or\nadministered by the board of trustees, the salaries, increments and\nannual salary schedules of the following positions shall continue to be\nno lower than those established by the board of higher education and\napproved by the mayor and in full force and effect the first day of\nJanuary, nineteen hundred sixty-five:\n  1. President;\n  2. Dean;\n  3. Professor;\n  4. Registrar;\n  5. Lecturers;\n  6. Associate professors and librarians;\n  7. Assistant professors and associate librarians;\n  8. Instructors, assistant registrars and assistant librarians;\n  9. Library assistants;\n  10. Tutors;\n  11. Research assistants and clinical assistants;\n  12. Fellows and laboratory teaching assistants;\n  13. Services on an hourly basis of compensation: persons appointed to\nteaching positions in the evening and summer session with compensation\non an hourly basis;\n  14. Temporary employees in teaching and supervising positions; and\n  15. College physician--doctor and/or dentist: on session service.\n  The annual increments provided through the operation of this\nsubdivision shall be added on January first of each year.\n  16. Administrative employees of the non-instructional staff.\n  A. Group I. College office assistant A, college secretarial assistant\nA;\n  Group II. College office assistant B, college secretarial assistant B;\n  Group III. College administrative assistant;\n  Group IV. Such other administrative positions of the non-instructional\nstaff now existing and such other administrative positions of the\nnon-instructional staff as the board of trustees may establish from time\nto time and at such salary and salary schedules as the said board of\ntrustees may establish with the approval of the mayor of the city of New\nYork.\n  B. The annual increments provided through the operation of this\nsection in the foregoing salary schedules for groups I, II, and III\nhereof shall become effective on the first day of July or the first day\nof January in each year following the completion of a year of service.\n  C. Effective July first, nineteen hundred sixty-six, titles of\nadministrative employees of the non-instructional staff of community\ncolleges sponsored or administered by the board of trustees shall be\nchanged as follows:\n  1. Group I. College office assistant A, college secretarial assistant\nA.\n  2. Group II. College office assistant B, college secretarial assistant\nB.\n  3. Group III. College administrative assistant.\n  4. Group IV. Such other administrative positions of the\nnon-instructional staff now existing and such other administrative\npositions of the non-instructional staff as the board of trustees may\nestablish from time to time and at such salary and salary schedules as\nsaid board of trustees may establish with the approval of the mayor of\nthe city of New York.\n  5. The qualification requirements for these positions and the\nconditions of employment shall be as established by the board of\ntrustees, and shall be the same as those established for comparable\ntitles for four-year colleges of the board of trustees of the city\nuniversity of New York.\n  6. Salaries and salary conditions for these positions shall be as\nestablished by the board of trustees, and shall be the same as those\nestablished for comparable titles for four-year colleges of the board of\ntrustees.\n  7. All permanent administrative employees of the non-instructional\nstaff of the community colleges sponsored or administered by the board\nof trustees, who are high school graduates and who on June thirtieth,\nnineteen hundred sixty-six had permanent or probationary status in the\ntitles listed in column one below shall without examination (except as\notherwise specified) have their titles changed to the equated titles in\ncolumn two:\n     Column 1                                              Column 2\nTitle as of June 30, 1966                            Equated Title as of\n                                                            July 1, 1966\nAccount Clerk                                             College office\n                                                             assistant A\nAdministrative assistant                          College administrative\n                                                               assistant\nClerk                                                     College office\n                                                             assistant A\nDepartment library aide                                   College office\n                                                             assistant A\nSenior Clerk                                                     College\n                                                      office assistant B\nSenior stenographer                                  College secretarial\n                                                             assistant B\nStenographer                                         College secretarial\n                                                             assistant A\nSupervising clerk                                 College administrative\n                                                               assistant\n  (if incumbent passes a noncompetitive qualifying examination conducted\nby the New York city department of personnel; a probationary period of\none year shall begin on appointment as a college administrative\nassistant)\n                                   or\n  College office assistant B (if incumbent fails to pass the above\nqualifying examination; in which case incumbent's salary shall continue\nto increase by increments until the maximum of supervising clerk\nschedule has been reached).  Supervising stenographer College\nadministrative assistant\n  (if incumbent passes a non-competitive qualifying examination\nconducted by the New York city department of personnel; a probationary\nperiod of one year shall begin on appointment as college administrative\nassistant)\n                                   or\n  College secretarial assistant B (if incumbent fails to pass the above\nqualifying examination; in which case incumbent's salary shall continue\nto increase by increments until the maximum of supervising stenographer\nschedule has been reached).\nTypist                                        College office assistant A\n  An employee who on July first, nineteen hundred sixty-six has not yet\ncompleted his probationary period shall, if he subsequently completes\nhis probationary period, be reclassified to the appropriate equivalent\ntitle at the time of his permanent appointment. An employee who is not a\nhigh school graduate shall be reclassified within a year after July\nfirst, nineteen hundred sixty-six to the appropriate equivalent title on\npresentation of a high school diploma or its equivalent, failing to do\nwhich such employee shall remain in his career and salary plan title.\n  8. No person employed in the community colleges sponsored or\nadministered by the board of trustees at the time this article goes into\neffect shall suffer any diminution of salary, status, tenure, and\nretirement rights, nor shall he receive in his new title a salary less\nthan he would have received had he continued in his former title. Any\nsuch person shall retain his right to promotion on a city-wide basis\nfrom any civil service list in existence on July first, nineteen hundred\nsixty-six or established as the result of any examination for which the\nfiling period began prior to that date.\n  9. All persons appointed on or after the date this article takes\neffect to serve in administrative positions of the non-instructional\nstaff in the community colleges of the board of trustees shall be\nappointed for the probationary period of one year, during which the\nservice of a person appointed to any such position may be discontinued\nby the board of trustees at any time. All persons employed in the\nadministrative service of the non-instructional staff of the community\ncolleges sponsored or administered by the board of trustees who have\nserved the full probationary period shall hold their respective\npositions during good behavior and efficient and competent service, and\nshall not be removed except for cause after a hearing by the affirmative\nvote of a majority of the board of trustees.\n  The board of trustees shall provide by appropriate by-laws, for the\npresentation of charges, the reference thereof to a committee of the\nboard of trustees or to others for hearings, the conduct of such\nhearings and the report thereof on the basis of which the board of\ntrustees shall take such action as it deems necessary or advisable.\n  10. Laboratory staff.\n  Group I. College science assistant A; college science technician A;\ncollege engineering technician A;\n  Group II. College science assistant B; college science technician B;\ncollege engineering technician B;\n  Group III. College science assistant C; college science technician C;\ncollege engineering technician C;\n  11. Professor;\n  12. Associate professor;\n  13. Assistant professor;\n  14. Instructor;\n  15. Lecturer (nursing science);\n  16. Senior registrar;\n  17. Associate registrar;\n  18. Technical assistant.\n  In positions for which annual increments are specified through the\noperation of this section, the board of trustees nevertheless shall have\nthe right to assign fixed salaries, not exceeding the maximum specified\nthrough the operation of this section, to appointees in special cases,\nto vote larger increments in special cases, when in its judgment the\nnature of the duties or the character of the services renders such\naction just, or to withhold an annual increment from any member of the\nstaff whose services for the preceding year are unsatisfactory.\n  In any position for which no annual increment is provided through the\noperation of this section, the specified salary of an incumbent shall be\nfixed at the minimum rate, or the maximum rate, or between, by\nresolution of the board of trustees. Such action shall be taken with due\nconsideration for the duties to be discharged, prevailing rates of\ncompensation for one discharging such duties, and the qualifications,\ntraining and experience of the incumbent.\n  Nothing contained in this section shall be construed to prevent the\nestablishing of salary schedules by the board of trustees with the\nconsent of the director of the budget of the state of New York with\nrespect to senior colleges, and with the consent of the mayor with\nrespect to community colleges, with maxima higher than those contained\nin the minimum schedules provided through the operation of this section,\nand the payment by the state or the city, as appropriate, of\ncompensations and salaries fixed in accordance with such new schedule.\n
N.Y. ENV Law § 27-0715 — New York Code / Act ENV / Article 27 / Title 7 / Section 27-0715
Solid waste management technical assistance
Status: in_force

§ 27-0715. Solid waste management technical assistance.\n  1. The department shall conduct a comprehensive program of technical\nassistance to local governments, the private sector and individuals to\nenhance their capabilities to properly plan for and implement solid\nwaste management programs consistent with the state solid waste\nmanagement policy set forth in section 27-0106 of this article. This\nprogram will establish continuing and comprehensive programs of\ntechnical assistance designed to consolidate, simplify, or expedite the\ndevelopment and implementation of such solid waste management programs.\n  2. In conducting the program set forth in this section, the department\nshall prepare, provide and distribute to municipalities, and may\ndistribute to other persons, information and other technical assistance\nconcerning development and implementation of solid waste management\nplans, programs and facilities. Such information and assistance may be\nin the form of manuals, generic assessments or technical assistance\ndocuments and other written materials and, as may be appropriate,\nconsultation services. Such information and assistance may be provided\nby the department directly or by contract, shall be directed toward\nfurthering the implementation of the state solid waste management policy\nestablished pursuant to section 27-0106 of this article and the\ndevelopment of local solid waste management plans pursuant to section\n27-0107 of this article and shall address:\n  (a) available techniques and technologies for various forms of solid\nwaste management and recommendations concerning methods by which to\nachieve an appropriate balance among those techniques and technologies,\nand an assessment of their feasibility and usefulness under varying\nlocal circumstances;\n  (b) applicable regulatory programs and permit processes;\n  (c) with the assistance of the commissioner of economic development,\nand in cooperation with the bureau of waste reduction and recycling\nestablished pursuant to this article, assistance in developing and\nimplementing waste reduction, source separation and recycling programs;\n  (d) the potential availability of financial assistance from existing\nstate programs and other sources for any or all aspects of a proposed\nsolid waste management program;\n  (e) with the assistance of the attorney general, the state\ncomptroller, and other appropriate officers and agencies of the state,\nthe development and implementation of contracts and service agreements,\nqualifications of vendors, and use of the procurement process, so as to\npromote compliance with the applicable provisions of the general\nmunicipal law and federal and state anti-trust statutes;\n  (f) model local laws or ordinances to effectively implement sound\nsolid waste management programs, including source separation and\nrecycling efforts and regional disposal, management, and marketing\nactivities;\n  (g) generic analyses of factors associated with the construction and\noperation of municipal solid waste management facilities;\n  (h) a clearinghouse of information and suggestions from other states,\nagencies, and municipalities, the federal government, and other sources\npertaining to development and implementation of solid waste management\nprograms, including those relating to cost avoidance, public education\nand information efforts and potential host community incentives; and\n  (i) the availability of consultation services pertaining to the issues\nidentified and referred to in this section.\n  3. In effectuating the state solid waste management policy set forth\nin section 27-0106 of this article, the technical assistance personnel\nand resources of the department and local officials should work as a\nteam, each bringing their respective authority and responsibility to\nbear in the development and implementation of a viable local solid waste\nmanagement program, or, as may be appropriate, as required to address\nspecific problems associated with such programs. Accordingly, within the\nlimits of appropriation therefor, upon designation of the local\nparticipants by a requesting local government, the department shall\nprovide staff and other resources, as appropriate, to work jointly and\nin cooperation with the requesting local government on a continuing\nbasis, as needed. State and local officials when working as a team\nshould make available to interested parties periodic assessments of the\nstatus and effectiveness of the team's efforts.\n  4. In addition to providing technical assistance to municipalities and\nplanning units in addressing the issues identified in subdivision two of\nsection 27-0107 of this article as they relate to the particular\ncircumstances confronted by such municipalities and planning units, the\ndepartment shall assist municipalities in identifying and evaluating:\n  (i) alternatives available for management of current and future solid\nwaste, including costs and impacts of specific waste management methods;\nand\n  (ii) regulatory requirements associated with the implementation of\nsuch alternatives.\n  5. In administering the provisions of this section, the department\nshall provide to the governor, the legislature, and local governments on\nor before December thirty-first, nineteen hundred eighty-eight and\nannually thereafter, a report assessing the assistance programs\nestablished pursuant to this title, including the number of\nmunicipalities and other entities which received assistance, a\ndescription of the services provided and an assessment of program\neffectiveness.\n  6. The department shall submit to the director of the division of the\nbudget, the chairman and ranking minority member of the senate finance\ncommittee and the chairman and ranking minority member of the assembly\nways and means committee an evaluation of the assistance programs\nestablished in this section, and their implementation, prepared by an\nentity independent of the department. Such evaluation shall be submitted\nby September first, nineteen hundred ninety and by September first,\nevery two years thereafter.\n  7. In administering assistance programs pursuant to this section, the\ncommissioner shall consider the potential for coordination and\nconsolidation of solid waste management practices, including marketing\nefforts associated with source separation and recycling programs, among\nmunicipalities and shall encourage such cooperation and consolidation\nwhere it is practicable and would result in enhanced environmental\nprotection and cost effectiveness.\n  8. To effectuate the purposes of this section, the department may\nrequest and shall be entitled to receive, from any state agency or\npublic authority and the same are authorized to provide, such\nassistance, services, facilities, and data as will enable the department\nto carry out its functions, powers, and duties.\n
N.Y. PML Law § 1363 — New York Code / Act PML / Article 13 / Title 7 / Section 1363
Advertising restrictions
Status: in_force

§ 1363. Advertising restrictions. 1. As used in this section:\n  (a) "advertisement" shall mean any notice or communication to the\npublic or any information concerning the gaming-related business of a\ngaming facility licensee or applicant or a mobile sports wagering\nlicensee as defined in section thirteen hundred sixty-seven of this\narticle through broadcasting, publication or any other means of\ndissemination, including electronic dissemination. Promotional\nactivities are considered advertisements for purposes of this section.\n  (b) "direct advertisement" shall mean any advertisement as described\nin paragraph (a) of this subdivision that is disseminated to a specific\nindividual or individuals.\n  2. Advertising shall be based upon fact, and shall not be false,\ndeceptive or misleading, and no advertising by or on behalf of a gaming\nfacility licensee shall:\n  (a) Use any type, size, location, lighting, illustration, graphic\ndepiction or color resulting in the obscuring of any material fact;\n  (b) Fail to clearly and conspicuously specify and state any material\nconditions or limiting factors;\n  (c) Depict any person under the age of twenty-one engaging in gaming\nand related activities; or\n  (d) Fail to designate and state the name and location of the gaming\nfacility conducting the advertisement. The location of the gaming\nfacility need not be included on billboards within thirty miles of the\ngaming facility.\n  3. Each advertisement shall, clearly and conspicuously, state a\nproblem gambling hotline number.\n  4. Each direct advertisement shall, clearly and conspicuously,\ndescribe a method or methods by which an individual may designate that\nthe individual does not wish to receive any future direct advertisement.\n  (a) The described method must be by at least two of the following:\n  (1) Telephone;\n  (2) Regular U.S. mail; or\n  (3) Electronic mail.\n  (b) Upon receipt of an individual's request to discontinue receipt of\nfuture advertisement, a gaming facility licensee or applicant shall\nblock the individual in the gaming facility licensee's database so as to\nprevent the individual from receiving future direct advertisements\nwithin fifteen days of receipt of the request.\n  5. Each gaming facility licensee or applicant shall provide to the\ncommission at its main office a complete and accurate copy of all\nadvertisements within five business days of the advertisement's public\ndissemination. Gaming facility licensees or applicants shall discontinue\nthe public dissemination upon receipt of notice from the commission to\ndiscontinue an advertisement.\n  6. A gaming facility licensee or applicant shall maintain a complete\nrecord of all advertisements for a period of at least two years. Records\nshall be made available to the commission upon request.\n
N.Y. VAT Law § 1270 — New York Code / Act VAT / Title 7 / Article 34-C / Section 1270
Effect of regulations
Status: in_force

§ 1270. Effect of regulations. 1. The parent of any child and the\nguardian of any ward shall not authorize or knowingly permit any such\nchild or ward to violate any of the provisions of this article.\n  2. These regulations applicable to electric personal assistive\nmobility devices shall apply whenever an electric personal assistive\nmobility device, pursuant to section twelve hundred seventy-one of this\narticle, is operated upon any highway, upon private roads open to public\nmotor vehicle traffic, upon any designated bicycle or in-line skate\nlane.  Additionally, if the governing body of any county not wholly\nincluded within a city, city with a population of less than one million,\ntown or village which authorizes the use of electric personal assistive\nmobility devices upon any place not specifically authorized by this\narticle, such as sidewalks these regulations shall be applicable\nthereon.\n
N.Y. VAT Law § 1252 — New York Code / Act VAT / Title 7 / Article 34-A / Section 1252
Operating motorcycles on roadways laned for traffic
Status: in_force

§ 1252. Operating motorcycles on roadways laned for traffic. (a) All\nmotorcycles are entitled to full use of a lane and no motor vehicle or\nmotorcycle shall be driven in such a manner as to deprive any motorcycle\nof the full use of a lane. However, this subsection shall not be\nconstrued to prevent motorcycles from being operated two abreast in a\nsingle lane.\n  (b) The operator of a motorcycle shall not overtake and pass in the\nsame lane occupied by the vehicle being overtaken.\n  (c) No person shall operate a motorcycle between lanes of traffic or\nbetween adjacent lines or rows of vehicles.\n  (d) Motorcycles shall not be operated more than two abreast in a\nsingle lane.\n  (e) Subsections (b) and (c) shall not apply to police officers in the\nperformance of their official duties.\n
N.Y. GOB Law § 15-701 — New York Code / Act GOB / Article 15 / Title 7 / Section 15-701
Surety not discharged by failure or refusal by creditor to sue principal debtor
Status: in_force

§ 15-701. Surety not discharged by failure or refusal by creditor to\nsue principal debtor. Unless otherwise agreed between the parties in\nwriting, the failure or refusal by a creditor, after a demand by a\nperson bound as surety, to bring an action against a principal debtor\nupon a contract hereafter made or an obligation hereafter created for\nthe payment of money or the performance of any act shall not discharge\nsuch surety.\n
N.Y. LAB Law § 601 — New York Code / Act LAB / Article 18 / Title 7 / Section 601
Extended benefits
Status: in_force

§ 601. Extended benefits. 1. Definitions. For the purposes of this\nsection:\n  (a) (1) There shall be a "state 'on' indicator" for a week if, as\ndetermined by the commissioner in accordance with the regulations of the\nsecretary of labor of the United States, the rate of insured\nunemployment for the period consisting of such week and the preceding\ntwelve weeks\n  (i) equaled or exceeded five per centum and\n  (ii) equaled or exceeded one hundred and twenty per centum of the\naverage of such rates for the corresponding thirteen-week periods ending\nin each of the preceding two calendar years; or\n  (iii) for weeks of unemployment beginning on or after February first,\ntwo thousand nine until the week ending three weeks prior to the last\nweek for which one hundred percent federal sharing is authorized by\nsection 2005(a) of Public Law 111-5, or for weeks of unemployment ending\nthree weeks prior to the last week for which Congress, pursuant to any\nfuture amendment of the Federal State Extended Compensation Act of 1970,\nhas authorized one hundred percent federal sharing, which meet the\nfollowing:\n  (A) the average rate of total unemployment (seasonably adjusted), as\ndetermined by the United States secretary of labor, for the period\nconsisting of the most recent three months for which data for all states\nare published before the close of such week equals or exceeds six and\none-half percent, and\n  (B) the average rate of total unemployment in the state (seasonably\nadjusted), as determined by the United States secretary of labor, for\nthe three-month period referred to in item (A) of this clause, equals or\nexceeds one hundred ten percent of the average for either or both of the\ncorresponding three-month periods ending in the two preceding calendar\nyears; or\n  (iv) for any period of high unemployment which shall otherwise meet\nall of the provisions of clause (iii) of this subparagraph, except that\n"eight percent" is substituted for "six and one-half percent" in item\n(A) of clause (iii) of this subparagraph.\n  (2) There shall be a "state 'off' indicator" for a week only, if for\nthe period consisting of such week and the immediately preceding twelve\nweeks, none of the options specified in subparagraph one of this\nparagraph result in an "on" indicator. Notwithstanding any provision of\nthis article, there shall be a "state 'off' indicator" with respect to\nclauses (iii) and (iv) of subparagraph one of this paragraph for the\nweek ending three weeks prior to the last week for which one hundred\npercent federal sharing is authorized by section 2005(a) of Public Law\n111-5 or for the week ending three weeks prior to the last week for\nwhich Congress, pursuant to any future amendment of the Federal State\nExtended Compensation Act of 1970, has authorized one hundred percent\nfederal sharing.\n  (3) "Rate of insured unemployment" means for the purposes of this\nparagraph the percentage obtained upon dividing the average weekly\nnumber of persons filing claims for regular benefits in this state for\nunemployment with respect to the most recent thirteen consecutive week\nperiod, as determined by the commissioner on the basis of his or her\nreports to the secretary of labor of the United States, by the average\nmonthly employment subject to this article for the first four of the\nlast six calendar quarters ending before the end of such period.\nComputations required hereunder shall be made in accordance with\nregulations prescribed by the secretary of labor of the United States.\n  (4) "Rate of total unemployment" means, for the purposes of this\nparagraph, the average percentage obtained by dividing the total number\nof unemployed residents of the state for the most recent three\nconsecutive months, as determined by the United States Bureau of Labor\nStatistics, by the total civilian labor force of the state for the same\nthree-month period, also as determined by the United States Bureau of\nLabor Statistics. Computations required hereunder shall be made in\naccordance with regulations prescribed by the secretary of labor of the\nUnited States.\n  (5) Notwithstanding the provisions of subparagraphs one and two of\nthis paragraph, with respect to compensation for weeks of unemployment\nbeginning after January thirty-first, two thousand eleven, and ending on\nor before the expiration dates set forth in Public Law 111-312:\n  There shall be a "state 'on' indicator" for a week if, as determined\nby the commissioner in accordance with the regulations of the secretary\nof labor of the United States, the rate of insured unemployment for the\nperiod consisting of such week and the preceding twelve weeks\n  (i) equaled or exceeded five percentum and\n  (ii) equaled or exceeded one hundred twenty per centum of the average\nof such rates for the corresponding thirteen-week periods ending in each\nof the preceding three calendar years; or\n  (iii) for weeks of unemployment beginning on or after February first,\ntwo thousand nine until the week ending three weeks prior to the last\nweek for which one hundred percent federal sharing is authorized by\nsection 2005(a) of Public Law 111-5, or for weeks of unemployment ending\nthree weeks prior to the last week for which Congress, pursuant to any\nfuture amendment of the Federal State Extended Compensation Act of 1970,\nhas authorized one hundred percent federal sharing, which meet the\nfollowing:\n  (A) the average rate of total unemployment (seasonably adjusted), as\ndetermined by the United States Secretary of Labor, for the period\nconsisting of the most recent three months for which data for all states\nare published before the close of such week equals or exceeds six and\none-half percent, and\n  (B) the average rate of total unemployment in the state (seasonably\nadjusted), as determined by the United States secretary of labor, for\nthe three-month period referred to in item (A) of this clause, equals or\nexceeds one hundred ten percent of the average for any or all of the\ncorresponding three-months periods ending in the three preceding\ncalendar years.\n  (b) "Extended benefit period" means a period\n  (1) beginning with the third week after the first week for which there\nis a state "on" indicator, except that it may not begin before the\nfourteenth week after the end of a prior extended benefit period, and\n  (2) ending with the third week after the first week for which there is\na state "off" indicator, except that the duration of such period shall\nin no event be less than thirteen weeks.\n  (c) "Eligibility period" of a claimant means the period consisting of\nthe weeks in his or her benefit year which begin in an extended benefit\nperiod and, if his or her benefit year ends within such extended benefit\nperiod, any weeks thereafter which begin in such period. Notwithstanding\nany provision of this article, a claimant's eligibility period shall\ninclude any alternative eligibility period provided for in section\n2005(b) of Public Law 111-5 or other federal law.\n  (d) "Extended benefits" means benefits, including benefits payable to\nfederal civilian employees and to ex-servicemen pursuant to 5 U.S.C.\nchapter 85, payable to a claimant under the provisions of this section\nfor unemployment in his or her eligibility period.\n  (e) "Regular benefits" means benefits payable to a claimant under this\narticle or under any other State unemployment insurance law, including\nbenefits payable to federal civilian employees and to ex-servicemen\npursuant to 5 U.S.C. chapter 85, other than extended benefits.\n  2. Eligibility conditions.  Extended benefits shall be payable to a\nclaimant for effective weeks occurring within an eligibility period,\nprovided the claimant\n  (a) has exhausted his or her rights to regular benefits under this\narticle in his or her current benefit year or, his or her benefit year\nhaving expired prior to such week, he or she does not have the required\nweeks of employment or earnings to establish a new benefit year, and he\nor she has no rights to benefits under the unemployment insurance law of\nany other state;\n  (b) has no rights to unemployment benefits or allowances under the\nrailroad unemployment insurance act, the trade expansion act of nineteen\nhundred sixty-two, the automotive products trade act of nineteen hundred\nsixty-five, or such other federal laws as are specified in regulations\nissued by the secretary of labor of the United States;\n  (c) has not received and is not seeking unemployment benefits under\nthe unemployment compensation law of the Virgin Islands or of Canada\nunless, if he or she is seeking such benefits, the appropriate agency\nfinally determines that he or she is not entitled to benefits under such\nlaw;\n  (d) has satisfied the conditions of this article, required to render a\nclaimant eligible for regular benefits, which are applicable to extended\nbenefits, including not being subject to a disqualification or\nsuspension, or has satisfied the conditions of this article required to\nrender a claimant eligible to participate in the self-employment\nassistance program pursuant to section five hundred ninety-one-a of this\ntitle and the Federal-State Extended Unemployment Compensation Act of\n1970;\n  (e) is not claiming benefits pursuant to an interstate claim filed\nunder the interstate benefit payment plan in a state where an extended\nbenefit period is not in effect, except that this condition shall not\napply with respect to the first two effective weeks for which extended\nbenefits shall otherwise be payable pursuant to an interstate claim\nfiled under the interstate benefit payment plan; and\n  (f) in his or her base period has remuneration of one and one-half\ntimes the high calendar quarter earnings in accordance with section five\nhundred twenty-seven of this article.\n  3. Extended benefit amounts; rate and duration. Extended benefits\nshall be paid to a claimant\n  (a) at a rate equal to his or her rate for regular benefits during his\nor her applicable benefit year but\n  (b) for not more than fifty percentum of the total maximum amount of\nregular benefits payable in such benefit year, and\n  (c) if a claimant's benefit year ends within an extended benefit\nperiod, the remaining balance of extended benefits to which he or she\nwould be entitled, if any, shall be reduced by the amount of benefits\nfor which he or she was entitled to receive trade readjustment\nallowances under the federal trade act of nineteen hundred seventy-four\nduring such benefit year, and\n  (d) for periods of high unemployment for not more than eighty\neffective days with respect to the applicable benefit year with a total\nmaximum amount equal to eighty percent of the total maximum amount of\nregular benefits payable in such benefit year.\n  4. Charging of extended benefits. The provisions of paragraph (e) of\nsubdivision one of section five hundred eighty-one of this article shall\napply to benefits paid pursuant to the provisions of this section, and\nif they were paid for effective weeks following the end of a benefit\nyear, they shall be deemed paid with respect to that benefit year.\nHowever, except for governmental entities as defined in section five\nhundred sixty-five and Indian tribes as defined in section five hundred\nsixty-six of this article, only one-half of the amount of such benefits\nshall be debited to the employers' account; the remainder thereof shall\nbe debited to the general account, and such account shall be credited\nwith the amount of payments received in the fund pursuant to the\nprovisions of the federal-state extended unemployment compensation act.\nNotwithstanding the foregoing, where the state has entered an extended\nbenefit period triggered pursuant to subparagraph one of paragraph (a)\nof subdivision one of this section for which federal law provides for\none hundred percent federal sharing of the costs of benefits, all\ncharges shall be debited to the general account and such account shall\nbe credited with the amount of payments received in the fund pursuant to\nthe provisions of the federal-state extended unemployment compensation\nact or other federal law providing for one hundred percent federal\nsharing for the cost of such benefits.\n  5. Applicability of other provisions. (a) Unless inconsistent with the\nprovisions of this section, all provisions of this article shall apply\nto extended benefits in the same manner as they apply to regular\nbenefits.\n  (b) No weeks of total unemployment or partial unemployment shall be\ndeemed to occur within an eligibility period during which a claimant\nfails to accept any offer of suitable work or fails to apply for\nsuitable work to which he or she was referred by the commissioner, who\nshall make such referral if such work is available, or during which he\nor she fails to engage actively in seeking work by making a systematic\nand sustained effort to obtain work and providing tangible evidence of\nsuch effort, and until he or she has worked in employment during at\nleast four subsequent weeks and earned remuneration of at least four\ntimes his or her benefit rate.\n  (c) For purposes of this subdivision, "suitable work" means any\nemployment which is within the claimant's capabilities, but if he or she\nfurnishes evidence that his or her prospects for obtaining work in his\nor her customary occupation within a reasonably short period are good,\nthe provisions of subdivision two of section five hundred ninety-three\nof this article shall apply instead of the provisions hereof.\n  (d) Notwithstanding the foregoing, a claimant shall not be\ndisqualified for a failure to accept an offer of or apply for suitable\nwork if\n  (i) the gross average weekly remuneration payable for the employment\ndoes not exceed the claimant's benefit rate plus the amount of any\nsupplemental unemployment compensation benefits (as defined in section\nfive hundred one (c) (17) (D) of the internal revenue code of nineteen\nhundred fifty-four) payable to the claimant for such week; or\n  (ii) the employment was not offered to the claimant in writing and was\nnot listed with the department; or\n  (iii) such failure would not result in denial of regular benefits, to\nthe extent that the provisions of this article for payment of regular\nbenefits are not inconsistent with the provisions of this subdivision;\nor\n  (iv) the employment pays wages less than the higher of the minimum\nwage provided by section six (a) (1) of the fair labor standards act of\nnineteen hundred thirty-eight, without regard to any exemption, or the\nminimum wage provided under this chapter; or\n  (v) the claimant is in approved training pursuant to section five\nhundred ninety-nine of this title.\n  (e) No weeks of total unemployment or partial unemployment shall be\ndeemed to occur within an eligibility period under section five hundred\nninety-three of this article, until he or she has subsequently worked in\nemployment in accordance with the requirements set forth in section five\nhundred ninety-three of this article.\n  6. Suspension of condition for state indicators. The governor, by\nexecutive order, upon advice by the commissioner and the commissioner of\neconomic development may for a period specified in the order suspend the\napplicability of the provisions of clause (ii) of subparagraph one of\nparagraph (a) of subdivision one of this section, or of the reference to\nsuch subparagraph one in subparagraph two of such paragraph, or of both,\nif he or she finds that such suspension is required in order to assure\nadequate payment of benefits to unemployed workers in the state who are\nexperiencing unemployment for an extended duration, provided the rate of\ninsured unemployment for the applicable period equals or exceeds six per\ncentum and such suspension is not in conflict with the provisions of the\nfederal-state extended unemployment compensation act. The governor may\nat any time prolong or shorten the period specified in such order.\n
N.Y. VAT Law § 1228 — New York Code / Act VAT / Title 7 / Article 33 / Section 1228
Riding in house coach trailers
Status: in_force

§ 1228. Riding in house coach trailers. No person shall drive a\nvehicle on a public highway while drawing a house coach trailer occupied\nby any person and no person shall occupy a house coach trailer while it\nis being drawn upon a public highway.\n
N.Y. VAT Law § 1238 — New York Code / Act VAT / Title 7 / Article 34 / Section 1238
Passengers on bicycles under one year of age prohibited; passengers and operators under fourteen years of age to wear protective headgear...
Status: in_force

§ 1238. Passengers on bicycles under one year of age prohibited;\npassengers and operators under fourteen years of age to wear protective\nheadgear; operators of class three bicycles with electric assist to wear\nprotective headgear. 1. No person operating a bicycle shall allow a\nperson who is under one year of age to ride as a passenger on a bicycle\nnor shall such person be carried in a pack fastened to the operator. A\nfirst violation of the provisions of this subdivision shall result in no\nfine. A second violation shall result in a civil fine not to exceed\nfifty dollars.\n  2. No person operating a bicycle shall allow a person one or more\nyears of age and less than five years of age to ride as a passenger on a\nbicycle unless:\n  (a) such passenger is wearing a helmet meeting standards established\nby the commissioner. For the purposes of this subdivision wearing a\nhelmet means having a helmet of good fit fastened securely upon the head\nwith the helmet straps; and\n  (b) such passenger is placed in a separate seat attached to the\nbicycle and such seat shall have adequate provision for retaining the\npassenger in place and for protecting the passenger from the moving\nparts of the bicycle.\n  2-a. The commissioner shall promulgate rules and regulations\nestablishing standards for helmets required to be worn while bicycling,\nin-line skating, or operating a skate board. Such standards, to the\nextent practicable, shall reflect the standards recommended by the Snell\nMemorial Foundation, Safety Equipment Institute, or United States\nConsumer Product Safety Commission.\n  3. Any person who violates the provisions of subdivision two of this\nsection shall pay a civil fine not to exceed fifty dollars.\n  4. The court shall waive any fine for which a person who violates the\nprovisions of paragraph (a) of subdivision two of this section would be\nliable if such person supplies the court with proof that between the\ndate of violation and the appearance date for such violation such person\npurchased or rented a helmet, which meets the requirements of paragraph\n(a) of subdivision two of this section. Further, the court shall waive\nany fine for which a person who violates the provisions of paragraph (b)\nof subdivision two of this section would be liable if such person\nsupplies the court with proof that between the date of violation and the\nappearance date for such violation such person purchased or rented a\nseat which meets the requirements of paragraph (b) of subdivision two of\nthis section. The court may waive any fine for which a person who\nviolates the provisions of subdivision two of this section would be\nliable if the court finds that due to reasons of economic hardship such\nperson was unable to purchase a helmet or seat. Such waiver of fine\nshall not apply to a second or subsequent conviction under paragraph (a)\nor (b) of subdivision two of this section.\n  5. (a) No person operating a bicycle shall allow a person five or more\nyears of age and less than fourteen years of age to ride as a passenger\non a bicycle unless such passenger is wearing a helmet meeting standards\nestablished by the commissioner.\n  (b) No person, one or more years of age and less than fourteen years\nof age, shall operate a bicycle unless such person is wearing a helmet\nmeeting standards established by the commissioner.\n  (c) For the purposes of this subdivision wearing a helmet means having\na helmet of good fit fastened securely upon the head with the helmet\nstraps.\n  5-a. No person, one or more years of age and less than fourteen years\nof age, shall skate or glide on in-line skates or a skate board unless\nsuch person is wearing a helmet meeting standards established by the\ncommissioner. For the purposes of this subdivision, wearing a helmet\nmeans having a helmet of good fit fastened securely on the head of such\nwearer with the helmet straps securely fastened.\n  5-b. No person less than fourteen years of age shall ride upon, propel\nor otherwise operate a two-wheeled vehicle commonly called a scooter\nunless such person is wearing a helmet meeting standards established by\nthe commissioner. As used in this subdivision, wearing a helmet means\nhaving a properly fitting helmet fixed securely on the head of such\nwearer with the helmet straps securely fastened.\n  5-c. No person shall ride upon, propel or otherwise operate a class\nthree bicycle with electric assist unless such person is wearing a\nhelmet meeting standards established by the commissioner. For the\npurposes of this subdivision, wearing a helmet means having a properly\nfitting helmet fixed securely on the head of such wearer with the helmet\nstraps securely fastened.\n  6. (a) Any person who violates the provisions of subdivision five,\nfive-a, five-b or five-c of this section shall pay a civil fine not to\nexceed fifty dollars.\n  (b) The court shall waive any fine for which a person who violates the\nprovisions of subdivision five or subdivision five-c of this section\nwould be liable if such person supplies the court with proof that\nbetween the date of violation and the appearance date for such violation\nsuch person purchased or rented a helmet.\n  (c) The court may waive any fine for which a person who violates the\nprovisions of subdivision five, five-a, five-b, or five-c of this\nsection would be liable if the court finds that due to reasons of\neconomic hardship such person was unable to purchase a helmet or due to\nsuch economic hardship such person was unable to obtain a helmet from\nthe statewide in-line skate and bicycle helmet distribution program, as\nestablished in section two hundred six of the public health law, or a\nlocal distribution program. Such waiver of a fine shall not apply to a\nsecond or subsequent violation of subdivision five-c of this section.\n  7. The failure of any person to comply with the provisions of this\nsection shall not constitute contributory negligence or assumption of\nrisk, and shall not in any way bar, preclude or foreclose an action for\npersonal injury or wrongful death by or on behalf of such person, nor in\nany way diminish or reduce the damages recoverable in any such action.\n  8. (a) A police officer shall only issue a summons for a violation of\nsubdivision two, five, or five-a of this section by a person less than\nfourteen years of age to the parent or guardian of such person if the\nviolation by such person occurs in the presence of such person's parent\nor guardian and where such parent or guardian is eighteen years of age\nor more. Such summons shall only be issued to such parent or guardian,\nand shall not be issued to the person less than fourteen years of age.\n  (b) A police officer shall only issue a summons for a violation of\nsubdivision five-c of this section by a person less than sixteen years\nof age to the parent or guardian of such person if the violation by such\nperson occurs in the presence of such person's parent or guardian and\nwhere such parent or guardian is eighteen years of age or more. Such\nsummons shall only be issued to such parent or guardian, and shall not\nbe issued to the person less than sixteen years of age.\n  9. Subdivisions five, five-a, five-b, and six of this section shall\nnot be applicable to any county, city, town or village that has enacted\na local law or ordinance prior to the effective date of this subdivision\nthat prohibits a person who is one or more years of age and less than\nfourteen years of age from operating a bicycle or skating or gliding on\nin-line skates or a skate board without wearing a bicycle helmet meeting\nthe standards of the American National Standards Institute (Ansi Z 90.4\nbicycle helmet standards), the Snell Memorial Foundation's Standards for\nProtective Headgear for use in Bicycling, or the American Society of\nTesting and Materials (ASTM) bike helmet standards, or that prohibits a\nperson operating a bicycle from allowing a person five or more years of\nage and less than fourteen years of age to ride as a passenger on a\nbicycle unless such passenger is wearing a bicycle helmet that meets\nsuch standards. The failure of any person to comply with any such local\nlaw or ordinance shall not constitute contributory negligence or\nassumption of risk, and shall not in any way bar, preclude or foreclose\nan action for personal injury or wrongful death by or on behalf of such\nperson, nor in any way diminish or reduce the damages recoverable in any\nsuch action. The legislative body of a county, city, town or village may\nenact a local law or ordinance that prohibits a person who is fourteen\nor more years of age from skating or gliding on in-line skates,\noperating a skate board, or operating or riding as a passenger on a\nbicycle without wearing a bicycle helmet.\n  10. No person shall skate or glide on in-line skates or a skate board\noutside during the period of time between one-half hour after sunset and\none-half hour before sunrise unless such person is wearing readily\nvisible reflective clothing or material which is of a light or bright\ncolor.\n
N.Y. LFN Law § 90.10 — New York Code / Act LFN / Article 2 / Title 7 / Section 90.10
Advance refunding of certain bonds
Status: in_force

§ 90.10 Advance refunding of certain bonds. a. As used in this\nsection:\n  1. The term "escrow contract" shall mean a contract entered into by\nand between a municipality, school district or district corporation and\na bank or trust company pursuant to paragraph i of this section.\n  2. The term "escrow holder" shall mean the bank or trust company\ndesignated as such pursuant to an escrow contract.\n  3. The term "refunding financial plan" shall mean the financial plan\nfor a refunding as set forth in the refunding bond resolution relating\nthereto.\n  4. The term "refunding bonds" shall mean refunding bonds authorized\npursuant to this section.\n  5. The term "refunding bond resolution" shall mean a resolution\nauthorizing the issuance of refunding bonds adopted pursuant to\nparagraph e of this section.\n  b. 1. A municipality, school district or district corporation may\nissue serial bonds to refund all or any portion of an issue of\noutstanding serial bonds issued on or after January first, nineteen\nhundred seventy, and, in addition, a municipality or school district may\nissue serial bonds or serial bonds to refund all or any portion of an\nissue of outstanding sinking fund bonds or sinking fund bonds issued on\nor after December fifteenth, nineteen hundred eighty-one and may issue\nsinking fund bonds to refund all or any portion of an issue of\noutstanding serial bonds or sinking fund bonds, in the manner and\nsubject to the limitations and conditions set forth in this section. The\nprincipal amount of refunding bonds shall not exceed an amount\nsufficient to pay the sum of (a) the principal amount of the bonds to be\nrefunded, which is outstanding as of the date of issue of the refunding\nbonds, (b) the aggregate amount of unmatured interest payable on the\nbonds to be refunded to and including either the date or dates such\nbonds mature or, if such bonds are to be called for redemption prior to\ntheir maturities, the date or dates set for such redemption in\naccordance with the refunding financial plan, (c) redemption premiums,\nif any, payable on the bonds to be refunded as of such redemption date\nor dates, and (d) costs and expenses incidental to the issuance of the\nrefunding bonds, including the development of the refunding financial\nplan, and of executing and performing the terms and conditions of the\nescrow contract and all fees and charges of the escrow holder. In the\nevent a municipality or school district issues bonds to refund sinking\nfund bonds, and such refunding has the effect of permitting the\nmunicipality or school district to withdraw assets from a sinking fund\nestablished for such refunded bonds, then such assets shall be used to\npay principal and interest on either such refunded bonds or other bonds\nof such municipality or school district.\n  2. * (a) Refunding bonds shall be issued only in the event that the\npresent value of the total payments of both principal and interest to\nbecome due on the refunding bonds, and deducting any accrued interest or\npremium received by the issuer and not used to pay the principal of or\ninterest on the bonds to be refunded or costs of issuance of the\nrefunding bonds, excluding all such principal and interest payments to\nbe made from income received as a result of the investment of the\nproceeds from the sale of the refunding bonds, shall be less than the\npresent value of the principal and interest payments to become due at\ntheir stated maturities on the principal amount of bonds to be refunded\nwhich are outstanding as of the date of the issue of the refunding bonds\nafter deducting therefrom all costs and expenses incidental to the\nissuance of the refunding bonds, including the development of the\nrefunding financial plan, and of executing and performing the terms and\nconditions of the escrow contract and all fees and charges of the escrow\nholder, but only to the extent such costs and expenses are not paid from\nthe proceeds of the refunding bonds. The present value of debt service\npayments pursuant to the foregoing provisions of this subdivision shall\nbe computed by discounting the principal and interest payments on both\nthe refunding bonds and the bonds to be refunded from the respective\nmaturities thereof to the date of issue of the refunding bonds at a rate\nequal to the effective interest cost of the refunding bonds. The\neffective interest cost of the refunding bonds shall be that rate which\nis arrived at by doubling the semi-annual interest rate (compounded\nsemi-annually) necessary to discount the debt service payments on the\nrefunding bonds from the maturity dates thereof to the date of issue of\nthe refunding bonds and to the bona fide initial public offering price\nincluding estimated accrued interest, or, if there is no public\noffering, to the price bid including estimated accrued interest. In the\ncase of the city of New York, notwithstanding any other provision of law\nto the contrary, for purposes of calculating the present value of debt\nservice and calculating savings in connection with the issuance of\nrefunding bonds, (i) the effective interest rate and debt service\npayable on variable rate bonds in connection with which, and to the\nextent that, the city of New York has entered into an interest rate\nexchange or similar agreement pursuant to which such city makes payments\nbased on a fixed rate and receives payments based on a variable rate\nthat shall be found by the finance board of such city to be equivalent\nover time to the variable rate paid on the related variable rate bonds,\nshall be calculated assuming that the rate of interest on such variable\nrate bonds is the fixed rate payable by such city on such interest rate\nexchange or similar agreement for the scheduled term of such agreement;\n(ii) the effective interest rate and debt service on variable rate bonds\nin connection with which, and to the extent that, the city of New York\nhas not entered into such an interest rate exchange or similar agreement\nshall be calculated assuming that interest on such variable interest\nrate bonds is payable at a rate or rates as shall be found by the\nfinance board of such city; (iii) the effective interest rate and debt\nservice on any bonds subject to optional or mandatory tender shall be\ncalculated assuming that such bonds are remarketed following any such\ntender at a rate or rates as shall be found by the finance board of the\ncity of New York; and (iv) otherwise, the effective interest rate and\ndebt service on any bonds shall be calculated at a rate or rates\ndetermined by the finance board of the city of New York. Notwithstanding\nany other provision of law to the contrary, in the case of the city of\nNew York, for calculating the present value of debt service and\ncalculating savings in connection with the issuance of refunding bonds,\nthe refunding of variable rate debt instruments with new variable rate\ndebt instruments shall be excluded from any such requirements, if so\ndetermined by the finance board of such city.\n  * NB Effective until July 15, 2027\n  * (a) Refunding bonds shall be issued only in the event that the\npresent value of the total payments of both principal and interest to\nbecome due on the refunding bonds, and deducting any accrued interest or\npremium received by the issuer and not used to pay the principal of or\ninterest on the bonds to be refunded or costs of issuance of the\nrefunding bonds, excluding all such principal and interest payments to\nbe made from income received as a result of the investment of the\nproceeds from the sale of the refunding bonds, shall be less than the\npresent value of the principal and interest payments to become due at\ntheir stated maturities on the principal amount of bonds to be refunded\nwhich are outstanding as of the date of the issue of the refunding bonds\nafter deducting therefrom all costs and expenses incidental to the\nissuance of the refunding bonds, including the development of the\nrefunding financial plan, and of executing and performing the terms and\nconditions of the escrow contract and all fees and charges of the escrow\nholder, but only to the extent such costs and expenses are not paid from\nthe proceeds of the refunding bonds. The present value of debt service\npayments pursuant to the foregoing provisions of this subdivision shall\nbe computed by discounting the principal and interest payments on both\nthe refunding bonds and the bonds to be refunded from the respective\nmaturities thereof to the date of issue of the refunding bonds at a rate\nequal to the effective interest cost of the refunding bonds. The\neffective interest cost of the refunding bonds shall be that rate which\nis arrived at by doubling the semi-annual interest rate (compounded\nsemi-annually) necessary to discount the debt service payments on the\nrefunding bonds from the maturity dates thereof to the date of issue of\nthe refunding bonds and to the bona fide initial public offering price\nincluding estimated accrued interest, or, if there is no public\noffering, to the price bid including estimated accrued interest.\n  * NB Effective July 15, 2027\n  (b) Notwithstanding the provisions of subparagraph (a) of this\nsubdivision, the city of New York may also issue refunding bonds (i) if\nthe bond to be refunded contains a covenant referring to the existence\nof the New York state emergency financial control board for the city of\nNew York or any other covenant relating to matters other than the prompt\npayment of principal and interest on the obligation when due, and the\nrefunding bond omits or modifies any such covenant or (ii) if the bond\nto be refunded is guaranteed by the federal government.\n  (c) Notwithstanding the provisions of subparagraph (a) of this\nsubdivision, in the case of refunding bonds sold to the New York state\nenvironmental facilities corporation and purchased for deposit in the\nwater pollution control revolving fund established pursuant to section\ntwelve hundred eighty-five-j of the public authorities law and for which\nan allocation has been established pursuant to section 17-1909 of the\nenvironmental conservation law, the present value of the projected total\nallocation payable to the issuer of the refunding bonds or available to\nmake principal and interest payments on the refunding bonds shall be\nsubtracted from the present value of the total payments of the principal\nand interest to become due on the refunding bonds in determining the\npresent value savings attributable to the issuance of such refunding\nbonds pursuant to subparagraph (a) of this subdivision.\n  (d) Notwithstanding the provisions of subparagraph (a) of this\nsubdivision, in the case of refunding bonds sold to the New York state\nenvironmental facilities corporation and purchased for deposit in the\ndrinking water revolving fund established pursuant to section twelve\nhundred eighty-five-m of the public authorities law and for which an\nallocation has been established pursuant to section eleven hundred\nsixty-two of the public health law, the present value of the projected\ntotal allocation payable to the issuer of the refunding bonds or\navailable to make principal and interest payments on the refunding bonds\nshall be subtracted from the present value of the total payments of the\nprincipal and interest to become due on the refunding bonds in\ndetermining the present value savings attributable to the issuance of\nsuch refunding bonds pursuant to subparagraph (a) of this subdivision.\n  (e) Notwithstanding the provisions of subparagraph (a) of this\nsubdivision, a school district may also issue refunding bonds to refund\nbonds if the bonds were issued by a school district prior to December\nfirst two thousand one, or prior to thirty days after the effective date\nof this subdivision, whichever is later, for the purpose of financing\nfacilities that were eligible for building aid pursuant to subdivision\nsix of section thirty-six hundred two of the education law, and for\nwhich the aid apportionment payable in the two thousand two--two\nthousand three and two thousand three--two thousand four school years\nfor approved expenditures for debt service are subsequently reduced as a\nresult of the application of assumed amortization to unpaid principal\noutstanding as of July first, two thousand two.\n  3. Refunding bonds may be issued at any time subsequent to the\nissuance of the bonds to be refunded.\n  c. 1. The last installment of each separate series of refunding serial\nbonds, and the maturity date of any refunding sinking fund bonds, shall\noccur not later than the expiration of the maximum period of probable\nusefulness permitted by law at the time of the issuance of the refunding\nbonds or the bonds to be refunded for the object or purpose for which\nsuch bonds to be refunded were issued, or in the alternative, the\nweighted average remaining period of probable usefulness of the objects\nor purposes (or classes of objects or purposes) financed with each\nseries of bonds to be refunded or the weighted average remaining period\nof probable usefulness of all objects or purposes (or classes of objects\nor purposes) financed with all of the bonds to be refunded. Such period\nshall be computed from the date of issuance of such bonds to be refunded\nor from the date of the first bond anticipation note issued in\nanticipation thereof, whichever date is the earlier.\n  2. The first installment of each separate series of refunding bonds\nshall mature not later than the date of the first stated maturity of the\nbonds to be refunded next following the date of issue of the refunding\nbonds. When the finance board has determined to provide for a\nsubstantially level or declining annual debt service schedule for the\nrefunding bonds, as provided in subdivision three of this paragraph, the\ndetermination of whether annual debt service is substantially level or\ndeclining shall not take into account the year which includes the first\nprincipal installment of the refunding bonds, provided that the first\nprincipal installment, when added to the amount of interest payable\nwithin one year of its accrual that would accrue on the entire refunding\ndebt or series of refunding bonds in one calendar year, shall be no more\nthan five percent less than the greatest aggregate amount of debt\nservice due in any other year.\n  3. No annual installment of each separate series of refunding bonds\nshall be more than fifty per centum in excess of the smallest prior\ninstallment unless the finance board of the municipality, school\ndistrict or district corporation issuing the bonds has determined to use\na substantially level or declining annual debt service schedule for the\nrefunding bonds. The amounts of annual installments of the refunding\nbonds may be determined without reference to the stated maturities of\nthe bonds to be refunded.\n  4. In the event the bonds to be refunded were separately authorized\nfor different objects or purposes, which separately authorized bonds\nwere consolidated for purposes of sale and sold as a single issue\npursuant to paragraph c of section 57.00 of this chapter, each component\nissue included in such consolidated issue shall be considered as a\nseparate issue for the purposes of the provisions of subdivisions one,\ntwo and four of this paragraph, notwithstanding that the refunding bonds\nare sold as a single issue.\n  5. Refunding bonds may be issued as two or more separate series.\n  d. Bond anticipation notes shall not be issued in anticipation of the\nsale of refunding bonds.\n  e. The issuance of refunding bonds shall be authorized by a "refunding\nbond resolution". Such a resolution shall contain, in substance, at\nleast the following:\n  1. The maximum amount of refunding bonds authorized to be issued\npursuant thereto.\n  2. A determination that such maximum amount of refunding bonds\nauthorized to be issued does not exceed the limitation imposed by\nsubdivision one of paragraph b of this section.\n  3. The amount and a description of the outstanding bonds to be\nrefunded.\n  4. A statement of the maximum period or periods of probable usefulness\npermitted by law at the time of the issuance of the bonds to be refunded\nfor the object or purpose or objects or purposes for which such bonds to\nbe refunded were issued.\n  5. The financial plan for the refunding proposed, showing the sources\nand amounts of all moneys required to accomplish such refunding, and\nexcept where such refunding bonds are issued by the city of New York\npursuant to subparagraph (b) of subdivision two of paragraph b of this\nsection an estimate of the present value of the total debt service\nsavings anticipated, computed in accordance with subparagraph (a) of\nsubdivision two of paragraph b of this section.\n  f. 1. Any refunding bonds issued to refund bonds which are\nadditionally secured by a pledge of any specific moneys pursuant to any\ngeneral or special law, at the option of the finance board, may be\nadditionally secured to the same extent and in the same manner as the\nbonds to be refunded effective upon the date of issue of such refunding\nbonds, subject only to any rights of the holders of such bonds to be\nrefunded.\n  2. Refunding bonds may be sold at either public or private sale, but\nthey shall not be sold on option or on a deferred payment plan,\nprovided, however, that if such bonds are sold at private sale, the\nterms and conditions of such sale shall be approved by the state\ncomptroller. Refunding bonds sold at private sale shall bear interest at\nsuch rate or rates, not exceeding the maximum rate, if any, fixed by\nparagraph b of section 57.00 of this chapter, as may be determined by\nthe finance board. Refunding bonds may be sold at private sale at a\ndiscount in the same manner as authorized by paragraph e of section\n57.00 of this chapter. The cost of such discount, together with other\ncosts of the issuance of obligations, shall be deemed a part of the cost\nof the objects or purposes for which such obligations are issued.\n  g. Except where such refunding bonds are issued by the city of New\nYork pursuant to subparagraph (b) of subdivision two of paragraph b of\nthis section, no refunding bonds shall be issued pursuant to this\nsection unless the chief fiscal officer of the issuer shall have first\nfiled with the finance board a certificate, approved by the state\ncomptroller, which shall be final and conclusive upon all parties,\nsetting forth the present value of the total debt service savings to the\nissuer resulting from the issuance of the refunding bonds computed in\naccordance with the provisions of subparagraph (a) of subdivision two of\nparagraph b of this section, except that the actual amount, rather than\nan estimate, of the amount of accrued interest to be paid on such bonds\nshall be used in determining the effective interest cost thereof. The\ncertificate shall be in the form and shall contain such information as\nshall be prescribed by the state comptroller. The certificate shall not\nbe approved until ten days after the filing of such certificate in the\noffice of the state comptroller.\n  h. 1. Prior to the issuance of refunding bonds, the finance board\nshall adopt a resolution electing to call in and redeem such portion of\nthe bonds to be refunded as is to be called for payment prior to the\ndate of their maturity in accordance with the refunding financial plan.\nThe resolution adopted pursuant to this paragraph shall authorize and\ndirect the escrow holder to cause notice of such call for redemption to\nbe given in the name of the issuer of such refunding bonds in the manner\nand within the times provided by paragraph a of section 53.00 of this\nchapter. If the issuer has no official newspaper, such resolution shall\ndesignate a newspaper having general circulation within the\nmunicipality, school district or district corporation for the purpose of\ngiving such notice.\n  2. Upon the issuance of the refunding bonds, the election to call in\nand redeem the bonds to be refunded and the direction to the escrow\nholder to cause notice thereof to be given contained in the resolution\nadopted pursuant to subdivision one of this paragraph, shall become\nirrevocable, and the provisions of such resolution shall constitute a\ncovenant with the holders of such refunding bonds, provided that such\nresolution may be amended from time to time as may be necessary in order\nto comply with the publication requirements of paragraph a of section\n53.00 of this chapter.\n  i. 1. The finance board, or the chief fiscal officer if the finance\nboard shall delegate such duty to him, prior to the issuance of\nrefunding bonds, shall contract on behalf of the issuer with a bank or\ntrust company located and authorized to do business in this state for\nthe purpose of having such bank or trust company act as the escrow\nholder of the proceeds, inclusive of any premium, from the sale of such\nrefunding bonds, together with all income derived from the investment of\nsuch proceeds, and any other moneys to be provided by such issuer to\neffectuate the refunding financial plan. Each escrow contract shall\ncontain such terms and conditions as shall be necessary in order to\naccomplish the refunding financial plan, including, without limiting the\ngenerality of the foregoing, provisions for the escrow holder without\nfurther authorization or direction from the issuer of the refunding\nbonds, except as otherwise provided therein, (a) to make all required\npayments of principal, interest and redemption premiums to the\nappropriate paying agent with respect to either the bonds to be refunded\nor the refunding bonds, (b) to pay costs and expenses incidental to the\nissuance of the refunding bonds, including the development of the\nrefunding financial plan, and of executing and performing the terms and\nconditions of the escrow contract and all of its fees and charges as the\nescrow holder, (c) at the appropriate time or times to cause to be given\non behalf of such issuer the notice of redemption authorized to be given\npursuant to paragraph h of this section, and (d) to invest the moneys\nheld by it consistent with the provisions of the refunding financial\nplan. Each escrow contract shall be irrevocable and shall constitute a\ncovenant with the holders of the refunding bonds to which it relates.\n  2. The proceeds, inclusive of any premium, from the sale of refunding\nbonds, immediately upon receipt, shall be placed in escrow by the issuer\nwith the escrow holder in accordance with the escrow contract. All\nmoneys held by the escrow holder shall be invested only in direct\nobligations of the United States of America or in obligations the\nprincipal of and interest on which are unconditionally guaranteed by the\nUnited States of America, which obligations shall mature or be subject\nto redemption at the option of the holder thereof not later than the\nrespective dates when such moneys will be required to make payments in\naccordance with the refunding financial plan. Any such moneys remaining\nin the custody of the escrow holder after the full execution of the\nescrow contract shall be returned to the issuer of the refunding bonds\nand shall be applied by such issuer to the payment of the principal of\nor interest on the refunding bonds then outstanding, to the payment of\nany amounts required to be paid to the United States of America in\nconnection with the refunding or to the payment of or reimbursement for\nthe costs of issuance or other administrative costs incurred in\nconnection with the issuance of the refunding bonds.\n  3. That portion of such proceeds from the sale of refunding bonds,\ntogether with interest earned thereon and any moneys on deposit in a\nsinking fund established for the refunded bonds which is applied to the\npayment of the principal and interest on the refunded bonds pursuant to\nsubdivision one of paragraph b of this section, which shall be required\nfor the payment of the principal of and interest on the bonds to be\nrefunded, including any redemption premiums, in accordance with the\nrefunding financial plan, shall be irrevocably committed and pledged to\nsuch purpose and the holders of such bonds to be refunded shall have a\nlien upon such moneys and the investments thereof held by the escrow\nholder. All interest earned from the investment of such moneys not\nrequired for such payments on the bonds to be refunded, shall be\nirrevocably committed and pledged to the payment of the principal of and\ninterest on the refunding bonds, or such portion or series thereof as\nshall be required by the refunding financial plan, and the holders of\nsuch refunding bonds shall have a lien upon such moneys held by the\nescrow holder. The pledges and liens provided for in this subdivision\nshall become valid and binding upon the issuance of the refunding bonds\nand the moneys and investments held by the escrow holder shall\nimmediately be subject thereto without any further act. Such pledges and\nliens shall be valid and binding as against all parties having claims of\nany kind in tort, contract or otherwise against the issuer of the\nrefunding bonds irrespective of whether such parties have notice\nthereof. Neither the refunding bond resolution, the escrow contract, nor\nany other instrument relating to such pledges and liens, need be filed\nor recorded.\n  j. The powers granted by this section to issue refunding bonds shall\nbe deemed to be in addition to the provisions of section 90.00 of this\nchapter, but none of the provisions of section 90.00 shall apply to any\nrefunding bonds issued pursuant to this section. All other provisions of\nthis chapter, not inconsistent with this section, relating to the\nauthorization, estoppel from contesting validity, form and contents,\nexecution and issuance of bonds, other than refunding bonds, shall apply\nto refunding bonds, except that:\n  1. The provisions of section 107.00 of this chapter shall not apply to\nthe issuance of refunding bonds.\n  2. The authorization of the issuance of refunding bonds shall not be\nsubject to a mandatory or permissive referendum.\n  3. Outstanding bonds may, with the consent of the holders thereof, be\nexchanged for refunding bonds (i) if the refunding bonds are to bear\ninterest at a rate equal to or lower than that borne by the bonds to be\nrefunded, or (ii) if, in the case of the city of New York, the annual\npayment required for principal and interest on the refunding bond is\nless than the annual payment required for principal and interest on the\nbond to be refunded, in each case such annual payments to be determined\nby dividing the total principal and interest payments due over the\nremaining life of the bond by the number of years to maturity of the\nbond, or (iii) if, in the case of the city of New York, the bond to be\nrefunded contains a covenant referring to the existence of the New York\nstate emergency financial control board for the city of New York or any\nother covenant relating to matters other than the prompt payment of\nprincipal and interest on the obligation when due, and the refunding\nbond omits or modifies any such covenant, or (iv) if, in the case of the\ncity of New York, the bond to be refunded is guaranteed by the federal\ngovernment.\n  4. All refunding bonds shall contain a recital that they are issued\npursuant to this chapter, which recital shall be conclusive evidence of\ntheir validity and of the regularity of their issuance.\n  k. The authority herein granted to authorize the issuance of refunding\nbonds shall in no way be affected by the invalidity of or any\nirregularity in any proceedings authorizing the issuance of the bonds to\nbe refunded, except that refunding bonds shall not be issued to refund\nbonds adjudged invalid by the final judgment of a court of competent\njurisdiction.\n
N.Y. SOS Law § 432 — New York Code / Act SOS / Article 6 / Title 7 / Section 432
State reimbursement; standards of payment
Status: in_force

§ 432.  State reimbursement; standards of payment.  1.  (a)\nExpenditures made by social services officials for day services programs\nand their administration pursuant to the provisions of this title shall,\nif approved by the department, be subject to reimbursement by the state,\nin accordance with the regulations of the department as follows: there\nshall be paid to each social services district (1) the amount of federal\nfunds, if any, properly received or to be received on account of such\nexpenditures; (2)  fifty per centum of allowable expenditures for day\nservices and its administration, after first deducting therefrom any\nfederal funds properly received or to be received on account thereof and\nthe amount of any fees paid to the social services official for day\nservices.  The local government share of the cost of day services may be\nmet in whole or in part by donated private funds, exclusive of in-kind\nservices.\n  (b)  For purposes of this title, expenditures for administration of\nday services shall include expenditures for compensation of employees in\nconnection with the furnishing of day services, including but not\nlimited to costs incurred for pensions,  federal old age and survivors\ninsurance and health insurance for such employees; training programs for\npersonnel, operation, maintenance and service costs; and such other\nexpenditures as equipment costs, depreciation and charges and rental\nvalues as may be approved by the department.  It shall not include\nexpenditures for capital costs.\n  2.  The department shall, after consultation with appropriate state\nagencies and with the approval of the the director of the budget,\npromulgate regulations establishing standards of payment for day\nservices provided children with public financial support.  Such\nstandards of payment shall include the services required to be provided\nto the child and his family and the cost of such services.  When the\ndepartment has established such standards, reimbursement under this\nsection shall be limited in accordance with such standards.\n  3.  (a)  Claims for state reimbursement shall be made in such form and\nmanner and at such times and for such periods as the department shall\ndetermine.\n  (b)  When certified by the department, state reimbursement shall be\npaid from the state treasury upon the audit and warrant of the\ncomptroller out of funds made available therefor.\n  4.  Payment of state reimbursement shall be made to local fiscal\nofficers as in the case of state reimbursement for public assistance and\ncare under other provisions of this chapter.\n
N.Y. EDN Law § 6002 — New York Code / Act EDN / Title 7 / Article 121 / Section 6002
Objects and purposes
Status: in_force

§ 6002. Objects and purposes.  The college shall have as its objects\nand purposes: 1. Teaching in the science and practice of environmental\nscience and forestry in its several branches including landscape\narchitecture; environmental design; environmental and resource\nengineering; environmental and resource management; wildlife studies;\nbiology, chemistry, ecology; the manufacture and marketing of forest\nproducts; and the technologies appropriate to these branches of\nenvironmental science and forestry.\n  2. The conduct of research, investigation, and experimentation\nrelating to such studies wherever appropriate, including suburban or\nurban areas, and in commercial or industrial facilities.\n  3. The conduct of experiments in forest and related resource\ndevelopment and management for public, commercial, recreational and\naesthetic purposes, and, generally the giving of popular instruction and\ninformation concerning the elements of environmental science and\nforestry.\n  4. The operation of demonstration and public service programs with a\nview to acquiring, transmitting, and applying knowledge concerning the\nscientific management and use of forest and related natural resources\nfor human benefit.\n
N.Y. VAT Law § 1229-D — New York Code / Act VAT / Title 7 / Article 33 / Section 1229-D
School bus attendant
Status: in_force

§ 1229-d. School bus attendant. (1) "School bus attendant" shall mean\na person employed or authorized by a school district to ride on a school\nbus as defined in paragraph (a) of subdivision one of section five\nhundred nine-a of this chapter for the purpose of maintaining order or\nrendering assistance to pupils with special needs.\n  (2) Screening of applicants for position of school bus attendant (a) a\nschool district, pursuant to a policy statement or resolution adopted by\nsuch district, may review the qualifications of every applicant for the\nposition of school bus attendant on school buses operated by or under\ncontract to the district and determine at its discretion whether the\napplicant is suitable for qualification. In such cases, applicants may\nbe made the subject of a criminal history check. Upon receipt of the\nfingerprints forwarded to them by such school district, the division of\ncriminal justice services shall forward to such school district the\ncriminal history review. A fee not to exceed the cost for the criminal\nhistory review shall be charged by the division of criminal justice\nservices. Such fingerprints also may be submitted to the federal bureau\nof investigation for a national criminal history record check.\n  (b) In determining the qualifications of school bus attendants, a\nschool district may use the criteria listed in subdivision two of\nsection five hundred nine-cc of this chapter relative to criminal\nconvictions.\n  (c) All inquiries made, and the use of any criminal record obtained,\npursuant to this section shall be in accordance with section two hundred\nninety-six of the executive law. In addition, the secondary\ndissemination of such information shall be limited to other authorized\nagencies, by express agreement between the school district and the\ndivision of criminal justice services, or as authorized pursuant to\nfederal law, and rules and regulations. No cause of action against the\nschool district or division of criminal justice services for damages\nrelated to the dissemination of criminal history records pursuant to\nthis section shall exist when the school district or division of\ncriminal justice services has reasonably and in good faith relied upon\nthe accuracy and completeness of criminal history information furnished\nto it by qualified agencies.\n  (3) The commissioner of education shall promulgate rules and\nregulations requiring that every school bus attendant serving pupils\nwith a disabling condition receive school bus safety training and\ninstruction relating to the special needs of such pupils. Such training\nshall include guidance on the proper techniques for assisting disabled\nstudents in entering and exiting the school bus, and shall include\ninstruction in cardiopulmonary resuscitation where such skills are\nrequired as part of the individualized education plan prepared for the\nstudent, as well as any additional first aid or health emergency skills\nthat the commissioner of education deems appropriate and necessary for\nschool bus attendants to possess. In addition, such school bus\nattendants shall demonstrate the ability to perform procedures necessary\nin emergency situations as deemed appropriate by the commissioner of\neducation. Any person employed as a school bus attendant serving pupils\nwith a disabling condition on January first, two thousand four shall\ncomply with the requirements of this subdivision by July first, two\nthousand four. Any person hired after January first, two thousand four\nshall complete training, instruction and testing prior to assuming their\nduties as a school bus attendant serving pupils with a disabling\ncondition.\n  (4) The commissioner of education, in consultation with the justice\ncenter for the protection of people with special needs, shall promulgate\nrules and regulations requiring that every school bus attendant serving\na student or students with a disability receive training and instruction\nrelating to the understanding of and attention to the special needs of\nsuch students. Such training and instruction may be included with the\ntraining and instruction required pursuant to subdivision three of this\nsection and shall be provided at least once per year or more frequently\nas determined by the commissioner of education in consultation with the\nstate comprehensive school bus driver safety training council. For the\npurposes of this subdivision, the term "student with a disability" shall\nhave the same meaning as such term is defined in subdivision one of\nsection forty-four hundred one of the education law. Any person employed\nas a school bus attendant serving a student or students with a\ndisability on January first, two thousand nine shall comply with the\nrequirements of this subdivision by July first, two thousand nine. Any\nperson hired after January first, two thousand nine shall complete such\ntraining, instruction and testing prior to assuming his or her duties as\na school bus attendant serving a student or students with a disability.\n
N.Y. ENV Law § 21-0703 — New York Code / Act ENV / Article 21 / Title 7 / Section 21-0703
Commissioner and alternate
Status: in_force

§ 21-0703. Commissioner and alternate.\n  1. As provided in the second subdivision of section two of article two\nof the compact, the Governor shall be this state's member on the\ncommission established thereby. The Governor shall appoint an officer of\nthe Department of Environmental Conservation as his alternate pursuant\nto the third subdivision of said section two of article two of the\ncompact.\n  2. Any person serving on the Delaware river basin commission pursuant\nto this section shall be reimbursed for all necessary expenses incurred\nas an incident of such service, and such reimbursement shall be from the\nfunds of said person's department or office.\n
N.Y. PBH Law § 4170 — New York Code / Act PBH / Article 41 / Title 7 / Section 4170
Records; general duties of registrars
Status: in_force

§ 4170. Records; general duties of registrars. Each registrar shall:\n  (a) supply blank forms of certificates to such persons as require\nthem;\n  (b) examine each certificate of birth or death when presented for\nrecord in order to ascertain whether or not it has been made out in\naccordance with the provisions of this article and the instructions of\nthe commissioner;\n  (c) number consecutively the certificates of birth and death, in two\nseparate series, beginning with the number one for the first birth and\nthe first death, in each calendar year, and sign his name as registrar\nin attest of the date of filing in his office;\n  (d) make a complete and accurate copy of each birth and death\ncertificate registered by him in such form as approved by the\ncommissioner;\n  (e) file the permit for each burial, or cremation or other disposition\nof bodies of deceased persons in his district as the local record, in\nsuch manner as directed by the commissioner and which shall be subject\nto disposition at such time and in such manner as may be prescribed by\nrules and regulations promulgated by the commissioner;\n  (f) at such times as the commissioner shall direct, and as otherwise\nordered by the commissioner as provided in section four thousand one\nhundred seventy-two of this chapter transmit to the commissioner all\noriginal certificates, including reports of foundlings, as required by\nsection three hundred ninety-eight of the social services law, and\norders relating to parentage registered by him;\n  (g) maintain a count of reports of fetal death with such reports to be\ndestroyed at the end of each month.\n  (h) immediately notify the division of criminal justice services in\nthe event that a copy of a birth certificate or information concerning\nthe birth records of any person whose record is flagged pursuant to\nparagraph (i) of subdivision two of section four thousand one hundred of\nthis article is requested. In the event that a copy of the birth\ncertificate of a person whose record is so flagged is requested in\nperson, the registrar's personnel accepting the request shall\nimmediately notify his or her supervisor who shall notify the local law\nenforcement agency and department in accordance with regulations\npromulgated by the department. The person making the request shall\ncomplete a form as prescribed by the commissioner, which shall include\nthe name, address, telephone numbers and social security numbers of the\nperson making the request. A motor vehicle operator's license, or if\nsuch license is not available, such other identification as the\ncommissioner determines to be satisfactory, shall be presented,\nphotocopied and returned to him or her. When a copy of the birth\ncertificate of a person whose record has been flagged is requested in\nwriting, the registrar shall notify the local law enforcement agency and\nthe department in accordance with regulations promulgated by the\ndepartment.\n
N.Y. PBH Law § 3381-A — New York Code / Act PBH / Article 33 / Title 7 / Section 3381-A
Destruction of hypodermic syringes and needles
Status: in_force

§ 3381-a. Destruction of hypodermic syringes and needles.  All\nhypodermic syringes, needles and disposable hypodermic units which are\nno longer usable or required shall be crushed, broken or otherwise\nrendered inoperable in the process of disposal.\n  The department may specify procedures for disposal of such hypodermic\nsyringes, needles and disposable units as may be necessary to protect\npublic health including, but not limited to, placement of such syringes,\nneedles and units in a leak-proof, puncture resistant container prior to\ndisposal.\n
N.Y. LAB Law § 591 — New York Code / Act LAB / Article 18 / Title 7 / Section 591
Eligibility for benefits
Status: in_force

§ 591. Eligibility for benefits.  * 1. Unemployment. Benefits, except\nas provided in section five hundred ninety-one-a of this title, shall be\npaid only to a claimant who is totally unemployed or partially\nunemployed. A claimant who is receiving benefits under this article\nshall not be denied such benefits pursuant to this subdivision or to\nsubdivision two of this section because of such claimant's service on a\ngrand or petit jury of any state or of the United States.\n  * NB Effective until December 7, 2027\n  * 1. Unemployment. Benefits shall be paid only to a claimant who is\ntotally unemployed or partially unemployed. A claimant who is receiving\nbenefits under this article shall not be denied such benefits pursuant\nto this subdivision or to subdivision two of this section because of\nsuch claimant's service on a grand or petit jury of any state or of the\nUnited States.\n  * NB Effective December 7, 2027\n  * 2. Availability and capability. Except as provided in section five\nhundred ninety-one-a of this title, no benefits shall be payable to any\nclaimant who is not capable of work or who is not ready, willing and\nable to work in his usual employment or in any other for which he is\nreasonably fitted by training and experience.\n  * NB Effective until December 7, 2027\n  * 2. Availability, capability, and work search. No benefits shall be\npayable to any claimant who is not capable of work or who is not ready,\nwilling and able to work in his or her usual employment or in any other\nfor which he or she is reasonably fitted by training and experience and\nwho is not actively seeking work. In order to be actively seeking work a\nclaimant must be engaged in systematic and sustained efforts to find\nwork. The commissioner shall promulgate regulations defining systematic\nand sustained efforts to find work and setting standards for the proof\nof work search efforts. Such regulations shall take into account the\nneed for claimants to provide child care for their child or children.\n  * NB Effective December 7, 2027\n  3. Vacation period or holiday.\n  (a) Compensation paid to a claimant for any day during a paid vacation\nperiod, or for a paid holiday, shall be considered compensation from\nemployment and shall be included in the calculation of a claimant's\nbenefit for partial unemployment as set forth in subdivision five of\nsection five hundred ninety of this article.\n  (b) The term "vacation period", as used in this subdivision, means the\ntime designated for vacation purposes in accordance with the collective\nbargaining agreement or the employment contract or by the employer and\nthe claimant, his union, or his representative. If either the collective\nbargaining agreement or the employment contract is silent as to such\ntime, or if there be no collective bargaining agreement or employment\ncontract, then the time so designated in writing and announced to the\nemployees in advance by the employer is to be considered such vacation\nperiod.\n  (c) A paid vacation period or a paid holiday is a vacation period or a\nholiday for which a claimant is given a payment or allowance not later\nthan thirty days thereafter, directly by his employer or through a fund,\ntrustee, custodian or like medium provided the amount thereof has been\ncontributed solely by the employer on behalf of the claimant and the\namount so contributed by the employer is paid over in full to the\nclaimant without any deductions other than those required by law, even\nif such payment or allowance be deemed to be rumuneration for prior\nservices rendered as an accrued contractual right, and irrespective of\nwhether the employment has or has not been terminated.\n  (d) Any agreement expressed or implied by a claimant or by his union\nor other representative to a plant or department shut down for vacation\npurposes is not of itself to be considered either a withdrawal by such\nemployee from the labor market during the time of such vacation shut\ndown or to render him unavailable for employment during the time of such\nvacation shut down.\n  4. (a) An unemployed individual shall be eligible to receive benefits\nwith respect to any week only if such individual participates in\nreemployment services, such as job search assistance services, available\nunder any state or federal law, if the individual has been determined to\nbe likely to exhaust regular benefits and needs reemployment services\npursuant to a profiling system established by the commissioner, unless\nthe commissioner determines that:\n  (i) the individual has completed such services; or\n  (ii) there is justifiable cause for the claimant's failure to\nparticipate in such services.\n  (b) Such profiling system shall be established pursuant to a plan of\nthe department which shall include, but not be limited to:\n  (i) specification of the profiling methodology, including factors used\nto determine a claimant's required participation in reemployment\nservices and the statistical relationship of such factors to the\nexhaustion of benefits by certain claimants;\n  (ii) standards to be used to insure that all claimants are uniformly\nevaluated against the profiling criteria;\n  (iii) a description of criteria to be used to make assignments to\nbasic reemployment services offered;\n  (iv) procedures for notification of the right of appeal and for appeal\nby a claimant of the profiling assessment and referral of the\ndepartment;\n  (v) an evaluation of the extent to which reemployment services are\navailable throughout the state and accessible to claimants;\n  (vi) a demonstration of efforts by the department to coordinate with\nthe local providers offering reemployment services, to avoid duplication\nof services among providers offering similar reemployment services to\nthe same participant group;\n  (vii) policies and procedures for referrals to reemployment services,\nincluding referrals to providers other than the department; and\n  (viii) guidelines governing the extent to which education and skills\nor occupational training shall be offered.\n  (c) The department shall, at a time and in a manner consistent with\nfederal requirements, submit a report to the temporary president of the\nsenate and the speaker of the assembly on the profiling system\nauthorized herein except that such report:\n  (i) shall be submitted to the temporary president of the senate and\nthe speaker of the assembly no later than September first, nineteen\nhundred ninety-five and annually thereafter, and\n  (ii) shall include data on the number of individuals profiled and the\nnumber of profiled individuals exhausting benefits as well as a\ndescription of the service or services provided to profiled individuals\nand the number of individuals referred for reemployment services during\nthe program year ending the preceding June thirtieth.\n  5. Maximum combined payments. If a claimant is receiving benefits\npursuant to subdivision six of section fifteen of the workers'\ncompensation law, the unemployment benefits to which a claimant may be\nentitled pursuant to this article shall be limited to the difference\nbetween the amount of workers' compensation benefits and one hundred\npercent of the claimant's average weekly wage.\n  6. Dismissal pay.  (a) No benefits shall be payable to a claimant for\nany week during a dismissal period for which a claimant receives\ndismissal pay if such weekly dismissal pay exceeds the claimant's\nmaximum weekly benefit rate plus the claimant's partial benefit credit.\n  (b) The term "dismissal pay", as used in this subdivision, means one\nor more payments made by an employer to an employee due to his or her\nseparation from service of the employer regardless of whether the\nemployer is legally bound by contract, statute or otherwise to make such\npayments. The term does not include payments for pension, retirement,\naccrued leave, and health insurance or payments for supplemental\nunemployment benefits.\n  (c) The term "dismissal period", as used in this subdivision, means\nthe time designated for weeks of dismissal pay attributable to the\nclaimant's weekly earnings in accordance with the collective bargaining\nagreement, employment contract, employer's dismissal policy, dismissal\nagreement with the employer or other such agreement. If no such\nagreement, contract or policy designates a dismissal period, then the\ndismissal period shall be the time designated in writing in advance by\nthe employer to be considered the dismissal period. If no time period is\ndesignated, the dismissal period shall commence on the day after the\nclaimant's last day of employment. If the dismissal payment is in a lump\nsum amount or for an indefinite period, dismissal payments shall be\nallocated on a weekly basis from the day after the claimant's last day\nof employment and the claimant shall not be eligible for benefits for\nany week for which it is determined that the claimant receives dismissal\npay. The amount of dismissal pay shall be allocated based on the\nclaimant's actual weekly remuneration paid by the employer during his or\nher employment or, if such amount cannot be determined, the amount of\nthe claimant's average weekly wage for the highest calendar quarter.\n  (d) Notwithstanding the foregoing, the provisions of this subdivision\nshall not apply during any weeks in which the initial payment of\ndismissal pay is made more than thirty days from the last day of the\nclaimant's employment.\n
N.Y. EDN Law § 5904 — New York Code / Act EDN / Title 7 / Article 119 / Section 5904
Advisory board; appointment; powers and duties
Status: in_force

§ 5904. Advisory board; appointment; powers and duties.  1. A\ntemporary advisory board is hereby created to consist of seven members,\ntwo of whom shall be members of the senate to be appointed by the\ntemporary president of the senate, two shall be members of the assembly\nto be appointed by the speaker of the assembly, and three shall be\nappointed by the dean of such graduate school of public affairs.  The\nmembers of the senate and of the assembly so appointed shall serve for\nterms of two years or until the expiration of their term of office as a\nmember of the senate or assembly, respectively, whichever shall first\noccur.  The members appointed by the dean of the graduate school of\npublic affairs shall be appointed for terms of four years. Vacancies\noccurring in the board by reason of expiration of term or for any other\nreason shall be filled by the official authorized to make the original\nappointment.\n  2. The board may choose from among its members a chairman,\nvice-chairman and secretary.\n  3. The members of the board shall serve without compensation, but\nshall be reimbursed their actual and necessary expenses.\n  4. The board shall meet at least four times a year for the purpose of\nadopting rules and regulations governing the operation of the institute\nand the establishment and effectuation of its goals.\n  5. The board after investigation and study shall, on or before January\nfirst, nineteen hundred sixty-eight, prepare plans and submit\nrecommendations to the chancellor and board of trustees of the state\nuniversity and to the legislature for the control, supervision, or\norganization, structure, administration, operation and activities of the\ninstitute.\n