N.Y. SOS Law § 111-A — New York Code / Act SOS / Article 3 / Title 6-A / Section 111-A
Federal aid; state plan
Status: in_force

§  111-a.  Federal aid; state plan.  1.  The department is hereby\ndesignated as the single state agency to supervise the administration of\nthe state's child support program provided for by this title, and a\nsingle organizational unit shall be established within the department\nfor such purposes.\n  2.  The department shall develop and submit a state child support\nprogram plan as required by part D of title IV of the federal social\nsecurity act to the federal department of health, education and welfare\nfor approval pursuant to such part in order to qualify the state for\nfederal aid under such part.  The department shall act for the state in\nany negotiations relative to the submission and approval of such plan\nand shall make such arrangements as may be necessary to obtain and\nretain such approval and to secure for the state the benefits of the\nprovisions of such federal act relating to child support programs.  The\ndepartment shall promulgate regulations not inconsistent with law as may\nbe necessary to assure that such plan conforms to the provisions of such\npart and any federal regulations adopted pursuant thereto.  The\ndepartment shall make all reports required by law to be made to such\nfederal department in the form and manner required by federal\nregulations.\n
N.Y. EDN Law § 4208 — New York Code / Act EDN / Title 6 / Article 85 / Section 4208
Clothing for blind state pupils
Status: in_force

§ 4208. Clothing for blind state pupils.  Whenever the parents or\nguardians are unable to furnish clothing to state pupils, the\ncommissioner of education is hereby required to apportion annually to\neach institution caring for blind children legally appointed thereto the\nsum of one hundred twenty dollars per pupil or so much thereof as may be\nnecessary to be applied to the cost of clothing for each of said pupils.\n
N.Y. PBA Law § 1115-E — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-E
Water board
Status: in_force

§ 1115-e. Water board. 1. A city water board may be created by a\nspecial act of the state legislature at the request of the city as a\nbody corporate and politic, constituting a corporate municipal\ninstrumentality of the state and having the powers and duties as\nprovided in this title.\n  2. The water board shall consist of five members, who shall be\nresidents of the city and appointed by the mayor. The first members\nappointed by the mayor shall be appointed for the following terms of\noffice: one for a term ending on December thirty-first of the second\nyear following the year in which the special act of the state\nlegislature creating the water board shall have become law, two for a\nterm ending on December thirty-first of the third year following the\nyear in which such special act shall have become law, and two for a term\nending on December thirty-first of the fourth year following the year in\nwhich such special act shall have become law. Subsequent appointments of\nmembers shall be made for a term of three years ending in each case on\nDecember thirty-first of the last year of such term. No member shall be\na member of the governing body of the authority. Any member appointed by\nthe mayor who is not an employee of the city of Albany shall be deemed a\npublic member. All members shall continue to hold office until their\nsuccessors are appointed and qualified.  Vacancies shall be filled in\nthe manner provided for original appointments. Vacancies, occurring\notherwise than by expiration of term of office, shall be filled by\nappointment for the unexpired terms.  Members may be removed from office\nfor the same reasons and in the same manner as may be provided by law\nfor the removal of officers of the city. Each public member shall be\nentitled to a salary of five thousand dollars per annum. All members\nshall receive no reimbursement for the ordinary expenses of attending\nmeetings, but may by resolution of the water board be allowed their\nexpenses of a special or extraordinary nature. A public member may\nreceive additional compensation to be fixed by the members, if appointed\nan officer of the water board. The powers of the water board shall be\nvested in and be exercised by the governing body at a meeting duly\ncalled and held where a quorum of three members is present. No action\nshall be taken except pursuant to the favorable vote of at least three\nmembers. The governing body may delegate to one or more of its members,\nofficers, agents or employees such powers and duties as it may deem\nproper.\n  3. The officers of the water board shall consist of a chairman, a\nvice-chairman and a treasurer, who shall be members of the water board,\nand a secretary, who need not be a member of the water board. Such\nofficers shall be appointed by the governing body and shall serve in\nsuch capacities at the pleasure of the governing body. In addition to\nthe secretary, the governing body may appoint and at pleasure remove\nsuch additional officers and employees as it may determine necessary for\nthe performance of the powers and duties of the authority, and fix and\ndetermine their qualifications, duties and compensation, subject to the\nprovisions of the civil service law. The governing body may also from\ntime to time contract for expert professional services. The treasurer\nshall execute a bond, conditioned upon the faithful performance of the\nduties of his or her office, the amount and sufficiency of which shall\nbe approved by the governing body and the premium therefor shall be paid\nby the water board.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, the city, any other municipality, or any public\nbenefit corporation, shall be deemed to have forfeited or shall forfeit\nhis or her office or employment or any benefits provided under the\nretirement and social security law by reason of his or her acceptance of\nappointment as a member, officer, agent or employee of the water board,\nnor shall service as such member, officer, agent or employee be deemed\nincompatible or in conflict with such office, membership or employment.\n  5. (a) The mayor shall file on or before March thirty-first of the\nyear following the year in which the special act of the state\nlegislature creating the water board shall have become law, in the\noffice of the secretary of state, a certificate signed by the mayor\nsetting forth: (1) the name of the water board; (2) the names of the\nmembers appointed by the mayor and their terms of office; and (3) the\neffective date of the special act of the state legislature creating the\nwater board. If such certificate is not filed with the secretary of\nstate on or before such date, then the corporate existence of the water\nboard shall thereupon terminate and it shall thereupon be deemed to be\nand shall be dissolved.\n  (b) The water board and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the water board shall have contractual duties or obligations\noutstanding unless adequate provision has been made for the satisfaction\nthereof. Upon termination of the existence of the water board, all of\nthe rights and properties of the water board then remaining shall pass\nto and vest in the city.\n  6. It is hereby determined and declared that the water board and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the city and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the water board is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n
N.Y. EDN Law § 5201 — New York Code / Act EDN / Title 6 / Article 105 / Section 5201
Functions of institute
Status: in_force

§ 5201. Functions of institute. The research institute on addictions\nis designated as an institute for the conduct of research and education\ndirected towards furthering knowledge of the etiology, diagnosis,\ntreatment and prevention of addictions, including alcoholism, alcohol\nabuse, substance abuse, substance dependence and chemical dependence.\nThe university shall foster support and obtain funds for research\nthereby, or under the direction thereof, or through contract or\nagreement, relating to primary biochemical and social causes of such\naddictions, the epidemiology of such addictions and the effectiveness of\nvarious types of prevention, treatment, and rehabilitation programs and\napproaches.\n
N.Y. PBA Law § 1120-K — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-K
Moneys of the authority
Status: in_force

§ 1120-k. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks in the state\ndesignated by the board. The moneys in such accounts shall be paid out\non check of the treasurer upon requisition by the board or of such other\nperson or persons as the board may authorize to make such requisitions.\nAll deposits of such moneys shall be secured by obligations of the\nUnited States or of the state or of the town of a market value equal at\nall times to the amount on deposit and all banks and trust companies are\nauthorized to give such security for such deposits. The authority shall\nhave power, notwithstanding the provisions of this section, to contract\nwith the holders of any bonds as to the custody, collection, security,\ninvestment and payment of any moneys of the authority or any moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and to carry out any such contract notwithstanding that such\ncontract may be inconsistent with the provisions of this section. Moneys\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds and deposits of such moneys may be secured in the same\nmanner as moneys of the authority and all banks and trust companies are\nauthorized to give such security for such deposits. Any moneys of the\nauthority not required for immediate use or disbursement may, at the\ndiscretion of the authority, be invested in those obligations specified\npursuant to the provisions of section ninety-eight-a of the state\nfinance law. Subject to the provisions of any contract with bondholders\nand with the approval of the comptroller, the authority shall prescribe\na system of accounts.\n
N.Y. PBH Law § 396 — New York Code / Act PBH / Article 3 / Title 6 / Section 396
Consolidated health district; health officer; appointment
Status: in_force

§ 396. Consolidated health district; health officer; appointment.  In\neach consolidated health district the board of health shall appoint a\nhealth officer qualified as provided in the sanitary code.\n
N.Y. EDN Law § 4807 — New York Code / Act EDN / Title 6 / Article 97 / Section 4807
Children admitted to such school
Status: in_force

§ 4807. Children admitted to such school. Children not more than\neighteen nor less than eight years of age may be admitted to or received\nin such school as follows:\n  1. Upon the application of the parents or guardians having the legal\ncustody and control of such children accompanied by the written consent\nof such parents or guardians.\n  2. Truants or children coming within any of the descriptions mentioned\nin section thirty-two hundred fourteen of this chapter upon commitment\nthereto either by the school authorities or by a court having\njurisdiction thereof.\n  3. Children coming within any of the descriptions mentioned in\nsections four hundred eighty-five and four hundred eighty-six of the\npenal law upon commitment thereto by a court.\n  4. Children under twelve years found guilty of juvenile delinquency.\n  5. Children over twelve and under sixteen years of age found guilty of\njuvenile delinquency for the first time and for an offense of a grade\nnot higher than misdemeanor.\n  Children resident in the city establishing such school duly committed\nthereto shall be received therein. The board of managers may in their\ndiscretion and upon such terms as to payment of expenses as they see\nfit, admit children resident in the county in which said city is\nsituated or resident in any adjoining county not having a city to which\nthis article applies.\n
N.Y. PBA Law § 1137*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1137*2
Interest in contracts prohibited
Status: in_force

* § 1137. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the authority to be in any way or manner interested,\ndirectly or indirectly, in the furnishing or work, materials, supplies\nor labor, or in any contract therefor which the authority is empowered\nby this title to make.\n  * NB There are 2 § 1137's\n
N.Y. PBH Law § 267-A — New York Code / Act PBH / Article 2 / Title 6 / Section 267-A
Self-administered hormonal contraceptives
Status: in_force

§ 267-a. Self-administered hormonal contraceptives. The commissioner\nis authorized to establish a non-patient specific order, consistent with\nsection sixty-eight hundred one of the education law, for dispensing\nself-administered hormonal contraceptives as defined in section\nsixty-eight hundred two of such chapter.\n
N.Y. EDN Law § 4501 — New York Code / Act EDN / Title 6 / Article 91 / Section 4501
Establishment of camps by school districts and appropriations authorized
Status: in_force

§ 4501. Establishment of camps by school districts and appropriations\nauthorized.  1. A school district, acting through its board of\neducation, is hereby authorized to establish camps on lands acquired by\nsuch school district by purchase, gift, grant, devise, rent or lease or\non lands the use of which has otherwise been acquired by such school\ndistrict for camp purposes. Also, two or more school districts may\njointly acquire lands for camp purposes in the same manner and establish\nand operate such school camps thereon as joint projects within the limit\nof funds provided therefor by the respective school districts and in\naccordance with regulations approved by the commissioner of education.\nSuch camps shall be used to furnish education, physical training,\nrecreation and maintenance for all children of school age, whether in\nattendance at a public or non-public school, and shall be under the\njurisdiction of the board of education of such school district. Such\nboard may, however, fix a reasonable fee to cover cost of food and\ninstructional materials. Such board shall provide opportunity for\nchildren to receive instruction in such subjects as such board may deem\nproper. Such board shall prescribe the activities to be carried on and\nshall set up rules and regulations for admission to such camps and the\nconduct and discipline thereof. No child, whether in attendance at a\npublic or non-public school, shall be denied admission to such a camp or\nphysical training, recreation and maintenance at such a camp, because of\ninability to pay any required costs or fees; but no child shall be\nentitled to free education, physical training, recreation and\nmaintenance in any such camp for a period in excess of two weeks during\nany one year, unless the board of education prescribe and direct that\nphysically handicapped or other children be maintained for a longer\nperiod. The board of education of such school district shall make a\nreport at the annual meeting of such school district, of matters\nrelating to carrying out the provisions of this section.\n  2. Any such school district is hereby authorized to appropriate in the\nmanner prescribed by law relating to such school district such sums as\nmay be necessary for the purpose of carrying out the provisions of this\nsection. Money shall be paid out of the treasury of such school district\nin the manner provided by law.\n  3. The provisions of this section shall not apply to the board of\neducation of the city of New York.\n
N.Y. EDN Law § 4006 — New York Code / Act EDN / Title 6 / Article 81 / Section 4006
Notification procedures for determination of residence
Status: in_force

§ 4006. Notification procedures for determination of residence.  1.\nWithin thirty days of the placement of a child, determined to be\nhandicapped pursuant to subdivision one of section forty hundred five of\nthis article, in a child care institution, the local social services\ncommissioner, the division for youth or the operator of a residential\ntreatment facility for children and youth which is not operated by an\nauthorized agency shall notify the board of education of the school\ndistrict of origin and the state commissioner of social services. Such\nnotification shall include the name of the child and the residence of\nthe child at the time of entrance to care. The commissioner shall\npromulgate regulations, in consultation with the commissioner of social\nservices, the commissioner of mental health and the director of the\ndivision for youth, to implement this subdivision.\n  2. A board of education of a school district which receives\nnotification that a child has been placed in a child care institution\nfor the purposes of this section may deny financial responsibility for\nsuch child by written notice, within twenty days of notification\npursuant to subdivision one of this section, to the commissioner and the\npublic agency placing the child.\n  3. The division for youth or the social services district placing such\nchild may appeal such denial of responsibility to the commissioner. If\nthe commissioner finds that the child was not a resident of the school\ndistrict that was notified that the child was a resident, the\ncommissioner shall request the division for youth or social services\ncommissioner to ascertain the correct school district and notify such\nschool district pursuant to subdivision one of this section. If the\ncommissioner finds that a child has no residence in this state, he shall\ndetermine that there is no school district contribution for such child.\n  4. Any final determination or order of the commissioner concerning\nresidence or placement of any child under this section may only be\nreviewed in a proceeding brought in the supreme court pursuant to\narticle seventy-eight of the civil practice law and rules.  In any such\nproceeding under such article seventy-eight, the court may grant any\nrelief authorized by the provisions of section seventy-eight hundred six\nof such law and rules and may also, in its discretion, remand the\nproceedings to the commissioner. A local social services commissioner or\nthe division for youth is a proper party in any such appeal or\nproceeding.\n
N.Y. EDN Law § 5007 — New York Code / Act EDN / Title 6 / Article 101 / Section 5007
Tuition reimbursement account
Status: in_force

§ 5007. Tuition reimbursement account. 1. Except as otherwise provided\nin subdivision six of this section, the portion of the annual assessment\nof schools licensed pursuant to section five thousand one of this\narticle as prescribed in subdivision nine of such section and all fines,\npenalties and settlements received pursuant to this article shall be\ntransferred upon receipt into the tuition reimbursement account.\n  3. a. The commissioner shall develop a complaint form and provide such\nform to students. In order to claim a refund, a student shall apply to\nthe fund with a complaint form pursuant to the requirements of section\nfive thousand three of this article. Except as otherwise provided in\nthis article, the commissioner shall compute the refund, if any, using\nthe refund formula established by subdivision three of section five\nthousand two of this article.\n  b. Claimants who had been enrolled in schools which have not closed or\nceased operation shall be required to show in a manner determined by the\ncommissioner that:\n  (1) the student is eligible for a refund;\n  (2) the student has made a request to the school for a refund; and\n  (3) the school has failed to make the refund within the time period\nrequired by this article.\n  c. The commissioner shall act on each refund request within thirty\nbusiness days of such request.\n  4. Students may be eligible for refunds under this section as follows:\n  a. A student who is offered a teachout plan for the curriculum in\nwhich the student was enrolled at the time the school closed or ceased\noperation, which has been approved by the department, may elect to\ncontinue instruction pursuant to the teachout plan or may decline to\ncontinue instruction and may instead apply for a full refund under this\nsection. The option to apply for a refund shall extend to the end of the\nfirst week of instruction at the teachout school.\n  b. A student who was enrolled in a school which has not closed or\nceased operation is entitled to a refund computed in accordance with the\nrefund policy established by subdivision three of section five thousand\ntwo of this article.\n  c. A student who was enrolled in a school at the time the school\ncloses or ceases operation is entitled to a refund of the full amount of\nprepaid tuition. In addition, commencing September first, nineteen\nhundred ninety-three, a student who drops out of a school, where such\nschool closes within thirty days of the student's termination and prior\nto completion of such student's program as specified in the enrollment\nagreement, shall be entitled to a full refund of all tuition, fees and\nbook charges paid for by or on behalf of the student in cash or in\nloans, excluding funding provided by any government agencies.\n  d. A student who was enrolled in a school which has not closed or\nceased operation, and who has dropped out, is entitled to a full refund\nof all tuition, fees and other required costs paid by the student if the\nstudent has submitted a complaint form to the commissioner and the\ncommissioner has determined that a violation of this article has\noccurred which warrants a refund. The commissioner shall promulgate\nregulations identifying those violations that warrant a refund.\n  e. Commencing September first, nineteen hundred ninety-three, a\nstudent who drops out of a school, which subsequently closes, and who is\nowed a refund for the failure of such school to follow the provisions\nenumerated in subdivision three of section five thousand two of this\narticle shall be eligible for a refund from the tuition reimbursement\nfund according to the provisions of subdivision three of section five\nthousand two of this article.\n  f. Commencing September first, nineteen hundred ninety-three, any\nstudent enrolled in a school based upon an ability to benefit\nexamination shall be eligible for a full refund, regardless of whether\nthe student is currently enrolled, graduated or dropped out, if the\nschool enrolled the student contrary to the provisions of the approved\nentrance requirements and the student complies with the requirements of\nsubdivision one of section five thousand three of this article.\n  5. a. For a student who had been enrolled in a school that has not\nclosed or ceased operation, the refund shall be paid as follows:\n  (1) guaranteed student loans, if any, in which case the commissioner\nshall notify the student of such payment and shall be paid directly to\nthe lender or guarantee agency where appropriate;\n  (2) actual personal tuition expenditures, if any; and\n  (3) tuition assistance program awards and other governmental aid.\n  b. For schools that have closed or ceased operation, the commissioner\nshall refund actual personal tuition, fees and book expenditures to the\nstudent. The repayment of any loans incurred by the student as part of\nthe actual personal tuition, fees and book expenditures shall be paid\ndirectly to the lender or the guarantee agency where appropriate.\n  6. a. Where a claim is paid to a student of an operating school, the\ncommissioner shall immediately notify the school.\n  b. Within ten days of the receipt of the notice, the school shall\neither request a hearing to challenge the commissioner's determination\nthat a refund was owed to the student or reimburse the fund the amount\npaid to the claimant plus a penalty up to two times such amount. This\npayment shall also incur interest for each day it remains unpaid at an\nannual interest rate of one percent above the prime rate. The\ncommissioner may promulgate streamlined procedures for conducting\nhearings pursuant to this paragraph. Any penalty assessed under this\nparagraph shall be in addition to any other penalties assessed pursuant\nto this article.  Notwithstanding any other provision of law, penalties\nand interest paid pursuant to this paragraph shall accrue to the credit\nof the proprietary vocational school supervision account to support the\ncosts associated with the hearings authorized in this subdivision.\n  7. Notwithstanding the notice procedures described in subdivision\nthree of this section, in the event of a school closing, the\ncommissioner on his or her own initiative may take appropriate action in\naccordance with this section to process refund claims on behalf of all\nof the students of the closed school.\n  8. Assignment of rights. Persons and entities receiving refunds under\nthis section shall be deemed to have assigned or subrogated their\ntuition reimbursement rights to the commissioner on behalf of the\ntuition reimbursement fund only for the amount refunded by the tuition\nreimbursement fund. Within ninety days of any refund made pursuant to\nthis section, the commissioner or the attorney general shall take\nappropriate action to recover the total amount of the refunds made, plus\nadministrative costs, from the school.\n  9. a. A student whose loan liability is exempted pursuant to former\nsection six hundred eighty-three of this chapter and is entitled to or\nowed a refund shall transfer to the higher education services\ncorporation the right to claim the refund owed and due from the tuition\nreimbursement fund. In such event, the corporation shall be entitled to\nreceive a refund for that portion of the claim not paid to the\ncorporation by the United States Secretary of Education pursuant to the\nfederal guaranteed loan program.\n  b. Any amounts remaining in the tuition reimbursement fund as of June\nfirst, nineteen hundred ninety-three and on every March thirty-first\nthereafter, shall be made available to the higher education services\ncorporation for payment of student loans on which collection activity\nhas ceased pursuant to the provisions of subdivision six of former\nsection six hundred eighty-three of this chapter. No amounts shall be\npaid to the higher education services corporation for loans on which\ncollection activity has ceased because of the operation of section 437\nof the Higher Education Act of 1965, as amended.\n  10. Management of the tuition reimbursement account. a. As used in\nthis subdivision, net balance is defined as the actual cash balance of\nthe account as determined by the commissioner on June thirtieth,\nnineteen hundred ninety-three and every three months thereafter. For the\npurpose of calculating the net balance, the commissioner shall not take\ninto consideration any refunds made from the account pursuant to\nparagraphs d and f of subdivision four of this section for the year\nimmediately preceding the date on which the calculation is made.\n  b. In the event that the account has accumulated a net balance in\nexcess of one million eight hundred thousand dollars, the commissioner\nshall, with the approval of the director of the budget, waive an amount\nnot to exceed the amount due for the next quarterly assessment pursuant\nto this section and subdivision nine of section five thousand one of\nthis article for schools which have paid sixteen quarters or more of\nassessments only. In such event, payment of future quarterly assessments\nshall be suspended for schools which have paid sixteen quarters or more\nof assessments until the net balance of the account falls below one\nmillion three hundred thousand dollars.\n  c. In the event the net balance of the account falls below one million\nthree hundred thousand dollars, if the quarterly assessment has been\nsuspended for schools which have paid sixteen quarters or more of\nassessments pursuant to paragraph b of this subdivision, it shall be\nreinstated for the next quarterly assessment and all subsequent\nquarterly assessments until the account has accumulated a net balance in\nexcess of one million eight hundred thousand dollars.\n  d. Notwithstanding the provisions of paragraph b of this subdivision,\nin the event that the balance of the account is in excess of one million\nthree hundred thousand dollars, all schools licensed after June\nthirtieth, nineteen hundred ninety-nine shall be required to pay into\nthe account the equivalence of three years of annual assessments over a\nfive year period.\n  e. Notwithstanding the provisions of paragraph b of this subdivision\nall schools licensed after June thirtieth, nineteen hundred ninety-three\nand before July first, nineteen hundred ninety-nine will be required to\npay into the account the equivalence of three years of annual\nassessments within four years of the effective date of this paragraph.\nThis amount to be assessed shall be determined based upon the school's\ngross tuition in its first three years of licensure.\n  g. In the event that the balance of the tuition reimbursement account\nis equal to or in excess of two million dollars, the amounts assessed\nthe schools in accordance with the provisions of paragraphs d and e of\nthis subdivision shall be deposited directly to the proprietary\nvocational school supervision account.\n  h. The commissioner may annually apportion from the account an amount\nup to two hundred thousand dollars for the purpose of securing, scanning\nand otherwise making student records from closed schools available to\nstudents who attended such schools. Provided, however, that in no case\nshall such apportionment cause the account to fall below the balance set\nforth in paragraph c of this subdivision, nor shall such apportionment\ncause schools whose quarterly assessments have been suspended to pay\nadditional quarterly assessments.\n  11. Fund audit. The state comptroller shall audit or cause to be\naudited the tuition reimbursement fund once every two years and produce\nan audited financial statement according to generally accepted\naccounting principles.\n  12. New schools. Within the first year that a school begins licensed\noperation, the commissioner shall assess such school an amount to be\ndeposited into the fund in an amount to be determined by the\ncommissioner.\n
N.Y. BNK Law § 6006 — New York Code / Act BNK / Article 15 / Title 6 / Section 6006
Waivers of notice
Status: in_force

§ 6006. Waivers of notice. Notice of meeting need not be given to any\nstockholder who submits a signed waiver of notice, in person or by\nproxy, whether before or after the meeting. The attendance of any\nstockholder at a meeting, in person or by proxy, without protesting\nprior to the conclusion of the meeting the lack of notice of such\nmeeting, shall constitute a waiver of notice by him.\n
N.Y. GOB Law § 5-602 — New York Code / Act GOB / Article 5 / Title 6 / Section 5-602
Interest on insurance draft deposits in escrow with mortgage investing institutions
Status: in_force

§ 5-602. Interest on insurance draft deposits in escrow with mortgage\ninvesting institutions. Any mortgage investing institution which\nmaintains an escrow account pursuant to any agreement executed in\nconnection with a mortgage or any loan, secured by a lien on any one to\nsix family residence occupied by the owner or on any property owned by a\ncooperative apartment corporation, as defined in subdivision twelve of\nsection three hundred sixty of the tax law, (as such subdivision was in\neffect on December thirtieth, nineteen hundred sixty), and located in\nthis state and which residence or cooperative apartment corporation\nreceived from an insurance carrier a draft, forwarded to a mortgage\ninvesting institution, as compensation for damage done to a residence\nshall, for each quarterly period in which such escrow account is\nestablished, credit the same with dividends or interest at a rate of not\nless than two per centum per year based on the average of the sums so\npaid for the average length of time on deposit or a rate prescribed by\nthe superintendent of financial services pursuant to section fourteen-b\nof the banking law and pursuant to the terms and conditions set forth in\nthat section whichever is higher. The superintendent of financial\nservices shall prescribe by regulation the method or basis of computing\nany minimum rate of interest required by this section and any such\nminimum rate shall be a net rate over and above any service charge that\nmay be imposed by any mortgage lending institution for maintaining an\nescrow account. No mortgage investing institution shall impose a service\ncharge in connection with the maintenance of an escrow account unless\nprovision therefor was expressly made in a loan contract executed prior\nto the effective date of this section.\n
N.Y. PBA Law § 1149-M — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-M
Exemption from taxes, assessments and certain fees; payments in lieu of taxes
Status: in_force

§ 1149-m. Exemption from taxes, assessments and certain fees; payments\nin lieu of taxes. 1. It is hereby determined that the creation of the\nauthority and the carrying out of its corporate purposes is in all\nrespects for the benefit of the people of the county and the state and\nis a public purpose, and the authority shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall not be required to pay any taxes, special ad\nvalorem levies or special assessments upon any real property owned by it\nor any filing, recording or transfer fees or taxes in relation to\ninstruments filed, recorded or transferred by it or on its behalf.\n  2. The authority may pay, or may enter into agreements with any\nmunicipality not located within the county to pay, a sum or sums\nannually or otherwise or to provide other considerations to such\nmunicipality with respect to real property owned by the authority\nlocated within such municipality and constituting a part of its water or\nsewerage system.\n  3. Any bonds issued pursuant to this title together with the income\ntherefrom shall be exempt from taxation except for transfer and estate\ntaxes. The revenues, moneys and all other property and all activities of\nthe authority shall be exempt from all taxes and governmental fees or\ncharges, whether imposed by the state or any municipality, including\nwithout limitation real estate taxes, franchise taxes, sales taxes or\nother excise taxes.\n  4. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom shall be exempt from taxation as\naforestated in subdivision three of this section, and that all revenues,\nmoneys, and other property pledged to secure the payment of such bonds\nshall at all times be free from taxation as aforestated in such\nsubdivision.\n
N.Y. EDN Law § 5009 — New York Code / Act EDN / Title 6 / Article 101 / Section 5009
Duties of the commissioner
Status: in_force

§ 5009. Duties of the commissioner. In addition to all other duties\nassigned in this article, the duties of the commissioner shall include,\nbut not be limited to:\n  1. ensuring that up-to-date, accurate information is available to the\npublic, via the internet and other appropriate media, regarding every\nduly licensed proprietary school in this state, as well as disciplinary\nactions decided by the state.\n  2. developing and issuing to duly licensed proprietary schools a\nsymbol to indicate such status; provided that such symbol shall be\ndeveloped and made available to such schools no later than September\nthirtieth, nineteen hundred ninety-nine.\n  3. administering a public information campaign aimed at increasing\nawareness about the importance of attending licensed proprietary\nvocational schools. Such campaign shall be targeted to populations at\nrisk of enrolling in unlicensed schools, and shall be conducted using\nmeans including, but not limited to, public service announcements on\ncommercial radio and television stations, public access television, and\nprint media.\n  4. providing for the orderly maintenance of any student records which\nmay be transferred to the department pursuant to any school's plan\ndeveloped pursuant to subdivision eight of section five thousand one of\nthis article; including responding to student requests for transcripts\nand records within twenty days of receiving a request. The commissioner\nis hereby authorized to impose an appropriate fee for such transcripts\npursuant to a schedule approved by the director of the budget.\n
N.Y. PBA Law § 1115-T — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-T
Exemption from taxes, assessments and certain fees; payments in lieu of taxes
Status: in_force

§ 1115-t. Exemption from taxes, assessments and certain fees; payments\nin lieu of taxes. 1. It is hereby determined that the creation of the\nauthority and the carrying out of its corporate purposes is in all\nrespects for the benefit of the people of the city and of the state and\nis a public purpose and the authority shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall not be required to pay any taxes, special ad\nvalorem levies or special assessments upon any real property owned by it\nor any filing, recording or transfer fees or taxes in relation to\ninstruments filed, recorded or transferred by it or on its behalf. The\nauthority shall be deemed a public authority for purposes of section\nfour hundred twelve of the real property tax law.\n  2. Notwithstanding any provision in this section to the contrary, the\nauthority may pay, or may enter into agreements with any municipality to\npay, a sum or sums, annually or otherwise, or to provide other\nconsiderations to such municipality with respect to real property owned\nby the authority located within such municipality.\n  3. Any bonds issued pursuant to this title together with the income\ntherefrom shall be exempt from taxation except for transfer and estate\ntaxes. The revenues, moneys and all other property and activities of the\nauthority shall be exempt from all taxes and governmental fees or\ncharges, whether imposed by the state or any municipality, including\nwithout limitation real estate taxes, franchise taxes, sales taxes or\nother excise taxes.\n  4. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom shall be free from such taxation,\nas aforestated in subdivision three of this section, and that all\nrevenues, moneys, and other property pledged to secure the payment of\nsuch bonds shall at all times be free from such taxation as aforestated\nin such subdivision.\n
N.Y. PML Law § 1350 — New York Code / Act PML / Article 13 / Title 6 / Section 1350
Additional regulatory costs
Status: in_force

§ 1350. Additional regulatory costs. 1. Any remaining costs of the\ncommission necessary to maintain regulatory control over gaming\nfacilities that are not covered by the fees set forth in section one\nthousand three hundred forty-nine of this title; any other fees assessed\nunder this article; or any other designated sources of funding, shall be\nassessed annually on gaming licensees under this article in proportion\nto the number of gaming positions at each gaming facility. Each gaming\nlicensee shall pay the amount assessed against it within thirty days\nafter the date of the notice of assessment from the commission.\n  2. If the fees collected in section one thousand three hundred\nforty-nine of this title exceed the cost required to maintain regulatory\ncontrol, the surplus funds shall be credited in proportional shares\nagainst each gaming licensee's next assessment.\n
N.Y. PBA Law § 1147-C — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-C
Sewer authority created
Status: in_force

§ 1147-c. Sewer authority created. 1. A corporation known as the\nAlfred, Almond, Hornellsville Sewer Authority is hereby created for the\npurposes and charged with the duties and having the powers provided in\nthis title. The authority shall be a corporate governmental agency\nconstituting a public benefit corporation. The geographic boundaries of\nthe authority shall be all of the territory within the sewer districts\ncreated by section eleven hundred forty-seven-b of this title.  The\nauthority shall be governed by a board of directors consisting of eight\nmembers, two of whom shall be appointed by the mayor of the village of\nAlmond, subject to the approval of the board of trustees of the village,\ntwo of whom shall be appointed by the town board of the town of Alfred,\ntwo of whom shall be appointed by the town board of the town of Almond\nand two of whom shall be appointed by the town board of the town of\nHornellsville. One member of the authority from each town and village in\nwhich the authority is wholly or partially located shall be an elected\nmember of the legislative body of such town or village and shall hold\noffice for a single term commencing on the date of their appointment and\nexpiring on the thirty-first day of December of the third year following\nthe first day of January after their appointment. Their successors shall\nthereafter be appointed for full terms of three years. In the event any\nsuch member ceases to hold office as elected member of the legislative\nbody of such town or village, such office shall become vacant and the\nvacancy shall be filled in the same manner as the original appointment\nfor the remainder of the unexpired term.  One member shall be appointed\nby the mayor of Almond, subject to the approval of the board of\ntrustees, who shall serve a single term commencing on the date of\nappointment and ending on the thirty-first day of December following the\nfirst day of January of the second year after such appointment. His or\nher successor shall be appointed for a full three year term. One member\nshall be appointed by the town board of the town of Alfred for a single\nterm commencing on the date of the appointment and ending on the\nthirty-first day of December following the first day of January of the\nsecond year after such appointment. His or her successor shall be\nappointed for a full three year term. One member shall be appointed by\nthe town board of the town of Almond to serve a single term commencing\non the day of appointment and ending on the thirty-first day of December\nfollowing the first day of January of the year after such appointment.\nHis or her successor shall be appointed for a full three year term. One\nmember shall be appointed by the town board of the town of Hornellsville\nfor a single term commencing on the date of the appointment and ending\non the thirty-first day of December following the first day of January\nof the second year after such appointment. His or her successor shall be\nappointed for a full three year term. Each chief executive officer shall\nfile with the secretary of state a certificate of appointment of any\nmember appointed or reappointed to the board of directors within thirty\ndays of the appointment or reappointment. Members of the board of\ndirectors shall receive no compensation for their services but shall be\nentitled to reimbursement of their actual and necessary expenses,\nincurred in the discharge of their duties.\n  2. Any one or more of the members of the board of directors may be an\nofficial or an employee of a municipality situated, wholly or partially\nwithin the district. In the event that an official or an employee of\nsuch municipality shall be appointed as a member of the board of\ndirectors, acceptance or retention of such appointment shall not be\ndeemed a forfeiture of his or her municipal office or employment, or\nincompatible therewith or effect his or her tenure or compensation in\nany way.\n  3. No action shall be taken by the authority except pursuant to the\nfavorable vote of a majority of the members of the board of directors.\nSix members of the board shall constitute a quorum.  Notwithstanding the\npresence of a quorum, no action shall be taken by the board of directors\nat such meeting unless board members who were appointed by not less than\nthree different towns or villages wholly or partially within the bounds\nof the authority are present.\n  4. The powers of the authority shall be vested in and shall be\nexercised by the board of directors at a meeting duly called and held.\nThe board of directors may delegate to one or more of its members, or to\none or more of the officers, agents or employees of the authority, such\npowers and duties as it may deem proper.\n  5. The officers of the authority shall consist of a chairperson,\ntreasurer, and secretary, who may, but need not be members of the board\nof directors. The officers of the authority shall be appointed by the\nboard of directors. The board of directors may appoint and at its\npleasure remove an attorney and an engineer, which positions, in\naddition to the officers above named, shall be in the exempt class of\nthe civil service, and such additional officers and employees as it may\nrequire for the performance of its duties, fix and determine their\nqualifications, duties, compensations and terms of office or tenure,\nsubject to the provisions of the civil service law and such rules as the\ncivil service commission may adopt and make applicable to the authority.\nThe authority may also from time to time contract for expert\nprofessional services. The duties of the officers shall be as follows:\n  (a) Chairperson. The chairperson shall be the chief executive officer\nof the authority and it shall be the responsibility of the chairperson\nto:\n  (i) preside at all meetings of the board of directors and of the\nofficers;\n  (ii) manage the facilities, projects and construction of the authority\nand to effectuate the decisions of the board of directors;\n  (iii) exercise supervision over the conduct of the officers and\nemployees of the authority;\n  (iv) report annually to the residents and businesses within the bounds\nof the authority by publication once in a newspaper having general\ncirculation within the district that a report has been filed in the\noffice of the authority and in the offices of the clerks of the towns of\nAlfred, Almond and Hornellsville and the village of Almond and is\navailable for public inspection; such report shall include but not be\nlimited to the following:\n  (1) a brief financial account on operations of the sewer system\nincluding, but not limited to, sewer rates, total revenues and sources\nof such revenues, operating and maintenance expenses, outstanding\nindebtedness and interest on bonds and notes;\n  (2) the number of users of the sewer system by classification in the\nevent users are classified;\n  (3) the extensions made of the system in the previous year, if any;\n  (4) any actions taken to make any capital improvements to the system\nincluding any extension of the system;\n  (5) the types of treatment to which the sewage is subjected before\nleaving the treatment plant or plants;\n  (6) any compliance activities required by regulations of the\ndepartment of environmental conservation or the department of health or\nany local health department and any instances of noncompliance;\n  (7) the present condition of the sewer system and any appurtenances\nthereto and any significant actions, as determined by the authority, to\nimprove, extend or maintain the system;\n  (8) any special public services the authority provides during the\nyear;\n  (v) execute all contracts in the name of the authority;\n  (vi) institute, at the direction of the board of directors, all civil\nactions in the name of the authority;\n  (vii) provide for the enforcement of all rules and regulations of the\nauthority and cause all violations thereof to be prosecuted;\n  (viii) sign orders to pay claims when authorized by the board of\ndirectors;\n  (ix) sign checks in the absence or inability of the treasurer or\ndeputy treasurer, if any, when authorized by the board of directors; and\na certified copy of the resolution of the board of directors to that\neffect shall be notice to the depository of such authorization;\n  (x) appoint, subject to the approval of the board of directors,\nnon-elected officers, counsel, accountants and other financial advisors,\nengineers and other technical advisors;\n  (xi) employ, promote and discharge managers, supervisors and\nemployees; and\n  (xii) take all other reasonable and necessary actions to carry out his\nor her office as the chief executive officer of the authority. If the\nchairperson has not been appointed as a member of the board of directors\nof the authority pursuant to this section, such chairperson shall be\ndeemed an ex officio member of the board of directors. Such status shall\nnot carry with it the right to vote on matters coming before the board\nof directors nor shall the presence of such chairperson be counted for\nthe purpose of determining a quorum.\n  (b) Secretary. (i) The secretary shall be the recording and\ncorresponding officer of the authority and the custodian of the records\nof the authority.\n  (ii) The secretary shall prepare and send required notices of all\nmeetings when directed to do so by the chairperson or by the written\nrequest of four members who have specified the issues to be discussed at\nthe meeting.\n  (iii) In the absence or disability of the secretary, the chairperson\nmay appoint a temporary secretary.\n  (c) Treasurer. (i) The treasurer shall have custody of all moneys\nbelonging to the authority and keep accounts of all receipts and\nexpenditures in conformance with a uniform system of accounts formulated\nand prescribed by the comptroller pursuant to section thirty-six of the\ngeneral municipal law.\n  (ii) The treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the board of directors and the\npremium therefor shall be paid by the authority.\n  (iii) The treasurer shall deposit within ten days after receipt\nthereof, in the name of the authority, in one or more banks, and/or\ntrust companies, designated by the board of directors, all moneys\nreceived by him or her.\n  (iv) The treasurer may sign checks with the facsimile signature of the\ntreasurer, as reproduced by a machine or device, when approved and\nauthorized by the board of directors.\n  (v) The treasurer shall pay out moneys from the authority treasury\nonly as authorized by the board of directors and by law. All such\npayments, except as may be authorized by the board of directors for a\npetty cash account, shall be by check.\n  (vi) The treasurer shall issue a report on the finances of the\nauthority at each regular meeting of the board of directors.\n  (vii) The treasurer shall file in the office of the authority, within\nsixty days after the end of the fiscal year, a statement showing in\ndetail all revenues and expenditures during the previous fiscal year and\nthe outstanding indebtedness of the authority as of the end of the\nfiscal year. The members shall within ten days cause to be published\nonce in a newspaper having general circulation within the district, a\nnotice that the financial statement has been filed and is available for\ninspection or a summary of such statement in a form approved by the\ncomptroller, with an endorsement thereon that details thereof are on\nfile in the office of the authority.\n  6. The officers of the authority, other than members of the board of\ndirectors, shall receive such compensation as may be determined by the\nboard of directors and shall be reimbursed for all necessary and actual\nexpenses incurred in connection with their duties as such officers and\nin connection with carrying out the purposes of this title.\n  7. In addition to any powers granted to it by law, the governing body\nof each of the towns and of the village wholly or partially within the\nbounds of the authority, from time to time, may appropriate sums of\nmoney to defray project costs or any other costs and expenses of the\nauthority. Subject to the rights of bondholders, each governing body may\ndetermine if the moneys so appropriated shall be subject to repayment by\nthe authority to such towns and such village, and in such event, the\nmanner and time for such repayment.\n  8. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the municipalities within the bounds of the\nauthority and state, for the improvement of their health, welfare and\nprosperity and that the said purposes are a public purpose and that the\nauthority is and will be performing an essential governmental function\nin the exercise of the powers conferred upon it by this title.\n  9. (a) The mayor of the village of Almond and the supervisors of the\ntowns of Alfred, Almond and Hornellsville shall each, pursuant to the\nauthority granted to them by their respective governing boards, file on\nor before March thirty-first of the year following the year in which\nthis title shall take effect, in the office of the secretary of state, a\ncertificate signed by such mayor or supervisor setting forth: the name\nof the authority; the names of the members of the authority appointed by\nthe mayor of that village or by the town board of that town; and the\neffective date of the authority. The authority shall be perpetual in\nduration, except that if any such certificate is not filed with the\nsecretary of state on or before such date, then the corporate existence\nof the authority shall thereupon terminate and shall thereupon be deemed\nto be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the authority, all facilities, rights and\nproperty shall be disposed of as shall be agreed upon by all of the\nmembers of the authority. In the event no such agreement can be reached,\nthe issue of the disposition of such facilities, rights and property\nshall be submitted to arbitration in the manner provided by article\nseventy-five of the civil practice law and rules.\n
N.Y. PBH Law § 392 — New York Code / Act PBH / Article 3 / Title 6 / Section 392
Consolidated health district; status of existing local boards of health
Status: in_force

§ 392. Consolidated health district; status of existing local boards\nof health. 1. When any consolidated health district is established, as\nprovided in this article, the boards of health of the towns, villages or\ncities included within such district, shall thereupon cease to exist as\nboards of health, and all their rights, powers, duties and obligations\nshall thereupon be transferred to the board of health of such district.\n  2. When the board of health of any such consolidated health district\nshall have appointed a health officer therefor, the terms of office of\nthe health officers of the towns, villages or cities included in such\ndistrict shall cease, and all their rights, powers, duties and\nobligations shall thereupon be transferred to and imposed upon the\nhealth officer appointed for such consolidated health district.\n
N.Y. PBH Law § 2585 — New York Code / Act PBH / Article 25 / Title 6* / Section 2585
Federal child care and adult food progam; establishment
Status: in_force

§ 2585. Federal child care and adult food progam; establishment.\nThere is hereby established within the department the federal child care\nand adult food program for the purpose of providing nutritious meals to\nchildren and adults in or under the auspices of institutions providing\nday care.  The commissioner is authorized to develop and submit the plan\nrequired for participation in the federal child care and adult food\nprogram (42 USCS § 1766). The commissioner is authorized to take any\naction necessary or consistent with federal law, rule and regulation, to\nimplement the provisions of this title.\n
N.Y. PBH Law § 1341 — New York Code / Act PBH / Article 13 / Title 6 / Section 1341
Bathing places; safety requirements; ropes and life preservers
Status: in_force

§ 1341. Bathing places; safety requirements; ropes and life\npreservers.  1. (a) It shall be the duty of every person maintaining, as\nowner or lessee, any bathing establishment of any kind along the\nseashore of this state for the accommodation of persons for pay, to\nprovide, for the safety of such bathers, two lines of sound, serviceable\nand strong manila or hemp rope, not less than one inch in diameter,\nanchored at some point above high water, at the same distance apart as\nthe lines of bathing houses, or space fronting on such beach occupied by\nhim or them, is in width. From the two points at which such life-lines\nare so anchored, such life-lines shall be made to extend as far into the\nsurf as bathing is ordinarily safe and free from danger of drowning to\npersons not expert in swimming, and at such points of safety, such lines\nshall be anchored and buoyed. From the two points of such lines so\nextended, anchored and buoyed, a third rope shall be extended, of a\nsimilar size, connecting the two extremities, and buoyed at such points\nas to be principally above the surface of the water, thereby inclosing a\nspace within such lines and the beach within which bathing is believed\nto be safe. In addition thereto, there shall be sufficient ropes of a\nsimilar size as herein described, anchored from a point at high water\nmark and buoyed or anchored at a parallel line or within the outer cross\nrope, so as to have not more than a space of seventy-five feet from one\nrope to another; and\n  (b) Every person maintaining any such bathing establishment shall\ncause to be painted and posted in some prominent place upon the beach\nnear such bathing houses the following words: "Bathing beyond the lines\ndangerous", and\n  (c) Such lines so placed, anchored and buoyed, and such notice so\nposted, shall be so maintained and continued by every person maintaining\nany such establishment, during the entire season of surf bathing.\n  2.  (a) Every person maintaining any such bathing establishment shall\nalso keep and provide in connection therewith, for the facilitating of\nthe rescue of persons in danger of drowning, a surfboat or a personal\nwatercraft as defined in subdivision thirty of section two of the\nnavigation law and in compliance with the regulations of the\ncommissioner. A surfboat shall be not less than sixteen feet long, on\neach side of which there shall be hanging ropes arranged so that persons\nin the water can easily catch hold of same, or be supported thereby.\nSuch boats shall be equipped with two or more sets of oars and\nlife-lines and life-belts, and at least one ring buoy or life preserver,\nwith quarter-inch cotton line, not less than five hundred feet in\nlength, with suitable reel attached thereto. In addition thereto, there\nshall be anchored on the shore, a suitable reel with a half-inch cotton\nline not less than five hundred feet in length, with a life-belt\nattached thereto, kept in good order and proper condition, so that it\ncan readily be used by those assisting in saving life.\n  (b) At all bathing establishments where there are equipments for two\nhundred bathers or more, said surf or life-boat shall be stationed in\nthe water, opposite the lines, manned and in readiness for use, during\nbathing hours.\n  3. Every person maintaining any such bathing establishment shall\nemploy or otherwise engage or provide the services of a bathing master\nor life-guard at such bathing establishment, who shall be an expert\nswimmer, and who shall be in constant and watchful attendance during\nbathing hours.\n  4. The owner of a bathing establishment shall not be subject to the\nprovisions of this section when it is used, occupied or maintained by a\nlessee for hire, but such lessee shall be deemed the keeper or\nproprietor or person maintaining such bathing establishment.\n  5. Nothing in this section shall be construed in any way to affect any\nbathing establishments, in any municipality, or any bathing\nestablishments or bathing beaches operated by a regional state park\ncommission, at which there is maintained at public expense a life-saving\nguard.\n
N.Y. EDN Law § 4401 — New York Code / Act EDN / Title 6 / Article 89 / Section 4401
Definitions
Status: in_force

§ 4401. Definitions. As referred to in this article. * 1. A "child\nwith a disability" or "student with a disability" means a person under\nthe age of twenty-one who is entitled to attend public schools pursuant\nto section thirty-two hundred two of this chapter and who, because of\nmental, physical or emotional reasons can only receive appropriate\neducational opportunities from a program of special education. Such term\ndoes not include a child whose educational needs are due primarily to\nunfamiliarity with the English language, environmental, cultural or\neconomic factors. Lack of appropriate instruction in reading, including\nin the essential components of reading instruction as defined in\nsubsection three of section twelve hundred eight of the elementary and\nsecondary education act of nineteen hundred sixty-five, or lack of\nappropriate instruction in mathematics or limited English proficiency\nshall not be the determinant factor in identifying a student as a\nstudent with a disability. "Special education" means specially designed\ninstruction which includes special services or programs as delineated in\nsubdivision two of this section, and transportation, provided at no cost\nto the parents to meet the unique needs of a child with a disability. A\n"child with a handicapping condition" means a child with a disability.\n  * NB Effective until June 30, 2027\n  * 1. A "child with a disability" or "student with a disability" means\na person under the age of twenty-one who is entitled to attend public\nschools pursuant to section thirty-two hundred two of this chapter and\nwho, because of mental, physical or emotional reasons can only receive\nappropriate educational opportunities from a program of special\neducation. Such term does not include a child whose educational needs\nare due primarily to unfamiliarity with the English language,\nenvironmental, cultural or economic factors. Lack of instruction in\nreading or mathematics or limited English proficiency shall not be the\ndeterminant factor in identifying a student as a student with a\ndisability. "Special education" means specially designed instruction\nwhich includes special services or programs as delineated in subdivision\ntwo of this section, and transportation, provided at no cost to the\nparents to meet the unique needs of a child with a disability. A "child\nwith a handicapping condition" means a child with a disability.\n  * NB Effective June 30, 2027\n  2. "Special services or programs". For purposes of this article,\nspecial services or programs shall mean the following:\n  a. Special classes, transitional support services, resource rooms,\ndirect and indirect consultant teacher services, transition services as\ndefined in subdivision nine of this section, assistive technology\ndevices as defined under federal law, travel training, home instruction,\nand special teachers to include itinerant teachers as provided by the\nschools of the district of residence with such terms and services to be\ndefined by regulations of the commissioner.\n  b. Contracts with other districts for special services or programs.\n  c. Contracts with or special services or programs provided by boards\nof cooperative educational services.\n  d. Appointment by the commissioner to a state school in accordance\nwith article eighty-seven or eighty-eight of this chapter or a\nstate-supported school in accordance with article eighty-five of this\nchapter.\n  e. Contracts with private non-residential schools which have been\napproved by the commissioner and which are within the state for special\nservices or programs.\n  f. Contracts with private non-residential schools which have been\napproved by the commissioner and which are outside of the state for\nspecial services or programs.\n  g. Contracts with private residential schools which have been approved\nby the commissioner and which are within the state for special services\nor programs.\n  h. Contracts with private residential schools which have been approved\nby the commissioner and which are outside the state for special services\nor programs.\n  i. Contracts with the state university at Binghamton for\nnon-residential special services or programs at the children's unit for\ntreatment and evaluation which have been approved by the commissioner.\n  j. Provision of educational services in a residential facility for the\ncare and treatment of students with disabilities under the jurisdiction\nof a state agency other than the department.\n  * k. Related services which shall in appropriate cases be furnished to\nstudents with disabilities shall include audiology, counseling including\nrehabilitation counseling services, occupational therapy, physical\ntherapy, speech pathology, medical services as defined by regulations of\nthe commissioner, psychological services, school health services, school\nnurse services, school social work, assistive technology services as\ndefined under federal law, interpreting services, orientation and\nmobility services, parent counseling and training and other appropriate\ndevelopmental, corrective or other support services and appropriate\naccess to recreation. Such term does not include a medical device that\nis surgically implanted, the optimization of that device's functioning\n(e.g., mapping), maintenance of that device, or the replacement of such\ndevice.\n  * NB Effective until June 30, 2027\n  * k. Related services which shall in appropriate cases be furnished to\nstudents with disabilities shall include audiology, counseling including\nrehabilitation counseling services, occupational therapy, physical\ntherapy, speech pathology, medical services as defined by regulations of\nthe commissioner, psychological services, school health services, school\nsocial work, assistive technology services as defined under federal law,\norientation and mobility services, parent counseling and training and\nother appropriate developmental, corrective or other support services\nand appropriate access to recreation.\n  * NB Effective June 30, 2027\n  l. Contracts for residential or nonresidential placements with a\nspecial act school district listed in chapter five hundred sixty-six of\nthe laws of nineteen hundred sixty-seven.\n  m. Provision of nonresidential education services in Fairmount\nchildren's center, which facility has been approved by the commissioner\nfor the education of students with disabilities. Students placed under\nthe provisions of this paragraph shall not be eligible for state aid\nunder the provisions of sections thirty-six hundred two and thirty-six\nhundred two-c of this chapter.\n  n. Formalized agreements for the provision of transition services as\ndefined in subdivision nine of this section in programs such as\nvocational training programs approved by the department or by another\nstate agency. Nothing in this article shall be construed to relieve\nanother agency of responsibility to provide or pay for any transition\nservice that the agency would otherwise provide to students with\ndisabilities who meet the eligibility criteria of that agency.\n  3. "Maintenance". For purposes of this article "maintenance" shall\nmean the amount charged for room and board and allocable debt service as\ndetermined by the commissioner for the living unit of the residential\nfacility by a residential school and such reasonable medical expenses\nactually and necessarily incurred by a child with disabilities while\nactually in attendance at a residential school, provided that such\nmedical expenses shall be for diagnostic, evaluative, educationally\nrelated, and emergency care services as defined by regulations of the\ncommissioner. Such amount, which shall not include expenses which are\notherwise reimbursable to a residential facility by a federal, state or\nlocal agency, shall be approved by the commissioner of social services\nand the director of the division of the budget and shall not be\notherwise payable or reimbursable.\n  4. "Transportation expense." For the purposes of determining\ntransportation aid pursuant to this article, "transportation expense"\nshall mean any cost incurred by the school district for the\ntransportation of a child with disabilities pursuant to the provisions\nof subdivision four of section forty-four hundred two of this article,\nnotwithstanding any minimum or maximum aidable limits established by\nother provisions of the education law or pursuant to regulations of the\ncommissioner or school district, allowed pursuant to the applicable\nprovisions of parts two and three of article seventy-three of this\nchapter, provided, however, that such transportation shall not be in\nexcess of fifty miles from the home of such pupil to the appropriate\nspecial service or program unless the commissioner shall certify that no\nappropriate non-residential special service or program is available\nwithin such fifty miles, and that the commissioner may establish by\nregulation a maximum number of trips between a pupil's home and the\nprivate residential school which provides special services or programs\nto such pupil. Such cost shall include the cost of joint or regional\ntransportation provided by school districts or boards of cooperative\neducational services for such purposes and subject to the same limits.\n  5. "Tuition" shall mean the per pupil cost of all instructional\nservices, supplies and equipment, the operation of instructional\nfacilities and allocable debt service for the instructional facilities,\nas determined by the commissioner. Approved tuition shall be computed\nfrom expenditures from which no revenue has been received from the\nfollowing sources:\n  (a) receipts from the federal government;\n  (b) any cash receipts which reduce the cost of an item applied against\nthe item therefor, except gifts, donations and earned interest, and\n  (c) any refunds made or any apportionment or payment received from the\nstate for experimental or special programs as approved by the\ncommissioner.\n  6. "Excess cost" shall mean the difference between the tuition and the\nsum of the following:\n  a. the school district basic contribution as defined in subdivision\neight of this section; and\n  b. the amount of federal funds received by the school district and\nexpended for such pupil which in the judgment of the commissioner shall\nbe deemed duplicative.\n  7. "Excess cost aid ratio" for a school district shall be computed by\nsubtracting from one the product obtained by multiplying fifteen per\ncentum by the combined wealth ratio as defined in section thirty-six\nhundred two of this chapter. This aid ratio shall be expressed as a\ndecimal carried to three places without rounding, but shall not be less\nthan fifty hundredths, nor more than one.\n  8. "School district basic contribution" shall mean an amount equal to\nthe total school district local property and non-property tax levy for\nthe base year divided by the base year public school district enrollment\nof resident pupils of the school district as defined in paragraph n of\nsubdivision one of section thirty-six hundred two of this chapter,\nexcept that for the two thousand thirteen--two thousand fourteen and two\nthousand fourteen--two thousand fifteen school year and thereafter, for\nschool districts other than central high school districts and their\ncomponents, such tax levy for the base year shall be divided by the year\nprior to the base year pupil count as determined by the commissioner\npursuant to paragraph f of subdivision two of section thirty-six hundred\ntwo of this chapter for any school district in which such year prior to\nthe base year pupil count exceeds one hundred fifty percent of such base\nyear public school district enrollment of resident pupils.\n  * 9. "Transition services" shall mean a coordinated set of activities\nfor a student with a disability, designed to be within a\nresults-oriented process, that is focused on improving the academic and\nfunctional achievement of the student with a disability to facilitate\nmovement from school to post-school activities, including post-secondary\neducation, vocational education, integrated employment (including\nsupported employment), continuing and adult education, adult services,\nindependent living, or community participation. The coordinated set of\nactivities shall be based upon the student's strengths, preferences and\ninterests, and shall include instruction, related services, community\nexperiences, the development of employment and other post-school adult\nliving objectives, and, if appropriate, acquisition of daily living\nskills and provision of a functional vocational evaluation.\n  * NB Effective until June 30, 2027\n  * 9. "Transition services" shall mean a coordinated set of activities\nfor a student with a disability, designed within an outcome-oriented\nprocess, which promotes movement from school to post-school activities,\nincluding post-secondary education, vocational training, integrated\ncompetitive employment (including supported employment), continuing and\nadult education, adult services, independent living, or community\nparticipation. The coordinated set of activities shall be based upon the\nindividual student's needs, taking into account the student's\npreferences and interests, and shall include instruction, related\nservices, community experiences, the development of employment and other\npost-school adult living objectives, and, if appropriate, acquisition of\ndaily living skills and functional vocational evaluation.\n  * NB Effective June 30, 2027\n  10. Notwithstanding any inconsistent provisions of this article, where\na private not-for-profit school enters into a lease, sublease or other\nagreement with the dormitory authority pursuant to section sixteen\nhundred eighty of the public authorities law, the tuition rates\nestablished by the commissioner pursuant to this section shall be\nestablished in two parts, one part of which shall be the cost per child\nof the annual rental payment pursuant to such lease, sublease or other\nagreement to be paid by the school district or the social services\ndistrict, as the case may be, to the fund established by this chapter;\nthe remaining part shall be the tuition amount to be paid to the private\nnot-for-profit school.\n  11. Notwithstanding any inconsistent provisions of this article, where\nthe special act school district enters into a lease, sublease or other\nagreement with the dormitory authority pursuant to section four hundred\nseven-a of this chapter, the tuition rates established by the\ncommissioner pursuant to this section shall be established in two parts,\none part of which shall be the cost per child of the annual rental\npayment pursuant to such section four hundred seven-a of this chapter to\nbe paid by the school district or the social services district, as the\ncase may be, to the fund established in such section; the remaining part\nshall be the tuition amount to be paid to the special act school\ndistrict.\n
N.Y. PBA Law § 1135 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1135
Exemption from taxes, assessments and certain fees
Status: in_force

* § 1135. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the town and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes, special ad valorem levies or special\nassessments upon any property owned by it or under its jurisdiction,\ncontrol or supervision or upon its activities, or any filing, recording\nor transfer fees or taxes in relation to instruments filed, recorded or\ntransferred by it or on its behalf; provided, however, that any real\nproperty owned or under the jurisdiction, supervision or control of the\nauthority outside of the district shall be exempt from real property\ntaxes, ad valorem levies or special assessments only pursuant to and to\nthe extent provided by an agreement with the governing body of the\nmunicipality in which said real property is located. The construction,\nuse, occupation or possession of any property owned by the authority or\nthe town, including improvements thereon, by any person or public\ncorporation under a lease, lease and sublease or any other agreement\nshall not operate to abrogate or limit the foregoing exemption,\nnotwithstanding that the lessee, user, occupant or person in possession\nshall claim ownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title, together with the income\ntherefrom, shall be exempt from taxation. For purposes of this\nsubdivision, the phrase "exempt from taxation" means exempt from direct\ntaxation in conformity with established judicial interpretation of the\ntax exempt status of the obligations of the state and its agencies,\nentities, authorities and political subdivisions and thus, the meaning\nof such phrase is in conformity with the legislative intent expressed by\nsection twenty-two of chapter one hundred sixty-six of the laws of\nnineteen hundred ninety-one regarding the tax exempt status of\nobligations of the state and its agencies. The revenues, moneys and\nother properties and activities of the authority, shall be exempt from\ntaxes and governmental fees or charges, whether imposed by the state or\nany municipality, including real estate taxes, franchise taxes, sales\ntaxes or other excise taxes except as otherwise provided in subdivision\none of this section with respect to real property located outside the\ndistrict.\n  3. The state hereby covenants with the purchaser and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title that the interest thereon shall be exempt from\ntaxation. The state further covenants with the holders of such bonds\nthat all revenues, moneys, and other property pledged to secure the\npayment of such bonds shall at all times be free from such taxation. For\nthe purposes of this subdivision, the phrase "exempt from taxation"\nmeans exempt from direct taxation in conformity with established\njudicial interpretation of the tax exempt status of the obligations of\nthe state and its agencies, entities, authorities and political\nsubdivisions and thus, the meaning of such phrase is in conformity with\nthe legislative intent expressed by section twenty-two of chapter one\nhundred sixty-six of the laws of nineteen hundred ninety-one regarding\nthe tax exempt status of obligations of the state and its agencies.\n  * NB There are 2 § 1135's\n
N.Y. BNK Law § 6010 — New York Code / Act BNK / Article 15 / Title 6 / Section 6010
Selection of inspectors at stockholders' meetings
Status: in_force

§ 6010. Selection of inspectors at stockholders' meetings.  Unless\notherwise provided in the by-laws, the board, in advance of any\nstockholders' meeting, may appoint one or more inspectors to act at the\nmeeting or any adjournment thereof. If inspectors are not so appointed,\nthe person presiding at a stockholders' meeting may, and on the request\nof any stockholder entitled to vote thereat shall, appoint one or more\ninspectors. In case any person appointed fails to appear or act, the\nvacancy may be filled by appointment made by the board in advance of the\nmeeting or at the meeting by the person presiding thereat. Each\ninspector, before entering upon the discharge of his duties, shall take\nand sign an oath faithfully to execute the duties of inspector at such\nmeeting with strict impartiality and according to the best of his\nability. No director or officer of the corporation shall be eligible to\nact as an inspector of an election of directors of such corporation.\n
N.Y. RPT Law § 499-EEEEE — New York Code / Act RPT / Article 4 / Title 6 / Section 499-EEEEE
Revocation of tax abatement
Status: in_force

§ 499-eeeee. Revocation of tax abatement. 1. Notwithstanding any\nprovision of law to the contrary, the department of finance shall\nrevoke, in whole or in part, any tax abatement granted pursuant to this\ntitle whenever a designated agency has determined and notified such\ndepartment that:\n  (a) The childcare center in the eligible building of the owner whose\napplication for tax abatement has been approved has ceased operation as\na childcare center for a period exceeding one hundred eighty days of the\nabatement period, except when such childcare center ceases operation due\nto an act or event beyond the control and without any fault or\nnegligence of the childcare center or of the owner of the eligible\nbuilding in which such childcare center operates, which may include, but\nis not limited to, fire, flood, earthquake, storm or other natural\ndisaster, civil commotion, war, terrorism, riot, and labor disputes not\nbrought about by any act or omission of such childcare center or such\nowner; or\n  (b) An application, certification, report or other document submitted\nby the owner whose application for tax abatement has been approved\ncontains a false or misleading statement as to a material fact or omits\nto state any material fact necessary in order to make the statement\ntherein not false or misleading.\n  2. The department of finance may revoke, in whole or in part, any tax\nabatement granted pursuant to this title whenever it has determined that\nan owner whose application for tax abatement has been approved has\noutstanding real property taxes, water and sewer charges, payments in\nlieu of taxes or other municipal charges that have been due and owing\nduring the abatement period for a period of six months or more.\n  3. Upon a determination by a designated agency, after notice and an\nopportunity to be heard, that the childcare center in the eligible\nbuilding of the owner whose application for tax abatement has been\napproved has ceased operation as a childcare center for a period\nexceeding one hundred eighty days of the abatement period, such agency\nshall notify the department of finance of such determination no later\nthan the ninetieth day after such determination was reached.\n  4. An owner whose application for tax abatement has been approved, and\nfor whom such tax abatement has been revoked due to a false or\nmisleading statement, or an omission, pursuant to paragraph (b) of\nsubdivision one of this section, shall pay, with interest, such part of\nany tax abatement received pursuant to this title that represents the\nperiod of non-compliance as determined by the designated agency or the\ndepartment of finance, as the case may be.\n
N.Y. PBA Law § 1125 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1125
Powers of the authority
Status: in_force

* § 1125. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n  4. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold, and use any real or personal property or any interest\ntherein, as the authority may deem necessary, convenient or desirable to\ncarry out the purpose of this title; provided however, that the\nauthority may not condemn real property of a municipality without the\nconsent of the governing body of such municipality;\n  6. To purchase, in the name of the authority, any water facility or\nsewerage facility, and any improvements, extensions and betterments,\nsituated wholly within the district, provided, however, that the\nauthority shall have the power to purchase any source of supply, supply\nfacility, water supply system, transmission facility, sewerage system or\nsewerage facility or any part thereof situated wholly or partly without\nthe territorial limits of the district, provided the same shall be\nnecessary in order to supply water within the district; and in\nconnection with the purchase of such properties, the authority may\nassume any obligations of the owner of such properties and, to the\nextent required by the terms of any indentures or other instruments\nunder which such obligations were issued, the authority may assume and\nagree to perform covenants and observe the restrictions contained in\nsuch instruments; and furthermore, the owner of any properties, which\nthe authority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall have become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall have become discharged from the performance thereof, and as\na means of so acquiring for such purpose, the authority may purchase all\nof the stock of any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time;\n  7. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities or sewerage facilities and to pay the costs thereof;\n  8. To operate and manage and to contract for the operation and\nmanagement of properties of the authority;\n  9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\nowned or operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. To enter into contracts with municipalities for the collection,\ntreatment and disposal of sewerage;\n  11. To take all necessary and reasonable actions within the district\nto conserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n  12. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, and to accept, in\nits discretion, such licenses, permits or approvals as may be tendered\nto it by such agencies and officials;\n  13. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  14. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  15. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purposes\nauthorized by this title, the authority being liable only for actual\ndamage done;\n  16. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  17. To obtain, store, treat, distribute, supply and sell water for\ndomestic, commercial and public purposes at retail to individual\nconsumers within the district, and to collect, treat and discharge\nsewerage for such purposes by such generators;\n  18. To purchase water in bulk from any person, private corporation,\npublic corporation or municipality when necessary or convenient for the\noperation of such water system;\n  19. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the district; and\nto purchase water from any public corporation, town water district,\nmunicipality, person, association or corporation; provided, however,\nthat water and sewerage services may be sold at retail to individual\nconsumers only within the district and further provided that in\nexercising the powers granted by this title, the authority shall not\nsell water or sewerage services in any area outside of the town (a)\nwithout town board approval and (b) in any area which is served by a\nwater, sewerage or water and sewerage system owned or operated by a\nmunicipality or special improvement district unless the governing body\nof such municipality or district shall adopt a resolution requesting the\nauthority to sell water or sewerage services, as the case may be, in\nsuch served area;\n  20. To make and amend from time to time by-laws for the management and\nregulation of its affairs and rules and regulations for the\nconstruction, preservation and protection of the authority's water\nsupply and, subject to agreements with bondholders, rules for the sale\nof water or collection of sewerage and the collection of rents and\ncharges therefor. A copy of such rules, regulations and by-laws, and any\nrules and regulations adopted pursuant to subdivision twelve of this\nsection, and all amendments thereto, duly certified by the secretary of\nthe authority shall be filed in the office of the clerk of the town. In\naddition, the town board by local law shall have power to prescribe that\nviolation of specific by-laws, rules and regulations of the authority,\npublished once in a newspaper having a general circulation in the town,\nshall be punishable by fine, not exceeding fifty dollars, or by\nimprisonment for not longer than thirty days, or both;\n  21. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due\nthe expense of operating and maintaining the properties of the authority\ntogether with proper maintenance reserves, capital reserves, repair\nreserves, tax stabilization reserves and other contingency reserves and\nall other obligations and indebtedness of the authority;\n  22. To enter into cooperative agreements with other authorities,\nmunicipalities, water districts, utility companies, individuals, firms\nor corporations, within or without the territorial limits of the\ndistrict, for the interconnection of facilities, the exchange or\ninterchange of services and commodities, and within the territorial\nlimits of the district to enter into a contract for the construction and\noperation and maintenance of a water or sewerage system by the authority\nfor any municipality, public corporation or water or sewer district\nhaving power to construct and develop a water or sewer system, as the\ncase may be, upon such terms and conditions as shall be determined to be\nreasonable including but not limited to the reimbursement of all costs\nof such construction, or for any other lawful purpose necessary or\ndesirable to effect the purposes of this title;\n  23. To provide for the discontinuance or disconnection of water or\nsewerage service, or both, as the case may be, for non-payment of fees,\nrates, rents or other charges therefor imposed by the authority,\nprovided such discontinuance or disconnection of any water service,\nshall not be carried out except in the manner and upon the notice as is\nrequired of a waterworks corporation pursuant to subdivisions three-a,\nthree-b and three-c of section eighty-nine-b and section one hundred\nsixteen of the public service law;\n  24. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees; and\n  25. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n  * NB There are 2 § 1125's\n
N.Y. PBA Law § 1149 — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149
Short title
Status: in_force

§ 1149. Short title. This title shall be known and may be cited as the\n"Seneca county water and sewer authority act".\n
N.Y. PBA Law § 1147-L — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-L
Remedies of bondholders
Status: in_force

§ 1147-l. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to subdivision five of section eleven\nhundred forty-seven-k of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nof Allegany and proved or acknowledged in the same manner as deed to be\nrecorded, may appoint a trustee to represent the holders of such bonds\nfor the purpose herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding,\nshall in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates, fees and charges adequate\nto carry out any agreement as to, or pledge of, such rents, rates, fees\nand charges and to require the authority to carry out any other\nagreements with the holders of such bonds to perform its duties under\nthis title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of any express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The state supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county of Allegany.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenues derived from the properties.\n
N.Y. SOS Law § 422-A — New York Code / Act SOS / Article 6 / Title 6 / Section 422-A
Child abuse and neglect investigations; disclosure
Status: in_force

§ 422-a. Child abuse and neglect investigations; disclosure. 1.\nNotwithstanding any inconsistent provision of law to the contrary, the\ncommissioner or a city or county social services commissioner may\ndisclose information regarding the abuse or maltreatment of a child as\nset forth in this section, and the investigation thereof and any\nservices related thereto if he or she determines that such disclosure\nshall not be contrary to the best interests of the child, the child's\nsiblings or other children in the household and any one of the following\nfactors are present:\n  (a) the subject of the report has been charged in an accusatory\ninstrument with committing a crime related to a report maintained in the\nstatewide central register; or\n  (b) the investigation of the abuse or maltreatment of the child by the\nlocal child protective service or the provision of services by such\nservice has been publicly disclosed in a report required to be disclosed\nin the course of their official duties, by a law enforcement agency or\nofficial, a district attorney, any other state or local investigative\nagency or official or by judge of the unified court system; or\n  (c) there has been a prior knowing, voluntary, public disclosure by an\nindividual concerning a report of child abuse or maltreatment in which\nsuch individual is named as the subject of the report as defined by\nsubdivision four of section four hundred twelve of this title; or\n  (d) the child named in the report has died or the report involves the\nnear fatality of a child. For the purposes of this section, "near\nfatality" means an act that results in the child being placed, as\ncertified by a physician, in serious or critical condition.\n  2. For the purposes of this section, the following information may be\ndisclosed:\n  (a) the name of the abused or maltreated child;\n  (b) the determination by the local child protective service or the\nstate agency which investigated the report and the findings of the\napplicable investigating agency upon which such determination was based;\n  (c) identification of child protective or other services provided or\nactions, if any, taken regarding the child named in the report and his\nor her family as a result of any such report or reports;\n  (d) whether any report of abuse or maltreatment regarding such child\nhas been "indicated" as maintained by the statewide central register;\n  (e) any actions taken by the local child protective service and the\nlocal social services district in response to reports of abuse or\nmaltreatment of the child to the statewide central register including\nbut not limited to actions taken after each and every report of abuse or\nmaltreatment of such child and the dates of such reports;\n  (f) whether the child or the child's family has received care or\nservices from the local social services district prior to each and every\nreport of abuse or maltreatment of such child;\n  (g) any extraordinary or pertinent information concerning the\ncircumstances of the abuse or maltreatment of the child and the\ninvestigation thereof, where the commissioner or the local commissioner\ndetermines such disclosure is consistent with the public interest.\n  3. Information may be disclosed pursuant to this section as follows:\n  (a) information released prior to the completion of the investigation\nof a report shall be limited to a statement that a report is "under\ninvestigation";\n  (b) when there has been a prior disclosure pursuant to paragraph (a)\nof this subdivision, information released in a case in which the report\nhas been unfounded shall be limited to the statement that "the\ninvestigation has been completed, and the report has been unfounded";\n  (c) if the report has been "indicated" then information may be\nreleased pursuant to subdivision two of this section.\n  4. Any disclosure of information pursuant to this section shall be\nconsistent with the provisions of subdivision two of this section. Such\ndisclosure shall not identify or provide an identifying description of\nthe source of the report, and shall not identify the name of the abused\nor maltreated child's siblings, the parent or other person legally\nresponsible for the child or any other members of the child's household,\nother than the subject of the report.\n  5. In determining pursuant to subdivision one of this section whether\ndisclosure will be contrary to the best interests of the child, the\nchild's siblings or other children in the household, the commissioner or\na city or county social services commissioner shall consider the\ninterest in privacy of the child and the child's family and the effects\nwhich disclosure may have on efforts to reunite and provide services to\nthe family.\n  6. Whenever a disclosure of information is made pursuant to this\nsection, the city or county social services commissioner shall make a\nwritten statement prior to disclosing such information to the chief\ncounty executive officer where the incident occurred setting forth the\nparagraph in subdivision one of this section upon which he or she is\nbasing such disclosure.\n  7. Except as it applies directly to the cause of the abuse or\nmaltreatment of the child, nothing in this section shall be deemed to\nauthorize the release or disclosure of the substance or content of any\npsychological, psychiatric, therapeutic, clinical or medical reports,\nevaluations or like materials or information pertaining to such child or\nthe child's family. Prior to the release or disclosure of any\npsychological, psychiatric or therapeutic reports, evaluations or like\nmaterials or information pursuant to this subdivision, the city or\ncounty social services commissioner shall consult with the local mental\nhygiene director.\n
N.Y. PBA Law § 1123*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1123*2
Dutchess county water and wastewater authority
Status: in_force

* § 1123. Dutchess county water and wastewater authority. 1. A public\ncorporation, to be known as the "Dutchess county water and wastewater\nauthority" is hereby created for the public purpose and charged with the\nduties and having the powers provided in this title. The authority shall\nbe a body corporate and politic constituting a public benefit\ncorporation and shall be a "public district" for purposes of section\neighty-nine-l of the public service law, the objects of which in the\njudgment of the legislature cannot be attained under general laws. The\ngoverning body of the authority shall consist of a total of five voting\nmembers, two of whom shall be appointed by the county executive, without\nconfirmation of the county legislature, two of whom shall be appointed\nby the chairman of the county legislature, without confirmation of the\ncounty legislature and without county executive right to veto, and one\nof whom shall be appointed jointly by the county executive and the\nchairman of the county legislature, subject to confirmation by the\ncounty legislature, and of three non-voting ex officio members, one of\nwhom shall be the manager of the county soil and water conservation\ndistrict, one of whom shall be the executive director of the\nenvironmental management council and one of whom shall be the county\ncommissioner of planning, or their designated representatives. No voting\nmember shall, either at the time of his or her appointment or at any\ntime during which he or she shall serve as a voting member, be a member\nof the county legislature, a town board, village board of trustees, city\ncouncil, common council, board of estimate and apportionment, board of\nestimate and contract, or member of a body serving a similar function in\na city, or a member of a body serving a similar function of a sewer or\nwater district which, as of December thirty-first, nineteen hundred\nthirty-eight, possessed both the power to contract indebtedness in its\nown name and to levy taxes or benefit assessments upon real property or\nrequire the levy of such taxes or benefit assessments. The election or\nappointment of a voting member to any such office or membership shall\nresult in a vacancy in the position of such voting member effective the\ndate of the assumption of such office or membership. The first members\nappointed by the county executive shall be appointed for the following\nterms of office: one for a term ending on December thirty-first of the\nsecond year following the year in which this title shall have become law\nand one for a term ending on December thirty-first of the fifth year\nfollowing the year in which this title shall have become law. The first\nmembers appointed by the county legislature shall have the following\nterms: one for a term ending on December thirty-first of the first year\nfollowing the year in which this title shall have become law and one for\na term ending on December thirty-first of the fourth year following the\nyear in which this title shall have become law. The first member jointly\nappointed by the county executive and the county legislature shall have\na term of office ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law. Subsequent\nappointments of voting members shall be made for a term of five years\nending in each case on December thirty-first of the last year of such\nterm. No person who has served as a voting member for two consecutive\nterms shall be eligible for reappointment as a member for a third term,\nexcept after an interval of at least two years. Any initial term or\nunexpired term greater than two years shall be considered to be a five\nyear term. All voting members shall continue to hold office until their\nsuccessors are appointed and qualify. Vacancies shall be filed in the\nmanner provided for original appointment. Vacancies, occurring otherwise\nthan by expiration of term of office, shall be filled by appointment for\nthe unexpired terms. Voting members may be removed from office for the\nsame reasons and in the same manner as may be provided by law for the\nremoval of officers of the county. The members of the authority shall\nreceive no compensation for their services, but shall be reimbursed for\ntheir actual and necessary expenses incurred in connection with the\ncarrying out of the purposes of this title. The powers of the authority\nshall be vested in and be exercised by the governing body at a meeting\nduly called and held where a quorum of three voting members are present.\nNo action shall be taken except pursuant to the favorable vote of at\nleast three voting members. The governing body may delegate to one or\nmore of its members, officers, agents or employees such powers and\nduties as it may deem proper.\n  2. The officers of the authority shall consist of a chairman, who\nshall be a voting member of the authority, and a vice-chairman and a\ntreasurer, who shall be voting members of the authority, and a\nsecretary, who need not be either a voting member or a non-voting member\nof the authority. Such officers shall be appointed by the voting member\nof the governing body and shall serve in such capacities at the pleasure\nof the voting members of the governing body. In addition to the\nsecretary, the voting members of the governing body may appoint and at\npleasure remove such additional officers and employees as it may\ndetermine necessary for the performance of the powers and duties of the\nauthority and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\nvoting members of the governing body may also from time to time contract\nfor expert professional services. The treasurer shall execute a bond,\nconditioned upon the faithful performance of the duties of his or her\noffice, the amount and sufficiency of which shall be approved by the\ngoverning body and the premium therefor shall be paid by the authority.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer,\nagent or employee be deemed incompatible or in conflict with such\noffice, membership or employment and any such officer, member or\nemployee may accept such appointment and serve as a member, officer,\nagent or employee of the authority without forfeiture of any other\noffice or position of public employment by reason thereof.\n  4. (a) The county executive shall file on or before December\nthirty-first of the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the county\nexecutive setting forth: (1) the name of the authority; (2) the names of\nthe voting members initially appointed, and their terms of office; (3)\nthe names of the ex officio members, and (4) the effective date of this\ntitle. The authority shall be perpetual in duration, except that if such\ncertificate is not filed with the secretary of state on or before such\ndate, then the corporate existence of the authority shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw; provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the county.\n  5. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the county and the state for the improvement of\ntheir health, welfare and prosperity and that such purposes are public\npurposes and that the authority is and will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title.\n  * NB There are 2 § 1123's\n
N.Y. EDN Law § 4903 — New York Code / Act EDN / Title 6 / Article 99 / Section 4903
Chamber of commerce to appoint committee to serve as council
Status: in_force

§ 4903. Chamber of commerce to appoint committee to serve as council.\nThe chamber of commerce of New York is authorized to provide for and\nappoint a committee of its members to serve as a council of the nautical\nschool, whose duty it shall be, as far as may be, to advise and\ncooperate with the board of education of the city of New York in the\nestablishment and management of such school and from time to time to\nvisit and examine the same, and to communicate in respect thereof with\nthe board of education or such executive committee thereof, and to make\nreports to the chamber of commerce which may transmit to the\ncommissioner of education such reports, or any thereof, or an abstract\nof the same, with such recommendations as may be deemed advisable.\n
N.Y. PBA Law § 1120-J — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-J
State and town not liable on authority bonds
Status: in_force

§ 1120-j. State and town not liable on authority bonds. Neither the\nstate nor the town shall be liable on the bonds of the authority and\nsuch bonds shall not be a debt of the state, or the town, and such bonds\nshall contain, on the face thereof, a statement to such effect.\n
N.Y. PBA Law § 1121*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1121*2
Short title
Status: in_force

* § 1121. Short title. This title shall be known and may be cited as\nthe "Dutchess county water and wastewater authority act".\n  * NB There are 2 § 1121's\n
N.Y. PBA Law § 1147-Z — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-Z
Effect of inconsistent provisions
Status: in_force

§ 1147-z. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any charter, local law, ordinance\nor resolution of any municipality, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title. Except as specifically provided for\nin this title, in the performance of any of its functions, powers and\nduties, the authority shall be subject to all applicable general or\nspecial laws of the state, the county charter, and any local law,\nordinance or resolution of the county.\n
N.Y. PBA Law § 3634 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3634
Remedies of bondholders
Status: in_force

§ 3634. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the corporation shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe corporation shall fail or refuse to comply with the provisions of\nthis title or shall default in any agreement made with the holders of\nany issue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the corporation is located and proved\nor acknowledged in the same manner as a deed to be recorded, may appoint\na trustee to represent the holders of such bonds for the purpose\nprovided in this title.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five percent in aggregate principal amount of such bonds\noutstanding shall, in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the corporation to collect rents, rates, fees, and charges\nadequate to carry out any agreement as to, or pledge of, such rents,\nrates, fees, and charges and to require the corporation to carry out any\nother agreements with the holders of such bonds to perform its duties\nunder this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the corporation to account as if\nit were the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of the twenty-five\npercent of the aggregate principal amount of such bonds then\noutstanding, to annul such declaration and its consequences.\n  3. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth in this title or incident to the\ngeneral representation of bondholders in the enforcement and protection\nof such bondholders' rights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\ncorporation.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled, as of\nright, to the appointment of any receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all monies and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the corporation\nis under obligation to do, and to operate, maintain, and reconstruct\nsuch part or parts of the project and collect and receive all revenues\nthereafter arising therefrom, subject to any pledge or agreement with\nbondholders relating thereto, and perform the public duties and carry\nout the agreements and obligations of the corporation under the\ndirection of the court. In any suit, action, or proceeding by the\ntrustee, the fees, counsel fees, and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements, and all costs\nand disbursements, allowed by the court shall be a first charge on any\nrevenues derived from the properties.\n
N.Y. PBA Law § 1136 — New York Code / Act PBA / Article 5 / Title 6-C / Section 1136
Actions against the authority
Status: in_force

* § 1136. Actions against the authority. 1. No action or special\nproceeding shall be prosecuted or maintained against the authority for\npersonal injury or damage to real or personal property alleged to have\nbeen sustained by reason of the negligence or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless:\n  (a) a notice of claim shall have been made and served upon the\nauthority within the time limit prescribed by and in compliance with\nsection fifty-e of the general municipal law;\n  (b) it shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused; and\n  (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel, officer or employee of the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment against its bonds, shall\nbe the rate prescribed by section three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate or rates set forth in such bonds from the due\ndate thereof until paid or otherwise satisfied.\n  * NB There are 2 § 1136's\n
N.Y. PBA Law § 1115-A — New York Code / Act PBA / Article 5 / Title 6 / Section 1115-A
Definitions
Status: in_force

§ 1115-a. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Agreement" shall mean any agreement entered into by the city\npursuant to section one thousand one hundred fifteen-g or section one\nthousand one hundred fifteen-h of this title.\n  2. "Authority" shall mean the corporation created by section one\nthousand one hundred fifteen-b of this title.\n  3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title, and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  4. "City" shall mean the city of Albany.\n  5. "Common council" or "council" shall mean the common council of the\ncity.\n  6. "Civil service commission" shall mean the civil service commission\nof the city.\n  7. "Comptroller" shall mean the comptroller of the state.\n  8. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a water, sewerage or\nwater, and sewerage system or project, as the case may be; the\ninspection and supervision thereof; and the engineering, architectural,\nlegal, fiscal and economic and environmental investigations and studies,\nsurveys, designs, plans, working drawings, specifications, procedures\nand other actions preliminary or incidental thereto and claims arising\ntherefrom.\n  9. "Contracting agency" shall mean the authority or the water board,\nas the case may be.\n  10. "Cost", as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of acquiring any lands to which such buildings or structures\nmay be moved or relocated, the cost of all systems, facilities,\nmachinery, apparatus and equipment, financing charges, interest prior\nto, during and after construction to the extent not paid or provided for\nfrom revenues or other sources, the cost of engineering and\narchitectural surveys, plans and specifications, the cost of consultant\nand legal services, the cost of lease guarantee or bond insurance and\nthe cost of other expenses necessary or incidental to the construction\nof such project and the financing of the construction thereof, including\nthe amount authorized in the resolution of the authority providing for\nthe issuance of bonds to be paid into any reserve or other special fund\nfrom the proceeds of such bonds and the financing of the placing of any\nproject in operation, including reimbursement to the city, or any\nmunicipality, state agency, the state, the United States government, or\nany other person for expenditures that would be costs of the project\nhereunder.\n  11. "Governing body" shall mean the members of the authority or the\nwater board, as the case may be, constituting and acting as the\ngoverning body of the authority or the water board, as the case may be.\n  12. "Mayor" shall mean the mayor of the city.\n  13. "Municipality" shall mean any county, city, town, village,\nimprovement district under the town law, any other such instrumentality,\nincluding any agency, or public corporation of the state, or any of the\nforegoing or any combination thereof.\n  14. "Person" shall mean any natural person or any firm, partnership,\nassociation, joint venture or corporation, exclusive of public\ncorporations as defined pursuant to article two-A of the general\nconstruction law.\n  15. "Project" shall mean any water facility, sewerage facility or\nwater and sewerage facility, including the planning, development,\nfinancing or construction thereof.\n  16. "Properties" shall mean the water supply and distribution system\nor systems of the water board, and sewerage system or systems of the\nwater board, whether situated within or without the territorial limits\nof the city, including the plants, works, structures, instrumentalities\nor part thereof and appurtenances thereto, real property, water\nfacilities, sewerage facilities or any other property incidental to and\nincluded in such system or part thereof, and any improvements,\nextensions and betterments.\n  17. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands underwater, ground water, riparian\nrights and air rights and any and all things and rights included within\nsaid term and includes not only fees simple absolute, but also any and\nall lesser interests including, but not limited to, easements, rights of\nway, uses, leases, licenses and all other incorporeal hereditaments and\nevery estate, interest or right, legal or equitable, including terms for\nyears and liens thereon by way of judgments, mortgages or otherwise.\n  18. "Revenues" shall mean rates, rents, fees, charges, payments and\nother income and receipts derived from users of a water system or\nsewerage system of the city or the water board including, without\nlimiting the generality of the foregoing, investment proceeds and\nproceeds of insurance, condemnation, sale or other disposition of any\npart thereof, together with all federal, state or municipal aid\ntherefor.\n  19. "Sewage" shall mean the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such groundwater infiltration and surface water as may be\npresent. The admixture with sewage of industrial or other waste also\nshall be considered "sewage" within the meaning of this title.\n  20. "Sewerage facility" or "sewerage facilities" shall mean any\nplants, structures and other real and personal property acquired,\nrehabilitated or constructed or planned for the purpose of collecting,\ntreating and disposing of sewage, including but not limited to main,\ntrunk, intercepting, connecting, lateral, outlet or other sewers,\noutfalls, pumping stations, treatment and disposal plants, groundwater\nrecharge basins, back-flow prevention devices, sludge dewatering or\ndisposal equipment and facilities, clarifiers, filters, phosphorus\nremoval equipment, and other plants, structures, equipment, vehicles,\nconveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\ncollection, conveyance, pumping, neutralizing, storing and disposing of\nsewage.\n  21. "Sewerage system" shall mean the sewage collection, pumping,\ntreatment, neutralizing, storage and disposal system or systems owned\nby, in the possession of, or under the jurisdiction and control of the\ncity or the water board, including all additions, increases,\nenlargements, extensions or improvements thereto.\n  22. "State" shall mean the state of New York.\n  23. "State agency" shall mean any state office, department, board,\ncommission, bureau or division, or other agency or instrumentality of\nthe state.\n  24. "Water board" shall mean the corporation created by a special act\nof the state legislature at the request of the city as provided in\nsection one thousand one hundred fifteen-e of this title.\n  25. "Water facility" or "water facilities" shall mean any plants,\nstructures and other real and personal property acquired, rehabilitated,\nconstructed or planned for the purpose of accumulating, supplying,\ntransmitting, treating or distributing water, including but not limited\nto surface or groundwater reservoirs, basins, dams, canals, aqueducts,\nstandpipes, conduits, pipelines, mains, pumping stations, pumps, water\ndistribution systems, compensating reservoirs, intake stations,\nwaterworks or sources of water supply, wells, purification or filtration\nplants or other treatment plants and works, connections, water meters,\nrights of flowage or diversion and other plants, structures, equipment,\nvehicles, conveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\naccumulation, supply, transmission, treatment or distribution of water.\n  26. "Water system" shall mean the water supply and distribution system\nor systems owned by, in the possession of, or under the jurisdiction,\ncontrol and regulation of the city or the water board, including all\nadditions, increases, enlargements, extensions or improvements thereto.\n
N.Y. PBA Law § 3637 — New York Code / Act PBA / Article 10-C / Title 6 / Section 3637
Bonds; legal investments for fiduciaries
Status: in_force

§ 3637. Bonds; legal investments for fiduciaries. The bonds of the\ncorporation are hereby made securities in which all public officers and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks, and savings\nassociations, including savings and loan associations, building and loan\nassociations, investment companies, and other persons carrying on a\nbanking business, and administrators, guardians, executors, trustees,\nand other fiduciaries, and all other persons whatsoever, who are now or\nmay hereafter be authorized to invest in bonds or other obligations of\nthe state, may properly and legally invest funds, including capital in\ntheir control or belonging to them. The bonds are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of the state and all municipalities for any purposes\nfor which the deposit of bonds or other obligations of this state is now\nor hereafter may be authorized.\n
N.Y. PBA Law § 1147-E — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-E
Powers of the authority
Status: in_force

§ 1147-e. Powers of the authority. The authority shall have power:\n  1. To prepare or cause to be prepared plans, designs and estimates of\ncosts for the construction of the project, and from time to time modify\nsuch plans, designs or estimates.\n  2. To construct the project and any additions, betterments and\nextensions to the facilities of the authority by contract or contracts,\nor through or by means of its own officers, agents and employees.\n  3. To have jurisdiction, control, possession and supervision of any\nexisting sewer system acquired by the authority and the project; to\nmaintain, operate, reconstruct and improve the same as a comprehensive\nsewerage system and to make additions, betterments and extensions\nthereto, and to have all the rights, privileges and jurisdiction\nnecessary or proper for carrying such power into execution. No\nenumeration of powers in this or any other general, special or local law\nshall operate to restrict the meaning of this general grant of power or\nto exclude other powers comprehended within this general grant.\n  4. To sue and be sued.\n  5. To have a seal and alter the same at pleasure.\n  6. To borrow money and issue negotiable notes, bonds or other\nobligations and provide for the rights of the holders thereof.\n  7. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title.\n  8. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law, lease\nas lessee, hold and use and to sell, lease as lessor, transfer or\notherwise dispose of, any real or personal property or any interest\ntherein, within or without the district, as the authority may deem\nnecessary, convenient or desirable to carry out the purposes of this\ntitle; provided, however, that the authority may not condemn real\nproperty of a municipality without the consent of the governing body of\nsuch municipality.\n  9. To purchase in the name of the authority, any sewer system,\nincluding but not limited to trunk, intercepting and connecting, lateral\nand outlet sewers, pumping and ventilating stations, disposal or\ntreatment plants or works, and other appliances and structures, which in\nthe judgment of the authority will provide an effective and advantageous\nmeans of relieving the area within the bounds of the authority,\nincluding surface and ground waters from inadequate sanitary drainage\nand for the sanitary disposal or treatment of the sewage thereof, or\nsuch sections or parts of such system as the authority may from time to\ntime deem it proper or convenient.\n  10. To construct, improve or rehabilitate sewage disposal facilities\nand appurtenances required for the maintenance, development or expansion\nof the sewage disposal system within the bounds of the authority.\n  11. To operate and manage and to contract for the operation and\nmanagement of facilities of the authority.\n  12. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of sewerage disposal with municipalities and private\nindividuals or corporations.\n  13. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approval of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials.\n  14. To take all necessary and reasonable actions within the bounds of\nthe authority to protect from pollution surface and ground waters within\nthe district, including the making of plans and studies, the adoption of\nrules and regulations relating to the disposal of sewage, the enforcing\nof compliance with all current and future rules and regulations of the\nstate sanitary code with regard to sewage disposal, and the providing of\neducational materials and programs to the public relating to sewage\ndisposal.\n  15. To retain or employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice.\n  16. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto.\n  17. To make by-laws for the management and regulation of its affairs\nand rules and regulations for the conservation, preservation and\nprotection of the authority's property, facilities and personnel and,\nsubject to agreements with bondholders, rules, regulations and by-laws\nrelating to the use of the facilities of the authority, including use of\nthe sewer system including the imposition and collection of rents and\ncharges therefor. A copy of each rule or regulation and each by-law and\nall amendments thereto, duly certified by the secretary of the\nauthority, shall be filed in the office of the municipalities within the\ndistrict and thereafter a summary thereof shall be published once in a\nnewspaper having general circulation in the district. Such notice shall\nstate that a copy of such rule or regulation, by-law or amendment is on\nfile in the office of each municipality in the district and available\nfor public review.  Violations of such rules and regulations shall be\npunishable by fine, not exceeding fifty dollars.\n  18. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal and interest on the bonds, or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying as the same shall become due,\nthe expense of operating and maintaining the properties of the authority\ntogether with proper maintenance reserves, capital reserves, repair\nreserves, and other contingency reserves, and all other obligations and\nindebtedness of the authority; however, no such rates or charges shall\nbe changed until a public hearing on such changes shall have been held\nupon not less than fourteen days notice thereof to each customer, either\nby mail or by publication once in a newspaper having general circulation\nwithin the bounds of the authority.\n  19. To accept gifts, grants, loans or contributions from the United\nStates, the state or any agency or instrumentality of either of them, or\nany municipality or from any person or corporation, by bequest or\notherwise, and to expend the proceeds for the purposes of the authority.\n  20. To contract with any town or village wholly or partially within\nthe bounds of the authority for the purpose of undertaking or paying for\nany capital improvements made by the authority or its agents and such\ncontract may provide, among other things consistent with the purposes of\nthis title, (a) that any town, acting on behalf of any sewer district\nwithin the bounds of the authority, shall pay the districts agreed share\nof the cost of such capital improvements and such town shall have the\nauthority to levy and collect special assessments upon real property\nwithin that area of the town which is benefited by such sewer facilities\nand pay such assessments to the authority as provided in such contract,\nand (b) that any village within the bounds of the authority shall pay\nits agreed share of the cost of such capital improvements and such\nvillage shall have the authority to levy and collect special assessments\nupon real property within the village which is benefited by such sewer\nfacilities and pay such special assessments to the authority as provided\nin such contract. In order to carry out the terms of any such contract\neach town board shall have the authority to levy special assessments\nupon the lands benefited in the same manner as special assessments are\nlevied for district improvements within a town and each board of\ntrustees shall have the authority to levy special assessments upon the\nlands benefited in the manner provided in article fourteen of the\nvillage law.\n  21. To enter into cooperative agreements with other authorities,\nmunicipalities, sewer districts and other public corporations for the\ninterconnection of facilities, the exchange or interchange of services\nand commodities and, within the territorial limits of the authority,\nenter into contracts for the construction and operation and maintenance\nof all or a portion of the sewer system, upon such terms and conditions\nas shall be determined to be reasonable including but not limited to the\nreimbursement of all costs of such construction, or for any other lawful\npurposes necessary or desirable to effect the purposes of this title.\n  22. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damages done.\n  23. For the purposes of article fifteen-A of the executive law only\nthe authority shall be deemed a state agency as that term is defined in\nsuch article and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n  24. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n
N.Y. EDN Law § 4310 — New York Code / Act EDN / Title 6 / Article 87 / Section 4310
Applications for admission
Status: in_force

§ 4310. Applications for admission.  Applications for admission into\nthe school shall be made to the education department in such manner as\nit may direct, but the department shall require each such application to\nbe accompanied by a certificate from the county judge or county clerk of\nthe county, or the supervisor or town clerk of the town, or the mayor of\nthe city, where the applicant resides, setting forth that the applicant\nis a legal resident of the town, county and state claimed as his\nresidence.\n
N.Y. LAB Law § 576 — New York Code / Act LAB / Article 18 / Title 6 / Section 576
Time limitations
Status: in_force

§ 576. Time limitations. 1. Determinations of liability for\ncontributions. No determination of liability for contributions pursuant\nto section five hundred sixty of this article shall be made more than\nthree years after the last day of the calendar year in which the wages\non which such liability is based were paid, except as provided in\nsubdivision three of this section.\n  2. Determinations of amount of contributions. No determination\npursuant to section five hundred seventy-one of this article of the\namount of contributions due shall be made more than three years after\nthe last day of the calendar year in which the wages on which such\ncontributions are based were paid except as provided in subdivision\nthree of this section.\n  3. Determinations of liability for and amount of contributions after\ncontest. If an employer contests a determination of liability for\ncontributions, a determination of liability for and the amount of\ncontributions due for the contested period and subsequent periods may be\nmade at any time prior to the latter of the following:\n  (a) three years after the last day of the calendar year in which the\nwages on which such contributions are based were paid; or\n  (b) two years after the last day of the calendar year in which such\ndetermination of liability for contributions became final and\nirrevocable.\n  4. Determinations of penalties. No determination of the amount of any\npenalty imposed for the failure of an employer to submit reports as\nrequired by section five hundred seventy-five of this article shall be\nmade more than one year after the last day of the calendar year in which\nsuch reports were due.\n  5. Enforcement of payment of contributions. Payment of contributions\ndue on the basis of wages reported by the employer, and payment of\ncontributions due on the basis of a determination made pursuant to\nsection five hundred seventy-one of this article within the time limit\nprovided in subdivisions two and three of this section may be enforced\nby civil action or through warrant proceedings only if such action is\nbegun or such warrant is filed within two years after the last day of\nthe calendar year in which such report was received by the commissioner\nor in which such determination became final and irrevocable.\n  6. Enforcement of payment of penalties. Payment of penalties may be\nenforced by civil action or through warrant proceedings only if such\naction is begun or such warrant is filed within two years after the last\nday of the calendar year in which the determination of the amount of the\npenalty became final and irrevocable.\n  7. Enforcement of payment after extension agreement. If a deferred\npayment agreement has been entered into by the employer the payment\nwhich is the subject of the agreement may be enforced by civil action or\nthrough warrant proceedings if such action is begun or such warrant is\nfiled within two years after the last day of the calendar year in which\nthe final payment was due pursuant to such agreement.\n  8. Fraud. The provisions of this section shall not apply if the\nemployer, with intent to defraud, fails to file prescribed contribution\nreports or files false reports.\n  9. Date of determination. For the purpose of this section no\ndetermination shall be deemed to have been made until the date upon\nwhich notice of such determination is mailed or delivered personally to\nthe employer affected thereby.\n
N.Y. PBA Law § 1120-P — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-P
Contracts
Status: in_force

§ 1120-p. Contracts. 1. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the authority pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the authority may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the authority.\n  2. The bidder whose bid is accepted shall give security for the\nfaithful performance of the contract, and such other security as the\nauthority may require, and may be required to maintain any construction\ndone under the contract for such period as shall be stipulated, all in\nthe manner prescribed and required by the authority, and the sufficiency\nof such security shall, in addition to the justification and\nacknowledgment, be approved by the authority. All bids or proposals\nshall be publicly opened by the governing body or its duly authorized\nagent. If the bidder whose bid or proposal has been accepted after\nadvertising shall neglect or refuse to accept the contract within five\ndays after written notice that the contract has been awarded to him on\nhis bid or proposal, or if he accepts but does not execute the contract\nand give proper security, the authority shall have the right to declare\nhis deposit forfeited. In case any work shall be abandoned by any\ncontractor, the authority may, if it determines that the public interest\nis thereby served, adopt on behalf of the authority any or all\nsubcontracts made by such contractor for such work and all such\nsubcontractors shall be bound by such adoption, if made. Every contract\ninvolving an expenditure of more than five thousand dollars when made\nand entered into as herein provided for shall be executed in duplicate,\none copy of which shall be held by the authority and one copy of which\nshall be delivered to the contractor. The authority may adopt, utilize,\nratify and confirm any request for proposals, invitation for sealed\nbids, plans, specifications and notices heretofore or hereafter\npublished by the town with respect to any proposed project, and the\nauthority may adopt, utilize, ratify, accept and confirm any bids or\nproposals submitted to the town and heretofore or hereafter received and\npublicly opened by the town. The provisions of this section shall\nsupersede any inconsistent provisions of the general municipal law, and\nother general, special or local law, or the charter of the town;\nprovided, however, the provisions of the ethics law of the town shall\napply to the authority and its members. The authority shall be deemed to\nbe an authority for purposes of section twenty-eight hundred\nseventy-eight of this chapter.\n
N.Y. PBA Law § 1136*2 — New York Code / Act PBA / Article 5 / Title 6-C* / Section 1136*2
Construction and purchase contracts
Status: in_force

* § 1136. Construction and purchase contracts. The authority shall let\ncontracts for construction or purchase of supplies, materials or\nequipment pursuant to sections one hundred one and one hundred three of\nthe general municipal law. Nothing in this section shall be construed to\nlimit the powers of the authority to do any construction directly by the\nofficers, agents and employees of the authority.\n  * NB There are 2 § 1136's\n
N.Y. PBH Law § 2164 — New York Code / Act PBH / Article 21 / Title 6 / Section 2164
Definitions; immunization against poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Haemophilus influenzae type b (Hib), per...
Status: in_force

§ 2164. Definitions; immunization against poliomyelitis, mumps,\nmeasles, diphtheria, rubella, varicella, Haemophilus influenzae type b\n(Hib), pertussis, tetanus, pneumococcal disease, meningococcal disease,\nand hepatitis B. 1. As used in this section, unless the context requires\notherwise:\n  a. The term "school" means and includes any public, private or\nparochial child caring center, day nursery, day care agency, nursery\nschool, kindergarten, elementary, intermediate or secondary school.\n  b. The term "child" shall mean and include any person between the ages\nof two months and eighteen years.\n  c. The term "person in parental relation to a child" shall mean and\ninclude his father or mother, by birth or adoption, his legally\nappointed guardian, or his custodian. A person shall be regarded as the\ncustodian of a child if he has assumed the charge and care of the child\nbecause the parents or legally appointed guardian of the minor have\ndied, are imprisoned, are mentally ill, or have been committed to an\ninstitution, or because they have abandoned or deserted such child or\nare living outside the state or their whereabouts are unknown, or have\ndesignated the person pursuant to title fifteen-A of article five of the\ngeneral obligations law as a person in parental relation to the child.\n  d. The term "health practitioner" shall mean any person authorized by\nlaw to administer an immunization.\n  2. a. Every person in parental relation to a child in this state shall\nhave administered to such child an adequate dose or doses of an\nimmunizing agent against poliomyelitis, mumps, measles, diphtheria,\nrubella, varicella, Haemophilus influenzae type b (Hib), pertussis,\ntetanus, pneumococcal disease, and hepatitis B, in accordance with\nregulations issued by the commissioner, utilizing generally accepted\nmedical standards and taking into consideration recommendations of the\nAmerican Academy of Pediatrics, the American Academy of Family\nPhysicians, the American College of Obstetricians and Gynecologists, the\nAmerican College of Physicians, the Advisory Committee on Immunization\nPractices, and/or other similar nationally or internationally recognized\nscientific organizations.\n  b. Every person in parental relation to a child in this state born on\nor after January first, nineteen hundred ninety-four and entering sixth\ngrade or a comparable age level special education program with an\nunassigned grade on or after September first, two thousand seven, shall\nhave administered to such child a booster immunization containing\ndiphtheria and tetanus toxoids, and an acellular pertussis vaccine, in\naccordance with regulations issued by the commissioner, utilizing\ngenerally accepted medical standards and taking into consideration\nrecommendations of the American Academy of Pediatrics, the American\nAcademy of Family Physicians, the American College of Obstetricians and\nGynecologists, the American College of Physicians, the Advisory\nCommittee on Immunization Practices, and/or other similar nationally or\ninternationally recognized scientific organizations.\n  c. Every person in parental relation to a child in this state entering\nor having entered seventh grade and twelfth grade or a comparable age\nlevel special education program with an unassigned grade on or after\nSeptember first, two thousand sixteen, shall have administered to such\nchild an adequate dose or doses of immunizing agents against\nmeningococcal disease in accordance with regulations issued by the\ncommissioner, utilizing generally accepted medical standards and taking\ninto consideration recommendations of the American Academy of\nPediatrics, the American Academy of Family Physicians, the American\nCollege of Obstetricians and Gynecologists, the American College of\nPhysicians, the Advisory Committee on Immunization Practices, and/or\nother similar nationally or internationally recognized scientific\norganizations.\n  3. The person in parental relation to any such child who has not\npreviously received such immunization shall present the child to a\nhealth practitioner and request such health practitioner to administer\nthe necessary immunization against poliomyelitis, mumps, measles,\ndiphtheria, Haemophilus influenzae type b (Hib), rubella, varicella,\npertussis, tetanus, pneumococcal disease, meningococcal disease, and\nhepatitis B as provided in subdivision two of this section.\n  4. If any person in parental relation to such child is unable to pay\nfor the services of a private health practitioner, such person shall\npresent such child to the health officer of the county in which the\nchild resides, who shall then administer the immunizing agent without\ncharge.\n  5. The health practitioner who administers such immunizing agent\nagainst poliomyelitis, mumps, measles, diphtheria, Haemophilus\ninfluenzae type b (Hib), rubella, varicella, pertussis, tetanus,\npneumococcal disease, meningococcal disease, and hepatitis B to any such\nchild shall give a certificate of such immunization to the person in\nparental relation to such child.\n  6. In the event that a person in parental relation to a child makes\napplication for admission of such child to a school or has a child\nattending school and there exists no certificate or other acceptable\nevidence of the child's immunization against poliomyelitis, mumps,\nmeasles, diphtheria, rubella, varicella, hepatitis B, pertussis,\ntetanus, and, where applicable, Haemophilus influenzae type b (Hib),\nmeningococcal disease, and pneumococcal disease, the principal, teacher,\nowner or person in charge of the school shall inform such person of the\nnecessity to have the child immunized, that such immunization may be\nadministered by any health practitioner, or that the child may be\nimmunized without charge by the health officer in the county where the\nchild resides, if such person executes a consent therefor. In the event\nthat such person does not wish to select a health practitioner to\nadminister the immunization, he or she shall be provided with a form\nwhich shall give notice that as a prerequisite to processing the\napplication for admission to, or for continued attendance at, the school\nsuch person shall state a valid reason for withholding consent or\nconsent shall be given for immunization to be administered by a health\nofficer in the public employ, or by a school physician or nurse. The\nform shall provide for the execution of a consent by such person and it\nshall also state that such person need not execute such consent if\nsubdivision eight of this section applies to such child.\n  7. (a) No principal, teacher, owner or person in charge of a school\nshall permit any child to be admitted to such school, or to attend such\nschool, in excess of fourteen days, without the certificate provided for\nin subdivision five of this section or some other acceptable evidence of\nthe child's immunization against poliomyelitis, mumps, measles,\ndiphtheria, rubella, varicella, hepatitis B, pertussis, tetanus, and,\nwhere applicable, Haemophilus influenzae type b (Hib), meningococcal\ndisease, and pneumococcal disease; provided, however, such fourteen day\nperiod may be extended to not more than thirty days for an individual\nstudent by the appropriate principal, teacher, owner or other person in\ncharge where such student is transferring from out-of-state or from\nanother country and can show a good faith effort to get the necessary\ncertification or other evidence of immunization.\n  (b) A parent, a guardian or any other person in parental relationship\nto a child denied school entrance or attendance may appeal by petition\nto the commissioner of education in accordance with the provisions of\nsection three hundred ten of the education law.\n  8. If any physician licensed to practice medicine in this state\ncertifies that such immunization may be detrimental to a child's health,\nthe requirements of this section shall be inapplicable until such\nimmunization is found no longer to be detrimental to the child's health.\n  8-a. Whenever a child has been refused admission to, or continued\nattendance at, a school as provided for in subdivision seven of this\nsection because there exists no certificate provided for in subdivision\nfive of this section or other acceptable evidence of the child's\nimmunization against poliomyelitis, mumps, measles, diphtheria, rubella,\nvaricella, hepatitis B, pertussis, tetanus, and, where applicable,\nHaemophilus influenzae type b (Hib), meningococcal disease, and\npneumococcal disease, the principal, teacher, owner or person in charge\nof the school shall:\n  a. forward a report of such exclusion and the name and address of such\nchild to the local health authority and to the person in parental\nrelation to the child together with a notification of the responsibility\nof such person under subdivision two of this section and a form of\nconsent as prescribed by regulation of the commissioner, and\n  b. provide, with the cooperation of the appropriate local health\nauthority, for a time and place at which an immunizing agent or agents\nshall be administered, as required by subdivision two of this section,\nto a child for whom a consent has been obtained. Upon failure of a local\nhealth authority to cooperate in arranging for a time and place at which\nan immunizing agent or agents shall be administered as required by\nsubdivision two of this section, the commissioner shall arrange for such\nadministration and may recover the cost thereof from the amount of state\naid to which the local health authority would otherwise be entitled.\n  10. The commissioner may adopt and amend rules and regulations to\neffectuate the provisions and purposes of this section.\n  11. Every school shall annually provide the commissioner, on forms\nprovided by the commissioner, a summary regarding compliance with the\nprovisions of this section.\n
N.Y. EDN Law § 4110 — New York Code / Act EDN / Title 6 / Article 83 / Section 4110
Attendance officers
Status: in_force

§ 4110. Attendance officers.  1. The principal teacher of the Indian\nschools on each reservation shall supervise the enforcement of this\narticle within said reservation and shall appoint, subject to the\napproval of the commissioner of education, and remove at pleasure such\nnumber of attendance officers as the commissioner of education shall\ndeem necessary, whose jurisdictions shall extend over all school\ndistricts on the reservation for which they shall be appointed.  Such\nprincipal teachers are also vested with the same power and authority as\nthe attendance officers appointed by them.\n  2. If the education of Indian children of the reservation shall be\nprovided pursuant to the provisions of subdivision two of section\nforty-one hundred one of this chapter, the attendance officer or\nofficers of the school district providing such education shall have\njurisdiction over all Indian children on the reservation.  Such\nattendance officers shall not, however, be entitled to receive from the\ncommissioner of education the payment for services provided in section\nforty-one hundred fourteen of this chapter.\n  3. The commissioner of education may appoint and remove at pleasure\nsuch attendance officers as he shall deem necessary, who shall have\njurisdiction over all children other than Indian children on the\nreservation for which they shall be appointed.  Such attendance officers\nshall receive such sum per day or part thereof as shall be fixed by the\ncommissioner of education for each day or part thereof necessarily\nemployed as such attendance officers.  Compensation of attendance\nofficers herein provided for shall be audited by the commissioner of\neducation and paid in the same manner as other expenses incurred\npursuant to this article.\n
N.Y. PBA Law § 1120-N — New York Code / Act PBA / Article 5 / Title 6-B / Section 1120-N
Exemption from taxes, assessments and certain fees
Status: in_force

§ 1120-n. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the town and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes, special ad valorem levies or special\nassessments upon any property owned by it or under its jurisdiction,\ncontrol or supervision or upon its activities, or any filing, recording\nor transfer fees or taxes in relation to instruments filed, recorded or\ntransferred by it or on its behalf; provided, however, that any real\nproperty owned or under the jurisdiction, supervision or control of the\nauthority outside of the district shall be exempt from real property\ntaxes, ad valorem levies or special assessments only pursuant to and to\nthe extent provided by an agreement with the governing body of the\nmunicipality in which said real property is located. The construction,\nuse, occupation or possession of any property owned by the authority or\nthe town, including improvements thereon, by any person or public\ncorporation under a lease, lease and sublease or any other agreement\nshall not operate to abrogate or limit the foregoing exemption,\nnotwithstanding that the lessee, user, occupant or person in possession\nshall claim ownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title, together with the income\ntherefrom, shall be exempt from taxation. For purposes of this\nsubdivision, the phrase "exempt from taxation" means exempt from direct\ntaxation in conformity with established judicial interpretation of the\ntax exempt status of the obligations of the state and its agencies,\nentities, authorities and political subdivisions and thus, the meaning\nof such phrase is in conformity with the legislative intent expressed by\nsection twenty-two of chapter one hundred sixty-six of the laws of\nnineteen hundred ninety-one regarding the tax exempt status of\nobligations of the state and its agencies. The revenues, moneys and\nother properties and activities of the authority shall be exempt from\ntaxes and governmental fees or charges, whether imposed by the state or\nany municipality, including real estate taxes, franchise taxes, sales\ntaxes or other excise taxes except as otherwise provided in subdivision\none of this section with respect to real property located outside the\ndistrict.\n  3. The state hereby covenants with the purchaser and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title that the interest thereon shall be exempt from\ntaxation.  The state further covenants with the holders of such bonds\nthat all revenues, moneys, and other property pledged to secure the\npayment of such bonds shall at all times be free from such taxation.\nFor purposes of this subdivision, the phrase "exempt from taxation"\nmeans exempt from direct taxation in conformity with established\njudicial interpretation of the tax exempt status of the obligations of\nthe state and its agencies, entities, authorities and political\nsubdivisions and thus, the meaning of such phrase is in conformity with\nthe legislative intent expressed by section twenty-two of chapter one\nhundred sixty-six of the laws of nineteen hundred ninety-one regarding\nthe tax exempt status of obligations of the state and its agencies.\n
N.Y. VAT Law § 601 — New York Code / Act VAT / Title 6 / Article 22 / Section 601
Leaving scene of injury to certain animals without reporting
Status: in_force

§ 601. Leaving scene of injury to certain animals without reporting.\nAny person operating a motor vehicle which shall strike and injure any\nhorse, dog, cat or animal classified as cattle shall stop and endeavor\nto locate the owner or custodian of such animal or a police, peace or\njudicial officer of the vicinity, and take any other reasonable and\nappropriate action so that the animal may have necessary attention, and\nshall also promptly report the matter to such owner, custodian or\nofficer (or if no one of such has been located, then to a police officer\nof some other nearby community), exhibiting his or her license and\ninsurance identification card for such vehicle, when such card is\nrequired pursuant to articles six and eight of this chapter, giving his\nor her name and residence, including street and street number, insurance\ncarrier and insurance identification information and license number. In\naddition to the foregoing, any such person shall also: (i) (A) produce\nthe proof of insurance coverage required pursuant to article\nforty-four-B of this chapter if such person is a TNC driver operating a\nTNC vehicle at the time of the incident who was (1) logged on to the\nTNC's digital network but not engaged in a TNC prearranged trip or (2)\nwas engaged in a TNC prearranged trip; and (B) disclose whether he or\nshe, at the time such incident occurred, was (1) logged on to the TNC's\ndigital network but not engaged in a TNC prearranged trip or (2) was\nengaged in a TNC prearranged trip, or (ii) (A) produce the proof of\ninsurance coverage required pursuant to article forty of the general\nbusiness law if such person is a shared vehicle owner or shared vehicle\ndriver operating a shared vehicle during a peer-to-peer car sharing\nperiod while the incident occurred; and (B) disclose whether he or she,\nat the time such incident occurred, was operating a shared vehicle\nduring a peer-to-peer car sharing period. Violation of this section\nshall be punishable by a fine of not more than one hundred dollars for a\nfirst offense and by a fine of not less than fifty nor more than one\nhundred fifty dollars for a second offense and each subsequent offense;\nprovided, however where the animal that has been struck and injured is a\nguide dog, hearing dog or service dog, as such terms are defined in\nsection forty-seven-b of the civil rights law which is actually engaged\nin aiding or guiding a person with a disability, a violation of this\nsection shall be punishable by a fine of not less than fifty nor more\nthan one hundred fifty dollars for a first offense and by a fine of not\nless than one hundred fifty dollars nor more than three hundred dollars\nfor a second offense and each subsequent offense.\n
N.Y. EDN Law § 4307 — New York Code / Act EDN / Title 6 / Article 87 / Section 4307
Superintendent, personnel of the faculty, and salaries
Status: in_force

§ 4307. Superintendent, personnel of the faculty, and salaries. 1.\nThere shall continue to be a superintendent of such school, who shall be\nthe chief executive officer of the school, under the jurisdiction and\ncontrol of the education department. He shall be appointed by the board\nof regents, upon the recommendation of the board of visitors submitted\nto and approved by the commissioner of education. A superintendent may\nbe removed by the board of regents, subject to the approval of the board\nof visitors and the commissioner of education. Subject to the rules of\nthe board of regents, such superintendent shall have the supervision and\nmanagement of the school, appoint and remove all subordinate officers,\nteachers and employees thereof, prescribe their duties, fix their\ncompensation, except as provided for hereinafter, within the amount of\nthe appropriations made therefor and have and perform all the powers and\nduties prescribed by law for the superintendent of such school.\n  2. The commissioner of education shall have power, in conformity with\nregulations approved by the regents, to appoint all other needed\nofficers and employees and determine their duties. The commissioner\nshall by regulations approved as aforesaid, establish for positions in\nthe unclassified service in such department as certified by him pursuant\nto section thirty-five of the civil service law, suitable personnel\nprocedures and conditions of employment including:\n  a. A classification plan which shall include titles, duties and\nminimum qualifications.\n  b. A salary plan which shall include minimum and maximum salaries and\nincrements and procedures for adjustment of salaries on appointment,\npromotion and reassignment.\n  c. Regulations for appointments, promotions, probation, permanent\ntenure, disciplinary action and attendance.\n  d. Such other rules and regulations as may be necessary for carrying\nout the provisions of this section.\n  The regulations establishing such salary plan shall be subject to the\napproval of the director of the budget.\n  3. With the approval of the commissioner of education and the\nsuperintendent an instructor may be granted a leave of absence for\ntravel or for study, on part pay as determined by the regents, provided\nsuch instructor agrees to remain in the service of the state not less\nthan two years immediately following the expiration of such leave. The\nbalance of the salaries appropriated for such instructors, or so much\nthereof as may be necessary, may be applied by the commissioner of\neducation during the period of such absence for the payment of the\nsalaries of substitute instructors employed in such school to take the\nplaces of the instructors to whom leaves of absence have been granted as\nprovided herein.\n  4. The commissioner of education shall, subject to the approval of the\ndirector of the budget, determine the amount to be deducted from the\nsalaries provided above for the maintenance of personnel at the school.\n
N.Y. PBA Law § 1149-A — New York Code / Act PBA / Article 5 / Title 6-E / Section 1149-A
Definitions
Status: in_force

§ 1149-a. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section one\nthousand one hundred forty-nine-c of this title.\n  2. "Board" shall mean the members of the authority constituting and\nacting as the governing board of the authority.\n  3. "Board of supervisors" shall mean the board of supervisors of\nSeneca county.\n  4. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title, and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  5. "Civil service commission" shall mean the civil service commission\nof the county of Seneca.\n  6. "Comptroller" shall mean the comptroller of the state of New York.\n  7. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a water, sewerage or water and sewerage facility, as the case may be;\nthe inspection and supervision thereof; and the engineering,\narchitectural, legal, appraisal, fiscal, economic and environmental\ninvestigations, services and studies, surveys, designs, plans, working\ndrawings, specifications, procedures and other actions preliminary or\nincidental thereto.\n  8. "Costs", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of acquiring any land to which such buildings or structures may\nbe moved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges, interest prior to, during\nand after construction to the extent not paid or provided for from\nrevenues or other sources, the cost of engineering and architectural\nsurveys, plans and specifications, the cost of consultant and legal\nservices, the cost of lease guarantee or bond insurance or other credit\nenhancement associated with bonds of the authority (including notes) and\nthe cost of other expenses necessary or incidental to the construction\nof such project and the financing of the construction thereof, including\nthe amount authorized in the resolution of the authority providing for\nthe issuance of bonds to be paid into any reserve or other special fund\nfrom the proceeds of such bonds and the financing of the placing of any\nproject in operation, including the reimbursement to the county, or any\nmunicipality, state agency, the state, the United States government, or\nany other person for expenditures made by them that would be costs of\nthe project hereunder.\n  9. "County" shall mean the county of Seneca.\n  10. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  11. "District" shall mean the Seneca county water and sewer authority\ndistrict created by section eleven hundred forty-nine-b of this title.\n  12. "Governing body" shall mean:\n  (a) In the case of a city, county, town or village or district\ncorporation the finance board as such term is defined in the local\nfinance law;\n  (b) In the case of a public benefit corporation, the members thereof.\n  13. "Members" shall mean the members of the board.\n  14. "Municipality" shall mean any county, city, town, village,\nimprovement district under the town law, any other such instrumentality,\nincluding any agency or public corporation of the state, or any of the\nforegoing or any combination thereof.\n  15. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  16. "Real property" shall mean lands, structures, franchises, rights\nand interests in land, waters, lands underwater, groundwater, riparian\nrights and air rights and any and all things and rights included within\nsaid term "real property" and includes not only fee simple absolute, but\nalso any and all lesser interests including, but not limited to,\neasements, rights-of-way, uses, leases, licenses and all other\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages or otherwise.\n  17. "State sanitary code" shall mean regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  18. "Sewage" means the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such groundwater infiltration and surface water as may be\npresent. The admixture with sewage of industrial or other waste also\nshall be considered "sewage" within the meaning of this title.\n  19. "Sewerage facility" or "sewerage facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of collecting, conveying,\npumping, treating, neutralizing, storing and disposing of sewage,\nincluding but not limited to main, trunk, intercepting, connecting,\nlateral, outlet or other sewers, outfalls, pumping stations, treatment\nand disposal plants, groundwater recharge basins, back-flow prevention\ndevices, sludge dewatering or disposal equipment and facilities,\nclarifiers, filters, phosphorus removal equipment and other plants,\nworks, structures, equipment, vehicles, conveyances, contract rights,\nfranchises, approaches, connections, permits, real or personal property\nor rights therein and appurtenances thereto necessary or useful and\nconvenient for the collection, conveyance, pumping, treatment,\nneutralizing, storing and disposing of sewage.\n  20. "State" shall mean the state of New York.\n  21. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  22. "Supply facility" shall mean a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  23. "System revenues" shall mean all rates, rents, fees, charges,\npayments and other income and receipts derived by the authority\nincluding, without limiting the generality of the foregoing, investment\nproceeds and proceeds of insurance, condemnation, sales or other\ndispositions of assets, together with all federal, state or municipal\naid as well as any other income derived from the operation of the water\nfacility of the authority.\n  24. "Transmission facility" shall mean a water facility used to carry\nwater from a supply facility to a distribution system.\n  25. "Treasurer" shall mean the treasurer of the authority.\n  26. "Water facility" or "water facilities" shall mean any plants,\nstructures or other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of accumulating, supplying,\ntransmitting, distributing or treating water, including but not limited\nto surface or groundwater reservoirs, basins, dams, canals, aqueducts,\nstandpipes, conduits, pipelines, mains, pumping stations, pumps, water\ndistribution systems, compensating reservoirs, intake stations,\nwaterworks or sources of water supply, wells, purification or filtration\nplants or other treatment plants and works, approaches, connections,\nwater meters, rights of flowage or diversion and other plants,\nstructures, equipment, vehicles, towers, conveyances, real or personal\nproperty or rights therein and appurtenances thereto necessary or useful\nand convenient for the accumulation, supply, transmission, treatment or\ndistribution of water.\n  27. "Water project" shall mean any sewerage facility, water facility\nor water and sewerage facility, as the case may be, including the\nplanning, development, financing or construction thereof.\n  28. "Watershed rules" shall mean the rules and regulations made by the\ndepartment of health pursuant to section eleven hundred of the public\nhealth law.\n
N.Y. PBH Law § 1342 — New York Code / Act PBH / Article 13 / Title 6 / Section 1342
Bathing places; violations; penalties; enforcement
Status: in_force

§ 1342. Bathing places; violations; penalties; enforcement.  1. Any\nperson violating any of the provisions of section thirteen hundred\nforty-one of this chapter, shall forfeit and pay a penalty of not less\nthan fifty dollars, nor more than two hundred dollars to be recovered by\nthe sheriff of the county in which such violation is committed, except\nin the city of New York, when the penalty shall be sued for in the name\nof the department of health of the city of New York and collected by it.\n  2. A separate penalty may be recovered for each day that any person\nsubject to the provisions of this section may violate any of the\nprovisions of the same; but no penalty shall be recovered for any other\nviolation thereof than shall have occurred during the days when the\nowner or lessee, or other person, maintaining the said bathing\nestablishments, shall have kept the same open for the use of the public,\nor for such persons as may be the guests of any hotel with which such\nbathing establishments may be connected.\n  3. It shall be the duty of the sheriffs and constables of the several\ncounties of this state abutting upon the seashore, to see that in their\nrespective counties the provisions of this section are enforced, and to\nbring suit for the recovery of the penalty therein provided, unless some\nother person had already brought suit for the same.\n
N.Y. PBA Law § 1147-M — New York Code / Act PBA / Article 5 / Title 6-D / Section 1147-M
State, county and municipalities not liable on bonds of the authority
Status: in_force

§ 1147-m. State, county and municipalities not liable on bonds of the\nauthority. Neither the state, county nor any other municipality or\npublic corporation shall be liable on the bonds of the authority and\nsuch bonds shall not be a debt of the state, county or any other\nmunicipality or public corporation, and such bonds shall contain, on the\nface thereof, a statement to such effect.\n
N.Y. EDN Law § 5003 — New York Code / Act EDN / Title 6 / Article 101 / Section 5003
Disciplinary actions, hearings and penalties
Status: in_force

§ 5003. Disciplinary actions, hearings and penalties. 1. Disciplinary\naction. a. The commissioner for good cause, after affording a school an\nopportunity for a hearing, may take disciplinary action as hereinafter\nprovided against any school authorized to operate under this article.\n  b. Good cause shall include, but not be limited to, any of the\nfollowing:\n  (1) fraudulent statements or representations to the department, the\npublic or any student in connection with any activity of the school;\n  (2) violation of any provision of this article or regulation of the\ncommissioner;\n  (3) conviction or a plea of no contest on the part of any owner,\noperator, director or teacher:\n  (A) of any of the following felonies defined in the penal law: bribery\ninvolving public servants; commercial bribery; perjury in the second\ndegree; rewarding official misconduct; larceny, in connection with the\nprovision of services or involving the theft of governmental funds;\noffering a false instrument for filing, falsifying business records;\ntampering with public records; criminal usury; scheme to defraud; or\ndefrauding the government; or\n  (B) in any other jurisdiction of an offense which is substantially\nsimilar to any of the felonies defined in clause (A) of this\nsubparagraph and for which a sentence to a term of imprisonment in\nexcess of one year was authorized and is authorized in this state\nregardless of whether such sentence was imposed; or\n  (4) incompetence of any owner or operator to operate a school.\n  c. (1) Any person who believes he or she has been aggrieved by a\nviolation of this section, except a person aggrieved by the actions or\nomissions of a candidate school, shall have the right to file a written\ncomplaint within: (A) two years of the alleged violation; or (B) one\nyear of receiving notification from the higher education services\ncorporation or any other guarantee agency that the student has defaulted\non a student loan payment; provided, however, that no complaint may be\nfiled after three years from the date of the alleged violation. The\ncommissioner shall maintain a written record of each complaint that is\nmade. The commissioner shall also send to the complainant a form\nacknowledging the complaint and requesting further information if\nnecessary and shall advise the director of the school that a complaint\nhas been made and, where appropriate the nature of the complaint.\n  (2) The commissioner shall within twenty days of receipt of such\nwritten complaint commence an investigation of the alleged violation and\nshall within ninety days of the receipt of such written complaint, issue\na written finding. The commissioner shall furnish such findings to the\nperson who filed the complaint and to the chief operating officer of the\nschool cited in the complaint. If the commissioner finds that there has\nbeen a violation of this section, the commissioner shall take\nappropriate action.\n  (3) The commissioner may initiate an investigation without a\ncomplaint.\n  (4) Notwithstanding the provisions of subparagraph one of this\nparagraph or any other provision of this article to the contrary, a\nstudent at a candidate school shall have the right to file a written\ncomplaint from an alleged violation of the provisions of clause three of\nsubparagraph (iv) of paragraph b of subdivision four of section five\nthousand one of this article that require disclosure of candidacy status\nand its implications and a signed attestation by the student, within two\nyears of such violation. Upon a finding that such a violation has\noccurred, the candidate school shall be required to provide a refund of\nall monies and fees received from or on behalf of the student.\nAppropriate action shall also be taken against the candidate school\npursuant to the provisions of subparagraph (iv) of paragraph b of\nsubdivision four of section five thousand one of this article.\n  (5) No owner, operator, licensed personnel, or agent thereof of a\nlicensed private career school shall discriminate, intimidate, or\nretaliate against any person who files a written complaint pursuant to\nthis paragraph.\n  2. Hearing procedures. a. Upon a finding that there is good cause to\nbelieve that a candidate school under the provisions of subparagraph\n(iv) of paragraph b of subdivision four of section five thousand one of\nthis article, or a licensed school, or an officer, agent, employee,\npartner or teacher, has committed a violation of this article, the\ncommissioner shall initiate proceedings by serving a notice of hearing\nupon each and every such party subject to the administrative action. The\nschool or such party shall be given reasonable notice of hearing,\nincluding the time, place, and nature of the hearing and a statement\nsufficiently particular to give notice of the transactions or\noccurrences intended to be proved, the material elements of each cause\nof action and the civil penalties and/or administrative sanctions\nsought.\n  b. Opportunity shall be afforded to the party to respond and present\nevidence and argument on the issues involved in the hearing including\nthe right of cross examination. In a hearing, the school or such party\nshall be accorded the right to have its representative appear in person\nor by or with counsel or other representative. Disposition may be made\nin any hearing by stipulation, agreed settlement, consent order, default\nor other informal method.\n  c. (1) The commissioner shall designate an impartial hearing officer\nto conduct the hearing, who shall be empowered to:\n  (A) administer oaths and affirmations; and\n  (B) regulate the course of the hearings, set the time and place for\ncontinued hearings, and fix the time for filing of briefs and other\ndocuments; and\n  (C) direct the school or such party to appear and confer to consider\nthe simplification of the issues by consent; and\n  (D) grant a request for an adjournment of the hearing only upon good\ncause shown.\n  (2) The strict legal rules of evidence shall not apply, but the\ndecision shall be supported by substantial evidence in the record.\n  3. Decision after hearing. The hearing officer shall make written\nfindings of fact and conclusions of law, and shall also recommend in\nwriting to the commissioner a final decision including penalties. The\nhearing officer shall mail a copy of his or her findings of fact,\nconclusions of law and recommended penalty to the party and his or her\nattorney, or representative. The commissioner shall make the final\ndecision, which shall be based exclusively on evidence and other\nmaterials introduced at the hearing. If it is determined that a party\nhas committed a violation, the commissioner shall issue a final order\nand shall impose penalties in accordance with this section. The\ncommissioner shall send by certified mail, return receipt requested, a\ncopy of the final order to the party and his or her attorney, or\nrepresentative. The commissioner shall, at the request of the school or\nsuch party, furnish a copy of the transcript or any part thereof upon\npayment of the cost thereof.\n  4. Judicial review. Any order imposed under this section shall be\nsubject to judicial review under article seventy-eight of the civil\npractice law and rules, but no such determination shall be stayed or\nenjoined except upon application to the court after notice to the\ncommissioner.\n  5. Enforcement proceedings. The attorney general, in his or her own\ncapacity, or at the request of the commissioner, may bring an\nappropriate action or proceeding in any court of competent jurisdiction\nto recover a fine or otherwise enforce any provision of this article.\n  6. Civil penalties and administrative sanctions. a. A hearing officer\nmay recommend, and the commissioner may impose, a civil penalty not to\nexceed three thousand five hundred dollars for any violation of this\narticle, including a school's failure to offer a course or program as\napproved by the commissioner. In the case of a second or further\nviolation committed within five years of the previous violation, the\nliability shall be a civil penalty not to exceed seven thousand five\nhundred dollars for each such violation.\n  b. Notwithstanding the provisions of paragraph a of this subdivision,\na hearing officer may recommend, and the commissioner may impose a civil\npenalty not to exceed seventy-five thousand dollars or double the\ndocumented amount from which the school benefited, whichever is greater,\nfor any of the following violations: (1) operation of a school without a\nlicense in violation of section five thousand one of this article; (2)\noperation of a school knowing that the school's license has been\nsuspended or revoked; (3) use of false, misleading, deceptive or\nfraudulent advertising; (4) employment of recruiters on the basis of a\ncommission, bonus or quota, except as authorized by the commissioner;\n(5) directing or authorizing recruiters to offer guarantees of jobs upon\ncompletion of a course; (6) failure to make a tuition refund when such\nfailure is part of a pattern of misconduct; (7) the offering of a course\nor program that has not been approved by the commissioner; (8) admitting\nstudents, who subsequently drop out, who were admitted in violation of\nthe admission standards established by the commissioner, where such\nadmissions constitute a pattern of misconduct and where the drop out\nresulted at least in part from such violation; (9) failure to provide\nthe notice of discontinuance and the plan required by subdivision seven\nof section five thousand one of this article; or (10) violation of any\nother provision of this article, or any rule or regulation promulgated\npursuant thereto, when such violation constitutes part of a pattern of\nmisconduct which significantly impairs the educational quality of the\nprogram or programs being offered by the school. For each enumerated\noffense, a second or further violation committed within five years,\nshall be subject to a civil penalty not to exceed one and one-half times\nthe amount of the previous violation for each such violation.\n  c. In addition to the penalties authorized in paragraphs a and b of\nthis subdivision, a hearing officer may recommend and the commissioner\nmay impose any of the following administrative sanctions: (1) a cease\nand desist order; (2) a mandatory direction; (3) a suspension or\nrevocation of a license; (4) a probation order; or (5) an order of\nrestitution.\n  d. Penalty factors. In the recommendation of any penalty, a hearing\nofficer shall, at a minimum, give due consideration, where applicable,\nto the good faith of the violator and the gravity of the violation.\n  e. The commissioner may suspend a license upon the failure of a school\nto pay any fee, fine, penalty, settlement or assessment as required by\nthis article unless such failure is determined by the commissioner to be\nfor good cause.\n  f. All civil penalties, fines and settlements received after April\nfirst, nineteen hundred ninety shall accrue to the credit of the tuition\nreimbursement account established pursuant to section ninety-seven-hh of\nthe state finance law.\n  7. Criminal penalties. In addition to any other penalties elsewhere\nprescribed:\n  a. Any person who knowingly violates any of the provisions of this\narticle shall be guilty of a class B misdemeanor punishable in\naccordance with the penal law. If the conviction is for a second offense\ncommitted within five years of the first conviction under this\nparagraph, such person shall be guilty of a class A misdemeanor\npunishable in accordance with the penal law.\n  b. Any person who knowingly (1) falsifies or destroys school or other\nbusiness records relating to the operation of the school with intent to\ndefraud; (2) fails to make a tuition refund as required by section five\nthousand two of this article with the intent to defraud more than one\nperson; or (3) operates a school without a valid license required by\nsection five thousand one of this article shall be guilty of a class A\nmisdemeanor punishable in accordance with the penal law.\n  c. Any person who, having been convicted within the past five years of\nfailing to make a tuition refund in violation of subparagraph two of\nparagraph b of this subdivision, knowingly and intentionally engages in\na scheme constituting a systematic ongoing course of conduct involving\nthe wrongful withholding of refunds in violation of section five\nthousand two of this article with the intent to defraud ten or more\npersons, and so withholds tuition refunds in excess of one thousand\ndollars, shall be guilty of a class E felony punishable in accordance\nwith the penal law.\n  d. Upon a determination that there exist reasonable grounds to believe\nthat a violation of this article has been committed, or that any other\ncrime has been committed in connection with the operation of a school\nrequired to be licensed pursuant to this article, the commissioner shall\nrefer such determination, and the information upon which it is based, to\nthe attorney general or to the appropriate district attorney. The\nattorney general or a district attorney may bring an action on his or\nher own initiative.\n  8. Private right of action. A student injured by a violation of this\narticle may bring an action against the owner or operator of a licensed\nprivate career school for actual damages or one hundred dollars,\nwhichever is greater. A court may, in its discretion, award reasonable\nattorney's fees to a prevailing plaintiff. No owner, operator, licensed\npersonnel, or agent thereof of a licensed private career school shall\ndiscriminate, intimidate, or retaliate against any student who brings a\nprivate right of action against the owner or operator of a licensed\nprivate career school pursuant to this subdivision.\n