N.Y. MDW Law § 66 — New York Code / Act MDW / Article 3 / Title 2 / Section 66
Lodging houses
Status: in_force

§ 66. Lodging houses. 1. It shall be unlawful to occupy any lodging\nhouse unless such dwelling conforms to the provisions of the specific\nsections enumerated in section twenty-five to the extent required\ntherein, including the provisions of this section, and to all other\napplicable provisions of this chapter.\n  2. a. No wood or other combustible facing shall be permitted on the\nwalls, partitions or ceilings of entrance halls or other public halls or\nstairs, except a flat baseboard ten inches or less in height. The stair\nstring, handrails, soffits, fascias, railings, balustrades and newel\nposts shall be constructed of hard incombustible material and shall be\nof such sizes and secured in such manner as approved by the department.\n  b. The walls and ceilings of all entrance halls, stair halls and other\npublic halls and stairs shall be fire-retarded on the hall or stair side\nwith half-inch plaster board covered with twenty-six gauge metal or\nother materials approved by the department.\n  c. Except partitions forming existing cubicles, flat baseboards not\nmore than ten inches high and door and window assemblies not otherwise\nrequired to be fire-retarded, all wood partitions and all combustible\ncoverings on walls or partitions throughout the portion of the dwelling\nused for lodging-house purposes shall be protected with incombustible\nmaterial approved by the department.\n  d. The cellar ceiling and the ceiling of every story shall be\nfire-retarded. The department may accept an existing ceiling if it is in\ngood condition and plastered, or covered with metal or with half-inch\nplaster board covered with metal, or other materials approved by the\ndepartment, except that the ceiling over and the floor beneath any\nfurnace, stove, boiler or hot-water heater shall be fire-retarded and\nsuch fire-retarding shall extend for a distance of at least four feet\nbeyond the sides and rear and eight feet in front of such furnace, stove\nor heater. Metal breechings and flues connected to such devices shall be\nmade secure and be protected in conformity with regulations adopted by\nthe department.\n  e. Every window not opening to the outer air in an entrance, stair or\nother public hall shall be removed, and the opening closed and\nfire-retarded, except that interior windows or similar openings in\npartitions forming the enclosure of entrance, stair or other public\nhalls may be retained if they are used in the operation and maintenance\nof the lodging house and are protected by automatic fire windows.\n  f. There shall be one or more completely enclosed compartments remote\nfrom any stairway for the storage of mattresses, linens, brooms, mops\nand other paraphernalia incidental to the occupancy and maintenance of\nthe lodging house, and such paraphernalia shall be stored in no other\nportion of such dwelling. The partitions forming each such compartment\nshall be fire-retarded and shall be provided with a fireproof door and\ndoor assembly with the door self-closing. Each such compartment shall be\nventilated in accordance with regulations adopted by the department. Any\nspace which is used for the storage of mattresses, in addition to\nconforming to the other provisions of this section, shall be provided\nwith a window ten square feet or more in area, and such window shall\nopen upon a street or yard.\n  g. There shall be provided on each lodging-house story one or more\ncontainers of metal or other hard incombustible material, with\nself-closing lids, in which all scrap and refuse of a combustible nature\nshall be placed until its disposal.\n  h. Insecticides and other fluids containing inflammable, volatile or\ncombustible material shall be stored in a completely enclosed\nfire-retarded room or compartment, ventilated in accordance with\nregulations adopted by the department, and only under authority of a\npermit from the fire department.\n  3. a. In non-fireproof lodging houses there shall be in all\ndormitories, entrance and other public halls, stairs, storage rooms,\ncellars and other parts of the dwelling an automatic wet-pipe sprinkler\nsystem, installed and maintained in conformity with regulations adopted\nby the department. In connection with such sprinkler system there shall\nbe an automatic closed-circuit alarm system so arranged and installed as\nto give warning, at a recognized central station satisfactory to the\nfire department, of the closure of any valve controlling water supply to\nany of the sprinklers and of the operation of any sprinkler head. Such\nalarm system shall also be so installed and maintained that when a\nsprinkler operates an alarm bell satisfactory to the fire department,\neight inches in diameter or at least capable of being heard clearly\nthroughout the room, will sound in each dormitory and in the office of\nthe lodging house, and that such alarm system can also be operated\nmanually. Such sprinkler and alarm systems shall have supervisory and\nmaintenance service satisfactory to the department and the fire\ndepartment respectively. Any existing fire alarm or sprinkler system\nwhich can be altered or adapted to meet the requirements of this\nparagraph may be so used instead of a completely new system.\n  b. In fireproof lodging houses all dormitories, entrance and other\npublic halls, stairs, storage rooms, cellars and other parts of the\ndwelling shall either be equipped with a combined sprinkler and fire\nalarm system as required for the lodging houses provided for in\nparagraph a or be equipped throughout with an automatic, thermostatic,\nclosed-circuit fire alarm system. Such alarm system shall be so arranged\nand installed that it can also be operated manually and that it will\ngive warning, at a recognized central station satisfactory to the fire\ndepartment, of the operation of any part of the alarm system. Such alarm\nsystem shall also be so installed and maintained as to actuate an alarm\nbell satisfactory to the fire department and at least eight inches in\ndiameter in each dormitory in the dwelling and in the lodging-house\noffice when the alarm system operates. Such alarm system shall have\nsupervisory and maintenance service satisfactory to the fire department.\n  4. a. There shall be at least two means of unobstructed egress from\neach lodging-house story, which shall be remote from each other. The\nfirst means of egress shall be to a street either directly or by an\nenclosed stair having unobstructed, direct access thereto. If the story\nis above the entrance story, the second means of egress shall be by an\noutside fire-escape constructed in accordance with the provisions of\nsection fifty-three or by an additional enclosed stair.  Such second\nmeans of egress shall be accessible without passing through the first\nmeans of egress.\n  b. All doors opening upon entrance halls, stair halls, other public\nhalls or stairs or elevator, dumbwaiter or other shafts, and the door\nassemblies, shall be fireproof with the doors made self-closing by a\ndevice approved by the department, and such doors shall not be held open\nby any device whatever. All openings on the course of a fire-escape\nshall be provided with such doors and assemblies or with fireproof\nwindows and assemblies, with the windows self-closing and glazed with\nwire glass, such doors or windows and their assemblies to be acceptable\nto the department.\n  c. There shall be unobstructed aisles providing access to all required\nmeans of egress in all dormitories. Main aisles, approved as such by the\ndepartment to provide adequate approaches to the required means of\negress, shall be three feet or more in width, except that no aisle need\nbe more than two feet six inches wide if it is intersected at intervals\nof not more than fifty feet by crossover aisles at least three feet wide\nleading to other aisles or to an approved means of egress.\n  d. Every required means of egress from the lodging-house part of the\ndwelling shall be indicated by a sign reading "EXIT" in red letters at\nleast eight inches high on a white background illuminated at all times\nduring the day and night by a light of at least twenty-five watts or\nequivalent illumination. Such light shall be maintained in a keyless\nsocket. On all lodging-house stories where doors, openings, passageways\nor aisles are not visible from all portions of such stories, and in\nother parts of the dwelling which may be used in entering or leaving the\nlodging-house part and in which a similar need exists, signs with easily\nreadable letters as least eight inches in height, and continuously and\nsufficiently illuminated by artificial light at all times when the\nnatural light is not sufficient to make them easily readable, shall be\nmaintained in conspicuous locations, indicating the direction of travel\nto the nearest means of egress. At least one such sign shall be easily\nvisible from the doorway of each cubicle.\n  e. Access from the public hall at the top story to the roof shall be\nprovided by means of a bulkhead or a scuttle acceptable to the\ndepartment. Every such scuttle and the stair or ladder leading thereto\nshall be located within the stair enclosure.\n  5. The number of persons accommodated on any story in a lodging house\nshall not be greater than the sum of the following components.\n  a. Twenty-two persons for each full multiple of twenty-two inches in\nthe smallest clear width of each means of egress approved by the\ndepartment, other than a fire-escape.\n  b. Twenty persons for each lawful fire-escape accessible from such\nstory if it is above the entrance story.\n  6. Existing cubicles complying with all other provisions of this\nsection may be maintained, provided the top of the enclosure of every\ncubicle is at least two feet from the ceiling. Any rearrangement of\nexisting cubicles that may be made necessary by the provisions of this\nsection shall be lawful. Cubicles authorized by this section shall not\nbe considered rooms or alcoves but parts of the rooms in which they are\nconstructed.\n  7. The department shall cause all lodging houses to be inspected at\nintervals of three months or less. All sections and parts of every\nlodging house shall also be inspected by a clerk or watchman in the\nemploy of the owner at least once in every two hours.\n  8. a. The department shall have power to make supplementary\nregulations relating to fire-escapes, protection from fire, and the\ninstallation of sprinkler systems in lodging houses and the fire\ndepartment shall have power to make such regulations relating to fire\nalarms therein.\n  b. Nothing in this section shall be deemed to abrogate any powers or\nduties vested in the fire commissioner or the fire department of the\ncity of New York by chapter nineteen of the administrative code of the\nsaid city.\n
N.Y. EDN Law § 2508 — New York Code / Act EDN / Title 2 / Article 51 / Section 2508
Powers and duties of superintendent of schools
Status: in_force

§ 2508.  Powers and duties of superintendent of schools. The\nsuperintendent of schools of a city school district shall possess,\nsubject to the bylaws of the board of education, the following powers\nand be charged with the following duties:\n  1. To be the chief executive officer of the school district and the\neducational system, and to have a seat on the board of education and the\nright to speak on all matters before the board, but not to vote.\n  2. To enforce all provisions of law and all rules and regulations\nrelating to the management of the schools and other educational, social\nand recreational activities under the direction of the board of\neducation.\n  3. To prepare the content of each course of study authorized by the\nboard of education. The content of each such course shall be submitted\nto the board of education for its approval and, when thus approved, the\nsuperintendent shall cause such courses of study to be used in the\ngrades, classes and schools for which they are authorized.\n  4. To recommend suitable lists of textbooks to be used in the schools.\n  5. To have supervision and direction of associate, assistant and other\nsuperintendents, directors, supervisors, principals, teachers,\nlecturers, medical inspectors, nurses, claims auditors, deputy claims\nauditors, attendance officers, janitors and other persons employed in\nthe management of the schools or the other educational activities of the\ndistrict authorized by this chapter and under the direction and\nmanagement of the board of education; to transfer teachers from one\nschool to another, or from one grade of the course of study to another\ngrade in such course, and to report immediately such transfers to such\nboard for its consideration and action; to report to such board\nviolations of regulations and cases of insubordination, and to suspend\nan associate, assistant or other superintendent, director, supervisor,\nexpert, principal, teacher or other employee until the next regular\nmeeting of such board, when all facts relating to the case shall be\nsubmitted to such board for its consideration and action.\n  6. To have supervision and direction over the enforcement and\nobservance of the courses of study, the examination and promotion of\npupils, and over all other matters pertaining to playgrounds, medical\ninspection, recreation and social center work, libraries, lectures, and\nall other educational activities under the management, direction and\ncontrol of the board of education.\n  7. Notwithstanding any inconsistent provision of law, the provisions\nof subdivision five of this section relating to the transfer of teachers\nmay be modified by an agreement that is collectively negotiated pursuant\nto the provisions of article fourteen of the civil service law.\n
N.Y. VAT Law § 208 — New York Code / Act VAT / Title 2 / Article 2 / Section 208
Affirmation of complaints
Status: in_force

§ 208. Affirmation of complaints. Where a traffic summons has been\nserved by a police officer, police cadet or bridge and tunnel officers\nemployed by the triborough bridge and tunnel authority in cases of\nviolations of any provision of this chapter, except title eleven, or of\nany ordinance, rule or regulation enacted pursuant thereto or pursuant\nto any other law relating to traffic, any chief, deputy chief, captain,\nlieutenant or acting lieutenant, or sergeant or acting sergeant of a\npolice department, or any sheriff, undersheriff, chief deputy, deputy\nsergeant or deputy in charge of a road patrol maintained by any sheriff\nin any county to whom the service of the traffic summons is reported, is\nhereby authorized to administer to such police officer, police cadet or\nbridge and tunnel officer employed by the triborough bridge and tunnel\nauthority all necessary oaths in connection with the execution of the\ncomplaint to be presented in court by such police officer, police cadet\nor bridge and tunnel officer employed by the triborough bridge and\ntunnel authority in the prosecution of such offense, but a complaint\nneed not be verified provided it shall be affirmed under penalty of\nperjury.\n
N.Y. ELN Law § 7-208 — New York Code / Act ELN / Article 7 / Title 2 / Section 7-208
Escrow requirements
Status: in_force

§ 7-208. Escrow requirements. Prior to the use of any voting machine\nor system in any election in the state, on or after September first, two\nthousand six, the state board of elections and the local board of\nelections using such voting machine or system shall:\n  1. Require that the manufacturer and/or vendor of such voting machine,\nsystem or equipment shall place into escrow with the state board of\nelections a complete copy of all programming, source coding and software\nemployed by the voting machine, system or equipment which shall be used\nexclusively for purposes authorized by this chapter and shall be\notherwise confidential.\n  2. Require that the manufacturer and/or vendor of such voting machine,\nsystem or equipment file with the state board of elections and the\nappropriate local boards of elections a waiver, prepared by the state\nboard of elections, which shall waive all rights of the vendor or\nmanufacturer to assert intellectual property or trade secret rights in\nany court of competent jurisdiction hearing a challenge to the results\nof any election and requesting that programming source coding, firmware,\nand software as well as voting machines or systems be tested by\nindependent experts under court supervision and at the conclusion of\nsuch proceeding shall be sealed.\n  3. Require that the manufacturer and/or vendor of such equipment file\nwith the state board of elections and the appropriate local boards of\nelections a consent to having and cooperating in the testing of any\nprogramming, source coding, firmware, or software, pursuant to an order\nof any board of elections or court of competent jurisdiction. Any such\nboard or agent thereof shall be required to maintain the confidentiality\nof any proprietary material.\n
N.Y. GMU Law § 919 — New York Code / Act GMU / Article 18-A / Title 2 / Section 919
Glen Cove industrial development agency
Status: in_force

* § 919. Glen Cove industrial development agency. For the benefit of\nthe city of Glen Cove and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the GLEN COVE INDUSTRIAL DEVELOPMENT\nAGENCY, is hereby established for the accomplishment of any or all of\nthe purposes specified in title one of article eighteen-A of this\nchapter. It shall constitute a body corporate and politic, and be\nperpetual in duration.  It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies and provided that the exercise of\nthe powers by such agency with respect to the acquisition of real\nproperty whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the city of Glen Cove, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the mayor of the city of Glen Cove. The\nagency, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of title\none of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PML Law § 1319 — New York Code / Act PML / Article 13 / Title 2 / Section 1319
Hearings
Status: in_force

§ 1319. Hearings. The commission and the board shall have the\nindependent authority to conduct hearings concerning the conduct of\ngaming and applicants for gaming facility licenses in accordance with\nany procedures set forth in this article and any applicable implementing\nregulations.\n
N.Y. VAT Law § 262 — New York Code / Act VAT / Title 2 / Article 3-A / Section 262
Stays pending appeal
Status: in_force

§ 262. Stays pending appeal. The appeals board, or chairman thereof,\nupon the request of any person who has filed an appeal, may, in its\ndiscretion, grant a stay pending a determination of the appeal. Whenever\na determination has not been made within thirty days after an appeal has\nbeen finally submitted, a stay of execution will be deemed granted by\noperation of law, and the license, certificate, permit or privilege\naffected will be automatically restored pending final determination.\n
N.Y. ELN Law § 5-216 — New York Code / Act ELN / Article 5 / Title 2 / Section 5-216
Registration; assistance to applicant
Status: in_force

§ 5-216. Registration; assistance to applicant. 1. If any person\nentitled to be registered shall declare to the board of inspectors that\nhe is unable to read or write by reason of illiteracy or disability, the\nboard shall provide assistance in registering. Such person shall, if\nunable to write, be excused from signing and the board shall enter the\nwords "unable to sign" in each space reserved for his signature. The\nboard shall also enter in the remarks space on the face of the\nregistration records the reason for his inability to write his name.\n  2. If the applicant be a person who does not speak the English\nlanguage, he may be assisted by a relative who can interpret for him. If\nthe applicant registers with this assistance the board shall put in the\nremarks space of the registration forms the name and address, and the\nrelationship, of the person so doing the interpreting and the\ninterpreter shall sign his name in the remarks space.\n  3. If the registrant needs assistance with registration, he may also\nhave the same assistance in order to mark the enrollment blank.\n
N.Y. EDN Law § 2577 — New York Code / Act EDN / Title 2 / Article 52 / Section 2577
Annual financial report
Status: in_force

§ 2577. Annual financial report.  In any city in which the annual\nfinancial report of the fiscal officer, board of estimate and\napportionment, or other official, board or body of the city, does not\ncontain information required by this section, the board of education\nshall annually cause to be published in the official paper of such city\nor in pamphlet form for general distribution, a full and detailed\naccount of all moneys received by the board of education for its account\nand use, and all moneys expended therefor giving the items of receipts\nand expenditures in full.  Such annual report, unless the same is\notherwise annually published as provided herein, shall also contain a\nfull and complete statement of any bonds issued the preceding year for\nschool purposes and the disposition made or to be made of the proceeds\nof such bonds.\n
N.Y. VAT Law § 244 — New York Code / Act VAT / Title 2 / Article 2-B / Section 244
Separability
Status: in_force

§ 244. Separability. If any provision of this article or the\napplication of such provision to any person or circumstances shall be\nheld unconstitutional or invalid, the constitutionality or validity of\nthe remainder of this article and the applicability of such provision to\nother persons or circumstances shall not be affected thereby.\n
N.Y. PBH Law § 225 — New York Code / Act PBH / Article 2 / Title 2 / Section 225
Public health and health planning council; powers and duties; sanitary code
Status: in_force

§ 225. Public health and health planning council; powers and duties;\nsanitary code. 1. The public health and health planning council shall,\nat the request of the commissioner, consider any matter relating to the\npreservation and improvement of public health, and may advise the\ncommissioner thereon; and it may, from time to time, submit to the\ncommissioner, any recommendations relating to the preservation and\nimprovement of public health.\n  2. The public health and health planning council shall appoint one or\nmore advisory committees expert in the major areas of public health\nconcern, including but not limited to health education, health manpower,\neconomics and delivery of health service, sanitation problems and\ninterprofessional relationships. Members of advisory committees need not\nbe members of the public health and health planning council.\n  3. The public health and health planning council shall have no\nexecutive, administrative or appointive duties except as otherwise\nprovided by law.\n  4. The public health and health planning council shall have power by\nthe affirmative vote of a majority of its members to establish, and from\ntime to time, amend and repeal sanitary regulations, to be known as the\nsanitary code of the state of New York, subject to approval by the\ncommissioner.\n  5. The sanitary code may:\n  (a) deal with any matters affecting the security of life or health or\nthe preservation and improvement of public health in the state of New\nYork, and with any matters as to which the jurisdiction is conferred\nupon the public health and health planning council;\n  (b) prescribe the qualifications of public health personnel of the\ndepartment, directors of divisions, regional health directors, state\ndistrict health officers, local health officers; county and city health\ncommissioners, deputy and assistant county or city health commissioners;\npublic health administrators; county health directors and deputy and\nassistant county health directors; directors of county physically\nhandicapped children's programs; directors of medical care (local\nassistance programs); public health nurses; public health physical\ntherapists; public health educators; nurse-midwives; medical social\nworkers; public health social workers; radiation safety officers;\nsanitary and public health engineers, sanitarians, sanitary inspectors;\npublic health veterinarians; operators of public water treatment and\npurification plants; and the qualifications of persons not paid from\npublic funds and who are appointed and employed after January first,\nnineteen hundred forty-seven, as operators of water treatment or\npurification plants owned or operated by water companies, corporations\nor by a person or group of persons serving the general public residing\nin a political subdivision or any part thereof;\n  (c) establish regulations for the promotion of health in any or all\nIndian reservations;\n  (e) establish regulations for the maintenance of hospitals for\ncommunicable diseases;\n  (f) prescribe standards of efficiency for such laboratories as are\nunder contract with the commissioner for the examination of specimens\nreceived from local health officers or physicians for routine\nexaminations and analyses;\n  (g) set forth the diseases for which specimens shall be submitted for\nexamination to a laboratory approved by the department.\n  (h) designate the communicable diseases which are dangerous to the\npublic health;\n  (i) set forth the nature of the information required to be furnished\nby every physician in his notice to the department of each case of\ncommunicable disease.\n  (j) establish regulations in respect to contact or communication with\nor use of infected premises, places or things and prescribe the method\nor methods for the purification and cleansing of the same before general\nintercourse with the said premises, places or things, or use thereof is\nallowed;\n  (k) establish regulations defining the methods and precautions to be\nobserved in disinfecting, cleansing or renovating premises vacated by\npersons suffering from a communicable disease;\n  (l) prescribe the qualifications that shall be possessed by persons in\ncharge of diagnostic clinical laboratories as provided by the workmen's\ncompensation law;\n  (m) require that application be made for a permit to operate a farm or\nfood processing labor camp as defined in the sanitary code; authorize\nappropriate officers or agencies to issue such a permit when the\napplicant is in compliance with the established regulations; prescribe\nstandards for living quarters at farm and food processing labor camps,\nincluding provisions for sanitary conditions; light, air, and safety;\nprotection from fire hazards; maintenance; and such other matters as may\nbe appropriate for security of life or health, provided however, that\nthe provisions of the sanitary code established pursuant to the\nprovisions hereof shall apply to all farm and food processing labor\ncamps intended to house migrant workers and which are occupied. In the\npreparation of such regulations, the public health and health planning\ncouncil may request and shall receive technical assistance from the\nboard of standards and appeals of the state department of labor and the\nstate building code commission. Such regulation shall be enforced in the\nsame manner as are other provisions of the sanitary code;\n  (n) prescribe the qualifications of occupational therapists employed\nin public general hospitals and tuberculosis hospitals and sanitoria\nmaintained pursuant to the general municipal law;\n  (o) require that application be made for a permit to operate a\ntemporary residence as defined in the sanitary code, or to hold or\npromote by advertising or otherwise a mass gathering which is likely to\nattract five thousand people or more and continue for twenty-four hours\nor more and authorize appropriate officers or agencies to issue such a\npermit when the applicant is in compliance with the established\nregulations and when it appears that such temporary residence can be\noperated or such gathering held without hazard to health and safety;\nestablish regulations with respect to such gatherings to provide for:\nthe furnishing of adequate undertakings to secure full compliance with\nthe sanitary code and other applicable law, adequate and satisfactory\nwater supply and sewerage facilities, adequate drainage, adequate toilet\nand lavatory facilities, adequate refuse storage and disposal\nfacilities, adequate sleeping areas and facilities, wholesome food and\nsanitary food service, adequate medical facilities, insect and noxious\nweed control, adequate fire protection, and such other matters as may be\nappropriate for security of life or health. In his review of\napplications for permits for the holding or promoting of such a\ngathering the permit-issuing official may require such plans,\nspecifications and reports as he shall deem necessary for a proper\nreview, and in his review of such applications, as well as in carrying\nout his other duties and functions in connection with such a gathering,\nthe permit-issuing official may request and shall receive from all\npublic officers, departments and agencies of the state and its political\nsubdivisions such cooperation and assistance as may be necessary and\nproper;\n  (p) establish regulations in respect to ionizing radiation and\nnonionizing electromagnetic radiation except in relation to special\nnuclear materials in quantities sufficient to form a critical mass and\nexcluding the handling and disposal of radioactive wastes and the\nrelease of radioactivity to the environment regulated by the state\ndepartment of environmental conservation. Such regulations may require\nthe posting of a bond or other security;\n  (q) authorize appropriate officers or agencies to register radiation\ninstallations as defined in the sanitary code, issue licenses for the\ntransfer, receipt, possession and use of radioactive materials, other\nthan special nuclear materials in quantities sufficient to form a\ncritical mass, render such inspection and other radiation protection\nservices as may be necessary in the interest of public health, safety\nand welfare, charge registration fees not to exceed a rate of fifty\ndollars per installation per annum and, subject to the approval of the\ncommissioner and, in the case of charges by the department, the director\nof the budget, charge adequate and reasonable fees for licensing,\ninspection and other radiation protection services not exceeding the\nestimated costs of such services, except that, with the approval of the\ncommissioner, one or more services may be rendered without any charge.\n  (r) establish regulations in respect to emergency medical treatment,\nequipment and services at public functions likely to attract 5,000 or\nmore people, taking into consideration, differences in type, size and\nduration of function, composition of audience, and accessibility and\nadequacy of emergency health facilities in the vicinity.\n  (s) require that application be made for a permit to manufacture for\nsale at retail frozen desserts as defined in the sanitary code;\nauthorize appropriate officers or agencies to issue such a permit for a\nfee of twenty-five dollars per annum.\n  (t) facilitate epidemiological research into the prevention of\nenvironmental diseases, by establishing regulations designating as\nenvironmentally related diseases those pathological conditions of the\nbody or mind resulting from contact with toxins, mutagens or teratogens\nin solid, liquid or gaseous form, or in the form of ionizing radiation\nor nonionizing electromagnetic radiation, and by requiring the reporting\nof such diseases or suspected cases of such diseases to the department\nby physicians, medical facilities and clinical laboratories. Any\ninformation provided to the department pursuant to such regulations\nshall be in the form required by the department, and shall be kept\nconfidential and used by the commissioner pursuant to the provisions of\nparagraph (j) of subdivision one of section two hundred six of this\nchapter, and other applicable laws relating to the confidential\ntreatment of patient and medical data, except that the department may\nshare identifying or other information with a local health department\nwhen, and only to the extent that, the department determines this\ninformation is necessary to protect public health against the hazards\nassociated with exposure to the material. Data shared with the local\nhealth department shall not be further disclosed and shall be otherwise\nsubject to the confidentiality requirements of paragraph (j) of\nsubdivision one of section two hundred six of this chapter and any other\napplicable laws related to the confidential treatment of patient and\nmedical data.\n  (u) (i) require bacteriological testing of bottled water sold or\ndistributed for use in this state. Such code shall establish\nrequirements for sampling at regular time intervals and in number\nproportionate to the frequency of production days and the total volume\nof bottled water sold or distributed for use in this state.\n  (ii) require physical, inorganic chemical, organic chemical and\nradiological testing of bottled water. Such testing requirements shall\nmeet or exceed the required parameters and frequencies for public water\nsupplies. Testing for organic and inorganic chemicals shall occur at\nleast annually. Testing for radiological content shall occur at least\nannually. Such testing shall be conducted on source water and bottled\nwater product. The department shall designate a quarterly period when\nsuch annual tests will be conducted. Samples for such testing shall be\ntaken on each production line and tested in labs approved by the\ndepartment. Lab reports generated from such testing shall be sent\ndirectly to the department.\n  (iii) establish a procedure by which purveyors of bottled water shall\ncertify, to the department, that their bottled water complies with the\norganic, inorganic, radiological and other water content standards\nestablished pursuant to this section. Such certifications shall be\nsubmitted to the department in accordance with the testing schedules\nindicated in subparagraph (ii) of this paragraph, for source water and\nbottled water product. The department shall at least on a quarterly\nbasis compare random shelf samples of each product line of bottled water\nand test them for compliance with the standards established pursuant to\nthis section. If the findings of the random sampling comparison fail to\ncomply with the standards established for bottled water pursuant to this\nsection, the purveyor shall be subject to the penalties and sanctions of\nthis chapter.\n  (iv) require purveyors who provide sodium content information on\nbottled water labels to numerically indicate in a manner consistent with\nfederal law and regulation the sodium content of bottled water on labels\naffixed to bottled water.\n  (v) require purveyors to indicate, clearly and conspicuously, the\nbottling date by day, month and year on labels affixed to bottled water.\n  (vi) require the department of health to give public notice of, and\nmake available to retailers of bottled water, the annual listing of\ncertified bottled water purveyors that indicates only such certified\nwaters may be lawfully sold. If within the annual notification cycle any\npurveyor is decertified, the department shall give public notice of such\ndecertification. The department shall maintain and make available an\nupdated list of certified purveyors for retailers.\n  (v) provide for the issuance of variances and waivers from\nrequirements for providing lifeguards at swimming pools and bathing\nbeaches that are part of temporary residences. The code shall provide\nthat variances and waivers shall not expire upon change in ownership of\nthe facility.\n  5-a. The sanitary code shall provide for the supervision of surf\nbeaches customarily used for swimming or bathing which are owned or\noperated by a homeowners association by persons qualified as surf\nlifeguards according to standards for public surf beaches established in\nsuch code.  For purposes of this subdivision, "surf beaches owned or\noperated by homeowner associations" shall include bathing beaches owned\nand operated by a condominium which is property subject to article\nnine-B of the real property law; a cooperative, in which the property is\nowned or leased by a corporation, the stockholders of which are entitled\nto use the bathing beach solely by reason of their ownership of stock in\nthe corporation and occupy apartments for dwelling purposes, provided an\n"offering statement" or "prospectus" has been filed with the department\nof law; or an incorporated or unincorporated property association, by\nwhich all members own residential property in a fixed or defined\ngeographical area with deeded rights to use, with similarly situated\nowners, a defined bathing beach.\n  5-b. Places of public assembly on-site cardiac automated external\ndefibrillator.\n  (a) Notwithstanding the provisions of paragraph (r) of subdivision\nfive of this section, the sanitary code shall provide that each place of\npublic assembly shall provide and maintain on-site automated external\ndefibrillators (AED), as defined in paragraph (a) of subdivision one of\nsection three thousand-b of this chapter, in quantities and types deemed\nby the commissioner to be adequate to ensure ready and appropriate\naccess for use during emergencies.\n  (b) Whenever places of public assembly are used for public or private\nsponsored events or activities the owners, operators and administrators\nresponsible for such place of public assembly shall ensure the presence\nof at least one staff person or volunteer who is trained, pursuant to\nparagraph (a) of subdivision three of section three thousand-b of this\nchapter, in the operation and use of an AED.\n  (c) For the purposes of this subdivision places of public assembly\nshall be those with an occupancy capacity of at least one thousand\npeople and shall include: (i) all stadiums, ballparks, gymnasiums, field\nhouses, arenas, civic centers and similar facilities used for the\nconduct of sporting events; and (ii) concert halls, recital halls,\ntheatres, indoor and outdoor amphitheatres or other auditoriums used for\nthe presentation of musical renditions or concerts. Places of public\nassembly shall not include halls owned by churches, religious\norganizations, granges, public associations, or free libraries as\ndefined by section two hundred fifty-three of the education law.\n  (d) Places of public assembly and staff pursuant to paragraphs (a) and\n(b) of this subdivision shall be subject to the requirements and\nlimitations of section three thousand-b of this chapter.\n  (e) Pursuant to sections three thousand-a and three thousand-b of this\nchapter, any public access defibrillation provider, or any employee or\nother agent of the provider who, in accordance with the provisions of\nthis section, voluntarily and without expectation of monetary\ncompensation renders emergency medical or first aid treatment using an\nAED which has been made available pursuant to this section, to a person\nwho is unconscious, ill or injured, shall be liable only pursuant to\nsection three thousand-a of this chapter.\n  (f) Nothing in this subdivision shall be construed to prohibit a\npolitical subdivision of the state from continuing to implement and\nenforce any local law or regulation related to the placement of\nautomated external defibrillators in places of public assembly as\ndefined in this subdivision, in effect prior to the effective date of\nthis subdivision. Where a political subdivision has a local law in\neffect prior to the effective date of this subdivision, the provisions\nof this subdivision shall have no force and effect until such time as\nthe political subdivision repeals its local law.\n  5-c. Notwithstanding the provisions of paragraph (r) of subdivision\nfive of this section, the sanitary code shall:\n  (a) provide that any public or private surf beach or swimming facility\nwhich is required by any other provision of law to be supervised by a\nsurf lifeguard qualified according to the standards of such code, shall\nprovide and maintain on-site automated external defibrillator (AED)\nequipment, as defined in paragraph (a) of subdivision one of section\nthree thousand-b of this chapter. Such swimming facilities and staff\nshall be subject to the requirements and limitations of section three\nthousand-b of this chapter.\n  (b) provide that at least one lifeguard trained pursuant to paragraph\n(a) of subdivision three of section three thousand-b of this chapter in\nthe operation and use of an AED shall be present during all periods of\nrequired supervision.\n  5-d. The state sanitary code shall:\n  (a) require that all lifeguards employed at children's overnight,\nsummer day, and travelling summer day camps as defined in section\nthirteen hundred ninety-two of this chapter, meet the following\nqualifications:\n  (i) be at least seventeen years of age, except:\n  (A) a maximum of fifty percent of the required total number of\nlifeguards on duty may be at least fifteen years of age provided they\nare under the supervision of a camp aquatics director as required by\npart seven of the state sanitary code; and\n  (B) lifeguards required for wilderness swimming must be at least\neighteen years of age; and\n  (ii) meet lifeguarding, first aid and CPR certification requirements\nfor minimum lifeguard supervision levels as required in parts six and\nseven of the state sanitary code; and\n  (b) require all qualified lifeguards while on duty at the waterfront\nto not be engaged in duties or activities which distract them from the\ndirect supervision of the waterfront.\n  5-e. Places of public assembly on-site epinephrine devices.\n  (a) Notwithstanding the provisions of paragraph (r) of subdivision\nfive of this section and section three thousand-c of this chapter, the\nsanitary code shall provide that each place of public assembly as\nspecified in this section shall be required to maintain and make\navailable on-site epinephrine devices, as defined in paragraph (b) of\nsubdivision one of section three thousand-c of this chapter, in\nquantities and types deemed by the commissioner to be adequate to ensure\nready and appropriate access for use during emergencies.\n  (b) Whenever places of public assembly are used for public or private\nsponsored events or activities the owners, operators and administrators\nresponsible for such place of public assembly shall ensure the presence\nof at least one staff person or volunteer who is trained, pursuant to\nparagraph (c) of subdivision two of section three thousand-c of this\nchapter, in the operation and use of an epinephrine device.\n  (c) For the purposes of this subdivision, "places of public assembly"\nshall mean those with an occupancy capacity of at least one thousand\npeople and shall include: (i) all stadiums, ballparks, gymnasiums, field\nhouses, arenas, civic centers and similar facilities used for the\nconduct of sporting events; and (ii) concert halls, recital halls,\ntheatres, indoor and outdoor amphitheaters or other auditoriums used for\nthe presentation of musical renditions or concerts. Places of public\nassembly shall not include halls owned by churches, religious\norganizations, granges, public associations, or free libraries as\ndefined by section two hundred fifty-three of the education law.\n  (d) Places of public assembly and staff pursuant to paragraphs (a) and\n(b) of this subdivision shall be subject to the requirements and\nlimitations of section three thousand-c of this chapter.\n  (e) Pursuant to sections three thousand-a and three thousand-c of this\nchapter, any public access epinephrine device provider, or any employee\nor other agent of the provider who, in accordance with the provisions of\nthis section, voluntarily and without expectation of monetary\ncompensation renders emergency medical or first aid treatment using an\nepinephrine device which has been made available pursuant to this\nsection, to a person who is unconscious, ill or injured, shall be liable\nonly pursuant to section three thousand-a of this chapter.\n  (f) Nothing in this subdivision shall be construed to prohibit a\npolitical subdivision of the state from continuing to implement and\nenforce any local law or regulation related to the placement of\nepinephrine devices in places of public assembly as defined in this\nsubdivision, in effect prior to the effective date of this subdivision.\nWhere a political subdivision has a local law in effect prior to the\neffective date of this subdivision, the provisions of this subdivision\nshall have no force and effect until such time as the political\nsubdivision repeals its local law.\n  (g) (i) Operation of an epinephrine device pursuant to this section\nshall be considered first aid or emergency treatment for the purpose of\nany statute relating to liability.\n  (ii) Operation of an epinephrine device pursuant to this section shall\nnot constitute the unlawful practice of a profession under title eight\nof the education law.\n  6. The public health council shall, no later than January first,\nnineteen hundred seventy-four, prescribe standards and establish\nregulations for summer day and children's camps which derive all water\nfrom a public water supply system and all sewage therefrom is discharged\nto a public sewer system. Such standards and regulations shall include\nprovisions with respect to: operators, counsellors, living and sleeping\nquarters, food service facilities, recreational quarters and facilities,\noccupancy of living and sleeping quarters, and other facilities,\nprotection from fire hazards, safety of arts and crafts and recreational\nequipment, boating safety, emergency health services, water supply and\nsewage facilities, refuse storage and disposal facilities, and such\nother matters as may be appropriate for protection and security of life\nor health. For purposes of this subdivision, the terms, a "summer day\ncamp" and a "children's camp" shall have the same definition as appears\nfor those terms in the sanitary code.\n  7. The public health council shall, no later than January first,\nnineteen hundred seventy-four, prescribe standards and establish\nregulations for motels and hotels, as those terms are defined in the\nsanitary code and which derive all water from a public water supply\nsystem and all sewage therefrom is discharged to a public sewer system.\nSuch standards and regulations shall include provisions with respect to:\nliving and sleeping quarters, food service facilities, occupancy of\nliving and sleeping quarters, and other facilities, protection from fire\nhazards, water supply and sewage facilities, refuse storage and disposal\nfacilities, and such other matters as may be appropriate for protection\nand security of life or health, provided, however, that the provisions\nof this section shall not apply in cities having a population of one\nhundred twenty-five thousand or more.\n  8. The sanitary code shall delineate specific procedures for public\nnotification of public health hazards to be used by public water\nsuppliers. Such procedures shall include notification of the\nmunicipality wherein the public water system is located and the police\ndepartment serving such municipality.\n  9. Notwithstanding the provisions of any general, special or local law\nto the contrary, in cities having a population of one million or more,\nthe sanitary code shall provide that any installation, service,\nmaintenance, testing, repair or modification of a backflow prevention\ndevice or any related work shall be performed in conformance with the\nplumbing code of any such city. All employees of a licensed plumber who\nperform testing of backflow prevention devices shall satisfactorily\ncomplete an approved course in backflow prevention device testing.\nNothing in this subdivision shall require the commissioner to certify\nthe completion of such approved course by such employees. For the\npurposes of this subdivision, "backflow prevention device" means an\nacceptable air gap, reduced pressure zone device, double check valve\nassembly or equivalent protective device acceptable to the commissioner\nthat is designed to prevent or contain potential contamination of a\npublic water system by means of cross-connection control.\n  10. Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the sanitary code of the state of New York shall\nprovide that in any county, city having a population of less than one\nmillion, town or village having a plumbing code, the installation,\nservice, maintenance, testing, repair or modification of a backflow\nprevention device or any related work shall be performed in accordance\nwith such plumbing code. A person licensed under such plumbing code and\nany of his employees who perform testing of backflow prevention devices\nshall satisfactorily complete a course in backflow prevention device\ntesting that has been approved by the department. Nothing in this\nsubdivision shall require the commissioner to certify the completion of\nsuch approved course by such licensee or employees. For the purposes of\nthis subdivision, "backflow prevention device" means an acceptable air\ngap, reduced pressure zone device, double check valve assembly or\nequivalent protective device acceptable to the commissioner that is\ndesigned to prevent or contain potential contamination of a public water\nsystem by means of cross-connection control.\n  11. The public health council, in consultation with the superintendent\nof financial services, shall, no later than March thirty-first, nineteen\nhundred ninety-three, report to the governor and the legislature\nregarding the efficacy of developing wellness incentives that could be\nused to allow premium reductions for certain individuals from\nestablished community rates in the individual and small group health\ninsurance markets. Wellness incentives to be considered shall include,\nbut not be limited to, smoking status, physical fitness activities,\nfrequency of physician fitness evaluations and dietary habits. The\ncouncil shall consider the effects of such wellness incentives on the\nindividual and small group health insurance markets and on the health\nstatus of the population as a whole.\n  12. Notwithstanding the provisions of any general, special or local\nlaw to the contrary, a charitable or not-for-profit organization shall\nnot be in violation of this chapter or any rule or regulation\nthereunder, including the sanitary code, for the possession,\npreparation, distribution or service of game or wild game, donated\npursuant to section 11-0917 of the environmental conservation law. Game\nor wild game means any deer or big game, or portions thereof, as defined\nin section 11-0103 of the environmental conservation law, taken by\nlawful hunting.\n
N.Y. EDN Law § 2014 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2014
Registration of voters
Status: in_force

§ 2014. Registration of voters.  1. In any union free school district,\nthe board of education may upon its own motion provide for the personal\nregistration of voters at school meetings or elections in such district\nas provided in this section.\n  In such event, the board of education in such district shall\nimmediately designate four qualified voters of such district to\nconstitute a board of registration for such district to serve until the\nthirtieth day following the next annual meeting or election of such\ndistrict. Thereafter, the board of education of such district shall\nannually designate, not later than the thirtieth day following the\nannual meeting or election of such district, four qualified voters of\nsuch district to constitute a board of registration for such district.\nSuch members of the board of registration so appointed shall serve until\nthe thirtieth day after the annual meeting or election of such district\nin the following year. In the event that a vacancy shall occur on the\nboard of registration, the board of education at any time may designate\na qualified voter of such district as a member of the board of\nregistration for such district to fill the vacancy.\n  Each member of the board of registration shall be entitled to\ncompensation at a rate to be fixed by the board of education for each\nday actually and necessarily spent upon the duties of his office.\n  2. The board of registration of such district shall meet during the\nannual meeting or election of such district at the place where such\nannual meeting or election is held for the purpose of preparing a\nregister for meetings or elections held subsequent to such annual\nmeeting or election. Such board of registration of such district shall,\nin addition, meet on such day or days as shall be fixed by the board of\neducation, the last day of which, however, shall not be more than\nfourteen nor less than five days preceding each school meeting or\nelection in such district at such place in the school district, and at\nsuch hours, as the board of education shall by resolution designate,\nwhich hours shall include at least four consecutive hours between seven\no'clock in the morning and eight o'clock in the evening, for the purpose\nof preparing a register for such meeting or election provided, however,\nthat at any annual meeting the majority of the voters may adopt a\nresolution authorizing the registration of voters during the hours for\nenrollment of children for a school term; provided further, however,\nthat such voters may also authorize registration during certain\nspecified hours of the school day, at the office of the district clerk\nor business office of the school district by the district clerk,\nassistant district clerk or a member of the board of registration. Such\nregistration shall not take place less than five days preceding any\nschool meeting or election. Such registration shall be effective to\ninclude the next annual meeting and shall take place at the school or\nschools within the district designated in the resolution. The register\nshall, so far as practical, be in the same form as the register of\nvoters in an election district for general elections in a city or\nvillage having five thousand inhabitants or more, under the election\nlaw. The register shall be arranged alphabetically by the surnames, and\nthe place of residence by street and number or otherwise of each person\nnamed on the list shall be given, or if none, some description\naccurately locating such place of residence shall be given on such\nregister. In addition, the register shall have a column or columns in\nwhich the inspectors of election may indicate whether each person named\non the list shall have voted in any election or elections or at any\nmeeting or meetings. The district clerk of such district shall attend\nwith the board of registration. The board of registration and the\ndistrict clerk, shall, for the annual meeting or election of the school\ndistrict, prepare a register of the qualified voters of such school\ndistrict who shall present themselves personally for registration. Such\nboard of registration shall in like manner prepare a register for each\nspecial school meeting or election within such school district, except\nthat the register prepared at the last annual meeting or election and\nthe register or registers for any subsequent special meeting, meetings,\nelection, or elections in such school district shall be used by them as\nthe basis therefor.  The register so prepared shall include all persons\nwho shall have presented themselves personally for registration in\naccordance herewith and may include all persons who shall have been\npreviously registered hereunder for any annual or special meeting or\nelection and who shall have voted at any annual or special meeting or\nany election held or conducted during the four calendar years prior to\nthe year in which such register is being prepared; and the board of\nregistration shall remove from the register all persons who are known to\nbe deceased, who have moved out of the school district or who are\notherwise not qualified as school district electors. The district clerk\nshall furnish the necessary blank books and blanks at the expense of\nsuch school district. School meetings and elections in such school\ndistrict shall be thereafter conducted in the manner provided by this\nchapter, except that no person shall be entitled to vote thereat whose\nname does not appear upon the register of the school district in which\nhe claims to be entitled to vote. In all cases, the board of education\nshall cause the district clerk to give the notice required by\nsubdivision four of section two thousand four of this chapter.\n  3. The board of education may, upon its own motion and at least two\nmonths prior to a school district meeting or election at which the same\nis to be effective, revoke the provisions for personal registration\nadopted as provided in this section. However, the board of education may\nnot thereafter provide for personal registration unless authorized by\nthe voters at a district meeting or election.\n  4. Whenever any union free school district in which personal\nregistration of voters at school meetings or elections therein is\nrequired as provided in subdivision one of this section shall have been\ndivided into election districts pursuant to section two thousand\nseventeen of this chapter, the board of education shall appoint a board\nof registration pursuant to the provisions of subdivision one of this\nsection consisting of as many members as shall provide two for each\nelection district, shall designate a place in each such election\ndistrict and shall designate two members of the board of registration to\nattend thereat for the purpose of preparing a register for such election\ndistrict. At the same time, the board of education shall designate the\nregistration place at which the district clerk shall attend. The\nprovisions of subdivisions one, two and three of this section shall\napply with respect to the registration of voters in such union free\nschool districts, except as may be inconsistent with the foregoing\nprovisions of this subdivision, and except that the notice provided to\nbe given by the district clerk in subdivision two of this section and\nsubdivision five and six of section two thousand four of this chapter\nshall describe each of the election districts as required in subdivision\ntwo of section two thousand seventeen and subdivision six of section two\nthousand four of this chapter.\n  5. The provisions of this section shall not apply with respect to any\nperson registered to vote pursuant to the provisions of section three\nhundred fifty-two of the election law.\n  6. In any case where a union free school district has provided for the\nregistration of voters during specified hours of the school day at the\noffice of the district clerk, assistant clerk or a member of the board\nof registration, such school district's board of registration, at the\ndiscretion of the board of education, may not be required to meet prior\nto the annual meeting or election, or prior to a special meeting or\nspecial election pursuant to subdivision two of this section, solely for\nthe purposes of registering voters.\n
N.Y. EDN Law § 2564 — New York Code / Act EDN / Title 2 / Article 52 / Section 2564
Local school board districts
Status: in_force

§ 2564. Local school board districts.  1. The board of education of\nthe city school district of the city of New York, by resolution duly\nadopted, shall divide the city school district into such number of local\nschool board districts as such board in its discretion may determine.\nThe board of education may from time to time alter the boundaries of\nsuch districts, consolidate two or more districts or parts thereof, or\ndivide any such district or districts as it shall consider necessary.\nFor the purposes of this section, a school decentralization\ndemonstration project in existence on April first, nineteen hundred\nsixty-eight shall be deemed to be a local school board district.\n  2. Such board of education, upon the establishment of such local\nschool board districts, shall have the power to appoint, or provide for\nthe election of, and remove at its pleasure, a local school board for\neach such local school board district, which shall consist of such\nnumber of members as the board shall determine from time to time.\n  3. The board of education, with the approval of the regents, shall\nhave the power to delegate to such local school boards any or all of its\nfunctions, powers, obligations and duties in connection with the\noperation of the schools and programs under its jurisdiction, and may\nmodify or rescind any function, power, obligation and duty so delegated.\n  4. In accordance with rules and regulations to be promulgated by the\nboard of education, each such local school board shall have the power to\nemploy a local superintendent of schools upon such terms and conditions\nas such local school board shall determine. Such employment shall be by\ncontract at an annual rate of compensation not in excess of thirty\nthousand dollars.\n
N.Y. PBH Law § 3424 — New York Code / Act PBH / Article 34 / Title 2 / Section 3424
Funeral directing; reports by trainees, employees and schools
Status: in_force

§ 3424. Funeral directing; reports by trainees, employees and schools.\n1. Each trainee and the employer and funeral director school shall:\n  (a) maintain and file such periodic records and reports as the\ndepartment shall require; and\n  (b) notify the department promptly of any change in school\nregistration or change of employment.\n
N.Y. EDN Law § 2590 — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590
Application of article
Status: in_force

§ 2590. Application of article.  This article shall apply to the city\nschool district of the city of New York.\n
N.Y. RPT Law § 421-I — New York Code / Act RPT / Article 4 / Title 2 / Section 421-I
Exemption of capital improvements to multiple dwelling buildings within certain cities
Status: in_force

* § 421-i. Exemption of capital improvements to multiple dwelling\nbuildings within certain cities.  1. Multiple dwelling buildings,\nreconstructed, altered, converted back to an owner occupied single\nfamily dwelling or any owner occupied multiple dwelling located in any\ncity having a population of more than ninety thousand inhabitants but\nless than one hundred thousand inhabitants, determined in accordance\nwith the latest federal decennial census, that is reduced to at most two\nunits by such reconstruction subsequent to the effective date of a local\nlaw pursuant to this section shall be exempt from taxation and special\nad valorem levies to the extent provided hereinafter. After a public\nhearing, the governing board of such city may adopt a local law to grant\nthe exemption authorized pursuant to this section. A copy of such local\nlaw shall be filed with the commissioner and the assessor of such city\nwho prepares the assessment roll on which the taxes of such city are\nlevied.\n  2. (a) Such buildings within such city shall be exempt for a period of\none year to the extent of one hundred percent of the increase in\nassessed value attributable to such reconstruction, alteration or\nimprovement and for an additional period of seven years subject to the\nfollowing:\n  (i) The extent of such exemption shall be decreased by twelve and\none-half percent of the "exemption base" each year during such\nadditional period. The "exemption base" shall be the increase in\nassessed value as determined in the initial year of the term of the\nexemption, except as provided in subparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) Such exemption shall be limited to one hundred thousand dollars\nin increased market value, or such other sum less than one hundred\nthousand dollars, but not less than ten thousand dollars as may be\nprovided by the local law or resolution, of the property attributable to\nsuch reconstruction, alteration or improvement and any increase in\nmarket value greater than such amount shall not be eligible for the\nexemption pursuant to this section. For the purposes of this section,\nthe market value of the reconstruction, alteration or improvement shall\nbe equal to the increased assessed value attributable to such\nreconstruction, alteration or improvement divided by the most recently\nestablished state equalization rate for such city. Where the state\nequalization rate or special equalization rate equals or exceeds\nninety-five percent, the increase in assessed value attributable to such\nreconstruction, alteration or improvement shall be deemed to equal the\nmarket value of such reconstruction, alteration or improvement.\n  (b) No such exemption shall be granted for reconstruction, alterations\nor improvements unless:\n  (i) such reconstruction, alteration or converted improvement was\ncommenced subsequent to the effective date of the local law adopted\npursuant to subdivision one of this section by such city; and\n  (ii) the value of such reconstruction, alteration or improvement\nexceeds five thousand dollars; and\n  (iii) the greater portion, as so determined by square footage, of the\nbuilding reconstructed, altered or improved is at least five years old.\n  (c) For purposes of this section the terms reconstruction, alteration\nand improvement shall not include ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. The\napplication shall be filed with the assessor of such city on or before\nthe appropriate taxable status date of such city.\n  4. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch building shall thereafter be exempt from taxation and special ad\nvalorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date\nreferred to in subdivision three of this section. The assessed value of\nany exemption granted pursuant to this section shall be entered by the\nassessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n  5. For the purposes of this section, an owner occupied multiple\ndwelling building shall mean any building or structure designed and\noccupied as the temporary or permanent residence or home of two or more\nfamilies, including the owner of such building.\n  6. In the event that a building granted an exemption pursuant to this\nsection ceases to be used primarily for residential purposes or title\nthereto is transferred to other than the heirs or distributees of the\nowner, the exemption granted pursuant to this section shall cease.\n  7. (a) The enactment of a local law in such city may:\n  (i) reduce the percent of exemption otherwise allowed pursuant to this\nsection;\n  (ii) limit eligibility for the exemption to those forms of\nreconstruction, alterations or improvements as are prescribed in such\nlocal law or resolution;\n  (iii) provide that the exemption shall be applicable only to those\nimprovements which would otherwise result in an increase in the assessed\nvaluation of the real property but which consist of an addition,\nremodeling or modernization to an existing owner occupied multiple\nresidence structure to prevent physical deterioration of the structure\nor to comply with applicable building, sanitary, health and/or fire\ncodes.\n  (b) No such local law shall reduce or repeal an exemption granted\npursuant to this section until the expiration of the period for which\nsuch exemption was granted.\n  * NB There are 2 § 421-i's\n
N.Y. PBH Law § 238-C — New York Code / Act PBH / Article 2 / Title 2-D / Section 238-C
Provider reporting requirements
Status: in_force

§ 238-c. Provider reporting requirements. Each health care provider\nproviding clinical laboratory, pharmacy services, radiation therapy\nservices, physical therapy services or x-ray or imaging services shall\nreport to the commissioner in writing every two years information\nconcerning the provider's ownership arrangements, including the health\nor health related items or services provided by the provider and the\nnames and professional license numbers or any appropriate program\nprovider numbers of practitioners with an ownership or investment\ninterest in the provider, or whose immediate relatives have such an\nownership or investment. The information required to be reported to the\ncommissioner pursuant to this section to the extent practicable shall be\nconsistent with the information required pursuant to federal law and\nregulations to be reported to the secretary of health and human services\nfor health care providers providing items or services to beneficiaries\nof title XVIII of the federal social security act (medicare). The\ncommissioner shall consult with the commissioner of social services to\navoid duplication of reporting requirements for health care providers\nthat participate in the medical assistance program pursuant to title\neleven of article five of the social services law.\n
N.Y. RPT Law § 489-GGG — New York Code / Act RPT / Article 4 / Title 2-C / Section 489-GGG
Continuation of tax exemption; termination of tax exemption
Status: in_force

§ 489-ggg. Continuation of tax exemption; termination of tax\nexemption. The tax exemption approved by the board shall continue in\naccordance with this title, provided that the applicant files an annual\ncertificate of continuing use stating that the structure and property\ncontinue to be used for the industrial or commercial purposes justifying\nthe issuance of the certificate of eligibility.  The certificate of\ncontinuing use shall be filed with the tax commission on such form or\nforms and containing such information as shall be prescribed by the tax\ncommission. The tax commission shall have authority to terminate a tax\nexemption on failure of an applicant to file an annual certificate of\ncontinuing use or on the recommendation of the finance commissioner who,\nin reviewing the certificate filed by an applicant, has determined that\nthe structure or property has ceased to be used for the industrial or\ncommercial purposes justifying the issuance of the certificate of\neligibility.\n
N.Y. EDN Law § 2590-N — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-N
Conflicts of interest
Status: in_force

§ 2590-n. Conflicts of interest. * 1. It shall be unlawful for any\ncommunity board member, community superintendent, or any such other\nofficer or employee in schools and programs under the jurisdiction of\nthe community board as the chancellor by regulation shall specify, to be\ndirectly or indirectly interested in the furnishing of any supplies or\nmaterials, or in the doing of any work or labor, or in the sale or\nleasing of any real estate, or in any proposal, agreement, or contract\nfor any of these purposes, in any case in which the price or\nconsideration is to be paid, in whole or in part, directly or\nindirectly, out of any school moneys, or who shall have received from\nany source whatever any commission or compensation in connection with\nany of the matters aforesaid.\n  * NB Effective until June 30, 2028\n  * 1. It shall be unlawful for any community board member, community\nsuperintendent or any such other officer or employee in schools and\nprograms under the jurisdiction of the community board as the city board\nby regulation shall specify, to be directly or indirectly interested in\nthe furnishing of any supplies or materials, or in the doing of any work\nor labor, or in the sale or leasing of any real estate, or in any\nproposal, agreement or contract for any of these purposes, in any case\nin which the price or consideration is to be paid, in whole or in part,\ndirectly or indirectly, out of any school moneys, or who shall have\nreceived from any source whatever any commission or compensation in\nconnection with any of the matters aforesaid.\n  * NB Effective June 30, 2028\n  2. a. A community board member may not (i) use his official authority\nor influence for the purpose of interfering with or affecting the result\nof an election or a nomination for office; or (ii) directly or\nindirectly coerce, attempt to coerce or command a community board\nemployee or a city board employee to pay, lend or contribute anything of\nvalue to a party, committee, organization, agency or person for\npolitical purposes or to participate in any political campaign.\n  b. Notwithstanding any provision of this subdivision to the contrary,\na community board member may participate in, affect or aid the result of\nsuch person's own election or nomination for office or express opinions\non political subjects and candidates.\n  c. Nothing in this subdivision shall be construed (i) to limit the\napplicability of section one hundred seven of the civil service law to\ncommunity board members; or (ii) to preclude a community board member\nfrom carrying out any duty prescribed by law.\n  3. Violation of this section shall constitute cause for removal from\noffice in accordance with notice and hearing provisions contained in\nregulations and by-laws of the city board.\n  4. The provisions of this section shall not apply to authors of school\nbooks used in any of the public schools because of any interest they may\nhave as authors in such books.\n
N.Y. EDN Law § 1712 — New York Code / Act EDN / Title 2 / Article 35 / Section 1712
Kindergartens; nursery and night schools
Status: in_force

§ 1712. Kindergartens; nursery and night schools.  1. The board of\neducation of each school district may maintain kindergartens which shall\nbe free to resident children between the ages of four and six years,\nprovided, however, such board may fix a higher minimum age for admission\nto such kindergartens.\n  2. A board of education may  maintain nursery schools which shall be\nfree to resident children and may fix the age for admission.\n  3. Night schools wherein the common branches and such additional\nsubjects as may be adapted to students applying for instruction are\ntaught on at least two nights each week, for two hours each night, shall\nbe maintained by the board of education and in each school district\nwhere twenty or more persons from seventeen to twenty-one years of age\nare required to attend upon evening instruction, or where twenty or more\npersons over the age of sixteen years make applications for instruction\nin a night school, on at least fifty nights.  All night schools shall be\nfree to all persons residing in the district.\n
N.Y. ELN Law § 5-226 — New York Code / Act ELN / Article 5 / Title 2 / Section 5-226
Registration; voter registered in wrong district
Status: in_force

§ 5-226. Registration; voter registered in wrong district. 1.  If any\nvoter has been registered in a wrong election district, the board of\nelections shall, if he is a qualified voter in any election district\nwithin the jurisdiction of such board, change his registration to the\ncorrect election district. The board of elections shall thereupon give\nimmediate notice by mail to such voter that his registration has been\ncorrected, and also the location of the polling place of the election\ndistrict in which he is a qualified voter.\n  2. If such voter does not reside in any election district within the\njurisdiction of the board, his registration shall be cancelled and he\nshall be notified of the cancellation and the reason therefor.\n  3. The board shall maintain a list of all such corrections and\ncancellations as a public record in its office and shall deliver a copy\nof such list to the chairman of each political party seven days before\neach election.\n
N.Y. VAT Law § 226 — New York Code / Act VAT / Title 2 / Article 2-A / Section 226
Summons; answer
Status: in_force

§ 226. Summons; answer. 1. Summons. The commissioner shall be\nauthorized to prescribe by regulation the form for the summons and\ncomplaint to be used for all traffic violations specified in subdivision\none of section two hundred twenty-five of this chapter, and to establish\nprocedures for proper administrative controls over the disposition\nthereof. Such summons may be the same as the uniform summons provided\nfor in section two hundred seven of this chapter. The chief executive\nofficer of each local police force which is required to use the summons\nand complaint provided for herein shall prepare or cause to be prepared\nsuch records and reports as may be prescribed by the commissioner.\n  1-a. Return date notifications. The commissioner shall notify any\nperson who receives a summons and complaint for any traffic violation\nspecified in subdivision one of section two hundred twenty-five of this\narticle of the time and place of the return date for such summons, no\nlater than one week prior to such return date. The commissioner shall\nsend such notification by first class mail at the address of such person\non file with the department or at the current address provided by the\nUnited States postal service in accordance with section two hundred\nfourteen of this title.\n  2. Answer. (a) General. Any person who receives a summons for a\nviolation described in subdivision one of section two hundred\ntwenty-five of this chapter shall answer such summons by personally\nappearing on the return date at the time and place specified therein.\nProvided, however, that an answer may be made as provided in paragraphs\n(b) and (c) of this subdivision and the regulations of the commissioner.\n  (b) Answer by mail -- admitting charge. If a person charged with the\nviolation admits to the violation as charged in the summons, he may\ncomplete an appropriate form prescribed by the commissioner and forward\nsuch form and summons, together with the appropriate part of his\nlicense, if required by the commissioner's regulations, to the office of\nthe department specified on such summons. If a schedule of penalties for\nviolations has been established, and such schedule appears on the answer\nform, a check or money order in the amount of the penalty for the\nviolation charged if included in such schedule, must also be submitted\nwith such answer. Unless permitted by the regulations of the\ncommissioner, such plea may not be made by mail for any offense for\nwhich suspension or revocation of a driver's license is required by law,\nor for any other offense if the conviction thereof would result in a\nhearing pursuant to a highway safety program established under the\nprovisions of subdivision three of section five hundred ten of this\nchapter.\n  (c) Answer by mail - denial of charges. If the person charged with the\nviolation denies part or all of the violation as charged in the summons,\nhe may complete an appropriate form prescribed by the commissioner for\nthat purpose and forward such form and summons to the office of the\ndepartment specified on such summons. Upon receipt, such answer shall be\nentered and a hearing date established by the department. The department\nshall notify such person by return mail of the date of such hearing.\n  3. Failure to answer or appear; entry of order.  (a) If the person\ncharged with the violation shall fail to answer the summons as provided\nherein, the commissioner may suspend such person's license or driving\nprivilege or, if the charge involves a violation of section three\nhundred eighty-five, section four hundred one or section five hundred\neleven-a of this chapter by a registrant who was not the operator of the\nvehicle, the registration of such vehicle or the privilege of operation\nof any motor vehicle owned by such registrant may be suspended, until\nsuch person shall answer as provided in subdivision two of this section,\nor has paid or has entered into an installment payment plan to pay the\nfine associated with a conviction entered as a result of the failure to\nappear in response to such summons, or the defendant has been acquitted\nof the charge that led to the suspension or such charge was otherwise\ndismissed. If a person shall fail to appear at a hearing, when such is\nprovided for pursuant to this section, such person's license, or\nregistration or privilege of operating or of operation, as appropriate,\nmay be suspended pending appearance at a subsequent hearing, or the\ndisposition of the charges involved. Any suspension permitted by this\nsubdivision, if already in effect, may be terminated or if not yet in\neffect, may be withdrawn or withheld, prior to the disposition of the\ncharges involved if such person shall appear and post security in the\namount of forty dollars to guarantee his or her appearance at any\nrequired hearing. The security posted pursuant to this subdivision shall\nbe returned upon appearance at the scheduled hearing or an adjourned\nhearing which results in a final disposition of the charge, and\notherwise shall be forfeited. If a suspension has been imposed pursuant\nto this subdivision and the case is subsequently transferred pursuant to\nsubdivision two of section two hundred twenty-five of this article, such\nsuspension shall remain in effect until the person answers the charges\nin the court to which the case was transferred. Any suspension issued\npursuant to this paragraph shall be subject to the provisions of\nparagraph (j-1) of subdivision two of section five hundred three of this\nchapter.\n  (b) Failure to answer or appear in accordance with the requirements of\nthis section and any regulations promulgated hereunder shall be deemed\nan admission to the violation as charged, and an appropriate order may\nbe entered in the department's records, and a fine consistent with the\nprovisions of this chapter and regulations of the commissioner may be\nimposed by the commissioner or person designated by the commissioner.\nPrior to entry of an order and imposition of a fine, the commissioner\nshall notify such person by mail at the address of such person on file\nwith the department or at the current address provided by the United\nStates postal service in accordance with section two hundred fourteen of\nthis title: (i) of the violation charged; (ii) of the impending entry of\nsuch order and fine; (iii) that such order and fine may be filed as a\njudgment with the county clerk of the county in which the operator or\nregistrant is located; and (iv) that entry of such order and imposition\nof such fine may be avoided by entering a plea or making an appearance\nwithin thirty days of the sending of such notice. In no case shall such\nan order and fine be entered and imposed more than two years after the\ndate of the alleged violation. Upon application in such manner and form\nas the commissioner shall prescribe an order and fine shall be vacated\nupon the ground of excusable default.\n
N.Y. EDN Law § 2852 — New York Code / Act EDN / Title 2 / Article 56 / Section 2852
Issuance of charter
Status: in_force

§ 2852. Issuance of charter. 1. A charter entity that receives an\napplication for approval of a charter school shall act on each request\nreceived prior to July first of a calendar year on or before January\nfirst of the succeeding calendar year, and a proposed charter between\nthe applicant and the charter entity resulting from such application\nshall be executed on or before February first of such succeeding year.\nNothing in this subdivision shall be construed to prevent a charter\nentity from receiving or acting upon an application at any time. This\nsubdivision shall not apply to applications that are submitted pursuant\nto subdivision nine-a of this section.\n  2. An application for a charter school shall not be approved unless\nthe charter entity finds that:\n  (a) the charter school described in the application meets the\nrequirements set out in this article and all other applicable laws,\nrules and regulations;\n  (b) the applicant can demonstrate the ability to operate the school in\nan educationally and fiscally sound manner;\n  (c) granting the application is likely to improve student learning and\nachievement and materially further the purposes set out in subdivision\ntwo of section twenty-eight hundred fifty of this article;\n  (d) in a school district where the total enrollment of resident\nstudents attending charter schools in the base year is greater than five\npercent of the total public school enrollment of the school district in\nthe base year (i) granting the application would have a significant\neducational benefit to the students expected to attend the proposed\ncharter school or (ii) the school district in which the charter school\nwill be located consents to such application; and\n  (e) for applicants for an initial charter pursuant to paragraph (b-1)\nof subdivision nine of this section in a school district located in a\ncity with a population of one million or more, the total enrollment of\nstudents attending charter schools within the community district in\nwhich the charter school will be located in the base year is less than\nor equal to fifty-five percent of the total public school enrollment\nattending within such community district in the base year.\n  In reviewing applications, the charter entity is encouraged to give\npreference to applications that demonstrate the capability to provide\ncomprehensive learning experiences to students identified by the\napplicants as at risk of academic failure.\n  3. A charter entity is not required to approve a charter and may\nrequire an applicant to modify or supplement an application as a\ncondition of approval. An existing private school shall not be eligible\nto convert to a charter school. In determining whether an application\ninvolves the conversion of an existing private school, the charter\nentity and the board of regents shall consider such factors as: (a)\nwhether the charter school would have the same or substantially the same\nboard of trustees and/or officers as an existing private school; (b)\nwhether a substantial proportion of employees of the charter school\nwould be drawn from such existing private school; (c) whether a\nsubstantial portion of the assets and property of such existing private\nschool would be transferred to the charter school; (d) whether the\ncharter school would be located at the same site as such existing\nprivate school; (e) upon renewal only, whether such private school\nclosed within one year of establishment of the charter school; and (f)\nupon renewal only, whether a substantial portion of the charter school's\nstudents were drawn from such existing private school.\n  4. Each individual applicant seeking to establish a charter school\nshall submit a full set of fingerprints to the charter entity for the\npurpose of obtaining a state and federal criminal records check. The\ndivision of criminal justice services is authorized to provide this\ninformation to the federal bureau of investigation and to perform a\nstate and federal criminal records check on each applicant and report\nthe results to the charter entity and the board of regents. The criminal\nrecords check shall be completed to the satisfaction of the charter\nentity prior to approval of the application. The department and the\ndivision of criminal justice services shall enter into any memoranda of\nagreement necessary to implement the requirements of this subdivision.\n  5. Upon approval of an application by a charter entity, the applicant\nand charter entity shall enter into a proposed agreement allowing the\napplicants to organize and operate a charter school. Such written\nagreement, known as the charter, shall include (a) the information\nrequired by subdivision two of section twenty-eight hundred fifty-one of\nthis article, as modified or supplemented during the approval process,\n(b) in the case of charters to be issued pursuant to subdivision nine-a\nof this section, information required by such subdivision, (c) any other\nterms or conditions required by applicable laws, rules and regulations,\nand (d) any other terms or conditions, not inconsistent with law, agreed\nupon by the applicant and the charter entity. In addition, the charter\nshall include the specific commitments of the charter entity relating to\nits obligations to oversee and supervise the charter school. Within five\ndays after entering into a proposed charter, the charter entity other\nthan the board of regents shall submit to the board of regents a copy of\nthe charter, the application and supporting documentation for final\napproval and issuance by the board of regents in accordance with\nsubdivisions five-a and five-b of this section.\n  5-a. Upon receipt of a proposed charter submitted by a charter entity,\nthe board of regents shall review such proposed charter in accordance\nwith the standards set forth in subdivision two of this section, and any\nother applicable specifications required by this article. The board of\nregents shall either (a) approve and issue the charter as proposed by\nthe charter entity or (b) return the proposed charter to the charter\nentity for reconsideration with the written comments and recommendations\nof the board of regents. If the board of regents fails to act on such\nproposed charter within ninety days of its submission to the board of\nregents in accordance with the previous sentence, the proposed charter\nshall be deemed to have been approved and issued by the board of regents\nat the expiration of such period.\n  5-b. If the board of regents returns a proposed charter to the charter\nentity pursuant to the provisions of subdivision five-a of this section,\nsuch charter entity shall reconsider the proposed charter, taking into\nconsideration the comments and recommendation of the board of regents.\nThereafter, the charter entity shall resubmit the proposed charter to\nthe board of regents with modifications, provided that the applicant\nconsents in writing to such modifications, resubmit the proposed charter\nto the board of regents without modifications, or abandon the proposed\ncharter. The board of regents shall review each such resubmitted\nproposed charter in accordance with the provisions of subdivision five-a\nof this section; provided, however, that it shall be the duty of the\nboard of regents to approve and issue a proposed charter resubmitted by\nthe charter entity described in paragraph (b) of subdivision three of\nsection twenty-eight hundred fifty-one of this article within thirty\ndays of the resubmission of such proposed charter or such proposed\ncharter shall be deemed approved and issued at the expiration of such\nperiod.\n  6. The denial of an application for a charter school by a charter\nentity shall be in writing and shall state the reasons for the denial.\nNotwithstanding any provision of law to the contrary, such denial is\nfinal and shall not be reviewable in any court or by any administrative\nbody.\n  7. (a) A revision of a charter shall be made only upon the approval of\nthe charter entity and the board of regents in accordance with the\nprovisions of subdivisions five-a and five-b of this section.\n  (b) When a revision of a charter involves the relocation of a charter\nschool to a different school district, the proposed new school district\nshall be given at least forty-five days notice of the proposed\nrelocation. In addition, the applicant shall provide an analysis of the\ncommunity support for such relocation and of the projected programmatic\nand fiscal impact of the charter school on the proposed new school\ndistrict of location and other public and nonpublic schools in the area.\n  8. A charter entity shall not charge a fee or require reimbursement of\nexpenses for considering a charter application, for approving a charter\napplication or for providing oversight of a charter school.\n  9. The total number of charters issued pursuant to this article\nstatewide shall not exceed four hundred sixty. (a) All charters issued\non or after July first, two thousand fifteen and counted toward the\nnumerical limits established by this subdivision shall be issued by the\nboard of regents upon application directly to the board of regents or on\nthe recommendation of the board of trustees of the state university of\nNew York pursuant to a competitive process in accordance with\nsubdivision nine-a of this section. Fifty of such charters issued on or\nafter July first, two thousand fifteen, and no more, shall be granted to\na charter for a school to be located in a city having a population of\none million or more. The failure of any body to issue the regulations\nauthorized pursuant to this article shall not affect the authority of a\ncharter entity to propose a charter to the board of regents or the board\nof regents' authority to grant such charter. A conversion of an existing\npublic school to a charter school, or the renewal or extension of a\ncharter approved by any charter entity, shall not be counted toward the\nnumerical limits established by this subdivision.\n  (b) A charter that has been surrendered, revoked or terminated on or\nbefore July first, two thousand fifteen, including a charter that has\nnot been renewed by action of its charter entity, may be reissued\npursuant to paragraph (a) of this subdivision by the board of regents\neither upon application directly to the board of regents or on the\nrecommendation of the board of trustees of the state university of New\nYork pursuant to a competitive process in accordance with subdivision\nnine-a of this section. Provided that such reissuance shall not be\ncounted toward the statewide numerical limit established by this\nsubdivision, and provided further that no more than twenty-two charters\nmay be reissued pursuant to this paragraph.\n  (b-1) A charter that has been surrendered, revoked or terminated after\nJanuary first, two thousand fifteen, but before July first, two thousand\ntwenty-two, including a charter that has not been renewed by action of\nits charter entity, may be reissued once pursuant to paragraph (a) of\nthis subdivision by the board of regents either upon application\ndirectly to the board of regents or on the recommendation of the board\nof trustees of the state university of New York pursuant to a\ncompetitive process in accordance with subdivision nine-a of this\nsection. Provided that such reissuance shall not be counted toward the\nnumerical limits established by this subdivision, and provided further\nthat no more than twenty-two charters may be reissued pursuant to this\nparagraph, provided that fourteen of such reissued charters shall be\nallocated for, and shall not be counted toward the numerical limit in, a\ncity having a population of one million or more established in paragraph\n(a) of this subdivision. Nothing herein shall be construed to allow more\nthan fourteen such charters to be reissued in a city having a population\nof one million or more.\n  (c) For purposes of determining the total number of charters issued\nwithin the numerical limits established by this subdivision, the\napproval date of the charter entity shall be the determining factor.\n  (d) Notwithstanding any provision of this article to the contrary, any\ncharter authorized to be issued by chapter fifty-seven of the laws of\ntwo thousand seven effective July first, two thousand seven, and that\nremains unissued as of July first, two thousand fifteen, may be issued\npursuant to the provisions of law applicable to a charter authorized to\nbe issued by such chapter in effect as of June fifteenth, two thousand\nfifteen; provided however that nothing in this paragraph shall be\nconstrued to increase the numerical limit applicable to a city having a\npopulation of one million or more as provided in paragraph (a) of this\nsubdivision, as amended by a chapter of the laws of two thousand fifteen\nwhich added this paragraph.\n  9-a. (a) The board of regents is hereby authorized and directed to\nissue four hundred sixty charters statewide upon either applications\nsubmitted directly to the board of regents or upon the recommendation of\nthe board of trustees of the state university of New York pursuant to a\ncompetitive request for proposals process.\n  The board of regents shall make a determination to issue a charter\npursuant to a request for proposals no later than December thirty-first\nof each year.\n  (b) The board of regents and the board of trustees of the state\nuniversity of New York shall each develop such request for proposals in\na manner that facilitates a thoughtful review of charter school\napplications, considers the demand for charter schools by the community,\nand seeks to locate charter schools in a region or regions where there\nmay be a lack of alternatives and access to charter schools would\nprovide new alternatives within the local public education system that\nwould offer the greatest educational benefit to students. Applications\nshall be evaluated in accordance with the criteria and objectives\ncontained within a request for proposals. The board of regents and the\nboard of trustees of the state university of New York shall not consider\nany applications which do not rigorously demonstrate that they have met\nthe following criteria:\n  (i) that the proposed charter school would meet or exceed enrollment\nand retention targets, as prescribed by the board of regents or the\nboard of trustees of the state university of New York, as applicable, of\nstudents with disabilities, English language learners, and students who\nare eligible applicants for the free and reduced price lunch program.\nWhen developing such targets, the board of regents and the board of\ntrustees of the state university of New York, shall ensure (1) that such\nenrollment targets are comparable to the enrollment figures of such\ncategories of students attending the public schools within the school\ndistrict, or in a city school district in a city having a population of\none million or more inhabitants, the community school district, in which\nthe proposed charter school would be located; and (2) that such\nretention targets are comparable to the rate of retention of such\ncategories of students attending the public schools within the school\ndistrict, or in a city school district in a city having a population of\none million or more inhabitants, the community school district, in which\nthe proposed charter school would be located; and\n  (ii) that the applicant has conducted public outreach, in conformity\nwith a thorough and meaningful public review process prescribed by the\nboard of regents and the board of trustees of the state university of\nNew York, to solicit community input regarding the proposed charter\nschool and to address comments received from the impacted community\nconcerning the educational and programmatic needs of students.\n  (c) The board of regents and the board of trustees of the state\nuniversity of New York shall grant priority based on a scoring rubric to\nthose applications that best demonstrate how they will achieve the\nfollowing objectives, and any additional objectives the board of regents\nand the board of trustees of the state university of New York, may\nprescribe:\n  (i) increasing student achievement and decreasing student achievement\ngaps in reading/language arts and mathematics;\n  (ii) increasing high school graduation rates and focusing on serving\nspecific high school student populations including, but not limited to,\nstudents at risk of not obtaining a high school diploma, re-enrolled\nhigh school drop-outs, and students with academic skills below grade\nlevel;\n  (iii) focusing on the academic achievement of middle school students\nand preparing them for a successful transition to high school;\n  (iv) utilizing high-quality assessments designed to measure a\nstudent's knowledge, understanding of, and ability to apply, critical\nconcepts through the use of a variety of item types and formats;\n  (v) increasing the acquisition, adoption, and use of local\ninstructional improvement systems that provide teachers, principals, and\nadministrators with the information and resources they need to inform\nand improve their instructional practices, decision-making, and overall\neffectiveness;\n  (vi) partnering with low performing public schools in the area to\nshare best educational practices and innovations;\n  (vii) demonstrating the management and leadership techniques necessary\nto overcome initial start-up problems to establish a thriving,\nfinancially viable charter school;\n  (viii) demonstrating the support of the school district in which the\nproposed charter school will be located and the intent to establish an\nongoing relationship with such school district.\n  (d) No later than November first, two thousand ten, and of each\nsucceeding year, after a thorough review of applications received, the\nboard of trustees of the state university of New York shall recommend\nfor approval to the board of regents the qualified applications that it\nhas determined rigorously demonstrate the criteria and best satisfy the\nobjectives contained within a request for proposals, along with\nsupporting documentation outlining such determination.\n  (e) Upon receipt of a proposed charter to be issued pursuant to this\nsubdivision submitted by a charter entity, the board of regents or the\nboard of trustees of the state university of New York, shall review,\nrecommend and issue, as applicable, such charters in accordance with the\nstandards established in this subdivision.\n  (f) The board of regents shall be the only entity authorized to issue\na charter pursuant to this article. The board of regents shall consider\napplications submitted directly to the board of regents and applications\nrecommended by the board of trustees of the state university of New\nYork. Provided, however, that all such recommended applications shall be\ndeemed approved and issued pursuant to the provisions of subdivisions\nfive, five-a and five-b of this section.\n  (g) Each application submitted in response to a request for proposals\npursuant to this subdivision shall also meet the application\nrequirements set out in this article and any other applicable laws,\nrules and regulations.\n  (h) During the development of a request for proposals pursuant to this\nsubdivision the board of regents and the board of trustees of the state\nuniversity of New York shall each afford the public an opportunity to\nsubmit comments and shall review and consider the comments raised by all\ninterested parties.\n  10. Except in the case of a charter school formed by a school district\nas a charter entity pursuant to paragraph (a) of subdivision three of\nsection twenty-eight hundred fifty-one of this article, a charter school\nformed by approval of the regents or by operation of law on or after\nMarch fifteenth in any school year shall not commence instruction until\nJuly of the second school year next following.\n
N.Y. EDN Law § 2590-R — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-R
School based budgeting and expenditure reporting
Status: in_force

* § 2590-r. School based budgeting and expenditure reporting. The\nchancellor shall, in consultation with the city board and community\ndistrict superintendents, establish in regulations a comprehensive\nprocess of school-based budgeting and expenditure reporting no later\nthan November first, nineteen hundred ninety-eight. Notwithstanding any\nprovision of section twenty-five hundred ninety-q of this article to the\ncontrary, such regulations shall include provisions for:\n  a. the allocation of projected revenues among community districts and\ntheir schools on the basis of objective formulae developed by the\nchancellor, after consultation with the community councils, community\nsuperintendents and the mayor, and approved by the city board, such\nformulae shall reflect the relative educational needs of the community\ndistricts and their schools to the maximum extent feasible;\n  b. (i) following release of the executive budget of the city of New\nYork by the mayor of the city of New York, the chancellor to inform the\nprincipal of each school of that school's preliminary budget allocation,\nand the principal to propose a school-based budget, after consulting\nwith members of the school based management team and soliciting input\npursuant to sections twenty-five hundred ninety-h, and twenty-five\nhundred ninety-i of this article on budget priorities from all members\nof the school community;\n  (ii) for schools under the jurisdiction of a community superintendent,\nthe principal shall be required to provide written justification, in a\nform and manner prescribed by the community superintendent pursuant to\nparagraph (h) of subdivision one of section twenty-five hundred ninety-f\nof this article, to demonstrate that the school-based budget proposal is\naligned with the school's comprehensive educational plan;\n  c. the review, modification, approval and certification of the\nproposed school budget for schools under the jurisdiction of a community\nsuperintendent pursuant to paragraph (h) of subdivision one of section\ntwenty-five hundred ninety-f of this article;\n  d. within amounts estimated by the chancellor, the aggregation of the\nproposed school-based budgets, as modified and approved by the community\nsuperintendent, with a proposed budget for the administrative and\noperational expenses of the community superintendent and community\ncouncil, as developed by the community superintendent, for submission to\nthe chancellor;\n  e. the chancellor to develop a school-based budgeting process for\nschools under his or her jurisdiction consistent with this section which\nshall require that: (i) each principal provide written justification\ndemonstrating that the school-based budget is aligned with such school's\ncomprehensive educational plan; (ii) the school based management team\nsubmit comments regarding such justification; and (iii) the chancellor\ncertify that the school-based budget is sufficiently aligned with such\nschool's comprehensive educational plan after reviewing the principal's\njustification and the school based management team's comments;\n  f. the aggregation of the community district budgets, as modified and\napproved by the chancellor, with a proposed budget for administrative\nand operational expenditures of the city board and the chancellor, as\nprepared by the chancellor, for submission to and adoption by the city\nboard after a public hearing;\n  g. after final adoption of the budget for the city district by the\nmayor and city council, a process of distributing any reductions or\nincreases required by such adoption in an equitable manner which\nconsiders the relative needs of community districts and schools to the\nmaximum extent feasible and for modifying the proposed budget\naccordingly. Such process shall include an analysis of the relative\nfunding levels of the state, the city, the federal government, and other\nsources of funds; a comparison of the level of such funding against\nprevious years' total appropriations and actual expenditures; and an\nanalysis of the distribution of funds;\n  h. a comprehensive system of public reporting on the final enacted\nbudget including the levels of appropriation provided by the city, the\nstate and the federal government with a comparison of the level of such\nfunding against previous years' totals, and an explanation of the final\nbudget;\n  i. procedures for schools, superintendents and the chancellor to\nmodify and reallocate monies in the enacted budget;\n  j. a uniform system of budget requests, reports and appropriations.\nSuch units of appropriation shall include (i) such compensation and\nbenefits for staff; (ii) instruction and for pupil services, including\ncosts for purchases, library services, instructional materials, and all\nother school-based instructional and instructional support costs\nattributable to other than personal services; (iii) administrative and\nnon-instructional cost and (iv) extra-curricular activities;\n  k. the provision of appropriate technical support and training to\nschool personnel, parents and other participants in school-based\nbudgeting;\n  l. a comprehensive planning and monitoring process to promote the\nimplementation of school-based budgeting;\n  m. an annual update of a capital plan by the superintendent with\nparticipation of principals and schools, addressing health and safety,\nmaintenance, capacity and technology; and\n  n. a collaborative school-based planning process involving parents,\nteachers, other school personnel and, where appropriate, students to\neffectuate the purposes of this section.\n  * NB Effective until June 30, 2028\n  * § 2590-r. School based budgeting and expenditure reporting. The\nchancellor shall, in consultation with the city board and community\ndistrict superintendents, establish in regulations a comprehensive\nprocess of school-based budgeting and expenditure reporting no later\nthan November first, nineteen hundred ninety-eight. Notwithstanding any\nprovision of section twenty-five hundred ninety-q of this article to the\ncontrary, such regulations shall include provisions for:\n  a. the allocation of projected revenues among community districts and\ntheir schools on the basis of objective formulae developed by the\nchancellor, after consultation with the community boards, community\nsuperintendents and the mayor, and approved by the city board, such\nformulae shall reflect the relative educational needs of the community\ndistricts and their schools to the maximum extent feasible;\n  b. the principal of each school to propose a school-based expenditure\nbudget, after soliciting input pursuant to section twenty-five hundred\nninety-h, and twenty-five hundred ninety-i of this article on budget\npriorities from all members of the school community;\n  c. the review, modification and approval of the proposed school budget\nby the community superintendent;\n  d. within amounts estimated by the chancellor, the aggregation of the\nproposed school-based budgets, as modified and approved by the community\nsuperintendent, with a proposed budget for the administrative and\noperational expenses of the community superintendent and community\nboard, as developed by the community superintendent, for submission to\nthe chancellor;\n  e. the chancellor to develop a school-based budgeting process for\nschools under his or her jurisdiction consistent with this section;\n  f. the aggregation of the community district budgets, as modified and\napproved by the chancellor, with a proposed budget for administrative\nand operational expenditures of the city board and the chancellor, as\nprepared by the chancellor, for submission to and adoption by the city\nboard after a public hearing;\n  g. after final adoption of the budget for the city district by the\nmayor and city council, a process of distributing any reductions or\nincreases required by such adoption in an equitable manner which\nconsiders the relative needs of community districts and schools to the\nmaximum extent feasible and for modifying the proposed budget\naccordingly. Such process shall include an analysis of the relative\nfunding levels of the state, the city, the federal government, and other\nsources of funds; a comparison of the level of such funding against\nprevious years' total appropriations and actual expenditures; and an\nanalysis of the distribution of funds;\n  h. a comprehensive system of public reporting on the final enacted\nbudget including the levels of appropriation provided by the city, the\nstate and the federal government with a comparison of the level of such\nfunding against previous years' totals, and an explanation of the final\nbudget;\n  i. procedures for schools, superintendents and the chancellor to\nmodify and reallocate monies in the enacted budget;\n  j. a uniform system of budget requests, reports and appropriations.\nSuch units of appropriation shall include (i) such compensation and\nbenefits for staff; (ii) instruction and for pupil services, including\ncosts for purchases, library services, instructional materials, and all\nother school-based instructional and instructional support costs\nattributable to other than personal services; (iii) administrative and\nnon-instructional cost and (iv) extra-curricular activities;\n  k. the provision of appropriate technical support and training to\nschool personnel, parents and other participants in school-based\nbudgeting;\n  l. a comprehensive planning and monitoring process to promote the\nimplementation of school-based budgeting;\n  m. an annual update of a capital plan by the superintendent with\nparticipation of principals and schools, addressing health and safety,\nmaintenance, capacity and technology; and\n  n. a collaborative school-based planning process involving parents,\nteachers, other school personnel and, where appropriate, students to\neffectuate the purposes of this section.\n  * NB Effective June 30, 2028\n
N.Y. PBA Law § 1041 — New York Code / Act PBA / Article 5 / Title 2 / Section 1041
County may levy tax within district
Status: in_force

* § 1041. County may levy tax within district. Should it appear to the\nboard of supervisors at any time that the revenue of the authority is or\nwill be insufficient to provide for the payment of any bonds issued\nunder this title and to reimburse the county for any moneys that it may\nhave advanced to the authority, the board of supervisors shall determine\nthe amount of money necessary to be raised for such purpose, and shall\nlevy a tax on the territory of the district and upon the several parcels\nof real estate in the district in an amount sufficient to produce the\namount necessary to be raised as aforesaid; provided that such tax shall\nnot be levied to pay any bonds of the authority unless the authority\nwith the consent of the board of supervisors has pledged such tax prior\nto the issuance of such bonds. Such tax shall be levied and apportioned\nupon such territory and collected from the several parcels of real\nestate in the district in like manner as other county taxes.\n  It is hereby determined that the liability imposed upon the territory\nincluded in the district is based upon the special benefit to such\nterritory accruing under this title and that the tax to be levied\nbecause of such liability and in proportion to the taxable value of real\nestate in such territory will be in proportion to such benefits.\n  * NB Terminated July 1, 1963\n
N.Y. DOM Law § 76-A — New York Code / Act DOM / Article 5-A / Title 2 / Section 76-A
Exclusive, continuing jurisdiction
Status: in_force

§ 76-a. Exclusive, continuing jurisdiction. 1. Except as otherwise\nprovided in section seventy-six-c of this title, a court of this state\nwhich has made a child custody determination consistent with section\nseventy-six or seventy-six-b of this title has exclusive, continuing\njurisdiction over the determination until:\n  (a) a court of this state determines that neither the child, the child\nand one parent, nor the child and a person acting as a parent have a\nsignificant connection with this state and that substantial evidence is\nno longer available in this state concerning the child's care,\nprotection, training, and personal relationships; or\n  (b) a court of this state or a court of another state determines that\nthe child, the child's parents, and any person acting as a parent do not\npresently reside in this state.\n  2. A court of this state which has made a child custody determination\nand does not have exclusive, continuing jurisdiction under this section\nmay modify that determination only if it has jurisdiction to make an\ninitial determination under section seventy-six of this title.\n
N.Y. PBA Law § 2824 — New York Code / Act PBA / Article 9 / Title 2 / Section 2824
Role and responsibilities of board members
Status: in_force

§ 2824. Role and responsibilities of board members. 1. Board members\nof state and local authorities shall (a) execute direct oversight of the\nauthority's chief executive and other management in the effective and\nethical management of the authority; (b) understand, review and monitor\nthe implementation of fundamental financial and management controls and\noperational decisions of the authority; (c) establish policies regarding\nthe payment of salary, compensation and reimbursements to, and establish\nrules for the time and attendance of, the chief executive and\nmanagement; (d) adopt a code of ethics applicable to each officer,\ndirector and employee that, at a minimum, includes the standards\nestablished in section seventy-four of the public officers law; (e)\nestablish written policies and procedures on personnel including\npolicies protecting employees from retaliation for disclosing\ninformation concerning acts of wrongdoing, misconduct, malfeasance, or\nother inappropriate behavior by an employee or board member of the\nauthority, investments, travel, the acquisition of real property and the\ndisposition of real and personal property and the procurement of goods\nand services; (f) adopt a defense and indemnification policy and\ndisclose such plan to any and all prospective board members; (g) perform\neach of their duties as board members, including but not limited to\nthose imposed by this section, in good faith and with that degree of\ndiligence, care and skill which an ordinarily prudent person in like\nposition would use under similar circumstances, and may take into\nconsideration the views and policies of any elected official or body, or\nother person and ultimately apply independent judgment in the best\ninterest of the authority, its mission and the public; (h) at the time\nthat each member takes and subscribes his or her oath of office, or\nwithin sixty days after the effective date of this paragraph if the\nmember has already taken and subscribed his or her oath of office,\nexecute an acknowledgment, in the form prescribed by the authorities\nbudget office after consultation with the attorney general, in which the\nboard member acknowledges that he or she understands his or her role,\nand fiduciary responsibilities as set forth in paragraph (g) of this\nsubdivision, and acknowledges that he or she understands his or her duty\nof loyalty and care to the organization and commitment to the\nauthority's mission and the public interest.\n  2. Individuals appointed to the board of a public authority shall\nparticipate in state approved training regarding their legal, fiduciary,\nfinancial and ethical responsibilities as directors of an authority\nwithin one year of appointment to a board. Board members shall\nparticipate in such continuing training as may be required to remain\ninformed of best practices, regulatory and statutory changes relating to\nthe effective oversight of the management and financial activities of\npublic authorities and to adhere to the highest standards of responsible\ngovernance.\n  3. No chair who is also the chief executive officer shall participate\nin determining the level of compensation or reimbursement, or time and\nattendance rules for the position of chief executive officer.\n  4. Board members of each state and local authority, or subsidiary\nthereof, shall establish an audit committee to be comprised of not less\nthan three independent members, who shall constitute a majority on the\ncommittee, and who shall possess the necessary skills to understand the\nduties and functions of the audit committee; provided, however, that in\nthe event that a board has less than three independent members, the\nboard may appoint non-independent members to the audit committee,\nprovided that the independent members must constitute a majority of the\nmembers of the audit committee. The committee shall recommend to the\nboard the hiring of a certified independent accounting firm for such\nauthority, establish the compensation to be paid to the accounting firm\nand provide direct oversight of the performance of the independent audit\nperformed by the accounting firm hired for such purposes.\n  5. Notwithstanding any provision of any general, special or local law,\nmunicipal charter or ordinance to the contrary, no board of a state or\nlocal authority shall, directly or indirectly, including through any\nsubsidiary, extend or maintain credit, arrange for the extension of\ncredit, or renew an extension of credit, in the form of a personal loan\nto or for any officer, board member or employee (or equivalent thereof)\nof the authority.\n  6. Members of the audit committee shall be familiar with corporate\nfinancial and accounting practices.\n  7. Board members of each state and local authority, or subsidiary\nthereof, shall establish a governance committee to be comprised of not\nless than three independent members, who shall constitute a majority on\nthe committee, and who shall possess the necessary skills to understand\nthe duties and functions of the governance committee; provided, however,\nthat in the event that a board has less than three independent members,\nthe board may appoint non-independent members to the governance\ncommittee, provided that the independent members must constitute a\nmajority of the members of the governance committee. It shall be the\nresponsibility of the members of the governance committee to keep the\nboard informed of current best governance practices; to review corporate\ngovernance trends; to recommend updates to the authority's corporate\ngovernance principles; to advise appointing authorities on the skills\nand experiences required of potential board members; to examine ethical\nand conflict of interest issues; to perform board self-evaluations; and\nto recommend by-laws which include rules and procedures for conduct of\nboard business.\n  8. Board members of each state and local authority, or subsidiary\nthereof which issues debt, shall establish a finance committee to be\ncomprised of not less than three independent members, who shall\nconstitute a majority on the committee, and who shall possess the\nnecessary skills to understand the duties and functions of the\ncommittee; provided, however, that in the event that a board has less\nthan three independent members, the board may appoint non-independent\nmembers to the finance committee, provided that the independent members\nmust constitute a majority of the members of the finance committee. It\nshall be the responsibility of the members of the finance committee to\nreview proposals for the issuance of debt by the authority and its\nsubsidiaries and make recommendations.\n
N.Y. PBH Law § 1520 — New York Code / Act PBH / Article 15 / Title 2 / Section 1520
County mosquito control commission; appointment; membership
Status: in_force

§ 1520. County mosquito control commission; appointment; membership.\n1. Within ten days after the presentation of a petition for the\nestablishment of a county mosquito control commission, signed and\nacknowledged by two hundred residents of the county in the same manner\nas are deeds entitled to be recorded, the board of supervisors of a\ncounty, adjacent to a county in the state of New York which contains not\nmore than three towns and which is adjacent to a city having a\npopulation of over three million, shall appoint a county mosquito\ncontrol commission as hereinafter provided.\n  2. Each county mosquito control commission shall consist of\n  (a) four resident taxpayers of the county, to be appointed by the\nboard of supervisors of the county duly convened by the chairman thereof\nfor the purpose of making the said appointments; and,\n  (b) one member, to be appointed by the commissioner, who shall be a\nresident of the county for which such commission is appointed, and who\nshall have equal powers, privileges and duties with the other members of\nsuch commission, and who shall, in addition thereto represent the\ncommissioner in all matters as the commissioner may direct; and,\n  (c) the chairman of the board of supervisors of the said county, who\nshall be a member ex-officio of said commission and who shall have equal\npowers, privileges and duties with the other members of such commission.\n  3. Each county mosquito control commission shall be known as "The\n(here shall be inserted the name of the county in and for which the\ncommissioners are to be appointed) County Mosquito Control Commission."\n  4. The chairman of the board of supervisors of each county for which a\ncounty mosquito control commission is to be appointed pursuant to the\nprovisions of this section shall convene the said board at the most\nsuitable and convenient place, or otherwise arrange for concerted action\nfor the purpose of acting as a board for the appointment of the four\nresident taxpayers in such county, as herein provided. The members of\nsuch appointing board shall serve without pay, except that the necessary\nexpenses of each member for actual attendance at any meeting of such\nboard shall be allowed and paid.\n