N.Y. ENV Law § 15-0101 — New York Code / Act ENV / Article 15 / Title 1 / Section 15-0101
Short title
Status: in_force

§ 15-0101. Short title.\n  This article 15 of the Environmental Conservation Law shall be known\nas the Water Resources Law. However, sections of the Environmental\nConservation Law falling within this article 15 may be cited either as\nsuch sections of the Environmental Conservation Law or as such sections\nof the Water Resources Law.\n
N.Y. PBH Law § 4104 — New York Code / Act PBH / Article 41 / Title 1 / Section 4104
Vital statistics; application of article
Status: in_force

§ 4104. Vital statistics; application of article. The provisions of\nthis article except for the provisions contained in paragraph (i) of\nsubdivision two and subdivision four of section four thousand one\nhundred, section four thousand one hundred three, subdivision two of\nsection four thousand one hundred thirty-five, section four thousand one\nhundred thirty-five-b, subdivision eight of section four thousand one\nhundred seventy-four, paragraphs (b) and (e) of subdivision one,\nparagraph (a) and (b) of subdivision three, and subdivisions five and\neight of section four thousand one hundred thirty-eight, subdivision\neleven of section four thousand one hundred thirty-eight-c, paragraph\n(b) of subdivision three of section four thousand one hundred\nthirty-eight-d, section four thousand one hundred thirty-eight-e and\nsection four thousand one hundred seventy-nine of this article, shall\nnot apply to the city of New York.\n
N.Y. VAT Law § 141-A — New York Code / Act VAT / Title 1 / Article 1 / Section 141-A
Sanitation patrol vehicle
Status: in_force

§ 141-a. Sanitation patrol vehicle. Every vehicle operated by an\nofficer or member of the sanitation police of the department of\nsanitation of the city of New York, duly appointed and designated as a\npeace officer by such department, when such officer or member is acting\npursuant to his special duties.\n
N.Y. PBA Law § 3315 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3315
Tax exemption and tax contract by the state
Status: in_force

§ 3315. Tax exemption and tax contract by the state. 1. It is hereby\ndetermined that the creation of the corporation and the carrying out of\nits corporate purposes is in all respects for the benefit of the people\nof the state of New York and is a public purpose. Accordingly, the\ncorporation shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the corporation shall not be required to pay any fees, taxes,\nspecial ad valorem levies or assessments of any kind, except as provided\npursuant to the public health law, whether state or local, including but\nnot limited to fees, taxes, special ad valorem levies or assessments on\nreal property, franchise taxes, sales taxes or other taxes, upon or with\nrespect to any property owned by it or under its jurisdiction, control\nor supervision, or upon the uses thereof, or upon or with respect to its\nactivities or operations in furtherance of the powers conferred upon it\nby the title, or upon or with respect to any fares, tolls, rentals,\nrates, charges, fees, revenues or other income received by the\ncorporation.  Provided, however, that any real property owned or\nacquired by the corporation outside of the county shall be exempt from\nreal property taxes, ad valorem levies or special assessments only\npursuant to and to the extent provided by an agreement with the\ngoverning body of the municipality in which such real property is\nlocated. Provided, further, subsidiaries of the corporation are not\nincluded within the foregoing exemption.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the corporation\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the corporation issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n  4. The corporation may pay, or may enter into agreements with the\ncounty or any municipality to pay, a sum or sums annually or otherwise\nor to provide other considerations with respect to real property owned\nby the corporation located within the county or such municipality.\n
N.Y. PBH Law § 211 — New York Code / Act PBH / Article 2 / Title 1 / Section 211
Training
Status: in_force

§ 211. Training.  The commissioner may, within the appropriation\nallowed therefor, provide suitable training for personnel engaged in or\nto be engaged in the maintenance or improvement of public health in the\nstate.\n
N.Y. PBH Law § 2410 — New York Code / Act PBH / Article 24 / Title 1-B / Section 2410
Health research science board
Status: in_force

§ 2410. Health research science board. 1. There is hereby established\nin the department the health research science board. The board shall be\ncomprised of seventeen voting members, three non-voting regional members\nand three non-voting ex-officio members as follows:\n  (a) twelve voting members shall be scientists each of whom shall have\neither an M.D., D.O., Ph.D., or Dr.P.H. in one of the following fields:\nbiochemistry, biology, biostatistics, chemistry, epidemiology, genetics,\nimmunology, medicine, microbiology, molecular biology, nutrition,\noncology, reproductive endocrinology, or toxicology and must currently\nbe engaged in treating patients or conducting health research.  Such\nmembers shall be appointed in the following manner: two shall be\nappointed by the temporary president of the senate and one by the\nminority leader of the senate; two shall be appointed by the speaker of\nthe assembly and one by the minority leader of the assembly; six shall\nbe appointed by the governor;\n  (b) the governor shall appoint six regional members, three of whom\nshall serve as full voting members and three of whom shall serve as\nalternative members without voting rights. Such regional members shall\nbe persons who have or have had breast cancer, and shall be actively\ninvolved with a community-based, grass-roots breast cancer organization.\nTwo of such appointments shall be made upon the recommendation of the\ntemporary president of the senate and two shall be made upon the\nrecommendation of the speaker of the assembly. One regional member shall\nbe appointed from each of the following geographic areas of the state:\nLong Island, New York City, the Hudson Valley, Northern New York,\nCentral New York and Western New York. The order of appointments and\nrecommendations for appointments and voting rights shall rotate as\nfollows:\n  (i) The governor shall appoint regional members for three year terms\nin the following order:\n  (A) Long Island, which member shall have voting rights,\n  (B) Central New York, which member shall not have voting rights,\n  (C) Hudson Valley, which member shall have voting rights,\n  (D) Northern New York, which member shall not have voting rights,\n  (E) Western New York, which member shall have voting rights, and\n  (F) New York City, which member shall not have voting rights;\n  (ii) The governor, upon the recommendation of the temporary president\nof the senate, shall appoint regional members for three year terms in\nthe following order:\n  (A) Hudson Valley, which member shall not have voting rights,\n  (B) Northern New York, which member shall have voting rights,\n  (C) Western New York, which member shall not have voting rights,\n  (D) New York City, which member shall have voting rights,\n  (E) Long Island, which member shall have voting rights, and\n  (F) Central New York, which member shall not have voting rights; and\n  (iii) The governor, upon the recommendation of the speaker of the\nassembly, shall appoint regional members for three year terms in the\nfollowing order:\n  (A) Western New York, which member shall have voting rights,\n  (B) New York City, which member shall not have voting rights,\n  (C) Long Island, which member shall not have voting rights,\n  (D) Central New York, which member shall have voting rights,\n  (E) Hudson Valley, which member shall not have voting rights, and\n  (F) Northern New York, which member shall have voting rights;\n  (c) the governor shall appoint three non-voting ex officio members to\nthe board, one of whom shall be the commissioner, or his or her\ndesignee, one of whom shall be the commissioner of environmental\nconservation, or his or her designee, and one of whom shall be the\ndirector of the Cornell University Institute for Comparative and\nEnvironmental Toxicology, or his or her designee; and\n  (d) the governor shall appoint one voting member who shall be a person\nwho has or has survived breast cancer and one voting member who shall be\na person who has or has survived prostate or testicular cancer.\n  The governor shall designate the chair of the board. The governor,\ntemporary president of the senate, minority leader of the senate,\nspeaker of the assembly, and minority leader of the assembly may solicit\nrecommendations from the Centers for Disease Control and Prevention, the\nNational Institutes of Health, the Federal Agency For Health Care Policy\nand Research, and the National Academy of Sciences for appointments or\nrecommendations for appointments to the board.\n  2. All members shall serve for terms of three years and may be\nreappointed, such terms to commence July first and expire June\nthirtieth; provided, however, that of the scientific members first\nappointed, three such members, one appointed by the governor, one\nappointed by the temporary president of the senate and one appointed by\nthe speaker of the assembly, shall be appointed for terms of one year,\nand three such members, one appointed by the governor, one appointed by\nthe temporary president of the senate, and one appointed by the speaker\nof the assembly shall be appointed for a term of two years.\n  The board shall convene on or before September first, nineteen hundred\nninety-seven.\n  3. Any member, after notice and an opportunity to be heard, may be\nremoved by the governor for neglect of duty or malfeasance in office.\nAny member who fails to attend three consecutive meetings of the board,\nunless excused by formal vote of the board, shall be deemed to have\nvacated his or her position.\n  4. Any vacancy in the board shall be filled for the unexpired term in\nthe same manner as the original appointment.\n  5. A majority of the voting members of the board shall constitute a\nquorum for the transaction of any business or the exercise of any power\nor function of the board.\n  6. Members of the board shall not receive compensation for their\nservices as members, but shall be allowed their actual and necessary\nexpenses incurred in the performance of their duties.\n  7. For the purposes of this section the following counties shall\nconstitute the following geographic areas:\n  (a) Long Island: the counties of Nassau and Suffolk.\n  (b) New York City: the counties of Kings, Queens, Richmond, New York\nand Bronx.\n  (c) Hudson Valley: the counties of Westchester, Rockland, Putnam,\nOrange, Dutchess, Ulster, Greene, Columbia, Sullivan and Delaware.\n  (d) Northern New York: the counties of Albany, Clinton, Essex,\nFranklin, Fulton, Herkimer, Hamilton, Montgomery, Otsego, Rensselaer,\nSaratoga, Schenectady, Schoharie, Warren and Washington.\n  (e) Central New York: the counties of Broome, Cayuga, Chemung,\nChenango, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego,\nSeneca, Schuyler, St. Lawrence, Tioga, Tompkins and Wayne.\n  (f) Western New York: the counties of Allegany, Cattaraugus,\nChautauqua, Erie, Genesee, Niagara, Orleans, Wyoming, Livingston,\nMonroe, Ontario, Steuben and Yates.\n
N.Y. EDN Law § 695 — New York Code / Act EDN / Title 1 / Article 14-A / Section 695
Program established
Status: in_force

§ 695. Program established. There is hereby established the college\n choice tuition savings program and such program shall be known and may\n be cited as the "New York state college choice tuition savings\n program".\n
N.Y. PBA Law § 3310 — New York Code / Act PBA / Article 10-C / Title 1 / Section 3310
State and county not liable on corporation bonds
Status: in_force

§ 3310. State and county not liable on corporation bonds.  (a) The\nstate shall not be liable on the bonds or notes of the corporation and\nsuch bonds or notes shall not be a debt of the state, and such bonds and\nnotes shall contain on the face thereof a statement to such effect.\n  (b) Except as may be authorized by the county pursuant to section\nseven of article seventeen of the state constitution and section\nthirty-three hundred eight of this title, the county shall not be liable\non the bonds or notes of the corporation and such bonds or notes shall\nnot be a debt of the county, and such bonds and notes shall contain on\nthe face thereof a statement to such effect or a statement describing\nthe county liability thereon, if any.\n
N.Y. VAT Law § 144 — New York Code / Act VAT / Title 1 / Article 1 / Section 144
Sidewalk
Status: in_force

§ 144. Sidewalk.  That portion of a street between the curb lines, or\nthe lateral lines of a roadway, and the adjacent property lines,\nintended for the use of pedestrians.\n
N.Y. EDN Law § 356 — New York Code / Act EDN / Title 1 / Article 8 / Section 356
Councils of state-operated institutions; powers and duties
Status: in_force

§ 356. Councils of state-operated institutions; powers and duties. 1.\nSubject to the general management, supervision and control of and in\naccordance with rules established by the state university trustees, the\noperations and affairs of each state-operated institution of the state\nuniversity shall be supervised locally by a council consisting of ten\nmembers, nine of whom shall be appointed by the governor and one of whom\nshall be elected by and from among the students of the institution. Such\nvoting members shall be subject to every provision of any general,\nspecial or local law, ordinance, charter, code, rule or regulation\napplying to the voting members of such board with respect to the\ndischarge of their duties including, but not limited to, those\nprovisions setting forth codes of ethics, disclosure requirements and\nprohibiting business and professional activities. The election of the\nstudent member shall be conducted in accordance with rules and\nregulations promulgated by the respective representative campus student\nassociation in accordance with guidelines established by the state\nuniversity trustees. One member shall be designated by the governor as\nchairman. Where an undergraduate state-operated institution of the state\nuniversity is located adjacent to another institution of higher\neducation and students of such undergraduate state-operated institution\nare, under arrangements made by the state university, taking a\nsubstantial portion of their courses at such other institution, the\npresident or other head of such other institution shall be an ex-officio\nmember of the council for such undergraduate state-operated institution.\nInitial appointments, other than the student member and ex-officio\nmembers, shall be for terms expiring July first, nineteen hundred\nfifty-four, July first, nineteen hundred fifty-five, July first,\nnineteen hundred fifty-six, July first, nineteen hundred fifty-seven,\nJuly first, nineteen hundred fifty-eight, July first, nineteen hundred\nfifty-nine, July first, nineteen hundred sixty, July first, nineteen\nhundred sixty-one and, where there is no ex-officio member, July first,\nnineteen hundred sixty-two, respectively, and subsequent appointments,\nother than the student member, shall be for a full term of nine years\nfrom the first day of July of the calendar year in which the appointment\nis made. Vacancies shall be filled for the unexpired term in the same\nmanner as original selections. The term of office for each council\nmember appointed on or after April first, nineteen hundred eighty-six\nshall be seven years. The term of office for the student member shall be\none year commencing July first of the calendar year in which the\nelection is conducted, provided, however, that the term of the student\nmember first elected shall be nine months commencing October first,\nnineteen hundred seventy-five and expiring June thirtieth, nineteen\nhundred seventy-six. In the event that the student member ceases to be a\nstudent at the institution, such member shall be required to resign.\nMembers of such councils appointed by the governor may be removed by the\ngovernor. Members of such councils elected by the students of the\ninstitution may be removed by such students in accordance with rules and\nregulations promulgated by the respective representative campus student\nassociation in accordance with guidelines promulgated by the state\nuniversity trustees. Members of such councils shall receive no\ncompensation for their services but shall be reimbursed for the expenses\nactually and necessarily incurred by them in the performance of their\nduties hereunder.\n  2. The councils of state-operated institutions shall provide for\nregular meetings at least four times annually, and the chair, or any\nfive members by petition, may at any time call a special meeting of the\ncouncil and fix the time and place therefor. At least seven days notice\nof every meeting shall be mailed to the usual address of each member,\nunless such notice be waived by a majority of the council. Resolutions\nfor the consideration of the councils must be mailed to the usual\naddress of each council member no less than seven days prior to a\nmeeting, unless the chair shall make available in writing on the day of\nthe meeting the facts which necessitate an immediate vote. The agenda\nfor such meetings shall be available three days prior to the meetings\nand shall be considered public records. Five members attending shall\nconstitute a quorum for the transaction of business and the act of a\nmajority of the members present at any meeting shall be the act of the\ncouncil.\n  3. Subject to the general management, supervision, control and\napproval of, and in accordance with rules established by the state\nuniversity trustees, the council of each state-operated institution\nshall, with respect to the institution or institutions for which it\nserves, exercise the following powers:\n  a. recommend to the state university trustees candidates for\nappointment by the state university trustees as head of such\ninstitution;\n  b. review all major plans of the head of such institution for its more\neffective operation and make such recommendations with respect thereto\nas it deems appropriate. Such plans shall be submitted for approval by\nthe state university trustees, together with the recommendations of the\ncouncil with respect thereto. The state university trustees shall\ndetermine what constitute such major plans, which are hereby generally\ndefined to include, among others, plans for the appraisal or improvement\nof the faculty and other personnel, expansion or restriction of student\nadmissions, appraisal or improvement of academic programs and of\nstandards for the earning of degrees, expansion of institutional plants\nand appraisal or improvement of student activities and housing;\n  c. make regulations governing the care, custody and management of\nlands, grounds, buildings and equipment;\n  d. review the proposed budget requests for such institution prepared\nby the head thereof and recommend to the state university trustees a\nbudget for such institution;\n  e. foster the development of advisory citizens committees to render\nsuch assistance as the council may request, and to appoint the members\nof such citizens' committees. Members of such citizens' committees shall\nreceive no compensation for their services but shall be reimbursed for\nthe expenses actually and necessarily incurred by them in the\nperformance of their duties;\n  f. name buildings and grounds;\n  g. make regulations governing the conduct and behavior of students;\n  h. prescribe for and exercise supervision over student housing and\nsafety;\n  i. make an annual report to the state university trustees on or before\nSeptember first of each year, and report to them from time to time on\nany matter it believes requires their attention;\n  j. perform such other powers and duties as may be authorized or\nrequired by the state university trustees by general rules or special\ndirectives; and\n  k. make and establish, and from time to time alter and amend, such\nregulations pertaining to the affairs of its institution, not\ninconsistent with law or the rules of the state university trustees, as\nmay be necessary or appropriate to carry out effectively the foregoing\npowers and duties.\n
N.Y. PBH Law § 2404-C — New York Code / Act PBH / Article 24 / Title 1 / Section 2404-C
Breast cancer; duty of providers of mammography services to notify and inform
Status: in_force

§ 2404-c. Breast cancer; duty of providers of mammography services to\nnotify and inform. Every provider of mammography services shall, if a\npatient's mammogram demonstrates dense breast tissue, provide\nnotification to such patient that shall include, but not be limited to,\nthe following information, in any summary of the mammography report\nsent, pursuant to the federal mammography quality standards act, to the\npatient:\n  Your mammogram shows that your breast tissue is dense. Dense breast\ntissue is very common and is not abnormal. However, dense breast tissue\ncan make it harder to find cancer on a mammogram and may also be\nassociated with an increased risk of breast cancer.\n  This information about the result of your mammogram is given to you to\nraise your awareness. Use this information to talk to your doctor about\nyour own risks for breast cancer. At that time, ask your doctor if more\nscreening tests might be useful, based on your risk. A report of your\nresults was sent to your physician.\n  For the purposes of this section dense breast tissue shall mean\nheterogeneously dense or extremely dense tissue as defined in nationally\nrecognized guidelines or systems for breast imaging reporting of\nmammography screening, including, but not limited to, the breast imaging\nreporting and data system of the American College of Radiology, and any\nequivalent new terms, as such guidelines or systems are updated.\n
N.Y. ELD Law § 217 — New York Code / Act ELD / Article 2 / Title 1 / Section 217
Congregate services initiative for the elderly
Status: in_force

§ 217. Congregate services initiative for the elderly. 1. Definitions.\nAs used in this section, the following words shall have the following\nmeanings:\n  (a) "Designated agency" shall mean an agency which is designated by\nthe chief executive officer of the county if there be one, or otherwise\nthe governing board of such county, or the chief executive officer of\nthe city of New York, or the governing board of an Indian tribal\ncouncil; which is either a unit of county government or the city of New\nYork or an Indian tribal organization or a private non-profit agency,\nand which is the area agency on aging created pursuant to the federal\nolder Americans act of 1965.\n  (b) "Elderly person" shall mean a person sixty years of age or older.\n  (c) "County" shall mean a county, as defined in section three of the\ncounty law, except that the city of New York shall be considered one\ncounty.\n  (d) "Congregate services" shall mean services for elderly persons\nwhich are provided by a public or a government agency or non-profit\nagency which are provided in community settings at which elderly people\ncome together for services and activities that respond to their diverse\nneeds and interests, enhance their dignity, support their independence,\nand encourage their involvement in and with the community and which seek\nto prevent the well elderly from requiring more intensive services such\nas those provided under expanded non-medical in-home services and\nnon-institution respite service. Such services include but are not\nlimited to:\n  (1) Information and referral;\n  (2) Transportation;\n  (3) Nutrition-related services that deal with hunger among the\nelderly;\n  (4) Socialization/companionship;\n  (5) Educational and cultural opportunities;\n  (6) Counseling;\n  (7) Support services for families/caregivers;\n  (8) Volunteer opportunities;\n  (9) Employment services information;\n  (10) Health promotion and disease prevention services;\n  (11) Financial literacy education; and\n  (12) Elder abuse, including identity theft, education and outreach.\n  (e) "Non-profit agency" shall mean a corporation organized or existing\npursuant to the not-for-profit corporation law.\n  2. Notwithstanding any provision of this section, nothing contained\nherein shall give the director or a designated agency any\nadministrative, fiscal, supervisory, or other authority whatsoever over\nany plans, programs or expenditures authorized pursuant to titles\neighteen, nineteen and twenty of the federal social security act, or\nover any unit of state or local government.\n  3. Funding. (a) The director shall, within the amounts appropriated\ntherefor, make funds available to designated agencies for the provision\nof congregate services for elderly persons.\n  (b) The director shall distribute such funds based on a formula\ndeveloped by the office which shall take into account the geographic\ndistribution of elderly persons within the state and any other factors\ndeemed appropriate by the director.\n  4. (a) Except as otherwise provided in paragraph (b) of this\nsubdivision, the designated agency shall subcontract with public\nagencies, not-for-profit agencies, or other entities to provide\ncongregate services.\n  (b) The designated agency may directly operate, with the approval of\nthe director, congregate services.\n  (c) The designated agency may use up to five percent of the total of\nany funds provided to the designated agency pursuant to this section for\nadministration.\n  5. Designated agencies qualifying for funds under this section must\ninclude in the current county plan, required under section two hundred\nfourteen of this title, a description of the planning, coordination,\nadministrative and local funding priorities and activities necessary to\nachieve the goals and objectives of this section.\n  6. Within the amounts appropriated therefor, counties authorized to\nprovide congregate services pursuant to this section shall be eligible\nfor reimbursement by the state of up to seventy-five percent of\nallowable expenditures for approved services pursuant to this section.\n  7. The comptroller may withhold the payment of state aid to any county\nin the event that such county alters or discontinues the operations\napproved by the director pursuant to this section or otherwise fails to\ncomply with the regulations or requirements of the director.\n  8. Contracts for services. (a) For the purposes of this section,\ncounties are authorized to contract with public agencies,\nmunicipalities, non-profit agencies, or such other entities as the\ndirector may authorize.\n  (b) Congregate services provided pursuant to this section shall not be\nprovided directly by the designated agency unless approval is granted by\nthe director. Such approval may not be given by the director unless the\ndesignated agency directly provided the service prior to approval of the\nannual county plan by the director, or unless it can be shown that the\ndirect provision of a congregate service by the designated agency is\nnecessary due to the absence of an existing suitable provider to assure\nan adequate supply of such service, or to ensure the quality of the\nservice provided.\n  (c) Pursuant to an agreement, two or more counties may join together\nfor the purposes of this section. Such agreements shall make provision\nfor the proportionate cost to be borne by each county, the employment of\npersonnel, the receipt and disbursement of funds, and any other matters\ndeemed necessary by the director.\n  9. For the purposes of obtaining state aid within the amounts\nappropriated therefor under this section, a designated agency of an\nIndian tribal organization shall qualify as though it were a designated\nagency for a county.\n  10. On or before February first, two thousand five the office shall\nsubmit a report to the chairs of the assembly ways and means committee,\nthe senate finance committee, and the director of the division of the\nbudget which evaluates and makes recommendations on the congregate\nservices initiative program. The report should include but not be\nlimited to the following information:\n  (a) A description of grant recipients and amount of funds received\nthrough area offices on aging for the congregate services initiative.\nThe description of grant recipients should include: the types of\nservices offered at each site, the number of individuals served, and, to\nthe extent practicable, a profile of the individuals served. The office\nshould include a specific recommendation on whether a minimal set of\nservices should be required of each program or if flexible service\nrequirements should be maintained.\n  (b) A description of the benefits of the program, including any survey\ninformation obtainable from participants in the program, family members,\nor caregivers for whom the program may serve as respite. The description\nof benefits should also address the extent to which availability of the\nprogram helps to avoid unnecessary institutionalization of participants.\n  (c) A description of oversight and planning mechanisms built into the\nprogram and an assessment of the extent to which reconfiguration of the\nrecreation program to the congregate services initiative has improved\nthe delivery and/or oversight of services.\n  (d) A description of how providers of congregate services initiative\nservices have coordinated with other agencies, providers, or counties,\nwho offer similar services.\n  (e) A description of any known factors which have either contributed\nto successful service delivery or have hindered the congregate services\ninitiative program.\n  (f) An assessment of the need for and/or demand for congregate\ninitiative services and the extent to which the congregate services\ninitiative or any other available services, are currently addressing\nthose needs.\n  (g) Any other information the office for the aging deems relevant.\n  11. The executive department is authorized to collect any information\nnecessary from grant recipients or area offices on aging necessary to\ncomplete this report.\n  12. With regard to direct grants to community based non-profit\norganizations for the provision of congregate services to persons sixty\nyears of age or older to promote their health, independence and\ninvolvement in the community, congregate services shall be provided at\ncommunity settings where eligible persons come together for services and\nactivities and shall include, but are not limited to: information and\nreferral; transportation; nutrition-related services; socialization;\neducational and cultural opportunities; counseling; support services for\ncaregivers and families; volunteer opportunities; employment services\ninformation; and health promotion and disease prevention services.\n
N.Y. RPT Law § 1206 — New York Code / Act RPT / Article 12 / Title 1 / Section 1206
Complaints
Status: in_force

§ 1206. Complaints. If any city, town, village, special assessing\nunit, or approved assessing unit or eligible non-assessing unit village\nwhich has adopted the provisions of section nineteen hundred three of\nthis chapter proposes to complain at the hearing of the commissioner\nconcerning the tentative equalization rate, class ratios and class\nequalization rates determined for it or any portion contained therein,\nsuch city, town, village, special assessing unit, or approved assessing\nunit or eligible non-assessing unit village which has adopted the\nprovisions of section nineteen hundred three of this chapter must cause\na written complaint specifying its objections to be served on the\ncommissioner at least five days before the day specified for the\nhearing. Service may be made either in person or by mail. A complaint\nconcerning data used for purposes of a tentative equalization rate,\nclass ratio, class equalization rate or special equalization ratio shall\nbe deemed a complaint with respect to such data for all such purposes.\n
N.Y. EDN Law § 215 — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 215
Visitation and reports
Status: in_force

§ 215.  Visitation and reports.  The regents, or the commissioner of\neducation, or their representatives, may visit, examine into and\ninspect, any institution in the university and any school or institution\nunder the educational supervision of the state, and may require, as\noften as desired, duly verified reports therefrom giving such\ninformation and in such form as the regents or the commissioner of\neducation shall prescribe.  For refusal or continued neglect on the part\nof any institution in the university to make any report required, or for\nviolation of any law or any rule of the university, the regents may\nsuspend the charter or any of the rights and privileges of such\ninstitution.\n
N.Y. EDN Law § 249 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 249
State library, when open; use of books
Status: in_force

§ 249. State library, when open; use of books. The state library shall\nbe kept open at least eight hours each day on five days every week in\nthe year except the legal holidays known as Independence day,\nThanksgiving day and Christmas day. Nothing in this section shall\nprohibit the regents from opening the state library on other days and\ntimes. Members of the legislature, judges of the court of appeals,\njustices of the supreme court and heads of state departments may borrow\nfrom the library books for use in Albany, but shall be subject to such\nrestrictions and penalties as may be prescribed by the regents for the\nsafety or greater usefulness of the library. Under such rules and\nconditions as the regents may prescribe, the state library may lend its\nbooks and printed material for a limited time to other individuals and\ninstitutions conforming to said rules and conditions. Such service shall\nbe free to residents of this state as far as practicable, but the\nregents may, in their discretion, charge a proper fee to nonresidents or\nfor assistance of a personal nature or for other reason not properly an\nexpense to the state, but which may be authorized for the accommodation\nof users of the library.\n
N.Y. EDN Law § 680 — New York Code / Act EDN / Title 1 / Article 14 / Part 3 / Section 680
Powers and duties
Status: in_force

§ 680. Powers and duties. 1. In furtherance of the purposes set forth\nin this article, the corporation, acting by and through its board, shall\nhave the following additional powers:\n  a. To lend money in compliance with applicable federal law and\nregulation, and upon such terms as the board may prescribe (1) to\npersons who are attending or plan to attend colleges or career education\ninstitutions in this state or (2) to persons who are residents of this\nstate and who are attending or plan to attend colleges or career\neducation institutions outside the state or (3) to persons on behalf of\neligible dependents who are attending or plan to attend colleges or\ncareer education institutions in the state or (4) to persons who are\nresidents of this state on behalf of eligible dependents who are\nattending or plan to attend colleges or career education institutions\noutside the state; and\n  b. To guarantee the loan of money in compliance with applicable\nfederal law and regulation, and upon such terms as the board may\nprescribe by banks, savings banks, savings and loan associations,\npension funds, credit unions, colleges, career education institutions,\nand insurance companies (1) to persons who are attending or plan to\nattend colleges or career education institutions in this state or (2) to\npersons who are residents of this state and who are attending or plan to\nattend colleges or career education institutions outside the state or\n(3) to persons on behalf of eligible dependents who are attending or\nplan to attend colleges or career education institutions in the state or\n(4) to persons who are residents of this state on behalf of eligible\ndependents who are attending or plan to attend colleges or career\neducation institutions outside the state. Loans under this paragraph are\nmade under the authority of the federal student aid programs; and\n  c. To enter into cooperative agreements, subject to the approval of\nthe board of trustees and the director of the budget, with other\nentities, including, but not limited to, other states, the federal\ngovernment, and post-secondary institutions, to establish, administer,\nand operate federal student aid programs. Notwithstanding the provisions\nof paragraphs a and b of this subdivision, the corporation is\nauthorized, pursuant to such cooperative agreements, to provide federal\nstudent aid services to students and families who are not residents of\nNew York state.\n  2. The board shall adopt rules and regulations, consistent with\nfederal and state law, governing the programs administered by the\ncorporation pursuant to this part including, but not limited to the\napplication, granting, payment and repayments of loans made or\nguaranteed by the corporation. Further, the board shall adopt rules and\nregulations consistent with federal and state law governing the\nparticipation of a college or career education institution in the\nprograms established by this part, including procedures for the\nlimitation, suspension or termination of such participation after notice\nand opportunity for a hearing, due to the violation or failure to carry\nout any rule or regulation prescribed by the board.\n  3. The president of the higher education services corporation shall\nensure that information regarding training, employment services and\nemployment opportunities, including opportunities for programs available\nwithout cost through the job opportunities and basic skills program, is\nprovided to any person determined to be a recipient of public\nassistance. The commissioner of social services shall ensure that such\ninformation is made available to the higher education services\ncorporation.\n
N.Y. EDN Law § 246 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 246
State medical library
Status: in_force

§ 246. State medical library.  The state medical library shall be a\npart of the New York state library under the same government and\nregulations and shall be open for consultation to every citizen of the\nstate at all hours when the state library is open and shall be available\nfor borrowing books to every accredited physician residing in the state\nof New York, who shall conform to the rules made by the regents for\ninsuring proper protection and the largest usefulness to the people of\nthe said medical library.\n
N.Y. VAT Law § 135 — New York Code / Act VAT / Title 1 / Article 1 / Section 135
Railroad
Status: in_force

§ 135. Railroad.  A carrier of persons or property upon cars, other\nthan streetcars, operated upon stationary rails.\n
N.Y. ENV Law § 21-0115 — New York Code / Act ENV / Article 21 / Title 1 / Section 21-0115
Additional powers
Status: in_force

§ 21-0115. Additional powers.\n  1. The state reaffirms its support of the cooperative approach to the\nabatement and control of water pollution as embodied in the New England\nInterstate Water Pollution Control Compact. In view of the increases in\npopulation concentrations, the growing need of industry and agriculture\nfor water of reasonable quality and the quality reqirements of water\nbased recreation and other uses, the New England Interstate Water\nPollution Control Commission shall develop and maintain its programs,\nincluding research on water quality problems at such levels as may be\nappropriate including, to the extent necessary, levels above those\noriginally provided when the state first enacted the compact.\n  2. In addition to the minimal personnel authorizations contained in\narticle IV of the New England Interstate Water Pollution Control\nCompact, the commission may employ such engineering, technical and other\nprofessional, secretarial and clerical personnel as the proper\nadministration and functioning of the commission may require.\n  3. a. This state hereby concurs in the conferring of any powers or\nduties on the New England Interstate Water Pollution Control Commission\nby other states in addition to those conferred by provision of the New\nEngland Interstate Water Pollution Control Compact. This concurrence is\npursuant to article II of said compact.\n  b. The concurrence is subject to the following limitations:\n  (1) Unless this state specifically confers a power or duty on the\ncommission, other than one conferred by the compact itself, no financial\nor other burden or duties shall be placed upon this state, or any\nagency, officer or subdivision thereof, by reason of the conferring or\nexercise of the power or duty. At any time, the Governor, Attorney\nGeneral, or the State Comptroller shall have the power to make inquiry\nof the commission and to examine its books and records in order to\nascertain the state of compliance with this act.\n  (2) The rights, privileges and responsibilities of the state with\nrespect to the New England Interstate Water Pollution Control Compact\nand the commission established thereby shall not be limited or impaired.\n  (3) The commission shall include in its reports to the Governor a full\naccount of any additional powers or duties exercised or performed by it.\n
N.Y. PBH Law § 275 — New York Code / Act PBH / Article 2-A / Title 1 / Section 275
Applicability of prior authorization to EPIC
Status: in_force

§ 275. Applicability of prior authorization to EPIC. The panel shall,\nno later than April first, two thousand eight, proceed to make prior\nauthorization under the preferred drug program and the clinical review\ndrug program, under this article, applicable to prescriptions under\nEPIC. The panel shall take necessary actions consistent with this\narticle to apply prior authorization under this article to EPIC. Upon\ndetermining that the necessary steps have been taken to apply prior\nauthorization under this article to EPIC, the panel shall, with\nreasonable prior public notice, make prescriptions under EPIC subject to\nprior authorization under this article as of a specified date. If\nnecessary, the panel may provide that such applicability take effect on\nseparate dates for the preferred drug program and the clinical drug\nreview program.\n
N.Y. PBA Law § 1020-K — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-K
Bonds of the authority
Status: in_force

* § 1020-k. Bonds of the authority. 1. The authority shall have power\nand is hereby authorized from time to time to issue its negotiable bonds\nin conformity with applicable provisions of the uniform commercial code\nfor any purpose authorized by this title, including without limitation\n(a) to acquire any real or personal property or facilities deemed\nnecessary by the authority, (b) to pay interest on bonds or notes of the\nauthority, (c) to establish reserves to secure such bonds and notes, (d)\nto establish or maintain such other funds or accounts for such purpose\nor purposes as the authority may deem necessary or desirable, and (e) to\npay all other expenses of the authority incident to the issuance of such\nbonds or notes.\n  2. Except as may be otherwise expressly provided by the authority, the\nbonds and notes of every issue shall be general obligations of the\nauthority payable out of any moneys or revenues of the authority,\nsubject only to any agreements with the holders of particular bonds or\nnotes, or any trustee therefor, pledging any particular moneys or\nrevenues.\n  3. The authority shall have power from time to time, whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly to refund bonds then outstanding and partly for any other\ncorporate purpose of the authority. Refunding bonds may be exchanged for\nthe bonds to be refunded, with such cash adjustments as may be agreed,\nor may be sold with the proceeds applied to the purchase, payment or\nprovision for payment of the bonds to be refunded.\n  4. Bonds may be issued, payable in annual installments or as term\nbonds or both. Bonds shall be authorized by resolution of the board of\nthe authority and shall bear such date or dates, mature at such time or\ntimes, not exceeding fifty years from their respective dates, bear\ninterest at such rate or rates, be in such denominations, be in such\nform, either coupon or registered, carry such registration privileges,\nbe executed in such manner, be payable in lawful money of the United\nStates of America or by check at such place or places, and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nIn the event that term bonds are issued, the resolution authorizing the\nsame may make such provisions for the establishment and maintenance of\nsinking funds for the payment thereof as the authority may deem\nnecessary or appropriate. Bonds or notes may be sold at public or\nprivate sale at such price or prices as the authority shall determine\nbut shall not be sold by the authority at private sale unless such sale\nand terms thereof have been approved in writing by the state\ncomptroller. Pending preparation of definitive bonds or notes, the\nauthority may issue bonds or notes in temporary form which shall be\nexchanged for bonds or notes in definitive form when available.\n  5. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may (a) delegate to an officer or officers of the authority the\npower to approve the issuance of bonds from time to time and to fix the\ndetails of any such bonds or issues of bonds by an appropriate\ncertificate of such authorized officer or officers and (b) contain\nprovisions, which shall be a part of the contract with the holders of\nthe bonds to be authorized as to: (i) pledging or creating a lien on all\nor any part of the moneys, revenues or properties of the authority to\nsecure the payment of the bonds or of any particular issue of bonds or\nany portion of any issue of bonds, subject to such agreements with\nbondholders as may then exist;\n  (ii) the rates, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (iii) the setting aside of reserves or sinking funds, and the\nregulation and disposition thereof;\n  (iv) limitations on the right of the authority to restrict and\nregulate the use of any of its property;\n  (v) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied;\n  (vi) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured, and the refunding of\noutstanding bonds;\n  (vii) the procedure, if any, by which the terms of any contract with\nbondholders may be amended, the amount or percentage of outstanding\nbonds the holders of which must consent thereto, and the manner in which\nsuch consent may be given;\n  (viii) defining the acts or omissions to act which shall constitute a\ndefault in the duties of the authority to holders of its obligations and\nproviding the rights and remedies of such holders or of a trustee acting\non their behalf in the event of a default; and\n  (ix) any other matters of like or different character, which in any\nway may affect the security and protection of the bonds and the rights\nof the holders thereof.\n  6. Notwithstanding any other provisions of this title, any such\nresolution or resolutions shall contain a covenant by the authority that\nit will at all times maintain rates, fees or charges sufficient to pay,\nand that any contracts entered into by the authority for the sale,\ntransmission or distribution of electricity shall contain rates, fees or\ncharges sufficient to pay, the costs of operation and maintenance of the\nfacilities owned or operated by the authority, payments in lieu of\ntaxes, renewals, replacements and capital additions, the principal of\nand interest on any obligations issued pursuant to such resolution as\nthe same severally become due and payable, and to establish or maintain\nany reserves or other funds or accounts required or established by or\npursuant to the terms of such resolution or resolutions.\n  7. It is the intention of the legislature that any pledge of moneys,\nrevenues or property or of a revenue producing contract or contracts\nmade by the authority shall be valid and binding from the time when the\npledge is made; that the moneys, revenues or proceeds so pledged and\nthereafter received by the authority shall immediately be subject to the\nlien of such pledge without any physical delivery thereof or further\nact; and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge or lien is created pursuant to this subdivision need be\nrecorded in order to perfect such pledge or lien.\n  8. Neither the trustees of the authority nor any person executing the\nbonds or notes shall be liable personally on the bonds or notes or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  9. The authority shall have power out of any funds available therefor\nto purchase bonds or notes at such price or prices as it deems\nadvisable.  The authority may hold, pledge, cancel or resell such bonds,\nsubject to agreements with bondholders.\n  10. All bonds, notes and other obligations issued by the authority\nunder the provisions of this title are hereby declared to have all the\nqualities and incidents of negotiable instruments under the applicable\nlaws of the state.\n  * NB There are 2 § 1020-k's\n
N.Y. EDN Law § 549 — New York Code / Act EDN / Title 1 / Article 12 / Section 549
Legislative findings
Status: in_force

§ 549. Legislative findings.  The legislature hereby finds and\ndeclares that:\n  1. The state has a primary responsibility to ensure the health,\nwelfare and safety of children attending both public and nonpublic\nschools.\n  2. The state discharges this responsibility to public school children\nthrough substantial amounts of per pupil financial assistance to local\nschool districts. The fiscal crisis in nonpublic education, however, has\ncaused a diminution of proper maintenance and repair programs,\nthreatening the health, welfare and safety of nonpublic school children,\nparticularly in urban areas. Such areas are generally identified by a\nhigh incidence of families receiving assistance to dependent children\nand deteriorating physical structures, including nonpublic school\nbuildings. Financial resources necessary to properly maintain and repair\nsuch buildings are beyond the capabilities of low-income people whose\nchildren attend nonpublic schools.\n  3. In recognition of the financial plight of urban areas in attracting\nqualified teachers, the federal government has enacted Title IV of the\nHigher Education Act of nineteen hundred sixty-five, which provides\nincentives to teachers to instruct in those schools which serve a high\nconcentration of students from low-income families.\n  4. It is incumbent upon the state to ensure that the physical\nenvironment in such Title IV areas is both healthy and safe.  Incidental\nto such goals, but none the less significant, is the contribution that a\nhealthy and safe school environment makes to the stability of urban\nneighborhoods.\n  5. To insure a healthy and safe school environment for children\nattending nonpublic schools, the state has the right to make grants for\nmaintenance and repair expenditures which are clearly secular, neutral\nand non-ideological in nature.\n
N.Y. PBA Law § 3108 — New York Code / Act PBA / Article 10-A / Title 1 / Section 3108
Annual report
Status: in_force

§ 3108. Annual report. The corporation shall make an annual report to\nthe governor and the legislature not later than July first of each year.\n
N.Y. GMU Law § 886 — New York Code / Act GMU / Article 18-A / Title 1 / Section 886
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 886. Title not affected if in part unconstitutional or ineffective.\nIf any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. PBH Law § 603 — New York Code / Act PBH / Article 6 / Title 1 / Section 603
Core public health services; implementation
Status: in_force

§ 603. Core public health services; implementation. 1. In order to be\neligible for state aid under this title, each municipality shall\nadminister its core public health services in accordance with the\nstandards of performance established by the commissioner through rules\nand regulations pursuant to section six hundred nineteen of this\narticle. Each municipality shall, in particular, ensure that public\nhealth services are provided in an efficient and effective manner to all\npersons in the municipality.\n  2. The commissioner may withhold state aid reimbursement under this\ntitle for the appropriate services if, on any audit, review of a state\naid application or periodic claim for state aid, or other information\navailable to the department, the commissioner finds that such services\nare not furnished or rendered in conformance with the rules and\nregulations established by the commissioner, including but not limited\nto the standards of performance established pursuant to section six\nhundred nineteen of this article, or that the expenditures were not for\nan activity set forth in section six hundred two of this title. In such\ncases, the commissioner, in order to ensure that the public health is\npromoted as defined in section six hundred two of this title, may use\nany proportionate share of a municipality's per capita or base grant\nthat is withheld to contract with agencies, associations, or\norganizations. The health department may use any such withheld share to\nprovide services upon approval of the director of the division of the\nbudget. Copies of such transactions shall be filed with the fiscal\ncommittees of the legislature.\n  3. Consistent with paragraph (h) of subdivision two of section six\nhundred one of this title, when determining whether to approve a state\naid application or periodic claim for state aid, the commissioner shall\nhave authority to request any and all financial and other documents\nnecessary or relevant to verify that the claimed expenditures are\neligible for state aid under this article.\n
N.Y. ELN Law § 14-130 — New York Code / Act ELN / Article 14 / Title 1 / Section 14-130
Campaign funds for personal use
Status: in_force

§ 14-130. Campaign funds for personal use. 1. Contributions received\nby a candidate or a political committee may be expended for any lawful\npurpose. Such funds shall not be converted by any person to a personal\nuse which is unrelated to a political campaign or the holding of a\npublic office or party position.\n  2. No contribution shall be used to pay interest or any other finance\ncharges upon monies loaned to the campaign by such candidate or the\nspouse of such candidate.\n  3. For the purposes of this section, contributions "converted by any\nperson to a personal use" are expenditures that are exclusively for the\npersonal benefit of the candidate or any other individual, not in\nconnection with a political campaign or the holding of a public office\nor party position. "Converted by any person to a personal use", when\nmeeting the definition in this subdivision, shall include, but not be\nlimited to, expenses for the following:\n  (i) any residential or household items, supplies or expenditures,\nincluding mortgage, rent or utility payments for any part of any\npersonal residence of a candidate or officeholder or a member of the\ncandidate's or officeholder's family that are not incurred as a result\nof, or to facilitate, the individual's campaign, or the execution of his\nor her duties of public office or party position. In the event that any\nproperty or building is used for both personal and campaign use or as\npart of the execution of his or her duties of public office or party\nposition, personal use shall constitute expenses that exceed the\npro-rated amount for such expenses based on fair-market value.\n  (ii) mortgage, rent, or utility payments to a candidate or\nofficeholder for any part of any non-residential property that is owned\nby a candidate or officeholder or a member of a candidate's or\nofficeholder's family and used for campaign purposes, to the extent the\npayments exceed the fair market value of the property's usage for\ncampaign activities;\n  (iii) clothing, other than items that are used in the campaign or in\nthe execution of the duties of public office or party position;\n  (iv) tuition payments unrelated to a political campaign or the holding\nof a public office or party position;\n  (v) salary payments or other compensation provided to any person for\nservices where such services are not solely for campaign purposes or\nprovided in connection with the execution of the duties of public office\nor party position;\n  (vi) salary payments or other compensation provided to a member of a\ncandidate's family, unless the family member is providing bona fide\nservices to the campaign. If a family member provides bona fide services\nto a campaign, any salary payments or other compensation in excess of\nthe fair market value of the services provided shall be considered\npayments for personal use;\n  (vii) admission to a sporting event, concert, theater, or other form\nof entertainment, unless such event is part of, or in connection with, a\ncampaign or is related to the holding of public office or party\nposition;\n  (viii) payment of any fines or penalties assessed against the\ncandidate pursuant to this chapter or in connection with a criminal\nconviction or by the joint commission for public ethics pursuant to\nsection ninety-four of the executive law or sections seventy-three or\nseventy-three-a of the public officers law or the legislative ethics\ncommission pursuant to section eighty of the legislative law;\n  (ix) dues, fees, or gratuities at a country club, health club,\nrecreational facility or other entities with a similar purpose, unless\nthey are expenses connected with a specific fundraising event or\nactivity associated with a political campaign or the holding of public\noffice or party position that takes place on the organization's\npremises;\n  (x) travel expenses including automobile purchases or leases, unless\nused for campaign purposes or in connection with the execution of the\nduties of public office or party position and usage of such vehicle\nwhich is incidental to such purposes or the execution of such duties;\nand\n  (xi) childcare expenses, other than expenses incurred in the campaign\nor in the execution of the duties of public office or party position.\n  4. Nothing in this section shall prohibit a candidate from purchasing\nequipment or property from his or her personal funds and leasing or\nrenting such equipment or property to a committee working directly or\nindirectly with him to aid or participate in his or her nomination or\nelection, including an exploratory committee, provided that the\ncandidate and his or her campaign treasurer sign a written lease or\nrental agreement. Such agreement shall include the lease or rental\nprice, which shall not exceed the fair lease or rental value of the\nequipment. The candidate shall not receive lease or rental payments\nwhich, in the aggregate, exceed the cost of purchasing the equipment or\nproperty.\n  5. Nothing in this section shall prohibit an elected public\nofficeholder from using campaign contributions to facilitate, support,\nor otherwise assist in the execution or performance of the duties of his\nor her public office.\n  6. The state board of elections shall issue advisory opinions upon\nrequest regarding expenditures that may or may not be considered\npersonal use of contributions. Any formal or informal advisory opinions\nissued by a majority vote of the commissioners of the state board of\nelections shall be binding on the board, the chief enforcement counsel\nestablished by subdivision three-a of section 3-100 of this chapter, and\nin any subsequent civil or criminal action or proceeding or\nadministrative proceeding.\n
N.Y. SOS Law § 383-A — New York Code / Act SOS / Article 6 / Title 1 / Section 383-A
Immunity from liability for application of the reasonable and prudent parent standard
Status: in_force

§ 383-a. Immunity from liability for application of the reasonable and\nprudent parent standard. 1. Legislative intent. It is the intent of the\nlegislature to promote a safe and nurturing environment for children in\nfoster care that, among other things, allows them to engage in age and\ndevelopmentally appropriate activities with their peers. It is also the\nintent of the legislature to encourage caregivers to allow foster\nchildren to participate in such activities by providing training,\nguidance, and appropriate liability protections when caregivers make\nreasonable and prudent decisions with regard to such activities. It is\nnot the intent of the legislature to relieve caregivers or any other\nperson of any duty or responsibility owed to a foster child.\n  2. Definitions. As used in this section, the following terms shall\nhave the following meanings:\n  (a) "Caregiver" shall mean the following person or entity at the time\nthat such person or entity was responsible for the care of the foster\nchild or children:\n  (i) a foster parent who has been trained in the reasonable and prudent\nparent standard in accordance with 42 U.S.C. 671 as amended by P.L.\n113-183 and the regulations of the office of children and family\nservices; or\n  (ii) the employee of a child care facility operated by an authorized\nagency that is designated to apply the reasonable and prudent parent\nstandard who has been trained in the reasonable and prudent parent\nstandard in accordance with 42 U.S.C. 671 as amended by P.L. 113-183 and\nthe regulations of the office of children and family services.\n  (b) "Child" shall mean a child who is in foster care or who was in\nfoster care at the time the reasonable and prudent parent standard was\napplied.\n  (c) "Child care facility" shall mean an institution, group residence,\ngroup home, agency operated boarding home, or supervised setting,\nincluding a supervised independent living program.\n  (d) "Reasonable and prudent parent standard" shall mean, in accordance\nwith 42 U.S.C. 675 as amended by P.L. 113-183, the standard\ncharacterized by careful and sensible parental decisions that maintain\nthe health, safety, and best interests of a child while at the same time\nencouraging the emotional and developmental growth of the child that a\ncaregiver shall use when determining whether to allow a child in foster\ncare to participate in extracurricular, enrichment, cultural or social\nactivities.\n  (e) "Age or developmentally-appropriate" shall mean:\n  (i) activities or items that are generally accepted as suitable for\nchildren of the same chronological age or level of maturity or that are\ndetermined to be developmentally-appropriate for a child, based on the\ndevelopment of cognitive, emotional, physical, and behavioral capacities\nthat are typical for an age or age group; and\n  (ii) in the case of a specific child, activities or items that are\nsuitable for the child based on the developmental stage attained by the\nchild with respect to the cognitive, emotional, physical, and behavioral\ncapacities of the child.\n  3. Caregivers shall apply the reasonable and prudent parent standard\nwhen deciding whether or not to allow a child in foster care to\nparticipate in age or developmentally appropriate extracurricular,\nenrichment, cultural, or social activities. Where such decisions require\nthe input or permission of a local department of social services or a\nvoluntary authorized agency, such department or agency shall also apply\nthe reasonable and prudent parent standard in making a decision about\nparticipation in such activities.\n  4. Whether or not a caregiver is liable for injuries to the child that\noccur as a result of participation in age or developmentally appropriate\nextracurricular, enrichment, cultural, or social activities shall be\ndetermined based upon whether such decision to allow participation was\nmade in compliance with the standard defined in paragraph (d) of\nsubdivision two of this section and any other factors as required by\nlaw. Where such child is injured as a result of the decision to allow\nparticipation in such activities, a caregiver shall not be liable for\nsuch injuries if the decision to allow such participation was made in\ncompliance with the reasonable and prudent parent standard as set forth\nherein. Provided however nothing in this section shall otherwise limit\nthe ability of a child to bring an action against a caregiver or any\nother party whose acts or omissions result in injury to such child.\nWhere a local department of social services or voluntary authorized\nagency has made or been involved in the decisions under subdivision\nthree of this section, the liability standards for caregivers shall\napply to such district or agency.\n
N.Y. EDN Law § 904 — New York Code / Act EDN / Title 1 / Article 19 / Section 904
Examinations by health appraisal
Status: in_force

§ 904. Examinations by health appraisal. 1. Each principal of a public\nschool, or his or her designee, shall report to the director of school\nhealth services having jurisdiction over such school, the names of all\nstudents who have not furnished health certificates as provided in\nsection nine hundred three of this article, or who are children with\ndisabilities, as defined by article eighty-nine of this chapter, and the\ndirector of school health services shall cause such students to be\nseparately and carefully examined and tested to ascertain whether any\nstudent has defective sight or hearing, or any other physical disability\nwhich may tend to prevent him or her from receiving the full benefit of\nschool work, or from requiring a modification of such work to prevent\ninjury to the student or from receiving the best educational results.\nEach examination shall also include a calculation of the student's body\nmass index (BMI) and weight status category. For purposes of this\nsection, BMI is computed as the weight in kilograms divided by the\nsquare of height in meters or the weight in pounds divided by the square\nof height in inches multiplied by a conversion factor of 703. Weight\nstatus categories for children and adolescents shall be as defined by\nthe commissioner of health. In all school districts, such physician,\nphysician assistant or nurse practitioner shall determine whether a\none-time test for sickle cell anemia is necessary or desirable and he or\nshe shall conduct such tests and the certificate shall state the\nresults. If it should be ascertained, upon such test or examination,\nthat any of such students have defective sight or hearing, or other\nphysical disability, including sickle cell anemia, as above described,\nthe principal or his or her designee shall notify the parents of, or\nother persons in parental relation to, the child as to the existence of\nsuch disability. If the parents or other persons in parental relation\nare unable or unwilling to provide the necessary relief and treatment\nfor such students, such fact shall be reported by the principal or his\nor her designee to the director of school health services, whose duty it\nshall be to provide relief for such students. Each school and school\ndistrict chosen as part of an appropriate sampling methodology shall\nparticipate in surveys directed by the commissioner of health pursuant\nto the public health law in relation to students' BMI and weight status\ncategories as determined by the examination conducted pursuant to this\nsection and which shall be subject to audit by the commissioner of\nhealth. Such surveys shall contain the information required pursuant to\nthis subdivision in relation to students' BMI and weight status\ncategories in aggregate. Parents or other persons in parental relation\nto a student may refuse to have the student's BMI and weight status\ncategory included in such survey. Each school and school district shall\nprovide the commissioner of health with any information, records and\nreports he or she may require for the purpose of such audit. The BMI and\nweight status survey and audit as described in this section shall be\nconducted consistent with confidentiality requirements imposed by\nfederal law. Data collection for such surveys shall commence on a\nvoluntary basis at the beginning of the two thousand seven academic\nschool year, and by all schools chosen as part of the sampling\nmethodology at the beginning of the two thousand eight academic school\nyear. The department shall also utilize the collected data to develop a\nreport of child obesity and obesity related diseases.\n  2. Notwithstanding the provisions of subdivision one of this section,\nno examinations shall be required pursuant to this section where a\nstudent or the parent or person in parental relation to such student\nobjects thereto on the grounds that such examinations conflict with\ntheir genuine and sincere religious beliefs.\n
N.Y. RSS Law § 296 — New York Code / Act RSS / Article 8 / Title 1 / Section 296
Continuation of certain tables and rates
Status: in_force

§ 296. Continuation of certain tables and rates. All tables,\nschedules, rates (including but not limited to regular and special\ndeficiency rates), regular and special deficiency periods, and other\nactuarial tables, rates and procedures in effect and used by the\nemployees' retirement system for or in connection with any of its\nactivities or operations with respect to the membership of police\nofficers and firefighters and persons who are members of such system\npursuant to sections eighty-one through eighty-eight, inclusive, shall\ncontinue to be used in the same manner by the retirement system\nestablished by this article, and shall remain in effect unless and until\nduly modified or rescinded by the provisions of this article.\n
N.Y. SOS Law § 131-M — New York Code / Act SOS / Article 5 / Title 1 / Section 131-M
Information on resource referral services
Status: in_force

§ 131-m. Information on resource referral services. 1. Each social\nservices district shall furnish social services information and resource\nreferral services, in accordance with the provisions of this section and\nthe regulations of the department.\n  2. Such services shall be furnished without charge to any person who\nis in need of and requests such services, without regard to such\nperson's eligibility for public assistance.\n  3. Each social services district shall designate staff having\nadministrative responsibility for assuring the furnishing of information\nand referral regarding the following services and programs and for\nmaking appropriate inquiries related to the actual receipt of such\nservices: financial assistance programs, health care and services,\nsocial services, employment services and other community services,\nincluding legal, education and consumer services.\n
N.Y. PBH Law § 2401-A — New York Code / Act PBH / Article 24 / Title 1 / Section 2401-A
Skin cancer reporting
Status: in_force

§ 2401-a. Skin cancer reporting. The department shall submit a written\nreport every three years, commencing January first, two thousand\neighteen, to the governor and the legislature on the incidence of skin\ncancer in the state of New York, by type and as a percentage of the\noverall number of reported cases of all types of cancer, as well as the\nassociated causes of each type of skin cancer, if such causes are\nreadily ascertainable. Such report shall be generated based on data\ngathered and reviewed pursuant to this title, and shall provide\ninformation which is as current as practicable; provided, however, a\nretrospective of the past ten years of information collected pursuant to\nthis title and predominant trends associated with such information, as\nconcerns skin cancer and its associated causes, shall be a component of\nsuch report and each report submitted thereafter. At the discretion of\nthe commissioner, such reports may provide additional information other\nthan the information required by this section. The first report created\npursuant to this section shall be submitted one year after the effective\ndate of this section. The reports generated pursuant to this section\nshall be made available to the public on the department's website.\n
N.Y. PBH Law § 1109 — New York Code / Act PBH / Article 11 / Title 1 / Section 1109
Standards for water reuse
Status: in_force

§ 1109. Standards for water reuse. 1. The commissioner shall advise\nthe department of environmental conservation on the establishment of\nrules, regulations and standards for the reuse and disposal of reclaimed\nwastewater and/or greywater. Such advice shall include, but not be\nlimited to, advice on water quality and pathogens monitoring\nrequirements for each permitted use of reclaimed wastewater and\ngreywater.\n  2. For the purposes of this section, the terms "greywater" and\n"reclaimed wastewater" shall have the same meaning as set forth in\nsection 15-0601 of the environmental conservation law.\n
N.Y. EDN Law § 1120 — New York Code / Act EDN / Title 1 / Article 23-A / Section 1120
Declaration of intent
Status: in_force

§ 1120. Declaration of intent.  Persons with disabilities comprise a\nlarge percentage of New York's total population. The legislature hereby\nfinds and declares that action is necessary to assist these individuals\nto integrate and live more independently in the community. Since their\ninception, service centers for independent living have enhanced the\nability of persons with disabilities to pursue an independent and active\nlifestyle within their community.  In order to achieve this, it is\nnecessary for the state to provide funding to maintain existing service\ncenters designed to promote independent living and to encourage the\nestablishment of new centers. In addition, the office of vocational\nrehabilitation should have the responsibility and authority for the\nencouragement of the planning, development, funding, evaluation and\nmonitoring of such service centers.\n
N.Y. PBA Law § 3106 — New York Code / Act PBA / Article 10-A / Title 1 / Section 3106
Contributions to the corporation
Status: in_force

§ 3106. Contributions to the corporation. Notwithstanding the\nprovisions of any general or special law or the provisions of any\ncertificate of incorporation, charter or other articles of organization,\nany corporation, association or person is hereby authorized to make\ncontributions to the corporation.\n
N.Y. PBH Law § 2406 — New York Code / Act PBH / Article 24 / Title 1-A / Section 2406
Grants to approved organizations
Status: in_force

§ 2406. Grants to approved organizations. 1. The commissioner shall\nmake grants within the amounts appropriated to approved organizations\nfor the provision of services relating to the evidence based screening\nand detection of cancer as part of this program. Such services shall\ninclude but not be limited to:\n  (a) promotion and provision of early detection of cancer, including\nclinical examinations and cancer screening services;\n  (b) provision of counseling and information on treatment options and\nreferral for appropriate medical treatment;\n  (c) dissemination of information to unserved and underserved\npopulations, to the general public and to health care professionals\nconcerning cancer, the benefits of early detection and treatment, and\nthe availability of cancer screening services;\n  (d) identification of local cancer screening services within the\napproved organization's region;\n  (e) provision of information, counseling and referral services to\nindividuals diagnosed with cancer; and\n  (f) provision of information regarding the availability of medical\nassistance, including medical assistance under paragraph (v) of\nsubdivision four of section three hundred sixty-six of the social\nservices law, to an individual who requires treatment for cancer.\n  2. The commissioner shall give notice and provide opportunity to\nsubmit applications to provide cancer detection and education programs.\nIn order to be considered for a grant to provide cancer detection and\neducation programs, applicants must show evidence of the following:\n  (a) ability to provide and to ensure consistent and quality cancer\ndetection services;\n  (b) expertise in cancer detection and treatment;\n  (c) capacity to coordinate services with physicians, hospitals and\nother appropriate local institutions or agencies;\n  (d) ability to provide cancer detection and education services to\nunserved or underserved populations; and\n  (e) ability to implement a cancer detection and education program in\naccordance with the standards specified in subdivision three of this\nsection.\n  Applications shall be made on forms provided by the commissioner.\n  3. The commissioner shall develop standards for the implementation of\ncancer detection and education programs by approved organizations which\nshall ensure the following:\n  (a) integration of the approved organization with existing health care\nproviders;\n  (b) maximizing third party reimbursement;\n  (c) provision of services to unserved or underserved populations.\n  4. Within the amounts of state or federal funds appropriated for\ncancer early detection and diagnosis, approved organizations may be\nauthorized by the department to provide such services for populations\nserved pursuant to this title. Early detection services shall include,\nbut not be limited to, complete examinations, evidence based screening,\npatient education, counseling, follow-up and referral.\n
N.Y. EDN Law § 753 — New York Code / Act EDN / Title 1 / Article 16 / Section 753
Instructional computer hardware and technology equipment apportionment
Status: in_force

§ 753. Instructional computer hardware and technology equipment\napportionment. 1. In addition to any other apportionment under this\nchapter, a school district shall be eligible for an apportionment under\nthe provisions of this section for approved expenses for (i) the\npurchase or lease of micro and/or mini computer equipment or terminals\nfor instructional purposes or (ii) technology equipment, as defined in\nparagraph c of subdivision two of this section, used for instructional\npurposes, or (iii) for the repair of such equipment and training and\nstaff development for instructional purposes as provided hereinafter, or\n(iv) for expenses incurred on or after July first, two thousand eleven,\nany items of expenditure that are eligible for an apportionment pursuant\nto sections seven hundred one, seven hundred eleven and/or seven hundred\nfifty-one of this title, where such items are designated by the school\ndistrict as eligible for aid pursuant to this section, provided,\nhowever, that if aided pursuant to this section, such expenses shall not\nbe aidable pursuant to any other section of law. Such aid shall be\nprovided pursuant to a plan developed by the district which demonstrates\nto the satisfaction of the commissioner that the instructional computer\nhardware needs of the district's public school students have been\nadequately met and that the school district has provided for the loan of\ninstructional computer hardware to students legally attending nonpublic\nschools pursuant to section seven hundred fifty-four of this article.\nThe apportionment shall equal the lesser of such approved expense in the\nbase year or, the product of (i) the technology factor, (ii) the sum of\nthe public school district enrollment and the nonpublic school\nenrollment in the base year as defined in subparagraphs two and three of\nparagraph n of subdivision one of section thirty-six hundred two of this\nchapter, and (iii) the building aid ratio, as defined in subdivision\nfour of section thirty-six hundred two of this chapter. For aid payable\nin the two thousand seven--two thousand eight school year and\nthereafter, the technology factor shall be twenty-four dollars and\ntwenty cents. A school district may use up to twenty percent of the\nproduct of (i) the technology factor, (ii) the sum of the public school\ndistrict enrollment and the nonpublic school enrollment in the base year\nas defined in subparagraphs two and three of paragraph n of subdivision\none of section thirty-six hundred two of this chapter, and (iii) the\nbuilding aid ratio for the repair of instructional computer hardware and\ntechnology equipment and training and staff development for\ninstructional purposes pursuant to a plan submitted to the commissioner.\n  2. As used in this article:\n  a. "Current year" shall have the same meaning as that term is defined\nin subdivision one of section thirty-six hundred two of this chapter;\n  b. "Base year" shall have the same meaning as that term is defined in\nsubdivision one of section thirty-six hundred two of this article; and\n  c. "Technology equipment", for the purposes of this article, shall\nmean equipment with a useful life used in conjunction with or in support\nof educational programs including but not limited to video, solar\nenergy, robotic, satellite, laser and such other equipment as the\ncommissioner shall approve provided that expenses for the purchase or\nlease of such equipment shall not be eligible for aid under any other\nprovisions of this chapter.\n  3. No school district shall be required to purchase or otherwise\nacquire instructional computer hardware or technology equipment, the\ncost of which exceeds the amount of state aid provided pursuant to this\nsection.\n  4. The apportionment provided for in this section shall be paid at\nsuch times as may be determined by the commissioner and approved by the\ndirector of the budget, during the school year in which the expenditures\nare reported to the department prior to such apportionment, but not\nearlier than the school year after the school year in which expenses are\nincurred.\n  5. Expenses aided pursuant to this section shall not be eligible for\naid pursuant to any other provision of this chapter.\n
N.Y. EDN Law § 655 — New York Code / Act EDN / Title 1 / Article 14 / Part 1 / Section 655
Powers and duties of the president
Status: in_force

§ 655.  Powers and duties of the president.  In administering the\nprovisions of this article, the president shall have the following\npowers and duties:\n  1.  To administer the student financial aid programs specified in this\narticle.\n  2.  To receive from the commissioner the list of academic performance\naward recipients in order of merit and to notify such recipients of\ntheir status as part of their application for other general awards or\nloans.\n  3.  To lend money and guarantee loans upon such terms and conditions\nas the board may prescribe in accordance with the provisions of this\narticle.\n  4.  To propose rules and regulations, subject to approval by the board\nof trustees, governing the following:\n  a.  Application for and the granting and administration of student aid\nand loan programs, the repayment of loans or the guarantee of loans made\nby the corporation; and administrative functions in support of state and\nfederal student aid programs.\n  b.  Other matters relating to the activities of the corporation,\nincluding but not limited to the limitation, suspension or termination\nof approval of aid, loan, or loan guarantee applications for students\nattending or planning to attend colleges or vocational institutions\nwhenever the board of regents has determined that such a college or\nvocational institution no longer meets minimum certification\nrequirements or the board of trustees has determined, after notice and\naffording an opportunity for hearing, that such college or vocational\ninstitution has violated or failed to carry out any regulation\nprescribed under this article or adopted by the board of trustees\npursuant to the powers granted in this article.\n  c.  Procedures to be followed for submission of information by\ncolleges or vocational institutions as may be necessary to provide for\nany administrative function by such institutions participating in any\nfederal or state student aid programs, including applications therefor\nand repayment thereof, except that obligations of colleges shall be\nlimited to the following requirements:\n  (i) those required by the federal student aid programs;\n  (ii) periodic reports on the status of student borrowers at the\nparticular college;\n  (iii) interviews or other appropriate communications with student\nborrowers at the time an application for a loan is certified or as soon\nthereafter as feasible emphasizing the importance of the loan\nobligation;\n  (iv) interviews or other appropriate communications with student\nborrowers who are graduating or are known to be terminating their\nenrollment emphasizing the importance of the loan obligation;\n  (v)  providing the corporation, upon request, with the last known\naddresses of borrowers who have graduated or otherwise left the college\nand who are in default, including any change of address known to the\ncollege after such request;\n  (vi) certification of student loans as frequently as is advisable and\nfeasible, and as lenders will process them (on an annual, semester,\nquarterly or other academic period basis), with such certification\nlimited to those educational expenses approved under the federal student\naid programs;\n  (vii) cooperation in whatever way is feasible and appropriate under\ninstitutional regulations in advising defaulting borrowers of their loan\nobligations.\n  5.  To establish, revise from time to time, charge and collect fees as\nthe corporation shall determine, consistent with the applicable\nprovisions of the New York state and federal student aid programs.\n  6.  To prepare and make available explanatory pamphlets concerning\nstate aid and loan programs.\n  7.  To establish a comprehensive collection of information and\nmaterials relative to public and private sources of higher education\nfinancial assistance available to students and to the characteristics of\nthe students who are the recipients of such assistance.\n  8.  To conduct financial aid program reviews of a post-secondary\ninstitution's procedures and records with respect to:  certification to\nthe corporation of eligible students for purposes of tuition assistance\nprogram and New York state sponsored student aid programs; compliance of\nfinancial aid programs with the provisions of this article and the\nrelevant portion of the regulations of the commissioner; disbursement of\ntuition assistance program and other awards;  and the capacity of\ninstitutions to administer New York state and federal financial aid\nprograms.\n  9. To request and receive from any department, division, board,\nbureau, commission or agency of the state or any subdivision thereof\nsuch assistance and data as it deems necessary to properly carry out its\npowers, duties and functions.\n  10.  To develop for the board of trustees a proposed budget for the\nfollowing state fiscal year in such form as the board may require and in\naccordance with the provisions of section six hundred fifty-three.\n  11.  To appoint such officers, employees and agents, as he may deem\nnecessary, prescribe their duties, fix their compensation and provide\nfor reimbursement of their expenses within amounts available therefor by\nappropriation; subject, however, to the provisions of the civil service\nlaw, which shall apply to the corporation in the same manner as such law\napplies to a municipal corporation other than a city.\n  12.  To perform such other acts as may be necessary or appropriate to\ncarry out effectively the general objects and purposes of the\ncorporation, as specified in this article.\n
N.Y. PBH Law § 4901 — New York Code / Act PBH / Article 49 / Title 1 / Section 4901
Registration of utilization review agents
Status: in_force

§ 4901.  Registration of utilization review agents. 1. Every\nutilization review agent who conducts the practice of utilization review\nshall biennially register with the commissioner and report, in a\nstatement subscribed and affirmed as true under the penalties of\nperjury, the information required pursuant to subdivision two of this\nsection.\n  2. Such report shall contain a description of the following:\n  (a) The utilization review plan;\n  (b) Those circumstances, if any, under which utilization review may be\ndelegated to a utilization review program conducted by a facility\nlicensed pursuant to article twenty-eight of this chapter or pursuant to\narticle thirty-one of the mental hygiene law;\n  (c) The provisions by which an enrollee, the enrollee's designee, or a\nhealth care provider may seek reconsideration of, or appeal from,\nadverse determinations by the utilization review agent, in accordance\nwith the provisions of this title, including provisions to ensure a\ntimely appeal and that an enrollee, the enrollee's designee, and, in the\ncase of an adverse determination involving a retrospective\ndetermination, the enrollee's health care provider, is informed of their\nright to appeal adverse determinations;\n  (d) Procedures by which a decision on a request for utilization review\nfor services requiring preauthorization shall comply with timeframes\nestablished pursuant to this title;\n  (e) A description of an emergency care policy, which shall include the\nprocedures under which an emergency admission shall be made or emergency\ntreatment shall be given;\n  (f) A description of the personnel utilized to conduct utilization\nreview including a description of the circumstances under which\nutilization review may be conducted by:\n  (i) administrative personnel,\n  (ii) health care professionals who are not clinical peer reviewers,\nand\n  (iii) clinical peer reviewers;\n  (g) A description of the mechanisms employed to assure that\nadministrative personnel are trained in the principles and procedures of\nintake screening and data collection and are appropriately monitored by\na licensed health care professional while performing an administrative\nreview;\n  (h) A description of the mechanisms employed to assure that health\ncare professionals conducting utilization review are:\n  (i) appropriately licensed, registered or certified; and\n  (ii) trained in the principles, procedures and standards of such\nutilization review agent;\n  (i) A description of the mechanisms employed to assure that only a\nclinical peer reviewer shall render an adverse determination;\n  (j) Provisions to ensure that appropriate personnel of the utilization\nreview agent are reasonably accessible by toll-free telephone:\n  (i) not less than forty hours per week during normal business hours,\nto discuss patient care and allow response to telephone requests, and to\nensure that such utilization review agent has a telephone system capable\nof accepting, recording or providing instruction to incoming telephone\ncalls during other than normal business hours and to ensure response to\naccepted or recorded messages not later than the next business day after\nthe date on which the call was received; or\n  (ii) notwithstanding the provisions of subparagraph (i) of this\nparagraph, not less than forty hours per week during normal business\nhours, to discuss patient care and allow response to telephone requests,\nand to ensure that, in the case of a request submitted pursuant to\nsubdivision three of section forty-nine hundred three of this title or\nan expedited appeal filed pursuant to subdivision two of section\nforty-nine hundred four of this title, on a twenty-four hour a day,\nseven day a week basis;\n  (k) The policies and procedures to ensure that all applicable state\nand federal laws to protect the confidentiality of individual medical\nand treatment records are followed;\n  (l) A copy of the materials to be disclosed to an enrollee or\nprospective enrollee pursuant to this title and section forty-four\nhundred eight of this chapter;\n  (m) A description of the mechanisms employed by the utilization review\nagent to assure that all contractors, subcontractors, subvendors, agents\nand employees affiliated by contract or otherwise with such utilization\nreview agent will adhere to the standards and requirements of this\ntitle; and\n  (n) A list of the payors for which the utilization review agent is\nperforming utilization review in this state.\n  3. Upon receipt of the report, the commissioner shall issue an\nacknowledgment of the filing.\n  4. A registration issued under this title shall be valid for a period\nof not more than two years, and may be renewed for additional periods of\nnot more than two years each.\n  5. A health maintenance organization licensed pursuant to article\nforty-three of the insurance law or certified under article forty-four\nof this chapter shall not be required to register as a utilization\nreview agent, provided that such health maintenance organization has\notherwise provided the information required pursuant to subdivision two\nof this section to the commissioner.\n  6. The clinical review criteria and standards contained within the\nutilization review plan and the list of payors required pursuant to\nparagraph (n) of subdivision two of this section shall not be subject to\ndisclosure pursuant to the provisions of article six of the public\nofficers law.\n
N.Y. EDN Law § 273-A — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 273-A
State aid for library construction
Status: in_force

§ 273-a. State aid for library construction.  1. State aid shall be\nprovided for up to fifty percent of the total project approved costs,\nexcluding feasibility studies, plans or similar activities, for projects\nfor the installation and infrastructure of broadband services, and for\nthe acquisition of vacant land and the acquisition, construction,\nrenovation or rehabilitation, including leasehold improvements, of\nbuildings of public libraries and library systems chartered by the\nregents of the state of New York or established by act of the\nlegislature subject to the limitations provided in subdivision six of\nthis section and upon approval by the commissioner, except that state\naid may be provided for up to ninety percent of the total project\napproved costs for buildings of public libraries that are located in an\neconomically disadvantaged community. Provided however that the state\nliability for aid paid pursuant to this section shall be limited to\nfunds appropriated for such purpose. Aid shall be provided on approved\nexpenses incurred during the period commencing July first and ending\nJune thirtieth for up to six years, or until the project is completed,\nwhichever occurs first. Fifty percent of such aid shall be payable to\neach system or library upon approval of the application by the\ndepartment. Forty percent of such aid shall be payable in the next state\nfiscal year. The remaining ten percent shall be payable upon project\ncompletion.\n  2. Each single building project application for state aid shall be\nsubmitted by the board of trustees of the library or library system\nresponsible for the operation of the subject building to the\ncommissioner for the commissioner's review and approval, after having\nbeen reviewed and approved by the governing board of the public library\nsystem of which such library is a member. Each single building project\napplication shall:\n  a. demonstrate that resources are or shall be available to provide for\nmaximum utilization of the project if approved;\n  b. contain verification in such form as may be acceptable to the\ncommissioner that the total cost of the project, exclusive of state aid,\nhas been or will be obtained;\n  c. demonstrate that library operations would be made more economical\nas a consequence of approval;\n  d. be limited to one project concerning such building, provided that\nno building shall be the subject of more than one single building\nproject application per year;\n  e. contain documentation, where such an application requests state aid\nin an amount greater than seventy-five percent, demonstrating how the\nproject will address the service needs of one or more economically\ndisadvantaged communities. Such documentation may demonstrate need\nthrough poverty rates, concentrations of English language learners, low\nhigh school graduation rates, limited fiscal capacity or other relevant\nfactors; and\n  f. provide such other information as may be required by the\ncommissioner.\n  3. Coordinated applications for state aid allocated under paragraph b\nof subdivision six of this section shall be submitted by the public\nlibrary system. The public library system shall be responsible for\nmanaging all coordinated projects. Each coordinated project application\nshall be approved by the board of trustees of each participating library\nand library system responsible for the operation of the said buildings.\nCoordinated project applications shall be submitted to the commissioner\nfor the commissioner's review and approval, after having been reviewed\nand approved by the governing board of the public library system of\nwhich such libraries are members. Each coordinated project application\nshall:\n  a. demonstrate that resources are or shall be available to provide for\nmaximum utilization of the project if approved;\n  b. contain verification in such form as may be acceptable to the\ncommissioner that the total cost of the project, exclusive of state aid,\nhas been or will be obtained;\n  c. demonstrate that library operations would be made more economical\nas a consequence of approval;\n  d. provide that no one building shall be the subject of more than one\ncoordinated project application per year;\n  e. contain documentation, where such an application requests state aid\nin an amount greater than seventy-five percent, demonstrating how the\nproject will address the service needs of one or more economically\ndisadvantaged communities. Such documentation may demonstrate need\nthrough poverty rates, concentrations of English language learners, low\nhigh school graduation rates, limited fiscal capacity or other relevant\nfactors; and\n  f. provide such other information as may be required by the\ncommissioner.\n  4. In approving any single or coordinated building project application\nthat would receive state aid beyond seventy-five percent of the total\nproject approved costs, the board of trustees of the library system\nshall give particular attention to addressing the library service needs\nof economically disadvantaged communities as provided for in paragraph e\nof subdivision two of this section or paragraph e of subdivision three\nof this section, as applicable.\n  5. In approving any new single building or coordinated project\napplication the commissioner shall consider the condition of existing\nlibraries and, where appropriate, the needs of isolated or economically\ndisadvantaged communities, provided that no application shall be\napproved for a project that is deemed by the commissioner to have been\ncompleted prior to the date of the application.\n  6. Aid shall be distributed pursuant to this section as follows:\n  a. sixty percent of the funds appropriated pursuant to this section\nshall be made available to libraries within each system by the\ncommissioner in such manner as to insure that the ratio of the amount\nreceived within each system to the whole of the aid made available\npursuant to this paragraph is no greater than the ratio of the\npopulation served by such system to the population of the state;\n  b. forty percent of the funds appropriated pursuant to this section\nshall be made available to library systems or libraries within each\nsystem by the commissioner in such manner as to insure that an equal\namount is received within each system in the state;\n  c. any funds made available pursuant to paragraph a or b of this\nsubdivision which by April first of each succeeding fiscal year, are\ndeclined by such libraries or library systems for any reason, or which\ncannot otherwise be used by such libraries or library systems for any\nreason, shall be made available by the commissioner to other eligible\nlibraries within such system, or if no such library can use such funds\nshall be reallocated among the other library systems and their libraries\nin a manner that will to the extent possible provide from such\nreallocated funds an equal amount to each such system.\n  7. The commissioner shall adopt rules and regulations as are necessary\nto carry out the purposes and provisions of this section.\n  8. The commissioner shall submit to the temporary president of the\nsenate and the speaker of the assembly an annual report describing those\nprojects that have received state funding of greater than fifty percent\nof project costs and the communities to be served by those projects.\n
N.Y. EDN Law § 456 — New York Code / Act EDN / Title 1 / Article 10 / Section 456
Special provisions relating to acquisition and transfer of real property
Status: in_force

§ 456. Special provisions relating to acquisition and transfer of real\nproperty.  Notwithstanding any contrary provisions of any general,\nspecial or local law, charter or ordinance:\n  1. Provided that the trustees of the fund shall have formally approved\nby a two-thirds vote the acquisition of such real property for the\ndevelopment of one or more combined occupancy structures, any public\ncorporation or officer responsible for the acquisition of real property\nfor school purposes in the city of New York is hereby authorized for and\non behalf and in the name of the city of New York, to execute and\ndeliver to the fund, on such terms and for such consideration, if any,\nas may be determined by such public corporation or officer and the fund,\nbut not to exceed the cost of acquisition thereof and the cost of\nimprovements thereon, or lease for a term not exceeding ninety-nine\nyears, a quitclaim deed conveying to the fund all right, title and\ninterest of such public corporation and of the city of New York, in and\nto any of the lands acquired by such public corporation or officer for\nschool purposes, and in and to any of the improvements thereon, for the\npurpose of constructing, reconstructing, rehabilitating or improving\nthereon one or more combined occupancy structures pursuant to this\narticle for subsequent lease or sublease of the school portion of such\ncombined occupancy structures to such public corporation or officer, in\naccordance with the terms of an agreement entered into among them\npursuant to this article. The fund is hereby authorized to accept such\nlease or conveyance; to lease, sublease or otherwise transfer or convey,\nsuch lands and improvements and all or any part of the buildings or\nstructures constructed, reconstructed, rehabilitated or improved\nthereon, to third parties and to such public corporation or officer in\naccordance with the provisions of this article, and to hold the same\nsubject to the terms of any such lease, conveyance, sublease or other\nagreement; and such public corporation or officer is hereby authorized\nto lease or sublease from the fund any such lands or improvements or the\nschool portion of any combined occupancy structure, constructed,\nreconstructed, rehabilitated or improved thereon pursuant to this\narticle or other provisions of law, and to hold such lands,\nimprovements, buildings and school portions of combined occupancy\nstructures subject to the terms of any such lease, sublease or other\nagreement.\n  2. In the event that the fund shall fail, within five years from the\ndate of a lease or conveyance authorized pursuant to subdivision one of\nthis section, to construct, reconstruct, rehabilitate or improve the\nbuildings or structures thereon for which the conveyance was made, as\nprovided for in a lease, sublease or other agreement entered into with\nsuch public corporation or officer, or in the event that such buildings\nor structures shall cease to be used for the purposes intended, then and\nin either event but subject to the terms of any lease, sublease or other\nagreement undertaken by the fund, such lands, and the improvements and\nbuildings or structures thereon, shall revert to the city of New York\nwith right of re-entry thereupon, and such lease or deed shall be made\nsubject to such conditions; provided, however, that as a condition\nprecedent to the exercise of such right of re-entry the city of New\nYork, or such public corporation or officer, shall pay to the fund an\namount equal to the purchase price of such lands and improvements, the\ndepreciated cost of any buildings or structures constructed,\nreconstructed, rehabilitated or improved thereon, and all other costs of\nthe fund incident to the acquisition of such lands and the financing of\nconstruction, reconstruction, rehabilitation or improvement relating to\nsuch buildings or structures, all as provided in the aforesaid lease,\nsublease or other agreement entered into with such public corporation or\nofficer.\n
N.Y. MRE Law § 59 — New York Code / Act MRE / Article 4 / Title 1 / Section 59
Ventilation for shafts
Status: in_force

§ 59. Ventilation for shafts. 1. There shall be provided in the roof\ndirectly over each stair, fire-stair, dumbwaiter, elevator or similar\nshaft which extends to or within one story of a roof, a ventilating\nmetal skylight of the cross-sectional area of such shaft. Such skylight\nneed not, however, exceed twenty square feet in area. Where an existing\nskylight is smaller than the dimensions or area prescribed in this\nsubdivision, no structural change shall be required, but a ventilating\nmetal skylight fitting the existing opening in the roof shall be\nsufficient.  Every skylight shall be glazed with plain glass in the roof\nof such skylight and shall be equipped with metal screens over and under\nthe skylight. In lieu of a skylight a window of the same area at the top\nstory shall be accepted.\n  2. Whenever there is a flooring of solid construction at the top of\nany enclosed stair, fire-stair, elevator or similar shaft, openings\nshall be left near the top of such shaft for ventilation. Such openings\nshall provide at least two hundred eighty-eight square inches of\nunobstructed ventilation and shall communicate directly with the outer\nair, or be otherwise ventilated in accordance with the provisions of the\nlocal building code.\n  3. It shall be unlawful to discharge into any such shaft any\ninflammable or volatile gases, liquids or other thing or matter which\nwould endanger life.\n
N.Y. EDN Law § 261 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 261
Incorporation
Status: in_force

§ 261. Incorporation.  Within one month after taking office, the first\nboard of trustees of any such public library or Indian library shall\napply to the regents for a charter in accordance with the vote\nestablishing the library.\n
N.Y. PBH Law § 270 — New York Code / Act PBH / Article 2-A / Title 1 / Section 270
Definitions
Status: in_force

§ 270. Definitions. As used in this article, unless the context\nclearly requires otherwise:\n  1. "Administrator" means an entity with which the commissioner\ncontracts for the purpose of administering elements of the preferred\ndrug program, as established under section two hundred seventy-two of\nthis article or the clinical drug review program established under\nsection two hundred seventy-four of this article.\n  2. "Board" shall mean the drug utilization review board.\n  3. "Clinical drug review program" means the clinical drug review\nprogram created by section two hundred seventy-four of this article.\n  4. "Emergency condition" means a medical or behavioral condition as\ndetermined by the prescriber or pharmacists, the onset of which is\nsudden, that manifests itself by symptoms of sufficient severity,\nincluding severe pain, and for which delay in beginning treatment\nprescribed by the patient's health care practitioner would result in:\n  (a) placing the health or safety of the person afflicted with such\ncondition or other person or persons in serious jeopardy;\n  (b) serious impairment to such person's bodily functions;\n  (c) serious dysfunction of any bodily organ or part of such person;\n  (d) serious disfigurement of such person; or\n  (e) severe discomfort.\n  5. "Non preferred drug" means a prescription drug that is included in\nthe preferred drug program and is not one of the drugs on the preferred\ndrug list because it is either: (a) in a therapeutic class that is\nincluded in the preferred drug program and is not one of the drugs on\nthe preferred drug list in that class or (b) manufactured by a\npharmaceutical manufacturer with whom the commissioner is negotiating or\nhas negotiated a manufacturer agreement and is not a preferred drug\nunder a manufacturer agreement.\n  6. "Panel" means the elderly pharmaceutical insurance coverage panel\nestablished pursuant to section two hundred forty-four of the elder law.\n  7. "Preferred drug" means a prescription drug that is either (a) in a\ntherapeutic class that is included in the preferred drug program and is\none of the drugs on the preferred drug list in that class or (b) a\npreferred drug under a manufacturer agreement.\n  8. "Preferred drug program" means the preferred drug program\nestablished under section two hundred seventy-two of this article.\n  9. "Prescription drug" or "drug" means a drug defined in subdivision\nseven of section sixty-eight hundred two of the education law, for which\na prescription is required under the federal food, drug and cosmetic\nact. Any drug that does not require a prescription under such act, but\nwhich would otherwise meet the criteria under this article for inclusion\non the preferred drug list may be added to the preferred drug list under\nthis article; and, if so included, shall be considered to be a\nprescription drug for purposes of this article; provided that it shall\nbe eligible for reimbursement under a state public health plan when\nordered by a prescriber authorized to prescribe under the state public\nhealth plan and the prescription is subject to the applicable provisions\nof this article and paragraph (a) of subdivision four of section three\nhundred sixty-five-a of the social services law.\n  10. "Prior authorization" means a process requiring the prescriber or\nthe dispenser to verify with the applicable state public health plan or\nits authorized agent that the drug is appropriate for the needs of the\nspecific patient.\n  11. "State public health plan" means the medical assistance program\nestablished by title eleven of article five of the social services law\n(referred to in this article as "Medicaid"), the elderly pharmaceutical\ninsurance coverage program established by title three of article two of\nthe elder law (referred to in this article as "EPIC"), and the family\nhealth plus program established by section three hundred sixty-nine-ee\nof the social services law to the extent that section provides that the\nprogram shall be subject to this article.\n  12. "Supplemental rebate" means a supplemental rebate under\nsubdivision eleven of section two hundred seventy-two of this article.\n  13. "Therapeutic class" means a group of prescription drugs that\nproduce a particular intended clinical outcome and are grouped together\nas a therapeutic class by the pharmacy and therapeutics committee.\n  14. "Manufacturer agreement" means an agreement between the\ncommissioner and a pharmaceutical manufacturer under paragraph (b) of\nsubdivision eleven of section two hundred seventy-two of this article.\n
N.Y. VAT Law § 101 — New York Code / Act VAT / Title 1 / Article 1 / Section 101
Authorized emergency vehicle
Status: in_force

§ 101. Authorized emergency vehicle. Every ambulance, police vehicle\nor bicycle, correction vehicle, fire vehicle, civil defense emergency\nvehicle, emergency ambulance service vehicle, blood delivery vehicle,\nhuman organ delivery vehicle, county emergency medical services vehicle,\nenvironmental emergency response vehicle, sanitation patrol vehicle,\nhazardous materials emergency vehicle and ordnance disposal vehicle of\nthe armed forces of the United States.\n
N.Y. UDC Law § 2408*2 — New York Code / Act UDC / Article 24 / Title 1 / Section 2408*2
Access to court houses; expenses of court how paid
Status: in_force

* § 2408. Access to court houses; expenses of court how paid. The\njudges of the court shall have access to and possession of the\ncourt-rooms and court offices and other places provided by the first\njudicial district for the transaction of the business of the district\ncourt. It shall be an obligation of the first judicial district to\nsupply and pay for whatever may be necessary for the transaction of the\nbusiness of said court and the judges thereof, and to supply all proper\naccommodations, books, stationery and furniture and to pay all salaries,\ncompensations and expenses and disbursements herein authorized; and the\nproper county authorities shall annually include in the county budget\nchargeable only to the first judicial district such sums as may be\nnecessary to pay the same. Only the members of the county board of\nsupervisors from the towns comprising the first judicial district shall\nbe eligible to vote upon the district court budget. All fees and other\nrevenue of the district court system shall be credited to the first\njudicial district.\n  * NB There are 2 § 2408's\n
N.Y. EDN Law § 625 — New York Code / Act EDN / Title 1 / Article 13-B / Section 625
Misleading identification of lending institutions' employees
Status: in_force

§ 625. Misleading identification of lending institutions' employees.\n1.  A lending institution shall require that no employee or agent of\nsuch lending institution is identified to borrowers or potential\nborrowers of a covered institution as an employee, representative or\nagent of such covered institution.\n  2. A covered institution shall require that no employee or agent of a\nlending institution is identified to borrowers or potential borrowers of\nsuch covered institution as an employee, representative or agent of such\ncovered institution.\n  3. No employee, representative or agent of a lending institution may\nstaff a covered institution's financial aid offices.\n
N.Y. MDW Law § 30 — New York Code / Act MDW / Article 3 / Title 1 / Section 30
Lighting and ventilation of rooms
Status: in_force

§ 30. Lighting and ventilation of rooms. 1. The provisions of this\nsection shall apply only to multiple dwellings erected after April\neighteenth, nineteen hundred twenty-nine, and shall apply to all such\ndwellings unless otherwise expressly limited.\n  2. Except as in this section and in sections thirty-three,\nseventy-six, one hundred fifteen, one hundred sixty, one hundred\nseventy-six, two hundred, two hundred thirteen, two hundred fifty and\ntwo hundred fifty-one otherwise expressly provided, every room,\nincluding kitchens, water-closet compartments and bathrooms, shall have\nat least one window opening directly upon a street or upon a lawful\nyard, court or space above a setback upon the same lot as that occupied\nby the multiple dwelling in which such room is situated. Every such\nwindow shall be so located as to light properly all portions of the\nroom.\n  3. No room in any apartment of three rooms or less, and no room in any\nnon-fireproof apartment, shall extend in depth, from a street or yard on\nwhich it faces, more than thirty feet without a window opening on a\nlawful court.\n  4. a. Nothing in this section or section twenty-six shall be construed\nas prohibiting the windows or doors of any room from opening on a\npartially-enclosed balcony or space above a setback, provided such\nbalcony or space opens directly to a street or to a lawful yard or court\nand the area of the front of the balcony or space which is open to the\nouter air is at least equal to seventy-five per centum of the floor\nsurface area of such balcony or space. Any living room thus lighted and\nventilated by windows or doors opening on such balcony or space shall be\nat most thirty feet in depth measured from the extreme outer face of the\nwall forming the partial enclosure of the balcony or space. The windows\nor doors providing light and ventilation for a room or rooms opening\nexclusively on such a balcony or space shall have altogether at least\nthe area of one-tenth of the combined floor surface of such room or\nrooms and the portion of the balcony or space directly adjoining and in\nfront of such room or rooms.\n  b. On a fireproof dwelling a balcony or space above a setback\npermitted under paragraph a of this subdivision may be completely\nenclosed, provided the outer enclosing wall or walls and roof are\nconstructed of incombustible materials and the walls are glazed with\nclear plate glass or plastic equivalent and such glazed wall area is\nequal to at least fifty per centum of the area of the interior walls\nenclosing such balcony or space. At least fifty per centum of the glazed\narea shall be openable directly upon a street or upon a lawful yard or\ncourt. No window shall open from any bathroom, water-closet compartment\nor cooking space upon such enclosed balcony.\n  c. The enclosure on any balcony or a space above a setback shall not\n(1) be more than one story in height or (2) be erected in violation of\nthe provisions of paragraph a of subdivision six of section one hundred\ntwo of this chapter.\n  5. No multiple dwelling shall be so altered as to diminish the light\nor ventilation of any room or public hall or stairs in any way not\napproved by the department.\n  6. No window shall be required in any public room of a fireproof\nmultiple dwelling if such room is used solely for storage purposes or\nhas adequate mechanical ventilation maintained to provide at least the\nnumber of changes of the air volume of such room approved by the\ndepartment as necessary for the health and safety of the occupants of\nsuch dwelling. Any fresh air supply system required by the department\nfor such purposes shall be provided with adequate means for removing\ndust from the incoming air and with adequate means to heat such air at\nleast to sixty degrees Fahrenheit.\n  7. No required window shall open upon any offset or recess less than\nsix feet in width except a window of a water-closet compartment,\nbathroom, or stair or of a cooking compartment less than eighty square\nfeet in floor surface area.\n  8. (a) The windows in every room, except a water-closet compartment,\nbathroom, or cooking space less than eighty square feet in floor surface\narea, shall have a total area at least one-tenth of the floor surface\narea of such room and every window in such a room, including a mullioned\ncasement window, shall be at least twelve square feet in area.\n  (b) All required windows shall be so constructed that at least\none-half of their required area may be opened, except that a mullioned\ncasement window, if otherwise large enough to supply the window\nrequirements of the room, need be readily openable to the outer air only\nto the extent of five and one-half square feet of its area.\n  (c) Where fresh air is furnished in any room through a mechanical\nventilating unit or system which is an integral part of the dwelling\nstructure and capable of introducing not less than forty cubic feet of\nair per minute, the required window area in such room need be openable\nonly to the extent of twenty-five per cent of such window area but in no\nevent less than five and one-half square feet.\n  9. Transoms or partition sash, or louvres having a minimum area of 144\nsquare inches and arranged to be opened or closed, shall be provided to\nprivate halls or to adjoining rooms to secure through-ventilation\nwhenever required by the department, but no such transom or partition\nsash or louvre shall be required in a room having two windows opening to\nthe outer air if each window is at least nine square feet in area, or in\na room having a mullioned or single window with an aggregate area of at\nleast eighteen square feet.\n  10. All windows and their assemblies in walls situated on a lot line,\nexcept those facing on a street, shall be fireproof, with assemblies\nhaving a fire-resistive rating of at least three-quarters of an hour and\nglazed with wire glass at least one-quarter of an inch thick. Every\nopening in a wall situated on a lot line which is less than fifty feet\nin a vertical direction above a non-fireproof roof of another structure\nwithin a distance of thirty feet of the wall in which the opening is\nlocated shall be an automatic fireproof window.\n
N.Y. RPT Law § 726 — New York Code / Act RPT / Article 7 / Title 1 / Section 726
Refund of taxes
Status: in_force

§ 726. Refund of taxes. 1. If in a final order in any proceeding under\nthis article it is determined that the assessment reviewed was\nexcessive, unequal or unlawful, or that real property was misclassified,\nand ordered or directed that the same be corrected or stricken from the\nroll, and such order is not made in time to enable the assessors or\nother appropriate officer, board or body to make a new or corrected\nassessment or to strike such assessment from the roll prior to the\nimposing of any tax or special ad valorem levy upon the real property\nthe assessment of which has been determined to be excessive, unequal or\nunlawful, or which has been determined to be misclassified, then any\namount at any time collected upon such excessive, unequal or unlawful\nassessment, or as a result of such misclassification shall be refunded\nas follows:\n  (a) When such tax or other levy shall have been imposed by the board\nof supervisors, there shall be audited and paid to the petitioner or\nother person paying such tax or other levy in the same manner as county\ncharges, the amount paid by him in excess of the amount which would have\nbeen paid had such assessment been made as determined by such order,\ntogether with interest thereon as provided in subdivision two of this\nsection. So much of any tax or other levy, including interest thereon,\nas shall be refunded which was imposed for city, town, village or\nspecial district purposes, shall be charged to such city, town, village\nor special district. So much of the amount of any tax or other levy,\nincluding interest thereon, as shall be refunded which was imposed for\nother than city, town, village or special district purposes, shall be a\ngeneral county charge; provided, however, that if the assessment is\nreduced by such order by an amount not in excess of ten thousand\ndollars, such portion of the amount refunded shall be charged to the\ncity or town in which the real property is situated. However, with\nregard to condominiums, the amount paid by the petitioner or other\nperson paying such tax, in excess of the amount which would have been\npaid had such assessment been made, as determined by such order, for\nassessments other than city, town, village or special district purposes,\nshall not be a city or town charge regardless of the amount of the\nreduction in the assessment.\n  (b) When such tax or other levy shall have been imposed by the\nappropriate board or body of any city, town or village, there shall be\naudited and paid to the petitioner or other person paying such tax or\nother levy in the same manner as city, town or village charges, as the\ncase may be, the amount paid by him in excess of the amount which would\nhave been paid had the assessment been made as determined by such order,\ntogether with interest thereon as provided in subdivision two of this\nsection. So much of any tax or other levy, including interest thereon,\nas shall be refunded which was imposed for city, town, village or\nspecial district purposes, shall be charged to such city, town, village\nor special district. So much of the amount of any tax or other levy,\nincluding interest thereon, as shall be refunded which was imposed for\nother than city, town, village or special district purposes, shall be a\ngeneral county charge; provided, however, that if the assessment is\nreduced by such order by an amount not in excess of ten thousand\ndollars, such portion of the amount refunded shall be charged to the\ncity or town in which the real property is situated. However, with\nregard to condominium owners, the amount paid by the petitioner or other\nperson paying such tax, in excess of the amount which would have been\npaid had such assessment been made, as determined by such order, for\nassessments other than city, town, village or special district purposes,\nshall not be a city or town charge regardless of the amount of the\nreduction in the assessment.\n  (c) Any final order in a proceeding under article seven of this\nchapter, which orders or directs the correction or striking of an\nassessment appearing on that portion of a city, town or county\nassessment roll applicable to a school district, shall be binding on\nsuch school district. Any amount of taxes of such school district at any\ntime collected upon such assessment in excess of the amount which would\nhave been paid had such assessment been made as determined by such\norder, shall be refunded by the school authorities of such school\ndistrict, together with interest thereon computed as provided in\nsubdivision two of this section. A school district which levies taxes on\nbehalf of a school district public library, association library,\nmunicipal public library, or special district public library may charge\nback to such library the portion of such refund attributable to library\npurposes. Such refund shall be made in accordance with the procedure set\nforth in this section, provided, however, that application for such\nrefund shall be made, by the petitioner or other person paying such tax,\nwithin three years after the entry of the final order ordering or\nadjudging or determining such assessment to have been excessive, unequal\nor unlawful, or that real property was misclassified. The time of the\npendency of any appeal in any such proceeding or from any such order\nshall not be deemed part of such three years.\n  * 2. Interest shall be paid on the amount of any refund made pursuant\nto this section, computed from the date of payment of the tax or other\nlevy or portion thereof refunded; provided, however, that interest on\nthe amount of any such refund for the period after any final order\ndetermining the assessment reviewed to be excessive, unequal or\nunlawful, or determining that real property was misclassified,\nnotwithstanding that an appeal in the proceeding or from such order may\nbe pending, shall be paid only from the date that application for audit\nand payment of such refund shall have been duly made to the appropriate\nfiscal officer or body. Such rate of interest shall be the overpayment\nrate set by the commissioner of taxation and finance pursuant to\nsubsection (j) of section six hundred ninety-seven of the tax law and\nsuch interest rate shall not be greater than nine percent per annum.\nProvided, the interest rate of the first calendar quarter set forth in\nthe first month of the calendar year shall be the annual interest rate,\nand shall be the rate of interest prescribed by this subdivision. If, as\na result of an appeal, there shall be an increase in the amount to be\nrefunded, for the purposes of computing the interest thereon the\ndetermination upon such appeal shall be deemed a determination only with\nrespect to such increase.\n  * NB Applies to interest chargeable on or after April 1, 2003\n  3. Application for the audit and payment of a tax or other levy paid\nupon an assessment determined upon final order to be excessive, unequal\nor unlawful, or paid upon an assessment of real property determined upon\nfinal order to be misclassified, must be made to the proper fiscal\nofficer or body by the petitioner or other person paying such taxes\nwithin three years after the entry of such order; provided, however,\nthat the time of the pendency of any appeal in any such proceeding or\nfrom any such order shall not be deemed any part of such three years.\n  4. Provision for the payment of all amounts charged to a city, town,\nvillage, school district or special district pursuant to paragraphs (a),\n(b) and (c) of subdivision one of this section, shall be included in the\nnext annual budget or estimate of such city, town, village, school\ndistrict or special district; provided, however, that in the event the\naggregate amount charged to any city, town, village, school district or\nspecial district pursuant to paragraphs (a), (b) and (c) of subdivision\none of this section for any fiscal year exceeds twenty-five thousand\ndollars or if such amount exceeds one per centum of the full valuation\nthereof, such amount may be financed, in whole or in part, in the same\nmanner as a final judgment against such city, town, village, school\ndistrict or special district. Full valuation shall mean the valuation\nobtained by dividing the assessed valuation, as shown on the last\ncompleted assessment roll for which a state equalization rate has been\nestablished, by such state equalization rate. If a town shall issue\nobligations to finance the payment, in whole or in part, of the\naggregate amount so charged back to such town for any fiscal year, taxes\nor other levies required for payment of the principal of an interest on\nsuch obligations shall be imposed in the first instance upon the entire\ntown or such parts thereof, in the same proportion and manner, as the\ntaxes or other levies refunded and included in such aggregate amount\nwere imposed upon the entire town or such parts thereof.\n  5. (a) If the parties have so agreed, a final order may provide that a\nrefund which is payable pursuant to this section shall be paid in\ninstallments over a specified period, not to exceed five years. The\norder may further provide, if the parties have so agreed, that interest\nshall be paid on such installments, at the rate provided by this\nsection. Each such installment shall be audited, paid and charged back\nin the manner provided by this section.\n  (b) Notwithstanding any agreement of the parties to the contrary, in\nno event shall an excessive, unlawful or unequal assessment be reduced\nby more than is necessary to correct an excessive, unlawful or unequal\nassessment, or reapportioned by more than is necessary to correct a\nmisclassification, so as to avoid paying a refund pursuant to this\nsection.\n
N.Y. PBH Law § 2201 — New York Code / Act PBH / Article 22 / Title 1 / Section 2201
Tuberculosis; powers and duties of commissioner
Status: in_force

§ 2201. Tuberculosis; powers and duties of commissioner.  1. The\ncommissioner shall: (a) formulate such standards as he may deem\nnecessary in order to carry out the objectives and provisions of this\narticle and article six of this chapter relating to state aid for the\ncare and treatment of tuberculous patients;\n  (b) make a detailed study of the administration of existing public\nhospitals caring for tuberculous patients throughout the state,\nincluding the city of New York;\n  (c) make, adopt, promulgate and enforce such rules and regulations as\nhe may deem appropriate for the facilities, operation, administration\nand the future conduct of public hospitals caring for tuberculous\npatients throughout the state including the city of New York, under the\nprovisions of this article and article six of this chapter, and he may,\nfrom time to time, amend or repeal the same;\n  (d) forward a copy of such rules and regulations to the board of\nsupervisors of each county and to the mayor of each city, eligible for\nstate aid under this article and article six of this chapter;\n  (e) have full power and authority to examine any or all records,\nreports and other data pertaining to patients or the facilities,\noperation or administration of a hospital providing care or treatment of\ntuberculous patients for which a county or city applies for state aid;\n  (f) have full power and authority to examine or cause to be examined\nany patient in a hospital providing care or treatment for which a county\nor city applies for state aid;\n  (g) have full power and authority to make or cause to be made such\nlaboratory tests or X-ray examinations as in his judgment may be\ndesirable;\n  (h) have power and authority to recommend to counties and cities such\nchanges in the facilities, operation or administration of public\nhospitals caring for tuberculous patients throughout the state,\nincluding the city of New York, as, in his judgment, are necessary for\nthe county or city to qualify for state aid under the provisions of this\narticle and article six of this chapter and the rules and regulations\npromulgated thereunder.\n
N.Y. ENV Law § 57-0127 — New York Code / Act ENV / Article 57 / Title 1 / Section 57-0127
Cooperation of state and municipal agencies
Status: in_force

§ 57-0127. Cooperation of state and municipal agencies.\n  The council may request and shall be provided with such cooperation,\nassistance, services and data, from any department, agency, advisory\nboard, task force, commission, bureau or any other agency having\njurisdiction over land or water within the Long Island Pine Barrens\nmaritime reserve, as are necessary to carry out the council's function\npursuant to this title. The council shall coordinate its actions with\nthe region 1 regional advisory committee, established by section 49-0209\nof this chapter. Every state agency is authorized to provide, within\namounts appropriated therefor and subject to the approval of the\ndirector of the budget, such assistance and services as the council may\nrequest.\n
N.Y. EDN Law § 211-B — New York Code / Act EDN / Title 1 / Article 5 / Part 1 / Section 211-B
Consequences for consistent lack of improvement in academic performance
Status: in_force

§ 211-b. Consequences for consistent lack of improvement in academic\nperformance. In addition to taking appropriate action pursuant to the\nregulations of the commissioner and the requirements of federal law, the\nfollowing actions shall be taken to increase school and district\naccountability for academic performance:\n  1. The regents shall expand the scope and improve the effectiveness of\nthe schools under registration review (SURR) process in the two thousand\nseven--two thousand eight school year and thereafter, so as to ensure\nthat all schools that meet the criteria for identification as SURR shall\nbe so identified. The goal of such expansion shall be to identify as\nSURR up to a total of five percent of the schools in the state within\nfour years, and to reorganize or restructure schools so identified in\ncases where such action is appropriate.\n  2. The regents shall develop a plan for increased support and possible\nintervention in schools in improvement, corrective action, or\nrestructuring status or in SURR status. Notwithstanding any provision of\nlaw to the contrary, the regents shall establish a two-step process as\nfollows:\n  a. The appointment by the commissioner of a school quality review team\nto assist any school in school improvement, corrective action,\nrestructuring status or SURR status in developing and implementing a\nschool improvement, corrective action, restructuring, or comprehensive\nplan for the school. Such team may also conduct resource and program and\nplanning audits and examine the quality of curriculum, instructional\nplans, and teaching in the schools, the learning opportunities and\nsupport services available to students, and the organization and\noperations of the school. After such review, the team shall provide\ndiagnostic recommendations for school improvement, which may include\nadministrative and operational improvements. The recommendation of such\nteam shall be advisory. The reasonable and necessary expenses incurred\nin the performance of the team's official duties shall be a charge upon\nthe school district, or charter school, where applicable, that operates\nthe school.\n  b. The appointment by the commissioner of a joint school intervention\nteam, for schools in (i) restructuring status or (ii) SURR status that\nhave failed to demonstrate progress as specified in their corrective\naction plan or comprehensive education plan. Administrators and\neducators from the district or charter school where applicable must be\nincluded on the team, as well as any distinguished educator appointed to\nthe district pursuant to section two hundred eleven-c of this part. Such\nteam shall assist the school district in developing, reviewing and\nrecommending plans for reorganizing or reconfiguring of such schools.\nThe recommendations of such team should be advisory. The reasonable and\nnecessary expenses incurred in the performance of the school\nintervention team's official duties shall be a charge upon the school\ndistrict, or charter school where applicable, that operates the school.\n  3. A school district that has been identified as requiring academic\nprogress, as defined by 100.2(p)(7) of the commissioner's regulations,\nor includes one or more schools under registration review, in need of\nimprovement, in corrective action or restructuring status shall be\nrequired to submit a district improvement plan to the commissioner for\napproval. In formulating the district improvement plan, the district\nshall consider redirecting resources to programs and activities included\nin the menu of options under subdivision three of section two hundred\neleven-d of this part in the schools so identified. If such options are\nnot adopted in the district improvement plan, the school district shall\nprovide the commissioner with an explanation of such decision which\nshall be considered by the commissioner in determining whether to\napprove such plan. The trustees or board of education shall hold a\npublic hearing before adoption of the district improvement plan and a\ntranscript of the testimony at such hearing shall be submitted to the\ncommissioner for review with the district improvement plan.\n  4. The commissioner shall develop a plan for intervention in schools\nunder restructuring or SURR status that fail to demonstrate progress on\nestablished performance measures and may be targeted for closure. Such\nplan shall specify criteria for school closure and include processes to\nbe followed, research based options, and alternatives and strategies to\nreorganizing, restructuring or reconfiguring schools. Such plan shall be\ndeveloped with input from educators including, but not limited to,\nadministrators, teachers and individuals identified as distinguished\neducators pursuant to section two hundred eleven-c of this part.\n  5. (a) The regents shall ensure that all school districts include in\nany contract of employment, entered into, amended, or extended with a\nsuperintendent of schools, community superintendent or deputy,\nassistant, associate or other superintendent of schools who has been or\nwill be appointed for a fixed term, a provision requiring that such\ncontract specify that the superintendent shall be required to cooperate\nfully with any distinguished educator appointed by the commissioner\npursuant to section two hundred eleven-c of this part.\n  (b) In the case of a superintendent of schools, community\nsuperintendent or deputy, assistant, associate or other superintendent\nof schools who is not appointed for a fixed term, the contract\nprovisions contained in paragraph (a) of this subdivision shall be\ndeemed to apply to such superintendent immediately.\n  (c) In the case of a charter school, the contract of employment of the\nprincipal or headmaster or other chief school officer of the charter\nschool that is entered into, amended or extended shall also be required\nto include the provisions contained in paragraph (a) of this\nsubdivision. In addition, such contract provisions shall be deemed to\napply immediately to any such person not appointed for a fixed term.\n
N.Y. SOS Law § 131-SS — New York Code / Act SOS / Article 5 / Title 1 / Section 131-SS
Automated identification of OTDA assistance program participants
Status: in_force

§ 131-ss. Automated identification of OTDA assistance program\nparticipants. 1. Definitions. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n  (a) "Commissioner" shall mean the commissioner of the office of\ntemporary and disability assistance.\n  (b) "Office" or "OTDA" shall mean the office of temporary and\ndisability assistance.\n  (c) "OTDA assistance program participant" shall mean a household that\nis determined to be eligible by the office for any of the following\nprograms, provided, however, that the office may require written consent\nfrom OTDA assistance program participants before using data obtained\nfrom any of the following programs for the purposes of this section:\n  (i) Public assistance;\n  (ii) Home energy assistance program; and\n  (iii) Any other income-based assistance program identified by the\npublic service commission that is administered and approved for\ninclusion under this section by the office.\n  (d) "Utility corporation" shall include utility companies, utility\ncorporations, public utility companies, public utility corporations, gas\ncorporations, electric corporations, municipalities as defined in\nsection two of the public service law and regulated pursuant to the\npublic service law, water-works corporations subject to section fifty of\nthe public service law, a municipal corporation that provides public\nutility services, a rural electric cooperative, or a state public\nauthority that provides utility services.\n  (e) "Utility corporation affordability programs" shall be defined by\nthe public service commission and shall be limited to utility\ncorporation programs which are intended to assist customers with energy\nor water service affordability by reducing customers' energy or water\nservice burden, as applicable.\n  2. Within one year of the effective date of this section, the\ncommissioner shall provide for automated identification of OTDA\nassistance program participants for participation in utility corporation\naffordability programs for energy affordability pursuant to subdivision\nfour of this section. Within one year and six months of the effective\ndate of this section, the commissioner shall provide for automated\nidentification of OTDA program participants for participation in utility\ncorporation affordability programs for water service affordability\npursuant to subdivision four of this section.\n  3. The utility corporation shall be responsible for working with the\noffice to facilitate and implement the technological capabilities to\nallow for the secure transmission of data through an interface with the\noffice's information technology infrastructure.\n  4. (a) To the extent permitted by federal law, regulations and\npolicies, the office, upon the utility corporation agreeing to and\nsigning the office's data terms and upon receipt of the required data\nelements from the utility corporation, as such data elements are defined\nby the office, shall conduct automated file matching to identify utility\ncorporation customer accounts that are also OTDA assistance program\nparticipants and, if permitted by federal law, regulations and policies,\nsuch information shall be provided to utility corporations no less than\nsemi-annually. Utility corporation customer accounts identified by the\noffice as potentially eligible for participation in available utility\ncorporation affordability programs as a result of such file matching\nshall be, if confirmed as eligible for such utility corporation\naffordability programs by the utility corporation, enrolled in such\nutility corporation affordability programs by the utility corporation\nwithin sixty days of receipt by the utility corporation of the results\nof the automated file match. Any information provided to the utility\ncorporations related to OTDA assistance program participants pursuant to\nthis section shall not be redisclosed by the utility corporation and\nshall only be utilized for the purpose of confirming eligibility in the\nutility corporation affordability program and providing notifications\npursuant to paragraph (b) of this subdivision.\n  (b) Upon automatic enrollment in the utility corporation affordability\nprogram, the utility corporation shall provide written notification to\nthe utility corporation affordability program participant of their\nenrollment in such program.\n  (c) Except as prohibited by federal law, regulation, or policy, and\nnotwithstanding any provision of state or local law, regulation, or\npolicy to the contrary, a utility corporation is authorized to share the\nrequired data elements for the purposes of and as provided for by this\nsection.\n  5. The commissioner may adopt, on an emergency basis pursuant to\narticle two of the state administrative procedure act, any rules\nnecessary to carry out the provisions of this article.\n  6. The commissioner may delegate the administration of any portion of\nthis section to any state agency, social services official, city,\ncounty, town, contractor or non-profit organization in accordance with\nthe provisions of this article and applicable federal requirements.\nProvided however, such privacy and confidentiality limitations\nprescribed in this section shall apply to any entity to which the\ncommissioner delegates the administration of any portion of this\nsection.\n
N.Y. GMU Law § 858-B — New York Code / Act GMU / Article 18-A / Title 1 / Section 858-B
Equal employment opportunities
Status: in_force

§ 858-b. Equal employment opportunities. 1. Each agency shall ensure\nthat all employees and applicants for employment are afforded equal\nemployment opportunity without discrimination.\n  2. Except as is otherwise provided by collective bargaining contracts\nor agreements, new employment opportunities created as a result of\nprojects of the agency shall be listed with the New York state\ndepartment of labor community services division, and with the\nadministrative entity of the service delivery area created by the\nfederal job training partnership act (P.L. No. 97-300) in which the\nproject is located. Except as is otherwise provided by collective\nbargaining contracts or agreements, sponsors of projects shall agree,\nwhere practicable, to first consider persons eligible to participate in\nthe federal job training partnership (P.L. No. 97-300) programs who\nshall be referred by administrative entities of service delivery areas\ncreated pursuant to such act or by the community services division of\nthe department of labor for such such new employment opportunities.\n
N.Y. PEN Law § 490.10 — New York Code / Act PEN / Part 4 / Title Y-1 / Article 490 / Section 490.10
Soliciting or providing support for an act of terrorism in the second degree
Status: in_force

§ 490.10 Soliciting or providing support for an act of terrorism in the\n           second degree.\n  A person commits soliciting or providing support for an act of\nterrorism in the second degree when, with intent that material support\nor resources will be used, in whole or in part, to plan, prepare, carry\nout or aid in either an act of terrorism or the concealment of, or an\nescape from, an act of terrorism, he or she raises, solicits, collects\nor provides material support or resources.\n  Soliciting or providing support for an act of terrorism in the second\ndegree is a class D felony.\n
N.Y. PBH Law § 3308 — New York Code / Act PBH / Article 33 / Title 1 / Section 3308
Powers and duties of the commissioner
Status: in_force

§ 3308. Powers and duties of the commissioner. 1. The commissioner,\nand any representative authorized by him, shall have the power to\nadminister oaths, compel the attendance of witnesses and the production\nof books, papers and records and to take proof and testimony concerning\nall matters within the jurisdiction of the department.\n  2. The commissioner is hereby authorized and empowered to make any\nrules, regulations and determinations which in his judgment may be\nnecessary or proper to supplement the provisions of this article to\neffectuate the purposes and intent thereof or to clarify its provisions\nso as to provide the procedure or details to secure effective and proper\nenforcement of its provisions.\n  3. No rule or regulation hereunder shall become effective unless, at\nleast twenty-one days prior to the proposed effective date, persons who\nhave conveyed to the department in writing a request to be notified of\nproposed changes and additions to the department's rules and regulations\nunder this article have been provided with the text of such proposed\nrules and regulations and have been given an opportunity to comment in\nwriting thereon.\n  4. The rules, regulations and determinations, when made and\npromulgated by the commissioner, shall be the rules, regulations and\ndeterminations of the department and, until modified or rescinded, shall\nhave the force and effect of law. It shall be the duty of the\ndepartment, to enforce all of the provisions of this article and all of\nthe rules, regulations and determinations made thereunder.\n  5. Notwithstanding any inconsistent provision of this article, the\ncommissioner in consultation with the commissioner of education is\nhereby authorized to promulgate regulations regarding the prescribing,\ndispensing, use and transmission of electronic prescriptions, which may\nbe prescribed and dispensed in lieu of an official New York state\nprescription.\n  6. The commissioner in consultation with the commissioner of education\nis hereby authorized to promulgate regulations regarding the dispensing\nof out-of-state prescriptions.\n
N.Y. PBH Law § 3304 — New York Code / Act PBH / Article 33 / Title 1 / Section 3304
Prohibited acts
Status: in_force

* § 3304. Prohibited acts. 1. It shall be unlawful for any person to\nmanufacture, sell, prescribe, distribute, dispense, administer, possess,\nhave under his control, abandon, or transport a controlled substance\nexcept as expressly allowed by this article.\n  2. It shall be unlawful for any person to possess or have under his\ncontrol an official New York state prescription form except as expressly\nallowed by this article.\n  * NB Separately amended -- cannot be put together\n  * § 3304. Prohibited acts. a. It shall be unlawful for any person to\nmanufacture, sell, prescribe, distribute, dispense, administer, possess,\nhave under his control, abandon, or transport a controlled substance\nexcept as expressly allowed by this article.\n  b. It shall be unlawful for any physician practicing medicine as\ndefined in section sixty-five hundred twenty-one of the education law to\nprescribe, dispense or administer any amphetamines or sympathomimetic\namine drug or compound thereof, designated as a schedule II controlled\nsubstance pursuant to section thirty-three hundred six of this article\nfor the exclusive treatment of obesity, weight control or weight loss. A\nviolation of the provisions of this subdivision shall not be grounds for\nprosecution under article two hundred twenty of the penal law.\n  * NB Separately amended -- cannot be put together\n
N.Y. VAT Law § 141-B — New York Code / Act VAT / Title 1 / Article 1 / Section 141-B
Sani-vans
Status: in_force

§ 141-b. Sani-vans. Any motor vehicle which is so designed that it\ncontains a rear compaction unit and is intended for use in the\ncollection of refuse. For the purpose of section one hundred seventeen-a\nof this chapter, the term "sani-van" shall mean any motor vehicle which\nis so designed that it contains a rear compaction unit and is intended\nfor and is used in the collection of refuse and/or recyclable materials.\n
N.Y. GOB Law § 3-111 — New York Code / Act GOB / Article 3 / Title 1 / Section 3-111
Negligence of parent or other custodian not imputed to infant
Status: in_force

§ 3-111. Negligence of parent or other custodian not imputed to\ninfant.  In an action brought by an infant to recover damages for\npersonal injury the contributory negligence of the infant's parent or\nother custodian shall not be imputed to the infant.\n
N.Y. VAT Law § 159-A — New York Code / Act VAT / Title 1 / Article 1 / Section 159-A
Waste collection vehicle
Status: in_force

§ 159-a. Waste collection vehicle. Any motor vehicle which is commonly\nclassified as a garbage truck that is designed for and is used in the\ncollection of refuse and/or recyclable materials.\n
N.Y. EDN Law § 464 — New York Code / Act EDN / Title 1 / Article 10 / Section 464
State and city's right to require redemption of bonds
Status: in_force

§ 464. State and city's right to require redemption of bonds.\nNotwithstanding and in addition to any provisions for the redemption of\nbonds which may be contained in any contract with the holders of the\nbonds, either the state or the city of New York may, upon furnishing\nsufficient funds therefor, require the fund to redeem, prior to\nmaturity, as a whole, any issue of bonds on any interest payment date\nnot less than twenty years after the date of the bonds of such issue at\none hundred five per centum of their face value and accrued interest or\nat such lower redemption price as may be provided in the bonds in case\nof the redemption thereof as a whole on the redemption date.  Notice of\nsuch redemption shall be published in at least two newspapers published\nand circulating in the city of New York at least twice, the first\npublication to be at least thirty days before the date of redemption.\n
N.Y. PBH Law § 2500-E — New York Code / Act PBH / Article 25 / Title 1 / Section 2500-E
Pregnant women, blood test for hepatitis B; follow-up care
Status: in_force

§ 2500-e. Pregnant women, blood test for hepatitis B; follow-up care.\n1. At the time that a blood sample is taken to be tested for syphilis\npursuant to section twenty-three hundred eight of this chapter, every\nphysician or other authorized practitioner attending a pregnant woman in\nthe state shall, in addition, submit or cause to be submitted such\nsample to an approved laboratory for a standard serological test for\nhepatitis B surface antigen.\n  2. The term "approved laboratory" means a laboratory approved for the\npurpose as herein provided by the department, or in the city of New York\nby the department of health of such city.\n  3. A standard serological test for hepatitis B surface antigen is one\nrecognized as such by the department or in the city of New York by the\ndepartment of health of such city.\n  4. The physician or other authorized practitioner attending a pregnant\nwoman shall record the hepatitis B surface antigen test results\nprominently in the pregnant woman's medical record at or before the time\nof hospital admission for delivery.\n  5. If, at the time of hospital admission for delivery, hepatitis B\nsurface antigen test results are not available, the hospital shall\narrange immediate testing of the mother with results available within\ntwenty-four hours, or as soon thereafter as practicable, but in no event\nlonger than forty-eight hours.\n  6. It shall be the duty of the administrative officer or other person\nin charge of each institution caring for infants twenty-eight days of\nage or less to report the hepatitis B surface antigen test results of\nall mothers of newborn children to the department in such a manner as\nmay be required by the commissioner.\n  7. If the mother of a newborn infant has tested positive for hepatitis\nB surface antigen, the physician or other authorized practitioner\nattending the infant shall offer or cause to be offered immunizing doses\nof hepatitis B vaccine and hepatitis B immune globulin to the newborn\nwithin twelve hours of birth or whenever the infant is stable\nphysiologically and immunizing doses of hepatitis B vaccine and\nfollow-up vaccine in accordance with the schedule specified by the\ncommissioner. If the mother's hepatitis B surface antigen test results\nwere unavailable when the mother was admitted to a hospital for\ndelivery, the physician or other authorized practitioner attending the\ninfant shall offer or cause to be offered immunizing doses of hepatitis\nB vaccine and hepatitis B immune globulin for the newborn immediately\nupon receiving results showing that the mother has tested positive for\nhepatitis B surface antigen and offer immunizing doses of hepatitis B\nvaccine and follow-up vaccine in accordance with the schedule specified\nby the commissioner.\n  8. The parent or guardian of any child born to a mother positive for\nhepatitis B surface antigen shall have administered to such child\nimmunizing doses of hepatitis B immune globulin at birth and hepatitis B\nvaccine as well as follow-up hepatitis B vaccine in accordance with the\nschedule specified by the commissioner.\n  9. If the parent or guardian of such child is unable to pay for the\nservices of a private physician or other authorized practitioner, such\nperson shall present such child to the health officer of the county in\nwhich the child resides, who shall then administer the follow-up\nhepatitis B vaccine without charge.\n  10. If any licensed physician or nurse practitioner certifies that a\nfollow-up dose of hepatitis B vaccine may be detrimental to a child's\nhealth, the requirements of this section shall be inapplicable until\nsuch immunization is found no longer to be detrimental to such child's\nhealth.\n  11. The provision of this section relating to immunization shall not\napply in the case of any newborn infant whose parent or guardian holds\ngenuine and sincere religious beliefs which prohibit immunization and\nwho notifies the person charged with administering such immunization of\nthe religious objection thereto.\n  12. The commissioner of health shall promulgate such rules and\nregulations as are necessary to carry out the requirements of this\nsection.\n
N.Y. EDN Law § 248 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 248
Manuscript and records "on file"
Status: in_force

§ 248. Manuscript and records "on file". Manuscript or printed papers\nof the legislature, usually termed "on file," and which shall have been\non file more than five years in custody of the senate and assembly\nclerks, and all public records of the state not placed in other custody\nby a specific law shall be part of the state library and shall be kept\nin rooms assigned and suitably arranged for that purpose by the trustees\nof public buildings. The regents shall cause such papers and records to\nbe so classified and arranged that they can be easily found. No paper or\nrecord shall be removed from such files except on a resolution of the\nsenate and assembly withdrawing them for a temporary purpose, and in\ncase of such removal a description of the paper or record and the name\nof the person removing the same shall be entered in a book provided for\nthat purpose, with the date of its delivery and return.\n
N.Y. ELN Law § 3-112 — New York Code / Act ELN / Article 3 / Title 1 / Section 3-112
State board of elections; uniform standards for processing data requests and duty to send data and information to statewide database
Status: in_force

§ 3-112. State board of elections; uniform standards for processing\ndata requests and duty to send data and information to statewide\ndatabase. 1.  For the purposes of this section the term "election\nauthority" shall mean any local government entity primarily responsible\nfor maintaining the records listed in this section, including, but not\nlimited to, any county or city board of elections, or any county, city,\ntown, village, or school district that administers their own elections\nor maintain their own voting and election records.\n  1-a. There is hereby established within the state board of elections\nthe New York voting and elections database. Such database shall be a\ncentral repository of certain elections and voting data available to the\npublic from an election authority in the state. The state board of\nelections shall collect, host, and maintain in an electronic format\nrecords provided to the state board of elections pursuant to this\nsection. Such records shall be maintained for at least twelve years.\n  1-b. The state board of elections, shall promulgate regulations within\none hundred eighty days of the effective date of this section on data\nstandards for the method of processing and transmitting records required\nto be provided pursuant to this section. Such data standards promulgated\nby the state board of elections pursuant to this subdivision shall:\n  (a) be consistent with any relevant standards, guidelines, or guidance\ndeveloped by the national institute of standards and technology, the\nelection assistance commission, or the cybersecurity and infrastructure\nsecurity agency; and\n  (b) apply to every election authority in the state.\n  2. Upon the certification of election results and the completion of\nthe voter history file after every election, each election authority\nshall, by January first after such election, or within ten business\ndays, whichever is later, transmit to the state board of elections, if\nsuch election authority is able to maintain the record, copies of: (a)\nelection results at the election district level for every statewide\nelection and every election in every political subdivision; (b)\ncontemporaneous voter registration lists; (c) voter history files; (d)\nmaps or other documentation of the configuration of districts in any\nformat or formats as specified by the state board of elections; (e)\ntabulations of the number of valid and invalid affidavit ballots, the\nreasons for which affidavit ballots were invalid, and the quantity and\ndisposition of affidavit ballots subject to the cure procedure\nprescribed by subdivision three of section 9-209 of this chapter; (f)\ntabulations of the number of valid and invalid absentee ballots, the\nreasons for which absentee ballots were invalid and the quantity of\nabsentee ballots invalid for each such reason, and the quantity and\ndisposition of absentee ballots subject to the cure procedure prescribed\nby subdivision three of section 9-209 of this chapter; (g) lists of\nelection day poll sites and early voting sites and maps or other\ndocumentation of the configuration of districts in any format or formats\nas specified by the state board of elections of the election districts\nassigned to each election day poll site or early voting site; (h)\nadopted districting or redistricting plans for every election in every\npolitical subdivision; and (i) any other publicly available data as\nrequested by the state board of elections. Nothing in this section shall\nbe construed to require an election authority to create or otherwise\nprovide a record it is not capable of collecting. Within sixty days of\nreceipt of records pursuant to this section, the New York voting and\nelections database shall post such records to its public facing website,\nprovided that individual voter registration records shall not be\npublished, but only made available to the public upon request pursuant\nto subdivision five of section 3-103 of the election law. No cost shall\nbe charged to access such records.\n  3. The state board of elections shall provide the attorney general\nwith access to copies of the non-confidential fields of the statewide\nvoter database or any similar successor statewide voter registration\ndatabase upon request, in a single tabular data file in a common,\nmachine readable format that can be readily accessed and analyzed.\n  4. Every six months, the state board of elections shall determine\nwhich election authorities have failed to transmit records to the state\nboard of elections pursuant to this section and shall publish a list of\nsuch election authorities. Upon publication of the list, an election\nauthority that failed to transmit records to the state board of\nelections pursuant to this section shall have a cure period of ten\nbusiness days to come into compliance or provide to the state board of\nelections an adequate reason the authority is not capable of\ntransmitting such records. The state board of elections may determine an\nadequate reason for non-compliance pursuant to its rules and\nregulations. If after ten business days, the election authority has\ntaken no action to cure its non-compliance the state board of elections\nor the attorney general may file an action against such election\nauthority to enforce compliance with the requirements of this section.\n
N.Y. VAT Law § 145-F — New York Code / Act VAT / Title 1 / Article 1 / Section 145-F
Stinger-steered boat transporter
Status: in_force

§ 145-f. Stinger-steered boat transporter. A boat transporter\nconfigured as a semitrailer combination wherein the fifth wheel is\nlocated on a drop frame located behind and below the rear-most axle of\nthe power unit.\n
N.Y. GMU Law § 864 — New York Code / Act GMU / Article 18-A / Title 1 / Section 864
Bonds of the agency
Status: in_force

§ 864. Bonds of the agency. (1) The agency shall have the power and is\nhereby authorized from time to time to issue negotiable bonds for any of\nits corporate purposes without limitation as to amount. The agency shall\nhave power from time to time and whenever it deems refunding expedient,\nto refund any bonds by the issuance of new bonds, whether the bonds to\nbe refunded have or have not matured, and may issue bonds partly to\nrefund bonds then outstanding and partly for any other purpose\nhereinabove described.  The refunding bonds may be exchanged for the\nbonds to be refunded, with such cash adjustments as may be agreed, or\nmay be sold and the proceeds applied to the purchase or redemption of\nthe bonds to be refunded. Except as may otherwise be expressly provided\nby the agency, the bonds of every issue shall be special obligations of\nthe agency payable solely from revenues derived from the leasing, sale\nor other disposition of a project, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues.  Whether or not the bonds are of such form and character as to\nbe negotiable instruments under article eight of the uniform commercial\ncode, the bonds shall be, and are hereby made, negotiable instruments\nwithin the meaning of and for all the purposes of the uniform commercial\ncode, subject only to the provisions of the bonds for registration.\n  (2) The bonds shall be authorized by resolution of the agency and\nshall bear such date or dates, mature at such time or times, bear\ninterest at such rate or rates, payable at such time or times, be in\nsuch denominations, be in such form, either coupon or registered, carry\nsuch registration privileges, be executed in such manner, be payable in\nlawful money of the United States of America at such place or places,\neither within or without the state, and be subject to such terms of\nredemption as such resolution or resolutions may provide.  The bonds may\nbe sold at public or private sale at such price or prices as the agency\nshall determine.\n  (3) Any resolution or resolutions authorizing any bonds or any issue\nof bonds may contain provisions, which shall be a part of the contract\nwith the holders of the bonds thereby authorized, as to:\n  (a) pledging all or any part of the revenues derived from the leasing,\nsale or other disposition of a project or projects to secure the payment\nof the bonds, subject to such agreements with bondholders as may then\nexist;\n  (b) the rentals, fees, and other charges to be charged, and the\namounts to be raised in each year thereby, and the use and disposition\nof the revenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the agency to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or any issue\nof the bonds;\n  (f) the terms upon which additional bonds may be issued and secured;\nthe refunding of outstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the agency may determine which may include any or all\nthe rights, powers and duties of the trustees appointed by the\nbondholders and limiting or abrogating the right of the bondholders to\nappoint a trustee or limiting the rights, duties and powers of trustee;\n  (i) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n
N.Y. RPT Law § 400 — New York Code / Act RPT / Article 4 / Title 1 / Section 400
United States
Status: in_force

§ 400.  United States.  1.  Real property owned by the United States\nshall be exempt from taxation, except as otherwise provided by the laws\nof the United States.\n  2.  Real property occupied exclusively or in part by the United States\npursuant to the provisions of the public buildings purchase contract act\nof nineteen hundred fifty-four (Public Law 519, 83rd Congress) shall be\nexempt from taxation and exempt from special ad valorem levies and\nspecial assessments to the extent provided in section four hundred\nninety of this chapter, during the period that the United States is\nrequired to make reimbursement for taxes payable on such property,\nprovided that the United States enters into an agreement or agreements\nwith the municipal corporation or corporations in which such properties\nare located, whereby it will undertake to pay a fair and reasonable sum\nannually on such property as taxes.  Where a part of the property is so\noccupied by the United States, such part only shall be exempt and the\nremainder thereof shall be subject to taxation, special ad valorem\nlevies and special assessments.  The sums received by any municipal\ncorporation pursuant to this subdivision shall be devoted to purposes to\nwhich taxes may be applied.\n
N.Y. LAB Law § 167 — New York Code / Act LAB / Article 5 / Title 1 / Section 167
Restrictions on consecutive hours of work for nurses
Status: in_force

§ 167. Restrictions on consecutive hours of work for nurses. 1. When\nused in this section:\n  a. "Health care employer" shall mean any individual, partnership,\nassociation, corporation, limited liability company or any person or\ngroup of persons acting directly or indirectly on behalf of or in the\ninterest of the employer, which provides health care services (i) in a\nfacility licensed or operated pursuant to article twenty-eight of the\npublic health law, including any facility operated by the state, a\npolitical subdivision or a public corporation as defined by section\nsixty-six of the general construction law, or (ii) in a facility\noperated by the state, a political subdivision or a public corporation\nas defined by section sixty-six of the general construction law,\noperated or licensed pursuant to the mental hygiene law, the education\nlaw, the correction law, or section five hundred four of the executive\nlaw.\n  b. "Nurse" shall mean a registered professional nurse or a licensed\npractical nurse as defined by article one hundred thirty-nine of the\neducation law who provides direct patient care.\n  c. "Regularly scheduled work hours", including pre-scheduled on-call\ntime and the time spent for the purpose of communicating shift reports\nregarding patient status necessary to ensure patient safety, shall mean\nthose hours a nurse has agreed to work and is normally scheduled to work\npursuant to the budgeted hours allocated to the nurse's position by the\nhealth care employer; and if no such allocation system exists, some\nother measure generally used by the health care employer to determine\nwhen an employee is minimally supposed to work, consistent with the\ncollective bargaining agreement, if any. Nothing in this section shall\nbe construed to permit an employer to use on-call time as a substitute\nfor mandatory overtime.\n  2. a. Notwithstanding any other provision of law no health care\nemployer shall require a nurse to work more than that nurse's regularly\nscheduled work hours, except pursuant to subdivision three of this\nsection.\n  b. Nothing in this section shall prohibit a nurse from voluntarily\nworking overtime.\n  3. The limitations provided for in this section shall not apply in the\ncase of:\n  a. a health care disaster, such as a natural or other type of disaster\nthat increases the need for health care personnel, unexpectedly\naffecting the county in which the nurse is employed or in a contiguous\ncounty; or\n  b. a federal, state or county declaration of emergency in effect in\nthe county in which the nurse is employed or in a contiguous county; or\n  c. where a health care employer determines there is an emergency,\nnecessary to provide safe patient care. For the purposes of this\nparagraph, "emergency", including an unanticipated staffing emergency,\nis defined as an unforeseen event that could not be prudently planned\nfor by an employer and does not regularly occur; or\n  d. an ongoing medical or surgical procedure in which the nurse is\nactively engaged and whose continued presence through the completion of\nthe procedure is needed to ensure the health and safety of the patient.\n  4. The provisions of this section are intended as a remedial measure\nto protect the public health and the quality of patient care, and shall\nnot be construed to diminish or waive any rights of any nurse pursuant\nto any other law, regulation, or collective bargaining agreement.\n  5. Oversight of the use of mandatory overtime during an emergency. a.\nThe commissioner, in consultation with the commissioner of health, shall\nhave the authority to promulgate any regulations necessary to carry out\nthe provisions of this section.\n  b. Any health care employer that utilizes an exception to the\nlimitation on mandatory overtime provisions as provided for in\nsubdivision three of this section shall notify the department when such\nprovisions are in use. If a health care employer has utilized the\nmandatory overtime provisions as provided for in this section for\nfifteen days or more in a given month, the employer shall report to the\ndepartment and the department of health: (i) the number of days\nmandatory overtime was required; (ii) the number of employees that were\nrequired to remain on duty in overtime status; and (iii) the dates and\ntimes mandatory overtime was required. If a health care employer has\nutilized mandatory overtime provisions under this section for forty-five\ndays or more in any consecutive three month period the health care\nemployer shall file with the department and the department of health an\nexplanation for why mandatory overtime was required and provide an\nestimate of when the employer intends to cease the use of mandatory\novertime.\n  c. The department shall establish an enforcement officer to oversee\ninvestigations into any complaints of violations of this section.\n  d. The health care employer shall, before utilizing mandatory overtime\nprovisions and requiring an on-duty employee to remain, make a good\nfaith effort to have overtime covered on a voluntary basis, including,\nbut not limited to, calling per diems, agency nurses, assigning floats,\nor requesting an additional day of work from off-duty employees, to the\nextent such staffing options exist. Failure to engage in a good faith\neffort pursuant to this section shall be a violation. Any employee who\nhas been required to work in violation of this section may file a\ncomplaint with the enforcement officer alleging such violation. Any\ncomplaint made pursuant to this paragraph must be made in good faith.\n  6. Upon receipt of a complaint pursuant to subdivision five of this\nsection, the enforcement officer may cause such investigation to be\nmade, in consultation with the department of health and shall notify the\nemployer. If, after investigation, the commissioner determines that an\nemployer has violated this section, the commissioner shall issue to the\nemployer an order directing compliance therewith, which shall describe\nparticularly the alleged violation. A copy of such order shall be\nprovided to any employee who has filed a complaint and to his or her\nauthorized representative. The commissioner may assess the employer a\ncivil penalty in an amount not to exceed one thousand dollars for a\nfirst violation, two thousand dollars for a second violation if within\ntwelve months, or three thousand dollars for a third or subsequent\nviolation of this section if within twelve months; provided, however,\nthat the department may assess an employer a civil penalty of not more\nthan five hundred dollars for any violation of paragraph b of\nsubdivision five of this section.\n  7. The department shall develop and make available on its website a\nposter containing information for employees on filing a complaint\npursuant to this section. Every health care employer shall display such\nposter in a conspicuous location accessible to employees in the\nworkplace.\n
N.Y. EDN Law § 313-A — New York Code / Act EDN / Title 1 / Article 7 / Section 313-A
Prohibition against the use of certain material in questionnaires and applications for admission to educational institutions
Status: in_force

§ 313-a. Prohibition against the use of certain material in\nquestionnaires and applications for admission to educational\ninstitutions. No application for admission to any educational\ninstitution in the state of New York shall contain any questions\nrequiring the involuntary disclosure of the marital status of the\nparents of those applying for admission.\n
N.Y. VAT Law § 102-C — New York Code / Act VAT / Title 1 / Article 1 / Section 102-C
Bicycle with electric assist
Status: in_force

§ 102-c. Bicycle with electric assist. A bicycle which is no more than\nthirty-six inches wide and has an electric motor of less than seven\nhundred fifty watts, equipped with operable pedals, meeting the\nequipment and manufacturing requirements for bicycles adopted by the\nConsumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq.\nand meeting the requirements of one of the following three classes:\n  (a) "Class one bicycle with electric assist." A bicycle with electric\nassist having an electric motor that provides assistance only when the\nperson operating such bicycle is pedaling, and that ceases to provide\nassistance when such bicycle reaches a speed of twenty miles per hour.\n  (b) "Class two bicycle with electric assist." A bicycle with electric\nassist having an electric motor that may be used exclusively to propel\nsuch bicycle, and that is not capable of providing assistance when such\nbicycle reaches a speed of twenty miles per hour.\n  (c) "Class three bicycle with electric assist." Solely within a city\nhaving a population of one million or more, a bicycle with electric\nassist having an electric motor that may be used exclusively to propel\nsuch bicycle, and that is not capable of providing assistance when such\nbicycle reaches a speed of twenty-five miles per hour.\n
N.Y. PBH Law § 2509 — New York Code / Act PBH / Article 25 / Title 1 / Section 2509
Maternal mortality review board
Status: in_force

§ 2509. Maternal mortality review board. 1. (a) There is hereby\nestablished in the department the maternal mortality review board for\nthe purpose of reviewing maternal deaths and maternal morbidity and\ndeveloping and disseminating findings, recommendations, and best\npractices to contribute to the prevention of maternal mortality and\nmorbidity. The board shall assess the cause of death, factors leading to\ndeath and preventability for each maternal death reviewed and, in the\ndiscretion of the board, cases of severe maternal morbidity, and shall\ndevelop and disseminate strategies for reducing the risk of maternal\nmortality and morbidity, including risk resulting from racial, economic,\nor other disparities. The commissioner may delegate the authority to\nconduct maternal mortality reviews.\n  (b) The commissioner may enter into an agreement with the city of New\nYork providing:\n  (i) that the functions of the state board relating to maternal deaths\nand severe maternal morbidity occurring within the city of New York\nshall be conducted by the city board;\n  (ii) the city board shall provide to the state board the results of\nits reviews, relevant information in the possession of the city board,\nand the recommendations of the city board; and\n  (iii) the department and the state board shall provide information and\nassistance to the city board for the performance of its functions.\n  (c) Nothing in this section shall prevent the city of New York from\nestablishing, without an agreement with the commissioner, a board\nrelating to maternal deaths and severe maternal morbidity occurring\nwithin the city of New York.\n  2. As used in this section, unless the context requires otherwise:\n  (a) "Advisory council" and "council" mean the advisory council on\nmaternal mortality and morbidity, established under this section.\n  (b) "Board" means a maternal mortality review board established by\nthis section, referred to in this section as the "state board", or a\nboard operating under this section established by the city of New York,\nwith or without an agreement with the commissioner, referred to in this\nsection as the "city board".\n  (c) "Maternal death" means the death of a woman during pregnancy or\nwithin a year from the end of pregnancy.\n  (d) "Severe maternal morbidity" or "morbidity" means unexpected\noutcomes of pregnancy, labor, or delivery that result in significant\nshort- or long-term consequences to a woman's health.\n  (e) "City commissioner" means the commissioner of the New York city\ndepartment of health and mental hygiene.\n  3. (a) The members of the state board shall be comprised of\nmultidisciplinary experts in the field of maternal mortality, women's\nhealth and public health, and shall include health care professionals or\nother experts who serve and are representative of the racial, ethnic,\nand socioeconomic diversity of the women and mothers of the state and,\nto the extent possible, the medically underserved areas of the state or\nareas of the state with disproportionately high occurrences of maternal\nmortality or morbidity.\n  (b) The state board shall be composed of at least fifteen members, all\nof whom shall be appointed by the commissioner.\n  (c) The terms of the state board members shall be three years. The\ncommissioner may choose to reappoint state board members to additional\nthree year terms.\n  (d) A majority of the appointed membership of the state board, no less\nthan three, shall constitute a quorum.\n  (e) When any member of the state board fails to attend three\nconsecutive regular meetings, unless such absence is for good cause,\nthat membership may be deemed vacant for purposes of the appointment of\na successor.\n  (f) Meetings of the state board shall be held at least twice a year\nbut may be held more frequently as deemed necessary, subject to request\nof the department.\n  (g) Members of the state and city boards shall be indemnified under\nsection seventeen of the public officers law or section fifty-k of the\ngeneral municipal law, as the case may be.\n  (h) Members of the state board shall not be compensated for their\nparticipation on the board but shall receive reimbursement for their\nordinary and necessary expenses of participation.\n  (i) Membership on a board shall not disqualify any person from holding\nany public office or employment.\n  4. (a) The commissioner may request and shall receive upon request\nfrom any department, division, board, bureau, commission, local health\ndepartments or other agency of the state or political subdivision\nthereof or any public authority, such information, including but not\nlimited to death records, medical records, autopsy reports, toxicology\nreports, hospital discharge records, birth records and any other\ninformation that will help the department under this section to properly\ncarry out its functions, powers and duties. The commissioner, or the\ncity commissioner for the maternal deaths or maternal morbidity\noccurring within the vital statistics registration district of the city\nof New York may request and shall receive upon request from any\ndepartment, division, board, commission or other agency under the\nauthority of the city of New York as well as hospitals established\npursuant to article twenty-eight of this chapter, birthing facilities,\nmedical examiners, coroners and coroner physicians and any other\nfacility providing services associated with maternal mortality or\nmaternal morbidity, such information, including, but not limited to,\ndeath records, medical records, autopsy reports, toxicology reports,\nhospital discharge records, birth records and any other information that\nwill help the department under this section to properly carry out its\nfunctions, powers and duties.\n  (b) The commissioner and the city commissioner shall receive and may\nsolicit voluntary information, including oral or written statements,\nrelating to any maternal death and case of severe maternal morbidity,\nfrom any family member or other interested party (including the patient\nin a case of severe maternal morbidity) relating to any case that may\ncome before the board. Oral statements received under this paragraph\nshall be transcribed or summarized in writing. The commissioner and the\ncity commissioner shall transmit that information to the board\nconsidering the case.\n  (c) Before transmitting any information to the board, the commissioner\nor the city commissioner shall remove all personal identifying\ninformation of the woman, health care practitioner or practitioners or\nanyone else individually named in such information, as well as the\nhospital or facility that treated the woman, and any other information\nsuch as geographic location that may inadvertently identify the woman,\npractitioner or facility. This paragraph shall not preclude the\ntransmitting of information to the board that is reasonably necessary to\nenable the board to perform an appropriate review under this section.\n  5. Each board:\n  (a) shall make and report findings and recommendations to the\ncommissioner, and in the case of the city board to the commissioner and\nthe city commissioner regarding the cause of death, factors leading to\ndeath, and preventability of each maternal death case, and each case of\nsevere maternal morbidity reviewed by the board, by reviewing relevant\ninformation for each case in the state or the city of New York, as the\ncase may be, and consulting with experts as needed to evaluate the\ninformation for each death; and shall provide such findings and\nrecommendations, including best practices and strategies for reducing\nthe risk of maternal mortality and morbidity, to the advisory council;\nprovided that material provided to the advisory council shall not\ninclude any information that would be confidential under this section;\n  (b) shall develop recommendations to the commissioner, and in the case\nof the city board to the commissioner and the city commissioner for\nareas of focus, including issues of severe maternal morbidity and issues\nof racial, economic or other disparities in maternal outcomes;\n  (c) may, in addition to the findings and recommendations made under\nthis subdivision, and consistent with all applicable confidentiality\nprotections, bring any particular matter to the attention of the\ncommissioner or the city commissioner, and in the case of the city board\nto the commissioner and the city commissioner;\n  (d) shall issue a report on its findings and recommendations every two\nyears, and may also issue reports more frequently. The reports shall be\npublic documents; and\n  (e) may request and shall receive the assistance of the commissioner\nin the instance of the state board and the city commissioner in the\ninstance of the city board in carrying out its functions.\n  6. The commissioner and the city commissioner and the state and city\nboards shall each keep confidential any information collected or\nreceived under this section that includes personal identifying\ninformation of the woman, health care practitioner or practitioners or\nanyone else individually named in such information, as well as the\nhospital or facility that treated the woman, and any other information\nsuch as geographic location that may inadvertently identify the woman,\npractitioner or facility, and shall use the information provided or\nreceived under this section solely for the purposes of improvement of\nthe quality of health care of women and to prevent maternal mortality\nand morbidity. This subdivision shall not preclude the transmitting of\ninformation to the board that is reasonably necessary to enable the\nboard to perform an appropriate review under this section. All records\nreceived, meetings conducted, reports, except those reports required to\nbe issued by the board by this section, and records made and maintained\nand all books and papers obtained by the board shall be confidential and\nshall not be made open or available, including under article six of the\npublic officers law, and shall be limited to board members as well as\nthose authorized by the commissioner or city commissioner. Such\ninformation shall not be discoverable or admissible as evidence in any\naction in any court or before any other tribunal, board, agency or\nperson.\n  7. The commissioner and the city commissioner, within their respective\nlegal authority, may use the recommendations and findings of the boards\nto develop guidance and other actions relating to best practices, and\nshall disseminate information relating to that guidance and other\nactions to appropriate health care providers.\n  8. (a) There is hereby established in the department an advisory\ncouncil on maternal mortality and morbidity.\n  (b) The advisory council:\n  (i) may review the findings of the boards;\n  (ii) may develop recommendations on policies, best practices, and\nstrategies to prevent maternal mortality and morbidity;\n  (iii) may hold public hearings on those matters;\n  (iv) may make findings and issue reports, including an annual report,\non such matters; and\n  (v) may request and shall receive the assistance of the commissioner,\nthe city commissioner, and the boards in carrying out its functions.\n  (c) The advisory council shall consist of at least twenty members to\nbe determined by the commissioner. The commissioner shall appoint the\nmembers of the council, at least ten of whom shall be on the\nrecommendation of the city commissioner. The commissioner shall appoint\nthe chair of the council.\n  (d) The members of the council shall be comprised of multidisciplinary\nexperts and lay persons knowledgeable in the field of maternal\nmortality, women's health and public health and shall include members\nwho serve and are representative of the racial, ethnic, and\nsocioeconomic diversity of the women and mothers of the state, and to\nthe extent possible, the medically underserved areas of the state or\nareas of the state with disproportionately high occurrences of maternal\nmortality or morbidity.\n  (e) The terms of the council members shall be three years. The\ncommissioner may choose to reappoint council members to additional\nthree-year terms. Vacancies on the council shall be filled by\nappointment by the commissioner, consistent with paragraph (c) of this\nsubdivision. A majority of the appointed membership of the council shall\nconstitute a quorum. When any member of the council fails to attend\nthree consecutive regular meetings, unless such absence is for good\ncause, that membership may be deemed vacant for purposes of the\nappointment of a successor.\n  (f) Meetings of the council shall be held at least twice a year.\n  (g) Members of the council shall be indemnified under section\nseventeen of the public officers law. Members of the council shall not\nbe compensated for their participation on the council but shall receive\nreimbursement for their ordinary and necessary expenses of\nparticipation. Membership on the council shall not disqualify any person\nfrom holding any public office or employment.\n
N.Y. EDN Law § 916-B — New York Code / Act EDN / Title 1 / Article 19 / Section 916-B
Pupils with diabetes
Status: in_force

§ 916-b. Pupils with diabetes. 1. The board of education or trustees\nof each school district and board of cooperative educational services\nshall allow pupils who have been diagnosed with diabetes to carry\nglucagon and carry and use insulin through appropriate medication\ndelivery devices and equipment and/or to carry and use equipment and\nsupplies necessary to check blood glucose levels and ketone levels, as\nprescribed by a physician or other duly authorized healthcare provider,\nduring the school day on school property and at any school function as\nsuch terms are defined, respectively, by subdivisions one and two of\nsection eleven of this chapter, with parental consent and the written\npermission of a physician or other duly authorized health care provider.\nThe written permission shall include an attestation by the physician or\nthe health care provider confirming the following: (a) the pupil's\ndiagnosis of diabetes makes the delivery of insulin and glucagon through\nappropriate medication delivery devices during the school day on school\nproperty or at any school function necessary and/or makes the use of\nequipment and supplies to check blood glucose levels and ketone levels\nnecessary; and (b) that the pupil has demonstrated that he or she can\nself-administer the prescribed insulin effectively and can self check\nglucose or ketone levels and can independently follow the treatment\norders prescribed by the physician or other authorized health care\nprovider in the written permission. The written permission shall\nidentify prescribed blood glucose tests, ketone tests, insulin and\nglucagon to be used by the pupil at school and/or during school\nfunctions. If insulin or glucagon is prescribed, the written permission\nshall include the name of the type of insulin, the dose or dose range,\nthe times when the medication is to be taken, the type of insulin\ndelivery system and any other information prescribed by the commissioner\nin regulation, after consultation with the commissioner of health. A\nrecord of such consent and permission shall be maintained in the\nstudent's cumulative health record. In addition, upon the written\nrequest of a parent or person in parental relation, the board of\neducation or trustees of a school district and board of cooperative\neducational services shall allow such pupils to maintain extra insulin\nand an insulin delivery system, glucagon, blood glucose meters and\nrelated supplies used to treat such pupil's diabetes in the care and\ncustody of a licensed nurse, nurse practitioner, physician assistant, or\nphysician employed by such district or board of cooperative educational\nservices, and shall be readily accessible to such pupil. Nothing in this\nsection shall require a school district or board of cooperative\neducational services to retain a licensed nurse, nurse practitioner,\nphysician assistant, or physician solely for the purpose of taking\ncustody of extra insulin and an insulin delivery system, glucagon, blood\nglucose meters and related supplies used to treat such pupil's diabetes,\nor require that a licensed nurse, nurse practitioner, physician\nassistant, or physician be available at all times in a school building\nfor the purpose of taking custody of extra insulin and an insulin\ndelivery system, glucagon, blood glucose meters and related supplies. In\naddition, the medication and devices, equipment and supplies provided by\nthe pupil's parents or persons in parental relation shall be made\navailable to the pupil as needed in accordance with the school\ndistrict's or board of cooperative educational services' policy and the\norders prescribed in the written permission of the physician or other\nauthorized health care provider. Pupils with diabetes may also carry any\nfood necessary to treat hypoglycemia pursuant to the school district\npolicy, provided, however, such school district policy shall not\nunreasonably interfere with a pupil's ability to treat hypoglycemia.\n  2. A school district, board of cooperative educational services and/or\ntheir agents or employees shall incur no legal or financial liability as\na result of any harm or injury sustained by a pupil or other person\ncaused by reasonable and good faith compliance with this section.\n